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7.1. SR 06-03-2019Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearing June 3, 2019 Amanda Bednar, Environmental Coordinator Brandon Wisner, Stormwater Coordinator Item Description Reviewed by Orono Lake Improvement District (OLID) Public Peter Beck, City Attorney Hearing Reviewed by Cal Portner, City Administrator Action Requested Open public hearing for the proposed Orono Lake Improvement District (OLID) Background/Discussion On April 10, 2019, the City of Elk River received the petition application seeking approval for the creation of a lake improvement district for Lake Orono (OLID). Lake improvement districts allow citizens to address specific concerns that can't be addressed under normal governmental actions and have greater local involvement in lake management (via Department of Natural Resources). This was discussed during the May 6, 2019, Council Work Session. A public hearing notice was published in the StarNen)s on May 11 and May 18, 2019. This notice was also directly mailed to all property owners within the proposed OLID boundary on May 10, 2019. The OLID application requires support from lakeshore property owners via signature of a petition form. The submitted signatures were reviewed and certified by city staff. The OLID boundary includes 260 possibly property owner signatures and the application contained 143 valid property owner signatures, representing approximately 55%. State statute requires a majority of property owners, 50% plus 1, which is met. Residents are encouraged to attend the public hearing to share feedback regarding the proposed OLID creation. Per state law, between 10-30 days after the public hearing is closed, the Council shall, by Order, make a decision on the OLID. The Order would need to be published and filed with the Office of the Secretary of State. If approved, the OLID would become effective 30 days after publication or at a later date if specified in the Order. 26% of property owners in the district could petition for a referendum before the effective date of the OLID establishment. Financial Impact None Attachments Certification of Orono Lake Improvement District Signature Verification OLID Boundary Map DNR Advisory Report on Formation of the OLID in Sherburne County The Elk River Vision A PehoMing community Pitb revolutionary and spirited resourcefulness, exceptional P,` 01 W E H E 8 6 T service, and community engagement that encourages and inspires prosperity INAMIRE1 ■ Objection Letter from Trepanier, MacGHs, Battina N:APublic Bodies\Agenda Packets\06-03-2019\Final\x7.1 sr Orono Lake Improvement District (OLID Public Heoring.docx 13065 Orono Parkway Elk River, MN 55330 State of Minnesota County of Sherburne City of Elk River Certification for Orono Lake Improvement District Signature Verification May 24, 2019 In the matter of the formation of the Orono Lake Improvement District (OLID), per MN Statute 103b.521, a petition must be signed by a majority of the property owners within the proposed lake improvement district described in the petition. Within the OLID there are 260 possible property owner signatures. In order to meet MN Statute 103b.521, 131 signatures are required to meet the majority requirement. There are 143 valid property owner signatures in the petition. I, Tina Allard, City Clerk, do hereby certify 143 property owner signatures have been verified as having ownership of the parcels within the proposed Orono Lake Improvement District; therefore the petition meets the required number of signatures and is valid. Tina Allard'"� City Clerk (Seal) Phone: 763.635.1000 wwwElkRiverMN.gov � I. P 5 ..E.. 11.w.w.....11l'i f 1 NATURE Validated Signatures on Petitions Potential Signatures PIN BLDG_NUM STREETNAME STREETTYPE SUFFIX_DIR UNIT—INFO CITY—MAIL ZIP OWNER—NAME OWNER—ADD OWNER_ADD1 OWNER_ADD2 1 1 75-132-1210 13284 ISLAND VIEW DR NW ELK RIVER MN 55330 HUFF, DONALD J -TRUSTEE 13284 ISLAND VIEW DR NW ELK RIVER MN 55330 1 1 75-129-3310 13590 ISLAND VIEW DR NW ELK RIVER MN 55330 KRATZKE,M ERLE A& MARILYN F -TRUSTEE 135901SLANDVIEW DR NW ELK RIVER MN 55330 2 75-535-0210 1797 TIPTON CIR NW SUITE 103 ELK RIVER MN 55330 RASM USSON, GARY&PATRICIA 25830 HICKORY BLVD N 202 BONITA SPRINGS FL 34134 2 2 75-626-0134 13407 185TH LN NW ELK RIVER MN 553301 MAXWELL, JOHN S & NEESHA R 13407185TH LN NW ELK RIVER MN 55330 2 75-626-0126 13423 185TH LN NW ELK RIVER MN 55330 WYROWSKI, DANIEL& SCHULZ, JEFFREY 1554 SPARROW RD WACONIA MN 55387-4513 1 75-626-0128 13419 185TH LN NW ELK RIVER MN 55330 PETERSON, PATRICIA 13419185TH LN NW ELK RIVER MN 55330 1 75-626-0112 13455 185TH LN NW ELK RIVER MN 55330 ANDERSON, LESTER H 13455185TH LN NW ELK RIVER MN 55330 2 2 75-132-2225 13492 ISLAND VIEW DR NW ELK RIVER MN 55330 HALGREN, DAVID &JUDITH 13492 ISLAND VIEW DR NW ELK RIVER MN 55330-1126 2 75-402-0211 1738 5TH ST NW ELK RIVER MN 55330 KOPP, ALLEN 1 & LINDA A 1738 5TH ST NW ELK RIVER MN 55330 2 2 75-466-0150 18613 SIMONET DR NW ELK RIVER MN 55330 FARNSWORTH, TOM &JULIEA 18613 SIMONET DR NW ELK RIVER MN 55330 2 75-465-0650 129161188TH AVE NW ELK RIVER MN 55330 OMITES, SHANNON & METZ, MELANIE 12916188TH AVE NW ELK RIVER MN 55330 1 1 75-411-0530 1707 5TH ST NW ELK RIVER MN 55330 TJW INVESTMENTS LLC 13002 ISLAND VIEW DR NW ELK RIVER MN 55330 2 75-132-2440 13211 US HIGHWAY 10 NW ELK RIVER MN 55330 GOOSSEN, DONAVAN D & SHERRON 18034 SUNRISE CIR NW ELK RIVER MN 55330 2 2 75-469-0020 13184 ISLAND VIEW DR NW ELK RIVER MN 55330 PLANT, PATRICK 1 & CINDI 13184 ISLAND VIEW DR NW ELK RIVER MN 55330-1122 2 75-465-0620 18890 CONCORD ST NW ELK RIVER MN 55330 KUHL, BRIAN &JESCA 18890 CONCORD ST NW ELK RIVER MN 55330 2 2 75-469-0040 13162 ISLAND VIEW DR NW ELK RIVER MN 55330 GIFFORD, BRIAN & LAURA 13162 ISLAND VIEW DR NW ELK RIVER MN 55330 2 2 75-469-0060 13130 ISLAND VIEW DR NW ELK RIVER MN 55330 WELCH, ALAN K & MARGARET A 13130 ISLAND VIEW DR NW ELK RIVER MN 55330 2 75-469-0050 13146 ISLAND VIEW DR NW ELK RIVER MN 55330 CRABTREE, TIMOTHY & KIMBER 13146 ISLAND VIEW DR NW ELK RIVER MN 55330 1 1 75-469-0070 131161 SLAN D VIEW DR NW ELK RIVER MN 55330 WEISS,THOMASJ-TRUSTEE 13116 ISLAND VIEW DR NW ELK RIVER MN 55330 2 2 75-469-0100 13070 ISLAND VIEW DR NW ELK RIVER MN 55330 TACHENY, JAMES R&JOANNE 13070 ISLAND VIEW DR NW ELK RIVER MN 55330-1121 2 75-469-0090 13084 ISLAND VIEW DR NW ELK RIVER MN 55330 OSS, L MAYNARD & ELAINE 130841SLAND VIEW DR ELK RIVER MN 55330-1121 2 75-469-0080 13100 ISLAND VIEW DR NW ELK RIVER MN 55330 ANTI LLA, PAM ELAJ &TIMOTHY F 13100 ISLAND VIEW DR NW ELK RIVER MN 55330 2 75-469-0110 13054 ISLAND VIEW DR NW ELK RIVER MN 55330 STARKWEATHER, EMERYC & BRANDY L 13054 ISLAND VIEW DR NW ELK RIVER MN 55330 1 1 75-469-0130 13024 ISLAND VIEW DR NW ELK RIVER MN 55330 CLEMONS,JANET L REVOCABLETRUST 13024 ISLAND VIEW DR NW ELK RIVER MN 55330 2 75-469-0140 13008 ISLAND VIEW DR NW ELK RIVER MN 55330 DRYER,JOHN E & ELAINE M 13008 ISLAND VIEW DR NW ELK RIVER MN 55330 1 75-465-0640 18852 CONCORD ST NW ELK RIVER MN 55330 NGUYEN, NGHIEP V 18852 CONCORD ST NW ELK RIVER MN 55330 2 2 75-413-0340 1904 MAIN ST NW ELK RIVER MN 55330 BRIXIUS, AARON P &JESSICA M 1904 MAIN ST NW ELK RIVER MN 55330 2 75-413-0420 1854 MAIN ST NW ELK RIVER MN 55330 HOSKINS, KELLI & SHANE 28080 LAKEWOOD DR NW ISANTI MN 55040 1 1 75-413-0410 1862 MAIN ST NW ELK RIVER MN 55330 NOVAK, KAREN 1862 MAIN ST NW ELK RIVER MN 55330 1 1 75-413-0510 1828 MAIN ST NW ELK RIVER MN 55330 SCHWEND, DARIN 1828 MAIN ST NW ELK RIVER MN 55330 2 2 75-402-0191 1911 6TH LN NW ELK RIVER MN 55330 DONNELLY, PATRICK & PAULA 19116TH LN NW ELK RIVER MN 55330-1103 1 1 75-411-0610 1718 MAIN ST NW ELK RIVER MN 55330 HERMANSON, CRAIG 1718 MAIN ST NW ELK RIVER MN 55330 2 2 75-458-0230 0 0 LUNDEEN, JEFFREY A&MARY M 12876 ORONO RD NW ELK RIVER MN 