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10.2 SR 10-03-2022Request for Action To Item Number Mayor and City Council 10.2 Agenda Section Meeting Date Prepared by Work Session October 3, 2022 Suzanne Fischer, Environmental/ Special Projects Director Item Description Reviewed by Lake Orono Aquatic Plant Control Patrick Plant, OLID Chair Reviewed by Cal Portner, City Administrator Action Requested Discussion. Background/Discussion Under Minnesota law, aquatic plants growing in public waters are the property of the state. Because of their value to the lake ecosystem, they may not be destroyed or transplanted unless authorized by the DNR Commissioner as stipulated in the Aquatic Plant Management Rules. Some aquatic plants are not native and may cause problems as can the overgrowth of native plants. Control of aquatic plants may be done to reduce interference with boating or swimming, to reduce the risk of spread of invasive species to uninfested waterbodies, or in some situations, to attempt to produce ecological benefits such as increases in other desirable native plants and to improve water quality. MN Statute 103G.625 states the governing body of a municipality or town may expend funds for the control or destruction of harmful or undesirable aquatic vegetation or organisms (e.g., Zebra mussels) in public waters and may cooperate with other governing bodies and landowners in the control or destruction. In June of 2022, 36 acres of the lake was successfully treated for control of non-native Curly -leaf pondweed. In recent years, there has been a noticeable increase in native Water Stargrass (Heteranthera dubia), a submersed grass -like plant. Following are the Water Stargrass finding results from all lake Point -Intercept Surveys: • July 26, 2017 = 23 points (low density) • July 21, 2018 = 35 points (low density) • July 25, 2019 = 45 points (low density) Financial Impact N/A Mission/Policy/Goal Water Quality Protection. Attachments • July 21, 2020 = 61 points (moderate density) • July 22, 2021 = 80 points (moderate density) • July 19, 2022 = 93 points (high density) MN Statute 103G.625 - Municipal Control of Aquatic Vegetation & Organisms Lake Management Plan (2023 budget) The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.• August 2020 MINNESOTA STATUTES 2021 103G.625 103G.625 MUNICIPAL CONTROL OF AQUATIC VEGETATION AND ORGANISMS. Subdivision 1. Authority. The governing body of a municipality or town may expend funds for the control or destruction of harmful or undesirable aquatic vegetation or organisms in public waters and may cooperate with other governing bodies and landowners in the control or destruction. Subd. 2. Permit required. The control or destruction of the aquatic vegetation or organisms may not be started unless a permit has been obtained from the commissioner under section 103G.615 and the work is done in accordance with the terms and conditions of the permit. Subd. 3. Funding. (a) The governing body of a municipality or town may use any available funds and may levy a tax on all taxable property in the municipality or town to implement this section. (b) To provide funds in advance of collection of the tax levies, the governing body may, at any time after the tax has been levied and certified to the county auditor for collection, issue certificates of indebtedness in anticipation of the collection and payment of the tax. The total amount of the certificates, including principal and interest, may not exceed 90 percent of the amount of the levy and must become payable from the proceeds of the levy not later than two years from the date of issuance. The certificates shall be issued on terms and conditions as the governing body may determine and sold as provided in section 475.60. (c) If the governing body determines that an emergency exists, it may make appropriations from the proceeds of the certificates for authorized purposes without complying with statutory or charter provisions requiring that expenditures be based on a prior budget authorization or other budgeting requirement. (d) The proceeds of a tax levied or an issue of certificates of indebtedness must be deposited in a separate fund and expended only for purposes authorized by this section. If a disbursement is not made from the fund for a period of five years, money remaining in the fund may be transferred to