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109 CITY COUNCIL MEETING MINUTES 110 SEPTEMBER 14, 1994 111 PAGE THREE 112 113 the Dornseif property. Mayor Buckbee noted Mr. Dornseif 114 expressed concern regarding the amount of trees removed and that 115 some trees were covered with mud and may have been deposited on 116 private property. 117 118 Mr. Nyberg explained it was his understanding that the Peltier 119 Lake Drive culvert work was designed to be done using the 120 existing street right-of-way. Mr. Nyberg noted the trees were 121 removed to get the equipment down into the creek to do the work. 122 Had it been known the work would not have been able to be done 123 within the street right-of-way, a waiver of trespass should have 124 been obtained. 125 126 Mayor Buckbee stated he supports Mr. Dornseif, it appears the 127 Contractor marched in on their property and took valued trees. 128 The City should investigate and decide what to do. Mayor Buckbee 129 expressed, in his opinion, the City may have been negligent. 130 131 Bill Dornseif, 1783 Peltier Lake Drive, was present. Mr. 132 Dornseif noted he did not have a problem with the work until the 133 trees were removed. Mr. Dornseif noted he spoke with the 134 Contractor regarding the trees and asked why the trees needed to 135 be removed. Mr. Dornseif noted the Contractor told him they were 136 only "scrub trees". Mr. Dornseif expressed the trees were not 137 scrub trees in his opinion. He has spent many years and hours 138 turning the area into a "neighborhood park" for the children. 139 Mr. Dornseif also noted he is very concerned regarding the trees 140 buried in the mud by the bob cat. 141 142 Mr. Nyberg noted he will meet with Al Salo, MSA Project 143 Inspector, regarding the trees buried in the creek. Mr. Nyberg 144 noted this type of workmanship is totally unacceptable. Mr. 145 Nyberg also noted that if the trees were removed without checking 146 with project inspector, the contractor may be in violation of 147 his contract and would be responsible for compensation. 148 149 Complaints Flood Plain Improvements - 7251 Clearwater Drive. 150 The City Council reviewed a letter dated August 31, 1994 from 151 Hatem Qamhieh, 7251 Clearwater Drive, regarding the Clearwater 152 Creek improvement on County Road 14 and Peltier Lake Drive. A 153 copy of this letter is attached to and made a part of these 154 minutes. 155 156 Dave Nyberg, MSA Consulting Engineers, was present. Mr. Nyberg 157 noted he met with Mr. Qamhieh approximately two weeks ago. Mr. 158 Nyberg noted Mr. Qamhieh's property is located on the south side 159 of Peltier Lake Drive on the north side of the bend in the creek. 160 Mr. Nyberg noted Mr. Qamhieh expressed concerns regarding the 161 increase in velocity and that the increased disCharge would cause 162 the creek bank to erode faster. Mr. Nyberg stated there will be