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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9, 2013 6:30 o'clock p.m. (9. #13-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP, LLC, 2350 WATERTOWN ROAD,AND X� WILLOW DRIVE NORTH—PRELIMINARY SUBDIVISION, Continued) Struve stated it ultimately will be up to the Minnehaha Creek Watershed District on how to handle the stormwater. Struve indicated there are alternate ways to handle it dependinb on soil conditions and a rain garden is one way�to do it. Struve stated it would be the homeowner's responsibility to maintain it. Levang asked Mr. Abbott if he is amenable to whatever the Watershed District requires. Abbott indicated they are, and in talkin�with Staff and the engineers for this project, it was mentioned that the stormwater pond is not required but suggested. Gaffron indicated the Watershed District has some limitations, and if the hardcover is below their hardcover percentages for the entire site, stormwater management is not required. The developer's engineer believes there will not be the need for a single stormwater pond and that the rain gardens would suffice. Gaffron stated absent the Watershed District's approval, he has to assume at this point that the rain gardens would be an acceptable means to handle the stormwater. If the llomes double in size, the rain �ardens may no longer be sufficient. Gaffron noted some of the rain gardens straddle the lot lines, and without a homeowners association in place to maintain those, maintenance will be between two property owners to maintain them. Gaffron stated some thin�s will have to happen correctly to make them a valuable tool for stormwater management. Abbott asked if it is possible to place covenants on each lot so the homeowners and future homeowners would actually be required to maintain those without a homeowners association. Mattick indicated those covenants can be put on the development but then it becomes a matter of enforcing them. Levang asked if he is opposed to creating a homeowners association. Abbott stated he is not and that a homeowners association might be a good idea with the rain gardens but that the Planning Commission was not supportive of it. Abbott indicated he is agreeable to either doing it with covenants or with a homeowners association. Abbott asked if there is a difference between the homeowners association not taking care of the rain gardens versus the individual homeowners. Mattick stated not particularly. Mattick stated there is no easy fix to it but it is something that will need to be contemplated. Mattick stated ongoing maintenance Cends to become a�� issue and that the City does not go around policinb these things on a regular basis. Bremer stated a homeowners association often takes on its own policing Page 25 of 35 __ _ - -____ _._ _ ._ __