Minutes - Dec. 29. 2011
MINUTES OF THE REGULAR MEETING OF
THE MINNEHAHA CREEK WATERSHED DISTRICT
BOARD OF MANAGERS
December 29, 2011
CALL TO ORDER
The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President Jim Calkins at 6:52 p.m. at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota.
MANAGERS PRESENT
James Calkins, Brian Shekleton, Lee Keeley, Pam Blixt, Jeffrey Casale, and Richard Miller.
MANAGER ABSENT
William Olson.
OTHERS PRESENT
Eric Evenson, District Administrator; David Mandt, Director of Operations and Programs; James Wisker, District Planner/Program Coordinator; Steve Christopher, Regulatory Program Manager; Leslie Yetka, Education Manager; Michael Panzer, District Consulting Engineer; and Louis Smith, District Counsel.
MATTERS FROM THE FLOOR
None.
Introduction of New Staff
Mr. Steve Christopher introduced Mary Hammes, a new intern with the Regulatory Department. The managers welcomed her to the staff.
APPROVAL OF AGENDA
Mr. Evenson requested that item 12.9 be moved to the discussion agenda as item 13.1, and that planning for a Board retreat be added for discussion as item 13.2. It was moved by Manager Keeley, seconded by Manager Shekleton to approve the agenda with these changes. Upon vote, the motion carried.
CONSENT AGENDA
It was moved by Manager Keeley, seconded by Manager Shekleton to approve the consent agenda as presented, including the Check Register, consisting of checks 31320 through 31417 in the total amount of $349,639.07; the Petty Cash Check Register, checks 81380-81381; the Surety Check Register, checks 1353 through 1358; the Blake Road Building Check Register, checks 1001 through 1018; approval of the following permit applications as recommended by staff: 11-360, Gleason North Association/MCWD, 11-361, City of St. Louis Park/MCWD, and 11-362, MPRB/MCWD; and adoption of Resolutions 11-110, 11-111, 11-112, 11-113, 11-114, 11-115, 11-116, 11-117, 11-118 as follows:
NOW, THEREFORE, BE IT RESOLVED that the Board of Managers approves
Agreement releasing the wetland buffer requirements at 3180 Xanthus Lane N.
upon completion of rain garden enhancements.
NOW, THEREFORE, BE IT RESOLVED, that the MCWD Board of Managers
Hereby approves the City of Independence Local Water Management Plan.
NOW, THEREFORE, BE IT RESOLVED, that the MCWD Board of Managers
Authorizes the District Administrator to execute a contract with Barr Engineering
for an amount not to exceed $11,980.00 for design and construction oversight of the
Project.
NOW, THEREFORE, BE IT RESOLVED, the MCWD Board of Managers
Authorizes staff to solicit proposals for engineering services for the completion of a
feasibility study for the Painters Creek (PC-2, PC-6, PC-7) Volume and Load
Reduction projects.
NOW, THEREFORE, BE IT RESOLVED that the Board of Managers authorizes
The Board President, on advice of counsel, to enter the [4300 Oak Road, Minnetrista] stipulation on the District’s behalf.
NOW, THEREFORE, BE IT RESOLVED, that the MCWD Board of Managers
Hereby Authorizes the District Administrator to execute a contract with Interfluve
Inc. for an amount not to exceed $215,228 for the completion of design and
construction oversight services for the Reach 20 capital improvement project.
NOW, THEREFORE, BE IT RESOLVED, the MCWD Board of Managers
Authorizes staff to execute a contract with Wenck Associates to develop a feasibility
study for SMC-1 capital improvement project, in an amount not to exceed $17,795.
NOW, THEREFORE, BE IT RESOLVED, that the Minnehaha Creek Watershed District Board of Managers adopt the following policies contained herein and effective henceforth:
- Credit Card and Charge Account Policy
- Public Purposes Expenditures Policy
- Investment and Depository Policy.
NOW, THEREFORE, BE IT RESOLVED, that the Minnehaha Creek Watershed District Board of Managers have considered the Citizen Advisory Committee recommendation and hereby approve a funding limit of $25,000 to the Cynthia Krieg Watershed Stewardship Fund, with exceptions pending Board approval, and beginning with the 2012 funding cycle.
