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Home My WebLink About4D - Eurasian Milfoil Control STAFF AGENDA REPORT AGENDA NUMBER: PREPARED BY: SUBJECT: 4D FRANK BOYLES, CITY MANAGER CONSIDER APPROVAL OF PRIOR LAKE SPRING LAKE WATERSHED DISTRICT AGREEMENT REGARDING CONTROL OF EURASIAN MILFOIL. APRIL 7, 1997 DATE: BACKGROUND: Last October 7, the City Council received a report from Jody Stroh, Chair of the Lake Advisory Committee. At that same meeting the City Council concurred it would be appropriate to enter into an agreement identifying the relationship between the Lake Advisory Committee and the Watershed District with regard to Eurasian Milfoil control and education. The City Attorney prepared a redraft of the agreement (attached) which is responsive to the Council's direction. This agenda item recommends approval of the final agreement for this purpose. DISCUSSION: The City Attorney has been working with the attorney of the Watershed District to finalize the agreement for approval. At their last meeting the Watershed District approved the attached agreement. ISSUES: The revised agreement addresses the concerns Councilmembers and members of the Watershed have articulated when this item has been before you. ALTERNATIVES: 1. Adopt the agreement as is and authorize the Mayor and City Manager to execute it. 2. Defer further action on this issue. 16200 Ugt~o:OOlk Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RECOMMENDATION: ACTION REQUIRED: REVIEWED BY: 47974D.DOC Alternative No.1, Execution of the agreement to provide a written basis upon which the Lake Advisory Committee and Watershed can continue their ongoing education and ongoing milfoil control efforts. CAMPBELL, KNUTSON, SCOTT & FUCHS, EA. Attorneys 3t Law * * * AnJrea McD(lwell Poehler Matthew K. Brokl* Jdm F. Kelly Marguerite M. McCarron , ~ phenson Thomas J. Campbell Ruger N. Knutsun Thmnas M. SCl)rt Gary G. Fuchs James R. W,tlsron Elliott B. Knetsch Suesan Lea Pace (612) 452-5000 Fax (612) 452-5550 W iscnn...,m Writer's Extension: 212 Writer's Fax: 452-5550 March 12, 1997 Mr. Frank Boyles City Manager City of Prior Lake 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 Re: City of Prior Lake / Prior Lake-Spring Lake Watershed District Agreement Regarding Control of Eurasian Milfoil Our File No. 3693/045 Dear Frank: Please be advised that Jim Bates of Huemoeller & Bates advised us this morning via voice mail that the Prior Lake-Spring Lake Watershed District Board approved the Agreement Concerning the Control of Eurasian Milfoil between the City and the District without further revisions. A copy of the Agreement is enclosed. I have also forward two originals to Mr. Bates for execution by his client. Please call if you have any questions or concerns, or need anything further regarding this matter. Thank you. Sincerely, CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. By: Suite 317 · EaganJa1e Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 AGREEl\1ENT BETWEEN THE CITY OF PRIOR LAKE AND THE PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT CONCERNING THE CONTROL OF EURASIAN MILFOll... 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 Milfoil. 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, which includes the City of Prior Lake. 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 1995, 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 administrative support from the CITY 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 enter into an Agreement which sets out the role, responsibilities and undertakings 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 Pu1l'ose. The purpose of this Agreement is: (a) to acknowledge the DISTRICT's ongoing responsibility for all aspects of Eurasian Milfoil control; (b) to recognize the past efforts by the CITY's Lake Advisory Committee; and (c) subject to a Grant from the DISTRICT to set out the role and responsibility of the CITY, and the role and responsibility of the DISTRICT pursuant to this Agreement. 42894.04 -1- ,'I' AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND THE PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT CONCERNING THE CONTROL OF EURASIAN Mll..FOll... 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 Milfoil. 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 Mitfoil 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, which includes the City of Prior Lake. 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 milfoit control measures. D. Since 1995, 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 administrative support from the CITY 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 enter into an Agreement which sets out the role, responsibilities and undertakings 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 Purpose. The purpose of this Agreement is: (a) to acknowledge the DISTRICT's ongoing responsibility for all aspects of Eurasian Mitfoil control; (b) to recognize the past efforts by the CITY's Lake Advisory Committee; and (c) subject to a Grant from the DISTRICT to set out the role and responsibility of the CITY, and the role and responsibility of the DISTRICT pursuant to this Agreement. 42894.04 -1- 2. The responsibility for water resource management; including implementation of the PROJECT for which it specially assessed funds, remains with the DISTRICT. The DISTRICT's Eurasian Milfoil PROJECT is intended to manage the spread of Eurasian Water Milfoil through a program of inspection, treatment and education. The DISTRICT desires to provide the CITY with funding to assist the DISTRICT in its efforts to manage Eurasian Milfoi!. 3. The DISTRICT will allocate from its funds, a sum of money to the CITY for the administration of the PROJECT. From time to time, at the request of the CITY, the DISTRICT will provide the CITY with funding to undertake certain elements of the PROJECT described in a Work Plan. The Work Plan will describe what activities the Lake Advisory Committee will undertake to limit the spread of Eurasian Milfoil through funds provided by the DISTRICT. 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 Work Plan for the PROJECT and for the proposed use of the funds. The DISTRICT through its Board of Managers, must concur in the CITY's Work Plan for the PROJECT. The CITY shall not implement any activity in furtherance of the PROJECT until it receives the funds from the DISTRICT. 4. Cooperation Generally. 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 PROJECT or this Agreement. 5. 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. 6. 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. 7. Distribution of Property. In the event of a rescission or termination of this Agreement, all property or surplus monies provided to the CITY by the DISTRICT to undertake the Work Plan 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. 8. Nature of Relationship. This Agreement is intended to create a contractual relationship between the CITY and the DISTRICT. Any actions taken by the CITY in furtherance of the Work Plan, or pursuant to this Agreement shall not make the CITY an agent, independent contractor or employee of the DISTRICT. . 9. Liability. Pursuant to Minnesota Statute Section 466.03 Subd. 6, the CITY is undertaking administration of the PROJECT as a discretionary act. The CITY shall be fully responsible for any damages and claims asserted against the CITY for the negligent acts of its elected and appointed officials, its employees, agents and its successors and assigns. Subject to Minnesota Statutes Section 466.03 Subd. 6, the DISTRICT shall be responsible for any damages or claims asserted against the DISTRICT for the negligent acts of its appointed officials, employees, contractors and its successors or assigns. 42894.04 -2- IN WITNESS WHEREOF, the parties have signed this Cooperative 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: Drafted By: CAMPBELL, KNUTSON, SCOTI' & FUCHS, P .A.. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 SLP:kgm (3693/045) 42894.04 -3-