MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

July 28, 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, Brian Shekleton, Lee Keeley, Richard Miller, Pamela Blixt, Jeffrey Casale and William Olson.  

MANAGERS ABSENT

None.

OTHERS PRESENT

Eric Evenson, District Administrator; David Mandt, District Operations Managers; James Wisker, Planning Manager; Mark Ten Eyck, Land Conservation Program Manager; Michael Panzer, District Consulting Engineer; Michael Welch, Assistant District Counsel.

MATTERS FROM THE FLOOR

None.

APPROVAL OF AGENDA

Mr. Evenson requested the addition to the agenda of a letter from and response to Cindy Notch as an information item, and discussions of the potential to use radio frequency identification (RFID) technology to manage invasive species, an offer from Wenck Engineering to purchase a table for the managers for Minnesota Waters’ River Night and a proposal for presentation training for staff and managers.  Manager Shekleton requested the addition on an update on the website revision and a report from the Personnel Committee.  Manager Miller requested the addition of a discussion of the Hennepin County water resource management project.  Mr. Wisker requested that the resolution to approve a contract with Cross River Consulting be pulled from the consent agenda to provide the Board with an updated proposal.  Manager Keeley moved, seconded by Manager Shekleton, to approve the agenda as amended.  Upon vote, the motion carried.

Consent Agenda

Manager Olson requested the removal of the minutes of the June 23, 2011, meeting from the consent agenda.  Mr. Evenson requested that the minutes of June 23 be moved to a later agenda for review and approval.  Manager Keeley moved, seconded by Manager Shekleton, to approve the consent agenda as amended, consisting of: Approval of the checking, petty cash, and surety check registers, including checks on the checking register 30888 to 30982 for a total of $367,560.98; and:

Adoption of resolution 11-057, approving the 2011 United States Geological Survey Hiawatha contract:

NOW THEREFORE, BE IT RESOLVED, that the MCWD Board of Managers authorizes the MCWD administrator to sign an agreement with USGS to continue the joint funding agreement for $11,660 for services from October 1, 2010, through September 30, 2011. 

Adoption of resolution 11-058, approving a low-impact development cost-share grant to 8849 Minnetonka Boulevard, St. Louis Park:

NOW THEREFORE BE IT RESOLVED that the Board of Managers approves a grant to the applicant for 50 percent of the total costs associated with stormwater improvements, not to exceed $41,506 under the MCWD’s Low Impact            Development Program in accordance with the terms of the proposed final funding agreement, for the incorporation of a stormwater quality treatment structure for stormwater management benefits in excess of District regulatory requirements; authorizes the Board President, on advice of counsel, to sign the funding agreement and all other documentation required to implement the grant award; and authorizes the MCWD administrator to take all other steps necessary to implement the funding agreement in accordance with its terms.

Adoption of resolution 11-059, approving funding for Northland NEMO:

NOW THEREFORE BE IT RESOLVED that the Minnehaha Creek

            Watershed District Board of Managers approves funding of the Northland

            NEMO program in the amount of $5,000 for the 2011 program year.

Adoption of resolution 11-060, approval of the draft 2013 District capital improvement plan:

NOW THEREFORE BE IT RESOLVED that the Minnehaha Creek

Watershed District Board of Managers approves the 2012-2014 Capital

Improvement Plan.

Adoption of resolution 11-061, authorizing a contract with SRF Consulting for design of the Steiger Lake Wetland Restoration project:

NOW, THEREFORE, BE IT RESOLVED, that the MCWD Board of Managers

authorizes the District administrator to execute a contract with SRF Consulting

Group for $56,900 for design of the SMC-14 project and authorizes a

contingency budget of 10%, for a not-to-exceed amount of $62,590.

 

Adoption of resolution 11-063, approving final payment and stipulation with Peterson Companies related to dredging of Amelia Pond:

NOW, THEREFORE, BE IT RESOLVED that the MCWD Board of Managers

approves final payment in the amount of $48,175.50 to Peterson Companies for

the Stormwater Pond Maintenance – Twin Lakes and Amelia Pond Excavation

Project, approves the Stipulation between Peterson Companies and the District,

and authorizes the release of performance bond and payment bond one year

from the date of this decision.

Upon vote, the motion carried.

