Heron Lake Watershed District (HLWD)
February 21, 2017
1. Call to Order
Jim Buschena called the meeting to order at 9:00 a.m.
Managers present: Jim Buschena, Harvey Kruger, Wayne Rasche, and Bruce Leinen
Managers absent: Gary Ewert
Staff: Catherine Wegehaupt and Jan Voit
Others present: John Shea, Nobles SWCD; Dave Thiner, Murray County; Jerry Christopherson, and Allen Jensen
Wayne Rasche made a motion to approve the agenda. Bruce Leinen seconded this. Motion carried unanimously.
Wayne Rasche made a motion to approve the minutes of the January 12, 2017 regular meeting. Harvey Kruger seconded this. Motion carried unanimously.
4. Treasurer’s Report
Jan Voit presented the treasurer’s report and bills payable. Discussion was held regarding the certificate of deposit at Security State Bank and the general account balance. Wayne Rasche made a motion to approve the treasurer’s report and pay the bills. Bruce Leinen seconded this. Motion carried unanimously.
5. Department of Natural Resources (DNR) Contract
Catherine Wegehaupt explained that the contract with the DNR is for flow monitoring. The costs have not increased for the three-year period. Harvey Kruger made a motion to authorize Jan Voit to sign the contract. Jim Buschena seconded this. Motion carried unanimously.
6. Order Setting Final Hearing for Jackson County Ditch (CD) 3
Discussion held about postponement, viewers report, another informational meeting. Wayne Rasche made a motion to approve the Order and Notice of Final Hearing on Petition for Improvement of CD 3 as follows.
WHEREAS, a petition for the improvement of Jackson CD No. 3 has been filed with and is pending before the Board of Managers of the HLWD acting as the drainage authority under Minnesota law; and,
WHEREAS, the drainage authority, at a preliminary hearing upon said Petition for Improvement pursuant to Minn.Stat. § 103E.261, determined that further proceedings on the Petition for Improvement of CD 3, Jackson County, Minnesota, were necessary and proper, and appointed a project engineer and ordered the preparation of a detailed survey report; and also, appointed viewers and ordered preparation of a viewers’ report; and,
WHEREAS, the detailed survey report has been filed with the drainage authority; and,
WHEREAS, the viewers’ report has been filed with the drainage authority; and,
WHEREAS, the drainage authority has determined that the petition, the detailed survey report, and the viewers’ report shows that CD No. 3, Jackson County, lies within and serves to drain portions of Sections 11, 12, 13, 14, 23, 24, 25, 26, 27, 33, 34, 35, and 36 in Alba Township; Sections 1, 2, 3, 4, 9, 10, 11, 12, and 13 in Ewington Township; Sections 6 and 7 in Rost Township; and Sections 18, 19, 30, and 31 in West Heron Lake Township; all in Jackson County. The improvement of CD No. 3, Jackson County, to provide at least a 0.50 inch per day drainage coefficient and add depth to the system, will consist of cleaning/improving three open ditches, constructing 15 new tile branches and 24 new tile sub-branches. The 15 branches and 24 sub-branches will consist of approximately 3,300 feet of 42-inch tile; 8,500 feet of 36-inch tile; 17,900 feet of 30-inch tile; 21,100 feet of 24-inch tile; 12,700 feet of 18-inch tile; 11,300 feet of 15-inch tile; 24,300 feet of 12-inch tile; 10,600 feet of 10-inch tile; and 4,500 feet of 8-inch tile; and,
