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HomeMy WebLinkAbout2013-074 Council Resolution• • CITY OF LINO LAKES RESOLUTION 13 -74 CONSENT TO CONDUCT DRAINAGE PROCEEDINGS FOR ANOKA COUNTY DITCHES 53 -62, UNDER THE WATERSHED LAW WHEREAS, Rice Creek Watershed District ( "RCWD ") is the drainage authority for Anoka County Ditches (ACD) 53 -62 (the "Drainage System "); and WHEREAS, RCWD performs repair and maintenance activities on the Drainage System, including current repair proceedings for ACD 53 -62; 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; WHEREAS, by Resolution No. 11 -35, on March 14, 2011, the City Council previously consented to the conduct of drainage proceedings for ACD 10 -22 -32 under the Watershed Law; WHEREAS, RCWD has requested concurrence from City of Lino Lakes to conduct the necessary proceedings related to the Drainage System in the City of Lino Lakes under the Watershed Law, rather than the Drainage Code; 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., consents to the Rice Creek Watershed District's request to conduct proceedings for Anoka County Ditches 53 -62 under Minnesota Statutes Chapter 103D. Adopted by the Council of the City of Lino Lakes this 10th day of June, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member O' Donnell and was duly seconded by Council Member ; , and upon vote being taken thereon, the following voted in favor ther O'Donnell, Roeser, Rafferty, Stoesz, The following voted against same: none ATTEST: e Bartell, City Clerk� e Rein MEMORANDUM Rice Creek Watershed District To: Mike Grochala, Community Development Director Date: June 7, 2013 From: Phil Belfiori, RCWD Administrator Subject: Follow -up from June 3, 2013 Council work session regarding requested municipal concurrence for Anoka County Ditch 53 -62 Water Management District. The purpose of this memorandum is to provide requested follow -up information to the City of Lino Lakes regarding the RCWD request for municipal concurrence for the proposed ACD 53 -62 Water Management District (WMD). Specifically the Council requested information related to how the money generated from the charge is being used so that the Council could further consider this item at the Monday, June 10, 2013 Council Meeting. The RCWD uses WMD's as one of several funding mechanisms for the implementation of activities to solve local and regional problems and issues. The charge collected will be used for the implementation of those features providing benefit to properties located within the boundary of the ACD 53 -62 WMD - see location map below. These features yield direct benefit by providing predictable drainage to land currently in agricultural production and urban stormwater conveyance as development proceeds. The Engineer's Opinion of Probable Cost for the project is an estimated at $411,353, and Board consensus to date has been that 71% of that cost (an estimated $292,443) will be paid by the charge collected through the ACD 53 -62 WMD. The remaining portion of the estimated project cost, primarily for all or portions of those features which avoid wetland impacts or restore wetlands and maintain historic irrigation function, will be paid for through the district -wide ad valorem levy. The initial WMD charge will be used to repay the capital construction cost and then reduced and used to pay for the continued maintenance and repair of the system. As you will note, there is only one small tributary area located within the City of Lino Lakes that will be charged. (Located just east of Sunset Ave.). The total charge (for all three years) that would be collected within the City for this requested ACD 53 -62 WMD is $1765. LINO LAKES PARCELS DRAINING TO ACD 53 -62 Kit' Crcck Watershed I>istnct Drainage System Anoka County Ditch 53-62 j • • CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala MEETING DATE: June 10, 2013 TOPIC: Consider Resolution No. 13 -74, Consent to Conduct Drainage Proceedings for Anoka County Ditch 53 -62 Under the Watershed Law VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve the request of the Rice Creek Watershed District for municipal concurrence for the proposed Anoka County Ditch 53 -62 Water Management District (WMD). BACKGROUND The Rice Creek Watershed District (RCWD) is the ditch authority for County /Judicial Ditches within the district. The RCWD has been working systematically to repair and maintain the ditch system. The District is currently proceeding with work on the 10 -22 -32 system that provides drainage to the northwest quadrant of the City. 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. In 2011, the City passed Resolution No. 11 -35, consenting to the use of this authority for the 10- 22-32 Ditch system. The RCWD is now requesting City consideration of a resolution consenting to their proposal to use the watershed law authority to fmance the repairs on the 53 -62 ditch system. This system is located primarily in the City of Blaine but services a small area of Lino Lakes along Sunset Street. Mr. Phil Belfiori, District Administrator, discussed the establishment of the WMD at the June 3, 2013 work session. A memorandum from Mr. Belfiori explaining the funding mechanism and estimated distribution of costs for the project is attached. 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. RECOMMENDATION Staff recommends approval of Resolution No. 13 -74. ATTACHMENTS 1. Resolution No. 13 -74 2. RCWD Memo, dated June 7, 2013