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4.6. SR 03-20-1995~~r ~~ ( ~ ITEM 4.6. ity of ~~ MEMORANDUM River TO: Mayor & City Council lk • FROM: Pat Klaers, City Administrator DATE: March 20, 1995 SUBJECT: Update on Proposed Legislation on Ditches The City and County have been working together to have the management of the County ditches turned over to the City. After reviewing the situation regarding the rights and responsibilities of the City to manage the ditch system, it has become apparent that we need a new law or special legislation. The County Attorney has been working with House Representative (and former County Commissioner) Leslie Schumacher, Elk River House Representative Bruce Anderson, and Elk River Senate Representative Mark Ourada on possible legislation that would allow for this ditch exchange to take place. Our City Attorney has also been working with the County Attorney on this issue. Attached for your review is a letter to Representative Schumacher from the County Attorney and the proposed legislation that would allow ditches, under certain conditions, to be turned over from Sherburne County to the City of Elk River. The Mayor has been in contact with Representative Anderson regarding this legislation and it is anticipated that Mayor Duitsman will be requested to give testimony to the Legislature on this issue. This item is on the agenda as an update item and no action is needed at this time. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 n ~J llilttut C~onif T~homn~ N, PAC1 N/nCy J. Lo41dn0 thomn C. McNInCh K~thNM A. H~inty ChrU~tooher J. Johnson Dour E. Emanuel • i Sherburne .County I~AR 0 3 1995 Thomas D. Hayes County Attorney Oawmment Center 13880 HJphway f0 • P.O. Box 318 • E/k River, MN 55330 (012) 2af•2bd6 F.r (eta Qrf-saga (OfY Ana Ony) f-800~83.62t< March !, 1995 V!A FACSIMILE -296-4121 Representative Leslie Schumacher State Office 8utiding St. Paul, MN 551.55 RE; ..Sherburne :County Ditches within the City of Elk River Oear Representative Schumacher; Enclosed .please find suggested legislative language which .would permit Siierbume County and the Clty of Elk River to agree to transfer responslbittty for •certaln county ditches larger .located within the City. 1 believe the language would allow the County and City to operationally recognize the change in the benefited property from primarily rural to primarily urban. ~lving the .City controi .over the ditches would allow the Ctty necessary flexibility to plan drainage of the benefltted area .watt into the. future. You should know that this language has men reviewed by the City's legal counsel. i know the tssues involved in Sherburne County and the City of Elk River's efforts to work cooperatively with respect to urban drainage were a concern of yours while a ,member of the Sherburne County Board. { am happy to know that your interest In these issues continues now that you are n the House.. Yours very truly, • ~ ~. ~~ Thomas Q. Hayes Sherburne County homey `C©H:ncg • ' Enclosure cc; • Qrepory Korstad • ... ; . • ..r .. 1 A bill for nn sot • ~ relating to local gavernmentt authorising Sherburne 3 countyy to convey pertain oountY ditohes to the city of 4 $lk River under oortain conditions. 5 8$ IT SNACT$D gY TH8 LBaIBLATURS OF 1'I{8 STATE OF MZATA1880TAr 6 Bectioa 1. j8H8RgURNg CpUNTyt CONVEYANCE OF CsRTAIN COUNTY 7 DZTCffSB TO TH8 CITY OF SL1~ RIVER. e Tho County o= Sherburne may,~by one or more reso3.utions of 9 its board of oomn-iesioners, oonvey to the city of 8lk River. all l0 ~of its rights, title and interests is all or any portion of l2 county ditohes aunibered 1, 10, iZ, 28 and 3l. 12 BeCtiOA Z. (pROCSDUREB AND CONDITIONS OF CONV8YANC8.~ 13 Ths oonveyanae or ooawyancas wilt bs etlsativs as of the l4 date of suvh a county board resolution, provided that the city of l6 glk River, ~y resolution of its city oounoil: 16 El) has ag=~sd to aoaept the oonveyaac• to it of a epeaif iv 1'1 ditch or poz'tioa thereofs and 18 t2) hes agreed to assume a~ o! the efteotive date, all of lD th• rights, title, anQ interests of the county acid 30 E37 has agreed to assume reppoasibility, undor i.ts ZS muaiaipal authority, for me~aageausnt of surface water withia the 22 area servsQ by. tY~a ditch or partion of a ditch so aozwey~d. Z3 &eCtion 3. E8F8$CT OF CONVSYANCB,~ Z4 Vpoa the etteaCive date of n oonv~yanoe authorised under this ZS eat, with respect to any ditch or ~ortioa of a ditch so oonveysd: Z6 (2l the pity of Slk Riwr shallhold all of the county of Z~ Bherburnt~s property rights, title cad interests is any ditoh or 28 portioa.ot a ditch so oonveyod~ and • z9 (Z) 8horburae County shall have no further rospoasibility 30 for tha ditch or portion of a ditch so ooaveyeai and 3i (3Z tho Qitoh or portion of a ditoh so oanveyod rhail no S2 longer be subject to the provisions of minnoaota etatuces 33 Chapter s03s exoept that aay existing drainage li~sse shall remain 34 in lull force and ettaot uatii paid or satisfied? cad 3b t4~ The city of $ik River shall snaaage surface Hater within 36 the area ses;vsd by the ditch or portion of a ditch so vortveyad 37 pursuant to Minuasats Otatutss Chapters 41~, 444, oz other. 