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<br />... ..... <br /> <br />If Council wishes to approve the appeal to allow Mr. Hartinger to keep the <br />existing retaining wall and fill in the ponding basin, I would recommend that Council <br />consider the following options: <br />1. Require Mr. Hartinger to work with the designer of the development's grading <br />plan to modify the plan and require Mr. Hartinger to excavate material from the <br />City's property on the north side of the pond to replace the storage volume lost <br />through the construction ofthe retaining wall and fill, or <br /> <br />2. Require Mr. Hartinger to enter into an agreement with the City that would be <br />recorded against his property. Under this agreement, Mr. Hartinger would <br />indemnify the City from any claims resulting from the modification of the <br />ponding basin. <br /> <br />3. The Council minutes should reflect that Mr. Hartinger's request represents a <br />unique situation that does not set a precedent to be followed that will permit other <br />property owners to place fill within ponding basin easements. <br />