55330-1740 1 75-458-0220 12897 ORONO RD NW ELK RIVER MN 55330 KLEMZ, MICHAEL & PATRICIA REVCBL TR 12897 ORONO RD NW ELK RIVER MN 55330 1 1 75-132-4405 01 0 THOMAS, KAREN 18366 BOSTON ST NW ELK RIVER MN 55330-1709 1 1 75-773-0110 441 UPLAND AVE NW ELK RIVER MN 55330 VANDERMEY, MITCHEL 441 UPLAND AVE NW ELK RIVER MN 55330 1 1 75-466-0100 18565 SIMONET DR NW ELK RIVER MN 55330 GREY HAIR INVESTMENTS LLC 13002 ISLAND VIEW DR NW ELK RIVER MN 55330 1 75-466-0090 18560 SIMONET DR NW ELK RIVER MN 55330 RICKMAN, RICHARD T -TRUSTEE 3348 MCCORMICK BLVD BULLHEAD AZ 86429 2 75-466-0110 18575 SIMONET DR NW ELK RIVER MN 55330 SPAULDING, STEVEN & MARY 18575 SIMONET DR NW ELK RIVER MN 55330 1 1 75-466-0120 18583 SIMONET DR NW ELK RIVER MN 55330 ANDERSON, KAREN &HOFFMAN, K -TRUSTEE 18583 SIMONET DR NW ELK RIVER MN 55330 1 75-466-0050 18604 SIMONET DR NW ELK RIVER MN 55330 RULE, BONITA L 18604 SIMONET DR NW ELK RIVER MN 55330 2 2 75-466-0190 18645 SIMONET DR NW ELK RIVER MN 55330 WALLER, JOSEPH G & FRANK, TANYA L 18645 SIMONET DR NW ELK RIVER MN 55330 2 2 75-466-0130 18593 SIMONET DR NW ELK RIVER MN 55330 KREUSER, DANIEL P &JODY 18593 SIMONET DR NW ELK RIVER MN 55330-1132 1 1 75-466-0160 18621 SIMONET DR NW ELK RIVER MN 55330 LINDBERG, LANCE 18621 SIMONET DR NW PO BOX 877 ELK RIVER MN 55330-0877 2 75-466-0030 18648 SIMONET DR NW ELK RIVER MN 55330 SNETSINGER, JAMES L&CHERYL L 18648 SIMONET DR NW ELK RIVER MN 55330 1 1 75-426-0230 1943 6TH LN NW ELK RIVER MN 55330 PETERSON, ROBERTA L 1943 6TH LN NW ELK RIVER MN 55330 1 75-466-0020 18660 SIMONET DR NW ELK RIVER MN 55330 18660 SIMONET DRIVE NW LLC C/O JACOB NELSON 830 W MAIN ST ANOKA MN 55303 1 1 75-426-0220 1933 6TH LN NW ELK RIVER MN 55330 MCCHESNEY, JOANNE - REVOCABLE TRUST 19336TH LN NW ELK RIVER MN 55330 1 75-466-0070 18586 SIMONET DR NW ELK RIVER MN 55330 BUECHLER, JOHNS 18586 SIMONET DR NW ELK RIVER MN 55330 2 2 75-466-0140 18603 SIMONET DR NW ELK RIVER MN 55330 SCHMIT, TIMOTHY -1 & LISA M 18603 SIMONET DR NW ELK RIVER MN 55330 2 75-466-0010 18670 SIMONET DR NW ELK RIVER MN 55330 SMITH, VAUGHN F & MICHELE 18670 SIMONET DR NW ELK RIVER MN 55330-1135 1 75-466-0230 18679 SIMONET DR NW ELK RIVER MN 55330 HALL, GEORGIANNE M 18679 SIMONET DR NW ELK RIVER MN 55330-1134 1 75-132-1200 13161 US HIGHWAY 10 NW ELK RIVER MN 55330 ON THE SHORES LLC 16500 LABEAUX AVE N G040 ALBERTVILLE MN 55301 1 1 75-132-1111 18816 BOSTON IST NW ELK RIVER MN 55330 PEPEK MCULLOUGH, LIANE-TRUSTEE 118816 BOSTON ST NW ELK RIVER MN 55330 1 1 75-498-0120 12891187THCIR NW ELK RIVER MN 55330 BUTTWEILER, EDWARD&RICKIE - TRUST 12891187TH CIR NW ELK RIVER MN 55330 2 2 75-767-0110 18862 CONCORD ST NW ELK RIVER MN 55330 HULSE, ANDREW & BUNCH-HULSE, GAY E 188621 8862 CONCORD ST NW ELK RIVER MN 55330 1 1 75-426-0210 19106TH ILN NW JELKRIVERMN 55330 WEITNAUER, ANDREW 119106TH LN NW ELK RIVER MN 55330 1 2 2 2 1 1 1 1 2 1 1 2 2 1 2 2 1 2 2 1 1 1 2 1 2 2 2 1 2 1 2 1 1 2 1 1 2 2 2 1 1 2 1 1 2 1 2 2 2 1 1 2 2 1 2 2 1 2 2 2 2 1 75-626-0146 0 0 LAKE ORONO TWIN HOMES ASSOC. INC. 280 EVANS AVE ELK RIVER MN 55330 75-535-0230 1797 TIPTON CIR NW SUITE 111 ELK RIVER MN 55330 BERGETH, ROBERT & STEINER-BERGETH,B 1797 TIPTON CIR NW STE 111 ELK RIVER MN 55330 75-535-0235 1797 TIPTON CIR NW SUITE 113 ELK RIVER MN 55330 JARMOLUK, SCOTT M & PATTI L 1797 TIPTON CIR NW STE 113 ELK RIVER MN 55330 75-535-0225 1797 TIPTON CIR NW SUITE 109 ELK RIVER MN 55330 TRUNNELL, MICHAEL & MARY 1797 TIPTON CIR NW N 109 ELK RIVER MN 55330 75-535-0215 1797 TIPTON CIR NW SUITE 105 ELK RIVER MN 55330 FORBES, KATHLEEN 1797 TIPTON CIR NW STE 105 ELK RIVER MN 55330 75-535-0220 1797 TIPTON CIR NW SUITE 107 ELK RIVER MN 55330 HEBEISEN, DOUGLAS & SUSAN -TRUSTEE 1797 TIPTON CIR NW STE 107 ELK RIVER MN 55330 75-626-0144 13387 185TH LN NW ELK RIVER MN 55330 BISEK, JEROME H -TRUSTEE 5351161ST AVE NW ANOKA MN 55303 75-535-0205 1797 TIPTON CIR JNW SUITE 101 1 ELK RIVER MN 553301 LARSON, LOU ANN M 1797 TIPTON CIR NW STE 101 ELK RIVER MN 55330 75-626-0142 13391185TH LN NW ELK RIVER MN 55330 KINGSBORO, WILLIAM&CAROL -ETAL 13391185TH LN NW ELK RIVER MN 55330 75-626-0140 13395 185TH LN NW ELK RIVER MN 55330 SCHLOSSER, MARY E 13395 185TH LN NW ELK RIVER MN 55330 75-626-0136 13403 185TH LN NW ELK RIVER MN 55330 BLASKA, WILLIAM H & SHARON LTRUST 13403185TH LN NW ELK RIVER MN 55330 75-626-0122 13431 185TH LN NW ELK RIVER MN 55330 JOHNSON, HENRY ALFRED &JOLENE M 13431185TH LN NW ELK RIVER MN 55330 75-626-0118 13443 185TH LN NW ELK RIVER MN 55330 FRIESEN, ALAN 1 & PENNY L 13443 185TH LN NW ELK RIVER MN 55330 75-626-0132 13411 185TH LN NW ELK RIVER MN 55330 KLOSTREICH, DONALD E 13411185TH LN NW ELK RIVER MN 55330 75-626-0138 13399 185TH LN NW ELK RIVER MN 55330 KEITH, DONALD & MARY ANN 13399 185TH LN NW ELK RIVER MN 55330 75-626-0114 13451 185TH LN NW ELK RIVER MN 55330 HAYES, GEORGE D & AUDRY L 13451185TH LN NW ELK RIVER MN 55330 75-626-0130 13415 185TH LN NW ELK RIVER MN 55330 KURTH, RICHARD W 19650 IRONTON CIR NW ELK RIVER MN 55330 75-626-0120 13435185TH LN NW ELK RIVER MN 55330 EKEGREN,JEFFREY W&JULIE A 13435185TH LN NW ELK RIVER MN 55330 75-626-0124 13427185TH LN NW ELK RIVER MN 55330 JENSEN, ALLEN & JULIA A 13427185TH LN NW ELK RIVER MN 55330 75-626-0116 13447185TH LN NW ELK RIVER MN 55330 PERRIN BURTNESS, BEVERLY A - TRUST 13447185TH LN NW ELK RIVER MN 55330 75-626-0108 13463 185TH LN NW ELK RIVER MN 55330 HAUGDAHL, NANCY - TRUST 13463185TH LN NW ELK RIVER MN 55330 75-131-1450 13653 186TH AVE NW ELK RIVER MN 55330 OLSON, LINDA L 13653186TH AVE NW ELK RIVER MN 55330 75-131-1455 13631186TH AVE NW ELK RIVER MN 55330 SOLA, SUGURD & LILLIAN A 10519 E LAGUNAAZULAVE MESA AZ 85209 75-131-1435 0 0 RICKMAN, MICHAEL 1 & CAROL A -TRUSTE 1699 ST CLAIR AVE ST PAUL MN 55105 75-626-0106 13467 185TH LN NW ELK RIVER MN 55330 SWANSON,JAMES A & PATTI 13701185TH AVE NW ELK RIVER MN 55330-1607 75-626-0148 0 0 DHOOGE, DALE GERALD &JODIE LYN 18647 LANDER ST NW ELK RIVER MN 55330 75-717-0105 18660 LANDER DR NW ELK RIVER MN 55330 KINNEY, COLLEEN &JOHN B 18660 LANDER DR NW ELK RIVER MN 55330 75-131-1445 13701 186TH AVE NW ELK RIVER MN 55330 MANELLI, ANTONIO LUCIANO UMBERTO 13701186TH AVE NW ELK RIVER MN 55330 75-678-0260 18681 LANDER ST NW ELK RIVER MN 55330 BANACK, CHAD M &JACQUELINE P 18642 LANDER DR NW ELK RIVER MN 55330 75-678-0255 18684 LANDER DR NW ELK RIVER MN 55330 LYNAS, TERRI SUE 18684 LANDER DR NW ELK RIVER MN 55330 75-678-0135 18665 LANDER ST NW ELK RIVER MN 55330 ROCK, CHRISTOPHER D & KARI T 18665 LANDER ST NW ELK RIVER MN 55330 75-678-0040 0 0 FOX HAVEN HOMEOWNERS ASSOCIATION 18684 LANDER DR NW ELK RIVER MN 55330 75-132-2120 0 0 CENTRAL MN COUNCIL BOY SCOUTS OF AMERICA 1701 NINTH AVEN SAINT CLOUD MN 56303 75-132-2210 13530 ISLAND VIEW DR NW ELK RIVER MN 55330 WELDER, JOSEPH & WOLFF, BERNADETTE 4122 E CAPRI AVE MESA AZ 85206 75-132-2275 13360 ISLAND VIEW DR NW ELK RIVER MN 55330 KREUSER, CHAD M 13360 ISLAND VIEW DR NW ELK RIVER MN 55330 75-132-2235 13416 ISLAND VIEW DR NW ELK RIVER MN 55330 DRAXLER FAMILY LEGACYTRUST 13416 ISLAND VIEW DR NW ELK RIVER MN 55330 75-132-2245 13448 ISLAND VIEW DR NW ELK RIVER MN 55330 SANDENO, RANDALL S & LAURA 13448 ISLAND VIEW DR NW ELK RIVER MN 55330 75-132-2220 13470 ISLAND VIEW DR NW ELK RIVER MN 55330 GRUPA, RYAN S & KAREE 13470 ISLAND VIEW DR NW ELK RIVER MN 55330 75-132-2250 13400 ISLAND VIEW DR NW ELK RIVER MN 55330 STRUBLE, VINCENT& KAMI N 13400 ISLAND VIEW DR NW ELK RIVER MN 55330 75-132-2255 13384 ISLAND VIEW DR NW ELK RIVER MN 55330 BURLEY, RONALD & HARRIET REV TRUST 13384 ISLAND VIEW DR NW ELK RIVER MN 55330 75-132-1220 13330 ISLAND VIEW DR NW ELK RIVER MN 55330 WEIGHT, SANDRA 13330 ISLAND VIEW DR NW ELK RIVER MN 55330 75-678-0245 18672 LANDER DR NW ELK RIVER MN 55330 HICKMAN, LARRYS&FLORENCE ) 15612 JARVIS ST NW ELK RIVER MN 55330 75-132-2230 13514 ISLAND VIEW DR NW ELK RIVER MN 55330 