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06-09-2025 - Agenda Packet City Council - regular meeting
Agenda City Council Meeting Monday, June 9, 2025, 6:00 PM City Council Chambers 12780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda These items are considered routine and will be enacted by one motion with no discussion unless a council member or staff requests and the item will be removed from the consent agenda for separate discussion and action. 1. City Council Minutes 2. Claims/Bills 3. Upcoming Work Session and Council Training Schedule 4. Hire Police Officer 5. Hire Seasonal Employees 6. Fireworks Display - June 13 7. Fireworks Display - June 19 8. Solicitor License 9. 2025 Sewer Rehabilitation Award (25-012) 10. LA24-000068, 430 Old Crystal Bay Rd, Final Plat Amendment, Resolution 7595 11. LA25-000007, 4745 North Shore Drive, After -the -Fact Conditional Use Permit Amendment - Resolution 7589 Public Comments This is an opportunity for the public to address the City Council. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Speakers should be mindful of time and limit their remarks to three (3) minutes to allow sufficient opportunity for others to speak. We encourage speakers to address their comments to the mayor and council and to keep their remarks respectful and relevant. Please no personal attacks. Criticism of ideas is acceptable, but attacks against individuals are not tolerated. Please make your statements in a civil manner. Similarly, we ask everyone in the audience to be respectful of speakers and refrain from disruptive behavior, such as shouting, heckling, or making excessive noise. Public Hearing This is an opportunity for the public to address City Council on a proposed action or issue before a decision is made. Relevant comments of support and opposition from the public are reflected in the meeting record and considered by the council when making a decision. 12. Stubbs Bay Lake Improvement District Public Hearing Community Development Report 13. LA25-000019, 245 Ferndale Rd N, RPUD Concept Plan Review Attorney Report City Administrator/Engineer Report Council Committee Reports Sign up for email notifications at oronomn.gov 14. Council Committee and Board Reports Mayor/Council Report Closed Session 15. Annual Performance Review of the City Administrator 16. Closed Session - Labor Negotiation Discussion Adjournment Upcoming Events M Jun 13 Early Childhood @ Bederwood Park Jun 16 Planning Commission Jun 19 Holiday - office closed Jun 23 City Council Sign up for email notifications at oronomn.gov K AGENDA ITEM Date: June 9, 2025 Title: City Council Minutes Presenter: Christine Lusian, City Clerk Section: Consent Agenda Purpose: The purpose of this item is to approve the City Council meeting minutes. 2. Staff Recommendation: Approve the City Council work session and regular meeting minutes. COUNCIL ACTION REQUESTED Approve the City Council work session and regular meeting minutes. Exhibits A. 05-27-2025 CC Minutes - work session B. 05-27-2025 City Council Minutes Item: 1 3 Minutes City Council Work Session Tuesday, May 27, 2025, 5:00 PM City Council Chambers 12780 Kelley Parkway, Orono, MN 55356 ROLL CALL City Council members present: Mayor Bob Tunheim, City Council Members Alisa Benson, Steve Persian, Jacqueline Ricks, and Jon Schwingler. Staff present: City Administrator Adam Edwards, Community Development Director Laura Oakden, City Clerk Christine Lusian. REVIEW COUNCIL GOALS AND PRIORITIES Administrator Edwards introduced the topic and the mission, vision, goals, last updated in 2019, and the group agreed that it's solid and includes the right stuff. Oakden explained the 2040 community management plan, last updated in 2018, which will be updated in 2026. The group discussed service level expectations, the development and routine measurement of objectives that align with the goals, and the need for the new council to learn more about the value of the city's current assets. The group directed staff to develop and present a draft customer service process at the next meeting as well as a parks assessment based on our current standards for proper allocation of capital improvement funds. ADJOURNMENT Work session ended at 5:57 p.m. ATTEST: CITY COUNCIL Christine Lusian, City Clerk Bob Tunheim, Mayor 4 Minutes City Council Regular Meeting Tuesday, May 27, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Mayor Tunheim called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. OATH OF OFFICE Oath of Office — Councilmember Jon Schwingler, newly elected Councilmember, took the Oath of Office administered by the City Clerk. ROLL CALL Orono City Council members present: Mayor Bob Tunheim, City Council Members Alisa Benson, Steve Persian, Jacqueline Ricks, and Jon Schwingler. Members absent: None Staff present were Substitute City Attorney Corine Heine, City Administrator/Engineer Adam Edwards, Interim Fire Chief Shea Chwialkowski, Parks Superintendent Joe Ruthenberg, and City Clerk Christine Lusian. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA The Agenda was approved by consensus. CONSENT AGENDA 2. City Council Minutes 3. Claims/Bills 4. Resignation and Recruitment — Public Works Maintenance Worker 5. Rename Police Administrative Assistant to Police Administrative Support Specialist 6. Hire Seasonal Employee 7. Professional Service Contract Review Schedule 8. Upcoming Work Session and Council Training Schedule Benson moved, Ricks seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Marilyn Mulvanny, 141 Hackberry Hill; Kris Clover, 4957 Grand View Ave., Minnetrista; Keli Selness, 2915 Minnehaha Curve, Wayzata; Jen Nowlin, 311 Lanewood Lane, Plymouth; Mike Halvorson, 15372 64t1i Ave. N., Maple Grove; Kelly Jeremiason, 5580 Eastview Drive, Minnetrista; Joe Wilcox, 1105 Quinwood Lane North, Plymouth; Tom Wilcox, 2008 County Rd 19, Maple Plain; and Will Beck, 2636 Independence Rd, Independence, provided comments. PARKS REPORT 9. 2025 Parks Projects Page 1 of 3 Minutes City Council Regular Meeting Tuesday, May 27, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 City Administrator Edwards gave a staff report on 2025 Parks Projects and the need to seek grant or outside funding for some items, and asked the Council to approve the consulting proposal and to direct staff to undertake the design process on these projects. Bolton and Menk, engineering consultants, had provided "not -to -exceed" proposals of $87,200 for Hackberry Park Design, $6,980 for the County Rd. 6 trail improvement, and $10,600 for the Antoine Park Master Plan. The Council discussed the item and asked questions of staff. Benson moved, Schwingler seconded, to direct staff to implement design work for Hackberry Park and approve engagement with Bolton and Menk for design services. VOTE: Ayes 5, Nays 0. Benson moved, Ricks seconded, to approve the CR 6 trail resurfacing proposal. VOTE: Ayes 5, Nays 0. Ricks moved, Persian seconded, to move forward with the Antoine Park design process. VOTE: Ayes 5, Nays 0. 10. Mountain Bike/Multiuse Trail The City Council is requested to review the Staff report, receive a presentation, and discuss and approve up to $15,000 for the design phase for a Mountain Bike Trail next to the Orono Golf Course. Rick Carter of the Parks Commission explained the proposed trail. The Council discussed the item and asked questions of staff and Parks Commission representatives. Concern centered on the impact on the Golf Course of a trail on the perimeter to reach the Mountain Bike area and safety for bikers passing close to golfers. Benson moved, Persian seconded, to deny the design proposal not to exceed $15,000 at Orono Orchards Golf Course. VOTE: Ayes 3, Nays 2 (Tunheim and Schwingler). PUBLIC SAFETY REPORT 11. Hire Part -Time Firefighters The City Council is requested to review the Staff report, receive a presentation, and discuss and approve the hiring of two part-time firefighters. The Council discussed the item and asked questions of staff. Persian moved, Ricks seconded, to hire Aiden Liebl and Cam Aslakson as part-time firefighters effective May 28, 2025. VOTE: Ayes 5, Nays 0. CITY ATTORNEY REPORT None. CITY ADMINISTRATOR/ENGINEER REPORT Page 2 of 3 Minutes City Council Regular Meeting Tuesday, May 27, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 12. 2026 Street Improvement Project Planning and Engineering Project (Project #26-001) The City Council is requested to review the Staff report, receive a presentation, and discuss and approve the design work for 2026 street improvements. Bolton and Menk had provided a scope of services and design fee estimate not to exceed $129,000 for the roadway portion of the project or $184,000 for the roadway and trail. The Council discussed the item and asked questions of staff. Benson moved, Schwingler seconded, to direct the City Engineer to move forward with the planning and design of the 2026 street improvement project and accept the Bolton and Menk proposal for design. VOTE: Ayes 5, Nays 0. COUNCIL COMMITTEE REPORTS None MAYOR/COUNCIL REPORT Mayor and Council provided reports. ADJOURNMENT Ricks moved, Benson seconded, to adjourn the meeting at 8:50 p.m. to Monday, June 9, 2025, at 6:00 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Christine Lusian, City Clerk Bob Tunheim, Mayor Minutes approved by Orono City Council June 9, 2025. Meeting videos and transcripts available at oronomn.gov. Page 3 of 3 7 AGENDA ITEM Date: June 9, 2025 Title: Claims/Bills Presenter: Kellie Hoen, Administrative Assistant Section: Consent Agenda Item: 2 Purpose: The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background: The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 126118 to 126191, and ACH transactions 20130684 to 20130695 totaling $585,684.23 3. Staff Recommendation: Staff recommends approval of a motion authorizing payment to the claims listed as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register2025-06-04 B. Check Register2025-06-04-FIRE RELIEF 8 City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 5/28/2025 - 6/9/2025 Jun 04, 2025 02:57PM Payee JENNIFER SCHUGEL Total 126050: UTILITY BILL REFUND Total 126083: LK WURZER ART INC Total 126118: ALE TRAINING Total 126119: ALLEN'S SERVICE Total 126120: ARVU AUTO Total 126121: Awards by Cindy LLC Awards by Cindy LLC Total 126122: 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. Check Issue Date Check Number Invoice Number Invoice GLAccount Description Department Invoice Amount 05/28/2025 126050 UB REFUND 999-10015 UB REFUND - 1971 FAGERNESS POINT RD - SC 15.01- 15.01- 05/28/2025 126083 UB REFUND 999-10015 UB REFUND - 2805 CASCO PT RD - FROMMELT 3.89- 3.89- O5/28/2025 126118 2025-6 101-45200-319 PAINTING OF GC ROCK Parks 500.00 06/09/2025 126119 1802 613-49830-437 ALCOHOL LIABLITY TRAINING 2024 Golf Course 375.00 375.00 06/09/2025 126120 25-38271 701-49800-402 422 TOWING Fleet Services 157.00 157.00 06/09/2025 126121 13448 701-49800-402 FIRE DURANGO ALIGNMENT Fleet Services 134.50 134.50 06/09/2025 126122 5349 101-41900-221 NAME PLATES - PLANNING COMMISSIONERS Central Services 223.10 06/09/2025 126122 5354 101-41110-439 NAME PLATE - MAYOR Mayor & Council 12.90 236.00 06/09/2025 126123 0363377 651-16500 25-022 CASCO COVE STORMWATER IMPROVEM 326.00 06/09/2025 126123 0363377 651-16500 25-020 2025 KENOBI POND STORMWATER IMPR 231.00 06/09/2025 126123 0363377 651-16500 24-024 MCULLEY ROAD OUTLET STORMWATER 77.00 06/09/2025 126123 0363378 602-49450-305 GIS MAINTENANCE SEWER Sewer 1,150.00 06/09/2025 126123 0363378 601-49400-305 GIS MAINTENANCE WATER Water 1,475.00 06/09/2025 126123 0363378 651-49910-305 GIS MAINTENANCE STORM SEWER Storm Water 967.50 06/09/2025 126123 0363378 101-43170-305 GIS MAINTENANCE GENERAL Engineering 1,035.00 06/09/2025 126123 0363378 101-43000-305 GIS FOR STREETS Public Works Department 180.00 06/09/2025 126123 0363383 101-43170-304 SEWER TELEVISING REVIEW Engineering 4,874.00 06/09/2025 126123 0363409 602-16500 25-012 SANITARY SEWER REHABILITATION 7,851.50 06/09/2025 126123 0363411 435-48979-304 25-001 2025 STREETS IMPROVEMENT 5,323.50 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 5/28/2025 - 6/9/2025 Jun 04, 2025 02:57PM Check Check Invoice Invoice GLAccount Payee Issue Date Number Number BOLTON & MENK INC. 06/09/2025 126123 0363412/036 402-48050-304 BOLTON & MENK INC. 06/09/2025 126123 0363468 101-43280-304 BOLTON & MENK INC. 06/09/2025 126123 0363469 101-43280-304 BOLTON & MENK INC. 06/09/2025 126123 0363472 101-43280-304 BOLTON & MENK INC. 06/09/2025 126123 0363473 101-43280-304 BOLTON & MENK INC. 06/09/2025 126123 0363859 601-16500 Description Department 25-002 BROWN ROAD IMPROVEMENTS LA24-000054 GARAGE CONDOS Special Services LA07-3311 CRYSTAL BAY BUSINESS CENTER -IN Special Services LA25-000001 SKY BLUE WATERS ADITION Special Services LA24-000040 GREEN HAVEN FARM Special Services 22-022 SOUTH WATERPLANT CONTROL UPGRA Total 126123: BOND TRUST SERVICES CORP 06/09/2025 126124 95191 324-47000-611 2021A BONDS INTEREST Total 126124 CAPITOL BEVERAGE SALES L.P 06/09/2025 126125 3136564 613-49830-091 CAPITOL BEVERAGE SALES L.P 06/09/2025 126125 3136564 613-49830-092 Total 126125: CENTERPOINT ENERGY MAIN 06/09/2025 126126 05.2025 601-49400-381 CENTERPOINT ENERGY MAIN 06/09/2025 126126 05.2025 602-49450-381 CENTERPOINT ENERGY MAIN 06/09/2025 126126 05.2025 101-41900-381 CENTERPOINT ENERGY MAIN 06/09/2025 126126 05.2025 101-42110-381 CENTERPOINT ENERGY MAIN 06/09/2025 126126 05.2025 101-42260-381 CENTERPOINT ENERGY MAIN 06/09/2025 126126 05.2025 613-49830-381 Total 126126: CENTRAL PENSION FUND SOU 06/09/2025 126127 05.29.25 FU 101-21705 Total 126127: CENTURYLINK 06/09/2025 126128 05.2025 GC 601-49400-321 CENTURYLINK 06/09/2025 126128 05.2025 GC 613-49830-321 Total 126128: City of Orono Utilities 06/09/2025 126129 05.2025 CH& 101-41900-382 City of Orono Utilities 06/09/2025 126129 05.2025 CH& 101-42110-382 City of Orono Utilities 06/09/2025 126129 05.2025 FIR 101-42260-382 City of Orono Utilities 06/09/2025 126129 05.2025 POS 101-41900-382 BEER POP GAS SERVICE 04/18/25-05/20/25 GAS SERVICE 04/18/25-05/20/25 GAS SERVICE 04/18/25-05/20/25 GAS SERVICE 04/18/25-05/20/25 GAS SERVICE 04/18/25-05/20/25 GAS SERVICE 04/18/25-05/20/25 CENTRAL PENSION FUND 05.29.2025 WTP PHONE/INTERNET 05/19/25-06/18/25 GC PHONE/INTERNET 05/19/25-06/18/25 05.2025 CH 05.2025 PD 05.2025 NORTH TEMP FIRE 05.2025 PO Golf Course Golf Course Water Sewer Central Services Police Department Fire Protection Services Golf Course Water Golf Course Central Services Police Department Fire Protection Services Central Services Invoice Amount 1,287.00 475.00 112.50 190.00 95.00 34,475.00 177,621.88 174.60 816.73 629.64 550.56 146.05 494.11 125.81 2,240.00 2,240.00 75.72 135.90 211.62 287.48 287.48 148.64 89.53 10 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 5/28/2025 - 6/9/2025 Jun 04, 2025 02:57PM Payee Check Issue Date Check Number Invoice Number Invoice GLAccount City of Orono Utilities 06/09/2025 126129 05.2025 PW 651-49910-382 City of Orono Utilities 06/09/2025 126129 05.2025 PW 601-49400-382 City of Orono Utilities 06/09/2025 126129 05.2025 PW 602-49450-382 City of Orono Utilities 06/09/2025 126129 05.2025 PW 101-41900-382 City of Orono Utilities 06/09/2025 126129 05.2025 WT 601-49400-382 Total 126129: CITY OF WAYZATA 06/09/2025 126130 05.2025 UTIL 602-49450-387 CITY OF WAYZATA 06/09/2025 126130 05.2025 UTIL 601-49400-387 Total 126130: CJS SERVICES LLC 06/09/2025 126131 1596 101-43000-405 CJS SERVICES LLC 06/09/2025 126131 1628 101-43000-405 Total 126131: COMPASS MINERALS AMERICA 06/09/2025 126132 1501092 101-43000-224 Total 126132: COTTER, RACHEL 06/09/2025 126133 05.2025 CO 101-41430437 Total 126133: DAHLHEIMER BEVERAGE MON 06/09/2025 126134 2470928 613-49830-094 DAHLHEIMER BEVERAGE MON 06/09/2025 126134 2470928 613-49830-091 DAHLHEIMER BEVERAGE MON 06/09/2025 126134 2482657 613-49830-093 DAHLHEIMER BEVERAGE MON 06/09/2025 126134 2482657 613-49830-094 DAHLHEIMER BEVERAGE MON 06/09/2025 126134 2482657 613-49830-091 Total 126134: DELANO CARQUEST 06/09/2025 126135 6829-324630 701-49800-222 DELANO CARQUEST 06/09/2025 126135 6829-324631 701-49800-222 DELANO CARQUEST 06/09/2025 126135 6829-324703 701-49800-222 DELANO CARQUEST 06/09/2025 126135 6829-324790 701-49800-222 Description Department Invoice Amount 05.2025 PW Storm Water 79.55 05.2025 PW Water 79.55 05.2025 PW Sewer 79.55 05.2025 PW Central Services 79.55 05.2025 WTP Water 162.74 1,Lzj'+.U/ MAY 2025 SEWER Sewer 7,831.30 MAY 2025 WATER Water 3,757.85 11,589.15 TASK 93278 ROW TREES Public Works Department 2,500.00 TASK 94554 TREE REMOVAL Public Works Department 1,000.00 3,500.00 UNTREATED ROAD SALT Public Works Department 24,034.86 <<+,U,34.00 GOVERNMENT SOCIAL MEDIA CONFERENCE - Communications WATER Golf Course 74.50 BEER Golf Course 330.60 SNACKS Golf Course 108.30 WATER Golf Course 59.60 BEER Golf Course 721.50 1,�a4.oU PD 266 PARTS Fleet Services 66.28 PD 266 THERMOSTAT (PARTS) Fleet Services 31.99 PD 268 PARTS Fleet Services 20.76 FIRE 503 FUEL PUMP Fleet Services 376.61 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 5/28/2025 - 6/9/2025 Page: 4 Jun 04, 2025 02:57PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 126135: 495.64 EARL FANDERSEN &ASSOC 06/09/2025 126136 0139614-IN 101-43000-224 SIGNS Public Works Department 305.80 Total 126136: 305.80 ECM PUBLISHERS INC 06/09/2025 126137 1048879 101-41900-340 25-012 SANITARY SEWER IMPROVEMENT PROJ Central Services 403.20 ECM PUBLISHERS INC 06/09/2025 126137 1050797 101-41900-352 JUNE 9 PH STUBBS BAY LAKE Central Services 289.80 Total 126137: 693.00 EMBEDDED SYSTEMS INC. 06/09/2025 126138 344887 101-42110-403 6-MONTH SIREN MAINT 07/01-12/31/2025 Police Department 1,199.28 Total 126138: 1,199.28 Erosion Products LLC 06/09/2025 126139 2025457 651-49910-227 BID LOGS Storm Water 244.80 Total126139: 244.80 FACTORY MOTOR PARTS 06/09/2025 126140 1-10764918 701-49800-222 PD 274 WINDOW SWITCH Fleet Services 25.04 FACTORY MOTOR PARTS 06/09/2025 126140 1-10771445 701-49800-222 PD DURANGO FILTERS Fleet Services 62.52 FACTORY MOTOR PARTS 06/09/2025 126140 1-10796266 701-49800-222 PD 267 PARTS Fleet Services 176.09 FACTORY MOTOR PARTS 06/09/2025 126140 128-Z18050 701-49800-222 VEHICLE BATTERY CORE REFUND Fleet Services 18.00- FACTORY MOTOR PARTS 06/09/2025 126140 128-Z18136 701-49800-222 BATTERY CORE RETURNS AND NEW BATTERIE Fleet Services 42.96 FACTORY MOTOR PARTS 06/09/2025 126140 17-905519 701-49800-222 FIRE 503 PARTS Fleet Services 20.36 FACTORY MOTOR PARTS 06/09/2025 126140 70-590199 701-49800-222 SQUAD CAR BATTERIES Fleet Services 473.56 FACTORY MOTOR PARTS 06/09/2025 126140 70-590355 701-49800-222 422 STARTER Fleet Services 153.00 FACTORY MOTOR PARTS 06/09/2025 126140 70-590364 701-49800-213 BRAKE CLEANER Fleet Services 124.32 FACTORY MOTOR PARTS 06/09/2025 126140 GV12080523 701-49800-222 422 STARTER CORE RETURN REFUND Fleet Services 28.00- Total 126140: 1,031.85 FASTENAL COMPANY 06/09/2025 126141 MNPLY1505 101-43000-226 PPE SAFETY GLASSES Public Works Department 164.02 Total 126141: 164.02 GOPHER ACE 06/09/2025 126142 024913/1 101-41900-223 PAINT SUPPLIES Central Services 74.04 GOPHER ACE 06/09/2025 126142 025037/1 101-41900-401 BUILDING REPAIRS COPY ROOM Central Services 55.47 GOPHER ACE 06/09/2025 126142 025053/1 101-41900-223 DOOR REPAIR SUPPLIES Central Services 22.98 12 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 5/28/2025 - 6/9/2025 Page: 5 Jun 04, 2025 02:57PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount GOPHERACE 06/09/2025 126142 025085/1 101-41900-404 PARK SIGN REPAIR Central Services 1.99 GOPHERACE 06/09/2025 126142 025109/1 101-41900-401 BUILDING REPAIRS COPY ROOM Central Services 50.16 GOPHERACE 06/09/2025 126142 025112/1 101-41900-223 DOOR REPAIR SUPPLIES Central Services 13.43 GOPHERACE 06/09/2025 126142 19395/1 601-49400-240 TOOLS FOR UTILITY DIVISION TRUCKS Water 888.50 GOPHERACE 06/09/2025 126142 19395/1 602-49450-240 TOOLS FOR UTILITY DIVISION TRUCKS Sewer 888.50 GOPHERACE 06/09/2025 126142 25010/1 701-49800-215 SHOP SUPPLIES Fleet Services 54.57 Total 126142: 2,049.64 GRAINGER INC 06/09/2025 126143 9518427134 101-41900-223 STATIONARY STEP TO ACCESS GENERATOR Central Services 208.94 Total 126143: 208.94 HENNEPIN COUNTY ACCOUNT 06/09/2025 126144 1000246938 101-41600-309 JAIL CHARGES/ALL CITIES Law/Legal Services 502.08 Total 126144: 502.08 HIGHVIEW PLUMBING INC 06/09/2025 126145 17603 602-49450-319 1&1 INSPECTION BY HIGHVIEW PLUMBING Sewer 250.00 Total 126145: 250.00 HOLIDAY COMPANIES 06/09/2025 126146 0796010625 101-42110-402 CAR WASHES / HOLIDAY Police Department 258.50 Total 126146: 258.50 HOLTON ELECTRIC CONTRACT 06/09/2025 126147 8213 613-49830-404 GOLF COURSE FOUNTAIN REPIAR Golf Course 170.00 Total 126147: 170.00 INDEPENDANT PET PARTNERS 06/09/2025 126148 PS-INV1043 101-42110-230 K9 SUPPLIES Police Department 80.49 Total 126148: 80.49 JENNIFER OR BRANDON BOLD 06/09/2025 126149 UB REFUND 999-10015 UB REFUND - 3365 CRYSTAL BAY RD - BOLDUC 179.44 Total 126149: 179.44 JENNIFER SCHUGEL 06/09/2025 126150 UB REFUND 999-10015 UB REFUND - 1971 FAGERNESS POINT RD - SC 115.01 13 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 5/28/2025 - 6/9/2025 Jun 04, 2025 02:57PM Check Check Invoice Invoice GLAccount Description Payee Issue Date Number Number Total 126150: JUSTIN OR MEGAN BOTHAM 06/09/2025 126151 UB REFUND 999-10015 UB REFUND - 1335 ORONO OAKS DR Total 126151: KELLI DOTY 06/09/2025 126152 UB REFUND 999-10015 UB REFUND - 3780 TOGO RD - DOTY Total 126152: KIESLER POLICE SUPPLY 06/09/2025 126153 S1105738 101-42110-228 FIREARMS/NEW GLOCK HOLSTERS Total 126153: LAND EQUIPMENT INC 06/09/2025 126154 03-1156547 701-49800-221 EQUIPMENT FITTINGS LAND EQUIPMENT INC 06/09/2025 126154 03-1156718 701-49800-221 BOBNCAT HYDRAULIC COUPLERS Total 126154: LEAGUE OF MN CITIES 06/09/2025 126155 419987 651-49910-433 MN CITIES STORMWATER COALITION Total 126155: LEHR, ADAM 06/09/2025 126156 UB REFUND 999-10015 UB REFUND - 1981 FAGERNESS PT RD - LEHR Total 126156: LOCKRIDGE GRINDAL NAUEN 06/09/2025 126157 119517 703-49960-378 LITIGATION -SPECIAL ELECTION DEFENSE Total 126157: MEB ENTERPRISE INC 06/09/2025 126158 1249 101-43000-224 FILL DIRT Total 126158: MINNEAPOLIS OXYGEN COMPA 06/09/2025 126159 0000144938 701-49800-215 OXYGEN, ACETYLENE MINNEAPOLIS OXYGEN COMPA 06/09/2025 126159 0000144942 101-42260-219 MEDICAL OXYGEN/TANK FEE MINNEAPOLIS OXYGEN COMPA 06/09/2025 126159 000144939 101-42110-221 MEDICAL OXYGEN/TANK FEE MINNEAPOLIS OXYGEN COMPA 06/09/2025 126159 0020358628 101-42260-219 OXYGEN REFILL Department Invoice Amount 13.12 Police Department 183.60 183.60 Fleet Services 129.66 Fleet Services 110.26 239.92 Storm Water 915.00 Public Works Department 250.00 250.00 Fleet Services 81.05 Fire Protection Services 19.07 Police Department 144.72 Fire Protection Services 188.48 14 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 5/28/2025 - 6/9/2025 Page: 7 Jun 04, 2025 02:57PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 126159: 433.32 MINNESOTA DEPARTMENT OF 06/09/2025 126160 05.2025 J. N 601-49400-441 WATER LICENSE - JIMMY Water 23.00 Total 126160: 23.00 MOTOROLA 06/09/2025 126161 8282090314 101-19999 MOTOROLA SOLUTIONS/RADIO FOR MAZDA BUI 6,193.44 Total 126161: 6,193.44 MTI DISTRIBUTING INC 06/09/2025 126162 1476900-00 613-49830404 GOLF COURSE IRRIGATION REPAIR Golf Course 510.00 Total 126162: 510.00 NAVARRE HARDWARE 06/09/2025 126163 349992 101-43000-224 NUMBERS TO MARK LIGHT POLES Public Works Department 20.97 NAVARRE HARDWARE 06/09/2025 126163 350094 101-43000-224 PAINT BRUSH Public Works Department 12.48 NAVARRE HARDWARE 06/09/2025 126163 350110 101-42110-240 MISC HARDWARE Police Department 18.99 NAVARRE HARDWARE 06/09/2025 126163 350147 101-43000-224 HOSE CLAMPS Public Works Department 3.28 Total 126163: 55.72 NOLA DICKHAUSEN 06/09/2025 126164 05.2025 NOL 101-41300437 MN MUNICIPAL CLERK INSTITUTE (NOLA MILES/ Administration 200.50 Total 126164: 200.50 NOVA TECHNOLOGIES 06/09/2025 126165 IN-80009186 710-49970-329 MONTHLY PHONE SIP CHARGE 6/2/25 IT Services 229.23 Total 126165: 229.23 ODP BUSINESS SOLUTIONS LL 06/09/2025 126166 4229447890 101-42110-201 OFFICE SUPPLIES Police Department 4.74 ODP BUSINESS SOLUTIONS LL 06/09/2025 126166 4229522020 101-42110-201 OFFICE SUPPLIES Police Department 54.34 Total 126166: 59.08 ONSITE DRUG TESTING & CON 06/09/2025 126167 02160 601-49400-319 DRUG TESTING -POST ACCIDENT J. HOLMS Water 238.25 ONSITE DRUG TESTING & CON 06/09/2025 126167 02160 602-49450-319 DRUG TESTING -POST ACCIDENT J. HOLMS Sewer 238.25 Total 126167: 476.50 15 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 5/28/2025 - 6/9/2025 Page: 8 Jun 04, 2025 02:57PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount PUMP AND METER SERVICE IN 06/09/2025 126168 1022065 701-49800-403 REPAIRS TO FUEL SYSTEM Fleet Services 222.50 Total 126168: 222.50 QUADIENT INC 06/09/2025 126169 Q1874024 710-49970-413 POSTAGE MACHING LEASE 06.28.25-09.27.25 IT Services 2,829.00 Total 126169: 2,829.00 REPUBLIC SERVICES #894 06/09/2025 126170 0894-007154 101-41900404 TRASH SERVICE 05/01/25-05/31/25 - PW Central Services 488.25 REPUBLIC SERVICES #894 06/09/2025 126170 0894-007154 101-41900404 TRASH SERVICE O5/01/25-05/31/25 - POLICE DE Central Services 214.85 REPUBLIC SERVICES #894 06/09/2025 126170 0894-007154 613-49830404 TRASH SERVICE 05/01/25-05/31/25- GOLF COUR Golf Course 663.94 REPUBLIC SERVICES #894 06/09/2025 126170 0894-007154 101-41900404 TRASH SERVICE 05/01/25-05/31/25- BRUSH SITE Central Services 34.67 REPUBLIC SERVICES #894 06/09/2025 126170 0894-007154 101-45200-404 TRASH SERVICE 05/01/25-05/31/25LURTON PAR Parks 231.00 Total 126170: 1,632.71 RYAN AUTO MALL 06/09/2025 126171 275218 701-49800-222 PD 266 SQUAD CAR PARTS Fleet Services 276.36 Total 126171: 276.36 SCHWARZ BUILDERS INC 06/09/2025 126172 LA25-000005 101-22205 ESCROW REFUND - LA25-000005 - 1480 BOHNS 700.00 Total 126172: 700.00 SHAUGHNESSY LAWN CARE 06/09/2025 126173 05.2025 101-45200-404 PARK MOWING 04/15/2025 - 5/15/25 Parks 4,428.57 Total 126173: 4,428.57 SHERWIN WILLIAMS 06/09/2025 126174 1556-1 101-41900-223 PAINT SUPPLIES Central Services 58.96 SHERWIN WILLIAMS 06/09/2025 126174 1737-7 101-41900404 PAINT SUPPLIES Central Services 44.18 Total 126174: 103.14 SiteOne Landscape Supply LLC 06/09/2025 126175 153593072-0 613-49830-225 GOLF COURSE SUPPLIES Golf Course 25.74 SiteOne Landscape Supply LLC 06/09/2025 126175 154308168-0 101-45200-221 IRRIGATION PARTS Parks 90.06 Total 126175: 115.80 SJ FISHER CONSTRUCTION 06/09/2025 126176 CAS25-0000 101-34410 BP REFUND - CAS25-000001 - 1442 SHORELINE 167.23 16 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 5/28/2025 - 6/9/2025 Page: 9 Jun 04, 2025 02:57PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 126176: 167.23 STOP STICK LTD 06/09/2025 126177 00038375-IN 101-42110-240 STOP STICKS/REPLACEMENTS Police Department 499.00 Total 126177: 499.00 STREICHER'S 06/09/2025 126178 11763298 101-42110-226 UNIFORMS/RAZE Police Department 97.07 STREICHER'S 06/09/2025 126178 11763945 101-42110-228 SWATAMMUNITION FOR MCCOY Police Department 470.35 STREICHER'S 06/09/2025 126178 11764068 101-42110-226 UNIFORMS/STURM Police Department 259.99 Total 126178: 827.41 STREICHER'S 06/09/2025 126179 11764542 101-42260-226 UNIFORM PANTS FOR PAUL WILSON Fire Protection Services 69.99 Total 126179: 69.99 SWANSON HOMES LLC 06/09/2025 126180 RPS18-0001 101-22205 ESCROW REFUND - RPS18-000106 - 2632 CASC 1,000.00 Total 126180: 1,000.00 TERMINAL SUPPLY CO 06/09/2025 126181 30729-00 701-49800-221 SHOP SUPPLIES Fleet Services 279.36 Total 126181: 279.36 THOMSON REUTERS - WEST 06/09/2025 126182 851997850 101-42110-311 DATA PROCESSING/THOMSON REUTERS Police Department 318.14 Total 126182: 318.14 TIMESAVER OFF SITE SECRET 06/09/2025 126183 30516 101-41110-319 CITY COUNCIL MINUTES 5/19/2025 CANVASS BO Mayor & Council 172.00 TIMESAVER OFF SITE SECRET 06/09/2025 126183 30517 101-41110-319 CITY COUNCIL MINUTES 5/12/2025 Mayor & Council 212.50 TIMESAVER OFF SITE SECRET 06/09/2025 126183 30518 101-41110-319 CITY COUNCIL MINUTES 5/27/2025 Mayor & Council 334.00 TIMESAVER OFF SITE SECRET 06/09/2025 126183 30519 101-42400-319 PLANNING COMMISSION MINUTES 05/19/2025 Building & Zoning 293.50 Total 126183: 1,012.00 TOLL GAS & WELDING SUPPLY 06/09/2025 126184 0040213285 701-49800-215 OXYGEN ACETYLENE TANKS Fleet Services 13.64 Total 126184: 13.64 17 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 5/28/2025 - 6/9/2025 Jun 04, 2025 02:57PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount TONKA BUILT LLC 06/09/2025 126185 5026 101-45200-404 BIG ISLAND DOCK PLACEMENT Parks 4.500.00 Total 126185: 4,500.00 UNIFIRST CORPORATION 06/09/2025 126186 1410144419 613-49830-223 RUGS & CLEANING TOWELS -GOLF Golf Course 109.92 UNIFIRST CORPORATION 06/09/2025 126186 1410144420 101-41900-223 MATS/AIRFRESHNERS PW Central Services 90.36 UNIFIRST CORPORATION 06/09/2025 126186 1410146246 613-49830-223 RUGS & CLEANING TOWELS -GOLF Golf Course 17.74 UNIFIRST CORPORATION 06/09/2025 126186 1410146280 101-45200-226 UNIFORMS - PARKS Parks 16.35 UNIFIRST CORPORATION 06/09/2025 126186 1410146280 613-49830-226 UNIFORMS -GOLF COURSE Golf Course 16.35 UNIFIRST CORPORATION 06/09/2025 126186 1410146280 101-41900-226 UNIFORMS -FACILITY Central Services 2.91 UNIFIRST CORPORATION 06/09/2025 126186 1410146280 101-43000-226 UNIFORMS - STORMWATER Public Works Department 63.43 UNIFIRST CORPORATION 06/09/2025 126186 1410146280 101-43000-226 UNIFORMS -STREETS Public Works Department 63.43 UNIFIRST CORPORATION 06/09/2025 126186 1410146280 601-49400-226 UNIFORMS PW-WATER DEPT Water 30.67 UNIFIRST CORPORATION 06/09/2025 126186 1410146280 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 30.67 UNIFIRST CORPORATION 06/09/2025 126186 1410146280 701-49800-226 UNIFORMS - FLEET Fleet Services 33.96 UNIFIRST CORPORATION 06/09/2025 126186 1410146280 101-41900-223 MOPS/CLEANING TOWELS Central Services 24.41 UNIFIRST CORPORATION 06/09/2025 126186 1410146280 101-43000404 RUGS-PW Public Works Department 28.73 UNIFIRST CORPORATION 06/09/2025 126186 1410146280 701-49800-221 SHOP TOWELS - PW Fleet Services 3.91 Total 126186: 532.84 US Bank Equipment Finance 06/09/2025 126187 556851657 710-49970413 FLEET DEPT COPIER - 05/25/25-06/25/25 IT Services 175.47 Total 126187: 175.47 WIEBUSCH, TREY 06/09/2025 126188 06.2025 THE 101-42110-226 UNIFORM/WIEBUSCH INVESTIGATIONS Police Department 213.91 Total 126188: 213.91 XCEL ENERGY 06/09/2025 126189 928287800 101-41900-381 PW BUILDING ELECTRICITY 04/20/25-05/19/25 Central Services 1,492.59 XCEL ENERGY 06/09/2025 126189 928329455 101-43000-386 OCB TRAFFIC SIGNAL 04/20/25-05/19/25 Public Works Department 111.59 XCEL ENERGY 06/09/2025 126189 929246322 602-49450-381 3425 LYRIC 04/27/25-05/27/25 Sewer 24.71 XCEL ENERGY 06/09/2025 126189 929741362 101-41900-381 ELECTRIC SERVICE 4/23/25-05/22/25 Central Services 998.08 XCEL ENERGY 06/09/2025 126189 929741362 101-42110-381 ELECTRIC SERVICE 4/23/25-05/22/25 Police Department 998.08 XCEL ENERGY 06/09/2025 126189 929741362 101-42110-381 ELECTRIC SERVICE 4/23/25-05/22/25 Police Department 35.50 XCEL ENERGY 06/09/2025 126189 929741362 101-43000-381 ELECTRIC SERVICE 4123/25-05/22/25 Public Works Department 170.82 XCEL ENERGY 06/09/2025 126189 929741362 101-43000-386 ELECTRIC SERVICE 4/23/25-05/22/25 Public Works Department 2,691.74 XCEL ENERGY 06/09/2025 126189 929741362 101-45200-381 ELECTRIC SERVICE 4/23/25-05/22/25 Parks 75.74 XCEL ENERGY 06/09/2025 126189 929741362 601-49400-381 ELECTRIC SERVICE 4/23/25-05/22/25 Water 6,671.38 XCEL ENERGY 06/09/2025 126189 929741362 602-49450-381 ELECTRIC SERVICE 4/23/25-05/22/25 Sewer 2,933.51 18 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 5/28/2025 - 6/9/2025 Jun 04, 2025 02:57PM Payee XCELENERGY XCELENERGY Total 126189: ZAYO GROUP LLC ZAYO GROUP LLC ZAYO GROUP LLC Total 126190: ZUMBRO TOOLS ZUMBRO TOOLS Total 126191: LK WURZER ART INC Total 20130681: AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE AMAZON CAPITAL SERVICE Total 20130685 CARDMEMBER SERVICE CARDMEMBER SERVICE Check Check Invoice Invoice GLAccount Description Issue Date Number Number 06/09/2025 126189 929741362 613-49830-381 ELECTRIC SERVICE 4/23/25-05/22/25 06/09/2025 126189 929741362 101-42260-381 ELECTRIC SERVICE 4/23/25-05/22/25 06/09/2025 126190 21541889 613-49830-321 PHONE SERVICE 05/23/25-06/22/25 06/09/2025 126190 21541889 101-41900-321 PHONE SERVICE 05/23/25-06/22/25 06/09/2025 126190 21541889 101-42110-321 PHONE SERVICE 05/23/25-06/22/25 06/09/2025 126191 0521251682 701-49800-240 MECHANICS TOOLS 06/09/2025 126191 0528251701 701-49800-240 MECHANICS TOOLS 05/28/2025 20130681 2025-6 101-45200-319 PAINTING OF GC ROCK 06/09/2025 20130685 14TQ-GGQ3- 601-49400-227 06/09/2025 20130685 14TQ-GGQ3- 602-49450-227 06/09/2025 20130685 197D-97Y6-3 101-43000-226 06/09/2025 20130685 1GPM-3RT4- 710-49970-221 06/09/2025 20130685 1HCR-TX9V- 701-49800-222 06/09/2025 20130685 1LQD-JTT9- 101-41900-223 06/09/2025 20130685 1Q6G-PY7M- 701-49800-215 06/09/2025 20130685 1Q6G-PY7M- 701-49800-222 06/09/2025 20130685 1Q6G-PY7M- 701-49800-222 06/09/2025 20130685 1QCT-LH6X- 101-42110-229 06/09/2025 20130685 1QCT-LH6X- 101-41900-201 06/09/2025 20130685 1QCT-LH6X- 101-41900-201 06/09/2025 20130685 1QCT-LH6X- 101-41900-201 06/09/2025 20130685 1QCT-LH6X- 101-41900-201 06/09/2025 20130685 1QCT-LH6X- 101-41900-201 FLAGS FOR UTILITY LOCATES FLAGS FOR UTILITY LOCATES MUCK BOOTS BRENT MONITORS FOR PD VEHICLE PARTS RETURN DUSTERS SHOP SUPPLIES 421 SHORE CHARGER PD 268 FLOOR MATS PROMOTIONAL ITEMS FOR THE COMMUNITY PAPER PLATES PAPER PLATES THERMAL PAPER TOLLS NAME TAGS NAME PLATE HOLDERS 06/09/2025 20130686 05.2025 CAR 101-42110-221 MEDICAL EQUIPMENT 06/09/2025 20130686 05.2025 CAR 101-42110-221 PBT GAS Department Golf Course Fire Protection Services Golf Course Central Services Police Department Fleet Services Fleet Services Parks Water Sewer Public Works Department IT Services Fleet Services Central Services Fleet Services Fleet Services Fleet Services Police Department Central Services Central Services Central Services Central Services Central Services Police Department Police Department Invoice Amount 485.44 17,495.23 17.24 420.38 282.84 720.46 153.75 532.95 686.70 500.00- 28.05 28.04 132.00 620.14 89.99- 40.94 61.57 117.94 134.24 104.23 61.26 72.70 26.90 9.89 1,329.62 392.55 230.75 19 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 5/28/2025 - 6/9/2025 Page: 12 Jun 04, 2025 02:57PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42110-439 MEETING SUPPLIES Police Department 30.89 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 701-49800-441 PONTOON REGISTRATION YEARLY DECALS Fleet Services 10.73 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-45200-221 PONTOON BOAT PARTS TRIM SWITCH AND CO Parks 339.10 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-43000489 FOOD FOR SPRING CLEAN UP DAY Public Works Department 479.07 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-43000441 ROW APPLICATOR LICENCE FOR PESTICIEDS B Public Works Department 30.66 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42110433 PELOTON MONTHLY MEMBERSHIP Police Department 47.76 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42110437 PLEA CONFERENCE - HOTEL - RASMUSSEN Police Department 286.08 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42110437 PLEA CONFERENCE - HOTEL - MCGREGOR Police Department 286.08 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42110437 PLEA CONFERENCE - WATER - MCGREGOR Police Department 6.00 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42110-433 POST LICENSES Police Department 1,260.00 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41110-433 ICMA RENEWAL Mayor & Council 200.00 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41410489 ELECTION MEALS PM Elections 67.16 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41410-489 ELECTION MEALS PM Elections 60.67 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41410-489 ELECTION MEALS AM Elections 31.43 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41110-439 CITY COUNCIL MEALS MAY 12 Mayor & Council 176.49 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41300433 MUNICIPAL CLERK INSTITUTE RENEWAL Administration 195.00 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41410489 ELECTION MEALS WATERS Elections 40.11 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41410489 ELECTION MEALS SATURDAY VOTING Elections 18.39 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41300-331 CLERK INSTITUTE LODGING (NOLA) Administration 652.80 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41410489 ELECTION MEALS MID -DAY Elections 388.51 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41110439 CITY COUNCIL MEALS APRIL 28 Mayor & Council 154.15 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41110437 LEAGUE OF MN CITIES CONFERENCE - BENSO Mayor & Council 425.00 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41110-437 LEAGUE OF MN CITIES CONFERENCE -TUNHEI Mayor & Council 275.00 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41300-489 NEW EMPLOYEE BREAKFAST - PW/HUNTER Administration 69.65 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41300-489 NAME BADGES - ADAM, RACHEL Administration 19.98 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41410-489 ELECTION MEALS Elections 3.98- CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41410-489 ELECTION MEALS PM Elections 23.38 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41110-439 CITY COUNCIL MEALS - WATER Mayor & Council 5.99 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41300489 WELCOME BREAKFAST - PW/HUNTER Administration 60.99 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-43000437 PESTICIDE APPICATOR CLAAS-BRIAN, HUNTER Public Works Department 155.42 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-43000437 LUNCH CARTEGRAPH TRAINING Public Works Department 64.97 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 710-49970-221 QR LABELS FOR FLEET IT Services 49.80 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 601-49400437 WATER SCHOOL Water 420.00 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 601-49400-319 UPS BILLING CENTER - SHIPPING WATER SAMP Water 31.50 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 601-49400-319 UPS BILLING CENTER - SHIPPING WATER SAMP Water 19.66 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42260437 TRAINING CONFERENCE: HOTEL Fire Protection Services 1,127.80 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42260437 TRAINING CONFERENCE: FLIGHT Fire Protection Services 622.36 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42260-219 AED PADS Fire Protection Services 162.80 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42260-219 LUCAS 3 STRAP Fire Protection Services 136.75 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42260-228 TRAINING SOFTWARE Fire Protection Services 276.00 20 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 5/28/2025 - 6/9/2025 Jun 04, 2025 02:57PM Check Check Invoice Invoice GLAccount Payee Issue Date Number Number CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42260-403 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42260-439 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 613-49830-221 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 613-49830-093 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 613-49830-091 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 613-49830-092 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 613-49830-092 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 613-49830-240 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 613-49830-092 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 613-49830-091 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 613-49830-093 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-42400437 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 710-49970-311 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41300489 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-41300489 CARDMEMBER SERVICE 06/09/2025 20130686 05.2025 CAR 101-45200-319 Total 20130686 Description Department LPG TANK Fire Protection Services DEPT MEETING MEAL Fire Protection Services CART TAGS Golf Course FOOD AND SNACKS TO SELL Golf Course ICE FOR DRINKS Golf Course POP Golf Course POP Golf Course FANS Golf Course POP Golf Course DRINKS Golf Course FOOD AND SNACKS TO SELL Golf Course MEMBERSHIP AND TRAINING- SLUC Building & Zoning ZOOM SUBSCRIPTION IT Services STAFF APPRECIATION -NEW BABY Administration US FEDERAL CONTRACTOR - RETURN Administration BACKGROUND CHECKS Parks HOME DEPOT CREDIT SERVIC 06/09/2025 20130687 2523915 101-41900-223 FACILITY SUPPLIES Central Services HOME DEPOT CREDIT SERVIC 06/09/2025 20130687 3014277 613-49830-223 BUILDING REPAIR SUPPLIES CLUBHOUSE Golf Course HOME DEPOT CREDIT SERVIC 06/09/2025 20130687 7510796 101-41900-223 FACILITY SUPPLIES Central Services HOME DEPOT CREDIT SERVIC 06/09/2025 20130687 7510841 613-49830-223 BUILDING REPAIR SUPPLIES CLUBHOUSE Golf Course HOME DEPOT CREDIT SERVIC 06/09/2025 20130687 9016775 613-49830-223 FACILITY SUPPLIES GOLF COURSE Golf Course Total 20130687: HUNTINGTON NATIONAL BANK 06/09/2025 20130688 970958 415-42260-602 FIRE TRUCK LEASE - ROSENBAUER PUMPER U Fire Capital HUNTINGTON NATIONAL BANK 06/09/2025 20130688 970958 415-42260-612 FIRE TRUCK LEASE - ROSENBAUER PUMPER U Fire Capital Total 20130688: LOGIS-WIRE 06/09/2025 20130689 152070 710-49970-416 M365 MIGRATION IT Services LOGIS-WIRE 06/09/2025 20130689 152103 710-49970-311 NETWORK SERVICES - 04/30/25 IT Services LOGIS-WIRE 06/09/2025 20130689 152136 710-49970-416 INSIGHT PUBLIC SECTOR IT Services Total 20130689: MEDSURETY LLC 06/09/2025 20130690 05.23.25 DC 101-21719 DCAP J. CUTA MEDSURETY LLC 06/09/2025 20130690 05.28.25 FU 101-21719 MFSA 14.18.25-5.25.25 FUNDS Invoice Amount 74.60 195.66 21.24 381.98 5.49 17.34 20.03 119.94 88.18 26.54 220.23 133.00 15.99 89.09 2,396.00- 209.60 62.84 34.14 111.86 23.76 279.00 .14 - 36,928.43 10,343.08 18,000.00 2,983.75 1 AAA - 23,395.05 104.17 23.28 21 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 5/28/2025 - 6/9/2025 Page: 14 Jun 04, 2025 02:57PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount MEDSURETY LLC 06/09/2025 20130690 41654 101-41900-319 JUNE 2025 FEES Central Services 214.00 Total 20130690: 341.45 PSN: PAYMENT SERVICE INVOI 06/09/2025 20130691 311223 101-41900-312 MISC PSN FEES 05.25 Central Services 1.65 PSN: PAYMENT SERVICE INVOI 06/09/2025 20130691 311721 602-49450-312 SEWER FUND PSN FEES 05.25 Sewer 279.91 PSN: PAYMENT SERVICE INVOI 06/09/2025 20130691 311721 601-49400-312 WATER FUND PSN FEES 05.25 Water 279.91 PSN: PAYMENT SERVICE INVOI 06/09/2025 20130691 311721 651-49910-312 STORMWATER PSN FEES 05.25 Storm Water 279.93 PSN: PAYMENT SERVICE INVOI 06/09/2025 20130691 311945 101-41900-312 BUILDING PERMIT PSN FEES 05.25 Central Services 12.65 Total 20130691: 854.05 SQUARE SERVICES 06/09/2025 20130692 06.2025 613-49830-312 GC SQUARE FEE 06/01/2025-07/01/2025 Golf Course 35.00 Total 20130692: 35.00 STREET FLEET EXPEDITED LL 06/09/2025 20130693 577489 701-49800-221 BIG ISLAND MOWER PARTS DELIVERY Fleet Services 37.26 STREET FLEET EXPEDITED LL 06/09/2025 20130693 578607 701-49800-222 PARTS SHIPPING FOR E-1 Fleet Services 99.19 Total 20130693: 136.45 UNITED STATES POSTAL SERVI 06/09/2025 20130694 05.2025 UB 602-49450-322 05.2025 UB POSTAGE Sewer 379.04 UNITED STATES POSTAL SERVI 06/09/2025 20130694 05.2025 UB 651-49910-322 05.2025 UB POSTAGE Storm Water 379.04 UNITED STATES POSTAL SERVI 06/09/2025 20130694 05.2025 UB 601-49400-322 05.2025 UB POSTAGE Water 379.04 Total 20130694: 1,137.12 WEX BANK 06/09/2025 20130695 104904217 101-42110-212 FUEL/K9 VEHICLE WHILE AT TRAINING Police Department 424.43 WEX BANK 06/09/2025 20130695 104904217 101-45200-212 FUEL FOR PONTOON Parks 14.78 Total 20130695: 439.21 Grand Totals: 415,711.63 22 City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 5/23/2025 - 5/23/2025 Jun 04, 2025 02:56PM Check Check Invoice Invoice GLAccount Payee Issue Date Number Number ORONO FIREFIGHTERS RELIEF 05/23/2025 20130684 05.22.2025 101-42260-489 Total 20130684: Grand Totals: Description PAID ON CALL FIRE - FUNDS Department Invoice Amount Fire Protection Services 169.972.60 169,972.60 23 AGENDA ITEM Date: June 9, 2025 Title: Upcoming Work Session and Council Training Schedule Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Item: 3 1. Purpose: The purpose of the action item is to schedule future work session agendas and council training / orientations. 2. Background: a. Work Sessions. This is an opportunity for council members to propose and agree to future work session topics. Work session meetings are at 5 pm on the same days as 6 pm regular council meetings. The table below lists upcoming proposed subjects and dates. Date Subject 13 Jan Council Code of Conduct 27 Jan Special Elections Council Goals 10 Feb Council Code of Conduct (Part 2) 24 Feb Interview Commissioner Applicants (Parks/Planning) 10 Mar Fire Service Coverage Discussion 14 Apr Joint Meeting With Parks Commission 28 Apr Street Maintenance 2026 Average Lakeshore set back (Part 6) 12 May Request for Proposal (RFP) process summary 27 May City Goals and Vision Discussion - Comp Plan look ahead 9 Jun 2 City Goals and Vision Discussion Part 23 Jun Preliminary Budget Guidance 2026 Date Subject _ 14 Jul Code Enforcement Average Lakeshore set back (Part 6) 28 Jul General Fund Budget Update I I Aug Social Media Policy and Procedures 25 Aug Enterprise Budget Update 8 Sep Yneliminary Levy / Budget 22 Sep City Facilities Review 13 Oct Draft Capital Improvement Plans 27 Oct Draft Capital Improvement Plans 10 Nov 24 Nov Fee Schedule Update 8 Dec None b. Council Trainings and Orientations. This is an opportunity for council members to propose and agree to additional trainings or orientations for council.. Staff will then prepare and execute the trainings. The table below lists upcoming proposed subjects and dates. Date and Time Subject Location (Staff Lead 24 March 7, 8:30- 10:00 Salt and Commodities Tours April 4, 10:00- Orono's Conservation Design Code 12:00 Orientation May 21 st and New Council Member Orientation (CM 22nd Schwingler) 3. Staff Recommendation: I recommend the next work session occur as scheduled. COUNCIL ACTION REQUESTED Move to approve the draft work session schedule. Wayzata and Medina DJ Council Chambers Laura City Hall Dept Heads 25 AGENDA ITEM Date: June 9, 2025 Title: Hire Police Officer Presenter: Correy Farniok, Police Chief Section: Consent Agenda Purpose: The purpose of this action item is to gain approval to hire a full-time Police Officer. Item: 4 2. Background: As part of its ongoing effort to recruit qualified police officers for the Orono Police Department, the City of Orono established the Police Cadet Program in 2003. This program provides part-time, entry-level experience for individuals pursuing a career in law enforcement. Cadet positions are part-time and non -benefited, with flexible scheduling to accommodate class attendance. Cadets typically work between 16 to 24 hours per week. Terms of Employment: • Must be enrolled in a law enforcement education program • Must maintain a minimum GPA of 2.0 City of Orono Provides: • Uniforms and equipment for each Cadet • Wages To encourage continued participation and long-term commitment, cadets in this program will be eligible for a school reimbursement incentive of $2,500 per year, up to a maximum of $10,000. This reimbursement will be awarded upon successful hire as a police officer and completion of all program requirements. In addition to the financial incentive, cadets benefit from hands-on training and mentorship within the department, providing valuable experience and preparation for a successful transition into the role of police officer. 3. Recruitment: The selection process for the position was an internal process. This is a promotion from Police Cadet to Police Officer. First round interviews are completed by a panel of currently serving officers and second round interviews by the Chief of Police. Police Officer applicants must also successfully complete a Psychological Exam, a Physical (Pre -employment medical) exam and passed the MN Peace Officers Standards and Training (POST) licensing exam. 4. Recommended Candidate: Kohlton Beck has been employed as a Police Cadet with our department since 2023. Beck has been working part-time for the last two years while attending college. Beck has completed his AAS in Law Enforcement from Alexandria Technical College and has passed the POST licensing requirements. Beck is excited about the opportunity to work for the Orono Police Department as a police officer. Beck is the first to be promoted from the cadet program to police officer. Recommended Compensation: I recommend to hire Kohlton Beck as a Full -Time Police Officer with the effective start date of June 23, 2025. Starting rate of $37.15/hour start (LELS Local 40 Agreement pay scale). As a full- 26 time employee the position is eligible for benefits as outlined in the LELS Local 40 Agreement and personnel handbook. This includes enrollment in the Police and Fire Plan of the Public Employee Retirement Association (PERA). COUNCIL ACTION REQUESTED Motion to approve the hiring of Kohlton Beck as a full-time police officer at the rate of $37.15 per hour with a start date of June 23, 2025. 4A AGENDA ITEM Date: June 9, 2025 Title: Hire Seasonal Employees Presenter: Joe Ruthenberg, Superintendent - Parks, Facilities Section: Consent Agenda Purpose: The purpose of this agenda item is to gain approval of hiring summer seasonal employees. Item: 5 2. Background: The City hires seasonal employees to accomplish a variety of tasks. The hourly pay is proposed to be $14.50-$17.50 for the Golf Course Clubhouse Attendants and Brush Site Attendants; $14.50- $18.50 for Parks/Golf Course Maintenance Employees and Public Works Maintenance Workers. Seasonal employees fall under the 6-month PERA Classification and are therefore excluded from PERA membership. 3. Seasonal Employee Appointments and Candidates: Seasonal Employee Appointment and Candidates Name jPosition lWage (Per Hour) lRemarks Doug Erickson IClubhouse Attendant 1$15.00 INew Hire COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employee listed in the table above. 28 AGENDA ITEM Date: June 9, 2025 Title: Fireworks Display - June 13 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Purpose: The purpose of this action item is to review fireworks display plans. Item: 6 2. License Applicant(s): City code section 66-224(d) and (f)(2) requires city council review of special events requesting the use of city land and involving fireworks. In partnership with our neighbors, Spring Park and Orono are reviewing permits from RES Pyro to launch fireworks Friday, June 13 from a floating platform on West Arm Bay's coffee cove for an event at Lord Fletchers. The fireworks will launch for about 10 minutes between the hours of 8:30 and 9:30pm from the water just east of Fagerness Point. Plans included with the application are attached. 