Agenda - Public Works Committee - 02/19/2008

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CASE # cR CONSIDER RELEASE OF INSPECTION ESCROWS FOR HIGHLANDS AT RIVER PARK By: Tim Rimmer, Assistant City Engineer Background: At the July 17, 2007 Public Works Committee meeting a few residents from the HIGHLANDS at RIVER PARK subdivision shared their concerns with the Committee related to a pond liner within their development. One resident (Scott Rothrum) pr,esented documentation showing decreasing water levels in the pond over time, and a petition from the riparian homeowners requesting repair of the potentially damaged and leaking liner. Mr. Rothrum inquired whether the City was still retaining developer (Arcon) funds, and ifthese funds could be utilized to correct the problem. The residents were also requesting support from the <;ity in dealing with the developer and resolving the issue. The Committee directed staff to determine how the City might be able to assist and prepare a case on this topic to be included on the next meeting agenda. Staff investigated the matter over the next few months and determined that the liner was definitely leaking, and the water elevations continued to drop. Staff conducted field research by reviewing grade alterations along the waters edge on private property, and introduced a dye product into the pond in an attempt to locate the leak(s). It was inconclusive from the tests to pinpoint the exact location(s) ofthe breach or when they might have occurred. Staff continued discussions with Mr. Rothrum and shared additional information requested related to the liner specifications. At the October 16, 2007 Public Works Committee meeting staff presented a case updating the Committee on what had transpired over the previous months. It stated that a couple rounds of dye testing revealed potential leaks in the liner, but the results may have been flawed due to improper testing criteria; specifically the water level of the pond at the time of introduction and the amount of dye used. The Committee directed staff to acquire more dye for another round of testing, under the proper conditions, and to have the City Attorney review whether the developer's security could be used to remedy the problem ifthe breach was caused by their negligence or improper installation. Following the October Public Works meeting staffmet with Rick Packer of Arcon Development and Mr. Rothrum in an attempt to develop a strategy to resolve this issue. Staff looked into purchasing additional dye powder, and further examined the procedure for accurate testing criteria with the product manufacturer. It was found that to accurately conduct the test according to product specifications it would require the expenditure of approximately $6000. This was further complicated by the fact that the effectiveness ofthe dye product was reduced by the presence of chlorine in the water; therefore, the City could not fill the pond to meet testing criteria using municipal water. It was determined that staff would not advance additional dye testing, and the financial expenditure required, until directed to do so by the Committee and City CounciL During this same time period staff continued dialog with Mr. Packer and Mr. Rothrum, and continued the field investigation of private retaining walls constructed within the drainage and utility easement around the pond. It was found that the base of one of these walls was constructed below the normal water level 3