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IX. NEW BUSINESS <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 corn on the <br /> property. Mr. Wilharber indicated the corn 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 corn to be paid <br /> to W. Wilharber who will reimburse David Vickers. <br /> Mayor Wilharber abstained from comment on the matter. <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 /> �i IL jo <br /> Mr. Peterson indicated Bonestroo and the developer thtty 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 /> Council Member Broussard Vickers questioned if there will be access for the <br /> combine to enter the field to harvest the corn and City Engineer Peterson <br /> indicated there would be room. <br /> Motion by Council Member Sweeney, seconded by Council Member Nelson <br /> to have the City Engineer write a letter of apology 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 /> Mound Trail Overweight Permit Request <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 /> Page 16 of 22 <br />