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HomeMy WebLinkAboutFebruary 18, 1992HERITAGE COMMUNITY 1891 1991 REGULAR COUNCIL MEETING AGENDA Tuesday, February 18, 1992 CALL TO ORDER 1. 2. 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting and Special Meeting Consent Agenda: a) b) c) d) e) f) g) h) Consider Approval of Invoices To Be Paid Consider Approval of Animal Warden Report Consider Approval of Building Report Consider Approval of Fire and Rescue Report Consider Approval of Resolution 92-07 on the Appointment for the Sand Creek WMO Commissioner Position Consider Approval of Economic Development Committee Appointment for Dean Sutliff Consider Approval of Treasurer's Report Consider Approval of Resolution 92-08 - Resolution Urging Legislative Action on the Local Government Trust Fund 4. Second Consideration of Ordinance 92-01 - Eurasian Watermilfoil 5. Consider Collector Street Fee Proposal 6. Consider Approval of City Council Workshop Executive Summary Report 7. Present Information on Redistricting Local Precinct Boundaries 8. Other Business a) AMM Legislative Reception: Wednesday, February 19, 4:30 to 6:30 p.m. b) *Ail times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. 4629 Dako~lm St. S.E., P~ior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 HERITAGE COMMUNITY 1891 1991 REGULAR COUNCIL MEETING AGENDA REPORT Tuesday, February 18, 1992 CALL TO ORDER 1. 2. 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting and Special Meeting - see attached. Consent Agenda: a) Consider Approval of Invoices To see attached. Be Paid b) Consider Approval of Animal Warden Report see attached. c) Consider Approval of Building Report attached. - see d) Consider Approval of Fire and Rescue Report - see attached. e) Consider Approval of Resolution 92-07 on the Appointment for the Sand Creek WMO Commissioner Position - see attached staff report. f) Consider Approval of Economic Development Committee Appointment for Dean Sutliff - see attached staff report. g) Consider Approval of Treasurer's Report - see attached. h) Consider Approval of Resolution 92-08 - Resolution Urging Legislative Action on the Local Government Trust Fund - On Monday, February 3, 1992 the City Council directed staff to prepare a resolution for consideration on February 18 with respect to the Local Government Trust Fund distribution formula. Enclosed is a copy of Resolution 92-08 - a Resolution Urging Legislative Action on the Local Government Trust Fund. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 The 1991 Legislature passed a property tax aid distribution plan which created a permanent Local Government Trust Fund. The primary source of revenue for this Fund would be the one-half cent sales tax initiated in 1991. The Legislature also created a formula which would be used for distribution of the funds in calendar years 1993 and 1994. This future aids distribution formula was vetoed by Governor Arnie Carlson. The Legislature must now pass another aids distribut~Lon formula for the same years. Councilmember Fitzgerald requested staff to determine the potential impact that the veto has on the City's local government aids. Staff research has concluded that it is too early to determine the impact. The Legislature is not in session and no bills are currently being debated. In discussion with staff from the League of Minnesota cities, their belief based on the state deficit projections is that a potential four to five percent, up to a maximum ten percent, local government aids cut could be passed on to the City unless the distribution aid formula is restored. Staff will monitor this during this session. Staff recommends as part of the consent agenda to adopt Resolution 92-08. Staff will forward this Resolution to our local Legislators upon adoption. e Second Consideration of Ordinance 92-01 - Eurasian Watermilfoil - City Council discussed the first draft of the Eurasian Watermilfoil Ordinance 92-01 on Monday, February 3. The Council directed staff to place the draft ordinance on the agenda for further discussion on Tuesday, February 18. The Lake Advisory Committee met on Tuesday, February 11. The Lake Advisory Committee discussed the Council input and recommends that the Council adopt the ordinance as drafted. Committee members will be in attendance to address any questions the Council has on the ordinance. In addition, the Committee is seeking clarification from the DNR on some of the issues raised at the discussion on February 3. Citizen igput will be received and Council follow-up discussion will occur at the meeting. The Lake Advisory Committee is recommending that the City Council adopt Ordinance 92-01. Council action will vary depending upon the discussion. 5. Consider Collector Street Fee Proposal attached staff report. - see 2 6. Consider Approval of City Council Workshop Executive Summary Report - A copy of the Workshop Executive Summary Report is attached for your review. It has been the policy of the City Council to "receive" an Executive Summary Report of the workshop. This Executive Summary Report is a review of the workshop discussion, serves as an official record of the workshop, and provides for a resource for City Council, staff and various committee follow up work activities. Staff has prepared the Executive Summary Report for your consideration and review. Upon taking formal action to receive the Report, staff will begin the follow-up work required as a result of the workshop. Present Information on Redistricting Local Precinct Boundaries - The purpose o~ this item is to present information on the redistricting of local precinct boundaries. A State Court redistricting panel. order implementing new legislative districts became effective on January 30, 1992. Thus the City of Prior Lake has 60 days from that date to adopt new local precinct boundaries. Enclosed is supporting material for this agenda item. Staff will discuss general information on our proposed redistricting plan together with a short summary of the process. It is anticipated that a continued discussion of the redistricting plan will occur on March 2, with final adoption of the precinct boundaries no later than the second Council meeting in March. No formal action is required at this meeting. (As of this writing we have not received the new legislative districts. The proposed local precinct boundaries are similar to a map staff distributed to the Council several months ago.) 8. Other Business a) AMM Legislative Reception: Wednesday, February 19, 4:30 to 6:30 p.m. - The AMM is hosting their annual Legislative Reception on Wednesday, February.19 beginning at 4:30 p.m. at the Kelly Inn in St. Paul. Individual members interested in attending please contact City Manager, Dave Unmacht. b) *Ail times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. HERITAGE COMMUNITY 1891 1991 MINUTES OF THE CITY COUNCIL February 3, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, February 3, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht, Assistant City Manager Schmudlach, City Attorney Kessel and Recording Secretary Birch. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the January 21, 1992 Council meeting were reviewed by Council. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE COUNCIL MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. The next order of business was approval of the Consent Agenda as follows: a) Consider Approval of Invoices To Be Paid. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE CONSENT AGENDA ITEM (a). Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. The next order of business was: Consider First Draft of Eurasian Milfoil Ordinance 92-01. City Manager Dave Unmacht commented on the purpose of this ordinance, and recognized members of the Lake Advisory Committee (Dave Moran and Jody Stroh) who were in the audience. Also in attendance was Otto Christiansen, Boating and Water Specialist, from the DNR. Unmacht reviewed details of the ordinance. Discussion occurred regarding the role of Scott County and the DNR in the review and approval process for this ordinance. Several questions were raised by John Craig, 2855 Spring Lake Road with regard to this ordinance and weed removal on lakeshore property. Jerry Meysembourg, 15330 Edgewater Circle answered questions asked by the Council with regard to eurasian milfoil treatments and the severity of the problem. General 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Minutes of the Prior Lake City Council February 3, 1992 consensus of the Council was that this ordinance should be pursued in order to manage the spread of eurasian milfoil. Staff was directed to place the ordinance on the next agenda for further discussion. Council thanked all individuals for their work and efforts toward controlling the eurasian milfoil problem. The next order of business was: Consider Approval of Credit River Township and Spring Lake Township Fire and Rescue Contract Agreements. City Manager Unmacht discussed the Township contracts briefly and noted that Credit River and Spring Lake Township officials were in the audience. A short discussion occurred. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE THE 1992 FIRE AND RESCUE AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND CREDIT RIVER TOWNSHIP. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE THE 1992 FIRE AND RESCUE AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott Topics discussed under other business were: Councilmember White discussed the League of Minnesota Cities Bulletin which urged cities to contact their legislators with regard to the Local Government Trust Fund distribution formula which distributes funds to local government for property tax relief. Staff was directed to draw up a resolution for consideration at the next meeting. City Manager Unmacht discussed a letter from Wes Green requesting that the assessments be removed from property owned by him on Conroy Street. Unmacht stated that the letter will be entered into the record and a copy of the letter would be distributed to all Councilmembers. City Manager Unmacht distributed the Variance Summary Report as required by City Code Section 2-3-4-H. City Manager Unmacht requested that Council set a public hearing for Monday, March 2 to consider the cable television franchise transfer application of Star Cable Midwest to D.D. Cable Partners, Inc. Council concurred that the public hearing should be set for Monday, March 2 at 8:00 p.m. County Commissioner, Dick Underferth had advised City.Manager Unmacht that Scott County will be taking action on construction of a signalized intersection at County Road 39 and County Road 21. 2 Minutes of the Prior Lake City Council February 3, 1992 Staff informed the Council that two terms on the Watershed District Board would be.up for County Board reappointment in March. A short discussion occurred on the appointment of an interview committee who would make recommendations to the City Council. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPOINT COUNCILMEMBERS GENE WHITE AND CAROL SCOTT BE TO THE WATERSHED DISTRICT BOARD INTERVIEW COMMITTEE. Upon a vote taken, ayes by Andren, Scott and White, the motion Fitzgerald, Kedrowski, passed unanimously. Councilmember White complimented Chief Powell, on the handling of a recent snowmobiles in the City of Prior Lake. of Police, Dick meeting regarding The next Council meeting will be Tuesday, February 7:30 p.m. 18, 1992 at There being no further business, the meeting p.m. by general adjourned consent of the Council.~ · ht ~ity Manager Dee Birch Recording Secretary at 8:20 HERITAGE COMMUNITY 1891 1991 MINUTES OF THE CITY COUNCIL January 29, 1992 The Common Council of the City of Prior Lake met in a special session on Wednesday, January 29, 1992 at 5:00 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, and City Manager Unmacht. Councilmember White was absent. Mayor Andren called the meeting to order. The purpose of the meeting was to consider and adopt the Pay Equity Implementation Report. City Manager Unmacht reviewed the report and made a recommendation to the Council to adopt Resolution 92-06. Discussion occurred. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE RESOLUTION 92-06 - A RESOLUTION SUPPORTING THE CITY OF PRIOR LAKE'S PAY EQUITY IMPLEMENTATION REPORT. Upon a vote taken, ayes by Andren, Kedrowski Fitzgerald, the motion carried. The / ¢i meeting adjourned at 5:16 p.m. .d J. Unma~t Manager and Scott nay by 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON WED. FEB. 19, 1992 MISC. DEPTS. American Business Form NAPA Parts Service Coast to Coast Stores C. H. Carpenter Lumber Co. Noll's Hallmark Snyder Drug Carlson Hardware Co. Prior Lake CarQuest R & R Carpet Service Radisson Hotel Skillpath, Inc. Scott Rice Telephone Co. Shakopee Public Utilities Minnegasco MN Valley Electric Co. Northern States Power Amoco Oil Co. GENERAL GOVERNMENT Midwest Veterinarian Supplies Gene White PERA Prior Lake American David Unmacht Angela Jaspers Mpls. Star Teri-Jo's Floral R-Own Office Supply Consolidated Typewriter Petty Cash Lommen Nelson Cole Franz Engineering American Planning Assn. Office Electronic Inc. AlphaSoft Command Computer Corp. Northgate Computer Systems R-Own Office Supply Sprint American Linen Bob's Personal Coffee Service office Supplies Misc. Supplies Misc. Supplies Misc. Supplies Misc. Supplies Misc. Supplies Misc. Supplies Misc. Supplies Bldg. Maintenance Council Workshop Seminar Fees Telephone Service Utilities Utilities Utilities Utilities Vehicle Maintenance Dog Tags Seminar Fee Past Service Coverage Publishing Meeting Expenses Mileage Subscription Floral Arrangements Supplies Supplies Postage & Supplies Attorney Fees Planning Supplies Dues Computer Supplies Software Update Software Update Cap. Outlay-Equipment Bldg. Maint. Supplies Telephone Service Building Maint. Coffee Service 2,041.20 309.25 83.24 23.07 84.07 177.86 29.82 846.16 221.40 2,300.91 198.00 1,265.62 78.00 954.70 1,876.62 8,280.73 45.29 41.23 10.00 34.37 847.02 193.66 20.55 67.60 62.00 22.24 24.00 45.48 3,079.90 29.25 110.00 343.20 140.00 120.00 1,389.40 67.50 191.58 73.37 209.50 PARK AND RECREATION Connie Carlson Gladys Mahoney Fina Costumes Toys'R Us Ally Prior Lake Charter Service Mary Ann Mingo Shy Sommers Diane Wikstrom Lisa Conlin Judy Pint R-Own office Supply Pioneer Rim & Wheel Floyd Lock & Security Viking Industrial Supply Gurney's Seed & Nursery J.R. Johnson Supply Radermachers Super Valu Nancy McGill Glenwood Inglewood Dan's Auto Repair Amoco Car Care Co. Mahowald Motors Action Door Co. ECONOMIC DEVELOPMENT Buckingham Disposal Burnsville Sanitary Co. Quality Waste Control Kay Schmudlach University of Minnesota R-Own Office Supply WATER UTILITY Dale Mathison Bauer Built Tire Co. Water Products Co. Raymond Johnson U.S. West Communications Virgil Schaaf Construction PEPSA SEWER UTILITY Feed-Rite Controls Metro Auto Salvage MWC¢ MWCC Park Program Refund Park Program Refund Dance Supplies Dance Supplies Dance Supplies Bus Charters Park Program Instructor Park Program Instructor Park Program Instructor Park Program Instructor 9.25 29.50 127.10 29.90 301.20 200.00 35.00 39.00 867.50 728.94 Mileage 13.75 Capital Outlay-Equipment 1,091.98 Repair Supplies 38.38 Bldg. Maint. Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Concession Supplies Mileage Bldg. Maint. Supplies Vehicle Maintenance Vehicle Maintenance Vehicle Maintenance Capital Outlay-Improv. 