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RES 19-22�= City of Elk River ver City Council Resolution 19- 22 A Resolution of the City Council of the City of Elk River Making Findings of Fact and Approving an Order Establishing the Orono Lake Improvement District in the City of Elk River, Minnesota WHEREAS, the Lake Orono Water Quality Committee ("Applicant") has submitted a petition ("Application") to the city for the establishment of a Lake Improvement District to be known as the Orono Lake Improvement District (OLID) which would include properties along the shore of Lake Orono; and WHEREAS, the record in this matter shall include all of the materials submitted to the City Council in connection with the April 10, 2019, Application, including staff reports and all attachments thereto, all other written materials submitted to the City Council, and all staff presentations and other testimony taken at the public meetings and public hearings considering the Application, all of which is incorporated and made a part of the findings of fact and this resolution; and WHEREAS, the City Council held a work session on May 6, 2019, to receive information from city staff and the Applicant regarding Minnesota Statutes, Sections 103B.501 — 103B.581 and Minnesota Rules, Sections 6115.0900 — 6115.0980, which together sets forth the purpose, criteria, and standards for establishing lake improvement districts; and WHEREAS, per Minnesota Statutes, Section 103B.521, the Office of the City Clerk certified 143 property owner signatures out of 260 possible and determined that the petition to establish the OLID meets the required number of signatures and is valid; and WHEREAS, the City Council held a public hearing on June 3, 2019, to receive testimony and evidence from city staff, the Applicant, and any other persons regarding the Application; and WHEREAS, the Applicant and all others wishing to speak were given the opportunity to present testimony to the City Council; and WHEREAS, the City Council closed the June 3, 2019, public hearing on the Applicant's Application and directed staff to gather additional information regarding the Application, including information from the Minnesota Department of Natural Resources ("DNR") regarding the appropriate boundaries of the OLID, and continued the item to the June 17, 2019, City Council meeting; and p 0 V E I E I I1 NATUR� WHEREAS, on June 12, 2019, the DNR responded to the city's request for a review of the proposed boundaries of the OLID and advised the city that the boundaries as proposed in the petition for the OLID are appropriate; and WHEREAS, the City Council held their meeting on June 17, 2019, to review the Application and all materials submitted for the public record, and to ask additional questions of city staff and the Applicant; and WHEREAS, the City Council, at the conclusion of its June 17, 2019, meeting on the Applicant's Application adopted this resolution making the following Findings of Fact and Decision and adopting the attached Order Establishing the Lake Orono Improvement District. NOW, THEREFORE, the City Council of the City of Elk River, Minnesota, makes the following findings of fact and decision with respect to the Petition by the Lake Orono Water Quality Committee for the establishment of a lake improvement district: FINDINGS OF FACT 1. Minnesota Statutes, Section 103B.515, Subd. 4, provides that a lake improvement district may be established if the City Council determines that: a. The proposed district is necessary or that the public welfare will be promoted by the establishment of the district; b. Property to be included in the district will be benefitted by establishment of the district; and c. Formation of the district will not cause or contribute to long-range environmental pollution. 2. The City Council finds that the proposed OLID is necessary and that the public welfare will be promoted by the establishment of the OLID because: a. The OLID will help achieve an equitable and stable ongoing funding means to manage water quality, sedimentation, existing aquatic invasive species (AIS), nuisance weeds, algae, and to be positioned to cope with future AIS threats; and b. The OLID will provide funds which will complement city, county, state, and Lake Association investments that alone are not sufficient; and c. The OLID could fund the expansion of curly -leaf pond weed remediation to all infested public and private areas lake -wide; and d. The OLID could improve water clarity and quality by pinpointing harm sources and implementing a reduction plan; and ! 0 1 E I E 1 l Y NAPNE e. The OLID could help manage fisheries and habitat and maintain and improve their quality; and f. Establishing the OLID will help facilitate the proposed Lake Orono Restoration and Enhancement (LORE) Project; and g. Establishing the OLID will facilitate a comprehensive plan to monitor and improve water quality within the OLID as needed. 3. The City Council finds that property to be included in the OLID will be benefitted by establishment of the OLID because: a. Implementation of a comprehensive program will work to alleviate current ecological stressors and recreational impairment on Lake Orono; and b. Property owners within the OLID, and all Elk River residents, will enjoy a cleaner, clearer, safer -to -navigate lake that will provide better recreational opportunities and improve wildlife habitat; and c. A managed lake willmaintain and improve property values as well as add to residents' enjoyment; and d. The OLID will leverage property owners' investment in their properties and the lake by providing an added way to be eligible for public grants; and e. The OLID will give property owners within the OLID the opportunity to participate in management and funding decisions regarding the lake. 4. The City Council finds that establishment of the OLID will not cause or contribute to long-range environmental pollution and improvements to water quality, reduction in invasive aquatic plants and encouragement of Best Management Practices for lakeshore owners contemplated by the OLID will, in fact, mitigate environmental pollution. 