Committee and Task Force Reports
Mr. Evenson reviewed the Citizens Advisory Committee meeting, which included a discussion and presentation about cold tar sealants, a review of the applications for Cynthia Krieg Stewardship grants, and discussion of the future direction of programs to combat aquatic invasive species.
The managers also reviewed the schedule for upcoming committee meetings: January 9, Hydrodata Committee; January 11, Personnel Committee; January 16, Rules Committee; and January 5 Technology Committee.
BOARD ACTION ITEMS
Permit Application 11-313, National Park Service-5601 Minnehaha Park Drive/Coldwater
Mr. Steve Christopher reviewed the status of the permit application, and traced the staff findings concerning the incidental wetland determination.
Mr. Smith reviewed the procedural posture of the application, noting that on December 15, the Board of Managers acted to table the application for further review, effectively appealing the November 21, 2011, staff Wetland Conservation Act (WCA) decision in matter, and directed staff to provide for Board consideration of the WCA decision, further analysis on the status of Wetland A and an explanation of what the alternative scenarios would be if Wetland A were determined not to be incidental. He briefly reviewed the WCA decision process, and noted that any additional parties who wished to appeal the decision of the Board of Managers must file a request for notice of decision, and none has been filed to date.
Mr. Panzer reviewed the general history of conditions at the site and the District’s past involvement in the protection of Coldwater Springs. He reviewed the ongoing monitoring of the spring flow.
Manager Miller asked for some context concerning the disturbance over time to the landscape. Mr. Panzer referred to the historic features that have been identified for preservation by the State Historic Preservation Office, and noted that otherwise it continues to be a natural landscape. Mr. Peter Brown, Attorney for the Friends of Coldwater, appeared before the Board of Managers and noted that there is a disagreement between the National Park Service and the State Historic Preservation Office concerning the nature and extent of the cultural and historic resources at the site.
Manager Blixt asked why further wetland mitigation was not possible at this site. Mr. Christopher responded that he had not received an explanation from the National Park Service. Mr. Evenson noted that overall, the National Park Service has expressed restoration of the site as its goal. Manager Shekleton stated that he is quite familiar with the history and water related dynamics of the site, including the construction of roads and the rail bed which have been identified as the cause of creating the incidental wetlands. He stated that he is not clear how this restoration proposal from the National Park Service is detrimental to the natural resources of the site and is concerned that the objections stated by the Friends of Coldwater Springs seem to be frivolous in nature. Manager Casale stated that in his view the only issue is the incidental nature of the wetland, and that the construction of the railroad bed explains how the wetland was created. He stated that he was also unclear about the goals of the Friends of Coldwater Springs, because even if the wetland is found not to be incidental it would not appear to change the outcome of the restoration plan, other than to require further wetland replacement.
Manager Calkins stated that he was not convinced that the wetland in question was incidental and asked that Friends of Coldwater present their concerns, focusing on the matters within the jurisdiction of the District.
Mr. Peter Brown again spoke to the Board of Managers, stating that their concerns are not frivolous, that the plan of the National Park Service is not reflective of a natural restoration, and that there is not adequate evidence in the record that manmade activities are the sole source of the creation of the wetland.
Manager Casale asked what the goal of the Friends of Coldwater Springs is concerning this matter. Mr. Brown stated the goal is the natural flow of water at the site. Manager Casale asked how a determination that the wetland in question was not incidental would facilitate that goal. Mr. Brown stated that in his view it would require the National Park Service to go back to the drawing board and start its planning process anew.