112.00 347.69 32.09 128.50 191.08 19.80 17.55 5.00 10.50 718.79 866.00 Christmas Tree Recycling Christmas Tree Recycling Christmas Tree Recycling Meeting E~penses Registration Supplies 42.75 245.10 73.82 14.47 182.00 3.59 Damage Repair Repair Supplies Water Meter Meeting Expense Telephone Service Equipment Rental Annual Dues 7.46 34.00 910.63 14.00 40.10 891.52 5.00 Maintenance Supplies Maintenance Supplies SAC Charges Installment 6.49 67.50 3,465.00 41,001.00 CONTINGENT RESERVE Frank J. Wicker Strgar-Roscoe-Fausch Inc. PUBLIC SAFETY Prior Prints Photo Express Uniforms Unlimited MN Dept. of Public Safety Dick Powell Robert W. Boe Steve Schmidt Communication Auditors Amoco Car Care Prior Prints Treadway Graphics D.A.R.E. America FIRE & SAFETY R-Own office Supply Reynolds Weld%ng Emergency Medical Products Outdoor Power House St. Cloud Fire Dept. Fire Dept. Safety Officers Prior Lake.Heating & AC Communication Auditors Fire Marshals Assn. of MN Communication Auditors ANIMAL CONTROL Robert McAllister PUBLIC WORKS Prior Prints Strgar-Roscoe-Fausch Inc. MN Cellular Telephone Co. MN Assn. of Soil & Water NCITE Prior Lake Aggregate Moline's Auto Body Dan's Auto Repair Case Power & Equipment Professional Services Engineering Services Printed Supplies Supplies Small Tools & Equipment State Terminal Meeting Expense Meeting Expense Meeting Expegse Equipment Maintenance Vehicle Maintenance DARE Supplies DARE Supplies DARE Supplies Supplies Sup?lies Medical Supplies Supplies Conference Fees Registration Fees & Dues Building Maintenance Equipment Maintenance Dues Pager Maint. Contract Animal Warden Sup?lies En~lneering Services Maintenance Supplies Registration Fees Registration Fees Sand & Gravel Vehicle Maintenance Vehicle Maintenance Vehicle Repairs 500.00 4,232.11 34.00 43.18 52.50 240.00 12.42 139.16 21.96 70.09 253.68 71.82 322.40 364.94 17.10 31.00 44.56 119.75 440.00 714.00 219.00 228.00 35.00 643.50 463.12 6.00 463.64 68.00 10.00 30.00 429.83 812.64 139.11 884.13 PRIOR LAKE CONSTRUCTION FUND TKDA O'Neill, Traxler & Zard DEBT SERVICE FUND Norwest Bank Minnesota DEBT SERVICE - GENERAL FUND First Trust EQUIPMENT CERTIFICATES Engineering Fees Court Costs Debt Service Debt Service 863.44 2,325.00 148,832.50 657.25 Crysteel General EquiPment 17,099.00 IX~ CATCHERS MONTHLY REPORT TOTAL THIS I~DN TH Number of dogs picked up Number of hours within Prior Lake area Number of unelalmad dogs Reimbursement to City elneludo currant monthts total CITY OF PRIOR LAKE Summary of Building Permits Issued Month of JAN-dARY 1992 No. of Declared No. of No. of Declared Permits Value Permits Pe~its Value ~ Prior Yr. to Date Single Family Dwellings Other Dwellings (No. of Units Dwelling Units Removed 0 Net Change +7 Besidential Garages Indust r ial-C(m~ercial Structures other than buildings Additions, Alterations 1. Besidential 2. Industrial and C(m~ercial 7 1,095,296.56 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 24,460.00 14 2 11,300.00 4 176,773.26 46,900.00 69,295.00 Mechanical Permits 3 10,915.00 0 Total Total .~lared 18 1,141,971.56 20 1,341.971.56 292,968.26 18 F' R I O ~ L. A~. C '~ E D [ ] A L.. C A r,, C E L.. L E' D E Iq R C) U "r' HERITAGE COMMUNITY 1891 1991 CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: 3 (e) BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF RESOLUTION 92-07 ON APPOINTMENT FOR THE SAND CREEK COMMISSIONER POSITION FEBRUARY 18, 1992 THE WMO INTRODUCTION: BACKGROUND: The purpose of this Agenda item is to consider approving Resolution 92-07 for the appointment of a delegate to represent Prior Lake in the Sand Creek Watershed Management Organization (SCWMO). A Joint Powers Agreement (JPA) for establishing a Watershed Commission for the Sand Creek Watershed was approved by City Council Resolution 85-35 on December 16, 1985. From this Agreement, a Watershed Management Organization was formed as required by the Metropolitan Water Management Act and Minnesota Statute 473.878. The SCWMO has met since 1986 to form a surface water management plan. This plan has been completed and has been approved by the Minnesota Board of Water and Soil Resources (BWSR) on April 24, 1991. In the initial Joint Powers Agreement, the membership of the Board consisted of one representative from each of the twelve local units of government within the SCWMO's boundary. These members and their appointed commissioners were responsible for the preparation and adoption of the initial watershed plan. After adoption of the watershed plan, the Board of Commissioners was to be reduced to seven (7) members as per the JPA. After the adoption of the WMO plan by the BWSR, one Commissioner is to be appointed by the Cities of Shakopee and Prior Lake, and the Townships of Louisville and Spring Lake. The current commissioners have met and the general consensus was to appoint Clancy Kaiser of Spring Lake Township to represent the four local units of government in the SCWMO. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 The City of Prior Lake has land within three Watershed Management Organizations and one Watershed District. All of the 509 plans for each watershed organization have been approved by BWSR on the following dates: NAME OF WMO APPROVAL DATE PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT (PLSLWD) CREDIT RIVER WMO SHAKOPEE BASIN WMO SAND CREEK WMO (SCWMO) MAY 22, 1991 MARCH 27, 1991 APRIL 24, 1991 APRIL 24, 1991 DISCUSSION: The City of Prior Lake has 195 acres of area located in the southwest corner of the city by Howard Lake within the SCWMO which is the least amount of area among the twelve members. The 195 acres is 0.2% of the total 104,793 acres within the WMO. The land area for the City of Shakopee and the Townships of Louisville and Spring Lake is 915 acres, 4,307 acres and 5,100 acres, respectively. The City of Prior Lake's commissioner for the SCWMO for the preparation and adoption of the watershed plan has been the writer of this report. The commissioners from the Cities of Shakopee and Prior Lake and the Townships of Louisville and Spring Lake have met on the joint appointment to the SCWMO and it is being proposed that Clancy Kaiser of Spring Lake be the permanent commissioner. The term length of the SCWMO commissioner appointment is three years. RECOMMENDATION: Recommendation is to approve Resolution 92-07 to approve the appointment of Clancy Kaiser to be the commissioner of the SCWMO. ALTERNATIVES: The alternatives are as follows: Approve Resolution 92-07 which approves the appointment of Clancy Kaiser to represent the Cities of Shakopee and Prior Lake and the Townships of Louisville and Spring Lake as Commissioner to the SCWMO for a term length of three (3) years. Disapprove Resolution 92-07 for specific reasons. Table this item for specific reasons. BUDGET IMPACT: This item has no impact on the budget. ACTION REQUIRED: Make a motion, as part of the Consent Agenda, to approve Resolution 92-07 and approving the to the SCWMO. HERITAGE 1891 COMMUNITY 1991 RESOLUTION 92-07 RESOLUTION APPROVING THE APPOINTMENT OF CLANCY KAISER REPRESENTING THE CITIES OF PRIOR LAKE AND SHAKOPEE, AND THE TOWNSHIPS OF LOUISVILLE AND SPRING LAKE FOR THE SAND CREEK WATERSHED MOTIONED BY , SECONDED BY WHEREAS, the City of Prior has a portion of its area within the Sand Creek drainage basin; and WHEREAS, the Metropolitan Surface Water Management Act requires that Storm Water Management plans shall be prepared and implemented over the seven County metropolitan area; and WHEREAS, a Joint Powers Agreement has been prepared to implement the Metropolitan Surface Water Management Act and was passed and adopted by the City Council on December 16, 1985; and WHEREAS, a Watershed Management Plan has been approved by the Board of Water and Soil April 24, 1991; and prepared and Resources on WHEREAS, upon approval of the Watershed Management Plan, the initial twelve (12) commissioner Board is to be reduced to a seven member Board as per the Joint Powers Agreement; and WHEREAS, one commissioner is to be appointed by the Shakopee and Prior Lake and the Townships of and Spring Lake upon adoption of the Management Plan. cities of Louisville Watershed NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, the appointment of Clancy Kaiser of Spring Lake Township to represent the cities of Shakopee and Prior Lake and the Townships of Louisville and Spring Lake as a commissioner to the Sand Creek Watershed Management Organization is hereby approved. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Passed and adopted this Andren Fitzgerald Larson Scott White YES day of Andren Fitzgerald Larson Scott White , 1992. NO (Seal) David J. Unmacht City Manager City of Prior Lake HERITAGE COMMUNITY 1891 1991 CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: 3(f) KAY SCHMUDLACH, ASSISTANT CITY MANAGER CONSIDER APPROVAL OF ECONOMIC DEVELOPMENT COMMITTEE APPOINTMENT FOR DEAN SUTLIFF FEBRUARY 18, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: RECOMMENDATION: The Economic Development Committee has authorization for 12 members (including the City Manager). Currently the Economic Development Committee has 10 members with one pending resignation. This agenda item has been prepared to request approval of Economic Development Committee applicant Dean Sutliff. Mr. Sutliff contacted the City in November of 1991 responding to the City's request for Planning Commission applicants. Mr. Sutliff was interviewed for the Planning Commission position. The interview committee recommended that Mr. Sutliff consider applying for a position on the Economic Development Committee. Mr. Sutliff did apply and has been attending the meetings since December of 1991. Attached is Mr. Sutliff's Planning Commission application form. The committee members have had an opportunity to discuss economic development business with Mr. Sutliff. Mr. Sutliff's expertise is in the area of marketing which will be a great asset to the committee as they work through the Business office Park Marketing Plan. The Economic Development Committee and Planning Commission Interview Committee (Lee Andren, Carol Scott and Dave Unmacht) recommends the appointment of Mr. Dean Sutliff to a two year term on the Economic Development Committee. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ALTERNATIVES: The Prior Lake City Council has the following alternatives to consider for action. Appoint Dean Sutliff to the Economic Dev~l?pmegt Committee for a two year term expiring in July of 1993. 2. Table this action until a later date for a specific reason. 3. Deny his appointment for a specific reason. ACTION REQUIRED: Motion as part of the Consent Agenda is in order to appoint Dean Sutliff to a two year term on the Economic Development Committee. APPLICATION THIS APPLICATION IS TO BE COMPLETED BY INDIVIDUALS INTERESTED IN SERVING ON A VOLUNTEER BOARD OR COMMISSION IN THE CITY OF PRIOR LAKE. Name: ?eanou~ ~ ~liff Address: 31:~=. Linden Circle ... Phone #: (H) 440-4232 Date: li/27/91 (W) 884-~,70a Please state position being sought: ~rior ~O..,,.!s%io~ How did you find out about this position? ecent Cit-~ Council Election cPeated vacancy' on Commission to fill remzinP~r oC Com:~issioneus Briefly describe your qualifications for the position: A,~ n consultant, r b.~ve hn~ to interface ,."t · ,1 ?. man,~h ~rou~,s an~ co~'/ine or ne~otl~te diver~,ent viev.,s. ~s an in~!e~endcnt zr:,r!! ]~usi~%pss owner '.'ith corporate needs snd ~urchase res~onsi',ilities. Briefly describe your interest in this position and how you can serve the community: Prior Lake. }~Ps z -ro'..'in~ -.o-u!ction on,-' re~uir,e:~ a %a!ance of ~' ..... ' ro..~:, in nei-hb,,orhoo_'s ant business/economic ,--~evelo~,~.:-~ The cit-~ nee<s in.-'ivi,:]uo!a '..,.ho can res-onsi~l-- ccm~:unic~te and :!iroct ~o!icies that ~..'ill sustain and stimulate its ~rc'.'th. Briefly describe your educational background: 1~,o. ~, - lO~~- ' 2a,ioTM. . Journ£? i~m/iiiEto~-., Universit,- of io-..'a Please list any references that we may contact: ..... -~-~ 344-5c ~-,o Fre< -'. -~c!i',an ?roYuctior, s Please attach a resume. HERITAGE COMMUNITY 1891 1991 TO: Mayor and City Council FROM: Ralph Teschner, Finance Director DATE: February 6, 1992 RE: February 1, 1992 Treasurer's Report FUNDS General Sewer & Water Capital Park Debt Service Construction Tax Increment Equip. Acquis. Trunk Reserve 01/1/92 BALANCE RECEIPTS DISBURSEMENTS 12,588.60 311,536.50 322,641.55 66,903.44 23,382.63 115,897.97 24,319.05 1,750.00 0.00 53,940.42 87,628.36 74,022.24 2,174.95 2,792.46 1,965.65 33,481.75 109.66 0.00 973.54 25,152.26 7,268.00 15~737.11 1~386.58 0.00 02/1/92 BALANCE 1,483.55 (25,611.90) 26,069.05 67,546.54 3,001.76 33,591.41 18,857.80 17~123.69 INVESTMENTS 1,300,000.00 785,980.16 5,669,000.00 307,000.00 325~000.00 TOTAL 210,118.86 453,738.45 521,795.41 142,061.90 8,386,980.16 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 HERITAGE COMMUNITY 1891 1991 RESOLUTION 92-08 RESOLUTION URGING LEGISLATIVE ACTION ON THE LOCAL GOVERNMENT TRUST FUND MOTIONED BY SECONDED BY WHEREAS, in 1991 the Local Government Trust Fund was created by the Legislature to provide a continuing source of funds for city, county and township property tax relief; and WHEREAS, Governor Arnie Carlson vetoed a portion of the legislation which specified the growth formula and property tax relief aids from the Local Government Trust Fund for calendar years 1993 and 1994; and WHEREAS, the 1992 Legislature must pass new legislation for the distribution of the Local Government Trust Fund monies; and WHEREAS, the City of Prior Lake has a vested interest in the Local Government Trust Fund distribution formula. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the City Council urges the Legislature to adopt a Local Government Trust Fund distribution formula which dedicates the fund and any growth in the fund to local government property tax relief. BE IT FURTHER BE RESOLVED that the City Council supports passage of a bill in the 1992 session which would specify the same language as the original 1991 omnibus tax bill which created the Local Government Trust Fund. BE IT FURTHER RESOLVED that a copy forwarded to Senator Terry Johnston Kelso. of this Resolution be and Representative Becky Passed and adopted this 18th day of February , 1992. YES NO Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White (Seal) David J. Unmacht City Manager City of Prior Lake 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 DRAFT CITY OF PRIOR LAKE ORDINANCE NO. 92-01 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 9-3 The Council of the City of Prior Lake does hereby ordain: A new section 9-3-10 is hereby added to Prior Lake City read as follows: I Code to 9-3-10 EURASIAN WATER MILFOIL The growth of eurasian water milfoil in the waters of the city of Prior Lake affects the public health, safety and welfare by contributing to the deterioration of public waters and reduction of the economic and natural value of such waters. The City of Prior Lake has determined that regulations and ~enalties relating to the introduction and control of eurasian water milfoil are necessary to protect the waters of the City. (A) A person shall not place a trailer or launch a watercraft with eurasian water milfoil attached into any water bodies within the City of Prior Lake applicable law, M.S. 18.317 Sub. 3. (B) A person shall not anchor or ?perate a watercraft within any area identified by qualified aquatic biologists and marked for prescribed treatment with yellow milfoil buoys authorized in Minnesota Rules 6110.1500. Sub.7. However, riparian land owners or lessees may use the shortest and most direct route causing the least amount of cutting of milfoil plants in a marked area, when traveling to and from their property to open water, provided that they operate at a slow no wake speed (by definition, not to exceed 5 miles per hour). (c) Enforcement, emergency, resource management and other government personnel or contractors are exempt from this ordinance when performing official duties or authorized work as prescribed in Minnesota Rule 6110.1200, Sub. 2, Para. 3. DRAFT DRAFT (D) The Department of Natural Resources is in the process of developing an eurasian watermilfoil management plan, subsequently, the provisions of Ordinance 92-01 will sunset on December 31, 1992. The City of Prior Lake, Scott County Sheriff's Department and Department of Natural Resources will review our experience with the Ordinance and, based on our experience and the DNR's plan, take appropriate action for the 1993 boating season. II The present