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Legals

CRWD Minutes Meeting Nov. 13, 2013

UNOFFICIAL MINUTES Clearwater River Watershed District Board of Managers Meeting November 13, 2013 - 7:00 P.M. Annandale Middle School, Annandale, MN

Chair Schiefelbein called the regular meeting to order at 7:00 p.m. Managers Jerry Risberg, Paul DeGree, Mary Ellen Wells and Bob Schiefelbein were present. Also in attendance were Bill Arendt, Alex Evavold, Jack 
Gleason, Jeff Golden, Theresa Hagg, Jeff Hagg, Roger Halford, Commissioner Christine Husom, Orv Jonsrud, Brandon Larkin, Jeremy Sivula, Jeff Westrum, Lori Westrum, Cole Loewen, Engineer Norm Wenck, and Administrator Dennis Loewen. Advisor Merle Anderson was excused.

Motion #13-11-1: DeGree, seconded by Wells, moved to adopt the agenda. All managers voted aye.

The Oath of Office was administered to Jeff Golden, who was newly appointed to the Board by the Wright County Board of Commissioners.

Motion #13-11-2: Risberg, seconded by DeGree, made a motion to elect manager Golden to the officer of Public Relations & Information. All managers voted aye.

Agenda item “Discussion on Clearwater Harbor” was moved up under presentations.

Cole Loewen opened continued discussion on the Clearwater Harbor Sewer System with a presentation on two reports: 1) select expenditures for said system from January 1, 2007 – current date, and 2) basic financial report showing all revenues and expenditures for the Clearwater Harbor Sewer System Maintenance Fund [630] from its inception until the end of 2012. Loewen indicated both reports can be e-mailed to interested parties by contacting the District office.

Administrator Loewen indicated legal counsel is still working on a response to the questions the board submitted regarding Clearwater Harbor, and will hopefully have said response at the December regular meeting.

Administrator Loewen also gave an update on the five tasks assigned to Septic Check at the September 25, 2013, meeting. Three have been completed. Regarding upgrading battery backups, Septic Check indicated more powerful backups could be purchased to allow greater backup time during power failures. However, the backups should only need to last for around two minutes, which is the time between a power outage and an alarm being sent out. The current backups are adequate for this need. Board did not take any action on ordering upsized backups. The remaining task deals with nuisance alarms. A solution has not yet been found, but a few ideas are being looked into. Septic Check will continue to investigate this issue.

Open discussion was held with those in attendance. A summary of that discussion is listed below:

1. Examples of improvement expenditures from the select report were given.

2. Questions on Minnesota Pollution Control Agency’s potential requirement of nitrate treatment during the next permit renewal were addressed.

3. Questions of the Engineer regarding other sand filter systems they have designed, including whether they are still designing them, were addressed.

4. Question on whether another entity could manage the system was addressed.

Staff will not spend any more time on these items until said legal response is received.

Theresa Hagg, Jeff Hagg, Brandon Larkin, Jeremy Sivula, Jeff Westrum, and Lori Westrum left the meeting at 7:40 p.m.

Before moving to the next agenda item, Alex Evavold asked for assistance on questions he had regarding his special assessments. Alex Evavold and Cole Loewen left the meeting at 7:42 p.m.

Motion #13-11-3: Wells, seconded by Golden, made a motion to approve the consent agenda. All managers voted aye.

The Board reviewed the November 13, 2013, financial report.

Motion #13-11-4: Wells, seconded by Risberg, made a motion to pay bills of $105,776.70 in 23 payments, and the addition of one $170 payment that will show on the December financial report, subject to audit. All managers voted aye.

Cole Loewen returned to the meeting at 7:47 p.m.

Cole Loewen reviewed the memorandum on the Lake Augusta Association’s petition to amend the existing Lake Augusta Eurasian Watermilfoil Control Project #01-2 in order to allow for the control of other aquatic invasive species under this project.

Motion #13-11-5: Risberg, seconded by DeGree, made a motion determining that a proper petition has been filed, meets the statutory requirements, promotes the public interest and welfare, is practicable, and conforms to the District’s watershed management plan. All managers voted aye.

Motion #13-11-6: Wells, seconded by Risberg, made a motion to order the District Engineer to prepare and submit to the managers technical and cost specifications on the work necessary to restore or improve the Lake Augusta Eurasian Watermilfoil Project #01-2 to the desired level of operating efficiency. All managers voted aye.

