MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

January 27, 2011

CALL TO ORDER

The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President James Calkins at 6:50 p.m. at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota. 

MANAGERS PRESENT

James Calkins, Lee Keeley, Richard Miller, Pam Blixt, Jeff Casale, Brian Shekleton, William Olson.   

MANAGERS ABSENT

None.

OTHERS PRESENT

Eric Evenson, District Administrator; James Wisker, District Planner/Program Coordinator;  Renae Clark, Projects Manager; Udai Singh, District Water Quality Specialist; Becky Houdek, District Planner Specialist; Michael Panzer, District Engineer; Chuck Holtman, District Counsel.

CITIZENS COMMENT

None.  

APPROVAL OF AGENDA

It was moved by Manager Miller, seconded by Manager Blixt to approve the agenda with the deletion of Item 12.2, potential property sale in Minnetrista, and movement of Item 7.5, 427-429 Blake Road demolition contract award, to the regular agenda.  Upon vote, the motion carried 6-0.

CONSENT AGENDA

It was moved by Manager Casale, seconded by Manager Keeley to approve the consent agenda, with the exception of the December 16, 2010 minutes, consisting of the minutes of January 6 and January 13, 2011; checking, petty cash and surety registers; feasibility study contracts for Parley Lake internal load, LM-regional volume control and Minnehaha Creek Reach 14 restoration; Minnesota Waters lake management plan contract; findings for Jennings Bay improvement project “Phase I” Highway 26 wetland restoration; dewatering change order for Minnehaha Creek channel repair; hiring HLB Tautges Redpath to conduct audit; distribution of proposed stormwater management and administrative rules for public comment; and Pierson Lake Management Plan informational item.   Upon vote, the motion carried 6-0.

REGULAR AGENDA

Board Officer Elections

This agenda item was postponed until arrival of Manager Shekleton.

Manager Calkins reported that Managers Blixt and Miller will chair the February Board workshop meetings.

Updates

Mr. Evenson reported that Telly Mamayek has been hired as the new communications program manager.  He expects the paperwork to be completed tomorrow and Ms. Mamayek will start in two or three weeks.

Upcoming Committee and Task Force Meeting Schedule

Manager Casale noted that the IT Committee meeting listed on the agenda has been postponed and will be rescheduled.  Mr. Evenson reported that the Personnel Committee will meet shortly to interview candidates for the education program manager position.  He also noted that he and Manager Casale will attend the City of Lakes banquet on February 2.

December 16, 2010 Minutes

It was moved by Manager Keeley, seconded by Manager Olson to approve the minutes with a revision to the first paragraph on page eight to read as follows:  “Managers Blixt and Keeley requested that….”  Upon vote, the motion carried 6-0.

­Site Demolition Contract Award, 427-429 Blake Road, 415 Blake Road, 1303 and 1305 Lake Street NE, Hopkins

Ms. Clark reported on the bid solicitation and opening and presented staff’s recommendation to award the contract to Landwehr Construction, Inc., as the lowest responsive and responsible bidder.  It was moved by Manager Miller, seconded by Manager Keeley to adopt Resolution 11-007 in accordance with staff’s recommendation.   Manager Casale asked whether the District has worked with Landwehr.  Mr. Panzer replied that the company has been around for a while and that he has worked with it, but that he does not believes the District has done so.  He stated that he has not had any problems working with the company. 

Manager Blixt asked whether the demolition would allow for materials recycling.  Ms. Clark replied that she talked with City of Minnetonka staff who are familiar with coordinating for recycling and pursued the contact that was given, but that the firm in question is not available at this time.  She stated that in light of the importance of removing the buildings at the earliest time, the District is going forward without further materials recycling attempts.  Upon vote, the motion carried 6-0. 

Appointment of Citizens’ Advisory Committee 

Mr. Wisker noted for the Board that of the 13 Citizens’ Advisory Committee (CAC) members, all wish reappointment except for Tony Goldenstein, who has moved.  In addition, the District received 11 applications for three available places.  Staff recommends that the Board reappoint the existing 12 members and that further appointments be postponed for a week to allow for Board members to complete review of applications.

Manager Keeley remarked that Larry Blackstad only attended two CAC meetings in 2010.  She offered that he is a valued member but that if he will not be attending, the space should be afforded to another member.

The Board discussed the applicants.  Manager Keeley remarked that next year, she would appreciate more information on the interest areas and professional involvements of CAC members and applicants to help the Board insure balance and representation among the various groups with interest in water resource matters.  Manager Blixt remarked that most CAC members are from the upper watershed and that geographic balance would be useful as well.

Manager Shekleton arrived at this time, 7:30 p.m.

It was moved by Manager Keeley, seconded by Manager Casale that the Board reappoint the 12 existing members; appoint in addition Sylvia Carlson, Brian Grogan, Patty Acomb and Richard Siakel; designate Mr. Blackstad as an alternate; and appoint the remaining new applicants as alternates, as they may choose to accept.  Upon vote, the motion carried 7-0.

Aquatic Invasive Species Action Plan

Mr. Evenson reviewed the recent Board discussion held following receipt of the Minnesota Board of Water and Soil Resources (BWSR) letter stating that the District does not need a plan amendment to proceed with a rulemaking but that BWSR would consider the rest of the proposed plan amendment to be a major amendment.  Mr. Evenson is concerned that the normal time to conduct a rulemaking would delay necessary activity to address AIS.  He is suggesting that rules for a “Red Lake-Green Lake” program be developed this spring on an expedited basis to be applied as a pilot program on lakes where there is willingness to do so.  This experience would contribute to development of a broadly applicable rule through a more deliberative rulemaking process for application in 2012.  Mr. Evenson then reviewed a list of AIS found in Minnesota and AIS-related programs and projects in which the District has been involved.

Mr. Evenson presented a staff recommendation to: (a) continue to support state-wide legislation to control AIS; (b) introduce a pilot inspection certification program by rule in 2011; (c) implement a public education campaign in 2011; and (d) continue ongoing research and investigation, for which funds have been budgeted this year.  He further suggested that if a rulemaking proceeds, a rulemaking task force include representatives of Lake Minnetonka Conservation District (LMCD), Three Rivers Park District (TRPD) and Minneapolis Park and Recreation (MPRB) boards, and broader involvement of stakeholders such as lake associations, elected city officials, environmental and business representatives, CAC members and others.  He also would suggest an agency advisory panel including local and state governmental representatives, including the Minnesota Department of Natural Resources, LMCD, BWSR, MPRB, and TRPD, as well as representatives from Minnesota Waters and similar groups.  

Managers Miller and Blixt urged strongly that the District secure support from cities on the lake before it invests priority resources and moves forward.  Managers Shekleton and Miller suggested that the District request a resolution from each city council.

Manager Casale noted the need to communicate to cities and other stakeholders that before the District can proceed in any respect, it must amend its plan and/or conduct a rulemaking process.  He said there is a misunderstanding that the District already is undertaking activities that cannot proceed before these processes are conducted.  He concurred that District action should rest on the cities’ request.  He also emphasized talking with key people such as mayors before they receive a letter, in order to prepare them and ensure they understand that all mayors are being contacted in the same matter.

Mr. Evenson recognized the worth of these positions, but noted the need to balance against expeditious action.  He suggested it may take months to inform and obtain resolutions, during which time the District at least could proceed toward a pilot inspection certification program. 

Manager Calkins noted that any rule that is first developed would be a proposed rule and that this needs to be made clear.  Manager Shekleton suggested that the draft nature of a rule quickly would be lost and controversy would be likely to ensue.  He agreed that the District should not proceed until it has the buy-in of a significant proportion of mayors and city councils.  Manager Olson agreed that mayors’ support should be sought with a “call to action.” 

Manager Calkins asked whether the Board is prepared to proceed if there is less than 100 percent support from the cities.  Manager Olson suggested that a 100-percent majority is not necessary and that the mission is critical.  Manager Casale said that he does not need to see 100-percent support if there is substantial buy-in before any rules are presented.  Manager Blixt concurred that 100 percent is not needed, but she would want to understand where support does and does not come from.  Manager Miller stated that it is important to be prepared, but that the District should not move forward decisively until it has a sufficient group of mayors in support.  Manager Shekleton concurred with Manager Blixt that it is important to assess where support may be lacking.

