05  MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

August 5, 2010

CALL TO ORDER

The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President James Calkins at 6:58 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, Mike Klingelhutz.

MANAGERS ABSENT

None.

OTHERS PRESENT

Eric Evenson, Administrator; David Mandt, Operations Manager; Renae Clark, Projects Manager; James Wisker, Planner/Program Coordinator; Steve Christopher, Regulatory Program Manager; Natalie White, Maintenance Technician; Udai Singh, Water Quality Specialist; Mark Ten Eyck, Land Conservation Program Manager; Michael Panzer, District Engineer; Michael Welch, Assistant District Counsel.

MATTERS FROM THE FLOOR

None.

APPROVAL OF AGENDA

Mr. Evenson requested the addition of an introduction of the District’s new Minnesota Waters representative and a report on a meeting with Carver County representatives.  Approval of the agenda was moved and seconded. Upon vote, the motion carried.

CONSENT AGENDA

Manager Casale asked that the minutes of the July 29, 2010, meeting be pulled from the consent agenda.   Manager Keeley moved, seconded by Manager Shekleton, to approve the consent agenda as amended, consisting of the minutes of the July 13 special meeting and July 15 and July 22 regular meetings; adoption of resolution 10-061, increasing the Wenck contract amount for the Dutch Lake DL-3; adoption of resolution 10-063, approving the agreement with the U.S. Geological Survey for a year-round flow-gauging station near Minnehaha Falls; and adoption of resolutions 10-064, conditionally approving the City of St. Bonifacius local water management plan, and 10-065, authorizing the president to execute the memorandum of understanding with the City of St. Bonifacius.  Upon vote, the motion carried.

Waldorf/Barkus Conservation Management Plan

In response to questions from Manager Calkins, Natalie White stated that various seed mixes were used in the plan, including some custom mixes.  Responding to a question from Manager Miller, Ms. White stated that the budget for management of the properties is $65,000 for three years of management, including some establishment of plantings.  The managers agreed that the plan should be provided to the City of Minnetrista.

Committee and Task Force Reports and Schedules

Manager Shekleton reported that the Information Technology Committee continues to work with consultants to incorporate geographic information systems into the District’s new website interface. 

Manager Shekleton said the Personnel Committee reviewed the operations budget and discussed the possibility of adding a comp-time policy and allowing telecommuting, and asked staff for a review of District insurance benefits.

Manager Keeley reported that Hennepin County Commissioner Jan Callison will be invited to serve as the emcee for the Blue Tie Awards.  She added that additional nominations in the government and youth categories are needed. 

The Hydrodata Committee met to review the water-quality definitions and ratings used by the District. 

Udai Singh appeared before the Board and discussed efforts the District has engaged in with the Lake Minnetonka Conservation District and the Department of Natural Resources to assess the zebra mussel infestation in Lake Minnetonka.  Dr. Singh provided maps to show the areas that have been assessed by the teams.  He is still working with Steve McComas of Blue Water Science on the habitat suitability analysis for Lake Minnetonka and will have a report to the Board next week.  In response to a question from Manager Miller, Dr. Singh stated that there is really no upside to the discovery of zebra mussels in the lake, though it will most likely be one to two years before the mussels spread throughout the lake.  He added that a zebra mussel was found in one location below the dam in the creek, but none were found in Lake Nokomis or Hiawatha Lake.  After discussion of the District’s options for responding to the infestation, Mr. Evenson stated that there will be some fiscal impact on the District as the monitoring budget will be revised to add new equipment and a boat dedicated to Lake Minnetonka.  He stated that dedicating the boat to the lake and marking it as such will underscore the District’s commitment to not spreading zebra mussels to other lakes.  Mr. Evenson also recognized Tonka Bay ­­­­­­­­­­­­­­­­­­Marina for contributing a boat and driver to the effort to assess the zebra mussel infestation and to Gabriel Jabbour for his assistance.

Mr. Evenson reported on the District’s meeting with representatives of Carver County.  He stated that District staff and Manager Klingelhutz provided the county representatives with a well-received update on the District’s programs and projects.

Manager Calkins reviewed the upcoming committee meetings schedule. 

REGULAR AGENDA

Minutes of July 29, 2010

Manager Casale moved, seconded by Manager Miller, to take no action on the minutes.  Upon vote, the motion carried.

