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June 25, 2019 Board Minutes

MINUTES OF THE REGULAR MEETING OF

THE MINNEHAHA CREEK WATERSHED DISTRICT

BOARD OF MANAGERS

 

June 25, 2019

 

CALL TO ORDER

 

The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President Sherry White at 7:20 p.m. at the District office, 15320 Minnetonka Boulevard, Minnetonka, Minnesota.

MANAGERS PRESENT

Sherry White, William Olson, Richard Miller, Jessica Loftus, Arun Hejmadi and Eugene Maxwell.

MANAGERS ABSENT

Kurt Rogness.

 

DISTRICT STAFF AND CONSULTANTS PRESENT

 

James Wisker, Administrator; Heidi Quinn, Permitting Technician; Becky Christopher, Policy Planning Manager; Anna Brown, Planner Project Manager; Tiffany Schaufler, Project Land Manager; Chris Meehan, District Consulting Engineer; and Louis Smith, District Counsel. 

 

MATTERS FROM THE FLOOR

 

None.

 

APPROVAL OF AGENDA

 

It was moved by Manager Miller seconded by Manager Olson, to approve the agenda as submitted.  Upon vote, the motion carried, 5-0 (Manager Hejmadi absent for this vote).

 

CONSENT AGENDA

 

It was moved by Manager Olson, seconded by Manager Loftus, to approve the Consent Agenda, consisting of the minutes of the June 13, 2019 Board meeting; approval of the Check Register consisting of checks 39792 through 39838 totaling $ 339,459.46; payroll direct deposits totaling $145,010.35;  electronic fund withdrawals- general checking totaling $116,288.63; and electronic fund withdrawals – surety checking totaling $10.00; for total expenses of $600,798.44; and approval of Resolution 19-065: Approval to Purchase Stormwater Monitoring Equipment:

 

NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers hereby authorizes the District Administrator to purchase the described stormwater monitoring equipment for an amount not to exceed $6,500.

 

Resolution 19-066: Authorization to Release the 2018 MS4 Annual Report to the Minnesota Pollution Control Agency:

 

NOW, THEREFORE, BE IT RESOLVED, that the MCWD Board of Managers accepts the 2018 MS4 Annual Report and authorizes its release to the MPCA.

 

Upon vote, the motion carried, 5-0 (Manager Hejmadi absent for vote). 

 

REGULAR AGENDA

 

Board, Committee and Task Force Reports

 

President’s Report:  President White reported that the recent Minnesota Association of Watershed Districts meeting included a report from the Local Government Roundtable, and an update on watershed-based funding.  She expressed appreciation for the staff and board participation in the June 20 retreat.

 

President White noted the need to designate committee assignments, and named Manager Hejmadi to serve on the Operations and Programs Committee, and Manager Maxwell to serve on the Policy and Planning Committee.  It was moved by Manager Miller, seconded by Manager Olson, to confirm these committee assignments.  Upon vote, the motion carried, 5-0 (Manager Hejmadi absent for vote).

 

Policy and Planning Committee Report:  Manager Miller reported that the Committee received detailed briefings on the Long Lake Subwatershed Assessment, and 325 Blake Road. 

 

President White directed the Board to the upcoming meetings and events listed in the agenda. 

 

PERMITS REQUIRING A VARIANCE OR DISCUSSION

 

Permit 19-170: 4798/4800 Northern Road, Mound

 

[Manager Hejmadi arrived at this point in the meeting, 7:25 p.m.]  Ms. Heidi Quinn reviewed the permit application and request for board action.  She explained that this project involves demolition of a residence and construction of an addition to the adjoining property.  The applicant proposes 316 cubic feet of fill in the floodplain, which will be compensated by 331 cubic feet of compensatory excavation.  To match the addition to the existing condition at the existing residence, the applicant seeks a 0.4 foot variance form the 2.0 feet of freeboard requirement in the floodplain alteration rule.  Ms. Quinn reviewed the variance analysis in the permit report, noting that the staff and engineer find that the variance would only pose an enhanced flood risk for this property.  Following discussion, it was moved by Manager Miller, seconded by Manager Olson, to approve the variance requested by the applicant, based on the findings set forth in the permit report.  Upon a question from Manager Olson, Ms. Quinn stated that the home and addition have no basement, constructed on slab.  Upon vote, the motion carried, 6-0. 

 

It was moved by Manager Olson, seconded by Manager Hejmadi, to approve the permit with the three conditions recommended by staff.  Upon a question from Manager Maxwell, Mr. Smith explained that in addition to requiring submission of draft declaration memorializing the noncompliant low-opening elevation for review by District Staff and then recordation, the additional condition of a draft indemnification of MCWD for flooding damages arising from noncompliant low-opening would be additional protection for the District within the board’s reasonable discretion.  Upon vote, the motion carried, 6-0.

