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June 11, 2020 Board Minutes

 

MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

June 11, 2020

 

CALL TO ORDER

The regular meeting of the Minnehaha Creek Watershed District was called to order by President Sherry White at 7:02 p.m. on June 11, 2020.  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  For this reason, until this determination is withdrawn by the District’s presiding officer, chief legal counsel or chief administrative officer, the meetings of the Board and its committees will be convened by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, joining later as noted below

Loftus:             Present

Rogness:         Present, joining later as noted below

Miller:             Present

Olson:             Present

Maxwell:         Present

White:             Present

DISTRICT STAFF AND CONSULTANTS PRESENT

James Wisker, Administrator; Gabriel Sherman, Planner – Project Manager; Michael Hayman, Project Planning Manager; Janna Jonely, Project and Land Management Technician; Chris Meehan, Consulting Engineer; and Louis Smith, District Counsel.

MATTERS FROM THE FLOOR

None.

APPROVAL OF AGENDA

Manager Hejmadi joined at this point in the meeting.  It was moved by Manager Miller, seconded by Manager Maxwell to approve the Agenda as distributed.  Upon roll call vote, the motion carried 6-0 as follows:

Hejmadi:         Aye

Loftus:             Aye

Rogness:         Absent

Miller:             Aye

Olson:             Aye

Maxwell:         Aye

White:             Aye

CONSENT AGENDA

Manager Rogness joined at this point in the meeting. It was moved by Manager Miller, seconded by Manager Olson, to approve  the Consent Agenda consisting of approval of the May 28, 2020 Board minutes. 

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

Hejmadi:         Aye

Loftus:             Aye

Rogness:         Aye

Miller:             Aye

Olson:             Aye

Maxwell:         Aye                                    

White:             Aye

BOARD, COMMITTEE AND TASK FORCE REPORTS

President’s Report:  President White noted her appreciation to the Board and staff for working through these difficult times with COVID-19, and the recent tragic killing of George Floyd. 

Operations and Programs Committee Report:   Manager Loftus reported that the Committee received a presentation from Mr. Wisker on the 2021 budget; an update on planning discussions with representatives from the City of Hopkins on 325 Blake Road; and the status of updating the District web site, in which the staff is taking on additional duties and the process will extend to September. 

Upcoming Meeting and Event Schedule:  President White directed the managers to the meetings listed on the agenda; all of the meetings to be noticed and held via WebEx; she noted that the next regular Board meeting will be held on June 23. 

ACTION ITEMS

Resolution 20-045: Declining Donation or Sale of Property at 2301 Brunswick Ave. S., St. Louis Park

Mr. Gabriel Sherman appeared before the Board of Managers to review the request for board action.  He noted that as staff gathered further information from the Minnesota Pollution Control Agency, and given past board discussions, it does not appear to be in the best interest of the District to accept a donation or sale at this time. 

It was moved by Manager Loftus, seconded by Manager Hejmadi, to adopt Resolution 20-045 as follows:

NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers hereby directs the Administrator to decline the offer of donation or sale of the property located at 2301 Brunswick Ave. S., St. Louis Park.

Upon roll call vote, the motion to adopt the resolution carried, 6-1 as follows:

Hejmadi:         Aye

Loftus:             Aye

Rogness:         Aye

Miller:             Nay

Olson:             Aye

Maxwell:         Aye

White:             Aye 

Resolution 20-046: Authorization to Implement Human Resource Adjustments

Mr. James Wisker appeared before the Board of Managers to review the request for board action.  He traced the series of staff adjustments in response to the Board’s strategic planning and updated organizational structure.  He noted the specific request to reclassify positions in Research and Monitoring and make interim compensation adjustments in the Operations and GIS positions. 

Following discussion, it was moved by Manager Miller, seconded by Manager Olson, to adopt Resolution 20-046 as follows:

NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers hereby authorizes and directs the Administrator to     utilize the systematic analysis factor evaluation (SAFE) system to make adjustments in classification and compensation to the Research and Monitoring Coordinator and Assistant positions; and to make interim adjustments to 2020  compensation for the GIS Technician and Operations Coordinator positions.

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

Hejmadi:         Aye

Loftus:            Aye

Rogness:         Aye

Miller:             Aye

Olson:             Aye

Maxwell:         Aye

White:             Aye 

Resolution 20-047: Authorization to distribute Capital Improvement Plan for annual review and comment

Mr. Michael Hayman appeared before the Board of Managers and reviewed the request for board action.  He noted that the purpose of this process is to provide cities and counties the opportunity to review the plan and provide ongoing input on an annual basis. 

It was moved by Manager Miller, seconded by Manager Rogness to adopt Resolution 20-047 as follows:

NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers authorizes staff to distribute the Draft CIP for 30 day review and comment. 

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

Hejmadi:         Aye

Loftus:            Aye

Rogness:         Aye

Miller:             Aye

Olson:             Aye

Maxwell:         Aye

White:             Aye 

Resolution 20-048: Adoption of the Revised Interim Maintenance Protocol for the Minnehaha Preserve Boardwalk

Mr. Hayman and Ms. Janna Jonely appeared before the Board of Managers to review the request for board action.  Ms. Jonely explained that due to the extent of the deterioration of the boards, and the varied state of deterioration, it is not feasible to mobilize a contractor to replace a defective board within two weeks, and the revised protocol will provide for interim safety measures and batch replacement, balancing safety and economic feasibility considerations.

It was moved by Manager Miller, seconded by Manager Rogness to adopt Resolution 20-048 as follows:

NOW, THEREFORE, BE IT RESOLVED, that the Minnehaha Creek Watershed District Board of Managers adopts the attached amended  interim maintenance protocol providing, in summary, as follows: bi-weekly inspections of decking and railing material, marking of failed boards with fluorescent orange spray paint, utilization of safety cones, plywood, signage and/or other safety measures as appropriate to staff judgment of an increased safety risk, and replacement of boardwalk decking and handrails when a practical number (batch) of boards is deemed efficient for replacement, upon judgment of staff. 

Upon a question from Manager Maxwell, Ms. Jonely noted that the District is not receiving phone calls about the boardwalk, though staff has discussed the problem with boardwalk users on site. 

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

Hejmadi:         Aye

Loftus:             Aye

Rogness:         Aye

Miller:             Aye

Olson:             Aye

Maxwell:         Aye

White:             Aye

Closed Session

Mr. Smith noted the need for the Board of Managers to discuss legal remedies for resolving the problem of the defective boardwalk with construction legal counsel, which requires absolute confidentiality. 

It was moved by Manager Olson, seconded by Manager Miller to move into closed session for the purpose of confidential consultation with construction legal counsel about legal remedies for resolving the problem of the defective boardwalk.  Upon roll call vote, the motion carried, 7-0 as follows:

Hejmadi:         Aye

Loftus:             Aye

Rogness:         Aye

Miller:             Aye

Olson:             Aye

Maxwell:         Aye

White:             Aye

Whereupon the Board went into closed session.

The Board of Managers returned to open session. 

STAFF UPDATES

Administrator’s Report

Mr. Wisker reported on the following items:

-The next meeting of the Board of Managers will be held on Tuesday, June 23;

-Staff has encountered some issues with the planned District campus improvements due to cost and scope concerns of the neighboring property owners regarding some shared improvements.  Staff will gather more information and report back to the Board on June 23;

-Staff is taking time for meeting to process the challenges of recent events with the killing of George Floyd and COVID-19.

Adjournment

There being no further business, President White declared the meeting of the Board of Managers adjourned at 7:54 p.m.

Respectfully submitted,

Kurt Rogness, Secretary 

Minutes Type: 
Board of Managers