HomeMy WebLinkAbout1998.11.02 RESO 1998-0036v
RESOLUTION 1998-36
A RESOLUTION PETITIONING THE RCWD TO HOLD AN
OBSTRUCTION HEARING TO DETERMINE WHETHER
CERTAIN CULVERTS OBSTRUCT JUDICIAL DITCH 2
The attached is a copy of the formal petition prepared by Mr. Paul Haik, and approved by
the City Council unanimously on November 2, 1998.
i t
STATE OF MINNESOTA
RICE CREEK WATERSHED DISTRICT
COUNTIES OF ANOKA, HENNEPIN,
RAMSEY AND WASHINGTON
In the Matter of the PETITION FOR
Washington County OBSTRUCTION HEARING
Judicial Ditch Number 2
WHEREAS, the State of Minnesota, District Court, County of Washington
duly ordered establishment of Judicial Ditch 2;
WHEREAS, the Rice Creek Watershed District petitioned the District Court
of Washington County, Minnesota, to take-over Judicial Ditch 2 with the' duty to
repair and maintain that ditch,
WHEREAS, based upon the petition, the District Court ordered that the Board
of Managers of the Rice Creek Watershed District take over Judicial Ditch 2 together
with the right to repair, maintain and improve it.
WHEREAS, the Board of Managers of the Rice Creek Watershed District
permitted the County of Washington to cross Judicial Ditch 2 and install roadway
culverts approximately three feet higher than the profile of Judicial Ditch 2 as planned
and originally constructed;
WHEREAS, the Board of Managers of the Rice Creek Watershed permitted the
Forest Lake Township to reconstruct a roadway crossing of Judicial Ditch 2 and install
culverts approximately four feet higher than the profile of Judicial Ditch 2 as planned
and originally constructed;
WHEREAS, installation of the culverts for these public improvements
obstructed and substantially lessened the hydraulic capacity and efficiency of Judicial
Ditch 2 as planned and originally constructed;
WHEREAS, the Chief Engineer employed by the Board of Managers of the
Rice Creek Watershed District investigated and gave notice of these obstructions;
WHEREAS, every owner of land damaged or assessed has a property right in
the maintenance of Judicial Ditch 2 in substantially the same condition as originally
constructed and such a property right cannot be divested or -damaged without due
process of law;
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WHEREAS, the approved water management plan of the Rice Creek
Watershed District designates Judicial Ditch 2 as a major component of the trunk
drainage system of the Rice Creek Watershed District;
WHEREAS, the Metropolitan Surface Water Management Act mandates that
after the Rice Creek Watershed Management Plan was approved and adopted, the City
of Hugo must prepare or cause to be prepared a local water management plan, capital
improvement program, and official controls as necessary to bring local water
management into conformance with the Rice Creek Watershed District Water
Management
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--UiEREASthe obstructions permitted by the Rice Creek Watershed Distnct
modify the critical flood profiles and flood plains that would exist without lessening of
the hydraulic capacity through unlawful obstruction of Judicial Ditch 2;
WHEREAS, the Rice Creek Watershed District is using critical flood profiles
and flood plain to establish maximum discharge rate policies that did not consider the
hydraulic capacity of Judicial Ditch 2 as planned and originally constructed and that
unlawfully,unnecessarily regulate and control land use and development within the
City of Hugo;
WHEREAS, the statutory duty of the City of Hugo to conform to unlawful
and unfounded restrictions gives rise to the interest of the City of Hugo and standing
to petition for removal of the obstructions and maintenance of Judicial Ditch 2, as
ordered by the District Court, mandated by the Drainage Law, and undertaken by the
Board -of Managers of the Rice Creek Watershed District;
WHEREAS, the Board of Managers of the Rice Creek Watershed District have
held obstruction hearings to determine whether other -culverts obstruct drainage
systems and ordered removal pursuant to Minnesota Statutes Section 103E.075;
NOW, THEREFORE, the City of Hugo, as an interested person, petitions the
Board of Managers of the Rice Creek Watershed District to hold an obstruction
hearing to determine whether the culverts obstruct Judicial Ditch 2 and to order
removal and restoration pursuant to Minnesota Statutes Section 103E.075.
That upon motions being duly made, seconded, and approved, this Petition is
hereby passed on the date and year indicated below.
This Petition is hereby approved and adopted by the City Council of the City
of Hu Washington un9r, Minnesota, this4&day of November 1998.
Fran Miron, Mayor MaryCreager, City rk