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May 24, 2018 Board Minutes

 MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

 

May 24, 2018

 

CALL TO ORDER

 

The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order at 7:04 p.m. on May 24, 2018 at the District Office, 15320 Minnetonka Boulevard, Minnetonka, MN.

 

MANAGERS PRESENT

 

Sherry White, Brian Shekleton, Kurt Rogness, William Olson, and William Becker.

 

MANAGERS ABSENT 

 

Richard Miller, Jessica Loftus.

 

DISTRICT STAFF AND CONSULTANTS PRESENT

 

Also Present: James Wisker, Administrator, Cathy Reynolds, Operations Manager; Michael Hayman, Senior Project Planner; Katherine Sylvia, Permitting Program Manager; Heidi Quinn, Permitting Technician; Elizabeth Showalter, Permitting Technician; Laura Domyancich, Planner-Project Manager; Renae Clark, Policy and Grants Coordinator; Chris Meehan, District Consulting Engineer; and Louis Smith, District Counsel.

 

MATTERS FROM THE FLOOR

 

Paul Silverstein, 555 Oak Ridge Place, Hopkins, appeared before the Board of Managers and expressed a concern for potential degradation of a wetland related to development of a nearby empty lot.  Mr. Wisker noted that staff is aware of these concerns, and that the permit application process will include a notice to nearby residents and the opportunity for a hearing request. 

 

APPROVAL OF AGENDA

 

It was moved by Manager Becker, seconded by Manager Rogness, to approve the agenda as distributed.  Upon vote, the motion carried, 5-0.

 

NEW STAFF INTRODUCTIONS

 

Ms. Kailey Cermak appeared before the Board of Managers and introduced two new field assistants in the Research and Monitoring Department, Alex Kernow and Tom Tulley.  The managers welcomed Mssrs. Tulley and Kernow to the District.

 

Ms. Katherine Sylvia appeared before the Board of Managers and introduced new permitting technicians Will Roach and Megan Schermers.  The managers welcomed Ms. Schermers and Mr. Roach to the District.

 

CONSENT AGNEDA

 

It was moved by Manager Olson, seconded by Manager Shekleton, to approve the Consent Agenda, consisting of the following items: approval of May 10, 2018 Board Minutes; approval of the check register for the general checking account, checks numbered 39010 to 39084 for a total of $341,332.39, payroll direct deposit of $144,467.26, and approve electronic fund withdrawals totaling $652,902.69 for total expenses of $1,138,702.34 and surety account; and acceptance of the 325 Blake Road Checking Account; and adoption of Resolution 18-050: Authorization to Execute Programmatic Maintenance Agreement with the City of Edina, as follows:

 

NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers hereby authorizes the Board President to execute a programmatic maintenance agreement with the City of Edina.

 

Upon vote, the motion carried, 5-0.

 

REGULAR AGENDA

 

Board, Committee, and Task Force Reports

 

President’s Report:

 

President’s Report:  President White reported that she recently attended an open house for the Wayzata Lake Effect, noting three options for the proposed parking lot.  She also referred to the legislative report from the Minnesota Association of Watershed Districts, noting the chloride legislation did not pass, and the Lessard Sams Outdoor Heritage Council funding of $567,000 was approved for the MCWD’s carp management project in the Six Mile Creek/Halsted Bay Subwatershed.

 

Policy and Planning Committee Report:  Manager Rogness reported that the committee met earlier in the evening and reviewed the capital improvements plan, consideration of a conservation easement on lakeshore property in Wayzata Bay, Minneapolis southwest Harriet flooding feasibility study update, and an update on the habitat program for Six Mile Creek Halsted Bay.

 

PERMITS REQUIRING A VARIANCE OR DISCUSSION

 

Permit 18-147: 3100 West Lake Street, Minneapolis

 

Ms. Elizabeth Showalter appeared before the Board of Managers and reviewed the permit application, noting that a member of the public had requested a hearing based on groundwater management concerns for the area.  Ms. Showalter noted that the application met or exceeded District requirements.  No one from the public appeared to comment on the permit application.  Following discussion, it was moved by Manager Shekleton, seconded by Manager Rogness, to approve the permit application with the conditions recommended by staff.  Upon vote, the motion carried, 5-0.

 

Permit 17-367: Casco Point Addition, Ivy Place, Orono

 

Ms. Heidi Quinn appeared before the Board of Managers and reviewed the variance request and permit application.  She noted that the project involved changing a three-lot subdivision to two lots for single family home construction and a shared driveway.  The proposed project is exempt from District stormwater management requirements, and meets District erosion control, flood plain, sand blanket requirements.  She reviewed the impacts of the proposed project on wetlands at the site, including a restoration plan for any temporary construction impacts.  Ms. Quinn noted that the project did not meet minimum wetland buffer requirements at a pinch point for the driveway, and so the applicant is requesting a variance. 

 

She noted a letter in the record from Mr. Jay White reviewing the history of the land parcels and easement, and expressing concerns about the scope of the driveway and wetland buffer impacts.  Ms. Quinn reviewed the criteria for consideration of a variance as set forth in the staff report, and noted that the project will provide two underground filtration facilities that are not required by District rules.  Following discussion, it was moved by Manager Olson, seconded by Manager Rogness, to approve the variance based on the detailed findings set forth in the staff report.  In response to a question from Manager Olson, Ms. Quinn noted that past permitted shoreline stabilization work included a maintenance declaration.  President White noted that she resided in the area and had a concern that the project was a very tight fit and needed assurance of protection for the wetland.  Ms. Quinn reviewed the plan to address impacts to the wetland; that the project would be a priority for compliance inspection; and that the applicant would post a financial assurance for erosion control and the wetland buffer.  There being no further discussion, upon vote, the motion to approve the variance carried, 4-0, with President White abstaining.

