DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT

DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT Dakota County Extension and Conservation Center 4100 220 th Street West, Suite 102 Farmington, Minnesota 55024 Phone: (651) 480-7777 Fax: (651) 480-7775 www.dakotacountyswcd.org MEETING MINUTES BOARD OF SUPERVISORS MEETING DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT September 6, 2012 8:30 a.m. 4100 220 th Street, Suite 102 Farmington, Minnesota SWCD Members Present: SWCD Staff Present: Others Present: Joe Meyers, Chair* Brian Watson, Staff Michelle Wohlers, NRCS* Jason Swenson, Vice-Chair Lana Rotty, Staff Kevin Chamberlain, Treasurer Jim Davidson, Staff* Chris Nielsen, Secretary Brad Becker, Staff* Paul Thomas, Public Relations Todd Matzke, Staff* 1. Call to Order *Denotes Partial Attendance Chair Meyers called the meeting to order at 8:40 a.m. A quorum was present. 2. Pledge of Allegiance Meyers led the Board of Supervisors in the Pledge of Allegiance. 3. Audience There were no comments from the audience. 4. Approval of Agenda 12.099 Motion by Nielsen, second by Chamberlain to approve the agenda as presented. All members voting yes. Motion passed. 5. Approval of Minutes 12.100 Motion by Nielsen, second by Thomas to approve the August 2, 2012 minutes as presented. All members voting yes. Motion passed. 6. Treasurer s Report 6.1 September 6, 2012 Accounts Payable 12.101 Motion by Chamberlain, second by Swenson to approve the September 6, 2012 Accounts Payable. Members voting yes: Thomas, Swenson, Chamberlain, Nielsen, Meyers. Motion passed.

6.2 August 2012 Financial Report 12.102 Motion by Chamberlain, second by Nielsen to approve the August 2012 Financial Report subject to audit. All members voting yes. Motion passed. 7. Rural Lands Committee 7.1 Norbert Girgen Final Payment (12-IPP-05) Nielsen stated that Norbert Girgen has seeded his filter strip according to Conservation Reserve Program specifications. A contract was approved at the May 2012 Board meeting for $108.65 per acre, per year, for 14 years 5 month. The filter strip includes 1.9-acres. Staff is recommending final payment. 11.103 Motion by Chamberlain, second by Thomas to approve Norbert Girgen final payment for establishing 1.9 acre of filter strip in Section 14, Vermillion Township, Vermillion River Watershed at a total of $2,976.10 from Vermillion River Watershed Joint Powers Organization 2012 Capital Improvement Program. Members voting yes: Swenson, Chamberlain, Meyers, Thomas. Motion passed. 7.2 Norbert Brochman Final Payment (12-IPP-06) Nielsen stated that Norbert Brochman has seeded his filter strip according to Conservation Reserve Program specifications. A contract was approved at the May 2012 Board meeting for $113.20 per acre, per year, for 14 years 5 months. The filter strip includes 1.6-acres. Staff is recommending final payment. 12.104 Motion by Thomas, second by Chamberlain to approve Norbert Brochman final payment for establishing 1.6 acre filter strip in Section 12, Vermillion Township, Vermillion River Watershed at a total of $2,611.15 from the Vermillion River Watershed Joint Powers Organization 2012 Capital Improvement Program. Members voting yes: Chamberlain, Nielsen, Meyers, Thomas, Swenson. Motion passed. 7.3 Greg Stoffel Partial Payment (12-IPP-08) Nielsen stated that Greg Stoffel is requesting a partial payment for work completed on his project. A contract was approved at the May 2012 meeting. This includes completion of one grass waterway, filling and shaping three gullies, and a 13-acre critical area planting seeded to oats as a cover crop. Native grass seeding will occur in 2013. To date, the project costs total $3,906.10. Staff is recommending partial payment. 12.105 Motion by Chamberlain, second by Swenson to approve Greg Stoffel partial payment for completion of grass waterway, filling and shaping three gullies, and a critical area plantings seeded to oats as a cover crop, in Section 11, Vermillion Township, Vermillion River Watershed at a total of $2,929.58 from the BWSR Clean Water Fund 2012 Agriculture Conservation Partners Grant. Members voting yes: Nielsen, Meyers, Thomas, Swenson, Chamberlain. Motion passed. 7.4 Consideration to Adopt 2012 Flood Relief Cost Share Disaster Recovery Policy Watson provided an overview of the Board of Water and Soil Resources (BWSR) 2012 Flood Relief Resolution #12-74. Watson also reviewed the BWSR 2012 Flood Relief Cost Share Disaster Recovery Program Policy. Watson stated that we need to adopt a policy to distribute these flood relief funds to landowners. He further reviewed the draft SWCD Cost Share Program Policy for Special Flood Relief Appropriations that staff prepared. The Board of Supervisors discussed and evaluated the draft policy specifically regarding: following the NRCS Field Office Technical Guide, requiring Operation and Maintenance plans and funding allocation percentages. 