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May 10, 2018 Board Minutes

MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

 

May 10, 2018

 

CALL TO ORDER

 

The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President Sherry White at 7:02 p.m. on May 10, 2018 at the District Office, 15320 Minnetonka Boulevard, Minnetonka, Minnesota.

 

MANAGERS PRESENT

 

Sherry White, Brian Shekleton, Richard Miller, Kurt Rogness, William Olson, William Becker, and Jessica Loftus.

 

MANAGERS ABSENT 

 

None.

 

DISTRICT STAFF AND CONSULTANTS PRESENT

 

Also Present: James Wisker, Administrator, Cathy Reynolds, Operations Manager; Katherine Sylvia, Permitting Program Manager; Elizabeth Showalter, Permitting Technician; Laura Domyancich, Planner-Project Manager; Chris Meehan, District Consulting Engineer; and Louis Smith, District Counsel.

 

APPROVAL OF AGENDA

 

It was moved by Manager Miller, seconded by Manager Rogness, to approve the agenda as distributed.  Upon vote, the motion carried, 7-0.

 

CONSENT AGNEDA

 

It was moved by Manager Rogness, seconded by Manager Shekleton, to approve the Consent Agenda, including the Board minutes of April 26, 2018; and Resolution 18-046: Authorization to Transfer $171,155.81 from the 325 Blake Road Capital Account to the 325 Blake Road Operations Account as follows:

 

 NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers authorizes the transfer of $171,155.81 from the 325 Blake Road Capital Account (fund ending 017) to the 325 Blake Road Operations Account (fund ending 025) to uphold standard operating expenses.

Upon vote, the motion carried, 7-0.

 

REGULAR AGENDA

 

Board, Committee, and Task Force Reports

 

President’s Report:

 

President White noted that she and MCWD staff met recently with Hennepin County Commissioner Peter McLaughlin to review the technical information and agency roles concerning Lakes Nokomis and Hiawatha.  She also noted the meeting on May 9 of the Joint Working Group to conduct interviews for the selection of a master developer for 325 Blake Road, and a report will be on the May 24 agenda.    

 

Operations and Programs Committee: 

 

Manager Loftus reported that the Committee met earlier in the evening.  The Committee received updates on the Quarter 2 budget projection, 325 Blake Road, IT Plan goals and processes, and operations issues.

 

PERMITS REQUIRING A VARIANCE OR DICUSSION

 

Permit 18-162: 19700n Manor Road, Deephaven

 

Ms. Katherine Sylvia appeared before the Board of Managers and reviewed the permit application.  She noted that the application is for a permit for erosion control and wetland protection for the construction of a single-family home within a two-lot subdivision at 19700 Manor Road in the City of Deephaven.  She explained that one wetland was identified on-site, triggering the buffer provision of the wetland protection rule. Ms. Sylvia noted that the permit was before the Board of Managers at the request of a member of the public who was concerned about possible impacts to the wetland from the project.  Staff provided further information and the person’s concerns were addressed.  All required exhibits have been submitted, and the application meets the requirements of District Rules.  There being no further discussion, it was moved by Manager Shekleton, seconded by Manager Becker, to approve the permit application with the conditions recommended by staff.  Upon vote, the motion carried, 7-0.

 

Permit 18-002: Marx Subdivision, 2700 Parkview Drive, Medina

 

Ms. Elizabeth Showalter appeared before the Board of Managers to review the variance request and permit application.  She noted that this site is also on the agenda for approval of the MCWD’s conservation easement and related agreements.  Ms. Showalter reviewed the site plan in detail, and explained that the permit application reflects two phases of work: a first phase to construct a driveway related to subdivision of the site, and also stormwater management for future home sites based on assumed and modeled conditions.  She stated that when the individual home sites apply for erosion control permits, the actual plans will be reviewed for comparison to the modelled conditions and adjustments to the stormwater management plans and wetland protection will be made as necessary at that time.  By reviewing these changes as permit amendments rather than new permits, she explained, the permitting process for the homes will be more effective. 

 

Ms. Showalter reviewed the request for variance from the buffer requirements of the wetland protection rule as set forth in detail in the staff report.  It was moved by Manager Miller, seconded by Manager Rogness, to approve the variance based on the findings set forth in the staff report.  Manager Miller asked if the proposed project will result in any additional stormwater runoff to Long Lake, and Ms. Showalter explained that there will be a slight increase in bounce and inundation to the wetland within acceptable limits of the rules, and that any impact to Long Lake would be very attenuated.  Mr. Meehan noted that the best management practices required for the site will improve water quality, though would result in an increase in volume.    Upon vote, the motion to approve the variance carried, 7-0.

