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Regular City Council Meeting Monday, June 30, 2008 Page 7 b. Approve Midland Hills Fulham Street Right-of--Way Encroachment Agree- ment (former Consent Item 7.f) At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed the item. Councilmember Ihlan noted inconsistencies in the indemnification language be- tween the staff memorandum (page 1, line 26) and the agreement itself and ques- tioned if the City was adequately protected from liability with the proposed agreement language. City Attorney Joe Langel was consulted, and advised that the agreement appeared to only address the current fence project. Mayor Klausing concurred with Councilmember Ihlan that the agreement lan- guage needed to be clarified and thanked Councilmember Ihlan for her due dili- gence. Public Works Director Duane Schwartz advised that staff could have City Attor- ney Squires review the agreement and add an additional clause. Councilmember Roe also noted that in the agreement (paragraph 3, 5th line from the bottom), that the language needed to be revised to indicate that that the City was accessing the right-of--way, not easement. It was Council consensus that staff and the City Attorney review and revise the document and return the item for future City Council action. 9. General Ordinances for Adoption 10. Presentations a. Joint Meeting with Public Works, Environment and Transportation Com- mission (PWETC) Mayor Klausing welcomed Commissioners. Four members of the PWETC were present: Chair Jim DeBenedet; Ernie Wallenbring; Dwayne Stenland; and Jan Vanderwall. Chair DeBenedet noted the recent resignation of Chair Randy Neprash. The PWETC provided areas for discussion, including the City's infrastructure in- vestment, the aging of and funding for its replacement; the role of the PWETC in the governing structure and future topics of study or research for the Commission; and allocation of staff time and their role with the Commission's research and study.