HomeMy WebLinkAboutItem 1 - LA22-000068 (2815 CPR) PC RedDate Application Received: 12/13/2022
Date Application Considered as Complete: 02/03/2023
60-Day Review Period Expires: 04/04/2023
To: Chair McCutcheon and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: 21 February 2023
Subject: #LA22-000068, Valdes Lawn Care and Snow Removal LLC o/b/o Mark and Lisa Thostenson
2815 Casco Point Road
After-the-fact Setback Variances
Public Hearing
Background
In July of 2022 the timber lake slope walls, deck, and stair to the lake were destroyed by fire. A building
permit was issued (RAS22-000082) to reconstruct the walls in-kind. During the installation of the walls, staff
observed that the construction expanded beyond the in-kind limitations in the wall lengths and some of the
wall locations. As a result, on October 28th, a Stop Work order was issued. The contractor was directed to fill
in, compact, and secure the open areas with appropriate stabilization measures. Because the work was
halted prior to completion, on November 28th the owner requested and received permission from the City
Council to install a final wall at the top of the slope which their engineer determined to be necessary to
protect the integrity of the slope (Resolution No. 7315, attached as Exhibit K). Their engineer provided
documentation showing the slope failure is imminent and needed an emergency correction. That final wall
has been installed.
Currently, the owner is requesting after-the-fact variances to address the wall footprint expansions in the
bluff and lake yard. The lake stairs are an allowed improvement within the 75-foot setback and can be
constructed with an admirative building permit. According to City Code Section 78-71(c)(1) regarding
reconstruction of legal nonconforming structures involuntarily damaged or destroyed, the deck and shed
may also be rebuilt in-kind with an admirative permit. The change to the configuration of the retaining walls,
if approved, will likely impact the ability to fully recapture the previous structural footprints and dimensions
of the deck and shed.
Practical Difficulties Analysis
Applicant Submittal Information: The applicant has identified the slope and existing conditions as practical
difficulties supporting the requested variances. Additionally, they have provided supporting documentation
regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding
the application.
Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there are difficulties in
Application Summary:
Staff Recommendation:
FILE # LA22-000068
19 September 2022
Page 2 of 5
the topography and challenges brought on by the fire on the slope which may support the variances for the
expanded retaining walls. Staff supports the setback variances for the new wall footprint as long as the
change does not adversely impact neighboring properties and slope stability.
LOT ANALYSIS WORKSHEET
Section 78-350 & 78-1279 – Setbacks:
All of the improvements are within the 75-foot setback from the ordinary high water level (OHWL), and are
within the bluff. The newly constructed timber walls are situated generally where the previously existing
walls were located within the 75-foot setback and within the bluff. However, the new walls are not
considered an in-kind replacement as the footprint of some of the walls extend closer to the neighboring
properties, are in different configurations, and are in different locations than the previous walls. Variances
are required. The plans do not specifically clarify whether or not the new walls were constructed entirely
within the subject property boundaries; clarification is required.
Section 78-350 – Lot Area/Width:
LR-1C DISTRICT Lot Area Lot Width
Section 78-1680 and 78-1700 – Hardcover Calculations:
The applicant has provided hardcover calculations, attached as Exhibit E. The hardcover calculations include
the walls as well as replacement stairs to the lake, landings, deck, and shed/boathouse. They are not
requesting variances to exceed 25% hardcover.
Stormwater
Overlay District Total Area in
Zone
Allowed
Hardcover Existing Hardcover Proposed
Hardcover*
Tier 1 14,926 s.f.
*Includes the improvements/changes shown as part of Building Permit RPS22-000126.
Applicable Regulations:
Bluff and 75-foot Lake Setback Variance (Section 78-1279)
The proposed walls replaced walls destroyed by a fire along with other lakeyard improvements such as lake
access stairs, a deck, and a shed beneath the deck. Due to the bluff and steep nature of the slope on the
subject property as well as the immediately adjacent neighboring properties the walls are necessary.
Originally the applicant’s intent was to replace the destroyed walls in-kind. According to the applicant, the
process for the reconstruction involved removal of additional material from the slope. Once installed, the
placement of the new walls was determined to exceed the in-kind allowance.
All of the proposed improvements are within the bluff and lake setback. A lake stair is a permitted
improvement within the bluff and 75-foot setback. The deck/walkway and shed are not permitted, however
are able to be reconstructed in-kind. The property owners can apply for a building permit to re-build their
deck(s) and shed as long as the existing parameters are not exceeded. Because the new walls were installed
in a slightly different placement, size, and configuration, variances are required.
FILE # LA22-000068
19 September 2022
Page 3 of 5
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed
variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions,
light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding
area. The Planning Commission shall consider recommending approval for variances from the literal
provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties
because of circumstances unique to the individual property under consideration, and shall recommend
approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the
Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical
difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14,
when in harmony with this chapter. The board or the council may not permit as a variance any use that is
not permitted under this chapter for property in the zone where the affected person's land is located. The
board or council may permit as a variance the temporary use of a one-family dwelling as a two-family
dwelling.
According to MN §462.357 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. Preserving and
protecting the lake yard slope is in harmony with the intent of the ordinance. Staff recommends
the proposed retaining walls be screened with vegetation to maintain the rural nature of the lake
wherever feasible.
2. The variance is consistent with the comprehensive plan. The as-built retaining walls will continue to
maintain the integrity of the slope and protect the slope from catastrophic failure which protects
the lake as well as neighboring properties. The proposal is consistent with the comprehensive plan
in this manner.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not permitted by
the official controls; The owner has installed retaining wall improvements which are
residential in nature and reasonable from a residential scope.
b. There are circumstances unique to the property not created by the landowner; The owner
has constructed retaining walls to protect against failure of the slope resulting from a
catastrophic fire. The existing improvements within the slope of the lake yard were not
originally constructed by the owner; and
c. The variance will not alter the essential character of the locality. There were previously
existing retaining walls and improvements in the lake yard. The variance to permit the
expanded retaining wall structure within the bluff and 75-foot lake setback will help to
maintain the existing slope and character of the area.
Additionally City Code 78-123 provides additional parameters within which a variance may be granted as
follows:
4. Economic considerations alone do not constitute practical difficulties. Economic considerations
have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar
energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat.
§ 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not
applicable.
FILE # LA22-000068
19 September 2022
Page 4 of 5
6. The board or the council may not permit as a variance any use that is not permitted under Orono
City Code Chapter 78 for property in the zone where the affected person's land is located. This
condition is not applicable, as residential improvements are an allowed use in the LR-1C District.
7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-
family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such property or
immediately adjoining property. The slope of the property combined with the pre-existing
improvements are unique conditions affecting the subject property.
9. The conditions do not apply generally to other land or structures in the district in which the land is
located. The steep slope, existing timber wall configuration, and the existing improvements create
conditions which do not apply to all of the adjacent properties.
10. The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant. Granting bluff and lake setback variances to allow the retaining
walls within the 75-foot lake setback to remain as constructed with an expanded footprint is
reasonable, is a better solution long-term, and is necessary to preserve the rights of the owner.
The variance is supported by the vulnerable slope on the property.
11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,
or in any other respect be contrary to the intent of this chapter. Granting the lake yard setback
variance allowing the retaining walls within the bluff and 75-foot lake setback will not adversely
impact health, safety, comfort or morals, or in any way be contrary to the ordinances.
12. The granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable difficulty. The proposed/as-constructed walls within the lake
yard will continue to preserve the integrity of the slope and there is no conforming location to
install the retaining walls which would protect the slope. Preserving the existing wall is necessary
for the protection of the slope and the lake.
The Commission may recommend or Council may impose conditions in granting of variances. Any conditions
imposed must be directly related to and must bear a rough proportionality to the impact created by the
variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district
where such land is located.
Engineer Review
As part of the approval for the emergency slope repair, the City Council directed the applicant to provide an
engineer’s opinion regarding the stability of the slopes on the neighboring properties, the opinion letter is
attached as Exhibit H.
Public Comments
Comments from the public have been received and are attached as Exhibit L.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the property in
a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance (s), if granted, will not alter the essential
character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts
created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
FILE # LA22-000068
19 September 2022
Page 5 of 5
Planning Staff Recommendation
Planning Staff recommends approval of the setback variances for the improvements as proposed. Staff does
not recommend approval of any walls which encroach into neighboring properties. The applicant should be
asked to confirm that the retaining wall work was not conducted beyond the property lines. If
improvements were installed into neighboring properties, the application should be modified to include that
work as well as confirm property owners’ consent for the work. Staff further recommends vegetative
screening of the walls be implemented to screen the new walls from the lake as much as feasible.
List of Exhibits
Exhibit A. Application & Narrative
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Previous “Existing Conditions” Survey
Exhibit D. As-Built Survey
Exhibit E. Hardcover Calculations
Exhibit F. Plan Comparison – Staff Annotated
Exhibit G. Photos
Exhibit H. Engineer Opinion
Exhibit I. City Council Minutes 11/28/2022
Exhibit J. Council Memo 11/28/2022
Exhibit K. Resolution No. 7315
Exhibit L. Public Comment
Exhibit M. Property Owners List
Exhibit N. Plat Map
2/15/23, 8:59 AM Permit Details | Citizenserve
https://www5.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=11170951&WorkOrder_ID=863…1/1
Land Use Application Summary
Application Date:12/13/2022
Address:2815 Casco Point RD
Orono, MN 55391
Parcel Number:2011723320011
Land Use Number:LA22-000068
Application Submitted By:Agent on behalf of property owner
Owner:Name: Lisa & Mark Thostenson
Address: 2640 Lakewood Lane, Mound MN
Applicant:Name: Josh Prust
Company: Valdes Lawn Care and Snow Removal, LLC
Address: 9591 60th St N
Lake Elmo, MN 55042
jprust@valdeslawn.com
Contact Information:Associated Contact: Josh Prust
jprust@valdeslawn.com
Associated Contact:
Associated Contact:
Associated Contact:
Project Description:After the fact variances for Replacement of Destroyed Retaining Walls
Land Use Application Type:Amendmend Application
Appeal of Admin Decision
Concept Application
Conditional Use Permit
Site Plan Application
Subdivision Application
Subdivision Exception
Vacation Application
Variance Application
Applicant Signature:
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
LA22-000068
1. The property owner proposes to use the property in a reasonable manner not
permitted by the Zoning Chapter.
Response: The contractor wishes to keep the as built retaining wall improvements in place which are
residential in nature and reasonable from a residential scope of protecting the bluff and the lake.
2. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
Response: The contractor has installed retaining wall improvements to protect against failure of the
slope. The damage to the pre existing structures and resulting loss of bluff retention/protection was
not created by the landowner
3. The variance, if granted, will not alter the essential character of the locality.
Response: There were pre existing retaining walls and other structures on the slope. The variance to
permit the expanded retaining wall structure within the 75-foot lake setback is necessary to maintain
the integrity of the existing slope.
4. Economic considerations alone do not constitute practical difficulties if reasonable use
for the property exists under the terms of the Zoning Chapter.
Response: Economic considerations have not been a factor in the variance approval determination.
5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this
Chapter.
Response: This criteria is not applicable.
6. The Board of Appeals and Adjustments or the Council may not permit as a variance any
use that is not allowed under this Chapter for property in the zone where the affected
person's land is located.
Response: This criteria is not applicable.
7. The Board or Council may permit as a variance the temporary use of a one-family
dwelling as a two-family dwelling.
Response: This criteria is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property.
Response: The as-built retaining walls, steep bluff, pre as-built structures and the fire which
destroyed them are uniquely specific to the property.
9. The conditions do not apply generally to other land or structures in the district in which
said land is located.
