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<br />Councilmember Dehen stated that he doesn't want to use public money to make a road for one <br />person. He asked if there would be liability issues with the Minimum Maintenance Road <br />designation. <br /> <br />City Attorney Goodrich stated that this is why it will be posted Minimum Maintenance and the <br />City is also asking Mr. Bauer to sign a hold harmless agreement. He stated the hold harmless <br />agreement basically states that, if Mr. Bauer or one of his guests at his home is injured on the <br />road, would hold the City harmless from any liability related to the maintenance of the roadway. <br /> <br />Councilmember Olson stated that she doesn't like the idea of spending City money to plow a <br />private driveway, but also doesn't like the idea of a citizen maintaining a City street, particularly <br />when there has been so much controversy surrounding this situation. <br /> <br />Councilmember Strommen asked what would happen if Mr. Bauer no longer owned the <br />property. She stated that this doesn't seem to be a long term solution and thinks the City will, at <br />some point, have to "bite the bullet" and accept responsibility for this street. <br /> <br />City Attorney Goodrich stated that the City will conduct annual inspections and if it comes to the <br />City's attention that the road is not being properly maintained, the City could consider taking it <br />back as a street. <br /> <br />Public Works Director Olson stated that the City has been working hard to encourage the paving <br />of dirt streets and if the Council wants to take on maintenance responsibilities, he feels this needs <br />to go back to the drawing board for another solution. He stated that their thinking with this issue <br />is that if someone buying this property is not willing to take on the maintenance duties, they <br />probably won't buy the house. He reiterated that it will be posted as a Minimum Maintenance <br />road. <br /> <br />Councilmember Dehen stated that he just doesn't think it is a good use of public money to <br />construct this to City standards for, basically, a one person road. <br /> <br />Councilmember Elvig noted that when this property was originally put together, there was a <br />ghost plat for a road to continue through to Variolite, so there could be a long term plan for a <br />roadway connection through the property. <br /> <br />Councilmember Jeffrey asked if there was any issue about who actually owns the property. <br /> <br />City Attorney Goodrich stated that the City owns the property, but anyone can drive their vehicle <br />down the road, with the understanding that this is a Minimum Maintenance road. He stated that <br />the neighboring property owners were present, if the Council would like to have them comment. <br /> <br />. Francis Kaas, 7155 - 160th Lane, stated that he heard that the City would have Mr. Bauer sign a <br />waiver that if any of his guests were injured on the road that he wouldn't sue the City. He asked <br />what would happen if someone else was hurt because of the lack of maintenance on the road. <br /> <br />City Council / July 22, 2008 <br />Page 14 of23 <br />