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HomeMy WebLinkAboutItem 071 Aril 1, 2010 \�-..-� Item No. / April , APPROVE AGREEMENT FOR ENGINEERING SERVICES WITH BLUE WATER SCIENCE, GRANT AGREEMENTS WITH DNR AND VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND AGREEMENT WITH MIDWEST AQUACARE AND PLM FOR CHEMICAL CONTROL Proposed Action Staff recommends adoption of the following motion: Move to approve the 2010 Agreement for Engineering Services with Blue Water Science and its associated tasks, the grant agreement with the Department of Natural Resources (DNR), the grant agreement with the Vermillion River Watershed Joint Powers Organization (VRWJPO), and the agreements with chemical applicator contractors to conduct chemical control on Orchard Lake, Valley Lake, and Lee Lake. Overview (see attached) Primary Issues to Consider • DNR wetland 349W is a large wetland -40 acres located in East Community Park. The wetland has poor water quality. The VRWJPO grant allows the City to identify issues and provide a strategy for improving the water quality. • The DNR has approved Orchard Lake to be a part of their ongoing study/grant program for the full lake treatment of Curlyleaf. Being a part of the program allows the City to treat a much larger area then would normally be permitted by the DNR. Supporting Information • Environmental Resources 2009 Quarterly Reports and proposed lake projects for 2010. • Agreement for Engineering Services with Blue Water Science. • Grant agreement with the DNR for full lake treatment on Orchard Lake. • Grant agreement with Vermillion River JPO for DNR Waterbody 349W in East Community Park Assessment Projects. • Agreement with Midwest AquaCare for treatment on Lee and Valley Lake. • Agreement wo PLV for herbicide application at Orchard Lake. McKenzie erty Environmental Resources Manager Financial Impact: $75,386 Budgeted: Y/N: Y Source: 2010 Surface Water Budget Related Documents (CIP, ERP, etc.): Notes: Council Report Page 2 Overview Attached are the Environmental Resources 2009 Quarterly Reports, the proposed Lake Projects for 2010, and copies of the agreements. Steve McComas of Blue Water Science will be present at the April 5t" City Council meeting to present his findings from 2009 and to discuss the proposed tasks for 2010. • Blue Water Science consultant's fee for services shall not exceed $57,200. The VRWJPO has awarded the City a $9,000 grant toward the feasibility study and assessment of DNR Waterbody 349W in East Community Park. The City will be responsible for the remaining $48,200. All work proposed for 2010 is budgeted in the 2010 Surface Water Budget, which currently has $135,800 budgeted for lake projects throughout the City. City Staff recommends approval of the 2010 Agreement for Engineering Services with Blue Water Science and its associated tasks. • Midwest AquaCare has submitted an agreement for services not to exceed $4,686 for proposed work at Valley and Lee Lake. All work proposed for 2010 is budgeted in the 2010 Surface Water Budget, which currently has $135,800 budgeted for lake projects throughout the City. City Staff recommends approval of the Agreement with Midwest AquaCare. • PLM Lake & Land Management Corp has submitted an agreement for full lake treatment of Curlyleaf on Orchard Lake for the total amount of $37,500. The DNR has awarded the City a $15,000 grant toward the full lake treatment on Orchard Lake. The City will be responsible for the remaining $22,500. All work proposed for 2010 is budgeted in the 2010 Surface Water Budget, which currently has $35,000 budgeted for Curlyleaf control on Orchard Lake. City Staff recommends approval of the Agreement with PLM. 0 �nvironmenta� Resources uPciate, 1st quarter 2009 januar,g-Marck 205th Street Channel Stabilization Project The channel behind homes on Jupiter Way and Kensington Way has been receiving high volume stormwater runoff that caused severe erosion issues that needed to be addressed. Since the winter of 2007, staff have been pursuing ways to stabilize the channel. In the spring of 2008, Barr Engineering was authorized to prepare a feasibility study, and preliminary construction plans were created for stabilizing the channel. The Vermillion River Watershed JPO provided a grant for $95,773.60 to cover half the cost of the study and design. Residents provided input at a public meeting. The grading and rock installation was completed October 20th and the soil wraps and willow stakes were completed November 12, 2008. • Staff inspected the site as spring melts occurred. Water was flowing through the area and there were no issues found with the stabilization of the channel. The trees and shrubs are scheduled to be installed in the spring of 2009 when the project is expected to be completed. Blue Thumb The Blue Thumb program is the most comprehensive and user friendly program to date that involves residents in learning about the importance of water quality and what they can do to promote clean water. 2009 marks the third year that the City of Lakeville will partner with DCSWCD in providing Dakota County/Lakeville residents the opportunity to install native gardens, raingardens, or shoreline stabilization on their property. Staff sent out the second round of the created mailer mid-February to Lakeville residents (9,000 sent in December 2008) who receive a water bill. The flyer informs them of all the Blue Thumb Introduction workshops in Dakota County. Approximately 8,000 flyers were sent in water bills and the remaining 1,000 flyers were distributed at each liquor store. • Advertised for Introduction workshop by printing posters, Messages articles and advertisements, cable channel postings, and postings on the website. • The Blue Thumb Introductory Workshop was held on March 17. DCSWCD staff and the City's Specialist gave the presentation. There were 75 attendees. • The workshop was recorded and has been distributed to 4-5 individuals on DVD. It also has been made available to residents on the Environmental Resources webpage, as well as on special programming on Channel 16. This workshop is a prerequisite to the design classes. Annual Reporting The Minnesota Pollution Control Agency requires annual reporting to comply with their Stormwater Pollution Prevention Plan. The Minnesota Department of Health requires annual reporting for their Wellhead Protection Plan. Both also F Annual Reporting (cont.) require a public meeting to be held annually. Environmental Resources staff combine the reporting requirements to simplify the process. We use this opportunity to provide information on all activities conducted throughout the year. • Compiled information from Environmental Resources, Streets, Parks Maintenance, Buildings, and Utilities Departments for all information needed for the SWPPP and Wellhead plans. • Completed forms for annual reporting. • Printed all sections of the report (Cover, Introduction, Quarterly Reports, SWPPP section, and Wellhead section). • Compiled and bound final reports. • Created Power Point presentation summarizing the annual report for meeting. • Held the annual public meeting on March 18, 2009 at the PRNRC. SWPPP Reporting The Stormwater Pollution Prevention Plan (SWPPP) is a required permit from the Minnesota Pollution Control Agency to comply with National Pollutant Discharge Elimination System rules to comply with the federal Clean Water Act. The permit requires cities to address public education and outreach on storm - water impacts, public participation/involvement, illicit discharge detection and elimination, construction site stormwater runoff control, post construction stormwater management in new development and redevelopment, and pollution prevention/good housekeeping for municipal operations. Annual reporting is required and audits are expected at least every 4 years. Continued work on database to record all SWPPP related activities and created simplified lists for both Streets and Parks Departments for reporting. • Set up a common folder for all SWPPP related information. • Sent email to Streets and Parks regarding how we will track our SWPPP activities. Gave location of folder on `1' drive and asked them to begin filling it out monthly. • Filled out all information for 2008 in new database. Started entering information monthly. Roadside/Watershed Cleanup Day In 2007 with the elimination of the Zoning and Code Enforcement position, the duties of coordinating Roadside Cleanup Day was given to Environmental Resources staff to run and the new Recycling Coordinator was to continue managing the budget. The name of the cleanup day was then changed to Road- side/Watershed Cleanup Day to compliment educational requirements of the City's SWPPP (plans are to eventually call it Watershed Cleanup Day). In 2007, we had a record turnout of 751 volunteers participate in this event. irc>i:nirr,f.3i Kesources 11 a C:J 0 Roadside/Watershed Cleanup Day (cont.) • Created and distributed posters to liquor stores. • Sent letters to past participants welcoming them to join us again (included Adopt - A -Park and Adopt -A -Highway groups). Also sent letters to area churches. • Advertised for event through Messages page articles and advertisements, cable channel postings, and postings on the website. • With assistance from the Engineering Department Administrative Assistant we signed up volunteers through phone calls, emails, and an online signup form. As of 4/2/09 there were 690 volunteers signed up. • Contacted area waste haulers to volunteer time to pick up collected trash. Dicks Sanitation, Waste Management, and Troje's will be volunteering in 2009. Orchard Lake Harvesting • Applied for a DNR grant to treat Curlyleaf pondweed with chemicals. • Submitted application to DNR, but the City of Lakeville did not receive the grant. • Prepared documents and received quote proposals to harvest 50 acres. • Determined that chemical treatment would be conducted on 26 acres of the northeast bay of the lake. • Prepared documents and received quotes for the chemical treatment. • Compiled harvesting and chemical treatment location map. Presentations • Specialist assisted with the presentation for Blue Thumb Workshop on March 17. • Specialist along with Steve McComas of Blue Water Science presented annual report and lake management updates at the March 18 public hearing at the Park, Recreation and Natural Resources board meeting. Blue Water Science • Reviewed and edited consultant's 2008 reports. • Met with BWS to create 2009 work plan. • Consultant participated in cable show segment and presented at March 18 public meeting. Messages Page Articles • Seven Messages editions contained SWPPP related information. Jan. 9: Side notes about Lakeville Recycles! bags and how to recycle your Christmas tree. Jan. 31: "Blue Thumb garden workshop for clean water" Feb. 13: "Watershed Cleanup Day volunteers needed" Feb. 20: Event listing for Roadside/Watershed Cleanup Day. Feb. 27: "Wetland monitoring volunteers are needed" Mar. 13: "Mark your calendars so you don't miss anything" - had small advertisement for Blue Thumb Workshop and Roadside/Watershed Cleanup Day. Mar. 20: "Cleanup Day volunteers needed on April 18" Cable Channel 16 • Nature Connections segment about dissolved oxygen levels in Lake Marion with Steve McComas. Show ran from 2/13 to 3/3 (-63 times). • Park of the Month segment with Pizza Man. Show ran the month of March (-80 times). • Blue Thumb Introduction Workshop ran in the Special Programming slot. • Shot segment for April Nature Connections about upcoming events. • Advertizing for Blue Thumb and Roadside/Watershed Cleanup Day. • Trivia question and 'Did you know?' about Roadside/Watershed Cleanup Day. WCA Issues • Continued with the process involved with wetland issued at 12299 Lucerne Trail. Applicant withdrew his mitigation request 3/16. • Manager and Specialist attended a preliminary wetland determination meeting for Lakeville Airlake Business Park on 1/29. Received wetland delineation report and exemption request for Lakeville Commerce Center by Westwood. • Attended preliminary meeting about an AUAR for Lakeville Business Park on 3/30. Environmental Education Opportunity • Specialist lead hikes during "Ritter Fest" on March I. During the hikes attendees were educated about Lake Marion and information on how to help keep the waters clean. This was an all ages event that was attended by — 30 people. 