05/15/1985 Council Minutes - Laserfiche WebLink

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SPECIAL COUNCIL MEETING May 15, 1985 Page -4- and profile as what was present when the ditch was originally constructed. This can be done through chapter #106 of ditch laws which is the municipality submits a petition in conformance with chapter #106, if the capacity of the ditch as it was originally constructed is not adequate to serve the area and the municipality wishes to have the capacity increased this would be a new project. Review requirements are more stringent since the RCWD has to look at its effects down stream, etc. Mr. Marier asked what are you doing presently to maintain these ditches, especially in the past ten years. Mr. Willenbring said, nothing. Mr. Marier asked what is your responsibility to carry forward maintenance programs for the ditches pointed out by Mr. Davidson. Mr. Cardinal said there would have to be a petition for maintenance. Mr. Marier said the RCWD is collecting a tax for maintaining the ditches and is doing nothing. Mr. Willenbring said funding for maintenance of the ditch systems has not been established at this time. The maintenance could be assessed back to the bene- fitPrl property owners. Mr. Marier said the RCWD is collecting taxes for maintaining ditches and is not expending it for maint- aining them. Mr. Cardinal explained the RCWD only gets $15,000.00 a year for ditch maintenance for the total district. Mr. Marier said nothing has ever been spent in Lino Lakes. Mr. Reinert asked what was the original intent of these ditches? Mr. Willenbring felt it was for agricultural purposes. Mr. Reinert noted that in this particular area of Lino lakes the ditches still serve this purpose, to lower the water table for agricultural use. The ditches have not been adequately maintained and are not oper- ative. If there is not adequate funds for maintenance and since they were passed to RCWD from the county the county has some res- ponsibility to also fund some of the maintenance problems. Mrs. Langfeld said in watershed law, maintenance does not mean there is on going responsibility. There will not be any mainten- ance until there is a petition presented from the municipality. Mr. Reinert felt there should be a joint petition from Lino Lakes and the county since the county has a stake in this problem. Mr. Bohjanen said regardless of whoever presents the petition the benefited property owners will have to be assessed. Isn't this double taxation since each property owner paid part of the $15,000.00 RCWD maintenance fund each year? Mr. Marier said RCWD should make the present ditches operable and then see if additional ditching is needed. If additional ditch- ing is needed then maybe an assessment is called for. Mr. Willenbring said it is a fact of life there simply is not 1 1 1