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1 <br />1 <br />1 <br />COUNCIL MEETING APRIL 23, 1990 <br />easements for maintenance purposes. Mr. Hawkins noted that <br />if the City acquires the easements, then the City is legally <br />responsible for maintenance. Mayor Bisel asked if the lots <br />bordering the northerly pond would meet minimum requirements <br />if the ponds were removed. Mr. Boxrud noted that these lots <br />are almost twice as big as required so that they can contain <br />a portion of the pond and yet meet minimum requirements. <br />Mayor Bisel asked Mr. Boxrud if it would be more reasonable <br />to have a homeowners association so that the City would not <br />be responsible for maintenance problems. Mr. Hawkins noted <br />that normally the question of maintenance of ponding is the <br />responsibility of the City. He noted that this would be no <br />different than what is happening in the Second Avenue area. <br />Council Member Reinert asked why this should be handled <br />differently than the Reshanau Lake Estates subdivision where <br />homeowners associations were established to maintain the <br />ponds. This method will keep the City out of ponding <br />maintenance. Mr. Hawkins asked if the City retained an <br />easement. The City did not retain easements in this <br />subdivision. Council Member Reinert noted that if the City <br />approves this preliminary plat the burden of maintaining the <br />ponds and the liability for the ponds becomes the <br />burden of the City. In the Reshanau Lake Estates area, the <br />burden is on the homeowners association. Mr. Hawkins <br />explained that the City is accepting the burden of <br />maintaining the drainage and ponding as part of the <br />comprehensive storm water management plan. The City has made <br />a policy to take control of drainage. Council Member Reinert <br />said he felt this was different from the comprehensive storm <br />water management plan. This is created by a developer for <br />his own particular development and the City should not take <br />the responsibility for ponding within the development. <br />Council Member Reinert also questioned why it was necessary <br />to have full basements in an R -1X zone. He said he did not <br />feel that this was a significant reason for rezoning the <br />subdivision. <br />Rick Carlson of Carlson - Dropps and Associates explained that <br />the issue was not how deep the basements could be dug. He <br />noted that R -1X requires 1100 square feet homes whereas the <br />R -1 zone requires 980 square feet - homes. He noted the area <br />is open, flat, with no trees and adjacent to an R -1 zoning. <br />He felt it would be more appropriate to build R -1 sized homes <br />in the first phase. He did propose to build R -1X homes in <br />the easterly forty (40) acres. He noted that the only <br />difference in lots sizes is that the frontages would be <br />eighty (80) feet rather than ninety (90) feet. However, the <br />lots would be over 18,000 square feet which is nearly twice <br />the size of an R -1 lot. This makes the density one and one <br />half (1 1/2) lots per acre. Mr. Carlson also anticipated <br />that there would be very few full basements. He is <br />investigating how much the ponds will lower the water table <br />and maybe he can get more full basements in the subdivision <br />PAGE 6 <br />