2008 Habitat Monitoring of Strategic Water Resources Reviewed Barr Engineering's plan for the BDWMO and provided comments. Erosion Control Issues • Completed Notice of Terminations for New Police Station (Permit id: C00022485) on 1/9 and for Lakeville Arena (Permit id: C00020589) on 1/26. • Conducted at least 6 inspections of developments and individual lots. Had several meetings to resolve issues at an individual lot in Spyglass, as well as at the Primrose development. F1 Monitoring • Lake Monitoring (to track dissolved oxygen levels): Jan. 21, Feb. 6, Feb. 17, and Mar. 4. 0 Piezometers: Jan. 29, Feb. 26, and Mar. 27. Meetings • Vermillion JPO TAG meeting was attended by Manager on 1/ 14 and 3/1 1. • BDWMO meeting in Burnsville was attended by Specialist on 1/21 and 2/18. • TMDL update for Lee Lake was attended by Manager and Specialist on 2/3. • Vermillion River Mini -Summit was attended by Manager and Specialist on 2/12. • Credit River TMDL meeting was attended by Manager on 2/12. • Water Resource Coordinators meeting on SWPPP auditing was attended by Specialist on 2/18. • Product Expo by Royal Environmental Systems meeting was attended by Manager on 2/18. • Stormwater focused meeting of nondegredation rulemaking stakeholders was attended by Manager on 1/30, 3/ 10. • Preliminary AUAR meetings for Airlake Business East (2/5) was attended by Manager. • Preliminary AUAR for Lakeville Business Park was attended by Manager and Specialist on 3/30. Seminars/Training • Advanced WCA training in Arden Hills at Ramsey County Public Works was attended by Manager and Specialist on 2/2. • Advanced WCA training "1987 manual regional supplement training" in Owatonna was attended by Specialist on 2/20. • YSI training was attended by Specialist to make sure calibrations are done correctly. Training was at St. Paul PCA on 3/3. Tree Preservation Plans Reviewed approximately 4 tree preservation plans for individual lots. III FM �nvironmenta� Resources 2nJ 9uarter 2009 April --June Roadside/Watershed Cleanup Day In 2007 with the elimination of the Zoning and Code Enforcement position, the duties of coordinating Roadside Cleanup Day was given to Environmental Resources staff to run, and the Recycling Coordinator was to continue managing the budget. The name of the cleanup day was then changed to Roadside/Watershed Cleanup Day to compliment educational requirements of the City's SWPPP (plans are to eventually call it Watershed Cleanup Day). In 2007, we had a record turnout of 751 volunteers participate in this event. Roadside/Watershed Cleanup Day was held on April 18, 2009. Environmental Resources staff along with Lori Clemmer of the police department coordinated several Parks, Rec., and Natural Resource Board members, police reserves, and one DCSWCD staff as they volunteered their time to pass out vests, garbage bags, t -shirts and prize bags, as well as serve lunch, educate participants, and cleanup afterwords. Over 900 volunteers participated in the event and —650 were served lunch. At the lunch, volunteers received "Lakeville Recycles!" items (reusable bag, reusable water bottle, pen, jump rope, etc.) after they answered a question about watersheds, water quality, the environment, or recycling. Blue Thumb The Blue Thumb program is the most comprehensive and user friendly program to date that involves residents in learning about the importance of water quality and what they can do to promote clean water. 2009 marks the third year that the City of Lakeville has partnered with DCSWCD in providing residents the opportunity to install native gardens, raingardens, or shoreline stabilizations on their property. • The design classes were held April 14 and 16. There were approximately 40 attendees. Through the DCSWCD's Blue Thumb Grant program, 12 Lakeville residents have been granted money to install raingardens, native gardens, or shoreline stabilizations. More opportunities are still available for more projects/grants this summer/fall. 205th Street Channel Stabilization Project The channel behind homes on Jupiter Way and Kensington Way has been receiving high volume stormwater runoff that caused severe erosion issues that needed to be addressed. Since the winter of 2007, staff have been pursuing ways to stabilize the channel. In the spring of 2008, Barr Engineering was authorized to prepare a feasibility study, and preliminary construction plans were created for stabilizing the channel. The Vermillion River Watershed JPO provided a grant for $95,773.60 to cover half the cost of the study and design. Residents provided 205th Street Channel Stabilization Project (cont.) input at a public meeting. The grading and rock installation was completed October 20th and the soil wraps and willow stakes were completed November 12, 2008. • The remaining plants for this project were installed starting April 10. There were 43 1 "trees, 41 2" trees, 27 6' pine trees, and 300 shrubs installed. A high percentage of plants have been doing very well since they were installed. • A punch list was created mid-May to complete a few items before the project is officially complete. Orchard Lake Curlyleaf Control Since 2004, the City of Lakeville has been controlling Curlyleaf Pondweed on Orchard Lake mechanically. In 2009, staff decided to look at alternative options to mechanical harvesting. After working with the DNR, it was decided to treat 20 acres in the northeast bay of Orchard lake with chemicals, and continue with 50 acres of mechanical harvesting . • A letter was sent on April 29 to residents informing them of the actions on Orchard in 2009. • Midwest Aqua Care conducted the chemical application on May 6 at 1.0 ppm of Aquathol K (a total of 57 gallons). Total cost: $6,238.70. & N Weed Harvesting Inc. started mechanically harvesting on N The Curlyleaf was determined to have stopped growing and to n produced any turions. This resulted in only 5 loads removed from acres of the lake. Total cost: $6,094.32. • Staff rechecked the lake several times to confirm that no more harvesting was required. Lee Lake Alum Treatment Lee Lake is listed by the Minnesota Pollution Control Agency as "Impaired" for phosphorous. Currently, the City is working with the Black Dog Watershed Management Organization on a Total Maximum Daily Load assessment for Lee Lake as well as for other lakes in the BDWMO watershed. Impairment is based on past 10 years of data and staff has determined that Lee Laky water quality improves in the next one to two years. On May 27, Sweetwater Technologies applied 8,600 gallons of alum to the sediments of Lee Lake. Total cost: $15,929.10. Lee Lake Alum Treatment (cont.) • Secchi disc readings since the application are as follows: May 29-5.0 m, June 1 1-2.8 m, June 26-5.1 m (bottom) Market Plaza LID practices were pursued with the reconstruction of a parking lot in downtown Lakeville between Holt Ave and Holyoke Ave off 208th Street West. Permeable pavers will be used in this project to meet 1. 1 64 Owww stormwater requirements. A cost share grant for $36,466.00 was awarded from DCSWCD to complete this project. Work began on the parking lot in early October. • The permeable paver base started to be laid May 14 and the actual pavers were installed May 18 and 19. • The north tree boxes were connected to the understorage area May 29. • Grand opening of the parking lot was on June 15. Adopt -A -Pond Environmental Resources staff have been running the Adopt -A -Pond program since 2003. Participants are residents who live next to a stormwater treatment basin or a wetland and are interested in improving the water quality. The following activities are available: Barley Straw Installation, Frog Monitoring, Buffer Planting, Storm - drain Stenciling, Exotic Plant Management, Trash Pick Up, and Habitat Improvement. • Approximately 3,000 lbs of barley was ordered this year. The barley was pelletized in 20 lbs bags. • The barley straw was distributed to 13 stormwater treatment basins on May 28. • Two new residents began frog monitoring and several past volunteers continued to monitor frogs in their adopted waterbody, Raingarden Maintenance There are three raingardens throughout the city that are not part of a maintenance contract or on the Park Maintenance schedule. In order to properly care for the gardens and save in maintenance costs, volunteers are crucial. • Three groups and several individuals have volunteered to weed and care for the gardens. • To date, the Lakeville Heritage raingarden has been weeded twice by Friends of the Library and one time by cub scout pack 269. Blue Water Science Steve McComas of Blue Water Science has been the City of Lakeville's consultant for many years. Each year we work with Steve to assess each lake and decide on possible projects that will work toward improving water quality. This quarter Steve worked on the following projects: • Installed 3,200 lbs of barley straw in Valley on May 21. • Coordinated alum treatment with Sweetwater Technologies for Lee Lake and conducted on-site assessment on May 27 (using scuba diving). Attended council meeting to present findings of studies in 2008 as well as possible projects in 2009 • Conducted aquatic plant surveys on Orchard on May 13, Marion on June I, and Lee on