MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

April 14, 2011

CALL TO ORDER

The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by Manager Lee Keeley at 6:45 p.m. at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota. 

MANAGERS PRESENT

Richard Miller, Lee Keeley, Pamela Blixt, Jeffrey Casale, William Olson.   

MANAGERS ABSENT

James Calkins, Brian Shekleton.

OTHERS PRESENT

Eric Evenson, District Administrator; David Mandt, District Operations Manager; Aldis Kurmis, District Cost-Share Program Specialist; Kelly Dooley, District Water Quality Technician; Will Hertel, District Water Quality/Permitting Intern; Michael Panzer, District Engineer; Chuck Holtman, District Counsel.

SWEARING IN

Mr. Holtman administered the oath of office to Managers Miller and Blixt on their reappointment by the Hennepin County Board of Commissioners. 

INTRODUCTIONS

Mr. Mandt introduced Rob Brown, a new staff intern.  The Board welcomed Mr. Brown.

MATTERS FROM THE FLOOR

None.  

APPROVAL OF AGENDA

It was moved by Manager Miller, seconded by Manager Olson to approve the agenda.  Upon vote, the motion carried 5-0.

Approval of Minutes

It was moved by Manager Casale, seconded by Manager Olson to approve the April 4, 2011 minutes.  Upon vote, the motion carried 5-0.

Board, Committee and Task Force Reports

Manager Keeley reviewed the meeting schedule on the agenda.  She noted that Manager Blixt will represent the Board at the upcoming Citizens’ Advisory Committee (CAC) meeting.

Mr. Evenson informed the Board that the watershed tour on April 30 is expected to go from 9:00 a.m. until about 5:00 p.m.  Managers are asked to RSVP for the propose of bus reservations.

Manager Keeley announced a Personnel Committee meeting to be held at the District offices at 5:00 p.m., April 21, 2011.  Mr. Mandt advised that he will be scheduling a meeting of the Hydrodata and Hydrology Committee (Managers Calkins, Keeley, Olson) to review program status in light of Dr. Singh’s departure.

Manager Olson reported that he, Mr. Evenson and Mr. Wisker met with Carver County Commissioner Randy Maluchnik and discussed a range of issues.  He said the meeting was positive and the commissioner voiced support for the District’s efforts.  Mr. Evenson added that the commissioner invited Manager Olson to speak at an upcoming County Board workshop and that he supports in particular the District cost-share programs and enhancing its partnership with the Carver Conservation District.  Commissioner Maluchnik also suggested that the Carver County appointee to the Board of Managers should publish an article in the local papers monthly.

Manager Casale added that he was invited to make a presentation to the Shorewood City Council about District matters.  He used Mr. Wisker’s Minnehaha Creek presentation as a core and also addressed the Minnehaha Glen project, partnership programs in the upper watershed and the potential for collaboration with Shorewood.  He said there was a lengthy discussion in which council members showed interest.  Council Member Zerby asked that the District provide a decade-by-decade photographic array showing changes in Shorewood’s land use.

INFORMATION ITEMS/CORRESPONDENCE

Lake Minnetonka Boat Inspection Program

 

Greg Nybeck, Executive Director, Lake Minnetonka Conservation District (LMCD), made a presentation about the 2010 inspection program on Lake Minnetonka.  Program partners included the Minnesota Department of Natural Resources (DNR), the Minnetonka Power Squadron, the Three Rivers Park District (TRPD), the Minnehaha Creek Watershed District and the LMCD.  The program involved inspecting incoming watercraft and trailers at nine of the lake’s 11 public accesses.  Inspections occurred at peak days and times, with a total of 4,096 inspection hours.  The LMCD contracted with the DNR for 2,532 hours and with Volt Workforce Solutions for 1,033 hours.  The TRPD contributed 864 hours of inspections at the Lake Minnetonka Regional Park.  Funding included $7,500 from the District, $6,720 from the DNR and LMCD funding of $29,545.  It is estimated that 62,000 boats launched on Lake Minnetonka between mid-April and mid-November.

Mr. Nybeck further indicated that the DNR itself plans to provide over 4,000 inspection hours on Lake Minnetonka in 2011.  The LMCD will work with Volt for an additional 2,000 hours and will coordinate with the DNR.  Manager Olson, as an LMCD Board Member, offered that it will be asking the District for assistance again this year.

Manager Blixt asked that staff review its support in the context of a more comprehensive look at the lakes in the watershed, particularly those that don’t have other entities such as the LMCD to support inspection efforts.

