MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

August 20, 2009

CALL TO ORDER

The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President James Calkins at 6:57 p.m. at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota. 

MANAGERS PRESENT

James Calkins, Richard Miller, Lee Keeley, Jeffrey Casale, Mike Klingelhutz, Brian Shekleton.

MANAGERS ABSENT

Pamela Blixt.                                                                                  

OTHERS PRESENT

Eric Evenson, District Administrator; Steve Christopher, District Technician; Ellen Heine, District Land Conservation/GIS Specialist; Mark Ten Eyck, District Land Conservation Program Manager; David Mandt, District Operations Manager; Nat Kale, District Planner; Udai Singh, District Water Quality Specialist; Michael Panzer, District Consulting Engineer; Michael Welch, Assistant District Counsel.

MATTERS FROM THE FLOOR

Kevin Borg, superintendent of the Westonka School District, appeared to discuss the school district’s desire to use the Diercks property owned by the District for environmental classes and activities.  Mr. Borg provided background on the school and its environmental learning program.  He stated that the Diercks property provides the schools with important access to the nearby woods.  Mr. Borg thanked the managers for their consideration of the partnership with the Westonka schools. 

(Manager Casale arrived at this time; 7:03 p.m.)

APPROVAL OF AGENDA

Manager Miller moved, seconded by Manager Shekleton, to approve the agenda.  Upon vote, the motion carried. 

CONSENT AGENDA

Manager Miller moved, seconded by Manager Shekleton, to approve the consent agenda, consisting of the minutes of the July 23 and August 6, 2009, meetings of the Board of Managers, the petty cash, surety, and check registers, the last consisting of checks 29211 to 29275 for a total of $362,460.89.  Upon vote, the motion carried.

REGULAR AGENDA

Committee Meeting Reports

Manager Keeley stated that the Awards Committee will report to the Board after its next meeting, which is September 3.  Right now, the committee is arranging nominees into the appropriate categories and getting additional background information on the nominees. 

Mr. Evenson stated that the Building Committee will meet during the week of September 7. 

The next Citizens Advisory Committee meeting is August 26.

The Information Technology Committee will meet August 26 at 4:30 p.m. at St. Louis Park City Hall.

Manager Calkins asked Board members whether they preferred to conduct a fall tour on October 8 or if they wished to meet again on that date with Jim Brimeyer to continue strategic planning.  The managers decided to forego the fall tour in favor of resuming the strategic planning effort.

Permit 09-164:  Three Rivers Park District, Minnetrista

Mr. Christopher presented for reconsideration an application from Three Rivers Park District (TRPD), which proposes to alleviate erosion in Minnetonka Park by routing runoff from a nearby trail and parking area into a section of storm sewer to be constructed in a ravine.  Mr. Christopher explained that the runoff from a private driveway is contributing to the problems at the site.  The pipe would outfall into West Upper Lake of Lake Minnetonka.  Mr. Christopher said the project addresses the safety issue of excessive runoff overtopping the park trail.  He said the Board reviewed the project at its August 6 meeting and deferred a determination on the application, instead asking staff to work with the applicant to determine if there are other options to address the erosion and overtopping, and to determine the source of the drainage problems. 

Mr. Christopher stated that the construction of the trail has substantially reduced the drainage area contributing to the site. He stated that the applicant has determined that the no-build option does not address the problem while bioengineering is not feasible because of the dense tree canopy in the area, which would prevent growth of the necessary plants.  Mr. Christopher stated that staff therefore finds that installation as proposed by TRPD of storm sewer in the ravine meets the District minimal impact criterion of Rule G and recommends approval of the application, on the condition that the site be subject to the District’s programmatic maintenance agreement with TRPD.

In response to a question from Manager Casale, Mr. Christopher stated that the project has not changed from what was presented to the Board August 6.  Mr. Panzer stated that he has inspected the site and observed that the landform, including the ravine in the project area, is well-established and may even predate settlement.  In response to a question from Manager Calkins, Erik Nelson, the engineer for TRPD, explained that 10 to 12 feet of fill would be placed in the ravine at the deepest point.  In response to further questions from the managers, Mr. John Barton of TRPD explained that there is no room at the bottom of the slope and the end of the storm sewer pipe to install a treatment basin.  Mr. Barton said that TRPD staff is trying to balance water-quality treatment needs against the need to preserve trees.  In reviewing the constraints at the project site, staff elected to take a route that preserves as many trees as possible.  He added that TRPD will plant shrubs over the stormwater pipe after it is installed and revegetate the area.  Manager Shekleton moved, seconded by Manager Casale to approve the project with staff’s recommended condition.

Managers Miller and Casale expressed their disappointment that further information and an improved design had not been developed since the Board’s last review of the project.  Manager Calkins added that the Board disfavors piping of natural ravines.  The managers discussed the scarcity of mature trees in the area, based on the photographs displayed by Mr. Christopher.  The managers discussed the contours of the project site and the possible alternatives to the design presented by the applicant.  After further consideration, Manager Casale stated that he wished to view the site in person before making a determination as to whether to vote in favor of the project.  Manager Shekleton moved, seconded by Manager Casale, to table consideration of the motion.  Upon vote, the motion carried.  Manager Casale asked staff to set up a field trip for managers to review the project site. 

