HomeMy WebLinkAbout1999.02.01 RESO 1999-0003City of Hugo
RESOLUTION 1999-3
A RESOLUTION ESTABLISHING AN AD-HOC ADVISORY COMMITTEE TO ADVISE THE
CITY COUNCIL ON THE MAINTENANCE OF JUDICIAL DITCH 2.
WHEREAS, Judicial Ditch 2 (JD2), commonly known as Hardwood Creek, serves as one of four
main stormwater drainage systems serving the City of Hugo; and
WHEREAS, JD2 provides the stormwater conveyance system for approximately sixty percent of
the community, an area comprising over nineteen square miles; and
WHEREAS, JD2 was ordered established as a public necessity by District Court on April 12,
1909; and
WHEREAS, pursuant to the order of the District Court, JD2 was constructed by Washington
County, and the cost of such construction was assessed against property determined to benefit
from the improvements; and
WHEREAS, the Rice Creek Watershed District petitioned the District Court of the Tenth Judicial
District to take over responsibility to repair and maintain JD2 on March 14, 1974, and did, at such
time, represent to the Court that the Watershed District has the engineering and other assistance
to provide for the care and maintenance of the drainage system; and
WHEREAS, the District Court ordered that the Rice Creek Watershed District to assume
responsibility for the maintenance of JD2; and
WHEREAS, the City of Hugo's local water management plan is based upon the use of JD2 as
originally constructed without constrictions of its hydraulic capacity and efficiency; and
WHEREAS, a report by Montgomery Watson, engineers for the Watershed District, dated June
10, 1998, stated that approximately 3.4 feet of sediment has accumulated in the ditch; and
WHEREAS, three culverts were placed in the ditch at elevations that obstruct the designed
stormwater-carrying capacity of the ditch, as shown in the Montgomery Watson report of July 8,
1998; and
WHEREAS, the obstructions and sediment allowed in the ditch are substantially reducing the
hydraulic capacity and efficiency of JD2 as ordered and constructed; and
WHEREAS, on November 2, 1998, the City of Hugo petitioned the Rice Creek Watershed
District to hold an obstruction hearing to determine whether the culverts obstruct JD2, and to
order their removal and restoration pursuant to Minnesota Statues Section 103E.075; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO,
WASHINGTON COUNTY, MINNESOTA AS FOLLOWS:
1. The City of Hugo believes that the Rice Creek Watershed District has a legal responsibility to
maintain Judicial Ditch 2 in its as -built condition.
2. The City of Hugo desires that all obstructions to the stormwater-carrying capacity of the ditch
be removed as expeditiously as possible.
3. The City of Hugo desires that the sediment that has been allowed to accumulate in the ditch
be removed to maintain the as -built hydraulic capacity of the drainage system.
Resolution 1999-3
Page 2
4. The City Council hereby appoints Mr. Paul R. Haik of Krebsbach & Haik, Ltd. as counsel to
represent the City before the Board of Managers of the Rice Creek Watershed District in matters
pertaining to the removal of obstructions to Judicial Ditch 2, and furthermore, requests that the
Rice Creek Watershed District mail notice of all proceedings and matters relating to JD2 directly
to Mr. Haik at his office located at 701 Fourth Avenue South, Suite 500, Minneapolis, MN 55415-
1631.
5. The City of Hugo hereby appoints an Ad-hoc Advisory Committee to advise the City Council
on matters pertaining to the maintenance of the hydraulic capacity of Judicial Ditch 2, to serve
until December 31, 1999. Such Committee members are to be:
Council Member James Leroux, 4360165th Street North
Mr. Fran Miron, 15250 Homestead Avenue North
Mr. John Waller, 14010 Homestead Avenue North
Mr. Will Riopel, 8089165th Street North
Mr. David Schumann, 7630137th Street North
6. The City Council directs the City Clerk to provide copies of all notices, reports, findings and
orders received in the future regarding Judicial Ditch 2 to the members of the Committee.
Motion to approve this resolution was made by
Seconded by
Voting AYE: Bames, Haas, Leroux, Petryk, Stoltzman
Voting NAY: None
Whereas such motion was declared adopted by the City Council this 1st day of February, 1999.
ATTEST:
3.11 1 v
Mary A reager, City Cle