May 29. • Performed Curlyleaf pondweed assessment to check herbicide treatment and harvesting activity on Orchard on May 27. • Performed iron dosing assessments (scuba) on Orchard and Lee on May 29. • Orchard pond sampling on April 20, May 13 and 27 with ongoing research for pump type, electricity issues, etc. for aeration system. Removed aquatic plants around fishing pier at Casperson Park on June 4 2009 Habitat Monitoring of Strategic Water Resources • Assisted Barr Engineering staff with the assessment of Kingsley Lake on May 21. Presentations • Manager presented the 2008 Environmental Resources Annual Report to the City Council on April 20. • Manager gave a presentation at the Vermillion River Joint Powers Board meeting on June 10 regarding the 205th Creek Channel Stabilization Project. Environmental Education • On June 24 and 25, for one hour each day the Specialist ran water quality related activities for Nature Adaptive Camp at Ritter Farm Park. WCA Issues • Sent out Notice of Decision (NOD) for wetland boundary at Lakeville Commerce Center on April I. Also requested comments to exemption request on April 7. On April 24, sent out NOD for exemption decision for the site. • Attended several on-site meetings with delineator for Airlake Business Park in May and June. Delineator sent in an incomplete report and a letter was sent June 23 requesting a complete report and a request for additional information before an NOD could be sent. WCA Issues (cont.) • Sent out notice of application for impacts > 10,000 sq. ft. for Elko New Market Interceptor on April 30. NOD for project was sent out May 18. • Welsh ire/Stonehenge ACOE wetland issues meeting on May 5. Sent out NOD for exemption request before the meeting that was approved on April 30. • Chadwick meeting about wetland mitigation June 4. At meeting we suggested inter -seeding into the mitigation area and all other issues were ACOE issues. • Conducted mitigation monitoring for 1pava and East on June 12. • Sent out NOD for wetland boundary of the Eisenhuth property on June 8. • All mitigation reports were field verified on May 4. Erosion Control/Development Issues • Conducted an inspection for EFH/Brunswick development on May 14 and sent them a punch list of items that need to be completed. • Conducted an inspection of the new Police Station on June I and sent them a punch list of items they should address with the contractor. • Contacted developer of Spyglass to have the open lots mowed to increase safety/ visibility due to resident request on June 30. Messages Page Articles • Apr. 10: "Green Opportunities for Earth Month" • Apr. 24: Advertizing for Hazardous Waste Drop Off Day. • May 1: "Thanks to Cleanup Day Volunteers/Donors" Advertizing for Hazardous Waste Drop Off Day. • May 8: "Watering Restrictions Now in Effect" • Jun. 12: "Lake Water Levels Low, but Not Near Lowest Cable Channel 16 • Nature Connections segment about upcoming events April 3 to 20 (-60 times). • Blue Thumb Introduction Workshop ran in the Special Programming slot from mid March—April (-36 times in April). • Advertizing for Household Hazardous Waste Drop Off Day. • `Did you know?' about Household Hazardous Waste Drop Off Day. • Messages show "Recycling in Lakeville" May 8 to 28 (-69 times). • June Lakeville kids and government segment on "Recycling Zone" (-20 times). • Shot a Nature Connections Segment about Market Plaza—an interview with Dakota County Soil and Water Conservation District. • Ran the following environmentally related Public Service Announcements: "Water guy", "Rubber Ducky", and "Hank the Water Hog". Monitoring • Lake Monitoring (CAMP): April 13, May I, May 1 I, May 29, June 1 I, June 26 • Piezometers: April 29, May 29, and June 25. • Temperature Loggers: Installed loggers on June 3. • Rain Loggers: April 24, June I, June 23. Meetings • Vermillion JPO TAG meeting was attended by Manager on April 8 and June 10. • BDWMO meeting in Burnsville was attended by Specialist on June 17. • Local Solid Waste Staff meetings on May 13 and June 10. Manager also attended June 10 meeting. • Met onsite May 8 with Appro Development at Creekside Business park to finish up infiltration basin and landscaping issues. • Airlake AUAR meeting April 23. Seminars/Training • Specialist attended Difficult to Delineate Wetlands seminar on June 9. Tree Preservation Plans Reviewed approximately 4 tree preservation plans for individual lots. Other • Continued periodic inspections of the Crossroads and Chadwick infiltration basins to determine if they are working or not. • Installed signs at Valley on May I I to promote education about the shoreline restoration areas. • Dealt with a possible oil spill in South Creek on June 10. Informed duty officer of issue, the fire department contained the spill, and Environmental Resources staff tried to track down the source. �nvironme, nta� Resources (APdate 3rd quarter 200 Jul,9—,5cptcmkcr Lee Lake (see photo on cover) Lee Lake is listed by the Minnesota Pollution Control Agency as "Impaired" for phosphorous. Currently, the City is working with the Black Dog Watershed Management Organization on a Total Maximum Daily Load assessment for Lee Lake as well as for other lakes in the BDWMO watershed. Impairment is based on past 10 years of data and staff has determined that Lee Lake could be delisted if water quality improves in the next one to two years. In late May 2009, an alum treatment was conducted to promote better water quality. • Secchi disc readings since the application are as follows: b=bottom, bold=during 3rd quarter May 29-5.0 m June 1 12.8 m June 26-5.1 m (b) July 10-5.0 m (b) July 22-4.3 m August 4-3.9 m August 14-3.2 m August 31-3.1 m September 17-4.1 m September 29-3.6 m Lee Lake Water Clarity 2009 Lee Lake Water Clarity 2008 Raingarden Maintenance (see photo on cover) There are three raingardens throughout the city that are currently not part of a maintenance contract or on the Park Maintenance schedule. In order to properly care for the gardens and save in maintenance costs, volunteers are crucial. • On September 3 & 9, a volunteer weeded the whole garden at Valley Lake Park. He spent a total of 12 hours weeding. • Also in early September, a number of members from Boy Scout Troop #261 weeded the Casperson Park Rain Garden. • STS crews were used in mid— September to weed Heritage raingarden. All three raingardens were mulched by the crews. Valley --40 yards, Heritage -40 yards, and Casperson-15 yards (a total of 95 yards of mulch). More rock was added to the Heritage garden when the site was mulched to prevent further erosion. Blue Thumb The Blue Thumb program is the most comprehensive and user friendly program Uumm mmmmmmmmmmmmmi _ 0MMW0MMMNMI Lee Lake Water Clarity 2008 Raingarden Maintenance (see photo on cover) There are three raingardens throughout the city that are currently not part of a maintenance contract or on the Park Maintenance schedule. In order to properly care for the gardens and save in maintenance costs, volunteers are crucial. • On September 3 & 9, a volunteer weeded the whole garden at Valley Lake Park. He spent a total of 12 hours weeding. • Also in early September, a number of members from Boy Scout Troop #261 weeded the Casperson Park Rain Garden. • STS crews were used in mid— September to weed Heritage raingarden. All three raingardens were mulched by the crews. Valley --40 yards, Heritage -40 yards, and Casperson-15 yards (a total of 95 yards of mulch). More rock was added to the Heritage garden when the site was mulched to prevent further erosion. Blue Thumb The Blue Thumb program is the most comprehensive and user friendly program Blue Thumb (cont.) to date that involves residents in learning about the importance of water quality and what they can do to promote clean water. 2009 marks the third year that the City of Lakeville has partnered with DCSWCD in providing residents the opportunity to install native gardens, raingardens, or shoreline stabilizations on their property. • Seven projects were installed in Lakeville in 2009 through the Blue Thumb and DCSWCD grant program. Other projects may have been installed, but the exact number is unknown (if they don't apply for the $100 grant). Five raingardens were installed as well as two native gardens. These participating residents worked directly with DCSWCD staff to complete their projects. DCSWCD staff conducts technical meetings with the resident to make sure the raingardens are installed correctly as well as provided guidance along the way. • Also attended a joint meeting on July 2 with DCSWCD staff regarding a possible restoration project on the shoreline of DNR wetland 349W with the Mallard Shores Association. Blue Water Science Steve McComas of Blue Water Science has been the City of Lakeville's consultant for many years. Each year we work with Mr. McComas to assess each lake and decide on possible projects that will work toward improving water quality. This quarter Mr. McComas worked on the following projects: • Attended a meeting with the City of Lakeville on July 15 to discuss East Lake monitoring and improvement possibilities. • Removed aquatic plants around fishing pier and key offshore fishing areas at Valley Park on July 24. • Conducted aquatic plant surveys on Orchard Lake on August 4, Lee Lake on August 14, and Lake Marion on August 20. Sampled the open water of Orchard Lake wetland complex to gather pre -aeration treatment data. Conducted a lake condition assessment of Lee Lake on August 4 and an alum sediment assessment by scuba diving on August 14. • Attended the Lake Marion Association annual meeting at Antlers Park on August 20 and gave an overview of the aquatic plant status on Lake Marion. Environmental Education • On July 14 and 16, Specialist conducted "Nature Detectives" class (13 children ages 6-12) at Ritter Farm Park one day and at Casperson Park the second day. Topics focused heavily on water quality as well as some on recycling and big picture environmental issues. 