WHEREAS, the drainage authority has determined that the petition, the detailed survey report and the viewers’ report shows that the property benefited and damaged by the proposed drainage project is located within Sections 11, 12, 13, 14, 23, 24, 25, 26, 27, 33, 34, 35, and 36 in Alba Township; Sections 1, 2, 3, 4, 9, 10, 11, 12, and 13 in Ewington Township; Sections 6 and 7 in Rost Township; and Sections 18, 19, 30, and 31 in West Heron Lake Township, Jackson County (the specific properties benefited and damaged are contained in the Viewers’ Report); and that the owners of property benefited and damaged by the proposed drainage project are: Hedquist Farms, Inc., Karyl L. Henze Trust, Dale and Susan Aden, Alba Grain Inc., C. Douglas and Gary Madsen, Benjamin Kruger Rev. Liv. Trust, Russell and Joyce Stahlke Trust, Lance and Rachel Daberkow, Ruth Henze, Clarence Theis, Joseph Theis, Evelyn Hussong, Steven and Barbara Hussong, Clyde and Beverly Hussong, David and Mary Mogenson, Marion Diekrager, Robert Lange, Rodger and Ardis Hotzler, Warren and Elaine Hotzler, Steven Schultz Rev. Trust, Forrest and Fern Krogh, Donald and Rhonda Stenzel, Bruce and Jolene Rients, Gregg Hussong, Barbara Barnes Living Trust, Vernon Kay, Arnold Hussong Rev. Trust etal, Josephine Hotzler Revoc. Trust, Ray and Mavis Baumgard, Ruth Riley, Curtis and Shirley Pietz, Dan Cranston, Perry Cranston, F. Anthony Haberman, James Baumgard, Bradley and Jacqueline Baumgard, Federal National Mtg. Association, Robert and Catherine Damm, Howard and Beverly Damm, Henry Bauman, James and Kathleen Baumgard, Clyde Starner, Justin and Sarah Freking, Shep’s LLC, Shauna Burns, Imhoff Family Trust, Donald and Ruth Rynda Trust, Mary Ann McNab, Douglas Damm, Mary Ann Rumbaugh, Sheldon and Debra Andrews, Jason Burns, Craig Echternach, Henry Bauman, Dwayne and Judy Milbrath, Gene Holmquist, Martin Torres Sanchez, Burton and Patricia Bonnell, John and Helen Post, Nila Ann Pederson, David and Janna Frodermann, Gilbert Post, Minerva Smith, Paul Henning, Marjorie Lee Olmem, Kenneth and Kathleen Schadt, James and Kathleen Baumgard, John and Lesle Post, Clemens and Victoria Ulbricht, Curtis and Janeen Baumgard, Eric Obermoller Trust, Ray and Mavis Baumgard, Joanne Post Trust, Keith Tordsen, Angeline Kruger Rev. Liv. Trust, Sherri Mock, Kevin and Dana Kay Schmid, Gerald and Charlene McConkey, Loarn McConkey Jr., Jeremiah Rau, Michael Haberman Trust, Doreen Haberman, Larry and Wayne Henning, Ryan Hill, Steven and Pamela Christoffer, Gregory and Jaclyn Post, Richard and Laurie Cross, Steven and Shari Droll, Blue Hawk Farms Inc., Verlin and Janice Christians Trust, Steven Schubert, Dennis Droll Trust, Charlotte Christians Trust, David and Arlys Post, James and Vickie Milbrath, Jerome and Jeanne Milbrath, Burdell Schmidt, Michael and Mary Jo Schmidt, David and Ines Henning, Mary Anne Pomerenke, Robert Madsen, Ronald Pomerenke, Raymond and Arlene Kruse, Greg and Kristine Kruse, James Riley, Paul Pietz, David and Brenda Pomerenke, Bonnie Pomerenke, Florence Baarson, Edwin and Sue Burr, Eldon Pomerenke, and,
WHEREAS, the drainage authority has determined that neither the detailed survey report nor the viewers’ report shows that the proposed drainage project affects any municipalities nor other corporations other than as listed in the Viewers’ Report (Jackson Highway Department, Alba Township, Ewington Township, West Heron Lake Township, and Rost Township); and,
WHEREAS, the Final Engineering Report has been submitted to the Commissioner of the Department Natural Resources.
