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HomeMy WebLinkAbout1977-11-30city council minutesBook 18 Page 410 SPECIAL MEETING November 30, 1977 4:00 P. M. The Meeting was called to order by Mayor Pasl.ey:_ The Roll of the City Council was.called with the following members present: McCl.uskey, Olesen, Williams, Banks,, and Bauman. Absent Raymond. (DISCUSSION WITH ROD TRUMBULL REGARDING STREET REPAIR) The Mayor stated that the Special Meeting was called at this time to enable Mr. Rod ''TruAul.l and the City "of' Caldw "ell to discuss'a' problem of street repair on South Montana and South Kimball. The Mayor recognized "Mr. Trumbull and asked him if he would like`to address the City Council and open the meeting for discussion. "Mr. Trumbull said that'he felt there was'some misunderstanding involved in the situation. He was told at one point that no building permit would be issued to him until the street oiling was done on both Kimball and Montana. On October 24th, Mr. Trumbull said that he told Mr. Lewis that he would give the City the money for patching. On October 26th, Mr. Lewis told Mr. Trumbull that the City wanted money for the full street and not what he had offered before. Mr. Trumbull investigated why the surface was low on Montana "and found that the City had engineered this in 1968 and it was not done by Alpha Engi�e.ers. Kimball was also surveyed by the City of Caldwell. Councilman McCluskey was recognized and said that he felt when Mr. Trumbull contacted him and explained the situation he felt that the City of Caldwell was asking something of Mr. Trumbull that was unfair. It would not be unfair today with the new policies, but it was unfair under the established procedure that lie expected wl-len he subdivided that piece of property which was to patch. The City had offered to dig the street out and lower it if. Mr. ,Trumbull would pay for the oil on the entire right of way. The City would furnish the labor, excavating, furnish the gravel, lay the black top if Mr. Trumbull would purchase the blacktop. This would cost Mr. Trumbull considerably more money than patching would. Councilman Olesen stated that he would like to have the dollar figures that were involved. The City Engineer was recognized and stated" that if it was not for the adverse grades, everything would have proceeded in accordance with the way that Mr. Trumbull had stated it. The policy prior to the last set of subdivision policies states that if the curb and gutter were put in, no matter what, the City patched it in. Mr. Trumbull was of the understanding that he would patch in at that time. What was not recognized at that time was that you cannot patch in when there are adverse grades. South Kimball could not have been done differently because of the drainage at the end of West Spruce. That gutter comes to Kimball as there was no place for a storm sewer to go. It had to drain by surface, Alpha was told about the problem and they look at it and designed it so it would drain which made the curb and gutter lower. The problem was not identified. Mr. Trumbull was going to go ahead and patch this in, but the City Engineering Department informed him that it was not realistic to patch it in because no one could get through the dip and into their driveway. This was when the City Engineer told them they could not go ahead. The only answer physically to the problem was to lower the street. Both Montana and Kimball have to be lowered and there was no alternative. The Engineering Department felt that patching was out of the question. Book 18 Page 411 It was also pointed out by Councilman McCluskey that the Border Street Policy was not in effect when all of this began. It does not apply to the problem at all. He also emphasized the fact that he had been the one who asked that this meeting be called particularly in the hope that this situation would not occur again. The Mayor stated that one fact that was not brought out as yet was that Mr. Trumbull, was the one that created the problem. He was the one who developed the subdivisions and would be the one who profits from the subdivision. The State law states that he is required to restore the street that he injured - Section 40 -909. He felt that the City was going a long ways in making the offer as Mr. Lewis submitted to him. Much more discussion followed regarding what was fair for both Mr. Trumbull and the City of Caldwell as far as cost. It was also brought out that the City had not budgeted for any of this amount for this year. One alternative suggested was to take Mr. Trumbull's money he agreed on, build temporary driveways and do the work in 1979. It was also suggested that Mr. Trumbull go ahead and patch and he would assume the problem of getting the people into their property. Councilwoman Williams stated that she felt an executive meeting should be called to discuss the finances- regarding this situation. The City's portion of the money seemed to come to $4,183.00 with Mr. Trumbull agreeing with the Engineering Department's offer. MOVED by McCloskey, SECONDED by Olesen that the City assume the obligation of rebuilding South Kimball with the exception of $1,050.00 that will be paid by Mr. Rod Trumbull for a portion of purchasing the materials and Mr. Trumbull will agree to the City of Caldwell's previous offer regarding Montana established by the City Engineer's Office. More discussion then followed this motion. Councilwoman Bauman questioned as to whether this would be setting a precedent which would present problems later. Mr. Lewis assured her that it was possible. The cost of the work was again talked about at some length. To repair Kimball would cost a total of $3,489 and of that amount $1,050 would be what to patch it would cost; to repair Montana would cost a total of $2,794 and of that $1,050 would be the cost of a patch. Councilman McCluskey withdrew his motion with permission of the second. It was then MOVED by Olesen, SECONDED by McCluskey that the Kimball cost of $3,489.00 be assumed by the City of Caldwell and that Rod Trumbull take care of the - problem on Montana in the sum of $2,794.00. Discussion then followed this motion. MOVED by Olesen, SECONDED by McCluskey to call for the question. Roll call vote. Those voting yes: Olesen, Banks, and McCluskey. Those voting no: Williams, and Bauman. Absent and not voting: Raymond. MOTION CARRIED The Mayor then asked for a vote on the motion as made by Councilman Olesen. Roll call vote. Those voting yes: Olesen, Banks, Bauman, and McCluskey. Those voting no: Williams. Absent and not voting: Raymond. MOTION CARRIED Councilwoman Williams suggested that a meeting of the Finance Page 412 Committee be called as soon as possible to discuss the problem of funding this project of repair to Kimball. MOVED by Williams, SECONDED by McCluskey that the Finance Committee meet in the City Council Chambers Friday noon,. December 2nd, to consider the financing for the street repair. Roll call vote. Those voting yes: Williams, Banks, Bauman, McCluskey, and Olesen. Those voting no: none: Absent and not voting: Raymond. MOTION! CARRIED (RESOLUTION N0, 80 -77 and RESOLUTION NO. 81 -77) The City Cle,,rk.presented two-Airport Hangar Leases to the City Council for their approval.. Each of the.Resolutions,were read by title only as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A HANGAR LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND KENNETH L. THOMAS AND BESSIE M. THOMAS.. and RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A HANGAR LEASE AGREEMENT BETWEEN THE CITY OF'CALDWELL AND KENNETH L. THOMAS AND BESSIE M. THOMAS. Both of.the leases had been approved by the,Airport Commission and it was their recommendation to the City Council that they be approved. MOVED by McCluskey, SECONDED by Banks that both of these airport hangar leases be approved; one to Beech Flying and the other to Kenneth,L. and Bessie M. ,Thomas. MOTION CARRIED There being no farther business, the Meeting was adjourned at 5:10 P.M. APPROVED AS written THIS 13th DAY OF _ December � 1977. ifs. f r! � �C Mayor Cozen Councilman Co n i man /f Councilurhn Councilman Councilman, ATTEST: city Cler..