Response: The existing as-built retaining walls and steep bluff are unique conditions affecting this
property and do not apply to land or structures in the district in which the land is located.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
Response: Granting a variance to allow the retaining wall expanded footprint within the 75-foot lake
setback is reasonable and is a better solution long-term to provide stabilization to the bluff, and is also
necessary to preserve the rights of the owner. The variance is supported by the vulnerable slope on
the Property.
11. The granting of the proposed variance will not in any way impair health, safety,
comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.
Response: Granting the lake yard setback variance allowing the as built retaining walls to remain as-
is within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any
way be contrary to the ordinances.
12. The granting of such variance will not merely serve as a convenience to the applicant
but is necessary to alleviate demonstrable difficulty.
Response: To grant the variance will not merely serve a convenience tool to the contractor and/or
landowner, but will continue to preserve the integrity of the bluff. By granting the variance for the as
built walls to remain in place is necessary for the protection of the land and the lake.
LOT 120
965
.
3
965.1
967.8
4
FFE
96
5
.
4
964.
4
961.4
963.1
96
2
.
0
961
.
7
96
2
.
3
960.8
964.1
0
FFE G
A
R
959
.
6
3
FFE
L
O
W
96
6
.
5
TRE
E
2
4
I
N
966.2
TREE
2
0
I
N
TRE
E
2
0
I
N
960.72
FND 3/4 IP
96
6
.
0
4
FN
D
1
2
7
5
5
645
927.
6
8
H20
E
L
E
V
I
C
E
1
0
J
A
N
2
3
972.6966.596
7
.
0
967.3
960.
1
6
963
.
6
961.5
96
3
.
7
9
FF
E
G
A
R
963
.
9
963
.
3
3
963.2
0
963.56
FND 3
/
8
R
E
B
A
R
TREE
3
6
I
N
TR
E
E
2
4
I
N
23.3
7.9
10.9
36
.
4
23.5
9.9
11.01.7
3.3
6.5
3.2
21
.
3
EX
I
S
T
I
N
G
HO
U
S
E
EXISTING
HOUSE
1,343 SQFT EXISTING
HOUSE
EX
.
GA
R
A
G
E
EXISTING
GARAGE
28
.
0
24.0
24.0
28
.
0672 SQFT
EXISTINGFOUNDATION710 SQFT
23
.
6
30.0
24
.
0
8.6BAY
WINDOW
NAI
L
I
N
B
L
A
C
K
T
O
P
T.W.=
9
5
7
.
0
B.W.=
9
5
3
.
4
T.W.=
9
5
3
.
2
B.W.=
9
4
8
.
8
T.W.=
9
4
8
.
8
B.W.=
9
4
2
.
7
T.W.=
9
4
2
.
6
B
.
W
.
=
9
3
9
.
6
T.W.=
9
3
9
.
5
B
.
W
.
=
9
3
6
.
7
T.W.=
9
3
6
.
7
B.W.=
9
3
3
.
5
T.W.=
9
5
7
.
0
B.W.=
9
5
3
.
4
T.W
.
=
9
6
0
.
2
B.W
.
=
9
5
8
.
2
TIM
B
E
R
B
O
A
R
D
E
R
O
F
GA
R
D
E
N
F
R
O
M
A
D
J
.
LO
T
(
T
O
B
E
R
E
M
O
V
E
D
)
928 930
932
932934
936 938
940 942
944946
950
956
960 96
2
960
95
8
962
96
4 96
2
962
964
966
966
964
96
2
96
0
SURV
E
Y
L
I
N
E
TOP O
F
R
O
C
K
S
75FT
O
F
F
S
E
T
O.H.W
.
L
I
N
E
LOCATION PER
PREVIOUS SURVEY,
WAS NOT LOCATED
DUE TO CONDITIONS
O.H.W
.
L
I
N
E
=
9
2
9
.
4
EDGE
O
F
I
C
E
1
1
J
A
N
2
3
STAIR
S
T
O
BASE
M
E
N
T
ORDIN
A
R
Y
H
I
G
H
W
A
T
E
R
E
L
E
V
.
(O.H.
W
.
)
=
9
2
9
.
4
HIGH
E
S
T
R
E
C
O
R
D
E
D
=
9
3
1
.
1
TOP O
F
I
C
E
(
1
1
J
A
N
2
3
)
=
9
2
8
.
0
14,650± SQFT
CANTILEVER
N66°21
'
4
7
"
W
5
3
.
4
5
22
.
0
3
20
.
1
8
WIND.
WELL
PROP DRIVE933 SQFT
PR
O
P
W
A
L
K
74
S
Q
F
T
PR
O
P
S
T
O
O
P
80
S
Q
F
T
EXIST. RET.
WALL 23 SQFT(TO BEREMOVED)
EXIST. DRIVE834 SQFT
(TO BE REMOVED)
(TO BE REMOVED)
REPLACE
CONC PATIO
108 SQFT
SEE SHEET 2
DETAIL OF WALLS
WIND.
WELL
ORIGINAL
WALL
DESIGN
130 SQFT (IN R.O.W)
AS-BUILT SURVEY
~for~VALDES LAWN CARE
~of~ 2815 CASCO POINT ROAD, ORONO MN.
I hereby certify that this plan, survey or report was prepared by
me or under my direct supervision and that I am a duly Licensed
Land Surveyor under the laws of the State of Minnesota.
By:
Minnesota License No.
Dated day of 2023.
Part of Lot 120, SPRING PARK, Hennepin County, Minnesota.
31st January
52705
NORTH
2/3/2023
NO. DATE DESCRIPTION BY
SCALE: 1" = '
DATUM: JOB NO.
REVISIONS
DRAWN BY:
CREW:
221329AS
CBS
CBS/BCK
30
Assumed
DATE: 1
2
3
E. G. RUD & SONS, INC.
Professional Land SurveyorsEST. 1977
990 5th Ave SE, Suite 2Hutchinson, MN 55350
Tel. (320) 587-2025
www.egrud.com
DENOTES RETAINING WALL
DENOTES FENCE
DENOTES OVERHEAD UTILITY
DENOTES SILT FENCE
DENOTES BUILDING SETBACK LINE
LEGEND
DENOTES IRON MONUMENT FOUND AS LABELED
DENOTES POWER POLE
DENOTES CONCRETE SURFACE
DENOTES BITUMINOUS SURFACE
DENOTES TELEPHONE PEDESTAL
DENOTES EXISTING SPOT ELEVATION
DENOTES MAILBOX
DENOTES ELECTRICAL BOX
DENOTES EXISTING CONTOURS
PIN No. 17-119-22-14-0008
Owner: City of X
Address: Unassigned
DENOTES AIR CONDITIONING UNIT
DENOTES SANITARY SEWER MANHOLE
X 952.36
DENOTES ADJACENT PARCEL OWNER INFORMATION
(PER HENNEPIN COUNTY TAX INFORMATION)
- Field survey was completed by
E.G. Rud and Sons, Inc. on
01/10/22.
- Bearings shown are on an
assumed datum.
- Parcel ID Number:
2011723320011.
- This survey was prepared
without the benefit of title work.
Additional easements,
restrictions and/or
encumbrances may exist other
than those shown hereon.
Survey subject to revision upon
receipt of a current title
commitment or an attorney's
title opinion.
- Due to field work being
completed during the winter
season there may be
improvements in addition to
those shown that were not
visible due to snow and ice
conditions characteristic of
Minnesota winters.
- Boundary work was not
completed as part of this
as-built survey any
monuments and boundaries
are for reference only.
NOTES
Per Certificate of Title No. 1541552
All that part of Lot 120, SPRING PARK, and
all the unplatted land and that portion of
Lake Shore Avenue Vacated, lying between
Lot 120 of SPRING PARK and the side lines of
said Lot projected to Lake Minnetonka, which
lies northwesterly of a line running parallel
with and five feet northwesterly from the
southeasterly line of said Lot and the
extension thereof.
Legal Description of Record
030 30 6015
EXISTING IMPERVIOUS
SURFACE CALCULATIONS
TOTAL LOT AREA ..................... 14,650± FT2
EXISTING HOUSE ........................ 1,343 FT2
EXISTING GARAGE ........................ 672 FT2
EXISTING DRIVEWAY (ON LOT) ...... 834 FT2
EXISTING CONC STAIRS .................. 23 FT2
EXISTING WOOD STAIRS ................. 29 FT2
EXISTING RET WALLS .................... 195 FT2
TOTAL IMPERVIOUS SURFACE ...... 3,096 FT2
PERCENT IMPERVIOUS ..................... 21.1%
BENCHMARK
BENCHMARK: MNDOT GSID STATION #11452
MNDOT NAME: JOHNSON MN053
ELEVATION = 938.909 NGVD29
PROP. IMPERVIOUS SURFACE
CALCULATIONS
TOTAL LOT AREA ..................... 14,650± FT2
EXISTING HOUSE ........................ 1,343 FT2
EX. RET WALL NEAR EX. GARAGE ..... 23 FT2 *
TIMBER BORDER (REMOVAL) .......... 32.5 FT2 *
PROPOSED GARAGE ....................... 710 FT2
PROPOSED WALK ............................ 74 FT2
PROPOSED STOOP ........................... 80 FT2
PROP. PATIO ................................. 108 FT2
PROP. DRIVEWAY .......................... 933 FT2
PROP. RETAINING WALLS STEPS .... 122.4 FT2
PROP. RET. WALL STEP LANDING ..... 12.3 FT2
PROP. DECK AND BOAT HOUSE ..... 118.8 FT2
EXISTING CONC STAIRS .................. 23 FT2
EXISTING RET WALLS ................. 139.5 FT2
EXCLUDED RET. WALL REMOVAL ..... 23 FT2
EXCLUDED TIMBER BORDER ........ 32.5 FT2
EXCL. RET. WALLS UNDER STEPS ... 12.3 FT2
TOTAL IMPERVIOUS SURFACE ... 3,651.7 FT2
PERCENT IMPERVIOUS ................... 24.93%PIN No. 2011723320012
Owner: C A & C D PRICE
Address: 2813 CASCO PT ROAD
PIN No. 2011723320010
Owner: WESLEY & BRENDA BYRNE
Address: 2817 CASCO PT ROAD
- This survey boundary was
calculated using a survey by
Gronberg & Associates Land
Surveying dated 5-18-22.
PAGE 1 OF 3
DENOTES ORIGINAL RETAINING WALL
3FEB23 REVISE IMPER. TABLE CBS
963.56
FND 3
/
8
R
E
B
A
R
T.W.=
9
5
7
.
0
B.W.=
9
5
3
.
4
T.W.=
9
5
3
.
2
B.W.=
9
4
8
.
8
T.W.=
9
4
8
.
8
B.W.=
9
4
2
.
7
T.W.=
9
4
2
.
6
B
.
W
.
=
9
3
9
.
6
T.W.=
9
3
9
.
5
B
.
W
.
=
9
3
6
.
7
T.W.=
9
3
6
.
7
B.W.=
9
3
3
.
5
T.W
.
=
9
6
0
.
2
B.W
.
=
9
5
8
.
2
928 930
932
932 934
936
938
940
942
944 946
950
956
960 96
2
960
95
8
962
TOP O
F
R
O
C
K
S
O.H.W
.
L
I
N
E
=
9
2
9
.
4
EDGE
O
F
I
C
E
1
1
J
A
N
2
3
ORDIN
A
R
Y
H
I
G
H
W
A
T
E
R
E
L
E
V
.
(O.H
.
W
.
)
=
9
2
9
.
4
HIGH
E
S
T
R
E
C
O
R
D
E
D
=
9
3
1
.
1
TOP O
F
I
C
E
(
1
1
J
A
N
2
3
)
=
9
2
8
.
