July Minutes Yellow Medicine River Watershed District YMRW

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July Minutes Yellow Medicine River Watershed District YMRW Powered By Docstoc
					                            Yellow Medicine River Watershed District
                            122 North Jefferson Street P.O. Box 267
                                 Minneota, Minnesota 56264
                                507-872-6720 Fax 507-872-6958

July 19, 2010
Regular meeting minutes

The regular meeting of the Yellow Medicine River Watershed District board of managers
was called to order at 9:00 a.m. Board managers present were Donald Oerter, Jeff
Hoffman, John Boulton, Tim Buysse, and Corey Hoffman. Also in attendance was
Cindy Potz, administrator. Other parties in attendance were Wayne Van Maldeghem,
Lisa Olson, Cindy Frensko, Tom Frensko, Joe Rybinski, Sr, Mike J Rybinski, James
Knoff, Doug Gregoire, Tom Oftedahl, and Mike Barker, contractor.

#1. Approval of Agenda

The agenda was presented to the board for review and approval.
07-01-2010 Motion was made by Jeff Hoffman, seconded by Boulton, to approve the
agenda. All voted aye. Motion carried.

#2.Approval of Previous Minutes

The draft minutes of the regular meeting of June 14, 2010 were presented to the board for
approval. The minutes of the special meeting of July 8, 2010 were presented to the board
for review as well.
07-02-2010 Motion was made by J Hoffman, seconded by C Hoffman, to approve the
June 14, 2010 minutes, and the special minutes of July 8, 2010. All voted aye. Motion

#3. Approval of Treasurer's Report

The treasurer's report was presented to the board by Potz. She presented the monthly
budget report, and the profit and loss statement for the past month. Discussion was held
on whether an account for the Lac Qui Parle River overflow project exists. Potz stated
that it does exist and will be available for transactions.
07-03-2010 Motion was made by Buysse, seconded by Boulton, to approve the
treasurer's report. All voted aye. Motion carried.

#4.Approval of Submitted Warrants

The submitted warrants were presented to the board for discussion and approval. The
board decided to table any and all requests for payments on the Ditch 21 Renken project,
pending a decision by a judge as to who is responsible for the warrants acquired during
the time of the appeal by Renken, from December 2009 to present. According to
documents received recently, that decision will be considered by the judge on August 19,
7-04-2010 Motion was made by J Hoffman, seconded by Buysse, to approve the
submitted warrants. All voted aye. Motion carried.

The approved warrants are as follows:

      6723    James Wambeke                      rent                           $500.00
      6731    Century Tel                        telephone                      $124.49
      6724    Netpoint                           internet service                 $8.95
      6734    Northern Business products         supplies                       $116.36
      6743    managers per diem                  Oerter                         $425.48
      6739                                       Boulton                      $1,021.91
      6740                                       Buysse                          $73.76
      6741                                       C Hoffman                      $467.03
      6742                                       J Hoffman                      $340.88
      6738    staff                              Potz                         $2,155.46
      6737                                       Moon                           $833.46
        eft   PERA                               employee retirement fund       $637.18
        eft   IRS                                payroll taxes                  $955.88
      6733    Minneota Mascot                    advertising and printing        $320.72
      6732    The Computer Man, Inc.             printer and monitor             $356.91
      6728    mvtl laboratories                  lab south branch tmdl           $338.00
      6728    mvtl laboratories                  swag                          $2,229.80
      6725    Mn Association of Soil and Water   registration                     $70.00
      6726    Prellwitz Tiling                   fallen tree removal             $285.00
      6727    Larson Tiling                      Ditch 4                       $1,015.33
      6730    Davis Typewriter Co, Inc           supplies                          $7.65
      6735    Marshall Independent               advertising                     $118.48
      6736    Francis Engels                     SB TMDL                         $483.14
      6729    Schuler Environmental              SB TMDL                       $1,395.00

#5.   Approval of Submitted Tiling Permit Applications

Discussion was held on the submitted permit applications.

07-05-2010 Motion was made by Boulton, seconded by C Hoffman to approve the
submitted permit applications. All voted aye. Motion carried.

