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<br />Mr. Rothburn replied it was just this past winter that he really noticed it. There was snow in <br />March, then warm temperatures, and everything melted. When it started melting you could see <br />where the ice started breaking away sooner. He took pictures of the pond, and how quick the <br />water goes out. It does not take long for it to dry out. <br /> <br />Chairperson Elvig commented that the liner must take a beating in the winter with ice pressed up <br />against it. <br /> <br />Public Works Director Olson explained that there are 18 inches to 2 feet of sand on top of the <br />liner. <br /> <br />Councilmember Dehen stated the problem as he sees it from a legal standpoint is that if you want <br />to hold someone responsible for the problem you have to show that they were somehow at fault. <br />The legal system is based upon fault principals, unless it is a warranty issue. He questioned how <br />to show fault on Arcon when there is no idea where the breach is located. <br /> <br />Public Works Director Olson pointed out that there is also documented evidence that the liner <br />was functioning at least two years after it was constructed. <br /> <br />Mr. Rothburn stated he has noticed it to the point of seeing the fluctuations in the water with the <br />various pictures he has taken of their home in the construction stages. When they bought their <br />lot the pond was constructed, but the riprap had not been installed. Arcon came back out and <br />installed rip rap in the storm outlets and was in there with equipment. The equipment could have <br />caused damage. He had emailed Arcon and received no emails or calls back. When he talked to <br />Rick two years ago he said Arcon did not put a liner in there. He then later said that Arcon paid <br />for the liner and asked how it is known that he did not damage it with some heavy equipment. <br />Mr. Rothburn stated the City's records should show that the City directed Arcon to install that., <br />nprap. <br /> <br />Chairperson Elvig asked ifthere is any type of inspection of these ponds after they are built. <br /> <br />Public Works Director Olson replied the ponds are inspected when they are completed, and <br />generally again the following year to be sure they are functioning. This problem occurred two or <br />three years later. <br /> <br />Chairperson Elvig asked if there is a way of building these ponds that the developer should <br />adhere to, whether or not it is inspected by the City. He inquired whether it is known that there <br />is 18 inches of cover, or if there could be 6 inches with bare places. <br /> <br />Public Works Director Olson replied the cover is known; they have photographs of when the <br />pond was installed. He noted while the Council has been discussing a policy associated with <br />lined ponds, they have discussed not accepting ponds until after all the houses are built because <br />the City does not offer permits for the construction of retaining walls or things that could <br />potentially damage a liner, and they cannot necessarily hold the developer responsible since the <br />damage could have been caused by anyone that punctured the liner. Even after this discussion <br /> <br />Public Works Committee / July 17, 2007 <br />Page 3 of 12 <br />