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Canby council hears resident complaint about 210 Walnut after street project; city to send homeowner letter

Canby City Council · August 8, 2024
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Summary

Canby council reviewed seal coating plans and a resident’s complaint that a hill at 210 Walnut Ave N. became steeper after street work. Staff presented before-and-after photos and the council recommended sending the homeowner a letter permitting private excavation with a warning that disturbing tree roots could jeopardize the tree; the letter would note removal/replacement costs are the homeowner’s responsibility.

City staff told the Canby City Council on Aug. 8 that the final phase of the street project still has punch-list items to complete and that seal coating is tentatively scheduled for Aug. 22 or 23 without crack-filling. Staff reported coordination with crews to finish remaining work this year.

At issue was a complaint from resident and property owner Lynn Harp (210 Walnut Ave N.) who said the slope of a hill on her property had become steeper after the street project. Sheila Krohse presented before-and-after photographs and said the images showed little to no change in slope. After discussing the evidence and possible remedies, the council recommended the city prepare and send a letter to Harp granting permission to undertake private digging on the homeowner’s property but warning that disturbing roots could jeopardize a nearby tree. The minutes record that if the tree is harmed, cost to remove or replace it would fall to the homeowner.

Council and staff discussed scheduling and scope: the tentative seal coating dates were provided, punch-list items remain to be completed, and no crack-filling will occur before the seal coating. The council did not order remediation work to be performed at city expense; rather, it recommended the written permission with a cautionary statement to the homeowner and further coordination to complete outstanding punch-list items.

The council’s action preserves the city’s planned street work schedule while documenting a homeowner remedy and liability for potential tree damage. Next steps in the minutes include sending the recommended letter and continued coordination with crews to complete punch-list items.