5.1. SR 03-20-1995STATE OF MINNESOTA
COUNTY OF SHERBURNE
I, David Loch,
P.O. Box 311
13880 Highway 10
Elk River, MN 55330
S S (612) 241-2701 0 1-800-433-5229
Clerk to the County Board of the County
aforesaid, do hereby certify that I have carefully compared the
annexed copy of the Resolution #070795-AD-333 dated March 7, 1995,
with the original in this office, and that the same is true and
literal exemplification thereof, and a correct transcript
therefrom, and of the whole of each csf said originals as the same
appears upon the records and filds in this office.
In Witness Whereof, I have hereunto set my hand and caused the
seal of my said office to be affixed at Elk River, Minnesota in
said County this 13th day of March A.D. 1995.
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FINDINGS AND ORDER
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SHERBURNE COUNTY BOARD OF COMMISSIONERS
(Y1~ rc_~, `1, , ~t `=i S ,~3~ 7 95~- r D - 33.3
DATE Number
WHEREAS, The Sherburne County Board of Commissioners and the Sherburne County
Auditor received a petition from the City of Elk River to use County Ditch No. 10, branches 1
and 'A as an outlet for municipal drainage, said petition having been duly filed with the
Sherburne County Auditor on the tenth day of November, 1994;
WHEREAS, pursuant to this petition, a public hearing was held by the Sherburne County
Board of Commissioners as the ditch authority on the seventeenth of January, 1995 in the
Sherburne County Courthouse after duly noticing the same; and,
WHEREAS, public testimony had been taken pursuant to the notice of public hearing and the
Sherburne County Board of Commissioners came to a consensus thafthe necessity of the
use was established and therefore directed that staff draw the findings based on the
information presented for due consideration by the Board of Commissioners;
NOW, THEREFORE, THE SHERBURNE COUNTY BOARD OF COMMISSIONERS
HEREBY MAKES THE FOLLOWING FINDINGS;
1. That the City of Elk River duly filed a petition with the Sherburne County Auditor
to use County Ditch No. 10, branches 1 and A1, as an outlet; such petition having been filed
on November 19, 1994.
2. That a public hearing was held on this matter before the Sherburne County
Board of Commissioners on January 17, 1995 in the Sherburne County Courthouse, 13880
Highway 10, Elk River; Minnesota after being first duly published. The parties testifying in this
matter were: for the City of Elk River: Steve Rohlf (Zoning Office), and Terry Maurer, (City
Engineer), and legal counsel for the City Mr. Gregory E. Korstad: and for Mr. Hohlen (local
property owner and benefitted landowner on County Ditch No. 10) John MacGibbon, Esquire.
3. The petition in this matter was filed pursuant to Minnesota Statute 103E.411.
The Petition that was filed shows the following:
i. the necessity for the use of the drainage system as an outlet;
ii. how the use of the drainage system would be of public benefit and utility
and promote the public health;
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iii. the location of the drainage system and the location of the municipal
drainage system on a plat; and
iv. specifications showing the plan of connection from the municipal
drainage system to the drainage system.
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The County Board finds that the petition was proven by the evidence produced at the hearing.
4. That County Ditch No. 10 was established and in existence prior to the filing of
the petition. See, Minn. Stat. 103E.411, sub. 3(b).
5. The following-testimony was presented at the public hearing:
The City of Flk River by testimony of Mr. Maurer and Mr. Rohlf
established that there is a necessity for the use of the drainage system
as an outlet for the municipal drainage system and as an overflow of the
existing system. This was not contested.
ii. According to Mr. Maurer, the City Engineer, Branch 1 and Branch A of
Branch 1 County Ditch No. 10 have sufficient capacity as originally
engineered to accommodate the added runoff. There is no current plan
for expansion or improvement of the system (as the latter term is defined
in Minn. Stat. Chap. 103E). Further, Mr. Maurer stated that there will be
no flooding or overflow from the ditch on Mr. Hohlen's land as a result
of the purposed use. This information was uncontested.
iii. Mr. Rohlf testified that the use of the County Ditch will benefit the public
and be of utility and shall promote the public health. Testimony was had
that the current municipal system is unable to hold the water runoff on
Main Street and on Fifth next to the Barrington Plat. There is back
flooding of homes and properties. This was uncontested.
iv. That the City of Elk River has agreed that the MPCA and all necessary
permit requirements will be met prior to any connection to the ditch
system.
