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HomeMy WebLinkAbout5B - PL/SL Watershed District DATE: 5B LANOL LEICHTY, WATER RESOURCES COORDINATOR REPORT ON THE LAKE ADVISORY (LAC) COMMITTEE RESPONSIBILITIES INCLUDING RECOMMENDATION FROM THE LAC ON THE JOINT POWERS AGREEMENT WITH THE PRIOR LAKE/SPRING LAKE WATERSHED DISTRICT. OCTOBER 7, 1996 AGENDA #: PREPARED BY: SUBJECT: INTRODUCTION: Earlier this year the City Council discussed a Joint Powers Agreement with the watershed regarding milfoil. Action was deferred pending a recommendation from the Lake Advisory Committee regarding the appropriateness of entering into such an agreement. When the Lake Advisory Committee began to revise the agreement it became apparent that they should also review the future role of the LAC to adequately address the joint powers agreement issue. The purpose of this agenda item is to review two issues. Part 1) examine the LAC's future work program, and Part 2) the revised Agreement with the watershed regarding the LAC's/City's responsibilities in managing eurasian milfoil. BACKGROUND: On June 17, 1991 the City Council affirmed its work program from the Lake Review Committee Report recommendations. One of the recommendations in the work program was to form a Lake Advisory Committee. The first meeting of the LAC occurred on September 12, 1991. The LAC's direction was provided by the recommendations outlined in the report by the Lake Review Committee, "Water Resource Management - A Guide For A Balanced Future". DISCUSSION: Part 1) Over the past several years the LAC has been very aggressive initiating action towards accomplishing the recommendations outlined in the report, "Water Resource Management - A Guide For A Balanced Future". This year, after preparing the 1996 Goals and Objectives, it was discovered 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER - I that most, if not all, of the recommendations in this document have either been completed by the LAC over the past few years or that legislation has changed that renders these recommendations purposeless. The future goals of the LAC were questioned since there was no clear direction as to which way to proceed. The members of the committee feel that the group has a viable purpose, but would like more definitive direction from council. Three alternatives were proposed for the destiny of the Lake Advisory Committee as follows: 1) Produce a new set of work items to be examined by the committee in the future, 2) Serve as an ad hoc committee for the City Council and meet only as need be, or 3) Decommission the committee. Attached is a list of the future work items developed by the LAC. Part 2) At the July 15, 1996 council meeting council referred a proposed Joint Powers Agreement (JPA) with the Prior Lake/Spring Lake Watershed District back to the LAC for further recommendation. At the August LAC meeting the JP A was discussed. The LAC's position is that it is a good idea to have a formal agreement in writing between the Watershed and the City that spells out clearly the duties and functions of each party involved. The LAC also felt this agreement shows a willingness to work between the two organizations and is a positive step in the right direction. With the frequency of changes in city and watershed staff it's important to have in writing agreements that distinctly spell out obligations so that future personnel can track the history of the issue. On October 21, 1991 the Prior Lake City Council approved what was called the "1992 Eurasian Watermilfoil Action Plan". This document was a coordinated effort between private and public organization to manage eurasian milfoil. Responsibilities and functions of each party were spelled out in the document. A copy has been attached for review. The only real difference in City responsibilities between the 1992 document and the proposed Agreement with the watershed is that the City will be helping out with the inspection and administration of the treatment program. The City currently is no longer under any financial obligation for funding of treatment costs. COOPERATIVE AGREEMENT ()b BETWEEN THE CITY OF PRIOR LAKE AND THE #("~ I"- PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT "..,. CONCERNING THE CONTROL OF EURASIAN MILFOIL. THIS AGREEMENT, is made and entered into this _ day of , 1996, by the City of Prior Lake ("CITY") and the Prior Lake-Spring Lake Watershed District ("DISTRICT") for the control of Eurasian Milfoi!. RECITALS A. In 1992, the DISTRICT established Eurasian Milfoil Control PROJECT No. WD 93-1 ("PROJECT"), to control the further growth and spread of Eurasian Water Milfoil in the waters of Prior Lake, and pursuant thereto levied special assessments upon properties in the DISTRICT benefitted by the PROJECT to defray part of the PROJECT costs. (See DISTRICT Resolutions 92-132 and 92-133). B. Under the Minnesota watershed law (Chapter 103D of Minnesota Statutes), the DISTRICT is designated as the entity responsible for water resource management within the DISTRICT's boundaries. C. In addition to the DISTRICT, several other government agencies and citizens groups, including the Minnesota Department of Natural Resources, the CITY of Prior Lake and its Lake Advisory Committee, the Prior Lake Association, the Spring Lake Association, and the Prior Lake Water Ski/Yacht Club, have worked cooperatively with the DISTRICT to plan and coordinate eurasian milfoil control measures. D. Since the inception of the PROJECT in 1992, the CITY's Lake Advisory Committee has played an active role in the administration of the PROJECT by donating administrative support services to the DISTRICT. The DISTRICT has accepted this assistance and has provided funding to the CITY for its work on the PROJECT. E. The DISTRICT and CITY wish to continue to work cooperatively and in furtherance thereof desire to set forth the understanding between the parties. AGREEMENT NOW, THEREFORE, in consideration for the covenants, promise and such other good and valuable consideration, the sufficiency of which is not disputed, the parties agree as follows: 1. General PuI:Pose. The purpose of this Agreement is: (a) to acknowledge the DISTRICT's ongoing responsibility for all aspects of Eurasian Milfoi! control; (b) to recognize the past contributions of the CITY's Lake Advisory Committee; and (c) to set out the role of the CITY's Lake Advisory Committee and the role of the DISTRICT pursuant to this Agreement. -1- 2. The Eurasian Milfoil PROJECT is intended to control the spread of Eurasian Water Milfoil through a program of inspection, treatment and education. 3. The CITY authorizes, pursuant to this Agreement, its Lake Advisory Committee to administer the PROJECT. 4. The DISTRICT will allocate from its funds, the sum of ($ ) to the CITY for the administration of the PROJECT. The DISTRICT shall be fully responsible for any and all costs incurred by the CITY in furtherance of the undertakings agreed to in this Agreement. Prior to implementing the PROJECT, the CITY will provide the DISTRICT with a plan for the implementation of the PROJECT and for the proposed use of the funds. The DISTRICT through its Board of Managers, must concur in the CITY's plan for the PROJECT. The CITY shall not implement any activity in furtherance of the PROJECT until it receives the funds from the DISTRICT. 5. Cooperation Generallv. The CITY and DISTRICT agree to provide reasonable assistance and information to one another as each may have, that may be necessary or helpful in furthering the purposes of the watershed law, the PROJECT or this Agreement. 6. Term. This Agreement shall continue in effect until expressly rescinded or terminated in writing by either the CITY or the DISTRICT. In any event this Agreement will terminate no later than December 31, 1999. 7. Amendment. This Agreement may be amended by written Agreement following approval of such amendment by the Prior Lake City Council and the DISTRICT's Board of Managers. 8. Distribution of Property. In the event of a rescission or termination of this Agreement, all property or surplus monies acquired by the CITY in performance of this Agreement shall be returned to the DISTRICT. The CITY shall retain such sums as may be necessary to pay for obligations incurred prior to the rescission or termination. 