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HomeMy WebLinkAbout7A - Eurasian Water Milfoil .',\ CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT ;~ BOYLES, CITY MANAG~~ CONSIDER APPROVAL OF OOPERATIVE AGREEMENT WITH PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT FOR CONTROL OF EURASIAN WATER MILFOIL. JULY 15, 1996 The City Council, at their June 17 meeting, deferred further discussion of the proposed Joint Powers Agreement and directed the staff to provide an amended version for further Council consideration. The purpose of this agenda item is to have the Council determine whether it wishes to take any action whatsoever on the Joint Powers Agreement. The Joint Powers Agreement was proposed earlier this year by the Prior Lake-Spring Lake Watershed District and their Attorney as a means of formalizing the relationship between the City, its Lake Advisory Committee, and the Watershed District with respect to Milfoil control efforts. Prior to this year, the City's Lake Advisory Committee has provided Eurasian Milfoil Control administration and educational services without the benefit of such an agreement. The Watershed District's apparent motivation for the agreement was to assure that the District would be protected from an insurance perspective and because their Attorney advised them that this was the appropriate legal document to use. At the joint Lake Advisory/City Council meeting, the Council reviewed a draft agreement and concluded that under the terms of that agreement, it was. not interested in pursuing a Joint Powers Agreement with Watershed. I communicated this conclusion to the Watershed. Subsequently, Dave Moran and I discussed the proposed 715967ADOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . ; Joint Powers Agreement. That was the first time I learned of the Board's insurance concerns. I felt that this new information might change the Council's perspective regarding the Joint Powers Agreement, particularly if paragraphs could be revised so that there was no appearance that the City was taking on a new permanent responsibility which is the Watershed's by statute. Accordingly, I prepared a letter to Mr. Moran, which outlined the changes that I believe were necessary in the Joint Powers Agreement to clarify the City's role as temporary. The letter together with the old Joint Powers Agreement were included in an Update Memorandum for Council review with a request that Councilmembers advise us whether I should send the letter. I sent the letter together with the old Joint Powers Agreement to Dave Moran indicating that if they wished to pursue the Joint Powers Agreement further that these amendments would be necessary. The Watershed District voted to approve the Joint Powers Agreement with the changes I made. The City Council then discussed the issue at the June 17th meeting and expressed concern primarily about Paragraph 8, which indicated that the City would provide insurance for the Watershed for any liability arising out of Joint Power Agreement responsibilities. The City Attorney then proposed a new Paragraph 8, which indicated that the City would indemnify the District against any claims, courses of action, or other proceedings initiated against the District relating to the obligations of the City or the District arising out of the Agreement. The District reviewed this language and asked that the word "defend" be added before the word "indemnify" . ISSUES: The addition of the word "defend" places the City back in the role of providing insurance to the Watershed District. This provision was not supported by some members of the Council at the June 17th meeting. Some Councilmembers believed that no Joint Powers Agreement should be entered into regardless of the amendments contemplated. 715967ADOC ALTERNATIVES: 1. Approve the Joint Powers Agreement as recommended by the Watershed. This would include the addition of the two underscored words, one in Paragraph E of the Recitals and the other in Paragraph 8 of the Agreement. 2. Approve the Joint Powers Agreement excluding the two underscored words which were proposed as additions by the Watershed Board. 3. Take no action, and in doing so, continue with the existing relationship between the City Lake Advisory Committee and the Watershed District with respect to Eurasian Milfoil control efforts. RECOMMENDATION: If the Council is to approve the Joint Powers Agreement, it should do so without the word "defend" if the Council does not wish to provide insurance coverage 'to the Watershed. Continuation of the existing relationship without the benefit of a Joint Powers Agreement is also a viable option. Dave Moran, President of the City Watershed District will be present at the City Council meeting to make a presentation regarding the Joint Powers Agreement and answer any questions Councilmembers have. Attached is a copy of the Joint Powers Agreement reflecting staff and Watershed proposed revisions. ACTION REQUIRED: A motion and second to approve the agreement or to continue with the existing informal relationship between the City and Watershed with respect to Eurasian'Milioil control. Attachment. 