38 applioable law QovsrainQ me~nagesneat vt surtstoe water by aitiea. 39 The coataty and the city shay enter into any agreemeat or issue any 40 document aavesaary to carry out the purposes; o! this aet. 41 8sotiort 4 . [8FSf8CT ON RBbaAxNtNG DITCH88. 4a This act shall cot have any ettsat upon any ditch or portion . 43 of w diboh that is cot Che ~ubjevt of an agrssmeat as desivribed 44 is OeoCiva Z. 4C 8eotion S. tE1~8RCTZVB DATB.~ • 46 47 This cat is affective the day after the oounty board oZ Sherburaa Couaty and the oity oounvil or 81k River comply Kith 48 Miruzeaota Statutes s64i.021, subd. 3. 49 ...HMO... • ***END**~ CITY OF ELK RIVER • CITY COUNCIL RESOLUTION N0. A RESOLUTION SUPPORTING THE ENACTMENT OF LEGISLATION AUTHORIZING THE TRANSFER OF CERTAIN COUNTY DITCHES TO THE CITY WHEREAS, the City of Elk River and the County of Sherburne operate drainage systems providing surface water drainage within the City of Elk River; and WHEREAS, the City has proposed that the County be authorized to transfer to the City the County's right, title and interest in certain County ditches; and WHEREAS, the City supports the enactment of legislation to authorize such transfers in the public interest. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Elk River supports the attached legislation and urges the Legislature of the State of Minnesota to enact H.F. 1291 and S.F. 1112. Passed and adopted by the City Council of the City of Elk River, Minnesota, this 20th day March, 1995. • Henry A. Duitsman, Mayor ATTEST: Sandra Thackeray, Clerk GEK:nnis MAR-17-1995 14 25 FROM MN STATE SENATE TO 94417425 P.02 03/03/95 [REVISOR ] XX/MB 95-1106 • 1 A bi11 for an act • 2 relating to local government; authorizing. Sherburne 3 county to convey certain county ditches to the city of 4 Elk River under certain Conditions. -5 BE IT ENACTED BY TxE LEGISLATURE OF THE STATE OF MINNESOTA: 6 Section 1. (SHERBURNE COUNTY; CONVEYANCE OF CERTASN COUNTY 7 DITCHES TO THE-CITY OF ELR RIVER.] 8 _The county of Sherburne may, by one or more resolutions of 9 its board of commissioners, conve to the cit of Elk River all 20 of .its rights, title, and interests in all or any portion of 11 county ditches numbered 1, 10, l2, 28, and 31. 12 Seca 2. (PROCEDURES AND CONDITIONS OF CONVEYANCE.] 13 The conveyance or conveyances will be effective as of the .14 15 ~6 l? 18 19 date of such a county board resolution, rovided that the city of Elk River, by zesolution of its city council: (1) has agreed to accept the conveyance to it of a specific ditch or portion thereof; 2 has a reed to assume as of the effective date, all of the ziahts, title, and interests of the ceu,r+ty- an,? 20 21 2a • 23 (3) has agreed to assume res risibility, under its munici 1 suthorit for mana ement of surface water Within the area served b the ditch or rtion of a ditch so conve ed. Sec. 3. (EFFECT. OF CONVEYANCE. 24 II n the effective date of a conve ante authorized under ZS this act, with res ect to an ditch or ortion of a ditch so 1 • • MAR-17-1995 14:25 FROM MN STATE SENATE TO 03/03/95 • [REVISOR ] XXJMB 94417425 95-1106 P . 03 1 conveyed: 2 1 the cit of Elk River shall hold all of the count. of 3 Shezburne`s pro erty ri hts, title, and interests in any ditch 4 or portion of a .ditch so conveyed; 5 (2) Sherburne county shall have no further res onsibility 6 for the ditch or portion of a ditch so convened; 7 (3) the ditch or onion of a ditch so conveyed shall no 8 lon er be subject to the rovisions of Minnesota Statutes, 9 chaptez 103E, except that any existing drainage liens shall " 10 remain in full force and effect until aid or satisfied;•and it L~ the city of Elk River shall manage surface water within 12 the area served b the ditch or onion of a ditch so conve ed 13 pursuant to Minnesota Statutes, chapters 412 and 444, or other 14 a licable law overnin mana ement of surface water b cities. • 15 The count and the cit ma enter into an a reement or 16 issue any document necessary to carry out the purposes of this 1~ act. 18 Sec. 4. [EFFECT ON REMAINING DITCHES.]. 19 This act has no effect u n any ditch or portion of a ditch 20 that is not the subject of an a reement as described in section 21 2. 22 Sec. 5. [EFFECTIVE DATE.] 23 This act is effective the. day after the county board of 24 Sherburne county and the city council of Elk River comply with 25 Minnesota Statutes, section 645.021, subdivision 3. r: