Clearwater River Watershed District
Board of Managers Meeting
October 14th, 2015 - 6:30PM
City Hall, Annandale, MN

Chair Schiefelbein called the regular meeting to order at 6:36pm. Managers Paul DeGree, Kathy Jonsrud, Robert Schiefelbein, and Chris Uecker were present. Manager Robert Rocheleau was excused absence. Also in attendance were: Engineer Rebecca Kluckhohn, Advisor Merle Anderson, Assistant Administrator Dennis Loewen and Administrator Cole Loewen.

Motion #15-10-1: DeGree/Jonsrud, moved to adopt the agenda. All Managers voted aye.

Public Hearing: Delinquent Sewer Utility Accounts
Chair Schiefelbein opened the hearing. Administrator Loewen presented the list of delinquent sewer utility accounts for sewer systems the CRWD owns and operates.

Motion #15-10-2: Uecker/Jonsrud, moved to close the public hearing on the delinquent sewer utility accounts. All Managers voted aye.

Motion #15-10-3: Jonsrud/DeGree, moved to certify all delinquent utility accounts to Stearns County for collection as part of 2016 property taxes by November 30, 2015, and for all applicable fees and charges, including interest, to be included in said certification, with the understanding that any account that is paid in full by November 30th will not be certified. All Managers voted aye.

Consent Agenda
Motion #15-10-4: DeGree/Uecker, moved to adopt the consent agenda. All Managers voted aye.

October 14, 2015 Financial Report
Motion #15-10-5: Jonsrud/Degree, moved to pay bills of $41,226.31 in 35 payments. All Managers voted aye.

Amending CRWD rules & Regulations
Motion #15-10-6: Degree/Jonsrud, moved to take discussion of amending CRWD rules and regulations off the table. All Managers except Golden voted aye.

Administrator Loewen reviewed the revisions to the proposed amendment to CRWD rules & regulations in order to address concerns raised by municipalities within the CRWD.

Motion #15-10-7: Jonsrud/DeGree, moved to amend the rules and regulations of the CRWD. All Managers voted aye - full extract of minutes available at CRWD office.

Prepayment notices for O&M special assessments
Administrator Loewen reviewed a legal opinion from the CRWD attorney on this item, which indicates the CRWD is not required to offer a prepayment option to property owners affected by a special assessment for operation & maintenance of a CRWD project (MN Statues 103D.631).

Motion #15-10-8: Uecker/DeGree, moved to: 1) discontinue prepayment option for ongoing O&M special assessments, 2) publish discontinuation notice on CRWD website, in local papers, and by e-mail to affected lake associations, and 3) not charge any interest on said O&M assessment for the 2015-2016 period. All Managers voted aye.

Proposed resolutions to send to MN Association of Watershed Districts (MAWD)
Administrator Loewen reviewed the proposed resolutions to submit to MAWD for consideration at MAWD's 2015 Annual Meeting.

Motion #15-10-9: Uecker/Jonsrud, moved to send both resolutions, titled "Watershed District Input on MN DNR Buffer Protection Map" and "Improvements in Process with Permitting Authorities for Water Quality Improvement Projects" to MAWD for consideration at MAWD's 2015 Annual Meeting, with revisions to second resolution noted at meeting and inclusion of North Fork Crow River Watershed District as co-signer on second resolution. All Managers voted aye.

Clearwater Harbor & Hidden River Sewer Systems' NMAP Implementation & Sand Filters
Engineer Kluckhohn reviewed additional options for nitrogen mitigation. The Board directed staff to work with the MN Pollution Control Agency on providing additional stratigraphy data.

Proposed revisions to Wenck Associates, Inc. Master Services Agreement
Administrator Loewen reviewed a legal opinion from the CRWD attorney, which recommends the CRWD use an alternative professional services agreement template to address legal concerns.

Motion #15-10-10: Jonsrud/Uecker, moved to authorize the Administrator to work with the CRWD attorney and Wenck Associates in order to modify and finalize the professional services agreement for the Board's November meeting. All Managers voted aye.

Watkins Area Stormwater Treatment Project Concept
Engineer Kluckhohn informed the Board this project concept is on hold pending additional surveying of property once crops are off.

Draft Results from MN BWSR's grant verification audit
Administrator Loewen reviewed the draft grant verification results letter from MN Board of Water and Soil Resources (BWSR). Overall, the CRWD performed very well, with three findings noted that require action by the CRWD. The Board directed staff to draft a corrective action plan to address these findings and other observations, with the intent for the Board to review said plan at its November meeting.

