Lower Mississippi River Watershed Management Organization APPROVED MEETING MINUTES Board of Managers Regular Meeting December 11, 2013 ~ 3:00 P.M. Inver Grove Heights City Hall Managers in attendance: Bob Bullard (Chair), John Sachi, Anne Weber, Sharon Lencowski, Mary Jeanne Schneeman (Sec/Tres), Matt Saam, West St. Paul Alternate Manager Others in attendance: Laura Jester, Keystone Waters; Brian Watson, Dakota County SWCD; Janna Kieffer, Barr Engineering; Marilyn Lundberg, Lilydale; John Mazzitello, Mendota Heights; Tom Kaldunski, Inver Grove Heights I. Call Meeting to Order The Board meeting was called to order by Chair Bullard at 3:10 p.m. II. Approval of Agenda Jester requested the addition of items XII e. Letter from Auditor and XII f. Update on Mississippi River Critical Corridor. MOTION by Sachi to approve the agenda as amended, second by Saam; motion passed unanimously. III. Approval of Meeting Minutes from November 13, 2013 A minor grammar correction was suggested by Chair Bullard. MOTION by Saam to approve minutes from the November 13, 2013 meeting with minor edits, second by Lencowski; passed unanimously. IV. Approval of Treasurer s Report and Invoices to be paid a) November 13, 2013 December 11, 2013 Financial Summary, Invoices, Budget Performance Jester distributed a revised financial report and budget performance spreadsheet that reflected 2 invoices received since the meeting materials were sent. Mazzitello reported that the financial report and invoices looked appropriate and recommended approval. Lencowski asked why there was a discrepancy between the checking balance on the financial statement and the checking balance in the budget performance spreadsheet. Jester indicated the financial statement was correct and she had not yet gone back to find where the mistake occurred within the spreadsheet. MOTION by Sachi to accept financial statement, pay invoices and submit information for official audit, second by Saam; passed unanimously. Sachi recommended that Nancy Bauer (staff at Mendota Heights) be the one to update the budget performance spreadsheet every month. Jester and Watson indicated they could transfer that task to Nancy and could assist her with determining from which budget lines particular invoices should be subtracted. PAGE 1
V. Grant Tracking Update Kieffer noted that a MDNR grant program that opened in August and closes in May might be of interest to some cities. The Expedited Conservatoin Program Grant Cycle for the Conservation Partners Legacy Grant Program would be used for restoring or enhancing prairies, wetlands, forests or other habitats. Grants up to $50,000 are available with a 10% required match. VI. VII. Appoint LMRWMO Liaison for Agreement with Dakota SWCD for 2014 Services Watson reported that the SWCD s 2014 work plan and budget along with the agreement for services will be presented at the January meeting. He asked the Managers to appoint an authorized representative from the LMRWMO (to sign the agreement) and a liaison from the LMRWMO. Chair Bullard was appointed at the authorized representative; John Sachi will remain the liaison. Estimated Costs to Revise Joint Powers Agreement and Watershed Management Plan to Include GCLWMO Portion of Mendota Heights. Jester distributed the proposed 2014 member dues which included the new portion of Mendota Heights. She noted the City of St. Paul s tax valuation figures were still from 2011 and once updated, dues might change slightly. She also noted that BWSR staff told her a major (rather than minor) Plan amendment would be needed; that the amendment should occur after the JPA was updated; and no specific timeline existed for getting the Plan updated. Additionally, Jester reported that the LMRWMO s attorney, Roger Knutson, estimated his expenses for the JPA amendment to be $500 - $1,000 (including attendance at one meeting). Discussion turned to the proposal received from WSB to amend the Plan including updating the figures (maps), the implementation program and text throughout the Plan, where needed. The total proposed not to exceed amount for this work was estimated by WSB at $8,000. There was consensus that this figure seemed quite high. Managers wondered if this included printing and production of hard copies of the Plan (this information was not included in the proposal). There was agreement that an updated Plan might help with securing future grants. Jester noted that several items in the Implementation Program within the Plan should be updated, including new information and/or possible projects stemming from the WRAPS. There was discussion about who (the LMRWMO or the City of Mendota Heights) should pay for the Plan amendment and the timing of the amendment. Kaldunski and Saam agreed their respective cities would be opposed to helping pay for a Plan amendment. Mazzitello indicated Mendota Heights would not be opposed to paying for JPA revisions, but that an updated Plan benefits all cities and therefore, some cost sharing would be appropriate. There was consensus that more discussion was needed on the timing and costs of the Plan amendment, as well as more detail from WSB staff. Sachi said he would ask WSB to attend the next meeting to discuss their proposal with the Managers. Also noted, the amendment to the Watershed Plan would not restart its 10-year lifespan clock. Additionally, the cities of Mendota Heights, Inver Grove Heights and West St. Paul are all beginning to update their Local Water Management Plans. PAGE 2
VIII. Approval of Lilydale Local Water Management Plan Kieffer reported that Lilydale had submitted Plan revisions in response to comments from the LMRWMO and that she recommends approval of the Plan. MOTION by Schneeman to approve the Lilydale Local Water Management Plan and to direct Barr to send notification to the City of Lilydale regarding plan approval, second by Sachi; passed unanimously. IX. Update on Feasibility Study on PAHs in Thompson Lake Jester reported that Hydromethods was moving along with developing the draft feasibility study and that the contract with Hydromethods for completion of the study is December 31, 2013. She also noted that Kent Brander (Hydromethods) requested a contract extension into early 2014 for completion of the study. There was discussion about the timing of reviewing a draft study and the timing of the next Board meeting. It was decided there would not be a January meeting of the Board. Therefore the next Board meeting would be February 12 th. Managers wished to see