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Home My WebLink AboutResolution 6781 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� � No. 6 7 8 1 G ��'FPS HO�� A RESOLUTION APPROVING THE ESTABLISHMENT OF THE CARMAN BAY LAKE IMPROVEMENT DISTRICT WHEREAS,the Orono City Council may agree the establishment of a lake improvement district under Minnesota statute section 103B.515; and WHEREAS,the Orono City Council must adopt a resolution to establish a lake improvement district; and WHEREAS, the resolution must: (1) specify the boundaries of the district,which shall be encouraged to be as consistent as practical with natural hydrologic boundaries; (2) prescribe the water and related land resource management programs to be undertaken in the district; (3) state how the programs will be financed; (4) designate the agency that will be responsible for supervising the programs; and (5) Specify the number, qualifications,terms of office, and method of election,removal, and filling of vacancies of the Board of Directors, including a method for property owners not present at the annual meeting to participate in the election of the district board. NOW BE IT THEREFORE RESOLVED that city council of Orono, Minnesota hereby intends to establish a Carman Bay Lake Improvement District(CBLID) and that: (1) The boundaries of the CBLID shall be as shown on the Exhibit A map(attached). This boundary is consistent with the natural hydrologic boundaries of the bay and includes all properties that have lake rights to Carman Bay, Lake Minnetonka. (2) The water and related land resource management programs to be undertaken in the CBLID to include prevention and management of aquatic invasive species per the Exhibit B, (attached) which outlines the water and related land resource management program to be undertaken. (3) The prevention and management program will be financed by a levy on the property owners in the district plus grants and gifts. The actual levy and its distribution will be approved by the Carman Bay Lake Improvement District Board of Directors at their annual meeting which will be in July or August of each year and all property owners will be notified of the meeting. The cost to treat Carman Bay is estimated to be$20,000 to $30,000 per year plus lake monitoring, administrative costs and spot treatments in any non-treatment years. Exhibit C (attached)shows the proposed budget for the CBLID for 2018. 1 ��Np CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G,�C' NO. U 7 � � !''k�g}j p�F' (4) The City of Orono shall oversee the operation of the CBLID. (5) The Board of Directors of the Carman Bay Lake Improvement District shall consist of 7 members serving 2 year terms except for the initial7 members which shall include 4 members for 3 year terms and 3 members with 2 year terms. The initial members shall be appointed by the City Council with subsequent members elected at the annual meeting of the CBLID. The initial and all subsequent Board of Directors must include persons owning property within the district, and a majority of the directors must be residents of the district. All Carman Bay property owners at the annual meeting shall be allowed to vote. Property owners who cannot attend may submit their vote by mail which must be received by the City of Orono before the start of the Annual Meeting. Vacancies on the Board of Directors shall be filled by a vote of the remaining Board members. NOW THEREFORE,BE IT FURTHER RESOLVED by the City Council of the City of Orono that the Mayor is authorized to send a copy of this resolution to the Department of Natural Resources Commissioner,the Minnehaha Creek Watershed District Board of Managers, the Lake Minnetonka Conservation District Board,the Secretary of State, and the Minnesota Pollution Control Agency. NOW THEREFORE,BE IT FURTHER RESOLVED by the City Council of the City of Orono that this resolution shall be effective 30 days after it is published in the official newspaper of the City of Orono. ADOPTED by the Orono City Council on this�day of ' ,20� on a vote of 3 ayes and � nayes. ATTEST: CITY OF ORONO: a arlson,City Clerk Dennis Walsh, Mayor 2 Resolution . . ,. 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Far moro Harmatioq oorAeet hi�nneMi Counly GIS Olf� 3Do&h 6treet South,MMeepots.MN 364871 pls.inlo�hannapin.ur � 781 Resolution Exhi it B Exhibit B -Wate*and Land Management Resource Managemcnt Ptograms To be Underta�ca In The Ca=man Bay I.ake Improvemeat Distynict The follov�ring information is being submitted at the=equest of the DNR fot their coasidetation as we the citize,ns of the Distdct with the cooperation of the City of Orono move faravard to establish the p�roposed Carman Bap Lake Improvement Dist�ict(CBLID)in accordance with Minnesom Rules 6115.0970. A written statement of lake pmblems and objecdves The proposed type or types of wat�er and hnd related resourc�management projects to be under- taken by the ptoposed dist�ict This shall iaclude a detailed statement of inteaded studies,maaage- ment programs,remedial actions and consttucdan projects A statement of the means bp which the programs will be ftnanced A map showiag the boundaries of the proposed LID Thc aumber of directors pxoposed fior the Distict Copies of]ocat ordinances which regulate the use of the lake oi any public access Any iafotmatioa iadicatiag the degxee of Iocal inter�t and commitment ta fature management The ideatification of aay lands and waters which may be adve=sely affected bp the implementation of District purposes,and a preliminary assessment of these adverse effects A sratement oudining the adec�uary and ocme=ship of public accesses,including public lands and