HomeMy WebLinkAboutResolution 7594 Establish Stubbs Bay Lake Improvement DistrictRESOLUTION OF THE CITY COUNCIL
A RESOLUTION APPROVING THE ESTABLISHMENT OF THE
STUBBS BAY LAKE IMPROVETVIENT DISTRICT
WHEREAS, the Orono City Council may agree the establishment of a lake improvement
district under Minnesota statute section 103B.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.
(21 The water and related land resource management programs to be undertaken in the
SBLID to include prevention and management of aquatic invasive species and surface
water protection 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.
RESOLUTION OF THE CITY COUNCIL
(5) The Board of Directors of the Stubbs Bay Lake Improvement District shall consist of 5
members serving 2-year terms except for the initial s members which shall include 3
ith 2-year terms. The initial members shall
members for 3-year terms and 2 members w
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
A 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:
Christine Lusian, Ci
erk
CITY OF ORONO
Bob Tunheim, Mayor
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 bays 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.
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.
Figure 1. Stubbs Bay Water Quality (MCWD)
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 2000s. 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 bloom s that impact the ecological health and limit the
recreational use of this water body.
Objectives:
1.Eurasian watermilfoil, curlyleaf pondweed, and flowering rush will be controlled as specified in the
proposed LVMP.
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.
- 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).
-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.
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
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
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)
st
*1 treatment in late fall 2025 (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 0
Exhibit C, Stubbs Bay Lake Improvement District Map*
*TheboundariesSBLIDmapisintendedtoincludeallpropertieswithdirectanddeeded
accesstothebay.Asinformationbecomesavailable,theSBLIDmapwillbeupdatedto
includeup-to-dateinformationonpropertieswithdirectordeededaccesstothebay,
including:landtransfers,lotsplitsorcombustions,neworupdateddeededeasements,missed
parcels,etc.
Exhibit D, Stubbs Bay LID Members Interested inan Appointment to the LID
Board
Proposed Board ofDirectors for SBLID
Lee Harren Lee Harren leeharren@gmail.comleeharren@gmail.com 175175Bayside Bayside RdRd
Karena Casey karenacasey@mchsi.com, Karena Casey karenacasey@mchsi.com, 255255Bayside Bayside RdRd
Plus 3 from this list ofcandidates:
Ray Bernal rybernal@frontier.com 3775Bayside Rd
John Erickson johnrosserickson@aol.com, 865Partenwood Rd
Asim Gul sasimgul@gmail.com, 855 Partenwood Lane
Mark Johnson markjohnson_ms@msn.com, 555 Oxford Mark Johnson markjohnson_ms@msn.com, 555 Oxford
RoadRoadBruce Lea brlea1@outlook.com, Bruce Lea brlea1@outlook.com, 740740 Tonkawa Tonkawa RdRd
Jennifer Leikikh jleikikh@comcast.net, 495Oxford Rd
Barb McCreight barti432@aol.com, 692 Tonkawa Rd
Matthew Walter mwalter@hrii.com, 746Tonkawa 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 teele12@yahoo.com, 356 West Lake Steet
Joe Joe Gilbertson, Gilbertson, 684 684 Tonkawa Tonkawa RdRd