JONES, ROBERT E 13514 ISLAND VIEW DR NW ELK RIVER MN 55330 75-132-2240 13538 ISLAND VIEW DR NW ELK RIVER MN 55330 PALMER, CATHERINE REVOCABLE TRUST 13538 ISLAND VIEW DR NW ELK RIVER MN 55330 75-132-2200 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MN 55330 PERSON, MARK R & LEONORA M 13726189TH AVE NW ELK RIVER MN 55330 75-623-0518 18674 QUEEN CIR NW ELK RIVER MN 55330 PARK, JUNG SOCK 18674 QUEEN Cl R NW ELK RIVER MN 55330 75-623-0514 18658 QUEEN CIR NW ELK RIVER MN 55330 CANFIELD, DANIEL & WEIS, KATIE 18658 QUEEN CIR NW ELK RIVER MN 55330 75-623-0520 18682 QUEEN CIR NW ELK RIVER MN 55330 KRUGER, KENDRA & DANIEL 18682 QUEEN CIR NW ELK RIVER MN 55330 75-623-0516 1 18668 QUEEN ICIR NW I ELK RIVER MN 55330 CASEMENT, RICHARD A 118668 QUEEN CIR NW ELK RIVER MN 55330 75-623-0522 18688 QUEEN CIR NW ELK RIVER MN 55330 CHRISTIANSON, KENT1 & NICOLE K 118688 QUEEN CIR NW ELK RIVER MN 55330 75-623-0524 18696 QUEEN CIR NW ELK RIVER MN 55330 YEAGER, TIMOTHY E & CAREYA 113209 SMART RD BRAINERD MN 56401-6464 75-462-0220 13800 189TH AVE NW ELK RIVER MN 55330 ANDERSON, ROBERT A & HEIDI13800189TH AVE NW ELK RIVER MN 55330 75-462-0215 0 0 SODERBERG, JOHN &BIANCHI, GEORGEANN 13842 189TH AVE NW ELK RIVER MN 55330 75-462-0225 13776 189TH AVE NW ELK RIVER MN 55330 BOEKLEY, KATHLEEN L 113776189TH AVE NW ELK RIVER MN 55330 2 1 1 2 1 2 1 2 1 2 2 2 2 1 2 2 2 1 2 1 2 2 2 2 1 2 1 2 2 2 2 1 2 2 2 1 2 1 2 1 1 2 1 1 2 1 1 2 75-462-0165 13862 189TH AVE NW ELK RIVER MN 55330 DUGGAN, RICHARD & NANCY 13862 189TH AVE NW ELK RIVER MN 55330-1002 75-462-0235 13742 189TH AVE NW ELK RIVER MN 55330 CUNDIFF, SCOTT 13742 189TH AVE NW ELK RIVER MN 55330 75-462-0140 13866 189TH AVE NW ELK RIVER MN 55330 BERGSTROM, SUSAN 13866189TH AVE NW ELK RIVER MN 55330 75-402-0210 1766 5TH ST NW ELK RIVER MN 55330 SHEETS, PAUL D & HELLING, CHARLENE 17665TH ST NW ELK RIVER MN 55330 75-411-0550 1721 5TH ST NW ELK RIVER MN 55330 CORROW,JEAN 17215TH ST NW ELK RIVER MN 55330 75-411-0540 1713 5TH ST NW ELK RIVER MN 55330 BLESENER, CHARLES & KATHLEEN 1713 5TH ST NW ELK RIVER MN 55330 75-535-0260 0 0 BAI LEY BECK HOM EOWNERS ASSOC 75-466-0180 18637 SIMONET DR JNW ELK RIVER MN 55330 SCALISE, PETER & JACKI 18637 SIMONET DR NW ELK RIVER MN 55330 75-132-2400 13291 US HIGHWAY 10 NW ELK RIVER MN 55330 ENRIGHT, JAMES& DARLENE REVTRUST 1141542ND ST SE CLEAR LAKE MN 55319 75-466-0200 18663 SIMONET DR NW ELK RIVER MN 55330 NELSON, KIM M & MARY 18663 SIMONET DR NW ELK RIVER MN 55330-1134 75-498-0140 12884 187TH CIR NW ELK RIVER MN 55330 FULLER, DAVID & KAY 12884187TH CIR NW ELK RIVER MN 55330 75-767-0105 18872 CONCORD ST NW ELK RIVER MN 55330 MOLITOR, BRUCE & SQUIERS, DORIS 18872 CONCORD ST NW ELK RIVER MN 55330 75-465-0630 18880 CONCORD ST NW ELK RIVER MN 55330 CARLSON, BENJAMIN & KRISTA 18880 CONCORD ST NW ELK RIVER MN 55330 75-130-4415 0 0 MODERN CONSTRUCTION OF MN INC 637 MAIN ST NW STE A ELK RIVER MN 55330 75-465-0470 18920 CONCORD ST NW ELK RIVER MN 55330 ZEHRINGER, VANCE & BETTY 18920 CONCORD ST NW ELK RIVER MN 55330-1120 75-469-0010 13194 ISLAND VIEW DR NW ELK RIVER MN 55330 MIKOLS, TONY & PATRICIA 13194 ISLAND VIEW DR NW ELK RIVER MN 55330-1122 75-129-3415 13216 ISLAND VIEW DR NW ELK RIVER MN 55330 ROBINSON, CHRISTOPHER I.R.&BRIANA 13216 ISLAND VIEW DR NW ELK RIVER MN 55330 75-469-0120 13038 ISLAND VIEW DR NW ELK RIVER MN 55330 LUCAS, ROBERT REVOCABLE TRUST 13038 ISLAND VIEW DR NW ELK RIVER MN 55330 75-411-0640 1706 MAIN ST NW ELK RIVER MN 55330 GRANROS, DONN R & VICKI C 1706 MAIN ST NW ELK RIVER MN 55330-1831 75-411-0560 17315TH ST NW ELK RIVER MN 55330 MAROHN, HARLEYA 17315TH ST NW ELK RIVER MN 55330 75-132-1110 18810 BOSTON ST NW ELK RIVER MN 55330 SORENSEN, GREGORY& JENNIFER 18810 BOSTON ST NW ELK RIVER MN 55330 75-413-0220 1958 MAIN ST NW ELK RIVER MN 55330 BURY, EDWARD & KRISTIN JARMOLUK 1958 MAIN ST NW ELK RIVER MN 55330 75-413-0440 1836 MAIN ST NW ELK RIVER MN 55330 JOHNSON, KARL R & COX, CHRISTINE L 1836 MAIN ST NW ELK RIVER MN 55330 75-413-0240 1946 MAIN ST NW ELK RIVER MN 55330 HAGLUND, BRIAN 1 & KRISTINE 1946 MAIN ST NW ELK RIVER MN 55330 75-413-0310 1932 MAIN ST NW ELK RIVER MN 55330 BURGOYNE, JAMES A 1932 MAIN ST NW ELK RIVER MN 55330-1728 75-413-0520 1820 MAIN ST NW ELK RIVER MN 55330 MCKEOWN, WILLIAM G SR&DEBBIE L 1820 MAIN ST NW ELK RIVER MN 55330 75-413-0530 1808 MAIN ST NW ELK RIVER MN 55330 BISCHOEN PROPERTIES LLC 1895 MEADOWVIEW RD BLOOMINGTON MN 55425 75-413-0430 1844 MAIN ST NW ELK RIVER MN 55330 JUDE, VIVA JEAN & H 1844 MAIN ST NW ELK RIVER MN 55330-1726 75-426-0240 1953 6TH LN NW ELK RIVER MN 55330 JOHNSON, DAVID & MORRIS, ANN 1953 6TH LN NW ELK RIVER MN 55330 75-413-0320 1920 MAIN ST NW ELK RIVER MN 55330 DENUCCI, DANIEL & LAUREN 1920 MAIN ST NW ELK RIVER MN 55330 75-466-0082 18570 SIMONET DR NW ELK RIVER MN 55330 ERICKSON, ERIC &CAROL 18570 SIMONET DR NW ELK RIVER MN 55330-1133 75-402-0192 1903 6TH LN NW ELK RIVER MN 55330 FRANK, ANNA MAE 1903 6TH LN NW ELK RIVER MN 55330 75-466-0170 18629 SIMONET DR NW ELK RIVER MN 55330 BUNCE, NATHANIEL & MICHELE L 18629 SIMONET DR NW ELK RIVER MN 55330 75-466-0060 18636 SIMONET DR NW ELK RIVER MN 55330 NELSON, JACOB M & LORI A 18636 SIMONET DR NW ELK RIVER MN 55330 75-498-0130 12888 187TH CIR NW ELK RIVER MN 55330 COOPER, ROBERT& ANDREA 12888187TH CIR NW ELK RIVER MN 55330 75-535-0110 1790 TIPTON CIR NW ELK RIVER MN 55330 OWENS, ROBERT MELVIN 1790 TIPTON CIR NW ELK RIVER MN 55330 75-465-0670 18822 BOSTON ST NW ELK RIVER MN 55330 WATZKE, MICHAEL & LUANN 18822 BOSTON ST NW ELK RIVER MN 55330-1195 75-131-1440 13707 185TH AVE NW ELK RIVER MN 55330 ROYAL OAKS REALTY, INC 1000 COUNTY ROAD E W STE 150 SAINT PAUL MN 55126-8089 75-458-0110 12967 ORONO RD NW ELK RIVER MN 55330 HELLE, AARON &JAYMIE 12967 ORONO RD NW ELK RIVER MN 55330 75-413-0330 1912 MAIN ST NW ELK RIVER MN 55330 DUBAY, ROMONA M 1912 MAIN ST NW ELK RIVER MN 55330 75-458-0210 12911 ORONO RD NW ELK RIVER MN 55330 MORTENSEN, KARL N 12911 ORONO RD NW ELK RIVER MN 55330-1741 75-458-0165 18390 BOSTON ST NW ELK RIVER MN 55330 LORD, CHRISTOPHER A & JEANINE M 18390 BOSTON ST NW ELK RIVER MN 55330 75-458-0120 12943 ORONO RD NW ELK RIVER MN 55330 DILLEY, ROBERT 12943 ORONO RD NW ELK RIVER MN 55330-1789 75-458-0160 18402 BOSTON ST NW ELK RIVER MN 55330 DIRKES, DAVID A &JUDITH A -TRUSTEES 18402 BOSTON ST NW ELK RIVER MN 55330 75-132-4110 0 0 BAYERL, RANDOLPH L & SUSAN 1 12860 ORONO RD NW ELK RIVER MN 55330 75-465-0460 18930 CONCORD ST NW ELK RIVER MN 55330 ANDERSON, LLOYD 18930 CONCORD ST NW ELK RIVER MN 55330 75-413-0110 1980 MAIN ST NW ELK RIVER MN 55330 JARMOLUK LIVING TRUST 1980 MAIN ST NW ELK RIVER MN 55330 75-132-4100 12808 ORONO RD ELK RIVER MN 55330 STRITESKY, GARY & DIANE 12808 ORONO RD ELK RIVER MN 55330 75-458-0150 18378 BOSTON ST NW ELK RIVER MN 55330 COPELAND, BRIAND & DAWN 18378 BOSTON ST NW ELK RIVER MN 55330 143 260 Signature Required=131 30 Legend OLID Parcels (188) Tax Exempt (10) Lake Orono Local Roads ----------- 29 32 Feet 0 437.5 875 1,750 2,625 3,500 Source: Lake Orono Water Quality Committee n Date: 4-10-2019 \k F Note - Entire area is within T33N, R26W S I 5 4 M1 DEPARTMENT OF NATURAL RESOURCES May 23, 2019 John Dietz, Mayor Elk River City Council City of Elk River 13065 Orono Parkway Elk River, MN 55330 MINNESOTA DEPARTMENT OF NATURAL RESOURCES CENTRAL OFFICE 500 LAFAYETTE ROAD, BOX 25 SAINT PAUL, MN 55155 651-296-6157 888-646-6367 Re: DNR Advisory Report on the Formation of the Lake Orono Improvement District in Sherburne County Dear Mayor Dietz and City Council Members: I am writing to inform you that the Minnesota Department of Natural Resources (DNR) has reviewed the petition submitted to create the Lake Orono Improvement District (LID) and prepared this Advisory Report in accordance with Minnesota Rules, part 6115.0970, subp. 5. We conclude that: • we approve of the proposed