Manager Shekleton stated that he recognized that the concerns express by the Friends of Coldwater were not frivolous, but noting the history of changes to landscape at this site, a complete natural restoration of the entire site would require much more work downstream. The managers further discussed the nature of the site surrounding Wetland A, the existence of natural seeps and groundwater flows in the area, and whether the construction of the railroad bed or causeway cause the creation of the wetland. The managers discussed the presence of other seeps in the general area and the lower Glen, and confirmed with Mr. Panzer that in his opinion some of the seeps are accurately characterized as wetlands, but others are not. Manager Keeley asked whether it was possible to determine that some part of the wetland in question was incidental, while other parts were not incidental. Manager Miller stated that in review of the history of the area provided in the record, the area appears to be greatly disturbed but it is unclear exactly what the nature and extent of the disturbances are. Manager Miller stated that he felt that the Board was left in the position of making a reasonable decision based on the evidence in the record, including information or recommendations provided by the Technical Evaluation Panel and staff. Mr. Brown noted that the Technical Evaluation Panel did not make a specific determination on the nature of the incidental wetland, and Mr. Christopher concurred.
Manager Calkins reviewed the site and the footprint of the existing subject building. He stated that he agreed that this site is highly disturbed, but also noted that much of the hillside area is characterized by seeps, and even with a slope, these seeps could still be part of a wetland complex. Thus the effect of constructing the railroad bed may have been simply to create a standing water wetland where the seeps otherwise existed. The managers reviewed the three criteria for determining the presence of a wetland, and clarified that standing water is not necessary in order for a wetland to be found at a site. Mr. Christopher stated that based upon available soil information, it would appear that the soils generally were not hydric, but for the construction of the railroad bed and creation of standing water. Given the steep slope, water would have run down the slope. Manager Calkins stated that he felt that adequate soil information was lacking in the record, and that it is also possible that there were hydric soils down the slope due to the nature of the seeps, but the record appears to be unclear on this point. Mr. Brown noted that the staff report stated that the soils have become hydric, and Manager Calkins noted that the issue is whether or not they were historically hydric. Manager Blixt noted that it was unfortunate that there was no representative of the Natural Park Service here to support its application.
Mr. Greg Strandmark appeared before the Board of Managers and noted that he is a member of the Mdewakanton Dakota and has been a part of the ongoing fight to protect the spring and seeps. He noted that two sources identified in the 1837 map point to flow that would have created hydric soils. He noted the importance of spring water for ceremonies, and stated that he would like to see the reservoir and springhouse removed from the site.
Following discussion, it was moved by Manager Miller, seconded by Manager Shekleton to adopt the staff recommendation and determine that the wetland is incidental in nature, and issue the permit with the conditions recommended by staff. Upon vote, the motion failed, 3-3, with Managers Miller, Shekleton, and Casale voting in favor and Managers Calkins, Blixt, and Keeley opposed. The managers discussed the result of the vote and staff indicated that this would require the National Park Service to resubmit an application that would provide a replacement plan for the wetland impacts at the site, including those impacts to Wetland A. Mr. Evenson asked legal counsel to comment on whether the permit application is required or voluntary on the part of the Nation Park Service. Mr. Smith stated that there has been no assertion that the District lacks jurisdiction over this site, and accordingly the District should proceed to process the application as presented.
Manager Shekleton stated that he was very sensitive to the posture of this matter and wanted to proceed carefully and consider what type of wetland replacement options might be available on the site. Mr. Evenson and Mr. Christopher stated that the required wetland replacement would be a Type one wetland. Mr. Evenson said that he was very concerned that the District continues to work with the National Park Service to deal with these issues effectively.
It was moved by Manager Keeley, seconded by Manager Miller to reconsider the vote on the earlier motion.
Mr. Tom Holzleider appeared before the Board of Managers as a member of the Preserve Camp Coldwater Coalition. He reviewed the maps and general site conditions and offered that there is a possibility of removing an additional building as part of the replacement options.
Ms. Susu Jeffrey appeared before the Board of Managers and reviewed the monitoring data stating that she was concerned that this restoration work by the National Park Service will result in losing the means of consistent monitoring of the flow at Coldwater Springs. Mr. Evenson stated that he was concerned that the District continues to protect its ability to monitor the spring flow. Mr. Brown stated that it was his understanding that the National Park Service has already commenced work at this site, and therefore there should not be too much concern about the state of the relationship between the District and National Park Service, as the National Park Service does not appear to care about the relationship. Mr. Christopher stated that District staff had been on site and has confirmed that the only clearing grubbing and demolition activity is preparation of the site only and not triggering the Districts jurisdiction. Upon vote, the motion to reconsider the earlier vote carried by a vote of 6-0.
