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258 <br />COUNCIL MEETING MARCH 28, 1988 <br />that if the Council has approved a plat because drainage <br />will work in a particular manner, the City has the <br />responsibility to monitor the condition of these ditches and <br />to see that they function as they were designed. She noted <br />that if the Council did not consider her request she would <br />follow the City Charter and place the issue on a ballot for <br />the voters to decide. <br />Mayor Benson asked Mr. Volk if he monitored any ditches and <br />Mr. Volk said just those on City right -of -way. Mr. Volk <br />noted that the vast majority of ditches are on private <br />property and to implement an ordinance such as proposed by <br />Mrs. Elsenpeter would require easement acquisitions. There <br />was discussion regarding obtaining permission to inspect <br />ditches currently in existence and making sure that with new <br />plats proper easements are obtained for ditch maintenance. <br />Mayor Benson told Mrs. Elsenpeter the Council would take the <br />matter under advisement and asked that Mr. Hawkins and Mr. <br />Schumacher prepare a draft ordinance. <br />DISCUSSION ON STATUS OF FOXTAIL TRAIL - SHENANDOAH II, DON <br />VOLK <br />Mr. Volk has sent a memorandum dated Marcia 28, 1988 to the <br />Council regarding this matter. The memorandum includes a <br />four point recommendation for resolving this situation. Mr. <br />Gary Barott owns forty acres of land to the south of <br />Shenandoah II and has requested that the right -of -way known <br />as Fox Trail be upgraded to provide a better access to his <br />property. He explained that the developer of Shenandoah II <br />has subcut the right -of -way and this has created a low area <br />which holds water. The City has requested that the <br />developer raise the road bed to allow dry access to the <br />Barott property. The developer does not feel this is his <br />responsibility. <br />Mr. Barott is also concerned about storm water management <br />and felt if the right -of -way were not blacktopped it would <br />wash away during heavy rains. Mr. Volk's letter included <br />recommendations for rectifying this matter. <br />Mayor Benson noted that this problem was before the Council <br />last fall and he thought an agreement has been reached. Mr. <br />Volk said Mr. Marier was working on this just prior to his <br />death. <br />PAGE 2 <br />