Skip to main content

January 24, 2019 Board Minutes





January 24, 2019




The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President Sherry White at 7:00 p.m. at the District office, 15320 Minnetonka Boulevard, Minnetonka, Minnesota.




Sherry White, William Olson, Brian Shekleton, Kurt Rogness, William Becker, and Jessica Loftus (arrived 7:30 p.m.).




Richard Miller.




Michael Hayman, Project Planning Manager; Becky Christopher, Project Planning Manager; Cathy Reynolds, Operations Manager; Brian Beck, Research & Monitoring Program Manager; Tiffany Schaufler, Project and Land Manager; Chris Meehan, District Consulting Engineer; and Louis Smith, District Counsel. 








President White noted that items 11.1, Resolution 19-014: Approval of Year End Fund Transfers and Closures; and 12.3, Administrator’s Performance Review, would be pulled from the agenda at staff request.  It was moved by Manager Rogness, seconded by Manager Becker, to approve the agenda with these changes.  Upon vote, the motion carried, 5-0.




Manager Olson requested that the Minutes of the January 10, 2019 meeting be pulled from the Consent Agenda.  It was moved by Manager Shekleton, seconded by Manager Becker, to approve the remaining items on the Consent Agenda, consisting of approval of the check register, with the general checking account register, void check 39509 and consisting of checks 39510 through 39577 totaling $591,885.57; payroll direct deposits totaling $156,477.26 and electronic fund withdrawals totaling $261,574.29 for total expenses of $1,009,947.12.  Upon vote, the motion carried, 5-0. 




Board, Committee and Task Force Reports


President’s Report


President White reported that she had joined Tiffany Schaufler last week in attending hearings on responding to climate change at the Minnesota House of Representatives Energy and Climate Finance and Policy Division. 


Policy and Planning Committee Meeting Report


President White noted that Manager Miller had chaired the Committee meeting earlier in the evening and was not able to attend the Board meeting.  The Committee received presentations on the 2020 strategic communications plan; responsive program development; and 325 Blake Road demolition. 


President White noted the upcoming meeting schedule on the agenda, and added that the Metropolitan chapter of the Minnesota Association of Watershed Districts will be meeting on January 29. 




Approval of January 10, 2019 Minutes


Manager Olson noted that on line 112, the reference should be to John Salditt and not Sliv Carlson.  It was moved by Manager Olson, seconded by Manager Rogness to approve the minutes of January 10 with this change.  Upon vote, the motion carried, 5-0.


Resolution 19-015: Approval of 2019 Budget Amendment


Ms. Becky Christopher appeared before the Board of Managers and reviewed the request for board action.  She noted that the funds from the budget reduction would be allocated to the carryover for the capital improvement program; and noted that the dollar amount in the resolution for the revised budget is the correct figure.  It was moved by Manager Shekleton, seconded by Manager Rogness, to approve Resolution 10-015: Approval of 2019 Budget Amendment.  Upon vote, the motion carried, 5-0. 


President invited Mr. Hayman to give the Administrator’s report in Mr. Wisker’s absence due to illness. 




Administrator’s Report


Mr. Hayman reported on the following items: 


1.         Permit 14-248 financial assurance:  this permit was issued August 8, 2015 for construction of a multifamily housing development at 6800 Cedar Lake Road in St. Louis Park.  The financial assurance requirement for the stormwater facilities was provided through a performance bond.  On January 7, 2019 a notice from the surety provider was received indicating the bond had been canceled, effective 30 days after receipt of the cancelation notice. Staff inspected the site on January 7, 2019 to determine if the project had been completed to the standards of the rule and permit, and determined that the infiltration basin showed signs of not meeting the 48 hour drawdown requirement (cattails and frozen standing water), and thus the bond could not be released.  Staff sent correspondence by email (January 7) and mail (January 8) to the insurance company providing the bond, the contractor who held the bond, and the permittee indicating that if a replacement is not received by the District by January 28, the District will draw on the bond.  Staff has communicated with the permittee and the contractor and has not received any indication a replacement would be provided.  Staff engaged legal counsel anticipating a potential need to draw on the bond, and counsel sent correspondence to the involved parties further indicating the replacement requirement (January 18).  No response has been received by counsel or staff.  Resolution 11-096 indicates Board approval is not needed to draw on bonds, but that the board should be informed in advance or shortly after.


2.         Arden Park Construction:  Construction of the new stream channel has been underway for two weeks with installation of rock riffles and in-stream log structures continuing. Site work will be put on hold for the week of January 28. The extreme cold causes soil to be unworkable, which impedes grading in the creek and building the soil lifts for the streambanks. The contractor is about two weeks ahead of schedule, so the week delay does not present an issue.


3.         Minnehaha Creek FEMA Repair Project:  Construction is half way done as 5 of 10 projects are complete. The five sites that are remaining are below Minnehaha Falls.


4.         Pond DredgingExcavation of Pamela Park Pond 1 is complete - final grading to be complete once temperatures warm up. Bde Maka Ska Pond work will begin once temperatures warm up.


5.         Water Levels Update:

- Lake Nokomis: The Nokomis weir has remained open since October 11 and will remain open as long the channel adjacent to the weir remains ice free. The current lake elevation is ~815.10, which is at the runout elevation of the weir;                                                                                                                                                                                                                                                                                             

 - Mooney Lake: The Mooney Lake pump was turned on October 18 and ran most of this winter. However, the pump outlet is now frozen, so pumping will likely have to wait to resume until spring. Estimated lake level is 988.8.

Manager Shekleton requested information on the project for Permit 14-248.




325 Blake Road, Hopkins: Minnesota Ice Claim


It was moved by Manager Olson, seconded by Manager Shekleton, to move into closed session for the purpose of receiving confidential legal advice concerning a claim by Minnesota Ice, Inc.  Upon vote, the motion carried, 5-0. 


325 Blake Road, Hopkins: Redevelopment and Sale


It was moved by Manager Becker, seconded by Manager Rogness, to move into closed session for the purpose of discussing the development of an offer for the redevelopment and sale of 325 Blake Road in Hopkins.  Upon vote, the motion carried, 5-0.


Whereupon, the Board of Managers went into closed session at 7:20 p.m.  Manager Loftus arrived at this point in the meeting.


The Board of Managers returned to open session at 8:00 p.m.


It was moved by Manager Becker, seconded by Manager Shekleton, to direct staff to communicate with Kraus Anderson, the city of Hopkins, and other partners concerning the District’s plan to focus on the planning and development of the public realm elements of the site.  Upon vote, the motion carried, 6-0.




There being no further business, the meeting of the board of managers adjourned at 8:01 p.m.


Respectfully submitted,

Kurt Rogness, Secretary

Minutes Type: 
Board of Managers