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MIHDTBS OF TBB PLJUnUKG COMMISSIOH !TIW3 BBLD JAHOART 27, 1988 <br />11234 JOHM & LTMH DOOGAH <br />2785 mUTB OAK CIRCLE <br />RBEBMAL COTOITIOBAL OSB PBRHIT <br />PUBLIC HBARIK 7i07-7:21 <br />The Affidavit of Publication and Certificate of Mailing <br />were noted. <br />John i Lynn Dbugan were present for thi« matter. <br />Mabusth explained .the request for renewal of a <br />conditional use permit approved in 1986 to excavate a <br />retention pond for flood control purposes. <br />Cohen questioned the purpose of executing a hold <br />haruless agreement. <br />Mabusth explained that the purpose of the hold harmless <br />agreement is to protect any rights the City has to the <br />underlying easements area of the roadway because the <br />excavated pond will be partially within the unused <br />portion of the road right-of-way. <br />Cohen felt that in conjunction with requiring a <br />permanent hold harmless agreement, proof of liability <br />insurance also be required. <br />Mr. Dougan stated that he did not intend to excavate <br />anywhere near the road and that the culvert would not be <br />changed or altered. He also explained the history of <br />the drainage problems which did not occur last year. He <br />would prefer not to have the drainage pond, however, is <br />keeping his option open based on the upcoming spring <br />conditions. <br />Johnson felt this <br />improvement . <br />was a public or neighborhood <br />Mabusth explained that if this was the case, the <br />Dougan's and other affected property owners would <br />have to petition for a public improvement. <br />It was moved by Cohen, seconded by Bellows, to <br />recommend approval per staff recommendation and subject <br />to executing a permanent hold harmless agreement <br />including proof of liability insurance. Motion, Ayes 6, <br />Nays 0.i