3. Staff Recommendation: Staff from Administration, Community Development, Fire, Parks, and Police have reviewed and approved the application. COUNCIL ACTION REQUESTED Review the fireworks display plans at coffee cove for June 13. Exhibits A. Fireworks location B. Fireworks operator C. Fireworks notice 29 0 Lord Fletcher's Fireworks Display Lead Operator: Colin Chase 651-234-9182 DOB: 10-15-2000 No Assistants State of Minnesota Department of Public Safety State Fire Marshal eApplication Public Portal ACCount Login Public User Lookup Detail NOTE: If you are looking for additional information, please submit an SFM data request. a Education User: Chase, Colin Thomas IQ Lookup primary Certification Type: NFPA1123,NFPA160/1126 User primary Certification Issue Date: 01/01/2023 Primary Certification Status: Current Company I* Complaints Fireworks Operator FW1121 NFPA 1123, NFPA 160/1126 Primary Certification Number: FW1121 Primary Certification Expiration Date: 12/31/2027 Account Identifier: None Certification Issue Certification Date Expiration Date Certific: 01/01/2023 12/31/2027 Current 31 Monday, May 5th, 2025 Dear Resident: \o�;e RES PYRO,,:,z- We are writing as a courtesy to inform you that there will be a fireworks display taking place in West Arm Bay on Friday, June 13' for a public event held by Lord Fletcher's. This display will take place between the hours of 8:30pm and 9:30pm and should be approximately ten minutes in duration. Sincerely, Cory Stinar RES Pyro 21595 286TH STREET I BELLE PLAINE, MN I P: 952-873-3113 1 INFO@RESPYRO.COM I WWW.RESPYRO.COM 32 AGENDA ITEM Date: June 9, 2025 Title: Fireworks Display - June 19 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Purpose: The purpose of this action item is to review fireworks display plans. Item: 7 2. License Applicant(s): City code section 66-224(d) and (f)(2) requires city council review of special events requesting the use of city land and involving fireworks. J & M Displays completed an application to launch fireworks Friday, June 19 from a floating platform on Carman Bay for a wedding reception at 2800 Pheasant Rd. The fireworks will launch at IOpm from the water just east of Narrows Bridge. Plans included with the application are attached. 3. Staff Recommendation: Staff from Administration, Community Development, Fire, Parks, and Police have reviewed and approved the application. COUNCIL ACTION REQUESTED Review the fireworks display plans in Carman Bay for June 19. Exhibits A. Fireworks location B. Fireworks operator C. Fireworks notice 33 RcokD. ORONO. mm 5" FROV V-CRE Gmsicearth 9 �O m �a. o� e� 35 The assistants for the display wilt be Gtenn Dalen, 24, Ryan Hansen, 30, and Jonathan Kubithek, 48. Thera will be lute rs se nt to aft pro pe rties with 1000 feet from the disp toy notifying them about when itvAR be taking place. The lead operator wilt be'watohIngthe weather Fad araQthroughout the day and if the weather is too bets or the wind is strong Me operator Ybill cancel or postpone the SHOW. If the uwnt is cancelled or postponed the town vwill be notified eitherthrocgh a phone cat( a rover an email and the CDuntyshe rOff t h rough the water patrol on site. AGENDA ITEM Date: June 9, 2025 Title: Solicitor License Presenter: Christine Lusian, City Clerk Section: Consent Agenda Purpose: The purpose of this action item is to approve an extended license period. Item: 8 2. License Applicant(s): Aptive Environmental, a company providing residential pest control solutions, currently holds a solicitor permit valid for 10 days, expiring on June 14, 2025. Aptive's team of seven representatives requested to extend their time in Orono until the end of August, to continue their outreach efforts. City code gives council the authority to authorize an additional 50 days beyond the initial license period. The initial licenses were issued on June 5, 2025, and will expire on June 14, 2025. An extension of 50 days would make the new expiration date of the licenses August 4, 2025. 3. Staff Recommendation: Application requirements are complete and staff recommends extending the license period. COUNCIL ACTION REQUESTED Approve the license period extension for 50 days, until August 4, 2025. 37 AGENDA ITEM Date: June 9, 2025 Title: 2025 Sewer Rehabilitation Award (25-012) Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Purpose: The purpose of this action item is to award the 2025 Sanitary Sewer Rehabilitation Project. Item: 9 2. Background: Since 2005, Metropolitan Council Environmental Services (MCES) has identified Orono as one of the communities who contribute excessive inflow and infiltration (I&I). I/I is clear water stormwater and groundwater — that enters the wastewater system. It overloads the system and can cause costly sewer backups into homes and buildings. I&I can also cause sewer overflows into rivers and lakes. The City has been executing a sanitary sewer rehabilitation project annually to reduce I&I. Each year the City works to identify I&I points within the sanitary sewer system thought our annual inspection program. These inspections then inform our rehabilitation efforts for the upcoming years. 3. Scope: This Sanitary Sewer Rehabilitation project will consist of 9 Cured -in -Place Pipe Lateral Lining, 8 CIPP Short liner-5 LF, 1 Grouting Manhole/Pipe Connection, the installation of 39 Manhole Internal Chimney Seal, 476 vertical feet of 1" Cementitious Manhole Rehabilitation, and other miscellaneous related work to successfully rehabilitate the existing sanitary sewer system.. The purpose of the project is to reduce I&I into the sanitary sewer systems and extend the life to the existing pipes. (Exhibits A & B) 4. Cost: The city received proposals from one contractor for $261,339.76 from Hydro-Klean (Exhibit Q. The engineer's estimate for the project was $268,150. In addition to the construction cost, Bolton and Menk provided a proposal not to exceed $12,800 for construction oversight. (Exhibit D) Who Work Cost Status Bolton &Meek, Inc Design and $ 31,814.00Not to exceed, previously Engineering approved Hydro-Klean Construction $ 261,339.76 Pending award Bolton &Menk Inc ' Construction Oversight $ 12 800.00 ' Not to exceed Total $305,953.76 Funding: The project is funded from the Sanitary Sewer Fund. The CIP amount was projected at $300,000. 38 6. Staff Recommendation: I recommend council award the project. COUNCIL ACTION REQUESTED Motion to award the 2025 Sanitary Sewer Rehabilitation project to Hydro-Klean for $261,339.76 and authorize Bolton and Menk to perform design and construction oversight for a fee not to exceed $12,800. Exhibits A. Plan Set 2025 Sanitary Sewer Improvements -Spot Lining B. Plan Set 2025 Sanitary Sewer Improvements -Manhole Lining C. Bid Award Recommendation D. Fee Estimate - 2025 Sewer Construction Services 39 ktsH 2025 Sanitary Sewer Improvements City of Orono I .-r Legend O Sanitary Project Manhole 0- Sanitary Pipe - Spot Repair Sanitary Manhole — Sanitary Pipe 0 100 x Repair Location Feet Source: Hennepin County, City of Orono 'aFB—1 .,,Qay;jt A s r- "I 15.4' Depth Tw� 1p 401 r Pipe Repair BOLTON April 2025 (D & M E N K A eueLy, vkwy 1 7, A r F AYr 6 t Ilk 4., -7' 1W 1l!!ddLd16"- IV 41 2025 Sanitary Sewer Improvements City of Orono Y44 - J 'M1 �qq'•I�' L ileen St _ ,f, ~^ r✓'a - r ell VWx �, � + �' � � � y •;r ��{ _ � 'ram �, : =- �• ;ri to _�* '� � �..- •�a� 5• Y..• • Fk+.. •�-' m 0. yr _ �*� � `�' 'p •yam .�„M �� NI�� to �'• I •e6.. 3t = .•.tj. 00 .-ij- -• .. i +. .]++ R .:.� #� � . '% =ram _N :4. ..: � dw w Pipe Repair ��II�� BO LTO N April 2025 ,� 1 & M E N K kit k: t r 5r' .',� ram•'' ���� :.tir r. Y�•: ` ;.A -I F. Bayside Road Ogg - � •fir .. • F. �1 ■ Legend e Sanitary Project Manhole -40-- Sanitary Pipe - Spot Repair Sanitary Manhole � Sanitary Pipe 0 100 X Repair Location Feet Source: Hennepin County, City of Orono NA Alk w 1q. � r. .E .• zz,� may, y � s � `q � �� F � t••�.9`�C��SYN .�4. ` 44 illk- � `F.^•, t-•�� � � �. � � c�yu - -�.�r �F-� ���� "�� `fir' � . All 2025 Sanitary Sewer Improvements Pipe Repairer gO LTO N tiF��` City of Orono April 2025 w & MEN K gKE'S Hu�� IPFY + 4 ,fir � �� �'` -- ':.. � .. �.� � .. .off• _ -• .. ALW .. ,.' ' ` � '.ram �"• _ .•.n� -' -' _ 'i � � � , AL Vr- low- in de �" [ .ia• - - J 'JilC 7V ". ti Awg J x - 4' o �r�- _ �`- � ie^ �: Ld'' a'�- - _ .. ti ._r_�� � �F.. .e � ti:_'� ��Y�i 'r'• ���r�� Graham Hill i Road 1110 Legendlift ' o • Sanitary Project Manhole -4� Sanitary Pipe - Spot Repair t •1' 4? �, ' , Sanitary Manhole Sanitary Pipe "" i, + r '' s q f '`+vr y "_• 4: Y 100 Repair Location' . -:. s . Feet A �• �k, � �, _ Source: Hennepin County, City of Orono " +r `a iYY 42 �oNO 2025 Sanitary Sewer Improvements City of Orono kE Pipe Repair ��II�� BO LTO N April 2025 ,� 1 & M E N K 'lip: x----- . . . . . . . . . . . . . . . . 15 . t �� �� � - Cygnet PI• ,� . - :t 40' 1 , _ z • ` IA is v ►ti XF. i. ; . �'I�.- r'�i�+t.. y � ��, i� :ti .. •� R �� •� Via: �. yam. �: {�¢ \'� �• � � _ .. r _ t .. 41* .�M1yam' '_' ;� .1►'-`• T- '.. c r, � ' s:F - •J .t� 4 •, .. '� - ,.; ' ; _ .� � .,.: � •i.. ems, � T X E�Gaiii) i� j A. x e Legend `.0�• Ftti;r yy A- ` �� Sanitary*0 ; �7' L Project Manhole —I"— Sanitary Pipe - Spot Repair Sanitary Manhole Sanitary Pipe ` - y ",� • i 0 100 X Repair Locations; ` ,.. FeetO .:.'u. Source: Hennepin County, City of Orono' Q :` w' s ,. 4 3 .,I �oNO 2025 Sanitary Sewer Improvements City of Orono kE Pipe Repair nn BO LTO N April 2025 I D & M E N K W. t y. ,' . •. ��� GHQ " • -., ,. ■ r'' wF r rzr Ys 0 14 e" 'C� iF'i� . �y.. _• � �. ,.r� � A Ear{.. 4 aJP Y Ali,7 Legend e - O Sanitary Project Manhole ► Sanitary Pipe - Spot Repair Sanitary Manhole Sanitary Pipe 0 100 X Repair Location Feet Source: Hennepin County, City of Orono ��',�' • - � � � Tonkawa Road - ,�T --- —.ter=' ,��. � ,�� �� • ' -� . " s�� HF 3 _ � I Alf ti :ti r � �oNO 2025 Sanitary Sewer Improvements Pipe Repair n BO LTO N City of Orono April 2025 I & MEN K kE H��¢ " .�'. !Q .R r.. yN•'L:., _ +•r..••` 7' t �.'' 1• � Jf ` pore ' •� • � y ,y��¢...� � may[ - �•.. 1-A, pV. Rf��,Y •t�" _ - k• 16\ A' •ti fix.,:, l•: _ Y�.. q�. 4 � �"� '-.'r �Z.• ^ F � .� �_� �Tr ....AAA 7�� .. � �. �k •i f' .��r .��j' `�. J t y3 1 A r �: Y �' !� 4�" t�7 ��/•�,� is l .a1 � �/ � 1 4 ..M• "Y _ . JV \all _ d -+ -.:d•. •. )_ max:,. ,.. :�� t'� r 's.rsti''F_Y,' * ��-. �.;•.ice=: 'r �S .� .. _. - ., Aft E. T. , x Legend: ll o O Sanitary Project Manhole ► Sanitary Pipe -Spot Repair � !�' + •Y."S` z �_•� ' '" ' 'y ,�s •i ,i • Sanitary Manhole Sanitary Pipe _ y•" t• I t ti �+ x'Y •. a . r MI- 0 100 xRepair Location• Feet !� - Jri' ;,,.;,• y .,� y:...� Source: Y of Orono City Count Hennepin , p Y ►� S' Or �, +• r ■ 2025 Sanitary Sewer Improvements City of Orono �gkt'SHo s � - � .�. .•:.. - � 7ii1'; wc- � °r• 'Yc a '.�.'.�� �'k, `-;Y"�J s .:� Pipe Repair BO LTO N April 2025 , 1 & MEN K 'Y • ���. -'�.• ;_ - i �'. �r .:1�•.= k - fin' %," i y • 1 .- YFYttJ`+•? V• .. �n :g�-'•.�y, y,� '�, _ i�";' • . ♦ � ,� . ::r - F� fir. -�,l.S'� `'-'•I �ialu'nv7••".V'a '�C •� _ 1�. r ;:1 __ '_{`�y •1; � S..i}" C"1 . i it .� � �-Y� "...� . - .�•:y� ' !" `_� !�.: .�y irk ���r' .. - - � � .',a!•' r . 4 Lip :,•.key.NL 0 115W _I v :• F �e� yr - ., i �,1 :'� � - '96 � �°i.! T., - ""� - r .: � : �• ice~. .01 ^•. . I� G .s #•� r� � -�' - i _ 1 � t` � .. ` rr,� � "ti � .r � - Heritage Dr .. R X + i, '�'� . _ ,'t. i � it � - •--� � ;� % w . " 2 '- 1. � t tF ! ..'�`r . � .•.P. ,�}, } " : �Y" i L _y* a l• c' �'�R. �' . r �Vtir t• u- - x � ram` � '` :P: � I• � � '1`�:�. R. �Y_ - , .F• '. #:: s I 'fir •s � - � �, ` ,� ••' � r • � �. •: '�• ' Y. "�. �'rs.: ` r tp .�. Minnetonka Ave Legend t: r- ��•: O►-_ ^ ; N Sanitary Project Manhole ► Sanitary Pipe -Spot Repair ' O Sanitary Manhole Sanitary Pipet'''•- . -•�5. L . _ 0 0� X Repair Location - a�*" Feet �.:; _. OF Source: Hennepin County, City of Orono r '�� �•rtc _ - `i .' 46 �oNO 2025 Sanitary Sewer Improvements City of Orono kE r akAp a 01 ..f s .,,� • y• yr{ 7 1 �: r Legend e O Sanitary Project Manhole ► Sanitary Pipe - Spot Repair O Sanitary Manhole - Sanitary Pipe 0 100 X Repair Location Feet Source: Hennepin County, City of Orono Pipe Repair nn BO LTO N April 2025 I D & M E N K 47 Pipe Repair ��II�� BO LTO N April 2025 ,� 1 & M E N K i•. iTr MOW- iir�• r• Si! .F,4� r J . M� _ I Shoreline Dr , r2"�� 7IN IL r - q j �Y, •- y A � • '�•'� Yam.' .�. �r tN wo � - oA, r . a tt r� �,. t y� • . +.ice. -� e r.r �� y •.. `.' �x•:�:�3'; ���. _ :. n r Le Will!- e.057 ft4 Sanitary Project Manhole � Sanitary Pipe -Spot Repair' 11 4" Sanitary Manhole Sanitary Pipe4►q° ALa 0 00 X Repair Location" `"'' &• X. Feet'*'�- Source: Hennepin County, City of Orono �oNO 2025 Sanitary Sewer Improvements City of Orono kE `" 48 �oNO 2025 Sanitary Sewer Improvements Pipe Repair BO LTO N City of Orono April 2025 , 1 & MEN K kE Legend e Sanitary Project Manhole -40-- Sanitary Pipe - Spot Repair Sanitary Manhole � Sanitary Pipe 0 100 X Repair Location Feet Source: Hennepin County, City of Orono rye-.. AV 5 vd V Mt co V. V. 49 m .. a s i .;�`� ���. �� w.� t .. y � � �:-` is -.R •i � c � �. �:-�� r'+ .y �' I 2025 Sanitary Sewer Improvements City of Orono kE 0 Legend OSanitary Manhole OSanitary Project Manhole 0 200 Feet Source: Hennepin County, City of Orono Manhole Rehab BOLTON April 20250 & MEN 1W.- 'TWQF 0`1 pit", 4t r dA St--") top, Ak 4, jot• 1W nka .4w Ln 4- Hi fillan '44 f(V 0 Tonkawa zu TM aq rV M ng�� @@EM@ 9 A -dw z.-W 4P VA 50 2025 Sanitary Sewer Improvements City of Orono Manhole Rehab nIn BO LTO N April 2025 , � 1 & MEN K P`-, -�' Lill1 L'UJ � MY � I11N1 ��_a:uuF_1 �' ,�.,� • Ul•.ttJ Vlr I111111 IlS�AF•.Ll ' � . �71 � � � �"`• , � >� ��.. L:B3CF�19Q�i�C�F�GiL'�G�CaY.Y�Q • ,�' . � • ► • 9 Q!1 (����,-��^,�^-�,,,� r C. T q 9�-IItI3sID ir 727 �,'� j�j„�j dIJQ , �; •. � �.;' , 1 ,: ; ' rR LyQ CSC 9Q��P qx� Gil G� Ct �� , ;� LyB Cd� 99�3CP G'�J G� C r .t tf.,'y�. 7� �I Q Y •1 ly l o y C.ii3CNG mpgjL' M � Wildhurst Trl �- F end ry v •' g O Sanitary Manhole , 0 ZZ O Sanitary Project Manhole e'. ,f a 0 200 r g Feet Source: Hennepin County, City of Orono , s V• 1J R`[ L�[3 C&� 9€� � C�ce�7 GiL'� Gffi� C�.t�p O • �� �+•� ,,� �� ;:�; : ` "r!, Af MH21-1 1 EA Internal Chimney Seal 8.8 NF Cementitous MH Rehab Alt Bid 8.8 OF Epoxy MH Rehabilitation Coating i 1- r �49 •4 � tS �C � �� >I!► ���` ;1�c �' j�i.� Lii3C$'JQ£3C�Cxi�GLIGCI$ 0 Forest Lake Dr ' 9C J C it two ,,'► W log Dahl Rd51 �� Y JP TV 2025 Sanitary Sewer Improvements City of Orono 1` ti - ■ O'�d �AL � 1, U �, �_ '.� - ~'. •��/�'v.r.r ,^�• O , ' ), r % a \ fS ayr,i ; y 1�1 , r • r R� t?, : 8k `T �l a r ore +��' � . y•;;:; '� 9 C�,'J�', Ti - mil Legend e OSanitary Manhole OSanitary Project Manhole 0 200 Feet Source: Hennepin County, City of Orono 4 it r. k i v =r Tslrtk,�LTL Manhole Rehab �I� BO LTO N April 2025 , � 1 & MEN K T' GyQ E� fl i1 C� C Gil G� Cj - �/'►. �' V. VJ -b;; eStPO\rt %�• yr ►T �•�r'�. • • _ • }' 9F3 1 Cementitous MH Rehab Alt Bid 9.3 NF Epoxy MH Rehabilitation Coating 1 MH16-2 1 EA Internal Chimney Seal 3.9 YF Cementitous MH Rehab Alt Bid 5.9 YF Epoxy MH Rehabilitation Coating r I k t: LyQCSilfif3CrRCE$9GGQCJi /► 1 aL ►Rest Q . f w &MPH 9k�CP C G� C�1�ip Ut Elk fv� N�" t_ •.. � ,tip F . �IIIIW 52 how Legend O 2025 Sanitary Sewer Improvements City of Orono Manhole Rehab �I� BO LTO N April 2025 , � 1 & MEN K 1 EA Internal Chimney Seal S 9 5 ,F Cementitous MH Rehab ` iI Alt Bid 9.5 YF Epoxy MH Rehabilitation Coating M H 18-22 IN in a 1 EA Internal Chimney Seal }� 10 YF Cementitous MH Rehab Alt Bid 10 YF Epoxy MH Rehabilitation Coating •, • • "�'"" '1 "' 1 EA Internal Chimney Seal r i 16 YF Cementitous MH Rehab • Alt Bid 16 YF Epoxy MH Rehabilitation Coating t e 4 MH18-19 1 EA Internal Chimney Seal 18.5 YF Cementitous MH Rehab Alt Bid 18.5 YF Epoxy MH Rehabilitation Coating t[=__'chi"" Al MH18-14 ' • MH18-17 Alt- 1 EA Internal Chimney Seal G'' y 1 EA Internal Chimney Seal 12.5 YF Cementitous MH Rehab , 21.8 YF Cementitous MH Rehab Alt Bid 12.5 YF Epoxy MH Rehabilitation Coating � Alt Bid 21.8 YF Epoxy MH Rehabilitation Coating MH18-11 1 EA Internal Chimney Seal 14.6 YF Cementitous MH Rehab 9C1 O LIi3Cd��CG�RCabj y� � ' • &i3 PHA MCV @Oav I ' '•..aAl' park Dr' ,._t ` w � � _� �''� � iHs: • _ jl^:�.. • P.� L-�`_I. 99d3 � � � �o C?L��'p �. � r� �� 7) ,. 01, �.7 I - -t , e Jl" j( ♦ Ht �� i . { �k '�►:.�. � L`.43 L-�`_I. 9Ci�3 � � Gib G� C��" ;r�' :•h r'•ti.1{s� .(.'• .• ?J 4M •... ! I \.l' 's *.lL''+ .� • - paw'" �t�-fie. �•�. r�''�~'4 �.4� x. sit` ��'\ •,u i >> ?t,1^��1 d� � ' � , ��,• �, ••`jl� � •"fir`" ¢ R �` � ' � �"I+�•'•�C -� y ilka'', 4 ,sue ., h'�r�`•� i�-��� ,.►-• � ^ a\,''.:•'�i Che ry PI Sanitary Manhole 1 r-� �,, v,� _� ^� ;•. 't A �`°`'ty"i F`s� 1r �. 9 . it � "�� •. .. y �' `i'� ', - �Y r , � Sanitary Project Manhole •�" ,,���•�< ''� �c#�{:, s �ti>r� S �,���'• . � .�� ^' � 9C�!:1c�-p�� ' �_ - �ui�♦ `..* M1,. i'.�.J. •i L9!1 VlY ll�llA�ALV.1.°A!C)IlIL11 N1�1C1'J ,RT •• ` t�r-�t1.s.• T J , ` .V ' Feet `sh .;: ;' ., :.' .` ,•" `t''�8 op - � - it � ti , '��, . roc . �' •�" � .! ''iaf'_ - N i y t 1• t � 1 E Source: Hennepin County, City of Orono \' O,t � �"4 � tom• �r�`^ ,Y',. , , i•A��`-•V�' .�•�L, N; .. w,,, 53 QBOLTON & MENK Real People. Real Solutions. May 28, 2025 City of Orono Attn: Adam Edwards 2750 Kelley Pkwy PO Box 66 Orono, MN 55356 RE: Bid Results for the 2025 Sanitary Sewer Rehabilitation Improvement Project Dear Mr. Edwards: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (9521 448-8838 Fax: (9521 448-8805 Balton-Menk.com Enclosed is the bid abstract for the 2025 Sanitary Sewer Rehabilitation Improvement Project. Only one bid was submitted for the project. This was due to limited contractor availability to complete the work during the 2025 construction season as well as the project providing a multitude of sanitary sewer rehabilitation techniques that many of the sewer lining contractors cannot complete without bringing in and managing multiple subcontractors under one contract. As such, the bid results are listed below: Contractor Bid Hydro-Klean $261,339.76 The engineer's estimate, which was determined prior to the bid opening, was $268,150.00. Although we only received one bid for the recommended improvements, Hydro-Klean has the experience and ability to complete this project successfully within the constraints of the project. Their ability to complete a majority of the work in house, coupled with past successful projects in the City of Orono, make them a strong choice for this project award. We recommend awarding the project to the low bidder, Hydro-Klean, in the amount of $261,339.76. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Senior Principal Engineer H:\ORNO\2SX138136000\1_Corres\C_To Others\2025-05-28 138136 Bid Award Recommendation.docx Balton & Menk is an equal 54 O MLENK Real People. Real Solutions, May 28, 2025 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: 2025 Sanitary Sewer Rehabilitation Improvements — Construction Services Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Fax: (952) 448-8805 Bolton-Menk.com As requested, we have prepared a scope of services and estimated fee for the construction services associated with the 2025 Sanitary Sewer Rehabilitation Improvements Project. Scope of Services Construction Observation Part-time construction observation will be provided. Duties of the Construction Observer will include the following: • Attendance at the pre -construction meeting and all construction -related meetings • Serve as a liaison between the city and the contractor • Review of the completed work to determine if the project is in general conformance with the plans and specifications • Maintenance of construction documentation • Communication with affected property owners, as necessary, to address their construction - related concerns and issues Construction Administration Construction administration duties will include the following: • Administering a pre -construction meeting • Review of shop drawings • Preparation of pay estimates • Contractor Communications • Liaison with City Staff and Council Fee Estimate Based on the scope of services described above, we propose a fee of $12,800 to be billed on an hourly basis. Additional services that may be required after the contract's substantial completion date for the project will be billed on an hourly basis. Please let me know if you have questions or need additional information. H:\ORNO\$2025 New Projects\Fee Estimate - 2025 Sewer Construction Services.docx Balton & Menk is an equal opportunity employer. Sincerely, Bolton & Menk, Inc. David P. Martini, P.E. Senior Principal Engineer H:\ORNO\$2025 New Projects\Fee Estimate - 2025 Sewer Construction Services.docx BoLton & Menk is an equal opportunity employer. AGENDA ITEM Date: June 9, 2025 Item: 10 Title: LA24-000068, 430 Old Crystal Bay Rd, Final Plat Amendment, Resolution 7595 Presenter: Laura Oakden, Community Development Director Section: Consent Agenda Purpose: To amend the final plat development fees for the LA24-000068, 430 Old Crystal Bay Rd 2. Background: The City of Orono adopted a final plat (Resolution 7586). The applicant requested an amendment to the stormwater drainage trunk fee for the site. The final plat identified a stormwater drainage trunk fee of $47,384.10. The original development for Crystal Bay Business Centner paid a stormwater drainage trunk fee as part of the 2007 development. After reviewing the Orono ordinances, there is support to waive the charges for a supplemental stormwater and drainage trunk fee in addition to what Ryan Companies previously paid. Sec. 14-288(2) ("Credit for past payments") provides: "If a lot for which the trunk fee was paid under a past subdivision is then itself subdivided, no additional trunk fee will be charged if the original trunk fee was based on the entire acreage of the parcel now being divided." The letter notes that Ryan paid the fee for the "larger site that includes my client's current proposed development..." Assuming this is correct and verified, the foregoing provision would seem to apply. Based on the provision above, staff supports waiving the stormwater trunk fee due to the nature or type of development. 3. Staff Recommendation: Staff supports waiving the stormwater drainage trunk fee for LA24-000068 at 430 Old Crystal Bay Road. COUNCIL ACTION REQUESTED Motion to adopted Resolution 7595 Exhibits A. Resolution 7595- Fee Amendment B Request to Amend Development Fees C. LA 24-000068, Final Plat Resolution No. 7579 D. Crystal Bay Business Center Development Document 57 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7595 A RESOLUTION AMENDING THE DEVELOPMENT FEES FOR ORONO GARAGE CONDOMIMIUM FINAL PLAT FILE NO.LA 25-000068 WHEREAS, representatives from Garage Condo LLC (the "Developer") on behalf Old Crystal Bay LLC, who is the owner of the property addressed 430 Old Crystal Bay Road and legally described as: That part of Lot 1, Block 1, Crystal Bay Business Center, embraced within Lot 4, Block 1, Van Dale Addition, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the City of Orono (hereinafter the "City") adopted Resolution 7586 granting final plat approval of the Common Interest Community Plat: "Orono Garage Condominium" CIC Plat Phase 1: Building 1 and 2; and WHEREAS, Resolution 7586 identified a Stormwater and Drainage Trunk Fee is $47,384.10; and WHEREAS, the Developer has requested to waive the stormwater Drainage Trunk Fee; and WHEREAS, the City has determined that a Stormwater Drainage Trunk Fee was paid in 2007 as part of the Crystal Bay Business Center development which fully satisfies the stormwater drainage trunk fee associated with the Garage Condo project. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested amendment of the stormwater drainage trunk fee to be waived based on one or more of the following findings of fact concerning the Property: ADOPTED by the Orono City Council on this day of 20_ ATTEST: CITY OF ORONO: Christine Lusian, City Clerk Bob Tunheim, Mayor 58 Snyder Attorneys, PA ATTORNEYS AT LAW Brent C. Sny hrmv .siavr} r May 28, 2025 SENT VIA EMAIL Laura Oakden Community Development Director Orono City Hall 2750 Kelley Pkwy Orono, MN 55356 Email: loakden(a� oronomn. gov Re: ORONO GARAGE CONDOS LLC PROJECT NO.: LA24 — 000068 PROPOSED DEVELOPMENT CONTRACT Dear Ms. Oakden: I write on behalf of my client, Orono Garage Condos LLC, regarding the referenced Development Contract ("Contract") for Project NO.: LA24 — 000068. In reviewing the Contract with my client, we have read the existing Development Agreement — Crystal Bay Business Center, dated December 5, 2007, that was originally entered into between the City of Orono and Ryan Companies US, Inc. Pursuant to Section 17 of that Development Agreement, Ryan Companies US, Inc. paid a Storm Water and Drainage Trunk Fee in the amount of $128,100.00 at the time of its execution for the entire Crystal Bay Business Center project that now includes my client's project. Because the previous developer already paid a Storm Water and Drainage Trunk Fee for the larger site that includes my client's current proposed development, my client requests that Section 20 of the Contract (Storm Water and Drainage Trunk Fee) be deleted from the final draft and that the Orono Garage Condominium CIC Plat be amended to delete Section 7) Payment of Development Fees Required (Stormwater and Drainage Trunk Fee). Sincerely, SNYDER ATTORNEYS, P.A. J�� < Brent C. Snyder 59 May 28, 2025 Ms. Laura Oakden Page 2 Enclosures: Development Agreement — Crystal Bay Business Center, dated December 5, 2007 cc: Orono Garage Condos LLC (robertlouis.pagekgmail.com) 60 10. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A CIC PLAT, CONDITIONAL USE PERMIT AND SITE PLAN APPROVAL FOR THE GARAGE CONDO DEVELOPMENT FILE NO. LA24-000068 WHEREAS, Orono Garage Condos LLC, (hereinafter the "Developer") on behalf of the owners Old Crystal Bay LLC, (hereinafter the "Owners") of the following property: 430 Old Crystal Bay Rd, (PID 33-118-23-13-0016) legally described within Exhibit A (hereinafter collectively the "Property"); WHEREAS on January 9, 2025, the Developer made a complete application for Preliminary Plat, Conditional Use Permit and Site Plan approval to create a garage condo development; and WHEREAS, on February 18, 2025, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held public hearings, at which time all persons desiring to be heard concerning this application were allowed to speak thereon; and WHEREAS, on February 18, 2024, the Planning Commission tabled the application provided guidance to the developer and regarding access, parking and landscaping changes; and WHEREAS, on March 17, 2025, the Planning Commission reviewed the revised application. Although the Developer provided the requested information, the site plan did not provide off-street parking on the site. The Commission was unsatisfied with the revised plans which did not identify off- street parking, with a vote of 4-1, recommended denial of the application as revised; and WHEREAS, on March 27, 2025, the Developer submitted revised plans addressing proof of parking identified with the site. WHEREAS, on April 14, 2025, the City Council reviewed the revised application, the recommendations of the Planning Commission and City staff, and made the following findings: FINDINGS OF FACT: Al. This application was reviewed as Zoning File #LA24-000068. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above- CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7579 mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is guided in the 2020-2040 Community Management Plan for industrial use. A3. The Property is located in the I- industrial Zoning District, which allows a garage condo business as a conditional use. A4. The Property contains 4.88 gross acres in area. A5. The proposal would create 85 condo units within 5 buildings. A6. The Property is located within the MUSA and will be served by city sewer and wafter. A7. The Property is within the Stormwater Quality Overlay District which restricts overall hardcover. The property is located in Tier 5 with a maximum allowed hardcover of 85%. The proposal results in 126,869 sq.ft of hardcover or 75% of the site. A8. The Developer has prepared grading plans to manage stormwater on -site. A9. A Site Plan Analysis was completed and the development of the vacant lot will meet all zoning standards according to the revised plans. A10. The existing public roadway, Orono Industrial Blvd, provides access to the Property. Orono Industrial Blvd will be constructed to complete the Crystal Bay Business Center development improvements. The existing right of way is unimproved and is scheduled to be built to meet city standards. A11. The proposal requires a preliminary and final plat due to the condo plat proposed. The land is not being subdivided. The proposed development is not a subdivision therefore, park dedication fees or Conservation Design Plans are not required. CONDITIONAL USE PERMIT ANALYSIS: The City Council may approve a conditional use permit for garage condo use as long as the following criteria are met: B1. No exterior parking or storage is permitted for a period longer than twenty-four (24) hours. A parking plan must be provided to demonstrate accessibility to the site. The applicant has submitted a proof of parking plan noting parking for each unit and 7 additional possible additional guest parking stalls. The applicant notes that the site does not support outdoor storage or overnight parking. Additionally, the applicant notes in their covenants that no CITY OF ORONO RESOLUTION OF THE CITY COUNCIL outdoor storage will be permitted. This standard it met. B2. The premises shall not be used or customized for residential living purposes or community gatherings or events. The development is within the industrial district which does not support living and dwelling units. The developer's covenant includes prohibition of living/dwelling within units on site as well a prohibition on holding "events". The covenant also defines events. The definition of "events" is included as a listed condition to clarify the use on the site. This condition is met. B3. The premises shall not be used for the operation of a business for retail purposes, including but not limited to automobile repair. This does not prohibit minor maintenance, care, or upkeep of motor vehicles, boats, trailers, or recreational vehicles stored in individual units. Storage and warehousing may be permitted. This condition is met for the proposed development. If any new or more intense uses are contemplated in the future, a review by City staff and approval by the City Council is required. This condition is met. B4.The management, use, and customization of the garage condos, including common areas, and individual units, shall be governed by an association, which association rules shall place adequate controls to ensure compliance with applicable city code. A draft declaration of covenants for management of the development has been provided by the Developer. This condition will be met. This condition is met. B5.The premises shall maintain adequate access to individual units and any common areas or office space for emergency response and snow removal/storage. The developers propose easements for access, drainage, and utilities throughout the common spaces including the drive aisles. A knox box will be placed at the entrance gate for emergency personnel and vehicle access. This condition is met. This condition is met. B6.The premises shall contain sufficient lighting and/or security measures to deter or mitigate criminal activity and ensure adequate access for emergency response.A lighting plan has been provided. The property is also proposed to be fenced and gated. This condition is met. 137. Any individual unit that is connected to the city sewer and water system shall have individual meters. The applicant is proposing individual water and sewer connections to serve building; and each unit will have their own meter. This condition is met. Based on the application and the evidence submitted, the Council finds that the proposed use at the proposed location is or will be: KJ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 138. Consistent with the community management plan; The proposed use is consistent with the community management plan. The garage condo use is consistent with the intended Industrial use of the site. 139. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed use meets the requirements of the Code within the Industrial District as a Conditional Use. 1310. Adequately served by police, fire, roads, and stormwater management; The site is adequately served by police, fire, roads, and stormwater management. The proposed site has been reviewed by the police, fire and engineering departments and the site meets the development standards to support this application. B11. Provided with an adequate water supply and sewage disposal system; The site is provided with adequate water supply and sewage disposal system for the proposed use. The utilities within the development be privately installed and maintained. The City will have access for utility shut off and emergency services. The developer will be responsible for installation and maintenance of the utility infrastructure. Each unit will be individually metered to follow the CUP standards. 1312. Not expected to generate excessive demand for public services at public cost; A storm pond is proposed. The proposed use is not expected to generate an excessive demand for public services at public cost based on other similar developments' historic operating records. B13. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed use is compatible with the surrounding area and with the other Industrial uses. There are residentially -zoned properties across Old Crystal Bay Road North. This low -intensity industrial use is preferable to the adjacent residential properties as compared other Industrial uses such as manufacturing or uses which may create more noise, pollution or other externalities. B14. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The design of the buildings is consistent with the architectural design standards outlined for the industrial district and the industrial uses. 1315. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The design of the buildings and site are consistent with the surrounding area. B16. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses, This is a conditional use within the Industrial district. It will not impair the use and enjoyment of the properties in the area. The development is proposed to meet the conditions of the district. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL IrelyliFg. B17. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The proposed landscape plan includes a variety of plantings on the edge of the property creating screening for the site. The site is surrounded on two sides by industrial parcels, a state highway to the south, and a residential development to the west separated by a 66-foot-wide right-of-way (Old Crystal Bay Road N). The proposed vegetative screening and distance from the adjacent residential developments should provide adequate mitigation from any negative impacts of the site. 818. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; Access to the site is off of an interior road within the industrial district. The site is designed with fencing and landscaping around the perimeter to buffer any adverse impacts. The applicant states the activity resulting from the Garage Condos will not cause a nuisance, smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, or general unsightliness. 1319. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The adjoining properties should not experience parking issues or traffic congestion. The proposed use is expected to have significantly less traffic than the generally allowed uses in the Industrial zoning district. The site will support the parking needs generated by the use. 1320. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The site is designed to enhance the natural environment with the stormwater management and planting plans. The site was originally graded when the Crystal Bay Business Center developed was platted in 2007 and has been vacant with no native plantings or natural areas. B21. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and The lighting for the site is designed to aim downwards and will not cast glare toward public fight -of -way or neighboring residential uses or districts. B22. Not detrimental to the public health, public safety, or general welfare. The proposed use is not detrimental to the public health, public safety, or general welfare and is expected to less impact as a garage condo development than the generally allowed uses within the industrial zoning district. B23. Economic return. The use will provide an economic return to the community and be commensurate with other industrial uses for which the property could feasibly be used. In considering the economic return to the city, the planning commission and city council may give weight to the sociological impact of proposed use, both positive and negative. The use is consistent with the industrial district and other surrounding uses. The site is screened CITY OF ORONO RESOLUTION OF THE CITY COUNCIL and buffered from abutting residential districts. The use of the property will be interior to the buildings with little exterior activity thus limiting negative impacts to the surrounding area. CONCLUSIONS, ORDER AND CONDITIONS: NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the Orono City Council hereby grants Preliminary CIC Plat, Conditional Use Permit and Site Plan Approvals allowing the Developer to proceed with a final plat of the Property to allow a garage condo development with a stormwater pond. The preliminary plat (attached as Exhibit B) together with the stormwater grading, site plan, and landscape plan will establish the elevations, drainage swales, and stormwater basins, common element spaces, landscaping and building footprints for the site. Preliminary Plat approval is subject to the following conditions: C1. Approval is subject to Minnehaha Creek Watershed District (hereinafter the "MCWD") approval and permits as required. Final Plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. C2. Approval is subject to drainage, utility and access easement dedications. C3. The Developer shall address all outstanding engineering comments and/or conditions provided by the City Engineer with the Final Plat development plan submittal. C4. The erosion control plan shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place before commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. C5. Upon evidence of resettlement history, the Developer shall cease all activity and contact the City and the Minnesota State Historic Preservation Office (SHPO) before proceeding. C6. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. C7. Easements Required. 1. Drainage and Utility Easements shall be dedicated to the public on the Final Plat 10' along all exterior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. 2. A Drainage and Utility easement shall be dedicated to the public on the plat over stormwater pond areas, drainageways, and stormwater facilities. ti co CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 3. A Utility and Access Easement shall be granted to the City over the common element space which align with the drive aisles on the Property. C8. Development Fees: a. Stormwater and Drainage Trunk Fee: The property will be subject to the 2025 Stormwater and Drainage Trunk Fee of $9,690.00 per acre. The 4.89 acres property is proposed to be developed, therefore $9,690.00 x 4.89 = $47,384.10. b. Water and Sewer Connection Permits: Connection permits will be required for each individual unit (85 units proposed) and will follow the applicable fee schedule. The individual permits and fees will be due when the connection is being installed to each unit with the building permit. c. Met Council Sewer Availability Charge: Due to the size of the buildings and the number/type of proposed connections it is estimated that the development will require 14 SAC units in total according to the Met Council determination letter. Below is the break down for SAC units for each building. The SAC fee will be collected with each building permit. i) Building 1:1 SAC Unit ii) Building 2: 3 SAC Units iii) Building 3: 4 SAC Units iv) Building 4: 4 SAC Units v) Building 5: 2 SAC Units The current fee is $2,485.00 per SAC unit which would result in a total of (14 x $2,485) $34,790.00 required to connect in 2025. d. Water and Sewer Area Connections: The city determined that the units identified by the Met Council should be used to apply the water and sewer area connection charges. The City of Orono does not have a unit breakdown for industrial uses and the regional authority made a determination of use as it compares to single family homes. Following their logic, it is appropriate to apply the same SAC unit determination when applying the water and sewer area connection fees. These fees will be collected with each building permit. The following fees are proposed to be required using the 2025 fee schedule for $4,370.00 water unit and $6,000.00 per sewer unit. (Total $10,370.00 per unit) i) Building 1:1 SAC Unit = $10,370.00 ii) Buildin 2: 3 SAC Units = $ 31,110.00 iii) Building 3: 4 SAC Units = $ 41,480.00 iv) Building 4: 4 SAC Units = $ 41,480,00 v) Building 5_2 SAC Units = $ 20,740.00 In total all 5 buildings will result in 14 SAC units and would require (14 x $10,370.00) $145,180.00 in fees for water and sewer area connection fees. W h0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL C9. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions before Final Plat approval, to ensure that the proposed plat will accomplish the intended purposes: 1. Final grading, drainage, and erosion control plan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. 2. Final Landscape Plan which shall include planting plans with tree calculations. 3. Final Stormwater Management Plan. 4. Final stormwater pollution prevention plan (SWPPP). 5. Sufficient detail to meet the recommendations of the City Engineer. C10. Council approval is based on the entire record and the above Findings. Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. This approval does not limit the City from revising or amending these conditions as the review process continues. C11. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by filing a Final Plat application within one year of the date of Council approval, or the preliminary plat approvals will expire on that date. C12. Conditional Use Permit Conditions: a. Approval of the CUP will be conditioned upon preliminary and final plat approval. b. All permitting from MCWD and other agencies must be obtained prior to issuance of building permits. c. Any changes to or intensification of the use may trigger additional council review and approval. d. All City Staff comments must be addressed prior to placement on the City Council's agenda for final plat review. e. The hours of operation for the site are set as Gam - 1 Opm 7-days a week. f. The premises shall not be used or customized for residential living purposes or community gatherings or events. Events in this context means: outdoor activities on the property, such as promotional events, gatherings, demonstrations, displays or other activities which affect any easement or use right, obstruct driveways, access roads, or Common Elements. FINAL SUBMITTALS: The Developer shall complete all requirements for Final Plat Approval and all final submittals must be submitted to the Planning Department at least four (4) weeks before the regularly CITY OF ORONO RESOLUTION OF THE CITY COUNCIL scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: C1.Record Plat Drawings. Record plat drawings in the form of two draft (2) copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to V = 200`. A digital copy is also required. Drawing to include: a. Lot lines platted per preliminary plat survey/drawing by Civil Methods Inc., dated 12-28-2024 attached hereto as Exhibit B, except as modified herein. b. Dedication of "Drainage and Utility Easements" 10' along exterior property lines, and over the stormwater pond, ditches, and facilities. c. Dedication of "Ingress, Egress, Drainage and Utility Easement" over the Common Element space. d. Name of the plat. Record mylar drawing will be due at the time of recording for the CIC. Once the building are substantially completed the mylars will need to be signed and recorded before building final and occupancy of the building approved. C2. Financial Guarantee. The Development Agreement shall include a financial guarantee by the Developer to ensure the completion of site improvements. The Developer shall provide Itemized construction estimates for all development improvements. The City Engineer shall review the estimate of improvement costs, including but not limited to storm sewers, landscaping, grading, erosion control, utilities, roads, and stormwater management facility construction, and the Developer shall provide a financial guarantee in an amount equal to 125% of the improvement costs to the City. C3. Legal documents required: a. Title commitment addressed to the City less than 90 days old. All owners, mortgage holders, or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The Developer must provide certified copies of all recorded easements currently affecting the Property. c. The City Engineer shall establish the amount to be provided in the Letter of Credit. 0 ti CITY OF ORONO RBSOLUTioN OF THE CITY COUNCIL NO.7579 d. Signed Developers Agreement and Letter of Credit (in the city's format) for construction of improvements. C4. Plat approval fees to be paid: Total due: $47,384.10 a. Stormwater and Drainage Trunk Fee: $47,384.10. C5, Staging: Final platting will go to the City Council with a draft of the final plat mylars. The draft final plat must be approved by the City Council. Before building permits are issued, approval of the draft final plat, recording of the development agreement, and easement much be completed. Final mylars can be record once the building is substantially completed. Building final and Certificate of Occupancy will be held until the Final Plat for the applicable buildings are recorded with Hennepin County. The developers are proposing a constructing Buildings 1 and 2 in 2025. Separate Final Plat approval will be required when Building 3,4, and 5 are proposed to be constructed. C6. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. C7.According to City Code Section 82-116, this Preliminary Plat approval shall be effective for one year, until April 28, 2026. Failure to file a complete final plat application within this period shall be construed as a formal withdrawal of the proposed plat and the terms and conditions of this resolution shall be null and void. The applicant should anticipate the timing of the construction of their project and request any necessary extensions that may be needed. ADOPTED by the Orono City Council on this 2811 day of April, 2025. ATTEST: 0 ' / _r Ch4tine Lusian, City Clerk 10 CITY OF ORONO: 10 44�_ Alisa Benson, Acting Mayor ti Resolution 7579 Exhibit A 430 Old Crystal Bay Roar{ LEGAL DESCRIPTION That part of Lot 1, Block 1, Crystal Bay Business Center, embraced within Lot 4, Block 1, Van ©ale Addition, Hennepin County, Minnesota Per Torrens Certificate No. 15 73287 Lot 1, Block 1, Crystal Bay Business Center, EXCEPT that part embraced within Lot 4, Block 1, Van Dale Addition, Hennepin County, Minnesota. Abstract Property N ti - 9ffSS aue 'i><Yi �Ol 3NN0 MOIILN kl NON SW �� �&11HAAA££NTTNY'ICA+ �SGRyY'Lit'YS.UOA9fhUIRSS amyl ''S1N'1T8e6�RMg RouN3 114IO�1 .awn wAann l oasv.� Fpy �e'una�iw s� ✓lYF �Pu'.1W Y 1JOJJ Y '° ✓aI .�.'J��(fjjd arc VaSF �w nM m' ,AF3 pamT.�� 1 �.edi� ,e .n�ses3�eaas sop s,n svys ✓ — 4ii 1 B m �olY tl ll I I € l A i I II 1 E € r t 1! I I _I ✓ � n t I € e ! i I _ xr E I I I l t I t` �1 V gI I I i I I j E-€ i ram—€ s — -----------___ °xai---�--__ O� � Ul ---1_._---rm�--- _` --------A ? 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CV) 0 § 01 e ) d � � $ c m � e � � c � m ¢ LL � g co \ \ C _ _ ® - \ \ 2 R k W { E 2 \ El Q } , > @ \ Q - 2 E C 2 - 4 § / ) » U - / ) ) \ , 2 \ LL \ } r'-ZI W MINN. D. O. T. RIW PLAT NO.27-129 STATE OF MINNESOTA TO PUBLIC [Do not scan; see scanned image of plat] PLAT DATED ---MARCH 18, 2003 FILING FEE--430.00 SURCHARGE---$5.00 CERTIFICATE OF TITLE NO.481783 LOCATED: LOTS 3 & 4, BLOCK 1, VAN DALE ADDITION PARCEL 21 [FEE TAKING] [TEMP. EASEMENT TO EXPIRE 12-01-20081 CERTIFICATE OF TITLE NO. 1068997 LOCATED: LOT 7, BLOCK 1, ORONO INDUSTRIAL PARK SE '/z OF THE NE % OF SECTION 33 VACATED LINCOLN DRIVE PARCEL 48 [FEE TAKING] [TEMP. EASEMENT TO EXPIRE 12-01-2008] 94 4_�\ CONTROL SECTION NO.2713(i2=10)903 RIGHT OF WAY IN VAN DALE ADDITION PARCEL OWNER LOCATION arts GTE T 'F' 'm' �X .n °A"X.,He„TXAOE ` T.X. e/e OM,MOE sauXle FEET n1Oe all LE351 tXA�sacrt� IMIFRTST 21 VCI CAPITAL, INC. LOTS 3 & 4 BLOCK I 481783 35571 1 6869 7 12-01-08 FEE RIGHT OF WAY IN SECTION 33 29 THE CHURCH OF ST. GEORGE OF LONG LAKE SE 1/4 NE 1/4 19685 30208 264883 1 8044 12-01-08 FEE 31 IGRONBERG PROPERTIES, LLC ISE 1/4 NE 1/4 1 1 2457 12-01-08 RIGHT OF WAY IN ORONO INDUSTRIAL PARK & SECTION 33 48 �DRB ^8, LLC �SE 1/2 NE I/4 LOT 7, BLOCK I VACATED LINCOLN DRIVE 1068997 42198 I0086 12 -01 -08 FEE RIGHT OF WAY IN LEVERING'S WOODHAVEN 27 IMILTON H. BIX ILOT I. BLOCK I 5217 1 800 1 112-01-08 EASE RIGHT OF WAY IN MEYER DAIRY ADDITION 21A JOHN E. VOGT OUTLOT A 5859 FEE 24 SPEAK THE WORD CHURCH LOT 7 BLOCK 56509 145331 1 112-01-081FEE I� 33 4 HENNEPIN COUNTY CAST IRON MONUMENT AT QUARTER CORNER ze - o IS i 3SFF FO_ rc J � 2634.42'-" 90°55'39" Ip 323 P4 HENNEPIN COUNTY CAST IRON MONUMENT J AT QUARTER CORNER a U B12921 B12921 TO B12922 3, ADJOINS PLAT 27-130 / 'o'o c om O 3 4 4 HENNEPiN COUNTY CAST IRON MONUMENT AT QUARTER CORNER -N- NOTE: TEMPORARY EASEMENTS IN PUBLIC ROADS WILL EXPIRE ON 12-01-2008 VAN CITY DALE ADDITION BLOCK 1 3 4 —T.E. PARCEL 21 .. PARCEL 21 ^/^ — PARCEL 21 ARCEL 21A OUTLOT A IMEYER DAIRY ADDITION) � R/W TO BE ACQUIRED EXIST. RR R/W BY TO AND BOUNDS OF CONVENTIONAL SYMBOLS MINNESOTA DEPARTMENT OF TRANSPORTATION Quarter Line Quarter Line A Parcel 33 ,rot o Aotee/ e Central RIGHT OF WAY PLAT NOe 27-129 S lXteenth LIns Access Opening OPEN ` Property Line Cast Iron Monument —a CONTROL SECTION NO. 2713(12=10-49) R/W Bov _ R/w Existing D.O.T. R/W Line 2" X 2' D.O.T. Iran Tube wIT Aluminum Cap CONTROL SECTION NO. 2713(12=10)903 AN other Road R/W's --- 3/4" D.O.T. Iron Pin a IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 33, T.118 N., R.23 W., Pailroad R/e Prlvate Eaeemant --- OO __ __— C Iran M$two M - _____ er 5Corn Monument IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 33, T.118 N., R.23 W., Teaparigi Easement — T E• — _ R/W eou,aory Corner - R/W Boue HENNEPIN COUNTY, MINNESOTA Building Removal Easement — �� 8• E. — — � m DISTANCES SHOWN TO FEET 1 66, 80 ETC. I ARE EXACT VALUES. SCALE . I Inch = 10a feet / Do L 823 z W PROPERTY LINE ; CITY OF ORONO EASEMENT PER DOC.-3736406 F4110 ORONO B w SWI/4 - NE1/4 INDUSTRIAL �R 6 —BLOCK 1 PARK 7 U U.S. WEST EASEMENT T.E. PARCEL 48 PER DOC. °2512678 ,T ARCEL 48 ° PARCEL 48 EI/4 CDR 33 TO CTR 33 PARCEL 21A- 2639.84' 270°55'39" NW1/4 - SE1/4 BURLINGTON NORTHERN AND SANTA FEIRAILWAY COMPANY EXIST. RR MEYER BYWL OTE&)BLOCK ACOU IRED R/W 1 ,=,B18 BLOCK 1 DAIjR//W 14z " \ 3 4 20 "EXIST. T.H. 12 THE COMMISSIONER OF TRANSPORTATION IS HEREBY DESIGNATING THE DEFINITE LOCATION OF TRUNK HIGHWAY NO. 12 FROM WILLOW DRIVE NORTH TO OLD CRYSTAL BAY ROAD NORTH IN THE CITIES OF LONG LAKE AND ORONO as oho an this plat pr Dared by the State of Minnesota Department f Transportation Is hereby certifled as the ffl 'ell' pl t of t11 4 r ton t said T.H. 2 1 In i d I peso ec 160. �14 subd. Ii°Qeo�iton8i �m:lshBs� an't, alga ed"o}t lion is%ie'�a $�aP;Yo . 4n °T69'8A?" section It 1a further vsudered that the Commissloner of Traneportatlen's Orders sting the aXtt lnq right f way. outside of the Plat boundary, shall remain In full farce and affect untllan a time the exist lnq right of Way Orders are rescinded. It Is further ordered that It le neaeesary to ao0ulre all trees, ehruba, grass and herbage with In the right of way of said Trunk Hlghlay, and to Heap and have the exel ustve Control of the same. Commlesioner's Order No. Location Nature of Interest 86917 PLAT 27-129 Deflniteterlpor�Y ea Tdedthh,i, Permanent soil ono lntenonce eveellanr and Dermanant dra lnage easement. Certified , Carol Molnau rF � an 31/8/03 by Allan E. Plni Dater Director, Office of Land Management I hereby certify that this plat Man Drepal d Dy ono er undx mmyy direst V rvlslon d that I am duly L loonae0 Land Sury Yon ender the Laws f •ha Slate of Minnesota , that title gplut moots reau iremehts LI Minnesota Statutes, tion 160.085, tier 160.19 ubd. I. tlon ld!lst Dtl. 2. rot tlon 1611.is, that parcel o Qer hips tlY dean ibed and d )treated an The plat, and ihut the proposed right f-Way boundary IInea o 41y d/e�n lgna ed the plat. certlfled by "1zNIuI .i�4.el•L — 7_515-7 Licensed Land Surveyor License No. Dote Metro 01v1a1an Rlaht of Way otf lot I hereby certify that this Dlat a eu dyed by on under /I1y direct pervislan and +hat I am a duly LI -,add I� i SuurrvVeyor under the Laura of the Slate Of M1nn.gta, Chet II IMosurennnr8 are correctly hour #SIX Dlat, iM1ar °II monummta have bson mrree+ly °lowed as ah°Wn o th la Dlo+, a d that Lsrtlf:.c^tee .f Locati a feror the no red puD1 to land survey Garner. as ohoon an this plot are o.T f l le In',Ie C �n.