715967ADOC JOINT POWERS AGREEMENT This Joint Power Agreemen4 effective this _ day of ~ 1996~ is between the Prior Lake-Spring Lake Watershed District (the District) and the City of Prior Lake (the City), pursuant to the authority of lVlinnesota Statutes Section 471.59. RECITALS A. The Distric~ by Resolutions 92-132 and 92-133 duly adopted by its Board of Managers following a public hearing on November 10, 1992, established its Eurasian Milfoil Control Project No. WD 93-1, to control the further growth and spread of Eurasian Water MilfoH in the waters of Prior Lake, and pursuant thereto levied special assessments upon properties in the District benefited by the project, to defray part of the project costs. B. Several other government agencies and citizens groups, including the 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 ClublYacht Club, have worked together and with the District in planning and coordinating milfoil control measures. C. Under the lVlinnesota watershed law (Chapter 1030 of Ntinnesota Statutes), the District is designated as the body responsible for water resource management within the District's boundaries. D. In the course of implementing the project since its inception in 1992, the City's Lake Advisory Committee has temporarily assumed a more active role in completing the administration of the milfoil project. The District has accepted this temporary assistance and has provided funding for this project through its assessment to the District taxpayers. E. The District and the City agree that the Lake Advisory Committee will temporarily provide .~ in kind services for the administration and education portion of the milfoil project so long as the District provides adequate funding and the City determines the administration and education portion of the project continues to be cost effective. AGREEMENT Based on the foregoing recitals, the parties make the following Joint Powers Agreement under Minnesota Statutes ~ 471.59. 1. General Purpose. The general purposes of this agreement are: (a) The general purpose of this agreement is to acknowledge the District's ongoing primary responsibility for all aspects of Eurasian Milfoil control; (b) Due to Watershed staffing limitations, to temporarily designate the City's Lake Advisory Committee to serve the role of staff in this effort, subject to Watershed funding; (c), Identify that the program includes inspection, managing Eurasian Milfoil and education. 2. Contribution and Disbursement of Funds. The District agrees to pay, out of its project funds, the costs incurred by the City for continuing inspection, treatment and removal of Eurasian Water Milfoil, as and when such costs are incurred by the City acting through its Lake Advisory Committee. The City is authorized to direct providers of services, equipment or materials for the project to invoice Q:\LACJPAGREE,OOC rev 6/26/96 the District directly for such costs, not to exceed in total the amount held by the District in its project fund from special assessments previously collected. 3. Accountini for Contributions of District. The City will provide to the Distric~ when practicable, statements of estimated and actual costs it proposes to incur for the projec~ for which District funds are to be used. The District will, upon reasonable reques~ apprise the City of funds remaining on hand for the project from time to time. 4. Cooperation Generally. The parties agree to provide reasonable assistance and such information as they may have, upon request of one to the other, that may be necessary or helpful in furthering the purposes of the watershed law or this agreement. 5. Thrm. This agreement shall continue to be effective until expressly rescinded or terminated by either of the parties by the party intending to rescind and terminate this agreement by written notice thereof, for reasons including but not limited to lack of sufficient funds provided by the District to the City. In any event this Agreement will tenninate no later than December 31, 1999. 6. Amendment. This agreement may be amended only in writing signed on behalf of each of the parties, following approval of such amendment by the Prior Lake City Council and the District's board of managers. 7. Distribution of Property. In the event of rescission or termination of this agreemen~ all property or surplus monies acquired in performance of this agreement shall be returned to the contributing parties in proportion to their contributions after the purpose of the agreement has been completed. y 8. Indemnification. Subject to the liability limits set forth in ~linnesota Statutes Chapter 466, the City shall defend.. indemnify and hold the District harmless against any claims, causes of action or other proceedings .initiated against the District relating to the obligations of the City or the District arising out of or under this Agreement. 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 By Its Board of Managers CITY OF PRIOR LAKE By By Its Its and and Its Its G.\LAC\JPAGR.EE.COC rev 6126196