Board Meeting Minutes

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1. Call to Order
Jim Buschena called the meeting to order at 9:00 a.m.
Managers present: Jim Buschena, Bruce Leinen, Harvey Kruger, Wayne Rasche, and Gary Ewert
Staff: Catherine Wegehaupt and Jan Voit
Others present: Mona Henkels, Murray SWCD; Jim Eigenberg, Jackson County; Dave Macek, Jackson County; Justin Ahlers, Nobles County; Dave Thiner, Murray County; Kevin Stevens, Cottonwood County; Doug Goodrich, BWSR; Kevin Smith, Advanced Engineering and Environmental Services, Inc.; Allen Jensen, Jerry Christopherson, Hoddy Thompson, and Jerry Ackermann
2. Agenda
Wayne Rasche made a motion to approve the agenda. Harvey Kruger seconded this. Motion carried unanimously.
3. Oath of Office
Jim Buschena read and signed his Oath of Office.
4. Election of Officers
Jim Buschena turned the meeting over to Bruce Leinen. He asked for nominations for President. Gary Ewert nominated Bruce Leinen for President. Jim Buschena seconded this. Motion carried unanimously.
Bruce Leinen nominated Jim Buschena for Vice President. Harvey Kruger seconded this. Motion carried unanimously.
Jim Buschena nominated Harvey Kruger for Secretary. Bruce Leinen seconded this. Motion carried unanimously.
Jim Buschena nominated Gary Ewert for Treasurer. Wayne Rasche seconded this. Motion carried unanimously.
5. Minutes
Wayne Rasche made a motion to approve the minutes of the February 21, 2017 regular meeting. Gary Ewert seconded this. Motion carried unanimously.
6. Treasurer’s Report and Bill Payment
Jan Voit presented the treasurer’s report and bills payable. Jim Buschena made a motion to approve the treasurer’s report and pay the bills. Wayne Rasche seconded this. Motion carried unanimously.
7. Summer Interns
The interview committee unanimously recommends hiring Adam Franck and Michael Roeder. The committee also recommended paying them $12 per hour. Adam is pursuing a two-year degree in Environmental Science at Iowa Lakes Community College in Estherville. Michael is pursuing a Bachelor of Science degree at the College of Agriculture, Forestry, and Life Sciences with an emphasis in Environmental and Natural Resources Management at Clemson University in South Carolina.
Jim Buschena made a motion to hire Adam Franck and Michael Roeder as summer interns and to pay them $12 per hour. Harvey Kruger seconded this. Motion carried unanimously.
8. Order Initiating Redetermination of Benefits for Project 2
Dave Macek informed the managers that Jackson County has decided to conduct redetermination of benefits on all of the systems within the county. While attending the Wetland and Drainage Conference, he discussed the redetermination of benefits for Projects 2, 4, and 84-4A with Jan Voit. These systems were created through the Middle Des Moines Watershed District (MDMWD) and are within the HLWD’s jurisdiction. In order to meet the statutory requirements, the HLWD must issue the orders for redetermination of benefits. In addition, a petition for abandonment has been submitted to Jackson County.
The Board of Managers (Board) of the HLWD, sitting as the drainage authority for HLWD Project 2, pursuant to Minn. Stat. § 103E.351, based on the record and proceedings, Wayne Rasche moved, seconded by Gary Ewert to adopt the following Findings and Order:
Findings:
1. The Order Establishing Ditch for Project 2 was approved by the Board of the HLWD (previously known as the MDMWD) on November 17, 1973.
2. Pursuant to Minn.Stat. § 103D.625, the Board of the HLWD is the drainage authority for HLWD Project 2.
3. Benefits for HLWD Project 2 were determined concurrent with establishment in 1973, prior to the initiation of modern, intensive farming and drainage practices within the HLWD.
4. The 1973 benefits roll reflects the benefitted properties, benefitted areas, and benefit values as determined by viewers based on assumptions regarding the future use and drainage of said properties prevailing at that time.
5. Since the 1973 establishment of HLWD Project 2, the original determination of benefits and damages, land uses and drainage practices have changed resulting in the acceleration of and increase to the flow of water within the drainage system changing the nature and value of benefits accruing to lands from construction of HLWD Project 2.
6. Since the 1973 determination of benefits and damages, land values have changed significantly within the benefited area of HLWD Project 2 and do not reflect reasonable present day land values.
