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HomeMy WebLinkAbout04/21/09 MINUTES OF THE LAKES ADVISORY COMMITTEE April 21, 2009 The Lake Advisory Committee (LAC) Meeting was called to order at 4:30 P.M. Members present: Harry Alcorn (Chair), Donna Mankowski (Vice Chair), Dan O’Keefe, Char Jasan, Liz Weninger. Others present: Ross Bintner (Water Resources Engineer) Steve Millar (City Council – LAC liaison), Mike Kinney (Watershed District Administrator), Gary Montz (MN DNR), Jane Kansier (Building and Transportation Services Director), Members of the public. I. CALL TO ORDER II. APPROVAL OF MINUTES (Jasan, O’Keefe 5:0) III. OLD BUSINESS A. Invasive Species UPDATE: Zebra Mussel found in Prior Lake – DNR: Alcorn introduced Gary Montz, Biologist from the Minnesota DNR. Montz stated that the DNR recently did a survey of Prior lakes and had confirmed the presence of zebra mussels. Montz and his research assistant went by boat to many corners of the lake and found specimens that show a self sustaining population of the invasive species is now infesting Upper and Lower Prior Lake. The Mussles were attached to rocks and wood on the bottom of the lake. Montz thought the mussel reproduced in the summer of 2008 and spread through the lake. The zebra mussel was show and described as having zebra stripes, and being small, no more than 1.5inches in length, in the shape of a “D”. Montz described the biology of the mussels larval stage, called a veliger. Montz asked for questions. Mankowski asked how to avoid the spread of the mussels, and what boat users must do, how much water can harbor zebra mussels, how long they live outside the water. Montz said boat cleaning is important, saying no plants should be attached to the boat because the mussel attaches to plants. Water should be drained from bilge water, live wells and bait buckets. The microscopic veliger “baby” phase are very fragile, and small amounts of water on the outside of the boat should not be an issue. Weninger asked what the chances are of the mussel moving up to spring lake. Montz explained that the adults are not mobile without human interaction, they don’t flow upstream. A boat is the most common vector of spread. Weninger asked if they attached to fish, Montz said no. Alcorn asked what to do to prevent spread. Montz 1 said the DNR uses watercraft inspectors and they work with lake associations on major events to help educate people. Alcorn asked what can be done proactively. Montz said there is no control for the zebra mussels, there is no way to kill them. Montz said dealing with nuisances that can be caused might be helpful – lifting the boat, or boat motor out of the water, so coolant system intakes are not clogged. O’Keefe asked if the DNR sees anyway to prevent the mussel from moving. Montz explained that since their arrival in north America no evidence of natural movement has been documented. They are very preventable, if boats, watercraft, docks, and large amounts of water are all addressed by the boating public and lake users. Since its arrival in 1991, only 10 inland lakes are infested. It all depends on boat users. Wisconsin has over 100, and Michigan has over 300 lakes infested. Jasan asked what the mussel will do to the quality of the water, and if there is any problem with pumping out of the lake for lawn irrigation. Montz can’t predict what happens to the water. There might be an increase in water clarity, because they are filter feeders and they strain out water clouding particles. More aquatic plants may grow. If large amounts take hold, fish populations could crash. Montz showed a photo of a clogged sprinkler intake full of mussels. Hot water is the best way to kill them. Winter ice will kill them as well. Questions were taken from the public. Lisa Rizzo - 1725 Shoreline Blvd Shakopee, asked if the mussels can be toxic or disease vectors for pets or children. Montz said that he knew of none. Rizzo asked if a boat rinse station installed at spring lake would work. Montz recommended against, saying the boat should be washed when it is take out of the infested water, and perhaps again at a car wash. Rizzo asked is there is any research on treatment for zebra mussels. Montz said there has been research done, but so far none are found. Chemicals can kill them, but they also kill fish. Rizzo asked what brochures can be given to the lake association to help distribute and educate people. Montz said the DNR has and education section and they plan to make them available. Mike Thibault – 16013 Northwood asked about the outlet, asking if there is any plans to limit the