07-28-2003 Council Workshop Minutes

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MINUTES CITY COUNCIL JULY 28, 2003 o The ditch and pond were sold to the property owners. No one has maintained either area since this occurred. o Frattalone installed the ditch -west and south side of berm. o No maintenance of the ditch has been done in 18 years. o Then after lots sold, the north side of berm was filled in. o The pond was to be two feet lower than 859 elevation that originally existed. That two feet of materials was never removed. Aichinger agreed that things weren't done correctly and the ditch has not been maintained. However, he was unsure what the next step should be. Sculley indicated that land that had been used for 50 years and it is now under water. Access to a portion of his property has been cut off by the water. The City Engineer pointed out problems in comparing past topographical information from various surveys. He noted that they were not based on the same datum. Therefore, one survey may show an elevation at 861 and another may show it at 859 even though no change had occurred. Pogreba felt the problem could be solved very simply. He noted that the construction of the berm stopped the flow of water that used to get to the center of the existing pond. This forced water around the berm. Therefore, removing the berm would solve the problem. LaValle asked what has happened given the Sculley's can no longer access portions of their property that they used to? Aichinger replied that what was wetland is still wetland. There has been more development in the area; therefore, there is a greater volume of water. If land does not dry out, then there is more wetland vegetation. The weather cycle is also a factor, and the area is in a wetter cycle now than 15 years before. The City Administrator explained the potential to divert water that comes from the north back toward the freeway as part of the Unweave the Weave project. Aichinger noted the berm was constructed illegally before the Watershed's existence. Tt was pointed out that at the time the berm was constructed, the Corps of Engineers was the only enforcing authority. Sculley noted that the ditch on their property was constructed without their permission.