REGULAR AGENDA

Board Committee and Task Force Reports

Manager Shekleton stated that the personnel committee’s most recent meeting produced a set of recommendations for management and staffing that are detailed in a memo that has been provided to the managers.  Manager Shekleton summarized the recommendations, stating that James Wisker’s, Telly Mamayek’s and David Mandt’s positions would be changed from department coordinators to department directors, and creates a management team consisting of those directors along with Mr. Evenson.  The committee also recommends the extension of the District administrator’s delegated authority to approve expenditures of $5,000 or less to the departmental directors, with the appropriate amendment of the District governance policy.  The committee is also recommending three staffing changes: Changing Erik Dahl’s position to temporary to regular full time, refraining from funding the vacated water-quality management position for 2012, and retaining the education technician I position for insurance purposes but not funding it in 2012.  In response to a question from Manager Miller, Mr. Evenson explained that the 10 percent increase in personnel costs is the result of an insurance change that was previously approved by the Board.  Manager Shekleton explained that the recommendations would be forwarded, if recommended by the managers, to the personnel and operations budgets for 2012 and other relevant governance documents for approval with the 2012 budget.  Manager Keeley moved, seconded by Manager Blixt, to forward the personnel committee recommendations to the operations and personnel budgets for 2012.  Upon vote, the motion carried.

Manager Shekleton and Mr. Mandt updated the Board on continuing progress on the website update project. 

Manager Shekleton stated that all of the members of the Citizens Advisory Committee attended the recent meeting. 

Manager Miller offered a report on the first meeting of the stakeholder group for the Hennepin County Surface Water Governance Research project.  The mangers discussed the research project’s apparent focus on restructuring surface water management in Hennepin County.  The managers directed counsel to look into the origin and goals of the project.

Manager Calkins reported on a meeting with the mayors and administrators from the cities of Orono and Long Lake, noting that the group had a good discussion of water quality goals and subwatershed-focused education activities.

Manager Shekleton noted that an Information Technology Committee meeting is scheduled for August 8 at 6 p.m. at St. Louis Park City Hall.  He said another Personnel Committee meeting will also be set up soon.

Mr. Evenson discussed logistics and timing for a District canoe trip, stating that it appears Saturday, September 17, will be the optimal day to get participation from government and citizen representatives from around the watershed. 

Contract with Cross River Consulting for Development of a Painter Creek Project Plan

Mr. Evenson said the scope of the project has been revised slightly from what was distributed in the managers’ packet and the result is a $1,000 reduction in cost.  Manager Blixt moved, seconded by Manager Casale, to adopt the following resolution:

            NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek

            Watershed District Board of Managers hereby approves the Cross River

            Consulting (CRC) natural resource evaluation proposal and authorizes the

            District   administrator to enter into a contract with CRC as maybe amended on

            advice of counsel in the amount of $10,760, not to exceed $14,000.

Upon vote, the motion carried.   

River Night

Mr. Evenson reported that Wenck Engineering has offered to purchase a table for Minnesota Waters’ River Night event on September 14 at Bay View Event Center.   Mr. Evenson stated that Wenck has invited the managers to attend at its expense.  Mr. Evenson said that counsel has reviewed the invitation and the relevant law and advises that while the managers may accept, the invitation raises policy issues that should be discussed.  Manager Blixt suggested that the District should work with Minnesota Waters to include a presentation about watershed in the evening’s activities since the event will be held in the District’s watershed for the first time.  The managers discussed whether accepting the invitation creates an impression or perception of impropriety and determined that if the event is worth attending, the District should pay for managers to attend.  The managers agreed that the event is a good opportunity for the managers to connect with other professionals and invested parties. The managers directed staff to decline Wenck’s invitation with thanks and to purchase a table for managers and other district invitees to attend the event.  Managers Keeley, Olson, Shekleton and Casale indicated that they will be able to attend. 

District Presentation Training

Mr. Evenson stated that the District has been looking into bolstering staff presentation skills.  He stated that several firms have been consulted about providing such training, but Telly Mamayek of the District staff has experience working with Roshini Rajkumar. In response to a question from Manager Blixt about the cost of the training, Mr. Evenson clarified that training for both staff and managers is offered for a reduced cost of $5,250 because of the existing relationship between Ms. Rajkumar and Ms. Mamayek.  He made it clear that if managers are not interested in receiving such training, the training can be set up for staff only, but combining the two saves cost.  Mr. Mandt added that he has looked at the SkillPath and Himle Horner proposals and found that the cost of the Rajkumar proposal is comparable to sending staff to individual training sessions.  The managers encouraged Mr. Evenson to look for an alternative date from the one proposed for managers training, September 15, so that all the managers could attend. 

