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<br /> MINUTES <br /> City Council <br /> (Cont.) <br /> April 9, 19II0 <br /> Parks stated that the Council could demand the hold harmless and <br /> the bond, however, Mr. Flammond feels this is unfair if the insurance <br /> company provides this same coverage. <br /> Councilwoman Scalze stated that if the insurance company wouldn't <br /> pay a claim, the City would be sued. With the hold harmless ayreement, <br /> the City would avoid this. <br /> Mrs. Reed, Mr. Hammond's daughter, stated that it may not be necessary <br /> to drive pilings to construct the house. The engineer is considering <br /> a floating slab. <br /> Councilman Nadeau asked the status for the cleaning of the ditch. <br /> Engineer Carley stated that he is presently drawing up the plans for <br /> this. Nirs. Scalze stated that Mr. Soldow is requesting that no filling <br /> be done until the ditch is cleaned out. The Engineer recommended that <br /> the filling be done first, and then the ditch be cleaned out. <br /> Councilman Fahey stated that the City Attorney should get back to P4r. <br /> Layton and inform him that the Council's motion still stands, but the <br /> City might be receptive to substituting insurance coverage. Fahey also <br /> stated that the City Attorney should be kept informed as to what is yoing <br /> on. Fahey also stated that filling couldn't begin until road restrictions <br /> are removed. <br /> Mayor Hanson advised the Attorney to keep the Council informed on this <br /> matter. <br /> Molted Attorney Parks informed the Council that he received a call from Mr. <br /> Matter Daubney, Mr. Mosted's attorney. Mr. Molted is seeking compensation from the <br /> City for the ditch going through his property. Mr. Molted states that <br /> the ditch is not within the easement. <br /> Parks informed the Council that there is an easement through the Molted <br /> property for sanitary sewer. There is no easement for the ditch. <br /> Parks stated that the City did not need an easement for the ditch as <br /> this is a county ditch. The City wanted an easement when it cleaned <br /> the ditch and did receive easements from some property owners involved. <br /> The only reason the City got easements from some of the property owners <br /> was because the City felt it was better public relations. <br /> Parks stated that the City did not change the ditch. The ditch is only <br /> bigger now than it was. The City did create a holding pond, but Mr. <br /> Molted was paid for that. <br /> The City Engineer stated that it is true that you do not need an easement <br /> to work on a County ditch. Also a county ditch never has any width to <br /> it. All that is ever described is the center line of a ditch. The <br /> width of these ditches changes all the time due to rainfall, etc. <br /> Mr. Parks stated that he will write and phone Mr. Daubney and explain <br /> the situation. Parks felt that this should resolve the matter. <br /> Page -8- <br /> <br />