MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

March 24, 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 7:00 p.m. at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota. 

MANAGERS PRESENT

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

MANAGERS ABSENT

None.

OTHERS PRESENT

Eric Evenson, District Administrator; Renae Clark, District Projects Manager; Matt Norton, District Land Conservation Specialist; Steve Christopher,  District Regulatory Program Manager; Becky Houdek, District Planner Specialist; Aldis Kurmis, District Cost-Share Program Specialist;  Telly Mamayek, District Communications Manager; Leslie Yetka, District Education Manager; Michael Panzer, District Consulting Engineer; Chuck Holtman, District Counsel.

MATTERS FROM THE FLOOR

None.  

APPROVAL OF AGENDA

It was moved by Manager Miller, seconded by Manager Keeley to approve the agenda with the addition of updates on the Minnesota Association of Watershed Districts (MAWD) legislative breakfast, a meeting of District representatives with Hennepin County commissioners and District attendance at a recent Hopkins City Council meeting.  Upon vote, the motion carried 7-0.

CONSENT AGENDA

It was moved by Manager Keeley, seconded by Manager Casale to approve the consent agenda, with the removal of the March 10, 2011 minutes and resolution 11-032 concerning the Minnehaha Falls/Glen Restoration project, consisting of the February 24, 2011 minutes; petty cash and surety registers; check register including checks 30584 thru 30655 in the total amount of $396,524.01; and the following resolutions:

• 11-021: Chanhassen local water plan;
• 11-022: Building reuse on Diercks property, Minnetrista;
• 11-023: Agreement with Himle Horner, Inc., as communications consultant;
• 11-024: Three Rivers Park District analytical services;
• 11-025: Second-year biomanipulation project in Lake Nokomis;
• 11-026:  Blue Water Science contract for 2011 Gleason Lake aquatic vegetation surveys;
• 11-027: Stormwater Best Management Practice (BMP) cost-share and education project grant;
• 11-028:  Low-Impact Development (LID) cost-share in Wayzata;
• 11-029:  LID cost-share in Excelsior;
• 11-030:  LID cost-share in Minnetonka.

Upon vote, the motion carried 7-0.

REGULAR AGENDA

Committee and Task Force Reports

Manager Keeley reported that the Citizens’ Advisory Committee (CAC) meeting was outstanding.  John Erwin and Don Shelby both attended and discussed matters on the District agenda.  The CAC will be producing a resolution of support for cost-share and education program funding related to the Shelby property development.

Mr. Evenson added that the CAC discussion was robust and engaged.  He reported that the CAC would like to hold a watershed tour on April 30 and suggested that the tour be a combined CAC-Board tour if Board members wish. 

Mr. Evenson introduced Leslie Yetka, the District’s new education program manager.  Ms. Yetka was the Water Resources Coordinator for the City of Burnsville.  She introduced herself to the Board and was welcomed. 

Manager Casale asked whether CAC members welcome their role in reviewing actions before they are brought to the Board.  Mr. Evenson replied that they do appreciate that opportunity, take their role seriously and are not afraid to ask difficult questions.

Meeting with Hennepin County Commissioners

Mr. Evenson reported that Managers Keeley, Shekleton and Olson, Mr. Evenson and Mr. Wisker met with Hennepin County Commissioners Mark Stenglein and Jeff Johnson and City of Plymouth representatives including Mayor Kelli Slavik, Water Resource Manager Derek Asche, and Public Works Director Doran Cote.  The meeting concerned the Mooney Lake pumping plan, the Chelsea Woods project, local reporting requirements and general communications.  There was a general consensus that progress in the relationship is occurring.  Manager Keeley related the city’s perception that the District has an “attitude.”  Manager Keeley explained to Commissioner Johnson the many respects in which the District has been open and collaborative with its cities but was advised that if there is a perception of District “attitude,” the District will have to change the perception. 