9. Nature of Relationship. This Cooperative Agreement is intended to create a relationship of grantor and grantee between the CITY and DISTRICT. Any actions taken by the CITY in furtherance of the PROJECT, or pursuant to this Agreement shall not make the CITY an agent or independent contractor of the DISTRICT. 10. Liability. Pursuant to Minnesota Statute Section 466.03 Subd. 6, the CITY is undertaking administration of the PROJECT as a discretionary act. The responsibility for water resource management; including implementation of the PROJECT for which it specially assessed funds, remains with the DISTRICT. -2- IN WITNESS WHEREOF, the parties have signed this Joint Powers Agreement effective the day and year fIrst above written. PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT CITY OF PRIOR LAKE By: Its: By: Its: By: Its: By: Its: -3- DRAFT LAKE ADVISORY COMMITTEE SEPTEMBER 1996 A. LAKE REGULATION 1) Surface Water Ordinance: a) Review all aspects of the ordinance and year round usage of the lake. 2) Review lake use activities and watercraft trends: a) Look at density of watercraft on the lake, water quality, etc. b) Examine noise problems on the lake. 3) Review uses of non-vacated public (non DNR) accesses. a) Investigate status of council decisions on the Lake Access Study that was completed in September of 1994. 4) Review ordinances governing natural environment lakes. a) Examine existing ordinances B. EDUCATION 1) Public education of water quality, lake issues, etc. a) Develop brochures, articles and information that educates the public regarding water quality issues. 2) Look at developing a phosphorous free fertilizer ordinance. a) Use the City of Plymouth's ordinance as model for review and feasibility purposes. C. WATER QUALITY 1) Look at implementing a contractor certification program for proper erosion control techniques. a) Use the City of Chattanooga's certification course as a model for review and feasibility purposes. 2) Look at the possibility of retrofitting existing catch basins around the lake with sump basins. a) Research the feasibility of doing this in regards to costs, effectiveness, etc. 1992 EURASIAN WATERMILFOIL ACfION PLAN ,.g"".2 -( .J''';'~ .""",'lfoll (1l1vltrIUOl\ ,ontrlblJttd Dr t,.. M,n1'''C~' o.~.'t,.".nl Of NI''''''' -..o""e.I). 1992 EURASIAN WATERMILFOIL ACTION PLAN Program Designed to Manage Eurasian Milfoll Infestation In Prior Lake The introduction of Eurasian Milfoil into the waters of Prior Lake is a vel}' serious problem. It has the potential to destroy the recreational value of the lake, reduce the value of property and negatively impact the water quality. The unknown impact on the property tax base and recreational use of the lake makes the milfoil problem one of the most serious problems the lake has faced to date. The intent of this Action Plan is to present a coordinated and aggressive campaign incorpo- rating activities of the citizens and affected jurisdictions within the community of Prior Lake. A well managed and cohesive plan involving all members of the community can minimize the potential impact of the Eurasian Milfoil infestation. Lake Minnetonka serves as an example of what can happen if an organized strategy is not in place to manage Eurasian Milfoil at an early stage. Fortunately, for Prior Lake, a positive example of Eurasian Milfoil management can be studied in Bald Eagle Lake north of the Twin Cities. The first confirmed DNR sighting of Eurasian Milfoil occurred in the summer of 1991. The DNR (acting in concert with local lake officials and the Watershed District) treated the initial sightings with chemicals (2-4 0 compound). The City of Prior Lake, the Watershed District and the DNR agreed to fund the lake treatments on an equal share basis in 1991. (Estimated number of acres treated: 33; estimated 1991 overall treatment costs $6000 - $7500.) It is a fact that a well planned strategy to address Eurasian Milfoil on Prior Lake for the 1992 growing season (April through September) is essential to a successful early identification, education and treat- ment program. The essence of the 1992 Action Plan describes the responsibilities and functions of the com- munity and its public and private organizations. The various actions to manage Eurasian Milfoil include