MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

October 1, 2009

CALL TO ORDER

The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President James Calkins at 7:05 p.m. at the District offices, 18202 Minnetonka Boulevard, Deephaven, Minnesota. 

MANAGERS PRESENT

James Calkins, Pamela Blixt, Richard Miller, Lee Keeley, Jeffrey Casale, Michael Klingelhutz and Brian Shekleton.

MANAGERS ABSENT

None.

OTHERS PRESENT

Eric Evenson, District Administrator; Nat Kale, District Planner; James Wisker, District Program Coordinator; Natalie White, District Maintenance Technician; Steve Christopher, District Regulatory Program Manager; Michael Panzer, District Consulting Engineer; Chuck Holtman, District Counsel.

MATTERS FROM THE FLOOR

None.

APPROVAL OF AGENDA

It was moved by Manager Klingelhutz, seconded by Manager Shekleton to approve the agenda with the deletion of solicitation of proposals for building site evaluation and discussion of a potential real estate acquisition in City of Minnetrista; moving the City of Tonka Bay local plan approval to the action agenda; and adding a discussion item concerning a program and project audit.  Upon vote, the motion carried.

CONSENT AGENDA

It was moved by Manager Keeley, seconded by Manager Casale  to approve the consent agenda, consisting of the September 17, 2009 minutes; cooperative agreement for vegetation maintenance at Twin Lakes Park, City of St. Louis Park; and retention of HLB Tautges Redpath to prepare 2009 audit.  Upon vote the motion carried.

REGULAR AGENDA

Committee and Task Force Reports

 

Manager Klingelhutz reported that the Citizen’s Advisory Committee (CAC) requests that the District supply someone to take minutes at meetings.  The CAC would like to review the herbicide benefit-cost literature review proposals and offer recommendations before the proposals go to the Board.  The CAC has begun to set its year’s priorities.

It was moved by Manager Blixt, seconded by Manager Keeley to direct staff to provide an intern to take minutes at CAC meetings.  It was moved by Manager Miller, seconded by Manager Casale to amend the main motion to provide that the administrator will supply a minute taker for CAC meetings.  Manager Blixt commented that use of an intern would provide that intern an opportunity for a different sort of engagement.  Mr. Evenson agreed but noted that if an intern is not available, it would be good for him to have the flexibility to supply someone else.  Upon vote, the motion carried 6-1 (Manager Blixt opposed).  Upon vote, the main motion, as amended, carried. 

Manager Shekleton reported that the Information Technology (IT) Committee had a productive meeting.  The District’s consultant was directed to move forward on the SharePoint pilot involving meeting packets.  The committee has reviewed the work product and it looks very good.  The committee has reviewed a five-year IT budget and will continue to do so at the next meeting.  A request for proposals is being developed for website development.  The committee also discussed cell phone use policy and a phone systems upgrade. 

Manager Calkins reported that the Legislative Committee met.  With respect to the 2009 legislative initiatives as summarized in the meeting packet, Joel Carlson will work on administrative penalty order authority (Item 1).  The committee concurred that the District should look for the Minnesota Association of Watershed Districts (MAWD) to take the lead on funding for invasive species research and control (Item 3).  Regarding Wetland Conservation Act (WCA) oversight (Item 4), the committee discussed the extent to which the District could take action under present authority by contacting the Minnesota Board of Water and Soil Resources and also discussed a more rigorous process to assign local government unit authority under WCA.  Regarding a general permit for aquatic plant management (Item 6), the Minnesota Department of Natural Resources is uncomfortable with delegating this authority generally to watershed districts.

The committee discussed District authority to regulate herbicide use in stormwater ponds and concluded that an exemption from the Minnesota Department of Agriculture likely would be needed. The committee also discussed the District’s authority to quarantine lakes with invasives and believes this issue should be pursued by both the District and MAWD in parallel.  Finally, the committee discussed property tax incentives for stormwater improvements.  Mr. Evenson noted that MAWD needs resolutions from watershed districts by October 9, 2009.

The Awards Committee will meet on October 8, 6:15 p.m., at the District offices.  The IT Committee will meet on October 28, 4:30 p.m., at the St. Louis Park City Hall.  The Citizen’s Advisory Committee will meet on October 22, with Manager Shekleton attending on behalf of the Board.

Permit 09-232, Three Rivers Park District

Mr. Christopher described the proposed work, which involves replacement of a failing culvert at the West Auburn Lake outlet near a DNR boat launch in the City of Victoria.  The culvert will be replaced in current dimensions and invert.  Mr. Christopher reviewed conformance of the design with the District’s waterbody crossing and floodplain alteration rules.  The project will add 780 square feet of hard surface.  Mr. Christopher recommends approval with a condition that the culvert and buffer be maintained per the terms of an October 11, 2007 programmatic maintenance agreement between the parties.  Mr. Christopher noted there is already a 35-foot buffer on the wetland below the outlet. 