Manager Casale asked about the status of the bill allowing local governments to retain fines levied for aquatic invasive species (AIS) violations.  Mr. Nybeck replied that the bill passed House and Senate committees this week, but he is not certain what process remains.  Responding to Manager Keeley, Mr. Nybeck stated that there is prominent AIS signage at the two boat launches not covered by the inspection program.  Manager Keeley asked about the impact of the inspection program on other lakes.  Mr. Nybeck replied that the DNR’s focus in 2011 will be on boats leaving Lake Minnetonka. 

Aquatic Invasive Species

Mr. Evenson reviewed proposed resolution 11-034 with the Board, which would authorize the administrator to apply to the DNR for watercraft inspection grant funds for a program on Christmas Lake.  He introduced Joe Snyder, a member of the Christmas Lake Association Board of Directors. 

Mr. Snyder stated that the Board has adopted a resolution to move forward with the District on a proposed cooperative effort that also would involve the Cities of Shorewood and Chanhassen, the DNR and Minnesota Waters.  The proposed approach would provide for inspections at the Christmas Lake boat launch and a physical barrier to prevent boat entry without an inspection.  The boat access is on city property and the DNR controls the boat ramp from the water’s edge.  Mr. Snyder reviewed conclusions drawn by the association as to the routes of AIS introduction to the lake with the highest likelihood on impact and the strategy to address them. 

Manager Casale asked if the District could adopt an expedited rule for the program.  Mr. Evenson replied that staff is considering the program as a planning and educational activity, rather than regulation, but has not discussed program structure with District counsel.   Manager Casale replied that counsel has indicated that the District could introduce a permitting mechanism and that this also could provide for permitting fees to help fund the activity.

Manager Blixt asked whether the District would provide similar support to each lake association or group of lake homeowners that requested it.  Manager Miller noted that every situation is different, and Manager Olson added that the proposal is a pilot project to explore approaches.  Manager Miller noted that the Minneapolis lakes always were closed to motorized boats until very recently and that they simply could be closed again. 

Mr. Evenson reviewed a draft grant application that focuses on education, physical improvements to the boat launch and an inspection program.

It was moved by Manager Casale, seconded by Manager Miller to adopt the proposed resolution stating as follows:

NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers hereby approves a DNR Watercraft Inspection Grant Application and expenditures for a Christmas Lake Boat Inspection Pilot Program on April 14, 2011.

Mr. Olson noted that the Mayor of Shorewood and city manager are preparing a letter of support.  Upon vote, the motion carried 4-0-1 (Manager Blixt abstaining).

Mr. Evenson reviewed the potential launch improvements including signage, striping of the property and a gate or chain with keypad access.  A concept would be to obtain an inspection and a keypad access code at a remote site.  Different gate options are being investigated, some requiring electricity and some not.  Staff also is working with the City of Chanhassen to develop a similar program for Lake Minnewashta.  Another potential feature would be a portable wash station at the local inspection site, at a cost of $10,000 to $12,000.  

Mr. Evenson said that DNR support for the Christmas Lake program is uncertain and he is not sure where the City of Chanhassen or Carver County will come down regarding the Lake Minnewashta program.  He suggested that the budget for launch improvements, an inspection program and wash station elements for Christmas Lake to be in the range of $30,000.  About $7,500 will be requested from the DNR.  Responding to Manager Blixt, Mr. Evenson noted that generally there are more grant dollars available then applications, but with AIS concerns escalating that may change.  He noted that the District has budgeted $180,000 for 2011 AIS programs.

It was moved by Manager Miller, seconded by Manager Casale to authorize the administrator to spend up to $22,000 of budgeted funds on the Christmas Lake program.  Manager Blixt stated that she would not support the motion pending a sustainable concept for the District as a whole.  Upon vote, the motion carried 4-1 (Manager Blixt opposed).

Mr. Evenson reported to the Board on a proposed pilot project for milfoil control by milfoil weevils.  He noted that Mark Wausha of the CAC has been an advocate for a research and pilot program to control milfoil on Christmas Lake using the weevils.  Ms. Dooley reviewed basic biological concepts involving the weevils, which live out their life cycle in conjunction with milfoil and eat that plant exclusively.  She noted that the insects are native to Minnesota and therefore do not represent another invasive species. 

Mr. Evenson said he is asking for $4,770.33 for a pilot program to collect weevils and raise them in a 10-by-15 foot enclosure on Christmas Lake.  Tom Suerth, Waterfront Restoration, will contribute work at cost and Mr. Wausha will volunteer his time to harvest the weevils.

