HomeMy WebLinkAbout2005.10.03 RESO 2005-0055RESOLUTION NO. 2005-55
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION OF THE CITY OF HUGO
REGARDING PERMIT REQUEST BY RICE CREEK WATERSHED;DISTRICT
FOR PROPOSED RICE CREED WATERSHED DISTRICT
RICE LAKE OUTLET PROJECT
WHEREAS, the Rice Creek Watershed District has requested permits to install a
sheet pile weir to serve as an outlet to Rice Lake because the design for this project will establish
future lake elevations and discharge rates and the prior minor maintenance project did not include
work that was anticipated to directly affect lake levels. No prior permit approval was acquired or
granted; and
WHEREAS, RCWD has been notified that a permit is required for this activity,
including permits pursuant to Ordinance Section 1175.120.1(5), which provides that no excavation
or fill shall be performed in any public drainage way nor in such a manner so as to obstruct or divert
public drainage ways without permit by the City Council and the appropriate watershed
organization. Ordinance Section 1175-120.1(6) provides that no excavation or fill shall be
performed in any public right of way without approval of the City engineer or maintenance
supervisor. Ordinance Section 1175-120.1(7), which provides that no excavation or fill is permitted
in the City's flood plain district except in accordance with Section 1155-030.1 of the Ordinance
whereas Ordinance Section 1175-050.1(3), states that a permit is required for the placement of
retaining walls along the shoreline or embankment of public waters and pursuant to Ordinance
Section 1175-070.1(4c), prior to the construction of any activity that may affect the size, shape or
character of the wetland and construction, improvement or repair of public or private drainage
systems, first requires a permit issued by the City engineer,
WHEREAS, the RCWD submitted a permit application to the City; and
WHEREAS, the proposed construction of the above -referenced weir will result in
the obstruction of a public drainage ditch and impoundment of water upon private and public lands;
and
WHEREAS, the RCWD is required to obtain all necessary permissions, easements
and right of access for permission to enter overall land needed to provide for the installation and
maintenance of the proposed sheet pile structure and the impoundment of water in and around that
structure; and
WHEREAS, no such permissions, easements or rights of access have been
furnished in connection with the permit application or thereafter; and
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WHEREAS, based on a review of the proposed location for the outlet structure, it is
apparent that the proposed control structure for Rice Lake will be located 1,280 feet downstream
from the most southerly and upstream end of judicial ditch 2, as identified on the 2000 GGG ditch
survey and the structure will impound water four (4) feet above the approved ditch profile elevation
and impact property within this 1,280 foot reach as well as other upstream areas around the lake
with no prior approvals or easements being obtained and the structure will establish the run out
elevation of the lake.
NOW, THEREFORE, it is resolved as follows:
1. BE IT RESOLVED the application of the RCWD for permits in connection
with the installation of the sheet pile weir intended to serve as an outlet to Rice Lake is hereby
denied.
WHEREUPON, a vote being taken upon the motion, the following members voted
in favor. Mike Granger, Becky Petryk, and Frank Puleo
the following abstained: Chuck Haas
Passed by the City Council for the City of Hugo this 3'd day of ober, 2005.
IV
,y!s
Becky tryk, Ac ' Mayor
ATTEST:
Mary Ann Creager, City Clerk
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