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HomeMy WebLinkAbout10/20/93 MINUTES OF THE LAKE ADVISORY COMMlT'l~ October 20, 1993 The Lake Advisory Committee meeting was called to order on Wednesday) October 20, 1993 at 6:40 p.m. Members present were: Bill Packer) Peter Patchin) Dave Vinlove, Tom Watkins) and John Wmgard. City staff members present were: City Manager Frank Boyles and Water Resources Coordinator Joel Rutherford. Members absent were: Dave Moran and Jody Stroh. The first item on the Agenda was to approve the Minutes of the meeting of September 15) 1993. Vmlove questioned if there was a discussion during the meeting about evaluating) after one year) any ordinance that may be adopted. Although some members did not recall that discussion) members agreed it would be a good idea to have an evaluation, after one year. Boyles indicated that the LAC could conduct such a review. Often times the ordinance will be reexamined if they prove ineffective or difficult to administer. It was suggested the minutes reflect that the Lake Advisory Committee members responded to the comments made from those in the audience. MOTION BY WATKINS, SECONDED BY PATCHIN TO APPROVE THE Slli-"l'~MBER 15, 1993 MINUTES, AS AMENDED WITH LANGUAGE TO REFLECT THE COMMITl'~ MEMBERS RESPONDED TO COMMENTS FROM THE AUDIENCE. MOTION CARRIED UNANIMOUSL~ The next item was to discuss a proposal to conduct a staff sponsored Public Forum regarding the proposed surface water use ordinance. Frank Boyles presented an outline he had prepared) and asked for input from the committee members on any suggestions or comments they may have regarding meeting format. It was agreed it will be important to establish some "rules" for the meeting to maintain continuity) decorum) and to assure the comments made are pertinent to the discussion. The location for the public forum was discussed, along with when would be the best time. After evaluating the various options, it was agreed the forum should be held sometime in December) with City Council consideration in January. Boyles indicated he would check with the School District) to find out if the meeting could be held in the High School auditorium. Members suggested the agenda for the Public Forum should include a history of the existing code) as well as the history of the recommendation made by the LAC to the City Council. Enforcement problems were discussed) and how questions about these problems will be handled at the forum. Packer asked that Rutherford conduct a survey of metro 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER ----'-',..--.--'---..T'.".'-,.,-'---.-- communities, to determine how other cities enforce ordinances dealing with lake surface use. The next item on the agenda was a discussion of terms for the Lake Advisory Committee members. A copy of the city's 'Thrm Limit Policy was handed out, and members discussed the intent and interpretation of this policy. It was agreed that for the November meeting, members whose terms will expire, should let Rutherford know if they wish to be reappointed for another term. Members who wish to resign should write a letter of resignation. When all members have responded, the City Council will be presented with this information. Rutherford was asked to verify the intent of the 'Thrm Limit Policy prior to the next meeting. The meeting of the LAC was adjourned at 7:55 PM. Respectfully submitted, The next Lake Advisory Committee meeting is scheduled for Wednesday, November 17, 1993 at 6:30 p.m. '-'~~'~------------'"---T-----' AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: -, ,- STAFF AGENDA REPORT 6A JOEL RUTHERFORD, WATER RESOURCES COORDINATOR CONSIDER SUPPORTING AND SPONSORING THE PRIOR - SPRING LAKES IMPROVEMENT PROJECT AND CONSIDER ADOPTING RESOLUTION 93-87 OCTOBER 18, 1993 The purpose of this Agenda item is to consider sponsorship of the Prior - Spring Lakes Improvement Project, which is a six year work plan being proposed by the Prior Lake/Spring Lake Watershed District. This project includes an implementation plan which includes improvements designed to improve water quality in the lakes, wetlands and other water bodies of the watershed. As part of this sponsorship, the City would support the Watershed in their application for a Clean Water Partnership Phase II - Project Implementation Grant. This Grant, if awarded, would provide approximately 50% cost share for most of the projects. The Watershed has indicated the application deadline for this grant is late October of this year. If the Council elects to be a sponsor of this project, the City would be eligible for matching funds to help pay for storm water capital improvement projects implemented over the next six years. The Council is being asked to adopt the attached resolution which authorizes the Watershed District Manager to be the project representative. The resolution also indicates the estimated cost of the entire project, as well as the estimated costs to the City if all the projects are completed. If a grant is awarded, the Council will be asked over a six-year period to consider the projects included in the plan for which the City is the "Lead Local Agency". This consideration would be done during the normal budget process. If the Council