�ty sS s r "order's Off ,' �C ,n��n.. Certified DY =" � 31t+3 Licensed Land Sui-dyar License No. Date Aft/DOT District Offloe PARCEL 24 7 CITY OF ,,jK LONG LAKE . HENNEPIN COUNTY ,CAST IRON MONUM 'AT SECTION CORN UTILITY EASEMENT ' DOC. .7518664 l ACCESSEASEMENT In S DOC. 7518664 PERMANENT DRAINAGE EASEMENT PARCEL 29 ' PROPERTY LINE -- ' 15' m\ T.E. PARCEL 31 SE1/4 - NE1/4 CEMETERY 24. 6' p \ T.E. PARCEL 29vY B26 ° PERNANENT RgtA,gOF \ m I - 33' 39 p m `A- EgsE _ is, �t 'ANT \ PARCE 834 , L 29 83 33 m 15'_io-- T.E. PARCEL 29 CEMETERY m PERMANENT DRAINAGE B410 g12746 '.p 20- EASEMENT PARCEL 29 BIO CEL 29 R/W PARCEL 29 0y T.E. PARCEL 29 840p s PARCEL 2S �EAST-WEST ` I/4 LINE 1581 2'020' 39.4' PERMANENT WALL MAINTENANCE - NE1/4 - SE1/4 AND DRAINAGE EASEMENT PARCEL 29- BYWMETESEAND ACQUIRED BOUNDS 331 R/W PREVIOUSLY ACQUIRED BY LOT & BLOCK BLOCK 1 o,I 7 ON65IXOTEENTH LINE SPRUCE 3 2 "E PARCEL 224 T SURVEY STANDARDS ADDITION 1. The plot values, azimuths, and distances are based an the County coordinate ayet-. 2. The Boundary monuments shown an this plat have Deer field chocked for looatlon. The standard dev lotion for the monument position Is O. IOfoot. 3. The county coordinates ahewn an one monument are Dared an ilea to national control mmusonis. 4. For details of this survey contact the Surveying Section at the Mlnnoeoto Department of Tranepartatlan. 'AETRO WEST - GOLDEN VALLEY �- HENNEPIN COUNT) COORDINATES X= 4/8068.651 2!Y I?.1993.i39 i B15 > NAD 83 (1996 ADJI, ACRES o HENNEPiN COUNTY CAST IRON MONUMENT o AT QUARTER CORNER 3 • L _ °moo sr c �__ ___ EXIST. T.H. 12 R/W OUTLOT A AZIMUTH ORIENTATION AND GRID CONVERSION 'lot a2louthe are oriented to the Canty Coordinate System with 0 degrees 0 minutes 0 seconds being "GRID NORTH". Plat dt6ranaes are ground langths. PERMANEN"i DRAINAGE EASEMENT C, FROM I TO I DISTANCE (FT) AZIMUTH LEVERING'S I l 813 B42 20.00 269°55'10" 3C \ m O 842 893 40.00 359°55'10" 20' � B43 814 20.00 89°55'10" T.E. PARCEL 27 PERMANENT WALL MAINTENANCE r BLOCK 1 33 AND DRAINAGE EASEMENT FROM TO DISTANCE(FT) AZIMUTH I PERMANENT DRAINAGE B43o 814 B5 BB 587.63 90°48'58" EASE•.(F.NT PARCEL 27 B4 o B13 PERMANENT DRAINAGE EASEMENT Btzels FRO11 TO DISTANCE(FT) AZIMUTH T.E. PARCEL 27 Bi B9 B40 21.26 270°03'38" WOODHA VEN B40 B41 40.36 0°08'59" B41 811 30.00 90°08'59" - DCC. NO. 7984137, DOC, NO. A; "+T C3 J ..1 _ y0N Ra, OFFICE OF COUNTY RECORDERHENNEPIN OFFICE OF REGISTRAR OF TITLES: 4 t ? 4 3 -- COUNTY, SOTA ETHIS HENNEPIN COUNTY, MINNESOTA ?3l I RER7BY CERTIFY HAT PLAT HAS BEEN FILF) IN THIS OFFI'.E I HEREBY CERTIFY THAT THIS PLAT 1. ON Mnac11 2AF , zoo AT;1 PI( HA��I� ,g3��E�N1 F�z� ED IN THI OFFICE IN CAB. N0. ON,20AT�j:od_M _ IN HENNEPIN COUNT' PLAT NO. 27-129 C.S. 2n3u2=10-49) ��� C B�O�(zu�c,�f-�9�O�F�� PAGE= CAST IRON MONL AT C.S. 2713112=1GINS OE COUNTY RE C• D REGISTRAR OF TITLES SECTION COF95 Doc No 4215102 01 /20/2006 10:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 183216 Deputy 24 New cert Cert Fees 481783 $1.50 AF 1120362 $10.50 STATEFEE $54.00 TDOCFEE $0.00 TSUR $66.00 Total THIS DOCUMENT HAS BEEN RECORDED IN BOTH THE ABSTRACT AND TORRENS REAL ESTATE RECORDS See above for Torrens document number. See next page for Abstract document number. Torrens reference numbers): , M Doc No 8734468 01 /20/2006 10:28 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Transl❑ 183200 Deputy 24 Fees $35.50 DOC $10.50 SUR $46.00 Total THIS DOCUMENT HAS BEEN RECORDED IN BOTH THE ABSTRACT AND TORRENS REAL ESTATE RECORDS See above for Abstract document number. Torrens document number: t-k-', t 5 t o STATE OF MINNESOTA, COUNTY OF HENNEPIN Certified to be a true and correct copy of the original on file and of record in my office -- ZQ 0 (Date) MICHAEL H. CUNNIFF, COUNTY RECORDER 97 PARTIAL FINAL CERTIFICATE AS TO ALL PARCELy� EXCEP PARCEL�24 AND 95 CONDEF/1NATI STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Court File No. CD 2725 ORIGINAL State of Minnesota, by its Commissioner of Transportation, Petitioner, Vs. H. William Lurton, City of Orono, Susan Elizabeth Lurton, Van Ericson, Clifford L. Otten, Louise Often, Often Brothers Nursery and Landscaping, Inc., County of Hennepin, Al Kalsbeck, Jenn Posterick, Mike Norris, Robert Scherer, Kayla Scherer, City of Wayzata, Robert E. Dumas, also known as Robert Edward Dumas, Kathryn G. Dumas, also known as Kathryn Gleason Dumas and Kathryn Dumas, VCI Capital, Inc., successor in interest to VanDale Companies, Inc. and to VEDA, Inc., Drop Ship Express, Inc., John E. Vogt, Maureen C.P. Vogt, Michael J. Hilbelink, Ann M. Hilbelink, Richard D. Meyer, Patricia M: Meyer, The Burlington Northern and Santa Fe Railway Company, successor in interest to Burlington Northern Railway Company and to Great Northern Railway Company and to Chicago, Burlington & Quincy Railroad Co. and to Northern Pacific Railway Company and to The Atchison, Topeka and Santa Fe Railway Company, Speak the Word Church International, formerly known as Speak the Word Church and World Outreach, Central Bank, U.S. Bank National Association, successor in interest to Metropolitan Federal Bank, fsb, Randy O. Morrison, WJM Properties, LLC, ❑RB #8, LLC, City of Long Lake, Lartch Development Co., Qwest Corporation, successor in interest to U S West Communications, Inc., WSI Industries, Inc., Carole A. Winterhalter, U.S..Bank National Association ND, Gregory J. Ehalt, Rosemarie C. Ehalt, John Ray-Ranck, formerly known as John Ranck, Betsy Ray-Ranck, formerly known as Betsy Ray, Carol A. Coleman, also known as Carole A. Coleman, Mortgage Electronic Registration Systems, Inc., Unknown successors 98 in interest Van Eekhout Building Corporation, an inactive Minnesota in interest to Norwest Bank Minnesota, National Association, Scott K. Harris, Terri Mills Harris, Bank of America, National Association, Benn Endsley, John M. James, Lisa H. James, John M. James, Trustee of the Theodore F. Wolf Revocable Trust Agreement dated July 1, 1996, Jeanne Seth, doing business as Fox Hounds Pet Grooming, Lundgren Bros. Construction, Inc., Brian E. Palmer, Julia M. Palmer, SBS Development, LLP, Voyager Bank, formerly known as The Family Bank, FSB, New Horizon Child Care, Inc., also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Petition herein, Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES PARTIAL FINAL CERTIFICATE AS TO ALL PARCELS EXCEPT PARCELS 24 AND 95 _2_ 99 By authority of Section 117.205 Minnesota Statutes, 1 hereby certify that the lands or rights herein described have been taken by the State of Minnesota in eminent domain proceeding for trunk highway purposes in conformity with the requirements of Chapter 117 of said statutes; that commissioners were duly appointed by the court to ascertain and report the amount of damages sustained by the several owners on account of such taking; that said commissioners qualified and made and filed their report of such damages; that the time for appeal from the awards in said report has expired; that appeals, if taken, have been disposed of; that all damages have been paid by the State of Minnesota; that said proceedings are now complete as to all parcels except Parcels 24 and 95; and that said State now owns said lands in fee simple absolute, together with the following rights, to - wit: has acquired from the owners whose lands front thereon any existing right of access to said highway in those cases which are herein particularly mentioned; has acquired a temporary easement in those cases which are herein particularly mentioned; and has acquired easements for walls, wall maintenance, footings and drainage in those cases which are herein particularly mentioned. With reference to Parcel 210, the State of Minnesota has also acquired a wetland easement in perpetuity. With reference to all parcels, the award assumed that the property was free of all pollutants, contaminants, and hazardous wastes. The commission had not assessed any damage for the presence of pollutants, contaminants, and hazardous wastes on the subject property. The award was made with the express understanding that the petitioner, State of Minnesota, has reserved all rights to recover damages, testing cost, and clean-up costs attributable to the existence of pollutants, contaminants, or hazardous wastes on the property _3_ 100 from the respondent in a separate legal action. The commission had not considered the impact of pollutants, contaminants, and hazardous wastes on the fair market value of the subject property either before or after the taking in its assessment of damages. Parcels 65, 67, 69, 77L and 78D were dismissed from the original proceedings. Said lands are situated in Hennepin County, Minnesota, and are described as follows: MI 101 1 I FEE ACQUISITION Parcel 210 C.S. 2713 (12=10-55) S.P. 2713-75 All of Tract A described below: Tract A. That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 118 North, Range 23 West, Hennepin County, Minnesota, described as follows: Beginning at a point 2.5 chains south of the northeast corner thereof; thence West 2.6 chains; thence South 3 degrees East to the present railroad right of way; thence southeasterly along the north side of said right of way to the east line of said Northeast Quarter of the Northwest Quarter; thence North to the point of beginning; Tract B. The Northwest Quarter of the Northeast Quarter of Section 32, Township118 North, Range 23 West, Hennepin County, Minnesota lying north of the present railroad right of way; together with that part of Tract B herein before described which lies southwesterly of Line 1 described below: Line 1. Commencing at the northwest corner of said Northwest Quarter of the Northeast Quarter; thence on an assumed azimuth of 179 degrees 27' minutes 49 seconds along the west line thereof for 165.00 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 159 degrees 27 minutes 52 seconds far 400.00 feet; thence on an azimuth of 144 degrees 27 minutes 52 seconds for 500.00 feet; thence on an azimuth of 124 degrees 27 minutes 52 seconds for 400.00 feet; thence on an azimuth of 101 degrees 27 minutes 52 seconds for 612.72 feet to the east line of said Northwest Quarter of the Northwest Quarter and there terminating; containing 12.25 acres, -more or less, of which 2.71 acres is encumbered by an existing highway easement; together with a wetland easement in perpetuity over that part of Tract B hereinbefore described, adjoining and northeasterly of the above described strip, which lies Southwesterly of the following described line: Beginning at a point on Line 1 described above, distant 972.72 feet northwesterly of its point of termination; thence run northeasterly at right angles to said Line 1 for 350.00 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds to a point distant 222.00 feet northeasterly (measured at right angles) of a point on said Line 1, distant 240.00 feet northwesterly of its point of termination; thence run southwesterly to'a point distant 240.00 feet northwesterly of point of termination of said Line 1 and there terminating. -5 102 containing 4.87 acres, more or less; also a right to use the following described strips for highway purposes, which right shall cease on December 1, 2007 or on such earlier date upon which the Commissioner of Transportation determines by formal order that is no longer needed for highway purposes; A strip being that part of Tract B hereinbefore described adjoining and northeasterly of the first above described strip and adjoining and southeasterly of the second above described strip, which lies southwesterly of a line run parallel with and distant 20 feet northeasterly of the following described line: Beginning at the point of termination of Line 1 described above, thence run northwesterly along said Line 1 for 240 feet and there terminating; A strip being that part of Tract B hereinbefore described adjoining and northeasterly of the first above described strip and adjoining and northwesterly of the second above described strip, which lies southwesterly of a line run parallel with and distant 20 feet northeasterly of Line 1 described above and its northwesterly extension; containing 0.55 acre, more or less. FEE ACQUISITION Parcel 311 C.S. 2713 (12=10-55) S.P. 2713-75 All of Tract A described below: Tract A. Lots 15 and 17, MINNETONKA GARDEN ACRES, according to the plat thereof on -file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; also that part of the County Road lying southerly of the centerline of said County Road as shown in said.MINNETONKA GARDEN ACRES, which lies westerly of the easterly line of said plat, northeasterly of a line drawn parallel with and distant 83 feet northeasterly of the southwesterly line of said plat and southerly of the southerly line of County State Aid Highway No. 8 as shown in Hennepin County. Highway Plat No. 5, according to the duly recorded plat thereof. _6 103 FEE ACQUISITION Parcel 201 C C.S. 2713 (12=10) 901 S.P. 2713-75 All of the following: That part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 118 North, Range 23 West, shown as Parcel 201 C on Minnesota Department of Transportation Right of Way Plat Numbered .27-134 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; containing 1.94 acres, more or less; together with other rights as set forth below, forming and being part of said Parcel 201 C: Access: All right of access as shown on said plat by the access control symbol. Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 201 C by the temporary easement symbol, said easement shall cease on December 1, 2008, or on such earlier date. upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. 7 104 FEE ACQUISITION Parcel 13 C.S. 2713 (12=10) 903 S.P. 2713-75 All of the following: That part of Lot 1, Block 1, DUMAS ORCHARDS and Government Lot 2 of Section 33, Township 118 North, Range 23 West, shown as Parcel 13 on Minnesota Department of Transportation Right of Way Plat Numbered 27-130 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; containing 1.77 acres, more or less, in the unplatted portion; together with other rights as set forth below, forming and being part of said Parcel 13: Access: All right of access as shown on said plat by the access control symbol. Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 13 by the temporary easement symbol, said easement shall cease on December 1, 2008, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. -g- 105 FEE ACQUISITION Parcel 21 C.S. 2713 (12=10) 903 I. VZA bi All of the following: Cb That part of Lot 4, Block 1, VAN DALE ADDITION, shown as Parcel 21 on Minnesota �1\Department of Transportation Right of Way Plat Numbered 27-129 as the same is on file and of record in the office of the , Registrar of Titles in and for Hennepin Count 9 P Y Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 481783; also that part of Lot 3, Block 1, VAN DALE ADDITION, shown as Parcel 21 on Minnesota Department of Transportation Right of Way Plat Numbered 27-129 as the same is on file and of record in the office of the County Recorder in and .for Hennepin County, Minnesota; together with other rights as set forth below, forming and being. part of said Parcel 21: Access: All right of access as shown on said plat by the access control symbol. Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 21 by the temporary easement symbol, said easement shall cease on December 1, 2008, or on such earlier date upon which the Commissioner of Transportation determines .by formal order that it is no longer needed for highway purposes. 106 FEE ACQUISITION Parcel 21 A C.S. 2713 (12=10) 903 S.P. 2713-75 All of the following:. That part of Outlot A, MEYER DAIRY ADDITION, shown as Parcel 21A on Minnesota Department of Transportation Right of Way Plat Numbered 27-129 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. FEE ACQUISITION Parcel 48 C.S. 2713 (12=10) 903 S.P. 2713-75 All of the following: V That part of Lot 7, Block 1, ORONO INDUSTRIAL PARK, and also that part of the South 'half of the Northeast Quarter of Section 33, Township 118 North, Range 23 West, shown as Parcel 48 on Minnesota Department of Transportation Right of Way Plat `\ Numbered 27-129 as the same is on file and of record in the office of the Registrar of Titles in and for Hennepin'. County, Minnesota;'the title thereto being registered as evidenced by Certificate of Title No. 1068997; containing 0.51 acre, more or less, in the unplatted portion; together with other rights as set forth below, forming and being part of said Parcel 48: Access: All right of access as shown on said plat by the access control symbol. -10- 107 Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 48 by the temporary easement symbol, said easement shall cease on December 1, 2008, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. FEE ACQUISITION Parcel 85B C.S. 2713 (12=10) 903 r S.P. 2713-75� All of the following: That part of Government Lot 3, Section 34, Township 118 North, Range 23 West, shown as Parcel 85B on Minnesota Department of Transportation Right of Way Plat Numbered 27-131 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; containing 0.04 acre, more or less, of which 0.01 acre is encumbered by an existing road easement; together with other rights as set forth below, forming and being part of said Parcel 85B: Access: All right of access as shown on said plat by the access control symbol. Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 85B by the temporary easement symbol, said easement shall cease on December 1, 2008, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for -highway purposes. 11 108 Parcel 87B C.S. 2713 (12=10) 903 S.P. 2713-75 All of the following: A wall maintenance and footing easement in perpetuity for the purpose of erecting and maintaining a wall and footings on that part of Lot 7, Block 1 and Lot 7, Block 2, STONERIDGE COLONY, shown as Parcel 87B on Minnesota Department of Transportation Right of Way Plat Numbered 27-132 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, and designated as a permanent wall maintenance and footing easement; together with other rights as set forth below, forming and being part of said Parcel 87B: Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 87B by the temporary easement symbol, said easement shall cease on December 1, 2008, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. -12- 109 FEE ACQUISITION Parcel 97 C.S. 2713 (12=10) 903 S. P. 2713-75 All of the following: That part of the South Half of the Southeast Quarter of Section 35, Township 118 North, Range 23 West, shown as Parcel 97.on Minnesota Department of Transportation Right of Way Plat Numbered 27-134 as the same is on file and of record in the office of the �j County Recorder in and for Hennepin County, Minnesota; r ' containing 1.40 acres, more or less; together with other rights as set forth below, forming and being part of said Parcel 97: Access: All right of access as shown on said plat by the access control symbol. Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 97 by the temporary easement symbol, said easement shall cease on December 1, 2008, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. Doc No 4322667 10/31/2006 09:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 267181 New cert. Cert 1191597 Deputy 59 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total 111 A RESOLUTION GRANTING COMMERCIAL SITE PLAN APPROVAL AND A CONDITIONAL USE PERMIT AND APPROVING THE ISSUANCE OF BUILDING PERMITS FOR CRYSTAL BAY BUSINESS CENTER FOR RYAN COMPANIES US, INC FILE NO. 06-3208 �v &- ('o ? AV 4�N x ti b�AV CITY of ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING COMMERCIAL SITE PLAN APPROVAL AND A CONDITIONAL USE PERMIT AND APPROVING THE ISSUANCE OF BUILDING PERMITS FOR CRYSTAL BAY BUSINESS CENTER FOR RYAN COMPANIES US, INC FILE NO.06-3208 WHEREAS, Ryan Companies US, Inc. (a Minnesota corporation), (hereinafter the "applicant") on May 17, 2006 filed a commercial site plan application with the City of Orono (hereinafter the "City") for property legally described as Lots 1, 2, 3 and 4 Block 1 Van Dale Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant on May 17, 2006 filed a conditional use permit application with the City per City Code Section 78-826(A)(9) for a portion of the property to be known as Lot 1 Block 1 Crystal Bay Business Center to allow the building on this lot to have 50 to 60% burnished block and 40 to 50% rock face block (hereinafter "alternative materials"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on July 17, 2006, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the City Council has reviewed the recommendations of staff, Planning Commission, and City Engineer as well as the comments by the applicant, the applicant's representatives, and the public, and hereby makes the following findings in regard to these applications: 1. These applications were reviewed as Zoning File #06-3208. 2. The property is located in the 1, Industrial Zoning District, which requires a minimum lot area of 40,000 square feet. The applicant's property is four lots, each of which is larger than 40,000 square feet. Page I of 5 113 ,N) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 4 5 3, The Planning Commission reviewed these applications on July 17, 2006 and recommended approval of the commercial site plan review and conditional use permit. 4. The proposal complies with the intent and standards of the Industrial zoning district. 5. The proposed development and conditional use permit would not be detrimental to the health, safety and welfare of the community. 6. The proposed location of the building with the alternative materials is in accord with the objectives of the Zoning Regulations and the purposes of the Industrial zoning district; and 7. The building with the alternative materials would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based on the findings noted above, the City Council of the City of Orono hereby approves the commercial site plan application and conditional use permit for alternative building materials and approves the City's issuance of building permits for the proposed buildings, subject to the following conditions: 1. Council approval is based on the project plans drawn by RLK, Inc., dated May 17, 2006 and revised August 4, 2006. Any changes to the project plans may require further Planning Commission and City Council review. z. The filing of the plat of Crystal Bay Business Center shall occur prior to issuance of permits for any site improvements or building construction. 3. The applicant shall provide the City a set of project plans revised to reflect a 60 foot right of way for the new public street. Page 2 of 5 114 �4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. �. 550 5 4. Before the first new building is occupied the drainage from the existing parking lot onto property in the Orono Industrial Park subdivision shall be redirected to remain within the Applicant's property until it enters the drainage system. 5. The new shoulder and re -striping of Old Crystal Bay Road shall be completed before the first new building is occupied. 6. The conditional use permit for outdoor storage (#01-2612) shall be revised to relocate the outdoor storage prior to construction of the new street or issuance of a building permit for Lot 1 Block 1. 7. The applicant shall execute a Developer's Agreement for construction of the on -site improvements as set forth therein. This Developer's Agreement shall define site access required during construction. (This Developer's Agreement and the Developer's Agreement for the plat of Crystal Bay Business Center shall be combined into one agreement.) 8. No land alterations shall take place until erosion control is established and a building, demolition or land alteration permit has been issued. No improvements shall begin until the appropriate permit has been issued. A Letter of Credit must accompany the building permit application written to 125% of the City Engineer's estimated cost of the proposed on -site improvements for that lot and any required improvements on other lots within the subdivision. 9. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for construction of one of the new buildings within one year of filing of the final plat and permits for construction of the other two new buildings within five years of the issuance of the permit for the first building. 10. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 115 X CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. �. 5.505 11. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the applicant, its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 11 th day of September, 2006. ATTEST: LiAda S. Vee, City Clerk Ryan Companies , Inc it' s:\1,wAf4i 6" STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this _ day of D_ 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. FWHEL DODGE NOTARY PUBLIC - MINNESOTA My CaillfilISSlOrI Expires Jan. 31 2010 .C_ k -.e-- Notary Pub Page 4 of 5 116 o n; W STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORO.&'1"VO RESOLUTION OF THE CITY COUNCIL NO. 55 0 �n The foregoing instrument was acknowledged before me on this —Minnesota of m 3 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC - MINNESOTA • r " %f Commission Expires Jan. 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public T The foregoing instrument was acknowledged before me on this L day of 2006 by,�yrr������� fiL ��'����{.ek'of Ryan Companies US, Inc, a Minnesota corporation, on behalf of R an Com anies US, Inc. 11J�1J./.Il.�.lJ!JJ./Jflltl��1111� all !� �� 11 1 • 1 �,� lL' Page 5 of 5 117 RESOLUTION # 5505 STATE OF MINNESOTA } COUNTY OF HENNEPIN } } CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on September 11 2006 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 25th day of September , 2006. Linda S. Vee, City Clerk 118 III III 111111111111111111111111111111 Doc No 4457476 12/27/2007 04:30 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 364296 New cert Cert 1216826 Deputy 26 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total 119 T (reserved for recording information) DEVELOPMENT AGREEMENT CR Y►STAL BA Y B usimSS CENTER DEVELOPMENT AGREEMENT ("Agreement") dated December 5 , 2007, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and RYAN COMPANIES US, INC., a Minnesota Corporation (the "Developer"). DEFINITIONS "Building Permit Approval" means City review and approval of plans for the construction of Improvements for individual Lots. "Commercial Site Plan Approval" means the September 11, 2006 City review and approval of proposed Improvements for each individual Lot within the Plat. "Development" means the construction, remodeling, or replacement of up to 4 structures, each on separate lots within the Plat. "Development Stage Approval" means review and approval of plans and this Agreement by the City prior to construction of the Improvements. iLyxUM21 -1- 120 "Highway 12" means the new expressway on the South side of the Plat. "Improvements" means the Private Improvements and the Public Improvements. "Lot" means a lot defined within the Plat. "Plans" means the series of plans and specifications set forth in Section 8 of this Agreement. "Plat" means the final Plat for CRYSTAL BAY BUSINESS CENTER, an industrial center located at 2725 and 2765 Wayzata Boulevard and 430 and 450 Old Crystal Bay Road North, said Plat approved of even date with this Agreement. The Plat contains approximately 17.5 acres and is legally described as Lots 1 and 2, Block 1, and Lots 1, 2, and 3, Block 2, all within Crystal Bay Business Center, Hennepin County, State of Minnesota, as shown on the attached Exhibit U.-M "Private Improvements" means remodeling, construction of buildings, infrastructure, landscaping, etc. within individual Lots. "Public Improvements" means construction of infrastructure, landscaping, etc. within public rights of way. "Wayzata Boulevard" means the existing highway on the North side of the Plat. 1. REQUEST FOR PLAT APPROVAL. On September 11, 2006, the City Council approved a preliminary plat for CRYSTAL BAYBusmE55 CENTER. Said preliminary plat approval was extended by the City Coucil on September 10, 2007. On September 11, 2006, the City Council granted Commercial Site Plan Approval including a Conditional Use Permit for alternative building material for the building proposed on Lot 1, Block 1, and a variance to allow for a narrower street right of way than required by City standards. The right of way for the new 132281 v11 -2- 121 street is to be 60 feet wide whereas the subdivision regulations require a 70 foot wide right of way. 2. CONDITIONS OF PLAT APPROVAL. The City approved the Plat in part on the condition the Developer enter into this Agreement, furnish the security required by it, and record the Plat with the County Recorder and Registrar of Titles within 180 days of this Agreement. 3. RIGHT TO PROCEED. Within the Plat, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, Public or Private Improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security as provided in this Agreement has been received by the City, and 3) the Plat and this Agreement have been submitted to the. Hennepin County Recorder's Office and Office of the Registrar of Titles. 4. DEVELOPMENT. The Development is to be constructed on a schedule as dictated by the issuance of building permits. Each Lot may be improved individually. New buildings are to be constructed on Lot 1, Block 1; Lot 1, Block 2; and Lot 2, Block 2. The existing building on Lot 3, Block 2, is to be renovated and the parking area reconstructed. The . City may refuse to grant building permits for any structure if the Developer has breached this Agreement and the breach has not been remedied. Developer shall submit a complete application for a building permit for construction of one of the buildings within one year of filing of the Plat or the Commercial Site Plan Approval for all of the Lots shall lapse. If the Commercial Site Plan Approval lapses, Developer shall be required to re -submit an application to the City for Commercial Site Plan review and approval•under then existing City standards and 132281 v11 -3 - iphoa the City may use the Letter of Credit to complete the Public Improvements required under this Agreement at Developer's expense. If a building permit is submitted as required above, the Commercial Site Plan Approval shall not lapse for any of the other Lots, except as provided in Section 5 herein. 5. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved Plat or each Commercial Site Plan unless required by state or federal law or agreed to in writing by the City and the Developer or its assigns. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. b. CONDITION FOR SUBSEQUENT APPROVALS. The entire Development has received Commercial Site Plan Approval. Therefore, additional City review prior to construction of future buildings or renovation of the existing building. on Lot 3, Block 2, will be limited to Building Permit Approval by City Staff. All structures shall be built consistent with the Commercial Site Plan Approval. 7. IMPROVEMENTS. A. PUBLIC IMPROVEMENTS: The Developer shall install and pay for the following Public Improvements: 1. Streets: a. Orono Industrial Boulevard b. Work in Old Crystal Bay Road 2. Sewer and Water systems to serve the property 132281 ail 123 3. Storm Sewer System to serve the property 4. Ditch Upgrade and Improvements along Highway 12 5. Public Trail along Wayzata Boulevard (Paid for by Developer as part of the park dedication) The Public Improvements shall be installed in accordance with the City Ordinances, City standard specifications for utilities and street construction, and NVINDOT specifications. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer or other appropriate professional to the City for approval by the City Engineer. The City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work for Public Improvements. The Developer, its contractors and subcontractors, shall follow all reasonable instructions received from the City's inspectors. The Developer shall provide for on -site project management for the Public improvements. The Developer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer shall schedule a pre -construction meeting at a mutually agreeable time with the City and all parties concerned, including the City staff, to review the program for the construction work. B. PRIVATE IMPROVEMENTS: The Developer shall install and pay for the following Private Improvements within the Plat as follows: 1. Sanitary Sewer Service 2. Water Service 3. Setting of Iron Monuments 4. Surveying and Staking 132281 v11 -5- 124 5. Relocation of Wayzata Boulevard Access and reconstruction of the paved areas on Lot 3, Block 2 The Private Improvements shall be installed in accordance with the City Ordinances; City standard specifications for utilities and street construction, and MNDOT specifications. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer or other appropriate professional to the City for approval by the City Engineer. The Private Improvements with respect to each Lot shall be installed in conjunction with the construction or remodeling of a building or buildings within each Lot. 8. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the conditions set forth in the Resolution approving the Plat and the following plans, all dated as of October 26, 2007 ("Plans") which are incorporated herein by reference. With the exception of Plans C3.0 and C5.0, the Plans may be finalized, subject to approval by the City Engineer, after the date of the Agreement, but before issuance of an individual building permit for any Lot. The Plans shall not be attached to this Agreement. If the Plans vary from the written terms of this Agreement, the written terms shall control. The Plans are: PLANS C 1.0 Title Sheet C2.0 ALTAIACSM Land Title Survey (As Prepared by Westwood Professional Services) C3.0 Final Plat C4.0 Existing Conditions and Removals Plan C5.0 Master Site Plan C6.0 Site Plan C7.0 Grading and Drainage Plan C8.0 Stormwater Pollution Prevention Plan (S WPPP) C8.1 S WPPP Notes and Details C9.0 Storm Sewer Plan C10.0 Utility Plan C11.0 Landscape Plan C 12.0 Landscape Details 132281 v11 M 125 C 13.0 Lighting Plan C14.0 Orono Industrial Blvd Plan and Profile C 15.0-C 15.1 Civil Details 9. DESIGN STANDARDS. A. The Developer received Conditional Use Permit approval for a portion of the property to be known as Lot 1, Block 1, Crystal Bay Business Center to allow the building on this lot to have 50% to 60% burnished block and 40% to 50% rock face block as alternative materials. B. The Developer received variance approval on September 11, 2006, for a narrower street right of way than required by City standards. The right of way for the new street is to be 60 feet wide whereas the subdivision regulations would require a 70 foot wide right of way. The street shall be named "Orono industrial Boulevard." Work to be performed on Orono Industrial Boulevard, Old Crystal Bay Road, and the ditch upgrade and improvements along Highway 12 shall be completed before a shell Certificate of Occupancy is issued for Lot 1, Block 1, or Lot 1, Block 2. Work to be performed on Old Crystal Bay Road and the ditch upgrade and improvements along Highway 12 shall be completed before a shell Certificate of Occupancy is issued for Lot 2, Block 2. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain any necessary permits, which may include: • Hennepin County for County Road Access and Work in County Rights -of - Way • MnDot for State Highway Access • Minnesota Department of Health for Watermains • NPDES Permit for Storrnwater Connections • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal • DNR for Dewatering • City of Orono for Building Permits • Minnehaha Creek Watershed District 132281 ill -7- 126 Developer shall obtain all necessary permits relating to the Public Improvements with the assistance and cooperation of the City. 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. 12. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter upon the areas of the Development Property reasonably necessary to perform all work and inspections deemed appropriate by the City in conjunction with Plat development and the installation of Public Improvements by the Developer. The City shall hold the Developer (and its successors and assigns) harmless from any cause of action or claims as a result of the negligence or willful misconduct of the City, its agents, employees, officers and contractors on entering the platted property and its performance of all of its work and inspections. 13. EROSION CONTROL. Prior to initiating site grading, the Storm Water Pollution Prevention Plan, Plan C8.1, shall be implemented by the Developer and inspected and approved by the City or Minnehaha Creek Watershed District ("MCWD"). The City or MCWD may impose additional erosion control requirements according to their standards. 14. GRADING PLAN. The Plat shall be graded in accordance with the approved Final Grading and Drainage Plan, Plan C7.0. 132281 vll `PM 15. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement and formal City acceptance, the Public Improvements lying within public easements or right of way shall become City property without further notice or action. 16. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Agreement, payment of the costs of all Public and Private Improvements, and construction of all Public Improvements, the Developer shall furnish the City with one (1) Letter of Credit, in the form attached hereto, from a bank ("security") totaling $488,727.11. The security amounts are to be calculated as follows: 1. Public Improvements* Due before Plat release a. Lot 1, Block 1 b. Lot 1, Block 2 c. Lot 2, Block 2 d. Lot 3, Block 2 e. Orono Industrial Boulevard f. Old Crystal Bay Road g. Ditch Upgrade and Improvements along Highway 12 $ 71,137.50 $ 29,877.50 $ 49,087.50 $ 14,242.5 0 $267,667.50 $ 12,964.61 $ 43,750.00 *Public Improvements include items such as paving/grading/landscaping within public rights -of -way, and improvements to sanitary sewer, watermain and storm sewer within public rights -of -way. In addition, the Developer shall deliver to the City separate letters of credit in the same form as provided above with respect to the following improvements, at the times specified below: 2. Private Improvements Lot 1, Block 1, Due before Building Permit release* $438,720.00 # 132281 vll 128 3. Private Improvements Lot 1, Block 2, Due before Building Permit release* 4. Private Improvements Lot 2, Block 2, Due before Building Permit release* 5. Private Improvements Lot 3, Block 2, Due before Building Permit release* * Release will be permitted on a Lot by Lot basis. $3353066.88 # $266,206.56 # $476,093.44 # # Amounts will be recalculated and adjusted at the time of Building Permit Approval based upon then existing anticipated costs. This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the reasonable approval of the City Administrator. The security must be in the form as provided for in the example Letter of Credit attached hereto and incorporated by reference. The City may draw down the security, with notice, for any violation of the terms of this Agreement, subject to the cure periods provided in this Agreement. If the required Public or Private Improvements are not completed and the City receives a notice of non - renewal of the letter of credit from the issuer thereof, the City may also draw it down and hold the funds as a cash escrow to secure compliance with the requirements by the Developer. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval, which shall not be unreasonably withheld, conditioned or delayed, the security may be reduced from time to time. For Public Improvements, ten percent (10%) of the amounts certified by the Developer shall be retained as security until all Public Improvements have been completed, all necessary utility easements have been provided, all financial obligations to the City satisfied, the required "as constructed" Plans have been received 132281 viI -10- 129 by the City, a warranty bond is provided, and the Public Improvements are accepted by the City Council. The City standard specifications for utilities construction outline procedures for security reductions as provided in Orono City Code Section 82-214. The warranty bond shall have a duration of twenty-four (24) months. 17. STORM WATER ' AND DRAINAGE TRUNK FEE. The Development is subject to a Storm Water and Drainage Trunk Fee in the amount of $128,100.00. The fee is based on the gross area of the final Plat less any area credit for pond area, and is calculated as follows: $7,320.00 per acre x 17.5 acres = $128,100.00 The total fee for the Development of $128,100.00 shall be paid by the Developer in cash upon the execution of this Agreement. In no event shall any additional fee for Storm Water and Drainage Trunk be payable by Developer or assessed against the Development Property as a result of the construction of the Public Improvements as defined herein. The Development Property shall not be subject to a special assessment in connection with the initial installation of the street labeled "Orono Industrial Boulevard" on the land to the east of the Development Property. 18. PARK DEDICATION FEE. Developer shall pay a Park Dedication Fee for Lot 1, Block 1, based upon 8% of the market value of the property calculated as follows: $750,000.00 x 8% = $601000.00 The Developer shall also pay a Park Dedication Fee for Lot 2, Block 2 calculated as follows: 3.01 acres x $13,875.001acre = $41,764.00 132281 v11 -13- 130 Payment shall be due to the City at the time of execution of this Agreement as its Park Dedication Fee for Lot 1, Block 1, and Lot 2, Block 2. No Park Dedication Fees are due for Lot 1 or Lot 3, Block 2, as those lots have previously been developed and appropriate fees paid. 19. SUMMARY OF FEES AND CASH REQUIREMENTS. The following is a summary of the fees and cash requirements under this Agreement which must be furnished to the City at the time indicated: FEE or CHARGE Storm Water and Drainage Trunk Fee Park Dedication SAC and WAC MCES charges Escrow for City Expenses/Engineering/Legal Total Cash Requirements before Plat release Date Payable Before Plat release Before Plat release With Building Permit With Building Permit Before Plat release $229,864.00 20. SPECIAL PROVISIONS. The following special provisions shall apply to the development of the platted property and the Public Improvements: A. Before the first new building is occupied, the drainage from the existing parking lot onto property in the Orono Industrial Park subdivision shall be redirected to remain within the Plat until it enters the public drainage system. B. The conditional use permit for outdoor storage (#01-2612 ) shall be revised to relocate the outdoor storage prior to construction of Orono Industrial Boulevard or issuance of a building permit for Lot 1, Block 1. C. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the subdivision via Old Crystal Bay Road or Wayzata Boulevard D. Construction hours are 7 AM to 10 PM Monday through Saturday. 132281 v11 WPM 131 E. The Developer will remove the portion of the existing building that is on Lot 1, Block 2, before August 31, 2010. F. Access shall be as follows: 1. No curb cut will be provided on Orono Industrial Boulevard for the loading dock for the existing building on Lot 3, Block 2. 2. Lot 1, Block 1, will have access off Orono Industrial Boulevard. 3. Lot 1, Block 2, will have access off Orono Industrial Boulevard and Old Crystal Bay Road. The Old Crystal Bay Road access will be a joint driveway with Lot 2 Block 2. 4. Lot 2, Block 2, will have access off Old Crystal Bay Road. This access will be a joint driveway with Lot 1, Block 2. 5. Lots 1 and 2, Block 2, will have shared access and cross easements to allow the properties use of the Wayzata Boulevard access on Lot 3, Block 2. Lot 2, Block 2 will have an easement to use Orono Industrial Boulevard. 6. Lot 3, Block 2, will have access off Wayzata Boulevard and Orono Industrial Boulevard. 7. Developer shall relocate the existing Wayzata Boulevard access to be as close to the east property line as feasible before Lot 3, Block 2, is sold or before September 11, 2011, whichever occurs first. G. The Developer and the owner of the property at 2687 Wayzata Boulevard may enter into an agreement for a joint access to Wayzata Boulevard, either through a joint driveway or through easements to a driveway entirely on one of the properties. The Developer may allow the property at 2687 Wayzata Boulevard access Old Crystal Bay Road or Orono Industrial Boulevard. H. An encroachment agreement shall be required to allow use of the right of way of Orono Industrial Boulevard for outdoor storage until the street is constructed. 132281 vll -13- 132 I. Developer shall grant the City an easement for a trail adjacent to Wayzata Boulevard in a location agreed upon between the parties. Developer shall supply the City with a cost estimate for the trail and shall install, at Developer's cost, an eight (8) foot wide bituminous trail within the easement built to City specifications. The trail shall be installed at a mutually agreeable time. Upon completion of the trail and the City's receipt of the trail easement documentation, the Developer shall be entitled to reimbursement in the amount of the trail construction costs as agreed upon between the parties prior to construction of the trail. J. Within one hundred twenty (120) days after the completion of the Public Improvements and before the remaining security is released, the Developer shall provide the City with permanent utility easements for any Public Improvement not within the platted easements. The permanent utiltity easements shall be in form acceptable to the City. 21. MISCELLANEOUS. A. The Developer shall indemnify and hold the City and its officers, employees, and agents harmless from claims made by it and third parties for damages sustained or costs incurred resulting from Plat approval and development, except for any costs or damages resulting from the negligence or willful. misconduct of the City, its officers, employees and agents. The City shall indemnify and hold the Developer and its officers, employees, and agents harmless from claims made by it and third parties for damages sustained or costs incurred resulting from Plat approval and development, except for any costs or damages resulting from the negligence or willful misconduct of the Developer, its officers, employees and agents. B. The Developer shall reimburse the City for costs incurred by the City in the enforcement of this Agreement against the Developer, including reasonable engineering and reasonable attorneys' fees. 132281 v11 -14- 133 C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt Plat development and construction on the platted property until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. D. In addition to the charges referred to herein, other charges may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. E. The Developer represents to the City that the Plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. F. Breach of the terms of this Agreement by the Developer after notice and reasonable opportunity to cure shall be grounds for denial of building permits and certificates of occupancy. G. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. H. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 132281 v11 -15- 134 I. This Agreement shall run with the land and shall be recorded against the title to the property provided, however, that all monetary obligations of the Developer hereunder shall be and remain the responsibility of the Developer unless expressly assumed in writing by any successor or assignee of the Developer. The Developer covenants with the City, its successors and assigns, that the Developer upon recording of the Plat is well seized in fee title of the property being final platted and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Upon request by Developer and the receipt of appropriate documentation, the City staff shall provide Developer with partial releases from this Agreement, Certificates of Completion, and Estoppel Certificates on a lot by lot basis. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, except as specifically limited in this Agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. The Developer may not assign this Agreement without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, subject to Certificates of Completion for individual Lots within the Plat. 132281 Ali -15- 135 L. Within ninety (90) days after the completion of the Public Improvements or Private Improvements and before the remaining security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans, an electronic file of the "as constructed" plans in an auto CAD.DWG file or a .DXF file, and two complete sets of blue line "as constructed" plans, all prepared in accordance with City standards. The terms of this paragraph shall apply to the Plans C9.0, C 10.0 and C 14.0 described in paragraph 8 of this Agreement. M. In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 22. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Ryan Companies US, Inc., Attention: Mark Nordland, 50 South Tenth Street, Suite 306, Minneapolis, Minnesota 55403-2012. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator at Orono City Hall, 2750 Kelly Parkway, Orono, Minnesota 55356, or mailed to the City by Certified mail in care of the City Administrator at the following address: PO Box 66, Crystal Bay, Minnesota 55323. .y'y�'�.g .���i.�*'i ~-��;F:wr'1��'; �'��•�f. war.,-g.?. 132291v11 CITY OF ORONO B Y: ZA."V-, 2 VA - LA) M or ANDMu. Y,.�- City Clerk - 17- 136 DEVELOPER: RYAN COMPANIES US, INC. Its STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this c)1 day of (� �n6A , 2007, by James M. White and by Linda S. Vee, the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. •��, RACHEL DODGEti -h.NOTARY PUBLIC - OTA My Commission Expires Jan. 31, F+� iY /�J1✓��lf�j��lltl✓�tr�ll�✓JJ� STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was 2007, by on its behalf. JUDY A. HERMANSON Notary ;lublic-Minnesota ,.,, My Commfss.rm ExpM Jan 31. 2MO DRAFTED BY: CAMPBELL, KNUTSON Professional Association: 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 (SMM) 1 0 o NOTARY PUBLIC acknowledged before me this s day of Kas n d the of Ryan Companies US, Inc., a Minnesota corporation, 1W 00-3WO 132281 Ott -18- 137 W F- Z w U EXHIBIT "A" i uou�mx3 { , I 1 I I' I I 1 I 1 I 1 I :,ry arr 40 --------t ----------------- I !Ir 11rM -------------- Ri=I f I 1 , I , , I UVATU10a TfIHJSRaHI OROHD a I 1•: , 1 J I � i I I 13 I I — ----------"--`---- �--- �I -------�--------- 1 1 ■, ' I 1 ., �I —�j N , ' r r- ' r I 1 , 1 t r-_--- _-__--� I � I i + I It r I I;it �-�— L----------------.