searching, confirmed sightings, management and treatment, marking infested areas, public information and education and coordinated inspections. This aggressive plan will cer- tainly require a combined effort from all sections of our community. ACTION PlAN 1. Search/lnspectlon/Treatment This effort will be coordinated by the Prior Lake/Spring Lake Watershed District office (pLjSLWD). The goal will be to search the entire 21 miles of lakeshore bi-weekly from April until October. A Search Coordinator will be identified and will function through the Watershed District office. A map will be maintained by the Search Coordinator with specific assignments, reports and sightings individually recorded. Searching and Inspections will be carried out by volunteer "Eurasian Milfoil Specialists". These specialists will be managed by the Search Coordinator and will include volunteers organized by the Lake Association, individual home owners and any other interested citizens. A launch ramp inspection program will be undertaken and managed by the Search Coordinator. Periodic in- spections of boats and trailers at public accesses will be carried out by the Eurasian MilfoU Specialists through the effortS of volunteers and other interested citizens. When the Eurasian Milfoil plant is identified in a certain area, the Search Coordinator will be dispatched to confirm the sighting. Upon confirmation, the Coordinator will immediately mark the area with buoys. The DNR in conjunction with the Search Coordinator, will make decisions on treatment and proceed accordingly. Following the initial treatment, the area will remain marked with the buoys, and regular inspections conducted. The Search Coordinator will make monthly reports to the participating jurisdictions on the activities, expenses and actions taken in the work to combat the spread of the plant. 2. Public Information and Education Program The Public Infonnation and Education Program will be coordinated by the City of Prior Lake. Signs will be posted adjacent to the public launch ramps on City property. (The DNR does not allow non-DNR individual or City signs at their launch facilities.) The owners of private launch ramps will be asked by the Search Coordinator to assist in the education effort by providing signs at their own expense. Signs will alert lake users to the perils of the plant, and to ask them to avoid Eurasian Milfoil infested areas marked by buoys. The City of Prior Lake will be responsible for coordinating newspaper anicles and informational activities with the Prior Lake American. Notices and advertisements shall be placed and used during the peak lake use season. One annual mailing to all lakeshore residents informing them of the Eurasian Milfoil Action Plan will be conducted. Infonnational flyers will be prepared and distributed to local businesses and service organizations. A speaker's bureau will be maintained for informational discussions with various groups and meetings. The City of Prior Lake will consider the adoption of a lake use ordinance which will prohibit boats from entering an Eurasian Mitfoil infested area. The Lake Advisory Committee will be asked to review and make a recommendation on the Ordinance and study Eurasian MUroil issues. ~,__."~"____._",,,~"____~,,"""----"~"""~-''''''-''''"""M_''''''_-''''~~~''''''"'...--..~."""_~..,,~.,,",,,~~._. 3. Overview The foDowing describes each entity involved in the Eurasian MllCoU Action Plan and their appropriate responsibility. Department of Natural Resources (DNR): Overall supervision of the Eurasian MuroU Program to insure effective and environmentally sound treatment procedures are followed. The DNR staff wiD be used as a technical source for information, education and management. Eurasian MllfoD treatment will be the key DNR responsibWty. The Action Plan wiD include the DNRlIs participation in one-third of the anticipated treatment costs. Prior Lake/Sprine Lake Watershed District (PL/SLWD): The District , will be responsible for the Search and Inspection program and assist in the treat- ment phase of the plan. The Search Coordinator and Eurasian MilfoU Specialists will be selected by the PL/SLWD. The PL/SLWD will fund one-third of