MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

December 17, 2009

CALL TO ORDER

The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order at 6:58 p.m. by President James Calkins at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota. 

MANAGERS PRESENT

James Calkins, Pam Blixt, Lee Keeley, Richard Miller, Jeff Casale, Michael Klingelhutz, and Brian Shekleton.

MANAGER ABSENT

None.

OTHERS PRESENT

Eric Evenson, District Administrator; James Wisker, District Planner/Program Manager; Nat Kale, District Planner/GIS Specialist; Mark Ten Eyck, District Land Conservation Program Manager; David Mandt, Operations Manager; Steve Christopher, District Regulatory Program Manager; Michael Panzer, District Consulting Engineer; and Louis Smith, District Counsel.

MATTERS FROM THE FLOOR

None.

APPROVAL OF AGENDA

It was moved by Manager Shekleton, seconded by Manager Keeley to approve the agenda as distributed.   Upon vote, the motion carried.

Mr. Evenson introduced a new intern with the District, Ms. Catherine Bach.  The Board of Managers welcomed Ms. Bach to the District.

CONSENT AGENDA

Mr. Evenson requested pulling Item 6.1 of the check register from the Consent Agenda.  Manager Klingelhutz requested pulling Item 7.6, Agreement with Smith Partners, from the Consent Agenda.  It was moved by Manager Keeley, seconded by Manager Shekleton to approve the remaining items on the Consent Agenda.  Upon vote, the motion carried.

COMMITTEE AND TASK FORCE REPORTS

 

Tech Committee

Manager Shekleton reported that the Tech Committee has reviewed a request for proposals for website work, and is currently testing the Share-point software. 

 

Citizens Advisory Committee

Manager Keeley reported that the Citizens Advisory Committee performed an excellent review of the Cynthia Krieg Grant Applications.  (Manager Casale arrived at this point in the meeting, 7:08 p.m.)  Manager Miller commented that he attended the CAC meeting and was impressed with the thoroughness of their review of the grant applications.  The managers designated Manager Shekleton to attend the CAC in January; Manager Klingelhutz in February; and Manager Casale in March.

Mr. Evenson reported that there will be a Legislative Committee meeting on January 13 at 5:30 p.m.

Permits

09-306, DM and RS Jewish Community Education Foundation

Mr. Steve Christopher appeared before the Board of Managers and reviewed the permit application.  He recommended two additional conditions for approval:  1)  Construction, except for installation of the culvert and base materials, may not commence until approval of the lot reconfiguration is granted, and the culvert and base materials must be removed if approval is not secured during the term of the District permit; and 2)  a deed notation must be filed and recorded, after review and approval by District staff, on the southern property, citing this permit as providing for access to the building site and stating that no additional impact on the wetland or wetland buffer established hereunder may be caused for purposes of construction on or access to the lot. 

Upon request from Manager Blixt, Mr. Christopher explained the MESBOA principles.  Upon request from Manager Klingelhutz, Mr. Christopher reviewed the site conditions and acknowledged that no stakes had been placed on site, Manager Calkins asked whether it would be possible for a large box culvert to span the entire width of the wetland at the crossing, and thereby provide for less impact than a 12 inch culvert and fill.  Mr. Panzer explained that a large box culvert would likely incur significantly greater cost, but that an arch bottomless culvert would be similar in cost to the proposal under consideration.  Following discussion, it was moved by Manager Blixt, seconded by Manager Miller to approve the permit application with the conditions recommended by staff, and the additional condition that an arch culvert be used in a size that is as large as practical.  Upon vote, the motion carried. 

Check Register

Mr. Evenson requested that check number 29557 in the amount of $1,686.80 be inserted for approval, as it was inadvertently omitted.  It was moved by Manager Blixt, seconded by Manager Keeley to approve the check register with this addition, including check numbers 29491 through 29556.  Upon vote, the motion carried.

Conservation Corridors Project

Manager Klingelhutz requested further explanation of the purpose of the project, the deliverables, and the scope of work including the financial obligation of the District.  Mr. Evenson reviewed the project purpose, scope, and deliverables.  Mr. Smith explained that the total financial contribution from the District would be $5,000.00.  Following discussion, it was moved by Manager Miller, seconded by Manager Keeley to approve Resolution 09-134, approving the District to serve as fiscal agent and authorization to enter into an agreement with Smith Partners to serve as project sponsor for a conservation corridor publication.  Upon vote, the motion carried, with Manager Klingelhutz abstaining. 