Engineer Wenck presented the revised concept for the Old Highway 55 component of the Cedar Lake Watershed Protection and Improvement Project, which includes the soon-to-be-purchased property and the common interest property.

Cole Loewen presented on the November 4, 2013, meeting with several of the common interest property owners. Cole Loewen reviewed the draft letter of intent for each common interest property owner to sign before the District moves forward with plans and specs.

The Board indicated their desire to enter into agreement with the common interest property owners for this component, with the purchased property eventually being transferred to the common interest property to be included as part of their common interest land. This will include the preparation of permanent easements on both the purchased property and the common interest property, to ensure the District has the right to access, operate, and maintain this component of the project.

The Board indicated their lack of interest in being involved with the old bridge structure located just below the component construction area. Staff may forward the estimate created by the project engineer on a full replacement of the bridge, and may also indicate to the common interest owners the potential to span the structure to allow ATV and/or snowmobile traffic to cross, but this would be done at their expense, and would in no way, shape, or form involve the District.

Motion #13-11-7: Risberg, seconded by Golden, made a motion to approve the letter of intent as written and authorized the chairperson to sign on behalf of the Board. All managers voted aye.

Motion #13-11-8: Risberg, seconded by DeGree, made a motion to order the District Engineer to prepare plans and specifications for the Old Highway 55 component of the Cedar Lake Watershed Protection & Improvement Project, contingent upon receipt of signed letters of intent from each of the common interest property owners. All managers voted aye.

Bill Arendt left the meeting at 8:15 p.m.

Engineer Wenck presented a memorandum detailing both the base bids and the alternate bids received for the Kimball Stormwater Phase II Project. Because of the permit situation with the US Army Corps of Engineers (USACE), the Engineer recommended the Board wait on awarding the bid to the lowest bidder, and reevaluate the situation at the next regular meeting. The lowest bidder has been informed of this situation.

Discussion was held on the alternate bid for this project, termed Hendricks’ West. It was determined that together both the base bid and the alternate bid totals come under the construction budget set for this project.

Motion #13-11-9: Wells, seconded by Golden, made a motion to indicate the intention to construct both the base bid and the alternate bid of the Kimball Stormwater Phase II Project. All managers voted aye.

Engineer Wenck indicated the Board may wish to consider applying for grants during the next grant cycle. With several of the current projects now entering their construction phase, it is likely the Board will be in a position to take on another grant project in the near future. In particular, the Board has already had staff working on Hypolimnetic Withdrawal. Staff recommends this item be placed on the January regular meeting for further discussion, and to allow staff time to review previous plans and projects that are near-ready to begin construction.

Jack Gleason and Roger Halford left the meeting at 8:45 p.m.

Administrator Loewen and Cole Loewen reviewed the District’s Office Staff Report, which included:

1. Appointment of Keith Sadowsky to the District’s Advisory Committee

2. Mississippi River (St. Cloud) Watershed Project Work Order #C11/06/13-1

3. Septic Check Reports – Clearwater Harbor/Hidden River and Rest-A-While

4. Wandering Pond Sewer System – Issue with Geo-Thermal Units

5. Future Agenda Items – Retirement of Stan Weinberger, District Attorney; District’s Education Programming; Presentation by Engineer Kluckhohn, Wenck Associates, on Targeted Fertilizer and Kingston Wetland Projects

During the discussion of the Office Staff Report as listed above, the following motions, comments, and recommendations were made:

Motion #13-11-10: DeGree, seconded by Risberg, made a motion to appoint Keith Sadowsky to the District’s Advisory Committee. All managers voted aye.

Manager Golden indicated a desire to have staff ensure all Advisory Committee members, especially those being newly appointed, understand what the Board expects of them and what important role they play in the District. Cole Loewen indicated this would be a good item to discuss as part of future discussions on the District’s Education Program.

Motion #13-11-11: Golden, seconded by DeGree, made a motion to approve work order #C11/06/13-1 with the Elk River Watershed Association for the Mississippi River (St. Cloud) Watershed Project. All managers voted aye.

Board agreed with staff recommendation on seeking legal counsel on how to limit activities that have a detrimental effect on District-owned sewer system(s) and are outside the designed uses for said system(s). The issue with geo-thermal units at Wandering Pond will be discussed further at the December regular meeting.