NOW, THEREFORE, IT IS ORDERED AND NOTICE IS HEREBY GIVEN: That a hearing will be held before the drainage authority on the 30th day of March, 2017 at 9:00 a.m. in the morning at the Heron Lake Community Center for the purpose of further considering the petition and bond, examination of the Engineer’s Detailed Survey Report, examination of the Viewers’ Report, examination of Commissioner’s Final Advisory Report. All interested persons may attend and be heard thereon.
The petition and bond, report of the commissioner of natural resources, engineer’s detailed survey report and the viewers’ report, may be examined prior to the hearing by any interested person on request at the office of the drainage authority located at the Heron Lake Watershed District office, Heron Lake Community Center, Heron Lake, Minnesota, between 8:00 a.m. and 4:00 p.m. Monday through Thursday.
Harvey Kruger seconded this. Motion carried unanimously.
7. Petition for the Proposed Improvement of Jackson County Judicial Ditch 14
Jan Voit explained that the petition and supporting documentation had been reviewed by Mike Tow, HLWD legal counsel. The petition conforms to the statute. However, the bond was made payable to the Drainage Authority of Jackson County, not the HLWD. A request will be made to the petitioners’ attorney requesting that the bond be corrected and resubmitted.
8. Minnesota Association of Watershed Districts (MAWD) Bylaws Change Request
Jan Voit explained the need to request a special meeting of the MAWD membership at the summer tour to vote on changes to the bylaws. A vote to change the bylaws requires a majority of the entire MAWD membership to be present at the summer tour. Before the MAWD Board of Directors (BOD) can schedule a special meeting, at least 15 watershed districts need to request the meeting.
Harvey Kruger made a motion to approve a motion to request a special meeting of the MAWD BOD. Jim Buschena seconded this. Motion carried unanimously.
9. Response to MAWD BOD
Jim Buschena and Jan Voit have discussed a possible response to the MAWD BOD. A letter was drafted and sent to managers in the meeting packet. Discussion was held regarding the MAWD Annual Meeting format, the presumption that new managers should have the same understanding of the format as others who have attended for many years, the lack of organization of the meeting materials and agenda, as well as interest in accepting the duties of planning and chairing the regional caucus. Wayne Rasche made a motion to authorize Harvey Kruger’s participation on the planning committee for the regional caucus and to approve the letter responding to the MAWD BOD. Bruce Leinen seconded this. Motion carried unanimously.
10. Petition to Impound Drainage System Waters on Nobles County Ditch 12
Jan Voit explained that the petition and supporting documentation had been reviewed by Mike Tow, HLWD legal counsel. The petition does not meet statutory requirements because it was submitted by the engineer, rather than the city council. A question was also raised regarding jurisdiction since the map that was submitted did not show the watershed boundary. Discussion was held regarding the location of the ditch and jurisdiction. The ditch is located within the HLWD. John Shea provided information regarding the project. Wayne Rasche made a motion to reject the petition and return it to the City of Worthington for correction. Harvey Kruger seconded this. Motion carried unanimously.
Jan Voit reported on the Nobles County Work Session, Conservation Corps 2017 Clean Water Fund Project, Jackson County JD 14, Jackson County JD 31, Local Partner Coordination meeting, Jackson County Water Plan meeting, Third Crop Phosphorus Reduction Effort, MPCA Internal Meeting preparation, Drainage and Wetland Conference, Major Watershed Project, Excel training, financial information, Projects 2 and 4/4A, Jackson CD 3, HLWD Annual Report, Jackson County JD 19, and Jackson County JD 2.
Catherine Wegehaupt provided an update on water sampling data analysis, rain gauge calibration, monitoring equipment installation, letter and brochure regarding the five-year cover crop program, conservation corps grant approval, and the HLWD annual report.
Jan Voit gave a PowerPoint presentation regarding Total Maximum Daily Loads and Watershed Restoration and Protection Strategies.
The meeting adjourned at 9:58 a.m.