0
ORIGINAL
WALL
DESIGN
952
954
948
I hereby certify that this plan, survey or report was prepared by
me or under my direct supervision and that I am a duly Licensed
Land Surveyor under the laws of the State of Minnesota.
By:
Minnesota License No.
Dated day of 2023.NO. DATE DESCRIPTION BY
SCALE: 1" = 'BEARING DATUM:
JOB NO.
1
2
3
REVISIONS* BUILDER TO VERIFY HOUSE DIMENSIONS, SEWER DEPTH AND FOUNDATION DEPTH.
* DRIVEWAYS ARE SHOWN FOR GRAPHIC PURPOSES ONLY. FINAL DRIVEWAY DESIGN
AND LOCATION TO BE DETERMINED BY CONTRACTOR.
* FINISHED GRADE ADJACENT TO HOME SHALL BE 0.5 FEET BELOW TOP OF BLOCK
EXCEPT AT DRIVEWAY AND PATIO.DRAWN BY:
CREW:
221329AS
CBS
CBS&BCK
10Assumed
January31st
CERTIFICATE OF SURVEY - WALL DETAIL ORIGINAL DESIGN
NORTH
DATE:
E. G. RUD & SONS, INC.
Professional Land SurveyorsEST. 1977
990 5th Ave SE, Suite 2Hutchinson, MN 55350
Tel. (320) 587-2025
www.egrud.com
~for~ VALDES LAWN CARE
~of~ 2815 CASCO POINT ROAD, ORONO MN.
Part of Lot 120, SPRING PARK, Hennepin County, Minnesota.
DENOTES EXISTING RETAINING WALL
LEGEND
DENOTES IRON MONUMENT FOUND AS LABELED
DENOTES EXISTING SPOT ELEVATION
DENOTES EXISTING CONTOURS
X 952.36
010 10 205
BENCHMARK
BENCHMARK: MNDOT GSID STATION #11452
MNDOT NAME: JOHNSON MN053
ELEVATION = 938.909 NGVD29
Wall information labeled as T.W. (Top of
Wall) and B.W. (Bottom of Wall) are
averages of shots taken along the top
and bottom of the wall respectively.
Walls were constructed of 6in by 5in
timbers.
NOTES
2/3/2023
DENOTES ORIGINAL RETAINING WALL
52705
PAGE 2 OF 3
January 31, 2023
Josh Prust
Valdes Lawn Care & Snow Removal
Submitted by email: jprust@valdeslawn.com
RE: Timber Retaining Wall – Adjacent Property Review
Project Location: 2815 Casco Point Road, Orono, Minnesota
Project No. 22-6589
Dear Mr. Prust:
At your request, this letter is being provided to discuss the impact of the recent and on-going timber
retaining wall construction to the adjacent properties north and south of the subject property. From the
information you have provided, the neighbors and City of Orono have concerns that the wall construction
may negatively impact the adjacent properties in terms of erosion.
In my professional opinion, the wall construction has not negatively impacted the grading and erosion on
the adjacent properties to the north and south. As part of my evaluation, I reviewed the As-Built Survey
prepared by E.G. Rud & Sons, Inc. dated January 13, 2023. The survey information confirms that the new
walls do not substantially affect the grading on the adjacent properties.
Based on photos you provided of conditions present prior to the construction of the new tiered timber wall
system, there was already significant, on-going erosion and surface water control issues on the adjacent
properties. Numerous trees had exposed roots and the slope had areas of exposed soil.
Currently, and when the project is complete, the new walls provide improved surface water control and
soil retention when compared to the previous walls. As planned, erosion control should be established.
This evaluation has been prepared in strict confidence with you as our client. Reliance upon our design
by other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend
and hold harmless the Engineer from any third-party action. No reproduction or re-use is permitted
without express written consent. Further, we will not release this design to anyone without your
permission. All other previous terms and conditions apply.
Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: January 31, 2023 License #: 40126 (MN)
MINUTES OF THE
ORONO CITY COUNCIL MEETING
November 28 2022
6:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Dennis Walsh, City Council Members Matt Johnson,Aaron Printup,Richard Crosby III,and Victoria
Seals. Representing Staff were City Attorney Leah Koch, City Administrator/Engineer Adam Edwards,
Finance Director Ron Olson, Community Development Director Laura Oakden,and City Planner Melanie
Curtis.
Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
CONSENT AGENDA
1.CITY COUNCIL MEETING MINUTES OF NOVEMBER 14,2022
2. CLAIMS/BILLS
3. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT WITH LELS LOCAL 40
4. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT WITH LELS LOCAL 168
5. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT WITH OPEIU LOCAL
12
6. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT WITH LOCAL 49
7. POSITION REVIEW AND RESCORING
8. APPROVAL OF ANNUAL RECORDING SERVICE AGREEMENT WITH TIMESAVER
OFF SITE SECRETARIAL FOR MEETING MINUTES
9. APPROVAL OF PROPOSED COUNCIL LIAISON TO PLANNING COMMISSION IN
2023
10. APPROVAL OF PROPOSED 2023 OFFICIAL MEETINGS CALENDAR
11. APPROVAL OF DESIGNATED POLLING PLACES FOR 2023—RESOLUTION NO.
7317
12. APPROVAL OF 2023 ANNUAL LIQUOR LICENSES
13. APPROVAL OF FIREWORKS DISPLAY PERMIT—TREE LIGHTING EVENT AT
ORONO PUBLIC GOLF COURSE
14. APPROVAL OF DONATIONS AND APPROVAL OF EXPENDITURES FOR THE
ANNUAL TREE LIGHTING EVENT—RESOLUTION NO.7316
15. APPROVAL TO DISPOSE OF A FIREARM
16. LA22-000052—DENALI CUSTOM HOMES, 1780 SHADYWOOD ROAD,VARIANCES—
RESOLUTION NO. 7313
Page 1 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
November 28 2022
6:00 o'clock p.m.
17. LA22-000061—WILLIAM&KATHLEEN WANNER- 1095 FERNDALE ROAD WEST—
2ND EXTENSION OF RESOLUTION NO.7150—RESOLUTION NO.7314
18. HENNEPIN COUNTY FIBER CONNECTION
Crosby moved,Seals seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 5,Nays
0.
Mayor Walsh complimented the Staff, City Attorney,and Union Employees for getting the Union
Contracts finalized.He thanked everyone for their work in finding common ground for the next three
years. He also thanked everyone who donated towards the fireworks displays and holiday lighting
including Orono Dental Care,Lunds and Byerlys,North Mallow, Orono Lion's,Holiday Circle K,
Culvers, Orono Parks Legacy Fund, Paul Kovista,Kottemann Orthodontics, Otten Brothers,Pfeffer's
Meats, Westonka Animal Hospital, Orono School District,Bob and Lisa Erickson,Denny and Amanda
Walsh,and Ben and Heather Goodwin. The holiday event starts at 5:00 p.m. at the Orono Golf Course on
Saturday,December 3,2022.
FINANCE DIRECTOR REPORT
Finance Director Olson noted it is a busy time for the Finance Department in preparation for adopting the
final budget and tax levy.
COMMUNITY DEVELOPMENT REPORT
19. 2815 CASCO POINT ROAD,VALDES O/B/O LISA THOSTENSEN,EMERGENCY
SLOPE REPAIR—RESOLUTION NO. 7315
Josh Prust, on behalf of Joe Valdes,Applicant,was present.
Staff presented a summary packet of information. City Planner Curtis stated in July the property's walls,
deck,and stairs to the lake were destroyed by fire. The owner submitted a building permit application to
repair the walls in-kind; during installation of the walls, Staff noted the construction had extended beyond
the in-kind footprint and work was stopped.The contractor was directed to stop and stabilize the area.
The owner is requesting additional permission to install an additional wall at the top of the slope. The
Applicant's engineer has determined this to be necessary to protect the integrity of the slope over winter.
The Applicant will submit an after-the-fact variance application to address the wall footprint expansions
in the lakeyard setback. Until that time,the engineer has provided documentation showing the slope
failure is imminent and needs an emergency correction. Curtis noted the City's Engineer reviewed the
documentation and recommends the City Council authorize the emergency repair to stabilize the slope.
Staff recommends approval of the Resolution to allow the contractor to proceed with the emergency slope
failure repair as designed.
Mayor Walsh received a call from a neighbor and he was shocked when he went to the property at the
amount of digging that took place on the hill. He noted they dug out the entire hillside on both sides and
he is trying to understand how that happened.
Page 2 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
November 28 2022
6:00 o'clock p.m.
Josh Prust, Valdes Lawn Care and Snow Removal, is present on behalf of Joe Valdes who constructed the
walls and removed the soil.Mr.Prust is new to the project as of a couple weeks ago when Mr.Valdes
asked him to figure out how the project got to that point. Mr. Prust's understanding is that as permitted
work to the walls was being done,Mr. Valdes realized the ends of the walls were not long enough to
retain the hillside.Mr.Valdes was afraid if the walls were left in that state,the bluff would erode and
eventually end up in the lake.Mr.Prust noted Mr. Valdes made some choices and understands his fault in
expanding the walls beyond what was permitted; he was trying to do what was best in his mind to keep
the hillside in place.
Mayor Walsh stated they brought in a massive digging machine and dug out way beyond what would be
necessary. He noted the decision now is whether to give forgiveness which is not a good precedent, or to
figure out how to put the hill back together.
Johnson noted it makes sense to stabilize it for the winter,but he also has some legal questions. The idea
behind emergency slope repair is that one does not create the emergency.
Paul Schimnowski, Criterium-Schimnowski Engineers, 161 Dunbar Way,Mahtomedi,was asked to
provide a design for the replacement walls. He noted the City's concerns are valid in how much they saw
being moved. When the original walls were built,that kind of dirt would have been moved at that time, as
well due to the tiebacks needing to be dug out and reinstalled.He understands that the request right now is
the emergency work and there is no guarantee that an after-the-fact variance may be approved.He wants
to be sure what is there is stable and will get them to spring without any more erosion or slope failure.
Mayor Walsh wants to be clear if this is approved,a stop-work order is on everything else on the slope.
Mr.Prust agreed.
Mayor Walsh noted there are legal issues needed down the road to solve this. It is a complicated problem
that was not created by the City but by the Applicant.
Johnson asked if the engineer's investigation includes the neighbor's properties and whether their slopes
could now be impacted by the work.
Mr. Schimnowski replied immediately following the emergency work a full topographic survey will be
performed beyond the property line to the adjacent properties to make sure any impacts on adjacent
properties are mitigated.
Johnson clarified the emergency repair includes neighboring properties as it relates to the work done on
the Applicant property.
Mr. Schimnowski replied in the affirmative. They will be shoring up their land.
Johnson wants it on the record that they are also responsible for assessing impacted areas because the
project grew.He clarified the neighbors have done nothing wrong.
Charles Price,2813 Casco Point Road,noted it seems that they do need the emergency slope repair to
keep the slope from failing over winter.He clarified that this does not approve the Applicant to leave it
as-built.
Page 3 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
November 28 2022
6:00 o'clock p.m.
Mayor Walsh replied in the affirmative.It would be approved with that they cannot do any other work
besides the temporary fix and will need to apply for a variance for the additional work that has been done.
Seals asked if the Prices have noticed any issues on their property.
Mr. Price replied it is tough because they were on the bluff trying to put the fire out but it was too
massive. They were trying to keep their oak trees alive,which hold up the bluff. When he had a survey
done,the top of the bluff is 42 feet elevation higher than the lake. In looking at the work that has been
done,Mr.Price noted a massive amount of dirt has gone away,much more than has gone back in. He
thinks it is probably 25-30 feet further away from the lake than it was before.
Carol Price noted it is worrisome that the bluff has been pushed back and their property is vulnerable
now. They are worried,and while they think the work done has been good construction,Ms.Price does
not think they did it in the correct way to preserve what was there.It was definitely not like kind.