Cynthia Krieg Stewardship Grants

Ms. Julie Westerlund appeared before the Board of Managers and noted that a revised staff report and request for board action had been distributed at the meeting.  Ms. Westerlund provided a general review of the grant applications and recommendations from the Citizens Advisory Committee.  Following discussion, it was moved by Manager Shekleton, seconded by Manager Klingelhutz to approve the grant applications as recommended by staff and the Citizens Advisory Committee.  Upon vote, the motion carried.

Manager Keeley noted the grants to the Metro Blooms projects and asked whether the District should consider funding such projects in a separate category.  Manager Miller stated that he felt these projects should continue to be considered in a competitive process under the Cynthia Krieg Grant program.  Mr. Evenson noted that this issue could be considered by the Board of Managers for the annual budget.

Minnetonka Beach and Lafayette Club Shoreline Buffer Project

Mr. Nat Kale appeared before the Board of Managers and reviewed the request to authorize funding in the amount of $6,627.00 for buffer work along two lengths of the shoreline pursuant to the streambank shoreline stabilization grant program, and to authorize the District administrator to execute and sign an agreement with the Lafayette Club and the City of Minnetonka Beach.  Manager Calkins asked why the buffer was as narrow as 6-8 feet at points and whether it could be any wider.  Mr. Kale explained that this was the Club’s preference for the site.  Manager Miller noted the value of this demonstration as a very visible site to illustrate shoreline buffer stabilization.  Manager Calkins stated his hope was that the demonstration would show a model with a wider buffer.  Manager Casale stated that he felt that the benefit was simply to show an alternative buffer of what-ever width to promote voluntary adoption along the Lake Minnetonka shoreline by private property owners.  Following discussion, it was moved by Manager Miller, seconded by Manager Keeley to approve Resolution 09-126.  Upon vote, the motion carried. 

 

Manager Casale stated that he was concerned that there be review by the Board of Managers of the educational materials used at the site.  Mr. Smith pointed out that paragraph 4 of the proposed agreement provides for the MCWD’s review and approval of all signage, informational, and educational materials.  It was moved by Manager Casale, seconded by Manager Miller to reconsider the motion to approve Resolution 09-126.  Upon vote, the motion carried.

Manager Casale stated that he wanted to have review and approval of this signage before the funding is released for the project, and have the agreement clarified in this respect.  It was moved by Manager Casale, seconded by Manager Miller to approve Resolution 09-126 with this additional condition in the agreement.  Upon vote, the motion carried. 

Administrator’s Report

Mr. Evenson reviewed his written Administrator’s Report and noted a change of the Legislative Committee meeting to 6:30 p.m. on January 13. 

Land Conservation Program Audit and Policy Discussion

Mr. Evenson noted that the staff had gathered policy questions from the Board of Managers in order to perform this program audit.  The report in the meeting materials provides the staff responses to these questions.  Mr. Mark Ten Eyck appeared before the Board of Managers and noted an updated financial summary for the land conservation program would be provided at a later date.  He noted that in particular the staff is interested in reviewing issues concerning the urban creek corridor and property management plans in this policy discussion.  

Priority Acquisition Areas

Mr. Ten Eyck invited the managers’ discussion of the priority acquisition areas.  Manager Casale stated that he felt more detail should be provided on these priority areas.  Manager Klingelhutz asked whether a different scoring system would be appropriate for the urban corridor, and Manager Miller noted that his impression that the Technical Committee focuses its attention more on the preserve areas in the District. 

Mr. Evenson noted that the staff is working on revisions to the scoring system and also working on a creek corridor plan.  Manager Calkins stated that he wanted the District to be clear on its target areas and rationale for its priorities. 