Section 9-3-10, is hereby renumbered as Section 9-3-11, and amended to read as follows: 9-3-11: PENALTY Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed seven hundred dollars ($700) or by imprisonment not to exceed ninety (90) days, and costs. This ordinance shall be come effective from and after its passage and publication. Passed by the City Council of Prior Lake this , 1992. day of ATTEST: City Manager Mayor Drafted by: David Unmacht City Manager City of Prior Lake 4629 Dakota Street S. E. Prior Lake, MN 55372 DRAFT HERITAGE COMMUNITY 1891 1991 NES0 AGENDA: REQUESTED BY : SUBJECT MATTER: DATE: 5 RALPH TESCHNER, FINANCE DIRECTOR CONSIDER COLLECTOR STREET FEE PROPOSAL FEBRUARY 18, 1992 INTRODUCTION: The City's design standards for collector roads calls for additional right of way beyond that of your normal 50' residential street requirement plus sidewalks, pedestrian walkways and neighborhood park trails as needed. The City of Prior Lake's Comprehensive Plan identifies these improvements as desirable amenities which enhance and benefit the community. In the past, such sidewalks along collector corridors were paid for whenever the City was successful in qualifying these expenditures for MSA funding. However, current funding sources are not only inade~.ate to construct trail systems assocxated wxth development b~t also paying for collector roadway amenities is a financial drain on our municipal state aid funds. The above referenced improvements are a direct result of development, therefore the necessary resources to finance these costs should originate from the development. This is the underlying premise and basis for the following discussion. The extension of Carriage Hill Road to the west is paramount to the future development of the majority of the land within Section 26 of Prior Lake. As the major collector within the North Shore area, a significant investment will be required to finance the construction of this road system which will eventually be completed to County Road 21. The majority of the funding of Carriage Hill is expected to be from municipal state aid funds. However, another revenue source will be required, in addition to MSAS funds, to provide the trail systems, bikeways, sidewalks and right of way acquisition which are integral components of a collector road. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 In order to accomplish these improvements it may be necessary for the City to establish a collector street fee. Therefore, Staff is requesting Council review of such a charge as outlined within this report. BACKGROUND: For the most part the City's collector system of streets on the MSAS system which have been improved, have allowed both residential and commercial access. Some examples of these would be Fish Point Road, Fairlawn Shores Trail and Duluth Ave. This 9ast policy of granting full access provided benefit to the property owners and allowed the City to assess these improvements. In those cases, municipal state aid funds were only utilized to pay for the oversizing cost of the road. Standards, especially in the area of safety, have changed with respect to high volume collector streets. Driveway access is not a desirable condition and is no longer allowed or, at the most, approved on a limited basis. Because this practice precludes immediate development fronting on collectors, the City cannot expect to be successful in assessing only the abutting property. Under this access proviso the cost/benefit relationship is not supported. Instead, the benefit of individual access has transcended to an area-wide benefit with the addition of trail corridors which funnel pedestrian travel as well as vehicular traffic of adjacent residential developments that depend upon these collectors. As such, an area-wide fee would be considered appropriate. DISCUSSION: Carriage Hill Road is actually the first such collector the City may be constructing thru largely undeveloped tracts of land. There are other MSAS designated streets on our system that will be installed in the future. As a result, Council action concerning a collector street fee policy will lay out the ground rules for these projects. Whatever is concluded will be very important in establishing precedence and developing a fair and equitable method of cost recovery of our collector roads. Staff recognized that keeping the cost level down would be a primary objective not only to the Council but developers and property owners alike. Identifying which costs should be paid for and what method of cost distribution would be the most effective were two key concerns of Staff. A number of criteria and assumptions were made to resolve these issues. It was acknowledged that while the collector street serves the entire community, certain aspects of construction provide a more local impact upon a neighborhood and should be borne by that specific area. Ail pedestrian related improvements i.e., bikeways, sidewalks, trail systems plus excess right of way were designated as area-wide beneficiaries. While actual costs associated with construction of the collector such as engineering, grading, bituminous and curb and gutter installation were deemed to be reimbursable from MSA funds. The most favorable funding approach would be to create a two-tier fee. One would be an acreage fee that would be complemented by a road charge on the building permit. This would share the financial responsibility between the builder and the land owner/developer. In-fill lots throughout the city would then also participate. Cities such as Savage and Eagan charge $201.00 and $370.00 respectively for their collector street building permit fee. Staff arrived at a fee of $150.00 in its cost analysis, in an effort to balance the acreage fee. Our proposed combined fee, in effect is less than those of both Savage and Eagan. Ideally from a community transportation aspect east-west and north-south collector roads would be built every half mile. Based upon this premise, an engineering model was developed using cost projections from the Carriage Hill feasibility report to determine an appropriate acreage charge. The right of way cost, in excess of the normal 50' residential street, which is needed to accommodate the above referenced trails and collector street shall be cost-back to the area charge. On an average this would be an additional 30' or 37.5% of the 80' right of way. This aggregate cost for the half mile section would amount to $32,230 plus $105,480 related to pedestrian ways for a grand total of $137,710.00 of eligible costs. The 1/2 by 1/2 mile grid equals 160 acres which would translate to 128 net acres of land suitable for development if 20% were consumed by roadways, park and ponding areas. A typical subdivision based upon 2.5 units per acre would equate to 320 lots. These lots would generate approximately $48,000.00 in revenue (320 @ $150.00). An acreage charge of $700.00 per acre would be needed to recoup the balance. This calculation is conservative due to the fact that in most plats the net acreage would more realistically be closer to 70% than 80%. This was purposely done in an effort to keep the acreage fee at a lower, more feasible level. A computation summary is as follows: Excess ROW Walkways Total ... $ 32,230.00 ... 105~480.00 ... $137,710.00 Lot fees ... $ 48,000.00 Acre charge ... 