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MINUTES <br />CITY COUNCIL <br />MARCH 23, 2011 <br />The property owner at 2410 Dianna Lane asked if the pavement will be <br />closer because it will be wider. The Engineer reported that the pavement <br />width will remain relatively the same. He indicated that with the addition <br />of concrete curb and gutter, it is necessary to lower the pavement so that <br />the boulevard areas will drain in. Given the steep grades on one side of <br />the street, the pavement has to be shifted to mitigate the impact of <br />towering the pavement. This property owner asked if the size of their <br />property is being reduced given the street will be five feet closer. The <br />Engineer noted that the street remains within the right -of -way. No private <br />property is being taken to accommodate the pavement location change. <br />Keis asked how much the street was being lowered. The Engineer <br />estimated a minimum of 6 inches. That could vary depending on what is <br />necessary to get yards to drain. <br />Montour asked if the City Engineer has met with those property owners <br />that will see the pavement closer to their property lines. The Engineer <br />indicated that he met with the owners of 2404 and 2410 Dianna Lane, but <br />not the owner of 2430 Dianna Lane. <br />Mrs. Desai, 2404 Dianna Lane, indicated that they were not happy about <br />the pavement shifting closer to their property. Montour asked if setbacks <br />would still be met. The Engineer pointed out that setbacks are not <br />impacted as property lines are not changing. Jack Desai, 2404 Dianna <br />Lane, indicated that the law is not clear on the issue of ownership of a <br />right -of -way easement. The City Administrator explained that Dianna <br />Lane right -of -way is not an easement. Under an easement, there is an <br />underlying fee ownership. Dianna Lane is right -of -way that has been <br />dedicated for the public's use and does not have an underlying fee <br />ownership by abutting property owners. The City Administrator explained <br />that in instances of vacation of right-of-way, ownership is transferred to <br />abutting property owners. He noted that as part of the platting process, the <br />Dianna Lane right -of -way was dedicated for public use. Desai indicated <br />that with a fee ownership comes the responsibility for maintenance and <br />liability. The City Administrator noted that if something happened within <br />the right-of-way due to the negligence of the City, the City would be <br />liable. <br />Property owners asked about tree impact. The City Engineer indicated <br />that he would check with the surveyor on tree impact, noting that there <br />may be a few trees within the right-of-way that will need to be removed. <br />The City Engineer indicated that the contractor will not be allowed to start <br />this project until the week of June 20th. The reason is that Dianna Lane <br />3 <br />