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Council Meeting Minutes January 26, 1988 Page 8 Benke asked if we were dealing with a drainage easement in this case. From past experience as a Planning Director, Briggs found there are two basic solutions to the problem: (1) have the homebuilder, at the time of the. building permit, be required to meet the grad- ing plan and then, prior to the occupancy permit, it can be regraded properly, if necessary; and (2) the city can insist, where there are easements, that the homebulder mulch and seed or sod the area consistent with the grade easements (he never saw an owner pull up a lawn to regrade the property). LeFevere. stated .that would where there is a problem (it m case) but it doesn't prevent a cing fill on the property, it will happen as a result of an developing a back yard. probably reduce the number of cases fight have solved the problem in this continuing legal limitation of pla- just makes it less likely that it unknowing act by a landowner who is Allen Smith, 2851 North Innsbruck Drive, indicated the outlet to the holding pond is not an outlet; water flows into the pond, the water never has gotten high enough to flow out. Benke asked council and staff to look at comments from LeFevere and Briggs to resolve the differences (what happened, what went wrong, and who is to blame) and to determine what can be done to remedy that, if anything has to be done. Those issues need to be resolved as quickly as possible before there are subsequent addi- tions to the watershed. In response to Larson's comment, Mattila stated Condition #5 was added to address the silt fences concern and stated that staff has added a $100 fee to the building permit to insure that the streets are kept clean during construction (specifically 12th Street N.W.); the city would use the $100 to clean up .the street, if necessary. With regard to Condition #6 in the resolution, Williams asked if it was still staff's intention; felt it should be removed or amen- ded to read: "that the development would not further contribute to any existing drainage problem north of 12th Street N.W." Mattila recommended removing Condition #6 as a condition of appro- val. Benke felt some kind of an escape clause should be included to be sure this does not add to the problem. Motion by Williams, seconded by Brandt, to WAIVE THE READING AND ADOPT THE PROPOSED RESOLUTION APPROVING A SUBDIVISION OF CERTAIN. PROPERTY WITHIN THE CITY OF NEW. BRIGHTON WITH THE FOLLOWING CHANGE TO CONDITION #6: "AND THIS PLAT DOES NOT CONTRIBUTE TO THE DRAIN- AGE PROBLEM NORTH OF 12TH STREET N.W. IF ANY EXISTS."