205th Street Channel Stabilization Project The channel behind homes on Jupiter Way and Kensington Way has been receiving high volume stormwater runoff that caused severe erosion issues that needed to be addressed. Since the winter of 2007, staff have been pursuing ways to stabilize the channel. In the spring of 2008, Barr Engineering was authorized to prepare a feasibility study, and preliminary construction plans were created for stabilizing the channel. The Vermillion River Watershed JPO provided a grant for $95,773.60 to cover half the cost of the study and design. Residents provided input at a public meeting. The grading and rock installation was completed and soil wraps and willow stakes were completed in Fall 2008. • Staff conducted several inspections of the site to make sure the channel was stabilized and the vegetation was doing well. Unfortunately, due to drought conditions several trees were severely stressed as well as a few shrubs. Staff contacted the contractor to make sure watering was being conducted. We are working with Barr Engineering and the contractor to replace any trees and shrubs. Any dead vegetation will be replaced in spring 2010. The vegetation is under a two year maintenance contract. Adopt A Pond Environmental Resources staff have been running the Adopt -A -Pond program since 2003. Participants are residents who live next to a stormwater treatment basin or a wetland and are interested in improving the water quality. The following activities are available: Barley Straw Installation, Frog Monitoring, Buffer Planting, Storm -drain Stenciling, Exotic Plant Management, Trash Pick Up, and Habitat Improvement. • In early July, a resident on Harvard Lane acquired a storm drain stenciling' kit to stencil the storm drains in his neighborhood and distribute water z quality brochures at each household in efforts to stop residents from leaving grass clippings in the gutterline and on paved surfaces. ? In late July, Specialist met with an Adopt A Pond participant as well as his neighbor. The participant had questions regarding possible weed species present in his buffer planting. The quality of the planting was found to be quite high. It was planted in fall 2004. The resident has been diligent about weeding and the buffer is definitely providing water quality benefits as well as wildlife habitat. The neighbor was also interested in possibly installing a buffer, so provided him information on the process. Recycling In May 2009, the duties of Recycling Coordinator were transferred to the Environmental Resources Department. • Specialist has been attending required meetings at the County and learning the responsibilities of a Recycling Coordinator. This quarter, Specialist began working on grant writing for the 2010 funding. WCA Issues • Staff spends a large amount of time conducting work related to the Wetland Conservation Act, and the time spent is uncompensated from developers. Staff worked this quarter on creating a possible WCA fee schedule. We compiled other city information and came up with a possible fee schedule. • There are over 15 developments with ongoing obligations regarding wetland mitigation in Lakeville. During this quarter, the Specialist worked to make sure all mitigation sites had completed a required "Declaration of Restrictions and Covenants" for each development. This declaration requires forms, descriptions of property, as well as mapping for each development. All of the declarations were presented to the City Council to process the paperwork and it was submitted to Dakota County for proper filing. The Airlake Industrial development is in planning stages. Jacobson Environmental attempted a delineation on the site and the meetings held consisted of suggestions needed to submit a complete delineation. Several hours were spent reviewing the submitted draft delineation. Staff sent out a letter requesting a TEP meeting be held. The developer decided to hire Kjolhaug Environmental Services to conduct the delineation for the site. Staff met with the developer and Mr. Kjolhaug on August 12 to discuss what is needed to move forward. A TEP meeting was eventually held on September I to provide background and guidance. At that meeting, there was discussions about two of the wetlands on site that were created from gravel mining operations. TEP suggested the consultant submit paperwork separately for those wetlands. The no -loss incidental wetland notice was sent out September 30 for 14 day comment period. • Tried to contact Fox Meadows LLC to discuss wetland mitigation issues and how to get them resolved. Several attempts were made, but no response has been received. An NOD of wetland boundary for the Cedar Ave Project was sent out on August 27. • Worked on getting paperwork completed for the banking credits needed for the Elko New Market Interceptor in early September. Erosion Control/Development Issues • The infiltration basin for the Wood Hill Development was reconstructed in early July. Manager inspected the work. • A final site inspection was conducted on July 6 for Kent 46 development. Site was reassessed August 6. • On July 10, Manager dealt with stockpile issues at the Lake Marion gravel pit. Erosion Control/Development Issues (cont.) • Site inspections were conducted on July 13 at Lake Place, and First Industrial. • Manager attended a site meeting for the Emerald Professional development on August 4. • Letter of Credit (LOC) reductions and closeouts were conducted at several different developments this quarter. Manager attended several site meetings in order to complete the developments. • Manager attended a preconstruction meeting on August 7 for the Fieldstone Creek 3rd development. • Site inspections and site meetings for Ace Hardware development were conducted on August 19 and 26 as well as on undocumented dates. • Several site inspections occurred throughout July and August for the infiltration basins at Crossroads and Chadwick developments to assess if they are functioning according to development agreements. • In late August and early September, several site visits were conducted by Manager to assess the functionality of the raingardens at Highview Hills development. • Development activities for the Green Planet Car Wash resulted in several site visits and meetings by the Manager. Some specific dates were August 25 and 26. Issues on site grading as well as guidance for proper site erosion control maintenance and raingarden installation practices were major areas of focus. • At the end of August, there was a resident/developer erosion control issue that was dealt with at the Quail Ridge development. The homeowner's yard maintenance and fence installation was causing quite a bit of sediment being washed off their site onto the sidewalk on Ipava Ave. Several area residents complained of the problem and Environmental Resources staff worked with the homeowner and developer to resolve the erosion control issue. • Several meetings were attended by Manager for the Cedar Ave Park and Ride as well as for the construction of the roundabout on Kenrick Ave. • Manager attended the preconstruction meeting on September 24 for the round- about on Kenrick Ave to ensure erosion control was installed and maintained. Messages Page Articles • July 17: "Recycling 101—plastic and glass" • July 31: "Cool, dry weather has good and bad effects" - Lake Levels/Water Quality • August 7: "Rain gardens are at their flowering peak" • August 12: "City website offers plethora of information" Cable Channel 16 • In August, The Lakeville Kid's and Government show contained a Nature to Nature segment about the different raingardens in Lakeville. The show airs 20 times per week. • Created a Nature Connections raingarden installation segment for Messages show as well as for DCSWCD to use during Blue Thumb classes. Show aired approximately 60 times from September 2—September 21. • `Did you know?' about how to properly dispose of yard and tree waste. • Ran the following environmentally related Public Service Announcements: "Water Guy", "Hank the Water Hog", and "Rubber Ducky". The PSA's ran several times in many different shows as well as periodically on the running message boards between shows. Monitoring • Lake Monitoring (CAMP): July 10, July 22, August 4, August 14, August 31, September 17 and September 29. • Piezometers: July 30, September 1, and September 30. Rain Loggers: July 31, August 10, and September 30. Temperature Gauges: Removed temperature Gauges on September 29 at Upper South Creek, Downtown Outlet, South Creek Dodd and South Creek 70. Re- moved the remaining temperature gauges on September 30 at Old Public Works, and South Creek Cedar. Meetings Vermillion JPO TAG and PC meetings were attended by Manager on July 8 and September 9. • Local Solid Waste Staff meetings were attended by Specialist on July 15 & 22 and September 19. Manager also attended July 15 meeting. Seminars/Training • Manager attended LID Tour at Argenta Hills on July I. • Manager and Specialist attended Laserfiche training on July 15. • Manager and Specialist attended Wetland Conservation Act training on July 20 regarding new rule changes. • Manager attended an MPCA Industrial Stormwater Permit meeting in St. Cloud on August 27. • Specialist attended an EPA webcast on Illicit Discharges on September 30. Presentations • Manager presented a potential work plan to the Vermillion River JPO board on July 23. Manager presented an update of information about Lake Marion at the Lake Marion Association Annual Picnic on August 20. Staff also created a newsletter about Lake Marion for attendees which is also posted on the City's website. Tree Preservation Plans • Reviewed approximately 4 tree preservation plans for individual lots. Other • In early July, staff compiled information regarding Market Plaza grant and submitted a request for payment report to DCSWCD. • In late July, Specialist worked with Building Inspections staff regarding a resident with a potential mowing violation. She had native plants in most of her yard. The issue was resolved. Worked with Arena, GIS, and Engineering staff to resolve a drainage issue at Ames Arena. • Started working on the logistics of getting an aerator installed in the wetland that leads to Orchard Lake on the west side of Judicial Road. • In late September, Manager and Specialist assisted Inter-fluve, a Vermillion River JPO contractor, to perform stream assessment surveys on South Creek and the Vermillion River. �J u Env iro n m cnta I K e,5 o u rc e, 5 UPJate 4th 9uarter 2009 Octoker—Decemkcr Orchard Wetland Aeration The wetland is located on the south side of 175th St. W. (south side of Orchard Lake). The wetland has been tested for phosphorous levels and other parameters to determine its potential contribution to Orchard Lake water quality. The use of aeration will add oxygen back into the water column where it can trap the suspended phosphorous and drop it out in the wetland before it can make its way into Orchard and degrade water quality. The watershed through this wetland is approximately 430 acres. Streets Department staff assisted in digging the trench needed for power to be directed to the compressor. This work was completed in a couple of hours on October 28. • Mr. McComas installed the system on November 11. The system was tested on November 12. Everything is installed and will be ready for operation in spring 2010. Project Maintenance In order to properly care for and save in maintenance costs for past projects (shoreline restorations, creek remeanders, raingardens, etc.), uses STS crews to perform different maintenance activities. • On November 9, an STS crew