MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

November 18, 2010

CALL TO ORDER

The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President James Calkins at 6:47 p.m. at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota. 

MANAGERS PRESENT

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

MANAGER ABSENT

Brian Shekleton.

OTHERS PRESENT

Eric Evenson, District Administrator; Udai Singh, Water Quality Specialist, James Wisker, District Planner/Program Coordinator; Christopher, Regulatory Program Manager; Renae Clark, Project Manager; Julie Westerlund, Education/Communications Manager; Luke Schwitzer, District Technician/Compliance Officer; Michael Panzer, District Consulting Engineer; Louis Smith, District Counsel.

INTRODUCTIONS

Mr. Evenson introduced new staff members Tiffany Forner and Aldis Kurmis, and noted farewell to Julie Westerlund who is going to work for the Department of Natural Resources. 

MATTERS FROM THE FLOOR

None.

APPROVAL OF AGENDA

Mr. Evenson requested that a status report on a sewage spill in Excelsior be added as discussion Item 13.2 to the agenda.  It was moved by Manager Keeley, seconded by Manager Olson, to approve the agenda with this change.  Upon vote, the motion carried.

CONSENT AGENDA

Mr. Evenson requested that Item 8.2, request for authorization to proceed with feasibility studies, be pulled for discussion.

It was moved by Manager Keeley, seconded by Manager Miller to approve the remaining items on the Consent Agenda, including the Minutes of November 4, 2010; solicitation of bids for demolition of 427 and 429 Blake Road; and approval of the check register for check numbers 30270 through 30337.  Upon vote, the motion carried.

REGULAR AGENDA

Committee and Task Force Reports

Awards Committee:

Manager Keeley reviewed the annual awards event and plans for next year.

Citizens Advisory Committee:

Manager Keeley noted that the CAC’s input on the Cynthia Krieg grants was very valuable for the process.

Building Task Force:

Manager Casale noted that the Task Force met on November 7, and anticipated a report to the Board of Managers at the December 9 meeting.

Request for Proposals for 2013 Feasibility Studies

Mr. James Wisker appeared before the Board of Managers and requested that the last paragraph of Resolution 10-107 be stricken, because the staff intends to bring the proposals back to the Board of Managers for approval.  Following discussion, it was moved by Manager Keeley, seconded by Manager Blixt to approve the actions recommended by staff and adopt Resolution 10-107, as amended.  Upon vote, the motion carried.

Carp Management Program in Pierson Lake and Lake Wasserman

Ms. Yvette Christenson appeared before the Board of Managers and reviewed the request for authorization to implement a Carp removal program and construct carp barriers at Pierson Lake and Wasserman Lake.  Mr. Evenson noted that the purposes of the program included research and recommended that the title of the draft resolution and the resolving clause be amended so that it reads “Research and Removal Program.” Following discussion, it was moved by Manager Miller, seconded by Manager Keeley to approve the staff recommendation and adopt Resolution 10-085, with the amendments as recommended by Mr. Everson.  Upon vote, the motion carried.

City of Richfield Request for Partnership in Legion and Taft Lake Project

Mr. James Wisker appeared before the Board of Managers and reviewed his memorandum of November 18 which summarized the proposed project from the City of Richfield to improve water quality within Legion and Taft Lake through a combination of irrigation, infiltration, flocculation and other elements.  He reviewed the status of the discussions with the City and introduced Mr. Mike Eastling and Mr. Pete Willenbring to discuss the project further. 

Mr. Eastling thanked the Board of Managers and staff for the work together to understand this project and the opportunities presented.  He noted that further discussion would be needed concerning the proposal for project financing, but that the general principle of splitting the cost evenly between the City and the District is reasonable.

President Calkins asked Mr. Eastling whether under the proposed scenario the Best Management Practices to be incorporated in to future development and redevelopment projects would include single family homes.  Mr. Wisker and Mr. Eastling indicated that they likely would not include single family homes.  Manager Miller suggested that single family homes would be appropriate for a cost-share and educational programming.

