Minutes - April 28, 2011
MINUTES OF THE REGULAR MEETING OF
THE MINNEHAHA CREEK WATERSHED DISTRICT
BOARD OF MANAGERS
April 28, 2011
CALL TO ORDER
The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by Manager Jim Calkins at 6:55 p.m. at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota.
MANAGERS PRESENT
James Calkins, Richard Miller, Brian Shekleton, Lee Keeley, Pamela Blixt, Jeffrey Casale, William Olson.
MANAGERS ABSENT
None.
OTHERS PRESENT
Eric Evenson, District Administrator; Becky Houdek, District Planning Technician; James Wisker, District Planner/Program Coordinator; Michael Panzer, District Consulting Engineer; Michael Welch, Assistant District Counsel.
MATTERS FROM THE FLOOR
None.
Approval of Agenda
Mr. Evenson requested the addition of a proposed contribution to the Lake Minnetonka watercraft inspection program of $7,500 as item 11.5. Mr. Evenson also noted several items of information added to the Board packet, namely an article on management of water resources in the context of development and information on the Minnesota Association of Watershed Districts (MAWD) summer tour. He pointed also to the revised minutes of the April 14 meeting, which included resolution statements for the matters approved at that meeting. Manager Calkins requested a review of the aquatic invasive species (AIS) pilot program in Minnewashta and Christmas lakes as item 12.3. Manager Blixt moved, seconded by Manager Olson, to approve the amended as amended. Upon vote, the motion carried.
Introduction
At Mr. Evenson’s direction, Mr. Welch introduced Paige Stradley, a second-year law student at the University of Minnesota whom Mr. Welch is mentoring this semester. The Board welcomed Ms. Stradley.
CONSENT AGENDA
Manager Calkins requested the removal of item 7.3, the approval of the milfoil weevil study. Manager Keeley moved, seconded by Manager Olson, to approve the consent agenda, consisting of:
The petty cash, surety and checking registers, the last including checks number 30656 to 30745 for a total of $424,963.11.
Approval of permit 11-059 – Cargill, 15615 McGinty Road, Minnetonka, approved on the condition that the applicant reimburse mailing cost and submit a receipt of recordation of a declaration for maintenance of wetland buffers and culverts.
Adoption of resolution 11-035 – Casco Point Shoreline Stabilization Grant Program:
NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers authorizes the District Administrator to execute an agreement on advice of counsel with the City of Orono and the property owner which outlines the rights and responsibilities of each party and the terms of reimbursement of 50 percent of total project costs, not to exceed $34,500, and conditions reimbursement on compliance with applicable District permit requirements.
Adoption of resolution 11-037 – Semi-Annual Payment of Property Taxes:
NOW, THEREFORE, BE IT RESOLVED that for parcels in District ownership bearing semi-annual property taxes of $5,000 or more, the Minnehaha Creek Watershed District Board of Managers hereby authorizes the District Administrator to make the first semi-annual payments for 2011 by the May 16, 2011 deadline, and the second payment by the October 17th, deadline. Accordingly, be it further resolved that the Board of Managers:
- 1. authorizes two semi-annual payments of tax in the amount of $12.314.58 in satisfaction of 2011 county property tax owed for the parcel at 415 Blake Rd. N., with the first payment to be made by May 16th and the second by October 17th, 2011;
- 2. authorizes two semi-annual payments of tax in the amount of $12,241.31 in satisfaction of 2011 county property tax owed for the parcel at 427 Blake Rd. N., with the first payment to be made by May 16th and the second by October 17th, 2011; and
- 3. authorizes two semi-annual payments of tax in the amount of $9,749.16 in satisfaction of 2011 county property tax owed for the parcel at 7252 Excelsior Blvd., with the first payment to be made by May 16th and the second by October 17th, 2011.
REGULAR AGENDA
Committee and Task Force Reports
Mr. Evenson reported on the April 21 Personnel Committee meeting, at which committee members Shekleton, Keeley and Blixt discussed the new benefits program, as well as the education support position and the hydrodata position, both of which are now open.
(Manager Miller arrived at this time, 7:05 p.m.)
Manager Blixt reported that at the Citizens Advisory Committee (CAC) meeting the cost-share applications were reviewed and the process for review of such applications was discussed. She stated that she believes it is important for the Board to get the same materials the CAC gets on the cost-share applications. She also stated that the CAC needs to get more up to speed with the Board’s goals for the cost-share program. The CAC also needs a subgroup to review cost-share applications prior to review by the full group because a large number of applications is anticipated.