installed a few lines of split rail fence and reinstalled snow fencing at Casperson Park shoreline restoration project. The crew also cut willow stakes and installed them along the Chadwick Farms/Wild Meadow Villas South Creek remeander project. M MPCA Pond Sampling In an effort of cooperation, the City of Lakeville volunteered to be a part of a stormwater pond sediment analysis conducted by the MPCA. • On October 7, MPCA staff started the sediment sampling at the large residential pond off of 173rd St. W., Folsom Path and Foliage Ave. Three other pond locations were sampled in Lakeville within 2 weeks of this date. Two commercial ponds were - selected. The pond just west of the Cracker Barrel Restaurant and the pond west of Dairy Queen, both off County Road 50. The industrial pond was located north of Con Agra building and west of Hamburg Ave between 213th and 210th Ave. • 6 sediment core samples were taken at each pond location. Sediments were analyzed in a lab for several different parameters involving potential pollutants. No data has been shared from these sites to date. Lee Lake Lee Lake is listed by the Minnesota Pollution Control Agency as "Impaired" for phosphorous. Currently, the City is working with the Black Dog Watershed Management Organization on a Total Maximum Daily Load assessment for Lee Lake as well as for other lakes in the BDWMO watershed. Impairment is based on the past 10 years of data and staff has determined that Lee Lake could be delisted if water quality improves in the next one to two years. In late May 2009, an alum treatment was conducted on Lee Lake to promote better water quality. Lee Lake Water Clarity Date LO cD t— O N Cl) V Lo co t— 00 O O 6) O O O O O O O O O O O O 6) 6) O O O O O O O O O O .-- — — N N N N N N N N N N 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 5.00 This data indicates the 2009 average secchi disc reading was 3.97 meters. The 2008 average was 1.5 meters, so this is a significant increase in water clarity. Recycling In May 2009, the duties of Recycling Coordinator were transferred to the Environmental Resources Department. From Oct. I—Dec. 31 the Specialist spent 83 hours doing recycling related work. • The Dakota County Community Funding grant application was completed in October. The resolution approving the application was signed and was sent to Dakota County in November. • On November 19, Specialist attended a meeting with Mike Trdan, Dakota County Environmental Specialist and Frank Dempsey, Associate Planner, regarding a possible paper recycling drop off location at All Saint's Catholic Church. • Environmental Resources staff worked with Mr. Nesseth, Senior Accountant, multiple times to decipher how money is allotted and what is allowable under the grant according to City rules and also worked with Dakota County staff to determine what is allowable under the grant. • Specialist and Manager worked with Parks staff to get recycling in parks. It was determined that high use baseball facilities should be the first place to try recycling. Staff also found a trash and recycling bin combination that would work well in the parks. Quotes were researched for the purchase of the bins and staff purchased 10 trash bins and 10 recycling bins (see photo to right) from Doty and El Recycling (cont.) Sons Concrete Products, Inc. The bins were delivered December 17. Recycling in the parks will begin in Spring 2010. a- • In mid-December, Specialist set up Lakeville City Hall, as well as all 3 Lakeville - Liquor Stores, for drop-off locations of Christmas lights for the Recycling -t` r Association of Minnesota's "Recycle Your Holidays" program. By the end of December, over 532 gallon size trash bags were collected (see photo to right). The collection program started December I I will end Jan. 12, 2010. • Specialist worked with the Park Maintenance and Operations Manager and 1 Dick's Sanitation to get co -mingled recycling at every City owned building. collected Christmas lights • Specialist considered best use for remaining grant money and worked with ready for Dec. 30 pick-up. staff to determine needs for recycling bins. Bins were ordered and received by Dec. 31. Storm Water Conveyance System Maintenance The following four water quality related projects require maintenance: Old public works stormwater basin—Sediment buildup needs to be removed and the outlet needs to be reshaped and stabilized with rip rap. Oak Shores Park Channel—A channel between the two north wetlands is eroding and obstructions need to be removed. Sediment and debris needs to be removed and 30 cubic yards of Class III riprap may be needed to stabilize the channel. Wild Meadow Villas/Chadwick South Creek RestorationA meander in this restoration area needs repair. It will require compactable fill and installation of Class III rip rap. North Creek Weir Maintenance—As in previous years, beavers have placed excessive debris between the weir. Debris must be removed. • In late December, quotes were requested from three companies (Friedges Excavation, Hoffbeck Trucking, and D & T & Son). The low bid was awarded to Hoffbeck Trucking for $15,267.50. The work is scheduled to be completed by January 15, 2010. Blue Water Science Steve McComas of Blue Water Science has been the City of Lakeville's consultant for many years. Each year we work with Steve to assess each lake and decide on possible projects that will work toward improving water quality. This quarter Steve worked on the following projects: • Conducted an aquatic plant survey and collected lake sediments for nutrient analyses in Valley Lake in October. • Conducted a fish survey using standard fyke nets in Valley Lake from October 7th to the 9th. • Aeration equipment was ordered for the Orchard Wetland nutrient reduction demonstration project. • Presented a paper on aquatic plant stability of Orchard Lake and Lake Marion at the International Lake Conference in Connecticut on October 29. C F� Blue Water Science (cont.) • Met with staff on October 26 to go over location of controller box. Installed the Orchard Pond aeration system on November 11. • Compiled billing for completed work and submitted to the City of Lakeville for processing. WCA Issues • The Airlake Industrial development is in the planning stages. A Notice of Decision (NOD) was sent on October 12 regarding the incidental wetlands. Since that time, Environmental Resources staff have been dealing with a citizen who is concerned about the wetland decisions and the project in general. A site meeting was conducted on November 4 after a draft delineation was submit- ted with Kjolhaug and BWSR. Discussed delineated line in problem area of Wetland I. • On October 9, Specialist conducted 2nd monitoring site visits for the Ipava Ave and East Park projects for wetland mitigation requirements. The monitoring reports for both locations were also completed. • Certificate of compliance was completed for Lakeville South High School on October 14. TEP meeting was held on November 4 for Fieldstone Creek wetland mitigation. At the meeting it was decided that if the erosion issue was resolved and the remaining wetland credit be purchased, then the site could be closed out. The work that was needed to close out the site was completed in November and paperwork was completed for the purchase of banking credits by mid-December. Specialist completed Certificate of Compliance on December 28. A call was received from a resident regarding a Cease and Desist order from the DNR regarding 20486 Judicial Road on December 7. Manager visited the site on December 12. Received DNR report by December 16. A copy of the report was sent to homeowner. A TEP meeting was held on December 30. Spent time with the wetland consultant (Svoboda) for Prairie Lake to get the site closed out. Banking credits (0.39 acres) were purchased to complete mitigation requirements for the site. The Certificate of Compliance for Prairie Lake was completed on December 30. ■ • Council passed the proposed WCA fee schedule. Fees will be assessed to new projects starting in 2010. Erosion Control/Development Issues • Manager attended several onsite meetings for the Green Planet Car Wash to resolve erosion control and other site issues. • The preconstruction meeting for the Highview/Holyoke road reconstruction project was on October 7. Site inspections were conducted and work was Erosion Control/Development Issues (cont.) completed in mid-November. No major issues occurred with this project. • Worked with Lennar to get two infiltration basins working at the Prairie Lake development according to original plan. Manager spent several weeks working with contractor to get the two basins completed per the development plan. Work was completed December 1 1. • Manager worked with owner of Heritage Walk to resolve infiltration basin issues in mid-November. The contractor brought in required black dirt and planted the created islands. • Manager attended several meetings regarding the Elko New Market Interceptor project. Also worked with ENM contractor to determine how the snowmobile club will be able to utilize trails that usually go through the project area. • Manager attended weekly construction meetings for Cedar Avenue Park and Ride. • Manager worked with contractor at Malt -o -Meal building on several different dates to ensure the parking lot and raingardens were constructed correctly. • Manager worked with contractors and developer to resolve pending issues and close the Letter of Credit on several different development projects. • Manager attended several meetings regarding the construction of the Ace Hard- ware building. Messages Page Articles • December 11: "Recycle your old holiday lights—Bring old lights to City Hall!" • December 18: "Sewer fees up, water fees down", "Orchard, Kingsley rate 'A' in quality," and "Recycle Tree Lights." Cable Channel 16 • PSA of Rubber Ducky non -point source pollution clip ran during two Messages shows in October, which ran 20 times a week for 2 1/2 weeks. • A 'Did you know?' ran on a Messages show in October regarding how to properly dispose of yard waste. It ran 20 times a week for 2 1/2 weeks. • On the message board between shows there is information posted about how pet waste can pollute our waters. It is unknown how many times it scrolled. • A Best of 2009 show for Lakeville Kids & Government a segment on Lakes ran during the month of December. This show airs 20 times per week throughout the month. Monitoring • Lake Monitoring (CAMP): October 15 of October to be processed at the lab. Camp samples were picked up at the end • Piezometers: October 26, November 24, and December 30. • Rain Loggers: Removed rain loggers on November 20 at LL Kenrick and Water Treatment Facility and November 24 at LL Galaxie. Downloaded all 2009 data to server. 