Permit applications approved are as follows:
 1072010   Darin and Dion Sussner   YM        Oshkosh               35   NE 1/4
 2072010   Tom Oftedahl             YM                    13-24/18-19
                                              Normania/Sandes            Ditch 16 control gate
 3072010   Larry Kosmalski          Lyon      Eidsvold              17   SW 1/4
 4072010   Richard Pitzl            Lincoln   Hendricks             14   SW 1/2 of SW 1/4

#6. Lisa Olson-Arnold Wiese

Lisa Olson and her tenant Wayne VanMaldeghem met with the board at 2:00 p.m. to
discuss a grievance with a tiling project completed by Arnold Wiese this past season, as
well as tiling completed by Wiese in the past ten years. She stated that she has been
trying for several years to deal with the excess surface water coming from the south of
her property, through a waterway that has been dug deeper, and under county road 2. She
stated that she has voiced her complaint to the watershed district at various times upon
seeing additional tiling or ditch cleaning being done on the Wiese property. She stated
that she has never been contacted as the neighboring landowner, to ask permission to
drain to her land. Lisa also stated that during this time, additional wetlands have been
created on her property, and she would like the watershed board to assist in eliminating
those as well. She was told that NRCS in Clarkfield has the authority to view and
redetermine wetland status, not the watershed board. Lisa presented a cost estimate to the
watershed board as to the projected cost of creating an adequate tiling system that would
take on the amount of drainage involved. The cost estimate was submitted by K and K
Tiling, and is only a rough estimate. A portion of the cost estimate was for boring under
the highway, and all of the cost estimate would need to be surveyed before definite
figures can be determined. The cost of the project and who will cover the cost of the
project is in question.
In response to whether anyone has contacted Arnold to determine what he has done in the
aspect of tiling and cleaning of the ditch and how much of his tiling was permitted and
what was not, Potz stated that he doesn’t have a phone, and she has not been in contact
with him. C Hoffman and J Hoffman had been called previous to this meeting to view
the site, and they had not contacted Wiese as yet. Potz remembers that a previous
discussion/letter from Arnold Wiese indicates that he feels that he has not done any
illegal tiling, and he feels that he is being harassed by Olsons and other agencies. He
indicated that he will file a lawsuit if this continues. Olson had remarked that she and her
husband were told to get off the property at the last time they attempted to visit with
After further research, the board will determine whether a permit procedure was violated
by either the board or by the landowner. If it is determined that the board approved a
permit for the extent of the tiling that was done, we will determine the reasoning and/or
the person responsible for approving the permit. Possible action to be taken could
include the watershed district cost sharing on a project that would resolve the drainage
dispute. It was also suggested that it might be necessary for the landowners or the
watershed district to petition and create a public system to be managed by the board, and
therefore equally cost shared by all landowners involved according their acreage amounts
and the benefits as determined by a viewer/surveyor.
Other proposals for resolving the matter were discussed. Hearing various uncertain
reports on what was alleged to be said by the county commissioners, the county highway
department, Potz suggested that we schedule a meeting in the near future, and request the
attendance of the county commissioners, the county highway department, John Kolhei,
YM county ditch inspector, the YM County NRCS agency, K and K Tiling, and the
contractor who did the tiling for Wiese. The board requested that Potz schedule and
establish the meeting.

#7. Jimmy Knoff- Tom Frensko

James Knoff and Tom and Cindy Frensko met with the board to discuss a complaint by
James Knoff that someone had installed a plywood barrier in the township ditch in front
of a township culvert, in an effort to control the flow of the drainage. The matter seemed
uncertain as to whether Knoff approved of the use of the plywood, or disapproved of the
removal of the plywood, which upon removal of the plywood, caused backup of water
again onto his property. Don Oerter asked Frensko whether he had put the plywood in
the ditch. Frensko asked how is it a problem? Knoff again asked Frensko whether he
put the plywood in the ditch, and again, Frensko asked how is it a problem. The board
stated that any attempt to control the flow of water in the Yellow Medicine River
watershed district without a permit, is a problem. The board would like to see either an
application to the board from whoever intends to install and maintain the “plywood
control structure”, or remove it. Continued discussion seemed to revert continually as to
who put the plywood in, and how is it a problem. Arguing between the parties increased,
and Don Oerter asked the parties to carry the conversation outside. The parties did not
leave. The board stated that will set up a meeting to view the area, and determine the
necessity of the installation of the plywood. The board stated that the township officers
of Royal township should be involved in this, as this is a township road. The board
asked the parties to leave, as no purpose was being made. The matter will be dealt with
in the future, if the plywood remains.