6. The County Board, based upon the testimony heard, hereby makes the
following findings:
The use of the County Ditch shall not adversely effect any adjacent
property owners.
ii. A necessity exists for the use of Branch 1 and Branch A of Branch 1 of
County Ditch No. 10 as an outlet for the municipal drainage projects
described in the petition.
iii. That use of the drainage system will be a public utility and promote the
public health.
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iv. That the proposed connection conforms to the requirements of the
Pollution Control Agency and provides for the construction and use of
proper disposal works.
v. The petition and accompanying documents are incorporated herein by
reference as if fully set forth.
7. The County Board determines that the appropriate amount to be paid by the City
for the, privilege of using the drainage system as an outlet is in an amount equivalent to the
costs and expenses of maintenance and repair of that portion of the ditch system used for the
conveyance of the water from the municipal outlets authorized in this order.
8. The City has an agreement with the Minnesota Department of Transportation
for use of a culvert and Swale drawing the waters from. the Ditch directly into the Mississippi
River. The City affirmed that such use was a permissible use under its agreement with the
Minnesota Department of Transportation. This allows the current flow of Branch 1 of Ditch 10
to continue in existence.
Based upon the foregoing and all files records and proceedings herein, THE SHERBURNE
COUNTY BOARD OF COMMISSIONERS HEREBY MAKES THE FOLLOWING:
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ORDER
1. The City of Elk River may use County Ditch No. 10, Branches Al and 1 as a
municipal outlet as set forth in the petition as submitted to the County. This approval is
conditioned upon the City:
A. The City shall maintain and repair Branch A of Branch 1 and Branch 1
of County Ditch No. 10 as presently laid out from the outlet as petitioned
for in this order downstream to the Mississippi River. Sherburne County
continues to be the ditch authority pursuant to Minnesota Chapter 103E.
B. The City shall obtain installation of such additional culvert capacity along
Branch 1 and Ditch 10 at the intersection with the Burlington Northern
Railroad line as necessary to accommodate drainage from the Hohlen
property at the same flowage rate as the outlet herein authorized.
C. The ability to transmit water through the portion of Branch A running
through the Hohlen property shall be measured by comparing. flows at
the outlet authorized in this order with the hydraulic capacity of any
downstream flow constrictor.
• D. Retention improvements shall be constructed upstream of the outlet so
that outlet flows during a 24-hour 100 year storm events shall not
exceed the hydraulic capacity of the smallest downstream constrictor.
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E. The City shall agree that any federal ,state or local permits required
shall be obtained prior to doing repair and maintenance.
F. Any legal proceedings to challenge the decision to make the foregoing
order shall be defended by the City of Elk River. Sherburne County is
not obligated to defend any such legal proceedings but shall co-operate
with the City's efforts to do so.
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2. That the cost of such use as a municipal outlet as set forth in Exhibit A shall be
the cost of repair and maintenance of that portion of the County Ditch by the City of Elk River
which is so utilized as a municipal outlet.
Order moved by Commissioner a S~-ra-~ seconded_ by Commissioner
~~shnSa~ and adopted.
Commissioner Engstrom votes
Commissioner Friedl votes
Commissioner Johnson votes ~~~~
Commissioner Nagorski votes
Commissioner Wergin votes
The Resolution passes/ fails.
The above action was taken on the ~~ day of 1 .
Clerk to the Sherburne County Board
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