Manager Casale urged that the District also secure participation by Hennepin County Commissioners Callison and Johnson and State Senator Olson. 

Manager Calkins agreed that the issue of support is important, but added the need to act quickly.  He suggested that a letter be sent to all mayors and city managers as well as other important stakeholders, with a copy to legislators and county board members, stating that the District prefers state-wide action but that absent such action there is a need for it to act in light of the consequences of not doing so.  The letter also should reflect that the program will concern not only zebra mussels but other AIS as well.  It should not commit the District to specific program elements, but should provide the foundation for a strong effort by the District.  Manager Calkins further suggested that recipients be invited to seek further discussion and the letter should ask for a sufficient statement of support from each city within a specified time frame.

Manager Keeley noted that letters, however clearly written, are misunderstood.  She suggested that District representatives appear at the LMCD and also determine what influence the Lake Minnetonka Association (LMA) has with the cities.  Manager Calkins agreed that the District should work through the LMCD.

Manager Olson suggested that he, Mr. Evenson and an LMA representative could schedule breakfast meetings with mayors three or four at a time.  The important thing is to present a team that represents the communities around the lake.  Manager Casale concurred in this idea.  He suggested that the letter described by Manager Calkins be sent after the meeting as a confirmation of what the mayors already would have learned at the meeting.  Manager Shekleton suggested that through these meetings, the District could educate and gauge support.  The followup letter then could reflect what the District has learned.

Manager Miller agreed with Manager Casale’s suggestion to seek the engagement of Senator Olson, other legislators and county commissioners.  There was a question as to whether political officials would commit to a position, but Manager Casale believes that regardless, they will participate in the process.  Manager Shekleton suggested that mayors and city councils need to express support up front, but it is sufficient for legislators and county board members simply to be engaged and aware.

Manager Calkins emphasized transparency and the importance of all mayors knowing of the District’s undertaking at the same time.  Manager Blixt suggested that instead of smaller group lunches, the District schedule three lunch meetings and invite mayors and city council members to attend.  Manager Calkins concurred in this idea. 

Manager Casale does not like the idea of a letter.  He believes direct communication is better and that engaging in direct communications in person does not undermine transparency.  Manager Olson supports Manager Blixt’s meeting concept followed by a letter reflecting that the District wishes to take direction from the cities.

Managers Casale and Shekleton recommended that Himle Horner be involved in preparing the letter.  Manager Olson requested that managers have an opportunity to review a draft. 

Mr. Evenson again emphasized that this process does not fit with beginning action this year.  Manager Calkins replied that the District still could initiate voluntary programs through lake associations.

It was moved by Manager Olson that staff arrange for three meetings across the District before March 1, inviting mayors, city council members and city administrators to discuss the District’s role in AIS control.  The motion failed for lack of a second.

Managers Shekleton and Olson suggested that the letter summarize what the District has heard from the meetings and if enough support has been heard, should ask for a resolution of support from each city.  The letter also should include a sample resolution.  Manager Calkins urged that MPRB and TRPD representatives, as well as legislators and county commissioners, also be invited to attend the lunch event.  Manager Olson expressed a concern to keep the initial focus on informing and gaining the support of cities.  He suggested that others can be copied as a courtesy but that the invitation be extended to the cities only.  Manager Calkins agreed.  Manager Shekleton emphasized that the initial action would be to gauge where the cities are, in which case it would be sufficient to invite mayors and potentially city council members.  Manager Keeley clarified that this should involve all mayors within the District and not just those from cities on Lake Minnetonka.

It was moved by Manager Miller, seconded by Manager Keeley to direct staff to develop a plan to obtain a resolution of support for an AIS program from each city, in accordance with the Board’s guidance. 

