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347 <br /> <br /> depth study of exactly who would be responsible for that drainage, and con- <br /> cluded that the ultimate responsibility was the developers, and perhaps some <br /> of the responsibility was that of the lower court homeowners because they were <br /> the people truly benefitted by any drainage system that should be put in. The <br /> Association invited by letter to all Gloria Court homeowners and to the <br /> developer to meet and discuss and resolve this issue before the heavy winter <br /> storms. They virtually received no response for months; but Mr. Stansell and <br /> a Mr. Mendicino ultimately responded and agreed to talk but that was the only <br /> response they got. The Association has always invited the lower homeowner <br /> people to come on with whatever people they want, experts or otherwise, to <br /> take a look at the situation and see if any drainage facilities need to be put <br /> in to protect their properties and have implied and probably expressed a will- <br /> ingness to grant the appropriate easements for no consideration to come in and <br /> take care of those problems. Unfortunately nothing got resolved, there was a <br /> heavy rain, and it is an unfortunate situation that Mr. Stansell finds himself <br /> in. The developer in this process has essentially taken the position of non- <br /> responsibility. He felt it unfortunate that innocent homeowners, and now the <br /> City Council, is involved in a situation, in his opinion, that should have <br /> been taken care of by the developer some years ago. <br /> <br /> Mayor Mercer asked Mr. Elliott to comment on the estimate of $5,000.00 to <br /> complete the necessary work to resolve the problem. Mr. Elliott stated this <br /> is a rough estimate; it could go as much as $2,000.00 higher but he doubted <br /> it. This would be done by a contractor, not City crews. <br /> <br /> Councilmember Brandes asked Mr. Elliott if he felt the engineering deci- <br /> sions made are what need to be done to resolve the problem. Mr. Elliott re- <br /> plied he felt they were proper and adequate. <br /> <br /> Mr. Smith asked Mr. Elliott his opinion of the V-ditch does something <br /> need to be done with that; the report seems to add three more thoughts and the <br /> V-ditch was not really addressed. What needs to be done with it. Mr. Elliott <br /> replied it just needs to be cleaned out. Mr. Smith stated they have received <br /> several reports over the years that it is failing and it is not serving any <br /> real purpose, and one of their concerns is who will be responsible for replac- <br /> ing that, perhaps even relocating it. They wanted to be sure they were in <br /> line with what the City wanted in getting this issue remedied. Mr. Elliott <br /> stated he felt the V-ditch, if it is cleaned out and kept maintained that it <br /> will have some purpose to the overall drainage system along with the other <br /> facilities that are being recommended. <br /> <br /> Councilmember Mohr asked a question regarding the homeowners association, <br /> the staff report pointed out that the original intent had been for the lower <br /> part to have its own homeowners association or more probably be part of one <br /> entire association; has the Homeowners group talked about annexing the lower <br /> part into their association. Mr. Smith advised they have not discussed this. <br /> He stated he is not privy to that information on the intent itself other than <br /> the face of the PUD. <br /> <br /> Councilmember Brandes stated he has a question for Mr. Elliott: The City <br /> is faced with a particular problem now but there is the requirement in the PUD <br /> that from time to time a study be done, it seems to him that the City needs to <br /> find a proper way to resolve this as this might not be the last time there is <br /> difficulty between these two properties, and he did not think by the engineer- <br /> ing report that this is for all time going to solve all problems. With the <br /> problem as it now exists the solutions proposed are appropriate. Mr. Elliott <br /> <br />.__ - 6 - ~.-6-87 <br /> <br /> <br />