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<br />IX. NEW BUSINESS <br /> <br />Encroachment onto the Wilharber Estate by the Contractor Without Permission. <br /> <br />Tom Wilharber, 6849 Centerville Road, addressed the Council and explained on <br />September 1,2000 he discovered the contractor had encroached onto his mother's <br />property to install the sewer and water pipes for the Hunter's Crossing <br />Development and had taken out an area about 75 x 30 feet of field com on the <br />property. Mr. Wilharber indicated the com belongs to David Vickers, 6756 <br />Centerville Road, as he is renting the property from the Wilharber estate. Mr. <br />Wilharber indicated the Wilharber Estate is not interested in providing an <br />easement to the City for their sewer and water lines. He then stated the Wilharber <br />Estate is requesting the City and the engineer on the project write a letter <br />admitting to the error and include payment for the loss of the field com to be paid <br />to W. Wilharber who will reimburse David Vickers. <br /> <br />Mayor Wilharber abstained from comment on the matter. <br /> <br />Council Member Travis asked the City Engineer how the contractor ended up on <br />the Mayor's property. Mr. Peterson accepted responsibility for the mistake and <br />said it was a small area on a big job that accidentally slipped through the cracks <br />and indicated if there was a need for an easement a proper request should have <br />been made to the property owner. He apologized to the Mayor for not catching <br />the error previously. <br /> <br />Mr. Peterson indicated Bonestroo and the developer they what is necessary to <br />restore the area to its original condition. They will put up silt fencing to prevent <br />erosion and make sure the grade matches. He indicated the property does tip to <br />the north and what ever water does run off will go through silt fence and drain <br />away from the property. <br /> <br />Council Member Broussard Vickers questioned if there will be access for the <br />combine to enter the field to harvest the com and City Engineer Peterson <br />indicated there would be room. <br /> <br />Motion by Council Member Sweeney. seconded by Council Member Nelson <br />to have the City Engineer write a letter of apoloey to the Wilharber Estate <br />and reimburse W. Wilharber in the amount of $10 for the loss of the field <br />corn. Motion carried. (Mayor Wilharber and Council Member Broussard <br />Vickers abstained). <br /> <br />Mound Trail Overweight Permit Request <br /> <br />The City Engineer indicated there should be no problem with allowing an <br />overweight concrete truck access to the development to pour footings and a <br />foundation as this is a perfect time of the year and should not harm the road. <br /> <br />Page 16 of22 <br />