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/hat states that the developer would be responsible for maintaining the pond, including a <br />statement in the certificate of liability regarding the City not having any liability for issues such <br />as pilings sinking or the patio floor cracking. The City would still dictate when the pond needs to <br />bc cleaned. The developer would be given a credit on the storm drainage utility as if it was <br />owned by him. '['he maximum leakage rate for the completed liner will be 500 gal/acre/day. One <br />question during the Committee meeting was whether it is a concern to the City if there is leakage. <br />l lc explained fi'om a functional standpoint it does not mean anything, but from a water quality <br />and aesthetic standpoint it means a great deal. <br /> <br />Ctmncilmcmber Cook noted with the pilings going through the lining it will make the pond much <br />more dil'ficult to maintain and dredge. He questioned if the maintenance will eventually be the <br />responsibility of thc landowner. <br /> <br />Assistant Public Works Director Olson replied the responsibility is tied to the property with <br />liability insurance attached to it as well. He noted the only drawback is if the deck is put on the <br />pond and it is liked so much, it is not likely that the City would require them to remove the deck <br />il'a certificate of liability lapses. <br /> <br />Councilmcmber Cook noted another recommendation was to have the developer look at a more <br />resilient type of liner for the event of the City possibly being in control of this at some point, <br /> <br />Assistant Public Works Director Olson indicated the developer has seen this case and has some <br />suggested language changes, Staff is requesting authority to develop the maintenance agreement <br />using some of thc issttcs that have been outlined, and bringing it back to the Council for <br />approval. <br /> <br />(iouncilmcmber Elvig commented the property has just gone through a sale. He asked if the new <br />owner has seen this case. <br /> <br />Assistant f~ublic Works Director Olson replied the new owner indicated they would like staff to <br />lo(~k at the maintenance agreement on land they held somewhere else. <br /> <br />6) Consider Contract Revision to LSA Design <br /> <br />'l'his case was ratified at the March 22, 2005 City Council meeting. <br /> <br />7) Consider Light Pole and Banner Arm Specifications <br /> <br />case was ratified at the March 22, 2005 City Council meeting. <br /> <br />8) Consider Change for Elmcrest Park Parking Lot Improvements <br /> <br />/xs.~istant l~ublic Works Director explained this case is to consider a change order for Elmcrest <br />[~ark parking lot improvements. He explained soil borings indicated that clay soils were present <br />under most ot' thc parking areas. The contractor encountered soft wet soils in the southern area <br /> <br />City Council/April 12, 2005 <br /> Page 32 of 35 <br /> <br /> <br />