Johnson moved,Crosby seconded,to approve Resolution 7315,2815 Casco Point Road,Emergency
Slope Repair with conditions that no additional work be done and the Applicant must come back to
apply for appropriate variances.VOTE: Ayes 5,Nays 0.
CITY ATTORNEY REPORT
There was nothing to report.
CITY ADMINISTRATOR/ENGINEER REPORT
Edwards updated the City Council,noting with the freeze/thaw cycle the City had two water main breaks
in the system near Casco Point and at the High School.Both should be fixed this evening.
PUBLIC COMMENTS
Brad Erickson, 2485 Independence Road,stated these are the events tying Mayor Walsh and Mr. Crosby
to right-wing extremism, seditious conspiracy,conspirators,the Proud Boys, and ultimately the Capitol
riots. On November 10, 2019,Mayor Walsh sent Mr.Erickson the first vulgar campaign video on
Facebook talking about Dems having"one hand in your pocket and the other in your ass."It also said
Dems are"f-ing crazy."On July 14,Mayor Walsh sent a second video on Facebook comparing the
extermination of six million Jews to mask mandates and then threatening it can happen here in America.
On November 21,2020 Mr. Crosby, on video and in tactical gear, attended a protest outside Governor
Walz's mansion which was also attended by the Minnesota Proud Boys. On November 28,Mr. Crosby,
on video and in tactical gear, attended another protest outside the Governor's mansion,also attended by
the Proud Boys and features Clay Nielson which is likely where they met for the first time. On December
5,2020 Mr. Crosby, on video and in tactical gear, attended a protest outside the Governor's mansion
where violence erupts, arrests are made,Mr. Crosby is interviewed spewing election conspiracy theory.
On December 14,2020 Mr. Crosby turns to crowdfunding for member Clay Nielson who was injured in
Washington D.C.while assaulting a black man. On January 6,2021 Mr. Crosby and a traveling
companion went to Washington D.C.to take part in the protests on the Capitol steps and were said to
have been bragging about it at the Long Lake Fire Station upon their return.On January 11,2022 Mr.
Page 4 of 8
Prepared By: mcc Reviewed By: LLO Approved By
1.Purpose. To adopt resolution approving an emergency repair of a lake slope.
2.Background. In July of 2022 the lake slope walls, deck and stair to the lake were destroyed by fire.
The property owner’s representative submitted a building permit application to repair the walls in-kind.
During the installation of the walls, staff observed that the construction expanded beyond the in-kind
limitations in the wall lengths and some of the wall locations. As a result, on October 28th a Stop Work
Order was issued. The contractor was directed to fill in, compact, and secure the open areas with erosion
control blankets staked into the ground or other appropriate stabilization measures. Because the work was
halted prior to completion, the owner is requesting permission to install a final wall at the top of the slope
which their engineer has determined to be necessary to protect the integrity of the slope.
The owner will be submitting an after-the-fact variance application to address the wall footprint
expansions in the lake yard. Until that time, their engineer has provided documentation showing the slope
failure is imminent and needs an emergency corrections.
City Code Section 78-1726 (6) states: Emergency repair exception. Slope failures have a direct impact
on the health and welfare of Orono residents, and timely response to such events is important to the
protection of natural resources and private property. Therefore, the city engineer may declare grading
and/or export/import activities in the Lake yard exceeding the limits above as emergency repair and
forward such application to the city council for immediate review. Emergency repair shall be defined
for the purposes of this article as the activities necessary to stabilize a failing slope, or prevent the
imminent failure of a slope, in the opinion of the city engineer.
The recommended correction for this slope failure is to construct one additional new wall at the top of the
slope (Exhibit B). The owner understands that, if approved, this correction may be temporary as the after-
the-fact variance to permit the new expanded walls within the 75-foot lake yard has not been approved.
3.Engineer Comments – Adam Edwards.
a.The applicant has provided a letter from a licensed engineer, Paul Schimnowski, P.E.,
with the assessment that a slope failure is imminent. Further, the same engineer has provided a
plan for stabilizing the upper slope using a retaining wall. I believe the proposed fix does
address any potential slope failure. Therefore my recommendation is for council to authorize the
emergency repair in order to stabilize the slope for the winter.
b. I do not recommend the City forgo the normal requirements associated with
improvements in the lake yard / 75foot setback for a permanent solution. The unstable slope
conditions appear to be the result of the construction methods employed and the deviations from
the approved retaining wall design and site plan from permit RAS22-000082.
Item No.: 19 Date: November 28, 2022
Item Description: 2815 Casco Point Road, Valdes o/b/o Lisa Thostensen,
Emergency Slope Repair – Resolution No. 7315
Presenter: Melanie Curtis
Planner
Agenda
Section:
Community Development
Report
Prepared By: mcc Reviewed By: LLO Approved By
c. Code Section 78-1726 (6). To my knowledge this is the second time this code section
has been invoked since it was added several years ago. This application is a good test case for
the ordinance and while I believe it meets the intent of the code section, it does identify a
potential need for a code amendment to provide better clarity and links to other sections of
code. The portion of code the emergency repairs exception is in deals with grade alterations but
does not specifically include structures within the lake yard. Most of the best practices for
providing emergency slope stabilization involve some sort of structure. I recommend the city
review this section of code to specifically acknowledge the use of structures being for emergency
slope repairs.
4. Staff Recommendation. Staff recommends approval of the resolution to allow the contractor to
proceed with for the emergency slope failure as designed.
COUNCIL ACTION REQUESTED
Motion to approve Resolution No. 7315
Exhibits
A. Draft Resolution 7315
B. Engineer Plan
C. City Code Section 78-1729
November 22, 2022
Josh Prust
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Supplemental Report - Timber Retaining Wall Upper Tier
Project Location: 2815 Casco Point Road, Orono, Minnesota
Project No. 22-6589
Dear Mr. Prust:
This letter is being sent in response to the email we received from Melanie Curtis from the City of Orono.
Based on her review of my previous letter to you dated November 18, 2022, she is requesting additional
information.
It is my professional opinion that the work I recommended should qualify in regards to City Code Section
78-1726 (6): Emergency repair exception.
The slopes at the top of the timber retaining walls constructed to-date are much steeper than originally
designed. The construction of the final, planned retaining wall at the top of the tiered retaining wall system
is required to stabilize these slopes. Failure to stabilize and reduce the steepness of these slopes with the
construction of the planned wall will likely result in a slope failure, significant erosion, and damage to the
retaining walls already constructed.
Refer to my original design dated August 24, 2022, and my previous letter dated November 18, 2022, for
further information.
Please call me if you have any questions or need more information. Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: November 22, 2022 License #: 40126 (MN)
November 18, 2022
Josh Prust
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Timber Retaining Wall Upper Tier
Project Location: 2815 Casco Point Road, Wayzata, Minnesota
Project No. 22-6589
Dear Mr. Prust:
This letter includes important details regarding the completion of planned work at the above location.
These recommendations are based on my original design dated August 24, 2022, and my site
observations and discussion with you on October 31 and November 17, 2022.
This previously designed work is recommended to be completed at this time to improve the site grading
by reducing the steepness of some slopes and will reduce the chances of erosion at the top of the newly
built, tiered timber retaining wall system.
I recommend that the final, planned timber retaining wall be constructed 4 to 6 feet behind the uppermost
existing wall. The wall should extend from several feet inside both the east and west property lines. Most
of the wall will have a maximum exposed height of about 2-feet. The wall height will increase to about 4-
feet tall near each end where existing slopes increase.
Following completion of the final wall, erosion control should be established and maintained in all
disturbed areas. Areas of concentrated runoff should be directed away from the top of the walls.
As before, the attached typical section should be referenced for construction details. Special note should
be made of the wall embedment depth and the tieback/header and deadmen lengths. Refer to local
building codes, industry specifications, and American Wood Preservers Association for installation
information and details.
The design of the wall system assumes the following:
Wall location: 4 to 6 feet behind the top of the existing upper wall
Wall height(s): 4-feet to 2-feet as noted (maximum exposed heights)
Minimum embedment depth = 6” min., or as noted
Soil conditions: Silty/Clayey Sand, friction angle = 30.0 degrees, unit weight of 125.0 lb/ft3
Required minimum soil bearing capacity = 1500 psf
Surcharge load at top of wall: None
5:1 maximum slope at top and bottom of wall
Wall Type: 6”x5” Treated Timber
Connections: 3/8” galvanized or treated spikes
Drainage pipe: Required
As we discussed, you are planning to that the as-built conditions surveyed for city consideration. Please
forward this to me when it is completed.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 2
These walls have not been designed for ground water surcharge loads. Direct all surface and
groundwater drainage away from the walls. Methods to do so include but are not limited to the following:
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 3
drainage swale, site grading, retention ponds, etc. Details of water control are left to the wall contractor or
the site civil engineer. Please contact Criterium-Schimnowski to provide additional site assessment
services if desired.
The wall design was performed using the design guidelines presented in timber retaining wall industry
guidelines and recommendations. Additional information requested by Criterium-Schimnowski Engineers
but not available includes: geotechnical site survey and soil data. If soil conditions, proposed wall layouts,
or other design parameters vary from that assumed, a revised analysis may be needed. Please call me if
you have any questions or need more information.
This design has been prepared in strict confidence with you as our client. Reliance upon our design by
other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend and
hold harmless the Engineer from any third-party action. No reproduction or re-use is permitted without
express written consent. Further, we will not release this design to anyone without your permission.
Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: November 18, 2022 License #: 40126 (MN)
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 4
Retaining Wall Completion Reports and
Construction Inspections
To:Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From:Paul Schimnowski,PE
Retaining Wall Engineer
Criterium Schimnowski Engineers CSE)
Paul@CriteriumMN.com
Date:April 1,2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters,we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form,attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements.Contact our office or refer to our service agreement for current fees.
3. Contact Criterium Schimnowski Engineers to schedule any required inspections.Adequate lead
time is required.Similar to typical City inspections,at least one week is recommended.We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium
Schimnowski Engineers upon request.Form attached.
If a Wall Completion Report Post built Conformance Letter),is requested of CSE,we will require that
you provide construction photos and Statement of Conformance.In addition,CSE will need to perform
a site visit once final grading is completed.Without these three items,we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible.These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 7
DESIGN PROVISIONS:
1.REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2.SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3.THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE SOIL VALUES”TABLE.UNLESS OTHEWISE NOTED,NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE.IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION,WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4.THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5.REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6.NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM SCHIMNOWSKI ENGINEERS.
7.FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED,THE WALL(S)HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8.THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS"PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1.THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S)ONLY.THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS,GUARDRAILS,OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2.SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES.THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3.INTERNAL COMPOUND STABILITY ICS)HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER,ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER.ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS.IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK,A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS.THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 8
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 4
Retaining Wall Completion Reports and
Construction Inspections
To:Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From:Paul Schimnowski,PE
Retaining Wall Engineer
Criterium Schimnowski Engineers CSE)
Paul@CriteriumMN.com
Date:April 1,2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters,we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form,attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements.Contact our office or refer to our service agreement for current fees.
3. Contact Criterium Schimnowski Engineers to schedule any required inspections.Adequate lead
time is required.Similar to typical City inspections,at least one week is recommended.We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium
Schimnowski Engineers upon request.Form attached.
If a Wall Completion Report Post built Conformance Letter),is requested of CSE,we will require that
you provide construction photos and Statement of Conformance.In addition,CSE will need to perform
a site visit once final grading is completed.Without these three items,we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible.These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 7
DESIGN PROVISIONS:
1.REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2.SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3.THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE SOIL VALUES”TABLE.UNLESS OTHEWISE NOTED,NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE.IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION,WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4.THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5.REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6.NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM SCHIMNOWSKI ENGINEERS.
