5.1. SR 03-20-1995 - Laserfiche WebLink

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7 ~.i ~ ,` s w~',y_ FINDINGS AND ORDER • • 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; • 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.