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7.1. SR 06-15-2020 Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings June 15, 2020 Amanda Erickson, Environmental Coordinator Item Description Reviewed by Lake Orono Drawdown Permit Requirement Per Peter Beck, City Attorney Minn. Stat. §§ 103G.408 Brandon Wisner, Stormwater Coordinator Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, a resolution establishing: 1. The City Council finds that the temporary drawdown of Lake Orono is necessary to facilitate the LORE project and that the temporary drawdown and the LORE project are beneficial to the city and in the public interest. 2. The City Council directs that a Temporary Drawdown of Public Waters Permit request be submitted for the temporary drawdown of Lake Orono for the purpose of the LORE project. Background/Discussion Lake Orono is located entirely in the City of Elk River and is a shallow 300-acre lake that captures 611-square- miles of watershed. Over time, sediment has accumulated causing negative impacts on the aquatic health and navigation. The LORE project plans to remove approximately 125,000 cubic yards of sediment material to help improve the overall quality, health and recreational value of the lake. In 1998, Lake Orono was drawn down and sediment was dredged. At that time, it was expected dredging would need to be done again in approximately 20 years. During the June 1, 2020, City Council meeting, Council reviewed the LORE Project Feasibility Report and approved moving the project forward. They found the project is consistent with city goals, is necessary and feasible to improve Lake Orono and is a cost-effective means of financing the improvements. The LORE project requires Lake Orono be temporarily drawn down so dredging can proceed in the most cost effective and efficient manner. Minnesota Statues, Section 103G.408, Temporary Drawdown of Public Waters, requires a Public-Waters-Work Permit be obtained from the Department of Natural Resources and the applicant (the city) obtain permission for the drawdown from at least 75% of riparian landowners. Pursuant to DNR direction, approval was obtained via a postcard mailed to each riparian property advising residents on how they could opt-out of the drawdown. Residents were given over 30 days to opt out via mail, email or by phone call. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Minnesota Statues, Section 103G.408, also requires the applicant to conduct a public hearing on the proposed drawdown. Public comments received before the meeting have been attached. At the conclusion of the public hearing, the attached resolution directing staff to proceed with the application for a public waters permit should be adopted to keep the LORE project moving forward. Financial Impact  Associated permit fees as part of the overall LORE budget Attachments  LORE Drawdown Postcard sent to residents  LORE Drawdown Resolution  Public Comments received before the meeting Lake Orono Restoration and Enhancement LORE Lake Orono is a valuable amenity for you as a lakeshore property owner and a great asset for our entire community. The City of Elk River is continuing preparations for the Lake Orono Restoration and Enhancement (LORE) project. The goal of the LORE is to remove sediment from Lake Orono that has built up since the lake was last dredged in 1998 for improved navigation, water quality and overall outdoor recreational experience for everyone. Currently, we are working on design plans, permitting requirements and project management to complete the dredging during the winter months in 2020-21. Before dredging can begin, a temporary drawdown of the lake is necessary which requires a permit from the Department of Natural Resources. We propose to complete the drawdown process by mid-September of 2020 and return the lake to normal levels by the spring of 2021. The lake will be lowered approximately four feet, and in an effort to reduce invasive plants, seed bank material will be excavated and exposed to freezing during the winter months. You have a right to respond to this proposal. For details, see the back of this postcard. For more information visit ElkRiverMN.gov/LORE. Dear Lake Orono Lakeshore Resident: Lake Orono Restoration and Enhancement (LORE) Pursuant to the requirements of Minn. Stat. §103G.408: You may respond to this proposed action: If you support the drawdown, no further action is required. If you have objections to the temporary drawdown contact: Brandon Wisner 763.635.1054 LORE@ElkRiverMN.gov Objections must be received by 8:00 a.m. on May 11, 2020, and contain your parcel ID or address and phone number. By not responding before May 11, 2020, you are agreeing the drawdown project can proceed as planned. Elk River City Hall 13065 Orono Parkway Elk River, MN 55330 City of Elk River City Council Resolution 20-____ A Resolution of the City Council of the City of Elk River Approving a Permit Application for the Drawdown of Lake Orono WHEREAS, Minnesota Statutes, Section 103G.408, Temporary Drawdown of Public Waters requires that a public hearing be held for the temporary drawdown of public waters including Lake Orono; and WHEREAS, the City of Elk River Minnesota (the “City”) is home to Lake Orono, a shallow 300-acre lake that captures runoff from a large watershed which has accumulated sediment over many years; and WHEREAS, the City designed plans for the Lake Orono Restoration and Enhancement (“LORE”) project with the goal of removing accumulated sediment and improving the overall aquatic health, wildlife habitat and recreational value of the lake; and WHEREAS, the City has secured funding for the LORE project utilizing Minnesota grant funds, local option sales tax, city funds and special assessments to benefiting lakeshore property owners; and WHEREAS, the LORE project has been designed to meet the needs of stakeholders to a maximum reasonable extent taking into account funding, permitting, and other project related considerations; and WHEREAS, on June 1, 2020 the City Council reviewed the LORE Feasibility Report and found that the LORE project goals are consistent with the goals of the City, that the LORE project is necessary and feasible for the overall benefit of Lake Orono, and that the funding for the LORE project is a cost-effective means of financing the project; and WHEREAS, the LORE project requires Lake Orono to be drawn down to allow for construction and sediment removal in the most cost effective way and as approved by the regulatory agencies overseeing the project; and WHEREAS, the City has obtained permission for the drawdown from at least 75% of riparian land owners as required by Minnesota Statutes, Section 103G.408; and WHEREAS, on June 15, 2020 the City conducted a public hearing on the drawdown pursuant to the requirements of Minnesota Statutes, section 103G.408. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. The City Council finds that the temporary drawdown of Lake Orono is necessary to facilitate the LORE project and that the temporary drawdown and the LORE project are beneficial to the city and in the public interest. 2. The City Council directs that a Temporary Drawdown of Public Waters Permit request be submitted for the temporary drawdown of Lake Orono for the purpose of the LORE project. th Passed and adopted this 15 day of June 2020. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk From:Lore To:Wisner, Brandon;Erickson, Amanda Subject:FW: \[EXTERNAL\] Drawdown Date:Monday, June 8, 2020 10:17:59 PM From: David Halgren Sent: Monday, June 8, 2020 10:17:46 PM (UTC-06:00) Central Time (US & Canada) To: Lore Cc: Judy Halgren; Patrick Plant; David Halgren Subject: \[EXTERNAL\] Drawdown 6/8/20 Good evening Brandon, My wife Judy and I have lived on Lake Orono since building our house on the Lake in 1975. We have belonged and participated in the LOIA since our move in. We lived here when the dam was removed and also during the last dredging. We realize the value of a viable Lake Orono, not only for our property value, but for the good the Elk River Area as a whole. We do understand, that as lake owners, we will be expected to pay our fair share of the project. We are in complete agreement with the proposed September upcoming drawdown and the new dredging project. Judy and Dave Halgren 13492 Island View Dr. Elk river, MN 55330 Speculate, Calculate, Actuate Lake Orono Drawdown History 43–guidance. Total no votes received until May 6 to reply. Each property given one vote per DNR March 2020: Postcard mailed to 186 parcels on March 30 and given out process-from OLID Board with optDiscussion during meeting about the process and next steps, support out direct mail petition. -approval from DNR Commissioner or optFebruary 3, 2020: Council resolution to pursue direct drawdown for permitCommission Strommen, local DNR felt 75% support was necessary August 2019: first letter sent for direct approval for drawdown to  Next Steps Consider Resolution Public HearingQuestions or Comments?