7.FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED,THE WALL(S)HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8.THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS"PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1.THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S)ONLY.THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS,GUARDRAILS,OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2.SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES.THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3.INTERNAL COMPOUND STABILITY ICS)HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER,ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER.ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS.IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK,A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS.THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 8
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
August 24, 2022
Josh Peterson
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Segmental Retaining Wall Typical Section
Project Location: 2815 Casco Point Road, Wayzata, Minnesota
Project No. 22-6589
Dear Mr. Peterson:
This letter includes important details regarding the attached design typical engineered sections for the
timber retaining walls at the above location. This design is based on wall layout information provided by
you in an email on August 23, 2022, including: a Certificate of Survey prepared by Gronberg and
Associates dated May 18, 2022; measurements of the wall heights and face to face distances; and
photos of the existing conditions.
The attached typical section should be referenced for construction details. Special note should be made
of the wall embedment depth and the tieback/header and deadmen lengths. Refer to local building
codes, industry specifications, and American Wood Preservers Association for installation information and
details.
The design of the wall system assumes the following:
Wall location: Replacement of the existing tiered timber walls in the same configuration
Wall height(s): 7-feet to 2-feet as noted on the attached sketch, with minimum face-to-face
distance between the walls (maximum exposed heights)
Minimum embedment depth = 6” min., or as noted
Soil conditions: Silty/Clayey Sand, friction angle = 30.0 degrees, unit weight of 125.0 lb/ft3
Required minimum soil bearing capacity = 1500 psf
Surcharge load at top of walls: Decks as noted
10:1 maximum slope at top and bottom of walls
Wall Type: 6” Treated Timber
Connections: 3/8” galvanized or treated spikes
Drainage pipe: Required
These walls have not been designed for ground water surcharge loads. Direct all surface and
groundwater drainage away from the walls. Methods to do so include but are not limited to the following:
drainage swale, site grading, retention ponds, etc. Details of water control are left to the wall contractor or
the site civil engineer. Please contact Criterium-Schimnowski to provide additional site assessment
services if desired.
The wall design was performed using the design guidelines presented in timber retaining wall industry
guidelines and recommendations. Additional information requested by Criterium-Schimnowski Engineers
but not available includes: geotechnical site survey and soil data. If soil conditions, proposed wall layouts,
or other design parameters vary from that assumed, a revised analysis may be needed. Please call me if
you have any questions or need more information.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 2
This design has been prepared in strict confidence with you as our client. Reliance upon our design by
other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend and
hold harmless the Engineer from any third-party action. No reproduction or re-use is permitted without
express written consent. Further, we will not release this design to anyone without your permission.
Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: August 24, 2022 License #: 40126 (MN)
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 3
Retaining Wall Completion Reports and
Construction Inspections
To:Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From:Paul Schimnowski,PE
Retaining Wall Engineer
Criterium Schimnowski Engineers CSE)
Paul@CriteriumMN.com
Date:April 1,2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters,we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form,attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements.Contact our office or refer to our service agreement for current fees.
3. Contact Criterium Schimnowski Engineers to schedule any required inspections.Adequate lead
time is required.Similar to typical City inspections,at least one week is recommended.We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium
Schimnowski Engineers upon request.Form attached.
If a Wall Completion Report Post built Conformance Letter),is requested of CSE,we will require that
you provide construction photos and Statement of Conformance.In addition,CSE will need to perform
a site visit once final grading is completed.Without these three items,we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible.These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 6
DESIGN PROVISIONS:
1.REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2.SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3.THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE SOIL VALUES”TABLE.UNLESS OTHEWISE NOTED,NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE.IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION,WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4.THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5.REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6.NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM SCHIMNOWSKI ENGINEERS.
7.FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED,THE WALL(S)HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8.THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS"PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1.THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S)ONLY.THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS,GUARDRAILS,OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2.SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES.THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3.INTERNAL COMPOUND STABILITY ICS)HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER,ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER.ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS.IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK,A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS.THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 7
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
November 22, 2022
Josh Prust
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Supplemental Report - Timber Retaining Wall Upper Tier
Project Location: 2815 Casco Point Road, Orono, Minnesota
Project No. 22-6589
Dear Mr. Prust:
This letter is being sent in response to the email we received from Melanie Curtis from the City of Orono.
Based on her review of my previous letter to you dated November 18, 2022, she is requesting additional
information.
It is my professional opinion that the work I recommended should qualify in regards to City Code Section
78-1726 (6): Emergency repair exception.
The slopes at the top of the timber retaining walls constructed to-date are much steeper than originally
designed. The construction of the final, planned retaining wall at the top of the tiered retaining wall system
is required to stabilize these slopes. Failure to stabilize and reduce the steepness of these slopes with the
construction of the planned wall will likely result in a slope failure, significant erosion, and damage to the
retaining walls already constructed.
Refer to my original design dated August 24, 2022, and my previous letter dated November 18, 2022, for
further information.
Please call me if you have any questions or need more information. Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: November 22, 2022 License #: 40126 (MN)
November 18, 2022
Josh Prust
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Timber Retaining Wall Upper Tier
Project Location: 2815 Casco Point Road, Wayzata, Minnesota
Project No. 22-6589
Dear Mr. Prust:
This letter includes important details regarding the completion of planned work at the above location.
These recommendations are based on my original design dated August 24, 2022, and my site
observations and discussion with you on October 31 and November 17, 2022.
This previously designed work is recommended to be completed at this time to improve the site grading
by reducing the steepness of some slopes and will reduce the chances of erosion at the top of the newly
built, tiered timber retaining wall system.
I recommend that the final, planned timber retaining wall be constructed 4 to 6 feet behind the uppermost
existing wall. The wall should extend from several feet inside both the east and west property lines. Most
of the wall will have a maximum exposed height of about 2-feet. The wall height will increase to about 4-
feet tall near each end where existing slopes increase.
Following completion of the final wall, erosion control should be established and maintained in all
disturbed areas. Areas of concentrated runoff should be directed away from the top of the walls.
As before, the attached typical section should be referenced for construction details. Special note should
be made of the wall embedment depth and the tieback/header and deadmen lengths. Refer to local
building codes, industry specifications, and American Wood Preservers Association for installation
information and details.
The design of the wall system assumes the following:
Wall location: 4 to 6 feet behind the top of the existing upper wall
Wall height(s): 4-feet to 2-feet as noted (maximum exposed heights)
Minimum embedment depth = 6” min., or as noted
Soil conditions: Silty/Clayey Sand, friction angle = 30.0 degrees, unit weight of 125.0 lb/ft3
Required minimum soil bearing capacity = 1500 psf
Surcharge load at top of wall: None
5:1 maximum slope at top and bottom of wall
Wall Type: 6”x5” Treated Timber
Connections: 3/8” galvanized or treated spikes
Drainage pipe: Required
As we discussed, you are planning to that the as-built conditions surveyed for city consideration. Please
forward this to me when it is completed.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 2
These walls have not been designed for ground water surcharge loads. Direct all surface and
groundwater drainage away from the walls. Methods to do so include but are not limited to the following:
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 3
drainage swale, site grading, retention ponds, etc. Details of water control are left to the wall contractor or
the site civil engineer. Please contact Criterium-Schimnowski to provide additional site assessment
services if desired.
The wall design was performed using the design guidelines presented in timber retaining wall industry
guidelines and recommendations. Additional information requested by Criterium-Schimnowski Engineers
but not available includes: geotechnical site survey and soil data. If soil conditions, proposed wall layouts,
or other design parameters vary from that assumed, a revised analysis may be needed. Please call me if
you have any questions or need more information.
This design has been prepared in strict confidence with you as our client. Reliance upon our design by
other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend and
hold harmless the Engineer from any third-party action. No reproduction or re-use is permitted without
express written consent. Further, we will not release this design to anyone without your permission.
Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: November 18, 2022 License #: 40126 (MN)
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 4
Retaining Wall Completion Reports and
Construction Inspections
To:Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From:Paul Schimnowski,PE
Retaining Wall Engineer
Criterium Schimnowski Engineers CSE)
Paul@CriteriumMN.com
Date:April 1,2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters,we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form,attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements.Contact our office or refer to our service agreement for current fees.
3. Contact Criterium Schimnowski Engineers to schedule any required inspections.Adequate lead
time is required.Similar to typical City inspections,at least one week is recommended.We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium
Schimnowski Engineers upon request.Form attached.
If a Wall Completion Report Post built Conformance Letter),is requested of CSE,we will require that
you provide construction photos and Statement of Conformance.In addition,CSE will need to perform
a site visit once final grading is completed.Without these three items,we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible.These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 7
DESIGN PROVISIONS:
1.REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2.SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3.THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE SOIL VALUES”TABLE.UNLESS OTHEWISE NOTED,NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE.IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION,WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4.THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5.REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6.NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM SCHIMNOWSKI ENGINEERS.
7.FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED,THE WALL(S)HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8.THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS"PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1.THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S)ONLY.THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS,GUARDRAILS,OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2.SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES.THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3.INTERNAL COMPOUND STABILITY ICS)HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER,ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER.ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS.IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK,A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS.THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 8
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 4
Retaining Wall Completion Reports and
Construction Inspections
To:Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From:Paul Schimnowski,PE
Retaining Wall Engineer
Criterium Schimnowski Engineers CSE)
Paul@CriteriumMN.com
Date:April 1,2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters,we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form,attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements.Contact our office or refer to our service agreement for current fees.
3. Contact Criterium Schimnowski Engineers to schedule any required inspections.Adequate lead
time is required.Similar to typical City inspections,at least one week is recommended.We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium
Schimnowski Engineers upon request.Form attached.
If a Wall Completion Report Post built Conformance Letter),is requested of CSE,we will require that
you provide construction photos and Statement of Conformance.In addition,CSE will need to perform
a site visit once final grading is completed.Without these three items,we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible.These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 7
DESIGN PROVISIONS:
1.REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2.SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3.THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE SOIL VALUES”TABLE.UNLESS OTHEWISE NOTED,NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE.IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION,WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4.THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5.REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6.NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM SCHIMNOWSKI ENGINEERS.
7.FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED,THE WALL(S)HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8.THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS"PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1.THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S)ONLY.THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS,GUARDRAILS,OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2.SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES.THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3.INTERNAL COMPOUND STABILITY ICS)HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER,ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER.ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS.IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK,A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS.THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 8
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
August 24, 2022
Josh Peterson
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Segmental Retaining Wall Typical Section
Project Location: 2815 Casco Point Road, Wayzata, Minnesota
Project No. 22-6589
Dear Mr. Peterson:
This letter includes important details regarding the attached design typical engineered sections for the
timber retaining walls at the above location. This design is based on wall layout information provided by
you in an email on August 23, 2022, including: a Certificate of Survey prepared by Gronberg and
Associates dated May 18, 2022; measurements of the wall heights and face to face distances; and
photos of the existing conditions.
The attached typical section should be referenced for construction details. Special note should be made
of the wall embedment depth and the tieback/header and deadmen lengths. Refer to local building
codes, industry specifications, and American Wood Preservers Association for installation information and
details.
The design of the wall system assumes the following:
Wall location: Replacement of the existing tiered timber walls in the same configuration
Wall height(s): 7-feet to 2-feet as noted on the attached sketch, with minimum face-to-face
distance between the walls (maximum exposed heights)
Minimum embedment depth = 6” min., or as noted
Soil conditions: Silty/Clayey Sand, friction angle = 30.0 degrees, unit weight of 125.0 lb/ft3
Required minimum soil bearing capacity = 1500 psf
Surcharge load at top of walls: Decks as noted
10:1 maximum slope at top and bottom of walls
Wall Type: 6” Treated Timber
Connections: 3/8” galvanized or treated spikes
Drainage pipe: Required
These walls have not been designed for ground water surcharge loads. Direct all surface and
groundwater drainage away from the walls. Methods to do so include but are not limited to the following:
drainage swale, site grading, retention ponds, etc. Details of water control are left to the wall contractor or
the site civil engineer. Please contact Criterium-Schimnowski to provide additional site assessment
services if desired.