elects to budget money for these future projects, and the projects are implemented, the City would receive the funds awarded as part of the grant. -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER ,-- BACKGROUND: DISCUSSION: If a grant is not awarded, the City could either choose to look at alternative funding sources, or reject projects for which funding is not available. Through the EPA's Clean Lakes Program, the Prior Lake/Spring Lake Watershed District has completed a Implementation Plan for the Diagnostic/Feasibility Study of Prior and Spring Lakes. This implementation plan includes several projects, all of which have the goal of improving water quality in the watershed. Several of the projects are capital improvement projects which would benefit Upper and Lower Prior Lakes by helping to reduce phosphorus levels and other nutrients which have caused degradation of the lake waters. One project will be used to inventory water quality basins in the watershed. Other projects included in the plan are education projects which will show residents how they can help reduce the amount of nutrients getting into our water bodies. The funding for this implementation plan would come from various agencies and from a grant, if awarded. The watershed district is asking the city to support and help fund this program. The implementation plan proposed by the watershed district includes many projects. The complete study, which is about 2 inches thick, is available for review at City Hall. However, an Executive Summary for this study has been included with this report. The Diagnostic/Feasibility study was completed by Montgomery Watson, the consulting firm hired by the Watershed District. To be eligible for a Clean Water Partnership Phase II - Project Implementation Grant, a study was required which included an implementation plan. The Watershed District and City staff have worked together to include projects in this plan which are part of the City's preliminary stormwater capital improvement program. By receiving grant funds, these projects could be partially supported with grant money. It should be made clear that the resolution, proposal, and any commitment by the City, at this point, is contingent on a grant being awarded. The Watershed District has committed to a project whether a grant is awarded or not. Their project list, however would most likely be scaled back without the financial support of a grant. The City has also made a commitment (through the establishment of a storm water utility fee) to complete projects designed to improve water quality. The purpose of the proposal submitted by the watershed is to apply for a grant to help fund the projects already determined to be important. If the grant is not awarded, it is understood a different approach is necessary to complete the projects proposed. .2- An award of a grant would be based on the premise that the completed plan would improve water quality to a degree as indicated in the study. However, there will be flexibility in the future as to how those improvements in water quality will be obtained. The project list and schedule, as included in the application, will be re-evaluated, and possibly revised, each year. The council will be given an opportunity to alter some of the projects if higher priority projects are identified in the future. A summary of projects the City is being asked to help sponsor is listed below. Attached to this report is Exhibit 1 which summarizes the project costs. Signage and Street Sweeping Coordination is part of the Public Information/Education program. Because the City already has a street sweeping program, the main expenditures for this item would be to stencil certain catch basin areas with "Drains to Prior Lake", or something similar, to alert residents that anything entering the storm sewer, including grass clippings, etc., will end up in the lake. The cost for this project is from in-kind service of 82 hours. Water Quality Basin 1 Improvement is the impoundment structure proposed at Holly Circle and Cates Street. The City received a grant from the Minnesota Board of Water and Soil Resources (BWSR) for half the cost of this project, up to a certain amount. However, when the bids were 2 1/2 times the engineer's estimate, the project was canceled. If the PUSLWD receives their grant, and the City receives an extension for the BWSR grant, it may be possible to construct the structure with almost 100% grant money. It may require reducing the scope of the project slightly to lower the construction costs, an option already suggested as a way to get the project completed. Water Quality Basin 4 Improvement is to convert a pond near Beach Street from a dry pond to a wet pond. This project was included in the plan with the assumption that a valve was never installed, and therefore the pond would remain dry if not improved. However, a valve was installed, so this project may involve improvement by enlarging the capacity of the pond, to provide additional storage of sediment, or a different project may be substituted later. A Water Quality Basin Inventory has been scheduled to be included in the Comprehensive Storm Sewer plan which should be completed this winter. The Lake-wide Aquatic Macrophyte Management Plan is necessary to facilitate a long-term comprehensive aquatic macrophyte management plan, including the control of Eurasian Water Milfoil. -3- .