It was moved by Manager Shekleton, seconded by Manager Keeley to table the permit application. Upon vote, the motion failed on a 3 to 3 vote.
It was moved by Manager Miller, seconded by Manager Casale to adopt the staff recommendation concerning the determination of the incidental nature of the wetland, and approve the permit application with the conditions recommended by staff. Upon vote, the motion failed on a 3 to 3 vote with Managers Miller, Shekleton, and Casale voting in favor and Managers Blixt, Calkins, and Keeley opposed.
Manager Calkins stated that he wanted to work with the National Park Service on their plans in a collaborative fashion, but was also very concerned with the precedent of the decision about the wetland. Manager Blixt stated that she wished that the National Park Service had a representative present at the meeting and that she was hopeful that there could be a reasonable solution. Manager Shekleton stating that it was for that purpose that he had suggested tableling the application to allow for such a meeting to occur.
Following discussion, it was moved by Manager Keeley, seconded by Manager Shekleton to reconsider the vote on the preceding motion. Upon vote, the motion carried by a vote of 6-0.
It was moved by Manager Shekleton, seconded by Manager Miller to adopt the staff recommendation. It was moved by Manager Blixt, seconded by Manager Shekleton to table this motion. Upon vote, the motion carried by a vote of 6-0.
It was moved by Manager Miller, seconded by Manager Blixt that the president appoint a committee to meet with the National Park Service prior to the next meeting. Ms. Susu Jeffrey asked whether the Friends of Coldwater Springs would be included in this meeting, and Manager Miller stated that it was not his intention that it would be a meeting subject to the open meeting law or include representatives of other parties. Upon vote, the motion carried by a vote a 6-0.
Cynthia Krieg Watershed Stewardship Fund Grant Applications
It was moved by Manager Miller, seconded by Manager Keeley to adopt resolution 11-119, as follows:
NOW, THEREFORE, BE IT RESOLVED, that the Minnehaha Creek Watershed District Board of Managers have considered the Citizen Advisory Committee recommendation and hereby authorize funding ten applications, pending compliance with district policies, for a total of $104,738, from the Cynthia Krieg Watershed Stewardship Fund Program as follows; and
|
Organization Name |
Requested |
Funded |
|
$15,000 |
$15,000 |
|
$23,800 |
$23,800 |
|
$12,788 |
$12,788 |
|
$24,008.11 |
$12,100 |
|
$25,000 |
$9,650 |
|
$24,000 |
$ 5,000 |
|
$4,600 |
$4,600 |
|
$10,000 |
$10,000 |
|
$30,000 |
$1,800 |
|
$10,000 |
$10,000 |
|
Total: |
$212,896.11 |
$104,738 |
Upon vote, the motion carried by a vote of 6-0.
Easement authorization for Metropolitan Council on MCWD Lake Street Properties, Hopkins
Mr. Evenson noted the letter from the Metropolitan Council committing to a revised plan that reflects an effort to maximize the opportunity to preserve the larger trees. Mr James Wisker stated that the Met Council staff had worked diligently to develop the alternative plan. Mr. Adam Gordon appeared on behalf of the Met Council and expressed his appreciation for this collaborative effort.
Following discussion, it was moved by Manager Miller, seconded by Manager Keeley, to adopt Resolution 11-120, as follows:
BE IT FUTHER RESOLVED, that the Board of Managers hereby authorizes the
District Administrator to execute the proposed temporary and permanent easements over MCWD properties located at PID 19-117-21-11-0079 (415 Blake Road, Hopkins), PID 19-117-21-11-0080 (1303 Lake St. NE., Hopkins), PID 19-117-21-11-0086 (1305 Lake St. NE., Hopkins); and to execute any related documents on advice of counsel as necessary to complete this easement transaction for purposes of allowing the MCES to perform the described work.