Manager Blixt asked whether the proposal conforms with the District’s recently discussed policy regarding culvert design.  Mr. Christopher replied that the applicant represented that more fill would be required for a bridge or larger culvert.  Mr. Panzer agreed that the existing and replacement culverts are not barriers to wildlife.  The culvert bank slope and low level of road use allow for wildlife to cross.  Mr. Christopher noted that the slope adjacent to the culvert will be reduced to about 2:1. 

Responding to Manager Casale’s question, Mr. Panzer stated that the replacement culvert is slightly longer than existing but otherwise of the same dimensions.  Mr. Christopher said that the road is solely for boat launch access and is a dead end.  Manager Calkins asked whether the culvert would receive high flows during storms.  Mr. Panzer replied that it is an equalizing culvert so in general there are minimal flows.  Manager Calkins asked whether there are any flooding problems upstream. 

John Barton, Three Rivers Park District (TRPD), distributed a letter from the TRPD wildlife manager reviewing the adequacy of the culvert for wildlife passage.  He stated that there is some flooding on Lake Zumbra upstream, but two flow restrictions exist between the West Lake Auburn outlet and Lake Zumbra.  Manager Blixt commented that the letter addresses her wildlife crossing concerns.

It was moved by Manager Casale, seconded by Manager Miller to approve the permit in accordance with staff recommendations.  Upon vote, the motion carried.

Authorization to  Release Proposed Wetland Protection Rule (Rule D) for Public Comment

Mr. Wisker presented a short memorandum proposing additional language in the rule providing that non-qualifying road projects and private projects could purchase wetland bank credits from the District as an alternative to replacement outside the watershed.  He advised that staff would intend to distribute the propose rule next week after Board approval of an accompanying letter to county board members.  The wetland protection and shoreline improvements rules would be distributed for comment together.

It was moved by Manager Klingelhutz, seconded by Manager Miller to approve the rule for public review with the change recommended in the memorandum.  Manager Calkins noted that the wetland buffer requirement is only triggered by activity subject to certain District rules, and asked whether the trigger should be reviewed.  Mr. Wisker advised that the present trigger reflects activity that could create a threat to the wetland.  He said that staff and legal counsel will note in the rulemaking materials that the trigger may be further reviewed.  The Board concurred. 

Manager Calkins asked that staff proceed similarly with respect to his previously expressed concern that the permitted access width of 50 feet under the proposed shoreline improvement rule may be excessive in light of standards used elsewhere.  Mr. Wisker replied that staff already is already reviewing that issue and intends to adjust the access width to 30 feet before the rule goes out for comment.  Mr. Wisker said, finally, that legal counsel is preparing a statement of need and reasonableness for proposed Rule D that will include justification for the buffer widths.  Upon vote, the motion carried.

Authorization to Obtain 2012 Feasibility Study Proposals

Mr. Wisker presented a request for board action authorizing the administrator to solicit proposals for five capital projects identified in the watershed plan.  Mr. Evenson noted that the proposed project slate is consistent with the capital improvement program as approved by the Board earlier this year.  It was moved by Manager Miller, seconded by Manager Shekleton to adopt Resolution 09-100 as proposed.  Upon vote, the motion carried.

City of Tonka Bay Local Plan Approval

Mr. Kale presented the staff review of the Tonka Bay local water plan.  It was moved by Manager Miller, seconded by Manager Casale to adopt Resolution 09-101 as presented, approving the local plan conditioned, on execution of a memorandum of understanding.  Manager Calkins noted the city’s reliance on street sweeping for phosphorus removal and asked when measurement of phosphorus content had been made.  Mr. Kale replied that the city sweeps in spring, summer and fall and believes the figures are from August.  He understands that the sweepings were sampled every mile and composited.  Mr. Kale noted that because the percent phosphorus content is higher than has been reported elsewhere, staff is recommending a condition of further testing.  Manager Klingelhutz suggested the value of the District’s establishing a permitted range for what cities can claim from street sweeping.  Mr. Kale replied that Todd Shoemaker at Wenck Associates performed a literature review and concluded that phosphorus content depends too much on local conditions to establish standard figures.  In this case, Mr. Kale noted, the city’s proposal is based on actual conditions.  Upon vote, the motion carried.

