Posted: 12/1/04

Liberty Ponds encounters snag

Pat Tepoorten
Wyoming Township Reporter

Township engineers, Liberty Ponds engineers and property owner Richard Peterson will meet tonight (Thursday) to discuss solutions for the long-discussed Heath Ave. drainage problem.

The meeting is a result of the Tuesday, Nov. 23 Wyoming Township Board meeting, at which many revelations regarding the culvert were discussed.

Engineer Mark Erichson informed the board another blockage has been discovered in the pipe. Televising, which was commenced at the outflow, has come up against a blockage roughly 100 feet from the inflow of the pipe. Erichson said the remaining 100 feet of theÝpipe may have to be excavated and replaced.

Furthermore, Liberty Ponds developer Integra Homes Inc., who has been conducting the investigation and repair of the culvert to this point, may haveÝhit a snag with their developmentÝregarding an unrelated matter.

According to Erichson, a plan by the developer to use existing wetlands as part of the overall stormwater control system was denied by the Army Corps of Engineers. With the wetlands off limits, Integra will now most likely apply for a Planned Unit Development. A PUD would allow the developer to maintain the current number of lots, but in a smaller area.

Township Zoning Administrator Fred Weck said a PUD is a possibility, but the development must adhere to the parameters put forth for an Agricultural Cluster District.

This could have ramifications for the development, as the number of lots is critical. Weck explained in a Monday interview that the loss of as few as two lots could forceÝIntegra to shut down the development entirely. That would remove Integra from any future plans for the Heath Ave. culvert.

Other issues

Also discussed was the issue of responsibility for the pipe.

A letter from the Comfort-Forest Lake Watershed District Ýnotes, ìWe request that the township monitor the situation to make sure that the drainage system is adequate and the issue is indeed resolved.î In other words, itÝis the belief of the district thatÝmaintaining the pipe is the responsibility of theÝtownship.

But a letter from township attorney Tom Fitzpatrick refers to the situation as a ìprivate land dispute,î and not the townshipís responsibility. However, he did note theÝtownship may voluntarily assist inÝsolving the problem, based onÝconcerns for flooding of town roads.

Residents speak

Affected residents wereÝon hand at the meetingÝto express their desire to have the problem solved before spring flooding causes further problems.

According to one resident, until three years ago their was no problem with standing water, but forÝthe last few years it has remained constant. His fear was that, with the addition of spring run-off, the water levels wouldÝincrease to the point thatÝhisÝseptic system would be entirely flooded.

ìOur problem is that we have no easements,î said township Supervisor Scott Walberg. ìIf we had easements we would have fixed it by now.î

WalbergÝfurther articulated someÝof the problems intrinsic to the situation. He noted that both ends must be repaired to prevent sediment from draining into Little Comfort Lake, and added the developer may not be in a position to assist with the repair in the near future. He concluded ìthe landowner (Peterson) does have a responsibility. He canít allow homes to flood.î

Birch Lake Preserve

In other township news, the board signed a developerís agreement regarding Birch Lake Preserve, but not before a great deal of discussion. At issue was multi-jurisdictional nature of the development and the resulting problems.

A large portion of the development falls within the boundary of Chisago Lake Township, and is under the purview of Chisago County.

There was confusion amongst board members regarding development issues at the county level. Weck said the lack of communication between the county and the township has been an issue since ìday one.î

Weck said the county has historically been concerned about the lack of a developer's agreement and were the township to have one, it may help resolve some of the county issues.

The board was reticent to sign any such agreement with many unresolved issues with the county and Chisago Lake Township. Problems with Chisago Lake Township revolve around the paving of certain roads around the development and the board didnít wish to put additional pressure on those negotiations.

Erichson suggested the township sign aÝdeveloperís agreement but hold off on recording it with the county until the Chisago Lake issues have been resolved.

ìWe have a request,î he said. ìWe shouldnít baseÝa decision based on what is happening in other communities.î He also added that it is notÝto the developerís advantage to construct only half of the development, but that issues with otherÝjurisdictions would have to be resolved before construction could begin in earnest.

Weck explained thatÝsigning the agreement does not give theÝdeveloper permission to start construction, who must first have approved construction plans. Outstanding issues with other jurisdictions would have to be resolved before those plans could be approved.

The board agreed to enter into the agreement, but also to hold off on recording the agreement with the county until some of these issues could be resolved.

Other business

The board on Nov. 23 accepted the resignation of planning commission member Dick Gilbert, who is moving out of the area.

Given that there are only seven meetings scheduled between now and March elections, and that the planning commission maintains a quorum, the boardÝelected to leave the seat open until after the election rather than fill it with an interim member.

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