12.106 Motion by Chamberlain, second by Nielsen to adopt the Flood Relief Grant Cost Share Program Policy as modified and incorporating the Minnesota Board of Water and Soil Resources Resolution #12-74 by reference. All members voting yes. Motion passed. 7.5 Authorization to Execute BWSR Grant Agreement for 2012 Flood Relief Cost Share Watson stated that the grant agreement was received yesterday with an appropriation of $75,000. Watson further added that the SWCD will need to submit a request for assistance from the Minnesota Recovers Task Force for all funding needs beyond the $250,000. 12.107 Motion by Chamberlain, second by Nielsen to approve and execute the BWSR Grant Agreement for 2012 Flood Relief Cost Share at $75,000. All members voting yes. 2

7.6 Dennis Mainz Contract (12-IPP-09) Nielsen stated that Dennis Mainz is requesting cost share funds to construct a 1,200-foot grass waterway in Section 3 of Douglas Township. The total project cost estimate is $4,000 with eligibility of cost share at 75%. Project funding would come from the FY12 BWSR Clean Water Fund Agriculture Conservation Partners Grant. It was discussed that additional funding associated with the Flood Relief Grant may be available for this project. 12.108 Motion by Nielsen, second by Chamberlain to approve Dennis Mainz contract for grass waterway in Section 3 of Douglas Township, Vermillion River watershed at 75% not to exceed $3,000 with project funds from the FY12 BWSR Clean Water Fund Agriculture Conservation Partners Grant. All members voting yes. Motion passed. 8. Community Development Committee 8.1 Jeffery Carlson Final Payment (12-CCS-02) Swenson stated that Jeffrey Carlson of Carlson Capital has completed the installation of 300 square feet of bioretention cells and a 1,235 square foot native garden to treat stormwater runoff from an existing parking lot and roof. The project is located at 118 4 th Street in Hastings. The contract was approved at the April 2012 Board meeting at 65% based on cost estimate of $8,710. Final Project costs were $9,573.41. Staff certified the installation and recommend final payment. 12.109 Motion by Swenson, second by Thomas to approve Jeffrey Carlson final payment for installation of bioretention cells located in City of Hastings, Vermillion River Watershed at $4,000. Project funding from the Vermillion River Watershed Joint Powers Organization 2012 Capital Improvement Program. Members voting yes: Meyers, Thomas, Swenson, Chamberlain, Nielsen. Motion passed. 8.2 City of Lakeville Final Payment (12-CCP-03) Swenson stated that the City of Lakeville has completed the installation of a 2,000 square foot bioretention cell to treat stormwater runoff from an existing parking lot and streets. The project is located in North Park on Ipava Avenue in Lakeville. The contract was approved at the April 2012 Board meeting at 65% based on a cost estimate of $37,347.35. Final project costs were $45,801.24 Staff certified the installation and recommend final payment. 12.110 Motion by Swenson, second by Thomas to approve City of Lakeville final payment for installation of bioretention and stormwater cells located in City of Lakeville, Vermillion River Watershed at $24,275.78. Project funding from the FY12 BWSR Clean Water Fund Stormwater Retrofit Grant and the Vermillion River Watershed Joint Powers Organization 2012 Capital Improvement Program. Members voting yes: Thomas, Swenson, Chamberlain, Nielsen, Meyers. Motion passed. 8.3 Ravenna Township Contract (12-CCS-05) Swenson stated that Ravenna Township is requesting cost share to install a 1,200 square foot slope stabilization project along Ravenna Trail. The project will reduce erosion and sediment loading into Etter Creek. The project cost estimate is $12,050 with eligibility of up to 65% not to exceed $4,000. Project funding would come from the Vermillion River Watershed Joint Powers Organization 2012 Capital Improvement Program. 12.111 Motion by Swenson, second by Thomas to approve Ravenna Township contract for slope stabilization project, subject to Township Board approval and signature, in Ravenna Township, Vermillion River Watershed at 65% cost share not to exceed $4,000. Members voting yes: Swenson, Chamberlain, Nielsen, Meyers, Thomas. Motion passed. 8.4 Ed and Betsy Sturm Contract (12-CCS-05) Swenson stated that Ed and Betsy Sturm are requesting cost share to install a 200 square foot bioretention cell in Burnsville. The project will capture street and driveway runoff. Runoff is currently untreated before discharging into Alimagnet Lake. The project cost estimate is $7,486.20 with eligibility of up to 65% not to exceed $4,000. Project funding would come from the Vermillion River Watershed Joint Powers Organization 2012 Capital Improvement Program. 3