Weis Property Environmental Investigation

Mark Ten Eyck appeared before the Board and requested authorization to close on the purchase of the Weis property in Hopkins.  Mr. Ten Eyck explained that a no-association liability-assurance letter was received from the Minnesota Pollution Control Agency (MPCA), along with a letter approving the District’s contingency plan.  Mr. Ten Eyck stated that the receipt of the letters resolved issues the Board identified as contingencies on the closing.  He said that Mr. Joe Otte, the environmental consultant for the project from Wenck Engineering, is available to answer questions.  In response to a question from Manager Klingelhutz on the Wenck memo of August 10, Mr. Otte explained that while Wenck has concluded that a vapor barrier would not be needed for a building on the property, the MPCA will need additional information on an actual building proposed to be constructed before determining whether or not a vapor barrier is needed.  The managers agreed no commitment on disposition of the property has been made. 

Mr. Ten Eyck explained that due to a delay in clearing the title, the closing has been moved from August 7 to September 7.  Manager Casale moved, seconded by Manager Miller, to approve resolution 10-066, authorizing the District administrator to close on the purchase of the Weis property.  Upon vote, the motion carried.

St. Mary’s Greek Orthodox Church Cost-Share Agreement

Steve Christopher appeared before the Board and discussed the request to authorize cost-share funding for stormwater improvements on the St. Mary’s Greek Orthodox Church property in south Minneapolis.  Mr. Christopher explained that the Board made a nonbinding commitment to provide cost-share funding in May.  He reviewed the runoff calculations prepared by the consultant for the redevelopment of the 3.57-acre parcel.  Mr. Christopher explained that the project will reduce the impervious surface on the property and is designed to eliminate the church’s City of Minneapolis stormwater utility payments.  Mr. Christopher explained that runoff volume from a 1-inch rainfall on the property will be captured onsite through the use of a biofiltration system and pervious pavers that route runoff to infiltration tanks. 

Mr. Christopher reviewed the low-impact cost-share program criteria, explaining that the criteria were drafted with public projects in mind and don’t fit the St. Mary’s project very well.  The first criterion is that the local government units must have a local water management plan approved by the District.  Minneapolis, however, has not revised its plan to concur with the District’s 2007 plan.  There is a question as to whether this criterion is appropriate for the St. Mary’s project.  He stated that the applicant is seeking a resolution of support from the local government unit to comply with the second criterion.  Mr. Christopher said that the applicant will record a perpetual maintenance plan on the deed to the property to comply with the third criterion, and that the fourth criterion is met because the stormwater improvements will exceed District regulatory requirements.  Mr. Christopher stated that while two of the criteria are not met, the project meets the goals of the District’s low-impact redevelopment cost-share program.  Mr. Evenson added that it is unlikely that Minneapolis will bring its local plan into compliance with the District plan for the purposes of this project. 

Manager Casale stated that the local water management plan criterion should not apply to the project.  Manager Casale asked whether the stormwater volume leaving the site could be further reduced by adding tanks under the parking areas on the property.  Mr. Derek Lasch, Solution Blue, the consultant for the project, appeared before the Board and stated that the project will meet the pre-settlement conditions for the 10-year storm, and while there is room on the site to capture the 100-year storm, the cost of doing so would be exorbitant.  In response to a question from Manager Miller, Mr. Lasch stated that the site cannot take runoff from offsite because it is at a high point in the area.  Manager Casale moved, seconded by Manager Miller, adoption of resolution 10-062, approving a grant to St. Mary’s Orthodox Church for 50 percent of the total cost associated with stormwater improvements on its property, not to exceed $211,712, and authorizing the president of the Board, on advice of counsel, to execute a funding agreement.  The motion included direction to staff to work with the applicant to look for additional opportunities to reduce stormwater volume leaving the site.

In response to a question from Manager Miller as to whether the District has appropriately addressed the program criteria, Mr. Welch stated that the project is not a good fit for the District’s criteria but the District has not developed criteria for private projects. But Mr. Christopher addressed the existing criteria, and it is the within the Board’s discretion to approve the funding.  Mr. Welch added that doing so does set a precedent.  Mr. Welch stated that the approval further was premised on the District’s determination that the performance will be beyond regulatory requirements applicable to the project.  In response to a question from Manager Calkins, Mr. Panzer stated that Minneapolis’ required phosphorus-load reduction is a couple hundred pounds.  The managers discussed the church’s current stormwater utility annual cost of $10,000 and whether the city should get credit for the phosphorus reduction achieved by the project and agreed it should not.  Upon vote, the motion carried.

