The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION #10-146
Resolution addressing Betty Richardson’s request for tree replacement,
reconsidering past action of Council.
WHEREAS, During the course of the S. Cedar Street Reconstruction project the City and Betty Richardson entered into a ROW Agreement, which provided, amongst other things, that the City would waive any assessment against the Richardson property in return for a 10’ ROW and further that the City would replace, under certain terms and conditions, trees that were damaged during the construction project, and
WHEREAS, During the course of the project it became apparent that a number of trees would be damaged, and a decision was made to remove the trees instead of damaging them, or moving them which had been arranged at the Betty Richardson’s request, and risking their subsequent failure, and
WHEREAS, Betty Richardson has approached the City seeking compensation for eleven (11) trees in the total amount of $16,650, from the City based upon an appraisal dated July 27, 2010, same being prepared approximately one year after the trees had been removed from the Richardson property and never viewed directly by the appraiser, and
WHEREAS, The City Council found that the obligation of the City as set out in the ROW Agreement is to replace the trees with a similar tree, not to compensate the property owner for the alleged pre-removal value of the trees, and further finds that it would be reasonable and appropriate to replace said trees with trees of the same or similar variety with approximate trunk width of 2”, as trees of that dimension will have a higher likelihood of survivability upon planting, and
WHEREAS, After the Council passed Resolution #10-117, approving the approximate 2” trees as noted above, Betty met with the City Administrator to discuss the issue further and tor request that trees of a greater diameter, of 4-5 inch caliper, be approved for planting, as trees of that size are available and are more similar to the trees removed from her property, and are, therefore, more consistent with the agreement entered by Betty and the City, and
WHEREAS, The Council finds that the City Administrator should work with Betty Richardson to take steps to acquire and have planted no more than seven trees of 4-5” in caliper, with one of same being permitted to be planted at the cemetery subject to cemetery board approval, and the balance of same to be planted on Betty’s property or in a permissible ROW area adjacent to Betty’s property, if possible, and with the further understanding that Betty may request permission to have a tree or some of the trees planted elsewhere, off her property if you will, and the Council may in their discretion permit same.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby approve of the purchase of up to seven (7) trees of a 4-5 inch caliper according to and pursuant to the agreement between the City and Betty Richardson with regard to the City acquisition of ROW from Betty during the Cedar Street project, with the understanding that one may be planted at the Cemetery with Board approval with the balance to be planted within Betty’ property or permissible adjacent ROW, if any, or elsewhere, only if the Council separately approves of said other location.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the City of Monticello, Iowa to be affixed hereto. Done this 15th day of November, 2010.
Don “Ho” Miyagawa, Mayor
Attest:
Sally Hinrichsen, Monticello City Clerk