12.112 Motion by Swenson, second by Thomas to approve Ed and Betsy Sturm contract for installation of bioretention cell in City of Burnsville, Vermillion River Watershed at 65% cost share not to exceed $4,000. Members voting yes: Chamberlain, Nielsen, Meyers, Thomas, Swenson. Motion passed. 8.5 City of Apple Valley Contract (12-CCS-06) Swenson stated that the City of Apple Valley is requesting cost share funds for the installation of two bioretention cells totaling 8,600 square feet fitted with iron enhanced sand filters in Long Lake Park located at 13098 Euclid Avenue in Apple Valley. The project will reduce the dissolved phosphorus load in the stormwater discharging into Long Lake from an existing wet sediment pond. The project cost estimate is $150,570 with eligibility of up to 65% not to exceed $20,000. Project funding would come from the FY12 BWSR Clean Water Fund Stormwater Retrofit Grant. 12.113 Motion by Swenson, second by Thomas to approve contract for installation of two bioretention cells along Long Lake, subject to City approval and signature, in Apple Valley, Vermillion River Watershed at 65% cost share not to exceed $20,000. Members voting yes: Nielsen, Meyers, Thomas, Swenson, Chamberlain. Motion passed. 9. Committee of the Whole 9.1 Adopt Strategic Plan Watson provided the updates and staff changes to the 2012 Strategic Plan. He stated that this document is the outcome of the Board and Staff planning workshop and all staff have been provided opportunity to review and comment. 12.114 Motion by Chamberlain, second by Thomas to approve the 2012 Strategic Plan. All members voting yes. Motion Passed. 9.2 Adopt 2013 Fee Schedule Watson reviewed the proposed 2013 Fee Schedule. He stated that no changes are being recommended from last year s feel schedule, except raising the hourly fee for services from $65/hour to $68/hour. 12.115 Motion by Thomas, second by Nielsen to approve the 2013 Fee Schedule as presented and to increase the hourly fee for services to $70 per hour. All members voting yes. Motion Passed. 9.3 Withdraw Request for Public Hearing on Proposed Rules Relating to Land and Water Treatment Program Minnesota Rules Chapter 8400 Watson stated that he attended the BWSR Stakeholder meeting on August 27 to review the proposed rule changes to Minnesota Rules Chapter 8400. He further state that the crux of the issue was language that allowed other authorized agents the ability to obtain funds to implement the Reinvest in Minnesota (RIM) program. BWSR staff has agreed to remove the language but retain the ability to implement internally when practical. Watson indicated that the term practical was defined as follows: When no SWCD exists in a portion of the State When an SWCD has opted not to implement RIM When SWCD staff resources are not sufficient to carry out the RIM Program Watson added that BWSR has stated that only in rare and unusual circumstances, for which none are foreseen, would they implement the RIM program. Watson stated he hopes that if any unusual circumstance arises that BWSR takes a more proactive approach to empower existing SWCDs to implement locally when possible. 11.116 Motion by Swenson, second by Thomas to withdraw the Request for Public Hearing to discuss proposed rule changes relating to the State Cost Share Program and Reinvest in Minnesota Reserve Program for the Land and Water Treatment Program Minnesota Rules Chapter 8400. All members voting yes. Motion passed. 4

9.4 University of Minnesota Agreement for Technical Assistance Swenson stated that we have developed a work plan with the University of Minnesota to continue assisting them in developing a 2013 International LID Symposium in St. Paul. The term of the contract would be from July 1, 2012 to June 30, 2013 and would include reimbursement for up to 384 hours at $65 per hour. 11.117 Motion by Chamberlain, second by Swenson to approve the Agreement with the University of Minnesota for Technical Assistance through June 30, 2013 at a total not to exceed $24,960. All members voting yes. Motion Passed. 9.5 Minnesota Pollution Control Agency Contract Amendment Watson stated we have requested an extension to complete the tasks identified in the grant agreement. The current grant agreement is set to expire December 31, 2012 and we are seeking an extension until June 30, 2013. All funding and tasks remain unchanged. 11.118 Motion by Thomas, second by Nielsen to amend the Grant Agreement with the Minnesota Pollution Control Agency for the South Metro Mississippi River TMDL Implementation Strategies to extend the expiration date to June 30, 2013. All members voting yes. Motion Passed. 