boundary for the Lake Orono LID for the purposes of dredging, lake drawdowns, aquatic plant management, in -lake water quality projects, and shoreline projects; and • we recommend that the LID proposers work with the DNR, along with the MPCA, Elk River Watershed Association, Sherburne County Soil and Water Conservation District (SWCD), and other local and regional partners on larger watershed projects as is feasible. Goals of the Proposed Lake Improvement District The goals of the Lake Orono LID, as stated in the LID proposal, are to manage water quality, sedimentation, existing aquatic invasive species (AIS), nuisance vegetation, algae, and to be positioned to cope with future AIS threats. To attain these goals, the LID proposes to engage in the following projects: • Investigate the feasibility for dredging and a partial lake drawdown and carry out those actions. • Dredge approximately 130,000 cubic yards of sediment from Lake Orono to return it to its historic baseline depth. • Manage the invasive aquatic plant curlyleaf pondweed (CLP, Potamogeton crispus), as well as other detected AIS. • Manage native plants and algae if they increase to nuisance levels. • Improve water quality by reducing excessive nutrients in the lake. • Undertake lake research projects and other lake management projects as future needs arise. Background Information on Lake Orono 1. Lake Orono (Lake ID Number 71001300) is classified as General Development (GD). Per the Elk River's Shoreland Overlay District, GD lakes have structure setbacks of 50 and 75 feet above the Ordinary High Water Level (OWHL) for sewered and unsewered properties, respectively. 2. Lake Orono has an area of approximately 300 acres, almost all (94%) of which is considered to be littoral (15 feet deep or less per Minnesota Rules, part 6280.0100, sub 9). Generally, the littoral DNR Advisory Report on Lake Orono Lake Improvement District Page 1 zone is the part of a lake where rooted aquatic plants can grow, though the maximum depth at which plants can grow depends on water clarity and so varies from lake to lake and even from year to year within the same lake. Lake Orono's maximum depth is 18 feet, and its current mean depth is 3.1 feet, although the historic mean depth is approximately 5 feet.' 3. The lake is a reservoir of the Elk River, created when a dam was constructed on the river in 1916. Water outlet level is maintained by the City of Elk River at 871 feet MSL. 4. Lake Orono is at the downstream end of the Elk River watershed. The immediate catchment has an area of approximately 5,943 acres, and the total upstream watershed has an area of approximately 388,456 acres, or 611 square miles. These yield land:lake ratios of approximately 9.8:1 for the direct catchment and 1,295:1 for the total watershed. 5. Agriculture covers almost half the area in the upstream watershed. Pasture and grazing land cover about 18% and row crops 27% of the watershed area. Forest, almost entirely deciduous, covers approximately 20%2. 6. Both basins of Lake Orono are considered to be impaired for mercury, water clarity, and nutrients. 7. The Elk River Watershed has multiple impairments in various lakes and along various stretches of the river. The water quality impairments on the Elk River all have a target Total Maximum Daily Load (TMDL) completion year of 2023, and consist of three bacteria (E. coli), two fish, and one aquatic macroinvertebrate bio -assessments. 8. In 2015, a TMDL was completed for Upper and Lower Lake Orono as part of the Mississippi River St. Cloud (MRSC) Watershed Restoration and Protection Strategy (WRAPS) and TMDL project (https://www.pca.state.mn.us/sites/default/files/wq-iw8-46e.pdf). The second cycle of the WRAPS process for the MRSC watershed began in May 2019. Through the WRAPS process, partners throughout the watershed will be working together to further evaluate the MRSC watershed and continue the ongoing efforts to restore and protect its surface water resources. This effort will include the review of existing and development of new restoration strategies within the Elk River Watershed (e.g., TMDL development and evaluation of implementation efforts for existing TMDLs). 9. Lake Orono is in the North Central Hardwoods Forest Ecoregion. The lake's water quality parameters are outside the means for this ecoregion, with water clarity lower and chlorophyll -a and total phosphorus higher than the means. 10. Lake Orono is considered to be eutrophic. The mean Trophic State Index (TSI) for Lake Orono is 61; values from 50 to 60 are considered to be mildly eutrophic and higher values are eutrophic. 11. Lake Orono is infested with curlyleaf pondweed (CLP), an aquatic invasive plant. In addition, the invasive emergent plants purple loosestrife (Lythrum salicaria) and yellow iris (Iris pseudacorus) grow along the lake's shoreline. 12. The City of Elk River maintains a concrete boat ramp in Lake Orono Park, on the western shore just south of US Hwy 10. A public fishing pier and public beach are located south of the boat ramp. 13. The proposed LID will include all properties with direct or deeded lake access. 14. The proposed method of the LID formation is by city resolution in response to citizen petition. 1,2 Lake Orono Lake Management Plan 2017-2020 DNR Advisory Report on Lake Orono Lake Improvement District Page 2 Issue Analysis Sedimentation Lake Orono is a reservoir at the downstream end of the Elk River, and receives approximately 3 to 7 million pounds of sediment' from the Elk River watershed each year, resulting in a net deposition of approximately 8000 cubic yards of sediment annually'. This reduces the overall depth of the lake and reduces navigation, aquatic recreational opportunities, and user safety in the lake, and covers vegetation, rocks and gravel, and other underwater structures important for vegetation and wildlife. In 1998, approximately 120,000 cubic yards of sediment was removed from Lake Orono. However, given the lake's position at the bottom of a large, heavily agricultural watershed, sedimentation will continue to be a problem for the lake and dredging to remove excess sediment and restore lake depth will need to be conducted periodically. The study that formed the basis for the sedimentation removal project in 1998 predicted that sediment removal would need to be undertaken again in approximately 20 years, and that prediction has proven accurate. Over the past two decades, mean lake depth has been reduced from 5 feet to approximately 3.1 feet. To restore lake depth to its state after the last dredging activity, the LID proposes to remove approximately 130,000 cubic yards of material. The proposal also states that the dredged sediments will be reused, and it proposes to create a deeper water (up to 10 feet in depth) area near the lake inlet to trap and store sediment. Water levels in the lake may be temporarily lowered by opening the dam to facilitate sediment removal. Sedimentation studies by Wenck Associates suggest that the rate of sedimentation has increased slightly over the past twenty years. In 2011, sedimentation rates were calculated to be approximately 6400 to 6900 cubic yards of sediment, while accumulation rates since 2011 seem to be approximately 8000 cubic yards. This may be the consequence of more accurate and more comprehensive data collection since 2011, or it could reflect an actual increase in sediment accumulation in Lake Orono. Water quality and water flow modeling by the Sherburne County Soil and Water Conservation District suggests that total suspended solids (TSS) in the watershed increased dramatically between 2009 and 2016, due to increased precipitation; this could have been the source of the apparent increase in sedimentation. MPCA is planning to