7. On October 2, 2015, the Jackson County Commissioners ordered a redetermination of benefits for HLWD Project 2. It was later determined that Jackson County is not the drainage authority for this ditch system, rather the HLWD is the drainage authority for the ditch system.
8. Hence, based upon the foregoing, the HLWD finds that the conditions required for the initiation of a redetermination of benefits as set forth in Minn.Stat. § 103E.351, Subd. 1, exist and that a redetermination of benefits is therefore warranted.
Order:
Based on the foregoing Findings, the Board of the HLWD, acting as the drainage authority for HLWD Project 2, hereby orders as follows:
A. The Board shall follow the procedures of Minn. Stat. § 103E.351 to conduct a redetermination of benefits for HLWD Project 2.
B. That Ron Ringquist, Dan Ruby, Chuck Bauer, Tom Mahoney, and alternate Greg Tusa are hereby appointed as viewers to redetermination and report the benefits and damages for HLWD Project 2.
C. That within five days of this Order, the Auditor shall execute an Order designating a time and location for the first meeting of the viewers and mail to the viewers a copy of the Secretary’s Order along with a certified copy of this Order.
After discussion, the Board President called the question. The question was on the adoption of the foregoing findings and order, and there were five yeas and zero nays.
Upon vote, the Board President declared the motion passed and the Findings and Order adopted.
9. Order Initiating Redetermination of Benefits for Project 4
Dave Macek explained the system consists of open ditch. He requested a mailing list from the Jackson County Auditor to determine landowner locations. It was then discovered that there were actually two projects – Project 4 and Project 84-4A. This redetermination of benefits is being done on both systems to bring in landowners that are not currently assessed to their system.
The Board of the HLWD, sitting as the drainage authority for HLWD Project 4, pursuant to Minn. Stat. § 103E.351, based on the record and proceedings, Wayne Rasche moved, seconded by Harvey Kruger to adopt the following Findings and Order:
Findings:
1. The Order Establishing Ditch for Project 4 was approved by the Board of the HLWD (previously known as the MDMWD) on February 21, 1976.
2. Pursuant to Minn.Stat. § 103D.625, the Board of the HLWD is the drainage authority for HLWD Project 4.
3. Benefits for HLWD Project 4 were determined concurrent with establishment in 1976, prior to the initiation of modern, intensive farming and drainage practices within the HLWD.
4. The 1976 benefits roll reflects the benefitted properties, benefitted areas, and benefit values as determined by viewers based on assumptions regarding the future use and drainage of said properties prevailing at that time.
5. Since the 1976 establishment of HLWD Project 4, the original determination of benefits and damages, land uses and drainage practices have changed resulting in the acceleration of and increase to the flow of water within the drainage system changing the nature and value of benefits accruing to lands from construction of HLWD Project 4.
6. Since the 1976 determination of benefits and damages, land values have changed significantly within the benefited area of HLWD Project 4 and do not reflect reasonable present day land values.
7. On February 3, 2015, the Jackson County Commissioners ordered a redetermination of benefits for HLWD Project 4. It was later determined that Jackson County is not the drainage authority for this ditch system, rather the HLWD is the drainage authority for the ditch system.
8. Hence, based upon the foregoing, the HLWD finds that the conditions required for the initiation of a redetermination of benefits as set forth in Minn.Stat. § 103E.351, Subd. 1, exist and that a redetermination of benefits is therefore warranted.
Order:
Based on the foregoing Findings, the Board of the HLWD, acting as the drainage authority for HLWD Project 4, hereby orders as follows:
A. The Board shall follow the procedures of Minn. Stat. § 103E.351 to conduct a redetermination of benefits for HLWD Project 4.
B. That Ron Ringquist, Dan Ruby, Chuck Bauer, Tom Mahoney, and alternate Greg Tusa are hereby appointed as viewers to redetermination and report the benefits and damages for HLWD Project 4.
C. That within five days of this Order, the Auditor shall execute an Order designating a time and location for the first meeting of the viewers and mail to the viewers a copy of the Secretary’s Order along with a certified copy of this Order.
After discussion, the Board President called the question. The question was on the adoption of the foregoing findings and order, and there were five yeas and zero nays.
Upon vote, the Board President declared the motion passed and the Findings and Order adopted.
