MINUTES OF THE WORKSHOP MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

January 12, 2012

CALL TO ORDER

The workshop meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by Manager Richard Miller at 7:12 p.m. at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota. 

MANAGERS PRESENT

James Calkins, Brian Shekleton, Lee Keeley, Richard Miller, Pamela Blixt, Jeffrey Casale and William Olson.

MANAGERS ABSENT

None. 

OTHERS PRESENT

Eric Evenson, District Administrator; David Mandt, Directors of Operations and Programs; Steve Christopher, Regulatory Program Manager; Catherine Bach, District Technician/Wetland Specialist; Joe Barten, Cost Share Specialist; Michael Panzer, District Consulting Engineer; Mike Welch, Assistant District Counsel.

MATTERS FROM THE FLOOR

None.

INTRODUCTION OF NEW STAFF

Mr. Christopher introduced Rachel Stangle, an intern with the District Regulatory Department.  The managers welcomed Ms. Stangle to the staff.

APPROVAL OF AGENDA

Manager Shekleton notes that there are a number of attendees interested in the review of District permit 11-313 and Wetland Conservation Act approvals related to National NPS (NPS) work at Camp Coldwater and suggested that the item be moved to the first item on the agenda.  Manager Keeley moved, seconded by Manager Miller, to approve the agenda as amended.  Upon vote, the motion carried. 

BOARD ACTION ITEMS

Permit 11-313 and Wetland Conservation Act Review – National NPS-Camp Coldwater

Mr. Christopher appeared before the Board and summarized the discussion of the NPS application for work at Camp Coldwater.  Mr. Christopher introduced John Anfinson and Alan Fenger from the NPS. 

Mr. Christopher explained that staff reviewed the request for a WCA determination from the NPS and determined that the proposed impacts on wetland F at the property are subject to a no-loss determination and that wetland A, which will also be affected by the NPS planned work, is an incidental wetland that is exempt from or not subject to regulation under the WCA.  Mr. Christopher explained that at the December 15 the Board determined meeting to review the matter, effectively appealing the staff decision of November 21, 2011. 

Mr. Christopher summarized the discussion from the ad hoc subcommittee meeting that preceded the Board meeting.  He said that the NPS described its plans for monitoring flow from the springs on the property and that the NPS presented additional information in the form of historic maps and photos supporting the wetland A incidental determination.  The NPS also described its plans to establish a new wetland in the location of the former Building 9 at the property, which the NPS has demolished.  NPS staff also described the status of its funding and plans for redevelopment of the park and improvement of park features, and described the reconnaissance it has undertaken with regard to the status of wetland A to confirm that the wetland was created by activities undertaken for some purpose other than wetland creation.  In response to a question from Manager Casale, Mr. Christopher and Catherine Bach confirmed that staff did not find that the slope above the bank created for construction of a railroad some time ago was wet, and did not find that it displayed all three conditions necessary for a wetland. 

Mr. Christopher reviewed the photos, map and background information that staff used to make the incidental wetland determination. 

Manager Blixt expressed her support for the NPS work to restore and improve Camp Coldwater.  She expressed interest in finding a cooperative path to move forward within the regulatory framework to allow NPS to achieve its goals for the project.  Manager Shekleton moved, seconded by Manager Miller, to remove from the table the approval of the no-loss determination for the impact to wetland F,the incidental wetland determination for wetland A and District permit 11-313 for erosion and sediment control, conditioned on NPS implementing a plan to monitor flow from the Camp Coldwater springs, from the table from the meeting of December 29, 2011. Upon vote, the motion passed.  In response to questions from the managers, Mr. Christopher explained that a determination by the Board that wetland A is not incidental would require replacement of impacts to wetland A, as well as analysis of all the wetlands on the property and application of appropriate buffer requirements. 