89t600.00 Total ... $137,600.00 (320 @ $150) (128 @ $700) The lot fees would be paid at time of building permit application. The acreage fee would be incorporated into the developers agreement and paid at time of final plat approval. The acreage fee would be applied only in the event of new development. Commercial and industrial property shall be charged the same rate. However, the building permit charge shall be calculated upon RED units as defined in the City's Assessment Policy. The fees collected would be dedicated to a Street Collector Fund and used solely for the purpose of those park trail improvements outside the scope of our existing, community parks and for street related expenditures as discussed within this agenda report. This would provide a portion of the fiscal resources needed in future anticipation of the Bridge connection and its correlating impact upon Prior Lake. However, overall funding efforts would still fall short to finance all projects identified in Prior Lake's CIP over the course of the next five years. Municipal state aid eligible project expenses approach nearly $3,560,000 while MSA revenues amount to only $2,200,000. This disparity becomes larger when factoring in anticipated e__x~enditures associated with the upgrading of Highway 13, which is listed in our current CIP, but are presently unknown at this juncture. This collector street fee is one means by which the disparity between expected revenue and expenditures can be reduced. ALTERNATIVES: The available alternatives are as follows: 1. Direct Staff to develop a follow-up resolution establishing a collector street fee structure as outlined. 2. Authorize a resolution to incorporate fee amounts as determined by the Council. 3. Reject collector street funding or tabling action for further consideration. RECOMMENDATION: Depending upon Council action, the Assessment Polic~ would be amended to include a section pertaining to the subject of collector fees. Effective date of application could be 4/1/92 and would exclude any platting proposals that are substantially advanced in the process. BUDGET IMPACT: ACTION REQUIRED: Otherwise, all plats given preliminary plat approval subsequent to April 1, 1992 shall be subject to street collector charges. Currently, the only pending development would be exempt under these guidelines be the the Mahoney/Giles proposal. that would No immediate impact upon the City's operating budget would result. In effect the City's tax and bond rating position will be enhanced and strengthened as special levies for these collector streets may be avoided. If the Council consensus is one of endorsing such a funding method then a resolution will be subsequently drafted adopting the schedule and fee amount as proposed. Agenda Item 7 February 7, 1992 TO: Mayors, Manager or Clerk ff)~ FROM: Donald A. Slater, Executive Director TIMELINE FOR LOCAL REDISTRICTING IN EFFECT March 30 Is Deadline For City Redistricting On Thursday, January 30, the special state redistricting panel signed an order entering its judgment establishing the state court plan for legislative redistricting based on Chapter 246, originally approved by the '91 state legislature. * Cities are now required to redraw city ward and precinct boundaries within 60 days in compliance with M.S. 204B.135 and M.S. 204B.14. * Monday, March 30 is the deadline for cities to complete the local redistricting process. Court Plan Alters Some Legislative Districts Some cities have been affected by changes made by the court to the redistricting plan (Chapter 246) originally enacted by the '91 state legislature. Those cities should pay particular attention to obtain the following: * the most recent legal description of legislative district(s) encompassed within the city, which intersect city precinct and/or ward boundaries or which utilize city corporate limits; (State Redistricting Panel Final Order on Redistricting, C8-91-985, December 9, which became effective January 30); * identification of census blocks affected by changes ordered by the state special redistricting panel; * map of final legislative district(s) affecting the city. Cities, Counties To Receive Official Descriptions/Maps Hermepin County has agreed to send county auditors copies of the court-ordered redistricting plan as well as information on which new legislative districts have been affected by changes to the original legislative redistricting plan (Chapter 246) made by the state special redistricting panel. That information will include identification of those census blocks within the city that were affected by court-ordered legislative district changes. Cities will be able to obtain official infoa mation with the most recent legal description of legislative districts from the county auditor by mid-February. The Secretary of State will also be mailing copies of maps showing boundaries of new legislative districts to all cities with more than one precinct as well as to those single-precinct cities split by new legislative district boundaries (which will necessitate the creation of at least two new precincts to take account of the newly drawn legislative districts.) Notification Requirements M.S. 204B. 14 requires cities to prepare maps showing the correct boundaries of each precinct (even if the city re-establishes current precinct) and deposit those with the county auditor, secretary of state and state planning director (state demographer's office) as well as to provide copies for public inspection in the city clerk's office. This year, cities will be able to use the map provided by the Secretary of State for that purpose. Maps are scheduled to be mailed next week. Cities should be sure to record new or re-established precinct (and ward) boundaries on the map(s) provided and follow instructions for returning them as soon as possible. Arrangements will be made by the Secretary of State to provide copies to the state demographer. According to a memorandum to county auditors from the Secretary of State dated January 31, cities must also be prepared to provide counties with a list of precinct polling locations when local redistricting plans are adopted. (See further information following.) Counties have been advised to complete updated precinct tables by May 1, and to have updated precinct finders ready by June 12, to make it possible to update voter records by the end of June (prior to the opening of filings for state legislative candidates). Attorney General Declares Legislature Has Been Redistricted The Attorney General has determined that the legislature has been redistricted and that the law requiring cities to be redistricted within 60 days was effective on the date on which the state court's order was signed (January 30). Chief Deputy Attorney General Jack Tunheim has notified county election officials that the legislature has been redistricted and that the state court plan has been established as the basis for implementing redistricting at the local level. Public Heatings On Redistricting Plans Cities should proceed as soon as possible to conduct public hearings as required by charter or ordinance and comply with requirements in M.S. 204B, to post notification of all precinct changes prior to the effective date of the change. Home rule charters frequently provide that public hearings are to be held when wards are redistricted. M.S. 205.84 requires statutory cities with wards to conduct hearings on proposed redistricting plans. Although this provision does not specifically apply to home rule charter cities, the League and the Secretary of State have advised cities to consider conducting hearings to encourage public comment on proposed redistricting plans. Even if the city intends to re-establish existing precinct and ward boundaries, that is a decision on which the public may wish to comment. The location of ward and/or precinct boundaries clearly affects voters' access to the election process and as well as the representation of neighborhoods and constituencies within the city. It would likely serve the city well in the future to go through the public hearing process at this point before adopting final redistricting plans so that there is an official record and recognition of the decisions reached by the council on these matters. Obtain Polling Locations And Inform County In addition, cities must identify and obtain appropriate locations for polling places and provide that information to counties so that counties can comply with requirements to update the precinct table by May 1, according to instructions issued last week by the Secretary of State. Additional Considerations Some cities may encounter