Location: primarily Ewington and Alba Townships, but also includes sections of West Heron Lake and Rost Townships
Size: provides drainage to approximately 15 square miles or 9,909 total acres
Proposal: consists of cleaning/improving 3 open ditches, constructing 21 new tile branches and 19 new tile sub branches.
Status: The petition for outlet for the existing Lateral 1 was submitted to Jackson County. The Jackson County board held a hearing for this on November 21, 2017. The Jackson County Commissioners voted unanimously to grant the petition contingent upon the approval of the CD 3 improvement project. They also voted unanimously to adopt the benefits and outlet fees as recommended.
An appeal of the Redetermination of Benefits was filed with the court administrator on August 2, 2017. The Jackson County board held a hearing on December 7, 2017 to hear a request for a new Redetermination of Benefits on CD 3. The Jackson County Commissioners voted unanimously to deny a request for a new redetermination based on the fact that there is not reason to change it, that they approve of the method used, and that there is no reason that it is not correct.
The HLWD held Adjourned Hearing 2 on March 29, 2018. Based upon the evidence, the Board of Managers of the HLWD found that the detailed survey report and viewers' report have been made and other proceedings have been completed under Minnesota Statutes Chapter 103#; that the reports made or amended are complete and correct; that the damages and benefits have been properly determined; that the estimated benefits are greater than the total estimated cost, including damages; that the proposed drainage project will be of public utility and benefit, and will promote the public health; and that the proposed drainage project is practicable.
On April 17, 2017, the Board of Managers of the HLWD approved the Findings of Fact and Final Order Establish Drainage Project, Adopting and Confirming Viewers' Report of Improvement Benefits and Damages, Authorizing the Application of Separable Maintenance, and Direcint Construction of the Project.
Alba Grain, Inc. filed an Appeal from the Final Order for Jackson CD 3 with the Jackson County Auditor on May 15, 2018. Informational statements were filed with the District Court on September 25. A scheduling conference was held on October 2.
The judge's order, issued on October 8, stated: Depositions were to be completed on or before November 2. Discovery and disclosure of experts or rebuttal witnesses were to be completed in full on or before December 31. A motion hearing, dispositive or non-dispositive shall be held on January 15, 2019. A Pre-Trial Conference shall be held by phone on March 12, 2019. The court trial is scheduled for March 21 and 22, 2019. The alternative dispute resolution process of mediation shall be used in this matter and shall be completed in full on or before March 1, 2019.
Mediation for CD 3 was held on February 11, 2019 in New Ulm, Minnesota. Bruce Sellers, petitioners' attorney; Chuck Brandel, HLWD engineer; Louis Smith, HLWD legal counsel; and Jan Voit, HLWD Administrator were in attendance. A tentative settlement was reached. Louis Smith presented the proposed settlement to the Board of Managers of the HLWD during a closed meeting on February 19. The board approved the settlement when the meeting was re-opened.
Chuck Brandel is updating the final plans and putting together the bid sheets. Advertising will be done in the next two weeks with bid opening in June. It is hoped that construction will begin in October.