conduct an intensive water quality monitoring program in the Mississippi River St. Cloud watershed, and the information gathered in this program may better address this question. Sedimentation is a known, expected, and predictable ongoing problem for reservoirs such as Lake Orono. The only choices are: 1) let the lake fill in, 2) modify the dam to reduce head and allow more sediment to be transported downstream, 3) stop the sediment upstream of Lake Orono, or 4) periodically remove accumulated sediment. The LID has determined that the periodic removal of sediment is the most practical solution for Lake Orono at this time. The lake management plan states that the removed sediment will be reused. The removed sediment will likely contain curly pond leaf (CLP) turions, and therefore should be used only in upland areas so the turions cannot be introduced into a new water body. The activities proposed to address this lake problem are heavily regulated and require several permits: • Any sediment removal below the OHWL requires a DNR Public Waters (PW) permit, Minnesota Pollution Control Agency (MPCA) sediment disposal permits, and other applicable permits. • Lake drawdowns require consent of at least 75% of affected landowners, a permit amendment, and are regulated under Minnesota Statutes § 103G.408. 3. 2010 Wenck Associates Report on Lake Orono Sedimentation Study. DNR Advisory Report on Lake Orono Lake Improvement District Page 3 The LID will need to work closely with: • DNR Area Fisheries Supervisor Joe Stewig (joe.stewig@state. mn.us, 320-223-7867) for guidance on minimizing impacts to flora and fauna from the drawdown, dredging, water level restoration, and related activities. • DNR Area Hydrologist James Bedell (lames.bedell@state.mn.us, 320-223-7850) for overall guidance on the activities and PW permits. • DNR Dam Safety Program Supervisor Jason Boyle (iason.boyle@state.mn.us, 651-259-5715) for guidance on any activities requiring operation of the dam. • US Army Corps of Engineers (USACE) and Board of Water and Soil Resources (BWSR) for guidance and to clarify applicable standards. • The MPCA on permits to ensure the safe and appropriate disposal of dredged sediment. • The City of Elk River on the drawdown, sediment removal, and sediment disposal work. Both the City of Elk River and various individuals associated with Lake Orono Improvement Association and the Lake Orono Water Quality Committee have experience with these activities from the lake's first sediment removal in 1998, and the DNR is encouraged by this experience and previous success. MN DNR also notes that Upper Orono, the area with the greatest amount of sediment deposition, n1cn hac tha mnct nhiinrlan+ r1 Q Tho rI�IR nvnnr+c +ho I Irl �nii +hof +i n� GIL Qiior +.. rc.n7 ., dredging contractors to take every sensible precaution to avoid spread of the CLP plants or turions during these operations. The proposers should consult with the DNR Aquatic Invasive Species Program staff for further guidance on avoiding CLP spread from dredging and sediment. • The Lake Orono Water Quality Committee proposes to extend the time span between sediment removal projects from the current expected 20 years to at least 30 years. This will be challenging because most of the sediment comes from the upstream watershed. Since this area is outside of the LID boundary, there is very little that the LID can do directly. However, the Lake Orono Water Quality Committee is working closely with several other groups that have more direct opportunities to promote Best Management Practices (BMPs) in the upstream watershed and reduce sediment loading. MN DNR encourages the LID to continue with these partnerships. The LID also proposes projects besides dredging to reduce sediment input to the lake. Available data suggest that total suspended solids (TSS) contribution from the area immediately surrounding Lake Orono is minor; however, it is easy for the LID to directly pursue sediment reduction projects in this area. Such projects would consist of encouraging property owners to plant native vegetation and vegetative buffers along the shoreline to reduce runoff into the lake. The DNR encourages the LID to promote these projects among the LID's members. The City of Elk River can also engage in actions to reduce the sediment load in city runoff carried by drainage ditches into the lake. These actions may include continuing its practice of dredging material accumulated in front of drainage areas and sweeping the streets near the lake regularly, especially before forecast storm events. The LID will also educate citizens on the importance of keeping lawn waste out of streets, ditches, and areas prone to runoff. The DNR would like to remind the LID proposers that increased precipitation, and particularly an increase in more intense rainfalls and storms, is predicted for Minnesota due to climate change. The observed increase in precipitation (and accompanying increase in TSS) could be part of this predicted trend. The DNR encourages the LID proposers to continue to monitor TSS and water flow into and out of Lake Orono so this question can be explored further. The DNR also encourages the LID proposers to take into account DNR Advisory Report on Lake Orono Lake Improvement District Page 4 the predicted more intense rainfalls when planning sedimentation removal projects, because such rainfall patterns will increase TSS, and therefore sediment accumulation, in Lake Orono. Invasive Plants Management Lake Orono has three invasive plant species: the submersed plant curly -leaf pondweed (CLP) and two emergent plants, purple loosestrife and yellow iris. CLP has been present in the lake since 2003 and currently covers approximately 33% of the lake. The LID proposes to reduce abundance of CLP with herbicide applications and possibly mechanical removal. The two emergent aquatic invasive species, purple loosestrife and yellow iris, can be managed by manual removal and replacement with native wetland plantings and shoreline vegetation restoration. Herbicide treatment of CLP started in 2017 and was repeated in 2018. In 2017, 4.27 acres were treated, and in 2018, 22 acres were treated. CLP was found at a far lower frequency in 2018 than in 2017 (35% of the littoral zone vs. 71% of the littoral zone). With so few data points, no conclusions can be drawn. Pesticide treatments also may not be as effective if flow rates are high and the pesticides move downstream. Therefore, timing and concentration exposure time is essential when considering a pesticide treatment. Full lake point intercept surveys of aquatic vegetation in Lake Orono have been conducted in May 2012, by MN DNR staff, and in 2017 and 2018 (early June to evaluate CLP, and July to evaluate the native plant community) by a private consultant. The 2012 DNR survey was conducted to learn the extent of CLP, while the two later surveys were conducted to assess the native aquatic plant community in addition to CLP. The 2012 DNR survey found CLP at 14% of sampling points, and the 2017 and 2018 surveys found higher occurrences of CLP. The July surveys found aquatic plant growth at 46% and 72% of points sampled, with 18 to 22 native species. The surveys found plants to a maximum depth of 8 feet in 2017 and 5.5 feet in 2018, with the vast majority between 3 and 5 feet. The dominant native plant species are coontail (Ceratophyllum demersum), 'common waterweed' (Elodea canadensis) and duckweeds. The DNR notes that the dredging and partial lake drawdown, which are expected to be implemented as soon as 2019-2020, may have a profound effect on the distribution and abundance of CLP. Additional CLP plants and turions would be removed during sediment dredging. The DNR notes that the heaviest CLP growth