#8. Watershed Ditch 16 repairs

Ditch 16 shareholders and contractor met with the board to discuss their proposal to being
repairs and replace a control gate on Ditch 16. Doug Gregoire stated that the original
control gate has rusted and broken and is no longer serving a purpose. Gregoire, Tom
Oftedahl, and contractor Mike Barker visited with the board on the submitted estimated
cost of the repair, which includes a sluce gate. Discussion was held on the proposal, on
sharing this information with all parties involved in Ditch 16, and on the procedure for
assessing the cost to the ditch 16 shareholders. Discussion was held on the existing
deficit of $4000.00 on the Ditch 16 account. The assessment to the ditch 16 shareholders
would have to include that amount of money as well, to cover that deficit. Discussion was
held on the mailing list for the shareholders. Potz will find the existing list and update it
if necessary. Gregoire and Oftedahl asked for a copy of the shareholders list as well so
they could contact the landowners.
The board asked Potz to schedule a meeting with the shareholders at the next board
meeting to inform the shareholders of the proposal.
#9. Board managers reports

Jeff Hoffman and Corey Hoffman attended the BWSR water management summit on
July 12, 2010 in St Cloud. Corey presented a packet of information gathered at the
summit. The summit covered numerous topics, with the focus on state funded and county
funded organizations working together to manage funds in a controlled manner.
Discussion was held on the recent Lac Qui Parle Overflow project, in which it appears
that the river has jumped its banks, and flowed into the Yellow Medicine Watershed
District, having washed into neighboring cropland owned by Tim Miller, and also having
detrimental effects on Watershed Ditch 5 and Mud Creek. Numerous complaints by
landowners were heard. Board managers C Hoffman and J Hoffman met with Mary
Homan, Lac Qui Parle_Yellow Bank Watershed Coordinator, to view the sites and
determine the options for repairs and future bank stabilization. C Hoffman and J
Hoffman reported that Mary Homan stated that she has some grant funding available to
repair the sites. She is contacting Area II for surveying and design assistance.

#10. Administrators Report

Potz reported that she has received a request from landowners adjacent to the new
addition in Ivanhoe on the northwest corner of the city, in which they had previously
submitted a grievance about the city of Ivanhoe allegedly replacing a culvert along the
old trail, and causing additional undue drainage to the Sterzinger land to the west of the
city property. Research by Oerter and Swedzinski showed that according to the mayor
of the city of Ivanhoe, the size of the culvert had not been changed, simply replaced. It
has also been stated that the city of Ivanhoe had not submitted a tiling and drainage
permit application before beginning or completing the project. A tiling permit has been
submitted and approved as of May 2010. An after the fact permit fee had not been
requested as of yet. Sterzinger stated that as the city had not paid the fee, he would like
to request that the city pay for running a tile line from the culvert to the County Ditch to
the west, running through Sterzinger land. Sterzingers request that Pat Sterzinger Tiling
be hired to do the work. Oerter stated that since he feels that the culvert was not made
any bigger, the city of Ivanhoe is not to blame, and should not be forced to pay for the
tiling. Discussion will continue with the city of Ivanhoe engineer and the mayor.

#11. Upcoming events

BWSR 3rd Annual Training Academy October 26-28, 2010
Breezy Point, Pequot Lakes, MN
Yellow Medicine River Watershed District Annual Advisory Hearing
7:00 p.m. August 19, 2010 Taunton Senior Center, Taunton, Mn
#12. Adjourn the Meeting

Oerter asked for a motion to adjourn the meeting.

07-06-2010 Motion was made by Buysse, seconded by Boulton to adjourn the meeting.
All voted aye. Motion carried. Meeting adjourned.

Respectfully Submitted,

Corey Hoffman, secretary of the Yellow Medicine River Watershed District

Minutes prepared by CMP

The next regular meeting of the Watershed District board of managers will be held
on August 9, 2010 at 9:00 a.m. at the office of the Yellow Medicine River Watershed

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