5. Therefore, the City Council finds that the proposed OLID meets the state statutory criteria for establishment. DECISION Therefore, the City Council of the City of Elk River adopts the attached Order Establishing Orono Lake Improvement District, based on the findings of fact set forth above. Passed and adopted this 17`'' day of June 2019. Y-inlj nDietzt,�A�or r0 V E 0 1 1 6 T ATUR� (,7/ Tina Allard, City Clerk P01EBE1 B1 NAYUR� Order Establishing Orono Lake Improvement District This matter came before the Elk River City Council on June 17, 2019, on a petition to establish a lake improvement district for Lake Orono. The City Council, having considered the petition for a lake improvement district, the comments made at the public hearing held on June 3, 2019, the advisory report from the Department of Natural Resources and all other written comments submitted, makes the following Findings and Order. FINDINGS 1. The City of Elk River received a petition ("The Petition") on April 10, 2019, requesting the establishment of a lake improvement district for Lake Orono. 2. The signatures on the Petition have been verified by the Elk River City Clerk, and the Petition meets the requirements of Minnesota Statutes, Section 103B.521. 3. Notice of the June 3, 2019, public hearing on the Petition was published in the StarNeays on May 11 and May 18, 2019. 4. Notice of the public hearing was mailed to all property owners within the proposed Orono Lake Improvement District (OLID) on May 10, 2019. Notice of the public hearing was also emailed to the Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Minnesota Board of Water and Soil Resources and the Sherburne County Soil and Water Conservation District on May 9, 2019. 5. The Petition and supporting documents were made available to the public on the city's website and at Elk River City Hall. 6. Lake Orono is included on the Minnesota Pollution Control Agency's list of impaired waters for mercury contamination and for excessive nutrients. 7. Lake Orono has experienced chronic problems with aquatic invasive species, including curly leaf pondweed. The reasons to create the OLID include: (1) Implement a comprehensive program to alleviate current ecological stressors and recreational impairment on Lake Orono, brought about by excessive aquatic invasive species, native plant overgrowth, algae proliferation, excess nutrients and sedimentation; (2) Maintain, restore or establish natural upland buffers to encourage wildlife, help prevent decline in species, deter Canada geese, and provide enjoyment for future generations; (3) Increase public awareness and use of Best Management Practices targeting the reduction of sedimentation, phosphorus and salt inputs from upstream and shoreline sources to Lake Orono; (4) Build the public perception and "brand" of Lake Orono as a quality recreation destination, valuable community asset and safe lake; (5) To maintain and improve water quality in Lake Orono; and (6) To obtain financial assistance through public land and private grants and other funding sources for these activities. 9. The property included within the boundaries of the lake improvement district will benefit by the establishment of the district. 10. The establishment of the lake improvement district is appropriate and will promote public welfare and will protect, preserve and improve the quality of the lake. ORDER Now therefore, the Elk River City Council hereby orders the establishment of a lake improvement district for Orono Lake as follows: 1. Name. The name of the lake improvement district shall be: Orono Lake Im rovement District OLID' 2. Boundaries. The boundaries of the OLID shall include all parcels as shown on Attachment A, which are the District Boundaries as determined by the Minnesota Department of Natural Resources (DNR) in accordance with Minnesota Statutes, Sections 103B.511 and 103B.535 and Minnesota Rules, Part 6115.0920, subparts 4 and 5. 3. Programs and Services. The water and related land resource management programs and services that may be undertaken by the OLID include: a. Develop and implement a comprehensive plan to monitor and improve water quality within the OLID as needed; b. Apply for and receive public or private grants and/or enter into agreements with federal/state/local agencies or private contractors for the study and treatment of issues related to pollution, aquatic invasive species and water level related issues; c. Undertake research to determine the water quality within the OLID and coordinate and share such research with the Department of Natural Resources, the Pollution Control Agency, and other interested agencies, including the Soil and Water Conservation District and the Elk River Watershed Association; d. Conduct programs for water quality monitoring, water quality improvement and conservation, including, but not limited to, programs to prevent, monitor and/or control the infestation of aquatic invasive species; e. Enter into cooperative agreements with federal/state/local agencies to effectuate water quality programs; f. Pursue adoption of the 2017-2020 Lake Orono Management Plan by the Elk River City Council; g. Implement a comprehensive program to alleviate current ecological stressors and recreational impairment on Lake Orono, brought about by excessive aquatic invasive species, native plant overgrowth, algae proliferation, excess nutrients and sedimentation; h. Maintain, restore or establish natural upland buffers to encourage wildlife, help prevent decline in species, deter Canada geese, and provide enjoyment for future generations; i. Increase public awareness and use of Best Management Practices targeting the reduction of sedimentation, phosphorus and salt inputs from upstream and shoreline sources to Lake Orono; j. Build the public perception and "brand" of Lake Orono as a quality recreation destination, valuable community asset, and safe lake; and k. Such other programs, plans, studies or activities as may be approved by the City Council from time -to -time. 4. Authority. Pursuant to Minnesota Statute, Section 103B.551, subd. 3, the City of Elk River delegates to the OLID the authority to: a. acquire equipment, or other facilities, by gift or purchase to improve navigation; b. contract with a board of managers of a watershed district or the board of supervisors of a soil and water conservation district for improvements under chapters 103C and 10313; c. undertake research to determine the condition and development of Lake Orono and the water entering it and to transmit the results of the studies to the Pollution Control Agency and other interested authorities; d. develop and implement a comprehensive plan to reduce water pollution; e. conduct programs of water improvement and conservation; f. receive financial assistance from and participate in projects or enter into contracts with federal and state agencies for the study and treatment of pollution problems and related demonstration programs; g. make cooperative agreements with the United States or state government or other counties or cities to effectuate water and related land resource programs. 