Minutes - Feb. 4, 2010




February 4, 2010


The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President Jim Calkins at 6:55 p.m. in the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota. 


James Calkins, Pamela Blixt, Lee Keeley, Richard Miller, Jeffrey Casale, Brian Shekleton, and Michael Klingelhutz.




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




Manager Miller requested that discussion of correspondence from Carver County and the City of Victoria be added as Agenda Items 10.4 and 10.5.  It was moved by Manager Keeley, seconded by Manager Blixt to approve the agenda with this change.  Upon vote, the motion carried.


Manager Casale requested that the minutes of January 28 be pulled from the Consent Agenda.  It was moved by Manager Klingelhutz, seconded by Manager Miller to approve the remaining items on the Consent Agenda, including the minutes of

January 21, 2010, and authorization to execute an agreement for Upper MCWD Lakes TMDL with the Minnesota Pollution Control Agency.  Upon vote, the motion carried


Property Search Task Force

Manager Miller reported that the Property Search Task Force met and completed its work on the request for proposals, including extensive review by staff and legal counsel.  Following discussion, it was moved by Manager Keeley, seconded by Manager Casale to affirm the release of the request for proposals.  Upon vote, the motion carried.

IT Committee

Manager Casale reported that the Committee is continuing its work on a pilot project using the SharePoint software.  Mr. Mandt is continuing to track this process and will work with legal counsel to assure that any concerns with the Data Practices Act and Open Meeting Laws are addressed.  

Rulemaking Task Force

Manager Casale noted that Managers Casale and Calkins met with Mr. Wisker to review comments received on proposed amendments to Rules D, E, and F.  Manager Calkins noted a recent article in the Lakeshore Weekly News which omitted reference to the extensive stakeholder involvement in the rulemaking process.  Mr. Wisker reported that he has followed up on the article and also discussed it with the contractor quoted in the article.  The managers requested that Mr. Wisker prepare a response to provide additional information about the District’s rulemaking process.

Legislative Committee

Manager Calkins reported that the Legislative Committee met to review the District’s legislative agenda, which will include authorization to issue administrative penalty orders; creation of tax incentives for investments in stormwater manager facilities; and authorization to regulate the use of herbicides in stormwater ponds.  The District will also explore issues relating to the State Historic Preservation Office process, and track any legislation on invasive species

Building Task Force

Manager Casale distributed a letter that he had prepared to Mr. John Gunyou at the City of Minnetonka to follow up on project development ideas for a District office on Minnetonka property within the Minnehaha Creek Corridor.

(Manager Shekleton arrived at this point in the meeting, 7:10 p.m.)

The Managers noted the upcoming meetings of committees and task forces:

Building Task Force: to be scheduled with the City of Minnetonka representatives;

Personnel Committee February 25, 6:45 p.m.

Citizen Advisory’s Committee February 25, 6:45 p.m.

IT Committee February 17, February 24, 5:00 p.m. at St. Louis Park City Hall.


Minutes of January 28, 2010

Manager Casale recommended revising the minutes on page 2, in the second paragraph under the discussion of stormwater requirements as follows:  “It was moved by Manager Miller, second by Manager Casale to develop work plan to partner with and assist entities with available large impervious surfaces to allow the District to install stormwater BMPs which serve the surrounding community.” 

Manager Calkins recommended that on page 4, the second paragraph of the discussion of governance policies be revised to read “to reaffirm all governance policies and mission statement….”

It was moved by Manager Klingelhutz, seconded by Manager Casale to approve the minutes of January 28 with these changes.  Upon vote, the motion carried.

Amendments to Rule G:  Waterbodies Crossings and Structures

Mr. James Wisker appeared before the Board of Managers and noted the most recent proposed amendments to Rule G that reflect public comments, specifically to provide additional flexibility in the sequencing of options to provide aquatic and upland wildlife passage, and also to provide for flexibility by waiving the requirements of the rule in cases where the applicant proposes a greater degree of resource protection. 