-•—_---------i 1 J I o"ve — — — — — — — — — — — — — — — — — — — — — — — — — — — — - OI � 132281 vll -19- 138 C IRREVOCABLE LETTER OF CREDIT TO: City of Orono (Mailing Address) P.O. Box 66 Crystal Bay, Minnesota 55323 To Whom It May Concern: City of Orono (Delivery Address) 2750 Kelley Parkway Long Lake, Minnesota 55356 . No.: XXXXX Date: , 2007 We hereby issue, for the account of Ryan Companies U.S., Inc. and in your favor, our Irrevocable Letter of Credit in the amount of $488,727.11 ("Credit"), available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. XXXXXXX, dated of , b) Be signed by the Mayor or City Administrator of the City of Orono:; c} Be presented for payment at , at or before 4:00 p.m. on date hereof}, or successive dates thereto as provided herein; ("Bank") (the date one year after the d) Be accompanied by a statement signed by the City of Orono certifying that a default has occurred pursuant to the terms of the Crystal Bay Business Center Development Agreement. This Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual expiry date (which shall be of each year), the Bank delivers written notice to the Orono City Administrator that it intends to not renew this Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual expiry date addressed as follows: Orono City Planner, P.Q. Box 66, Crystal Bay, MN 55323, and is actually received by the City Administrator at least thirty (30) days prior to the expiry date. This Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Credit is not assignable. More than one draw may be made under this Credit provided that the sum of all draws does not exceed the amount set forth above. Furthermore, the principal amount of this Credit may from time to time be reduced to such amounts as may be approved in writing by the City of Orono pursuant to the written recommendation of its representatives. This Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500, 1993 revision. We hereby agree that a draft drawn under and in compliance with this Credit shall be duly honored upon presentation. Very truly yours, By: Name: Its: 132281 00 By: _ Name: Its: -20- 139 Doc No A9732423 Certified, filed and/or recorded on 12/30/11 4:09 PM Office of the County Recorder Henn6pin County, Minnesota Martin McCormick, Acting County Recorder, Mark V. Chapin, County Auditor and Treasurer Deputy 55 Pkg ID 760809 Doc Name: Amendment Document Recording Fee $4E.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. 140 • #fl f y•}. w �..y . s 1 Doc No T4914548 Certified, fled and/or recorded on 12/30/11 4:09 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 55 Pkg ID 760803 Doc Name: Amendment Document Recording Fee $46.00 Document Total Existing Certs 1216826 CIC • - fL _�� yT. $46.00 New Certs STATE OF l , ''JNESOTA, COUNTY OF HENNEPIN Certified to be a true and correct copy of the original on file and of record in my office This cover sheet is now a permanent part of the recorded document. 141 Ar S y� a� E I� c3 t (reserved.far recording informalion) 1 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT CR YSTAL BA Y B USINESS CENTER AGREEMENT ("Agreement") dated September 26, 2011, by and between the CITY, OF ORONO, a Minnesota municipal corporation ("City"); and RYAN COMPANIES US, INC., a Minnesota Corporation (the "Developer"). I. DEVELOPMENT AGREEMENT. The City and the Developer entered into a Development Agreement for CRYSTAL BAY BUSINESS CENPum dated December 5, 2007, recorded December 27, 2007, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document Nos. 9079458 and 4457476 ("Development Agreement"). 2. REQUESTED. AMENDMENT. The Developer has requested an amendment to the Development Agreement to extend the date for removal of the existing metal building that is on Lot 1, Block 2. " The date for removal under the First Amendment to the Development Agreement is December 31, 2016. 159882 Guaranty Title, Inc. Box 163 142 3. CITY APPROVAL. The Orono City Council has granted approval for such Second Amendment after meeting with the Applicant at a regularly scheduled meeting on September 12, 2011. to read: 0 4. AMENDMENT. Subparagraph 20E of the Development Agreement is amended E. The Developer will remove the portion of. the existing building that is on Lot 1, Block 2 promptly after Orono Industrial Boulevard is built, but no later than August 31, 2020. In addition, in the event the building becomes vacant or unoccupied for a period of twenty-four (24) consecutive months, the Developer shall remove the building by July 1st of the following year. IN WITNESS WHEREOF, the Second Amendment to Development Agreement was executed by the parties the day and year first above written. (SEAL) CITY OF ORONO BY. �. Lill Tod McMillan, Mayor AND Linda S. Vee, City Ulerx 5 159882 2 143 STATE OF MINNESOTA_ } (ss. COUNTY OF HENNEPIN } A The foregoing instrument was acknowledged before 2011, by Lili Tod McMillan and by Linda S. of the ity of Orono, a Minnesota municipal corporation, on pursuant to the authority granted by its City Council. �- MONICA A. FADNESS ea-) (VOTARY PUBLIC - MINNESOTA NOTARY PUBLIC My Commission Expires Jan. 31, 2012 DEVELOPER: RYAN COMPANI IIva STATE OF MINNESOTA } ( ss COUNTY OF HENNEPIN } me this o day of Vee, the Mayor and City Clerk behalf of the corporation and S US, INC. r The foregoing instrument was acknowledged , before 11u- -thus day of 2011, bybaMii JCL the of R an Companies US, Inc., sota corporation, on its behalf: .� MQNICA A. FADNESS NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2012 DRAFTED BY: CAMPBELL, KNUTSON Professional Associatiou 317 Eagandale Office Center 1380 Corporate Center CUrve Eagan, Millijesota 55121 Telephone: (651) 452-5000 (SMMlsrn) 3 159882 144 M Doc No A10073102 Certified, filed and/or recorded on Apr 24, 2014 12:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 13 Pkg 1D 1104060D Doc Name: Amendment Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. 145 Doc No T05161145 Certified, filed and/or recorded on Mar 28, 2014 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 13 Pkg ID 1095969M Doc Name: Amendment Document Recording Fee $46.00 Multiple Certificates Affected $40.00 Fee Document Totai Existing Certs New Certs 1348653 1348700 1351279 This cover sheet is now a permanent part of the recorded document. 146 (reserved for recording information) AMENDMENT DEVELOPMENT AGREEMENT CR YSTAL BAY BUSINESS CENTER AGREEMENT ("Agreement") dated March 6, 2014, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and Pine Corner Properties, LLC, a Minnesota Limited Liability Company (the "Developer"). 1. DEVELOPMENT AGREEMENT. The City and Ryan Companies US, INc., a Minnesota corporation (predecessor to Developer) entered into a Development Agreement for CRYSTAL BAY BUSINESS CENTER dated December 5, 2007, recorded December 27, 2007, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. 4457476 and with the Office of the Hennepin County Recorder as Document No. 9079458; as amended by a Second Amendment to Development Agreement dated September 26, 2011, recorded December 30, 2011, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T4914548 and with the Office of the Hennepin County Recorder as Document No. T9732423 (as amended, "Development Agreement"). 167790 147 Lb 2. REQUESTED AMENDMENT. The Developer has requested an amendment to the Development Agreement to eliminate the requirement to remove the existing metal building that is on Lot 1, Block 2. 3. CITY APPROVAL. The Orono City Council has granted approval for such Amendment after meeting with the Applicant at a regularly scheduled meeting on November 26, 2012. 4. AMENDMENT. Subparagraph 20E of the Development Agreement is hereby amended to read: E. The existing metal building that is located on Lot 1, Block 2 may remain on the site and be remodeled/renovated consistent with all applicable local and state regulations. IN WITNESS WHEREOF, the Amendment to Development Agreement was executed by the parties the day and year first above written. CITY OF ORONO By: . 47 Lili Tod McMillan, Mayor (SEAL) AND _ Rachel Dodge, City Clerk STATE OF MINNESOTA j (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 201_�, by Lili Tod McMillan and by Rachel Dodge, the Mayor and City Clerk of the Oty of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. "'� MONICAA. FADNESS ~_ -i� NOTARY PUBLIC - MINNESOTA All,-`; s�Vf COn- mission Expires Jan, 31, 2017 Notary Public 16779G 2 148 DEY`EUL/OCd STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this &-t-� day of r{,f� 20 1 R- , by Andrty -r 666-1 the Pre.5ic(th�,— of Corn" Arvpwec�� , a Minnesota I-L& , on its behalf. Donna J. Foss --,- M _ _--!- Notary Public Notary Public Minnesota CommiWonEoeiJanoy31,20151 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 (SMMljmo) 3 167790 149 11111111111111111111111111 Doc No T05201445 Certified, filed and/or recorded on Sep 22, 2014 3:04 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 1155125E Doc Name: Amendment Document Recording Fee $46.00 Multiple Certificates Affected $40.00 Fee Document Total $86.00 Existing Certs New Certs 1348653 1348700 1351279 This cover sheet is now a permanent part of the recorded document. 150 (Reserved for recording) FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT CRYSTAL BAYBUSINESS CENTER (INCLUDING PROPERTY WITHIN CRYSTAL BAY B USINESS CENTER 2" ADDITION THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") dated September 9 , 2014, is by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), RYAN COMPANIES US, INC., a Minnesota corporation ("Developer") and PINE CORNER PROPERTIES, LLC a Minnesota limited liability company ("Pine Corner") and ORONO MINI STORAGE, LLC, a Minnesota limited liability company ("Orono Mini Storage"). RECITALS A. The City and Developer entered into a Development Agreement for platting and development of Crystal Bay Business Center dated December 5, 2007, filed December 27, 2007, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. 4457476 and recorded December 27, 2007 with the Office of the County Recorder for Hennepin County, Minnesota as Document No. 9079458, as amended by a Second Amendment to Development Agreement dated September 26, 2011, filed December 30, 2011, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T4914548 and recorded December 30, 2011 with the Office of the County Recorder for Hennepin County, Minnesota as Document No. A9732423, and as amended by an Amendment to Development Agreement dated March 6, 2014, filed March 28, 2014 with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T05161145 and recorded April 24, 2014 with the Office of the County Recorder for Hennepin County, Minnesota, as Document No. A 10073102 (collectively, as amended, "Development Agreement"); 1738649 151 B. A First Amendment to Development Agreement was never fully executed or recorded; C. Lots 1 and 2, Block 1, Crystal Bay Business Center, Hennepin County, Minnesota were subsequently replatted as Lots 1 and 2, Block 1, Crystal Bay Business Center 2nd Addition, Hennepin County, Minnesota; D. On December 221, 2011, Developer conveyed to Pine Corner, Lot 2, Block 1, Crystal Bay Business Center 2nd Addition, Hennepin County, Minnesota, according to the recorded plat thereof, pursuant to a Limited Warranty Deed recorded December 30, 2011 with the Office of the Registrar of Titles for Hennepin County, Minnesota, as Document No. T4914554; E. On May 30, 2012, Developer conveyed to Pine Corner, Lot 1, Block 1, Crystal Bay Business Center 2'd Addition, Hennepin County, Minnesota, according to the recorded plat thereof, pursuant to a Limited Warranty Deed recorded June 5, 2012 with the Office of the Registrar of Titles for Hennepin County, Minnesota, as Document No. T4960953 and recorded June 5, 2012 with the Office of the County Recorder for Hennepin County, Minnesota, as Document No. A9797647; F. On March 29, 2012, Developer conveyed to Orono Mini Storage a portion of the property within the development legally described as Lot 3, Block 2, Crystal Bay Business Center, according to the recorded plat thereof, Hennepin County, Minnesota, pursuant to a Limited Warranty Deed recorded April 2, 2012 with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T4941005; G. The Developer, Pine Corner and Orono Mini Storage have requested that the City undertake the construction, installation and maintenance of a public trail proposed under the terms of the Development Agreement and the City is willing to assume the obligation. Pine Corner and Orono Mini Storage shall provide to the City a 10 foot trail easement pursuant to the terms of this Contract and the approved Easements; H. Pine Corner has agreed to share in certain costs of the construction of Orono Industrial Boulevard abutting Lot 1, Block 1 Crystal Bay Business Center 2nd Addition, Lot 1, Block Crystal Bay Business Center and Lot 3, Block 2 Crystal Bay Business Center, and to provide a portion of the security therefor required by the City. NOW, THEREFORE, in consideration of the covenants and undertakings contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. AMENDMENT OF PARAGRAPH 7A OF THE DEVELOPMENT AGREEMENT. Paragraph 7A of the Development Agreement is hereby amended to provide that Developer and Pine Corner shall be responsible for installation and payment of all costs for Orono Industrial Boulevard based on the following pro -rations: (i) Developer at 75% and (ii) Pine Corner at 25%. Orono Mini Storage shall not be responsible for costs associated with the 2 173864v9 152 initial installation and construction of Orono Industrial Boulevard. 2. AMENDMENT OF PARAGRAPH 16 OF THE DEVELOPMENT AGREEMENT. Paragraph 16 of the Development Agreement is deleted in its entirety and restated to read as follows: 16. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Development Agreement, payment of the costs of all Public Improvements and construction of all remaining Public Improvements, the Developer and Pine Corner shall each furnish the City with a Letter of Credit, in substantially the form attached hereto, from a bank ("security"). The Letter of Credit required for each entity shall be based on updated costs of Public Improvements from the original Development Agreement with contingency amounts and the appropriate pro rata shares for the cost of Orono Industrial Boulevard pursuant to Paragraph 1 as follows: Public Improvements Lot 1, Block 1 Lot 1, Bock 2 Orono Industrial Boulevard (75% Developer and 25% Pine Corner) TOTAL COST SECURITY AMOUNT (x125%) $ Developer Pine Corner $ 73,137.50 $ 401-870.00 $247 051.88 $ 82,350.63 $320,189.38 $123,220.63 $4009346.73 $1549025.79 The construction of Orono Industrial Boulevard shall be constructed in a manner consistent with applicable law. The Letters of Credit for Developer and Pine Corner currently held by the City shall be replaced with new Letters of Credit in the amounts provided this Paragraph. The breakdown provided above is for historical reference; it is not a restriction on the use of the security. The bank and the form of security shall be subject to the approval of the City Administrator. In the event Developer or Pine Corner default under their respective obligations under the Development Agreement, as hereby amended, the City may draw down the security, after notice, for any violation of the terms of the Development Agreement, subject to the cure periods provided in this Development Agreement. If the required Public Improvements are not completed at least thirty (30) days prior to the expiration of the security, or the City receives a notice of non -renewal of a letter of credit from the issuer thereof, the City may also draw it down and hold the funds as a cash escrow to secure compliance by the Developer or Pine Corner. With City approval, which shall not be unreasonably withheld, conditioned or delayed, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements t] 173864v9 153 have been completed, (2) all financial obligations to the City satisfied, (3) the required "record" plans have been received by the City, and (4) a warranty security is provided, an (5) the public improvements are accepted by the City. The warranty bond shall have a duration of twenty-four (24) months. 3. AMENDMENT OF PARAGRAPH 20(I) OF THE DEVELOPMENT AGREEMENT. Paragraph 20(I) of the Development Agreement is deleted in its entirety and restated to read as follows: I. Contemporaneously with this Amendment, Pine Corner and Orono Mini Storage shall execute the Permanent Easement Agreements attached hereto as Exhibits A and B granting the City a 10 foot wide public trail easement along Wayzata Boulevard. The City, at its sole cost and expense, will construct, install, and maintain a bituminous trail within the easements located on the Pine Corner and Orono Mini Storage properties, built to City specifications at a time determined by the City. The City shall indemnify and hold Pine Corner and Orono Mini Storage hamrless from any and all liability of whatever nature, arising from the maintenance and use of such trail, excluding willful or negligent actions by Pine Corner or Orono Mini Storage, their officers, employees, agents, invitees and assigns. 4. REPRESENTATIONS OF DEVELOPER. Developer hereby represents and warrants that (a) the Development Agreement is in full force and effect, (b) there are no known defaults by the Developer or the City under the Development Agreement, (c) Developer has performed all of its obligations, has provided all letters of credit, cash deposits, surety bonds and other security required by the Development Agreement, and has paid all sums due under the Development Agreement which are required to be performed or paid as of the date hereof, and (d) Developer has obtained all consents and approvals of the City under the Development Agreement, required prior to the date hereof. 5. INCORPORATION OF RECITALS. The above Recitals are hereby incorporated as a material part of this Amendment with the same force and effect as if restated in full in this Paragraph. 6. RATIFICATION. Except as provided herein, all terms and provisions of the Development Agreement, as amended, shall remain in full force and effect. 7. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original and together which shall constitute on and the same Amendment. [Remainder of Page Intentionally Left Blank.] [Signature Pages Follow.] 0 173864v9 154 IN WITNESS WHEREOF, this Fourth Amendment to Development Agreement was executed by the parties the day and year first above written. 9 STATE OF MINNESOTA COUNTY OF HENNEPIN )ss. CITY: CITY OF ORONO By: Lili Tod McMillan, Mayor And Rachel Dodge, City Clerk The foregoing instrument was acknowledged before me this _9_!�day of 20 ) 4 , by Lill Tod McMillan and by Rachel Dodge, the Mayor and City Clerk o the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. MONICA A. FADNESS NOTARY PUBLIC = MINNESOTA W Commission Expires Jan. 31, 2017 1739649 Notary Public 5 155 DEVELOPER: RYAN COMPANIES By: Name: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowl e n d 20 j q, by s of Ryampanies US, Inc., a Mi esota corpora on, on Notary aQ'SnE.ap,�r JUDY A. HERMANSON Notary Public-Minnesota My Commission Expires Jan 31, 2015 ,i INC. before me this 1 day of , the 2� A -,half of the corporation. 173864v9 156 PINE CORNER: PINE CORNER PROPERTIES, LLC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this J 'A day of u-I - , 201 i, by ArJrla, �. T -44W , the G LLQ r �,r. td r -Pi e6'I deg. of PineC orner Properties, LLC, a Minnesota limited liability company, on its behalf. Notary Public Donna J. Foss fps Notary Public -- Minnesota My Commission Expires January 31, 2015 7 157 ORONO MINI STORAGE LLC By: Michael J. eeland, Its Manager STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN } nth The foregoing instrument was acknowledged before me this b day of 4k4 _, 20A, by Michael J. Seeland, the Manager of Orono Mini Storage LLC, a Minne4 limited liability company, on behalf of tf company. A ROBERTA A. LOHER :. Notary Public -Minnesota My Commission Expires Jan 31, 2015 DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 [SMM/AMP] No6ty Public E 173864v9 158 EXHIBIT A TO FOURTH AMENDMENT (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR PUBLIC TRAIL PURPOSES PINE CORNER PROPERTIES, LLC, a Minnesota limited liability company, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF ORONO, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public trail purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit "B". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public trail system over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, excavate and pave the easement premises, and the 173864v9 159 further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public trail systems. In addition, the City agrees to the following: 1. The City shall defend, indemnify and hold harmless Grantor, its directors, officer, employees and agents from and against any and all claims, demands, judgment, lawsuits, costs and expenses arising from or growing out of the entry upon, construction, use or occupancy of the property subject to the Easement, excluding intentional or negligent acts by Grantor, its officers, employees, agents invitees and assigns; and 2. The City will be responsible for construction, replacement, maintenance and upkeep of the public trail it places in or upon the easement premises. The City will install landscaping within the easement premises consistent with the approved plans and specifications for the public trail. The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this day of , 2014 GRANTOR: PINE CORNER PROPERTIES, LLC MD 10 Its 1738649 160 STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014, by the of Pine Corner Properties, LLC, a Minnesota limited liability company, on behalf of the company, the Grantor. Notary Public 11 173864v9 161 GRANTEE: CITY OF ORONO 0 e STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Lili Tod McMillan, Mayor Rachel Dodge, City Clerk The foregoing instrument was acknowledged before me this day of , 20 , by Lili Tod McMillan and by Rachel Dodge, the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 13 80 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/jmo 12 173864v9 162 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT A permanent easement for public trail purposes over, under, on and across the northerly ten (10') feet of the following described property: Lot 2, Block 1, Crystal Bay Business Center 2r'd Addition, except that part embraced within Lot 4, Block 1, Van Dale Addition, Hennepin County, Minnesota. [Abstract Property] Lot 2, Block 1, Crystal Bay Business Center 2nd Dale Addition, Hennepin County, Minnesota. [Torrens Property] Addition, embraced within Lot 41 Block 1, Van 13 173864v9 163 EXHIBIT `B" to GRANT OF PERMANENT EASEMENT ATTACH EASEMENT SKETCH HERE 14 173864v9 164 MORTGAGE HOLDER CONSENT TO EASEMENT BREMER BANK, N.A., a national banking association, which holds two mortgages on all or part of the property more particularly described in the foregoing Grant of Permanent Easement for Public Trail Purposes, which first mortgage was dated December 30, 2011 and recorded December 30, 2011 as Document No. A9732430 with the office of the County Recorder for Hennepin County, Minnesota, and as Document No. T4914555 with the office of the Registrar of Titles for Hennepin County, Minnesota, and which second mortgage was dated December 30, 2011 and recorded December 30, 2011 as Document No. A9732431 with the office of the County Recorder for Hennepin County, Minnesota, and as Document No. T4914556 with the office of the Registrar of Titles for Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the above referenced Grant of Permanent Easement. STATE OF MINNESOTA ) ss. COUNTY OF Bremer Bank, N.A. am Chris Bohl, Its Senior Vice President The foregoing instrument was acknowledged before me this day of , 20 by Chris Bohl, the Senior Vice -President of Bremer Bank, N.A., a national banking association, on its behalf. Notary Public DRAFTED BY: CAMPBELL KNUTsoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/jmo 15 1738649 165 MORTGAGE HOLDER CONSENT TO EASEMENT UNITED STATES SMALL BUSINESS ADMINISTRATION, an Agency created by an Act of Congress (Small Business Act, as amended) which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement for Public Trail Purposes, which mortgage was originally in favor of SPEDCO dated September 5, 2012 and recorded October 3, 2012 as Document No. A9853279 with the office of the County Recorder for Hennepin County, Minnesota, and recorded October 24, 2012 as Document No. T5010745 with the office of the Registrar of Titles for Hennepin County, Minnesota. Said mortgage was assigned to the United States Small Business Administration pursuant to an Assignment dated September 5, 2012 and recorded October 3, 2012 as Document No. A9853280 with the office of the County Recorder for Hennepin County, Minnesota, and recorded October 241, 2012 as Document No. T5010747 with the office of the Registrar of Titles for Hennepin County, Minnesota. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, United States Small Business Administration does hereby join in, consents, and is subject to the above referenced Grant of Permanent Easement. STATE OF ) ss. COUNTY OF United States Small Business Administration Its The foregoing instrument was acknowledged before me this 20 by of United States Small Business Administration, created by an Act of Congress (Small Business Act, as amended), on its behalf. Notary Public DRAFTED BY: CAMPBELL KNuTsoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/jmo 16 day of the an Agency 173864v9 166 EXHIBIT B TO FOURTH AMENDMENT (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR PUBLIC TRAIL PURPOSES ORONO MINI STORAGE LLC, a Minnesota limited liability company, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF ORONO, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public trail purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit "B". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public trail system over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, excavate and pave the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the 17 173864v9 167 location, construction, and maintenance of said public trail systems. In addition, the City agrees to the following: I. The City shall defend, indemnify and hold harmless Grantor, its directors, officer, employees and agents from and against any and all claims, demands, judgment, lawsuits, costs and expenses arising from or growing out of the entry upon, construction, use or occupancy of the property subject to the Easement, excluding intentional or negligent acts by Grantor, its officers, employees, agents invitees and assigns; and 2. The City will be responsible for construction, replacement, maintenance and upkeep of the public trail it places in or upon the easement premises. The City will install landscaping within the easement premises consistent with the approved plans and specifications for the public trail. The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this day of 92014 GRANTOR: ORONO MINI STORAGE LLC LE Michael J. Seeland, Its Manager 1738649 168 STATE OF MINNESOTA (ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2014, by Michael J. Seeland, the Manager of Orono Mini Storage LLC, a Minnesota limited liability company, on behalf of the company, the Grantor. Notary Public 19 173864v9 169 GRANTEE: CITY OF ORONO Io STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Lili Tod McMillan, Mayor Rachel Dodge, City Clerk The foregoing instrument was acknowledged before me this day of , 20 , by Lili Tod McMillan and by Rachel Dodge, the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public DRAFTED BY: CAWBELL KNUTSON, P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 WE 173864v9 170 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT A permanent easement for public trail purposes over, under, on and across the northerly ten (10') feet of the following described property: Lot 3, Block 2, Crystal Bay Business Center, Hennepin County, Minnesota, described as that part of the East 128 feet thereof which lies Northerly and Easterly of the following described line: Beginning at the Southeast corner of the West Half of the Southwest Quarter of the Northeast Quarter of Section 33, Township 118, Range 23; thence North along the East line thereof 1074.9 feet, which is the point of beginning of the line to be described; thence deflecting to the left 89 degrees 20 minutes to an intersection with the West line of the East 128 feet of said West Half of the Southwest Quarter of the Northeast Quarter; thence North along said West line to the North line of said West Half of the Southwest Quarter of the Northeast Quarter and said line there terminating. [Abstract Property] Lot 3, Block 2, except that part of the East 128 feet thereof which lies Northerly and Easterly of the following described line: Beginning at the Southeast corner of the West Half of the Southwest Quarter of the Northeast Quarter of Section 33, Township 118, Range 23; thence North along the East line thereof 1074.9 feet, which is the point of beginning of the line to be described; thence deflecting to the left 89 degrees 20 minutes to an intersection with the West line of the East 128 feet of said West Half of the Southwest Quarter of the Northeast Quarter; thence North along said West line to the North line of said West Half of the Southwest Quarter of the Northeast Quarter and said line there terminating, all in Crystal Bay Business Center, Hennepin County, Minnesota. [Torrens Property] 21 173864v9 171 EXHIBIT "B" to GRANT OF PERMANENT EASEMENT ATTACH EASEMENT SKETCH HERE 22 173864v9 172 MORTGAGE HOLDER CONSENT TO EASEMENT BMO HARRIS BANK, N.A., a national banking association, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement for Public Trail Purposes, which mortgage was dated August 7, 2012 and recorded August 9, 2012 as Document No. A9824858 with the office of the County Recorder for Hennepin County, Minnesota, and as Document No. T4981902 with the office of the Registrar of Titles for Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the above referenced Grant of Permanent Easement. BMO Harris Bank, N.A. 0 STATE OF COUNTY OF Its The foregoing instrument was acknowledged before me this 20 by the Bank, N.A., a national banking association, on its behalf. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/jmo 23 day of of BMO Harris 173864v9 173 MORTGAGE HOLDER CONSENT TO FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BMO HARRIS BANK, N.A., a national banking association, which holds a mortgage on all or part of the property more particularly described in the foregoing Fourth Amendment to Development Agreement, which mortgage was dated August 7, 2012 and recorded August 9, 2012 as Document No. A9824858 with the office of the County Recorder for Hennepin County, Minnesota, and as Document No. T4981902 with the office of the Registrar of Titles for Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the above referenced Fourth Amendment to Development Agreement. STATE OF ) ss. COUNTY OF BMO Harris Bank, N.A. By: Its The foregoing instrument was acknowledged before me this 20 by the Bank, N.A., a national banking association, on its behalf. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/jmo 24 day of , of BMO Harris 173864v9 174 MORTGAGE HOLDER CONSENT TO FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BREMER BANK, N.A., a national banking association, which holds two mortgages on all or part of the property more particularly described in the foregoing Fourth Amendment to Development Agreement, which first mortgage was dated December 30, 2011 and recorded December 30, 2011 as Document No. A9732430 with the office of the County Recorder for Hennepin County, Minnesota, and as Document No. T4914555 with the office of the Registrar. of Titles for Hennepin County, Minnesota, and which second mortgage was dated December 30, 2011 and recorded December 30, 2011 as Document No. A9732431 with the office of the County Recorder for Hennepin County, Minnesota, and as Document No. T4914556 with the office of the Registrar of Titles for Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the above referenced Fourth Amendment to Development Agreement. Bremer Bank .A. By: Chris Bohl, Its S STATE OF MINNESOTA ) ) ss. COUNTY OF r Vice President The foregoing instrument was acknowledged before me this b day of V'tA- , 20 ik by Chris Bohl, the Senior Vice -President of Bremer Bank, N.A., a nationaY banking association, on its behalf. , r � !r r is �.�.r✓�.irrrri.�.rr�rs✓�.J l DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/jrno 25 173864v9 175 MORTGAGE HOLDER CONSENT TO FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT UNITED STATES SMALL BUSINESS ADMINISTRATION, an Agency created by an Act of Congress (Small Business Act, as amended) which holds a mortgage on all or part of the property more particularly described in the foregoing Fourth Amendment to Development Agreement, which mortgage was originally in favor of SPEDCO dated September 5, 2012 and recorded October 3, 2012 as Document No. A9853279 with the office of the County Recorder for Hennepin County, Minnesota, and recorded October 24, 2012 as Document No. T5010745 with the office of the Registrar of Titles for Hennepin County, Minnesota. Said mortgage was assigned to the United States Small Business Administration pursuant to an Assignment dated September 5, 2012 and recorded October 3, 2012 as Document No. A9853280 with the office of the County Recorder for Hennepin County, Minnesota, and recorded October 24, 2012 as Document No. T5010747 with the office of the Registrar of Titles for Hennepin County, Minnesota. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, United States Small Business Administration does hereby join in, consents, and is subject to the above referenced Fourth Amendment to Development Agreement. STATE OF COUNTY OF The foregoing trument was 20 by of United created by an Act of Congress (Small DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/jmo United States Small Business Administration By: - Raymond A. Winn MLO Its -r s acknowledged efore me thi day of Raymond A. KulinQ the States Small Business Administration, an Agency 3s-Act, as amended), on its behalf. Notary Public 26 173864v9 176 State of California County of Fresno ) On AUG 2 0 2014 before me, � � EaC, a Notary Public, personally appeared Raymond A. Mina who proved to me on the basis of satisfactory evidence to be the personN whose name N is/ate subscribed to the within instrument and acknowledged to me that he/s4e44ey executed the same in his/l t + authorized capacity(i�), and that by his/h�e-i-r signature( on the instrument, the person('), or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SANDRA WINTERS a, Commission # 1930169 Z a..»; Notary Public - California z Z : Z �� . Fresno County My Comm. Expires Apr 22, 2015 % �i�._% "0'-9 177 I MORTGAGE HOLDER CONSENT TO FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT LAKE COMMUNITY BANK, a Minnesota Bank/Insurance corporation, which holds a mortgage on all or part of the property more particularly described in the foregoing Fourth Amendment to Development Agreement, which mortgage was dated May 30, 2012 and recorded June 5, 2012 as Document No. T4960954 with the office of the Registrar of Titles for Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the above referenced Fourth Amendment to Development Agreement. LAKE COMMUNITY BANK Its S-,'-- s STATE OF ) ss. COUNTY O l .,,,,, ) The foregoing instrument was acknowledged before me this) 7 711,4,1461-L aof S 20H by _. � � the 2. 4fC! ake, Community Bank, a Minnesota Bank/Insurance corporation, on its behalf. Notary Publi DRAFTED BY: CAMPBELL KNuTsoN Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/jmo WENDY LOU BYERS Notary Public M+nnesots fan fix ' J 31 2019 27 1738649 178 1111111111111111111111111 Doc, No Al 0562736 Certified, filed and/or recorded on Jun 13, 2018 12:58 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 136 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. P kg ID 1699480 E $46.00 $46.00 179 Existing Certs 1431449 1111111111111111111111111111 Doc No T05536679 Certified, filed and/or recorded on Jun 8, 2018 1:42 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 137 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. P kg ID 1697755 E $46.00 $46.00 180 ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT (this "Assignment") is entered into this day of September, 2016, by Ryan Companies US, Inc., as assignor ("Assignor") and Crystal Cliff, LLC as assignee ("Assignee"). RECITALS WHEREAS, Assignor is a party to that certain Development Agreement, for platting and development of Crystal Bay Business Center dated December 5, 2007, filed December 27, 2007, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. 4457476 and recorded December 27, 2007 with the Office of the County Recorder for Hennepin County, Minnesota as Document No. 9079458, as amended by a Second Amendment to Development Agreement dated September 26, 2011, filed December 30, 2011, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T4914548 and recorded December 30, 2011 with the Office of the County Recorder for Hennepin County, Minnesota as Document No. A9732423, and as amended by an Amendment to Development Agreement dated March 6, 2014, filed March 28, 2014 with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T05161145 and recorded April 24, 2014 with the Office of the County Recorder for Hennepin County, Minnesota, as Document No. A10073102 (collectively, as amended, "Development Agreement"); WHEREAS, pursuant to the Development Agreement, Assignor agreed to construct certain improvements on property located in the City of Orono, County of Hennepin, State of Minnesota (as more particularly described in the Development Agreement, the "Project Area"), WHEREAS, Assignor now wishes to assign to Assignee, and Assignee wishes to assume from Assignor, all of Assignor's rights and obligations under the Development Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 181 Assignment and Assumption. Assignor hereby assigns to Assignee, and Assignee hereby assumes from Assignor, all rights and obligations of the Developer, as such term is defined and used in the Development Agreement, including, without limitation, the obligation to post security for the benefit of the City of Orono. 2. Representations; Indemnification. Assignor represents that there is currently no default under the Development Agreement by any party thereto, and agrees to indemnify and hold harmless Assignee from any claims or causes of action arising prior to the date hereof or out of work done by or at the direction of Assignor prior to the date hereof. Assignee likewise agrees to indemnify and hold Assignor harmless from any claims or causes of action arising under the Development Agreement on and after the date hereof, except for any claims or causes of action arising out of work done by or at the direction of Assignor prior to the date hereof. 3. Counterparts. This instrument may be executed in any number of counterparts, which, when taken together, constitute a complete and original instrument. IN WITNESS WfIEREOF, the parties hereto have caused this Assignment to be executed as of the day and year first above written. RYAN COMPANIES U By: Timothy M.'G Its: Vice President STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN This instrument was executed before me this Lday of Septum er, 2016, by Timothy M. Gray, Vice President of Ryan Companies US, Inc., a Minnesota corporati n, ehalf of corporation/ Notary Public . 9 notary Public -Minnesota �MY Commission Expires Jan 31, 2020 182 CRYS7iLIFF, LLC, a nesota Limited Liability company By: Its:- STATE OF MINNESOTA ss COUNTY OF This instrument was executed before me this C day of September, 2016, by t�, the of Crystal Cliff, LLC, a Minnesota limited liability company, on behalf of the company M , CHRISTOPHER J, PiERSON NOTARY PUBLIC • MINNESOTA My Commission Expires January 31, 2020 x THIS INSTRUMENT WAS DRAFTED BY Notary $ub is AND UPON RECORDING SHALL BE RETURNED TO: Ryan Companies US, Inc. (AEW) 50 South Tenth Street Suite 300 Minneapolis, MN 55403 183 Existing Certs 1431449 1111111111111111111111111111 Doc No T05539998 Certified, filed and/or recorded on Jun 21, 2018 9:05 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 136 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. P kg ID 1702672 E $46.00 $46.00 184 ASSUMPTION AND INDEMNIFICATION THIS ASSUMPTION AND INDEMNIFICATION (this "Assumption") is entered into this 3111 day of May, 2018, by Crystal Cliff, LLC, ("Crystal Cliff) and Old Crystal Bay LLC ("Crystal Bay"). RECITALS VvgMREAS, Crystal Cliff is a party (by operation of that certain Assignment And Assumption Of Development Agreement dated September 9, 2016 and recorded June 8, 2018 in the Office of the Registrar of Titles as Document No. T05536679 and filed June 13, 2018 in the Office of the County Recorder as Document No. A10562736) to that certain Development Agreement, for platting and development of Crystal Bay Business Center dated December 5, 2007, filed December 27, 2007, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. 4457476 and recorded December 27, 2007 with the Office of the County Recorder for Hennepin County, Minnesota as Document No. 9079458, as amended by a Second Amendment to Development Agreement dated September 26, 2011, filed December 30, 2011, with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T4914548 and recorded December 30, 2011 with the Office of the County Recorder for Hennepin County, Minnesota as Document No. A9732423, and as amended by an Amendment to Development Agreement dated March 6, 2014, filed March 28, 2014 with the Office of the Registrar of Titles for Hennepin County, Minnesota as Document No. T05161145 and recorded April 24, 2014 with the Office of the County Recorder for Hennepin County, Minnesota, as Document No. A 10073 102 (collectively, as amended, "Development Agreement"); WHEREAS, pursuant to the Development Agreement, Crystal Cliff agreed to construct certain improvements on property located in the City of Orono, County of Hennepin, State of Minnesota (as more particularly described in the Development Agreement, the "Project Area"), WHEREAS, Crystal Cliff and Crystal Bay now desire that Crystal Bay complete such improvements and assume the obligations of "Developer" under the Development Agreement and indemnify Crystal Cliff for any failure of Crystal Bay to complete the same, but not have Crystal Cliff be released by the City of Orono from Developer's obligations under the Development Agreement, including the obligation to post performance security in the form of a bank letter of credit. 185 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assumption. Crystal Cliff hereby consents to Crystal Bay performing the obligations of Developer under the Development Agreement, and Crystal Bay hereby assumes all such obligations, except, without limitation, the obligation to post security in the fbim of a bank letter of credit for $400,347.00 for the benefit of the City of Orono, which obligation shall, as between Crystal Cliff and Crystal Bay, remain the obligation of Crystal Cliff per the terms of the Contract For Deed between them of even date herewith, but any additional security requirements shall be the responsibility of Crystal Bay at its sole cost and expense.. 2. Representations. Crystal Cliff represents that there is currently no default under the Development Agreement by any party thereto. 3. Indemnification. Crystal Bay shall indemnify, hold harmless and defend Crystal Cliff from and against any and all harm, damages, injuries, or losses, or claims therefor, suffered by or threatened against Crystal Cliff and resulting from or arising out of Crystal Bay's failure to perform any term or condition of the Development Agreement Crystal Bay is required hereby to perform. 4. Counterparts. This instrument may be executed in any number of counterparts, which, when taken together, constitute a complete and original instrument. IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be executed as of the day and year first above written. CR Its: STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN This instrument was executed before me this i President and Chief Manager of Crystal Cliff, LLC, a the limited liability company. CHRISTOPHER J. PIERSON NOTARY PUBLIC - MINNESOTA > x My Commission Expires January 31, 2020 day of 2018, by Clifford L. Otten, y, on behalf of 186 OLD CRYSTAL BAY LLC Its: STATE OF MINNESOTA ) ss COUNTY OF This instrument was executed before me this �; day of 2018, by K r—`-, the r.. of Old Crystal Bay LLC, a Minnesota limited liability company, on behalf of the limited liability company. CHRISTOPHER J, PIERSON .. - "NOTARY PUBLIC • MJNNESOTA C0 M m1ssjon Expires January 31, 2020 THIS INSTRUMENT WAS DRAFTED BY AND UPON RECORDING SHALL BE RETURNED TO: Sanford, Pierson, Thone & Strean, PLC (CJP) 1905 East Wayzata Boulevard Suite 220 Wayzata, MN 55391 187 Doc No 9086547 01 /17/2008 08:28 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 368526. , m Deputy 9 Fees $35.50 DOC $10.50 5UR $46.00 Total 188 TRANSFER EN RED HENNEPIN CC)UNTY TAXPAYER ENCROACHMENT AGREEMENT AGREEMENT ("Agreement") made this S`h day of December, 2007, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and RYAN COMPANIES US, INC., a Minnesota Corporation ("Developer"). RECITALS 1. Background. Certain real property, Orono Industrial Boulevard within the plat of Crystal Bay Business Center (said plat recorded as document 49079456), within the City of Orono, County of Hennepin, State of Minnesota, has been dedicated to the City of Orono (the "Subject Property"). Developer seeks permission from the City to encroach upon the Subject Property for outdoor storage until the street is constructed. 2. Encroachment Authorization. The City hereby grants the Developer permission for the encroachment of outdoor storage upon the Subject Property until the street is constructed, and subject to the conditions set forth in this Agreement. 3. No Waiver. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the City's interests in the right-of-way. 4. Maintenance and Repair of Right -of -Way. The Developer shall be solely responsible for all costs relating to the maintenance and repair of the Orono Industrial Boulevard right-of-way, including any damage caused in whole or in part by the Developer's use, maintenance, and repair of the right-of-way of Orono Industrial Boulevard. This maintenance agreement is an obligation of the Developer and shall be binding upon the executors, administrators, successors and assigns of the Developer. The Developer's obligations under this Section 4 shall terminate on the date the City accepts the improvements to Orono Industrial Boulevard made by the Developer pursuant to that certain Development Agreement Crystal Bay Business Center of even date herewith between the Developer and the City. 132834 Q I 189 5. Hold Harmless and Indemnity. In consideration of being allowed to encroach on the Subject Property, the Developer, its successors and assigns, hereby agrees to defend, indemnify and hold the City harmless from all costs and expenses, claims and liability, including reasonable attorney fees, relating to or arising out of the grant to Developer of permission to encroach into the City's right-of-way. Developer further agrees to indemnify and hold the City harmless from any damage to the Subject Property caused in whole or in part by the use of the Subject Property. 6. No Warranty; Termination. The City does not warrant title or guarantee the continuing right of Developer to encroach upon the City's right-of-way for outdoor storage. The City may, at its sole discretion, terminate this Agreement at any time by giving the Developer one hundred twenty (120) days advance written notice. Following notice, the Developer shall remove its outdoor storage at its sole expense. If the Developer fails to remove the outdoor storage from the Orono Industrial Boulevard right-of-way as provided in this paragraph, then the City may remove the outdoor storage and charge the cost to the Developer. CITY OF ORONO By; A Uu, Im ► f-cA- &— IY��r Mayor And: DEVELOPER RYAN COMPANIES US, INC. BY: Its �J City Administrator 132834 Q 2 190 STATE OF MINNESOTA } ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 9US-1 day of t0LCP-1"Ab?42007, by --CCy and ojaj, j , the Mayor and City Administrator, respectively, of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation. NOTARY PUBLIC T� RACHEL DODGE NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 STATE OF MINNESOTA COUNTY OF M � The foregoing instrument w s acknowie ed before me this s b ,- the �j of Ryan y � �L� �r��� y Minnesota corporation, on behalf of the corporation. n ,. r I JUDY A. HERMMSON Noary PublIc-MInnesota N!y Carr ftWcxn Wires Jan $1, 2D10 THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON, Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 M►to] IM'IIffl•a0i day of{f►►.Cr', 2007, Companies US, Inc., a 132834 Q 3 191 PLAT CRYSTAL BAY BUSINESS CENTER KNOW ALL MEN BY THESE PRESENTS: Ryan Companies US, Inc., Minnesota Corporation, fee owner of the following described property situated in the County of Hennepin, State of Minnesota, to it: Lot 1, Block 1, Van Dale Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, EXCEPT that part of Tract A described below: Tract A. That part of Lot 1, Block 1, Van Dale Addition, according to the plat thereof an file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, Section 33. Township 118 North, Range 23 West, which lies northerly of a line run parallel with and distant 70 feet southerly of Line 1 described below: Line 1. Beginning at a point on the north and south quarter line of said Section 33, distant 1326.88 feet south of the north quarter comer thereof; thence sin easterly at an angle of 89 degrees 20 minutes 56 seconds from said north and south quarter line (measured from south to east) for 253.6 feet and there terminating; Except that part of the des¢ Led property lying south of a Iine beginning 50 feet south of the above mentioned termination point. Thence running southwesterly to a point distant 70 feet south of Line 1 and 50 feet west of the termination point, together with that part of Tract A hereinbefore described adjoining and southerly of the above described strip, which lie, westerly of a line run parallel with sad distant 40 feet easterly of Line 2 described below: Line 2. From the point of beginning of Line 1 described above, run westerly on the westerly extension of sold Line 1 for 0.32 feet to the point of beginning Lime 2 to be described: thence deflect to the left at an angle of 90 degrees 38 minute. 