occurs in Upper Orono, where most sediment deposition occurs and which will be most heavily dredged. If done properly, the dredging could help to alleviate the CLP abundance. The proposed lake drawdown could also help to reduce CLP. A winter drawdown would expose sediments to freezing and kill many of the exposed plants and turions, likely reducing the "seed bank" for CLP. Areas that do not maintain a hard freeze may be more suitable for pesticide treatments. It is important to note that, while a winter drawdown would freeze out CLP, it can also have an undesirable effect on other plants as well as hibernating animals. Drawdowns should be timed to avoid or minimize these effects, especially any possibility of taking endangered or threatened species, or impacting Species of Special Concern. The DNR suggests that the LID re-evaluate the lake's vegetation community after any drawdown and dredging, then base its vegetation management activities on the new community structure. The drawdown and dredging may significantly reduce the need for herbicide application. In addition, CLP has unique life history patterns (emergence and growth early in the spring, followed by midsummer senescence) that must be taken into account when treatments and monitoring surveys are conducted. DNR Advisory Report on Lake Orono Lake Improvement District Page 5 Any AIS management should be accompanied by regular lake vegetation surveys, and with the guidance of the DNR's Aquatic Invasive Species Program. It is important to recognize that although CLP is invasive, this plant is still beneficial to fish and wildlife, especially in the early spring when it may be the only plant that can provide cover, habitat, and foraging areas. A balance of managing plant communities and nuisance vegetation should be carefully considered. Overall, lakes need aquatic vegetation for a variety of ecological purposes and it would not be favorable to remove the majority of vegetation without implementing restoration efforts, especially if the stated goals are to improve wildlife habitat, improve algal growth, promote fishing, reduce erosion, and improve water quality. Some vegetation is preferable to no vegetation, even if that vegetation is CLP. The petition also states that the LID will engage in additional actions to monitor, manage, and prevent additional AIS infestations. These actions include contracting for AIS inspections at the public boat landing, educating property owners and lake users about AIS detection and prevention. The DNR strongly supports these practices. The most efficient way to manage AIS is to address it early, before it rises to nuisance levels. Eurasian watermilfoil (Myriophyllum spicatum; EWM) is present in four basins in Lake nrnnn'c iinctraam watarcharl [Ria Faala I ittla File and Mitrhall I nleac• all in rhorhimno re%iintvl cn FIAMA could get into Lake Orono as well. The DNR encourages the LID to work with the City of Elk River, Sherburne County, and local DNR Watercraft Inspection Program staff to promote these additional activities. The DNR cautions the proposers that AIS growth is lower than it could be. Most of the lake is less than 15 feet deep, and therefore theoretically capable of having vegetation growth. Current vegetation distribution is limited by the lake's low water clarity, but if water quality improves and clarity increases, it may spark increased vegetation growth, including CLP. If this occurs, the LID should remember that this may be a consequence of improved water quality and not necessarily negative. The LID should therefore continue to work very closely with the DNR Aquatic Invasive Species Program to ensure that any AIS management remains in balance with overall water quality improvement goals. The LID should contact the local Aquatic Invasive Species specialist Christine Jurek (christine.iurek@state.mn.us, 320-223-7847) for further guidance on AIS management. Native Vegetation Management The LID proposes to manage native aquatic vegetation and algae, should these rise to nuisance levels. The DNR recognizes that management of nuisance levels of native vegetation is sometimes necessary for navigation or recreational purposes, but in Lake Orono, reduction of native plant overgrowth may not be necessary or beneficial. The majority of the areas where plant growth is common are areas that are less than five feet in depth and are not ideal for recreation due to these shallow depths. These areas should be maintained for habitat instead. In addition, the removal of native aquatic plants may result in more algal growth and an increase in turbidity in the water and is thus inconsistent with plans to reduce algae proliferation and improve water quality. The dredging plans may also have adverse impacts on the lake's native plant community. Many of the areas targeted for dredging may include floating -leaf or emergent vegetation that provides high quality DNR Advisory Report on Lake Orono Lake Improvement District Page 6 wildlife habitat. The LID should work with the DNR's Aquatic Plant Management Program to survey aquatic and wetland plants in the areas under consideration for dredging and come up with a strategy to avoid or minimize destruction of desirable native vegetation due to dredging activity, and to design restoration projects in dredged areas where harm to native vegetation cannot be avoided. Lake Orono has several complex and interrelated problems, and measures taken to address these problems will have impacts on the lake's native vegetation. These include impacts from dredging, drawdowns, and herbicide treatment or mechanical removal of CLP. Balancing all of these measures while protecting the integrity of the aquatic vegetation community will be very challenging, but necessary. The DNR strongly encourages the LID to include consideration of the impacts of all of these problems and their proposed solutions on the vegetation, and propose a viable strategy to protect or restore the native vegetation community from the consequences of these solutions, in any Lake Vegetation Management Plan that it adopts. Water Quality Lake Orono is eutrophic, with elevated total phosphorus concentrations and low water transparency. Mean summertime TP is around 100-111 µg/L, and mean Secchi depth is about 3.1 feet. Threshold values for lakes similar to Lake Orono in the same ecoregion (North Central Hardwood Forest Shallow Lakes) are considerably less: <60 µg/L TP, <20 pg/L chi -a, and >3.3 feet Secchi depth. According to the MPCA, internal nutrient recycling and nutrients from stormwater runoff are a small part of the lake's water quality problems. Four sediment cores collected and analyzed for phosphorus in 2018 showed one sample slightly above the median for Minnesota lakes; one within the lower 25% of values expected for Minnesota lakes; and two with no phosphorus release. These results support the hypothesis that most of the excess phosphorus comes from the watershed. Lake Orono has a very large watershed:lake ratio, most of which is agricultural or otherwise developed in some fashion. The watershed is itself considered impaired for water quality characteristics in numerous stretches. These characteristics increase the lake's vulnerability to pollution from the watershed. Because these phosphorus sources are largely outside the boundaries of the proposed LID, it will be challenging for the LID to remediate them; nevertheless, reducing phosphorus inputs from the watershed is the most effective way to help Lake Orono with its eutrophication problems. To achieve this goal, the DNR strongly encourages the LID to pursue any erosion control, landscaping and ecosystem restoration projects within the boundary of the LID, and to pursue partnerships and collaborations with