Mr. Smith noted several changes recommended for Resolution 10-015, specifically that the 5th  Whereas paragraph be revised to delete the references to Rule B, Rule C, and Rule E, and insert references to the proposed amendment to Rule G; that the first Resolving clause include language to make clear that the proposed amendment will be effective June 1, 2010; and that the Statement of Need and Reasonableness be updated to reflect the final adjustments to the rule  in response to comments.  It was moved by Manager Blixt, seconded by Manager Miller to adopt Resolution 10-015 with these changes recommended by legal counsel.  Upon vote, the motion carried.

Extension of Effective Date for Amendments to Rules B, C, and E

It was moved by Manager Blixt, seconded by Manager Keeley that the effective date for amendments to Rules B, C, and E be extended to June 1, 2010.  Upon vote, the motion carried.

Woodland Cove Development-Authorization to Hire Natural Resource Consultant

Mr. Mark Ten Eyck appeared before the Board of Managers and reviewed the revised request for board action identified as 9.3a in the meeting materials.  Manager Miller inquired about the coordination of this proposed work with the Land Conservation and Planning Departments.  Mr. Evenson and Mr. Ten Eyck explained that there are land conservation and regulatory elements involved and that the work will be coordinated efficiently.  Manager Casale recommended that the request for board action be clarified to reflect that both the Regulatory/Planning staff and the Land Conservation Program staff recommend this proposal.     It was moved by Manager Miller, seconded by Manager Blixt to adopt Resolution 10-016.  Manager Klingelhutz asked whether the City of Minnetrista had been included in these activities.  Mr. Ten Eyck explained that there has been close communication with the City of Minnetrista in this matter.  Manager Klingelhutz recommended that the consultant’s deliverables include communication with the City in this process.  Upon vote, the motion carried.  


Research Grant Interim Report

Dr. Udai Singh appeared before the Board of Managers and reviewed the joint watershed research grant project interim report.  The Managers thanked Dr. Singh for his work on this project.

Open Meeting Law Update

Mr. Smith noted that several managers had attended the recent meeting of the Metropolitan Chapter of the Minnesota Association of Watershed Districts where there was a presentation about the open meeting law and email communications, and had requested that he present this same information to the Board of Managers.  Mr. Smith noted that this was a review of a memorandum and discussion at the meeting of September 17, 2009 concerning the same subject.  The Managers thanked Mr. Smith for these ongoing briefings on the open meeting law. 

Mr. Evenson noted the requirements for noticing special meetings, including providing notice on the principal bulletin board.  It was moved by Manager Miller, seconded by Manager Shekleton to provide notices of all District meetings on the District’s website as an additional place for such notices to be posted.  Upon vote, the motion carried.

Minnehaha Creek Watershed District History

Mr. Smith noted that at a District staff retreat he had provided a brief summary of the history of the District, and reviewed this information for the Managers.

Carver County Correspondence

The managers noted the letter from Carver County Commissioner Randy Maluchnik advising that the District is subject to the Open Meeting Law.  It was moved by Manager Miller, seconded by Manager Blixt to direct the attorney to prepare and send a letter to Commissioner Maluchnik indicating that the District is fully aware that it is subject to the open meeting law, and that if there is any specific concern or issue, that it be brought to the District’s attention immediately.  Upon vote, the motion carried.

Joint Meeting with City of Victoria

The managers referred to a letter from Mayor Mary Hershberger Thun of the City of Victoria dated January 21, 2010 proposing a joint meeting with the Victoria City Council. The managers discussed planning for an effective meeting, which will be on March 3.  Mr. Evenson stated that he would gather background information and prepare a letter to the City of Victoria to share that information prior to the meeting.

New Business

Manager Casale noted the article about the Minnehaha Glen project in the Star Tribune on January 31.  The managers discussed the history of the project and lessons learned, and also expressed the desire that the outstanding issues be resolved as soon as possible.  Manager Klingelhutz inquired about the legal budget and legal expenses for this project, noting that it would be helpful to have an itemized accounting in the event there are any further questions.  Mr. Smith stated that he would be pleased to provide that accounting to the Board.  It was moved by Manager Klingelhutz, seconded by Manager Miller to request that the attorney prepare an itemized accounting of legal fees for the Minnehaha Glen project.  Upon vote, the motion carried.


There being no further business, the regular meeting of the Minnehaha Creek Watershed District Board of Managers adjourned at 10:40 p.m.

Respectfully submitted,

Lee Keeley, Secretary