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Mr. Hoeft stated it is common consensus among municipalities that this issue is <br /> handled through the civil courts and not at the City level because shrubbery is not <br /> a primary structure on the property. He noted the City could fashion some type of <br /> Ordinance but he would not recommend this. Mr. Hoeft indicated State law <br /> allows neighboring properties to trim shrubs on their property. <br /> Council Member Sweeney concurred with the City Attorney's recommendation. <br /> Council Member Nelson asked that a letter be drafted to Ms. Essex stating the <br /> City Attorney's recommendations and to explain the City's position on this issue. <br /> Motion by Council Member Nelson, seconded by Council Member Travis to <br /> draft a letter to Ms. Essex stating that shrubbery and trimming of same is a <br /> civil issue based on the City Attorney's recommendations. All in favor. <br /> Motion carried unanimously. <br /> Michael Zwicki <br /> Michael Zwicki indicated he was a new resident to the area and became a <br /> paraplegic on Christmas Eve after an accident at work. Mr. Zwicki noted his <br /> home is handicap accessible but he is not allowed to get out of his driveway due <br /> to a steep dip in the curb. He stated his car bottoms out every time he exits his <br /> driveway, as the curb is too steep in this area. <br /> Paul Palzer stated it would be impossible for him to physically get his chair out of <br /> the driveway or back into the driveway. Mr. Peterson stated he reviewed the <br /> plans and all curb and gutter is standard along with the width of the tar on this <br /> residential street. He noted there was nothing uncommon on this roadway. <br /> Mayor Wilharber asked if there was a solution to the situation. Mr. Peterson <br /> stated a portion of the roadway could be ground down to allow for a more smooth <br /> access or that a temporary ramp could be placed near the driveway for access. <br /> Council Member Nelson asked that the roadway be smoothed out to allow the <br /> resident access to the roadway. Council Member Sweeney asked if a handicap <br /> access could be placed in his driveway or next to his driveway for access. Mr. <br /> Peterson stated this would be an option. <br /> Council Member Travis asked if the City would be providing this access or <br /> allowing the access. Council Member Sweeney noted he would be in favor of <br /> allowing the access for Mr. Zwicki. Mr. March encouraged Mr. Zwicki to contact <br /> the MS Society to gain additional funding for access options. <br /> Mr. Peterson stated the curb could be cut out in a portion of his driveway to have <br /> a ramp placed in its place. Council Member Nelson noted she would be in favor <br /> of the ramp. <br /> Mr. Hoeft suggested the Council direct the City Engineer to address this issue and <br /> look into the feasibility and cost of this item before the Council approved this <br /> item. Council Member Sweeney concurred adding that volunteers and local <br /> organizations could be approached for donations as well. <br /> 5 <br />