HomeMy WebLinkAbout2013-074 Council Resolution•
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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
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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