City statement on removal of resident’s oak

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Doug Gruder, who had an oak tree removed from his yard on Friday with no notification to him, met Tuesday with his aldermen (ward 2) and city staff members.

Gruder was told in the meeting that the city had determined that his tree was in poor health and posed a liability for the city, also that it was in a city easement. Everyone in the meeting agreed that a breakdown in communication caused Gruder to be in the dark about the decision.

Gruder’s aldermen, Brandon Wegge and Sunny Sims also had a report from the meeting.

Akande emailed the following report to 40 South:

Alderpersons Brandon Wegge and Sunny Sims, Peter Van Linn, Parks Operations Superintendent and I met with Doug Gruder today for approximately two hours in the City Administrator’s office.

There was no malice to cause Mr. Gruder harm or distress with the removal of a City tree located in a city easement and/or right-of-way. The tree after an assessment by the City certified Arborist and a contracted certified arborist, was deemed to be in poor condition, hazardous and posed a liability to the City if it were allowed to remain standing. The tree was losing its canopy, declining, had borer damage, branch and trunk rot, tip dieback, hazard limbs, and loose bark. The tree was recommended for removal as it was in poor condition and posed a liability for the City.

There was a communication breakdown. The door hanger, and tag on the tree as requested and called for in the city contract by the contractor was never done. To complicate matters, the letter mailed to multiple residents on Urban were all delivered with the exception of the one mailed to Mr. Gruder. An apology was issued to Mr. Gruder. Better care should have been given to his property. The City will rectify this with the contractor. Mr. Gruder agreed to provide the City with a list of how in his opinion the remainder of the tree and other fixes to his property will be completed. Furthermore, he should not have had to pay for maintenance on a City tree, therefore the City will explore ways to rectify this. Mr. Gruder like all residents will have an opportunity when his tree is replaced to meet with City staff to choose the replacement tree.

The rest of the meeting was spent brainstorming on how best City staff will work with Alderpersons Wegge and Sims to develop a revised process for communicating to residents. For instance, not only will the City continue to require the contractor place door hangers at the residents’ house, and place a bright and/or neon tag on the tree(s) to be removed, the City will also send letters by certified mail. The City will extend the number of days by which a resident should call the City to further discuss removal of trees. The list of trees scheduled for removal will be placed on the website, NextDoor, the City website and The Pulse.

13 COMMENTS

  1. So everyone got the letter in the area but the person it mattered to the most. That sounds a little suspicious to me. I also find it rather convenient that when the city wanted branches removed from the tree, they mailed Mr. Gruber a letter letting him know he had so many days to rectify the issue. Now that the city messed up, all of a sudden it is a city tree and the maintenance letter sent a few years ago was a mistake. What a load of manure.

    • I’m sure the City is looking at it as cheaper to say the tree is theirs and pay him back for pruning the tree and cleaning it up than face him in court because they over stepped their bounds. The City is in full “spin it” mode on this one. I wonder if we will see a new Park’s Operations Superintendent vacancy soon or “City certified Arborist”, which is who since they let the last one go and brought in a “urban forester”? Where was the Park’s Director for this meeting since his staff caused the issue? I’m with you, I call male bovine excrement!

      • Full spin mode is right. All hands on deck! But where is Parks Director Eric Gruenenfelder? Considering the $90,000 we taxpayers pay him every year, shouldn’t he be leading the charge to fix this mess?

  2. City easement and/or right of way? I hope Mr. Gruber made them prove that this tree was in right of way. If it was an easement I’m betting the language in there says nothing about the city being able to remove or maintain trees as they see fit. Pictures and google sure make that tree look like its on private property. Mr. Gruber as a condition of what they did you should make them survey your property and physically establish your property corners along Urban and Pine. Don’t let them off for entering and damaging your property; little city trying to use that big government mentality and push their way around.

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