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City Council meeting of December 3, 199 <br />Page 6 <br />ago when he was serving on the Planninq Commission. Apparently, the <br />City's consultants recommended an underground storm sewer system which <br />would have served the subdivision by draining the water to the north, and <br />the City accepted the ditch proposal by Mr. Peloquin as an alternate <br />solution to the storm drainage problem. At the time this work was <br />performed by A €< B Construction, it was the City staff's understanding <br />that this ditch had been cleaned by the City previously. The bill in <br />question, however, involved work supposedly done somewhere on Mr. <br />Peloquin's property, in the vicinity of Geneva Avenue, in September, 1990 <br />without City authorization. <br />Mr. Peloquin addressed the Council and stated that he did not want to <br />discuss the matter this evening as he was in ill health, and stated that <br />Mr. Dave Schwartz, his son-in-law, would speak: on his behalf. Mayor <br />George Atkinson stated that he had some questions that needed to be asked <br />directly of Mr. Peloquin and proceeded. Mayor Atkinson asked Mr. Peloquin <br />if he received authorization from any public official to perform the <br />alleged wore on his property. Mr. Peloquin stated that he got the OJ:'. <br />from City Administrator, Een Huber, and Councilman, Mike McAllister. <br />Mayor Atkinson then inquired of Councilman McAllister and Administrator <br />Huber as to whether they gave authorization to perform this work. Both <br />individuals responded in the negative. Mayor Atkinson then inquired as to <br />whether or not Mr. Peloquin made a commitment allowing the City to use <br />this ditch for storm sewer purposes when he subdivided his property on <br />Geneva Avenue and 148th Street a number of years ago. Mr. Dave Schwartz, <br />speaking for Mr. Peloquin, responded in the negative. Mayor Atkinson ther <br />inquired as to why the $1.�0 bill submitted to the Council was increased by <br />$50 from the original bill submitted to the City. Mr. Peloquin stated <br />that he obtained cost estimates from private contractors as to what they <br />would charge to perform the word:, and raised his bill accordingly. Mr. <br />Dave Schwartz then stated that Administrator Huber told him that there was <br />an easement in this area, and there has never been an easement over the <br />ditch in question. Councilman McAllister addressed the Council and stated <br />that this is the fourth time he has gone in and cleaned the ditch in <br />question, and Mr. Peloquin has never objected on previous occasions. Mr. <br />McAllister stated that he served on the Planning Commission when Mr. <br />Peloquin proposed a subdivision in this area, and in lieu of installing in <br />an underground storm sewer system to drain the subdivision to the south, <br />the Council accepted the commitment from Mr. Peloquin to use the ditch in <br />question as an alternate storm sewer solution. Mr. McAllister stated that <br />he would not vote to approve the bill in question, as it was not <br />authorized, and he does not feel it is a legal bill; however, he would <br />support Council action to secure an easement over this ditch or to <br />consider a permanent solution to this storm water drainage problem in this <br />area. Mr. Fran Miron, Councilman -elect, addressed the Council, and stated <br />that he felt a lot of time was being wasted on this issue, and time could <br />be better -spent working out solutions to the problem. He stated that <br />because individuals are unwilling to make apologies and pay this bill, <br />some hard feelings have been created. Mr. Dave Schwartz addressed the <br />Council and stated there were no formal easements or agreements that the <br />City has regarding the use of this ditch for storm sewer purposes, and <br />going on Mr. Peloquin's property was essentially trespassing. Councilman <br />McAllister inquired of Mr. Peloquin if it was his intent to deny the City <br />