RES 20-34City of Elk River
City Council
Resolution 20- 34
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.
PorF8E1 I
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 Daawdown of Public Waters Permit
request be submitted for the temporary drawdown of Lake Orono for the purpose
of the LORE project.
Passed and adopted this 15`' day of June 2020.
J J. etz, yor
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Tina Allard, City Clerk
NATUR
EXHIBIT B
CONDITIONS OF APPROVAL
1. All conditions of approval for the associated Conditional Use Permit and Preliminary Plat must
be satisfied prior to releasing the plat for recording.
2. A Development Agreement be prepared and executed outlining the terms and conditions of the
plat approval prior to releasing the plat for recording.
3. Water Availability Charge shall be paid in the amount required by the city at the time the Final
Plat is released for recording.
4. Park Dedication fee shall be paid in the amount required by the city at the time the Final Plat is
released for recording.
5. Staff approval of all site, landscaping, engineering, and stormwater plans.
6. Streetlights shall be installed as required by Elk River Utilities.
7. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public
improvements.
8. Upon completing all public improvements and having them accepted by the city, a security or
warranty in a form acceptable to the public works director must be secured.
9. A development plan shall be approved by the city engineer prior to the issuance of building
permits.
10. All mailboxes shall be clustered.
11. Any item or condition found that indicates the site is likely to yield information important to
pre -history or history shall be reported to the city immediately. Further, the city reserves the
right to stop work authorized in its approval until the site is appropriately investigated and work
is authorized.
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