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• • • WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: Council Work Session, March 7, 2011 To: City Council From: Michael Grochala Re: Rice Creek Watershed District - Water Management District Anoka County Ditch 10 -22 -32 Background Phil Belfiori, Administrator for the Rice Creek Watershed District (RCWD), discussed the request with the Council at the February 7, 2011 work session. The Council directed staff to place the item on the March works session agenda for further discussion. A question was asked regarding whether the City Charter limited the City's ability to concur with the request. The City Attorney has responded that Section 1.02 of the City Charter reserves all power to the City unless otherwise stated, and there is nothing within the document that would restrict the council's authority with respect to this issue. Anoka County Ditch (ACD) 10 -22 -32 is located in the NW corner of Lino Lakes with portions of the system and /or contributing area extending into both Blaine and Columbus. The RCWD, the ditch authority for 10- 22 -32, is working on a repair report for the ditch system. The report is part of a systematic effort by the RCWD to inspect, maintain & repair all public drainage systems. Under state law the Rice Creek Watershed District may undertake proceedings related to the drainage system in accordance with the Watershed Law (Minnesota Statute Chapter 103D) rather than the Drainage Code (Minnesota Statutes Chapter 103E) subject to concurrence by the city council where the system is located. This alternative authority was created by the state legislature to simplify the improvement and repair process to more adequately and economically improve and repair drainage systems in the metropolitan area. The RCWD is requesting City consideration of a resolution consenting to their proposal to use its watershed law and metropolitan surface water management authorities to finance the repairs. If they do not get concurrence from each of the City's, they are forced to stay within the antiquated and narrow confines of ditch law. The cities of Blaine and Columbus have previously consented to this approach. The Environmental Board reviewed the request in June of 2010 and recommended approval. The RCWD previously provided an overview of the ditch system and this request to the city council in June of 2010. No action was taken by the council. Concurrence with the use of 1