1977-01-25 - Laserfiche WebLink

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LATS. BANNIGAN & CIRESI, P. A ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING STN AND C[DAR SAINT PAUL. MINNESOTA 86101 DONALD L. LATS JOHN F. BANNIGAN. JR. JEROME D. CIRESI PATRICK J. KELLY September 20, 1976 Mr. Thomas Lewcock New Brighton City Manager 803,Fifth Avenue N.w. New Brighton, Minnesota 55112 Dear Mr. Lewcock: AREA CODE 612'. 224.9781 You have requested my opinion relative to whether or not the City of New Brighton could clean out and improve the pond in the Forestdale Adddition and also whether or not the Watershed District had the power and authority to do the same. As I understand the facts to be the pond in question is almost entirely surrounded by private housing which abutts on the pond and, in fact, the pond lies on ground that is platted. The City has a ponding easement all the way around the pond and for some distance or elevation above the water level. MSA 429.021 provides that the Council of the City has the power to make the following improvements: Subdivision (2,) To acquire, develop, construct, reconstruct, extend and maintain storm and sanitary sewers and system, including outlets, holding areas and ponds, treatment plants, pumps, lift stations, service connections, and other appurtenances of a sewer system, within and without the corporate limits. Subdivision (6) To acquire, improve and equip parks, open space areas, playgrounds and recreational facilities within or without the corporate limits. Subdivision (8) To abate nuisances and to drain swamps, marshes and ponds on public or private property and to fill the same. Under the authority conferred in the above cited statute,and stated subdivisions, it is eminently clear that the City would have the power to maintain the pond which might include removing of silt and construction of structures to prevent or slow down the siltation process. It also appears that if the area involved here is an open space area and so designated, the City could pursuant to Subdivision (6) improve that space.