Manager Shekleton emphasized again that he prefers a statewide action.  Manager Olson replied that whatever work the District now does ultimately will help a state effort.  Manager Shekleton remarked that DNR staff would be eager to proceed with a strong program, but that the agency is facing a substantial budget cut. 

Manager Calkins stated that in his view, AIS is a priority for the District at this time and affects all other programs.  Manager Shekleton noted that a program limited to the watershed only works if the District can keep contaminated boats from entering its lakes from outside the District, for which he doubted the District has the political capacity.  Manager Keeley asked whether staff would have adequate resources to proceed with the program if there is heavy flooding this spring or other urgent matters.  Mr. Evenson replied that as always, staff will perform triage as circumstances require.  He noted that staff is already meeting with cities to prepare for spring snowmelt and flooding issues.

It was moved by Manager Casale to table the instant motion.  The motion to table failed for lack of a second. 

It was moved by Manager Shekleton, seconded by Manager Casale to amend the main motion by replacing it with Manager Olson’s prior failed motion.  Upon vote, the motion carried 7-0.  Upon vote, the main motion as amended carried 7-0.

Mr. Evenson noted the draft Attorney General opinion request letter in the Board packet.  He reminded the Board that it previously had asked that this letter be sent.  The Board concurred in the sending of the letter, noting that regardless of if and when the District proceeds with a rulemaking, it is important to know whether the Attorney General believes that watershed districts have the regulatory authority in question.

Dick Osgood appeared and addressed the Board.  He emphasized the need for urgent action.  Responding to Manager Miller, Mr. Osgood stated that the LMA Board has supplied a letter of support for action.  He stated he would be happy to obtain a more formal resolution.  Manager Olson commented that the LMCD also is working on a resolution. 

Board Officer Elections (continued)

Manager Keeley nominated Manager Calkins as a candidate for President.   It was moved by Manager Shekleton, seconded by Manager Olson to close nominations.  Upon vote, the motion carried 7-0.  By unanimous vote, Manager Calkins was elected to serve as President.

Manager Casale nominated Manager Shekleton as a candidate for Vice President.  It was moved by Manager Miller, seconded by Manager Shekleton to close nominations.  Upon vote, the motion carried 7-0. By unanimous vote, Manager Shekleton was elected to serve as Vice President.

Manager Keeley nominated Manager Miller as a candidate for Treasurer.  It was moved by Manager Casale, seconded by Manager Shekleton to close nominations.  Upon vote, the motion carried 7-0.  By unanimous vote, Manager Miller was elected to serve as Treasurer.

Manager Shekleton nominated Manager Keeley as a candidate for Secretary.  It was moved by Manager Miller, seconded by Manager Shekleton to close nominations.  Upon vote, the motion carried 7-0.  By unanimous vote, Manager Keeley was elected to serve as Secretary.

Manager Calkins said he is preparing proposed committee assignments.

CLOSED SESSION – OFFERS TO PURCHASE PROPERTY

Manager Calkins announced that the Board would convene in close session to develop an offer to purchase property at 3385 County Road 24, Medina.  The Board convened in closed session.

The Board reconvened in opened session.

Manager Calkins announced that the Board would reconvene in closed session to develop an offer to purchase property at 7901 and 8015 Halsted Drive, Minnetrista.  The Board reconvened in closed session.

The Board reconvened in open session.

OTHER MATTERS

Manager Blixt instructed Mr. Evenson that at least one Board member be present for each AIS listening session being scheduled.

Mr. Evenson noted that Ms. Clark earlier updated the Board on the work in Minnehaha Glen.  He emphasized that exactly what Mr. Panzer indicated two years ago would occur has occurred, and that the creek bed elevation at this point actually is below the elevation of the new footings.  Mr. Panzer added that the contractor’s goal is to finish the grade control work within about two weeks.

Mr. Evenson further noted that he and Manager Keeley have talked with City of Plymouth representatives and Manager Olson has met with City of Victoria representatives concerning ongoing communications and related issues between the organizations.

ADJOURNMENT

There being no further business, the regular meeting of the Minnehaha Creek Watershed District Board of Managers was adjourned at 10:15 p.m.

Respectfully submitted,

Lee Keeley, Secretary