MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

February 9, 2012

CALL TO ORDER

The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by Vice President Brian Shekleton at 6:55 p.m. at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota. 

MANAGERS PRESENT

James Calkins, Brian Shekleton, Lee Keeley, Richard Miller, Pamela Blixt, Jeffrey Casale and William Olson.

MANAGERS ABSENT

None. 

OTHERS PRESENT

Eric Evenson, Administrator; Leslie Yetka, Education Manager; Telly Mamayek, Director of Communications; Steve Christopher, Regulatory Program Manager; David Mandt, Director of Operations and Programs; Michael Panzer, District Consulting Engineer; Mike Welch, Assistant District Counsel.

MATTERS FROM THE FLOOR

None.

APPROVAL OF AGENDA

Mr. Mandt requested the addition of three informational items to the agenda: a handout on the Lake Nokomis weir renovation, a notification and details on the 2012 Minnesota Aquatic Invasive Species symposium, and a letter from the City of Wayzata on the Wayzata Lakefront Task Force.  Manager Miller requested the addition of the Wayzata Task Force item to the Board review portion of the agenda.  Manager Keeley moved, seconded by Manager Miller, to approve the agenda as amended.  Upon vote, the motion carried.

Approval of Minutes

Manager Casale moved, seconded by Manager Keeley, to defer action on the minutes of the January 26, 2012, and February 2, 2012 meetings.  Upon vote, the motion carried. 

BOARD, COMMITTEE AND TASK FORCE REPORTS

Manager Calkins updated the managers on the most recent meeting of the Legislative Committee.  The managers discussed the state of political affairs generally and specific efforts on the District’s part to work with Hennepin County commissioners on issues related to reform of watershed management in the county. 

Manager Calkins stated that the Violations Committee met before the Board meeting – not to review any specific violation but to discuss protocols and improving communications with the committee and maintaining current information on violations matters. 

The managers reviewed the schedule of upcoming committee meetings and Mr. Mandt stated that the auditor requested that the February 23 meeting be moved to March 8 at 5:30 p.m. 

Manager Keeley added that she and Mr. Evenson attended legislative hearings on aquatic invasive species (AIS) today in St. Paul.  Mr. Evenson added that District staff is working with the Minnesota Association of Watershed Districts (MAWD) legislative liaison and Joel Carlson, the District’s legislative representative, to improve the proposed AIS legislation. 

Manager Blixt noted the need to encourage the District’s legislative delegation to participate in the MAWD legislative day at the capitol.  Mr. Evenson said he would send an agenda for the event to the managers for their reference and referral to legislative delegation members. 

Manager Miller suggested that the Finance Committee meet before the first meeting of the Board in March to look at the budget and exceptions to the budget.  In response to a question from Manager Blixt, Manager Calkins said that the roster of committees will be finalized at the last Board of Managers meeting in February.  The date for the Board retreat, to be held at the Bakken Museum, will be communicated to managers soon. 

Citizens Advisory Committee Appointments

Mr. Christopher appeared before the Board of Managers and presented a list of candidates for the District’s Citizens Advisory Committee (CAC).  Mr. Christopher explained that all 15 of the present members of the CAC have indicated their interest in continuing.  He stated that three of the alternatives who were placed on the CAC as alternates last year have not participated and are proposed to be replaced by three new alternates: Peter Rechelbacher, Thomas Baltutis and Christopher Lautenschlager.  Mr. Christopher said staff’s recommendation is to reappoint the existing 15 members of the CAC and replace the three outgoing alternates with the three applicants noted.  Mr. Christopher said alternates serve, on a rotating basis, as voting members in the absence of a member at a particular meeting. In response to a question from the managers, Mr. Welch explained that there is no limit on the number of members who can be on the CAC and alternates are not necessarily needed.  The managers discussed adding the alternative members as full voting members of the CAC.  Mr. Welch explained that would change the numbers necessary for a quorum to convene meetings, but otherwise the rules of the CAC would apply as they do now.  Manager Miller moved, seconded by Manager Keeley, to advance approval of all 20 recommended individuals as voting members of the CAC, increasing membership on the CAC accordingly, to the consent agenda for February 23 meeting.  Manager Keeley said the attendance records in the Board packet suggest that some CAC members are having difficulty making meetings.  Mr. Christopher said the CAC has had good attendance all things considered and all of the present voting members of the CAC wish to continue.  In response to a question from Manager Miller, Mr. Christopher stated that CAC members are provided with electronic access to the reports and other materials in Board packets.  Manager Miller recommended that the department year-end reports be provided to the CAC.  Upon vote, the motion carried.  Manager Calkins moved, seconded by Manager Blixt, to direct staff to revise the request for Board action to be presented at the meeting of February 23 to show all recommended nominees for the CAC as voting members.  Upon vote, the motion carried.