private property owners, Sherburne County, the Sherburne County SWCD, BWSR, the Elk River Watershed Association, and the MPCA to indirectly influence those sources of phosphorus outside the LID's boundaries. According to the Orono Lake Management Plan, the Lake Orono Water Quality Committee (LOWQC) already has a long history of working with many of these groups to pursue water quality enhancement projects in the Elk River Watershed. The DNR also suggests that the LID undertake a survey to determine whether any septic systems on the lake are noncompliant and, if so, bring them into compliance. Noncompliant septic systems can be a significant contributor of nutrients to the lake. The high mercury concentration in fish tissue is being addressed with the Statewide Mercury TMDL. DNR Advisory Report on Lake Orono Lake Improvement District Page 7 Other The proposal includes a statement that the LID may restore, establish, or maintain upland vegetation buffers to enhance wildlife habitat and deter Canada geese. This is a suitable goal for the LID and the DNR supports it. In addition to wildlife benefits, buffers along the shoreline will also improve water quality as they trap runoff into the lake, reducing sediment, nutrients, chlorides, and other pollutants. Recommendations & Conclusions Proposed LID Boundaries The boundaries of the proposed LID include only properties with direct or deeded access to Lake Orono. Minnesota Rules, part 6115.0920, subp. 5 requires that the boundaries include all lands and waters within the direct drainage basin of the lake (shown on the attached map). However, the rules also allow the County Board or City Council to create a boundary less than the entire drainage basin with written Commissioner approval if the boundary selected includes a sufficient amount of the lake's watershed to develop and implement feasible solutions to the problems the LID intends to address. Restriction of the district's boundary to these properties is sufficient to address the in -lake and shoreline water quality and vegetation management activities for which the LID is being proposed. Therefore, in accordance with these rules, the DNR approves the proposed boundaries identified in the resolution. Advisory Comments & Recommendations As a reservoir at the bottom of a large and heavily developed watershed, Lake Orono has a chronic water quality and sedimentation problem, yet the causes of these problems largely lie outside the proposed LID boundary. The proponents of the LID appear to be aware of the complexity and magnitude of this problem, and are including in the proposal both projects that the LID can carry out directly within its boundaries, and projects outside the LID's boundaries that will require coordination and cooperation with other parties, including the Sherburne County SWCD, Elk River Watershed Association, DNR, other area lake associations, and the MPCA. The DNR is pleased that the LID proposers recognize and acknowledge the importance of working with these other groups, because it is unlikely that problems of the nature and magnitude of Lake Orono's sedimentation and eutrophication problems can be alleviated solely through in -lake and shoreline projects. The LID proponents have also worked very closely with a large number of city, DNR, and MPCA staff people to elicit feedback, comments, and suggestions on the LID's proposed projects and goals before proceeding with the LID formation process. This proactive work has resulted in a very well -thought out product. The DNR commends the proposers for their efforts in this regard, and encourages the LID to continue with these collaborations should the LID be approved. These partnerships are the most effective means of improving water quality and reducing sediment loading in Lake Orono. Finally, many of the proposed projects to address one problem may have adverse effects on other desirable aspects of the lake (e.g., drawdown and dredging will affect the native vegetation and wildlife). DNR Advisory Report on Lake Orono Lake Improvement District Page 8 Balancing and mitigating these effects will require ongoing collaboration with natural resource professionals. Thank you for consideration of these comments. Please contact Kathy Metzker, DNR Land Use Hydrologist, at kathleen.Metzker@state.mn.us or 651-259-5694 if you have any questions. If approved, please provide the name and address of the primary contact of the Board of Directors for the LID and remind the LID of its obligation to provide DNR notice of annual meetings and copies of annual reports per Minnesota Statutes, § 1036.571. Sincerely, DIVISION OF ECOLOGICAL AND WATER RESOURCES Steve Colvin Director, Division of Ecological and Water Resources Attachment c: Jennifer Shillcox, DNR Land Use Programs Supervisor James Bedell, DNR Area Hydrologist (Sherburne County) Christine Jurek, DNR Aquatic Invasive Species Specialist Daniel Petrik, DNR Land Use Specialist Jason Boyle, DNR Dam Safety Program Seth Goreham, MPCA North Central Watershed Unit Supervisor Phil Votruba, MPCA Project Manager -Mississippi -St. Cloud Watershed Audrey Kuchinski, DNR Aquatic Plant Specialist Joe Stewig, DNR Area Fisheries Supervisor Patrick Plant, Chair, Lake Orono Water Quality Committee Christy Cox, President, Lake Orono Improvement Association Calvin Portner, City Administrator Amanda Bednar, Environmental Coordinator, City of Elk River DNR Advisory Report on Lake Orono Lake Improvement District Page 9 M ll u:TART,MINcc OF orcc 1 ATTORNEYS AT LAW May 30, 2019 AY 3 ®2019 Via Hand Deliver The Honorable John J. Dietz City Council Members City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re: Proposed Orono Lake Improvement District Objection of Elk River Lot Owners to Inclusion Dear Mayor Dietz and Council Members: Please be advised that Trepanier MacGillis Battina PA has been retained by certain owners of lots adjoining Elk River relative to the petition by the Lake Orono Improvement Association (LOIA) that is currently before The Elk River City Council. Please direct future responsive correspondence to me. The LOIA is petitioning for approval of the formation of the Orono Lake Improvement District (OLID) with a public hearing to be held at 6:30 pm, June 3rd, 2019, at Elk River City Hall. Our clients own ten (10) lots on Elk River that have been included in the proposed OLID. These lots are located within Section # 30 of LOIA's proposed district map (Exhibit "A" in the LOIA application). For the reasons set out below, the lot owners I represent respectfully request to be excluded from the Orono Lake Improvement District. First, and foremost, these property owners do not own lakefront property on Lake Orono. The map submitted by the LOIA clearly denotes where the river begins and the lake ends. I have included a color copy of a second map that appears to be the source map for Exhibit A to the petition. There is clearly a grey colored line across the northwest corner of the lake denoting the westernmost edge of Lake Orono and the beginning of Elk River. According to Minnesota Statute 10313. 