10. Order Initiating Redetermination of Benefits for Project 84-4A
The Board of the HLWD, sitting as the drainage authority for HLWD Project 84-4A, pursuant to Minn. Stat. § 103E.351, based on the record and proceedings, Harvey Kruger moved, seconded by Gary Ewert to adopt the following Findings and Order:
Findings:
1. The Order Establishing Ditch for Project 84-4A was approved by the Board of the HLWD (previously known as the MDMWD) on August 17, 1985.
2. Pursuant to Minn.Stat. § 103D.625, the Board of the HLWD is the drainage authority for HLWD Project 84-4A.
3. Benefits for HLWD Project 84-4A were determined concurrent with establishment in 1985, prior to the initiation of modern, intensive farming and drainage practices within the HLWD.
4. The 1985 benefits roll reflects the benefitted properties, benefitted areas, and benefit values as determined by viewers based on assumptions regarding the future use and drainage of said properties prevailing at that time.
5. Since the 1985 establishment of HLWD Project 84-4A, the original determination of benefits and damages, land uses and drainage practices have changed resulting in the acceleration of and increase to the flow of water within the drainage system changing the nature and value of benefits accruing to lands from construction of HLWD Project 84-4A.
6. Since the 1985 determination of benefits and damages, land values have changed significantly within the benefited area of HLWD Project 84-4A and do not reflect reasonable present day land values.
7. On February 3, 2015, the Jackson County Commissioners ordered a redetermination of benefits for HLWD Project 84-4A. It was later determined that Jackson County is not the drainage authority for this ditch system, rather the HLWD is the drainage authority for the ditch system.
8. Hence, based upon the foregoing, the HLWD finds that the conditions required for the initiation of a redetermination of benefits as set forth in Minn.Stat. § 103E.351, Subd. 1, exist and that a redetermination of benefits is therefore warranted.
Order:
Based on the foregoing Findings, the Board of the HLWD, acting as the drainage authority for HLWD Project 84-4A, hereby orders as follows:
A. The Board shall follow the procedures of Minn. Stat. § 103E.351 to conduct a redetermination of benefits for HLWD Project 84-4A.
B. That Ron Ringquist, Dan Ruby, Chuck Bauer, Tom Mahoney, and alternate Greg Tusa are hereby appointed as viewers to redetermination and report the benefits and damages for HLWD Project 84-4A.
C. That within five days of this Order, the Auditor shall execute an Order designating a time and location for the first meeting of the viewers and mail to the viewers a copy of the Secretary’s Order along with a certified copy of this Order.
After discussion, the Board President called the question. The question was on the adoption of the foregoing findings and order, and there were five yeas and zero nays.
Upon vote, the Board President declared the motion passed and the Findings and Order adopted.
11. Acceptance of Petition and Appointment of Engineer for Nobles County Ditch (CD) 12
Jan Voit explained that Justin Klabo, Advanced Engineering and Environmental Services, Inc. had contacted her regarding the possibility of expediting the process for the preliminary hearing. After speaking with Mike Tow, it was determined that it is possible for the Board to accept the petition, appoint the engineer, accept the preliminary engineering report, and set the preliminary hearing date at this meeting. This can only be done if the engineering firm can sign the agreement and present the required bond.
Kevin Smith explained that the method of construction for the retention area is primarily excavation with no levees or floodwalls needing certification. There will also be work done on culvert crossings on Oxford and Oslo Streets, as well as bank stabilization.
At a public meeting conducted by the HLWD, sitting as the drainage authority for Nobles County Ditch 12, on March 20, 2017, Jim Buschena moved, seconded by Wayne Rasche for adoption of the following Findings and Order:
Findings:
1. On February 27, 2017, the City of Worthington filed a Petition to Impound Drainage System Waters on Nobles County Ditch 12 for beneficial use.
2. The beneficial use described by the Petitioners is to reduce the risk of flooding numerous properties upstream of the impoundment.
3. Pursuant to Minn. Stat. § 103E.227, Subd. 2(b), a bond was not required to be filed with the Petition; or
4. The Petition conforms with the requirements of Minn. Stat. § 103E.227.
5. Pursuant to Minn. Stat. § 103E.227, Subd. 3(a), the Petition requires appointment of an engineer to investigate the effect of the proposed installation and file a report of findings with the drainage authority.
