HomeMy WebLinkAbout2011-035 Council Resolution110 Council Member
moved its adoption: Roeser introduced the following resolution and
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CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 11 -35
CONSENT TO CONDUCT DRAINAGE PROCEEDINGS FOR
ANOKA COUNTY DITCH 10 -22 -32 UNDER THE WATERSHED LAW
WHEREAS, Rice Creek Watershed District ( "RCWD ") is the drainage
authority for Anoka County Ditch 10 -22 -32 (the "Drainage System "); and
WHEREAS, RCWD is proceeding on a petition to repair the Drainage
Systems; and
WHEREAS, the RCWD Engineer is preparing a repair report
recommending a repair option that balances the drainage function of the Drainage
Systems with ecological concerns in the watershed; and
WHEREAS, Minnesota Statute 103D.621 Subd. 4, grants RCWD the
authority to undertake proceedings related to the Drainage Systems in accordance with
the Watershed Law (Minnesota Statutes Chapter 103D) rather than the Drainage Code
(Minnesota Statutes Chapter103E), subject to concurrence by city councils and town
boards where the Drainage Systems are located; and
WHEREAS, RCWD has requested concurrence from the City of Lino
Lakes to conduct the necessary proceedings related to the Drainage Systems under the
Watershed Law and the Drainage Code; and
WHEREAS, the purpose of conducting proceedings under the Watershed
Law is to provide consistent management of all drainage systems under RCWD
management, comprehensive wetland management, and appropriate administration of
resource management plans; and
WHEREAS, conducting the proceedings under the Watershed Law will
facilitate flexibility in financing the recommended repair option.
NOW, THEREFORE, BE IT RESOLVED that the City of Lino Lakes City
Council, in accordance with Minnesota Statute 103D.621 Subd. 4., the City of Lino
consents to the Rice Creek Watershed District's request to conduct proceedings for
Anoka County Ditch 10 -22 -32 under Minnesota Statutes Chapter 103D.
ATTE T:
ne Bartell, City C
Adopted by the Lino Lakes City Council thisl4 day ofMarch , 2011.
The motion for the adoption of the foregoing resolution was duly seconded by
Council Member Rafferty and upon vote being taken thereon, the
following voted in favor thereof:
Roeser, Rafferty, Gallup, Reinert
The following voted against same:
none (Absent - O'Donnell)
Whereupon said resolution was declared duly passed and adopted.
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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.
The City Council reviewed the request with the Watershed District at the February 7
and March 7, 2011 work sessions. Following discussion the council directed staff to
place the item on the March 14, 2011 agenda for consideration.
RECOMMENDATION:
Staff is recommending adoption of Resolution Number 11 -35.
ATTACHMENTS
1. Resolution 11 -35
2. 10 -22 -32 Ditch System
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Project Location
Map
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® Eliminate Field Xing (By Owner)
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Repair Public Ditch to Functional Profile
Current Private System
Maintain Public Ditch
RCWD Boundary (2010)
DHydrologic Boundary
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Township/Range
® Install Water Control Sevcture
Rice Creek Watershed District
ACD 10-22-32
Addendum to the Repair Report
Figure A-1 ACD 10-22 -32 Revised Engineer's Recommended Allemettoe
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