 

It was moved by Manager Miller, seconded by Manager Becker, to approve the permit application with the conditions recommended by staff.  Mr. Smith suggested an additional condition to the permit, specifically noting that the stormwater management plan using rain gardens for the single family homes is based on modelled conditions as submitted by the applicant, and shall be adjusted through permit amendment as the actual impervious surface e and grading plans for the individual homes may require to address the cumulative impacts of the entire developmentIt was moved by Manager Miller, seconded by Manager Shekleton to amend the motion as suggested by Mr. Smith.  Upon vote, the motion for the amendment carried, 7-0.  Upon vote, the motion to approve the permit application as amended carried, 7-0.

 

ACTION ITEMS

 

Resolution 18-047: Authorization to Submit Comments to MPCA Regarding Draft Construction Stormwater Permit

 

Ms. Elizabeth Showalter appeared before the Board of Managers to review the request for board action.  She noted that staff would be working with legal counsel to coordinate review of the proposed comment letter, but that any revisions would be within the scope of the proposed comments.  Following discussion, it was moved by Manager Skeleton, seconded by Manager Becker to approve the request for board action, subject to review and refinement with legal counsel.  Upon vote, the motion carried, 7-0.

 

Resolution 18-048: Authorization to Execute an MOU with the City of Medina for School Lake Preserve Easement Enforcement and to Execute an Indemnification Agreement for School Lake Preserve Public Trails and to Execute the School Lake Preserve Conservation Easement

 

Ms. Laura Domyancich appeared before the Board of Managers to review the request for board action.  She noted the history of the MCWD’s involvement with this site and board discussions.  She explained the several approvals requested as set forth in detail in the staff report.  The MCWD will hold a conservation easement on the site; the MCWD will enter into a Memorandum of Understanding with the City of Medina about easement enforcement; and the MCWD will be indemnified by the City of Medina for any occurrences or claims relating to trail use, except to the extent arising from the District’s own negligence. 

 

Following discussion, it was moved by Manager Becker, seconded by Manager Rogness to adopt Resolution 18-048 as recommended by staff.  Manager Becker asked about the permitted uses on the trails and the trail composition.  Ms. Domyancich explained that the trails would be crushed rock and for non-motorized use only.  President White noted language in the conservation easement concerning conservation value of addressing climate change.  There being no further discussion, upon vote, the motion carried, 7-0.  Mr.  Michael Pressman appeared before the Board of Managers on behalf of Mr. Marx to thank the board for its work.  He noted the history of various efforts to achieve conservation goals at this site, and the opportunity presented by the use of PUD density credits.  The managers thanked Mr. Pressman.

 

Resolution 18-049: Authorization to Contract with OPG3 for Laserfiche

 

Ms. Cathy Reynolds appeared before the Board of Managers to review the request for board action.  She noted the need to update the MCWD’s licenses for use of Laserfiche, which included a package of participant licenses for use of the system by managers.  She stated that the proposed board action would bring the MCWD current with its licenses and also authorize training with the system.  Manager Olson stated that he felt that the participant license for managers was unnecessary and the other managers agreed.  It was moved by Manager Shekleton, seconded by Manager Rogness, to adopt Resolution 18-049, but omitting the participant licenses for managers, which would reduce the cost by $1,467.30.  Upon vote, the motion carried.

 

STAFF UPDATES

 

Administrator’s Report:  Mr. Wisker reported on the following items:

 

  • Joint Working Group and Southwest Community Works Blake Road Subcommittee meeting:  these groups met for the developer interviews on May 9, and a recommendation will be brought to the May 24 Board meeting;
  • Lake Minnetonka level is currently at 929.4 and Minnehaha Creek is currently discharging at 100 cfs;
  • Staff and legal counsel are continuing to work to address Carver County concerns with possible MCWD default and insolvency; Mr. Smith reviewed how the proposed process would work through the individual capital improvement hearings and later budget and levy adoption, without additional duplicative hearing processes; the managers stated that they found this process acceptable.

 

ADJOURNMENT

 

There being no further business, the meeting of the Board of Managers was adjourned at 8:02 p.m.

 

Respectfully submitted,

Kurt Rogness, Secretary

Minutes Type: 
Board of Managers