0 Meetings • Vermillion JPO TAG and PC meetings were attended by Manager on October 14. • Manager attended PR & Natural Resources meeting December 16. • Specialist attended Local Solid Waste Staff meeting on October 8. • Staff attended a technical advisory meeting for the Lee Lake TMDL on October 12, November 16, and December 16. A city specific meeting regarding the Lee Lake TMDL was held at City Hall on October 23. • Specialist attended Black Dog WMO meeting on December 16. • Specialist attended a MIDS (Minimal Impact Design Standards) meeting hosted by the MPCA in Plymouth on October 29. • Specialist attended an MPCA webinar regarding the MS4 program on Nov. 10. • Manager attended several meetings regarding future expansion of the Airlake Airport. Seminars/Training • Manager and Specialist attended Construction Inspector/Installer Erosion Control Recertification class on November 12. • Environmental Resources Specialist attended an MPCA webinar regarding the MS4 permit program on November 10. Tree Preservation Plans • Reviewed approximately 4 tree preservation plans for individual lots. Other • Manager provided suggestions to Parks Department staff regarding the trail reconstruction at Ritter Farm Park at a meeting on October 2. • Reviewed a report created for the Vermillion River Joint Powers Organization by Interfluve regarding a South Creek fluvial geomorphic assessment. Manager and Specialist had a conference call on December 3 with Travis Thiel (DC) and the consultant. • Started creating a project list for STS crews in 2010. • Sent list of CAMP monitoring locations to Met Council for 2010. • Created 2009 CAMP secchi graph's for Marion, Orchard, Kingsley, Lee, and Valley. Worked with Communications Specialist to get lake information updated on `Lakes' pages. • Manager hired WSB Engineering to conduct onsite inspections of the City of Lakeville's Central Maintenance Facility, Water Treatment Facility, and Old Public Works site to identify any possible issues with pending rule changes to the MPCA's Industrial Stormwater Permit. On December 2, onsite inspections were conducted as well as meetings with staff regarding potential issues. Lake Projects for 2010 Lakeville has an innovative lake management program designed to protect high quality water resources and to improve other water bodies. The use of both passive and active management programs has produced significant gains in protecting and enhancing water quality in City lakes. The 2010 program continues to build on past successes and implement new ideas as well. Valley Lake Projects for 2010 Projects Description Costs Lake Projects BWS City In -Lake Algae Control 1. Use barley straw for Use barley straw in 2010 to improve water clarity. $2,700 $0 nuisance algae control Aquatic Plants 2. Eurasian watermilfoil j Conduct a lake plant survey in Valley Lake. Evaluate Eurasian control project watermilfoil and native plant status in Valley Lake prior to $700 $2,250 treatment and after a treatment. Education Program 3. Prepare educational Review the results of water quality in Valley Lake, summarize treatments, barley $1,900 $0 materials/final report aquatic plant surveys and and summarize straw results, and prepare a final report. Monitoring Program 4. Continue monitoring Maintain current level of monitoring. Continue monitoring $550 program j oxygen levels year round and participate in the CAMP $0 +Staff monitoring. time Total $5,3001 $2,800 Orchard Lake Projects for 2010 Projects Description Costs BWS City Watershed Projects 1. Nutrient reduction in A nutrient reduction approach in the key subwatershed pond stormwater ponds in the "golf course" subwatershed was implemented by installing a pond aeration system. The pond will be monitored at two locations, before the aerated pond and $2,0001 $0 after the aerated pond, monthly through the summer at a minimum of five dates (May -Sept) and analyzed for TP, Chl, and iron. Lake Projects 2. Exotic species habitat Conduct fieldwork and monitor key water chemistry suitability assessment i parameters to determine the potential impact of a zebra $2,300 $0 ; mussel invasion on Orchard Lake. Include an overview of potential impacts of other non-native species as well. 3. Native aquatic plant Plant surveys will be conducted to evaluate extent of native management plant coverage and determine if programs are meeting 40% plant coverage goal. Conduct two surveys in 2010 following $4,400 $0 the protocol of previous surveys. As a part of these surveys, nuisance curlyleaf pondweed areas will be monitored and documented. 4. Long term curlyleaf Iron additions to Orchard and Lee Lakes appear to control pondweed control nuisance growth of curlyleaf pondweed. Follow-up $2,100 $0 using one-time iron evaluations in Orchard Lake will be conducted to determine application if the iron treatment has been successful. 5. Curlyleaf pondweed City staff is working with the DNR to use lake wide curlyleaf control for 2010 control with chemicals as a part of the DNR's curlyleaf $0 $37,500 control project and grant program. The city received a ($22,500)- $15,000 grant for 2010 curlyleaf control. Public Information and Education 6. Prepare report to We will prepare a summary report that will include an summarize 2010 evaluation of lake water quality, evaluation of the pond $3,000 $0 activities aeration system, plant surveys, and the iron treatment I results. Monitoring Program 7. Continue monitoring The citizen monitoring program should continue while$550 program I projects are in place to see if Orchard Lake responds in a $0 +Staff time positive or negative water quality manner. Total $13,800 $38,050 ($23,050)* *DNR Grant covers $15,000 of the full lake treatment. The City will be responsible for the remaining $22,500. 2 Lee Lake Projects for 2010 Projects Description Costs BWS City Lake Projects 1. Curlyleaf pondweed We will evaluate the impact that the 2004 iron treatment control/nutrient had on the curlyleaf population in Lee Lake using scuba $1,7001 $2,436 reduction test diving to assess curlyleaf stem densities. 2. Aquatic plant survey Conduct early summer and late summer aquatic plant j surveys. Specifically assess changes in vegetation after $900! $0 the 2009 alum treatment. Public Information and Education 3. Year end summary Prepare a summary report that will include an evaluation of report lake water quality, the status of the alum treatment, and the $3,000 $0 iron treatment results. Monitoring Program 4. Continue monitoring Maintain current level of monitoring. Continue monitoring$550 I program oxygen levels year round and participate in the CAMP $0 +Staff time monitoring. Total $5,6001 $2,986 Lake Marion Projects for 2010. Projects Description Costs BWS City Lake Projects 1. Shoreland inventory ! A photographic inventory of all shoreland parcels, including 1 the shoreland areas in the west basin, will be conducted in 2010. Shoreline buffer strips and upland vegetation characteristics will be evaluated for each parcel. A shoreland $3,900 $0 inventory establishes existing conditions, and can help lake residents to assess the status of their shoreland area. It also sets a benchmark for future comparisons. 2. Exotic species habitat Conduct fieldwork and monitor key water chemistry suitability assessment parameters to determine the potential impact of a zebra $2,300 $0 mussel invasion on Lake Marion. Include an overview of potential impacts of other non-native species as well. 3. Aquatic plant surveys Aquatic plants are critical to sustaining good water quality in Lake Marion. Continue plant surveys to evaluate extent of native plant coverage and evaluate status of exotic plants, especially Curlyleaf pondweed and Eurasian watermilfoil. $4,800 $0 Two surveys will be conducted, one in May and one in September. Each survey will follow the protocol of previous surveys. Reporting from these surveys is part of the public information and education for Lake Marion. 4. Aquatic plant control Conduct aquatic plant removal around fishing pier in Antlers, $1,500 $0 around fishing pier Casperson and Kenrick Docks, if needed. Monitoring Program 5. Continue monitoring Maintain current level of monitoring. Continue monitoring !I $550 program oxygen levels year round and participate in the CAMP $0 +Staff monitoring. ! time Total $12,500 1 $550 East Community Park/DNR Water Body 349W Projects for 2010 Projects Description Costs Orchard Lake: $13,800 Lee Lake: BWS City Watershed Projects 1. Nutrient monitoring Stormwater ponds and stormwater inflows will be monitored. $20,000 Lake sediments will also be analyzed for nutrient release $57,200 potential. E. coli will be monitored as well. A shoreland inventory will be conducted to determine areas of shoreline $10,000 $0 erosion and where native species enhancement may be practical. We will collect zooplankton and algae samples over the summer. A nutrient monitoring write-up will be produced. Lake Projects 2. Aquatic plant surveys Conduct plant surveys to evaluate extent of native plant coverage and evaluate status of exotic plants, if present. Two $3,000 $0 point intercept surveys will be conducted, one in May and one in September. 3. Fish surveys A standard fish survey using MnDNR methods will be conducted to characterize the fish community. Trapnets and $5,000 $0 mini fyke nets will be used. A report will be prepared to describe existing conditions and future fishery projects. 4. Preparation of a Summarize all data. Evaluate lake status in terms of nutrient management I criteria and lake to improve water quality to plan propose projects $2,000 $0 best practical conditions. Integrate findings from the other projects and produce a management report. Monitoring Program 5. Continue monitoring 1 Participate in the CAMP monitoring program. $550 program $01 +Staff time Total 1 $20,0001 $550 * VRWJPO Grant covers $9,000 for the feasibility study and assessment of DNR Waterbody 349W in East Community Park. The City will be responsible for the remaining $11,000. Cost Summary Valley Lake: $5,300 Orchard Lake: $13,800 Lee Lake: $5,600 Lake Marion: $12,500 East Park: $20,000 Total: $57,200 5 AGREEMENT FOR ENGINEERING SERVICES This Agreement is made this day of , 2010, by the CITY OF LAKEVILLE, Minnesota, and Steve McComas d/b/a/BLUE WATER SCIENCE (the "Consultant"). 1. SCOPE OF SERVICE AND AUTHORIZATION. The City of Lakeville retains the Consultant to provide scientific services as described in Attachment A: Blue Water Science Project List for City of Lakeville Lakes for 2010. The Services shall be commenced immediately upon receipt of written notice to proceed form the City of Lakeville. 2. PERIOD OF PERFORMANCE. Field work will occur from May through November with final reports submitted by March 1, 2011. 