Skip to main content

April 22, 2021 Board Meeting Minutes

MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

 

April 22, 2021

 

CALL TO ORDER

The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President Sherry White at 7:03 p.m. on April 22, 2021. President White noted that this meeting was convened electronically through WebEx, pursuant to Minnesota Statutes 13D.021, due to the COVID-19 pandemic and her determination that it is not prudent for the Board of Managers, or any committee thereof, to meet in person, and it is not feasible to provide for any member of the Board, or of the public, to meet at the regular meeting location. For this reason, until this determination is withdrawn by the District’s presiding officer, chief legal counsel or chief administrative officer, the meetings of the Board and its committees will be convened by telephone or other electronic means as the presiding officer determines appropriate. All such meetings will be noticed and conducted in accordance with §13D.021 and all other applicable terms of the Open Meeting Law. President White noted that, pursuant to §13D.021, all votes will be by roll call.

President White called the roll to note attendance:

Hejmadi:         Present

Loftus:            Present

Sando:             Present

Miller: Present

Olson:              Present

Maxwell:         Present

White:             Present.

DISTRICT STAFF AND CONSULTANTS PRESENT

James Wisker, Administrator; Tom Dietrich, Permitting Program Manager; Grace Barlow, Permitting Technician; Brian Beck, Research & Monitoring Program Manager; Elizabeth Froden, Field Assistant; Laura Domyancich-Lee, Planner-Project Manager; Chris Meehan, Consulting Engineer; Louis Smith, Counsel.

MATTERS FROM THE FLOOR

None.

APPROVAL OF AGENDA

President White noted that Manager Hejmadi will present the Metro MAWD Quarter Report at Item 8.1.  It was moved by Manager Miller, seconded by Manager Maxwell to approve the agenda with this revision.  Upon roll call vote, the motion carried 7-0 as follows:

Hejmadi:         Aye

Loftus:            Aye

Sando:             Aye

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

STAFF INTRODUCTION

Mr. Brian Beck appeared before the Board of Managers and introduced Ms. Elizabeth Froden as a new field assistant with the District.  The managers welcomed Ms. Froden to the District.

CONSENT AGENDA

It was moved by Manager Sando, seconded by Manager Hejmadi, to approve the consent agenda, consisting of approval of the April 8, 2021 board meeting minutes;  the General Checking Account consisting of checks 41512 through 41537 in the amount of $233,687.75; electronic funds withdrawals in the amount of $28,607.88; manager per diems and reimbursement direct deposits in the amount of $3,500.00; employee reimbursements - direct deposits in the amount of $974.14; and payroll direct deposits in the amount of $152,115.15; for Total General Checking expenses of $418,884.92; the surety checking account bank service charge of $30.00; and electronic fund transfer of $52,461.58 for office building refinance; and adoption of the following resolution:

Resolution 21-029: Authorization to Submit Annual Report to the Board of Water and Soil Resources and Department of Natural Resources

NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers accepts the 2020 Annual Activity Report and authorizes its release to BWSR and DNR.. 

Upon roll call vote, the motion carried, 7-0 as follows:

Hejmadi:         Aye

Loftus:            Aye

Sando:             Aye

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

REGULAR AGENDA

Board, Committee and Task Force Reports

President’s Report: President White reported that the liaison members and staff have been preparing for the developer selection phase of the 325 Blake Road project.

Policy and Planning Committee Report: Manager Miller reported that the Committee heard a presentation from Mr. Wisker concerning an overview of the 2022 budget.

Citizens Advisory Committee Report: Manager Miller reported that the CAC discussed at its most recent meeting the CAC assessment process and noted that the Committee desired to have the Board of Managers establish its scope in order to be useful in meeting the needs of the District. 

President White reviewed the upcoming schedule of meetings as noted in the agenda, noting that she would be attending the Citizens Advisory Committee meeting of May 19.

Permits Requiring a Variance or Discussion

Permit 20-591: City of Shorewood – Glen, Amlee, Manitou Road Reconstruction

Ms. Grace Barlow appeared before the Board of Managers and reviewed the permit report.  She noted that the District had received a request from a member of the public for Board review of the application.  Ms. Barlow reviewed the scope of the proposed project, and noted the staff assessment of compliance with each of the applicable rules.  Upon a question from Manager Maxwell, Ms. Barlow stated that a resident had contacted the District to discuss the project, specifically the District’s jurisdiction and scope of review of the project.

Mr. Rich Eng appeared before the Board of Managers and expressed his concern that Gideon Pond is already full and cannot accept more water.  Ms. Cathy Anton appeared before the Board of Managers and asked about the sizing of the culverts, specifically the point at which the 48 inch culvert is connected to a 15 inch culvert.  Mr. Chris Meehan and Ms. Barlow noted that the stormwater management plan for the project provides adequate stormwater treatment as required by the District rules, and that volume control is not required for this project.  Mr. Meehan explained that the 48 inch culvert provides a basin equalizing function and the 15 inch culvert provides rate control. 

It was moved by Manager Olson, seconded by Manager Maxwell to approve the permit application with the conditions recommended by staff in the permit report.  Upon a question from Manager Miller, Mr. Meehan explained the location of the Gideon Glen pond and noted that it is not hydraulically connected to this project.  Upon a question from Manager Loftus, Mr. Meehan noted that the proposed project does not exacerbate the freeboard condition of an existing structure, and provides a slight level lowering to increase the freeboard.  Mr. Andrew Budde, representative of the City of Shorewood stated that the project includes installation of curb and gutter to city standards, though narrowed at points.

There being no further discussion, Upon roll call vote, the motion carried 7-0 as follows:

Hejmadi:         Aye

Loftus:            Aye

Sando:             Aye

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

Action Items

Resolution 21-030: Review and Accept 2020 Financial Audit

Mr. Andrew Hering of Redpath and Company appeared before the Board of Managers to review the 2020 financial audit.  He noted in summary that the audit opinion is that the financial statements are fairly presented in all material respects, what he termed a clean unmodified opinion.  Mr. Hering noted that there were no material weaknesses in internal controls, and that the legal compliance found no instances of noncompliance.  Mr. Hering further noted amounts in which financial assurances have been held for a lengthy time or in which the permitee can no longer be identified.  President White stated that the Executive Committee had met to review the audit and recommends acceptance, and also recommends that the staff develop a plan to address the aged sureties.

It was moved by Manager Miller, seconded by Manager Loftus to adopt Resolution 21-030 as follows:

NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers hereby accepts the 2020 Annual Financial Report, and directs the District Administrator to transmit it to the Minnesota State Auditor, the Minnesota Board of Water and Soil Resources, Wells Fargo, and Hennepin and Carver County..

Upon roll call vote, the motion carried, 7-0 as follows:

Hejmadi:         Aye

Loftus:            Aye

Sando:             Aye

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

Resolution 21-031: Authorization of 2020 End of Year Fund Transfers and Closures

Mr. James Wisker appeared before the Board of Managers and reviewed the request for board action, noted that pursuant to the audit, the staff has identified a number of transfers between sub-funds for the purposes of closing out sub-funds that are no longer needed, or to remove negative balances, as summarized in the resolution.

It was moved by Manager Miller, seconded by Manager Hejmadi to adopt Resolution 21-031 as follows:

NOW, THEREFORE, BE IT RESOLVED, that the Minnehaha Creek Watershed District Board of Managers hereby accepts the proposed transfers and fund closures within Management Planning Fund.

Upon roll call vote, the motion carried, 7-0 as follows:

Hejmadi:         Aye

Loftus:            Aye

Sando:             Aye

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

It was moved by Manager Olson, seconded by Manager Maxwell to direct the Administrator to review the aged financial assurances and recommend actions to address or resolve them.

Upon roll call vote, the motion carried, 7-0 as follows:

Hejmadi:         Aye

Loftus:            Aye

Sando:             Aye

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

Resolution 021-032: Authorization to Amend Wassermann Alum Design Contract with Stantec

Ms. Laura Domyancich-Lee appeared before the Board of Managers to review the request for board action.  She noted that the original Stantec contracts for this project included the provision of very limited construction oversight for the alum applications with the majority of the oversight and administrative tasks to be managed by MCWD staff. Fortunately, the accepted quotes for the alum applications are lower than what was estimated in the grant budgets. As such, MCWD staff recommend that this available grant funding be allocated to additional construction oversight by Stantec not to exceed $15,600 as detailed in Attachment 3: Wassermann Alum Application Construction Oversight Contract Amendment. The additional construction oversight is to include supplementary monitoring of water chemistry during the treatments, verification of dosing across the treatment areas, and compilation of treatment records to comply with reporting requirements.

It was moved by Manager Olson, seconded by Manager Sando to adopt Resolution 21-032 as follows:

NOW, THEREFORE, BE IT RESOLVED that the MCWD Board of Managers authorizes the District Administrator to execute a contract amendment with Stantec to perform additional construction oversight of the Wassermann alum treatments.

Upon roll call vote, the motion carried, 7-0 as follows:

Hejmadi:         Aye

Loftus:            Aye

Sando:             Aye

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

Staff Updates

Administrator’s Report

Mr. Wisker reported on the following items:

1. Staff is continuing to work with Mr. Carlson on outreach to the Legislative Citizens Commission on Minnesota Resources concerning the District’s application for a 2D model.

2. Staff continues to work on the developer selection process for the 325 Blake Road project.  Staff is preparing answers to developers’ questions and preparing for an upcoming liaisons meeting.  Partnership discussions with staff of Hennepin County, Three Rivers Park District, and the Metropolitan Council continue.

3. Lake Minnetonka is at 929.2 and the Gray’s Bay dam remains closed as this time. 

Adjournment

There being no further business, the meeting of the Board of Managers adjourned at 8:33 p.m.

Respectfully submitted,

Eugene Maxwell

Secretary

Minutes Type: 
Board of Managers