Agenda - Public Works Committee - 07/15/2008

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Scott Rothrum stated that was not the way this was designed or sold to everyone. He stated that they all paid premium prices for their lots because they were to be on a pond and are paying taxes on this higher amount, so he would have to say that they are not willing to abandon it. COUllcilmember Olson stated that she is very reluctant for the City to take this project on because she doesn't want it lying in the City's lap. She asked how much it would cost to fill the pond in. Pub lie Works Director Olson stated that it cannot be filled in because it is a big part of the storm water drainage system in the area. Chair Elvig stated that he doesn't see the City involved unless there is a definitive way of correcting the problem. He stated that he doesn't see the City as being liable, but can continue to be an advocate to the homeowners and assist with ideas, engineering and working with the contractor. Councilmember Dehen stated that he would be fine if the $30,000 was used for the seepage product, but doesn't think the City can keep getting involved with money after money. He stated that he would like to see a consensus from the homeowners about what they would like to do. Nick Steblay, 15460 Xkimo Street asked if Arcon was liable in any way. He asked if there was a legal agreement with the City, in terms of the planning done for this neighborhood. Assistant City Engineer Himmel' stated that the design simply called for a use of a liner in the pond. He noted that relating to storm water management, in the eyes of the City, infiltration of the water is a good thing. He stated that he would see this as recourse for the homeowner because they purchased a lake shore lot and paid a premium for their lot. He reiterated that, in the eyes of the City, whether the pond holds water or not doesn't matter. Chair Ehrig stated that the City didn't contract or have this project done and that funds were exchanged between the homeowners and the contractor, so he sees this as more of a civil issue. He asked if it would be possible to release the $30,000 to the homeowners to use to take legal action against the developer. Nick Steblay asked if there hac! been an inspection done on the pond by the City. Public Works Director Olson stated that there were inspections. done and pictures were taken, but noted that this wasn't a required improvement and the developer wanted to do this. He stated that the City looks at flooding levels and making sure that nearby homes don't get flooded, not the lack of a liner. Scott Rothrum asked if the developer needed to submit a plan and follow it. Public Works Director Olson stated that this pond' was constructed in 2002 and the contractor is only liable for a certain length of time after they construct it. Public Works Committee I June 17,2008 Page 4 of 11