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<br />Chairperson Elvig requested clarification that the request is not to have the City repair the pond <br />at City cost, but to assist in whatever capacity they may.be able to, especially since the developer <br />is still on site. <br /> <br />Mr. Rothburn replied yes, they are looking to work with the City and try to get this resolved, <br />hopefully at the expense of Arcon. <br /> <br />Ms. Allison, Seaman, 15451 Yakima Court, stated they were one of the first people to build here, <br />and they were promised a lot by the developer. They were promised certain amounts of brick <br />and stone on the front, and the developer did not care, although they made them go around their <br />house with more bricks because it did not meet the covenant requirements. Someone has to take <br />a stand and help the residents with this. <br /> <br />Chairperson Elvig explained that covenants are not something the City can enforce. <br /> <br />Ms. Seaman said she is telling them about the nature of the developer. She stated they hand <br />picked their lot because of the pond. <br /> <br />Councilmember Olson asked if anyone has talked to Arcon, <br /> <br />Mr. Rothburn stated he has been going about this for the last 2 Y2 to 3 years. During the last rain <br />storm there was two inches of rain, and the pond is dry. <br /> <br />Civil Engineer II Linton presented aerial photographs of the subject pond showing that the poly <br />liner was installed and properly functioning in the spring of 2003. He presented undated aerial <br />internet photographs showing that the pond was holding water. Public Works Director Olson <br />indicated the timeframe of the internet photographs is likely 2005 because most of the homes are <br />already built. <br /> <br />Chairperson Elvig asked if the City is still holding a retainer from Arcon. <br /> <br />Public Works Director Olson explained the City has money from Arcon Development, not Arcon <br />Construction. The difficulty would be proving that Arcon was responsible for the leaking liner, <br />although he understands the position of the residents. Mr. Olson noted that in Mr. Rothburn's <br />email he indicated that Mike McDowell had apologized for the department. He stated to this day <br />he is sorry for the situation that is out there and he told Mr. McDowell to apologize. <br /> <br />Mr. Rothburn stated he has been documenting his conversations with Mr. McDowell so that he <br />does not misspeak. Mr. McDowell has been very helpful to that extent. <br /> <br />Mr. Ron Wagner, 15381 Yakima Court, stated for a time reference with the photographs, his <br />house is lot number 8 and was one of the last ones built. He started construction in September of <br />2005 and completed in April of 2006. <br /> <br />Councilmember Dehen asked if there is any idea where the breach in the liner is located. <br /> <br />Public Works Committee / July 17, 2007 <br />Page 2 of 12 <br />