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<br />was laid in two separate loads of concrete and indicated this is not acceptable. <br />Ms. Sary indicated she just received her air conditioner this week, after her first <br />one blew up and started a fire. <br /> <br />Ms. Sary noted the contractor does below standard work and should not be <br />approved for any future work within this City. She indicated she has had to have <br />two tires replaced because of the debris left in her yard and driveway. Ms. Sary <br />explained she was sending a letter of complaint to the Department of Commerce <br />and encouraged all other residents to do the same. She indicated she paid a great <br />deal of money for this unit and the contracting was extremely poor. <br /> <br />Council Member Capra asked who holds the escrow for the stoup, driveway, yard <br />and downspouts. Mr. March indicated the only escrow held by the City was a sod <br />escrow. <br /> <br />Mayor Swedberg questioned if the City could do inspections ofthese contractors <br />that work within the City. Mr. Hoeft noted many of the concerns by Ms. Sary are <br />not between the City and the homeowner, but between the homeowner and the <br />contractor. He cautioned the Council at getting involved in these issues. <br /> <br />Mayor Swedberg asked if the City could certify certain contractors or builders for <br />future developments within the City. He stated he is questioning the quality of <br />the workmanship within this development. Mr. Hoeft indicated the City does not <br />have control over that at this time. He stated he feels this is an issue between the <br />homeowner and the developer. Mr. Hoeft explained the City does not have <br />anything in place, at this time, to protect the homeowners. <br /> <br />Mayor Swedberg asked ifthere was a warranty for each home within the <br />association. Mr. Hoeft indicated there was a warranty on the homes, and <br />indicated the homeowners must understand who to address the complaints with. <br /> <br />Council Member Broussard Vickers asked if the City could deny building permits <br />based on poor contractors. Mr. Hoeft stated the City is not going to get into <br />quality control at this time or in the future. <br /> <br />Mayor Swedberg questioned why the City would go down this same path with a <br />poor builder if the City has had concerns with a developer in the past. Mr. Hoeft <br />indicated his obligation to the City is to inform the Council of what they can and <br />cannot enforce within the Developer's Agreement. He noted as long as things are <br />passing inspection at a City level, the City officials are not allowed to step in. Mr. <br />Hoeft explained this would then become an issue between the homeowner and the <br />builder. <br /> <br />Mayor Swedberg asked if the City could assume a quality control role. Mr. Hoeft <br />noted there are issues with assuming this role that would be difficult for the City <br />to assume. He indicated in lieu ofthis role, the City could raise escrows or add <br />additional stipulations within the Developer's Agreement to greater control the <br />quality of the workmanship. <br /> <br />4 of 11 <br />