Mr. Evenson noted the need to ensure that the statutory 60-day timeframe for review of the project does not expire.  Manager Casale moved, seconded by Manager Miller, to extend the deadline for the Board’s determination of the application, for the purpose of further investigation by staff and the managers, for a maximum of 60 days.  Upon vote, the motion carried.

Water Quality Department Vehicle Purchase

Mr. Mandt reviewed used and new vehicles the District could purchase to replace the District’s aging Chevy blazer, which is displaying a number of mechanical problems.  Manager Miller moved, seconded by Manager Casale, to approve Resolution 09-081, authorizing staff to purchase a new water-quality monitoring vehicle at a price not to exceed $23,693.  The managers discussed whether it is appropriate for the District to take advantage of the federal Cash for Clunkers rebate program.  Manager Shekleton moved, seconded by Manager Calkins, to amend the motion with direction to staff not to accept the Cash for Clunkers rebate.  Upon vote, the amendment failed, 2 to 4, Managers Klingelhutz, Casale, Keeley and Miller voting against.  Upon vote, the motion carried, 5 to 1, Manager Calkins voting against. 

Minnetrista Local Water Management Plan

Mr. Kale presented the City of Minnetrista’s revised Local Water Management Plan which includes detail on a capital improvement program that utilizes flocculation projects to achieve the city’s phosphorus loading-reduction goal, as set by the District’s Comprehensive Water Resources Plan.  Mr. Kale stated that the city’s phosphorus loading goal is 151 pounds per year, and that the flocculation system will remove water from Dutch Lake, Mud Lake and Jennings Bay, treat it and return it to the receiving water or an upstream wetland.  Mr. Kale stated that the details on phosphorus removal have been added in accordance with the Board’s direction when it last reviewed and denied the city’s plan. 

Manager Miller stated that he is concerned that the implementation and construction of the flocculation systems is pushed out toward the end of the plan period, near 2020.  Manager Klingelhutz asked if the timeframe for the memorandum of understanding with the city is the same 10-year period.  Mr. Welch explained that the MOU is for a five-year period and is automatically renewed unless severed in writing by both of the parties.  Manager Casale asked whether the District can require that the city provide one-third of the required phosphorus reduction in the first third of the project period.  Mr. Pete Willenbring, WSB Engineering, appeared on behalf of the city and expressed concern with the timeline suggested by Manager Casale.  Mr. Welch explained that the District can require a detailed plan to reduce phosphorus loading, but that the District cannot demand the implementation of specific CIP projects at specific times by the city.  Mr. Willenbring explained that the CIP text in the plan includes expenditures on the part of the city every year throughout the 10-year plan and noted that significant design and feasibility study work must be completed before the flocculation systems can be put into place.  Mr. Willenbring said that it will take two years to complete project development and feasibility studies.  Manger Klingelhutz expressed his doubt that the CIP projects in the city plan will be completed.  Manager Miller moved, seconded by Manager Casale, to approve Resolution 09-082, with the added condition that Minnetrista commit to completing feasibility studies for the CIP by 2012 and that the condition be included in the memorandum of understanding.  Manager Calkins asked what authority the District has to enforce the requirements in its plan after the city plan has been approved.  Mr. Welch explained that enforcement of the obligations in the plan after it has been approved by the district is the province of the Board of Water and Soil Resources.  Upon vote, the motion carried, 5 to 1, Manager Klingelhutz voting against. 

Manager Miller moved, seconded by Manager Keeley, to approve Resolution 09-083, authorizing the Board president to execute the memorandum of understanding with Minnetrista after finalization of the agreement by staff and counsel.  Upon vote, the motion carried, 5 to 1, Manager Klingelhutz voting against.

Spring Park Local Water Management Plan

Mr. Kale presented the City of Spring Park’s Local Water Management Plan, along with the draft memorandum of understanding between the city and the District.  Mr. Kale explained that the city is opting to have the District continue to implement its rules and that the City wishes the District continue to act as the Local Government Unit for the purposes of the Wetland Conservation Act.  Manager Shekleton moved, seconded by Manager Miller, to approve Resolution 09-084, approving the Local Water Management Plan of the City of Spring Park.  Upon vote, the motion carried.

Manager Miller moved, seconded by Manager Keeley, to approve Resolution 09-085, authorizing the Board President to execute the memorandum of understanding with the City of Spring Park.  Upon vote, the motion carried.

2010 Operations Budget and Levy

Mr. Evenson presented the final draft budget and levy for Board review in anticipation of setting a public hearing before sending the total budget and levy to the counties.  Mr. Evenson explained that the project and program budget, totaling $9,675,387, has been set in accordance with the Board’s direction not to increase the levy from 2009 to 2010.  The proposed levy is $6,103,864. 

