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Council Meeting Minutes January 26, 1988 I of flow and volume as it moves eastward to the natural pond; and indicated the 60-100,000 gallons of water are not being accounted for. Vacca continued that if the (RCWD) says it should be a certain way, it is someone's responsibility to accommodate them; asked council to not endanger the taxpayers that are already there; and explained this is not a neighborhood problem but a problem that no one is doing anything about. Benke understands the discussion was hung up on what the appropri- ate solution would be and thought we were moving toward a resolu- tion; Proper also fclt the city was moving in that direction. Benke there plat place pened stated Vacca's points were well taken and we can expect will be some resolution of the drainage issue prior to final approval to insure this problem is resolved; and have in the requisite enforcement procedures to make sure what hap- in the past does not happen again. I Williams restated the problem: someone is filling in a part of the retention pond so now there isn't enough capacity in the ponu so there is likely to be, in Vacca's opinion, an overflow that would endanger his property. Vacca indicated there is a drainage orifice from 12th Street to the back where there is no ponding area because of elevation and permission was granted by someone to allow houses to be built. Williams indicated the problem then is that there is no retention pond at all. Vacca stated the issue is left for the neighbors to resolve and indicated the area is landlocked making it difficult to resolve. Proper, in his opinion, believes there is no problem with the drainage or with the ponding area; and views it as an aesthetic problem because too much fill was placed in a yard and now there is an abrupt slope from the neighbor's property to Vacca's yard. Proper continued that putting it back to the drainage plan will not change the flowage of the water, although it will slightly in- crease the capacity; total storage of the pond is based on total development of the entire area so it is not likely there is a tim- ing problem getting the fill removed; stated the ponding area goes entirely behind Vacca's property which is not a part of the ponding area; and .that is the way it was designed to work and it is working to avoid flooding and erosion downstream. I Because of differences of opinion that have been carried on too long, Benke suggested perhaps the Resolution Dispute Center could help bring this to a conclusion. Briggs recognizes there are problems and differences of opinions; asked his engineers to contact E. A. Hickok & Associates (the en- Page 6