37 seconds for 370 feet and there terminating; together with that part of Tract A hereinbefore described lying southerly of the first above described strip and easterly of the last above described strip, which lie, northwesterly of the following described line: From a point on Line 1 described above• distant 63.6 feet easterly of its point of beginning, n southerly at right angles to said Line 1 for 70 feet to the point of beginning of the line to be described; thence southwesterly to a point distant 40 feet easterly (measured at right angles) of a point on Line 2 described above, distant 100 feet southerly of its point of beginning and there terminating. AND Lot 2, Block 1, Van Dale Addition, according to the recorded plat thereof; and situate in Hennepin County, Minnesota. AND Lot 3, Block 1, In Dale Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, EXCEPT that part designated as Parcel 21 on Minnesota Deportment of Transportation Right Of Way Plat No. 27-129, AND Lot 4, Block 1, Van Dale Addition, according to the recorded plat thereof; and situate in Hennepin County, Minnesota, EXCEPT that part designated Parcel 21 on Minnesota Department of Transportation Right Of Way Plat No. 27-129. The registered portion of the premises is described as follows: That part of Lot 4, Black 1, Van Dale Addition embraced within the West Half of the Southwest Quarter of the Northeast Quarter, Section 33. Township 118. Range 23 described as beginning at the Southeast corner of said West Half of the Southwest Ouarter t` of the Northeast Quarter; thence North along the East Iine thereof 1074.9 feet; thence deflecting to the left 89 degrees 20 minutes to an intersection with the West line of the East 128 feet of said West Half of the Southwest Quarter of the North ... I P Quarter, thence North along aid West line to the North line of said West Half of the Southwest Quarter of the Northeast Ouarter, 1P thence West along said North line to the East line of the West 346.5 feet of the Southwest Quarter of the Northeast Quarter of id Section 33; thence South along said last mentioned East line to the South line of said Southwest Quarter of the Northeast Quarter; thence East along sold South line to the point of beginning, EXCEPT that part thereof designated as Parcel 21 on Minnesota Department of Transportation Right Of Way Plat No. 27-129 per Document No. 7984137. Has caused the some to be surveyed and platted as CRYSTAL BAY BUSINESS CENTER and does hereby donate and dedicate to the public for public use forever the public way and drainage and utility easements as shown on this plat. In witness hereof said rjyon 'Companies US, Inc., a Minnesota Corporation, has caused these presents to be signed by its proper officer this I_ day of1� Ify—k+f . 20-LD Signed: Ryan Companies US, 'Inc. By l - 1 '.� k ( Ir Its r STATE OF COUNTY OF tf+.:1.. ^ The foregoing instmT entwas acknowledged before me this (�J day of 20--' by I �''i' ^ {`• E G''- r its �'r� of Ryon' Companies US, 'Inc., a Minn ... to Corporation, on behalf of the corporation. r 1 ,y JUDv.1 H Notary Public. i ' f4n f County, 11 . 'X EMAN M Commission N,le' 'a1I1 jN aM y lXpifG3 I hereby certify that this plat of CRYSTAL BAY BUSINESS CENTER Is a correct representatlon of the boundary survey, that all mathematical data and labels are correctly designated on the plat: that all nronu ento depicted on the plat have been or At be correctly set within one year as Indicated on the plat: that II water boundaries and we lands as of the date of the aurwyor: certification are shown and labeled on the plat: that all public ways ore Mown and labeled on the plot. I further certify that this plat was prepared by me or under my direct supeNsion and that I am a duly licensed land surwynr under the laws of the Slate of Minne9 /�� Kurt M. a Lic se No Land Surwyw Minnesota License No. 23988 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing su ywr a certificate was acknowledged before me this day of DOCAn 30e 20-OM by Kurt M. Kisch, o Licensed Land Surveyor. CCTHAJ MORICAt Notary Public, Hmne in County, Minnesota My Commission EXpirea 1/31/20-,til- Wammeem[pwmmin ORONO, MINNESOTA This plot of CRYSTAL BAY BUSINESS CENTER was approbw�tl and accepted_ by the Ciny Council of Orono, Minnesota at a regular meeting thereof, held this �. day of 4[9 YEm1r� 20� If applicablq the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been re cKed by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendatiane,aa provided by Minnesota Statutes, Section 505.03. Subd.2. f' CITY OF ORONO. MINNESOTA / By If/., WAG(.W Mayor By. ✓e¢. Clerk TAXPAYER SERVICES DEPARTMENT, Henn! ' County, Minnesota Ty � e rtify that taxes payable in 280 7 and prior year, hove been paid for Iland described on this plat. Dated this 2� day of der 209X-. All L. Alwrson, Hennepin County Auditor By. /I l Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to Minnesota Statute See. 3838.565 (1969), this plat has been appre,ed this day of 0E69114e911t .20-�L William P. Brown, Hennepin County Surwyo REGISTRAR OF TITLES, Hennepin, County, Minnesota I hereby ,rtIfy that the within plot of CRYSTAL BAY BUSINESS CENTER was filed for record M this office, this day of D+ Q9ylA ✓ 20�- at µ,.30 ocl�ockk�.m. Michael H. Cunniff, Registrar of Titles By.cls'r� _�V.l.iC t. JIL Deputy COUNTY RECORDER, Hennepin County, Minnesota I here�by�ycAgrtify that the within plat of CRYSTAL BAY BUSINESS CENTER was filed for record in this .111-, Chia 'day of DPU 1419,I 20-0-1at' ZZ .',lack 1Fm. Michael H. Cunniff, County Recorder By. tew K 4 t Deputy +E' RLK INC. SHEET 1 OF 2 SHEETS 192 F --— — — — — — pd— pli- m _Line 2 . ., N.. 4642568 - 132 ou z 0 O st r— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — L.- 2 ft..,- —lim. - f th. 'P. -9 - h— -- S— 33. T. 118. R. 23 -p� IF Noo (D 7627"E o 1 270.00 1 EXCEPTION ON — a L— — — — — — — — — — — — — — — — — — — — — — — — — x om T 9 g LAI-Lr I 11JIN r, 00 EXCEPTION 1 7u 0"J' 7 �02 'W -Z T T — — — — — — — — — — — > o Z z> Z4 > > f a > z L —lo 0 T _ j > 0. So Z, I m 3 >o ?L F:: 6 Z' o' 3 Milo A PA! —L co w AGENDA ITEM Date: June 9, 2025 Item: 11 Title: LA25-000007, 4745 North Shore Drive, After -the -Fact Conditional Use Permit Amendment - Resolution 7589 Presenter: Melanie Curtis, Planner Section: Consent Agenda Purpose: The purpose of this application is to consider new retaining walls within the bluff and lake setback installed without City approval. An after -the -fact amendment to the CUP is required. 2. MN§15.99 Application Deadline: The application was received on January 30, 2025 and considered to be complete on February 14th; the original 60-day review timeline was extended and will now expire on June 14, 2025. 3. Background: The Council reviewed this request on April 28th and May 12th and tabled the application to allow the applicant to provide updated engineering and a revised landscape plan with native plantings. Review the minutes from the previous meetings: April 28 (video) / May 12 (video). 4. Analysis: The applicant provided an updated landscape plan, narrative, and photos attached as Exhibit B. Staff reviewed the revised landscape plan. The majority of the plants proposed are not native and do not appear to provide the desired screening of the walls. The following comments were shared with the applicant: 1. The "Kentucky Bluegrass" (KBG) shown on the path down the slope and along the base of the lower walls is not native to Minnesota. It requires frequent fertilization, mowing, and watering, does not meet the City's goals for screening, and does not support or stabilize the hillside. Staff would suggest using a taller, native fescue with interspersed native prairie grasses as an alternative to KBG due to their deep root systems, lower maintenance/mowing demand, screening potential, and durability. 2. Neither KBG nor a fescue alone will provide the required screening of the lower walls, which range from 3 feet to 5 feet tall. Your plan should be updated to include taller plants/shrubs/prairie grasses that will provide adequate coverage in front of each of these walls. Where it is not possible to screen the walls from the front, staff suggests incorporating a native vining species that could hang down and provide screening from above. 3. Although not native to Minnesota, the inclusion of Hosta plants along the stairs may be acceptable when paired with other appropriate native plants, such as the proposed wood lily, which is native to MN. The plan shows a large area to be planted with a no -mow fescue mix - along the stairs and on top of the lower walls. Consider incorporating native plantings with height and root systems to meet our goal of screening and stabilization. 194 Staff Recommendation: The updated engineering including all of the walls and an updated project justification was provided for Council's review at the May 12th meeting (Exhibit D). Upon review, Council directed the applicant to revise the landscape plan to reflect native species to screen the new walls from the lake and provide the necessary stabilization for the bluff. The applicant provided a revised landscape plan. Staff annotated the landscape plan to meet the condition for additional vegetation be added in front of the lowest walls to screen them from the lake. Staff recommends the Council consider a motion to adopt the draft resolution approving the after - the -fact CUP amendment including the revised landscape plan as annotated by staff. COUNCIL ACTION REQUESTED Council should consider a motion to adopt Resolution No. 7589 (Exhibit A) as drafted. Exhibits A. Draft Resol 7589 with Exhibits B. Revised landscape plan and Narrative C. Engineer responses D. Engineered Plans 04162025 195 0) co O z Z w o Z � °D ti W 0 O Z Z H Q Z J zwZ� tic) >aN00 0� 0NJ 006 06 oo LO dJd(D QQV� Tmm Qo 00�� CD Jo ON H�2U) � zOO Z H — WJ o O J_ Lu W Z W W J QUO 1 D 0 = Q H W a � w H W Q co 0 O C- ca M 00 N O Z C tr O C U) O O O U) L .E U) A o Co c O — d U � > N n � O .E t o� t >, Z �ULo N a) 0) w �� U w =5-0 _ � N 5 0 O C 0 O O Q O' � � cB O a C/) Q) 0 a Q) ca 2 N Q) ° a 3 o c 0 a) � N L w i jU S O N 00 m �� �S N O N N o o 0 00 ai a) � a)o ca )Q) a, W z E U u C U 0 m M C: N N O E a`/) o �Qoo co co i o Q) J O J aj o O•—� pU >�: �Z CV3 CAM o mc,pc�a2 I—Uo Q I�-2 o co L O C a c �0 � c 6 Z O. L C 00-) N C (BY U O Q j O =3 L 07 0) i Q- O O Eia -0 Q CO°N CL I� (B -0MU) " 0 0 M +, 4- C V U O >, Q �a U-0 �-0 Q U O a)> a)- c ° o LO N N N U C a)Q 0 C 00 N U M N U U a C C O U O L U a O O o 2 C C C O mU .0 �. 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IF IT DOESN'T, ADJu51 SCALE ACCORDINGLY REV DATE DESCRIPTION VEC PROJECT NO VEC 24-055 2 6/14/2024 REVISED LOCATION SKETCH TO NEW CONFIGURATION DRAWN BY VEC 3 6/17/2024 1 PLANS REVISED BASED ON NEW SURVEY, DATE 6/17/2024 REVIEWFD BY RWV 4 3/10/2025 ADDED WALLS 7 6 6 DATE 4/15/2024 1 1 5 1 , l �q WALL I, STA. 1+12 41 SHEET W3 OF I O CMR. MATT JASPER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR REPORT WAS PR RE SY ME 09 ER MY IRECT SOPERV1SION A H A D IC SED OFESSIONAL ENGINEER 0 A S HE ST MINNESOTA. R"AL 7 15:? REG. NO 26065 215 From: Jasper, Matthew M CSM USARMY NG MNARNG (USA) To: Melanie Curtis Cc: Laura Oakden; Matt Jasper Subject: RE: 4745 Northshore Drive Date: Thursday, June 5, 2025 2:11:23 PM Attachments: 2025-06-05 13-44. pdf Melanie, The area where I am putting the Kentucky Blue Grass is a flat enough area that it is not of concern with the slope stabilization. I do not want to do any kind of wild grass or fescue in this area because it does not generally fit in with the surrounding properties nor does it meet the intent of what I would like to do with my property. In the attachments, "photo 2" is a picture of my backyard from the lake showing how well the retaining walls and stairway fit into the hillside. "Photo 3" is the properties directly to the East of me, both of which have significant retaining walls and one of them is completely covered in boulders from top to bottom. "Photo 4" is a property directly to the West of me where retaining walls are visible along with a nicely manicured yard where they are able to enjoy their property just like what I intend to do with mine. The area you are indicating circled in blue along the stairs is not anywhere close to 5 feet tall as you can see in "photo 2", 1 do not believe there is a need for me to screen these any further than what the fescue grass, lilies and hosta's will achieve. I did add the no -mow fescue to the entirety of the hillside as requested (see updated plan). The reason I did not initially have that on my plan is due to me cleaning up the leaves and underbrush on the hillside it allowed lilies and various other plants to grow in much thicker (as seen in photo 1) and I didn't think it was necessary at this point to have new plants fight with ones that are naturally growing on their own very well. I did not specify the fescue mixture for the no -mow grass on the updated plan. I reached out to Public Works and they said they were unable to tell me what fescue was that they use. I was under the assumption that the one I was proposing was the same one they used around the water basin area to the East of my property. From the research I have done, these no -mow mixtures have multiple fescues in them and none of them are 100% native. I would be happy to use the mixture that the staff or city council members recommend so it blends in with the work you guys did on the water basin. I ask that this email and attachments are viewed by the members of the council as well during the Monday meeting. I plan to be in attendance, just let me know what time you would like me there and if this generally meets the intent of the staff. Thanks again, Melanie! Matthew M. Jasper Command Sergeant Major MNARNG RRB 1025 Broadway Street NE Minneapolis, MN 55413 763-477-2307 216 f a • J•_ rrY. i r .. F.- -t, L Ir -ter -- - z•I .h L. �. lk- `F I Wk ti r ors{:' �• ,� r� _ { f APL is I } :� � ' _.'; � � � � •. ^� 1 � �� � �' r. v r w- ri• AW Rpp lIT # { t, x� Ap. } Fir. t Fes+ s.,pod 219 1ILIG11.1-4 NW19-m-m-N-9 Am I qa w From: Ronald W. Vickery, P.E. To: Melanie Curtis; Jasper, Matthew M CSM USARMY NG MNARNG (USA) Cc: Adam Edwards; Laura Oakden Subject: RE: 4745 Northshore Drive - Council Action for LA25-000007 Date: Friday, May 2, 2025 2:20:11 PM Melanie — here's the answers to your questions: 1. My landscape design was developed to directly address an ongoing erosion problem that had been affecting the stability of the shoreline and bluff line. The erosion was caused by surface water runoff, natural wave action, incorrectly installed riprap, and ice heaves which had begun to undermine the soil and vegetation near the water's edge and bluff line. To correct this, the design included erosion control measures such as deep-rooted native plants, erosion control fabric, and slope stabilization techniques with the staircase and boulder retaining walls. These improvements were intended to stop further erosion, help restore the health of the shoreline and preserve the roots of trees that are exposed. 2. When I began working with the property owner and the contractors, Matt's main goal for this project was to correct the shoreline with a 3:1 slope with large rip rap toe boulders, construct a safe stairway to the lake shore that would also help in stabilizing the bluff side, and protect as many trees as possible. Given the condition of the bluff line, it was evident that it had not been previously addressed properly. The results of my global stability analysis indicated an overall global stability factor of safety of 1.378, which is in excess of the industry standard factor of safety of 1.3. Please note, without the retaining walls, this factor of safety would be less than 1.3. Therefore, the retaining walls and the stair system will greatly aid in the stabilization of the slope. 3. 1 am a registered professional engineer in the state of Minnesota (among others), and have been designing retaining walls for 27 years. I've been running my own company, Vickery Engineering & Consulting, LLC, since 2007. 4. The landscaping was carefully planned to be as minimal and natural -looking as possible. It includes only what is necessary to stabilize the shoreline and bluff line to prevent further erosion. Native plants were chosen not only for their effectiveness in holding soil in place but also for their ability to blend into the natural surroundings. Less than 4' tall boulder walls were used in areas where native plants would not have been enough to prevent further erosion. With Matt's goal to preserve as many trees as he could on the hill side, small boulder walls was the only way properly accomplish that. No unnecessary structures were made to the landscape, and every effort was taken to preserve the natural view and character of the lakeshore. I hope this helps. Please let me know if you have questions or need anything else. Thanks, Ronald W. Vickery, PE Vickery Engineering & Consulting, LLC Post Office Box 86 Grandy, MN 55029 Phone: 952-465-8272 www.vickeryeng.com Engineering Solutions for an Unstable World- 221 PROPOSED BOULDER RETAINING WALLS 4745 NORTH SHORE DRIVE ORONO, MINNESOTA GENERAL NOTES I. IN PREPARATION OF WALL DESIGN, SOIL STRENGTH PARAMETERS WERE DETERMINED IN THE FIELD BY A VEC REVIEW OF THE ON -SITE SOILS. IT IS THE RESPONSIBILITY OF THE OWNER OR OWNER'S REPRESENTATIVE TO VERIFY THE SOIL STRENGTH PARAMETERS ARE REPRESENTATIVE OF THE SOILS AVAILABLE FOR WALL CONSTRUCTION. IF THE SOIL STRENGTH PARAMETERS ARE FOUND TO BE INCONSISTENT WITH THOSE ASSUMED, THIS DESIGN IS NO LONGER VALID AND IT IS THE RESPONSIBILITY OF THE OWNER OR OWNER'S REPRESENTATIVE TO NOTIFY VEC SO THE RETAINING WALL SYSTEM CAN BE REDESIGNED. FAILURE TO NOTIFY VEC MAY RESULT IN FAILURE OF THE RETAINING WALL. 2. DESIGN SOIL PARAMETERS: A. RETAINED SOIL: IMPORTED/ON-SITE CLAYEY SAND SOILS PHI = 30 DEGREES GAMMA = 125 PCF. B. FOUNDATION SOIL: IMPORTED/ON-SITE CLAYEY SAND SOILS PHI = 30 DEGREES GAMMA = 125 PCF. 3. ANY EXCAVATION PERFORMED BELOW THE FOUNDATION GRADE OF THE WALL SHOULD HAVE PROPER 1:1 LATERAL OVERSIZING. EXCAVATION OVERSIZING SHOULD BE MEASURED FROM THE FRONT TO THE BACK OF THE LOWEST BOULDER. 4. THIS SET OF BOULDER RETAINING WALL PLANS ARE BASED ON THE SITE SURVEY, PREPARED BY ACRE LAND SURVEYING, DATED 11/12/2024. IF OTHER PLANS ARE PRODUCED THAT CONTAIN DIFFERENT INFORMATION THAN THAT REFERENCED, THIS PLAN MAY NEED TO BE REVISED AND/OR THE WALL MAY NEED TO BE REDESIGNED. 5. LOCATION OF THE BOULDER RETAINING WALLS IN RELATION TO PROPERTY LINES, UTILITY EASEMENTS, WATERSHED EASEMENTS, OR ANY OTHER TYPE OF EASEMENTS ARE THE RESPONSIBILITY OF THE OWNER. VEC ASSUMES NO LIABILITY FOR THE LOCATION OF THE BOULDER RETAINING WALLS, OR IF CONSTRUCTION OF THE PROPOSED BOULDER RETAINING WALLS ENCROACH ANY PROPERTY LINES OR EASEMENTS. 6. IT IS IMPERATIVE THAT THE SITE SURVEYING OF THE BOULDER RETAINING WALLS BE BASED ON THE PLANS REFERENCED ABOVE AND NOT PROFILE PLANS PREPARED BY VEC. SURVEYING OF THE BOULDER RETAINING WALLS MUST TAKE INTO ACCOUNT THE DESIGN BATTER INDICATED ON THE ENCLOSED PLANS AND DETAILS. FAILURE TO TAKE INTO ACCOUNT WALL BATTER FOR THE BOULDER RETAINING WALL SURVEYING WILL PRODUCE INCORRECT LOCATIONS OF ALL TOP OF WALL AND SHALL BE CORRECTED AT NO COST TO VEC. 7. WALL GEOMETRY, LOCATIONS, SLOPES AND SURCHARGE LOADS FOR THE BOULDER RETAINING WALLS WERE ASSUMED FROM THE PROJECT PLANS REFERENCED ABOVE. IF CONDITIONS VARY GREATLY IN THE FIELD FROM THOSE SHOWN ON THIS PLAN, VEC MUST BE NOTIFIED PRIOR TO CONSTRUCTION OF THE BOULDER RETAINING WALLS TO REVIEW THE DESIGN AND/OR PLANS. MODIFICATIONS TO THE DESIGN AND/OR PLANS MAY BE REQUIRED AFTER THE REVIEW, AND MAY TAKE UP TO TEN BUSINESS DAYS TO COMPLETE. 8. PLEASE REFER TO ANY PROJECT SPECIFICATIONS FOR ADDITIONAL INFORMATION. IF THERE ARE DISCREPANCIES BETWEEN ANY INFORMATION ON THESE PLANS AND INFORMATION IN THE PROJECT SPECIFICATIONS, THE MORE RESTRICTIVE INFORMATION TAKES PRECEDENCE. vicLer� Engineering & Consulting, LLC Post office P5ox 86 Grandy, MN 55029 Phone: 952-465-8272 www.vickeryeng.com ZOZ5 Vickery Engineering & Consulting, LLC, PROPOSED BOULDER RETAINING WALLS 4745 NORTH SHORE DRIVE ORONO, MINNESOTA TITLE PAGE AND GENERAL NOTES REV:I DATE: I DESCRIPTION: SHEET INDEX SHEET NO. SHEET DESCRIPTION WI TITLE PAGE AND GENERAL NOTES W2 WALL CONSTRUCTION NOTES W3 WALL LOCATION SKETCH W4 - W9 WALL ELEVATION VIEWS W10 SECTIONS AND DETAILS SCALE: 0 1 SHEET: OF: CLIENT: I I W I I Q I MR. MATT JASPER NONE VERIFY LINE ABOVE MEASURES I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR I -INCH. IF IT DOESN'T, ADJUST REPORT WAS PR ARE BY ME OR ER MY DIRECT SCALE ACCORDINGLY SUPERVISION A HIAJIVI A DU LICE SEE OFESSIONAL ENGINEER D R HE ST E MINNESOTA. VEC PROJECT No: VEC 24-055 // 3 6/17/2024 PLANS REVISED BASED ON NEW SURVEY, DATE 6/17/2024 IDRAWN BY: I VEC 4 3/10/2025 ADDED WALLS 7 & 8 IREVIEWED BY: I RWV 5 1 4/16/2025 1 ADDED WALL 9 DATE: 1 4/15/2024 RONALD CKE `Gr P DATE: 4/15/ REG. NO.: 24065 WALL CONSTRUCTION NOTES M N N nFq['RI PTI nN THIS WORK CONSISTS OF CONSTRUCTING BOULDER WALL STRUCTURES AT THE LOCATIONS INDICATED ON THE SITE SURVEY, PREPARED BY ACRE LAND SURVEYING, DATED 11/12/2024. BOULDER WALLS ARE FORMED OF INTERLOCKING, DRY -STACKED ROCKS WITHOUT REINFORCING STEEL, MORTAR, OR CONCRETE. CONSTRUCTION REQUIREMENTS BOULDERS: BOULDERS SHALL CONSIST OF NATURAL STONE WITH VARYING HEIGHTS AND NOMINAL DEPTHS RANGING FROM 12 TO 60 INCHES (FRONT TO BACK). GENERAL: THE FOLLOWING DEFINITIONS APPLY TO BOULDER WALL CONSTRUCTION: (A) BASE ROCK: THE BASE ROCK IS THE LOWERMOST ROCK IN THE BOULDER WALL, AND BEARS DIRECTLY ON THE SOIL SUBGRADE. (B) FACING ROCK: THE FACING ROCKS COMPRISE THE BULK OF THE BOULDER WALL AND ARE STACKED ABOVE THE BASE ROCK. (C) CAP ROCK: THE CAP ROCK IS THE UPPERMOST ROCK IN THE BOULDER WALL SECTION AND "CAPS" THE BOULDER WALL. BOULDER WALL CONSTRUCTION: (A) BOULDER WALL FOUNDATION EXCAVATION: EXCAVATE A FOUNDATION TRENCH AT LEAST 12 INCHES BELOW THE GRADE AT THE BOTTOM OF THE WALL, RUNNING THE FULL LENGTH OF THE PROPOSED BOULDER WALL, OR TO THE DEPTH SHOWN ON THE PLANS. EXCAVATE THE FOUNDATION TO A MINIMUM WIDTH EQUAL TO THE SPECIFIED BASE ROCK WIDTH PLUS 12 INCHES TO INCLUDE THE AGGREGATE BEHIND THE BOULDER WALL. EXERCISE CARE DURING EXCAVATION OF THE BACK CUT. STABILITY OF TEMPORARY CUT SLOPES IS THE RESPONSIBILITY OF THE CONTRACTOR. (B) BOULDER PLACEMENT: PLACE THE FIRST COURSE OF ROCK (BASE ROCK) ON FIRM, UNYIELDING SOIL WITH FULL CONTACT BETWEEN THE ROCK AND THE SUBGRADE. EXCAVATE ANY LOOSE, SOFT OR OTHERWISE UNSUITABLE MATERIAL PRESENT AT FOUNDATION GRADE AND REPLACE WITH SUITABLE FOUNDATION FILL. COMPACT THE FOUNDATION FILL AS NEEDED. AS THE BOULDER WALL IS CONSTRUCTED, PLACE THE ROCKS SO THAT THERE ARE NO CONTINUOUS JOINTS IN EITHER THE VERTICAL OR LATERAL DIRECTION. STOCKPILE A SUFFICIENT NUMBER OF ROCKS TO PROVIDE A GOOD SELECTION FOR PLACEMENT. To OBTAIN A BETTER FIT, PLACE ROCKS WHICH DO NOT MATCH THE SPACES OFFERED BY THE PREVIOUS COURSE IN A DIFFERENT LOCATION. AVOID PLACING ROCKS WHICH HAVE SHAPES THAT CREATE VOIDS WITH A LINEAR DIMENSION GREATER THAN 8 INCHES. EXCEPT IN ISOLATED CASES, PLACE EACH ROCK SO THAT IT BEARS ON AT LEAST TWO ROCKS BELOW IT. LOCATE AT LEAST ONE BEARING POINT A DISTANCE NO GREATER THAN 6 INCHES FROM THE AVERAGE FACE OF THE BOULDER WALL. THE ALLOWABLE TOLERANCE FOR BASE ROCK WIDTHS IS 3 INCHES; HOWEVER, DO NOT PLACE TWO OR MORE CONSECUTIVE BASE ROCKS WITH A WIDTH LESS THAN SPECIFIED ON THE PLANS. SLOPE THE TOP SURFACE OF EACH ROCK TOWARDS THE BACK OF THE BOULDER WALL AT AN INCLINATION OF AT LEAST 5 PERCENT. THE MINIMUM BOULDER WALL THICKNESS IS BASED ON MINIMUM BASE ROCK WIDTH, AS SPECIFIED ON THE PLANS, AND ALLOWABLE FACE BATTER. THE REQUIRED MINIMUM FACE BATTER IS 10 DEGREES. SECURELY PLACE FACING ROCKS SO THAT THE ROCKS ARE UNABLE TO BE MOVED WITH A PRY BAR AFTER THE BOULDER WALL IS COMPLETE. (C) VOIDS: WHERE VOIDS WITH A MINIMUM DIMENSION OF 6 INCHES OR GREATER EXIST IN THE FACE OF THE BOULDER WALL, CHINK THE VOIDS WITH SMALLER ROCK. (1) IF THERE IS NO ROCK CONTACT WITHIN THE BOULDER WALL THICKNESS, CHINK THE VOID WITH A SMALLER PIECE OF ROCK. (2) CHINKING ROCKS SHOULD NOT PROVIDE PRIMARY STRUCTURAL SUPPORT FOR THE OVERLYING ROCK. (3) CHINKING ROCKS SHOULD NOT BE ABLE TO BE MOVED OR REMOVED BY HAND AFTER BOULDER WALL IS COMPLETE. RESET LOOSE CHINKING ROCKS UNTIL SECURELY PLACED OR GROUTED IN PLACE. DO NOT ALLOW GROUT TO BE READILY VISIBLE FROM THE FACE OF THE BOULDER WALL. (D) BOULDER WALL AGGREGATE: INSTALL AGGREGATE, CONSISTING OF 3/4" TO 1 1/2" CLEAR CRUSHED AGGREGATE (NO PEA GRAVEL), BETWEEN THE BOULDER WALL AND THE BACK CUT FACE BEING SUPPORTED. THE AGGREGATE LAYER SHALL BE TO THE DIMENSIONS SHOWN ON THE PLANS, WITH A MINIMUM DEPTH OF 12 INCHES. PLACE AGGREGATE CONCURRENT WITH BOULDER WALL SO THAT AT NO TIME IS EITHER MORE THAN 12 INCHES HIGHER THAN THE OTHER. SEPARATE THE AGGREGATE FROM THE BACK OF THE BOULDERS BY A NON -WOVEN GEOTEXTILE (MIRAFI 140N OR APPROVED EQUAL). OVERLAP THE NON -WOVEN GEOTEXTILE AT LEAST 18 INCHES AT ALL SEAMS. THE TOP OF THE AGGREGATE SHOULD ALSO BE "CAPPED" WITH THE GEOTEXTILE, AS SHOWN ON THE CROSS -SECTIONS. VicLer� Engineering & Consulting, LLC Post office P5ox 86 Grandy, MN 55029 Phone: 952-465-8272 www.vickeryeng.com ZOZ5 Vickery Engineering & Consulting, LLC, PROPOSED BOULDER RETAINING WALLS 4745 NORTH SHORE DRIVE ORONO, MINNESOTA WALL CONSTRUCTION NOTES REV] DATE: I DESCRIPTION: SCALE: 0 1 SHEET: OF: CLIENT: I I W 2 10 1 MR. MATT JASPER VERIFY LINE ABOVE MEASURES I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR NONE I -INCH. IF IT DOESN'T, ADJUST REPORT WAS PR ARE BY ME OR ER MY DIRECT SCALE ACCORDINGLY SUPERVISION A HIAJVl A DU LICE SED OFESSIONAL ENGINEER D R HE ST E MINNESOTAVEC PROJECT No: VEC 24-055 // 3 6/17/2024 PLANS REVISED BASED ON NEW SURVEY, DATE 6/17/2024 IDRAWN BY: I VEC 4 3/10/2025 ADDED WALLS 7 & 8 IREVIEWED BY: I RWV 5 1 4/16/2025 1 ADDED WALL 9 DATE: 1 4/15/2024 RONALD CKE `GrP DATE: 4/15/ REG. NO.: 24065 \ WALL 6, STA. 0+18 \ \ WALL 4, STA \ \ WALL 5, STA. 0+00 WALL 4, STA \ WALL 6, STA. 0+00 0+00 0+10 WALL 3, STA. 0+00 \ WALL 5, STA. 0+14 WALL 3, STA. 0+14 \ \ \ \ \ WALL 2, STA. 0+00 \ WALL 2, STA. 0+22 \ \ \ WALL 7 �\ STA. 0+54 WALL 7, STA 0+00 V vicLer� Engineering & Consulting, LLC Post office P5ox 86 Grandy, MN 55029 Phone: 952-+65-8272 www.vickeryeng.com ZOZ5 Vickery Engineering & Consulting, LLC, WALL 9, STA 0+12 WALL 8, STA 0+00 \ WALL 9, STA 0+00 \ WALL 8, STA 0+30 \ \ \ WALL I, STA 0+00 WALL I, STA. 1+12 PROPOSED BOULDER RETAINING WALLS SCALE: 0 1 4745 NORTH SHORE DRIVE I I ORONO, MINNESOTA NONE IVERIFY LINE ABOVE MEASURES -INCH. IF IT DOESN'T, ADJUST WALL LOCATION SKETCH SCALE ACCORDINGLY REV: DATE: DESCRIPTION: VEC PROJECT N0: VEC 24-055 3 1 6/17/2024 PLANS REVISED BASED ON NEW SURVEY, DATE 6/17/2024 DRAWN BY: VEC 4 3/10/2025 ADDED WALLS 7 & 8 REVIEWED BY: RWV 5 1 4/16/2025 1 ADDED WALL 9 DATE: 1 4/15/2024 SHEET: W 3 IOF I 0 ICLIENT: MR. MATT JASPER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR REPORT WAS VH BY ME OR ER MY DIRECT SUPERVISION A A DU LICESEOFESSIONAL ENGINEER DiRS,O/ HE ST E MINNESOTA. RONALD CKE `GrP DATE: 4/15/ REG. NO.: 24065 v 04 04 N N 937 936 935 934 933 932 931 WIO GO <WI0 T T 7 T--- --� T 7-- ---� ------r-----r------r------r-- -------r------r-----r------r-----r-----r------r------r-----r-----r-937 ----------------------------------------------------- - - - - - -- - - - - - - - - - - - - - - - - - - - -- ---�--936 -------------------------I----------- TOP_OF_LALLI------------ --- --------------- -------------I - 935 ------Ir----------rt------Ir----1-------- - - - -I- --- ------I - ---------r------r-----r------r---934 930---d O O LO O + O + O Q Q ------ - -- - - - - - FINIS+EI�-CrRADE-,T-B-,SE-----�--- --,------G-RARE$F-HMD-WALL-------------- ----�-933 932 — 931 --� — - S�E6F LZ---- -- - - - - --------------------�930 --+------�-- - ------+--- IO ------- ------+------ IiO - - - - - ------+- ----�- IO - - - - - - - 929 CD�O + + O CV LO CV K) LO O O LO LO LO O �O D O n U-) n O O + O + C. + O + + O O + O + O + + O O + O + O + O Q Q Q Q Q Q Q Q Q Q Q Q Q Q BOULDER WALL - ELEVATION VIEW WALL I (MAXIMUM BEARING PRESSURE = 1,500 PSF (SCALE: I"=5'-0") vicLer� Engineering & Consulting, LLC Post office P5ox 86 Grandy, MN 55029 Phone: 952-+65-8272 www.vickeryeng.com ZOZ5 Vickery Engineering & Consulting, LLC, LEGEND NOTES X INDICATES CROSS-SECTION TO 1) GRADES SHOWN ARE APPROXIMATE, AND MAY VARY IN THE FIELD AT THE TIME WX BE USED (SEE SHEET W10) OF CONSTRUCTION. MINOR ADJUSTMENT OF THE TOP AND BOTTOM OF WALL ELEVATIONS IS PERMISSIBLE, PROVIDING THE CROSS -SECTIONS INDICATED ARE FOLLOWED. SEE SHEET WIO FOR CROSS-SECTION INFORMATION. PROPOSED BOULDER RETAINING WALLS 4745 NORTH SHORE DRIVE ORONO, MINNESOTA WEST WALL ELEVATION VIEW 2) MINIMUM EMBEDMENT IS SHOWN ON THE CROSS -SECTIONS. EXTRA EMBEDMENT IS ALLOWED IF NEEDED TO ACCOMMODATE BOULDER SIZES. KALE: SHEET: OF: CLIENT: W4 10 1 MR. MATT JASPER 5 2.5 0 5 10 1 HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR REPORT WAS PR ARE BY ME OR ER MY DIRECT SCALE: 1" = 5' SUPERVISION A WUS,,01 A DU LICE SEOFESSIONAL ENGINEER D5(RHE ST E MINNESOTA. REV: DATE: DESCRIPTION: VEC PROJECT N0: VEC 24-055 3 1 6/17/2024 PLANS REVISED BASED ON NEW SURVEY, DATE 6/17/2024 1 DRAWN BY: VEC 4 3/10/2025 ADDED WALLS 7 & 8 REVIEWED BY: RWV 5 1 4/16/2025 1 ADDED WALL 9 DATE: 1 4/15/2024 RONALD CKE `GrP DATE: 4/15/ REG. NO.: 24065 to N N 4 W10 937 I 7 T 7 T------I-- --- T9F OF --WALL 936— ----------- ------------1------ ------------I-----�936 935 1 935 934------1------ 1 ------ 1 ----A11E$EilN0.1ALLr---- 1------1-- --- 1 ------------rt------ fi--- fi------1-----�934 933 --- FINIS�IED GRADE ABASE--------1------------�------I-----4_933 932 I I I I I I I I 932 931 �931 -----4— — - k -------I-------4------------------ 4_930 929 BASE F WALL -- — — — — — — — — — — — ----------------�—----�929 o in o Ln co 0o o0 0 0 Ln O CD CD CD CD+ + + + (�'IBOULDER WALL - ELEVATION VIEW WALL I (CONTINUED) W5 (SCALE: I"=5'-0") vicLer� Engineering & Consulting, LLC Post office P5ox 86 Grandy, MN 55029 Phone: 952-465-8272 www.vickeryeng.com ZOZ5 Vickery Engineering & Consulting, LLC, WIO W10 <WI0 946---� ----------7OPrOTWALE- T ------- ----F-946 945 — — — — — — — — ---rt------ fi -----1-- ----r--945 944 1 ------� -----I-- ---�944 942 \ �— -----BEHIND — dRADE -- — — fi ----- -- 1 -- 1-- — — — — 1 43 — — - r---942 941�---- � — -- I ALt----� --- —I-- ---�941 940�----- \ — — — 940 939 BASE -OF-W _L — —'� 1� — — — �939 938�1 FIN SHE�GRAUF T67�SF— — ------I------- k— 938 937—T — — — — — — — — — — — — ------�--- — ---- r-937 o O Ln O O — U-) o N Ln N O O O O O O Q Q Q Q Q Q BOULDER WALL - ELEVATION VIEW WALL 2 (MAXIMUM BEARING PRESSURE = 1,500 PSF (SCALE: I"=5'-0") LEGEND NOTES X INDICATES CROSS-SECTION TO 1) GRADES SHOWN ARE APPROXIMATE, AND MAY VARY IN THE FIELD AT THE TIME WX BE USED (SEE SHEET W10) OF CONSTRUCTION. MINOR ADJUSTMENT OF THE TOP AND BOTTOM OF WALL ELEVATIONS IS PERMISSIBLE, PROVIDING THE CROSS -SECTIONS INDICATED ARE FOLLOWED. SEE SHEET WIO FOR CROSS-SECTION INFORMATION. PROPOSED BOULDER RETAINING WALLS 4745 NORTH SHORE DRIVE ORONO, MINNESOTA EAST WALL ELEVATION VIEW 2) MINIMUM EMBEDMENT IS SHOWN ON THE CROSS -SECTIONS. EXTRA EMBEDMENT IS ALLOWED IF NEEDED TO ACCOMMODATE BOULDER SIZES. KALE: SHEET: OF: CLIENT: W5 10 1 MR. MATT JASPER 5 2.5 0 5 10 1 HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR REPORT WAS PR ARE BY ME OR ER MY DIRECT SCALE: 1" = 5' SUPERVISION A WUS,,01 A DU LICE SEOFESSIONAL ENGINEER D5(RHE ST E MINNESOTA. REV: DATE: DESCRIPTION: VEC PROJECT N0: VEC 24-055 3 1 6/17/2024 PLANS REVISED BASED ON NEW SURVEY, DATE 6/17/2024 1 DRAWN BY: VEC 4 3/10/2025 ADDED WALLS 7 & 8 REVIEWED BY: RWV 5 1 4/16/2025 1 ADDED WALL 9 DATE: 1 4/15/2024 RONALD CKE `GrP DATE: 4/15/ REG. NO.: 24065 Iti 04 04 3 2 3 WIO WIO WIO GRADE BEHIND_ 958 WALL - - - - - - - - - - - T �958 949------I-------F------r - T__949 957 - ---1- ---- ------ fi------1------�957 948------I---- --------I------�948 956 - - - - - - --------------------�956 -- T�o� JF---- 947 -1-- -IgLL----L------1------947 955 ---XT --- -- ------------1------ 1 955 I I OF I I I 946 - - E- --------r------I------�946 954 --W1ALC rt------r------I------�954 945� I--BEk�1NQ---- -----------------�945 953 - ----I- - ABASE OF WALE------------�953 944�--� WA L-L------1------944 952 1- ----------4------1------ 1 952 I I I I I I I I I I I 943--F-----r------------- T943 951 1 -----t------r------1------- r---951 -----� 942� - - - - ------ -�--F1NfSHf D�1 ADEATbXCSE----�942 950�- - - - - - - -- ftN HfD-GRADE- B*SE- - - -- 950 941—�------- BASE OF W,LL-----t------------t941 949—r--- -----j------- - - - - - - - - - - - 949 O Ln O Ln o Ln O Ln o Ln O Ln O O — — N N O O — — (V N + + + + + + + + + + + + O O O O O O O O O O O O Q Q Q Q Q Q Q Q Q Q Q Q BOULDER WALL - ELEVATION VIEW BOULDER WALL - ELEVATION VIEW WALL 3 (MAXIMUM BEARING PRESSURE = 1,500 PSF) 2 WALL 4 (MAXIMUM BEARING PRESSURE = 1,500 PSF) W6 (SCALE: I"=5'-0") W6 (SCALE: I"=5'-0") vicLer� Engineering & Consulting, LLC Post office P5ox 86 Grandy, MN 55029 Phone: 952-465-8272 www.vickeryeng.com ZOZ5 Vickery Engineering & Consulting, LLC, LEGEND NOTES X INDICATES CROSS-SECTION TO 1) GRADES SHOWN ARE APPROXIMATE, AND MAY VARY IN THE FIELD AT THE TIME WX BE USED (SEE SHEET W10) OF CONSTRUCTION. MINOR ADJUSTMENT OF THE TOP AND BOTTOM OF WALL ELEVATIONS IS PERMISSIBLE, PROVIDING THE CROSS -SECTIONS INDICATED ARE FOLLOWED. SEE SHEET WIO FOR CROSS-SECTION INFORMATION. PROPOSED BOULDER RETAINING WALLS 4745 NORTH SHORE DRIVE ORONO, MINNESOTA EAST WALL ELEVATION VIEW (CONTINUED 2) MINIMUM EMBEDMENT IS SHOWN ON THE CROSS -SECTIONS. EXTRA EMBEDMENT IS ALLOWED IF NEEDED TO ACCOMMODATE BOULDER SIZES. KALE: SHEET: OF: CLIENT: W 6 10 1 MR. MATT JASPER 5 2.5 0 5 10 1 HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR REPORT WAS PR ARE BY ME OR ER MY DIRECT SCALE: 1" = 5' SUPERVISION.A H A DU LICE SEOFESSIONAL ENGINEER DVR A Sp HE ST E MINNESOTA. REV: DATE: DESCRIPTION: VEC PROJECT N0: VEC 24-055 3 1 6/17/2024 PLANS REVISED BASED ON NEW SURVEY, DATE 6/17/2024 1 DRAWN BY: VEC 4 3/10/2025 ADDED WALLS 7 & 8 REVIEWED BY: RWV 5 1 4/16/2025 1 ADDED WALL 9 DATE: 1 4/15/2024 RONALD CKE `GrP DATE: 4/15/ REG. NO.: 24065 00 N N 2 W10 956 GRAIhE BEHIND WALL 956 955 -----1------4-------k -------------955 954 I I 954 ------ I ------------ I I 953 — — — --I OP-OfF-VAf-L- — --- fi------I------- r---953 952--4-- -k -------I-------952 \I 951 ---- —------------ 951 950� W BASE ":1 7 LL FINISHED RADE AT BAS �950 949 --- ------ ------------ 949 o O U-) o_ O Un o — N Ln N O O O O O O Q Q N c/) c/) BOULDER WALL - ELEVATION VIEW WALL 5 (MAXIMUM BEARING PRESSURE = 1,500 PSF (SCALE: I"=5'-0") vicLer� Engineering & Consulting, LLC Post office P5ox 86 Grandy, MN 55029 Phone: 952-465-8272 www.vickeryeng.com ZOZ5 Vickery Engineering & Consulting, LLC, 3 j 4 ) Z 3 ) � 2 W I O WIO W10 W10 962 -- -- I-- -- -- -- —r �OP��----- 962 961 -- --- I------ ---- — — WALL --------�961 960 — — — — -- 1 ------ 1 960 959 ___-- —SBADE ---- — --- ------ 959 958 — — — — I-- _BEHIND 957 --- — 1---- WALL—---1------�958 --tom L-----1------ 1 957 956 — --- 1 —j�7 �— &S���WA�L---956 955 — ---;;;1 — -------------------I------ 955 954 ----1------L------L------1------ 1 954 FINISHED GRADE AT BASE 1 1 953 ------I------7------r------I------- T953 952 ---- ------I----------------------I------- �--952 951 — — — — — --- -- — ----- -- F951 o O �n O o �n o — — N Ln N O O O O O O Q Q Q Q Q N c/) c/) BOULDER WALL - ELEVATION VIEW WALL 6 (MAXIMUM BEARING PRESSURE = 1,500 PSF (SCALE: I"=5'-0") LEGEND NOTES X INDICATES CROSS-SECTION TO 1) GRADES SHOWN ARE APPROXIMATE, AND MAY VARY IN THE FIELD AT THE TIME WX BE USED (SEE SHEET W10) OF CONSTRUCTION. MINOR ADJUSTMENT OF THE TOP AND BOTTOM OF WALL ELEVATIONS IS PERMISSIBLE, PROVIDING THE CROSS -SECTIONS INDICATED ARE FOLLOWED. SEE SHEET WIO FOR CROSS-SECTION INFORMATION. PROPOSED BOULDER RETAINING WALLS 4745 NORTH SHORE DRIVE ORONO, MINNESOTA EAST WALL ELEVATION VIEW (CONTINUED 2) MINIMUM EMBEDMENT IS SHOWN ON THE CROSS -SECTIONS. EXTRA EMBEDMENT IS ALLOWED IF NEEDED TO ACCOMMODATE BOULDER SIZES. KALE: SHEET: OF: CLIENT: W 7 10 1 MR. MATT JASPER 5 2.5 0 5 10 1 HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR REPORT WAS PR ARE BY ME OR ER MY DIRECT SCALE: 1" = 5' SUPERVISION.A H A DU LICE SEOFESSIONAL ENGINEER DVR A Sp HE ST E MINNESOTA. REV: DATE: DESCRIPTION: VEC PROJECT N0: VEC 24-055 3 1 6/17/2024 PLANS REVISED BASED ON NEW SURVEY, DATE 6/17/2024 1 DRAWN BY: VEC 4 3/10/2025 ADDED WALLS 7 & 8 REVIEWED BY: RWV 5 1 4/16/2025 1 ADDED WALL 9 DATE: 1 4/15/2024 RONALD CKE `GrP DATE: 4/15/ REG. NO.: 24065 a) N N 2 3 4 3 WIO 7WIO WIO WIO 938 I I I I � TOP OF WALL I I I I I 938 937 I rtLL fi t fi �937 t- GRADE 4HIND WALL - t- - 935 1 1 FMtSHE-D - ABE-AT BASE- 1 I I 1 935 934 1 I fi fi 1 �934 933 t- 1 = —� — — — — 1— — — — — --I — — �933 1 1 1 I I ------------------------- BASE OF WAL I � I I 931�1rt fi1rt fi1rt 1�931 930� �930 O O Ln O O — + Ln — + O Ln N N O Ln O Ln O Ln LC) + O t O O O t t O O t O t O t t O O t O t O Q Q N c/) BOULDER WALL - ELEVATION VIEW WALL 7 (MAXIMUM BEARING PRESSURE = 1,500 PSF (SCALE: I"=5'-0") vicLer� Engineering & Consulting, LLC Post office P5ox 86 Grandy, MN 55029 Phone: 952-465-8272 www.vickeryeng.com ZOZ5 Vickery Engineering & Consulting, LLC, LEGEND NOTES X INDICATES CROSS-SECTION TO 1) GRADES SHOWN ARE APPROXIMATE, AND MAY VARY IN THE FIELD AT THE TIME WX BE USED (SEE SHEET W10) OF CONSTRUCTION. MINOR ADJUSTMENT OF THE TOP AND BOTTOM OF WALL ELEVATIONS IS PERMISSIBLE, PROVIDING THE CROSS -SECTIONS INDICATED ARE FOLLOWED. SEE SHEET WIO FOR CROSS-SECTION INFORMATION. PROPOSED BOULDER RETAINING WALLS 4745 NORTH SHORE DRIVE ORONO, MINNESOTA EAST WALL ELEVATION VIEW (CONTINUED 2) MINIMUM EMBEDMENT IS SHOWN ON THE CROSS -SECTIONS. EXTRA EMBEDMENT IS ALLOWED IF NEEDED TO ACCOMMODATE BOULDER SIZES. KALE: SHEET: �� OF: I 0 CMRN MATT JASPER 5 2.5 0 5 10 1 HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR REPORT WAS PR ARE BY ME OR ER MY DIRECT SCALE: 1" = 5' SUPERVISION.A H A DU LICE SEOFESSIONAL ENGINEER DVR A Sp HE ST E MINNESOTA. REV: DATE: DESCRIPTION: VEC PROJECT N0: VEC 24-055 3 1 6/17/2024 PLANS REVISED BASED ON NEW SURVEY, DATE 6/17/2024 1 DRAWN BY: VEC 4 3/10/2025 ADDED WALLS 7 & 8 REVIEWED BY: RWV 5 1 4/16/2025 1 ADDED WALL 9 DATE: 1 4/15/2024 RONALD CKE `GrP DATE: 4/15/ REG. NO.: 24065 0 M N W10 �Wjo 939 938 �- - - - - - - --- T-O�DF-WA --- � ------+-------------- - - F - ]- - - - -- I- - - - -- 939 938 937 936 F-- 1 - -- 1------1 - - - ---�---- -q-RADA-BEHtN-DrWAtC--- - - 1------ - - - - - - 937 936 935 - - - - - - - --- -- I------+------------ - - - 935 934 - - - - - -- ------------L-----� — — 934 J__-----�1- 932--------�--- F4N�S4FE�-GRA$E+AT-BASE---�_BASE-OF-W. LL_----+--932 931--�----------- ---------- - - - ---- ------t-931 o Ln O O o Ln — — o N Ln o N K0 O O O O O O O Q Q Q Q Q Q Q BOULDER WALL - ELEVATION VIEW WALL 8 (MAXIMUM BEARING PRESSURE = 1,500 PSF (SCALE: I"=5'-0") vicLer� Engineering & Consulting, LLC Post office P5ox 86 Grandy, MN 55029 Phone: 952-+65-8272 www.vickeryeng.com ZOZ5 Vickery Engineering & Consulting, LLC, 2 W10 943 -----IQPQF WA__ GRADE BEHI D -- - r 1 943 942 WA�L ----- 4-- - ----------------942 1 941------ ---- ---L------1------ 941 939 ------ -- �_---------------939 938 -- ------L------1------ FINISHED AT BASE 1 938 937�---- _ _I BASE OF WALL ----------1- - T - - - - - - 937 936 - - ---1 - - - - - - -- - - - - - - -- - - - - - - I - - - - - - 936 -----------------------�935 o O Ln O o — Ln — o N Ln N O O O O O O Q Q Q Q Q Q BOULDER WALL - ELEVATION VIEW WALL 9 (MAXIMUM BEARING PRESSURE = 500 PSF; (SCALE: I"=5'-0") LEGEND NOTES X INDICATES CROSS-SECTION TO 1) GRADES SHOWN ARE APPROXIMATE, AND MAY VARY IN THE FIELD AT THE TIME WX BE USED (SEE SHEET W10) OF CONSTRUCTION. MINOR ADJUSTMENT OF THE TOP AND BOTTOM OF WALL ELEVATIONS IS PERMISSIBLE, PROVIDING THE CROSS -SECTIONS INDICATED ARE FOLLOWED. SEE SHEET WIO FOR CROSS-SECTION INFORMATION. PROPOSED BOULDER RETAINING WALLS 4745 NORTH SHORE DRIVE ORONO, MINNESOTA EAST WALL ELEVATION VIEW (CONTINUED 2) MINIMUM EMBEDMENT IS SHOWN ON THE CROSS -SECTIONS. EXTRA EMBEDMENT IS ALLOWED IF NEEDED TO ACCOMMODATE BOULDER SIZES. KALE: SHEET: �^ OF: I 0 CMRN MATT JASPER 5 2.5 0 5 10 1 HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR REPORT WAS PR ARE BY ME OR ER MY DIRECT SCALE: 1" = 5' SUPERVISION.A H A DU LICE SEOFESSIONAL ENGINEER DVR A Sp HE ST E MINNESOTA. REV: DATE: DESCRIPTION: VEC PROJECT N0: VEC 24-055 3 1 6/17/2024 PLANS REVISED BASED ON NEW SURVEY, DATE 6/17/2024 1 DRAWN BY: VEC 4 3/10/2025 ADDED WALLS 7 & 8 REVIEWED BY: RWV 5 1 4/16/2025 1 ADDED WALL 9 DATE: 1 4/15/2024 RONALD CKE `GrP DATE: 4/15/ REG. NO.: 24065 T_ M N NOTE: ALL BOULDER SHAPES SHOWN ARE FOR DETAILING PURPOSES ONLY. ACTUAL BOULDER SHAPES MAY VARY TOPSOIL III= GREATLY IN THE FIELD. BOULDER SIZES SHOWN ARE MINIMUM III III DEPTH OF THE BOULDER, AND THE DEPTHS SHOWN IN THE 12-INCH OULDER CROSS -SECTIONS SHOULD BE CONSIDERED MINIMUM DEPTHS MIN. 18-INCH BOULDER MY�RAFI TYPE 140N INTO THE SLOPE (PERPENDICULAR TO THE WALL FACE). 3-0.. ( R EQUAL) I'-0" - \\ BOULDER HEIGHTS MAY VARY. 24-INCH -III BOULDER FREE -DRAINING 12" MINIMUM OF (MIN) - \ -AGGREGATE 30-INCH -�-1 III —III—I II II II II 1- 12-INCH 18-INCH 24-INCH BOULDER BOULDER BOULDER BOULDER PROPOSED BOULDER WALLS 2 UP TO 3-FOOT WALL SECTION WIO (SCALE 3/8"=I'-0") 36-INCH 42-INCH 48-I NCHBOULDER BOULDER BOULDER TOPSOIL ', , ', III 11111111 IB-INCH �\/� —11— I — BOULDER I0° �1— —III—III— MIN. 24-INCH-MIRAFI TYPE 140N �- 54-INCH 60-INCH BOULDER (OR EQUAL) BOULDER BOULDER 4 0 III III 12" MINIMUM OF- 30-INCH I FREE -DRAINING I'-0.. III \// BOULDER I -AGGREGATE (MIN) II 1 J11 111 II1 PROPOSED BOULDER WALLS BOULDER DESIGNATIONS WIO (NOT TO SCALE) vic6r,q E_ngineering & Consulting, LLC Post Office 50X 86 Gr..J,g, MN 55029 hone: 952-9-65-8272 www.vicLer,geng.com © ZOZS Viciccr E-nginccnng & C-5ultin& LLC PROPOSED BOULDER WALLS 3 UP TO 4-FOOT WALL SECTION WIO (SCALE 3/8"=I'-0") PROPOSED BOULDER RETAINING WALLS 4745 NORTH SHORE DRIVE ORONO, MINNESOTA SECTIONS AND DETAILS REV: DATE: DESCRIPTION: 3 6/17/2024 PLANS REVISED BASED ON NEW SURVEY, DATE 6/17/2024 4 3/10/2025 ADDED WALLS 7 & 8 5 4/16/2025 ADDED WALL 9 TOPSOIL 24-INCH BOULDER 10° 30-INCH1(1110 AFI TYPE 140N— MIN. BOULDER EQUAL) - 5'-0° I I 111111 12" MINIMUM OFI 36-INCHFREE-DRAINING -_ BOULDERAGGREGATE I'-0" - (MIN)I1III1IIlIIIII 11 11 111 — PROPOSED BOULDER WALLS 4 UP TO 5-FOOT WALL SECTION W10 (SCALE 3/8"=I'-0") 6„ 1'-6'� SIDE VIEW 4'-0"� TOP VIEW 6" 4'-0"mil f FRONT VIEW 4" OVERLAP (TYPICAL) PROPOSED BOULDER WALLS 5 BOULDER STEP INSTALLATION WIO (SCALE 3/8"=I'-0") CALE: 0 1 I I AS VERIFY LINE ABOVE MEASURES I -INCH. IF IT DOESN'T, ADJUST SHOWN SCALE ACCORDINGLY VEC PROJECT No: VEC 24-055 DRAWN BY: VEC REVIEWED BY: RWV DATE: 4/15/2024 1F1 IMr PAn SHEET: OF: CLIENT: W I 0 10 CLIENT: MATT JASPER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR REPORT WAS PR ARE BY ME OR ER MY DIRECT SUPERVISION A H A 1DU LICE _E OFESSIONAL ENGINEER D�P. A Sp1� HE ST E MINNESOTA. RONALD ICKE DATE: 4/15/za2z REG. No.: 24065 Mop\! Sc ec� MIS+ire \ \\ WALL 6, STA. 0+18 —, \\ WALL 5, STA. 0+00 \ WALL 6, STA 0+00 —`-` \ WALL 5, STA 0+14 WALL 4, STA. 0+00 WALL 4, STA. 0+10 WALL 3, STA. 0+00 r— WALL 3, STA. 0+14 \\ WALL 2, STA 0+00 \ WALL 2, STA. 0+22 \\` WALL 7 /� e \ STA. 0+54 — \ WALL 7, STA 0+00 Vlckcr� F n ineennp & ConsultinP& LLC Post orrice box 86 Grandy, MN 55o29 phonc 052-465-8272 www.vicker.geng.coni .ov V.�Loy e„y„«.,,,gs CPjbns L I c Wc, I ► (— 1�K�„ck� 61�c (,<�Ss Scrti� e�,, .c� �n/41l V. IC5 G bGVC- �\( W (A 11 1 — �o r S y � l h � ►�0 S+G' S � e Iv �,i WG \ j,,/�,►l S- F�rsy kl��t s Nis+h`S >,e IOW well W IIS� SvY ✓rM5 wY,o �e L.J CA I l,Jc,ll 1- 4^5 w� rl vr'c5 vc WALL 8, STA 0+00 WALL I, STA 0+00 PROPOSED BOULDER RETAINING WALLS 4745 NORTH SHORE DRIVE ORONO. MINNESOTA REV I DATE I DESCRIPTION 2 1 6/14/2024 1 REVISED LOCATION SKETCH TO NEW CONFIGURATION It i AV 1`14 WALL 8, STA 0+30 �►ioll KALE 0 I I I NONE VERIFY LINE ABOVE MEASURES I -INCH IF IT DOESN'T, ADJUSI SCALE ACCORDINGLY VEC PROJECT No VEC 24-055 DRAWN BY I VEC 3 1 6/17/2024 1 PLANS REVISED BASED ON NEW SURVEY, DATE 6/17/2024 IREVIEWED BY RWV 4 1 3/10/2025 1 ADDED WALLS 7 6 8 IDATE 4/15/2024 \ \ \ \ \ \ \ \ \ \ \ WALL I, STA. 1+12 SHEET OF CLIENT W 3 10 1 MR MATT JASPER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIONS, OR REPORT WAS PR RE BY ME OR ' ER MY IRECT SUPERVISION A H A DU LIC SED OFESSIONAL ENGINEER D R A S HE ST E MINNESOTA RONALD' �CK DATE 4/15/ REG, NO 24065 232 A rp 4 LOT NlJM !BER m a 3.7,A-0110A 4erTti- 20-41-40.2 �f� PURE SEED-COMPONgNT �� a�i Tl ri I 1 $8.$� SWORD HAR-D FESC-1E 0R 29.78 8RFTTANY 3 C�EWlM� FFZ��l�� } OTHER JAfGREDrtp4r:s 0.04 OTFiER C.Rop �`N w� S WEFID SEA pv L '�b 1.23 JNER7 MATTER NONE FOUND 0.4)C 'EEID SEED NET WEIGHT- ITT DATE TESTED. 0212 : E i N w w AGENDA ITEM Date: June 9, 2025 Title: Stubbs Bay Lake Improvement District Public Hearing Presenter: Maggie Jin, Finance Director Section: Public Hearing Item: 12 Purpose: The purpose of this item is to hold a public hearing for the establishment of a lake improvement district for Stubbs Bay, and to consider the establishment of the Stubbs Bay Lake Improvement District. 2. Background: At the April 14, 2025, Council meeting, Lake Minnetonka Association Director Eric Evenson and Stubbs Bay resident and bay captain Karena Casey gave an informational presentation requesting the set-up of a lake improvement district on Stubbs Bay. The lake improvement district would allow a steady stream of funds to be collected to allow for improvements to the lake in Stubbs Bay. The set-up of the district would allow funding to be collected by tax levy, by utility bills or by bills sent via the lake improvement district itself. The preferred method would be by tax levy. At the May 12, 2025, Council meeting, the City Council set a public hearing on the establishment of the Stubbs Bay Lake Improvement District for June 9, 2025. Notices of the hearing was published in the newspaper on May 24 and May 31, each property owner affected have been sent a notification of this public hearing, and LMCD, MCWD, DNR, and other state agencies have been notified. In order to set up a lake improvement district, a petition has to be signed by the majority of the affected property owners in the district. Karena Casey, who is the bay captain, has put in tremendous efforts to get the required amount of petition signatures. The petitions has been received for the establishment of the Stubbs Bay Lake Improvement District. The state law concerning lake improvement districts requires the City Council to hold a public hearing within 30 days of the certification of a petition for the establishment of a Lake Improvement District which is signed by a majority of the property owners in the district. The petition for the Stubbs Bay Lake Improvement District has been signed by 48 property owners out of a total of 68 property owners. The petition received to date have been verified by staff and has enough signatures. Per Minnesota State Statute 103B.521, it is required that a majority (51%) of property owners within the proposed lake improvement district sign the petition; to date, over 70% have signed. As required by state law, the Minnesota Department of Natural Resources (DNR) has reviewed the request to establish the Stubbs Bay Lake Improvement District and has approved the proposed boundaries identified in the resolution and has certified that the information provided meets the requirements of lake improvement district statutes and rules. If the City Council establishes a lake improvement district, the district does not become effective 234 until 30 days after the resolution is published. State law provides that if the City Council establishes a lake improvement district and if a petition is received from at least 26 percent of the property owners within the lake improvement district, that the establishment of the district would be stayed until a referendum is held allowing all affected property owners to vote on the establishment of the lake improvement district. The referendum must be held in the following July or August. If the District is established by the City Council, at any time in the future a petition signed by at least a majority of the property owners will require the City Council to hold a public hearing to consider the termination of the District. The next process is for Council to make a motion to hold a public hearing for the establishment of the lake improvement district. After the public hearing occurs, the Council can approve or deny the establishment of the Stubbs Bay Lake Improvement District. In order to certify the levy for tax year 2026, the district must be established by July 1 st. 3. Cost: The initial cost of setting up the lake improvement district involves staff time to meet with the district organizers to assist with proper procedures, putting council packet items together, reviewing petitions and other administrative tasks. The ongoing cost of the lake improvement district is minimal with staff time to certify the assessment roll to the levy and adding yearly information on the City website. The cost of treating Stubbs Bay will be paid through a levy by the property owners. The funding will not begin until taxes payable in 2026. 4. Staff Recommendation: Staff recommends that City Council hold the public hearing and determine if the Stubbs Bay Lake Improvement District should be established. The petitioners have met the requirements necessary for the establishment of a LID. COUNCIL ACTION REQUESTED 1. Motion to accept the Certified Petition for the establishment of the Stubbs Bay Lake Improvement District. 2. Motion to approve the resolution establishing the Stubbs Bay Lake Improvement District. 3. Motion to appoint the Initial Board of Directors for the Stubbs Bay Lake Improvement District. OR 1. Motion to deny the establishment of the Stubbs Bay Lake Improvement District. Exhibits A. Resolution 7594 B. DNR Lake Vegetation Management Plan C. Carman Bay LID Letter of Support and Example of CBLID Report D. North Arm Bay Captains Letter of Support E. LMA Letter of Support F. Petition Certification G. Email from Orono LMCD rep -Rich Anderson H. DNR Stubbs Bay LID Advisory Report Final I. Stubbs Bay Watershed Map J. Emails and Letters in opposition to the Stubbs Bay Lid K. Emails and Letters in Support of LID 235 L. SBLID proposed Board of Directors K. LMCD Letters about Stubbs Bay Lake Improvement District 236 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL N0.7594 A RESOLUTION APPROVING THE ESTABLISHMENT OF THE STUBBS BAY LAKE IMPROVEMENT DISTRICT WHEREAS, the Orono City Council may agree the establishment of a lake improvement district under Minnesota statute section 10313.515; and WHEREAS, the Orono City Council must adopt a resolution to establish a lake improvement district; and WHEREAS, the resolution must: (1) Specify the boundaries of the district, which shall be encouraged to be as consistent as practical with natural hydrologic boundaries; (2) Prescribe the water and related land resource management programs to be undertaken in the district; (3) State how the programs will be financed; (4) Designate the agency that will be responsible for supervising the programs; and (5) Specify the number, qualifications, terms of office, and method of election, removal, and filling of vacancies of the Board of Directors, including a method for property owners not present at the annual meeting to participate in the election of the district board. NOW, THEREFORE, BE IT RESOLVED that city council of Orono, Minnesota hereby intends to establish a Stubbs Bay Lake Improvement District (SBLID) and that: (1) The boundaries of the SBLID shall be as shown on the Exhibit C map (attached). This boundary is consistent with the natural hydrologic boundaries of the bay and includes all properties that have lake rights to Stubbs Bay, Lake Minnetonka. (2) The water and related land resource management programs to be undertaken in the SBLID to include prevention and management of aquatic invasive species per the Proposal, (attached) which outlines the water and related land resource management program to be undertaken. (3) The prevention and management program will be financed by a levy on the property owners in the district plus grants and gifts. The actual levy and its distribution will be approved by the Stubbs Bay Lake Improvement District Board of Directors at their annual meeting which will be in July or August of each year and all property owners will be notified of the meeting. The estimated cost to treat Stubbs Bay is estimated to be $20,000 to $30,000 per year plus lake monitoring, administrative costs and spot treatments in any non -treatment years. Exhibit B (attached) shows the proposed budget for the SBLID for 2026. (4) The City of Orono shall oversee the operation of the SBLID. 