Manager Calkins observed that there is a cycle in which the District believes that relational issues have been resolved, but they keep returning.  He expressed the need for a plan to end the cycle.  Manager Casale urged a concerted effort to communicate with county commissioners in advance to develop a mutual understanding of the District’s mission and provide prior awareness of matters that may come to the attention of the county board.  In this way, commissioners will have context when matters are brought to them by cities and will begin with a certain level of understanding and support for the District’s mission.  He expressed the view that county commissioners should never have to hold “mediation” meetings between the District and its cities.

Manager Blixt agreed but noted that a part of the District’s role is regulatory and this usually is where conflict arises. She believes some cities don’t understand that this is part of the District’s mandate. 

MAWD Legislative Breakfast

Mr. Evenson reported that Managers Calkins and Keeley and Mr. Evenson attended the legislative breakfast and the aquatic invasive species (AIS) hearing in the House Environment, Energy and Natural Resource Committee.  He referenced Representative McNamara’s comment that the budget and AIS are the two most important issues of the session.  The bill does not go as far as the District would like, but the District is supportive.  Manager Keeley added the concern expressed by several legislators that people subject to increased sanctions be well informed of the law and not be subject to sanctions for innocent violations.

Hopkins City Council Workshop

Manager Casale reported that he attended the recent city council workshop with Manager Miller, Mr. Wisker, Mr. Ten Eyck and Tom LaSalle.  Attending for Hopkins were the Mayor, four city council members and several staff including Planning Director Kersten Elverum.  He reported that Mr. Wisker made an excellent presentation including a historical photo array from Target on the west to Methodist Hospital on the east, showing how development over time has affected the creek and adjacent wetlands.  This led to an engaged discussion.  Manager Casale also remarked that the city council expressed openness toward the potential public acquisition of residential lots north and south of Lake Street.  Manager Miller added that council members were very engaged and are willing to explore possibilities. 

Mr. Evenson asked whether the District should offer to brief Hennepin County Commissioners at a workshop.  Managers Miller and Casale suggested that a better forum would be the southwest corridor task force, which includes three county commissioners.

Upcoming Meetings Schedule

Manager Keeley remarked that Minnesota Waters will be bringing lake associations and the public up to date on AIS at an April 6 event at Chanhassen City Hall.  Mr. Evenson and Steve McComas will speak. 

Manager Shekleton remarked that the March 29 information technology committee meeting has been postponed.  Manager Calkins announced the building committee meeting as stated on the agenda.  The Board would like a combined watershed tour with the CAC on April 30.

Minnehaha Falls/Glen Restoration Project

Manager Calkins noted that discussion concerning the need for a long-term vegetation maintenance plan has occurred with the Minneapolis Park and Recreation Board (MPRB) and that the MPRB has concurred via an email from Mike Schmidt. 

It was moved by Manager Casale, seconded by Manager Miller to approve proposed resolution 11-032, replacing the last “whereas” with the following; “the Minnehaha Creek Watershed District Board of Managers requested that the MPRB provide a five-, 10-, 15- and perhaps 20- year vegetation management plan and the MPRB has agreed to do so, as referenced in Mr. Schmidt’s attached email.”  Upon vote, the motion carried 7-0.

March 10, 2011 Minutes

It was moved by Manager Keeley, seconded by Manager Olson to approve the March 10, 2011 minutes with a revision on page two, paragraph five, replacing “her” with “the Mayor of Greenwood” and to direct that the revised minutes be emailed to the managers.  Upon vote, the motion carried 7-0.

Mooney Lake Pumping Plan and Distribution of Funds

Mr. Evenson reported that he met with Plymouth Public Works Director Cote earlier this week and that the revised plan in the Board materials is consistent with the outcome of that meeting.  The only outstanding issue is that the Board earlier had asked that the pumping plan address the transport of AIS.  He noted that was before zebra mussels reached Lake Minnetonka.  It was moved by Manager Keeley, seconded by Manager Miller to adopt proposed resolution 11-031 approving the pumping plan and disbursement of funds to the City of Plymouth. 