Quote for work at Lake Augusta Erosion Control
Administrator Loewen informed the Board that neither contacted contractor received the mailed request for quote (RFQ) for this work. After discussing the Norton Ave erosion issue and its potential relation to this basin, the Board directed staff to resend the RFQ to previously contact contractors, and to inform those working on addressing the Norton Ave erosion issue that the CRWD does not want any additional water flow directed to this erosion control basin.

Dissolution of contract between CRWD & Dennis Loewen d/b/a Loewen Bookkeeping Services
Motion #15-10-11: DeGree/Jonsrud, moved to mutually agree with Dennis Loewen in dissolving the independent contractor agreement between CRWD and Dennis Loewen, and to waive the 60 day written notice requirement in said contract. All Managers voted aye.

2015 MAWD Annual Meeting
The Board reviewed the registration packet for the MAWD Annual Meeting.

Motion #15-10-12: Jonsrud/Uecker, moved to: 1) authorize the Administrator, Assistant Administrator, and any Board members' registration for the 2015 MAWD annual meeting, 2) authorize Manager Uecker's registration at the "Basic Watershed Board Management Workshop," and 3) appoint Managers Jonsrud and Schiefelbein as delegates, and Manager Uecker as an alternate for said meeting. All Managers voted aye.

Administrator Loewen – Other Business
Administrator Loewen reviewed a question on MN Statutes 103D.631, offered to take Manager Uecker on a CRWD tour, informed the Board that an article on the Kingston Wetland Project will be in the 10-18 edition of the St. Cloud Times, reviewed preliminary plans by the City of Annandale to address flooding in Eastview Mobile Home Park by piping water to the Annandale Wetland Treatment System, and reviewed correspondence from MN BWSR indicating excitement with water quality improvements instituted in the City of Kimball by the CRWD in relation to the state's Clean Water Fund.

Rest-A-While – concerns with landscaping pavers in drainage & utility easement
Administrator Loewen reviewed a legal opinion from the CRWD's attorney regarding the placement of landscaping pavers within the drainage and utility easement at the Rest-A-While Shores development. The Board directed staff to contact Stearns County to determine whether they want to transfer said easement to the CRWD, as was intended, or grant a right to the CRWD to work in said easement regarding the Rest-A-While Sewer System.

Rest-A-While riprap placement in east sedimentation basin
After discussion, the Board directed staff to postpone placement of riprap to a future date.

East Swartout component: sign and execute contractual documents
Administrator Loewen asked for a motion to authorize the Administrator and/or the Board chair to sign and execute contractual documents related to the East Swartout component of the Cedar Lake Watershed Protection & Improvement (CLWP&I) Project.

Motion #15-10-13: Jonsrud/Uecker, moved to authorize the Administrator and/or Board Chair to sign and execute all contractual documents related to the East Swartout component of the CLWP&I Project. All Managers voted aye.

2016 Watershed Pollutant Load Monitoring Network (WPLMN) Sampling
Administrator Loewen indicated Sherburne SWCD will take over at Clearwater River's WPLMN site going forward; as such, the CRWD will not monitor this site, freeing up staff time for other priorities.

Rest-A-While Sewer System: high total nitrogen level in effluent
Administrator Loewen informed the Board the Rest-A-While Sewer System's operating permit with Stearns County is to be renewed at the end of the year, and recent sampling results indicate action will likely be needed to address high total nitrogen levels in the systems effluent in order to meet permit requirements. Further information on this will be presented at the Board's November meeting.

Shared services discussion between neighboring watershed districts
Administrator Loewen informed the Board informal discussions have been occurring with staff of neighboring watershed districts, and asked for direction on whether to continue to be a part of said discussions. The Board directed staff to continue with said discussions, with the understanding that the Administrator should provide recurring updates to the Board as discussions progress.

Cedar Lake Zebra Mussel Detection Survey
Administrator Loewen asked Manager Jonsrud to provide an overview of the Cedar Lake Conservation Club's recent detection survey, which indicated zebra mussels are currently not present in Cedar Lake.

Advisor Anderson – Other Business
Advisor Anderson reviewed recurring questions regarding School Section Lake.

Advisory Committee assignments are:
1) No-wake "flags" notices
2) AIS Issues

Items noted for the November 11, 2015 regular meeting are:

Managers' Reports
Manager Jonsrud gave a report on her attendance at the MN Aquatic Invasive Species Research Center's open house.

Motion #15-10-14: Jonsrud/DeGree, moved to adjourn at 9:47pm. All Managers voted aye.


Chairman, Bob Schiefelbein

Secretary, Paul DeGree