the draft feasibility report by January 24 th in order to have their comments ready for discussion at the February 12 th meeting. A final study should be completed by February 28, 2014. MOTION by Sachi to extend the contract deadline with Hydromethods to February 28, 2014, second by Schneeman; passed unanimously. X. Discussion of 2014 Barr Rates and Staffing Kieffer reported that over the summer she had been promoted to a Vice President at Barr Engineering. Therefore, she would become the Principal Engineer for the LMRWMO (it was previously John Hanson) but that her hourly rates would also go up considerably (from $125/hour in 2013 to $140/hour in 2014). She noted that her role with the LMRWMO would likely change; wanted to respect the budget of the LMRWMO and therefore, she recommended that Greg Williams at Barr be given some LMRWMO engineering tasks and may attend some meeting in her place. She noted that Williams has experience with several different watershed organizations and worked on the LMRWMO s water quality cost allocation last year. The Board appreciated the notice and congratulated Kieffer on her promotion. Sachi also noted the LMRWMO had used the services of several engineers at Barr over the years and it wasn t unusual to transition to different staff. Kieffer noted she would be ultimately responsible for the LMRWMO as a client and would make sure Managers and city staff are comfortable with any proposed staffing changes. The Board requested that Williams attend the next LMRWMO meeting. Kieffer agreed that was a good idea and his attendance at the next meeting would be at Barr s expense. XI. Update on WRAP Project a) Approval of Contract Amendment with MPCA Jester noted the amended contract, work plan and budget that was included with meeting materials (increasing the total budget by $5,000 and extending the contract term to June 30, 2015) and asked that Watson be given authority to sign the amended contract through the State s new electronic contracting service (SWIFT program). MOTION by Sachi to approve the amended contract with the MN Pollution Control Agency for the Watershed Restoration and Protection Strategy and to authorize Watson to sign the amended contract, second by Schneeman; passed unanimously. PAGE 3
b.) Approval of Contract Amendment with Barr Engineering Jester noted that with the amended contract with the MPCA, the LMRWMO should also amend the contract with Barr Engineering. She noted that she, Chair Bullard, and Watson had reviewed and agreed to language in the amended contract with Barr. MOTION by Sachi to approve the amended contract with Barr Engineering for their work on the Watershed Restoration and Protection Strategy to reflect changes to the work plan approved above, second by Saam; passed unanimously. c.) Civic Engagement Jester noted she and Barr had developed one fact sheet for each of the five lakes in order to help describe the study and its results to the public. She requested review by Managers and city staff to help improve the fact sheets. She also reported that the fact sheets and the Communications Plan included in the draft WRAP report would be sent to those involved with the Community Conversation events for review and comment. d.) Technical Stakeholders Kieffer reported on the Technical Stakeholder Group meeting that was held the previous Thursday. She reported that great discussions were had about the pollutant load reductions and allocations to MS4s. She indicated she was seeking additional comments on the report during this unofficial review and comment period. Mazzitello commented on the draft pollutant load reductions currently set for Pickerel Lake, indicating he thought more data was needed from years when the Mississippi River does not flood to determine the true effect of the runoff from areas on the bluff on Pickerel Lake. Kieffer agreed that was a valid argument and indicated she would look to MPCA to get their reaction on deferring the TMDL for Pickerel. She also noted, however, that total phosphorus loads from Ivy Falls Creek were high and that work is needed in the upstream communities. Additionally, MPCA funding for Pickerel Lake wouldn t be available again for approximately 10 years. Kieffer questioned if the revised Watershed Management Plan could include projects in the Ivy Falls Creek watershed and if there would be a commitment to monitor water quality within Pickerel Lake over the next few years. There was also same discussion about Sunfish Lake. Kieffer reported the MDNR had used the Technical Stakeholder Group meeting to discuss and get comments on its proposed revised vegetation management plan. There were six Sunfish Lake residents in attendance at the meeting. They also discussed the desire, but high costs, of controlling the internal loading of phosphorus in the lake. Kieffer indicated that once all comments are received on this preliminary draft of the WRAPS report, the report would be revised and then submitted to the MPCA and the EPA for initial review. A formal public comment period would likely occur in spring 2014. XII. Other Updates and Handouts a) Update on Feasibility Study and Cost Allocation for St. Paul Intercommunity Drainage Issue Kieffer and Weber reported a proposal would come to the February meeting b) New Impairment Notification from MPCA for Draft 2014 Impaired Waters List (includes Pickerel for nutrients, Thompson for nutrients and chloride, and Interstate Valley Creek for bacteria) Mazzitello reported that monitoring on Interstate Valley Creek indicates that one source is at or near the Lilydale lift station. The cities of Lilydale and Mendota Heights continue to work on resolving the issue there. PAGE 4
c) Wetland Conservation Act Notice of Decision for Southview Property, Mendota Heights** - no comments d) Wetland Conservation Act Notice of Application in West St. Paul** - no comments e) Letter from Auditor Jester noted this was a routine letter indicating the auditor would begin work and would be requesting information from LMRWMO Managers and staff f) Update on Mississippi River Critical Corridor Jester noted the correspondence from the MDNR reporting the draft rule provisions will be simplified and clarified and would be ready for review by affected communities in early 2014. Sachi noted South St. Paul had been involved with the process. Adjourn The meeting was adjourned by Chair Bullard at approximately 4:50 p.m. Next meeting is scheduled for February 12, 2014 in Inver Grove Heights, 3:00 p.m. PAGE 5