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MIN UTI'iS <br />CITY COUNCIL <br />JULY 72, 2001 <br />Aichinger indicated that the Watershed may be interested in studying whether <br />or not the berm is serving any purpose. This may be a good wetland mitigation <br />project However, he was not sure this would help the property owners' <br />situation. <br />LaValle questioned that if Sculley was still farming this land and Maplewood <br />put in ditches that made the property unfarmable, wouldn't they be <br />responsible? Aichinger indicated that would have made it easier to prove the <br />hardship. <br />Pogreba indicated that yards on the outlot at the north end of the berm were <br />filled in. Aichinger agreed. <br />Fahey asked who would do an off cial study of the delineation Aichinger <br />indicated that there are consultants who would do this, but permission would <br />be needed from the property owners and the delineation would have to be <br />approved by the Watershed. <br />Fahey noted that things have happened in Maplewood that have impacted <br />Little Canada residents. The question is where do we go from here. <br />Dan Sculley asked how the development off County Road D got approval to <br />drain to the south. Aichinger stated that was the general direction the water <br />was flowing prior to development. <br />Pogreba indicated that the land to the south of Beam Avenue was filled in <br />where the natural flow to Kohhnan existed. Pogreba asked why there is a ditch <br />that no one is required to maintain. <br />Aichinger reported that these are private ditches. The Watershed's authority <br />lies with judicial or county ditches. <br />LaValle asked what authority does the Watershed have? <br />Aichinger reported that the Watershed has the authority to do projects that <br />improve water quality. They have restricted authority over trunk conveyors. <br />The Watershed typically does not get involved iu laterals or feeder systems. <br />Aichinger admitted that under current law the berm was totally wrong. <br />However, this law did not exist when the berm was installed and as a result, it <br />was legally installed. <br />Aichinger indicated that the berm works and noted that no homes flooded and <br />there was no imminent threat of flooding even in this very wet spring. Water <br />filters through the area. <br />