 

Permit 18-536: Orono 2018 Stormsewer Improvements, Orono

 

Ms. Quinn reviewed the permit application and the request for board action.  She noted that there is no variance or exception involved in this application, but a resident requested a hearing before the board.  Efforts to contact the resident and discuss any specific concerns with the project were unsuccessful. The storm sewer work involves a new lining or cure in place method, so the erosion control rule is not triggered.  Only the waterbody crossing rule is triggered, and staff finds that the application complies with the District rule.  It was moved by Manager Hejmadi, seconded by Manager Miller, to approve the permit application as recommended by staff. Upon vote, the motion carried 6-0.

 

ACTION ITEMS

 

Resolution 19-067: Approval of Tonka Bay Local Water Management Plan

 

Ms. Becky Christopher appeared before the Board of Managers to review the request for board action.  It was moved by Manager Olson, seconded by Manager Maxwell, to adopt the proposed resolution as follows:

 

NOW, THEREFORE, BE IT RESOLVED, the MCWD hereby approves the City of Tonka Bay Local Water Management Plan; and

 

BE IT FURTHER RESOLVED, that the Board approves the associated coordination plan and adopts it on behalf of the MCWD; and

 

BE IT FINALY RESOLVED that the City is to adopt and implement its LWMP within 120 days, and to notify the MCWD within 30 days thereafter that it has done so authorizes the District Administrator, on advice of counsel and with any non-material changes, to execute the contract with Himle LLC for the Strategic Communications and Engagement Plan in an amount not to exceed $55,000.

 

Upon vote, the motion carried 6-0.

 

Resolution 19-068: Approval of St. Louis Park Local Water Management Plan

 

Ms. Christopher reviewed the request for board action.  It was moved by Manager Miller, seconded by Manager Loftus, to adopt the proposed resolution as follows:

 

NOW, THEREFORE, BE IT RESOLVED, that the MCWD hereby approves the City of St. Louis Park Local Water Management Plan with the condition that the City incorporate the required inventory of City owned property into the LWMP; and

 

BE IT FURTHER RESOLVED, that the Board approves the associated coordination plan and adopts it on behalf of the MCWD; and

 

BE IT FINALY RESOLVED that the City is to adopt and implement its LWMP within 120 days, and to notify the MCWD within 30 days thereafter that it has done so.

 

Upon vote, the motion carried 6-0.

 

Resolution 19-069: Authorization to Release RFP for Design Services for Wasserman Lake Park

 

Ms. Anna Brown appeared before the Board of Managers to review the request for board action. 

 

Following discussion, it was moved by Manager Olson, seconded by Manager Miller, to adopt the proposed resolution, as follows:

 

NOW, THEREFORE, BE IT RESOLVED that the Minnehaha Creek Watershed District Board of Managers authorizes the release of the request for proposals for design services for Wassermann Lake Park, and allows for the administrator to make non-substantive edits to the document and schedule based on advice of MCWD legal counsel.

 

Upon vote, the motion carried 6-0.

 

BOARD DISCUSSION ITEMS

Minnehaha Parkway Regional Trail Master Plan Update

 

Ms. Tiffany Schaufler appeared before the Board of Managers and provided a detailed update on the regional trail master plan.  In response to a question from Manager Miller, Mr. Wisker indicated that staff could gather more information about the capacity of stormwater ponds in south Minneapolis.  Ms. Schaufler reviewed the alignment of the long term capital improvement plans for this project, with a focus on stormwater best management practices and water quality benefits.  The managers thanked Ms. Schaufler for this briefing.

 

STAFF UPDATES

 

Administrator’s Report

 

Mr. Wisker noted the following items:

 

  1. Staff is monitoring governance discussions about aquatic invasive species, including a recent summit meeting convened by U.S. Representative Phillips, which highlighted the need for a statewide policy framework;
  2. Staff is monitoring land use and policy discussions about housing affordability and regulatory costs;
  3. Tom Langer was recently hired as an aquatic ecologist;
  4. Arden Park construction is proceeding, with new bridges arriving soon;
  5. Staff appreciated the recent board – staff retreat discussions;
  6. Ms. Schaufler reported that water levels receded somewhat in June, and Lake Minnetonka is close to the 929.6 elevation.

 

ADJOURNMENT

 

There being no further business, the meeting of the Board of Managers was adjourned at 9:22 p.m.

 

Respectfully submitted,

Kurt Rogness, Secretary

Minutes Type: 
Board of Managers