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Granger questioned applicant concerning trees on his property and whether it <br />was possible damage to sidewalk could have been caused by roots. <br />Mr. Ulbrich stated there were trees on his property, but <br />City trees were closer to this sidewalk area than those <br />on his property, in the City easement. <br />Councilman Petersen questioned length of time sidewalk damage had been evident. <br />Mr. Ulbrich stated sidewalk in its present condition for <br />some 8 years. <br />Director of Public Works stated it was opinion of Staff that sidewalk damage not <br />caused by construction of sidewalk on fill, but probably caused by tree roots <br />on Mr. Ulbrich's property. Mayor Herkner questioned whether type of damage to <br />sidewalk, a diagonal cracking, is any indication of cause. Director of Public <br />Works stated crack at a diagonal on both ends happens quite frequently. <br />Councilman Henderson commented on observations she had made of this site and of <br />another similar case nearby where it was evident the sidewalk had been repaired <br />with asphalt and would favor granting Mr. Ulbrich's appeal if it did actually <br />pertain to a previous creek relocation. Director of Public Works advised of <br />program being conducted throughout the City to reduce hazards caused by damaged <br />sidewalks which was being accepted by property owners in most all cases, and <br />stated estimated costs for repair of this damaged sidewalk was $75.00. <br />Councilman Henderson moved to grant the appeal, seconded by Councilman Granger. <br />Councilman Granger indicated he favoared granting the appeal because of the lack <br />of positive proof on either side, and City should accept the responsibility in <br />this instance. Councilman Rosselli opposed establishing a precedent for assum- <br />ing individual problems. <br />Councilman Granger felt this problem an exception only as Staff answers had not <br />been conclusive in placing the responsibility. Councilman Petersen felt Staff's <br />recommendation should be upheld in spite of formula set and recommendation made <br />that City not responsible, Council should abide by that decision. Motion to grant <br />appeal lost on roll call vote, Councilmen Granger and Henderson voting yes, Coun- <br />cilmen Bury, Keckley, Petersen, Rosselli and Mayor Herkner voting no. <br />(MINUTE ORDER #67-88) <br />Councilman Rosselli moved to adopt RESOLUTION N0, 5360 CANCELING CERTAIN WEED ABATE- <br />MENT CHARGES FOR 1966 WEED ABATEMENT PROGRAM, seconded by Councilman Petersen. <br />Cancellations of refunds recommended by Staff for the following property: <br />John G. Sorensen $21.38 <br />878 Main St. (Main St. lots) <br />Wm. R. & M. D. Slade <br />623 Main St. (Belle Haven Subd. 23.52 <br />Lots) <br />Wm. S. & V. Chapralis 16.82 <br />1726 Vera Ave. (Lee Tract) <br />Felice & Teresa Pietrorave 10.91 <br />242 Orchard Ave. (Lee Tract) <br />$72.63 <br />Mr. Silvio Boicelli protested weed spraying on his property <br />when he had indicated he wanted to take care of weed abate- <br />ment himself. <br />57 <br />?* 8 Wr <br />