City of Excelsior Third Street Fire Lane Cost-Share Proposal

Mr. Christopher presented the proposed dedication of cost-share funding for stormwater improvements to be integrated into the City of Excelsior’s redevelopment of the Third Street Fire Lane.  Mr. Christopher stated that the staff recommendation is for a 50 percent cost-share of the total cost for stormwater treatment facilities to be added to the street reconstruction, not to exceed $20,110.  Mr. Christopher stated that the city is undertaking road reconstruction and repair, as well as landscape improvements in response to decay of this particular area, runoff from which runs directly to Lake Minnetonka through a straight pipe.  Mr. Christopher stated that the District’s permit requirements do not apply to this project. The city will be adding hydrodynamic separators to the street to treat runoff, which is expected to remove roughly one pound of phosphorous per year and 1,769 pounds of total suspended solids.  Manager Miller moved, seconded by Manager Blixt, to advance the approval of Excelsior Third Street Fire Lane cost-share to the February 23 consent agenda.  Mr. Christopher added further details on the proposal from the City of Excelsior, stating that the work is a continuation of prior street redevelopment work that also incorporated stormwater treatment facilities and that the District provided cost-share funds for that work earlier this year.  Manager Calkins noted that the improvements seem costly, relative to the water-quality improvement achieved.  Mr. Christopher agreed that the cost per pound for phosphorus removal is higher than would be found in a District capital project, but the cost-share program needs to look for opportunities to partner with cities on projects they already have planned and want to undertake.  Mr. Evenson stated that he would need to verify his recollection with the District engineer, but noted that he believes the pond at Lake Calhoun removes a pound of phosphorus a year from that lake at roughly $800 a year.  Upon vote, the motion carried.

Aquatic Invasive Species Program Manager

Mr. Mandt presented the recommendation from staff to hire Craig Dawson as interim Aquatic Invasive Species Program Director.  Mr. Mandt explained that the program director will coordinate the development of the District’s stopgap measures and the development of the District’s overall AIS plan, then implementation of the plan.  Mr. Mandt said that the other AIS position the District is seeking to fill is more technical.  Mr. Mandt explained that the program director will work with a planning team to develop the comprehensive plan and an AIS team that will review specific activities considered for AIS management.  Mr. Mandt said that the position proposed is for two years. 

In response to a question from Manager Miller, Mr. Mandt stated that the position could be hired from the existing budget for the District’s AIS activities with excess funds from the carp removal budget and savings from not pursuing the radio frequency identification (RFID) prototype.  Mr. Mandt explained that there will also be savings from some research the District planned that will be conducted by the University of Minnesota instead.  Manager Keeley moved, seconded by Manager Olson, to approve the hiring of Craig Dawson as interim AIS program director for a salary of $65,000 annually and authorizing the District administrator to complete employment negotiations.  Manager Miller confirmed with staff that the existing budget would cover the cost of hiring the program director.  Mr. Evenson explained that the AIS specialist position is funded in the District’s budget for this year and that the added dollars for the interim director are somewhat being purchased with credit from savings that will come from the sources outlined by Mr. Mandt.  He said a study conducted by the Department of Natural Resources determined that an RFID system would be excessively costly, prompting him to defer ordering the prototype.