--. An Aquascaplng plan is a promotion to educate lake shore owners of the benefits proper shoreline landscaping can have on water quality in the lakes. Monitoring of Spring and Prior Lakes has been proposed for 1996 and 1999, to determine the effectiveness of the projects in the implementation plan. A Ferric Chloride System is proposed for installation along County Ditch 13 at the outlet of an existing sediment basin. The precipitant, iron in this case, causes flocculation, which precipitates phosphorus and solids to the sediments. By increasing the rate of precipitation of soluble phosphorus, less is available for algae growth in the lake. In summary, the request for sponsorship by the PUSLWD is a very reasonable proposal, which allows the city and watershed district an opportunity to work together on many issues both are committed to. The City has already begun planning for many of the projects included in the proposed implementation plan. The PUSLWD has taken a step further, however, by rating the projects, and including them in a comprehensive study, with projected costs and benefits. If the city commits to being a sponsor, any grants that ~ be awarded will help the city pay for some projects originally assumed to be paid entirely out of the city's budget. If a grant is not awarded, a different approach would be necessary. The City will be the lead local agency, responsible for completing a few of the projects listed above. In those cases, if the city chose to construct a project other than those indicated in the proposal, that would be an option the grant would allow. However, to receive the grant it would need to be shown that the benefits of the new project are the same or better than the benefits from the project rejected. The resolution included in this report will support the Watershed's Project, and agree to identify the Executive Director of the Watershed District as the Project representative. It commits financial support, in an amount not to exceed $74,134, and staff labor, not to exceed 82 hours. These dollars would come from the storm water utility fee, spread out over the next 6 years. Again, these commitments are all contingent on receiving grant funds. The Lake Advisory Committee was given a presentation by Paul Nelson of Montgomery Watson at their meeting on September 15, 1993. They unanimously support the proposed sponsorship, and staff labor as outlined in the Watershed District's proposal. -4- BUDGET IMPACT: Over the six year duration of the project, funds from the Storm Water utility fee, which in 1993 will generate approximately $103,000, would be used for this project. If fully implemented the total cost to the City would be about $76,104 or $12,700 per year. Many of these programs and projects were proposed to be implemented and paid for through the funds generated by the storm water utility fee. Upon completion of the City's local comprehensive Storm Water Management Plan, a thorough study on the programs and funding alternatives will be presented to the Council. ALTERNATIVES: The alternatives are as follows: 1. Adopt Resolution 93-87 2. Do not adopt Resolution 93-87 RECOMMENDATION: Adopt Resolution 93-87 ACTION REQUIRED: The action required is for the City Council to adopt Resolution 93-87. LACAG1.WRT -5- Exhibit 1 . SummBIY of Costs /- PROJECT CITY'S TOTAL PROJECT OTHER AGENCIES DESCRIPTION COST COST PARTICIPATING SignagelStreet $1,970.00 $1,970.00 Sweeping Coordination Other Public 0.00 $64,200.00 Scott County Ext. Information/Education PUSLWD Water Quality Basin $30,000.00 $60,000.00 Grant 1 Improvement Water Quality Basin $3,885.00 $7,770.00 Grant 4 Improvement Water Quality Basin $4,475.00 $17,900.00 PUSLWD Inventory Grant Aquatic Macrophyte $3,804.00 $25,220.00 PUSLWD Management Plan MnDNR Grant Aquascaping $1,250.00 $5,000.00 PUSLWD Grant Monitoring $8,520.00 $68,170.00 PUSLWD Grant Ferric Chloride $0.00 $38,200.00 PUSLWD System (installation) Grant Ferric Chloride $22,200.00 $44,400.00 PUSLWD System (0 & M for 6 years) Fertilizer $0.00 $28,000.00 Scott County Ext. Management Incentives Grant Conservation Tillage $0.00 $28,000.00 Scott County Ext. Equipment Grant Aeration System $0.00 $212,190.00 PUSLWD Grant Wetland Restorations $0.00 $117,690.00 PUSLWD Grant Other Projects $0.00 $55,360.00 PUSLWD Scott County Ext. Scott County SWCD Grant TOTAL $76,104.00 $774,070.00 -6- RESOLUTION 93-87 ,-. RESOLUTION IDENTIFYING PROJECf REPRESENTATIVE AND AUTHORIZING A PHASE IT APPUCATION BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the Oty of Prior Lake hereby designates William Dilks, Executive Director, Prior Lake-Spring Lake Watershed District as the Project Representative for the Prior-Spring Lakes Improvement Project and proposed Clean Water Partnership Phase IT - Project Implementation Grant. The Project Representative shall have the authority to represent the City of Prior Lake in all matters that do not specifically require action by the Prior-Spring Lakes Improvement Project sponsors. The Minnesota Pollution Control Agency (MPCA) shall direct Clean Water Partnership Application