07-12-01 Council Special Minutes

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MINUT>!/S CITY COUNCIL JULY 12, 2001 changed and we could notjustify spending taxpayer dollars arguing with the Watershed about it. Mrs. Sculley was concerned that today's wetland delineation will impact utilization of their property. She stated the berm to the south has caused more ponding and the creation of more wetland area. Sculley showed pictures of water on the road that used to be dry and passable. Fahey asked for clarification of the Sculley family's request for relief. He asked if they were looking fa a redefinition of the wetland or a correction of Existing drainage patterns and/or ponding areas? The Sculley's responded they want the City of Little Canada to take a heightened interest to any development proposed in the vicinity of their property. They want the City to be a friendly supporter of their position and to not impede them as they attempt to protect their interests. Fahey asked who owns the berm. Pogreba replied that originally the City of Maplewood was to own it, but they bought out of it. Aichinger reported that the area was a lowland area prior to 1945 according to aerial surveys. Aichinger reported that it is not his job to lay blame for the fact that the area appears wetter. LIe can't say the berm has caused any change that has occurred. He pointed out that there are wetlands in this area and there always have been. He didn't feel the area has changed appreciably from the 1940's to now. Mr. Aichinger also noted that the Army Corps of F,ngineers permitted the bens, even though permitting occurred after caistruction. Fahey asked who would assist the City with the issue of the berm. Aichinger indicated that the Watershed would gladly participate. He felt it was amulti- agency issue and should include Little Canada, Maplewood, the Watershed, and the Army Corps- However, if the objective is to drain Land, the process will not go very far. Fahey stated he didn't feel we should have to live with improper past constructia~. He asked if it is determined that the berm was not designed property, what would be the process for making corrections? Aichinger indicated that it would have to be proven that the bean is causing damage, and this is a difficult thing to do. Montour stated that the agreement was Maplewood was to build and maintain the ditch next to the berm. He asked what the Corps and Watershed would say about maintaining this ditch. Aichinger reported that the Watershed wouldn't force Maplewood to do anything as they did not have any agreement with them.