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<br />advice on their legal options. He then indicated that the certificate of occupancy has <br />nothing to do with the grade of the property. <br /> <br />Council Member Capra asked whether it was possible for Staff to go out and check the <br />grade on the newly constructed homes before the sod is installed. <br /> <br />Council Member Paar asked if the City could use the money it has to get the silt fencing <br />and the street swept and use whatever is left to force the developer to fix the grading <br />where Mr. Gulner is to help the water flow down to that pond. <br /> <br />City Attorney Hoeft indicated that he does not know how much money there is in escrow <br />but said the City could use it to complete work outlined in the developer's agreement. He <br />then cautioned that it may make more sense to lean on the developer to bring those items <br />into compliance with the agreement and save the escrow funds for other larger items <br />should the need arise. He then said that the City could not use the escrow funds to solve <br />the drainage issues. <br /> <br />Council Member Capra asked if it is possible to have Mr. Halstrom, Mr. Quigley and a <br />representative from Swift meet with City Staff to discuss the issues in an attempt to <br />resolve them. <br /> <br />Mr. Halstrom indicated that the Association is willing to discuss the matter with anyone <br />who will listen but cautioned they have not yet received any attention from Swift except <br />when a lawyer is used. <br /> <br />Council Member Capra indicated that she believes there are issues that Council should <br />discuss with Staff on the developer's agreement. She then indicated that the City does <br />not plow private roads and it would be the responsibility of the Association to have that <br />road plowed. <br /> <br />City Attorney Hoeft indicated that the issues with the developer's agreement would be <br />handled by Staff and then said that the drainage issues are more complex and Council <br />would need to determine how much time and money they would like to spend on solving <br />the matter for the residents. He then said that it would be his recommendation that the <br />City stay out of the civil drainage issues and tell the homeowners it is a private matter <br />between them and their builder but that is only a recommendation and Council could <br />choose to do otherwise. <br /> <br />City Attorney Hoeft commented that no one wants to pay an attorney to deal with <br />anybody until they have a problem and it would have been a lot less expensive for some <br />of the residents to pay someone who does know what the process is before they signed a <br />purchase agreement to get into this situation and now they are looking for some way to <br />resolve it. He then said that there are issues but the problem is the City in this situation is <br />not in a position to address the elevation issues. The City can address the current <br />construction issues with the developer's agreement but the elevation issues the City <br />cannot resolve. <br /> <br />Page 11 of24 <br />