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5.d) Staff Report-Buffer Contract � � �� \ � � SCANDIA Staff Renort Date of Meeting: August 20, 2013 To: City Council From: Kristina Handt,Administrator Re: Buffer Contract Agenda Item#: S.d) Bacicground: At previous work sessions the Council has discussed working with the Car-Mar Watershed to plant native buffer installations on City owned property around Goose Lake. At the July work session,the Council agreed to move forward with the plantings just on the strip of land north of the landing used by the public works department to access the aerator. Included in your packet is a contract agreement with Car-Mar to complete this work. Issue: Should the City Council approve the contract for the native buffer installations? Proposal Details: Pages three and five of the contract lays out most of the responsibilities of Car-Mar and the City. The contract gives Car-Mar the right to enter the property, install the native buffers and signage, and continue maintenance for the first two years. The City is responsible for maintaining the project for 10 years, which includes weeding(either by hand or by applying herbicide). If the City fails to maintain the project for 10 years, the City is liable for reimbursing the cost of the project. The City would not be liable for the costs if in Car-Mar's judgment failure of the project was caused by reasons beyond the control of the City. Sample signage is also included in your packet. It is a 9"x18"metal sign. The sample in your packet is from previous projects and may vary slightly depending on what the watershed district receives from the DNR. Fiscal Impact: Initial installation is covered completely by a grant the watershed district received from the DNR. It reyuires no City match. Could be future costs if the City is liable for replacing the project. Options: 1) Approve the contract 2) Amend and then approve the contract 3) Do not approve the contract Recommendation: Option 1. � . i � � � � � CARNELIAN MARINE ST . CROIX WATERSHED DISTRICT BEST MANAGEMENT PRACTICES NATIVE SHORELINE BUFFER INITIATIVE Application Steps The Carnelian-Marine St. Croix Watershed District(CMSCWD)Native Shoreline Buffer Initiative program provides technical assistance and 100%of eligible implementation costs for installing native shoreline buffers on targeted lakes within the CMSCWD. Experts in erosion, landscaping, and water quality issues, CMSCWD helps landowners implement shoreline buffer projects. The landowner must maintain the constructed improvements for a minimum of ten years. Step 1: Contact the CMSCWD at 651-433-2150 or jshaver@croscwd.org to schedule a site visit. This visit is a free service provided to landowners within Washington County through a partnership between CMSCWD, Washington Conservation District, and Washington County. Step 2: For CMSCWD staff to proceed with the development of shoreline buffer plans, complete Part 1 of this application. Submit Part 1 to the CMSCWD BMP Program; P.O. Box 188, 21150 Ozark Avenue; Scandia, MN 55073; or email to jshaver@croscwd.org or jchesnut@mnwcd.org. Once your application is received, CMSCWD staff will develop a shoreline buffer plan. CMSCWD staff may need to return to your property to take measurements and will need to meet with you again to review concept designs and cost estimates. Step 3: To participate, sign the contract under Part 2 of the application and submit it to the CMSCWD BMP Program; P.O. Box 188, 21150 Ozark Avenue; Scandia, MN 55073; or email to jshaver@croscwd.org or jchesnut@mnwcd.org. 1 of 5 NATIVE SHORELINE BUFFER INITIATIVE Part 1 — Native Shoreline Buffer Initiative Applicant Information Completing Part 1 of this application indicates interest in the Native Shoreline Buffer Initiative program and a request for technical assistance only. Part 2 of this application is required only if a buffer project is requested and need not be completed before CMSCWD staffhas conducted a site visit. Name City of Scandia Mailing Address 14727 209th St. N. City State Zip Code Scandia MN 55073 Home Phone Work/Cell Phone 651-433-2274 Email Address k.handt@ci.scandia.mn.us Project Address (if different from mailing address) PID 1103220330006 City, Zip Waterbody(if applicable) Scandia, MN Goose Lake Describe the shoreline on your property. Use additional sheets if necessary. 50 foot wide shore line on Goose Lake that provides access to aerator. Minimal vegetation present. Are you willing to have your property be used as a demonstration site? Yes Signature of Applicant. I certify the above information is true and accurate. Date 2 of 5 NATIVE SHORELINE BUFFER INITIATIVE Part 2 — Native Shoreline Buffer Initiative Contract I(we)the undersigned,the Landowner, do consent to participate in the Carnelian-Marine St. Croix Watershed District (CMSCWD)Best Management Practices Native Shoreline Buffer Initiative. The Landowner's signature indicates their agreement to and understanding of the following: 1. The CMSCWD representative(s)have access to the parcel where the conservation practice will be located throughout the duration of the project implementation. 