difficulties with implementing the plan for legislative redistricting at the local level. Cities which conclude that changes are needed to overcome such difficulties must consult the city attorney and determine whether further legislative or court action may be required to respond to those circumstances. In 1982, after the legislature was redistricted, there were instances in which cities requested the court to consider altering the legislative redistricting plan to make corrections in legal descriptions or to alter other aspects of the plan to make it possible for cities to implement redistricting at the local level. The '92 legislature also faces a decision over the future of the technical corrections bill on legislative redistricting that was vetoed by the governor after the session recessed in January (S.F. 1596/H.F. 1726). It is possible that the legislature may take up that legislation again in mid-February if an agreement can be reached to allow the changes proposed in the legislative redistricting plan to become law. The state special redistricting panel has no authority to act on the proposed alterations in district descriptions or placement of local jurisdictions within new districts that were initially agreed to by the legislature. While there is still a potential for further adjustments based on such legislation, the time left for legislative action to be effective is short. HUBERT H. lll..31?EREY, HI STATE OF MINNESOTA OFFICE OF TI~ ATTORN'EY GEN'ERAL Dear Local Election Official: As you are well aware, Minnesota law requires local election districts to be redistricted within a specified number of days 'after the legislature has been redistricted." Minn. Stat. §§ 204B.135 and 204B.14 (Supp. 1991) provide that city wards and precinct boundaries must be redistricted within sixty days and Minn. Stat. § 2041:3.135, subd. 2 (Supp. 1991) mandates all other local government election districts to be redistricted within eighty days. These time requirements have been the subject of several injunctions in the cases that have been brought involving redistricting. The special state court redistricl~ng panel in Cot/ow v. Growe issued an order for judgment on December 9 establishing a final legislative redistricting plan. This plan was stopped by the federal court redistricting panel in Ernison v. Grows on December 5, but the federal order was subsequently vacated by the United States Supreme Court on January 10, which reinstated the state panel's order. On January 30, 1992, the state redistricting panel signed an order entering the judgment, thus establishing the state court plan as the redistricting plan for the legislature. At this time, there are no injunctions in place which would stop enforcement of this plan. In our view, the legislature "has been redistricted' and thus the time deadline for redrawing local election districts started, effective January 30, 1992. We recognize that the possibility exists that the state court judgment will be appealed, and there is a ninety day window for appeal. In addition, the federal panel may attempt to further review the state court plan, although we do not believe there is a legal basis to do so. Nevertheless, we believe that local districts should proceed with redrawing local boundaries in an expeditious manner. If there are further court orders which halt the process, we will so advise you as well as keep you informed of any new developments. To summarize, city wards and precinct boundaries must be redrawn by March 30, 1992; all other election districts by April 20, 1992. It is important to achieve finality in this process as soon as possible so that the new lines are drawn well in advance of the 1992 primary and general election. Please feel free to contact us if you have any questions. MICHAEL O. FREEMAN JOHN R. TUNHEIM Hennepin County Attorney Chief Deputy Attorney General (612) 348-3099 (612) 296-2351 Attorney for Hennepin County Auditor Attorney for Minnesota Secretary of State Joan Growe Equal Opportunity Employer STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES COMMISSIONER'S ORDER NO. 2210 REGULATIONS FOR THE ISSUANCE OF PERMITS FOR THE DESTRUCTION AND CONTROL OF AQUATIC PLANTS, ALGAE, SNAILS, LEECHES AND OTHER INVF_.RTEBRATE AQUATIC LIFE IN PROTECTED WATERS; SUPERSEDING COMMIgSIONER'S ORDER NO. 1938 Pursuant to authority vested in me by law, I, Joseph N. Alexander, Commissioner of Natural Resources, hereby prescribe the following regulations for the issuance of permits for the destruction and control of aquatic plants, algae, snails, leeches, and other invertebrate aquatic life in protected waters. Section 1. DEFINITIONS For the purpose of this order, the following terms shall have the meanings given them in this section: (a) 'Field inspection' means an on-site determination by Department of Natural Resources personnel of relevant characteristics of a proposed treatment area. (b) 'Monitoring' means assessment of MDNR personnel of the status, progress, or efficacy of activities authorized by permit and observation of control operations being done under permit. (c) 'Aquatic nuisance" means presence of leeches, snails (swimmei:'s itch), or any growth of aquatic vegetation or algae in such numbers or such abundance as to interfere with boating, swimming, or other aquatic recreation or beneficial water use. (d) An 'excessive algae bloom" is one that is characterized by some or all of the following: (1) Algae population is dominated by blue-green algae. (2) Secchi disc reading is typically two feet or less and in severe cases may be less than four inches. (3) Floating mats or scums of algae have accumulated on the downwind shore. (4) Decomposition of accumulated algae releasing a blue-green pigment and causing of offensive odor. COMMISSIONER'S ORDER 2210 aquatic plants, or any bog of any size that is free-floating Or lodged in an area other than its original location. (3) Destroy emergent aquatic vegetation in any protected waters, except as allowed by Sec. 2(c) (1) and (2). (4) Destroy aquatic vegetation within any posted fish spawning area. (5) Use any type of machine that mechanically sifts lake bottom material from.protected waters lakeward of the ordinary high water level (OHWL). (6) Destroy or prevent the growth of aquatic plants or invertebrate life in protected waters by any other means except as allowed by Sec. 2(c). (c) Unless prohibited by Sec. 2Co), an aquatic nuisance control permit is not required to: (1) Cut or pull aquatic plants for the purpose of constructing shooting and observation blinds in amounts sufficient for that purpose. (2) Gather aquatic plants or plant parts, other than wild rice and American lotus, for personal use but not for sale. (3) Cut or pull submerged and floating-leaf aquatic vegetation in order to maintain a site for swimming or boat decking that does not extend along more than 50 feet of the owner's shoreline or one-half the length of the owner's total shoreline, whichever is less, and that does not exceed 2,500 square feet in a/,~, except that a boat channel not to exceed 15 feet in width may be maintained extending to open water. This 15 feet shall be included in the maximum shoreline feet allowed above. (A) Such cutting or pulling may be done with power operated cutters, rakes, and similar equipment which does not significantly alter the course, current or cross-section or the lake bottom of the protected water. It shall not be done with draglines, bulldozers, hydraulic jets, suction dredges, or other power-operated earth-moving equipment. (B) Such cutting or pulling may only be conducted in the same area each year, unless an aquatic nuisance control permit has been obtained authorizing a change in location. (C) Any person who cuts or pulls aquatic plants under the authority of this section shall immediately and permanently remove the same from the water. CD) The Adjacent individual property owners may abut their cleared 3 COMMISSIONER'S ORDER 2210 (4) Filamentous algae. (5) Excessive