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<br /> MINUTES <br /> City Council <br /> (Cont.) <br /> <br /> May 14, 19II0 <br /> <br /> Molted Mr. Howard Molted of 2720 Noel Drive appeared before the Council to <br /> Property discuss Ditch #16, or Gervais Creek as Mr. Molted referred to it. <br /> Mr. Molted informed the Council that Ditch it16 is not a County ditch, <br /> but Gervais Creek, and it would tai<e an act of the Legislature to <br /> change this creek into a County ditch. Mr. Molted stated that he <br /> looked through 100 years of history and cannot find such a Legislative <br /> act. <br /> Mr. Molted also informed the Council that Statute 106471 which deals <br /> with the cleaning of County ditches states, "it shall be put back to the <br /> original size". Mr. Molted further informed Council that he has pictures <br /> of the ditch which he suggested that the Council or City Attorney <br /> should review in this regards. <br /> Mr. Molted also researched Statute 106251 which deals with the compensation <br /> for damages on County ditches. <br /> Mr. Molted suggested that the Council settle the matter of this ditch <br /> with him, otherwise there will be a lawsuit on the matter. <br /> The City Engineer informed Mr. Mosted that the County map shows this <br /> ditch as County ditch X16. All work that has been done on the ditch <br /> was done by Ramsey County. Mr. Mosted stated that this was true that <br /> Ramsey County did the work, however, the City paid for it. <br /> Councilman Fahey suggested that the City Attorney research Mr: Mosted's <br /> comments and report his findings back to the Council. <br /> Mr. Mosted also stated that legally snowmobiles are not allowed on his <br /> property and they should not be using the ditch. Molted informed the <br /> Council that this is a man-made ditch and snowmobiles have no right-of- <br /> way on the ditch. Mr. Mosted also referred to a remark that he stated <br /> Mr. Fahey made at a previous Council meeting that snowmobiles were <br /> allowed in the water and ice area of the ditch. <br /> Mr. Molted informed Council that the widest part of the ditch used to <br /> be three or four feet wide and in spots the ditch could be driven across. <br /> Mr. Molted also stated that the Council has cut off his north property <br /> from his south property. Molted stated that this has been going on <br /> since 1972, and if it went to a court settlement, the interest on that <br /> settlement could be great. <br /> Molted stated that he wants the Council to purchase a 40 foot easement <br /> from him for this ditch.. The price of the easement would be .$3.00 per <br /> square foot as the Council paid Mr. Frattalone and Mr. Jesperson. <br /> Councilman Fahey asked the Attorney to research this matter.. Fahey <br /> stated he would also like to know the impact of the situation <br /> as it began in 1972. <br /> Page -4- <br /> <br />