521 (1)(a)(4), proposed district boundaries are encouraged "to be consistent as possible with natural hydrological boundaries." We feel as if the boundary was extended into Elk River for the sole reason of increasing collection of assessments and not because the shoreline of said lots need remediation. The property owners I represent are situated along 189th Avenue Northwest. In this location, Elk River has a substantive current, and the water use and activities are materially different from that of Lake Orono. These property owners would not be significant beneficiaries of the proposed OLID. The LOIA's petition lists specific action plans centered around lake dredging, 8000 Flour Exchange Building - 310 Fourth Avenue South - Minneapolis, MN 55415 Phone: 612.455.0500 - Fax: 612.455.0501 - www.trepanierlow.com The Honorable Mayor Dietz City Council Members City of Elk River May 30, 2019 Page 2 invasive species remediation, lake water quality improvement and fishery habitat management. By being on Elk River, these landowners are not experiencing any issues regarding sedimentation, curly weed infestation, and their water quality is fairly consistent — having more to do with weather conditions than lake conditions, sediment or invasive species. As such, they do not stand to benefit in a significant way from inclusion in the OLID. Of additional significant concern is the inequitable tax implications relative to fees and assessments levied as a result of the OLID. The assessments appear to be assessed based upon the individual lots, and not on frontage owned. Many of my clients own multiple small lots on Elk River and, as submitted, the petition would obligate them to bear an unfair burden. It would be inequitable to bill a lot owner who owns two (2) forty (40) foot lots double the assessment of a lot owner having one thousand (1,000) feet of shoreline. A cursory review of the "Petition Requesting The Elk River City Council to Form an Orono Lake Improvement District" form shows that there is no disclosure of the financial affects of forming the OLID, nor is it disclosed how the assessment would be allocated among land owners (Exhibit B to the Petition). Said disclosure may have had a significant affect on the number of signatories. Also, the same form has two signature lines. In disclosing the percentages of land owning signors (see "Petition Signature Totals") there is no breakdown as to whether multiple land owners of the same land signed, or if the percentage of the total lots to be included. This is important as, similar to my client, many lot owners own multiple lots for a single residence. This information provided appears to be incomplete at best, and the form provided to the landowners may be misleading, without the inclusion of financial and assessment information. The Sample Initial Budget included within the LOIA's petition cites a five-year $905.48 annual assessment to lakeshore property owners. This assessment would be levied to each individual property owner regardless of individual property values and lake frontages. The budget goes on to account for such itemizations as miscellaneous office supplies and website maintenance fees. The property owners I represent find these assessments patently unfair. It would appear as if the planned expenditures would be undertaken to enhance the value of the landowners whose lots have invasive species or the depth at the end of their docks is now insufficient as a result of silt. While my clients are sympathetic, these costs should be borne by those whose land is affected by the maladies complained of and who chose their living accommodations accordingly. We respectfully request that the Elk River property owners be excluded from any proposed OLID and that should the Elk River City Council approve the OLID, the map be amended to show the river lots excluded therefrom and any obligations thereunder. The Honorable Mayor Dietz City Council Members City of Elk River May 30, 2019 Page 3 Sincerely, TREPANIER ILLIS BATTINA P.A. Y M. Miller Direct: 612.455.0504 gmiller@trepanierlaw.com 3AV CHEW .AN M' "0�3tN 3,mo AN 1S H15 AN 3Ab H? SSL !2� ~ ' 4� r� 0 Lam'" ..._,�, _.,.---- st 8 los 'MN 3AV '� — ? ."�= ✓ ` ar" MND J .-Dayf `re �` fO •h -�'. ,>�"�O�1aL� ,.. 'rip" , i�.�>� "A� � i /��4 :;.-,,,'yy` 2''_.• °+";�'-,,,r -'. _ .r" ' J 6l os ui6a� S1Jp �`F'd—oeynnp;pnQ �$ �� IMPORTANT NOTICE' Y0VV 0 PO QN TAxEs ALL Go UP HUGE eta 2020 IF Yd0 DO NOT H nA4 -ro ogQosE-cH�s. � �"��# district ion WHAT. Orono take I y�titk�� coy be a ostri t. That means it will have OLID is curre ay oy ort ar'd'"'Jof t. E0 er y0ur watershore and increase governmeht suPP `,rrer,,0r1 your taxes at rpp .Wilh rI r r 1 i19 at 6,30 m p l a/ _ J •� ovnrr�eC fClr ''%. .. nterested oartie� arP CURRENT ESTIMATE THE OLID PROPOSES, $4,527.38 per unit — property, plus ongoing forever. This would appear on your 2020 taxes. If you do not show up on Monday to protest this tax assessment, you will become a member of the OLID and your property taxes WILL -increase and you could lose some of your property rights. WHY SHOULD WE PROTEST THIS -OLID? 1) The tax assessment as proposed is disproportionate and heavily favors the wealthy With,larg properties. Each property -will pay the $4,527.38.(estimated amount, re rdless-of footage of water front'.You may only have 50 feet -on the. water andwviil pay the same amountas a property wth 1_,'000 feet. 2) The .petition that residents signed never said anything about, increasing your taxes and possi0lY losing waterfront property rights. The petition was prop" r`� 1 signatures needed. The petition allowed up to 2 required to obtain 'the 50%_+e did it disclose the financial impact to the ``signatures per propert�i and at no tim _ � property owners. 3} mance the district is approve by the 'City,, you could lose,some of your waterfront rights and could be subject to a lien/foreclosure if you do not compy with OLID. A I, hope to see you at the hearing, City Council Lake Orono Improvement District (OLID) Creation of a Lake Orono Improvement District (OLID) ■ Local government unit to manage lake ■ If approved, annual budget approved by City following meeting ■ City appoints board of directors ■ Funding: does not have taxing authority, rather assess cost, service charge or tax to benefited properties ■ Boundary based on adjacent properties of Lake Orono public water ■ Address specific, local concerns Creation of a Lake Orono Improvement District (OLID) ■ Public Hearing Notice published in the StarNews May 11 and 18, 2019 and direct mailed to all property owners within proposed OLID boundary ■ Signatures of petition verified — 260 possibly signatures, 143 valid signatures accepted, representing 55% ■ Per state law, between 10-30 days after the public hearing is closed, the Council shall, by Order, make a decision on the OLID DNRAdvisory Report ' We approve of the proposed boundary for the Lake Orono LID for the purposes of dredging, lake drawdowns, aquatic plant management, in -lake water quality projects, and shoreline projects; and ' We recommend that the LID proposers work with the DNR, along with the MPCA, Elk River Watershed Association, Sherburne County Soil and Water Conservation District (SWCD), and other local and regional partners on larger watershed projects as is feasible. U Legend OLID Parcels (188) Tax Exempt (10) Lake Orono Local Roads 21 0 437.5 375 1.750 Ze2t Source: Lake Orono Water Quality Committee Date : 4-10-2019 Note - Entire area is within T33N, R26W 33 = Feet 3, 50YJ r Points of Clarification ■ Proposed OLID Boundary based on state statue and DNR guidance ■ Signatures based on property owners (up to two potential Signatures), trust (one signature) and required shoreline or deeded access to lake ■ Proposed OLID units based on household, not number of parcels on lakeshore ■ Proposed OLID website available with more details, plus direct mail to all affected property owners LIDTimeline ■ Received Complete Application: April 10 ■ Verify Signatures: Completed and certified May 24 ■ Public Notice including direct mail: May 11 & 18 ■ Public Hearing: June 3 ■ Publish Order: 10-30 days after Public Hearing (at earliest June 17) ■ Potential for petition for referendum requiring 26% of property owners ■ Establishment of LID: 30 days after Publish Order and no petition received (at earliest July 17) ■ Annual meeting to be held July or August ■ Submit levies to City: September 15