Upon vote, the motion carried 6-0.
Resolutions to adopt official newspaper, depository of funds, fee schedule, and meeting schedule for 2012
It was moved by Manager Miller, seconded by Manager Keeley, to adopt Resolutions 11-121, 11-122, 11-123, and 11-124 as follows:
BE IT RESOLVED, that the Minnehaha Creek Watershed District Board of Managers hereby names the Minneapolis Star Tribune as the Official Newspaper of the District.
BE IT RESOLVED, that the Minnehaha Creek Watershed District Board of Managers hereby names Beacon Bank of Excelsior as the 2012 official depository of District funds.
NOW, THEREFORE, BE IT RESOLVED, that the Minnehaha Creek Watershed District Board of Managers hereby approves the following 2012 fee schedule:
Recommended 2012 fees
District professional staff $ 57.74
District interns $ 36.44
District clerical staff $ 42.16
Consulting Senior Engineer $ contracted rate
Consulting Engineer/Technician $ contracted rate
District Counsel $ contracted rate
Application fee $ 10.00
B&W Copy costs (per 8½X 11 page) $ .25 + actual staff time Color copies (per 8½X11 page) $ 1.00 + actual staff time Audio tapes $ 20.00 each
Watershed Plan (Paper) $ cost of production
Watershed Plan CD N/A
Watershed Plan CIP N/A
District expenses for postage, mailing labels, contracted services, and other miscellaneous services will be billed at cost.
BE IT RESOLVED, that the Minnehaha Creek Watershed District Board of Managers hereby approves the following 2012 meeting schedule unless otherwise posted, Board Workshops and Board Meetings will start at 6:45 P.M.:
January 5, 2012 Planning and Projects Workshop
January 12, 2012 Operations and Programs Workshop
January 26, 2012 Board Meeting
February 2, 2012 Planning and Projects Workshop
February 90, 2012 Operations and Programs Workshop
February 23, 2012 Board Meeting
March 1, 2012 Planning and Projects Workshop
March 8, 2012 Operations and Programs Workshop
March 22, 2012 Board Meeting
April 5, 2012 Planning and Projects Workshop
April 12, 2012 Operations and Programs Workshop
April 26, 2012 Board Meeting
May 3, 2012 Planning and Projects Workshop
May 10, 2012 Operations and Programs Workshop
May 24, 2012 Board Meeting
June 7, 2012 Planning and Projects Workshop
June 14, 2012 Operations and Programs Workshop
June 24, 2012 Board Meeting
July 5, 2012 Planning and Projects Workshop
July 12, 2012 Operations and Programs Workshop
July 26, 2012 Board Meeting
August 2, 2012 Planning and Projects Workshop
August 9, 2012 Operations and Programs Workshop
August 23, 2012 Board Meeting
September 6, 2012 Planning and Projects Workshop
September 13, 2012 Operations and Programs Workshop
September 27, 2012 Board Meeting
October 4, 2012 Planning and Projects Workshop
October 11, 2012 Operations and Programs Workshop
October 25, 2012 Board Meeting
November 1, 2012 Planning and Projects Workshop
November 8, 2012 Operations and Programs Workshop
November 29, 2012 Board Meeting
December 6, 2012 Planning and Projects Workshop
December 13, 2012 Operations and Programs Workshop
December 20, 2012 Board Meeting
DISCUSSION ITEMS
Aquatic Invasive Species Management
Mr. Evenson presented a draft plan to address AIS issues in the coming year, and a draft statement of management goals. He indicated that there will be much more intensive process with stakeholders to develop these goals and plans further. The managers discussed the goals and plan and expressed their general support for the direction proposed by Mr. Evenson.
Planning for a Board Retreat
Mr. Evenson invited suggestions for issues the managers wish to address in a retreat. Suggestions included the governance policies, AIS goals, ecosystem management, drainage system management, regulation of agricultural tiling, land conservation, and funding options.
ADJOURNMENT
There being no further business, the meeting of the Board of Managers was adjourned at 10:58 p.m.
Respectfully submitted,
Lee Keeley, Secretary