City of Tonka Bay Memorandum of Understanding

It was moved by Manager Keeley, seconded by Manager Klingelhutz to adopt Resolution 09-102 as presented, authorizing the Board chair to execute a memorandum of understanding with the City of Tonka Bay concerning local plan implementation.  Upon vote, the motion carried.

DISCUSSION AGENDA

Minnehaha Creek Corridor Planning Update

Mr. Wisker presented Larry Blackstad, who is facilitating meetings with cities along the corridor.  Mr. Blackstad introduced himself as a private consultant who used to be the Hennepin Community Works manager and spent ten years developing the program for Hennepin County.  Currently, he is the Board chair of the TRPD.  He cautioned that he does not speak for the county or the TRPD.  Mr. Blackstad presented a PowerPoint showing the principles and goals of the Hennepin Community Works partnership model, its operating methods and the opportunities it could provide for corridor work.

Manager Shekleton stated that as among the partners, Hennepin County has the best overall capacity, but he is concerned that a champion on the county board is required and does not presently exist.  Mr. Blackstad concurred, to the extent that accessing the county’s capital budget is of primary importance.  He is not certain how this partnership would structure its funding.  Manager Miller noted that the Blake Road redevelopment in the City of Hopkins should look more broadly and include all of Reach 7 of the creek.  Manager Blixt noted that county funds are tight and therefore it is unlikely that the county would devote a staff person to the partnership.

Manager Shekleton emphasized that productive partnerships are difficult to sustain and that a county board member would be needed to make calls and ensure that partnership work continues to move productively.  Manager Blixt suggested that it would be appropriate to explore the partnership with Commissioner Dorfman.  Manager Keeley suggested that Commissioner Callison also may have an interest. 

Manager Calkins noted that the City of Minnetonka has fairly extensive plans for its portion of the corridor, which have not greatly involved the District to date.  If the partnership is to be based on agreed goals and projects are to follow those goals, he is concerned about this major part of the corridor work.  Manager Miller noted that the project scope in that area has been narrowed as a result of disagreement among Hennepin County commissioners.  As a result, the Minnetonka Boulevard redesign is in question.  Manager Calkins is very concerned that the Minnetonka proposal will come to the District for permitting as a final design and the District will not be satisfied.

It was moved by Manager Shekleton, seconded by Manager Blixt to direct staff to move toward creation of a partnership along the lines of the Hennepin Community Works model, with Hennepin County intended as the lead organization.  Upon vote, the motion carried.

2010 MAWD Legislative Agenda

It was moved by Manager Blixt, seconded by Manager Miller to approve the 2009 Legislative Initiatives as presented in the Board memorandum.  Upon vote, the motion carried 6-0 (Manager Shekleton momentarily absent).

Project/Program Audits

Mr. Evenson suggested an internal audit process where a Board member with concerns regarding a specific program or project can prepare a list of questions for the Administrator’s response in a public setting.  Manager Calkins noted that he favors this mechanism as a means to bring concerns forward and address issues before they become a problem.  The Board generally concurred in the concept.  Mr. Evenson noted the education/community program and the Minnehaha Glen project as matters in which Board members have shown this type of interest.  Manager Miller added that there are issues regarding the Land Conservation Program that have been raised.

Mr. Evenson noted that he is working on an improved new manager orientation program.  He also presented another idea that would involve a three-manager oversight committee for each of the District’s six program areas.  The committee would meet twice a year, first to provide a sounding board in program development and again early in the calendar year to review staff accomplishments.  Manager Calkins noted the importance of allowing staff to develop and control its programs.  Manager Miller emphasized the need for a standard protocol governing committee operation and reporting.  Manager Klingelhutz stated that it is the Administrator’s role to review work plans with staff.  Mr. Evenson concurred and stated that his review is central to staff performance reviews.

Managers Calkins and Miller expressed concern that the committee would need to avoid making recommendations, allow staff to own its programs and allow the Administrator to remain accountable.  Manager Miller emphasized that the Board’s role is to set policy.  Manager Klingelhutz concurred that the Administrator’s job is to ensure that staff activities meet the District’s goals.

Manager Calkins observed that the managers do not have an opportunity to review work plans deeply.  This will allow review to occur earlier, to avoid issues arising unhelpfully at a later time.  In addition, he suggested that committees can offer input to help staff refine plans to meet full Board approval. 

Manager Blixt suggested that Manager Calkins work with Mr. Evenson to prepare a concrete proposal. Manager Calkins concurred.

ADJOURNMENT

There being no further business, the regular meeting of the Minnehaha Creek Watershed District Board of Managers was adjourned at 9:20 p.m.

Respectfully submitted,

Lee Keeley, Secretary