Manager Blixt stated that she appreciated the NPS offer to create additional new wetland on the property.  Mr. Anfinson stated that the wetland could be created in association with the permitted work. The managers further discussed the application of buffer requirements to the wetland on the property.  Mr. Christopher explained that the maximum buffer imposed by the District would be 75 feet for preserved wetland.  He added, though, that the wetlands on site have not been assessed to establish their classification under the District buffer classifications. Mr. Fenger explained that little would be gained by adding buffers, given that the area will be maintained as a park with a largely native landscape.  Mr. Fenger added that the NPS stands by the staff decision on the matter and will impose and will implement buffer around the wetland that it has created at the former building 9 site.  In response to a question from Manager Calkins, Mr. Welch clarified that the buffer requirements would be imposed through the District rules and permitting authority, separate from its authority as the LGU for WCA.  Manager Casale stated that he believes that staff determination of the incidental status is well supported in the record.  Manager Blixt moved, seconded by Manager Shekleton, to amend the approval with a condition that the establishment of an additional wetland of approximately 17,999 at the former Building 9 square feet be added to the plans. 

Mr. Anfinson restated that the NPS plans called for natural resources restoration of the area, including prairie and oak savannah with some mowed areas.  Mr. Fenger emphasized that the procedural requirements around complying with completing and seeking approval of a separate wetland replacement plan from the District would cause delay in the project and possibly additional costs.  Ms. Bach stated that the property is publicly owned, so if the buffer requirements apply, the property would be subjected to a written agreement requiring that there be no mowing in the buffer areas and that these requirements would be perpetual.  Upon vote, the motion to amend the approval carried. 

Manager Calkins clarified that the main motion is to approve the staff recommendation from the meeting of December 29, as has been amended.  Upon vote, the motion carried.  In response to statements of NPS staff, Manager Blixt suggested that District staff could assist in the establishment of the appropriate type of wetland for the conditions at the site of the former Building 9.  Manager Blixt moved, seconded by Manager Calkins, to direct staff to assist NPS with creation of the wetland.  Upon vote, the motion carried. 

Ms. Susu Jeffrey, 1063 Antoinette, Minneapolis appeared before the Board as a representative of Friends of Coldwater.  She inquired about the monitoring that will be undertaken to ensure continued flow of the spring and no negative impact to the flow from the NPS work.  In response, Mr. Anfinson stated that NPS will comply with rigorous federal requirements for measuring and monitoring the flow.  He said NPS also will investigate the entire watershed that is contributory to the spring and ensure that the spring is protected.  In response to further inquiries from Ms. Jeffery, Manager Miller encouraged her to communicate with the District administrator.  Ms. Jeffery stated that she is concerned that the flow from the spring has already been cut in half by NPS work.  Manager Calkins stated that he wished to clarify that the flow diminution is not a correct statement. He said his understanding is that the flow has been rerouted, but has not been diminished.

Minutes of December 29, 2011 

Manager Calkins noted that the name “Casale” should be added to line 163 of the December 29 minutes and that there is an extra “are” in line 192.  Manager Casale noted that Mr. Tom Holzleiter is actually a representative of Preserve Camp Coldwater Coalition, not Friends of Coldwater Springs.  Mr. Welch stated that the description of the Board action on line 129 should indicate that the Board took up the matter of the WCA approval for Camp Coldwater and thereby effectively appealed the staff decision of November 21.  He also suggested that the spelling of Ms. Susu Jeffery’s name be corrected.  Manager Calkins moved, seconded by Manager Miller, to approve the minutes with these changes.  Upon vote, the motion carried.

BOARD, COMMITTEE AND TASK FORCE REPORTS 

Technical Committee

Manager Shekleton stated that the Information Technical Committee met and reviewed options for Board member computing.  The committee discussed the purchase of iPads for the Managers.  Mr. Mandt stated that staff is reviewing the options and will make a presentation at an upcoming meeting.  He added that staff is also discussing with Andy Jenks the construction of a flood mapping model for the District.

Manager Calkins discussed the recent meeting of the Hydrodata Committee, which reviewed the weevils project on Christmas Lake and research for milfoil control, as well as the Enviroscience plan for Christmas Lake and two others.  Manager Calkins also stated that the committee is considering setting a standard meeting time.  The next meeting of the committee is on the January 30 from 3 to 5 pm.

