Otter Tail County Drainage Authority County Drainage (Ditch) System - PDF document

Otter Tail County Drainage Authority County Drainage (Ditch) System 5 County Drainage (Ditch) System 36 County Drainage (Ditch) System 68 Redetermination of Benefits and Consolidation Public Hearing Minutes Henning Community Center – 607 2 nd Street, Henning, MN Monday, January 25, 2016 The Otter Tail County Board of Commissioners convened as the Otter Tail County Drainage Authority at 6:00 p.m. on Monday, January 25, 2016 at the Community Center in Henning, MN for the purpose of discussing and considering the preliminary Ditch Viewers’ Report of Re- determined Benefits and for the purpose of considering the possible consolidation of County Ditch System 5, County Ditch System 36 and County Ditch System 68. Leland R. Rogness, Chair called the meeting to order at 6:00 p.m. and welcomed the following persons from the public (drainage area) who were in attendance: Mike Benedict Seth Bercier Bernal Cichy Craig Cordes Roger Deckert Ken Doll Melany Doll Eric Evavold Tom Grasswick Jaynie Greenwood Lloyd Greenwood David Heard James Heinze Delwyn Helmbrecht Eugene Hollatz Frieda Hollatz Vernon Hollatz Dale Koski Brennan LaVan Makayla LaVan John Lindberg Gary Loser Bill Pedrow Rick Rehm Steve Smith Gerald (Jerry) Swartz John Swartz Robert Shaw Steven Wark Sharon Wark Cynthia Wimer Jerry Wimer Please note – the above list contains 32 names of persons in attendance that were not representatives of Otter Tail County. It should also be noted that the attendance sheets contained 35 signatures. Three of those signatures represented county appointed ditch viewers and two of the signatures were not readable, which means that at least two individuals in attendance did not sign the attendance sheets. Kevin Fellbaum, Otter Tail County Ditch Inspector, stated that the order for tonight’s public hearing would be as follows: 1. Comments from Leland R. Rogness, Chair- Otter Tail County Drainage Authority. 2. Introductions. 3. Kevin Fellbaum, Ditch Inspector’s presentation, which would address the following: a. a brief review of ditch proceedings, b. the reasons for the public hearing (redetermination and consolidation), c. a brief history of County Ditch System 5, County Ditch System 36 and County Ditch System 68, d. a map outlining the location of County Ditch System 5, County Ditch System 36 and County Ditch System 68, e. a map outlining the benefited area of County Ditch System 5, County Ditch System 36 and County Ditch System 68, as originally determined and as re- determined, f. a general background on ditch viewing, which includes describing land types before and after the establishment and maintenance of the drainage system, as well as lake lot land descriptions,

