Minutes - Public Works Committee - 05/15/2007

Home

Councilmember Olson commented she was in a development in Hugo the other day where the lots encompass and go right into the storm water pond, and that area belongs to the homeowner. Public Works Director Olson explained these lots go into the pond as well, but the pond limits are protected by a drainage and utility easement. The City maintains and cleans out the pond when necessary so that it does not flood people's homes. He indicated it would be simple to say pond liners are not allowed any longer, but there are those that feel there is an aesthetic quality with the open water environment and the lined ponds potentially allow a higher average sale of the propeliy. Councilmember Dehen asked if there is a way to require the developer upon approval of the plat to record with each sale some sort of covenant to follow the land stipulating that the liner is the responsibility of the homeowner. Councilmember Olson suggested the developer be required to have an association in place to maintain the liner. Councilmember Dehen commented this is a similar situation to Oakwood Land Development's request to constmct in the cul-de-sac area. Public Works Director Olson indicated this does equate similar to that situation. It is no different than Wood Pond Hills south of Sunwood Drive when someone hit the entrance monument and there was no association to pay for it. If that is the position the Council takes it is completely acceptable. There will likely be unhappy people living around the water, but if that same approach that is taken nothing will be done with the liner. No one's propeliy will flood out because of the liner failing. If there is an aesthetic quality there is the option to do the project publicly and move forward with assessing the benefiting property owners. Councilmember Olson suggested the developer could decide who the benefiting property owners would be. She asked if there would be any inhibition on the ability of the pond to take care of the overflow if it is a storm water pond and there is a 100 year rain. Public Works Director Olson replied generally when the developer submits the calculations for the subdivision the storm water pond is included as a lined pond with area accounting for that. City Engineer Jankowski indicated staff is looking for direction to prepare a policy for the installation of lined ponds. He has heard that from the City's standpoint they will take a surety for the pond during constmction to be sure the pond is constmcted correctly. After the pond has passed inspection and the last house is built the surety will be released. Future maintenance will then be the responsibility of the homeowners association. Staff will also investigate whether language regarding the homeowner's responsibility can be included on the deed. Chairperson Elvig clarified the constmction period would include the house being built and the yard substantially complete. Public Works Committee / May 15, 2007 Page 4 of 11