Board member who sued agency fails to win reappointment

Larry Koch, a controversial figure on Riley Purgatory Bluff Creek Watershed District’s board of managers, has failed in his bid for appointment to a third term at the agency.

But, Koch says he’ll continue with his lawsuit against the watershed district and its staff administrator, alleging that the district overstepped its authority in recently purchasing 28 acres of land along Spring Road, near Fredrick-Miller Spring in Eden Prairie. His lawsuit is currently being considered in Hennepin County District Court.

Koch is one of five members of the watershed district’s board of managers, all of whom are appointed either by the Hennepin County Board or the Carver County Board. They are paid $125 per meeting plus $125 for meeting preparation. The district includes portions of Eden Prairie, Bloomington, Chanhassen, Chaska, Minnetonka, Deephaven, and Shorewood that drain to RIley, Purgatory, and Bluff creeks.

After serving the past six years, Koch reapplied for another three-year term beginning in August but failed to get the backing of the Chanhassen City Council, whose list of three recommended candidates did not include Koch. Six individuals, including Koch, applied for consideration.

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Bound by state statute to follow Chanhassen’s recommendation, the Carver County Board on June 18 appointed Bonnie Nelson to the board of managers. A retired Minnesota Pollution Control Agency engineer, Nelson has been a member of the watershed district’s volunteer Citizens Advisory Committee (CAC) for the past year. Both Koch and Nelson reside in Chanhassen.

Questions about the process

The City of Chanhassen’s decision not to support his reappointment has Koch wondering if there was a concerted effort to replace him. “I have a tendency to believe that,” he said Tuesday after the county board’s decision.

Carver County Board Commissioner Tom Workman wonders the same thing. He voted “no” in the 4-1 county board decision to appoint Nelson, and said the entire appointment process deserves a closer look.

“I think the board ought to investigate: What’s wrong with Larry?” he said at the meeting. “He wants the job. He’s done exactly what an appointed public official ought to be doing.”

But Terry Jeffery, the watershed district’s staff administrator, said the only concerted effort relating to the board appointments – there is a second board manager opening, to be decided by the Hennepin County Board on June 25 – was his work to let CAC members and representatives of lake associations in the district know about the openings in case they were interested in applying.

“I would truthfully say no,” Chanhassen City Manager Laurie Hokannen responded when asked if there was a Chanhassen City Council effort to block Koch’s reappointment based on his performance.

She said the city council, in approaching appointments to boards and commissions, has a practice of opting for a new, well-qualified candidate whenever an incumbent seeking reappointment has served two or more terms.

Koch was one of five applicants who met with city council members in May during a work session and answered questions in a round-robin format. (A sixth candidate was on a flight and could not attend, Hokannen said.) The council later deliberated and recommended Nelson, Andrew Aller, and Edward Goff to the county board, with Nelson as their top candidate, she said.

Koch was a frequent critic

Koch, in addition to filing a lawsuit against the district and Jeffery, has been a frequent critic of watershed district policies and practices during monthly meetings of the board of managers, sometimes contributing to delayed decisions and sessions lasting longer than expected.

“I’m not sure that was always appreciated,” he said this week. “I tried to bring some business, organizational processes to the district. That was one of my goals: to make it professional. And I think I’ve been able to accomplish that.”

A consistent “no” in the board of managers’ 4-1 votes to purchase and preserve as open space the Eden Prairie property previously approved for high-end homes, Koch filed a civil lawsuit against the watershed district in December 2023, contending it exceeded its authority in deciding on Nov. 16, 2023, to buy the property for $5.775 million.

He said at the time that he viewed the purchase as “egregious” and beyond the district’s mandate to regulate public waters. The lawsuit is pending in court; meanwhile, the watershed district closed on a contract-for-deed purchase of the property in April.

Now, with his time on the board of managers soon to end, Koch admits to having mixed feelings.

“I wish Bonnie Nelson well,” he said. “I still have some concerns about the (reappointment) process and procedure.”