09/12/1995 Minutes - Laserfiche WebLink

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that if they have to install below ground retention, they would add lots along the entire property. In response to Mr. Brennan's question, he advised that he did not thivk the water in the pond would be ris anywhere near as high as it does in Rice ditch, but he cannot quote figures. Mr. Brennan was concerned about a pond in a residential area where mosquitoes would breed, and which children could fall into. Mr. Basalla stated that the use of the word pond in the notification was mislead.ing, since there would be no permanent water in it, there would only be water in it during and after a rain since it would drain out afterward into the channel. The area will also be fenced in. He maintained that this would do what the city had intended to do when they deepened Rice ditch. Mr. Tallon believed that below ground retention would accomplish the same results. Mr. Basalla responded that this would address not only their needs, but those of the city as well. He believed that they could design it to be an asset, not a liability, and that most facilities which become eyesores were not designed properly and were not in areas large enough to accommodate them. City Engineer Deichmann advised that the existing system was built by the city in an attempt to alleviate some of the flooding problems in the area. He agrees this proposal would provide a significant increase in storage capacity for storm water, but he has not seen any plans for an underground system. He believed that this proposal could be a major improvement in storm water management, but he is concerned that at certain times of the year, the ground in the area could become saturated, even though there was no standing water, wluch possibly could become a problem He noted that any above ground retention must be approved by planning commission and suggested that the residents should have some input. He agreed that it could be done so that it would be easy ,to maintain, but there is a concem about what it might look like in 25 years. Mr. Tallon stated that by ordinance they must manage their own water and restrict their flow to equal to or less than what is there now and believed that an underground basin would also help manage the water. Mr. Deicbmauu explained that the ordinance that was passed last year specified tliat they must analyze the run off on the existing site for a critical storm and for a one year storn and their retention must limit their out flow to 90% of the runoff from a one year storm so if there is a 2: year storm, they have to store a lot of water. He advised that the commercial portion needed a retention of close to a half inillion gallons. The code required that significant capacity for storm water volume be provided, but he has seen no plan for an alternate. This plan provides for about ten times the storage capacity of what the city's existing system has. Mr. Brennan asked if it were realistic for a home owners association to maintain such a system. Mr. Deichmann responded that if it is properly built, with the correct slopes and the correct fall so that it does drain with no pockets of water, it becomes big swale wluch the home owners' association wouldhave to mow. He advised that unless there was a special design for au underground retention, nothing could be built over it. Mr. Tallon asked what the city's recourse would be if a home owners' association did not mow the grass. Assistant Law Director, Dubelko responded that to impose an obligation on the home owners', the area would have to be considered common area, deeded to the home owners' association, and a restrictive covenant imposed against every lot owner in the association to become a member of it, and to contribute a certain fee for maintenance. It would be up to the association to enforce it. Ifthe association did not maintain it, it would be up to the members to compel them to maintain it. The city would not be a party to it. Mr. Deichmann noted that only five of the lots would abut the area, so only a minority would have an interest in it. Mr. Herbster noted that years ago, almost every development had an association, but most are dissolved, and he questioned what would happen if this one were. Mr. Dubelko stated that this did happen once, but it would depend on how the deed was drafted, in that particular case the property reverted to the city. Mr. Basalla stated that, even if the city inherited the problem, it might be a good deal less of a problem than they had with the continuing problem of storm water flood.ing. He stated that in condominium developments cities require that a home owners association be established. He repeated what Mr. Deichmann had stated that the maintenanc would be little more than regular mowing. He clarified that the home owners' association would include the other 48 lots, not just the lots in the second subdivision and that the association would also be obligated to maintain the landscaped circle in the development. Mr. Herbster noted that it was stated at an 4