outlet, and if the pipe can be blocked by the mussel. Montz said the issue is under review but he expects because it is a natural outflow for flood protection it will not be shut down. Bintner asked that if the outlet flowed as late as July of last year, if downstream bodies might already be infested. Montz said there is a good chance. Michelle Gordenstroh 15331 Red Oaks Road SE asked if the DNR has a proactive monitoring program. Montz said the state has a volunteer network for monitoring and that it was a resident that 2 brought this infestation to the attention of the DNR. Gordenstroh asked about potassium being used in a Virginia lake to eradicate the mussels. Montz responded that the situation at that lake was very different, and that it was in fact an abandoned quarry, not a lake. With a small area, and no natural life a one time application could be applied with success. The practice is not applicable to Minnesota lakes. Mankowski asked about the inspection program. Montz said that boat inspectors work 40 hours a week, mostly on weekends during the busy period, so they can reach the most amount of boaters. The DNR plans to have greatly increased coverage of the Upper and Lower Prior Lakes. Partnership with lake associations is possible, as well as cost share. Jasan asked how they can grow so fast. Montz said they spawn above 55 degrees and can go from larval stage to one-half inch attached in short order. The mussels can live 2-4 years, and produce 500,000 eggs in a season, although many die of natural causes. Populations fluctuate as they find equilibrium with natural predators. Mankowski asked if any limitations will be placed on lake access. Montz said that is not likely and has not been done in the past with other infestations. O’Keefe said that zebra mussels were liked in lake Erie for clearing the water up. O’Keefe asked how native mussels are effected. Montz said that populations of native mussels crash with a zebra mussel infestation. Alcorn asked how many access the lake has and if the DNR would monitor all. Montz said only the public are monitored, unless the lake association partnership is used, and permission is granted to the DNR. Jim Weninger asked if mussels can travel upstream to Spring. Montz said no. Jim Weninger asked if birds can transport. Montz said highly unlikely. Alcorn asked if there have been any property value changes on other infected lakes. Montz said he didn’t know of any. Rizzo stated as a real estate agent, she’s see no lack of interest. Jasan asked if infested water is tracked. Montz said the DNR website has a list of infestations. John Brimski 5229 Candy Cover Trail asked if there has been any change in fisheries from other infested lakes, if freshwater drum can control. Montz said he’s not seen any crashes in Minnesota yet and there is no evidence that they dramatically lower the levels. Alcorn asked what percent of eggs survive. Montz estimated 90% mortality in the veliger stage. B. Watershed District (WD) Issues: i. WD Administrators Report - Mike Kinney: Kinney updated the LAC on WD issues. Kinney stated progress is being made at bringing the TMDL study to conclusion and get it 3 approved. Stakeholders have made basic agreements on process. The TMDL is at the MPCA being reviewed currently prior to stakeholder and public comment. The Prior Lake Outlet structure is planned for construction late this fall or winter. Easement acquisitions are underway currently. The current design does not require any gates to be opened. Mankowski asked if the CR 21 extension will effect the outlet channel. Kinney said the CR 21 project won’t effect the flow. Kinney said the outlet channel project should be nearly complete at the end of this year, major projects complete this year. Interfluve is working on the revised design. Kinney stated that the WD is updating its Water Plan and hopes to have its final draft for review soon. Bintner added that both the TMDL and WD Plan will both be routed through the LAC for review, adding that there are a lot of opportunities for partnership in the implementation of both documents. Mankowski asked if the outlet channel is regulated by the DNR. Kinney said the JPA requires that the WD inform everyone of the channel opening, but not the permission of the parties. Jasan asked difference of outlet box and channel in design and contracts. Kinney said the box is the sole responsibility of the WD, but the channel is owned by the WD and paid for under a Joint Powers Agreement. ii. Virtual tour of the watershed: Bintner suggested postponing this item for another day due to the