the an- ticipated treatment costs. City of Prior Lake: Responsible for the public information and education pro- gram. The City will consider providing supporting ordinances and information in an effort to educate the citizens and lake users. The City will fund one-third of the 3.J1ticipated treatment costs. Prior Lake Association: Provide trained Search and Inspection teams to sup- . port the Search Coordinator and Eurasian Milfoil Specialists and assist with the . public information program as requested. Spring Lake Association: Provide trained Search and Inspection teams to support the Search Coordinator and Eurasian MilCoil Specialists and assist with the public information program as requested. Prior Lake Water Ski Club/Yacht Club: Provide trained Search and In- spection teams to support the Search Coordinator and Eurasian Mllfoil Specialists and assist with the public information program as requested. 4. 1992 Proposed Budeet (Costs are esttmates only): Resoonsibility Jurisdiction Cost Treatments $250/acre: 100 acres City/PL/SLWD/DNR* $25,000 Public Infonnation and Education City 2,500 Search Coordinator and Eurasian Milfoil Specialists PL/SLWO** 10,000 Total $37,500 * If the DNR does not share In the treatment expenses, the cost will be split between the PL/SLWD and the City. ** The PL/SLWD has already committed $22,000 for Eurasian MilfoU expenses In 1992. Minutes of the Prior Lake City Council -October 21, 1991 1 1 The next order of business waa:'considerSeC:oDd.. .~oraft:. of Eurasian watermilroil Action Plan. CityJlanaqerUm.ach1:reviaed hiqhliqhts of the Plan with _ reqard ,.c.t:o .st:i.at:ed~cost: for treatment, hirinq of a part time Search c:oord!nator _ --'(to _ be manaqed by the Watershed Board) and City'S role in-an education and information program. A short discuss on occurred on milfo!l infestation. 1992 THE 1992 ~-. .~ " J.on. - .. and MOTiON - MADE BY LARSON, SECONDED BY WHITE, TO APPROVE . EURASiAN WATERMILFOIL ACTION PLAH PORH 1992.' MOT:rON MADE BY LARSON, SECONDED BY WHrrE, TO APPROVE A BODGET /3udg.U. ._~. AMOUNT OF $15,000 TOWARD CONTROLLING EURASIAN MILFOIL OR PRiOR to ',;;;~ !N 1992. ~ '.:.::'Upon. a vote'bken, ayes by Andren, Pi1:zqerald, Larson, and White, 'P-lDn. . .: the)Dotion passed unanimously. T~~ics disCusS~d under other Business were as roll~: .. . "JOM ~d~fsiin, .165!h;'FilliIi11'Tr~ii~;ipoki'jqi;in8f.. the8Wrof~.i . constrU~tion of a bikinq/hikinq trail,:on .;"~~e",:".a8t~:~sid~:.of H~~".:.:'}'" . Franklin..'~rail.Mr.Anderson .:suqqested<"the .trailbe pro~8edT.1iaU. .:.}r':~~; on the' 'west . side 'instead .,' . City' ..~Xariaqer ,....UrimiCht <..8xplained FiUin.k.Liii';~. the process'.'in de1:erminincjwhen _:cons1:rUC1:ion ..of.t:rail.:-:~\would TNiU.. . "';-/f A '"':'; 'be implemen1:ed. :':Mayor~'Aildr.n :.1:at.d3~~:~tha~~;)an>(in~oriul€ional. :";:';:, ~ ,;,,~:~,:,\: meetinq':;'would ~be'"held'-.':~()r".the:"'purpo.fe:~o-~'':recel vinq"::input: '<~r01l ....:.;...:':~~.~ '~::'_ the public on ~~~.~,~~~e~".>. . ..... .... .. ';"" .. ': -. ..... ,.\, .""r"' City MaJi'aqer Unmacht sta1:ed t.hat .a .TransportationAlliarice Meetinq would :.be :'held "-on November 1, 'and .that anyone intereste~,ln.att~~~9.,.h()Uld no~HY.Dee Bir.~h.. .. '-- A short discUssion :'.ocCi.ri:J:id. with reqard..to .th...l:atusof.....'the i~~i~:n:t~ ~:~.:u~~~~~/~~ge; \~~~t.. ..~~t ..:::~~~~~~~:~]c,~1:~~~\\~~~~i;~iJ -ECONOMIC :.DEVELOPMENT.AUTHORl:TY~S;DECISIOR..~TO,:BX'.rBRD~~~.Bn~V~.xDc~'S'do_'w, .:. -;" ~~~.".~3i ....;~W~~l~sio~~:g,~~~~=~1e~~~ .: ~ D~:~<I~ .~~..~:'.'.~~':;;~~'.:~~._~: .~~, ~~,:r{~'?r.;-~~;{l.' ~.i;::::.r.;'-.~~,~~~?~{t;~~:~r:~fI~~~2~~~~ up~~: .~\~~t~;:tik~~';'ta~~s-~\:;y: 'Ari~~}~' '~:pIt'i;j~;id:' :~, ~::~~Iii;~1~~hd i!~~ij .. . White, ''the )iiotion passed ~uiianilaow.'lY .' ',. ,'" . -., -. .,,<,~,. ., '~",i?1 199~ att~t~O;;':.2x.1I .~:~~;:?: :~.::;. , . -:' :~ . - f ;,........~~~,.i~.;:,"t~~'1:1 Upon a vote taken, .' ayes by Andren, .White, the motion passed unanimously. Pitzqerald, Larson, . ..' '", . '. . , ";. .',' - l ~~ -," ..', .',The neXt Councl1meetinq wiil be'Monday ~ NOvember 4, /~..~.".:.:.p. m. '''~_!':::L:>..:i.' :, ',.:\., ~~~ <(I""I~ -';~-:"~ ,{ ~~' a:.t~: .:'1""- :::i~'~~ . "~p' ..~ .... :!