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12/23/1985 Council Minutes
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12/23/1985 Council Minutes
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City Council
Council Document Type
Council Minutes
Meeting Date
12/23/1985
Council Meeting Type
Regular
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228 <br />COUNCIL MEETING <br />December 23, 1985 <br />Page Seven <br />Passed and adopted this 23rd. day of December, 1985 <br />�. <br />Marilyn d. Anderson, Clerk - Treasurer <br />C. Legal Action Regarding the Construction of Re ling Road. - <br />Mr. Toddie explained that during the course of the construc- <br />tion of Reiling Road the subcontractor apparently took the <br />tree removal debris and burried it on Mr. Ken Muehlstedt's <br />lot. During excavation for Mr. Muehlstedt's septic system, <br />the debris was found. Mr. Davidson has looked at the site <br />with the contractor and have repeatedly told the subcontrac- <br />tor that it is his responsibility to resolve this problem <br />with the homeowner. The subcontractor has not followed through <br />on this and therefore there is a threatened lawsuit. Mr. <br />Hawkins explained that he has been attempting to get the <br />subcontractor's insurance company to respond to this matter, <br />but has had little success. Mr. Hawkins has provided all <br />the information to Mr. Muehlstedt's attorney and asked him <br />to direct their action in that direction. If there is no <br />response from the insurance company, Mr. Hawkins assumes <br />the City will be named in a suit for damages. The City has <br />notified its own insurance company of possible action. The <br />City has a "hold harmless" clause in the contract with the <br />contractor for Reiling Road so if there is a lawsuit they <br />are required to defend us and to hold the City "harmless" <br />for any damages. <br />Mayor Benson asked that Mr. Hawkins keep a close watch on <br />this situation and be of help if need be. <br />D. Rice Creek Watershed District Evaluation of County Ditch <br />#22 - Mr. Toddie has spoken to Mr. Pete Willenbring, Engineer <br />for RCWD who said that the field review of this ditch has <br />been completed. One problem has arisen, several areas of <br />the ditch are located in areas which are not the dedicated <br />right of way. Mr. Wallenbring will discuss with the Board <br />of Managers on January 8, 1986 where RCWD will go from here. <br />Mr. Toddie has worked the drainage patterns for the 4th Avenue <br />project and they will work with the existing ditch. However, <br />the flow would be much better if the ditch were cleared. <br />He expects to have another report for the next Council meeting. <br />1 <br />1 <br />
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