It was moved by Manager Miller, seconded by Manager Olson to place the approval on the April 28 consent agenda.

Manager Keeley asked if there are other concerns that the project could raise.  Mr. Evenson noted that Christmas Lake has a large bluegill population, and that they avidly eat milfoil weevils.  The purpose of the enclosure is to protect the weevils until they achieve a sustainable population.  Ms. Dooley said the plan is to collect 300 to 500 weevils from Otter Lake and then raise them until there is a self-sustaining population in Christmas Lake.  The enclosure may be needed for some period and staff is working to secure a cooperative landowner. 

Manager Blixt asked what the broader impact of a successful pilot program would be.  Mr. Evenson replied that this approach to treatment could be successful on smaller lakes and perhaps in some Lake Minnetonka bays.  Manager Keeley referenced the purple loosestrife control program, which shows that if one is persistent, it will work.  Manager Olson added that service providers such as Waterfront Restoration could incorporate this method into their services.  Manager Casale added that Mr. Wausha made a presentation to the CAC regarding unintended consequences.  The goal of pilot activity is to identify and develop methods that do not have such consequences.  Upon vote, the motion carried 5-0.

Water Quality Database Presentation

Mr. Hertel presented to the Board the work he has been doing under a Minnesota Pollution Control Agency (MPCA) grant to organize and develop the District’s water quality database.  He reviewed how data could be readily organized by lake or by water quality parameter, and to show trends over time.  The database structure also will facilitate inputting, organizing and transmitting the data and is setup so that data can be converted to STORET format for consistency with MPCA requirements.

The Board replied that the system is impressive and expressed its appreciation for Mr. Hertel’s efforts.  Ms. Dooley added that the three to four months it presently takes staff to compile and sort annual monitoring data will be reduced to about one month.  Mr. Panzer also noted that this will save time for the District engineer.  Manager Blixt said that she is excited to make the database available for website access.

Manager Casale left the meeting at this time.

BOARD REVIEW ITEMS

Permit 11-059, Cargill (Wetland Protection, Waterbody Crossing)

Mr. Christopher made a brief presentation concerning the permit application and noted that the applicant’s project engineer was present.  It was moved by Manager Miller, seconded by Manager Olson to move the matter to the April 28 consent agenda.  Upon vote, the motion carried 4-0.

Casco Point Shoreline Stabilization Grant

Mr. Kurmis summarized the status of staff review of the applications.   It was moved by Manager Miller, seconded by Manager Olson to move the matter to the April 28 consent agenda.  Upon vote, the motion carried 4-0.

Stormwater and Administrative Rules

Mr. Wisker reported that responses to public comments have been distributed to all interested parties per Board direction.  He noted that the Board has now received a revised version of the rules addressing matters previously discussed by the Board and certain new matters.  He noted a change on page six of the revised document pertaining to landlocked basins providing that volume discharges to such a basin may not increase.  The latest changes also have adjusted the regulatory language to further create incentives to reduce hard cover during redevelopment.  In particular, he directed the Board to line 489 on page 12, where redevelopment comprising less than 40 percent site disturbance and resulting in a small reduction in hard cover will now require only Best Management Practices.  He noted this is consistent with the prior intent but the need to adjust the language had been overlooked.

Mr. Wisker presented a proposed resolution 11-033 providing for public notice for a May 5 public hearing.  He said that staff would send the most recent revision, in redline, out with the public notice.

It was moved by Manager Miller, seconded by Manager Blixt to adopt the proposed resolution stating as follows:

NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers hereby schedules the Public Hearing for the Stormwater Management and Administrative rules for May 5, 2011.

Mr. Wisker added that he spoke with staff at the Cities of Victoria and Plymouth this week and has spoken with the developer interests on the rulemaking advisory committee.  Overall, he believes people are comfortable that the rule is reasonable and achievable and believes the extended process has helped.  Manager Keeley said that she has been concerned about comments offered by David Newman at a prior Board meeting but that Mr. Wisker has spoken with Mr. Newman several times since then.  Mr. Wisker added that he believes the standards in the new rule are similar to those across the region but more flexible.  He will continue to communicate with Mr. Newman and other developers.

Upon vote, the motion carried 4-0.

ADJOURNMENT

There being no further business, the regular meeting of the Minnehaha Creek Watershed District Board of Managers was adjourned at 9:05 p.m.

Respectfully submitted,

Lee Keeley, Secretary