meeting length. C. Surface Water Regulation - No wake and towing zones: Bintner introduced the topic saying this item was tabled at the March meeting and staff made changes as recommended by the LAC at the previous meeting. Two major issues remained; the establishment of the 6 no-wake navigational channels (navigational zones), and whether and to what extent to allow towing in either 150’ from shore no wake zones (shore zones), or the 6 navigational channel no-wake zones. Alcorn clarified that the first question under consideration was the 6 navigational zones. Alcorn noted that the 6 zones have traditionally been marked by the sheriff. O’Keefe asked what process might be used to add to this list, saying that breezy point/red oaks bay might qualify. Bintner said the process would be an ordinance revision, to include a new location explicitly as the proposed 6 locations. Mankowski said the lake association purchases the buoys for the sheriff. Upon further review, it looked like the 150’ zone covers that bay. Alcorn asked what criteria was used to choose the six. Bintner said the six chosen were traditionally marked by the sheriff. Alcorn asked what criteria to use, stating he didn’t want an arbitrary standard. Bintner 4 suggested a criteria for marking might be if a constriction is in question, and does clearly qualify for no-wake under the 150’ from shore provision. Alcorn suggested that a clear definition be made, not wanting to be arbitrary. Mankowski suggested that past experience placed these navigational zones where they are. The criteria is based on the sheriff deputies best judgment. Bintner stated that state statute allows the City to describe these zones, not defining criteria. Alcorn stated that criteria like risk, traffic, and safety be chosen as guidelines to choose what zones are chosen and navigational zones. Bintner stated that the intent section of the ordinance spells out the purpose, and safety is a criteria, the standards are in the ordinance already. Weninger said 4 of the 6 areas are strictly navigational channels. Jasan said from her experience, the Lords Street channel buoys were very well received, saying it slowed boat traffic and is safer. Jasan said since the level of the lake, and width of channels fluctuates, the zones provide clarity over the 150’ rule. Mankowski stated that prior to no-wake buoys the issue caused controversy, some bays the sheriff doesn’t need buoys because it is clearly less than 300 feet. O’Keefe said due to water level changes he supported the six Motion to recommend six zones as logical. Alcorn agreed. zones to City Council - O’Keefe/Weninger Passed (5:0) Bintner introduced the second question stating there was a lot of confusion at the prior meeting about what is currently allowed, whether towing is allowed through a channel right now. 703.500 “Towing Restrictions” currently reads “No watercraft towing a person on waterskis, innertube, aquaplane or similar device shall be operated at any time within 150’ of shore; provided, however, that any watercraft launching or landing a person on waterskis, innertube, aquaplane or similar device by the most direct and safe route to open water or shore shall be exempt from this provision.” Bintner said he concluded that a transit of the zone would be illegal under the current ordinance, but launching out of, or landing into a zone is allowed. The LAC had discussed some of these items via email and some topics of concern were potential safety hazards of the logistics of towing through navigational zones, and potential boat capacity issues. Mankowski said she was surprised the DNR didn’t regulate the people on a towable against the capacity of the boat. Mankowski said the safety issue is paramount in the navigational channels. Alcorn asked if the prohibition on towing through channels is new. Bintner said the ordinance currently restricts a transit through a zone, but the exception allows launching or landing in the no-wake zone. O’Keefe asked if you can tow through a channel now. Bintner said you can be towing in a channel zone, provided you are launching or landing. This grey 5 area was part of the sheriff deputies concern. Alcorn asked why his version of the change document shows 703.500 highlighted, if it hadn’t changed. Kansier said the formatting that moved the section caused the highlight, that 703.502 is the new language, and that 703.501 was only changed to simplify “towables.” O’Keefe said the way it is reworded changes the intent, saying towing through a no- wake was allowed. O’Keefe said he supports an ordinance revision that allowed