It was moved by Manager Becker, seconded by Manager Shekleton, to approve the permit application with the conditions recommended by staff.  Manager Shekleton noted the letter from Mr. Jay White and asked staff for further response to his concerns.  Ms. Quinn noted that even an eight foot driveway would still require a variance, and reviewed the reasons set forth in the staff report supporting the finding that the applicant did not create the hardship.  Upon vote, the motion to approve the permit application carried, 4-0, with President White abstaining. 

 

Resolution 18-051: Selection of a Master Developer for 325 Blake Road and Authorization to Negotiate Terms and Conditions of a Master Development Agreement

 

Mr. Michael Hayman appeared before the Board of Managers and reviewed the request for board action.  He reviewed the lengthy and detailed process for request for qualifications, and the interviews of three developer team finalists on May 9 by the Joint Working Group that included Managers White, Miller and Loftus, as well as Hopkins City Council Members Campbell and Kuznia; members of the Blake Road Subcommittee of Southwest Community Works also attended the interviews and participated in the deliberations.  He noted that the Joint Working Group was very pleased with the quality of the presentations and the entire process.  Following a lengthy deliberation and discussion, the Joint Working Group voted to recommend the Kraus Anderson team for selection, and the Blake Road Subcommittee concurred with this recommendation. 

 

Mr. Hayman introduced Ms. Jaci Bell of Kraus Anderson who expressed great interest on behalf of her team for taking on this project.  Mr. Hayman stated that once the Board of Managers selects a master developer, the next step would be to prepare a three-way development agreement with the City of Hopkins, the master developer, and the MCWD.  Mr. Hayman also expressed gratitude to all of the development teams that submitted qualifications and participated in the process. 

 

President White noted and read for the record a letter to the Board of Managers from Hopkins City Council Members Katy Campbell and Aaron Kuznia, who are also members of the Joint Working Group.  The letter expressed strong support for the recommendation of the Joint Working Group for Kraus Anderson as the master developer for the 325 Blake Road site, and noted the longstanding partnership between the MCWD and the City within the Blake corridor and Minnehaha Creek Greenway.  Following discussion, it was moved by Manager Shekleton, seconded by Manager Becker, to adopt Resolution 18-051 as recommended by staff, selecting Kraus Anderson as the final master developer candidate for 325 Blake Road and authorizing the District Administrator to initiate negotiation of a master development agreement.  Upon vote, the motion carried, 5-0.   Manager Becker thanked the Joint Working Group for the strong process and work leading to this outcome.  Ms. Bell thanked Mr. Hayman and NTH for their work in this process.

 

Resolution 18-053: Directing Administrator to Develop Agreements with Selected Professional Service Providers for Board Approval 

 

Ms. Cathy Reynolds appeared before the Board of Managers and reviewed the request for board action.  She reviewed the process of posting a request for qualifications for the various professional services, and stated that recommended contracts would be brought for board review at the June 28 meeting.  Following discussion, it was moved by Manager Olson, seconded by Manager Rogness to adopt Resolution 18-053 as presented.  Upon vote, the motion carried, 5-0. 

 

Resolution 18-052: Review and Approval of the 60% Design for the Arden Park Restoration Project.

 

Ms. Renae Clark appeared before the Board of Managers to review the request for board action, and also introduced Ms. Ann Katreh, director of parks and recreation for the City of Edina.  Ms. Clark reviewed the creek and habitat restoration elements of the project design, and Ms. Katreh reviewed the recreational facility elements.  It was moved by Manager Rogness, seconded by Manager Shekleton to adopt Resolution 18-052 as presented.  Upon a question from Manager Olson, Ms. Katreh reviewed ongoing discussion about the hockey rink and dog park.  Upon a question from President White, Ms. Clark reviewed the location of swales in the design.  Manager Rogness expressed his interest and support for strong design of recreational buildings that reflected the character of the community, and offered the buildings at the University of Minnesota Landscape Arboretum as an example  There being no further discussion, upon vote, the motion to adopt Resolution 18-052 carried, 5-0.

 

STAFF UPDATES

 

Administrator’s Report:

 

Mr. Wisker reported on the following matters:

 

  1. MCWD Planning staff recently attended a workshop on climate resiliency at the Minnesota Pollution Control Agency;
  2. Staff recently prepared a letter on high groundwater conditions in Minneapolis;
  3. As noted earlier by President White, the legislature approved a Lessard Sams Outdoor Heritage Council grant of $567,000 for Six Mile Halstead carp management;
  4. The Painter Creek FEMA funded project is underway;
  5. BWSR watershed-based funding pilot, formula will provide $250,000 to MCWD;
  6. MCWD staff are involved in several upcoming conferences, including the EcoDistrict Summit and International Water Conference; the Bassett Creek Watershed Management Organization recently invited MCWD staff to present information about integrated land use and water planning; MCWD staff are involved in National American Planning Association planning and water case studies;
  7. The MCWD recently received two communications awards from the Minnesota Government Communicators Association, for the Lake Minnetonka map and Gray’s Bay articles;
  8. Lake Minnetonka level is currently at 929.3; Minnehaha Creek is flowing at 20 cfs.

 

Manager Olson expressed his thanks to Ms. Tiffany Schaufler for excellent work on the Minneapolis groundwater correspondence. 

 

ADJOURNMENT

 

There being no further business, the meeting of the Board of Managers was adjourned at 8:47 p.m.

 

Respectfully submitted,

 

Kurt Rogness, Secretary

Minutes Type: 
Board of Managers