algae blooms. (6) Bogs that have broken loose from their points of origin and moved elsewhere and are creating a nuisance or hazard. (b) When control of vegetation is necessary, mechanical cutting with immediate removal is the preferred method because this method of vegetation control is immediately effective, is not as destructive to fish and wildlife habitat and involves less hazard to non- target organisms. (c) Permits for the destruction of emergent and floating-leaf vegetation including wild rice, bulrush, water lilies and other vegetation which has a unique function in establishing the gross character of a lake with respect to fish and wildlife habitat and fishermen and hunter use, will not be issued unless accompanied by a letter setting forth reasons deemed .by the Commissioner to be sufficient justification for such destruction. (d) Mechanical control. (1) Any person who cuts or pulls aquatic vegetation under authority of this Order, either with or without a permit, shall immediately and permanently remove the same from the water and dispose of it above the ordinary high water level of any protected water and not on marsh or bog areas. (2) A lake-wide organized program of mechanical cutting and removal of vegetation is restricted to a maximum area to be determined by the permitting authority but not to exceed 50 percent of the total littoral area. Any devices that sift debris and vegetation from shallow water areas will be discouraged because these devices could be destructive to fish and wildlife habitat. (3) An application for lake-wide or bay-wide mechanical control of aquatic macrophytes shall include a statement of the plan and a map showing areas proposed to be controlled. The Commissioner may reduce the amount of littoral area which the applicant desires to harvest by such amount as he deems necessary. Any application for mechanical control of aquatic macrophytes must include the name, address, and location on the lake of all property owners whose shoreline will be controlled. (e) Chemical control. (1) Watercourses. Permits may be issued for chemical control of aquatic 5 COMMISSIONER'S ORDER 2210 (v) An application from a property-owners' association for large area or bay-wide chemical treatment of submerged vegetation shall include a statement of the plan and a map showing areas to be treated. The Commissioner may reduce the amount of littoral area which the applicant proposes to control. Any application for the chemical treatment of submerged vegetation must include the names, addresses, location on lake, signatures of all property owners Whose shorelines will be treated. A notarized statement signed by an officer of a sponsoring homeowners' association or similar organization, listing all properties whose shoreline will be treated, may be substituted for signatures. (B) Natural Environment Lakes established pursuant to Minn. Rules Part 6120.0700 and lakes designated by Commissioner's Order as waterfowl feeding and resting areas or .wildlife management lakes: no area may be treated. (C) Watercourses or portions of watercourses classified as wild pursuant to either the Minnesota or Federal Wild and Scenic River Acts: no area may be (3) Chemical Control of Algae. An application for lake-wide control of algae must be accompanied by evidence that a majority of the property owners on the lake are in 'favor of the proposed treatment. (4) Drinking Water. The Commissioner shall not issue a permit for chemical treatment of waters used by humans for drinking unless he first obtains approval from the Minnesota Department of Health. Sec. 5. PERMIT FEES. (a) Permit Application Fees. (1) A permit application fee, in the form of a check or money order payable to the DNR, shall accompany each permit application when required by the following fee schedule. When application is made to control two or more nuisance conditions, only the larger fee shall apply. (A) To control rooted vegetation by chemical means: $10.00 plus $0.20 per shoreline foot of the proposed treatment area. Maximum $100.00. (B) To control emergent vegetation, or to control submerged or floating-leaf vegetation in an area larger than 2,500 square feet, by cutting or pulling: $10.00 for the first acre or portion thereof and $1.00 for each additional acre or portion 7 COMMISSIONER'S ORDER 2210 Sec. 6. APPROVAL OF CHEMICALS AND ~ODS TO BI=. USED. (a) Only chemicals registered with the United States Environmental Protection Agency (EPA) as aquatic herbicides or algicides and registered with the Minnesota Department of Agriculture and approved for use in protected waters by the Minnesota Department of Natural Resources may be used for chemical control of aquatic vegetation or algae in protected waters except that permits may be granted for experimental use of unregistered chemicals and methods in a bona-fide experimental program under an experimental use permit from the EPA and the Minnesota Department of Agriculture and the Commissioner. Co) Instructions and precautions furnished with an herbicide by the manufacturer and by the Department of Natural Resources shall be followed when applying it or using the treated area after applications. Chemically-treated ~reas shall be posted with signs furnished by the Department of Natural Resourcez bearing the permit number, the name of chemical used, and the date of treatment and dates on which water from the treated area may be safely used for swimming, fishing and other uses as specified on the product label or by the Department of Natural Resources. When differences in instructions exist, Department of Natural Resources recommendations shall be followed. The permittee or his agent is responsible for the placement and removal of such signs. Signs shall be posted in such a way so that people entering the treatment area from any direction can see the signs, or as otherwise prescribed in the permit. (c) Any chemical deemed especi~y hazardous by the Commissioner may be regulated so that it can be applied only by a holder of a valid Pesticide Applicator's License issued by the Minnesota Department of Agriculture. Sec. 7. COMMERCIAL APPLICATORS AND OPERATORS. (a) Chemical Applicators. No person, persons, or firm shall apply chemicals of any kind for hire for aquatic nuisance control on protected waters unless he first has a Commercial Pesticide Applicator's License from the Minnesota Department of Agriculture which has been endorsed by the Department of Natural Resources. Co) Non-Chemical Operators. No person, persons, or firm shall for hire cut, pull, or remove aquatic vegetation by non-chemical methods on protected waters without an Aquatic Operator's Permit issued by the Department of Natural Resources. Issuance of an 9 COMMISSIONER'S ORDER 2210 Sec. 10. VARIANCE. Any provisions of this order may be waived under special circumstan .c~ when deemed necessary by the Commissioner for the protection and preservation of the natural resources of the state. Sec. 11. DISCLAIMER. The State of Minnesota does not guarantee or certify the effectiveness of any particalar method or chemical, nor endorse or recommend any chemical, method or formulation. The State of Minnesota will not enter into disputes between manufacturers, operators, applicators, permittees and persons who have financed aquatic nuisance control work. Sec. 12. REVIEW. The terms, conditions or denial of any permit issued pursuant to this order may, within 30 days of receipt of written notice thereof, be appealed to the Commissioner by filing a written request for review. If written request for review is not submitted within said 30 days, the permit decision becomes final. Sec. 13. SEVERABILITY. The provisions of this order shall be severable, and the invalidity of any section, subsection or other part thereof shall not make void any other section, subsection or part. Commissioner's Order No. 1938 is hereby superseded. IOSEPH N. ALEXANDER, COMMISSIONER Department of Natural Resources , Signed luly 10, 1985 11