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<br />cannot help and the matter is between the construction company and the homeowner. <br />She also indicated that there is to be four inches of topsoil and that has definitely not been <br />followed. <br /> <br />Mr. Bob Hosfield of 6983 Portage Way indicated he was the last person to move into the <br />new development and he has some questions for the Council. He then asked if it was <br />possible to have the streets swept at a time other than 2:00 am. because it is very loud <br />and disrupts his sleep. He then said his other questions are is the streets are public <br />property and if Swift is causing drainage that destroys public property if that would be <br />the City's responsibility. He further commented that ifboth answers are yes then the City <br />has only have one way to go and that is to force the contractor to repair those drainage <br />conditions because they do affect the City street and that is costing money. <br /> <br />Mr. Steven St. George of 1861 Pioneer Lane indicated that they have been told time and <br />time again that this is a civil matter between the developer and the homeowner but he <br />feels the City should do something to assist the homeowners with this problem. He then <br />suggested that the City consider banning Swift from any future development within the <br />City. <br /> <br />City Attorney Hoeft indicated that ban may not be the correct word but said that the City <br />can certainly take prior issues with a builder or developer into consideration when and if <br />that same developer is before the City for approval on future development. <br /> <br />Council Member Paar asked if there was enough reserve money to get the issues resolved <br />such as sweeping and cleaning up and getting the silt fencing installed. <br /> <br />Ms. Moore-Sykes indicated that those costs are the developers and he is required to <br />perform under the developer's agreement and sweep the streets within 24 hours of <br />notification. <br /> <br />Council Member Broussard Vickers asked how many times Swift has been notified to <br />sweep and how many times they have done so. Ms. Moore-Sykes indicated that she has <br />called them four or five times but is not sure what is done if public works is contacted <br />rather than her. <br /> <br />Council Member Capra indicated that the streets are. swept but not within the time frame <br />in the developer's agreement. _ She then asked if Mr. Gulner had copies of the surveys <br />submitted to the City because that was never on an agenda. <br /> <br />Mr. Gulner indicated that he has them on disk and is looking for them but said that maybe <br />60 of the 500 feet was close to 1 % the other half is negative grade and then it moves <br />drastically to a 3% grade. <br /> <br />Council Member Capra commented that Council agreed to pay to have the survey done <br />with regard to where the drainage easement was for that property and what she would <br /> <br />Page 9 of24 <br />