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262 <br /> <br /> Mr. Roush explained that while the City-hired consultants -- <br /> have confirmed and supported the conclusions reached by the <br /> developer's consultants, it is the applicant who makes the <br /> decision to proceed at his own risk. The Council allows the <br /> development to occur, but the ultimate risk is shifted from the <br /> City to the developers and their successors in interest in the <br /> event that the information is incorrect. <br /> <br /> Mr. Tarvet inquired if there were any other studies that the <br /> City's consultants could recommend to assure that Mr. Toman's <br /> concerns are not valid. <br /> <br /> Mr. Swift answered that the geologists reviewed the scope of <br /> work done by the applicants' geologist as well as the conclusions <br /> reached, both of which they found satisfactory. If the project is <br /> approved and the property is developed, additional soil stability <br /> studies will be done in conjunction with the preparation of the <br /> sites for the houses. <br /> <br /> Mr. Scott Duncan, 440 Kottinger, owner of the house at the <br /> bottom of the hill, stated that he could not understand why the <br /> geological studies indicated that no ground water was found on the <br /> day the soil was tested when there was water flowing and a backhoe <br /> was buried in the mud. <br /> <br /> Mr. Swift stated that the geologists and City staff were at .... <br /> the site when the trench was opened and did not see any ground <br /> water. <br /> <br /> Ms. Dorothy Dow, 4219 Bevilacqua Court, owner of the house <br /> immediately adjacent to the Tomans and above the subject houses, <br /> stated that her house was built according to Code in 1976 but that <br /> a retaining wall had to be replaced after five years. She <br /> inquired why the City needs an indemnification clause if the City <br /> agrees that houses can be built on the hill. She requested <br /> council to uphold the Planning Commission's decision and deny the <br /> appeal. <br /> <br /> Mr. Gordon agreed that it would be necessary to go beyond the <br /> code requirements to ensure that the houses to be built are safe. <br /> He stated that on July 24, 1989, a soils test was done at the <br /> request of the Planning Department. He explained that the backhoe <br /> did not get stuck in the trenches but on a spot where the soil was <br /> soft. The trail of the surface water was traced to water coming <br /> from the top of the hill. <br /> <br /> Mr. Henry Justiniano, Geotechnical Consultant, pointed out <br /> that it is a common practice to have a drain in a hillside prior <br /> to placing the fill in order to give it some stability. He added <br /> that it is possible that no provision for stability was made when -~- <br /> the house on top of the hill was built. <br /> <br /> - 8 - <br /> 6-5-90 <br /> <br /> <br />