Invasive Aquatic Invasive Species Management Technology Proposal

Mr. Evenson stated that on July 27 representatives from Insight Technologies of Fargo presented to a stakeholder group including some of the managers on a radio frequency identification (RFID)-based system for managing lake accesses.  Mr. Evenson noted that the technology appears to address the concern that the District’s aquatic invasive species (AIS) management efforts could be too restrictive of public access to lakes.  He said the RFID technology, which works like the MnPass system for high-occupancy vehicle lanes, allows boaters who are certified as free of invasive species to pull right up to a gate on a lake access that reads an RFID tag on the boat, then opens the gate, allowing AIS-free boats to get on the lake quickly.  Mr. Evenson stated that the most effective application would be statewide.  Mr. Evenson said the technology used is known, established and works, but the Insight folks are still working on where the proper placement of a RFID tag on a boat or trailer would be.  He said the technology requires power and internet access at the lake access, for an antenna that reads the RFID tags. 

Manager Shekleton noted the significant legal issue of a tracking system that is tied to data on individuals.  The managers agreed that such a system would have to prevent such information from being accessed.  Mr. Evenson stated that if the District moves forward with an AIS program, it will have to have three parts: technology development for access management, development of the legal and regulatory issues for presentation to the managers for discussion, and a communications and outreach plan.  Mr. Evenson added that a critical step in this process will be to get the Department of Natural Resources (DNR) to agree on managed access to lakes.  Mr. Evenson stated that if the managers are interested, the next step with the RFID system would be to solicit a proposal from Insight Technologies for development of a prototype.  He said the initial cost estimate for development of such a prototype is $25.000. 

The managers discussed some of the technology issues challenges associated with such a system and the progress the City of Shorewood has made toward managed access at Christmas Lake.  Manager Olson stated that the purpose of the Insight proposal would be to determine how the system would work on a statewide basis, then present this information to the DNR. 

Manager Olson moved, seconded by Manager Keeley, to request a proposal from Insight Technologies for development of a prototype RFID-based lake-access system that can be scaled up to watershed-wide and statewide application, including costs of scale-up. 

In response to a question from Manager Calkins, Mr. Evenson stated that he will be meeting Friday, July 29, with Jim Japs from the DNR along with members of area lake associations.  Manager Olson stated that in a recent meeting, the Carver County commissioners stated that they believe the District should be the government entity to lead an effort to develop a viable managed-access program.  Upon vote, the motion carried 6-1, Manager Shekleton voting against.

Manager Blixt asked for an update on the efforts to manage access at Christmas Lake.  The managers discussed that the importance of the District supporting the City of Shorewood’s efforts to prevent Christmas Lake from being invested with invasive species beyond the milfoil it already has.  Manager Calkins moved, seconded by Manager Miller, to direct staff and legal counsel to explore a joint powers agreement with the City of Shorewood for implementation of managed access to Christmas Lake, with no access to the lake at night and daytime access only after an inspection confirms that the boat and trailer are free of invasive species, such agreement also to provide District legal support to address any issues or claims that may arise under the agreement. Upon vote, the motion carried. The managers further directed District counsel to analyze the legal matters associated with managing the Christmas Lake access in the manner described.

The managers discussed the importance of developing a watershed system and regulatory approach to AIS management.   Manager Calkins moved, seconded by Manager Miller, to direct counsel and staff to develop a preliminary draft rule for the purpose of aquatic invasive species (AIS) control that manages District-wide water body access through the use of a colored-sticker or RFID-based system for discussion by the Board of Managers by September 1.  Upon vote, the motion carried.

Manager Shekleton noted that he had recently come to understand that the Minneapolis Park and Recreation Board (MPRB) staff were setting up a bass fishing tournament to take place on both Lake Minnetonka and the lakes in the City of Minneapolis chain of lakes on the same day.  He said the information underscores the need to conduct some outreach with the MPRB and help staff understand the risk of AIS to the Chain of Lakes.  The managers directed the president and Mr. Evenson to ask for a meeting with the chair of the MPRB and staff members to work on their AIS policy and improve the protection for Minneapolis’ parks lakes. 

 ADJOURNMENT

There being no further business, the regular meeting of the Minnehaha Creek Watershed District Board of Managers was adjourned at 9:45 p.m.

Respectfully submitted,

Lee Keeley, Secretary