Mr. Ten Eyck reviewed the background of the development of the conservation plan and priorities.  He noted that the four target areas were selected based on the greatest possible impact for water quality and natural resource considerations and the likely availability of land for purchase.  He noted that the four target areas had been approved by the Board of Managers on January 29, 2009.  Manager Miller noted that there is a current window of opportunity with low interest rates and distressed landowners that should be considered as we develop the program.  Manager Shekleton and Manager Casale suggested the possibility of using outside broker consultants to pursue more potential land conservation transactions.  Mr. Ten Eyck responded that this was an excellent idea and he could pursue the development of a proposal for the Board’s consideration.

Following discussion, it was moved by Manager Blixt, seconded by Manager Miller to affirm the Macrosites as follows:  1)  Gray’s Bay Complex; 2) Halsted Bay Complex; 3) Painter Creek Complex; and 4) School Lake Complex; and to add 5) Urban Creek Corridor; along with the designated four Target Areas as follows:  1) Painter Creek; 2) Dutch Lake: 3) Wasserman Lake Areas; 4) Urban Creek Corridor (within Hopkins, St. Louis Park and Minnetonka).  Upon vote, the motion carried. 

Disposal of District Lands

Manager Miller stated that he did not feel the District should rush to disposal of land parcels that it has acquired for conservation purposes, it is better to hold on to them.  Manager Calkins added that it is important to be strategic with the District’s acquisitions, to be clear on objectives for the acquisition, and be aware of disposition scenarios in this regard.

Manager Blixt stated that she felt that the existing policy should be clarified.  It was moved by Manager Blixt, seconded by Manager Miller to amend the first paragraph of the Board Policy on Disposition of District Land as follows:

POLICY:

It is the policy of the Minnehaha Creek Watershed District that dispositions of all developable lands owned by the District provide the municipality within which the property is located with the first opportunity to purchase the land at its appraised value, for public use, consistent with the District’s conservation goals.  If the municipality has no such interest, the District shall follow a robust and open process which seeks to;  

1.      ensure that the District’s overriding conservation goals are paramount in the structure of the transaction and any related conservation easements or other agreements that the District may require:, and to:

2.      1.  maximize opportunities for all interested parties to compete to acquire the  property;

3.      2.  obtain the best price reasonably possible, including consideration of the effects of terms and contingencies on price and value to the District; and

4.      3.  ensure that the price and other relevant terms are at least as much as indicated in a District appraisal.

Upon vote, the motion carried.

Manager Calkins stated that he felt that conservation easements should be the preferred real estate interest acquired by the District.  Manager Miller stated that he felt it was important to be flexible and to handle this issue on a case-by-case basis.   Manager Casale stated that he felt that the District should manage easements and fee title interests in the same manner.  Mr. Ten Eyck stated that he felt that the District’s documents are neutral on this question.  Manager Calkins stated that he felt that they were not neutral, but that the most important thing is that the District’s vision and goals for the property be clear at the time of purchase.    

 

Proposal for Real Estate Consultant

 

The managers returned to the earlier suggestion of retaining a real estate broker or consultant to assist in identifying appropriate transactions for the land conservation program.  Following discussion, it was moved by Manager Calkins, seconded by Manager Shekleton to establish a Task Force (comprised of Manager Miller, Task Force Chair; Manager Casale; and Manager Klingelhutz) to work with the staff to develop a proposal to retain a consultant to pursue real estate opportunities aggressively in order to take advantage of the current opportunities.  Upon vote, the motion carried.

 

Cooperation Among Other Entities

Manager Klingelhutz noted that he felt that the City of Victoria has not been supportive of the land conservation program and feels that the District is encroaching upon the City’s control of its density of land use.  Manager Casale commented that he felt that some of these issues reflect a natural tension around the land conservation program.  The managers noted that it was important to continue to work with each municipality in a cooperative manner to pursue the sound management of natural resources, land conservation, and land use planning as led by the cities.  Mr. Ten Eyck also noted previous efforts to reach out to cities to inform them about the land conservation program.

Funding of the Land Conservation Program

Manager Klingelhutz noted the need to articulate the purpose of the land conservation program, and to provide appropriate education and outreach within subwatershed areas and target areas in order to provide good information about the program’s objectives. 

New Business

Manager Calkins noted that there would a District holiday gathering on January 15, 2010.

 

ADJOURNMENT

There being no further business, the regular meeting of the Minnehaha Creek Watershed District Board of Managers adjourned at 11:03 p.m.

Respectfully submitted,

Lee Keeley, Secretary