The wall design was performed using the design guidelines presented in timber retaining wall industry
guidelines and recommendations. Additional information requested by Criterium-Schimnowski Engineers
but not available includes: geotechnical site survey and soil data. If soil conditions, proposed wall layouts,
or other design parameters vary from that assumed, a revised analysis may be needed. Please call me if
you have any questions or need more information.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 2
This design has been prepared in strict confidence with you as our client. Reliance upon our design by
other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend and
hold harmless the Engineer from any third-party action. No reproduction or re-use is permitted without
express written consent. Further, we will not release this design to anyone without your permission.
Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: August 24, 2022 License #: 40126 (MN)
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 3
Retaining Wall Completion Reports and
Construction Inspections
To:Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From:Paul Schimnowski,PE
Retaining Wall Engineer
Criterium Schimnowski Engineers CSE)
Paul@CriteriumMN.com
Date:April 1,2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters,we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form,attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements.Contact our office or refer to our service agreement for current fees.
3. Contact Criterium Schimnowski Engineers to schedule any required inspections.Adequate lead
time is required.Similar to typical City inspections,at least one week is recommended.We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium
Schimnowski Engineers upon request.Form attached.
If a Wall Completion Report Post built Conformance Letter),is requested of CSE,we will require that
you provide construction photos and Statement of Conformance.In addition,CSE will need to perform
a site visit once final grading is completed.Without these three items,we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible.These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 6
DESIGN PROVISIONS:
1.REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2.SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3.THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE SOIL VALUES”TABLE.UNLESS OTHEWISE NOTED,NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE.IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION,WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4.THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5.REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6.NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM SCHIMNOWSKI ENGINEERS.
7.FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED,THE WALL(S)HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8.THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS"PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1.THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S)ONLY.THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS,GUARDRAILS,OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2.SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES.THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3.INTERNAL COMPOUND STABILITY ICS)HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER,ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER.ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS.IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK,A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS.THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 7
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
Title VI - LAND USE
Chapter 78 - ZONING REGULATIONS
ARTICLE XIV. - INTERIM USES
DIVISION 1. - GENERALLY
Subdivision I. Land Alterations
Orono, Minnesota, Code of Ordinances Created: 2022-03-25 15: 53:39 [EST]
Supp. No. 20, Update 1)
Page 1 of 2
Subdivision I. Land Alterations 1
Sec. 78-1725. Purpose and intent.
The purpose of this section is to promote the health, safety, and welfare of the community and to establish
reasonable uniform limitations, standards, and controls for land alterations, excavating, filling and grading within
the city. The regulations will allow the city to better manage stormwater discharge, ensuring drainage does not
negatively impact neighboring properties, manage hauling traffic and noise, and prevent erosion issues onto
adjacent properties, wetlands, lakes, and roads.
Ord. No. 219 3rd series, § 6, 12-10-2018)
Sec. 78-1726. Interim use permit required.
An application for an interim use permit shall be accompanied by a certified site plan showing the location of
the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or
stored, placed, or graded, and such other information as the council may require. Applications shall be filed with
the city administrator and shall be accompanied by a deposit to be determined by the city, which will be used to
offset the cost of processing the application. Any unused portion will be refunded to the applicant.
a) Except where otherwise provided in the article, it is unlawful for any person to perform or have
performed the following land alteration activities without an interim use permit issued by the council:
1) Mining. The commercial extraction of sand, gravel or other material from the land and their
removal from the site without processing shall be mining. In all districts, the conduct of mining
shall be permitted only upon issuance of a interim use permit. Such permit shall include, as a
condition, a plan for a finished grade which will not adversely affect the surrounding land or
development of the site on which the mining is being conducted, and the route of trucks moving
to and from the sites. A bond will be required for restoration
2) Soil processing. The operation of processing of sand, gravel or other material mined from the
land shall be permitted only by interim use permit. Such permit shall include a site plan where
the processing is to be done, showing the location of the plant, disposal of water, route of trucks
moving to and from the site in removing processed material from the site, the condition in which
the site is intended to be left upon completion, hour of operation; and such permit shall not be
granted for a period of longer than 12 months
3) Creation of an engineered grade for the basis of building height determination outside of a
subdivision.
4) Unless included as part of a permitted project or as exempted below, the following activities
require a separate interim use permit.
1Cross reference(s)—Grading and land alterations, § 78-1590 et seq.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
t G NO. 7315
IEsH00'
A RESOLUTION
APPROVING AN EMERGENCY SLOPE REPAIR
PURSUANT TO
MUNICIPAL ZONING CODE
SECTION 78-1726
WHEREAS, on November 11, 2022, Josh Prust with Valdes Lawn and Snow
hereinafter the "Applicant"), applied for authorization to proceed with an emergency repair of the
lake slope pursuant to City Code 78-1726, on property addressed 2815 Casco Point Road and
legally described as:
All that part of Lot 120 Spring Park, and all the Unplatted land and that
portion of Lake Shore Avenue vacated, lying between Lot 120 of Spring Park and
the side lines of said Lot projected to Lake Minnetonka, which lies northwesterly
of a line running parallel with and five feet northwesterly from the southeasterly
line of said Lot and the extension thereof, Hennepin County, Minnesota
hereinafter the"Property");
WHEREAS, the Applicant submitted documentation from a licensed professional
engineer which indicates that failure of the current lake yard slope and the existing retaining walls
on the Property is imminent; and
WHEREAS, the Applicant has made a request to the City of Orono for an
emergency slope repair pursuant to Orono Municipal Zoning Code Section 78-1726; and
WHEREAS, on November 22, 2022, a corrective restoration plan was provided by
the Applicant's licensed professional engineer to reinforce the vulnerable slope; and
WHEREAS, the engineered plans propose construction of an additional ± 2 foot
tall wall at the top of the slope within the 75'setback from the ordinary high water level (hereinafter
the "OHWL") of Lake Minnetonka where no walls are permitted and existing walls are at risk of
failure; and
WHEREAS, due to their design and proximity to the OHWL the new retaining walls
will require a setback variance from City Code section 78-1279; and
WHEREAS, on November 28, 2022, the City Council reviewed the request, the
engineered plans, and the recommendations of the City staff; and
o CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7315
t
kESHO
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested emergency slope repair including new engineered retaining walls
as described above based on one or more of the following findings of fact concerning the Property:
FINDINGS OF FACT:
1. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above mentioned meetings, and any and all other materials
distributed at these meetings are hereby incorporated by reference.
2. The Property is located in the LR-1 C One Family Lakeshore Zoning District.
3. The Property contains 0.34 acres in area and has a defined lot width of 56 feet.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
5. The Property was subject to a fire on the lake slope in July 2022 which destroyed the
previously existing timber retaining walls, stairs, deck, and storage shed leaving the slope
vulnerable to failure.
6. The Applicant applied for an administrative building permit to rebuild the existing walls in-
kind.
7. The construction of the replacement walls expanded beyond the in-kind reconstruction
and the project was stopped and stabilized. The Applicant ascertains that without the top
wall the slope remains at risk for failure over the winter and spring.
8. The Applicant has submitted an opinion from a licensed professional engineer which
indicates that without the construction of the upper wall the slope is under imminent threat
of failure.
9. The Applicant has requested consideration for an emergency slope repair pursuant to City
Code Section 78-1726. Engineered plans were provided which demonstrate the proposed
corrective action.
10. Retaining walls are not permitted within 75-feet of the OHWL; installation of new walls
require City Council approval of a lake setback variance.
11. In considering this application for emergency slope repair, the Council has considered the
advice and recommendation of the City Staff and the effect of the proposed emergency
2
vD.Ai CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1011(1
4kEsxo9-ti
slope repair upon the health, safety and welfare of the community, existing and anticipated
traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on
values of property in the surrounding area.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
approval to proceed with an emergency slope repair pursuant to Orono Municipal Zoning Code
Section 78-1726 to allow the repair of the existing retaining walls including installation of new
retaining walls according to the approved plan, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved emergency slope repair shall conform to the submitted plans (hereinafter
the "Plans") submitted by the Applicant and annotated by City staff, attached to this
Resolution as Exhibit A.
3. Any amendments to the emergency slope repair which are not in conformity with City
codes may require further Planning Commission and City Council review.
4. The Applicant shall apply for and receive an after-the-fact variance from City Code 78-
1279 prior to release of the Stop Work order for building permit RAS22-000082 to be
resumed for finalization of construction of the walls.
5. Authorities granted by this resolution run with the Property not with the Applicant, but are
permissive only and must be exercised by obtaining a variance and building permit for the
Plans. After-the-fact variance approval for the expanded retaining walls must be obtained
within 90 days of the date of Council approval, or the action will expire after February 26,
2023.
6. 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.
ADOPTED by the Orono City Council on this 28th day of November, 2022.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
3
November 22, 2022
Josh Prust
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Supplemental Report - Timber Retaining Wall Upper Tier
Project Location: 2815 Casco Point Road, Orono, Minnesota
Project No. 22-6589
Dear Mr. Prust:
This letter is being sent in response to the email we received from Melanie Curtis from the City of Orono.
Based on her review of my previous letter to you dated November 18, 2022, she is requesting additional
information.
It is my professional opinion that the work I recommended should qualify in regards to City Code Section
78-1726 (6): Emergency repair exception.
The slopes at the top of the timber retaining walls constructed to-date are much steeper than originally
designed. The construction of the final, planned retaining wall at the top of the tiered retaining wall system
is required to stabilize these slopes. Failure to stabilize and reduce the steepness of these slopes with the
construction of the planned wall will likely result in a slope failure, significant erosion, and damage to the
retaining walls already constructed.
Refer to my original design dated August 24, 2022, and my previous letter dated November 18, 2022, for
further information.
Please call me if you have any questions or need more information. Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: November 22, 2022 License #: 40126 (MN)
November 18, 2022
Josh Prust
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Timber Retaining Wall Upper Tier
Project Location: 2815 Casco Point Road, Wayzata, Minnesota
Project No. 22-6589
Dear Mr. Prust:
This letter includes important details regarding the completion of planned work at the above location.
These recommendations are based on my original design dated August 24, 2022, and my site
observations and discussion with you on October 31 and November 17, 2022.
This previously designed work is recommended to be completed at this time to improve the site grading
by reducing the steepness of some slopes and will reduce the chances of erosion at the top of the newly
built, tiered timber retaining wall system.
I recommend that the final, planned timber retaining wall be constructed 4 to 6 feet behind the uppermost
existing wall. The wall should extend from several feet inside both the east and west property lines. Most
of the wall will have a maximum exposed height of about 2-feet. The wall height will increase to about 4-
feet tall near each end where existing slopes increase.
Following completion of the final wall, erosion control should be established and maintained in all
disturbed areas. Areas of concentrated runoff should be directed away from the top of the walls.
As before, the attached typical section should be referenced for construction details. Special note should
be made of the wall embedment depth and the tieback/header and deadmen lengths. Refer to local
building codes, industry specifications, and American Wood Preservers Association for installation
information and details.
