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FooK 41 PAGF 221 <br />JUL 18 1979 <br />COMMISSIONER LYONS NOTED THAT ABOUT TWO YEARS AGO CITY <br />COUNCIL AUTHORIZED CITY MANAGER LITTLE TO LOOK FOR ADDITIONAL WELL SITES, <br />AND HE ADVOCATED THAT THE BOARD CONTINUE TO PURSUE THIS PROPOSAL WITH <br />THE CITY AND WORK OUT THE PROBLEMS AS WE GO. <br />DISCUSSION CONTINUED, AND IT WAS EMPHASIZED THAT A WAY TO <br />ADDRESS THE SEWER ALLOCATION IS OF MAJOR IMPORTANCE. MR. LEUTHJE STATED <br />THAT HIS CLIENT IS WILLING TO WORK WITH THE COUNTY IN ANY WAY AND WOULD <br />BE WILLING TO PHASE THE ALLOCATION IF THE COUNTY WILL HAVE A SYSTEM IN <br />THREE OR FOUR YEARS. <br />MR. BEINDORF CONCLUDED THE DISCUSSION BY REQUESTING THAT THE <br />BOARD GIVE THE ENGINEERS A RECOMMENDATION AS TO WHERE THEY STAND ON <br />WATER AND SEWER ALLOCATIONS. <br />COMMISSIONER SIEBERT BROUGHT UP THE MATTER OF DRAINAGE DITCHES <br />IN OLD SUBDIVISIONS AND DREW A PICTURE ON THE CHALKBOARD TO DEMONSTRATE <br />WHAT HAS ARISEN IN THESE SUBDIVISIONS WHICH WERE PLATTED YEARS AGO. HE <br />EXPLAINED THAT A 10' EASEMENT FOR DRAINAGE WAS PLATTED ON THE REAR LOT <br />LINES; THE PLATS WERE PUT ON RECORD, AND THEY WERE ACCEPTED BY THE <br />COUNTY FOR MAINTENANCE. APPARENTLY THE COUNTY AT THAT TIME DID NOT <br />INVESTIGATE PRIOR TO MAKING THE ACCEPTANCE, AND IT NOW APPEARS THAT <br />THE DRAINAGE WAS PUT IN GOING AROUND TREES ON PRIVATE PROPERTY AND <br />OVER THE YEARS THE PROPERTY OWNERS HAVE FILLED THE DRAINAGE EASEMENTS <br />AND PUT IN TREES AND PLANTINGS WHICH HAVE GROWN UP IN THESE EASEMENTS. <br />COMMISSIONER SIEBERT WISHED TO KNOW, SINCE THE COUNTY ACCEPTED THE SUB- <br />DIVISIONS FOR MAINTENANCE, WHETHER THE COUNTY HAS THE OBLIGATION TO <br />OPEN AND REDO THIS EASEMENT TO PROVIDE ADEQUATE DRAINAGE. HE FELT THAT <br />THE BOARD SHOULD MAKE A POLICY DECISION ON THIS MATTER. <br />CHAIRMAN WODTKE DID NOT KNOW WHETHER WE HAVE LEGAL GROUND <br />TO STAND ON, BUT IT WAS HIS OPINION THAT THE COUNTY ONLY ACCEPTED THE <br />RIGHT-OF-WAY FOR MAINTENANCE, NOT FOR INSTALLATION OF THE DRAINAGE. <br />HE POINTED OUT THAT THE COUNTY ACCEPTED IT TO -BE AS PLATTED, AND IF IT <br />WAS NEVER INSTALLED, HE FELT IT WAS NEVER ACCEPTED. <br />ATTORNEY BROWN FELT THERE WAS A ZERO POSSIBILITY OF GETTING - <br />THE DEVELOPER TO GO BACK AND DO THE DRAINAGE AS PLATTED. <br />� ® r <br />