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<br /> MINUTES <br /> CITY COUNCIL <br /> October 8, 1980 <br /> Councilman DeBace pointed out that there is another large easement that <br /> will provide access to the ponding areas near Gervais. <br /> Mrs. Sca1ze asked if the Watershed District has made any requirements of <br /> Mr. Theis. Mrs. Nardini stated that the Watershed has directed him to <br /> remove the fill on his property. <br /> Councilman Fahey stated that he would like to make it clear that the <br /> Council is not approving any development on this lot. Council is only <br /> approving the easement back to the property and legally they do not have <br /> to approve it. <br /> Mr. DeBace introduced the following resolution and moved its adoption: <br /> RESOLUTION NO. 80-10-388 - APPROVING THE EASEMENT FOR ROAD <br /> PURPOSES FOR THE 1.11 ACRES WITH THE CONDITION THAT THIS <br /> EASEMENT IS A PRIVATE EASEMENT ONLY <br /> The foregoing resolution was duly seconded by Mr. Nadeau. <br /> Ayes (5) DeBace, Nadeau, Scalze, Fahey, Hanson. <br /> Noyes (0 <br /> Resolution declared adopted. <br /> This resolution appears in Resolution Book No. 6, Page 253. <br /> Mayor Hanson stated that no further action was necessary on the Theis <br /> land fill permit. The Council granted him permission for the filling <br /> contingent upon the permission of the 4atershed District. <br /> Myers Councilman DeBace stated that the City bought some of the Myers Frattalone <br /> Frattalone property for an easement. In payment for this he received consideration <br /> Claim which included the topsoil that would be removed. The contractor was <br /> removing the topsoil, but did not give it to Mr. Frattalone. When this <br /> was pointed out to the contractor, he brought in some soil and gave it <br /> to Mr. Frattalone. When Mr. Frattalone was moving the soil with his <br /> tractor he hit a piece of culvert that was buried in the material and <br /> damaged his tractor ti re to the extent of $136.30. Mr. Frattalone has <br /> now submitted this claim to the City. <br /> The City Attorney stated that the City should not be involved. The claim <br /> should be submitted to the contractor as he is responsible. <br /> Councilman Fahey suggested that the contractor be paid and deduct the amount <br /> of the Frattalone claim from the payment. <br /> Councilman DeBace suggested that the contractor determine how the Frattalone <br /> claim be handled as he may want to submit it to his insurance company. <br /> Mr. DeBace introduced the following resolution and moved its adoption: <br /> RESOLUTION N0. 80-10-389 - INSTRUCTING TFIAT THE MYERS <br /> FRATTALONE CLAIM BE REFERRED TO TFIE CONTRACTOR FOR PAYMENT <br /> BY WHATEVER AGREEP+IENT TFIE ENGIPIEER AND THE CONTRACTOR COME TO <br /> Page 10- <br /> <br />