towing through navigational channels. Alcorn asked about a personal watercraft towing through a channel. Mankowski said she preferred to allow towing in the 150’ zone if it were towing at slow no-wake speed, but not through navigational channels. O’Keefe said no-wake should not be no-towing too. Bintner said the ordinance is not structured that was at the current time, but the LAC could recommend to make the distinction. Millar asked about people who live in the channel, asking can they leave from their property with a towable. Jasan said that is true, saying some properties there have an issue with that. O’Keefe said 703.501 shouldn’t restrict a slow transit towing out of one of the bays. Alcorn said there was no reports of injury last year. Bintner suggested the committee has issue with the blanket 150’ zones, and might consider splitting them into navigational areas, and 150’ near shore areas and then deciding the towing in each. Bintner summarized potential recommendations under the current ordinance from most permissive to least permissive. 1) A recommendation from the LAC to allow towing near shore and/or navigational zones. 2) A recommendation allowing launching or landing into navigational areas. 3) A recommendation disallowing all towing in channels. Bintner said the proposal in front of the LAC seems to take the status quo (option 2), and make it more restrictive (option 3). Bintner suggested the LAC has been asked for a recommendation and should weigh in on the potential recommendations. O’Keefe said he is not in favor or making it more restrictive and would prefer a less restrictive towing restriction. He would only support a restriction on towing at wagon bridge. Alcorn said the majority of time towing in channels is not an issue, only on some nights and weekends of peak use is it a problem. Good boat safety practice should suffice. Alcorn stated that more details should be considered before a recommendation is made. Jasan asked if 703.502 was the proposed addition. She said she was in favor if promoting safety and appreciated the sheriff working proactively. Alcorn stated that the towing at nowake speeds should be allowed in the 150’ zone. Weninger suggested a speed restriction could be added to the near shore zone to allow towing in that zone. Jasan said she found150’ towing from shore is acceptable. Bintner stated 6 the slow-no-wake speed is already defined as 5 miles or less in ordinance. Mankowski said the sheriff brought this to the lake association ahead of the LAC, and she didn’t sense that he wanted to prohibit near shore slow tubing, but instead the problems he saw at Reeds Island with all the wake and overturning of towables, and the long path at wagon bridge. Safety should be a priority, but the most restrictive option goes too far. Alcorn said careless boating should be used as a tool by the deputy rather than increasing towables standards. Mankowski said it is similar to the seatbelt Motion to recommend allowing law, ramping enforcement. towables within 150 at a no wake speed, and remove restrictions on towing through channels. – O’Keefe/Alcorn Failed (2:3). Jasan suggested we table the motion, Mankowski asked for clarification on DNR approval. Bintner said in any case DNR must approve. Mankowski and Weninger clarified that votes would be the LAC recommendation to City Council. Motion to recommend disallowing towables with passenger within 150’ zone, and restrict any towing through channels. – Weninger/ Failed no second. Millar asked why the deadline by the next council meeting. Kansier stated the goal was to get the ordinance to the DNR by early may to meet the boating season. The City Council chose to have the public hearing at the LAC level and that has been done. Mankowski stated that she was surprised that 703.500 restricted towables in the no wake zone and said she would favor tabling any towable recommendation. Motion to table and recommend that City Council direct LAC to further study towables and potential restrictions. – Mankowski/Weninger Passed (5:0). Millar stated he saw no problem with continuing the motion since current ordinance covers the issue. Jasan and Alcorn suggested that information be collected from neighboring lakes. Alcorn asked Millar to represent the towable issue to his fellow councilors, saying further study is needed because of the relationship between the zones as it relates towables restrictions. IV. OTHER BUSINESS V. STAFF UPDATE VI. NEW BUSINESS VII. ADJOURNMENT 7 ADJOURNMENT THE MEETING WAS ADJOURNED AT 7:30 P.M. Respectfully submitted, Ross Bintner Water Resources Engineer 8