3. FEES AND PAYMENT. The Consultant's fee for the Services shall be based on its standard hourly rates but shall not exceed $57,200. This includes non -salary expenses such as barley straw costs, landscaping plants, and educational materials that will be printed. Payment shall be due within 30 days after completion of the Services, as determined by the City of Lakeville. 4. PROFESSIONAL RESPONSIBILITY. The Consultant shall perform the Services consistent with that level of care ordinarily exercised by members of its profession practicing under similar conditions. 5. CITY OF LAKEVILLE RESPONSIBILITY. At the Consultant's reasonable request, the City of Lakeville shall provide to the Consultant all reports, data, studies, plans, specifications, documents, and other information in its possession which are relevant to the Services. The Consultant shall be responsible only for the accuracy of the data, interpretations or recommendations generated or made by others, which are based, in whole or in part, on the Consultant's data, interpretations or recommendations. 6. INDEMNIFICATION. (a) The Consultant shall indemnify, defend and hold harmless the City of Lakeville and its officers, employees, agents, and successors, from and against any and all losses, damages, claims, liabilities, costs, and expenses, including legal fees and costs of investigation, resulting from or arising out of (i) a material breach by the Consultant of any term or provision of this Agreement, or (ii) any negligent act or omission or intentional misconduct of the Consultant in the performance of this Agreement or the Services. (b) Subject to the limitations, immunities and defenses in Minnesota Statutes chapter 466, the City of Lakeville agrees to indemnify, defend and hold harmless the Consultant and its officers, employees, agents, and successors, from and against any and all losses, damages, claims, liabilities, costs, and expenses, including legal fees and costs of investigation, resulting from or arising out of any negligent or wrongful act or omission of the City of Lakeville, its officers, directors, or employees. 7. INSURANCE. The Consultant shall maintain during the performance of the Services (a) statutory workers' compensation insurance, and (b) commercial general liability and automobile liability insurance with a combined single limit of at least $500,000. Certificates of insurance evidencing such coverages shall be provided upon request. The certificates shall state that the City of Lakeville will be notified in writing 30 days before cancellation, material change, or renewal of the insurance. 8. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. The Consultant's notes, reports, data, studies, drawings, plans, specifications, documents, tests, and other information arising from the Services performed by the Consultant (collectively, the "Documents") are and shall become the property of the City of Lakeville, except where by law or precedent these documents become public property. The City of Lakeville shall have the full right to use such Documents for any public purpose. The Consultant shall have the right, but shall not be obligated, to retain copies of all such materials. 9. RELATIONSHIP OF PARTIES. The Consultant shall be an independent contractor in performing the Services and shall not act as an agent or an employee of the City of Lakeville. The Consultant shall be solely responsible for its employees, subcontractors, and agents and for their compensation, benefits, contributions, insurance and taxes, if any. The Consultant shall not have any right or authority to make any representations or to assume or create any obligation, expressed or implied, on behalf of the City of Lakeville. 10. AUDIT. All documents and records relating to this Agreement shall be available for inspection by the City of Lakeville. The City of Lakeville may audit all records of the Consultant relating to the costs, expenses and Services performed. If the audit shows that the payment by the City of Lakeville to the Consultant exceeds the amount due the Consultant, the excess amount shall be returned to the City of Lakeville and the Consultant shall bear the expense of the audit. 11. GOVERNING LAW AND ATTORNEY'S FEES. This Agreement is governed by and shall be construed according to the laws of Minnesota. In any action arising from the performance of the Services or breach of this Agreement, the prevailing party shall receive, in addition to other compensation awarded, its reasonable costs and attorneys' fees. 12. NOTICES. All notices and communications to the Consultant under this Agreement shall be to 550 South Snelling Avenue, St. Paul, MN 55116. Verbal communications shall be confirmed in writing. 13. ENTIRE AGREEMENT. This Agreement, including any attachments incorporated, constitutes the entire understanding between the City of Lakeville and the Consultant. Any modifications to this Agreement shall be in writing and signed by authorized representatives of the parties. Page 2 CITY OF LAKEVILLE By: Its: Mayor Date: By: Its: City Clerk Date: STEVE MCCOMAS D/B/A BLUE WATER SCIENCE Al - Its: Date: Page 3 STATE OF MINNESOTA ENCUMBRANCE WORKSHEET State Accounting Information: CFMS Contract No. Agency Contract Identification No.: 3 19 QS Agency: R29 Fiscal Year: 2010 z Vendor Number: 036M/ J (o / OU I d"C Total Amount of Contract:$ 15000 Amount of Contract Frst FY: $15000 Commodity Code. Commodity Code: Commodity Code: o a ?✓ , 67 7 1 Object Code: Object Code: Object Code: O � Q a V Amount. $15000 Amount: Amount: Accounting Distribution 1: Accounting Distribution 2: Accounting Distribution 3: Fund: 100 Fund: Fund: Appr: EO1 Appy: Appr: Org/sub: E721 Org/Sub: Org/Sub: Rept Catg: H99B Rept Catg: Rept Catg: Amount: $15000 Amount: Amount: ACT: E625, Proj: ECLP0000 Contract Start Date: March 26, 2010 Expiration Date: September 30, 2010 Contractor Name and Address: McKenzie Cafferty, City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 41-6005304 Orchard Lake, Dakota Grant (Rev. 1/2010) Orchard Lake, Dakota IL&, Nancy Hood 3/�g/-a STATE OF MINNESOTA GRANT AGREEMENT This grant agreement is between the State of Minnesota, acting through its Commissioner of Natural Resources ("State") and City of Lakeville, care of McKenzie Cafferty 20195 Holyoke Avenue Lakeville, MN 55044 ("Grantee"). Recitals 1. Under Minn. Stat. 84.026 the State is empowered to enter into this grant. 2. The State is in need of an experimental treatment of curly -leaf pondweed in Orchard Lake (19003 100) in Dakota County. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the satisfaction of the State. Grant Agreement Term of Grant Agreement 1.1 Effective date: March 26, 2010, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant agreement until this agreement is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: September 30, 2010 or until all obligations have been satisfactorily fulfilled, whichever occurs first. Encumbrances for grants issued by June 30 may be certified for a period of one year beyond the year in which the funds were originally appropriated. Services rendered under grant contracts may occur during the certification period. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant agreement: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 18. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: 1. Arrange for a contractor to treat all of the curly -leaf pondweed in Orchard Lake (DOW# 19003 100) with endothall herbicide and obtain an invoice from the contractor for the work undertaken. 2. Provide to the Commissioner: a copy of the original invoices from the contractor, and the original application record from the applicator. The invoice should include a description of methods used, the name of the herbicide applied, rate of application, the total amount of herbicide applied, the water temperature at the time of herbicide application, and the date(s) of application. 3. Bill the State by mailing to the State's Authorized Representative, Wendy Crowell, a letter or invoice requesting reimbursement for the appropriate portion of the costs of the treatment. Reporting Requirements: The Grantee shall submit a progress report, in a form prescribed by the State, each year during the term of this grant agreement. A final report must be submitted with the request for final reimbursement. Website Reporting: As a recipient of a 2010 state grant funded by an appropriation under (IF 2123) 2009, Chapter 37, Article 1, Section 4, detailed information on the expenditure of grant funds, and measurable outcomes as a result of the expenditure of funds will be displayed on Grantee's web site by June 30 each year. If Grantee does not have an active web site, they shall report to the Authorized Representative the detailed information on expenditure of grant funds. Grant (Rev. 1/2010) Orchard Lake, Dakota 3 Time The Grantee must comply with all the time requirements described in this grant agreement. In the performance of this grant agreement, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant agreement as follows: (1) Compensation. The Grantee will be paid a lump sum of $15000. (1) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant agreement will not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant agreement will not exceed $15000. 4.2. Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Upon completion of the services. (2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant agreement will be made from federal funds obtained by the State through Title CFDA number of the Act of . The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant agreement must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Wendy Crowell, Ecological Resources Grants Coordinator, MN Department of Natural Resources, 500 Lafayette Rd, St. Paul MN 55155, 651-259-5085, or her successor, and has the responsibility to monitor the Grantee' s performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is McKenzie Cafferty, City of Lakeville, 20195 Holyoke Avenue Lakeville, MN 55044, 952-985-4528. If the Grantee's Authorized Representative changes at any time during this grant agreement, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant agreement Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant agreement, or their successors in office. 7.2 Amendments. Any amendment to this grant agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office. Grant (Rev. 12010) Orchard Lake, Dakota 7.3 Waiver. If the State fails to enforce any provision of this grant agreement, that failure does not waive the provision or its right to enforce it. 7.4 Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant agreement, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. 9 State Audits Under Minn. Stat. § 16C.O5, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant agreement. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant agreement. Venue for all legal proceedings out of this grant agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. Grant (Rev. 12010) Orchard Lake, Dakota 14 * Accessibility: Structural and nonstructural facilities and programs must meet all state and federal accessibility laws, regulations, and guidelines. Copies of accessibility guidelines can be downloaded off the Americans with Disabilities Act Accessibility Guidelines website at http://www.access-board.gov 15 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The prospective lower tier participant certifies, by submission of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. 16 Monitoring If the grant is over $50,000, the State's authorized representatives will conduct at least one monitoring visit per grant period. This visit may be in person or by telephone. 17 Termination The State may cancel this grant agreement at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 18 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. Grant (Rev. 1/2010) Orchard Lake, Dakota 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as requi ed Minn. St ,q"16,,A.15 and 16C.05. Signed: r Date: (JO -3—) ' (— d CFMS Grant agreement No. B- 41 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Grant (Rev. 1/2010) Orchard Lake, Dakota 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: Agency Grantee Statu—s Authorized Representative - Photo Copy Dakota County Contract #12082 JOINT POWERS AGREEMENT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS BOARD AND THE CITY OF LAKEVILLE FOR COST SHARE RELATED TO DNR PROTECTED WATER 349W WATER QUALITY ASSESSMENT STUDY WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed management body consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion River Watershed Joint Powers Board (VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. §§ 103B.211 to 103B.255 and as otherwise provided by law; and WHEREAS, the City of Lakeville (CITY) is a governmental and political subdivision of the State of Minnesota; and WHEREAS, the CITY owns East Community Park which is a 50 acre park/greenway surrounding DNR Protected Water 349W; and WHEREAS, DNR Protected Water 349W is a 40 acre wetland that drains directly to North Creek; and WHEREAS, the water quality of DNR Protected Water 349W is extremely poor; and WHEREAS, the CITY desires to undertake a study to assess DNR Protected Water 349W to determine what potential improvements could be made to improve the water quality of the waterbody; and WHEREAS, the study would include assessing: (1) the current fish communities; (2) the current shoreline vegetation; and (3) potential sources of internal and external nutrient loading (STUDY); and WHEREAS, the estimated cost of the STUDY is $18,000.00 and the CITY is seeking contribution from the VRWJPO in the amount of $9,000.00; and WHEREAS, the VRWJPO adopted its Watershed Plan on November 3, 2005, and said Watershed Plan contains a Cost Sharing Policy that provides guidance to the VRWJPB regarding the cost sharing between the VRWJPO and potential partners for various watershed management efforts affecting the Vermillion River Watershed; and WHEREAS, the Cost Sharing Policy sets forth priorities for improvements affecting the Vermillion River Watershed and that the STUDY qualifies for up to a 50% cost share; and NOW, THEREFORE, in consideration of the mutual promises and benefits that the VRWJPO and the CITY shall derive from this Agreement, the VRWJPO, through the VRWJPB, and the CITY hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to define the responsibilities and cost sharing obligations of the VRWJPO and the CITY for the STUDY. ARTICLE 2 PARTIES The parties to this Agreement are the Vermillion River Watershed Joint Powers Organization (VRWJPO) acting through its Joint Powers Board (VRWJPB) and the City of Lakeville, Minnesota (CITY). ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until August 31, 2010, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The VRWJPO and the CITY agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 PAYMENT 5.1 The VRWJPO shall cost share with the CITY in an amount equal to 50% of the total cost incurred by the CITY for conducting the STUDY, but not to exceed Nine Thousand and No/100 Dollars ($9,000.00). 5.2 The VRWJPO shall make payment to the CITY after the STUDY has been completed and the VRWJPO has been provided with a final report as required by Section 6.2 below. The VRWJPO shall make payment to the CITY within 45 days following receipt of the final report and receipt of an invoice detailing the costs incurred by the CITY in conducting the STUDY. 5.3 The VRWJPO may refuse to pay any claim that is not specifically authorized by this Agreement. Payment of a claim shall not preclude the VRWJPO from questioning the propriety of the claim. The VRWJPO reserves the right to offset any overpayment or disallowance of claim by reducing future payments. ARTICLE 6 CITY'S OBLIGATIONS 6.1 AUTHORIZED PURPOSE. The cost share funds may only be used by the CITY for the payment of costs associated in conducting the STUDY. 6.2 FINAL REPORT. Following completion of the STUDY, the City shall provide to the VRWJPO a final report that outlines how the STUDY was conducted, findings and conclusions, and recommendations. 6.3 ACKNOWLEDGMENT. The CITY shall appropriately acknowledge the funding assistance provided by the VRWJPO in any promotional materials, signage, reports, publications, notices, and presentations relating to the STUDY. This section shall survive the expiration or termination of this Agreement. 6.4 COMPLIANCE WITH LAWS/STANDARDS. The CITY shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations in conducting the STUDY. ARTICLE 7 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the VRWJPO and the CITY. This section shall survive the expiration or termination of this Agreement. 2 ARTICLE 8 AUTHORIZED REPRESENTATIVES AND LIAISONS 8.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE VRWJPB: Joseph A. Harris or successor, Chair Vermillion River Watershed Joint Powers Organization 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7030 TO THE CITY: Holly Dahl or successor, Mayor City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Telephone: (952) 985-4420 In addition, notification to the VRWJPB regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 8.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the VRWJPB and the CITY. The VRWJBP and the CITY shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: VRWJPB Liaison: Travis Thiel Telephone: (952) 891-7546 CITY Liaison: Mac Cafferty Telephone: (952) 985-4520 ARTICLE 9 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Boards, and signed by the Authorized Representatives of the VRWJPB and the CITY. ARTICLE 10 TERMINATION 10.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days' written notice or without cause by giving 30 days' written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. This Agreement may also be terminated by the VRWJPO in the event of a default by the CITY. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 10.2 TERMINATION BY VRWJPO FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the VRWJPO may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if it's funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the VRWJPO to the CITY by facsimile is sufficient notice under this section. The VRWJPO is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The VRWJPO will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. ARTICLE 11 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. This section shall survive the expiration or termination of this Agreement. ARTICLE 12 MERGER This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. ARTICLE 13 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. CITY OF LAKEVILLE By By Holly Dahl, Mayor Date of Signature: Date of Signature: City Clerk VERMILLION RIVER WATERSHED JOINT POWERS BOARD AP ROVED AS TO FORM: By ,e-e,.--<�- 3�a� ao/ 6 Joseph A. Harris, Chair A sistant Cfakofa Co my Attorney Date Date of Signature: VRW Res. No. 10-17 K-10-90 2 AGREEMENT THIS AGREEMENT, made this _ day of '2010, by and between the City of Lakeville, hereinafter called "Owner" and Midwest AquaCare, doing business as a corporation, hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the following work: • Lee Lake Curlyleaf Chemical treatment up to 3 acres. • Valley Lake Eurasian Watenmilfoil treatment up to 3.5 acres. • Perform all duties as identified in the bid dated March 10th 2010. 2. The Contractor will furnish all of the material, supplies, tolls, equipment, labor and other services necessary for the construction and completion of the project described herein. 3. The Contractor will complete the work required by the Contract Documents within the specified completion dates unless the period for completion is extended by the Contract Documents. 4. The Contractor agrees to perform all of the work described in the Contract Documents for the sum not to exceed $4_ ,686.00. 5. The Owner will pay to the Contractor in the manner and at such times as set for in the General Conditions, such amounts as required by the contract documents. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement, or caused to be executed by their duly authorized officials. CITY OF LAKEVILLE By: Holly Dahl, Mayor Date: By: Charlene Friedges, City Clerk Date: Midwest AquaCare 10001 Great Plains Blvd. Chaska, MN 55318 By: Title: AGREEMENT THIS AGREEMENT, made this _ day of, 2010, by and between the City of Lakeville, hereinafter called "Owner" and PLM Lake & Land Management Corp, doing business as a corporation, hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the following work: • Orchard Lake Curlyleaf Chemical treatment up to 150 acres. • Perform all duties as identified in the bid dated March 23, 2010. 2. The Contractor will furnish all of the material, supplies, tolls, equipment, labor and other services necessary for the construction and completion of the project described herein. 3. The Contractor will complete the work required by the Contract Documents within the specified completion dates unless the period for completion is extended by the Contract Documents. 4. The Contractor agrees to perform all of the work described in the Contract Documents for the sum not to exceed $37,500.00. 5. The Owner will pay to the Contractor in the manner and at such times as set for in the General Conditions, such amounts as required by the contract documents. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement, or caused to be executed by their duly authorized officials. By: By: By: CITY OF LAKEVILLE Holly Dahl, Mayor Date: Charlene Friedges, City Clerk Date: PLM Lake & Land Management Corp PO Box 326 Pequot Lakes, MN 56472 Title: