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February 25, 2021 Board Meeting Minutes

MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

 

February 25, 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 7:01 p.m. on February 25, 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 For this reason, until this determination is withdrawn by the District’s presiding officer, chief legal counsel or chief administrative officer, the meetings of the Board and its committees will be convened by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

Rogness:          Absent

Miller: Present

Olson:              Present

Maxwell:         Present

White:             Present.

DISTRICT STAFF AND CONSULTANTS PRESENT

James Wisker, Administrator; Michael Hayman, Project Planning Manager; Chris Meehan, Consulting Engineer; Louis Smith, Chuck Holtman, Counsel; Tiana Towns, Counsel.

MATTERS FROM THE FLOOR

None.

APPROVAL OF AGENDA

Mr. Wisker requested that Resolution 21-016: Approve Assignment of Engineering Services Agreement, be added to the agenda as Item 11.2.  It was moved by Manager Miller, seconded by Manager Maxwell to approve the agenda as distributed with this addition.  Upon vote, roll call vote, the motion carried 6-0-1 as follows:

Hejmadi:         Aye

Loftus:            Aye

Rogness:          Absent

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

CONSENT AGENDA

It was moved by Manager Miller, seconded by Manager Hejmadi, to approve the consent agenda, consisting of approval of the February 11, 2021 board meeting minutes;  the General Checking Account consisting of checks 41460 through 41487 in the amount of $271,592.22; electronic funds withdrawals in the amount of $33,589.18; manager per diems and reimbursement direct deposits in the amount of $2,125.00; employee reimbursements - direct deposits in the amount of $0; and payroll direct deposits in the amount of $154,406.30; for Total General Checking expenses of $461,712.70; the surety checking account charges of $16,030.00; and electronic fund transfer of $0.

Upon roll call vote, the motion carried, 6-0-1 as follows:

Hejmadi:         Aye

Loftus:            Aye

Rogness:          Absent

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

REGULAR AGENDA

Board, Committee and Task Force Reports

President’s Report: President White stated that she had no new report for this meeting.

Citizens Advisory Committee Report:  Manager Olson reported that he attended the recent CAC meeting, which focused on a discussion of the CAC’s role.  CAC members had breakout sessions and reported back with helpful comments on the Phase I assessment work underway. 

President White stated that the upcoming schedule of meetings is as noted in the agenda.

Public Hearings and Presentations

Recognition of Commissioner Randy Maluchnik

President White welcomed former Commissioner Maluchnik to the meeting and read the Resolution Expressing Appreciation for the Service of Carver County Commissioner Randy Maluchnik adopted by the Board of Managers on January 14, 2021.  She thanked Mr. Maluchnik for always being accessible and supportive of the MCWD mission.  Manager Olson recalled the early advice he received from Mr. Maluchnik to promote strong communication and alignment with local partners.  Mr. Maluchnik thanked the Board of Managers for this recognition, stated that he was proud of his association with the MCWD, and looked forward to enjoying the Wassermann project in the future.  Mr. Wisker expressed his gratitude for Mr. Maluchnik’s support of the MCWD. 

Action Items

Resolution 21-015: Confirmation of the Select Developer List for Engagement in the 325 Blake Road Restoration and Redevelopment Project

Mr. Michael Hayman appeared before the board of managers and reviewed the request for board action.  He reviewed the background and process for solicitation of letters of interest from developers.  Ten letters were received, and the staff coordination team and the joint liaison group recommend that Alatus, Greco, Schafer Richardson, Sherman Associates and Wellington Management be selected for continued engagement in the project. 

It was moved by Manager Maxwell, seconded by Manager Hejmadi to adopt Resolution 21-015 as follows:

NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers hereby confirms the Joint Liaison Group’s recommendation of a select developer list, consisting of Alatus, Greco, Schafer Richardson, Sherman Associates and Wellington Management, for continued engagement in the 325 Blake Road Restoration and Redevelopment project.      

Manager Maxwell stated that he was pleased with the enthusiastic interest from developers in this project.  Manager Loftus noted that the summary matrix included information on qualifications, though it was not a submittal requirement.  She asked what weight was given to qualifications in this review process.  Mr. Hayman and President White stated that it was not a factor in the deliberations.  Manager Miller stated that he has known four of the five recommended developers for many years and believes that all are extraordinarily capable and owner-operated. 

Upon roll call vote, the motion carried, 6-0-1 as follows:

Hejmadi:         Aye

Loftus:            Aye

Rogness:          Absent

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

Election of Secretary Pro Tem

President White noted that with Manager Rogness retiring from the board, a Secretary Pro Tem should be elected.  It was moved by President White, seconded by Manager Miller that Manager Maxwell be elected Secretary Pro Tem.

Upon roll call vote, the motion carried, 6-0-1 as follows:

Hejmadi:         Aye

Loftus:            Aye

Rogness:          Absent

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

Resolution 21-016: Approval of Assignment of Engineering Services Agreement

Mr. Wisker noted that Stantec Consulting Services acquired ownership of Wenck and that Wenck will accordingly dissolve as an entity on March 5, 2021.  Stantec has assured the MCWD of the continue of services and requested that all MCWD contracts with Wenck be assigned to Stantec.  

It was moved by Manager Hejmadi, seconded by Manager Loftus to adopt Resolution 21-016 as follows:

NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers hereby approves the assignment of the Wenck engineering services agreements to Stantec and authorizes the administrator on advice of counsel to execute approval of the assignment upon receipt of certificates of insurance from Stantec as required by the agreement, and any other items deemed necessary by counsel. 

Upon roll call vote, the motion carried, 6-0-1 as follows:

Hejmadi:         Aye

Loftus:            Aye

Rogness:          Absent

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

Closed Session: 6430 County Road 26, Minnetrista

President White noted the next item on the agenda, to discuss the status of district financing for the L&P Schaper Properties in Minnetrista.  She noted the presence of Chuck Holtman, Smith Partners, and Tiana Towns, Dorsey & Whitney for this discussion.  It was moved by Manager Maxwell, seconded by Manager Hejmadi to convene in closed session pursuant to attorney‐client privilege, in order to confer with counsel as to legal options with respect to the delinquency on the MCWD note, and with the finding that confidentiality is necessary so that counsel may advise as to the strengths and weaknesses of the options.

Upon roll call vote, the motion carried, 6-0-1 as follows:

Hejmadi:         Aye

Loftus:            Aye

Rogness:          Absent

Miller: Aye

Olson:              Aye

Maxwell:         Aye

White:             Aye

Whereupon the Board of Managers went into closed session.  The Board returned to open session.

Staff Updates

Administrator’s Report

Mr. Wisker reported on the following items: 

  1. The Minneapolis Park and Recreation Board held a public hearing on the Hiawatha Golf Course Property Master Plan; the plan was approved by committee on a vote of 3-2;
  2. MCWD will continue legislative outreach with Joel Carlson and is planning meetings with Senator Patricia Torres Ray, Representative Jamie Long, and Representative Patty Acomb to review the MCWD’s work on high water conditions.

Adjournment

There being no further business, the meeting of the Board of Managers adjourned at 8:43 p.m.

Respectfully submitted,

Eugene Maxwell, Secretary Pro Tem

Minutes Type: 
Board of Managers