the general fund. History: 1990 c 391 art 7 s 65; 1994 c 505 art 3 s 3 Official Publication of the State of Minnesota Revisor of Statutes A B C D E F G H I J K L M N J. 2021-2025 Lake Orono Management Plan Budget draft 8-22-22 (Note: does not include costing the 1,000s of hours OLID volunteers,City& SWCD staff spent authoring the lake management plan, writing grants, filing DNR permits, project bidding, meetings, etc.) Orono Lake Individual Other Grants State General Estimated City - Cash SWCD-Cash SWCD -AIS Improvement OUD -In-kind Property or Cash In -kind Obligation City-wide City-wide Special 54 2023 Expenditures and Activities (draft) Expense Contribution Contribution Grant District (OLID) Contribution Owners Contributions Bonds Levy Sales Tax Assessment Balance 55 Review annual sediment deposit rate data (approx. 8,000 CY since 2011, 6,400 to 6,900 CY prior) ($562) $562I $0 56 Develop LORE sediment catch basin monitoring and removal plans TBD TBD 57 Pursue Minn. Statute 103G.625 fund control of harmful or undesirable aquatic vegetation and organisms TBD TBD TBD TBD 58 Lake vegetation management planning (LVMP) support (OLID carry forward from 2022) ($1,231) $1,231 $0 59 Chemical testing (total phosphorus and chlorophyll -a ) ($1,001) $505 $496 $0 60 MPCA Citizen Lake Monitoring Program (seasonal lake health & ice reporting) ($500) $500 $0 61 E-coli Coliform Contaminant Testing ($1,500) $1,500 $0 62 TMDL Water Quality Testing ($1,161) $1,161 $0 63 Add Zooplankton testing to determine sources of reduced Lower Lake Orono water quality $3,580 to $8,160 TBD 64 Continue LOWQC organized Aquatic Plant Herbicide Treatments of individual shorelines (contract/DIY) ($9,152) $352 $8,800 $0 65 Aquatic Plant Point -Intercept Surveys (May and July) and Curly -leaf Pondweed (CLP) Deliniation ($3,240) $405.00 $2,430 $405.00 $0 66 Curly -leaf Pondweed (CLP) Public Waters Control up to 55 acres* ($25,575) $333 $13,069 $5,250 -$6,923 67 Eurasian Watermilfoil (EWM) Public Waters Control from 0 to 14.7 acres* ($6,667) $333 $2,000 $4,333 _ $0 68 Explore added funding for AIS, undesirable native plant overgrowth, and algae management $0 $0 69 Zebra Mussel eDNA Testing and Veliger Sampling ($717) $581 $137 $0 70 Increased WaterGuards Boat landing Inspections from 150 hours (50%from previous years) ($1,500) $1,500 $0 71 AIS Grant for Volunteer Boat landing Inspections (potentially pursue in 2023) TBD $500 to $1,200 TBD 72 Zebra Mussel Monitoring and Control TBD TBD 73 Investigate AIS Decontamination or Cleaning Equipment for Public Boat Landing $2,000 to $35,000 TBD 74 Fisheries Survey, Preservation and/or Stocking (use for preservation or future stocking) ($2,400) $2,400 $0 75 Investigate possible Carp Reduction Program for Improved Water Quality TBD TBD 76 Lake & Waterways Education, Communication & Brand Promotion** ($82,619) $81,038 $513 $1,068 $0 77 Totals -$137,824 $4,589 $83,681 $4,430 $21,951 $2,201 $8,800 $5,250 $0 $0 $0 $0 -$6,923 78 Shaded cells indicate the most likely options for funding sources (need to calculate and add current other ongoing City activities). 79 *Range of treatment acreage needs to be broad until confirmed by new point -intercept surveys. 8_0_ **Lake & Waterways Education, Communication & Brand Promotion via presentations, events, websites, Facebook, newsletters, a -news, email, US mail. Orono Lake Individual Other Grant or State General City-wide Estimated City - Cash SWCD-Cash SWCD-AIS Improvement OLID -In-kind Property Cash In -kind Obligation City Levy/Sales Special 82 Long-term Expenditures and Activities (target 2028 or 2046)**** Expense Contribution Contribution Grant District (OLID) Contribution Owners Contributions Bonds Bonding Tax Assessment Balance 83 2028 Lake Orono Restoration and Enhancement (LORE) - Maintenance Project (1/3rd scope, %3) ($1,547,601) -$1,547,601 84 2046 Lake Orono Restoration and Enhancement (LORE) - Major Project (3% inflation, 25 years) ($6,850,187) -$6,850,187 Totals ($8,397,788) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0-$8,397,788 Shaded cells indicate the most likely options for funding sources (need to calculate and add current other ongoing City activities). ****Funds built over 20 to 30 years (alternate plan is periodic maintenance of sediment every 5 to 8 years, so it doesn't get out of control and another major project is avoided).