Mr. Evenson described projects for which funding will carry over to 2010, helping to reduce the levy.  He also noted that certain information technology costs have been moved from the operations budget to the programs budget because they are one-time occurrences.

Mr. Evenson said that the operations budget increase from $1,559,730 to $1,655,723 reflects increased employee wages and benefits, including an upgrade of the communications and outreach intern position to a full-time staff position.  He added that the proposed operations budget included an expected increase in manager costs.  Manager Shekleton moved, seconded by Manager Keeley, to approve the draft budget and levy, and set the public hearing for September 10, 2009. The managers discussed the expected increase in managers costs. Manger Miller moved, seconded by Manager Shekleton, to provide no increase from 2009 for managers expenses.  Upon vote, the motion carried.  

Upon vote, the main motion carried. 

Minnehaha Creek Bridge Analysis

Mr. Panzer presented the results of his review of a United States Army Corps of Engineer’s report on the effects on flood flows and elevations that would be expected from the removal of bridges and crossings on Minnehaha Creek.  Mr. Panzer explained that limitations inherent in the hydraulic model used mean that the Corps’ report does not provide sufficient information to inform the Board’s consideration of the issue.  He said Corps staff agreed with his assessment of the model.  Mr. Panzer recommended that he follow up with analysis using the District’s XP-SWMM model instead.  He noted that the research will inform the Board’s consideration of the new operations plan to be drafted for the Gray’s Bay Dam, which will come before the Board in November.  He added that the removal of the Excelsior Bridge on the creek has already been permitted and will be pursued.  The managers directed Mr. Panzer to complete the additional modeling he recommends. 

Diercks Property Education Agreement

Mr. Ten Eyck presented an agreement drafted to allow Westonka Schools to use the Diercks property for educational purposes.  Mr. Ten Eyck explained that when the project was brought to the Board previously, the concept included demolition of the home and adjacent garage.  Mr. Ten Eyck stated that the Board directed staff to investigate reuse options for the home and to set a specific term for the agreement.  Mr. Ten Eyck explained that after revision by District counsel, the agreement now states a two-year initial term with successive one-year automatic renewals that can be cancelled by either party.  Mr. Ten Eyck made a change to the resolution, stating that the garage is going to be demolished by the District, not by the school district.  Manager Miller moved, seconded by Manager Keeley, to approve Resolution 09-077, as amended.  Upon vote, the motion carried.  Manager Miller stated that all signage should make it clear that the District owns the property and is providing it for educational opportunities.

Total Maximum Daily Load Program Update

 

Mr. Kale presented an update on the District’s ongoing involvement in the Total Maximum Daily Load (TMDL) studies currently under way in the watershed, along with background on the TMDL program. He reviewed the basic parameters of the Clean Water Act program, under which waterbodies are identified as impaired because of overabundance, usually, of a specific pollutant, and plans are developed to improve the water quality and preserve the water body for its designated uses.  Mr. Kale stated that the District plan envisions the use of the rules, local plan reviews and capital projects to help achieve TMDL and other water quality goals. 

Mr. Kale said the District is participating in the Minnehaha Creek and Lake Hiawatha TMDL.  He said both water bodies are impaired for fish biota, e coli and chloride in the case of the creek and nutrients in the lake.  The District also is working with Bruce Cleland, a noted TMDL expert from the Environmental Protection Agency, on the Nine Lakes TMDL, which began in 2003 and now only includes six lakes – three have been removed in response to policy changes or additional data analysis.   He said that the Pollution Control Agency is nearly ready to submit a draft TMDL report to the Environmental Protection Agency for review and approval, and that he expects the Nine Lakes TMDL to be completed at the end of October.

Mr. Kale observed that two more TMDL projects are coming:  A watershed-wide TMDL in the upper watershed will start in 2011, and a lower-watershed TMDL will start in 2013. 

The Board thanked Mr. Kale for his thorough update.

Administrator’s Report

Mr. Evenson stated that in addition to the written report provided to the Board, he wished to note that the Federal Emergency Management Agency floodplain maps finally have been approved.  He said an anonymous donor called the District with a desire to contribute $3,000 to the District’s efforts in recognition of its good work.  Finally, Mr. Evenson stated that a new journal called Tonka Times is being published in the watershed and that the editor is requesting a one-page monthly report on things going on in the watershed from the District. 

Closed Session for Real Estate Negotiations

Mr. Ten Eyck stated that staff wishes to discuss formation of possible offers for purchase of two properties: one at 6525 County Road 26 in Minnetrista and the other at 6480, 6360 and 6430 County Road 26, also in Minnetrista.  The Board convened in closed session. 

At the conclusion of the closed session, Manager Calkins reported that the Board directed staff to continue negotiations with the owners of both properties. 

ADJOURNMENT

There being no further business, the regular meeting of the Minnehaha Creek Watershed District Board of Managers adjourned at 11:51 p.m.

Respectfully submitted,

Lee Keeley, Secretary