correspondence to the Project Representative and shall consider correspondence from and actions taken by the Project Representative to be that of the Prior-Spring Lakes Improvement Project sponsors, including the Oty of Prior Lake. BE IT FURTHER RESOLVED by the City of Prior Lake that the Project Representative designated above is hereby authorized to submit to the MPCA a Clean Water Parmership Phase D - Project Implementation Grant Application for the Prior-Spring Lakes Improvement Project. BE IT FURTHER RESOLVED by the City of Prior Lake that the total project cost of the Prior-Spring Lakes Improvement Project is expected to be $774,070. In addition, the City of Prior Lake shall provide up to $51,934 in grant matching funds, and other costs, for the six year duration of the project. The City of Prior Lake also agrees to provide up to 82 hours of staff labor valued at $1,970, and 50%, up to $3,700 per year, of the annual operations and maintenance cost of the ferric chloride addition system for the six year project duration. The total cost to the City for the six year project would be a maximum of $76,104. BE IT FURTHER RESOLVED by the City of Prior Lake that on a yearly basis, the projects included in the proposed plan for which the Oty is the "Lead Local agency", will be evaluated to detennine if the project will be delayed or if alternative projects should be implemented. Any alternative projects would be required to meet or exceed the benefits obtained from the projects included in the original plan. Passed and adopted this 18th day of October, 1993. YES NO Andren Fitzgerald Kedrowski Scott White Andren Fitzgerald Kedrowski Scott White Frank Boyles City Manager { Seal } - -7- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER EXECUTIVE SUMMARY ( This report presents the results and recommended Implementation Plan for the Di8&'Dostic/Feasibllity Study on Prior and Spring Lakes. The project was a joint effort and was funded by the Prior Lake/Spring Lake Watershed District (PSlSL WD) and EP A through a 50% cost share in the Clean Lakes Program. The State of Minnesota's Pollution Control Agency (PCA) provided technical review and project management. DIAGNOSTIC STUDY The Diaenostic Study included a 12-month water quality monitoring program and subsequent data and land use assessments which characterized the sources of water quality problems on the lakes. The Feasibility Study evaluates the various altematives for water quality improvement and develops the Implementation Plan for the project. Spring, Upper Prior, and Lower Prior Lakes are important recreational resources. Spring Lake is a focal point for the planned Regional Park which will include a swimming beach. Upper and Lower Prior Lakes are connected, have public access and swimming beaches. Algal blooms are the primary problems restricting desired uses of Spring and Upper Prior Lakes. These blooms are excessive during the growing season with chlorophyll-jl concentrations averaging 45 J.Lg/l and 35 J.Lg/l for Spring and Upper Prior Lakes, respectively. Blooms of this magnitude place both lakes in the worst 33% of lakes in the Central Hardwoods Region. Lower Prior Lake has much better water quality and is in the best 33% of lakes in the Central Hardwoods Region. Primary productivity (algal growth) in Upper Prior and Lower Prior Lakes is clearly limited by the availability of phosphorus. Primary productivity in Spring Lake is not always phosphorus-limited. This is due to extremely high phosphorus concentrations in Spring Lake, making it overly abundant. Even though Spring Lake is not always phosphorus- limited, phosphorus is still the primary pollutant targeted for reductions for several reasons: · Phosphorus levels can be reduced to the point where it again'becomes limiting. · It is generally easier to reduce phosphorus than other nutrients. ES-l (r- · The aleal species dominating Spring Lake are blue-greens which caD. fix their own nitrQiren. · Reducing nitrogen without equal or greater reductions of phosphorus could give a greater competitive advantage to blue-green a~ae. · Primary productivity in Upper Prior Lake, which receives 55% of its phosphorus budget from SPI'inc Lake, is clearly phosphorus-limited. The direct watershed area to Spring Lake encompasses 13,250 acres. This large watershed gives Spring Lake a relatively short hydraulic residence time of 1.3 years. The western portion of the direct watershed to Spring Lake is dominated by agrlculturalland uses. These uses consist primarily of row crops. Approximately 23% of the direct watershed to Spring Lake is highly erodible soils. Streams from these watersheds contribute 41% of the total phosphorus load to Spring Lake. Because of the large amount of highly erodible land and the high phosphorus loading to Spring Lake. these subwatersheds were classified as high priority for implementation of agricultural Best Management Practices (BMPs). Internal phosphorus loading is significant in Spring Lake. Internal loading is estimated to contribute 33% of the total phosphorus load in Spring Lake. Internal loading causes the buildup of soluble reactive phosphorus within Spring Lake. This form of phosphorus is the most readily available form for algal uptake. Approximately 