3.11. SR 08-16-2004MEMORANDUM
*Item 3.11.*
TO:
Mayor and City Council
FROM:
Stephen Rohlf, Building and Environmental Administrator
DATE:
August 16, 2004
SUBJECT: Subordinate Ditch Agreement for Sherburne County Ditch #28
Sherburne County Ditch #28 is composed of three separate main branches. The branch
identified on the attached map as "Part 1" is situated entirely in the City of Elk River. Part 2
is mostly in Big Lake Township and benefits only a small portion of Elk River. Lastly, Part 3
is mosdy in Elk River and only benefits a small portion of Big Lake Township.
Because three distinctly separate ditch systems have been tied together, all properties on the
ditch system are assessed for improvements done on any of the three branches, even if their
branch and their properties do not receive any direct benefit. A couple of months ago staff
discussed the issue of entering into a Subordinate Ditch Agreement with Sherburne County
to rectify the situation with inequitable assessments. Since that time the County has received
a petition from property owners in Big Lake Township that are on Part 2 of the Ditch to
enter into a Subordinate Ditch Agreement. Therefore, action on this issue from the Elk
River City. Council is no longer needed.
If the attached resolution from Sherburne County is approved, Part 2 of County Ditch #28
will be assessed separately from Parts 1 and 3. The City of Elk River will still have to pay a
share of the assessment for work done on Part 2 because a portion of the City benefits from
that branch. Likewise, properties in Big Lake Township that benefit from Part 3 will pay
their share for improvements to that branch. Further, the Subordinate Ditch Agreement
does not change Sherburne County's status as the governmental unit responsible for the
administration of all three parts of the ditch.
The Sherburne County Board will be considering this issue at their September 21, 2004
meeting. Unless directed otherwise by the City Council, staff will attend this meeting in
support of the Subordinate Ditch Agreement for Part 2 of Sherburne County Ditch #28.
BIG LAKE TWP
CITY OF ELK RIVER
I
PART 2
tt, l~
PART 3
PART I
DRAFT
Sherbnrne County Board of Commissioners
Resolution
Ditch 28 Subordinate Service District
WHEREAS, Sherbume County Ditch 28 consists o£three separate and
unconnected branches, located in Sherburne County; and
WHEREAS, part one of Sherburne County Ditch 28 is in The City of Elk River,
part two is predominantly in Big Lake Township with the remainder in the City of Elk
River and part three is predominantly in the City of Elk River with the remainder in Big
Lake Township and; and
WHEREAS, property owners on the these three unconnected and separate parts
of County Ditch 28 are currently being assessed for work performed on the other parts of
County Ditch 28, even though their property does not benefit from the other parts of
County Ditch 28; and
WHEREAS, Sherbume County is in receipt of a PETITION FOR CREATION
OF SUBORDINATE SERVICE DISTRICT AND TRANFER OF
PART 2 OF SHERBURNE COUNTY DITCH NUMBER 28 (STARTING AT 81+24
TO POINT OF' TERMINUS, INCLUDING ALL BRANCHES CONNECTING TO
MAIN PART 2) TO SUBORDINANTE SERVICE DISTRICT, pursuant
to MN Chap 375B et. seq. and 103E.812, signed by over 51 percent of the property
owners of Main Part 2 of Sherburne County Ditch Number 28 (Starting at 81+24 to point
of Terminus, including all branches connecting to .part 2); and
WHEREAS, Sherbume County Board of Commissioners recognizes that there is
need to address this inequitable situation regarding the property assessments for the three
parts of County Ditch 28; and
WHEREAS, Sherbume County Board of Commissioners recognizes that
property should be subject to assessments for Ditches, from which the property benefits,
and
WHEREAS, Sherburne County Board of Commissioners has the authority to
create a Subordinate Service District pursuant to MN Stat Ch. 375B et. seq.; and
WHEREAS, MN Stat Ch 375B et. seq., provides a means for Sherburne County
to create a Subordinate Service District within Sherburne County in order to provide
govermnental services to the district and financed by revenues from the Subordinate
Service District; and
WHEREAS, the Sherburne County Board of Commissioners also acts as the
Sherburne County Ditch Authority; and
WHEREAS, PETITION FOR CREATION OF
SUBORDINATE SERVICE DISTRICT AND TRANFER OF MAIN PART 2 OF
SHERBURNE COUNTY DITCH NUMBER 28 (STARTING AT 81+24 TO POINT OF
TERMINUS, INCLUDING ALL BRANCHES CONNECTING TO MAIN PART 2) TO
SUBORDINANTE establishes that the transfer of said branch is necessary
for the orderly management of drainage and will not affect the properties that benefit
from said branch;
Be It Therefore Resolved, that the Sherburne County Board of Commissioners
hereby declares that in accordance with MN Stat Ch 375B et. seq, that the "Part __ of
County Ditch 28 Subordinate Service District" is hereby created, and Main Part 2 of
Sherburne County Ditch Number 28 (starting at 81+24 to point of terminus, including all
branches connecting to main part 2) is transferred to SSD, with the following conditions:
1. The Sherbume County Ditch Authority shall act as the supervising and governing
authority for SSD.
2. The Sherbume County Ditch Authority's meeting and roles of__ shall also
apply to the running of the SSD meetings.
3. SSD meetings shall coincide with the meetings of the Sherburne County Ditch
Authority.
4. The properties that benefit from SSD shall be assessed and responsible for any
expenses associated with the maintenance or upkeep of SSD.
5. The Sherbume County Ditch Authority shall have the power to determine what
properties benefit from SSD.
6. SSD shall encompass the following properties: