Agenda - Council - 08/08/2000 - Laserfiche WebLink

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ditches urbanized, these procedures make it impractical for the County to maintain, improve, or repair the ditches. Since the County has no interest in maintaining the ditch system, it is possible for another jurisdiction to assume the responsibility of the ditch. The City has been advised by two attorneys specializing in drainage law, that is should seek transfer of jurisdiction of these ditches from Anoka County. However, state law does not provide for the transfer of jurisdiction to a municipality, but does allow for transfer to a Watershed District or Water Management District. In the case of Ramsey's ditch systems, the appropriate body is the Lower Rum River Watershed Management Organization (LRRWlvlO). The City of Ramsey entered into discussions with the LRRWMO in September 1998, and is now prepared to enter into a joint powers agreement for the transfer of County ditches to the City of Ramsey. The proposed joint powers agreement allows the transfer of the County ditch to the LRRWMO, who then transfers the maintenance to the City of Ramsey. The agreement requires signatures by the City of Ramsey, Anoka County, and the LRRWMO. Staff anticipates that the LRRWMO will formally enter into the agreement on Thursday, June 15, 2000. Councilmember Anderson stated that, unless the laws change, it seems to be the practical way for the City to deal with the situation, but it does put additional liabilities on the City. City Administrator Norman replied that the City would be exposed to some Iitigation if they did nothing to maintain the ditches and then a property owner claims property damage. Councilmember Connolly inquired if the City Attorney felt this was the best action to take. City Attorney Goodrich replied yes. Councilmember Anderson noted that the City of Ramsey will perform all the maintenance on the ditch, but will not receive the ditch as property. Councilmember Hendriksen stated that he is concerned that the WMO may become more difficult to work with than Anoka County. City Attomey Goodrich explained that the WMO will have the legal real estate interest in the ditch, but the City will have the right to do all maintenance work. Councilmember Connolly questioned who will determine the standards of the ditch. City Attorney Goodrich repIied tl~at under this agreement the City of Ramsey would determine the ditch standards. City Administrator Norman stated that he has. seen the process go through the WMO for the past year and have seen all but one member become supportive of the City of Ramsey's interests. He also noted that is a similar agreement between Coon Rapids and Coon Creek Watershed. City CounciFJune 13, 2000 Page 11 of 26 45