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Board hears from attorney about ditch

County had previously found no man-made obstruction occurred

October 8, 2017
Robert Brewer - Register Staff Writer , Faribault County Register

The Faribault County Board considered an order for obstruction of Faribault County Ditch 24 at their last meeting.

This matter came before the Drainage Authority after the complaint of Charles Carlson, a landowner on CD 24, that the drainage system has been obstructed at a parcel owned by Golly Farms.

At an obstruction hearing on Sept. 19, it was determined by the board there was no man-made obstruction created by a person or public authority within the area of question.

Minneapolis attorney Erick Kaardal, who is representing Carlson in the matter, was in attendance for the meeting and addressed the board. Kaardal brought about claims of the board being in violation of his client's due process.

"I'm surprised the County Board put us on the agenda without reopening the hearing," said Kaardal. "I thought you had already made your decision, so it seems to me that there are due process violations here under the Minnesota statute.

"There are many problems with the proposed findings because the evidence that is identified relating here wasn't actually submitted to you at the hearing," Kaardal continued.

Ultimately, County Board members took a roll call vote to approve their findings that no man-made obstruction exists on CD 24. Carlson now has 30 days to file an appeal.

CD 24 is a 1,008 acre watershed located in Winnebago City Township in Northwest Faribault County. The CD 24 system consists of approximately 17,730 linear feet of buried tile, approximately 1,800 linear feet of deep open ditch, and approximately 9,000 feet of shallow grassed waterway.

Faribault County public works director and county engineer Mark Daly was also in attendance for the meeting and informed the board the cost of the completed North Main Street project in Blue Earth was actually under budget. The final contract amount of $2,076,627.80 was three percent less ($72,957.13) than the original contract bid of $2,149,584.93.

To date, $1,959,391.06 of the total cost has been paid to the contractor, leaving the remaining balance at $117,236.74.

Daly also updated the board on the status of salt and sand work. With a total budget of $100,000, an amount of $87,515.69 has been spent on sand washing efforts.

Additionally, Daly noted construction on both abutments of Bridge 3130 has been completed.

County State Aid Highway 4 (CSAH) was recently closed as county crews salvaged the bridge railings. Bridge removal efforts are underway.

Additionally, Canadian Pacific Railway has failed to process a permit which was submitted back in July. As a result, the contractor assigned to the CSAH 32 project along Third Avenue in Wells has experienced unexpected delays.

Other items from the meeting included:

The approval of a grant from the Subsurface Sewage Treatment Systems (SSTS) grant to Kristina Ratcliff in the amount of $3,000.

The board also authorized a SSTS loan of $12,000 and an additional grant of $3,000 to Donald Kloss.

A loan of $12,438.92 and a grant of $3,000 to Dwight and Lori Olson was also endorsed by the board.

The County Board also approved 2018 long term disability rates and renewal rates for Sun Life Insurance.

A motion was passed to approve 2018 monthly rates and Medicare rates for the Blue Cross Blue Shield retiree group.

The Mid-Continental Restoration contract in the amount of $6,694.00 to repair fascia on the courthouse roof was also approved by the board.

A motion was carried to approve the Emergency Management grant of $19,784.

The Minnesota Department of Veterans Affairs (MDVA) grant request of $10,000 was authorized by the County Board.



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