Manager Shekleton reported on the Personnel Committee meeting, noting that the committee reviewed the District Administrator’s performance and that review appears later on the agenda.  He added that the committee also discussed adding a planning and administrative assistant to staff and the arrangement for hiring a fulltime education and communications specialist, along with a one-year intern.  The committee also discussed hiring an aquatic invasive species (AIS) specialist and aquatic ecologist with a primary focus on developing then managing the District’s AIS plan.  Mr. Mandt appeared before the Board and stated that the three steps in this process include developing the plan,
creating a team of the various specialist and consultants for the plan, then implementation.  Mr. Mandt confirmed in response to a question from Manager Miller that the proposal for staffing is within the established budget.  Manager Miller noted the scope and depth of expertise that will be necessary to accomplish the goals set out
by the Hydrodata Committee, and he confirmed that the Personnel Committee is looking for a recommendation from the Hydrodata Committee.  Manager Olson stated that the party driving the development of the AIS plan would be a consultant hired to coordinate planning and stakeholder engagement for the District’s watershed-wide AIS
plan.  He said the staff AIS position would be a technical specialist, who would work along with the consultant and establish relationships to implement the AIS plan.  Mr. Evenson confirmed the description, noting that there are two different sets of expertise necessary and that the short-term need is to establish and foster relationships, while the long-term need is for the technical, scientific expertise.  The managers discussed and acknowledged that the right consultant will need to be
selected to manage the very large job of ensuring that the District’s position as a leader on the AIS issue is well supported. 

Manager Shekleton stated that the committee also discussed hiring Ms. Sarah Noah to conduct a 2012-2014 salary survey.  Manager
Blixt moved, seconded by Manager Casale, to advance approval of the hiring of Ms. Noah for a salary survey to the consent agenda for the meeting of January
26.  Upon vote, the motion carried.

Mr. Christopher stated that the Rules Task Force will meet on the January 23 at 2 p.m.

The managers confirmed that Manager Keeley will serve as the liaison to the Citizens Advisory Committee meeting on January 19. 
 The managers noted that the date for the Board’s annual retreat will be set soon by email.  Mr. Evenson added that the Legislative Task
Force should meet in the next two weeks, and he noted that the Metropolitan Minnesota Association of Watershed Districts group will meet January 17 at 7 p.m.

INFORMATION ITEMS AND CORRESPONDENCE

2011 Regulatory Department Report

Following up on a question from Manager Calkins on the report, Mr. Christopher explained that District staff inspects all best management practices and ponds that were
permitted by the District. Staff works with watershed cities to conduct inspections of other stormwater facilities as well.  If a city exercises sole permitting authority,
the District does not inspect those facilities.  In response from a question from Manager Blixt, Mr. Christopher explained that staff limitations led to fewer inspections in the last year.  But he also noted that the decrease in development activity led to fewer inspections for erosion and sediment control compliance.  He said staff has shifted
its focus to stormwater BMPs and high-priority projects.  He said that there is no doubt that if staff could visit every site every week compliance with District requirements would be better.  Manager Blixt emphasized the importance of ensuring that the District’s rules are enforced.  She suggested that additional intern
assistance would be helpful.  Mr. Christopher explained that regulatory staff is no longer monitoring projects on behalf of the operations and maintenance function of the District.  Mr. Mandt said another intern is to be hired. 

Manager Miller recessed the meeting at 8:50 p.m.

The managers reconvened at 9 p.m.

Committee and Task Force Assignments and Election of Officers

The managers discussed the current list of District committees and the concept of shifting some of these committees to task forces that would meet on a flexible schedule.  The managers discussed the importance of maintaining the clarity and transparency of District operations and meetings.  The managers requested advice and guidance from counsel on ensuring that notice and open meetings requirements are complied with for District committees. 

Manager Shekleton moved to nominate Manager Calkins to continue to serve as the president of the Board of Managers.  Upon vote, the motion carried. 

Manager Casale moved to continue Manager Shekleton as the vice president of the Board.  Upon vote, the motion carried. 

Manager Blixt moved to continue Manager Miller as the treasurer of the Board of Managers.  Upon vote, the motion carried. 

Manager Blixt moved to nominated Manager Keeley to continue as the secretary of the Board of Managers.  Upon vote, the motion carried.