2. The CMSCWD representative(s)will coordinate the initial installation of the project and provide guidance for on-going maintenance. CMSCWD, or their representatives,will provide maintenance for the installation for two years from the date of seeding. 3. The Landowner agrees to participate in future operation and maintenance activities for the conservation practice listed as described in Attachment A: Operation and Maintenance Plan included with this agreement. 4. The Landowner agrees to have signage placed in or near the buffer in accordance with Minnesota Law 2009, Chapter 172,Article 5, Section 10.The signage must remain for the duration of the contract period (]0 years). 5. Should the Landowner remove or replace the practice(s)during its effective life,a minimum of 10 years, the landowner is liable to the CMSCWD far the full cost to install and establish the practice on the landowner's property. The Landowner is not liable for replacing or repairing the native shoreline buffer if (in the judgment of the CMSCWD)a failure of the project was caused by reasons beyond the landowner's controL In no case shall the CMSCWD provide funding assistance to a landowner for the reapplication of a practice that was removed by the landowner during its effective life without consent of the CMSCWD Board. 6. If title to this land is transferred to another party before expiration of the aforementioned life,it shall be the responsibility of the Landowner who signed this contract to advise the new owner of the Project and to notify the CMSCWD of the transfer of title. 7. Any future replacement practice(s)proposed for installation by the Landowner must be planned and installed in accordance with technical standards and specifications of the CMSCWD. 8. This contract,when approved by the CMSCWD Board,will remain in effect unless canceled by mutual agreement except where installations of practices covered by this contract have not been started within one year from the date of the Board approval of this contract;this contract will be automatically terminated on that date. Practices will be installed within two years from the date of Board approval unless this contract is amended by mutual consent to reschedule the work and funding Signature of Applicant Date 3of5 NATIVE SHORELINE BUFFER INITIATIVE Part 3 — Native Shoreline Buffer Initiative Project Information Permit Information ro ect ma not be in until all re uired ermits are received Permit Required Date Submitted Date Received Permit# CMSCWD(fee waived for Cost �S Share Pro ects City/County Grading N DNR Aquatic Plant N DNR Public Waters Y 2000-6080 Wetland Conservation Act N MPCA Feedlot N MPCA NPDES N Army Corps N National Park Service N Technical Assessment and Cost Estimate Conservation Practice(s) Total Estimated Cost Native Shoreline Buffer installation— $ I have reviewed the site where the above listed conservation practice(s)are to be installed and find that they are needed and that the estimated quantities and costs are practical and reasonable. CMSCWD Technical Representative Date CMSCWD Board -Pro'ect A roval Date application received Name of Lake Approximate buffer area(sq ft) CMSCWD Board Representative Board meeting date approved 4of5 NATIVE SHORELINE BUFFER INITIATIVE Attachment A: Operation and Maintenance Plan The following outlines the responsibilities of the applicant in the operations and maintenance of the installed project during the contracted 10-year operations period to ensure the continued function of the practice as designed. Should a subcontractor be designated to perform any of the designated landowner responsibilities as follows, the landowner is ultimately responsible for work performed by the subcontractor. A. Weed invasive species on an ongoing basis either by hand pulling or treating selectively with herbicides. Always follow instruction on the herbicide label and use only ayuatic formulations of an herbicide within ten feet of the water. Plant and weed identification assistance is available from CMSCWD staff. B. Notify CMSCWD staff if at any time the project is not functioning as designed. C. List other tasks unique to this project below. Signature of Applicant Date 5 of 5 ri��`Y• � � �� 7, �` � r,. � q � �Y'. �?. �.:. ��' j . F �` .R�:::,_ . M.. '�-..� \-J 4 .,_ �� ' �. � � �': r' ._. � .fi. «. r�_�.. � ... �: � O �; ��y,:,;i,_ _ �� r�.''��,,,,��: ¢- ��: � �} , r ,_ �.�,�1I� I��: � �`� �� . � � � ;. �� _. � � « � ;��. � rt :� ;,;,� �,,� c� . ��