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AGENDA ITEM 6G STAFF ORIGINATOR: Michael Grochala COUNCIL MEETING DATE: March 14, 2011 TOPIC: Resolution No. 11 -35, Consent to Conduct Drainage Proceedings for Anoka County Ditch 10 -22 -32 Under the Watershed Law ACTION REQUIRED: Simple Majority BACKGROUND: 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. Concurrence with the use of alternative authority is not an endorsement of any project. A separate legally established procedure is required for any future project. 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.