The design of the wall system assumes the following:
Wall location: 4 to 6 feet behind the top of the existing upper wall
Wall height(s): 4-feet to 2-feet as noted (maximum exposed heights)
Minimum embedment depth = 6” min., or as noted
Soil conditions: Silty/Clayey Sand, friction angle = 30.0 degrees, unit weight of 125.0 lb/ft3
Required minimum soil bearing capacity = 1500 psf
Surcharge load at top of wall: None
5:1 maximum slope at top and bottom of wall
Wall Type: 6”x5” Treated Timber
Connections: 3/8” galvanized or treated spikes
Drainage pipe: Required
As we discussed, you are planning to that the as-built conditions surveyed for city consideration. Please
forward this to me when it is completed.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 2
These walls have not been designed for ground water surcharge loads. Direct all surface and
groundwater drainage away from the walls. Methods to do so include but are not limited to the following:
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 3
drainage swale, site grading, retention ponds, etc. Details of water control are left to the wall contractor or
the site civil engineer. Please contact Criterium-Schimnowski to provide additional site assessment
services if desired.
The wall design was performed using the design guidelines presented in timber retaining wall industry
guidelines and recommendations. Additional information requested by Criterium-Schimnowski Engineers
but not available includes: geotechnical site survey and soil data. If soil conditions, proposed wall layouts,
or other design parameters vary from that assumed, a revised analysis may be needed. Please call me if
you have any questions or need more information.
This design has been prepared in strict confidence with you as our client. Reliance upon our design by
other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend and
hold harmless the Engineer from any third-party action. No reproduction or re-use is permitted without
express written consent. Further, we will not release this design to anyone without your permission.
Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: November 18, 2022 License #: 40126 (MN)
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 4
Retaining Wall Completion Reports and
Construction Inspections
To:Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From:Paul Schimnowski,PE
Retaining Wall Engineer
Criterium Schimnowski Engineers CSE)
Paul@CriteriumMN.com
Date:April 1,2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters,we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form,attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements.Contact our office or refer to our service agreement for current fees.
3. Contact Criterium Schimnowski Engineers to schedule any required inspections.Adequate lead
time is required.Similar to typical City inspections,at least one week is recommended.We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium
Schimnowski Engineers upon request.Form attached.
If a Wall Completion Report Post built Conformance Letter),is requested of CSE,we will require that
you provide construction photos and Statement of Conformance.In addition,CSE will need to perform
a site visit once final grading is completed.Without these three items,we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible.These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 7
DESIGN PROVISIONS:
1.REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2.SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3.THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE SOIL VALUES”TABLE.UNLESS OTHEWISE NOTED,NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE.IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION,WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4.THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5.REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6.NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM SCHIMNOWSKI ENGINEERS.
7.FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED,THE WALL(S)HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8.THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS"PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1.THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S)ONLY.THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS,GUARDRAILS,OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2.SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES.THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3.INTERNAL COMPOUND STABILITY ICS)HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER,ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER.ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS.IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK,A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS.THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 8
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 4
Retaining Wall Completion Reports and
Construction Inspections
To:Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From:Paul Schimnowski,PE
Retaining Wall Engineer
Criterium Schimnowski Engineers CSE)
Paul@CriteriumMN.com
Date:April 1,2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters,we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form,attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements.Contact our office or refer to our service agreement for current fees.
3. Contact Criterium Schimnowski Engineers to schedule any required inspections.Adequate lead
time is required.Similar to typical City inspections,at least one week is recommended.We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium
Schimnowski Engineers upon request.Form attached.
If a Wall Completion Report Post built Conformance Letter),is requested of CSE,we will require that
you provide construction photos and Statement of Conformance.In addition,CSE will need to perform
a site visit once final grading is completed.Without these three items,we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible.These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 7
DESIGN PROVISIONS:
1.REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2.SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3.THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE SOIL VALUES”TABLE.UNLESS OTHEWISE NOTED,NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE.IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION,WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4.THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5.REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6.NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM SCHIMNOWSKI ENGINEERS.
7.FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED,THE WALL(S)HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8.THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS"PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1.THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S)ONLY.THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS,GUARDRAILS,OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2.SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES.THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3.INTERNAL COMPOUND STABILITY ICS)HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER,ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER.ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS.IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK,A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS.THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
November 18, 2022
Page | 8
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
August 24, 2022
Josh Peterson
Valdes Lawn Care & Snow Removal
Submitted by email: jpeterson@valdeslawn.com
RE: Segmental Retaining Wall Typical Section
Project Location: 2815 Casco Point Road, Wayzata, Minnesota
Project No. 22-6589
Dear Mr. Peterson:
This letter includes important details regarding the attached design typical engineered sections for the
timber retaining walls at the above location. This design is based on wall layout information provided by
you in an email on August 23, 2022, including: a Certificate of Survey prepared by Gronberg and
Associates dated May 18, 2022; measurements of the wall heights and face to face distances; and
photos of the existing conditions.
The attached typical section should be referenced for construction details. Special note should be made
of the wall embedment depth and the tieback/header and deadmen lengths. Refer to local building
codes, industry specifications, and American Wood Preservers Association for installation information and
details.
The design of the wall system assumes the following:
Wall location: Replacement of the existing tiered timber walls in the same configuration
Wall height(s): 7-feet to 2-feet as noted on the attached sketch, with minimum face-to-face
distance between the walls (maximum exposed heights)
Minimum embedment depth = 6” min., or as noted
Soil conditions: Silty/Clayey Sand, friction angle = 30.0 degrees, unit weight of 125.0 lb/ft3
Required minimum soil bearing capacity = 1500 psf
Surcharge load at top of walls: Decks as noted
10:1 maximum slope at top and bottom of walls
Wall Type: 6” Treated Timber
Connections: 3/8” galvanized or treated spikes
Drainage pipe: Required
These walls have not been designed for ground water surcharge loads. Direct all surface and
groundwater drainage away from the walls. Methods to do so include but are not limited to the following:
drainage swale, site grading, retention ponds, etc. Details of water control are left to the wall contractor or
the site civil engineer. Please contact Criterium-Schimnowski to provide additional site assessment
services if desired.
The wall design was performed using the design guidelines presented in timber retaining wall industry
guidelines and recommendations. Additional information requested by Criterium-Schimnowski Engineers
but not available includes: geotechnical site survey and soil data. If soil conditions, proposed wall layouts,
or other design parameters vary from that assumed, a revised analysis may be needed. Please call me if
you have any questions or need more information.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 2
This design has been prepared in strict confidence with you as our client. Reliance upon our design by
other parties is strictly prohibited. If you choose to share our design, you agree to indemnify, defend and
hold harmless the Engineer from any third-party action. No reproduction or re-use is permitted without
express written consent. Further, we will not release this design to anyone without your permission.
Thank you.
Sincerely,
Paul Schimnowski, P.E.
MN #40126
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Licensed
Professional Engineer under the laws of the State of Minnesota.
Paul Schimnowski, P.E.
Date: August 24, 2022 License #: 40126 (MN)
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 3
Retaining Wall Completion Reports and
Construction Inspections
To:Retaining wall contractors and/or all clients utilizing our services for retaining wall engineering.
From:Paul Schimnowski,PE
Retaining Wall Engineer
Criterium Schimnowski Engineers CSE)
Paul@CriteriumMN.com
Date:April 1,2022
To help contractors and other interested parties navigate the changes that many cities and jurisdictions
are making regarding construction inspection requirements and final approval letters,we are making
the following recommendations:
1. Request that the City Building Official complete the Required Inspections of Retaining Walls
form,attached.
2. Notify your client of the potential for added cost depending on city/building official
requirements.Contact our office or refer to our service agreement for current fees.
3. Contact Criterium Schimnowski Engineers to schedule any required inspections.Adequate lead
time is required.Similar to typical City inspections,at least one week is recommended.We
cannot guarantee immediate service.
4. Take daily construction progress photos for your records and for submittal to Criterium
Schimnowski Engineers upon request.
5. Complete the Statement of Conformance for your records and for submittal to Criterium
Schimnowski Engineers upon request.Form attached.
If a Wall Completion Report Post built Conformance Letter),is requested of CSE,we will require that
you provide construction photos and Statement of Conformance.In addition,CSE will need to perform
a site visit once final grading is completed.Without these three items,we are unable to comment on
the construction/conformance of the wall.
We are here to help as much as possible.These inspection requirements are not coming from us.
Contact us if you have any questions.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 6
DESIGN PROVISIONS:
1.REFER TO WOOD RETAINING WALL INDUSTRY GUIDELINES.
2.SEE PRODUCT MANUFACTURER INSTALLATION RECOMMENDATIONS FOR CONSTRUCTION SEQUENCE
AND INSTALLATION NOTES.
3.THE DESIGN OF THIS RETAINING WALL SYSTEM WAS BASED UPON THE EFFECTIVE STRENGTH
PARAMETERS SHOWN ON THE SOIL VALUES”TABLE.UNLESS OTHEWISE NOTED,NO FORMAL SOIL
INFORMATION WAS PROVIDED BY THE OWNER OR OWNER’S REPRESENTATIVE.IF SOIL CONDITIONS
VARY AT TIME OF CONSTRUCTION,WALL ENGINEER MUST BE CONTACTED TO DETERMINE IF A REVISED
DESIGN IS NEEDED.
4.THE WALL DESIGN WAS BASED ON THE INFORMATION NOTED IN THE LETTER ABOVE.
5.REFER TO WALL CALCULATIONS FOR BEARING CAPACITY REQUIREMENTS.
6.NO PRODUCT/MATERIAL SUBSTITUTIONS WILL BE ALLOWED WITHOUT PRIOR WRITTEN PERMISSION OF
CRITERIUM SCHIMNOWSKI ENGINEERS.
7.FINAL SITE GRADES AND ROOF DRAINS SHALL DIRECT RUNOFF AWAY FROM ANY RETAINING WALL(S).
UNLESS OTHERWISE NOTED,THE WALL(S)HAS NOT BEEN DESIGNED FOR HYDROSTATIC SURCHARGE
LOADING.
8.THE WALL DESIGN WAS PERFORMED USING DESIGN GUIDELINES PRESENTED IN THE THIRD EDITION OF
THE DESIGN MANUAL FOR SEGMENTAL RETAINING WALLS"PUBLISHED BY NCMA.
DESIGN LIMITATIONS:
1.THE INFORMATION PROVIDED WITHIN THESE DOCUMENTS IS FOR THE STRUCTURAL DESIGN OF THE
PROPOSED RETAINING WALL(S)ONLY.THE REQUIREMENTS FOR AND/OR WORK RELATED TO
HANDRAILS,GUARDRAILS,OR OTHER LIFE/SAFETY ISSUES ARE EXCLUDED FROM THESE DOCUMENTS
AND ARE TO BE PROVIDED BY OTHERS.
2.SITE LAYOUT AND GRADING DESIGN ARE NOT INCLUDED IN WALL DESIGN SERVICES.THOSE SERVICE
ARE THE RESPONSIBILITY OF THE SITE CIVIL ENGINEER.
3.INTERNAL COMPOUND STABILITY ICS)HAS BEEN CALCULATED FOR THIS PROJECT BY CRITERIUM.
HOWEVER,ICS IS NOT A SUBSTITUTE FOR A GLOBAL STABILITY ANALYSIS WHICH SHOULD BE
PERFORMED BY A QUALIFIED GEOTECHNICAL ENGINEER.ADDITIONAL SUBSURFACE EXPLORATION MAY
BE REQUIRED.
SUGGESTED QUALITY ASSURANCE REQUIREMENTS:
1. A QUALIFIED ENGINEER OR TECHNICIAN SHALL SUPERVISE THE WALL CONSTRUCTION TO VERIFY SITE
SOIL CONDITIONS.IF THE PROJECT GEOTECHNICAL ENGINEER DOES NOT PERFORM THIS WORK,A
QUALIFIED GEOTECHNICAL ENGINEER/TECHNICIAN SHALL BE HIRED TO ASSURE THE RETAINING WALL IS
CONSTRUCTED WITH PROPER SOIL PARAMETERS.
