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1 <br />1 <br />1 <br />COUNCIL MINUTES NOVEMBER 26, 1990 <br />will be to replace the definition of "natural water way" with the <br />definition of "water course ". The current Subdivision Code <br />requires that watercourses (including natural waterways and <br />drainage structures) not be included in a platted lot. This <br />means that ponding areas and streams are left out of a plat or <br />would be platted in outlots, leaving the ownership in question. <br />Mr. Boxrud noted that the recent direction of the City has been <br />to require that ponding areas and drainage ways be owned by <br />someone, either as easements on lots or in outlots owned by a <br />homeowners association. He noted that the City would not be put <br />in as severe a liability position with only drainage maintenance <br />responsibilities in an easement or homeowners association owned <br />outlots as compared to an outlot owned by the City. Another <br />advantage for the City not owning the ponding system or other <br />drainage ways is that the adjoining property owner can, within <br />limitations imposed by the CORP and the DNR, maintain their <br />property as they see fit, thus avoiding calls to the Public Works <br />Department for aesthetic maintenance. <br />Ordinance No. 18 - 90 has been reviewed with the DRB since <br />several areas of the present City Code would be revised because <br />of the changes in definition. The DRB has approved the changes. <br />Council Member Reinert stated that the City should have certain <br />requirements for ponds that are owned by homeowners associations. <br />He said the City should have a roll in how these ponds are <br />managed. Mr. Boxrud said that is the reason a variance would be <br />required for ponding owned by an association. During the process <br />of granting a variance the City Attorney should meet with the <br />homeowners association to be sure if the homeowners document <br />meets all City requirements. Council Member Kuether noted that <br />ponds that touch more than one (1) lot require an agreement <br />between the homeowners to address major concerns. Mr. Hawkins <br />explained that ponding easements would be handled in the same <br />manner as street easements. The City would be accepting full <br />control for drainage. The difference is that the homeowners <br />would be maintaining the ponding areas. Mr. Hawkins noted that <br />the ordinance addresses ponding in the same manner as the City is <br />addressing the Section No. 18 drainage plan. He also noted that <br />if problems occur, the City will correct the problems and then <br />assess the affected property owners for the expenses. This is <br />handled in the same manner as street easements. When a street <br />problem occurs, the City corrects the problem and assesses the <br />affected property owners. <br />Mr. Boxrud referred to the sketch attached to the "green sheet ". <br />The sketch shows in cross section how the proposed ordinance may <br />affect a lot with a steeper lawn to the pond and a lot with a <br />flatter lawn to the pond. The sketch shows how to determine the <br />PAGE 8 <br />f nI <br />