237 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL N0.7594 (5) The Board of Directors of the Stubbs Bay Lake Improvement District shall consist of 7 members serving 2-year terms except for the initial 7 members which shall include 4 members for 3-year terms and 3 members with 2-year terms. The initial members shall be appointed by the City Council with subsequent members elected at the annual meeting of the SBLID. The initial and all subsequent Board of Directors must include persons owning property within the district, and a majority of the directors must be residents of the district. All Stubbs Bay affected property owners at the annual meeting shall be allowed to vote. Property owners who cannot attend may submit their vote by mail which must be received by the City of Orono before the start of the Annual Meeting. Vacancies on the Board of Directors shall be filled by a vote of the remaining Board members. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Orono that the Mayor is authorized to send a copy of this resolution to the Department of Natural Resources Commissioner, the Minnehaha Creek Watershed District Board of Managers, the Lake Minnetonka Conservation District Board, the Secretary of State, and the Minnesota Pollution Control Agency. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Orono that this resolution shall be effective 30 days after it is published in the official newspaper of the City of Orono. Adopted by the City Council of Orono, Minnesota at a regular meeting held on June 9, 2025. ATTEST: CITY OF ORONO Christine Lusian, City Clerk Bob Tunheim, Mayor 238 Stubbs Bay Lake Improvement District Proposal The following information has been submitted to the Minnesota Department of Natural Resources (DNR) on April 28, 2025, for their consideration as the citizens of the Stubbs Bay Lake Improvement District, with the cooperation of the City of Orono, to move forward to establish the proposed Stubbs Bay Lake Improvement District (SBLID) in accordance with Minnesota Rules 6115.0970. A written statement of lake problems and objectives: Eurasian watermilfoil (EWM) and curlyleaf pondweed (CLP), both, non-native, invasive plants, have been problematic in Stubbs Bay for several decades. These two plants can reduce the diversity and abundance of native plants and therefore diminish the health of the bay. As well, these plants interfere with boating, swimming, recreation, and enjoyment in the bay. CLP can also adversely affect water quality. Other invasive species, e.g. flowering rush and starry stonewort, are found in nearby waterbodies and pose a risk of being introduced into Stubbs Bay. It is the intent of the SBLID to treat any invasive plant or animal that adversely effects the recreation, water quality, and ecological health of Stubbs Bay. Stubbs Bay residents, in coordination with the Lake Minnetonka Association (LMA), PLM Lake Management, and the Minnesota Department of Natural Resources (DNR) have developed a Lake Vegetation Management Plan (LVMP) (Exhibit A). In 2024, about 15-percent of the littoral area in Stubbs Bay was treated to control of Eurasian watermilfoil/curlyleaf pondweed. In 2025, the Stubbs Bay LVMP was approved and allow for the springtime treatment for CLP and a whole bay treatment for CLP/EWM to be done a fall 2025/spring 2026. Bay -wide treatments have proven to be effective in controlling Eurasian watermilfoil and curlyleaf pondweed in nearby bays and have plant surveys that show the diversity and abundance of native plants have improved in these bays without compromising water quality or aquatic life. The SBLID will design its LID to be consistent with the Carman Bay and St. Albans Bay LIDS. The Stubbs Bay treatments will build off the foundation established by the Lake Minnetonka Milfoil Project which was conceived in 2006 and refined over almost two decades of successful treatments on bays in Lake Minnetonka. The Lake Minnetonka Milfoil Project was done in a partnership with the US Army Corps of Engineers and the DNR to assess new technologies and approaches for large-scale selective herbicide treatments to control and combat EWM. The majority of the costs for the Stubbs Bay treatments have been and continue to be voluntarily borne by the bay residents. In 2024, Stubbs Bay received an invasive species management grant from the LMCD. A Lake Improvement District (LID) has been proposed to more equitably, efficiently and reliably fund and administer this program. Other aquatic invasive species (AIS), those now in the bay as well as those which may be introduced in the future, pose threats to the bay's health and recreation and are therefore a concern. Zebra mussels are found in the bay and while research to control them shows promise, there are no known controls available yet. Once a proven treatment for zebra mussels is identified, the LID will consider programs to control zebra mussels. If other invasive plants, animals, or pathogens are found in Stubbs Bay, the SBLID will determine the best course of action to address them on a case -by -case basis. After EWM and CLP are under control, the LID will consider programs and collaborations that further improve water quality. 239 The Minnehaha Creek Watershed District classifies Stubbs Bay water quality as "poor." The bay is impaired for excess nutrients due to phosphorus loading. This impairment results in nuisance algae blooms that limit the recreational use of this water body. Minnetonka -Stubbs Bay Total Phosphorous {TP} Annual Average E n s" v r Total Phosphorous (R)15 Year Average 0.049 mg/1 Poor 0 Chlorophyll -a (CHLA) Annual Average 140 120 100 80 0 so V 40 v r Chlorophylls (CH LA)15 Year Average 34.40 pg/1 Poor Water Clarity (SD) 0 Annual Average `E a U 8 Water Clarity (5D)15 Year Average 1.03 m Poor Minnetonka -Stubbs Bay water quality data is available at the MPCA for download through the MPCAweb data portal. Figure 1. Stubbs Bay WaterQualiiy (MCW/D) External phosphorous loading into Stubbs Bay has been reduced by protection of upland wetlands, storm water management regulations, conversion of land in the Stubbs Bay watershed from agricultural to residential and by projects done by the City of Orono and the Minnehaha Creek Watershed District in the early 2000's. While more phosphorous loading models may be needed, it is believed the primary reason for the high phosphorous levels in the bay is internal loading. The SBLID will consider the development of water quality studies/plans or the implementation of water quality improvement projects (e.g. phosphorous sequestration) as part of a comprehensive approach to bay management. Such projects would likely require grant funding and/or a financial partnership with a governmental organization such as the MCWD or the LMCD. In accordance with Minnesota statutes, section 103B.571, for all projects proposed by the SBLID with a cost in excess of $5,000; a published notice and written notice shall be mailed at least ten days in advance to SBLID property owners and required local and state entities. Problems: 1. Eurasian watermilfoil, curlyleaf pondweed, and other AIS diminish the health of and interfere with recreation in Stubbs Bay. 2. Other AIS, including flowering rush, starry stonewort, and spiny water flea, may become established in Stubbs Bay are likely to have adverse impacts to the health and enjoyment of the bay. 3. Water quality in the Stubbs Bay is impaired for excess nutrients due to phosphorus loading. This impairment results in nuisance algae blooms that impact the ecological health and limit the recreational use of this water body. Objectives: 240 1. Eurasian watermilfoil, curlyleaf pondweed, and flowering rush will be controlled as specified in the proposed LUMP. 2. Native plants and water quality will be maintained or improved as specified in the proposed LVMP. 3. Monitor and assess impacts of additional AIS and consider feasible controls when needed and appropriate. 4. Water quality improvements will be considered as part of a comprehensive approach to bay management. Such undertakings may require grant funding or financial support or a partnership with organizations such as the Minnehaha Creek Watershed District or the LMCD. The proposed type or types of water and land related resource management projects to be undertaken by the proposed district. This shall include a detailed statement of intended studies, management programs, remedial actions and construction projects. The initial and primary management project of the LID will be to continue the Eurasian watermilfoil and curlyleaf pondweed control programs under a LVMP, including the required treatments, monitoring, and assessments. The LID will cooperate with the LMA on efforts to monitor for starry stonewort and will consider programs and/or collaborations with local or state agencies to control other AIS based on viability of success and need in Stubbs Bay. There are no land -management projects are planned. Once EWM and CLP is under control, the SBLID will consider treatments to improve the clarity of Stubbs Bay. While internal loading is believed to be the primary source of phosphorous in the lake, additional studies may be needed to better quality the amount of external vs. internal loading. Most likely, water quality studies and programs would require grant funds and/or technical and financial participation from other sources. Details provided in Exhibit A. - A statement of the means by which the programs will be financed: See Exhibit B. SBLID sample budget and estimated assessment Homeowners with deeded or direct access to Stubbs Bay will be assessed and amount set annually by the Board of Directors. - A map showing the boundaries of the proposed LID: See Exhibit C..Stubbs Bay Lake Improvement District Map. The boundaries of the LID are intended to include all properties with direct and deeded access to the bay. As information becomes available, the SBLID map will be updated to include up-to-date information on properties with direct or deeded access to the bay, including: land transfers, lot splits or combustions, new or updated deeded easements, missed parcels, etc. - The number of directors proposed for the district. Five (5). See Exhibit D for candidates who are interested in being involved in managing the LID. - Timeline A timeline to meet city obligations for establishment of the Stubbs Bay LID is included as Exhibit E. This timeline will allow the LID to meet assessment deadlines needed to fund 2026 LID activities. 241 Any information indicating the degree of local interest and commitment to future management: Over the past several months, the Stubbs Bay LID organizers have campaigned to educate and garner support from property owners on the Bay regarding the proposed LID. Education efforts include notifying all of the residents in the proposed LID via mail and by e-mail (for those willing to share their e-mail addresses). A web site has been established (www.stubbsbay.org) and a Stubbs Bay public information meeting was held on April 14, 2025 before the Orono City Council. Several follow up e-mails have been sent and many one-on-one conversations held. The organizers have also met and communicated with city staff on the process and deadlines needed to establish a LID. Homeowners on Stubbs Bay have already made a sizeable investment to control EWM and CLP in the bay. Over $30,000 has been raised through voluntary contributions for a bay wide treatment in 2025. To protect this initial investment, Stubbs Bay LID organizers have explained to homeowners that additional spot treatments and monitoring will be needed and how a LID will provide an equitable and sustainable way to provide for on -going AIS control in Stubbs Bay. The Stubbs Bay Lake Vegetation Management Plan authorizes a 5-7-year variance from time of signing to perform herbicide treatments greater than 15% of the littoral area with herbicides to control EWM/HWM/CLP. - Stubbs Bay Lake Improvement District Petition: To date, almost 66% of the homeowners in the proposed LID have signed the petition for a Stubbs Bay LID. Over the next few months organizers will seek additional signatures. It is important to note, several properties on Stubbs Bay are owned by individuals whose properties are managed by LLCs, attorneys, or management companies that restrict the ability to connect with the property owner. See Exhibit F. Copies of local ordinances that regulate the use of the lake or any public access: The Stubbs Bay LID will operate in compliance with all local ordinances (including those of the City of Orono, LMCD, and MCWD) that govern the use of Stubbs Bay and public accesses. Links to applicable local regulations are listed in Exhibit G, Local Ordinances. There are currently no local ordinances that would limit, control, or otherwise regulate any anticipated AIS or water quality improvement programs that may be undertaken by the Stubbs Bay LID. Should local ordinances or Stubbs Bay LID programs change, all the LID will seek all required authorizations and will operate in compliance with local and state requirements. All of the properties in the Stubbs Bay LID are located in part of the City of Orono zoned either LR-1A or LR-1B. The LR-1A one -family lakeshore residential district is intended to provide a district which will allow a combination of low -density residential development and limited agricultural activity. The LR-1B one -family lakeshore residential district is intended to provide a district which will allow a combination of medium -density residential developments and limited agricultural activity. All properties in LR-1A and 1B are subject to the City of Orono Code Title VI, Chapter 78, Zoning Regulations (which includes: Lakeshore Residential Districts, Floodplain Management, and Shoreland Management). The properties in the Stubbs Bay LID are also subject to City of Orono Code, Chapter 94, Waterways (which includes: docks, marinas, and related lake structures). Mzya - The identification of any lands and waters which may be adversely affected by the implementation of District purposes, and a preliminary assessment of these adverse effects: No adverse effects to lands and waters are anticipated. The identified problems and stated objectives in the LID proposal aim to control the adverse effects of AIS in Stubbs Bay. Treatments of Eurasian watermilfoil and curlyleaf pondweed are done with herbicides registered by the United States Environmental Protection Agency and Minnesota Department of Agriculture and have been permitted by the Minnesota Department of Natural Resources. The products and methods used have occurred within a strict regulatory milieu, which is designed to minimize likely adverse effects and unintended consequences. Therefore, rather than causing or increasing adverse effects, the proposed LID will more likely control and decrease adverse effects. Other bays on Lake Minnetonka with similar treatment program have seem long-term improvements in the diversity and density of native pant communities. Treatments will only be done by experienced professionals licensed by the Minnesota and certified with the MnDNR. Plant surveys will be conducted by independent aquatic plant specialists. While not prohibited in Minnesota, no product using glyphosates will be used. Should the LID employ other products or methods to control Eurasian watermilfoil and curlyleaf pondweed or other AIS, of for water quality improvements, it will occur with the same regulatory oversight. Therefore, adverse effects to land or water are not anticipated. As the LID considers or proposes modifying the current Eurasian watermilfoil and curlyleaf pondweed control program or any control programs for other AIS, detailed assessments of possible adverse effects to lands and waters will be provided as required or appropriate. - A statement outlining the adequacy and ownership of public accesses, including public lands and beaches: The City of Orono owns a lot off Bayside Road (CR 84 - see map) and rents out four boat slips to Orono residents. It also operates a municipal dock at the end of Stubbs Bay Road. There are also fire lanes owned by the City of Orono that may be used for public access located at the end of Eastlake Street and Westlake Street. However, the nature of the accesses would be limit them to walk on uses. Stubbs Bay is a popular destination for anglers, wake sport enthusiasts, and boaters from across the he entire metropolitan area. While boaters may come from any of the public accesses on the lake, they most likely come from the North Arm or Maxwell Bay locations. 243 Figure 2, City property and docks located on Stubbs Bay - An estimate of the total equalized valuation of the property within the district: $196,895,500 (2025) - Any other information demonstrating accordance with the criteria and standards for establishment as laid out in 6115.0960 The regulation of activities on Lake Minnetonka below the OHW is controlled by the Lake Minnetonka Conservation District and the Minnehaha Creek Watershed District See Exhibit H, Letters of Support (more letters will be added as they arrive) Lake Minnetonka Association Letter of Support Lake Minnetonka Conservation District Letter of Support MCWD Letter of Support Carmans Bay LID Letter of Support North Arm Bay Letter of Support 244 Exhibit A, Stubbs Bay Lake Vegetation Management plan Included as an attachment to this e-mail and below. file: / / /C: /Users /ric /AppData/Local/Microsoft/Windows /INetCache /Content.Outlook/ 9XP5FARM/Stubbs%20Bay Minnetonka %20LVMP%202025 FINAL.pdf 245 Exhibit B, SBLID sample budget and estimated assessment. Proposed 2026 Stubbs Bay LID Budget Revenues 2026 Property Tax Resolution #XXXX 11,872 Grants/donations 0 Total Revenue 11,872 Expenditures Delineation Survey - Curlyleaf Pondweed 0 Delineation Survey - Eurasian Watermilfoil 0 Aquatic Plant Survey (Point Intercept Survey) (3,000) Treatment — Whole Bay (2 bumps)* (10,000) *1st treatment in late fall2025 (paid in 2025 2 bumps in 2026 paid by LID) Lake Minnetonka Association — Program support 0 Board and Annual Meeting space (50) District PO Box Rental (72) Administrative Expenses - (printing, postage, public notice ad) (250) Accounting Services 0 Insurance (900) Total Expenditures (14,272) Revenue Over / (Under) Expenditures (6,000) Estimate Cash Balance December 31, 2025 6,000 Cash Balance December 31, 2026 X 246 Exhibit C, Stubbs Bay Lake Improvement District Map* Hennepin County Locate & Notify Map M L7-JMr Vie: 1 2aO Fw_• Map -s wdrrignul: I■■ ■ I 1 1 I I . .hie Mr:G �.���ti Q��.�.•. N� �� b �r.rr��er r� .. d_r s � iM 0—!.Wb Oh—Wk W %Y7 lbub4p_ r *The boundaries SBLID map is intended to include all properties with direct and deeded access to the bay. As information becomes available, the SBLID map will be updated to include up-to-date information on properties with direct or deeded access to the bay, including: land transfers, lot splits or combustions, new or updated deeded easements, missed parcels, etc. 247 Exhibit D, Stubbs Bay LID Members Interested in an Appointment to the LID Board Proposed Board of Directors for SBLID Lee Harren leeharrenkgmail.com 175 Bayside Rd Karena Casey karenacasey@mchsi.com, 255 Bayside Rd Plus 3 from this list of candidates: Ray Bernal rybernal@frontier.com 3775 Bayside Rd John Erickson johnrosserickson@aol.com, 865 Partenwood Rd Asim Gul sasimgul@gmail.com, 855 Partenwood Lane Mark Johnson markjohnson_ms@msn.com, 555 Oxford Road Bruce Lea brleal@outlook.com, 740 Tonkawa Rd Jennifer Leikikh jleikikh@comcast.net, 495 Oxford Rd Barb McCreight barti432@aol.com, 692 Tonkawa Rd Matthew Walter mwalter@hrii.com, 746 Tonkawa Rd Bob Ryan bobryan@ryanautomall.com, 3625 Eileen Street Marcel Smits marcel_smits@me.com, 3345 Fox Street Ted Spooner Tspooner@aol.com, 700 Tonkawa Rd John Thiesse johnthiesse@gmail.com, 3855 Bayside Rd Brent Teele teelel2@yahoo.com, 356 West Lake Steet 248 Exhibit E, LID Timeline from the City of Orono to form the Stubbs Bay LID April 14`' Council Meeting — Present information about Stubbs Bay LID and request for input from council May 5" — Send City initial majority petitions to verify and certify May 12' Council Meeting — City formally accepts (or rejects) signatures on petition, petition and proposal in order to move forward with a public hearing notices May 13' at 10 am — Send Public Hearing notice to the newspaper for May 17`' edition May 20' at 10 am — Send Public Hearing notice to the newspaper for May 24`' edition June 2°d — Send City items to include in the June 9`' Council meeting June 9`' Council Meeting— tentative date for Public Hearing (must fall within 30 days of complete petition/proposal) and Council to accept the certified petition and approve resolution establishing the LID (June 23' backup date). Must also have approval by DNR at this time. July 1" — Deadline for City to send information to County to establish LID in order to certify to 2026 property tax roll. See MN State Statute 275.067. 249 Exhibit F, Stubbs Bay Lake Improvement District Petition. Direct Link: www.stubbsbay.org Stubbs Bay Lake Improvement District Petition PETITION FOR THE ESTABLISHMENT OF A LAKE IMPROVEMENT DISTRICT To the City of Orono: The undersigned property owners are requesting the City of Orono establish the "Stubbs Bay Lake Improvement District" (SBLID) as proposed below. The SBLID is needed to provide an equitable and stable ongoing funding for Stubbs Bay residents to improve water quality and manage existing aquatic invasive species (AIS), such as Eurasian watermilfoil and curly leaf pondweed in Stubbs Bay, and be positioned to deal with future AIS threats. Voluntary small-scale treatments in past years have been successful but bay -wide management now needed to control Eurasian watermilfoil, curly leaf pondweed and improve water quality in Stubbs Bay. Absent these treatments, Eurasian watermilfoil and other invasive plants will dominate Stubbs Bay to the detriment of property values, recreational water activities, water quality, lake health, and appearance. The benefits to the property owners, as well as outside users of Stubbs Bay from the proposed SBLID would be improved recreational uses of the Bay, a return to its natural appearance, and providing a healthy Bay for native aquatic species. As stated, the SBLID is needed to provide an equitable and stable source of funding to help continually manage towards a healthier Bay. The proposed boundaries of the SBLID are properties with direct or deeded access to the Lake or its coves/channels beginning with the parcel located directly west of the Stubbs/Maxwell Bay Channel (PID 0511723430002, 865 Partenwood Rd, Orono) and all other parcels located in a clockwise direction around the bay ending with the parcel located directly east of the Stubbs Maxwell Bay Channel (PID 0511723430005, 3400 Fox St, Orono, MN 55356). All of these properties would benefit from the SBLID improvements. The SBLID would have five (5) directors all of who own property on the lake or have deeded access and who would be elected at an annual meeting of the property owners. The initial directors would be appointed City of Orono (5 directors). It is requested that the City of Orono provide administrative support and oversight for the SBLID. 250 Exhibit G, Links to all applicable local ordinances governing Stubbs Bay use and public accesses City of Orono Municipal Code: htWs://library.municode.com/mn/orono/codes/code of ordinances?nodeId=ORMICO01 Lake Minnetonka Conservation District Code of Ordinances: https://Imcd.org/resources/#code of ordinances Minnehaha Creek Watershed District Regulaitons: https: / /rninnehahacreek.org/12errmits /re/regulations / 13 251 Exhibit H, Letters of Support for the Stubbs Bay LID* *Additional letters of support will be added as they become available. 14 252 DEPARTMENT OF NATURAL RESOURCES DNR Lake Vegetation Management Plan The treatment protocols or management goals may change as new information becomes available and will be approved by the MnDNR. This variance does not preclude the requirements of applying for, and obtaining aquatic vegetation control permits (IAPM permits) as per Minnesota Rule chapter 6280. Refer to Lake Cooperator Data Summary for historic lake plant data, managament history and water quality data. Stubbs Bay, Lake Minnetonka, Hennepin County (27-0133-12) Date Signed: 4/14/2025 Expiration Date: 10/1/2030 Management Curly Leaf Pondweed (CLP), Hybrid and Eurasian Water Milfoil Targets(s): (EWM/HWM ) This Lake Vegetation Management Plan (LVMP) authorizes a 5 variance Variance Conditions: from time of signing to perform herbicide treatments greater than 15% of the littoral area with herbicides to control EWM/HWM. Location: Stubb's Bay, Lake Minnetonka Major Watershed: Mississippi River-TC view Lake Description Total Acres: 196.79 acres Average Secchi (m): 1 Meter Littoral Zone: 113 acres Trophic State: Eutrophic Maximum Depth: 30 ft Total Phosphorus: 48 PPB 1. CLP Delineations 2024 = 2.5 mean density rating on a scale from 0 Problem Identification: to 3. 2. EWM/HWM exists at 11% Frequency of Occurrence, August of 2024 (hereafter FOO) 1. Reduce CLP Population to less than 1.5 mean density rating 2. Maintain EWM/HWM below 20% F00 annually (August PI Survey) Management Goals: 3. Increase native submersed species /point to > 1.5 F00 4. Maintain number of native submersed species at 18 over 5 years 1. Whole Bay- Fall / Fluridone treatment at 2-4 ppb to control CLP and EWM (2025) Proposed Actions: 2. Annual CLP Treatments using approved herbicides in excess of 15% of the littoral area if needed. Stubbs Bay Hennepin County: LVMP start year- end year (2024-2029) 1 1 P a g e 253 DEPARTMENT OF NATURAL RESOURCES Stubbs Bay, Lake Minnetonka, Hennepin County (27-0133-12) Required Monitoring 1. Summer delineations (Post 2024) (see table below 2. Annual, late season point -intercept survey to track native plant for survey timing) community changes. Justification • Currently CLP is the most abundant species in early summer, recently completed delineations reveal — 50% of the littoral area is dominated by CLP in early summer. CLP levels may be contributing to increased Phosphorus release in early summer. • Currently EWM/HWM is at 11% F00, requiring minimal treatment, however CLP treatments may provide increased Justification, History & habitat potential as well as water clarity increases which Public Participation additionally will expand potential EWM/HWM populations Process History • Stubbs bay has not had significant management (16.8 acres of CLP/EWM treatment in 2024) Public Participation • The program has been supported by the private homeowners, The Lake Minnetonka Association along with financial support from the grants. The Lake Minnetonka Association, Private lakeshore property owners, Cooperator(s): Minnesota Department of Natural Resources APM permits are restricted to a maximum of a 50 foot -wide along shore Special Conditions treatment area on years of full -bay treatments REQUIRED ANNUAL MONITORING & REPORTING Failure to complete all required monitoring and reporting may result in no variance or permit the following year. Data will be provided to DNR Invasive Species Specialist using their data reporting template. Stubbs Bay Hennepin County: LVMP start year- end year (2024-2029) 2 1 P a g e 254 DEPARTMENT OF NATURAL RESOURCES Required Monitoring Timing Monitored/Submitted By Pre-treatment Delineation or Point - Spring (April -May) LMA Intercept Early and Late Point -Intercept Survey(s) Summer LMA (June- September) Water Quality Monitoring Monthly TRPD,MCWD,MPCA (Secchi, TP, Chl-a) (May -September) Lake Minnetonka DNR Data Report Annually Association DNR Evaluation: The DNR, in conjunction with other interested parties, will review the plant survey(s) and water quality results annually. If results are not meeting goals or producing negative results, then the approach to control may be revised at the discretion of the DNR. Notes to be filled out by the DNR annually are documented below. # native EWM % CLP Mean submersed YEAR #native/point Comments FOO Density species 1.5 2024 11 2.5 18 2025 2026 2027 2028 2029 2030 Stubbs Bay Hennepin County: LVMP start year- end year (2024-2029) 3 1 P a g e 255 �' DEPARTMENT OF NATURAL RESOURCES SIGNATURES This Lake Vegetation Management Plan is in effect for 7 years from date of Regional Fisheries approval. If the plan is not renewed, then permits will be issued according to the standards listed in MR6280. DNR Approval: Submitted By: April Londo Title: Invasive Seecies Specialist Date: 4/14/2025 n Signature: � Neil Va n d e rbosc h Digitally signed by Neil Vanderbosch Date: 2025.04.15 10:28:49-05'00' Regional Fisheries Manager Megan Moore Date Digitally signed by Megan Moore Date: 2025.04.15 11:54:48-05'00' Regional Ecological & Water Resources Manager Date I affirm that I am a representative of Stubbs Bay, Hennepin County and acknowledge participation in the development or implementation of this lake vegetation management plan. Cooperator's Signature and Title Cooperator's Signature and Title Date Date Either party may terminate participation in this plan at any time, with or without cause, upon 30 days' written notice to the other party. If participation is terminated, permits will be issued according to standards listed MR6280. No language following this page supersedes the conditions in permits described above. Stubbs Bay Hennepin County: LVMP start year- end year (2024-2029) 4 IPage 256 Carman Bay Lake Improvement District Post Office Box 124 Crystal Bay, Minnesota 55323 April 16, 2025 City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Dear Mayor Tunheim & Council Members Alisa Benson, Claire Berrett, Steve Persian and Jacqueline Ricks, Carman Bay Lake Improvement District supports the petition to establish Stubbs Bay Lake Improvement District. A Lake Improvement District, as governed by statute sections 103B.501 — 103B.581, is proven to transform citizen interest into a sustainable environmental stewardship and an evidence -based best practices method for managing aquatic invasive plant species for the benefit of the public, City of Orono and Stubbs Bay. A Lake Improvement District offers a comprehensive plan of action where no other exists. The Minnehaha Creek Watershed District successfully manages large scale improvements such as the Six Mile Creek -Halsted Bay project but is not tasked with the control of aquatic invasive species. The Lake Minnetonka Conservation District manages Lake Minnetonka. However, the LMCD's Comprehensive EWM and CLP Management Plan only provides guidance for AIS management with a focus on education and prevention. The LMCD does not actively survey, treat or provide lake wide funding to control aquatic invasive species. The 2024 LMCD AIS Kick Start grant program was funded at fifty thousand dollars but currently has zero dollars in the 2025 budget. Carman Bay Lake Improvement District was formed July 24, 2017. The attached Carman Bay AIS Report discusses the superior results of the bay wide management of native and invasive plant community. As noted in the report, the objective of the DNR Lake Management Vegetation Plan for CBLID is the control Curlyleaf pondweed and Eurasian watermilfoil to a littoral frequency of 20% or less occurrence and maintain a healthy native community as measured by an annual point -intercept survey. Naturally, the civic engagement of Stubbs Bay Lake Improvement District will complement Orono's practice of fostering collaborative public management. A Lake Improvement District is in harmony with Orono's Lakeshore City principles to "protect and preserve Lake Minnetonka, and its water quality, and recreational assets that include 9 square miles of lakes with 38% of its housing on nearly 40 miles of Lake Minnetonka shoreline". Sincerely, MnOz D. id per Mark D. Kieper Chairman Carman Bay Lake Improvement District 257 Overview of the AIS program in Carman Bay Carman Bay is located in the city of Orono, Minnesota on Lake Minnetonka. In 2007 initial studies indicated high levels of Eurasian Water Milfoil and Curly Leaf Pondweed, two Aquatic Invasive Species found in Minnesota. Under the guidance of the Lake Minnetonka Association, a Lake Vegetation Management Plan was created to address concerns of the overabundance of these two AIS, and the reduction of native species. In response to that plan, the Lake Minnetonka Association in cooperation with the Minnesota Department of Natural resources, The Lake Minnetonka Conservation District and riparian property owners began treatment of Eurasian Water Milfoil and Curly Leaf Pondweed. More recently the riparian owners formed a Lake Improvement District to ensure annual funding is available for the program. The following information is an overview of the treatment program and represents the historical footprint of these activities. BEST MANAGEMENT PRACTICES USED IN CARMAN BAY The lake vegetation management plan follows a system of best management practices which includes annual activities to ensure the health of the aquatic plant community, identify any potential non -target impacts, as well as measure success of the program. These activities include: • Annual Delineations of both Eurasian Water Milfoil and Curly Leaf Pondweed • Selective treatment in real time of each species using EPA approved herbicides • Annual quantitative plant assessments of the whole bay MENEM 1'FrrA -1HF - PAGE 259 RESULTS Frequency of Occurrence (%) for each year surveyed in Carman Bay Species 9/1/2007 8/1/2011 8/1/2012 9/1/2013 8/i/2o14 8/30/2016 9/6/2017 7/24/2018 8/7/2019 7/29/2020 8/11/2021 8/2/2022 8/10/2023 8/2/2024 Eurasian Water Milfoil 60.0 4.0 42.0 7.0 52.0 25.0 45.0 26.0 2.0 11.0 15.0 12.0 18.0 12.0 Curly Leaf Pondweed 4.0 0.0 1.0 0.0 0.0 4.0 6.0 5.0 0.0 4.0 0.0 2.0 0.0 1.0 Coontail 40.0 62.0 47.0 65.0 63.0 59.0 62.0 77.0 65.0 60.0 55.0 43.0 44.0 34.0 Chara 6.0 25.0 23.0 25.0 15.0 6.0 8.0 5.0 7.0 8.0 8.0 15.0 10.0 15.0 Large Leaf Pondweed 9.0 4.0 8.0 10.0 13.0 10.0 2.0 3.0 4.0 4.0 9.0 11.0 14.0 10.0 Water Stargrass 7.0 3.0 15.0 3.0 24.0 45.0 57.0 62.0 63.0 43.0 55.0 32.0 61.0 38.0 Bladderwort 2.0 3.0 1.0 3.0 2.0 1.0 0.0 1.0 2.0 1.0 2.0 0.0 0.0 1.0 Illinois Pondweed 4.0 13.0 22.0 26.0 13.0 5.0 2.0 2.0 0.0 4.0 0.0 0.0 2.0 7.0 Flatstem Pondweed 21.0 4.0 4.0 11.0 17.0 23.0 7.0 16.o 45.0 58.0 57.0 66.0 66.0 53.0 Whitestem Pondweed 2.0 0.0 3.0 6.0 6.0 10.0 11.0 11.0 0.0 12.0 8.0 2.0 6.0 9.0 Canadian Waterweed 5.0 4.0 15.0 2.0 7.0 8.0 13.0 18.0 8.0 4.0 6.0 8.0 12.0 10.0 Water Celery 6.0 19.0 29.0 34.0 26.0 44.0 53.0 47.0 38.0 46.0 59.0 51.0 48.0 42.0 Northern Water Milfoil 8.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 0.0 2.0 0.0 Water Marigold 4.0 4.0 8.0 5.0 9.0 7.0 3.0 2.0 0.0 0.0 0.0 0.0 1.0 0.0 Clasping Leaf Pondweed 25.0 14.0 38.0 40.0 30.0 23.0 32.0 22.0 35.0 28.0 45.0 31.0 40.0 23.0 Sago Pondweed 20.0 4.0 29.0 4.0 11.0 4.0 11.0 3.0 2.0 3.0 2.0 10.0 8.0 1.0 Slender Naid 0.0 0.0 0.0 0.0 0.0 11.0 14.0 0.0 7.0 8.0 13.0 11.0 6.0 4.0 Southern Naid 10.0 34.0 38.0 38.0 21.0 0.0 1.0 16.o 5.0 4.0 6.0 1.0 3.0 2.0 Stiff Pondweed 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 12.0 0.0 0.0 17.0 0.0 2.0 Leafy Pondweed 0.0 0.0 0.0 0.0 0.0 0.0 0.0 5.0 0.0 19.0 0.0 0.0 0.0 0.0 Variable leaf pondweed 0.0 0.0 0.0 0.0 0.0 9.0 4.0 3.0 14.0 4.0 9.0 18.o 14.0 3.0 Fries' Pondweed 0.0 0.0 0.0 0.0 0.0 0.0 2.0 2.0 8.0 4.0 3.0 5.0 2.0 0.0 Water Crowfoot 0.0 1.0 2.0 1.0 1.0 11.0 4.0 0.0 0.0 0.0 0.0 5.0 2.0 1.0 Small Pondweed 0.0 0.0 0.0 0.0 0.0 4.0 1.0 0.0 0.0 0.0 2.0 0.0 8.0 2.0 Long leaf Pondweed 0.0 0.0 0.0 0.0 0.0 3.0 4.0 9.0 0.0 3.0 4.0 3.0 4.0 0.0 Small Duckweed 0.0 0.0 0.0 0.0 0.0 1.0 4.0 11.0 8.0 9.0 5.0 2.0 1.0 0.0 Large Duckweed 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 2.0 4.0 5.0 0.0 0.0 0.0 Watermeal 0.0 0.0 0.0 0.0 0.0 0.0 4.0 3.0 0.0 4.0 5.0 3.0 1.0 0.0 White Waterlily 10.0 6.0 8.0 8.0 5.0 2.0 4.0 13.0 11.0 10.0 8.0 6.0 6.0 3.0 Spatterdock 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 Star Duckweed 0.0 0.0 1.0 0.0 0.0 5.0 4.0 6.0 7.0 7.0 8.0 5.0 0.0 3.0 Arrowhead 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 4*11 30 25 20 15 to 5 0 90.0 80.0 70.0 60.0 a, 50.0 L 3 u v 0 40.0 0 30.0 20.0 10.0 0.0 Carman Bay Aquatic Taxa I- 00 0) O r-I N M -zi, Ln 1.0 I� 00 Q1 O r-I N M 1:T O O O -1 ri ri -4 i--I r-I r-I r-I r-I r-I N N N N N O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N Number of Native Species Sampled Water Celery ■ Flatstem Pondweed Coontail ■ Water Stargrass ■ Clasping Leaf Pondweed ■ Eurasian Water Milfoil 2007 20o8 2009 2010 2011 2012 2013 2014 2015 2o16 2017 2o18 2019 2020 2021 2022 2023 2024 261 Eurasian Water Milfoil Sampled 70.0 6o.o 50.0 - 40.0 30.0 20.0 10.0 0.0 • ' 0 N N N N N N N N N N N N N N N N 0 O O O O O O O O O O O O O O O O V 00 �p O N W � ll� 01 J 00 � NO N w � Eurasian Water Milfoil • • • • • • Linear (Eurasian Water Milfoil) Acres Of EWM Treated 80.o 70.0 6o.o 50.0 40.0 30.0 ........................ 20.0 - 10.0 0.0 2007 20o8 22009 2010 2( .... ....................... ................ ................ ........... 1 1 111 2012 2013 2014 2015 2o16 2017 2o18 2019 2020 2021 2022 2023 2024 PAGE 262 FLORISTIC QUALITY ASSESSMENT Floristic Quality Assessment (FQA) is a tool used by government agencies and conservation organizations to analyze the ecological value of an area based on its plant species composition. First introduced in the 1970s, it is based on the fact that some plants are not particular about where they grow (for instance, they might thrive in roadside ditches) while other species only grow in specialized habitats. In general, an increased presence of these specialized species means that an area is less ecologically degraded. Generally, i-i9 indicates low vegetative quality; 20-35 indicates high vegetative quality and above 35 indicates "Natural Area" quality. 30 29 28 27 26 25 24 23 2016 2017 Floristic Quality 2018 2019 2020 2021 2022 2023 2024 PAGE 2 263 AQUATIC MACROPHYTE COMMUNITY INDEX (AMCI) The Aquatic Macrophyte Community Index (AMCI) is a multipurpose tool developed to assess the biological quality of aquatic plant communities in lakes. It can be used to specifically analyze aquatic plant communities or as part of a multi -metric system to assess overall lake quality for regulatory, planning, management, educational, or research purposes. The components of the index are maximum depth of plant growth; percentage of the littoral zone vegetated; Simpson's diversity index; the relative frequencies of submersed, sensitive, and exotic species; and taxa number. The higher the score the better. 62 60 58 56 54 52 50 48 46 44 AMCI score 2016 2017 2018 2019 2020 2021 202222 2023 2024 PAGE 3 264 SIMPSON'S DIVERSITY INDEX (SDI) Simpson's Diversity Index (SDI) is one approach to quantifying biodiversity. SDI takes both the number of species and the population size of each species into account. The resulting value is between o and i, with o representing no diversity (all individuals in an area are the same species) and i representing maximum diversity. 0.98 0.96 0.94 0.92 0.9 0.88 ............... ....... .:. 0.84 0.82 2oi6 2017 2018 DISCUSSION Simpsons Diversity 2019 2020 2021 2022 20223 2024 Since its beginning, the Carman bay management efforts have shown superior results. Invasive species continue to be maintained at low rates and thru the various measurements, Native plants, diversity and overall bay plant health have remain unchanged or have improved. Several new species have been recorded throughout the various years and others have remained the same or have seasonal dips. The metrics used to measure the success of this program have solidified that Invasive species can be managed with little to no impacts to the bay and suggest a healthier plant community today than when the project began. Since 2019, invasive milfoil levels have been kept below the 20% frequency of occurrence. In 2024, the mean native plant occurrence per point fell to 2.7 from a typical 3.2 to 3.5 range. Although this is the first significant decrease, the overall metrics continue to point to a very healthy plant community promoting excellent habitat and providing a sound aquatic ecosystem. PAGE 4 265 April 24, 2025 Dear Mayor Tunheim and Councilors Benson, Berrett, Persian, and Ricks, Thank you for your service to the Citizens of Orono. This letter is to highlight two vital initiatives that help maintain the water quality of lakes in Orono: 1. Consistent, science -based and funded Bay Wide Treatment (BWT) programs for sustainable ecological health and enjoyment of our lakes. 2. Lake Improvement Districts (LIDs) that are essential for continued and equitable funding of BWTs. What is a LID? LIDs are mini -government districts that are formed by citizens to collaboratively address very specific lake quality issues in MN and provide equitable funding from Lakeshore property owners. Please see this DNR website for more information. The goals of LIDs are to preserve, protect, and enhance the use and enjoyment of a lake. There are hundreds of LIDs across Minnesota. https://www.dnr.state.mn.us/waters/watermgmt_section/shoreland/lake-improvement- districts.html From the website: Lake Improvement Districts Minnesota Statutes 103B.501 - 103B.581 allows local citizen initiatives to petition counties to create lake improvement districts (LID) in order to address specific concerns within a Lake watershed that cannot be addressed under normal governmental actions. Citizens and local governments willing to undertake such initiatives benefit from greater local involvement in the management of their own lakes. The DNR provides oversight and assistance. We believe it is necessary to understand "Bay Wide Treatment" (BWT) Programs to address Aquatic Invasive Plant Species (AIS) when considering whether LID formations should be supported by the City of Orono. BWT Programs for AIS 266 • BWT programs have been around for decades on Lake Minnetonka, to address infestations of Eurasian Water Milfoil (EWM or "milfoil") and, subsequently, Curly Leaf Pondweed (CLP). These two AIS "lake weeds" are highly invasive, damage the eco-system, and they are non- native to Lake Minnetonka. EWM was first detected on the lake in 1987. More AIS types are undoubtedly coming to Lake Minnetonka (e.g., Starry Stonewart, Flowering Rush, , Spiny Water Flea, Zebra Mussels). • AIS (aka "invasives") are extremely problematic and can be treated professionally on a bay wide basis per DNR regulations, without compromising water quality and aquatic life. o AIS infestations choke out native plants and damage the fish populations that thrive in native vegetation. They spread rapidly from and to other lakes by floating through channels, and being transported by boats and trailers. o If AIS weren't so damaging, we wouldn't need BWT programs... or LIDs. "Native" plants can also be problematic. Certain native plants and invasives can be treated (DIY by the homeowner or professionally) at the individual property level. o Natives cannot be treated bay wide. Some plants are protected and cannot be treated at all. Native plants are vital to a Jake's health. o Unfortunately — or fortunately, depending on how you look at things, we have an (over) abundance of native plants. o Shorter winters with less ice coverage and warmer temps make native and AIS plants increasingly more prolific. • AIS can render a bay or lake unusable for recreation because of how thick they get if allowed to propagate without mitigation. o This was the case 35 years ago on many bays of L. Mtka before herbicide treatments were scientifically proven and became more effective at treating AIS. Eventually, nearly all bays were infested with EWM. o Sailing, kayaking, boating and water-skiing through EWM and CLP are virtually impossible once they takeover a bay or Jake's shallower areas (<20' deep —the Littoral zone of a lake). Swimming can be dangerous. o Other treatments including cutting, pulling, and weed -rolling have been tried but these treatments are more costly and sometimes more ineffective. Harvesting (cutting) treatments actually spread the EWM more quickly throughout the lake making AIS infestations worse. o We can remember not being able to leave our docks on North Arm Bay with our boats because propellors became so tangled. Steering was impossible. Engines could overheat when water intakes became clogged and props became wrapped with weeds. o I (Cindy) also remember sailboat racing 32 years ago on Lower Lake and having to be mindful of avoiding the weed patches due to potential boat entrapment. We 267 couldn't get out of the weeds if the boat went into an EWM area because the keel was tangled. We would have to be towed out by a power boat! o Kayaking and canoeing through EWM and CLP are nearly impossible. o Nearly all bays on L. Mtka have - or have had - similar situations before starting on BWTs. o The Lake Minnetonka Association (LMA) assists in BWT management of bays enrolled in their"Bay Treatment Programs." o Milfoil presents concerns and risks to swimmers because they can be tangled in the weeds and panic. Weed infestations may have played a part in several drownings. BWT Coverage and Consistency • "BWTs" are administered for a specific area (bay or lake) by professional companies with certified applicators, per DNR regulations that limit the timing, type of herbicides, and amounts of herbicides that can be applied. • If the AIS are particularly pervasive, it takes years (and $$$) to address the infestations because of the regulated limits of herbicides that are allowed per year. CLP is especially insidious as it produces "turions" (or seeds) that can survive for years in the lake bed, making it very stubborn to mitigate. However, once infestations can be knocked back, continued treatments are only for isolated spots as indicated on results of annual surveys. o This is why it's important to be consistent with a BWT programs for ongoing lake health. DIY Homeowner Treatments • DIY Homeowner treatment is allowed with permitting and treatment regulations. Many homeowners do not pull permits for their treatments or follow regulations. Treatments include herbicides, pulling by hand, cutting, and weed rollers. • DIY Homeowners cannot treat using the same herbicides as licensed companies —which can be ineffective for AIS. • DIY Homeowners often use more herbicide than necessary (e.g., "nuking" the lake), compounding the amount of herbicides in the lake. • Professional and licensed companies can also treat individual property areas with or without BWT Programs. What if we don't have BWTs on Lake Minnetonka? • Bays are taken over by AIS infestations rendering the lake unusable. • Once BWTs begin, it takes years to get control of the infestations. 268 • Without BWT programs, homeowners ramp up their personal treatments dumping more chemicals into the lake, without bay wide effectiveness. • Treating at the homeowner level can be locally effective in the short-term. However, it is ineffective long-term because the weeds drift around (especially when cut!), return and infestations never go away. They keep coming back year after year with a vengeance and areas on the bay that are not treated, grow bigger and thicker. The cycle of AIS infestations continues. Plus, cut weeds drift to neighbors which is not very neighborly— and they propagate next door. • Lake Minnetonka is especially exposed to AIS infestations because it is so heavily used. Boats/trailers transporting AIS from other lakes, enter the lake. Also, the 13 named "bays" are interconnected by channels where weeds float from bay to bay along with boat transfer. BWT Benefits Summary Regulated BWT programs are better than doing nothing collectively for lake health. • Science -based, regulated and applied by licensed professionals at proper times of the year. • Environmentally sound — preserves and promotes native habitat. • Effective when applied correctly and consistently as needed for hotspots over time. • Safe — minimizes BWTs year-to-year, targeting AIS and not harming native plants • Cost effective vs. other types of treatments including individual property owner efforts. • More effective at controlling infestations as some treatments are worse for weed propagation. • Home -owner treatments only are ineffective bay wide. • Minimizes individual property owner treatments that are unmanaged and applied with Limited skill and knowledge. • Reduces overall chemical usage long term. • Recreational use and enjoyment of the lake improved for both property owners and day - users. • Preserves property values. • AIS infestations can be knocked back to almost nothing with annual treatments and staying with a program. This reduces spread, chemicals needed, and ongoing treatment costs. Additional Info on BWTs • The herbicides and treatments are continually evolving, and the U of MN has conducted scientific studies on their effectiveness. The DNR monitors these treatments and effectiveness. 269 • BWTs are performed on many lakes throughout the state. • "Point -intercept" surveys (PIS) are required to be performed annually by third parties. Maps are drawn (as you saw in the presentation by Karena Casey) to compare with past maps and show effectiveness. Also, locations for future treatments are identified. Eventually, only spot treatments are needed with continued BWTs. • Lake Minnetonka is the most heavily populated and used lake in the state and Midwest. We should all be concerned about the Jake's health. • No organizations are addressing AIS on L. Mtka except citizens who step up, organize to fundraise and form LIDs. o The LMCD, MCWD, and DNR are unwilling and unable to treat the AIS. • When the invasives are knocked back, the native plants fill in, giving the impression that the BWTs aren't working. This confuses homeowners and they often ask, "Why should I give to the BWT program when the weeds are so bad anyway?" o Our answer is: "Because it's a lot worse with AIS infestations if we don't do BWT programs. You can treat at your own home if you are so inclined. But please support the BWT program so you can boat, swim, fish, and preserve your property values and the entire bay's health:' o If homeowners spend money on their individual treatments, they are less inclined to donate to BWT fundraising efforts. North Arm Bay BWT—A Success Story We have participated in a LMA BWT program on North Arm Bay for about 10 years. Because of this ongoing program, our average annual costs have decreased over time, our treatments have required less chemicals, and there are fewer treatment locations. • The BWT costs have been between $0 and $15,000 per year now. The costs were as high as $42,000 at the beginning of our treatment program. These costs include required third - party PIS ($3,000 per year) to determine effectiveness and the next year's treatment plans. • The initial (and expensive) effort knocked out EWM for about 5 years and has required only spot treatments since. • CLP is less pervasive now but it has taken several years to treatments to accomplish this. • The treatment amount varies from year to year based on weather, propagation and AIS transported to North Arm from other bays. • We have been diligent about annual fundraising with homeowners, and about 30% contribute, with a few generous people giving several $ thousand per year because they know how important BWTs are to the bay's health. 