MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

November 4, 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 6:50 p.m. at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota. 

MANAGERS PRESENT

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

MANAGERS ABSENT

Brian Shekleton.

OTHERS PRESENT

Eric Evenson, District Administrator; Udai Singh, Water Quality Specialist; 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 that a request for board action authorizing payment for a heating and air conditioning system be added to the agenda.  It was moved by Manager Blixt, seconded by Manager Keeley, to approve the agenda as amended.  Upon vote, the motion carried.

CONSENT AGENDA

It was moved by Manager Casale, seconded by Manager Miller, to approve the consent agenda, consisting of the minutes of the October 21, 2010, meeting.  Upon vote, the motion carried.

REGULAR AGENDA

Committee and Task Force Reports

Manager Keeley stated that a report from the Personnel Committee is part of a later agenda item. 

Manager Olson said he attended the most recent Citizens Advisory Committee meeting at which Renee Clark gave a good presentation on the District’s current slate of projects, which was positively received.

Manager Casale reported that the Information Technology Committee has reviewed a mockup of the new District website and discussed some of the wiring gremlins that are plaguing the District offices.  The new District website would be brought to the Board for review in January.

Manager Keeley reported on a recent meeting with council members and staff from the City of Plymouth.  She said the city expressed willingness to put funds into the Chelsea Woods project and agrees with the District’s accounting for the Mooney Lake settlement.  She said the memorandum of understanding issue is also being resolved. 

Manager Calkins reported on the most recent Rulemaking Task Force meeting, noting that Manager Casale also attended.  He said the task force reviewed the stormwater rule yesterday, November 3.  He noted that the Technical Advisory Committee reviewed the draft rule earlier in the day.  Language in the rule and appendices is still under adjustment.  Manager Calkins said developers are concerned about investing dollars in the research and development necessary for a site plan only to bring it forward to the District and have their permit denied.  He said developers are interested in having an advance review.  The managers observed early review of development plans has been something the District has been seeking for several years.  The managers agreed that the stormwater rule language should be reviewed by the Citizens Advisory Committee.

Manager Olsen agreed to attend the Citizens Advisory Committee meeting on November 17 in lieu of Manager Keeley.

Manager Casale reported on the Southwest Light Rail Transit Steering Committee.  He and Manager Miller have been attending the meetings, which are still focused on organizing the committee.  At the most recent meeting, however, plans and designs for the light rail line were reviewed.  The managers discussed the design for the line and stops.

Manager Calkins inquired as to the status of the Bushaway Road project.  Mr. Evenson stated that District staff is working with Barr Engineering to review a few additional items to be added to Barr’s report on the project.  He said he has not heard anything recently from city staff or the Bushaway Road Task Force.  In response to further inquiry from Manager Calkins, Mr. Evenson stated that the City of Wayzata has not accepted the plan for Bushaway Road, potentially slowing the project somewhat.

Manager Calkins reviewed the schedule of upcoming task force and committee meetings.  Mr. Evenson proposed holding the District retreat at the Nicolet Island Inn on January 8.  He said the retreat could include a tour of the St. Anthony Falls lab at 10 a.m.  There was general agreement.  Mr. Evenson said the retreat could be conducted for a total of $1,400 to $1,500.  Manager Miller requested distribution to the managers of the report from the last District retreat.

Aquatic Invasive Species Program Plan Amendment

Dr. Singh presented the agenda item, which is a request for approval of the final budget details for the 2011 aquatic invasive species work by the District hydrodata program and authorization to initiate the plan amendment process.  Dr. Singh discussed the draft plan amendment language, noting that it addresses the fourth of the Board’s five directions to staff with regard to aquatic invasive species, the fifth being research on chemical control of zebra mussels.  In response to a question from Manager Blixt, Dr. Singh clarified that the budget for the hydrodata program including aquatic invasive species was approved in September, which is the $180,000 per year figure in the plan amendment.  He added that he believes the program may be $125,000 a year in the second year after some initial costs have been absorbed.  In response to a question from Manager Keeley, Dr. Singh stated that Lake Minnetonka shoreline property owners will begin to notice zebra mussels next year.  Mr. Evenson said zebra mussels should become readily apparent and widespread within three years.  Manager Olson reported that the buoys taken from the upper lake recently did not show signs of zebra mussels. 

Dr. Singh stated that the District is taking a proactive approach but has not given any of the partners the impression that the District’s efforts will be able to control zebra mussels altogether.  Mr. Evenson stated that in addition to the program budget, the other critical element before the Board is the proposed plan amendment.  He explained the process for amending the District’s Comprehensive Water Resources Management Plan, stating that the amendment will establish a regulatory program as an option if approved.  He said that upon Board of Water and Soil Resources’ (BWSR) approval, the District will begin to pull in organizations such as the Lake Minnetonka Conservation District and other stakeholders to shape the District’s program.  He said the amendment could draw some opposition, so it will be important to work with potentially opposed groups up front.  In response to a question from Manager Calkins, Mr. Welch stated that the amount of time the plan amendment takes to get through the BWSR and state agency review process will depend on whether BWSR views the amendment as a minor or major plan amendment.  In response to a question from Manager Calkins about the need for additional funds for startup of a regulatory program, Mr. Evenson stated that a rule and the other elements of a program would not be in place until 2012.  The managers discussed the need to fast track the program and get it into place as soon as possible.  In response to a question from Manager Keeley, Mr. Evenson agreed that there would be an educational element to the District program.  Mr. Evenson pointed out that the District’s aquatic invasive species program should address more than just zebra mussels.  In response to Manager Blixt’s suggestion that the rulemaking could proceed on a parallel track, Mr. Evenson recommended that the rulemaking wait until the plan amendment process is completed. 