Manager Calkins reported that the Hydrodata Committee met and discussed how to manage the summer sampling season in light of the departure of Udai Singh. Mr. Evenson noted that Wenck will be providing a proposal in May to recommend changes to ecosystem monitoring to be integrated into the budgeting process. At Manager Blixt’s initiation, it was agreed that planning for hiring the new hydrodata staff person should begin in August, when the Board’s direction for the budget will be known.
Manager Olson reported on the August 19, 2011, meeting of the Metro MAWD. He said the group reviewed the revisions to the metropolitan watershed rules, the phase II Clean Water Act permit, annual watershed organizations reports, which are due April 30, and the AIS legislation being advanced by the Department of Natural Resources (DNR). The managers discussed the need to timely submit the District’s annual report to the Board of Water and Soil Resources (BWSR).
Manager Keeley stated that she attended the Ice Out/Loon In event recently.
Manager Casale reported on the Southwest Corridor Hennepin County Works Planning Task Force meeting, stating that the group discussed the receipt by the Southwest LRT project of the largest transportation grant ever in Minnesota. He noted that a council member from the City of Hopkins offered extensive praise of the District’s work to the group.
Manager Calkins noted that he, Telly Mamayek, and Mr. Evenson met with Lili Todd McMillian from the City of Orono to discuss issues with road salt.
The managers discussed the upcoming schedule for committee meetings, including the tour scheduled for April 30, 2011. Mr. Evenson said that Minneapolis Park and Recreation Board Commissioner Bob Fine and Hennepin County Commissioner Peter McLaughlin will meet the group at the Minnehaha Glen. The managers noted that the map developed for the tour will be a great communications tool for the District.
Manager Casale said the Information Technology Committee is looking for a date for its next meeting. A land conservation work group will meet at 5 p.m. on May 10 at the District offices.
Milfoil Weevil Study
Manager Calkins expressed his reservations about the milfoil weevil study as described in the April 14 minutes. His principal concern is that it is unclear how the success of the program will be measured and that the goal of the study is unclear. Mr. Evenson stated that the goal is to determine the effectiveness of the weevils in an enclosed setting, namely the enclosure that will be built and placed in Christmas Lake to keep bluegills out because the bluegill feed voraciously on the weevils. Mr. Evenson said the purpose is to measure the effectiveness of the weevils in controlling milfoil. He added that discussions are under way with Steve McComas of Blue Water Science to provide a summary of the study at the end of the season. Additional funding for this will be approved through his administrative authority unless the Board wishes it to come back before the Board.
Manager Calkins noted that it is important to know baseline information, for example, what the population of weevils is in Christmas Lake now and what the milfoil stem count in the lake is. Mr. Evenson said the stem count will be completed at the end of the season to determine the weevil’s effectiveness in eliminating milfoil. Manager Calkins responded that there is a great deal of information available on weevils and most of it indicates that they not particularly effective. He said research is a good thing for the District to pursue, but more work should be done on the design of the project. He is concerned that the District will expend funds with no measureable outcome to show for its expenditure.
Manager Casale stated that while the Board review of the project at the April 14 meeting did not involve the kind of scientific scrutiny that perhaps Manager Calkins has in mind, the intent was to get the project going quickly to take advantage of the opportunity to learn more about the weevils during the current growing season and there is a need to get going with the project soon. Mr. Evenson added that the assessment of the effectiveness of the weevils is not in the amount proposed for approval before the Board this evening, $4,700. But the amount will probably be under $2,000. Manager Olson stated that there are numbers available on milfoil stem density in Christmas Lake. He added that the proposed contract with Waterfront Restoration puts the onus on them to effectively use the information from the study. Manager Calkins responded that he would still prefer to see a detailed protocol on how the study will be conducted. Mr. Evenson proposed that the study protocol could be provided to the Hydrodata Committee to review and recommend to him to proceed with the study or bring the matter back to the Board for re-review. Manager Calkins stated that he is comfortable with that approach.
Manager Casale moved, seconded by Manager Miller, to adopt resolution 11-036:
NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers hereby approves a milfoil weevil study and authorizes the District Administrator to expend $6,770.33 to collect and raise milfoil weevils and assess program results, conditioned on the approval by the Hydrodata Committee of the protocol and methodology for the study.
Manager Olson stated that the purpose of the study is support the development of a model for an effective weevil-based milfoil control strategy that could be deployed statewide. He said this study is different from studies that have been done before. Manager Calkins also noted that biological controls do not eliminate invasive species. Upon vote, the motion carried.