270 Why are LIDs important? • LIDs areaway to make BWTs more effective and sustainable, and they help spread the cost out to all property owners. All property owners benefit from BWTs. • Without a LID, fundraising for the BWT becomes a drain on volunteers. If there are no volunteers, there are no BWTs... and the AIS take over quickly. • LIDS ensure continuity of BWTs. When AIS take over (and they will without BWTs), the long and expensive process starts again, along with unregulated homeowner treatment, and more chemicals in the lake. Once restarted, BWTs must play catchup for years to get the Lake healthy again. This is costly and involves more herbicides than continued treatment. • Ongoing management of L. Mtka's water health is critical. o New invasives will come along and we are already anticipating these. o Being pro -active for lake health management is preferrable to being re -active. Conclusion We hope you all can see why continued BWTs are essential for our lakes' health, recreational use and preserving propertyvalues. LIDS provide reliable funding and governance mechanisms that ensure environmentally sound, effective and professionally managed BWTs continue. They also help mitigate ineffective and "nuking" treatments by individual homeowners. We hope that the City of Orono strongly supports citizen -led LID efforts for our precious lakes in Orono. We also hope that more bays on L. Mtka will establish BWTs and LIDs to minimize weeds transported from bay to bay. Perhaps if Orono leads the way on this, more cities and bays will follow. This would help everyone (not just property owners) who enjoy L. Mtka. The LID formation process requires citizen efforts. However, the ongoing effort to manage a LID is more manageable once established, according to Carman Bay representatives who started their LID in 2017. Patrick Setter said he will gladly meet with people seeking more information about treatment processes. He is an expert on lake health throughout MN, and owns PLM Lake and Management 271 Corp (https://ptmcorp.net/). This is the company that the LMA primarily hires. We have been pleased with their services for North Arm Bay. Thank you for your consideration. Please let us know if you would like additional meetings to learn more. We would appreciate an acknowledgment from at least one of you on this letter. Sincerely, Cindy McDonne([andT"oni Murphy mcglynn, LMA Co -Captains for North Arm Bay 272 LAKE MINNETONKA ASSOCIATION May 2, 2025 City of Orono Mayor and Council 2750 Kelley Parkway Orono, Minnesota 55356 Dear Mayor Tunheim & Council Members Alisa Benson, Claire Berrett, Steve Persian, and Jacqueline Ricks: The Lake Minnetonka Association District strongly supports the petition to establish the Stubbs Bay Lake Improvement District. In 1990, the Governor of Minnesota signed the Lake Improvement District (LID) legislation into law giving citizens the ability to address specific concerns within a waterbody that cannot be addressed under normal governmental actions. Citizens willing to undertake such an initiative benefit from greater local involvement in the management of their own lakes. While the effort and resources needed to protect a waterbody is borne by the members of a LID, the entire public benefits. Due to decades of misuse and neglect, Stubbs Bay has become very polluted and infested with non-native plants that threaten the health of the bay and have become a nuisance to anyone recreating on the bay. The signatories of the Stubbs Bay LID petition recognize their stewardship role in protecting the health of the bay and creating a sustainable approach to assure the bay is well managed for years to come. The Stubbs Bay LID follows the lead of the Carmans Bay LID and the St. Albans Bay LID in providing lake property owners with the ability to implement programs, under the guidance of the MnDNR and others, to control AIS and improve water quality. Unless the City of Orono or another governmental body is willing to take on the role of managing Stubbs Bay, there are no likely or practicable alternatives to the Stubbs Bay LID. LIDS have proved to work well on other bays in Lake Minnetonka and in lakes throughout Minnesota. LIDs give a much needed voice and role to property owners in protecting their lakes. The Lake Minnetonka Association encourages the City of Orono to support efforts to establish a LID and help lakeshore property owners to protect Stubbs Bay. Best regards, 5-or f�a�or Tom Frahm, President, Lake Minnetonka Association Board of Directors 273 To: Mayor and Council From: Maggie Jin, Finance Director Subject: Stubbs Bay Lake Improvement District SBLID Petition Date: May 21, 2025 This memo is to document that staff have received petition from 48 of the 68 property owners that have are on Stubbs Bay or have deeded access to Stubbs Bay that would be affected by the establishment of the lake improvement district on Stubbs Bay. Each petition have been examined and found that they are from the affected property owners on Stubbs Bay in the City of Orono Maggie Jin Finance Director City of Orono 274 From: Anderson, Rich To: Adam Edwards; Bob Tunheim; Rich Anderson Cc: Alisa Benson; Jon Schwinaler; Steve Persian; Jacqueline Ricks Subject: RE: Stubbs Bay LID Discussion Date: Wednesday, June 4, 2025 7:46:56 AM Attachments: image001.ona imaoeq 002.ina Good morning, Adam and Mr. Mayor: It's a beautiful day in the Neighborhood today.... I am befuddled by a letter addressed to Eric Evenson and copied to Adam at the city regarding a letter of support that was reconsidered and withdrawn from a previous stance of the LMCD. In my opinion, it missed the mark and goes against the "Lake Minnetonka Vegetation and Aquatic Invasive Species Plan," approved in June 2020.... Notice below that we clearly decided to promote LIDS, i.e., the group trying to form a LID in Stubbs Bay, with help from the LMA.... Please consider this as we go forward with the discussion at the Public Forum next Monday night.... In my work with Crystal Bay formation of trying to get a LID, even though established legislation says "a majority" of petitioners (51 %), I was never comfortable with that percentage of involvement.... Not enough of the masses to make it fair, my thought was to get to 75% or so to bring it up to the council.... Never got there, so I never went forward for Crystal Bay.... Sounds like this group is in the middle to high 70's.... It is refreshing to see the overwhelming support of the residents on that bay to clean it up.... From the 2020 report: LMCD synopsis, form LIDS: Page 30 Recommendation: Results from 2019 aquatic plant focused meander survey efforts conducted on Lake Minnetonka found EWM and native plant growth is mostly light to moderate over much of the nearshore areas that are not involved with bay -wide management areas. In most cases, EWM was intermixed with native species. It is important to note aquatic vegetation density may vary significantly from year to year based on weather and other factors. With the advent of herbicides like ProcellaCOR that are selective for EWM, the impact to non -target species can be minimized by using herbicides as the primary control technique rather than mechanical harvesting, which is a non -selective control technique, thereby meeting the LMCD goal of increasing native aquatic plants. Furthermore, wide, expansive areas, like the EWM beds in Crystal Bay, are most cost-effectively managed with herbicides, thereby meeting the LMCD goal of leveraging available funds. It is recommended that the LMCD work with the LMA, Lake Improvement Districts (e.g., North Arm Bay and Libbs Lake Association), and the MNDNR to identify the areas of the lake in which herbicide treatments are most likely to be effective and the type of herbicide that is best suited for the targeted area. The areas subject to control via herbicides are subject to change annually due to inter -annual changes in aquatic plant growth. Blue Water Science has prepared Table 1, which summarizes the corresponding characteristics for commonly used herbicides. The LMCD will also work with the MNDNR and the LMA, and other stakeholders to evaluate which herbicide to use and when bay -wide techniques should be 275 incorporated versus spot treatments on a bay -by -bay basis. In several cases, the University of Minnesota and MNDNR has found lake -wide increases in EWM frequency despite localized reductions in the portions of the lake in which a spot treatment occurred. These types of observations are difficult for stakeholders to understand and can be a very serious point of contention. To avoid confusion, the LMCD will work with all vested stakeholders to clearly identify the scope of the proposed treatment and clearly define the intended outcome. Post -treatment surveys will be conducted to evaluate progress towards goals from which future recommendations will be derived. Page 43. Table 4-1. Lists what the LMCD believes are roles for various organizations on the lake, it lists LIDS as entities which can implement mechanical and chemical control of AIS and DNR permitting. (see also page 37.) Page 37. 4. Leadership and Coordination: 4.1. Entities Involved in AIS Management AIS is a complex problem that requires participation and involvement from an equally complex mix of entities and stakeholders. The US Forest Service, US Fish and Wildlife Service, US Army Corps of Engineers, National Park Service, MNDNR, county and tribal resource managers, local watershed districts, soil and water conservation districts, lake improvement districts, lake associations, local outdoor recreation organizations, chambers of commerce, non -profits, lake businesses and engaged citizens all play a role in AIS management. In the case of Lake Minnetonka, the mix of partners and stakeholders includes local entities throughout the state who are working to prevent the spread of AIS from one waterbody to another. In order to efficiently manage AIS in Lake Minnetonka, these entities must collaborate and determine the most effective means for achieving the objectives laid out in this plan. During the development of the plan, it is important to point out the fluctuation in funding for AIS activities expressed by agencies and entities, and the change in strategic focus due to policy changes or agency needs. Page 144-146. Recommendations for a Community Engagement Plan for the LMCD's AIS plan The following enht3es have been Ldentlhed as stakeholders that the LMCD should reach out to for partiapa4an in the plan development process. It wkil he Important to leverage emsting community networks or forms of oammunicatlon in reaching out to these stakeholder groups during the plan development process. Local Residents or Area -Rased Groups (Role: being infarmed and hekng asked) • Lakeshore Owners (IndrrlduaL assaclatlans, Whay leaders) • AIS CommltteejaskFarce lake Aseociatiaos (Rafe: 13e3ngWformed, being asked, ass3sting In declslon-makingand developing salutlaas) • Lake Wlnuetonka Assockatlon (L.MA), W/bay leaders . M N COLA • OtiheO 276 Table 1. Range M Ckitlims h}Y 5ukeIhLPLdrr EFWALINIUMI and PaFIM iea Liui i Raig of Partidpants Level of stakeholder Groups EngmeFd Being Infarrned Consulting Local Residents. Publir_Area- Eased Groups, Euslness Being Asked Community, Community Groun Generations, Visitors Assisting in decision-makingEngagement MKIPNLL tides.SWCIks, MCWD, TRPd,11 of K Hennepdn County, Carver County, Caalihlan of Lake Developing Solutions Partnership Assoclatlons [COLA], MAWD, klinnesota Lakes and River Advocates (Jeff Forester],= improvement DistrLas{Bay Groups PUA m DEPARTMENT OF NATURAL RESOURCES May 30, 2025 Orono City Council Orono City Hall 2750 Kelley Parkway Orono, MN 55356 MINNESOTA DEPARTMENT OF NATURAL RESOURCES CENTRAL OFFICE 500 LAFAYETTE ROAD, BOX 25 SAINT PAUL, MN 55155 651-296-6157 888-646-6367 Re: DNR Advisory Report on the Formation of the Stubbs Bay Improvement District in The City of Orono, Hennepin County Dear City Councilors: I am writing to inform you that the Minnesota Department of Natural Resources (DNR) has reviewed the petition submitted to create the Stubbs Bay Improvement District and prepared this Advisory Report in accordance with Minnesota Rules, part 6115.0970, subp. 5. We conclude that: • we approve of the proposed boundary for the Stubbs Bay LID for the purposes of: o managing existing Aquatic Invasive Species (AIS) and preventing the introduction and establishment of new ones o maintaining the health of the native plant community o monitoring water quality o identifying potential sources of phosphorus inputs to the bay, developing a phosphorus budget, and devising and undertaking phosphorus reduction projects Goals of the Proposed Lake Improvement District The primary goals of the proposed Lake Improvement District for Stubbs Bay are to manage existing and possible future AIS in the lake. Secondary goals of the LID include monitoring for new AIS introductions, maintaining the health of the native plant community, monitoring water quality, and undertaking programs and collaborations to improve water quality. Background Information on Stubbs Bay Stubbs Bay (DOW Lake ID Number 27013312) is an enclosed bay off Lake Minnetonka (DOW Lake Number 27013300). It is cut off from the main lake by a very narrow channel into Maxwell Bay (DOW Lake Number 27013311) at the southern end. This in turn flows into Crystal Bay and then the Lower Lake'. This LID would include all parcels having direct or deeded access to Stubbs Bay. Lake Minnetonka, and Stubbs Bay, is classified as General Development (GD). In Orono, GD lakes have structure setbacks of 75 feet above the Ordinary High Water Level (OWHL). The City also regulates the removal of vegetation in the Shore Impact Zone (SIZ), including submittal of a revegetation plan and erosion control measures if necessary. 278 4. Stubbs Bay is approximately 200 acres in size, with nearly 60% considered to be littoral (15 feet deep or less per M.R. part 6280.0100, sub 9). Generally, the littoral zone is the part of a lake where rooted aquatic plants can grow, though the maximum depth at which plants can grow depends on water clarity and so varies from lake to lake and even from year to year within the same lake. Stubbs Bay's maximum depth is 30 feet. 5. The bay's immediate catchment has an area of approximately 1924 acreS2, yielding a lake:catchment ratio of approximately 10:1. The total upstream watershed for the bay is approximately 10,896 acreS3. 6. Agriculture, consisting of approximately 80% pasture and 20% cultivated crops, covers approximately 21% of the land area in the catchment basin, with natural vegetation (forest, wetlands, shrub/scrub, and grasslands) covering a third (34%)4. 7. Curlyleaf pondweed (Potamogeton crispus, CLP) and Eurasian watermilfoil (Myriophyllum spicatum, EWM) have both been present in the lake for many years. The lake association has been treating them with herbicides. 8. The Minnehaha Creek Watershed District (MCWD) classifies Stubbs Bay's water quality as poor due to excessive phosphorus levels, and the Minnesota Pollution Control Agency (MPCA) lists the bay as impaired due to excessive nutrients. The impairment results in nuisance algae growth that limits recreational use of the bay. The bay is also listed as impaired for aquatic consumption due to mercury in fish tissues 9. Aerial photos show a large semi -ditched wetland complex that enters the northwestern portion of the lake. Ditched wetlands can lead to more phosphorus loading, especially in urban areas where nutrients are flowing into the wetland via stormwater, and the ditching process itself can release high -phosphorus pore water from the wetland sediments'. 10. The overall trophic status for the bay is 60, which is high mesotrophic-low eutrophic. 11. Flowering rush (eutomus umbellatus) and starry stonewort (Nitellopsis obtusa) are found in nearby waterbodies and could be introduced into the bay. 12. Zebra mussels (Dreissena polymorpha) were discovered in the bay in 2010. 13. The proposed method of the LID formation is by citizen petition. 1. MN DNR Lakefinder (https://www.dnr.state.mn.us/lakefind/index.html) 2. USGS Stream5tats (Stream5tats I U.S. Geological Survey) 3. MNDNR - Division of Ecological and Water Resources - Watershed Delineation Project 4. 2016 Land Cover Dataset, U.S. Geological Survey 5. MPCA Website, Lakes and streams water quality dashboard 6. Dennis Wasley, MPCA, Personal Communication 279 Issue Analysis Phosphorus Reduction Stubbs Bay has elevated phosphorus concentrations, leading to algae blooms and impairment of aquatic recreation. In previous years, external phosphorus loading to the bay has been reduced through the following actions: • Protection of upland wetlands; • Enforcement of stormwater management regulations; • Reduction of agricultural land in the upstream watershed; and • Projects carried out by the City of Orono and the Minnehaha Creek Watershed District in the early 2000s (e.g., Stubbs Bay Ravine Stabilization (https://www.legacy.mn.gov/projects/stubbs-bay-ravine- stabilization)). Because these projects have reduced the external phosphorus loading to the lake, it has been suggested that the elevated phosphorus concentrations are at least partly due to internal loading. However, it appears that this conclusion has not been verified by phosphorus budget models. About 21% of the catchment basin remains in agricultural use, 10% is in developed -open space use, and an additional 24% is in developed low -high density use; together, these represent a bit over half of the land use types in the catchment, which could contribute to runoff and external loading of nutrients. The semi -ditched wetland complex is a particularly likely source of external phosphorus loading, and should be investigated, in collaboration with the MPCA or MCWD. The LID proposal does not include any specific program or project to reduce phosphorus concentrations in the bay, nor does it include a firm commitment to study this problem and identify a feasible course of action to mitigate phosphorus concentrations. The LID's first concern is to reduce AIS abundance in the bay, and this is appropriate: the seasonal dynamics of CLP, which grows early in the year and dies back in late summer or fall, releasing nutrients back into the water column as the plants decay, could have a significant impact on the water quality patterns in the bay, which would be a factor in determining any feasible phosphorus mitigation strategy. According to the MPCA Lakes and Streams Water Quality Dashboard, the Minnehaha Creek Watershed District (MCWD) has been monitoring phosphorus concentrations on a monthly basis since 2007. A sampling frequency of at least monthly is necessary to identify possible sources or causes of phosphorus loading to the bay, and therefore DNR strongly recommends that the LID collaborate with the MCWD to maintain or enhance this water quality monitoring program to determine seasonal patterns in phosphorus concentration, possible remaining external sources of phosphorus loading (e.g., stormwater runoff, discharge from the semi -ditched wetland complex), and possible impacts from CLP reduction. DNR also recommends conducting a sediment sampling program to assess the extent to which internal loading is driving the phosphorus concentrations in the bay. This data would be necessary to develop a phosphorus loading model for the bay and determine appropriate mitigation approaches (e.g., alum treatment if internal loading is determined to be a problem, or nonpoint or stormwater capture and mitigation projects if external loading remains a problem). If the continued water quality monitoring program identifies continued external sources of phosphorus, then the LID would need to collaborate with the MCWD, Lake Minnetonka Conservation District (LMCD), or the MPCA to implement projects to reduce these loads, since the areas on the landscape where such projects would need to be implemented would likely be outside the proposed LID boundaries. 280 uatic Invasive Saecies Management Stubbs Bay currently has two aquatic invasive plants: curlyleaf pondweed (CLP) and Eurasian watermilfoil (EWM). The lake association, in cooperation with the Lake Minnetonka Association (LMA), has been managing these with herbicide treatments, and the LID would assume these treatment programs. The LID also proposes a monitoring program to detect the introduction of any new aquatic invasive species, and to devise and implement a program to manage zebra mussels should such a program become feasible. Any plant AIS management should be accompanied by regular lake vegetation surveys, and with the guidance of DNR's Aquatic Invasive Species Program and Aquatic Plant Management Program. A Lake Vegetation Management Plan (LVMP) has been developed for Stubbs Bay, and any vegetation projects or programs undertaken by the LID must follow this plan as well. The LID should contact the local Aquatic Invasive Species specialist April Londo (April.Londo@state.mn.us) for further guidance on aquatic plant management in general and AIS management in particular, and the local AIS prevention specialist Rafael Contreras-Rangel (Rafael.Contreras-RangeI@state. mn.us) for further guidance on preventing AIS. The DNR also suggests that the LID contact Habitattitude (https://www.habitattitude.net) for further information on the proper handling of unwanted aquarium pets and to conduct workshops for LID residents on the proper surrender of unwanted pets and disposal of aquarium water and plant trimmings. Impact of Climate Chan Climate change could impact the environmental health of Stubbs Bay in several ways. These include shifts in the viable living zones of species; increased precipitation and increased intensity of precipitation events; and expected increase in water temperatures. Shifting living zones for species may result in additional AIS being introduced into the bay. Water temperatures have already risen approximately 3-4 degrees Fahrenheit since 1970, and are expected to increase further; this will result in longer growing seasons and accelerated and more abundant growth of both plants and algae. Finally, increased precipitation and increased intensity of precipitation events would increase the amount of storm -event runoff reaching the bay, resulting in increased sediment and nutrient inputs. Maintaining the Health of the Native Plant Community The proposal mentions this as one of its possible projects and programs but does not offer any specifics on how to implement it. As the LID's efforts to reduce AIS abundance in the bay yield positive results, more of the littoral zone would become available for growth of native plants. These areas could become colonized naturally, or the LID could pursue planting efforts. DNR encourages the LID to consult with the DNR's Aquatic Plant Management staff for further guidance on any active measures the LID should take to further this goal. Continued regular aquatic vegetation management surveys will provide the data necessary to guide these decisions. Recommendations/Conclusions Natural shoreland restoration The proposal does not include projects designed to restore natural vegetation along the shoreline, but this would be an appropriate project for the LID to pursue and it would help reduce phosphorus originating from shoreline runoff. Phosphorus adhering to sediment running off from riparian properties is a common source of phosphorus contamination in lakes, and replacement of turfgrass at the water's edge with a buffer composed of native grasses, 281 shrubs, and trees would both intercept runoff from the lot and enhance wildlife habitat. The LID could host workshops and provide educational materials for property owners on the ecology of natural shorelines and could initiate pilot projects on the shorelines of willing property owners to demonstrate the concept and benefits. Factors and conditions that improve shoreline buffer effectiveness include: - Width of buffer (as width increases effectiveness increases; buffers > 50 feet preferred) - Slope to water (slopes less than 3:1 increase effectiveness) - Soil type (sandier soils encourage infiltration) - Type and amount of land -disturbing activities and impervious surfaces near the buffer - Use of pesticides and fertilizers - Presence of pet wastes - Trees and shrubs with extensive roots within the buffer (a healthy, naturally vegetated buffer is preferred) - Presence of organic matter within the buffer - Runoff velocity (lawns have higher runoff rates and volume) DNR strongly encourages the LID to include natural shoreland restoration and installation of buffers as a component of its phosphorus reduction strategy. DNR also strongly encourages the LID to consider working with BWSR's Lawns to Legumes program, which encourages native plantings for pollinator habitat, and Blue Thumb, which promotes native plantings to improve water quality. Both organizations host workshops, provide advice on plantings, and have grant programs. Proposed LID Boundaries The boundaries of the proposed LID include properties with direct or deeded access to the bay. MR Part 6115.0920 subpart 5 requires that the boundaries include all lands and waters within the direct drainage basin of the lake (shown on the attached map). However, this rule also allows the County Board or City Council to create a boundary less than the entire drainage basin with written Commissioner approval if the boundary selected includes a sufficient amount of the lake's watershed to develop and implement feasible solutions to the problems the LID intends to address. Restriction of the district's boundary to these properties is sufficient to address the in -lake activities for which the LID is being proposed. Therefore, in accordance with these rules, the DNR approves the proposed boundaries identified in the resolution. 282 Advisory Comments & Recommendations Thank you for consideration of these comments. Please contact Kathy Metzker, DNR Land Use Hydrologist at 651- 259-5694, if you have any questions. If approved, please provide the name and address of the primary contact of the Board of Directors for the LID and remind the LID of its obligation to provide DNR notice of annual meetings and copies of annual reports per MS § 10313.571. Sincerely, DIVISION OF ECOLOGICAL AND WATER RESOURCES Randall Digitally signed by Randall Doneen Doneen Date: 2025.05.30 08:28:31-05'00' Randall Doneen Manager, Conservation Assistance and Regulations (CAR) Section Attachment Emily Javens, DNR Land Use Programs Supervisor Dan Petrik, Land Use Specialist Maggie Jin, Finance Director, City of Orono Lee Engel, MPCA-Lake protection and restoration April Londo, DNR Aquatic Invasive Species Specialist Rafael Contreras-Rangel, AIS Prevention Planner Dennis Wasley, MPCA In -lake treatment questions 283 Stubbs Bay The watershed data presented hen; are part of the N National Watershed Boundary Dataset (WBD). A Hydrologic Unit (HU) is the smallest division in the neste, Stubbs Bay Direct Catchment hierarchical watershed classification system of the WBD. Electronic data for use in a GIS (Geographic Information S Stubbs Bay Upstream Watershed can be downloaded from the DNR Data Deli: 13 http://dell.dnnstate.mn.us/ 7,000 ,000 0 Feet Catchment Flaw Network (synthetic) Area Watershed Acres Sq Mlles Stubbs Bay 200 0.31 Direct Catchment Watershed 1924 3 Upstream Watershed Mlnnehah. Creek 10896 17 From: Bob Tunheim To: Adam Edwards Subject: Fwd: June 9th Council Meeting - Input Date: Monday, June 2, 2025 12:01:47 PM Importance: High ---------- Forwarded message ---------- From: swerikson40@gmail.com Date: May 30, 2025 3:51 PM Subject: June 9th Council Meeting - Input To: Bob Tunheim <btunheim@oronomn.gov> Cc: Bob, We would like to place a 'NO' vote in the June 9th Council meeting concerning the proposal to create a (LID) Lake Improvement District for Stubb's Bay. We live on Forest Lake Bay and don't wish to have a precedent set. Sanford and Margaret Erikson 4455 Forest Lake Landing Mound, Mn 55364 285 From: Bob Tunheim To: Adam Edwards Subject: Fwd: LID on Forest lake Bay Date: Monday, June 2, 2025 11:55:40 AM Importance: High ---------- Forwarded message ---------- From: Kathy Perkins <kathyperkins8@gmail.com> Date: May 31, 2025 9:50 AM Subject: LID on Forest lake Bay To: Bob Tunheim <btunheim@oronomn. gov>, Steve Persian <spersian@oronomn.gov>,Jacqueline Ricks <jricks@oronomn.gov>,Alisa Benson <abenson@oronomn. gov> Cc: Council members of Orono, I can't attend the public hearing June 9 so this is to inform you that I do NOT want a LID on Forest Lake Bay. I do not want the chemicals, the liability or the government interference of a LID. We have lived at this address since 1968 and I see no reason to start interfering with a public body of water. Thank you, John and Kathy Perkins 1265 Elmwood Ave, Orono, MN 55364 286 From: Bob Tunheim To: Adam Edwards Subject: Fwd: Opposed to LID and weed treatment Date: Monday, June 2, 2025 11:54:34 AM Importance: High ---------- Forwarded message ---------- From: T Mtn Bikes <tgoody427@gmail.com> Date: Jun 1, 2025 12:52 PM Subject: Opposed to LID and weed treatment To: Bob Tunheim <btunheim@oronomn. gov>, Steve Persian <spersian@oronomn.gov>,Jacqueline Ricks <jricks@oronomn.gov>,Alisa Benson <abenson@oronomn.gov>,Jon Schwingler <jschwingler@oronomn.gov> Cc: To all, As a lakeshore owner on Stubbs bay I am opposed to forming a LID and the application of herbicides to the lake. I have found studies showing the 9 year ineffectiveness of the treatments to the lake, harm to fish reproduction, and the evidence of the herbicide in shallow wells within days. Best Regards, Tom Goodyear 763-301-4335 287 From: Bob Tunheim To: Adam Edwards Subject: Fwd: Re: Opposition to LID in Forest Lake Bay Date: Monday, June 2, 2025 11:52:04 AM Importance: High ---------- Forwarded message ---------- From: Jeff Craig <jeffreydcraig@hotmail.com> Date: Jun 1, 2025 10:29 PM Subject: Re: Opposition to LID in Forest Lake Bay To: Jon Schwingler <jschwingler@oronomn.gov>,Alisa Benson <abenson@oronomn.gov>,Jacqueline Ricks <j ricks@oronomn.gov>, Steve Persian <spersian@oronomn.gov>,Bob Tunheim <btunheim@oronomn.gov> Cc: Mary Larson <ml706@hotmail.com> Our apologies, quick correction- we meant to state that not only are we opposed to the Forest Lake LID, we are also opposed to the forming of an LID in all the bays in Orono for the reasons as described in the below letter. Mary & Jeff Craig > On Jun 1, 2025, at 5:38 PM, Mary Larson <ml706@hotmail.com> wrote: > Hello, > We are opposed to the creation of a Lake Improvement District (LID). We see an LID as not beneficial to lakeshore homeowners in any way. In fact, we see the creation of this as setting a horrible precedent with potential costs & liability forced upon us, with very little education & information disseminated to all who this would affect by a small group of people who put this idea in action. > Please take time to look at this issue thoroughly & thoughtfully. As Forest Lake Bay lakeshore owners, we are invested in caring for the lake. An LID is not the right way to go about protecting the lake. We also don't appreciate the duplicate taxation this would create. > We appreciate your time & attention on this important matter. > Best, > Mary & Jeff Craig > 1205 Elmwood Avenue > Orono, MN 55364 288 From: Bob Tunheim To: Adam Edwards Subject: Fwd: Re: Stubb"s Bay Date: Monday, June 2, 2025 11:52:41 AM Importance: High ---------- Forwarded message ---------- From: "Sandiford, Stanley" <ssandiford0l@hamline.edu> Date: Jun 1, 2025 1:53 PM Subject: Re: Stubb's Bay To: Bob Tunheim<btunheim@oronomn.gov>,spersian@oronomn.gove,Jon Schwingler <j schwingler@oronomn.gov> Cc: Dear City Leaders, As I understand it, there will be a public hearing on June 9, 2025 at 6:00 pm., regarding the creation of a Lake Improvement District ("LID") for Stubb's Bay. Unfortunately, I may not be able to attend the hearing. Based on discussion with neighbors, it appears that there may be some question about whether a LID, and individual Stubb's Bay residents, becomes legally liable for the actions of the LID. Unless and until it is determined that Stubb's Bay residents will have no legal liability or financial responsibility for such a LID, I oppose the creation of a LID for Stubb's Bay. Further, I would defer to the DNR regarding treatments in Stubb's Bay and the broader bodies of Lake Minnetonka regarding the management of weeds including any responsibility for the addition of certain herbicides or chemicals to address the weeds or water quality. Regards, Stan Sandiford 722 Tonkawa Road 289 From: Bob Tunheim To: Adam Edwards Subject: Fwd: Statement Opposing the creation of LIDS on Lake Minnetonka Date: Monday, June 2, 2025 11:53:04 AM Importance: High ---------- Forwarded message ---------- From: Ed Rockwell <eddierockwell@gmail.com> Date: Jun 1, 2025 5:46 PM Subject: Statement Opposing the creation of LIDS on Lake Minnetonka To: Bob Tunheim <btunheim@oronomn.gov>,Alisa Benson <abenson@oronomn.gov>,Jacqueline Ricks <j ricks@oronomn.gov>, Steve Persian <spersian@oronomn.gov>,Jon Schwingler <jschwingler@oronomn.gov>,Ed Rockwell <eddierockwell@gmail. com> Cc: City of Oronon Council Members, Please include this statement in the packet for the June 9th City Council Meeting My name is Ed Rockwell and I live at 4888 Edgewater Drive, Mound MN on Harrisons Bay. I have lived here for 24 years and have lived on lakes for 53 of my 57 years. I have several concerns about bays like Stubbs Bay and Harrisons Bay plans to form a government -backed Lake Improvement District, or LID. It may sound like a helpful idea, but it creates a structure similar to an HOA — and in many ways, it's worse. If formed, a LID would have the power to tax lakeshore homes, deeded access properties, and businesses (if existing on the bay) — whether they agree with the LID's actions or not. It also shifts legal responsibility and liability away from the DNR and State of Minnesota, and instead puts that liability on the Lakeshore owners, the City of Mound or Orono (depending on bay), and the lakeshore owners being taxed! Whether they agree or not but will be liable for their actions. This liability shift is spelled out in the official Minnesota DNR rules on Lake Improvement Districts. Once a LID is formed, the DNR is no longer responsible and liable for the actions of the LID Here is the verbiage from State Statute: The lake improvement district shall assume all legal risks and liabilities, including those for damages or any injury to persons or property, arising from the construction, operation, maintenance, alteration, or abandonment of its programs, plans, or actions. In the event of termination of the district, or failure of the district to meet its obligations, these responsibilities and liabilities shall fall upon the unit or units of government which established the lake improvement district. Limited state liabilities. The establishment of a lake improvement district shall not impose any liability upon the state of Minnesota, its officers, employees, agents, or consultants, for any damage or injury to any persons or property resulting from the activities of the lake improvement district. 290 That's a huge shift in responsibility, and one that deserves a lot more City and community input than it's currently getting. The City should NEVER take on this type of responsibility! But if you vote this in, The City will take on that liability! And then there's the tax itself. Once the LID is approved, the board has the power to raise taxes with very insufficient notification or resident participation. What I mean is Carman's Bay LID had a meeting and only had 10 lakeshore owners attend the meeting and vote out of 112 people for voting in a tax increase (link in your packet) Harrisons Bay and Carmans Bay (all of Lake Minnetonka) is public water — owned by the State of Minnesota. And yet this LID puts the cost, liability, and long-term impact squarely on The City and the residents who own lakeshore in the bay. While it's a public resource that anybody can use and enjoy. Now we are being told that we will be taxed (like a HOA) to fund the LID projects because it's (and I quote) "Too hard to fundraise". I vowed that I would NEVER EVER live in a neighborhood that has anything like an HOA and I will continue to fight this (and others in Orono) along with over 100 signatures that we have received from people in Harrison's Bay to stop this LID forming. We've received more than enough signatures to pass a Referendum against the LID from forming on Harrisons Bay. And I believe that there are enough to have a Referendum for Stubbs bay as well. If these are approved, that process will start immediately. Now let's talk about the chemicals they are using and why they choose the chemicals instead of manual removal of the weeds they don't like in front of their homes. The people trying to form these LIDS have indicated that it's easier to use chemicals and they say is more cost effective than manual removal. This is at the expense of harming the natural ecosystem of the lake so they don't have to look at the weeds. But the DNR recommends that manual or mechanical removal is preferred AND using chemicals should be used as a last resort. But these people trying to form LIDS are getting their recommendations from the companies that are selling them the herbicides and the companies that they pay to perform the surveys. The companies that our taxes will be going to. The companies that benefit. Killing the weeds with herbicide chemicals causes the weed cell structure to decompose rapidly releasing concentrations of nitrogen, carbon and phosphorus into the lake. Contributing to the green color and possibly more algae blooms which we are currently seeing in Harrison's Bay from the treatment using Diquat from May 12025 (see photos). This potentially harms water quality more than if weeds were left alone or manually removed. (link in your packet) Herbicides like Diquat aren't selective. It kills the native plants like coontail. Which they should not be removing! Diquat is highly persistent and can last in the lake from application up to 160 days in the lake sediments due to it's low bioavailability. This means that it stays in the lake that long!! This means that families and their pets that swim are exposed, birds and animals that eat the weeds are exposed. Boaters from other bays that are not notified about treatments will be harmed What are the Effects on birds that eat the weeds? Diquat ranges from slightly to moderately toxic to birds that feed on the weeds and fish 291 Perch and possibility Walleye suffer significant respiratory stress during treatment and maybe for the 160 days. The weeds are where the fish hang out! Also, The European Union has banned the use of Diquat but we're just going to put it in our lake year after year after year! ProcellaCOR is another chemical they use. It's a PFAS or a "Forever Chemical" and has been flagged by the MN Department of Agriculture Search this document for Florpyrauxifen- benzyl which is its chemical name. It' 100% is a forever chemical (PFAS). hLtps://www.Irl.mn.gov/docs/2025/mandated/250302.pdf • Calls for a pause on ProcellaCOR's use have emerged due to concerns over its safety. (See handout about other lakes opposing) • This is a new synthetic hormone herbicide! Do we need it in our lake? • Studies show ProcellaCOR harms native aquatic vegetation such as coontail and water lillys - not just invasive species. • There is also a potential for weed populations to develop resistance to ProcellaCOR, especially if used repeatedly in the same area which they are doing So, long-term health and environmental effects remain largely unknown and I think it's extremely unsafe to allow these chemicals to be used in our beloved lake while we are the caretakers for our time of its existence. What's very important to understand is: If the Harrisons Bay and Stubbs bay LIDS are formed and are successful at removing the weeds, the fish will move on. This is ALREADY being reported by the fishermen that have been fishing here for years. There are already fewer fish! Once the fish move on, do you think there will be less food for the animals? This possibly means that the beautiful loons that we see and hear out in the bay, the amazing Eagles that have come back could decide to go to lakes that have more weeds and more fish which is their natural food. What I'm explaining to you is the butterfly effect! The butterfly effect shows that small changes in the eco system can have disproportionately large and unpredictable consequences! Also, out of the 11,800 lakes in Minnesota, there are ONLY 54 Lake Improvement Districts that have formed. This is an unpopular program and I'll let you just think about why. Orono in the past has mentioned that they would like to see at least 70% approval rate for their bay to adopt a LID. I'd say we should have at least 80% or more. There is also an ongoing effort and opposition in Orono to stop the formation of LID's for the lakes and bays in that city as well. In your packet is supporting documentation and links to other communities that have expressed their opposition for chemicals in their lakes. To recap: • There are many residents that oppose the formation of a TAXABLE LID and we have over 100 signatures to date • We don't want these chemicals in our lake where we swim and play with our children and pets 292 • We don't want this horrible liability moved to the City of Mound, the lakeshore owners like myself, deeded access owners, and business You can reach out to me with any questions or concerns Ed Rockwell 4888 Edgewater Drive, Mound, MN 55364 Phone: 612-481-6100 Email: eddierockwellAgmail.com 293 From: Bob Tunheim To: Adam Edwards Subject: Fwd: Stubbs Bay LID - we are against Date: Monday, June 2, 2025 11:51:33 AM Importance: High Forwarding a number of LID opposition emails we have received in the last few days. Just noticed you weren't included in the distribution list. ---------- Forwarded message ---------- From: Mike Ladd <Mike.Ladd@cohasset.com> Date: Jun 2, 2025 9:29 AM Subject: Stubbs Bay LID - we are against To: Bob Tunheim <btunheim@oronomn.gov>,spersian@oronomn.go,Jacqueline Ricks <jricks@oronomn.gov>,Alisa Benson <abenson@oronomn.gov>,Jon Schwingler <j schwingler@oronomn. gov> Cc: Mike Ladd <Mike.Ladd@cohasset.com> Please note that my wife and I are AGAINST a Stubbs Bay Lake Improvement District (LID) that assumes any legal responsibilities and/or liabilities that passes to the LID and/or may be incurred by the LID. Although we do annually, personally pay for weed removal from our dock area, we are against any fees/cost that would be added to our tax assessments as a result of a LID. Stubbs Bay and the entire body of Lake Minnetonka, are enjoyed by all Minnesotans and the care and management of these types of public resources should be funded by State funding processes accordingly. Thank you for your consideration of our position. Best regards, Michael Ladd, Carol Stainbrook Stubbs Bay property owners 660 Tonkawa Road Long Lake, MN 55356 Mike.ladd&cohasset.com 612 747-8868 294 Dear Mr. Tunheim, Ms. Benson, Ms. Ricks, Mr. Persian and Mr. Schwingler; I am writing to you in opposition to the Stubbs Bay LID. My name is Barbara Schmidt and I live at 50 Landmark Drive in the Stubbs Bay wetlands with a view of Stubbs Bay. For the last two days I have canvased Stubbs Bay Lakeshore and deeded access homeowners to see what they think. I spoke to dozens of people and not a single person understood they were becoming legally liable for a public body of water for weed treatments. Not a single person understood that they were locking their neighbors into that same legal liability with a mandated tax whether they wanted the weed treatments or not. Residents simply want another option without the tax and liability components. Most neighbors were willing to help pay for an ecologically sound option that is not forcing other neighbors into treatments they don't believe in. Some asked why there aren't options on various treatments? Where is the long term plan? Is there a Lake wide plan? Please understand that Citizens voted for something that was not fully explained. Please take the time to learn what they want and present an alternative solution. Let's find a different vehicle and process to take care of our Lake that has ecological and civil oversight that is open to all those who wish to learn and participate. Thank you - Barbara Schmidt 612-270-3924 295 From: Bob Tunheim To: Adam Edwards Subject: Fwd: LMCD does not support LID"s? Date: Monday, June 2, 2025 11:55:21 AM Attachments: LMCD presentation May 28 2025.docx Att #2 LMCD Rich Anderson at Orono City Council meeting June 14.docx LMCD board chair oerson Ann Hoelscher email.docx Importance: High ---------- Forwarded message ---------- From: Jim Theisen <jtheisen98@gmail.com> Date: Jun 1, 2025 11:59 AM Subject: LMCD does not support LID's? To: Bob Tunheim <btunheim@oronomn.gov>,Alisa Benson <abenson@oronomn.gov>,Jacqueline Ricks <jricks@oronomn. gov>, Steve Persian <spersian@oronomn.gov>,Jon Schwingler <jschwingler@oronomn.gov> Cc: Mayor and Council I made a presentation to the LMCD board last Wednesday night regarding our opposition to LID's. They had previously offered their support to Stubb's Bay (I have asked them to rescind their support - still waiting on response). LMCD had planned to provide their support to Harrison's Bay that night but after hearing my presentation they decided to withhold their support. I have attached 3 documents, please read to the end, as there is much to unpack here. I have a far more extensive document I will send tomorrow regarding LMA history and financials along with resident liability concerns. I'm asking that today's email and tomorrows both be part of the June 9th public record (and all attachments). LMCD is carefully deliberating this issue, I ask that our city council please consider all the facts before "signing off' on this, as it may set a new precedent. Thanks Jim 296 Jim Theisen 1295 Elmwood Ave Orono I'm 68 years old and have lived directly on Minnetonka shoreline 50 of my 68 years. I have done some research regarding LMCD and learned it was created in 1967 by Minnesota State Legislature and is considered a political subdivision. It is funded and governed by 14 municipalities that boarder the lake, each have an appointed (not elected) representative from each municipality and each municipality paying an annual contribution. "Save the lake" funding initiative was created in 1970 to provide supplemental funding for public safety, environmental protection, and educational efforts. I have also read "The LMCD Comprehensive Eurasian Watermilfoil and Curly -Leaf Pondweed Management Plan" amended version dated Mar 13, 2013.1 have read some, not all of the 250 pages, of the 2019 plan. There has been an enormous amount of effort on behalf of Lake Minnetonka by LMCD, and as a lifelong resident I'm grateful for your efforts. First, I have a question for the board. If a group of bay residents were interested in creating a Lake Improvement District on Minnetonka could we count on your support for it's creation? Did LMCD provide support to St Alban's Bay and Carman's Bay when they created their LID's? If you would support, could you please explain the reasoning. If a group came with opposition, could we count on you supporting their opposition? Rich Anderson and Eric Evanson (executive director of Lake Minnetonka Association) have been promoting the creation of LID's dating back to 2021 and as recently as Aug 12, 2024. See Orono and Minnetonka Beach council minutes (attached). Was Rich and Eric working on behalf of LMCD when they were promoting LIDS. Or were they working on behalf of LMA, Orono or Mound? Rich has been a LMCD board member since 2019, appointed by Denny Walsh. See his comments to Orono council dated June 14, 2021 (attached). This should be very concerning information. What is "the big surprise" he references, reduced levy for Orono (I have a copy of payments made 2014 to 2026 attached). Why is there a $697,000.00 reserve in 2021, far exceeding the $250,000.00 the auditors recommended. This same oversized reserve is also true of LMA per 2023 501C records. Not attached, but I have this in my possession here tonight. Currently Eric is working with Forest Lake, Crystal Bay, Stubb's Bay and Harrison Bay to create LID's that we are aware of. LMCD provided partial funding for weed surveys in Forest Lake and Stubb's Bay. See Eric Evanson's presentation to this board on February 12, 2025, were he states "he wants more LID's without putting AIS treatments costs on public agencies" We are in opposition to LID's for three primary reasons. The residents in Forest Lake stopped this action largely due to the liability (see state statute 6115.0980 attached) and the forced payment structure (or duplicate taxation). 1. We are opposed to the formation of an "association" or LID and forcing our neighbors into this structure to manage a public body of water. 2. We are opposed to the liability placed on us as residents and on the City of Orono by state statute 6115.0980, and "hold harmless" on the State of Minnesota to manage a public body of water. 3. We are opposed to the widespread chemical treatment of our bays with these potentially harmful / forever chemicals, specifically ProcellaCOR. Harrison Bay Association has suggested they will attempt to gain your official support. I'm asking that you do not provide it to them or any other bay. We believe creating LID's and placing this incredibly complex issue of invasives on a board of directors made of bay residents is not the correct course of action. 297 Email to LMCD board chair person Ann Hoelscher, 5/30/25 Thanks for your reply. I listen to the end of the May 28th meeting and find many on the board who don't fully understand LID's. The following are out takes from the board members comments. Jim Theisen thoughts shown in red Rich Anderson speaks about numbers required to ratify a LID. Yes the county says 51%, (but Rich in the Orono council meeting minutes suggests 70 to 75%). This high level of support has been mentioned in different correspondence I have seen to date. I believe the rationale is you need to have significant support to get this enacted. "Not sure why he went down this path?" Mike Kirkwood would like to review in greater detail. Nellis is concerned about the "forever chemical" Jim Paul (he also sits on the board of LMA) talks about "easier than door to door fundraising" "I hear this in every bay, about fundraising fatigue. This by itself is not a reason to make everyone pay, even if you are in the minority, and take on this level of liability". Jim Paul also speaks of misinformation and demonizing Eric Evanson, I believe my information is factual and I do not demonize Eric (please read my presentation attached). He also suggests bringing in Patrick Selter of PLM to speak to your board (PLM is the company that does all of the chemical treatments in Lake Minnetonka and has for years) to speak about the safety of the chemicals. This is like "inviting the fox in to guard the hen house". There are 14 DNR licensed applicators in Minnesota, why does only one get all the business? Jim also spoke of multiple chemicals that I referenced "I referenced only one and that is ProcellaCOR. This is considered a "forever chemical" and Mn Dept of Ag is considering pulling its use. Carman's Bay and Harrison's Bay, possibly more, have been using this chemical, I would suggest instead of consulting with PLM, consider contacting the Mn Dept of Agriculture, or Mn pollution control". Ben Brant, this needs more research. Jim Brimeyer, this has not been fully vetted. It is an extra tax. Be careful about implementing a supposed "good idea". 