President Calkins stated that he appreciated the phosphorus and volume control benefits of the project, but was not necessarily comfortable with the “end of the pipe” approach.  He stated that he was concerned that abandoning onsite treatment for this project area would set a precedent for the larger watershed and presented a very significant policy decision.  Manager Casale stated that he felt the project had good benefits, and still wondered whether the District’s rules could be applied on site where it is feasible to achieve treatment.

Mr. Willenbring stated that this subwatershed was unique, and that the proposed project provided unique benefits to achieve water quality goals in advance of future redevelopment.  Manager Casale stated that he appreciated this benefit, but that the project nevertheless would contradict the non-degradation principle of the new District rules.  Mr. Eastling pointed out that of the 1500 acres in this subwatershed, it is likely that only 100 acres will redevelop in the foreseeable future.  Manager Blixt stated that she agreed that this project presented a large issue of policy and precedent, perhaps appropriate for a Board workshop.  She stated that it would be useful for the staff to evaluate this precedent as it might apply in other cities.

Following discussion, it was moved by Manager Miller, seconded by Manager Keeley, to adopt Resolution 10-109, authorizing the Administrator to develop a cooperative agreement with the City of Richfield for this project.

The managers discussed further the precedent concern and the tension with the principle of non-degradation.  Mr. Wisker pointed out that the proposed new stormwater rule includes a provision to allow use of a regional system in place of on-site treatment.  Mr. Willenbring stated that some on-site treatment opportunities could be explored.  President Calkins stated that there were many other benefits of localized infiltration to consider beyond retention of stormwater.  Manager Keeley stated that she felt that the project represented a valuable opportunity, such that the staff could work further and bring back a proposed cooperative agreement that would address some of these issues.

President Calkins noted the general principle of splitting the cost equally between the City and District, but noted the staff recommendation that the City would pay the interest on the financing.  He asked Mr. Eastling to clarify these issues.  Mr. Eastling stated that the idea of the City paying the interest would need to be discussed with the City Council.  President Calkins stated that he is not convinced that the City should pay the interest.  Mr. Smith noted that there were number of legal issues implicated in the proposed project that would require further definition in a cooperative agreement.

Following discussion, it was moved by Manager Calkins, seconded by Manager Keeley to amend the proposed resolution by deleting paragraph 2 of the second resolving clause, which would provide that the District would pay principal and the City would pay interest on the project financing.  Upon vote, the amendment carried.

Mr. Eastling stated that he would not object to the creation of a special taxing District as recommended by staff, and would recommend it for support by the City Council.

It was moved by Manager Casale, seconded by Manager Miller to insert a new paragraph in the second resolving clause of the resolution to include this project area within the threshold on the application of District rules, such that the area would not be exempted.  Upon vote, the amendment carried.

It was moved by Manager Blixt, seconded by Manager Miller to insert an additional paragraph to direct the staff to develop plans for including residential educational programming in this subwatershed.  Upon vote, the amendment carried.  

President Calkins then called for a vote on the main motion to adopt the resolution, as amended.  Upon vote, the motion carried.

CLOSED SESSION

At the request of Mr. Ten Eyck, the Board of Managers adjourned to a closed session for the purpose of discussing a potential land conservation acquisition at 8575 Scandia Road in Waconia, MN. 

The managers returned to Open Session.

Excelsior Sewage Spill

Dr. Udai Singh and Mr. Luke Switzer appeared before the Board of Managers and reviewed their report on the sewage spill in Excelsior.  The managers directed that the Administrator send a letter to Metropolitan Council Environmental Services to express concern, seek additional information, and inquire about contractor liability for the spill. 

ADJOURNMENT

There being no further business, the meeting of the Board of Managers adjourned at 10:30 p.m.

Respectfully submitted,

Lee Keeley, Secretary