HomeMy WebLinkAbout2002.04.15 RESO 2002-0015CITY OF HUGO
RESOLUTION NO. 2002-15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGO,
WASHINGTON COUNTY, MINNESOTA, RELATING TO THE ADMINISTRATION OF
JUDICIAL DITCH NO.2 THAT AFFECTS THE CITIZENS OF THE CITY OF HUGO
A. The City of Hugo has terminated its involvement in the litigation captioned
Zaluckyj, et al. v. Rice Creek Watershed District, et al., Washington County Court File No. C3-99-
2155.
B. After the involvement of the City of Hugo in the litigation, a resident of the
City sought certain records (attached as Exhibit A) from Rice Creek Watershed District, said
documents relate to a request by the resident for a statement of the District's policy regarding the
management, repair and/or maintenance of Judicial Ditch No. 2.
C. These documents were not immediately produced to the resident in response
to his request, nor does it appear that they were produced to the City of Hugo during the above -
referenced litigation.
D. After persistent requests and investigation by the resident, the documents
were located in the files of the Rice Creek Watershed District.
E. The documents assert, among other things, that: "The District does not
manage, repair and maintain the subject ditch system, Judicial Ditch No. 2, under 103E and the
special assessment process;" and that "This ditch system, Judicial Ditch No. 2, is not being
managed, repaired and maintained through the special assessment process. Management, repairs
and maintenance of Judicial Ditch No. 2 is being funded by ad valorem property taxes under
Chapter 103B and Rice Creek Watershed District's special law;" and that "at this stage, to change
management of Ditch No. 2 to the 103E special assessment process, the District would need to
amend its management plan."
F. The City finds the documents instructive and regards these assertions as
inconsistent with the District's more recent characterizations of its policies governing the
management, repair and maintenance of the ditch.
NOW, THEREFORE, be it resolved by the City Council of the City of Hugo,
Washington County, Minnesota as follows:
1) That the City of Hugo, as part of its storm water management plan,
recognizes the conveyance capacity of Judicial Ditch No. 2 as originally constructed as being an
integral part of the City's ongoing storm water management.
2) That the City of Hugo believes it is entitled to have all of the conditions upon
which this system is based maintained so that the system will function substantially as established.
A 1.1
3) That the City of Hugo will continue to work with all governmental and
regulatory agencies, including the Rice Creek Watershed District, in pursuing a resolution of all
matters affecting Judicial Ditch No. 2 and in insuring that its management in the future is subject to
unambiguous, straight -forward and clear regulations consistent with Paragraph E hereof.
4) That the City of Hugo requests that the Rice Creek Watershed District and
all involved regulatory or administrative agencies act promptly to aggressively maintain the ditch
and complete the lowering of the culverts and other associated work consistent with Paragraph E
hereof.
5) That the City of Hugo believes the discharge of fill material into Judicial
Ditch No. 2 at east road crossing 17& Street and Harrow Avenue was incidental to the activity
having as its purpose bringing an area of old growth forest into a use (wetland) to which it was not
previously subject, where the flow or circulation of Judicial Ditch No. 2 was impaired without
authority of the Federal Clean Water Act and/or Minnesota Statutes Chapter 103E, Ditch Law.
6) That the City of Hugo requests an environmental impact statement on the
activity of having as it purpose bringing the area of old growth forest into a use (wedand) to which it
was not previously subject, where the flow or circulation of Judicial Ditch No. 2 was impaired.
7) That the Rice Creek Watershed District has not implemented strategy stated
in the management plan to prevent flooding and enhance water quality in harmony with
development for the common good.
WHEREUPON, a vote being taken upon the motion, the following members voted
in favor: Mike Granger, Chuck Haas, Becky Petryk, Frank Puleo, and Fran Miron
the following voted against: NONE
WHEREUPON, said motion was declared duly passed and adopted by the City
Council for the City of Hugo 15th day of April, 2002.
FMWjV4 Mayor
ATTEST:
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Mary reager, City Clerk
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