3.8. SR 06-21-2004 Howard R, Green Gompany
Item ~ 3.8.
June 16, 2004
File: 230000M-0325
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: REQUEST FOR COUNTY DITCH REPAIR
Dear Council Members:
Recently Street Superintendent Phil Hals, County Ditch Inspector John Norgren, and I met with Mr.
David Dertz, a resident of the Oakwood Forest development. Mr. Dertz's property is located at
13707-199th Avenue NW and is shown on the attached exhibit. Mr. Dertz is experiencing very high
water levels in the ponding/wetland area on the western edge of the property. A tile line, which is
part of Ditch 28, flows through Mr. Dertz's property and his neighbors', eventually leading out of
this area and draining to the M-Vale Addition. In reviewing this situation with John Norgren, he
feels that the tile line has been damaged in some location and is not operating efficiently. He has
suggested that the residents petition for a ditch repair, which Mr. Norgren indicated would likely
reestablish a new tile line to lower the water level in the wetland area in question.
I have prepared the appropriate paperwork, and the residents in question, Mr. Dertz and his
neighbors, have signed the petition. Since the City of Elk River policy is that the City funds directly
all County ditch repair and/or maintenance costs and does not have them assessed to the
benefiting properties, it would be appropriate for the City Council to authorize this petition to be
submitted to the County. Once the City Council authorizes the submission of this petition, we will
assist Mr. Norgren to work through the appropriate channels to get the work authorized. Mr.
Norgren has agreed that the County will take the lead on getting the work accomplished, and
simply bill the City for the project cost.
If you have any questions regarding this issue, please call.
Sincerely,
Howard R. Green Company
Terry J. I~'~"~rer, P.E.
TJM:sw
Enclosures
J:\DOCUME~1\tmaurer~LOCALS~1\Temp\72\Ltr-061604-Cou ncil.doc
2550 University Avenue West · Suite 400N · St. Paul, MN 55114 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Revised 6,1 g/Oo
SHERBL' R_N~:. COL~'TY
REQUEST FOR DITCH CLEAN-OUT OR REPAIR
(To be filed with tee Sherburne County Auditor)
Today's Date: June 15, 2004
Person (or Persons) Requesting Ditch Work:
Name: David & Christine Dertz
Please Print
Address: 13707 199th Ave SW, Elk River~ MIq 55330
Telephone ='
=. (763) 274-1581
Hame: Jon & Yvette Lavallee
Address: 19880 Naples St. NW, Elk River, FIN 55330
Telephone~. ='
**SEE BELOW
County Ditch No. 28, Part 3
Location or area involved: Branch 2 of A
Township or City of Elk River
Section 19 Township ~3N Range
26W
Names of adjacent property owners in the area needing repair:
Scott Peterson & William Rakozy
(75-610-0215) (75-119-4105)
** Description of the problem: Please see the attached Page.
The petition will be considered "sufficient" only if ali of the following conditions are
met:
!. The ditch must be under the jurisdiction of the Ditch Authority.
2. The petitioner must be a benefiting property owner.
3. The petition must be filed with the County Auditor.
If this will require minor maintenance or repairs, the problem may be taken care
of soon. According to law, a copy of this request and information about the current
condition of the ditch and proposed plan to correct the ditch to its original specifications
must be mailed to the Army Corp of Engineers and one or more other agencies (the
ASCS Office, DNR) ~br their approval or recommendations. The County Ditch Inspector
will make an inspection of the area and will prepare the necessary information to be sent
to the agencies.
Cost/Benefit Analysis: Aifer quotes are received for a project, an analysis of the
costs compared to the estimated benefits that will result from the project will be made
and considered, before a project is authorized.
** Mitchell & Tiffany Scherer
19969 Pascal St NW, Elk River, MIq 55330
The YVetlands Preservation Act restricts the draining of lands in county ditch
system if the ditches have been inoperable for a number of years, and puts other
restrictions on v,,hat action the Ditch Authoritl. can tmke. Prope~v owners on the ditch
system who are enrolled in the Federal Farm Pro_~ram should be aware thaz they must
contact the ASCS Ofice and comDtete form Ad-1026 reauestin_~ maintenance on the
ditch.
For further details on the requirements to support the petition which must be met before
the Ditch Authority (County Board) can grant the petition, please refer to Minnesota
Statutes, Chapter ! 03E.705.
**DESCRIPTION OF THE PROBLEM: Repair or replace broken tile
]qn~ gn ]owpr w~t~r ]~vp] ~o normm] b4storical elevation at northeast
corner of Pascal St. and 199th Avenue.
A BLANK SHEET OF PAPER AND/OR A COPY OF THE ORIGINAL DITCH
M_4~P IS ATTACHED FOR YOU TO SUPPLY DETAILS ABOUT THE
PROBLEM AND ITS EXACT LOCATION, SO THE DITCH INSPECTOR CAN
PROCEED.
IF THIS IS NOT ON A COUNTY DITCH SYSTEM, THE DITCH AUTHORITY HAS
NO CONTROL OVER THIS DITCH, AND YOU SHOULD CONTACT NANCY
RIDDLE IN THE PLANNING AND ZONING DEPARTMENT (763-241-2907 OR 1-
800-438-0578) FOR 12qFOPdMATION ABOUT HOW TO PROCEED.
IF THIS IS AN EMERGENCY SITUATION, OUR ENWIRONMENTAL OFFICER
SUGGESTS YOU ALSO CALL GARY ELFTMAN AT THE ARMY COt:EPS, PHONE
651-290-5355.
I (We) have read and understand the information contained herein.
For Office Use Only:
Date copy sent to Ditch Inspecror
Tax Parcel (s) assessed for Ditch ff-