Manager Casale noted that it had been his motion to require consideration of AIS and therefore he wished the record on the Board’s decision to be clear.  It was moved by Manager Casale, seconded by Manager Miller to amend the main motion to revise the resolution as follows: (a) in the second “whereas,” insert “on December 18, 2008, at the request of the City of Plymouth, the Minnehaha Creek Watershed District”; (b) in the “be it resolved,” insert at the beginning of item 5: “After research determined it was unnecessary and based on discussions with the City, it was mutually agreed that”; and (c) combine the fourth and fifth “whereases” to give a better indication of the timeline and reflect that the District was engaged in timely review of the pumping plan.

The amendment to the main motion carried by unanimous consent.  Upon vote, the main motion, as amended, carried 7-0. 

Flood Update 

Ms. Clark reported that staff has been monitoring conditions on Lake Minnetonka and Minnehaha Creek seven days a week.  As the result of bubbling, the ice was thawed and the Gray’s Bay dam became operational two weeks ago and all stop logs now have been removed.  The lake elevation has approached 930 feet today and water is discharging over the top of the dam.  She advised that the Lake Nokomis weir has been manually inflated and the District is in daily communication with the City of Minneapolis and the MPRB regarding conditions on the creek.  She further emphasized the regular ongoing communication that the District is maintaining with the affected cities and she is working closely with Ms. Mamayek.  Ms. Clark also is attending the weekly flood status meetings convened by the City of Minneapolis.

Ms. Clark reported that staff also is monitoring the creeks tributary to Lake Minnetonka and that a lot of water is flowing.  This will continue to increase the discharge from the lake and District staff is monitoring ice conditions in the creek that could artificially constrain flow.  The creek elevation is near the top of the Lake Nokomis weir.  District, Minneapolis and MPRB staff determined that this location should not be sandbagged, as it could result in flooding on roadways such as Cedar Avenue.

Ms. Clark also reported that the Painter Creek weir was cut down several weeks ago.  It appears this has been having a good effect, but the District will wait until after spring flows to assess the outcome and sign off on the corrective work. 

Mr. Panzer advised that Lake Minnetonka will definitely flow over the weir based on the precipitation events of the last several days.  Mr. Evenson emphasized that Ms. Clark has been working seven days a week and commended her diligence.  He also informed the Board that Minnetonka staff and Gabriel Jabbour worked very closely and cooperatively with Ms. Clark and Ms. Forner to set up and apply the bubblers, which were lent by Mr. Jabbour. 

It was moved by Manager Miller, seconded by Manager Keeley to adopt separate resolutions expressing appreciation to Mr. Jabbour and the City of Minnetonka for their contributions. 

Other Matters

Mr. Evenson reported that Dr. Singh is leaving the District effective April 8.  He noted the District’s excellent field staff and advised that his intent is to hire a summer intern and otherwise retain a consultant to provide water quality program oversight for the monitoring season.  He is asking HDR, Wenck Associates and Barr Engineering to provide quotes.  The program runs very well with limited oversight and he is looking for someone to be in the office one or two days a week.  His intent is to ensure that the monitoring season is productive and then to more deliberatively engage in the fall in making a permanent hire to replace Dr. Singh.

Manager Calkins noted that Dr. Singh was engaged in various projects and programs and does not want those to fall to staff without adequate planning.  Mr. Evenson replied that Dr. Singh and the rest of the water quality staff are reviewing present programs and assignments and determining how to move forward.  Mr. Calkins specifically noted the project to develop the concept and definition of “water quality.”  Mr. Evenson replied that this project probably would be delayed.  Manager Calkins asked that the staff review of existing programs be brought to the Board so the Board can be comfortable with how continuity will be maintained.  Manager Blixt urged that the permanent hiring process occur in parallel.  Mr. Evenson noted that to maintain the program budget, his intent presently is to use the savings from Dr. Singh’s departure to pay the consultant.  

ADJOURNMENT

There being no further business, it was moved by Manager Olson, seconded by Manager Shekleton to adjourn the regular meeting of the Minnehaha Creek Watershed District Board of Managers.  Upon vote, the motion carried 7-0 and the meeting was adjourned at 8:55 p.m.

Respectfully submitted,

Lee Keeley, Secretary