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MINUTES <br />CITY COUNCIL <br />JUNE 11, 1991 <br />south of Allen Avenue. <br />Cylkowski felt that nothing had been accomplished by <br />this improvement hearing, noting that the Engineer's <br />recommendation is the same as he made at the <br />neighborhood meetings. <br />The City Engineer pointed out that at the neighborhood <br />meetings, the City did not have the survey information. <br />That information is the basis for determining the <br />effect of the various improvements. The Engineer <br />pointed out that if the improvement is ordered, the <br />City will then have an assessment hearing at which time <br />it will determine how the project will be paid for. <br />Jon Lensing, 3040 Ontario, did not feel his property <br />should be involved in the project, indicating that if <br />his neighbor's culvert had been put in correctly, the <br />water would be flowing. Lensing suggested that the <br />contractor who did the work incorrectly should bear the <br />cost of replacing the culvert. <br />Scalze pointed out that the City only has the ability <br />to assess property owners. <br />Cylkowski commented that if the City's Inspector <br />approved the placement of the culvert, and it was <br />installed incorrectly. Therefore, the responsibility <br />for the cost of replacement should not be the property <br />owner's, contractor's or developer's. <br />The City Engineer pointed out that the City's previous <br />administration allowed installation of the culvert, but <br />indicated that the culvert would be the responsibility <br />of the property owner. That culvert was installed <br />incorrectly, and the City now has to take the matter <br />from here. <br />The City Administrator pointed out that because the <br />City Inspector signs off on an installation such as <br />this, other parties are not relieved of liability. The <br />Administrator pointed out that from a legal standpoint <br />the chances are not good that the City would be <br />successful in requiring the contractor to correct the <br />culvert. It would be likely that trying to get the <br />contractor to make these corrections would be more <br />costly than the project itself. The Administrator <br />stated that, therefore, it is best for the City to deal <br />with and resolve the matter as is proposed. <br />Barb Hanna, 2978 Valento Lane, reported that her home <br />is three lots south of Allen, and there is so much <br />Page 12 <br />