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MEMORANDUM <br /> <br />*Item 3.11.* <br /> <br />TO: <br /> <br />Mayor and City Council <br /> <br />FROM: <br /> <br />Stephen Rohlf, Building and Environmental Administrator <br /> <br />DATE: <br /> <br />August 16, 2004 <br /> <br />SUBJECT: Subordinate Ditch Agreement for Sherburne County Ditch #28 <br /> <br />Sherburne County Ditch #28 is composed of three separate main branches. The branch <br />identified on the attached map as "Part 1" is situated entirely in the City of Elk River. Part 2 <br />is mostly in Big Lake Township and benefits only a small portion of Elk River. Lastly, Part 3 <br />is mosdy in Elk River and only benefits a small portion of Big Lake Township. <br /> <br />Because three distinctly separate ditch systems have been tied together, all properties on the <br />ditch system are assessed for improvements done on any of the three branches, even if their <br />branch and their properties do not receive any direct benefit. A couple of months ago staff <br />discussed the issue of entering into a Subordinate Ditch Agreement with Sherburne County <br />to rectify the situation with inequitable assessments. Since that time the County has received <br />a petition from property owners in Big Lake Township that are on Part 2 of the Ditch to <br />enter into a Subordinate Ditch Agreement. Therefore, action on this issue from the Elk <br />River City. Council is no longer needed. <br /> <br />If the attached resolution from Sherburne County is approved, Part 2 of County Ditch #28 <br />will be assessed separately from Parts 1 and 3. The City of Elk River will still have to pay a <br />share of the assessment for work done on Part 2 because a portion of the City benefits from <br />that branch. Likewise, properties in Big Lake Township that benefit from Part 3 will pay <br />their share for improvements to that branch. Further, the Subordinate Ditch Agreement <br />does not change Sherburne County's status as the governmental unit responsible for the <br />administration of all three parts of the ditch. <br /> <br />The Sherburne County Board will be considering this issue at their September 21, 2004 <br />meeting. Unless directed otherwise by the City Council, staff will attend this meeting in <br />support of the Subordinate Ditch Agreement for Part 2 of Sherburne County Ditch #28. <br /> <br /> <br />