Review of Work Plans and Proposed Budget

James Wisker and Renae Clark appeared before the Board, and Mr. Wisker reviewed the work plans and budgets for the capital projects, planning department activities and special funds in the managers’ meeting packets.  He provided a spreadsheet showing proposed expenditures and levies in each of the three categories.  He explained that for the 2011 capital projects, the District is already committed to submitting a contingent levy to the counties in September.  As District staff process plan amendments per prior Board approvals the levy may be reduced but will not be increased. 

Mr. Wisker explained that the Parley and Wasserman capital projects will not be levied for in 2011, so the funds in balance for those projects will be reallocated to the cost-share programs and the Minneapolis infiltration projects, as well as the urban corridor work planned by the District.  He stated that this will allow the District to maintain a flat levy for 2011, relative to 2010, as directed by the Board. 

Mr. Wisker reviewed the planning department budget and work plan, noting that in 2011 the District will be completing feasibility studies for 2013 projects only.  He added that Lake Minnetonka infiltration feasibility opportunities will be grouped together to explore regional opportunities.  He also stated that in the Painter Creek area there will be no levy for planning while the District explores opportunities to work with the Army Corps of Engineers.  Finally, Mr. Wisker stated that he expects to commence in 2011 the comprehensive study of infiltration opportunities in Minneapolis, which has been delayed by an inability to complete a cooperative agreement between Minneapolis and the Minneapolis Park and Recreation Board (MPRB).  Next year he expects the Total Maximum Daily Load for the upper watershed lakes to get started and expenditures will be needed for that. 

Ms. Clark discussed the plan for 2011 work in the Minnehaha Glen, noting that the work plan for the project includes a table of costs and allocations to the different parties participating in the project.  She stated that staff’s recommendation is to levy $600,000 for the project, contingent on completion of a minor plan amendment.  Ms. Clark reviewed the status of the various components of the project and stated her expectation that $600,000 should be sufficient to complete the project.  Manager Calkins reported that the revision of the joint powers agreement with the MPRB is moving along but not yet finalized.  In response to a question from Manager Casale, Ms. Clark stated that District staff continues to press the U.S. Army Corps of Engineers for its permit to complete the project.  Manager Shekleton moved, seconded by Manager Miller, to approve the initiation of a minor plan amendment for the Minnehaha Falls project.  Upon vote, the motion carried.  In response to a question from Manager Klingelhutz, Ms. Clark explained that the revegetation of the area will be funded by the MPRB. 

Mr. Wisker reviewed the special projects budget. 

Mr. Evenson provided a spreadsheet that he proposes to use to track District projects.  He pointed out that the tracker also includes post-construction and education and outreach planning.  Manager Miller suggested that as it has taken on long-term maintenance of ponds and wetlands at its project sites, the District should keep up kiosks and signage.  Manager Blixt recommended that staff look into a means of identifying the number of jobs created by District projects.  Manager Shekleton moved, seconded by Manager Miller to approve the capital projects, planning and special project work plans.  Upon vote, the motion carried.

David Mandt appeared before the Board of Managers and presented the information technology work plan for 2011.  Mr. Mandt explained that a number of innovations and improvements for the District website are planned for 2011 and the District is working with a company called Ncompass to integrate geographic information systems and mapping into the redesign of the District website.  Manager Klingelhutz moved, seconded by Manager Miller, to approve the information technology work plan.  Upon vote, the motion carried.

Mr. Evenson presented the operations budget and levy summary for 2011.  He stated that the proposed budget of $1,753,707 would require a levy of $1,751,015.  Mr. Evenson explained that the increase of 5.94 percent in the operations budget is mostly due to employee wages and benefits, as well as insurance cost increases.  Manager Miller moved, seconded by Manager Casale, to approve the operations budget and levy summary.  Upon vote, the motion carried.

ADJOURNMENT

There being no further business, the regular meeting of the Minnehaha Creek Watershed District Board of Managers was adjourned at 10:05 p.m.

Respectfully submitted,

Lee Keeley, Secretary