Order:
Based on the foregoing Findings and the entire record of proceedings before the Board, the Board, acting as the drainage authority for Nobles County Ditch 12, hereby orders as follows:
A. The Petition is hereby accepted.
B. Advanced Engineering and Environmental Services, Inc. is hereby appointed to investigate the effect of the proposed installation and file a report of findings with the Secretary.
C. Pursuant to Minn.Stat. § 103E.241, the engineer shall subscribe to an oath to faithfully perform the assigned duties in the best manner possible and file a bond in the amount of $5,000 with the HLWD. The bond shall be subject to approval by the HLWD. The bond shall be conditioned to pay any person or the drainage authority for damages and injuries resulting from negligence of the engineer while the engineer is acting in the proceedings or construction and provide that the engineer will diligently and honestly perform the engineer’s duties.
D. Upon the filing of the report of findings, the Secretary shall promptly notify the Board which will, in consultation with the Secretary, set a time, by order, not more than 30 days after the date of the order, for a hearing on the engineer’s report of findings. The Secretary shall provide notice of the public hearing on the report of findings in accordance with Minn. Stat. § 103E.261.
After discussion, the Board President called the question. The question was on the adoption of the foregoing findings and order, and there were five yeas and zero nays.
Upon vote, the Board President declared the motion passed and the Findings and Order adopted.
12. Contract for Clean Water Fund (CWF) work between HLWD and Conservation Corps
The HLWD has been awarded a CWF grant for the Minnesota Conservation Corps to assist with project installation. A motion was made by Jim Buschena and seconded by Harvey Kruger to authorize Jan Voit to sign the contract. Motion carried unanimously.

13. Order and Notice of Hearing for Preliminary Hearing for Nobles CD 12
At a public meeting conducted by the HLWD, sitting as the drainage authority for Nobles CD 12, on March 20, 2017, Wayne Rasche moved, seconded by Gary Ewert for adoption of the following Order and Notice of Hearing for Preliminary Hearing:
A petition having been filed for a drainage project in the above described system or part thereof and the drainage authority having appointed a project engineer and such engineer having filed the engineer’s preliminary survey report with the secretary of the drainage authority as required by law,
NOTICE IS HEREBY GIVEN that a hearing will be held before the drainage authority on March 30, 2017 immediately following the Final Hearing for Jackson County Ditch 3 which begins at 9:00 a.m. at the Heron Lake Community Center for the purpose of further considering the petition and bond and examining the engineer’s preliminary survey report. All interested persons may attend and be heard thereon.
The petition and bond and engineer’s preliminary survey report may be examined prior to the hearing by any interested person on request at the office of the secretary of the drainage authority located at the HLWD office between 8:00 a.m. and 3:00 p.m. Monday through Thursday.
After discussion, the Board President called the question. The question was on the adoption of the foregoing findings and order, and there were five yeas and zero nays.
Upon vote, the Board President declared the motion passed and the Findings and Order adopted.
14. Reports
District Administrator
Jan Voit reported on the Third Crop Phosphorus Reduction Effort, Tri County News interview, Jackson County Judicial Ditch (JD) 14, Major Watershed Project, Minnesota Pollution Control Agency (MPCA) internal meeting, Jackson County JD 2, US Fish and Wildlife Service request for inkind contribution to a grant application, Jackson CD 3, Jackson County JD 19, HLWD Annual Report, summer intern interviews, Projects 2, 4, and 84-4A, and Nobles CD 12.
Jim Buschena made a motion, seconded by Gary Ewert, to draft a letter to MPCA requesting hiring Houston Engineering, Inc. to write the Watershed Restoration and Protection Strategies Report for the West Fork Des Moines River Major Watershed Project. Motion carried unanimously.
Wayne Rasche asked if a permit would be required to discharge from Jackson County JD 2 into Jack Creek. If a petition is submitted, meeting with the Department of Natural Resources (DNR) will be one of the first steps.
Watershed Technician
Catherine Wegehaupt provided an update on a pending rock inlet project for John Hay, water sampling equipment installation, tile sampling for nitrates, Conservation Corps grant and cedar revetment project sites, DNR permit application for cedar revetment projects, Third Crop Phosphorus Reduction Effort and the five-year cover crop program, contacting Kenny Williams about the bill for rock placement, and requesting the engineer’s estimate for Seward 29, summer interns, and cover crop program data sheets.
15. Adjournment
The meeting adjourned at 9:34 a.m.

Harvey Kruger
Secretary