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• property adjacent to the ponds. At least one of the retaining walls has been constructed lower <br />than ,the pond liner elevation aiid fragments of pond liner material adjacent to the retaining wall <br />were found. There were also some monuments that have been pounded through the liner. The <br />City has also been monitoring the elevation of the pond and, as of yesterday, it was at 856.7 feet, <br />which means there is less than 2 feet of water in the pond. The City. Attorney feels that the <br />escrow funds were earmarked for inspection purposes only, so he does not feel the City can use <br />the remaining funds to correct the leaking problems, because the City has already accepted the <br />pond. The developer has been in contact with the resideiZts and has indicated an interest in doing <br />something to remedy the situation. <br />COMMITTEE INPUT <br />Reviewed by: <br />City Administrator: <br />Public Works Director/Principal City Engineer <br />City Engineer <br />CC: 12/11/07 <br />• <br />• <br />-165- <br />