Board agreed with staff recommendations to have discussion on the District’s Education Programming, as well as Engineer Kluckhohn’s presentation on the Targeted Fertilizer and Kingston Wetland Projects (pending confirmation from Engineer Kluckhohn), at the January 2014 Work Session.

Under other business, discussion was held on:

1. Workers’ Compensation Coverage and Accident Volunteer Coverage

2. MN Association of Watershed District’s (MAWD) Annual Meeting Packets and Proposed MAWD Resolutions for said meeting

3. Scott Wylie’s enrollment into District’s Agricultural Incentive Program

4. Required resolution on executing required documents for Dubay purchase by title company

During the discussion of other business as listed above, the following motions, comments, and recommendations were made:

Motion #13-11-12: Wells, seconded by Risberg, made a motion to approve renewing coverage of Workers’ Compensation and Accident Volunteer with the League of MN Cities. All managers voted aye.

Cole Loewen reviewed the MAWD resolutions. The Board indicated their support for resolutions #2-#4, and #6-7. The Board indicated to proposed delegates for this meeting to vote in the affirmative for said resolutions, to abstain from voting on resolution #1, and to use their discretion when voting on resolution #5, if delegates choose to attend the annual meeting instead of attending other concurrent sessions.

Motion #13-11-13: Wells, seconded by Risberg, made a motion to appoint managers DeGree and Golden as delegates for the District to the MAWD Annual Conference. All managers voted aye.

Administrator Loewen will work with producer Scott Wylie and present to the Board at the December regular meeting the proposed enrollment into the District’s Agricultural Incentive Program.

Motion #13-11-14: The undersigned, being the Chairperson of CLEARWATER RIVER WATERSHED DISTRICT, a Minnesota Watershed District (the “CRWD”), does hereby consent to and adopt the Resolutions set forth below in lieu of holding a meeting, effective this 13th day of November, 2013.

WHEREAS CRWD has entered into a Purchase Agreement dated October 31, 2013, (the “Agreement”) whereby CRWD is purchasing real property located in Wright County, Minnesota, from Peter S. Dubay and Marla A. Dubay, according to the terms and conditions contained in the Agreement.

NOW THEREFORE BE IT RESOLVED that CRWD authorizes the execution and delivery of the necessary documents, and the taking of such further actions, in order to carry out the terms of the Agreement to purchase the real property from Peter S. Dubay and Marla A. Dubay.

FURTHER RESOLVED that Robert Schiefelbein and Paul Degree, the Chairperson and Secretary of CRWD, is hereby authorized and directed to carry out the terms of the Agreement, and to execute and acknowledge all transactions, with respect to the preparation, execution and delivery of deeds, affidavits, conveyances, closing statements, assignments, and other documents and agreements as may be required or appropriate on behalf of CRWD to purchase the real property described therein to from Peter S. Dubay and Marla A. Dubay.

The above Resolutions are adopted and effective beginning as of the 13th day of November, 2013, and shall remain effective until rescinded in writing by CRWD.

Risberg, seconded by Golden, so moved. All managers voted aye.

The November 2013 Work Session has been canceled by the Board due to the Holidays.

Items noted for the December 11,
2013, regular meeting are:

1. Discussion of Clearwater Harbor – Legal Counsel Response

2. Technical and Cost Specifications for amending the Lake Augusta Eurasian Watermilfoil Project #01-2 to allow control of other aquatic invasive species.

3. Old Highway 55 Component of the Cedar Lake Watershed Protection & Improvement Project

4. Kimball Stormwater Phase II – Issue with USACE Permit

5. Wandering Pond Sewer System – Issue with Geo-Thermal Units

6. Scott Wylie’s enrollment in District’s Agricultural Incentive Program

Motion #13-11-15: Wells, seconded by Golden, made a motion to adjourn at 9:20 p.m. All managers voted aye.

THESE MINUTES ARE AVAILABLE AT: www.crwd.org

CRWD AUDIT REPORTS ARE AVAILABLE AT THE ANNANDALE PUBLIC LIBRARY

Chair, Bob Schiefelbein

Secretary, Paul DeGree

Published in the Tri-County News Thursday, Dec. 12, 2013.