Manager Calkins noted that the plan amendment before the Board is quite detailed.  He hopes that the plan amendment is strong enough to secure BWSR approval of a District regulatory program but not necessarily commit the District to a mandatory regulatory program.  Manager Blixt stated that the details will be worked out in the rulemaking process.  The managers further discussed the timeframe for getting a District regulatory program in place.  Manager Keeley urged that all haste be made to get a regulatory program in place.  Dr. Singh stated that District staff and counsel based the design of the program and assessment of potential costs on the program in Lake Tahoe in Nevada and California, among others.  He said staff outlined several months ago the cost of a regulatory and boat-decontamination program, which he described as quite significant and a very large commitment on the District’s part.  Manager Casale moved, seconded by Manager Blixt, to approve Resolution 10-106, authorizing the District Administrator to begin the plan amendment process for an Aquatic Invasive Species Program and authorizing $180,000 to carry out the program in 2011, and directing staff to complete the amendment as soon as possible.  Upon vote, the motion carried.

Personnel Committee Recommendation

Mr. Evenson presented the Personnel Committee recommendations in the form of a request for board action proposing a new organizational chart, the hiring of a grade 6 communications staff person, the hiring of a one-year full-time position to assist in the development of District plans and support the planning department, and the engagement of personnel consultant Sarah Noah to assist in recruitment and hiring of the communications specialist and education program manager.  In response to a question from Manager Olson, Mr. Evenson stated that significant devotion to aquatic invasive species will be built into the job description for the new communications specialist.  Manager Miller commented that while there is often a danger of mission creep and unwarranted expansion, he believes that the proposed recommendations represent a well thought-out and sound proposal.  In response to a question from Manager Calkins, Mr. Evenson said that there is more than enough work for the new full-time grade 6 communications person.  He noted the extensive relationship-building necessary in the watershed, along with education, outreach and communications work for the District aquatic invasive species work, land conservation program, and rules, among others. Manager Olson noted the importance of the District being able to build trust and confidence throughout the watershed.   Manager Keeley moved, seconded by Manager Miller, to approve Resolution 10-105, implementation of personnel committee recommendations.

Manager Calkins commented that in the discussion of the position he is hearing a list of measurable goals that should be used to gauge the performance of the new communications staff member.  Upon vote, the motion carried.

Delegate for Minnesota Association of Watershed Districts Annual Meeting

Mr. Evenson outlined the need to appoint delegates and alternates for the voting at the Minnesota Association of Watershed Districts (MWAD) annual meeting.  Manager Keeley moved, seconded by Manager Casale, to appoint Managers Blixt and Calkins as the delegates to the MAWD meeting, with Managers Olson, Shekleton and Keeley as alternates.  Upon vote, the motion carried.

Check Authorization

Mr. Evenson presented a request for the approval of a check for $2,600 for a replacement furnace needed in the Chute property that the District owns.  Manager Miller moved, seconded by Manager Blixt, to approve the request for a check for $2,600 to Steve Helland Heating and Air Conditioning.  Upon vote, the motion carried.

Six Mile Creek Land Conservation Program

Mr. Ten Eyck appeared before the Board and presented a review of the District’s plans for preservation of natural resources, protection of water resources and wetland restoration in the Six Mile Marsh area of western Hennepin County.  Mr. Ten Eyck noted that the Board first looked the report in the pack in June 2010, but it is offered tonight in preparation for the next agenda item, a closed session to consideration purchase of 7901 and 8015 Halstead Drive in Minnetrista.  Mr. Ten Eyck introduced Tony DeMars from Cross River Consulting, who reviewed his report on the identified gaps in the protection of natural resources in the Six Mile Marsh area, along with opportunities to establish and strengthen the connecting corridor.  He said the report provides context for consideration of future capital projects in the area, along with a framework to prioritize properties in the area for possible acquisition.  He said the regional review is a departure from the subwatershed approach taken by the District for much of its work. 

In response to a question from Manager Calkins, Mr. Ten Eyck stated that he had followed up on the Board’s earlier to contact the city to discuss mutual interests in the Six Mile Marsh area.  He said his discussion with the city administrator, Mike Funk, and planner Brianna Rothstein had been productive.  City staff is especially interested in connecting trails in the area, as well as forest restoration.  He said city staff requested 30- day notice before the District makes any acquisitions in the area. A presentation to the city council may be warranted.  The managers agreed that manager-to-councilmember contact is not necessary at this time, but will be initiated if it proves necessary later.

Closed Session: 7901 and 8015 Halstead Drive, Minnetrista

Manager Calkins recessed the regular meeting to enter closed session to discuss possible development of offers for 7901 and 8015 Halstead Drive, a total of 110 acres in Minnetrista. 

Upon reconvening in open session, the managers discussed the status of the Federal Emergency Management Agency floodplain mapping effort, and Mr. Evenson said he will contact the county to see if there is an update on that effort.

The managers also discussed the continued operation of the dam, given they high water levels in the lake and the coming onset of winter.

ADJOURNMENT

There being no further business, the regular meeting of the Minnehaha Creek Watershed District Board of Managers was adjourned at 9:50 p.m.

Respectfully submitted,

Lee Keeley, Secretary