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MINUTES <br />CITY COUNCIL <br />JULY 10, 1991 <br />The City Administrator replied that an easement is not <br />City property, but fee-owned by the property owner. <br />Therefore, the Administrator felt the property owner <br />was responsible for cleaning up tree damaqe. The <br />Administrator reported that he is aware that some <br />cities consider the property owner responsible for <br />maintenance of trees located on abutting boulevards. <br />Mr. Blesener introduced the following resolution and <br />moved its adoption: <br />RESOLUTION N0. 91-7-223 - ORDERING THE IMPROVEMENT OF <br />THUNDER BAY AREA DRAINAGE DITCH FOR AREA D TO BE BID <br />WITH ALTERNATES AS RECOMMENDED BY THE CITY ENGINEER, <br />AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, <br />WITA STAFF TO MEET WITA THE EFFECTED PROPERTY OWNERS <br />AND AUTHORIZE ONE OF THE OPTIONS BASED ON THE AGREEMENT <br />OF THE PROPERTY OWNERS AND DEDICATION OF NECESSARY <br />EASEMENTS AT NO COST TO THE CITY IF EITHER OPTIONS A OR <br />B IS CHOSEN BY TAE PROPERTY OWNERS <br />The foregoing resolution was duly seconded by Scalze. <br />Ayes (4) Blesener, Scalze, Collova, Hanson. <br />Nays (0). <br />Resolution declared adopted. <br />The City Engineer stated that he anticipated having <br />bids received by August 9th. <br />Rude asked if landscaping is disturbed in his yard as <br />the result of the drainage improvement, if the City <br />will replace it to its present condition. <br />The City Engineer replied that the City will attempt to <br />work around yard improvements wherever possible, <br />otherwise the improvement will be removed, protected <br />and replaced. The Engineer stated that in looking at <br />the area he did not see anything that could not be <br />worked around. <br />Rude stated that he would like a guarantee to this <br />effect. <br />The Engineer replied that he could not give a specific <br />guarantee, but again assured Rude that the City will <br />either work around or restore properties to their <br />present condition. An inspection of affected <br />properties will be made in an attempt to identify any <br />areas where complete restoration of existing yard areas <br />is not possible. Where this exists, the affected <br />owners will be informed. <br />Rocky Waite asked why the City would participate in the <br />cost of this improvement at all. Waite was concerned <br />that the area was not laid out properly to begin with <br />and suggested whoever engineered the area should be <br />responsible for the cost of the drainage improvement. <br />Page 9 <br />