Memorandum of Understanding for Camp Christmas Tree Project
Ms. Houdek appeared before the Board and presented the proposed memorandum of understanding (MOU) with the Minneapolis Young Men’s Christian Association (YMCA), which owns Camp Christmas Tree. Ms. Houdek explained that the District is planning construction and installation of various best management practices on the camp property to improve water quality in Dutch Lake and provide educational benefits for the campers. Ms. Houdek explained that Wenck Associates has completed a feasibility study for the project and has developed the necessary information to complete designs. She said that staff had hoped that the YMCA would have signed the MOU prior to presentation to the Board, but the Y representatives are still reviewing the MOU and discussing some points. She said that in the main, though, the YMCA is comfortable with the terms of the MOU. She stated that the resolution before the Board also includes authorization to enter a contract with Wenck Associates for $45,600 for design of the project.
Manager Casale confirmed with Ms. Houdek that the purpose of the MOU is to ensure that the Y is comfortable with the direction the project is going. Manager Casale moved, seconded by Manager Olson, to adopt resolution 11-038:
NOW, THEREFORE, BE IT RESOLVED that the MCWD Board of Managers authorizes the District administrator to execute a contract with Wenck Associates for an amount not-to-exceed $45,600 for design of the project; and
BE IT FURTHER RESOLVED that the MCWD Board of Managers authorizes the District administrator to execute the MOU with the YMCA.
Ms. Houdek pointed out that the YMCA is still not sure whether it will allow the District to record permanent easements on the property, protecting the BMP locations and providing for ongoing maintenance, which is why the District has placed a provision in the MOU stating that the cooperative agreement for the project may include, as an alternative to permanent easements, an obligation to reimburse the District for the costs of the design and construction of the BMPs at a prorated amount, based on a projected 30-year useful life of the BMPs, if the YMCA sells the property. Manager Miller stated that he would think the BMPs enhance the value of the property and the reimbursement should be for the entire amount no matter when the Y sells the property. In response to a question from Manager Keeley, Ms. Houdek stated that she hopes the Y will sign the MOU next week.
Mr. Wisker appeared before the Board and explained that the purpose of the MOU is to give the Board comfort in approving the design expenditure and that the specifics of the prorated amounts for the BMPs will be included in a cooperative agreement between the Y and District entered into before the project is undertaken. Upon vote, the motion carried.
Adoption of Plan Amendment for Local Water Management Plan Implementation and Reporting
Mr. Evenson pointed out that the changes to the resolution requested at the last meeting on this matter are shown in the packet item in strikeout/underline. Ms. Houdek again appeared before the Board and summarized the development of the plan amendment, noting the public hearing in January and subsequent discussions with city representatives. She said staff is requesting that Board adopt the plan amendment. Subsequent to the presentation of this matter to the Board at the April 7 meeting, the revised amendment and the reporting form had been reviewed with the city representatives who had commented on the reporting form. Ms. Houdek stated that no new issues with regard to the form have emerged and that city representatives seem comfortable with it. Manager Blixt, seconded by Manager Casale, moved to adopt resolution 11-039:
NOW, THEREFORE, BE IT RESOLVED that the MCWD Board of Managers hereby adopts the plan amendment for incorporation into the MCWD CWRMP, effective immediately, and that the administrator will distribute the amendment to all agencies that received a copy of the CWRMP and otherwise make the amendment available in accordance with legal requirements and the CWRMP.
Upon vote, the motion carried.
Manager Casale thanked staff for their efforts to ensure the clarity of the plan amendment and procedures.
Authorization for Partial Waiver of Liability Limits
Mr. Evenson presented the matter, explaining that the Board historically has waived the statutory limitation on liability and paid a small amount in addition to its standard insurance premium to cover the additional liability. He explained that for approximately $300 in increased annual premium the District can increase the coverage for individuals $500,000 to $1.5 million. The total liability limit per incident will remain at the statutory limit of $1.5 million. Manager Miller moved, seconded by Manager Blixt, to adopt resolution 11-040:
NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers authorizes the Board president to sign a partial waiver of liability limits.
Upon vote, the motion carried.
Changes to the District Benefits Program
Mr. Evenson explained that in February the Board discussed the insurance benefits package to be provide to District employees. He and Mr. David Mandt have been working on the health insurance package and wished to revisit it to ensure that the Board understood that the cost of $113,000 allocated and approved for this coming year likely will rise in the future because of the changes to the plan that the Board is considering. He wants to make sure that the Board is fully aware of the additional cost of the program over time.
Mr. Evenson reviewed the program approved by the Board in February, which is what is known as a blended approach involving high deductible insurance coverage along with a health savings account to which the District contributes and a health care reimbursement program. In response to questions from managers Miller and Blixt, Mr. Evenson explained that the District would contribute roughly $750 a month per employee to the insurance program. The proposed program also covers families, and under the proposed program, family coverage would involve a contribution of roughly $1,200 a year by the employee. Manager Miller stated his interest in having an equitable program, relative to health insurance benefits that are available in the private sector.
