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1 <br />1 <br />1 <br />COUNCIL MINUTES NOVEMBER 26, 1990 <br />this evening. Mr. Schneider said yes. <br />Cheryl Bussen, 6719 Partridge Place explained that the major <br />problem in the area is a garden located on the Outlot and a dam <br />that was constructed which has caused water to backup into her <br />backyard. She asked why the swale is proposed to be located on <br />her property line and not where the problem is. It also appears <br />that the swale will be constructed in the area where trees are <br />nicely established. Mrs. Bussen asked what will prevent people <br />from constructing other dams. She also noted that a one inch <br />(1 ") swale will not handle much water and asked why PVC pipe is <br />not being considered. Mr. Schneider explained that PVC pipe <br />would have to be installed very shallow under the ground. The <br />pipes would freeze during the winter and thaw slowly in the <br />spring causing a backup of water creating a worse problem. Mr. <br />Hawkins explained that since the City would retain a drainage <br />easement over the entire Outlot, it would be illegal for anyone <br />to regrade any portion of the Outlot. This matter is covered in <br />the restrictive covenants and anyone violating the covenants <br />could be prosecuted. <br />Council Member Reinert noted that it appears that the Bussen lot <br />should have been filled in more prior to building the house. <br />Mrs. Bussen explained that Regency Homes had told her that the <br />grading was approved by the City and that there should be no <br />backup of water. <br />Mrs. Bussen asked if the swale does not handle the water and the <br />water starts to head for her property, what can be done? Council <br />Member Reinert explained that the City must resolve the water <br />problem according to the restrictive covenants. He also noted <br />that as in any watershed, the lower end of the watershed received <br />more water. Mr. Schneider noted that near the exit of the <br />watershed, the swale will be more than two inches (2 ") and will <br />be sloped and blended well. The area can be mowed as part of the <br />lawn. <br />Mrs. Bussen explained that since the water backed up in a very <br />dry year onto her property, people will dam more and cause more <br />water to back up onto her property. She asked what assurances <br />are there that the City will address this problem. Council <br />Member Reinert said that he is relying on the City Engineer to <br />properly design and construct the swales to prevent any problems. <br />Mr. Schneider noted that swales have a lot more capacity than <br />pipes, however, they must be kept clear of all obstruction, <br />especially in the spring. <br />Carole Johnson, 6742 East Shadow Lake Drive explained that she <br />owns the garden on the Outlot. She explained that a dozer was <br />brought in this spring to alleviate the water problem on the back <br />PAGE 6 <br />099 <br />