beaches An esti�nate of the totat equalized v'aluation of the pxoperty within the district Any other information demonsttatiag accordance with the cxiteria and standa�ds far establ�ishtnent as laid out in 612 5.09G0 A writben statement of lake ptoblcros and objectives. Eurasian watemiilfoil and curly].eaf poadweed,invasive plants,have beou problematic in C:aanan Bay for sevetal decades. These two p]ants have reduced the diversity and abundance of native pls�ts and theteEore bave dimiaished the health of the Bay. As well,these tcvo plants iatexfere wit�boating,savimming,recxea- tion and enjopmeut The Carman Bay tesidents,in cootdiaation with the I:ke Minnetonka Association(LMA) and the'_Vliczne- sota Depardnent of Natutal Resources{DNR) have d�veloped and unplemented a Lake Vegetation Man- agement Plan or LVMP (att�che�,whieh has significantly coutrolled Eutas»*t wat,etmilfrnl and ct�tlpleaf pondweed and iacreased the diversity aad abundance of native plants without compxomising water quality. Caanan Bay was one of 3 Bays on Lake Minnetonka involved ia the Lake Minnetonka Milfoil Ptoject cvhich was conceived in 2046. This"Thxee Bay Demoastration Project"was a caopexative effort between the LMA and the Lake Miunetouka Conservation Distxict(LMCD). The pmject brought these two organ- izatioas together with the US Army Corps of Engiaeers and the DNR to assess new technologies aad ap- praaches fos latge-stale selettive herbicide treattnents to conuol and combat EWM. 6 � $ 1 Exbibit B -Water and Land Maaagement Resou=ce Management Programs To be Undertaken In The Catmaw Bay Lake Impmvement Distcict The majority of the costs fox these treatments have been voluntarily bome by the Bap residents,althoug� the City of Orono and the D1�IR have contmbuted in the past A Lake Improvement Distact(LID) has been proposed m more equitably,effir.iendy and reliably fund and administer this progxam. Othes acjuatic i�nvasive species (AIS),those now in the Bap as well as those that tnap be introduced and es- tablished in the futute,pose similar threats to the Ba�s health aad xecreation snd are therefore a concem. Zebra mussets are now in the Bay,howevex no knoavn contra),s are avai]able at this time. Control pro- gtams fot other invasive plants,animals aad padloge�na will be considered by the LID. r bletns: 1. Eurasian watermilfoil and curlpleaf pondweed dinninish the health of and intetfete with tocxeation ia Cara�an Bay. 2. Zebra mussels now in Ca,nnaa Bay as well as othex AIS that may become estsblished in Carnnan ., Bay aYe likely to have similu impacts to its health and enjoyment SZ�� 1. Eutasian wate�ilfo�and curlylenf pondweed will be controlled as specified in the LVMP. 2. Itiative plants and water quality w�l b�maintained or impYoved as specified in the LVMP. 3. Monito=aad assesa impaets of additionRl AIS and consider feasible controls whea neaded and ap- pxopriate. The pmposed type or typea of water aad land related resoutce managemeat projects to be undet- taken by the ptoposed distdct. This shall include a detailed statement of inteaded etudies,man- agemeat programs,remedial actions aad constructio�►projects. The initial aad psin�atp management pxoject of Ehe LID will be the continuation of the Eurasiaa watexmil- foil aad t;uxlqleaf pondweed c:ontrol progXam undet the LViVIP,iacludi.ng thc required monitosing and as- sesstnen� The LID will monitor and evaluate the availability of feasible controls for zebxa mussel aad when awAilable and aesded,the LID can develop and implement zebra mussel controls in coordination with local agen- cies. The LID will develop plaas and pmgrams fo=additional AIS,iE and when theq become established and problematic in Carinan Bay. Land management pxojects are not anticipated. Recxat controls of EZxraQt,r9n watermilfoil and curlyleaf pondweed b�ave used hexbicides regiateted by the United States Eavitonmental Agency and have bean pemwitbed by the Minnesots DepatEmeat of Nat� Resources. The products and methods used have occurred within a st�ict reg�ilatory milieu,which is de- aigned to m;n;mitie]ikely advetse effects and unintet2ded consequences. Thetefote,xathec than causing or increasiag advesse side effeets,the proposed LI17 witl more likely control and decrease adverse effects. Shouid the LID employ other products oi methods to conttol EWM and CLPW or other AIS,it will occur with the same regulatory oversight Therefore,adverse effects to land and watet ate aot enricipated. 67 $ 1 Exhibit B-Water and Land Management Resoutce Management Progtama To be Undertaken In The Ca:man Bay Lake Improvcment Distdct As the LID considets or proposes modifying the current EW'_VI and CLPW control progratn o=any con- trol prog�ams for other ALS,det�iled assessments of�Sossible adverse effects to lands and waters will be provided as requited or appropnate. � 7 � � ! CARMAN BAY LAKE IMPROVEMENT DISTRICT Sample initial Budget and Estimated Assessment The Carman Bay LID programs will be financed by a levy on the property owners within the LID initiated by petition and with the cooperation of the City of Orono. The actual levy and its distribution will be approved by the CBLID Board each year at the Annual Meeting. Based on our experience of the past 10 years,the estimated cost to treat AIS in Carman Bay for the year 2018 including lake monitoring, administrative costs,and spot treatments is$20,000. The following is considered a reasonable food faith estimate of the needed annual levy necessary to fund the foregoing: Lakeshore Property Owners—76 properties @$200 $15,200 Cove Property Owners-34 properties @$150 $5,100 Undeveloped Lots—3 properties @$100 $300 TOTAL $20,600 Plus Gifts, Grants and Contributions