3.4. PRSR 05 12 2004*Item 3.4.*
ver
MEMORANDUM
TO: Mayor and City Council
FROM: Stephen Rohlf, Building and Zoning Administrator
DATE: May 3, 2004 S~
SUBJECT: Consider Petition for Impoundment of County Ditch #31 in Woodland
Trails Park
The recent cleaning of County Ditch #31 through Woodland Trails Park has caused the
Deparhnent of Natural Resources (DNR) Protected Water (pond #71-265) to drain. The
cleaning of the ditch is necessary due to flooding concerns upstream; however, the pond
in question is also valuable.
Staff has been working on a solution, which will accommodate the water in the pond
while still allowing for proper drainage. The proposal is to construct a standpipe in the
downstream end of the pond that will keep water in it but set at an elevation below that
which will cause flooding problems.
Staff is proposing that Terry Maurer engineer the project based on county survey data If
the amount of elevation change based on that survey data is not enough to keep a
sufficient amount of water in the pond while still accoimnodating drainage upstream,
staff may propose lowering the pond elevation by dredging. Staff is also considering
using any spoils from dredging to create a hiking trail tlu-ough the pond if the Park and
Recreation Commission and DNR are agreeable.
It's hard to give an exact estimate of the cost of the project without knowing whether or
not it will include dredging. The engineering and standpipe should be less than $2,000
and any cost for a hiking trail will come from park dedication money.
The county may entertain petitions from property owners for impoundments of water
from county ditches, which in this case is the city. Staff is recommending the Council
approve the attached petition for an impoundment of water in County Ditch #31.
Further, staff is recommending the cost of the standpipe, engineering and dredging,
if necessary, be paid for out of the Surface Water Management Fund. City approval
of this project is contingent on Sherburne County and DNR approval. if approved staff
will add a signature block for the Mayor to the attached petition provided by the County
Attorney's Office.
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Drainage Petition for Impoundment
Petitioner : City of Ells Rivet and the County of Sherburne
Lands on which the petition for impoundment lies:
Lands on which the actual impoundment exists: (if different):
The plans for the impoundment including the installation location, the plans and
specifications for the proposed structure and a map of the azeas to be affected:
The:petitioner, bysigning this petition agrees that it shall be responsible for the
maintenance, the installation and the construction of the project. No cost of the same
shall be borne by the other benefiting landowners on the ditch aze attached as Exhibit A.
The petitioner, being a governmental entity is not required to file a bond on the request
for the impoundment.
The petitioner is in the process of an application for a public works permit or a water use
permit from the Commissioner of Natural Resources and notification of this permit
regttest has been provided to the same.
The City of Elk River acknowledges that no flowage easements aze necessary as the
impoundment is contained wholly upon the lands owned by the City of Elk River.
Funkier, the Ciry acknowledges that there is apre-existing county ditch that exists.
Dat~:d:
For.the City of Elk River:
Name and Title
APR-29-2004 THU 03 27 PM SHERBURNE CO ATTY FRX N0. 7632412575
Motion upon receipt of the Petition for Impoundment
The: County of Sherburne Board of Commissioners, acting as the Ditch Authority for the
Cw,mty, having received a petition for impoundment hereby directs that the impoundment
petition shall be reviewed by the City of Elk River's Engineer for the following:
a, to invwestigate the effect of the proposed installation
b. to file a report prior to the public hearing on the same.
The' Sherburne County Boazd of Commissioners, acting as the Ditch Authority for the
County of Sherburne hereby orders that upon receipt of the report from the engineer, that
the Sherburne County Auditor'Treasurer's Office shall notice a public hearing on this
matter as provided in Minnesota Statute section 103E.227, subd. 3(b) and 103E.261.
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