9.6 FY2013 Clean Water Fund Grant Applications Watson stated that staff has prepared three FY13 Clean Water Fund grant applications totaling $472,000. These applications include implementation of stormwater and shoreline projects. 11.119 Motion by Chamberlain, second by Swenson authorizing staff to submit BWSR FY13 Clean Water Fund Grant applications, and execute if so awarded, for the Dakota County Clean Water Retrofit Partnership at $300,000, Dakota County Clean Water Citizen Stewards at $72,000, and the Dakota County Clean Water Community Initiative at $100,000. All members voting yes. Motion Passed. 10. Interagency Announcements and Reports Natural Resources Conservation Service Michelle Wohlers provided the Natural Resources Conservation Services (NRCS) Report. Wohlers stated that Matt Schaar and Lucas Altwig have been completing a significant amount of field work. September 30 marks the end of the Fiscal Year and they are working on progress reporting, with 125 contracts needing final status reviews prior to year end. Wohlers added that they have completed 25 Conservation Reserve Program contracts. The NRCS software system will soon be shutting down for year-end upgrades. Minnesota Board of Water and Soil Resources Watson provided the Minnesota Board of Water and Soil Resources (BWSR) report. He stated that there have been several staff changes in the Metro Region. Former Senior Wetland Specialist Ken Powell is the new State Wetland Banking Coordinator. Board Conservationist Melissa Lewis is now working on the next generation elink local government grant tracking program, although Melissa will continue to work with some projects in the Metro Region. Our new Board Conservationist is Mary Kells. Mary comes to the metro area from our Rochester office where she has been a Board Conservationist in southeastern MN. Another change includes a new Senior Wetland Specialist, Dennis Rodacker, who worked as a Wetland Specialist at the Anoka Conservation District. Minnesota Association of Soil and Water Conservation Districts Chamberlain provided the Minnesota Association of Soil and Water Conservation Districts report. He stated that attended a State Finance Committee meeting. The proposed budget indicates a $43,699 surplus. However, the 2013 projected budget shows a loss of $56,000. Dues are anticipated to increase $67 next year. Watson added that then next Metro Area meeting is scheduled for November 8, 2012. 5

Metro Conservation Districts Joint Powers Board Watson provided the Metropolitan Conservation District Joint Powers Board (MCD) report. He stated that the Managers met last week and a FY13 Clean Water Fund grant application will be submitted. There was staff support to have Tom Peterson, consultant to Hennepin Conservation District, complete the application on behalf of MCD Dakota County Meyers indicated that he has received a significant amount of landowner concern regarding a recent letter from Dakota County about enforcing a 50 foot buffer rule on all DNR Protected Waterways. Meyers indicated that the letter referenced the soil and water conservation district as point of contact. He is concerned this taking of land is occurring without compensation to the landowner and little information has been provided as to how a standard 50 foot buffer width on DNR Protected Waterways will benefit water quality. Watson indicated that he would like to see the letter that was being referenced by the landowners with concerns and will coordinate with the Water Resources Department on information recently mailed. He further stated that SWCD staff is providing technical assistance with field work and obtaining landowner compliance but ordinance enforcement is the responsibility of Dakota County. Vermillion River Watershed Joint Powers Organization There was no report provided. North Cannon River Watershed Management Organization Watson indicated that the North Cannon River Watershed Management Organization has started to develop strategies and goals to update their Water Management Plan and progress appears to be going well. Other Watershed Management Authorities Swenson stated the governance study for the Lower Minnesota River Watershed District was recently made available. The Black Dog Watershed Management Organization is in the final stages of updating their watershed plan and will be seeking approval from BWSR in the near future. Upcoming Meetings and Events The upcoming events were reviewed. Watson added that the Gun Club Lake WMO Board of Managers will be meeting on September 19. 11. District Managers Report Watson indicated that he had no other additional information. Chamberlain stated that he would not be at the October Board meeting. 12. Adjourn 12.120 Motion by Thomas, second by Swenson to adjourn the meeting. All members saying aye. Motion carried. The meeting was adjourned at 11:18 a.m. Respectfully submitted, Chris Nielsen, Secretary 6