Manager Calkins pointed out that the savings staff recommends are only going to be realized in the first year and this is a two-year position.  In response from a question from Manager Calkins, Mr. Evenson confirmed that he had determined not to proceed with the prototype RFID.  Manager Calkins noted that the prototype was ordered by Board action and that the Board needed to make the decision to divert the funds to other uses.  Manager Calkins also noted that he does not doubt that the Department of Natural Resources determined that cost for RFID would be greater than anticipated, but asked whether staff saw estimated costs.  Mr. Evenson stated that he had discussed the cost with DNR staff.

In response to a further questions from Manager Calkins, Mr. Evenson stated that there is no need to transfer funds within the budget because the funding that was allocated for the RFID prototype is in the AIS budget line.  Mr. Mandt stated that staff can bring details on funding the position to the Hydrodata Committee meeting on Monday February 13.  Manager Miller affirmed that the Board needs a clearer presentation of the cost.  Manager Calkins noted that the District will need to increase its levy to cover the cost of the program director in the second year.  Manager Shekleton confirmed that the motion on the table is not to move item to the consent agenda on February 23 but to approve at this time.  Mr. Mandt stated that staff’s recommendation is to go ahead with the hire because the work needs to get under way soon.  In response to a question from Manager Miller, Mr. Evenson confirmed that the District’s hydrodata gathering and analytical work will not be compromised by this hire.  Upon vote, the motion carried. Manager Blixt moved, seconded by Manager Calkins, to direct staff to return to an upcoming Board meeting with an explanation of the hiring’s impact on the budget.  Upon vote, the motion carried.

(Mr. Panzer arrived at this time; 8:10 p.m.)

Education and Outreach and Communications Department Program Report

Ms. Yetka and Ms. Mamayek appeared before the Board of Managers and made a presentation on the District’s education, outreach and communications efforts in the past year.  Ms. Yetka and Ms. Mamayek reviewed the District’s efforts to distribute publications and informational materials, to establish and maintain interpretive signage and kiosks around the watershed, to present and engage participants in District events, to network among citizens interested in water issues and to support the development of lake associations.  They illustrated the District’s efforts by depicting the location of various activities undertaken around the watershed.  The managers complimented Ms. Mamayek and Ms. Yetka for the quantity and professionalism of their work and encouraged them to reach out beyond the audiences that have been established to date.

City of Wayzata Lakefront Task Force

Mr. Evenson referenced a letter received from the City of Wayzata, which has formed a lakefront restoration task force and allocated $100,000 to its efforts.  Mr. Evenson added that the task force will request the watershed district’s help with naturalizing the shoreline of Lake Minnetonka within the city.  Manager Miller suggested that Mr. Evenson send a letter to the chairs of the task force, noting that the District is prepared to offer its assistance and cooperation in the process.  Manager Miller also suggested that Ms. Mamayek serve as the liaison from the District to the task force.  Manager Blixt confirmed with Mr. Evenson that the members of the task force are all citizens.  Mr. Panzer added that the shoreline in this area is now all riprap that could be removed as part of the process. He also noted that lighting in the area is an issue for some citizens.  Mr. Evenson confirmed this and noted that there are other difficult issues, such as docking, and that the District needs to focus on the shoreline restoration.  Manager Calkins voiced his support for the positive response to the task force and suggested that the District needs to look for opportunities to improve stormwater management in the redesign and redevelopment of the area.  Manager Miller moved, seconded by Manager Keeley, to issue a letter along the lines discussed from the president to the task force.  Upon vote, the motion carried.

Lake Nokomis Weir Report

Manager Blixt asked Mr. Panzer for a report on the presentation to citizens of the Lake Nokomis weir repair plans.  Mr. Panzer reported that attendance was fairly low and that no controversial issues were raised.  Citizens are concerned about recent low water levels at Lake Nokomis.  Mr. Panzer, in response to questions from the managers, discussed several possible causes, noting that the drop in water levels is most likely attributed to the removal of a structure below the present weir in 2000.  He said stop logs in that structure maintained a higher level in the creek, which then backed up into Lake Nokomis.  But he said he has not analyzed the issue. 

ADJOURNMENT

There being no further business, the regular meeting of the Minnehaha Creek Watershed District Board of Managers was adjourned at 9 p.m.

Respectfully submitted,

Lee Keeley, Secretary