60% of the phosphorus in Spring Lake is soluble. Management of soluble phosphorus and intemalloading in Spring Lake will be important for improving Upper Prior Lake as well as Spring Lake. Upper Prior Lake has a relatively small lake volume. This gives the lake a short hydraulic residence time of 0.2 years and means that controlling external phosphorus sources are particularly important for improving the lake. Prior Lake receives 55% of its phosphorus from Spring Lake. Thirty-five percent of the remaining phosphorus load comes from the direct drainage area to Upper Prior Lake. Much of the shoreline is highly developed. Lawn maintenance to the water's edge is a common practice. In addition, city areas south of the lake are heavily developed. Few opportunities exist for storm water system retrofits or for new stormwater . quality basins. Public education will be important for urban areas surrounding Upper Prior Lake. ES-2 ,,- The water quality of Lower Prior Lake is fairly lood. However. there are significant development pressures. particularly along the north shore of the lake. Wise development will be important in mainblining the quality of Lower Prior Lake. FEASmILITY STUDY In the Feasibility Study. a number of alternatives were evaluated to reach phosphorus concentration loals. These alternatives ranle from administrative alternatives such as fertilizer manalement education programs to structural alternatives such as wetland restoration. Each option was evaluated for potential water quality benefits. estimated initial and lonl-term (operation and maintenance) costs. and technical feasibility. The most technically soWld and cost-effective options were incorporated into the Implementation Plan for improving the lakes. Special consideration was given to alternatives that address problems and reduce pollutant loadings at their source. and to alternatives that have the potential to reduce runoff' as well as phosphorus. The Feasibility Study also identifies numerous existing water qualit)' initiatives by the PUSLWD and other local agencies. The Implementation Plan was designed to complement these existing initiatives, particularly land development regulations. Parts of the PUSL WD are currently experiencing rapid urban development. Areas without sewer are being developed as single family lO-acre lots. The Implementation Plan improves regulation of this transition through revised wet pond design criteria, by developing methods for ensuring maintenance of water quality facilities. and by public education efforts. The final plan includes the following elements: · A public information/education program which will focus on fertilizer management. yard waste management. septic system maintenance. enlisting public support, and improving non-point source pollution prevention practices by local landowners. · Amendments to the District's 509 Plan including revisions to water quality pond design criteria. clarification of responsibilities for m~taining storm water facilities, and amendments to protect landlocked basins. ES-3 ( · A fertilizer 'rftAnAiement incentive proiI'8JD to enco~e aaPicultural operators in the priority watersheds to utilize soil tests and man~e arncultural nutrients that will achieve profitable crop production and reduce nutrient runoff: · Promotion of no-till farming through the purchase of a no-till drill for use by farmers in the priority watershed. · Promotion of aquascaping as a means of establishing residential shoreline buffers. · Modifications to existing stormwater basins to improve phosphorus sedimentation and reduce phosphorus loading to the lakes. · The restoration of four priority wetland areas to reduce the phosphorus load to Spring Lake. provide flood storage, and wildlife habitat. · A ferric chloride chemical feed system to reduce the inflow of dissolved phosphorus from County Ditch 13 to Spring Lake. · Aeration of Spring Lake to reduce internal cycling of phosphorus. · Development of lake-wide aquatic macrophyte management plans to facilitate long-term comprehensive aquatic macrophyte management following treatment of Eurasian water milfoil. · Improvements to a northern pike spawning area on Lower Prior Lake. The estimated cost of implementing the plan over the m-year project duration is $774,070. Implementation of the plan will reduce phosphorus loading to Spring Lake. Upper Prior Lake. and Lower Prior Lake by 40%. 30%, and 20%. respectively. These reductions will significantly reduce the frequency and severity of algal blooms. A reduction in algal blooms will also decrease the volume of OTganic matter which contributes to sediment oxygen demand. Reducing algal blooms will also increase water clarity. The improved conditions will be sufficient to change Spring Lake from non-supporting to partially supporting swimming. Water clarity in Upper Prior Lake will increase by an estimated 0.8 feet. ES-4 \,....- One consequence of improvme water clarity may be an increase in the erowth of aquatic macrophytes (weeds). Increased light penetration may allow weed growth into deeper waten. This should be viewed as improving the bioloeica1 health and diversity of the lakes. This change will also be addressed as part of the aquatic macrophyte TnJln8gement plans. ES-5