Mr. Evenson explained that in the future the District could reduce the amount it contributes to the health savings account to compensate for increased premiums the District is likely to pay. After further discussion of the comparison of the District program to programs offered in watershed cities, Mr. Evenson explained that the District’s insurance agent at Bearence provided a benefits consultation to the District for the health program. In response to the details Mr. Evenson provided on the program, Manager Calkins noted that a $2,000 deductible is relatively low. Manager Calkins said he believes employees should contribute to the insurance program. He would like to see the District contribution to the health savings account phased out over time. Mr. Evenson suggested that if the standard contribution to the health savings account is eliminated, the District could include such contributions as part of the negotiation of employment packages with new employees. Manager Olson explained that in his company the higher the salary an individual has, the more he or she pays toward their insurance. Mr. Evenson stated that he was not sure that such a structure could be used by the District as a public agency.
Manager Casale stated if the District intends to do something different in coming years with regard to the contributions to the health savings account, it should state what that will be now rather than waiting.
(Manager Shekleton arrived at this time; 8:33 p.m.)
Mr. Evenson pointed out that the resolution before the Board also proposes to fund the health savings account for three months in advance to cushion the blow for employees who have planned health care expenses, such as new babies. The managers discussed the possibility of not making the advance contribution for new employees. The managers stated that they wish to cut off the health savings account contributions effective January 1, 2013.
Manager Keeley moved, seconded by Manager Olson, to adopt resolution 11-041:
NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers approves that from June 2011 through December 2012, single and family health insurance premiums be paid by the District and the District contribute $100 a month to employee health savings accounts and $67 a month to employee health reimbursement accounts, and effective January 1, 2013, the District discontinue contributions to health savings accounts.
BE IT FURTHER RESOLVED that the Minnehaha Creek Watershed District Board of Managers direct the District administrator to fund employee HSAs three months in advance (June, July and August 2011).
Upon vote, the motion carried.
Contribution to Watercraft Inspections
Mr. Evenson reminded the Board that when Greg Nybeck from the Lake Minnetonka Conservation District (LCMD) presented recently he mentioned that the LMCD would be requesting support from the District for watercraft inspections this season. He said that the Department of Natural Resources (DNR) and the LMCD are contributing a greater share of the cost this year, while the request to the District is for the same amount as last year, $7,500. Manager Miller moved, seconded by Manager Keeley, to adopt resolution 11-041:
NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers authorizes the District administrator to contribute $7,500 to the LMCD for educational activities associated with the Lake Minnetonka Watercraft Inspection Program.
Upon vote, the motion carried.
Work on Minnehaha Creek with Minneapolis Park and Recreation Board
Mr. Evenson reminded the Board that last year as the work in the Minnehaha Glen progressed only with difficulty, the Board informally established a moratorium on work on projects with the Minneapolis Park and Recreation Board (MPRB). Mr. Evenson reported that the phase III revegetation work in the glen has proceeded well and that the MPRB has been responsive to the District. The progress raises the question of whether the Board is comfortable moving ahead with additional projects with the MPRB. Mr. Evenson said the memo on Reach 7 in the packet is just to give Board members a sense of one of the projects that could be reinitiated with the MPRB. In response to a question from Manager Miller, Mr. Evenson said the next step on the Reach 7 project would be a public meeting, then further work on design. The managers expressed comfort with working with the MPRB again and discussed whether the moratorium had been established by official resolution. Manager Miller moved, seconded by Manager Shekleton, to authorize staff to reengage the MPRB for capital improvement projects and other work.
Manager Keeley stated that the District should take a positive but cautious approach. The managers agreed with this approach. Upon vote, the motion carried.
Meeting Protocol
Manager Calkins initiated a discussion of the protocol for Board meetings established at the beginning of the year whereby there is a planning and projects meeting the first Thursday of the month and an operations meeting the second Thursday, with a regular meeting to take action on the fourth Thursday of the month. Manager Calkins noted that a change has been made to include in the packet information for the business meeting the names of managers who moved and seconded placement of items on the consent agenda for the business meeting. He also noted that the minutes will now include approved resolution language in its entirety. Manager Miller stated that he believes meetings will be more efficient if permanent chairs for the planning and projects and operations meetings are established. Manager Miller moved, seconded by Manager Shekleton, to establish permanent chairs of the committees for the programs and projects and operations meetings, to be appointed by the president.
The managers discussed the merits of the new system and agreed that the meetings are more organized and effective. Manager Keeley stated that the system is leaving her feeling less confident and in tune with the District’s work, but the system is clearly better for staff and for that reason she believes it should continue. The managers also discussed continuing the rotation of chairs and Manager Keeley noted that she likes each manager getting an opportunity to chair the meetings. Upon vote, the motion failed, 1-6, Managers Shekleton, Keeley, Calkins, Blixt, Casale and Olson voting against.
Pilot Aquatic Invasive Species Program
Manager Calkins stated that upon reviewing the minutes of the April 14 meeting he felt that what was discussed and approved was different from what the Board had discussed in the past. He noted that there was no sticker or red lake/blue lake component to the program. He emphasized the need for District program to establish a protocol that could be expanded to a District-wide application. Second, he does not believe that the pilot program established on Christmas Lake and Lake Minnewashta will help prevent the spread of AIS through the District. Finally, he said it was important to establish and understand whether the District has the support to take an AIS program district wide. Manager Miller moved to reconsider the April 14 approval of the pilot AIS program. (The motion failed for lack of a second.)
Manager Casale stated that it is not possible for the District to control boat traffic into and out of lakes throughout the watershed. But the District support will allow the pilot project to show that an access-control system works. He said the Minnewashta and Christmas Lake program is experimental on several levels and will benefit the District in a variety of ways. Manager Olson stated that the partnership with the DNR, the City of Shorewood and the Christmas Lake Association allows the District to experiment with controlling access on public accesses using a gate system. He stated that the pilot program is probably the most restrictive the District could establish without causing unacceptable public impact.
Mr. Evenson stated that the pilot program is not dissimilar to a home lake or a red lake/blue lake system but is instead a home lake/visitor system. He said he believes it is important for District counsel to draft criteria that the District could use to begin discussions of a regulatory structure. Manager Blixt stated that the District is caught in the conundrum of having people who want the District to take action on AIS but the District has not yet developed a comprehensive approach. Manager Casale reminded managers that they had discussed and agreed to meet with local community representatives and get resolutions of support for a District AIS program from local city councils. He said there were two meetings with local representatives but is unaware that any followup has occurred. He said the process to develop this support needs to move forward.
Manager Shekleton stated that he does not believe the District is effectively using its resources by conducting control-type programs in isolation. He stated that the problem is statewide and needs a statewide solution. Manager Olson stated that the District has only $180,000 for invasive species programs this year and cannot do a watershed-wide program with that level of funding. He also noted that a resolution of support for the AIS program from the City of Shorewood is expected soon. He added that the pilot program is focused, like the DNR’s pending legislation, on inspection of boats. Manager Keeley stated that the program approved by the Board is an attempt to get something going on a small scale to help the District formulate its next steps on control of AIS. She stated her strong desire not to take any action that would slow down implementation of an AIS program by the District as soon as possible.
Manager Calkins stated that the District has been clear that it wishes the state to take the lead on control of AIS. But he disagrees that a watershed-wide sticker program would not work. Manager Casale pointed out that the District is pursuing a partnership with a city council, a lake association and the DNR that will help the District get its foot in the door with the DNR and show support for access control to control AIS.
Manager Calkins stated that he thinks the program also risks exposing the District to criticism for giving special treatment to certain lakes. He said the program needs another layer to make it transferable. Mr. Evenson stated that the pilot program helps the District understand the mechanics of controlling lake accesses without putting staff at every public access point in the District. He said discussions continue with DNR about establishing boat-washing stations and controlling access. Manager Calkins moved to expand the pilot program to include elements of a sticker program that will be transferable to the entire watershed. Manager Olson seconded the motion.
In response to a question from Manager Miller, Mr. Evenson stated that the staff resources needed for the pilot program would be meager, and that’s the point. He said the Minnewashta Lake Association has a grant from the DNR and the District is applying for a DNR grant with the project partners for Christmas Lake. He said that the lake association has some resources to provide oversight as well.
Manager Olson stated that the real product that will come from the pilot program is a white paper that will explain how to operate such a control program. Lake associations can take it from there and establish programs for their own lakes. Mr. Evenson stated that the DNR is the key to the project and if DNR won’t allow access control the program will not be successful. He reiterated the importance of criteria for a transferrable program, drafted by counsel, to ensure the program is legally sound. Upon vote, the motion carried.
The managers directed staff to continue to move forward with meetings with local government entities to generate support. Mr. Evenson reported that Patty Aossey of the District staff is setting up such meetings.
ADJOURNMENT
There being no further business, the regular meeting of the Minnehaha Creek Watershed District Board of Managers was adjourned at 9:57 p.m.
Respectfully submitted,
Lee Keeley, Secretary