2. A QUALIFIED GEOTECHNICAL ENGINEER SHALL BE CONSULTED TO VERIFY THE SUITABILITY OF DESIGN
ASSUMPTIONS MADE BY CRITERIUM.
3. WALL EXCAVATION AND SOILS SHALL BE INSPECTED FOR GROUNDWATER CONDITIONS.THE
GEOTECHNICAL ENGINEER SHALL DETERMINE ADDITIONAL DRAINAGE PROVISIONS TO BE
INCORORATED INTO THE WALL DESIGN.
4. THE WALL DESIGN ENGINEER SHALL BE HIRED TO PERFORM A PRE CONSTRUCTION SITE VISIT.
5. THE WALL DESIGN ENGINEER CAN BE HIRED FOR CONSTRUCTION OBSERVATION SERVICES.
6. THE WALL CONTRACTOR IS RESPONSIBLE FOR MAINTAINING QUALITY CONTROL FOR THE
CONSTRUCTION OF THE WALL IN ACCORDANCE WITH CONTRACT REQUIREMENTS.
7. SEE PROJECT CONTRACT DOCUMENTS FOR SPECIFIC DETAILS ON THE SCOPE OF WORK THAT WILL BE
PROVIDED BY ALL PARTIES.
2815 Casco Point Road, Wayzata, Minnesota
August 24, 2022
Page | 7
T E R M S A N D C O N D I T I O N S - Effective Nov.10.2020
This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
thereon agree:
1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
conditions at the time and in the locality the services are performed.
CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
available to the company.
ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
interpretation by others of the information developed.
Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge,
information, and belief as of the date hereof.
No other warranty or guarantee, express or implied, is made.
2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
has been employed by CLIENT to perform.
3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we
will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
payments are made in full. Should any suspension occur because of overdue payments, the time for contract
completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from
the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate
collection procedures, the CLIENT hereby agrees to pay all collection costs including, but not limited to, reasonable
fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
specified in writing.
4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents
reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. CLIENT agrees that
all reports furnished to CLIENT or his agents, which are not paid for, will be returned upon demand and will not be used
by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
a period of five years following submission of the report, during which period the records will be made available to
CLIENT at all reasonable times.
5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report, drawings, or
documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final
documents in its files for a period of five years.
6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
not be responsible for any loss, damage or liability arising from any acts by CLIENT, its agents, staff and other
consultants employed by it.
7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination,
ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
CLIENT not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the
written consent of the other party.
8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this report,
b) agree that ENGINEER’s total liability to CLIENT shall be limited to the total amount of compensation received
by ENGINEER,
c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
liabilities, actions, demands, losses, damages, costs and expenses sustained by any third-party not granted
reliance on ENGINEER’s reports and services,
d) agree that any action arising out of or related to the services provided must be brought to ENGINEER’S
attention no later than two (2) years after the date of the services, and
e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
recover costs and expenses, including reasonable attorneys' fees and costs.
9. FORCE MAJEURE: The engineer shall not be responsible or liable for any failure or delay in the performance of its
obligations under this contract arising out of or resulting from any cause or event beyond our control, such as war,
strike, crime, epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
From:Penny Saiki
To:Jim+Sherry White
Cc:Melanie Curtis
Subject:Minnehaha Water District
Date:Friday, December 30, 2022 3:11:18 PM
Hi, Sherry and Jim-
The contractor who had a permit to replace stairs and a deck that burned plowed about a 12ft wide
road from the backyard directly down to the lakeshore. He and the owner then decided to put in
stepped log retaining walls the full width of the lot. They removed all the plants and trees and left
each of the bordering properties with cliffs to the water. The inspector put on a stop order. Then
the Council gave them permission to build another tier to stabilize their hill for the winter, but it
was no guarantee that they would not have to replace the terrain to what it was with landscaping to
stabilize the grade. Planning was in favor of hill restoration in the past.
Now they are coming back for “variances after the fact” to keep the full hill retaining walls. They
took out truckloads of earth to place the tiers, and the adjacent properties have cuts to their tree
roots and the earth is disturbed.
I was hoping that the watershed district could weigh in at the Planning Meeting on Jan 17 at 6.
When I saw the road to the lake, I wrote the LMCD right away, and they immediately escalated it
to Minnehaha Watershed. It is such an arrogant approach to correct their error to the detriment of
the land and water quality. To “forgive” the error and arrogance weakens our (Orono’s) ability to
enforce the ordinances and more importantly the protection of the lake and other natural
resources.
The city offices are closed for the New Year, so I didn’t get to find out from Melanie Curtis what
the city Planning position is, but earlier they had recommended restoration of the hill.
Penny Saiki
psaiki@icloud.com
952-237-6753
L I V E W E L L
From:Penny Saiki
To:Melanie Curtis
Subject:Before and after visual aides
Date:Monday, January 2, 2023 3:58:45 PM
Hi, Melanie!
Photos for 2815 Casco Point Road for the after the deed variance application.
June 2022
Today, 1/2/23
Penny Saiki
psaiki@icloud.com
952-237-6753
L I V E W E L L
38 20-117-23 23 0007
MICHAEL G BASKFIELD
SHARON J BASKFIELD
2755 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0009
CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 23 0010
CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 23 0011
CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 23 0012
STEVEN M HARTMAN
HEIDI L HARTMAN
2776 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0016
JOY A GRUNDEEN
2797 CASCO PT RD
WAYZATA MN 55391
38 20-117-23 23 0017
MICHAEL MCANALLY
STEFANIE MCANALLY
2795 CASCO PT RD
ORONO MN 55391
38 20-117-23 23 0018
REED L LARSON
2773 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0019
RICHARD A PUTNAM
JANET L PUTNAM
2765 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0017
KENNETH R SADDLER
SHERALYN K SADDLER
2755 ETHEL AVE
WAYZATA MN 55391
38 20-117-23 24 0018
DONNA L LILE
2765 ETHEL AVE
WAYZATA MN 55391
38 20-117-23 24 0019
JUSTIN J HOLMERS
MICHELLE N HOFFMAN
3800 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0009
ALISA A MILLER
3753 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0010
PAUL J FUHRMAN
COLLEEN FUHRMAN
3759 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0011
DEAN V GREIMANN
3779 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0014
CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 31 0015
CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 31 0016
CITY OF ORONO
P O BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 31 0056
R E WOLFE
2871 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0057
ROSEMARY IVERSEN
2835 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0058
D R WELTY & M M JIN
3721 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0066
DEAN V GREIMANN
3779 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0067
DAVID B ADAMS
2868 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0071
MARTI LYNN
STEVEN ROBERT GOUDY
3750 CASCO AVE
WAYZATA MN 55391
38 20-117-23 32 0006
RYAN LONGHENRY
KRISTIN LONGHENRY
2824 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0007
SPRAY ISLAND LLC
2829 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0008
DAVID J YORKS
2825 CASCO POINT ROAD
WAYZATA MN 55391
38 20-117-23 32 0009
MARGARET L MARTIN
2821 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0010
WESLEY BYRNE
2817 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0011
LISA THOSTENSON
MARK THOSTENSON
2815 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0012
CHARLES PRICE
4703 FAIRHILLS RD E
MINNETONKA MN 55345
38 20-117-23 32 0013
THERESA A NORSTED
2811 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0014
JOHN M BAILEY
PATRICIA L BAILEY
2807 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0015
CAROLE L FROMMELT
ROGER H FROMMELT
2805 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0016
SHANE M WELTZIN
ELIZABETH H HABERMAN
2800 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0017
TAMMY L WOODIS
MARC BRICKMAN
2818 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0018
COLBY G HAWLEY
JENNA M HAWLEY
2794 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0019
GREGORY D/BETH S CZERWINSKI
2801 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0020
TODD J THEILMANN
2799 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0021
BRIAN SWANSON
SAMANTHA ERIN SIMON
3799 CASCO AVE
WAYZATA MN 55391
w
AFFIDAVIT OF PUBLICATION CITY OF ORONO
2750 KELLEY PARKWAY,
STATE OF MINNESOTA )
ss
P.O.BOX 66
COUNTY OF CARVER CRYSTAL BAY,MN 55323
PHONE(952)249-4600
FAX(952)249-4616
Rhonda Herberg being duly sworn on an PLANNING COMMISSION
oath, states or affirms that he/she is the NOTICE OF
Publisher's Designated Agent of the newspa- PUBLIC HEARING
per(s)known as: NOTICE IS HEREBY GIVEN
that the Planning Commission of
Laker Pioneer the City of Orono, Minnesota will
hold a regular meeting on Tuesday,
with the known office of issue beinglocated February Co21, mi20 s at 6
will
pmholdT a
PlanningCommission a
in the county of: public hearing on the matter of re-
CARVER viewing the following land use ap-
with additional circulation in the counties of: plications:
HENNEPIN LA22-000068 Valdes Lawn Care
and has full knowledge of the facts stated and Snow Removal,LLC
below: 2815 Casco Point Road,requests
A)The newspaper has complied with all of an after-the-fact 75-foot lake set-
the requirements constituting qualifica- (Stabackff:
variance
Melanie Cuforrtisr)etaining walls.
tion as a qualified newspaper as provided LA22-000070 Stacy Kromenhoek
by Minn. Stat.§331A.02. 4085 Watertown Road, requests
B)This Public Notice was printed and pub- an after-the-fact variance for a side
Na-lished in said newspaper(s) once each yard setback for a deck.(Staff:
take Nye)
week, for 1 successive week(s); the first LA23-000001 Lecy Bros.Homes
insertion being on 02/11/2023 and the last &Remodeling-Brenda Koehnen,
insertion being on 02/11/2023. 2617 Casco Point Road, requests
a hardcover variance for the con-
struction of a deck. (Staff: Natalie
MORTGAGE FORECLOSURE NOTICES Nye)
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage All persons wishing to be heard
are encouraged to attend theseforeclosurenotices: The newspaper complies meetings.This is not a final agen-
with the conditions described in §580.033, da and is subject to change prior
subd. 1, clause (1) or(2). If the newspaper's to the hearings. The applications
known office of issue is located in a county and proposedordinancelanguage
will be available onordi theancCity
langua
website
adjoining the county where the mortgaged (www.ci.orono.mn.us) the Friday
premises or some part of the mortgaged before the meeting,or by contact-
premises described in the notice are located, ing the City Hall at 952-249-4600
a substantial portion of the newspaper's and speaking with the planner
associated with that application.
circulation is in the latter c linty.Written comments are requested
by February 14, 2023 but will be
accepted until the Council meeting.
By:City of Orono
Designated Agent By: Planning Commission
Laura Oakden
Community Development DirectorSubscribedandsworntooraffirmedbefore
me on 02/11/2023 by Rhonda Herberg. Published in the
Laker Pioneer
February 11,2023
1292331
1P /1/1
Notary Public
tototowv
DARLENE MARIE MACPHERSON
NOTARYlY PUBLIC-MINNESOTA
My Commission Bin res Jan 31,2024
Rate Information:
1)Lowest classified rate paid by commercial users
for comparable space:
999.99 per column inch
Ad ID 1292331
Hennepin County Locate & Notify Map
2815 Casco Point Rd
0 100 20050 Feet
Date: 12/13/2022
Buffer Size:500Map Comments:
This data (i) is furnished 'AS IS' with no representation as to
completeness or accuracy; (ii) is furnished with no warranty of any
kind; and (iii) is notsuitable for legal, engineering or surveying
purposes. Hennepin County shall not be liable for any damage, injury
or loss resulting from this data.
For more information, contact Hennepin County GIS Office
300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us