The managers noted that revisions to the roster of committees and task forces will be taken up at a later time. 

BOARD REVIEW ITEMS

St. Martin’s by the Lake Church Cost Share

Mr. Christopher appeared before the Board and explained the proposed cost-share grant for St. Martin by the Lake Church in the City of Minnetonka Beach.  He said that the church is proposing to use a special type of pervious paver called Percoa that needs to be cured in advance and it is significantly more expensive than standard pavers.  He said that by using these pavers the projects exceeds District regulatory requirements for phosphorus removal and total suspended solids reductions.  He said the project also presents an educational opportunity, and staff is recommending the approval of District sharing of 50 percent of the cost of the project related to design and construction of stormwater-treatment facilities, not-to-exceed $21,835.75.  The managers discussed the high cost of the project and the nature of the special pavers that drive the cost.  The managers noted that the special pavers area, though small, will provide treatment for a large catchment area.  Manager Miller moved, seconded by Manager Casale, to advance the item for approval on the consent agenda for the meeting of January 26, 2012.  Mr. Christopher, responding to additional questions about the cost and design ofthe project, noted that in the packet for the meeting of January 26 he will include the presentation on the project that was made to the Citizen Advisory Committee.  Upon vote, the motion carried.

Cost-Share Program Review

District cost-share specialist Mr. Joe Barten appeared before the Board and updated the Board on the District cost-share program.  Mr. Barten stated that staff is exploring ideas to make development of cost share project more efficient, such as placing forms necessary for the work, such as applications, online.  In response to a question from Manager Shekleton, Mr. Barten stated that staff’s initial onsite visit with would-be cost-share program participants is very helpful and orients those individuals on how the program works.  Mr. Barten noted that staff is seeking to integrate GIS mapping into the program operations.  He said staff is working with communications staff on a plan to conduct targeted outreach and education.  He said that for the shoreline and streambank stabilization program, there has been a lot of interest but few actual projects.  Mr. Christopher added that the strong preference among property owners remains riprapped shorelines.  

Mr. Christopher noted that with regard to cost sharing for replacement of failing subsurface sewage treatment systems, the District’s efforts have not met with a great deal
of success.  He explained opportunities in the Aster Trail development, which is tributary to Lake Virginia in Victoria, and on Big Island to replace underground septic treatment systems with city sewer service.   Mr. Christopher explained that the cost for doing so would be roughly the same as the present support that the District offers for replacement of failed septic systems but would provide a long-term solution.  Mr. Christopher also explained the progress of the street-sweeping cost share program and noted that the cities of Edina, Greenwood, Minnetonka, Minnetrista, Richfield, Spring Park and St. Louis Park participated in the program.  Manager Shekleton moved, seconded by Managers Calkins, to direct staff to expand the criteria for the subsurface treatment systems program to allow cost share for homeowners to connect to municipal septic systems.  Upon vote, the motion carried.

In response to a question from Manager Casale, Mr. Christopher explained that the District is moving ahead with the City of Minneapolis and the Minneapolis Park and Recreation Board to pursue volume reduction projects.  The managers discussed efforts to install rock tile inlets.  Mr. Evenson said farmers are strongly disinclined to install the inlets because a rumor has gotten traction that such inlets silt up right away.  The managers discussed options for improving outreach on this issue.  Manager Blixt suggested contacts for staff to advance the issue.

Review of District Administrator

The managers convened in closed session to review the performance of Eric Evenson, the District administrator.

The managers reconvened in open session.  Manager Blixt noted support for the Personnel Committee’s recommendation to rate the administrator’s performance overall as meeting and exceeding goals and that the administrator’s performance has shown positive improvement over the past year.  The recommendation is to increase the administrator’s salary by 1 percent for improved performance and to increase his severance package to 1 year in response to his request.  Manager Keeley moved to approve the recommendation, seconded by Manager Casale. 
Upon vote, the motion carried.

ADJOURNMENT

There being no further business, the workshop meeting of the Minnehaha Creek Watershed District Board of Managers was adjourned at 10:30 p.m.

Respectfully submitted,

Lee Keeley, Secretary