Agenda - Council - 02/13/1990 - Laserfiche WebLink

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De:ember '/5, 1989 Meiro Legal Water Management Task Force Report variances granted, review of local unit compliance with model ordinance require- ments, and the financial condition of the WMO. #I2 #13 Authorize the BWSR to accept and act upon appeals (in a manner sbnilar to sec- tion 112.80])from persons aggrieved by a ll¢40's alieged failure to comply with the propisiot~s of its a~proved plan in making a decision. Require WMOs to notifi., the BWSR of ail vacancies and appointments made wiflfin 30 days of such occurrence. Further, the appointh~g authodr), shall appoint a re- fllacernent within 90 days of said vacancy. #14 The law should be re~'ised to expand the requirements for BWSR's annual report to the Legislative Commission on Minnesota Resources (M.S. i JOB.28) to include a status report on metro water planning and management, and require the BWSR's annual report also to be submitted to the Legislative Commission on Water. ISSUE 4 Tile procedures to be used in urbanizing areas to maintain, repair, improve, con. struct, and abandon public drainage systems. Findings for Issue 4: A significant number of public drainage systems installed under the authority of the state drainage code, Chapter 106A, exist within the metro area. Many of these systems are located in urban and urbanizing areas. In some cases the systems have been functionally abandoned by the local drainage authority, although never legally abandoned in accordance with 106A. In some cases efforts have been made to main- tain the systems by following the maintenance and repair provisions of 106A. This can be cumbersome and inefficient in urbanized areas, due to the procedural mechanisms required under 106A. In some cases, the cost of collecting small special assessments for ditch repairs in an urban area with a large number of single family lots can exceed the assessment collected. In other cases special legislation has been enacted to provide certain WDs with the authority to make ad valorem levies to es- tablish natural waterway and drainage system maintenance funds. In still other cases, the systems have had repair work performed in ways not sanctioned by law. The Metropolitan Water Management Act authorizes JPWMOs to accept jurisdic- tion of county drainage systems, and ma), provide a practical alternative to managing public drainage systems in the metro area. If an existing system is identified in the capital improvement program of an approved WMO plan, it appears it may be managed under the authorities and procedures of the Metropolitan V, ater Manage- ment Act, rather than 106A. This alternative for managing and financing metro drainage systems would solve the most significant problems associated with attempt- ing to follow 106A in urban settings. Paae 70