298 Rich Anderson at Orono City Council meeting June 14, 2021 Items highlighted in red were read out loud at the May 28th LMCD meeting CITY ATTORNEY REPORT Attorney Mattick had nothing to report, and noted that the City and Mayor were sued this evening during public comments. Richie Anderson noted the Councilmembers should have received a copy of a document from the Lake Minnetonka Conservation District (LMCD) Executive Director about the 2022 budget. The Council is invited to provide comments and he hopes someone would strongly follow up with a letter that they are in favor of reducing the City's levy by $11,500. He updated the Council that he found a buyer for the harvesters and is setting a budget for 2 patrolman deputies that will stay on the lake and not go down to the river which is $84,000; the previous year Mr. Anderson and Gabe funded the final $42,000 so they have made progress. They are currently out fundraising and will have a big surprise when the Treasurer's Report is presented at the next LMCD meeting. Mayor Walsh asked how the crystal clear is going. Mr. Anderson replied his area is gorgeous and they drafted a strong letter; he said the LMCD supports the City of Minnetonka Beach getting in bed with Orono to treat Crystal Bay. They will see how that goes. He explained when they did their bay they raised money to do a Lake Vegetation Management Plan (LVMP), and a Lake Improvement District (LID) is for the entire bay. He stated this bay is different because they need a joint powers agreement with the City of Minnetonka Beach who did not see it in their wisdom to step out a bit and take a chance. Johnson said as a testimony on the reality of the difference, he is renting a house straight across. This year with the early ice out, one has to get to 16 feet of water depth right now to get out of the weeds on the depth locator. However on Mr. Anderson's side it is unbelievable and gorgeous. Mr. Anderson clarified the citizenry is doing all this, not the LMCD. Mayor Walsh thinks that is sad. Johnson asked of the $75,000 collected for the Aquatic Invasive Species (AIS) from the cities the previous year, how much of that was spent on AIS? Mr. Anderson said Orono paid $11,900 and they could have paid twice what they spent ... it was less than $5,000. 299 Seals asked where that money went? Mr. Anderson replied they have $697,000 of reserve money in the LMCD; the auditor says they should have 30-50% of expenses. In looking at the spreadsheet, expenses were $493,000 so 50% would be $250,000. In the 2021 budget there is still another $75,000 and he does not see how that will be spent. 300 I only mentioned one chemical in my presentation but others are concerning. Diquat has been banned in the EU and UK and is also thought to be harmful to Walleyes. I acknowledge Lake Minnetonka has weed problems in areas. There needs to be "tools" available to solve problems, choosing the right one is key. I also believe oversight is important, this does not mean a board of directors made up of individuals living on a particular bay. I think I'm hearing the DNR is not participating, Minnehaha Watershed is not into chemical treatment (and does not support LID's), and if I'm hearing it correctly LMCD is pulling back from invasive management? This leaves LMA, with an annual budget of under $300,000.00 and nearly half their expenses are on overhead and the remainder for weed management (I have a full report dating back to 1998 of their 501C tax returns that I can share). They also have a $420,000.00 reserve in 2023 (they report $70.00 of investment income on the $420,000.00 reserve). Per Rich Anderson and LMCD auditors 30 to 50% of annual expenses is an appropriate reserve level. This would be $76,000.00 to $126,500.00 based on $253,000.00 of expenses in 2023 by LMA, why the huge reserve? Tim Harren lives on Stubb's Bay, is the Principal Officer of LMA, and is directly involved in creating the LID in Stubb's Bay. I've heard the Minnesota governor is considering reducing the budget by half to support these efforts. Are these some of the primary reasons for the major push by LMA to put it on residents' backs? I understand LMCD has provided a letter of support to Stubb's Bay but decided not to for Harrison's Bay at this time. The Orono city council has authorized a public hearing to take place on June 9th for Stubb's Bay. There is one scheduled for June 10th in Mound for Harrison's Bay. I'm sure those who are supporting the creation of the LID welcome the support of LMCD. I oppose the creation and hereby ask that you rescind your support until the issue is better understood. Please advise. Notifying these cities of your current position would likely aid in slowing this down. Documents need to be sent to Orono by June 2nd. Please advise. I believe far more voices need to be heard about this issue and will offer my help in any capacity you request. The liability shift to residents is a major concern, again see state statute 6115.0980 provided at the LMCD meeting. Thanks for your attention to this very important issue. Jim 301 From: Karena Casev To: Maggie in; Adam Edwards Cc: Karena Casev; Lee Harren; Eric Evenson Subject: Another Letter of Support for a Stubbs Bay LID - former Mayor of Orono, Jim White Date: Wednesday, June 4, 2025 7:40:54 AM Adam and Maggie, Please also share this letter of support with the Council and Mayor. Thank you!!! —Karena Casey Dear Karena, Let me summarize my experience of living with Carmen Bay's LID. First, Carmen Bay is not a closed bay like Stubbs Bay, and the water quality is much different in Carmen Bay than it is in Stubbs Bay. The north part of Carmen Bay has been more severely impacted by invasives like milfoil, than the southern, or open part of the bay where I live. Harvesting was done throughout our bay in the 1990's, and spot harvesting was done for a short time in later years. Milfoil cuttings piled up along our shoreline after each harvest. I think that harvesting simply spread the milfoil. Every boat trip out of our slip involved stopping the boat in deeper water and reversing the engine to spin the collected milfoil off the prop. All of that changed when chemical treatment for milfoil became available. Our bay, like yours, had most lakeshore property owners supporting the lid. The annual cost for us has been approximately $200 to 300 per season, determined by the lakeshore frontage. We no longer have milfoil cuttings piling up along the riprap, and the water is clear well past our dock, and indeed, it is clear across our part the bay. What has changed for us is we no longer draw lake water to sprinkle our lawn or our gardens, because the warning postings we have received before treatment tell us not to draw water for those purposes for 30 days (this is a typo, it's only 3 days), which hasn't been an inconvenience in summers when we're not in a drought like last year's drought. I leave it to the DNR monitor any effect the chemical treatments have on the native plants and fish. Best of luck with your Stubbs Bay lid Jim White 302 From: Karena Casev To: Adam Edwards; Maggie Jin Cc: Karena Casev; Lee Harren; Eric Evenson Subject: Letter of Support from Mayor of Greenwood for a Stubbs Bay LID Date: Wednesday, June 4, 2025 7:29:27 AM Adam and Maggie, Please make sure the full council and mayor has this letter of support for the LID. Thank you kindly! —Karena Casey Karena: Based on my experience it could be counterproductive for the Mayor of another city to lobby another Mayor on issues that pertain to the other Mayor's city. That being said I can tell you that the St Albans Bay LID, which has been in existence for over 10 years, has been extremely positive for the bay and noncontroversial. It has provided a stable property owner driven funding source for the control of milfoil and curly leaf pondweed on St Albans Bay. Because everyone pays the assessments have been relatively nominal with the LID even taking a year off from an assessment standpoint in 2024 because of the size of its reserves. Expenses have been less than forecast because the invasives are not allowed to get out of hand again with annual monitoring and treatment as needed in turn. Feel free to call me with any questions. Thank you, Tom Fletcher President AEX Communications, Inc. 952-224-5500 Fletcher Management, Inc. 952-224-5555 4445 West 77th St Suite 102 Edina, MN 55435 303 Proposed Board of Directors for SBLID Lee Harren leeharren@gmail.com 175 Bayside Rd Karena Casey karenacasey@mchsi.com, 255 Bayside Rd Bruce Lea brleal @outlook.com, 740 Tonkawa Rd Mark Johnson markjohnson_ms@msn.com, 555 Oxford Road Brent Teele teelel2@yahoo.com, 356 West Lake Street (considering) Others who have expressed interest in being involved: Ray Bernal rybernal@frontier.com 3775 Bayside Rd John Erickson johnrosserickson@aol.com, 865 Partenwood Rd Asim Gul sasimgul@gmail.com, 855 Partenwood Lane Jennifer Leikikh jleikikh@comcast.net, 495 Oxford Rd Barb McCreight barti432@aol.com, 692 Tonkawa Rd Matthew Walter mwalter@hrii.com, 746 Tonkawa Rd Bob Ryan bobryan@ryanautomall.com, 3625 Eileen Street Marcel Smits marcel_smits@me.com, 3345 Fox Street Ted Spooner Tspooner@aol.com, 700 Tonkawa Rd John Thiesse johnthiesse@gmail.com, 3855 Bayside Rd Mark McCutcheon, mccutOl @yahoo.com, 3630 Eileen St. Laverna Leipold, leipold@leipolds.org 678 Tonkawa Road Ann Schrader, schradermail@yahoo.com, 3510 Bayside Rd Steve Cox, Steven.cox@genmills.com 3700 Bayside Rd Samual Heins, sam.heinsd@gmail.com, 575 Oxford Rd 304 MINNET000 June 4, 2025 LAKE MINNETONKA CONSERVATION DISTRICT 5341 MAYWOOD ROAD, SUITE 200 • MOUND, MINNESOTA 55364 • TELEPHONE 952l745-0789 • FAX 952/745-9085 Adam Edwards, City Administrator City of Orono 2750 Kelley Parkway Orono, MN 55356 Dear Mr. Edwards, The LMCD Board has recently received requests to endorse proposals for the creation of Lake Improvement Districts (LID). To clarify the LMCD's position in the letters addressing the Stubbs Bay LID dated April 301h and June 3rd, at this time the LMCD supports constituent and city decision making regarding local AIS management provided it is not in conflict with LMCD regulations. Respectfully, 66 Jim Brimeyer Interim Executive Director cc: LMCD Board of Directors www.Imcd.org • Imcd@Imcd.org To preserve and enhance the "Lake Minnetonka experience." 305 June 4, 2025 LAKE MINNETONKA CONSERVATION DISTRICT 5341 MAYWOOD ROAD, SUITE 200 • MOUND, MINNESOTA 55364 • TELEPHONE 952l745-0789 • FAX 952/745-9085 Adam Edwards, City Administrator City of Orono 2750 Kelley Parkway Orono, MN 55356 Dear Mr. Edwards, The LMCD Board has recently received requests to endorse proposals for the creation of Lake Improvement Districts (LID). To clarify the LMCD's position in the letters addressing the Stubbs Bay LID dated April 301h and June 3rd, at this time the LMCD supports constituent and city decision making regarding local AIS management provided it is not in conflict with LMCD regulations. Respectfully, 66 Jim Brimeyer Interim Executive Director cc: LMCD Board of Directors www.Imcd.org • Imcd@Imcd.org To preserve and enhance the "Lake Minnetonka experience." 305 MINNET000 June 4, 2025 LAKE MINNETONKA CONSERVATION DISTRICT 5341 MAYWOOD ROAD, SUITE 200 • MOUND, MINNESOTA 55364 • TELEPHONE 952l745-0789 • FAX 952/745-9085 Eric Evenson Lake Minnetonka Association PO Box 248 Excelsior, MN 55331 Dear Mr. Evenson, The LMCD Board has recently received requests to endorse proposals for the creation of Lake Improvement Districts (LID). To clarify the LMCD's position in the letters addressing the Stubbs Bay LID dated April 301h and June 3rd, at this time the LMCD supports constituent and city decision making regarding local AIS management provided it is not in conflict with LMCD regulations. Respectfully, Jim Brimeyer Interim Executive Director cc: LMCD Board of Directors www.Imcd.org • Imcd@Imcd.org To preserve and enhance the "Lake Minnetonka experience." 306 June 4, 2025 LAKE MINNETONKA CONSERVATION DISTRICT 5341 MAYWOOD ROAD, SUITE 200 • MOUND, MINNESOTA 55364 • TELEPHONE 952l745-0789 • FAX 952/745-9085 Eric Evenson Lake Minnetonka Association PO Box 248 Excelsior, MN 55331 Dear Mr. Evenson, The LMCD Board has recently received requests to endorse proposals for the creation of Lake Improvement Districts (LID). To clarify the LMCD's position in the letters addressing the Stubbs Bay LID dated April 301h and June 3rd, at this time the LMCD supports constituent and city decision making regarding local AIS management provided it is not in conflict with LMCD regulations. Respectfully, Jim Brimeyer Interim Executive Director cc: LMCD Board of Directors www.Imcd.org • Imcd@Imcd.org To preserve and enhance the "Lake Minnetonka experience." 306 • _ I: Iw O�S�R V4T16N O��'�4� June 2, 2025 Eric Evenson LAKE MINNETONKA CONSERVATION DISTRICT 5341 MAYWOO❑ ROAD, SUITE 200 . MOUND, MINNESOTA 55364 . PH: (952) 745-0789 Lake Minnetonka Association P O Box 248 Excelsior, MN 55331 Dear Mr. Evenson, In a letter dated April 30, 2025 the LMCD submitted a letter of support to establish a Lake Improvement District (LID) on Stubbs Bay. As the result of LMCD Board discussion at the May 286 meeting, please be advised that the support letter is being reconsidered. The discussion revolved around the request of Harrison Bay to establish a LID for that bay. That request for support for Stubbs Bay is being held in abeyance at this time. Of major concern are the following: The respective municipal action regarding an LID and the impact on land use issues; The manner of collecting funds to support LID programs; Any efforts to impact the water quality of the designated LID; Chemicals and other methods for treatment to be used, mostly in the AIS scope of services; The legal implications/possibilities for any actions taken by the LID. Respectfully, James L Brimeyer Interim Executive Director cc: LMCD Board of Directors www.imed.org • Imcd@Imcd.org To preserve and enhance the "Lake Minnetonka experience" 307 y LAKE MINNETONKA CONSERVATION DISTRICT 5341 MAYWOOD ROAD, SUITE 200 • MOUND, MINNESOTA 55364 • PH: (952) 745-0789 11Ar10" °y�to-,L April Vh, 2025 Eric Evenson Lake Minnetonka Association P.O. Box 248 Excelsior, MN 55331 RE: Letter of Support for Stubbs Bay Lake Improvement District Dear Eric Evenson, The Lake Minnetonka Conservation District (LMCD) is pleased to provide this letter of support to establish a Lake Improvement District (LID) on Stubbs Bay. Lake Improvement Districts are a great benefit to this lake and perfect solution to facilitate coordinated efforts for lake protection and maintenance activities. The LMCD Board has high regards for this effort and the opportunity it creates. Please accept this letter of support on behalf of the LMCD for the establishment of Stubbs Bay LID. Please contact me if you have questions or I can be of assistance at 952.745.0789. Respectfully, Jim Brimeyer Interim Executive Director cc: LMCD Board of Directors www.imcd.org • Imcd@Imcd.org To preserve and enhance the "Lake Minnetonka experience" 308 AGENDA ITEM Date: June 9, 2025 Title: LA25-000019, 245 Ferndale Rd N, RPUD Concept Plan Review Presenter: Melanie Curtis, Planner Section: Community Development Report Item: 13 Purpose: The Council is requested to provide non -binding feedback on a plan to subdivide the subject property into three (3) total lots under an Residential Planned Unit Development ("RPUD"). RPUD development is a rezoning process created to accommodate the densities and types of residential development contemplated in the Comprehensive Plan. The applicant's original submittal reflected creation of two (2) total lots, which is below the comp plan density guidance for the property. Prior to the Planning Commission meeting on May 19th (VIDEO), the applicant submitted a revised plan showing 3 lots (Exhibit A). Please reference the Planning Staff report for a full analysis. 2. Background: The property is a 0.99-acre property within the R-lA, Single -Family Residential zoning district (1.0 acre minimum). The current property size reflects the removal of the 33-foot portion of the lot within the road right-of-way. The property is guided within the 2020-2024 Comprehensive Plan for Urban Low Density Residential (3 - 8 units per acre). The property contains an existing single- family home, built in approximately 1955. The property is situated between two subdivisions: Northgate Two, created in 1979 on the south and west (zoned PRD), and Hill O' Way Manor (commonly referred to as the "Chevy Chase" neighborhood) created in 1955 on the north (zoned R-IA) (AERIAL PHOTOS). Refer to Exhibit D for an overview and analysis of the different development standards under PUD, PRD, and RPUD. 3. Planning Commission Vote and Comment: The Planning Commission discussed and provided feedback on the 3-lot alternative plan. The Planning Commission agreed with Staff s analysis that the original 2-lot plan did not meet the City's goals and were not supportive of a Comprehensive Plan amendment to lower the density requirement. Additional comments were as follows: • The project should meet the density prescribed in the Comprehensive Plan (minimum 3 units/acre). • The 3-lot plan appears to generally fit into the surrounding neighborhoods, in Orono and across Ferndale Road in Wayzata and Plymouth. • Building pads/home sizes should be scaled for the subject property - may be smaller than Northgate Two. Non -binding feedback was provided; there was no formal vote on the application. 4. Staff Recommendation: Staff provided a revised RPUD standards analysis on the 3-lot plan. Development as an RPUD would require some flexibility, specifically on the dimensional requirements as single-family 309 building12ad lots are not currently contemplated under an RPUD. For an analysis of the project against the RPUD regulations please refer to Exhibit B. The property could be redeveloped as -is, one home on the —I -acre lot, or developed with 3 units under an RPUD. Based on the Comprehensive Plan guidance, the original 2-lot proposal was not conforming. COUNCIL ACTION REQUESTED The Council should review the proposal and address the following questions to provide non -binding feedback to the application so they may prepare a formal application. 1. Neither of the abutting developments (Northgate Two nor Hill O' Way Manor) were created as an RPUD, although they both reflect principles of an RPUD. Does the Council find that the property's proximity and proposed design meet the exception criteria for RPUD applicability under 78-626(l)(b)? 2. The RPUD process may be utilized to meet certain city goals for density, housing diversity, energy conservation, preservation of natural features, etc.. Does the applicant's plan, including the proposed density, meet those goals? 3. Are there any other issues or concerns with this application? Exhibits A. 3-Lot Site Plan B. 3-lot RPUD Analysis C. Draft PC Minutes D. Comparison 310 �n NORM-Aq AT E p Rp PRAvATt 200.00 i 2 F�PNDALE ROAD NORT�A 00 - N in w 0 0 RPUD Code Analysis: #LA25-000019 - UPDATED FOR 3 LOT PLAN Code Conforming? Sec. 78-626 RPUD Standard/Requirement Comment Section Yes/No The property is 0.99 acres in area. However, Section 78-626(1)(b) may apply. The Council may find that the project conforms to 1 Minimum area: 5 acres or certain exceptions... the exception under B, which reads: The property is directly adjacent to or across a public street from property which has been Discuss developed previously as an RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. 4 As proposed, the development mimics Northgate Two. 2 Uses. Single-family residential uses are conforming. Yes 3 Sewer availability Yes. Yes Density. Each development in the RPUD district shall have a density within the range The 2040 CMP guides the property for Urban Low Density Residential (3-8 units/acre). At 3 units per acre, the project would comply 4 specified in the comprehensive plan for the specific site. with the density guidance of the Comprehensive Plan. Yes 5 Incentives. The city may utilize incentives to encourage the construction of projects that None requested. are consistent with the city's housing goals. Floor Area Ratio for low to medium density = 0.5 (FAR = total building floor area / total lot 6 area) No house plans have been provided. However, the FAR limitation is achievable. Each RPUD site developed for single-family detached dwellings at medium density (i.e., densities ranging from 1 to 6 units/acre) shall be subject to the following standards (Section 78-626(8)): 8a Permitted Locations The code contemplates single-family detached dwellings to be clustered in order to preserve significant natural features. The Yes applicant proposes three single-family detached homes on building pad lots. A shared, open space outlot is proposed. 8b Minimum SFR lot size: 15,000 square feet. The proposed lots will be sized for the building pads — a common, open space outlot is proposed. This configuration makes it Flexibility required 8c Minimum lot width at the setback line: 90 feet. 8d Minimum lot depth: 125 feet. Minimum front yard setback: 25 feet on internal streets within the RPUD site. 8e impossible to comply with the single-family lot setbacks and dimensions. 8f Minimum side yard setback: ten feet along interior lot lines; 15 feet on lot lines along the exterior of the RPUD site. Rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot, whichever is 8 g less. 8h Building height: maximum of 30 feet. No house plans have been provided. However, the 30-foot height limitation is achievable. Yes All dwelling units... shall have a depth of at least 20 feet for at least 50 percent of their 8i width. All dwelling units... shall have a width of at least 20 feet for at least 50 percent of No house plans have been provided. However, the dimensional requirements are achievable. Yes their depth. 8j All dwellings shall have a permanent foundation in conformance with the state building No house plans have been provided. However, the homes shall conform to the requirements for a permanent foundation. Yes code. 8k & 81 Relates to Accessory buildings None are proposed. Yes 8m Off-street parking shall be provided for at least two vehicles for each single-family The plans show this can be accomplished. Yes dwelling. Private recreational area. Each RPUD development shall provide a minimum of 10% of the 11 gross project area in private recreational uses for project residents. Private recreational The revised plan reflects individual, single-family building pad lots and a common space that could be used for recreational purposes. Yes area requirements are in addition to the standard park dedication requirements. 312 Minutes Planning Commission Regular Meeting Monday, May 19, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 6. NEW BUSINESS 6.1 LA25-000019, DARRYN BECKSTROM, 245 FERNDALE RD N., REVIEW The Planning Commission is requested to review the Staff report, receive a resenta_tion, and discuss review the concept plan for rezoning to subdivide the one -acre propert The Planning Commission discussed the item and asked questions of staff and the a licant, Darryn Beckstrom, Plymouth, daughter of the property owner. Commissioners discussed the requirements and merits of an for the three houses would blend with the adjacent neighboncc met. Commissioners were generally supportive of the concept additional information such as the size c adjacent neighborhood. 7. OLD BUSINESS 7.1 LA25-000014, REVISIONS TC RESIDENTIAL DISTRICTS IN whether the plan iirements could be asked for some compare to the G OF ANIMALS IN The Planning Commission is requested to review the Staff report, receive a presentation, and discuss the proposed text amendment regarding animals as accessory uses in residential districts. The proposal defines different Cate ories of animals and some alterations to zoning regulations regarding lot sizes. The Plannin Commission discussed the item and asked questions of staff. Commis hdfd d include roosters, which are excluded as domestic p poultry under farm animals. Commission efimultry should be more restrictive, with some of the o nds of fo rm animals; and that the number of hens allowed in a domestic situation should be different from the number of doves and pigeons permitted. Discussion centered on whether permitted animals should be clearly defined or left open and what type of permitting should be required in different zoning districts. Commissioners indicated the goal would be to allow a small number of hens on smaller lots than the code currently permits. Setbacks for coops on residential half -acre lots would follow the primary building setbacks with a formula for setback from neighboring structures. Building permits would still be required. the revisions to the code, incorporating the recommendations of the a public hearing. ITEMS Coinliity Development Director Oakden updated the Planning Commission on City Council actions, noting that overall, the Council has been consistent with the Commission's recommendations. Page 2 of 3 313 PUD — PRD — RPUD The terms Planned Unit Developments (PUDs), Planned Residential Developments (PRDs), and Residential Planned Unit Developments (RPUDs) are often used interchangeably. PUDs offer flexibility from zoning standards to achieve consistent site design, while PRDs and RPUDs are specific types of PUDs, typically focused on specific residential uses. ✓ Planned Unit Development (PUD): A PUD is a type of development where regulations are relaxed to allow for flexible site and building design, potentially including mixed residential and non-residential uses, different housing types, and densities. Utilization of the PUD zoning district within Orono is limited to the Highway 12 Corridor and the Navarre Area. Comment: The property is not located within the Highway 12 corridor or the Navarre area. The property is not eligible to be developed as a PUD. ✓ Planned Residential Development (PRD): A PRD is a specific type of PUD that, through a CUP process, is limited to residential uses which emphasize flexibility in design and layout. The purpose of a PRD is to enhance the appearance of neighborhoods through preservation of natural open spaces, to counteract the effects of urban congestion and monotony, to provide cohesive structure to neighborhood design, to offer recreation opportunities close to home, and to aid in improving the welfare in general of city residents. A proposal for PRD is not required to adhere to minimum lot size requirements to be eligible, provided that the total number of building lots or dwelling units shall not exceed the number of units allowed under the minimum lot size requirements of the zoning district in which such land is situated and should contain an open space preservation component. For the subject property, located within the R-1A district (1 unit/acre), a PRD is allowed by CUP but is limited to detached single-family dwellings, and only where the total number of building lots or dwelling units does not exceed the number of lots permitted under the minimum lot size requirements of the zoning district. Comment: The 3-lot proposal exceeds the number of lots permitted under the R-1A zoning district. The property is not eligible to be developed under a PRD. ✓ Residential Planned Unit Development (RPUD): Similar to PRDs, RPUDs are also residential -focused PUDs, but specifically encourage innovative and creative designs for mixed residential uses. The purpose of RPUDs within Orono is to accommodate the densities and types of residential development contemplated in the Comprehensive Plan by incorporating the principles of the PUD concept. City Code Section 78-621 outlines the RPUD process to create a development which will encourage some or all of the following: 1. Flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; 2. Provision of housing to meet lifecycle, and affordable and moderate cost housing needs; 3. Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses; 4. Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, poor soils and trees; 5. High quality of design and design compatible with surrounding land uses, including both existing and planned; 6. Sensitive development in transitional areas located between different land uses and along significant corridors within the city; and 7. Development which is consistent with the comprehensive plan. The total number of units for RPUD must fall within the density guidelines for the property identified in the 2040 Comp Plan, and shall not exceed the number of units permissible under the minimum lot size requirements of the zoning district in which the land is situated. Each site proposed for rezoning to RPUD must be at least five acres (excluding wetlands, floodplain, right-of-way, or shoreland district) or it must meet one of the criteria listed in Section 78-626 1 . Comment: The subject property is only 1.0 acre in area. However, based on its proximity to Northgate Two it may be eligible for RPUD development through the exception under5ection 78-626(1)(b) which states a property not meeting the minimum 5.0-acre requirement may be eligible if it is "directly adjacent to or across a public street from property which has been developed previously as a RPUD ... and will be perceived as and will function as an extension of that ... development". If the project is developed to mimic Northgate Two, it may be eligible if the City allows flexibility from the single-family lot dimensional standards. 314 AGENDA ITEM Date: June 9, 2025 Title: Council Committee and Board Reports Presenter: Adam Edwards, City Administrator / Engineer Section: Council Committee Reports Item: 14 1. Purpose: The purpose of the agenda item is for Orono council members to update one another on recent council committee or board meetings. 2. Last Meeting: A. The Long Lake Fire Advisory Board met on June 4th. 3. Members: A. Long Lake Fire Advisory Board • Council Members. Bob Tunheim and Steve Persian • City Staff Members. Interim Fire Chief Shea Chwialkowski, Adam Edwards • Other Member Entities. City of Long Lake, City of Medina and City of Minnetonka Beach COUNCIL ACTION REQUESTED Discussion item - no formal action required. Exhibits A. 2025-06-04 FAB Packet 315 AGENDA Long Lake Fire Department Fire Advisory Meeting June 4, 2025 4:00 pm — 5:00 pm Long Lake Fire Station 1 340 Willow Drive N Orono, MN Representatives: Long Lake Orono Medina Minnetonka Beach Scott Weske Adam Edwards Erin Barnhart Jennifer Halverson Jahn Dyvik Steve Persian Jason Nelson Heidi Honey Todd Newcomer Bob Tunheim Dino Deslauriers Mike Heiland Shea Chwialkowski Welcome & Introductions Topics Receive Minutes of March 5, 2025 Fire Advisory Board Meeting Review Operating Expenses as of Year to Date Call Numbers to Date Transition Update Joint Duty Crew Update IPA Update Establish Next Meeting Date Other Topics Any Additional Topics Section 2A. Fire Advisory Board Meeting Meeting Minutes March 5, 2025 Roll Call of Attendees The meeting was called by Fire Chief Mike Heiland. Please note that members in attendance: Long Lake Orono Medina Minnetonka Beach Scott Weske Adam Edwards Erin Barnhart Jennifer Halverson Mike Heiland James Van Eyll Dino DesLauriers Todd Newcomer Jahn Dyvik Cody Farley Welcome & Introductions The attendees of the Fire Advisory Board introduced themselves. Topics Receive Minutes of October 23. 2024. Fire Advisory Board Meetina Review Unaudited December 20241Year End Expenses Long Lake City Administrator Weske gave a brief overview and highlighted some of the items included in the unaudited year-end expenses for 2024. He noted that it looked like they will end 2024 about $99,000 under budget, which would be refunded to the member cities. He asked if the member cities wanted to get a check or just have this amount credited to their next quarterly bill. There was consensus of the Fire Advisory Board to just apply the refund amount from 2024 as a credit towards the member cities next payments. Long Lake Councilmember Dyvik asked why they ended up under budget for the call volume. Chief Heiland stated that in 2023 they had 507 calls and in 2024 had 467 calls, which was a difference of 40 calls. He noted that in addition to that, it was also related to the manpower because their overall numbers were down. He asked how many calls the Orono Fire Department had for the last 6 months of the year. Orono Fire Chief VanEyll stated that he believed it was around 96 calls. Weske explained that it added up quite a bit on an hourly basis. He stated that this information did not show the roll up information, so he would send out that information to the FAB. Fire Advisory Board Meeting Minutes March 5, 2025 - Page 2 Review Operating Expenses — Year to Date Weske gave a brief overview of the Long Lake Fire Department operation expenses up to the end of February 2025. He stated that it appeared that the LLFD was relatively on par for where they needed to be for budgeting purposes. Section 2A. Long Lake Councilmember Dyvik asked about the 2% pass through payment and if it was based on the number of calls. Weske explained that it would be based on a specific formula with inputs including population, market value, and State need. He stated that he felt the LLFD had done pretty well in relation to worker's compensation and had come in better than they had expected. Long Lake Councilmember Dyvik asked why the worker's compensation percentage wasn't closer to 25% and was closer to 66%. Weske clarified that it was a one-time payment along with the general liability insurance. Fire Chief Heiland noted that they had spent a lot of money on building repairs and maintenance and also on the heavy truck budget in 2024. He noted that they had equipped the new truck purchased last year with all new hand tools, and noted that in 2025 they sold the old engine 11. He outlined some of the expenses such as, new tires for the tanker, refurbishing the suspension and brake system on Utility 11, repair of the air exchanger and all 5 rooftop units. He explained that he was hopeful that in 2025 they would not be bombarded with building and heavy truck expenses. Review Duty Crew Report for December 2024 and January 2025 Fire Chief Heiland noted that the LLFD was currently sitting at 38 members, with 3 on a leave of absence. He noted that one of their Station 2 firefighters had moved out of the area, so he had resigned. He explained that, as of today, the LLFD had run 79 calls compared to 69 in the same time period in 2024. He stated that they also have 3 members of the LLFD that were attending the EMT class and 3 firefighters that were currently in Firefighter 1 and 2 classes. Long Lake City Councilmember Newcomer asked about big ticket items such as SCBAs and turnouts. Fire Chief Heiland explained that they had budgeted for them so they were able to buy 6 sets every year and noted that they have a 10-year shelf life. He stated that felt that this system would help the LLFD be able to keep up. Long Lake City Councilmember Newcomer referenced the OSHA proposal and noted that he felt that there was both good and bad included in it but wasn't sure when the final version would come out. Fire Chief Heiland agreed that there were both positive and negative things included and noted that generally when this kind of thing comes out there were also grants and other funding available through the State. He noted that he appeared to be missing the page in his packet related to Duty Crew data. Weske reviewed the Duty Crew data on behalf of Fire Chief Heiland and explained that, in December, there were 69 weekday shifts filled, which equated to 39.2%; 9 Saturdays filled, which equated to 22.5%, for a total of 78 slots for the month that were filled. He noted that there Fire Advisory Board Meeting Minutes Section 2A. March 5, 2025 - Page 3 was 1 call on December 2, 2024, which was a Station 2 call for a personal injury rollover incident with injuries. He explained that in service time was 1 minute, 42 seconds and the on scene time was 5:56 seconds. Fire Chief Heiland reviewed the Duty Crew information for January 2025 and reminded the FAB that he calculated this information for shifts during the day where they have 2 people on a Duty Crew shift. He stated that for the month of January they had 5 calls on Duty Crew shifts and reviewed details of the call information. He noted that the LLFD had been pretty consistent at around 50% with their volunteer Duty Crew program and felt the Duty Crew program was still going well. Long Lake Councilmember Dyvik asked about the first 2 in-service times, which were longer than the LLFD would like. Fire Chief Heiland noted that the second call, which had the on -scene time of around 14 minutes, was a mutual aid call, which was something that they would wait for a full crew to arrive. He noted that the first call was for a medical call and noted there were times with that type of call that they also would wait for a full crew. Long Lake Councilmember Dyvik asked about the breakdown of remote work and asked if those were for the Firefighters that chose to have the lower stipend amount in order to also work their normal job. Fire Chief Heiland confirmed that was correct and reviewed how the remote work option was set up for the Firefighters and explained that he felt it was a helpful option for the LLFD. He noted that he felt Saturday afternoons had been kind of a bust for Duty Crews and reminded the Board that at the last meeting they had discussed the possibility of experimenting with a weeknight. Discuss PT Duty Crews Weske explained that he had added this to the agenda as a placeholder because he thought there may end up being an opportunity for it, but did not know if they were in a position to even be able to talk about it. Long Lake Councilmember Dyvik suggested that they hold off on this discussion because Long Lake and Orono were still negotiating on what this may look like. He explained that he felt the negotiations were looking good and felt that they were pretty close. He noted that the current fire services contract goes through the end of 2025, so the question also becomes what the rest of 2025 would look like and also what will things look like beginning January 1, 2026. Long Lake Councilmember Newcomer asked what kind of drills the LLFD was planning for 2025. Fire Chief Heiland noted that they currently have 2 houses that may be burned. Long Lake Councilmember Newcomer expressed frustration that the City of Wayzata had not reached out with an opportunity to conduct some drills during their recent tear down of the old bank building. He suggested that the LLFD may want to reach out to every nearby city and communicate that if they have permits that involve a tear down that they consider allowing the LLFD to do a drill. He noted that they would not even have to burn them, but it would still provide drilling opportunities for the LLFD. Fire Advisory Board Meeting Minutes March 5, 2025 - Page 4 Establish Next Meeting Date Fire Chief Heiland stated that he was pleased that Long Lake and Orono representatives had been meeting to discuss fire service in the area. There was consensus of the FAB to tentatively schedule the next meeting for May 21, 2025 at 4:00 p.m. Wrap -Up / Adjourn The meeting was adjourned by general consent at 4:31 p.m. Section 2A. F;'20 LONG LAKE, MN Monthly Exp/Rev Accounts -FD 2025 2025 %YTD MAY Account Descr Budget YTD Amt Budget 2025 Amt R 205-33402 FD Training Grants $0.00 $13,384.50 0.00% $1,694.68 R 205-33420 Fire Relief Assoc 2% State Aid $165,000.00 $1,000.00 0.61% $0.00 R 205-34210 Orono Fire Capital Funding $0.00 $0.00 0.00% $0.00 R 205-34212 Orono Fire Contract Revenue $577,849.00 $288,924.50 50.00% $0.00 R 205-34213 Long Lake Fire Capital Funding $0.00 $0.00 0.00% $0.00 R 205-34214 Long Lake Fire ContractRevenu $103,954.00 $51,977.00 50.00% $0.00 R 205-34215 Medina Fire Capital Funding $0.00 $0.00 0.00% $0.00 R 205-34217 Medina Fire ContractRevenue $68,245.00 $34,122.50 50.00% $0.00 R 205-34218 Minnetonka Beach contract rev $63,000.00 $31,500.00 50.00% $0.00 R 205-34220 FD Other Non -Contract Revenu $5,998.00 $2,483.92 41.41% $2,483.92 R 205-34951 Rent - Fire Dept. $5,078.00 $1,269.42 25.00% $0.00 R 205-36230 Contributions and Donations $0.00 $2,085.56 0.00% $0.00 R 205-36260 Refunds & Reimbursements $0.00 $0.00 0.00% $0.00 R 205-39100 Sales of Land/Capital Assets $0.00 $28,500.00 0.00% $0.00 $989,124.00 $455,247.40 46.03% $4,178.60 42280 Fire Dept Administration E 205-42280-1000 FT Admin Office Salaries $116,035.94 $45,940.78 39.59% $13,388.76 E 205-42280-1055 FD Duty Crew Pay $0.00 $0.00 0.00% $0.00 E 205-42280-1060 OFD Duty Crew Pay $0.00 $0.00 0.00% $0.00 E 205-42280-1080 Fire Officer Pay $21,638.00 $7,414.24 34.26% $1,853.56 E 205-42280-1130 Insurance Opt Out Pay $14,500.00 $6,182.16 42.64% $1,800.63 E 205-42280-1210 PERA $21,464.06 $8,131.55 37.88% $2,369.82 E 205-42280-1220 FICA $7,500.00 $1,325.98 17.68% $362.91 E 205-42280-1310 Employer Paid Health $985.00 $439.80 44.65% $86.60 E 205-42280-1510 Workers Comp Insurance $44,000.00 $29,167.41 66.29% $0.00 E 205-42280-2010 Office Supplies $1,000.00 $555.73 55.57% $39.98 E 205-42280-2030 Printed Forms $500.00 $144.24 28.85% $144.24 E 205-42280-2080 Training/Instruct Material $250.00 $0.00 0.00% $0.00 E 205-42280-2175 Fire Prevention Materials $1,500.00 $0.00 0.00% $0.00 E 205-42280-2410 Fire Department Uniform $500.00 $0.00 0.00% $0.00 E 205-42280-3000 Professional Srvs $4,000.00 $219.50 5.49% $0.00 E 205-42280-3010 Auditing and Actg Servic $7,500.00 $4,000.00 53.33% $0.00 E 205-42280-3090 Software Support $8,500.00 $8,351.18 98.25% $10.83 E 205-42280-3110 W.A.F.T.A $2,000.00 $2,000.00 100.00% $0.00 E 205-42280-3120 Legal Fees - Civil $2,500.00 $0.00 0.00% $0.00 E 205-42280-3150 LL Admin Fee $18,000.00 $18,000.00 100.00% $18,000.00 E 205-42280-3230 Cell Phones $520.00 $206.00 39.62% $60.00 E 205-42280-3310 Travel / Mileage Reimb $400.00 $125.96 31.49% $0.00 E 205-42280-3350 Education/ Conferences $4,500.00 $80.20 1.78% $0.00 E 205-42280-3355 Motor Vehicle Lic & Reg $100.00 $0.00 0.00% $0.00 E 205-42280-3610 General Liability Ins $9,500.00 $10,809.50 113.78% $0.00 E 205-42280-4045 Insurance Claim Expense $250.00 $0.00 0.00% $0.00 E 205-42280-4135 Copier Maintenance $650.00 $0.00 0.00% $0.00 E 205-42280-4300 Miscellaneous $1,500.00 $0.00 0.00% $0.00 E 205-42280-4330 Dues and Subscriptions $2,750.00 $2,150.75 78.21% $214.99 E 205-42280-4450 Food & Beverage(Mtgs/ $1,500.00 $861.71 57.45% $119.52 E 205-42280-4600 Recognition Expenditures $1,000.00 $0.00 0.00% $0.00 E 205-42280-5710 Computer/Printer Replac $4,000.00 $392.84 9.82% $0.00 E 205-42280-5800 Other Equipment $4,000.00 $1,350.50 33.76% $0.00 42280 Fire Dept Administration $303,043.00 $147,850.03 48.79% $38,451.84 42281 Fire Dept Operations E 205-42281-1055 FD Duty Crew Pay $51,600.00 $12,100.00 23.45% $1,650.00 05/29 Section 28. P321 05/29 Section 28. 2025 2025 %YTD MAY Account Descr Budget YTD Amt Budget 2025 Amt E 205-42281-1065 Fire Call Pay $78,250.00 $30,047.68 38.40% $5,513.04 E 205-42281-1075 Fire Fighter Training Pay $63,774.00 $12,331.80 19.34% $3,546.40 E 205-42281-1085 Duty Officer Stipend $0.00 $0.00 0.00% $0.00 E 205-42281-1220 FICA $7,500.00 $4,167.68 55.57% $819.24 E 205-42281-2080 Training/Instruct Material $650.00 $82.28 12.66% $0.00 E 205-42281-2120 Motor Fuels $15,300.00 $3,671.54 24.00% $551.50 E 205-42281-2150 Shop Supplies $2,200.00 $235.60 10.71% $79.58 E 205-42281-2160 Chemicals and Chem Pro $1,500.00 $1,630.66 108.71% $0.00 E 205-42281-2190 Medical Supplies $3,800.00 $3,254.65 85.65% $2,978.63 E 205-42281-2210 Equipment Parts $3,500.00 $5,323.32 152.09% $0.00 E 205-42281-2215 SCBA Equipment Parts $900.00 $386.97 43.00% $0.00 E 205-42281-2400 Small Tools and Minor Eq $6,800.00 $4,789.38 70.43% $615.31 E 205-42281-2410 Fire Department Uniform $10,000.00 $2,689.70 26.90% $0.00 E 205-42281-2415 Turn Out Gear $34,000.00 $24,588.00 72.32% $0.00 E 205-42281-3050 Physicals / Other Medical $16,000.00 $630.00 3.94% $0.00 E 205-42281-3080 Training $24,000.00 $20,452.75 85.22% $3,080.00 E 205-42281-3225 Truck Communication Se $5,250.00 $2,721.04 51.83% $665.26 E 205-42281-3235 Cty 800mhz Radio Admin $20,000.00 $5,536.44 27.68% $1,384.11 E 205-42281-3280 Pagers/Radios Repairs & $1,500.00 $0.00 0.00% $0.00 E 205-42281-3285 Radio Lease $7,200.00 $1,834.88 25.48% $458.72 E 205-42281-3310 Travel / Mileage Reimb $1,000.00 $0.00 0.00% $0.00 E 205-42281-4030 Light Truck Maint & Repa $8,000.00 $8,674.69 108.43% $258.71 E 205-42281-4035 Heavy Truck Maint & Rep $19,000.00 $7,575.93 39.87% $447.45 E 205-42281-4040 Equip Maint & Repair $5,500.00 $4,504.01 81.89% $445.56 42281 Fire Dept Operations $387,224.00 $157,229.00 40.60% $22,493.51 42282 Willow Stn Facility Costs E 205-42282-2230 Bldg & Grnds Maint Supp $1,000.00 $91.14 9.11% $0.00 E 205-42282-3000 Professional Srvs $1,000.00 $314.50 31.45% $62.90 E 205-42282-3275 Internet Access (Mediaco $8,300.00 $2,310.05 27.83% $528.35 E 205-42282-3810 Electricity Expense $12,500.00 $3,574.90 28.60% $598.67 E 205-42282-3820 City Utilities (Wat,Sew,St $3,100.00 $1,066.25 34.40% $223.75 E 205-42282-3830 Natural Gas Expense $8,000.00 $5,411.79 67.65% $763.31 E 205-42282-3840 Custodial & Waste Remo $9,000.00 $3,546.69 39.41% $859.18 E 205-42282-3845 Lawn & Turf Maintenanc $2,600.00 $139.00 5.35% $139.00 E 205-42282-4010 Bldg Maint & Repairs $16,000.00 $17,304.49 108.15% $0.00 42282 Willow Stn Facility Costs $61,500.00 $33,758.81 54.89% $3,175.16 42283 FD Non -Operational Costs E 205-42283-1240 State Fire Aid Pension Co $165,000.00 $0.00 0.00% $0.00 E 205-42283-5000 Capital Outlay $0.00 $0.00 0.00% $0.00 42283 FD Non -Operational Costs $165,000.00 $0.00 0.00% $0.00 42286 Navarre Stn Facility Costs E 205-42286-2230 Bldg & Grnds Maint Supp $250.00 $0.00 0.00% $0.00 E 205-42286-3000 Professional Srvs $1,000.00 $314.50 31.45% $62.90 E 205-42286-3275 Internet Access (Mediaco $7,000.00 $1,793.70 25.62% $85.26 E 205-42286-3810 Electricity Expense $4,500.00 $1,796.13 39.91% $276.62 E 205-42286-3820 City Utilities (Wat,Sew,St $2,300.00 $766.58 33.33% $185.45 E 205-42286-3830 Natural Gas Expense $3,500.00 $3,057.79 87.37% $232.93 E 205-42286-3840 Custodial & Waste Remo $7,000.00 $1,704.72 24.35% $312.49 E 205-42286-3845 Lawn & Turf Maintenanc $1,000.00 $0.00 0.00% $0.00 E 205-42286-4010 Bldg Maint & Repairs $9,500.00 $2,910.67 30.64% $0.00 42286 Navarre Stn Facility Costs $36,050.00 $12,344.09 34.24% $1,155.65 1;322 Section 2D. CATAGORY TASK OWNER COMPLETE BY DETAILS STATUS OFD DUTY CREWS Limit crews to 4 in Vector Shea Place appropriate limits on the first two slots for LLFD members Shea Place appropriate limits on the second two slots OFD members are already freely signing up for that for OFD members Shea ASAP slot The first shift M-F is 5 hours vs. 4. Is our $80 Changing the stipend should be a pain for LLFD stipend going to remain for these shifts? Mike payroll Develop notification process for OPD Shea Develop training criteria for LLFD members who serve on crews. Should include details for driver, officer, and crew members Shea Determine new DC hours and shifts Shea M-F 7a-8p, Sat 8a-4p, none on Sun Complete Load all LLFD members into Vector Shea Complete Train crews to wait to check into service until they are in the apparatus prepared to roll Shea This should coincide with the June 1 update Meet with Steve P. to provide update on Shea/Mike/ progress Cody 5/29/25 LLFD DUTY CREWS Limit crew slots to 2 per shift? Mike No. limitless Complete APPARATUS & EQUIPMENT Move L-1 to station 1 Ryan Complete TRAINING Move T-1 to station 2 Ryan/Jackson Empty and move R-12 to HQ Ryan Move T-12 to HQ Ryan Is there a known issue with the pump on L-1? when is it scheduled to be fixed? Shea Create an equipment list with equipment ownership Ryan Update the driving booklets to be more printer/user friendly and include T-1, E-1 Cody Create a ladder truck booklet. Cody/Shea P3 Section 2D. Make a plan for moving all non -shift training to Monday nights Scott/Shea Evaluate % tracking for part time firefighters Shea Update driving matrix and confirm credentials Scott Get LLFD members signed off on T-1 Get LLFD members signed off on driving L-1 Get LLFD members signed off on pumping L-1 Distribute planning efforts for Monday trainings Scott/Shea OPERATIONS Update the rollout matrix to include T-1, L-1, and E-1 (during DC hours) Mike Determine a new location for ice rescue gear Ryan / John Develop response procedures for LLFD for when OFD duty crews are on shift Mike/John Make a decision on smooth bore vs. fog John Make a decision on hose loads John TRANSITION COMMITTEE Collect volunteers and notify them Cody / Shea 6/18/2025 for 5 Assign them the task of selecting a new name Cody options Establish a Chief liaison Mike DISPATCH AND PAGING Notify dispatch of desired changes Ryan ASAP Do we switch LL area daytime call to OFD DC only? Mike ASAP DUTY OFFICER Make sure the old DO phone has cell service and put it back in C2 with a charger. Mike Get all DOs set up in Vector Cody Update DO shifts with recurring names Cody ADMINISTRATION Draft complete, will be reviewed in the next Chiefs meeting Separate lockers in the apparatus bay? Adams, Veach, Hoster, Johnsrud, Spinks, Brooks, Flerimoen, Hayden Mike can be the committee's point of contact Can the changes be affective 6/1/25? put a label on the phone displaying the phone number. Phone does not have service. Still waiting on a couple Need all DOs to get set up before this can happen Complete Section 2D. Make sure all members get logged into Vector Mike Enable LLFD to see OFD in Active 911 maps and vice versa Ryan/ Tom D. Email an LLFD roster with contact info to OFD Mike Email an OFD roster with contact info to LLFD Shea JPA PLANNING Paging between DC vs POC vs Station 1 vs Station 2 Finish on -boarding packet Cody Make recruiting plans and timeline 1n 325 AGENDA ITEM Date: June 9, 2025 Title: Annual Performance Review of the City Administrator Presenter: Adam Edwards, City Administrator / Engineer Section: Closed Session Item: 15 Purpose: The meeting will be closed as permitted by § 13D.05, Subd. 3(a), to evaluate the performance of the City Administrator. The purpose of this item is for the City Council to provide feedback on the City Administrator's performance over the preceding year. 2. Background: Per the City Personnel Policy all employees are to receive a performance review annually by their supervisor. As the City Administrator reports directly to the City Council, the Council should provide the review. The review was started on April 14th but not completed due to the lateness of the hour. 3. Process: a. The focus of this session will be to establish expectations for the remainder of 2025. b. For reference, the Administrator responsibilities are broken down into three main areas below, in addition to the City Engineer function: • Lead Staff. Provide leadership to, and manage the activities of, the city staff and consultants to ensure city functions are provided in an efficient and resident focused manner. Create and maintain a professional and positive work environment. • Support Council. Ensure the City Council is provided with the information and professional advise needed to make sound decisions. Ensure policies and directives of the council are carried out. Foster healthy working relationship between Council, staff and the community. • Coordinate with other agencies. Facilitate intergovernmental cooperation with neighboring communities and other government and non-profit partners, including shared services and other cooperative ventures. • City Engineer. Prepare, resource and manage programs and project to maintain and improve the City's infrastructure. Provide engineer advice to city departments. 4. Staff Recommendation: I recommend the Council provide the required annual review. COUNCIL ACTION REQUESTED Discuss and agree to goals and expectations of the City Administrator's for 2025. 326 AGENDA ITEM Date: June 9, 2025 Title: Closed Session - Labor Negotiation Discussion Presenter: Adam Edwards, City Administrator / Engineer Section: Closed Session Item: 16 Purpose: The meeting will be closed as permitted by section 13D.03 to discuss the City's labor negotiation strategy related to the City's negotiations with LELS Local 168, Police Sergeants, LELS Local No. 40, Patrol Officers, IUOE Local No. 49 AFL-CIO, and OPEIU Local No. 12 AFL-CIO. 2. Background: The city has four bargaining units. All of the bargaining units agreements are up for renewal in 2026. 3. Process: City staff has initiated a first round of negotiations to learn what the respective units are looking for in the renewed agreements. Once council has provided guidance, staff will continue negotiations with the bargaining units. Agreements will be brought back to council for formal approval. 4. Staff Recommendation: Hold the Closed Session. COUNCIL ACTION REQUESTED Provide staff guidance on strategy for labor agreement negotiations. 327