MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

September 2, 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 6:58 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.

MANAGERS ABSENT

None.

OTHERS PRESENT

Eric Evenson, Administrator; Renae Clark, Projects Manager; David Mandt, Operations Manager; Becky Houdek, Planner Specialist; Michael Panzer, District Engineer; Michael Welch, Assistant District Counsel.

MATTERS FROM THE FLOOR

None.

APPROVAL OF AGENDA

 

(Manager Casale arrived at this time;7:01 p.m.)

Mr. Evenson requested that the Finance Committee meet after the Board meeting to discuss budget changes.  Manager Keeley moved, seconded by Manager Blixt, to approve the agenda.  Upon vote, the motion carried.

CONSENT AGENDA

Mr. Evenson requested the removal of the August 19, 2010, minutes from the consent agenda.  Manager Keeley moved, seconded by Manager Casale, to approve the consent agenda, consisting of resolution 10-068, authorizing the award of a contract for maintenance dredging of Twin Lakes and Amelia Ponds to Peterson Companies in the amount of $98,530, authorizing the administrator to execute the construction contract and to return and otherwise administer bid bonds, establishing a project construction budget of not-to-exceed $108,383, authorizing the administrator in his judgment and on advice of counsel to authorize change orders and authorizing the administrator to issue notice to proceed to Peterson Companies on receipt of a signed contract and advice of counsel, required bonds and insurance documentation; resolution 10-075, directing staff to implement the District rules consistently and affirming the policy that riprap will not be considered floodplain fill; and receiving a letter on the Woodland Cove development from Michael Pressman.  Upon vote, the motion carried.

REGULAR AGENDA

Committee and Task Force Reports

Manager Keeley reported on the Citizens Advisory Committee (CAC) meeting, noting that zebra mussels and aquatic invasive species were discussed. Becky Houdek appeared and stated that two applications for cost-share funding were reviewed by the CAC and will come before the Board in the near future. 

Manager Shekleton reported that the Information Technology Committee continues to work with staff and consultants on upgrades to the District website.  Manager Casale added that the committee discussed the need to replace the District phone system. 

(Manager Miller arrived at this time; 7:05 p.m.)

The Bushaway Road Committee received a report on the District’s involvement in the project, affirming that the District will not be reviewing and approving road designs. 

Manager Casale reported that at the September 1 Rulemaking Task Force meeting James Wisker refreshed members’ understanding of the proposed stormwater rule revisions.  The members seem to be on the same page with regard to the components of the rule, though the members asked Mr. Wisker to review the sequencing of stormwater-management practices in the rule and revise it so that infiltration is not necessarily higher on the priority scale than other forms of abstraction. 

Manager Keeley reported that at the recent meeting of the Aquatic Invasive Species Task Force discovery of new zebra-mussels infiltrations in Brown’s and Carmen’s bays were discussed.  She said the Lake Minnetonka Conservation District is circulating a resolution asking for a legislative amendment so funds collected from violators of invasive species laws be collected by the local government when its officer issues the citation rather than going to the Department of Natural Resources (DNR) invasive species account to incentivize local officers to enforce the law. 

Manager Calkins noted the receipt of a letter from Carver County Commissioner Randy Maluchnik, stating that the county asks the District to work with the City of Victoria on water-quality improvements at Wasserman Lake rather then purchasing property near the lake. 

Manager Calkins reviewed the schedule of upcoming committee meetings.  Mr. Evenson noted the need to reschedule the September 8 Personnel Committee meeting and suggested that he check whether September 15 will work for Sarah Noah, the District’s human resources consultant.  Manager Casale stated that a Rulemaking Task Force meeting is tentatively scheduled for September 30.  An Information Technology Committee meeting is scheduled for September 28 at St. Louis Park City Hall.  Mr. Evenson added a meeting of the Legislative Committee, consisting of Managers Miller and Casale on September 8.  Mr. Evenson also said that prior to the first regular District meeting in October, the Violations Committee will need to meet to review a large wetland violation on a private property along Highway 7.  Noting that Manager Klingelhutz was the chair of the Violations Committee, Manager Calkins appointed Manager Shekleton to serve on the committee.

Minutes of August 19, 2010

Mr. Evenson explained the need to remove several words from the report on invasive species given by Dr. Singh at the meeting.  Manager Casale moved, seconded by Manager Keeley, to approve the August 19 minutes as amended.  Upon vote, the motion carried.

Modification of the Painter Creek/Highway 28 Weir

Ms. Clark presented a request for approval of a modified design for the weir on Painter Creek at Highway 26. The change is needed to correct failures in the original design and construction.  Ms. Clark requested a change in the resolution in the meeting packets, made at the request of counsel.  Ms. Clark explained District staff worked with Wenck Engineering and Emmons and Olivier Resources to revise the weir design to accomplish the goals of the project.  Manager Casale moved, seconded by Manager Shekleton, to adopt resolution 10-076, approving the recommended weir redesign, authorizing District staff to reinitiate the prior ditch proceeding in the matter and receive an engineer’s report, and to present construction drawings to the Board.  Upon vote, the motion carried. 

Communication Contract for Service with TDS Communications

Mr. Mandt appeared before the Board and presented staff recommendation to enter a new five-year contract with TDS Communications for voice and data services.  Mr. Mandt explained that the District’s current phone system is breaking down and becoming obsolete and needs to be replaced.  In response to a question from Manager Miller, Mr. Mandt explained that the current cost paid by the District is $639 a month and the expected cost under the new contract is roughly $810 a month.  Manager Miller moved, seconded by Manager Keeley to adopt Resolution 10-077, authorizing the administrator to enter a communications contract upon advice and consent of counsel.  Upon vote, the motion carried.

Legislative Update

Mr. Evenson presented three recommended resolutions for the Minnesota Association of Watershed Districts’ legislative agenda.  He stated that the first is the already mentioned change to the invasive species statute, directing civil penalties to the enforcing body instead of the state invasive species fund when the local body issues the citation.  The second resolution recommended by staff is a red lake/green lake tag system similar to that implemented by authorities in the Lake Tahoe region.  Finally Mr. Evenson said that in a recent meeting, DNR staff suggested that the District seek the ability to record its enforcement orders against violator’s property deed.  He stated that this would ensure that a new buyer would assume the compliance responsibility. After some discussion, the managers agreed that these legislative efforts should be further developed. 

ADJOURNMENT

There being no further business, the meeting of the Minnehaha Creek Watershed District Board of Managers was adjourned at 7:50 p.m.

Respectfully submitted,

Lee Keeley, Secretary\