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1 <br />DESIGN REVIEW BOARD MEETING <br />September 12, 1990 <br />5. The area is being considered in a land use study <br />and the interchange study has not been completed <br />yet. <br />Mr. King seconded the motion and the motion was approved <br />unanimously. <br />John Bodger may take this application to the city council. A <br />public hearing is required for a conditional use permit. If <br />the applicant wishes to pursue this application the public <br />hearing would be scheduled for the fourth Monday in October. <br />REVISION OF THE SUBDIVISION ORDINANCE REGARDING WETLANDS /DAN <br />BOXRUD <br />Dan Boxrud addressed the board. He stated that there has <br />been a considerable amount of discussion recently regarding <br />impacts of ponding and drainage areas on new subdivisions. <br />The City of Lino Lakes has started to require developers to <br />include ponding areas and other drainage facilities in <br />easement areas on platted lots, as opposed to separate <br />outlots. This is contrary to the city code book. In <br />addition, Mr. Boxrud said that how individual lots are sized <br />adjacent to ponding areas and wetland vegetation areas has <br />become clouded as a result of the Army Corps of Engineers <br />protecting certain wetland vegetation areas which may not <br />ever have standing water. This can occur where the water <br />table bounced up to within inches of the ground surface <br />causing wetland vegetation to flourish on land not having <br />standing water. <br />Mr. Boxrud felt that Section 1001.08, Subdivision Design <br />Standards, should be modified at Subdivision 6, Lots, <br />paragraph (4). The board members received a photocopy of <br />this portion of the code. Boxrud feels that the area should <br />be changed so that the ponding areas and other drainageways <br />are included in the lot. <br />Mr. Boxrud discussed the reasons he feels that the <br />drainageways and ponding areas should be included within the <br />easements on the lots as opposed to separate outlots. He <br />explained that with separate outlots under city ownership, <br />the city becomes totally responsible /liable for the property. <br />The city would rather be in a position of only being <br />responsible for maintaining the drainage system, not <br />maintaining the property to the satisfaction of the adjoining <br />property owners nor being responsible for removing debris <br />people may discard in the ponding areas. <br />With the ponding area being within easements on a lot, the <br />adjoining property can maintain their property as they see <br />fit, within the limitations imposed by the Army Corps of <br />Engineers, the DNR, the Rice Creek Watershed District and <br />other city requirements. With a separate outlot owned by the <br />Page 8 <br />