g. a general overview of the Ditch Viewers’ Preliminary Report of Re-determined Benefits and how to read the report, and h. the noting for the record letters that had been received by email prior to the scheduled hearing. i. Note – an email from Eric Evavold was noted. A copy has been included as a part of the minutes. ii. Note – an email/letter from Kevin D. Wendt was noted. A copy has been included as a part of the minutes. 4. Comments from David Hauser, Otter Tail County Attorney. 5. An opportunity for comments and questions from those in attendance regarding the redetermination and the possible consolidation of these three systems. 6. Recess of this public hearing to a date certain to allow the ditch viewers to reexamine properties requesting a second review. LeLand R. Rogness, Chair, requested during the public comments and questions section of the public hearing that individuals desiring to speak follow these general principles: 1. State your first and last name for the record. 2. Speak as loud and clear as possible so that all those in attendance can hear your comments and/or questions. 3. Address your comments and/or questions to the Board. 4. Limit your comments and/or questions to two minutes so that all those in attendance have an opportunity to speak. 5. Be respectful of the comments and questions shared by others whose opinion may differ from yours. 6. Once everyone in attendance that desires to speak has had an opportunity to speak you may address the Board again with additional comments and/or questions. The following individuals were in attendance and represented the County Drainage Authority and County Staff: Wayne Johnson - Second District Commissioner John Lindquist – Third District Commissioner Roger Froemming – Fourth District Commissioner LeLand R. Rogness – Chair - Fifth District Commissioner David Hauser – County Attorney Rick West – Public Works Director/County Highway Engineer Kevin Fellbaum – County Ditch Inspector Ditch Viewer (for this project) – Richard Bergquist Ditch Viewer (for this project) – Dennis Tigges Ditch Viewer – Jeff Wiebe Wayne Stein – Secretary - County Auditor-Treasurer At this time, Kevin Fellbaum, County Ditch Inspector, proceeded with his presentation. Mr. Fellbaum noted that two of the three ditch viewers were in attendance and available to answer questions. Mr. Fellbaum’s presentation is detailed in the attached document, which has been incorporated as an official part of the minutes. Mr. Fellbaum’s PowerPoint presentation will also be posted to the County’s official website. Mr. Fellbaum stated that at the end of the meeting he would record the names and property locations of those individuals in attendance requesting additional review by the ditch viewers of the benefits as currently re-determined and assigned to their property. Mr. Fellbaum also stated at the end of his presentation that he would accept requests for additional review through the end of the week (Friday, January 29 th , 2016).

This extension would allow those in attendance that might not have understood the preliminary Ditch Viewers’ report prior to tonight’s public hearing or who did not have access to the report an opportunity to review the report in greater detail and to discuss the reports with others in the drainage area to determine if they have a need to request additional review. Upon completion of Mr. Fellbaum’s presentation, the attached letters noted above, which were received by email prior to the public hearing were note for the record and incorporated as an official part of the minutes. LeLand R. Rogness, Chair, called upon David Hauser, County Attorney, for comments. Mr. Hauser noted that Mr. Fellbaum’s presentation addressed nicely the issues for consideration at the public hearing. Mr. Hauser asked if there were any questions and indicated his availability during the remainder of this evenings public hearing to help answer questions and provide information as it relates to drainage laws. LeLand R. Rogness, Chair, opened the public hearing to those in attendance for comments and/or questions with the following individuals addressing the Drainage Authority: Bernal Cichy Roger Deckert Dale Koski John Lindberg Glen Olson Bill Pedrow Robert Shaw Steve Smith Jerry Swartz John Swartz Cynthia Wimer Jerry Wimer Note – that those in attendance were encouraged to focus their comments and/or questions on the Ditch Viewers’ Preliminary Report of Benefits as Re-determined for County Ditch 8, County Ditch 36 and for County Ditch 68, and on the proposed consolidation of County Ditch 36 and for County Ditch 68. At times it was difficult for the secretary to clearly hear the comments being shared. The following is the secretary’s summary of the public input shared by those individuals that choose to address the Board at the public hearing: 1. The following question was raised: How was the drainage area determined? It was noted that the ditch viewers start with the catchment area as identified by the Department of Natural Resources. The ditch viewers than use onsite visits and additional technology (LIDAR, Topography Maps etc.) to fine tune the area benefited by the drainage systems. 2. An individual indicated that the property owner’s report he had received was not a complete letter. He assumed there was a printing error. After the meeting the secretary informed this individual that a complete letter would be sent. 3. Concern was expressed about blockages within the drainage system. 4. A number of individuals in attendance requested additional review of their property/properties and the benefits that had been assigned. These individuals were encouraged to leave there names with Kevin at the conclusion of the public hearing. 5. Some individuals expressed an interest in retaining the water on their property as it currently exists. The process of impounding water within a drainage system was noted. 6. There was a question regarding the establishment of buffer strips and how they are measured. Kevin Fellbaum explained how they are established and measured. 7. It was noted that property owned by the State of Minnesota within the drainage area is also assigned benefits and contributes financially to the costs associated with repair and maintenance of the systems.