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<br />Mr. Rothrum stated that he does not feel the residents should be responsible for this because <br />many of them hadn't even purchased their lots yet. <br /> <br />Chair Elvig stated that, as discussed at previous meetings, the City is interested in helping <br />discover where the breach is and how big it is, but noted that he is not advocating the City repair <br />it. He stated that he feels this would need a legal opinion to see if the City can utilize the Letters <br />of Credits it still holds. He stated that he agrees with the thoughts that the City is not responsible <br />for this issue, but has said it will help the residents find out where the problem is. <br /> <br />Public Works Director Olson asked if the Committee wanted staff to move forward with the <br />powder dye testing. <br /> <br />Motion by Chair Elvig, seconded by Councilmember Olson, to direct staff to acquire the dye <br />powder and specific instructions on its use and have the City Attorney review whether the <br />Letters of Credit can be used if the City 'finds out the breach was caused by negligence or <br />improper installation. <br /> <br />. Further Discussion: A man from the audience asked what the downside would be of trying to <br />use bentonite to seal the hole. Chair Elvig stated that expense would be one consideration and <br />also that no one knows for sure where the breach is or ifthere is more than one. <br /> <br />Motion carried. Voting Yes: Chairperson Elvig, Councilmembers Olson, and Dehen. Voting <br />No: None. <br /> <br />Mr. Rothrum asked when this item would be back for discussion. <br /> <br />Chair Elvig stated that it will be on the agenda for the November Public Works Committee <br />meeting. <br /> <br />Chair Elvig stated that in light of time constraints he would like to move some of the items from <br />the agenda to a future meeting. <br /> <br />Public Works Director Olson stated that Case #8 could be postponed. <br /> <br />Chair Elvig stated that Case #9 can also be postponed. <br /> <br />Councilmember Dehen stated that the Committee has read the case information and suggests that <br />the Committee skip the staff review of this information and move into questions and discussion. <br /> <br />Case #4 <br /> <br />Consider Request from Oakwood Land Development Inc. Regarding <br />Brookfield Trail Reimbursement <br /> <br />Public Works Director Olson stated that the City received a letter from John Peterson of <br />Oakwood Land Development requesting additional reimbursement for trail construction. He <br />stated that the development agreement specified a dollar amount of$14.09 per foot but when the <br />trail was constructed, there was a significant amount of trees that needed to be removed. He <br /> <br />Public Works Committee /October 16, 2007 <br />Page 8 of 12 <br />