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City Council Study Session Meeting Minutes April 10, 2001 • Page 11 1 Councilmember Sparks asked about the other areas. City Attorney Gilligan stated that area is not 2 covered. 3 Mayor Cavanaugh stated the retention pond is a known area and the easement goes back off of 4 that. He stated the plantings are determined now but in 10 years the homeowner may have 5 changed the landscaping and the City does not want to restrict that from occurring. He noted this 6 is just the initial plan that is approved by the current homeowners. 7 Councilmember Sparks noted it indicates the area needs to be maintained neat and orderly, 8 however, a resident has indicated she does not think it is neat and orderly. Also, the City's 9 record on maintaining holding ponds is not great so she is concerned about moving forward with 10 this agreement. She stated she wants an agreement that also protects the residents. 11 City Attorney Gilligan stated the agreement places an obligation on the City that is not present 12 with other holding ponds and gives a standard for a homeowner to come to the City if they think 13 the City is not meeting their obligation. However, if there is a violation the City cannot be sued 14 for damages, only to maintain the area. Mayor Cavanaugh pointed out that the holding ponds are "young" and things will get better. He stated he is committed to work towards finding a standard. Also, this is now in writing and not 17 subjective. 18 Councilmember Sparks stated the stormwater retention area is defined and asked where that 19 point is located. City Attorney Gilligan explained the easement area is defined and the second 20 WHEREAS indicates the pond will be constructed as part of the easement. 21 Mayor Cavanaugh suggested a legal description be included as Exhibit A. City Attorney 22 Gilligan stated that could be included. 23 Morrison stated the Public Works Director will want the residents to call if they have a concern. 24 He reviewed some of the problems with current ponds related to how they were designed and the 25 City is attempting to make improvements. In this case, the City is taking more control over the 26 design of the pond. 27 Councilmember Thuesen stated he knows several who will call if they feel something is wrong 28 but he believes people are reserving judgement since they know the ponds are new. He asked 29 what is meant by "periodic inspection." 30 Mayor Cavanaugh suggested semi-annual inspections. City Attorney Gilligan suggested 31 language indicating "periodically but no less than semi-annual inspections." 0 Councilmember Sparks stated she would like the Addendum included as discussed.