5. Financing. Funding for the OLID shall be from any combination of the following: a. Receipts of private and public donations and public or private grants. b. The OLID may request that the City Council approve one or more of the following funding sources, which approval may be granted, revoked, or modified by the City Council annually: i. Assessment of costs of projects upon the benefitted property within the district in the manner provided in Minnesota Statutes Chapter 429; and ii. Imposition of service charges on the users of OLID services; and iii. Levy of an ad valorem tax on property within the OLID, to be appropriated and expended solely in projects of special benefit to the OLID. 6. Board of Directors. The Board of Directors of the OLID shall consist of five members. The Board members must own property within the OLID and a majority of the Directors must reside within the OLID. The initial Directors will be appointed by the City Council with designated alternating terms of one, two and three years. No Director may serve more than two consecutive complete terms. Directors may be removed by two-thirds vote of the remaining Board members, or by a majority of the property owners present at the next annual meeting. A vacancy may be declared if a Director is unable or unwilling to serve, if a Director fails to attend three consecutive meetings, or if a Director no longer owns property within the district. A Director elected to fill a vacancy shall serve the remaining unexpired term. Property owners not present at the annual meeting may participate in the election of the Board of Directors by absentee ballot. Absentee ballots must be received at the office of the OLID no later than the business day prior to the date of the annual meeting. Absentee ballots received after that date shall be void. 7. Duties of the Board of Directors. The Board of Directors shall have the authority to direct the activities and programs of the OLID only to the extent such authority has been granted to the OLID in this Order. The Board of Directors may adopt rules of procedure for conducting meetings and shall maintain a public record of all meetings, reports and financial activities. Such reports and records shall be forwarded to the City at the request of the City Liaison. The Board of Directors shall coordinate the efforts of the OLID with the City, the Soil and Water Conservation District, the Elk River Watershed Association, the Department of Natural Resources, the Pollution Control Agency and other interested agencies, as applicable. a. Annual Meeting. The Board of Directors shall hold at least one annual meeting. The first annual meeting shall be held in July or August and shall continue to be held annually during that period unless changed by a vote at the previous annual meeting. Notice of the annual meeting shall be published and shall be mailed to the City of Elk River, the Department of Natural Resources and the Pollution Control Agency as required by Minn. Stat.§ 103B.571, subd. 2. b. Annual Meeting enda. In addition to other business that may be conducted at the annual meeting, the property owners who are present at the annual meeting shall: (i) elect Directors to fill any midterm vacancies; (ii) approve a budget for the fiscal year; and (iii) approve or disapprove proposed projects by the OLID having a cost to the OLID 4 of $5,000 or more. In addition, all property owners in the OLID, including absent members, shall elect Directors to fill positions created by expiring terms. c. Annual Rel)ort. Each year the Board of Directors shall prepare and file with the city a report of the financial conditions of the OLID, the status of all projects in the OLID, the business transacted by the OLID, other matters affecting the interests of the district, and a discussion of the directors' intentions for the succeeding years. Copies of the report shall be transmitted to the City Council, the Commissioner of the Department of Natural Resources, and the Pollution Control Agency no later than four months after the annual meeting. 8. City Liaison. The City of Elk River City Administrator or such other person as the City Council may designate from time -to -time, shall be the liaison between the City and the OLID and may review, on behalf of the City, the OLID's programs. The City liaison, or designee, and the Commissioner of the Department of Natural Resources, and their designees, shall be given prompt access to and inspection of all records, structures, facilities and operations of the OLID at reasonable times. The City liaison, or designee, will make an annual report to the City Council on the activities and programs of the OLID. 9. Publication and Notice. This Order shall be published in the official newspaper of the City and the effective date of establishment of the OLID shall be 30 days after publication. A copy of this Order shall be filed with the Secretary of State, the Pollution Control Agency and the Commissioner of Natural Resources. VAU n J.. ietz,t or ATTEST: ---I C Tina Allard, City Clerk Dated: I� I 1 ATTACHMENT A LID BOUNDARIES Feet 0 437 `. 875 'SL 2625 ? K") Source: Lake Orono Water Quality Committee a Date: 4-10-2019 •a Note - Enb're area Is within 733N, R26W29 a ae 4 x. A r Legend y� ® OLIO Parcels (1 a8) © Tax Exempt (10) Lake Orono Local Roads 5 4 6