HomeMy WebLinkAbout1974-0201 SPECIALMJ~]UTES ?D~ THE.~ SPECIAL MEETING
AStE,AND CITY COUNCIL
February 1,
A special meetins of the C~ty Council was called to order by I,hyor Fries
at 9:00 a.m. in the Council Chsmbers on the above date. All the council members
were pre~snt.
.~yor Pries said the meeting had been called to discuss access to the
sewage treat-eat ~rlant for the city employees and firms which had contracted
for brid~e remairs and construction of the treatment plant e.~?pansion.
Cit~' Attorney' Salter explained that we have entere~ into a contract ~;ith
B and B Construction to e~rrand th~ treatment plant, and have also hired Tru-
l{ix Conetnlct~ n to build a br~d~e to the plant which ~-~as necessitated by the
creek chan=in r fits course d~rlnq the flood of January 1~ and 16, but property
owners Ponderosa; n~-kin~ and Harold t!ardesty ob.~ected to our use of the ex-
istins road, sa~'fr, it dkK ~mt fellow the description of our e~sement. Szltsr
diet!eyed a ma~ of the area and further erDlained that we do have an easement
1~ feet w~de w~th a rinht anZle turn wh;ch could not be ne:zotiated by a scmi-
tmick end tra~ler, but mointed out th',t the present road which does not follow
the described easement has Been used by the city for more than 30 years, whlch
~ives us a ~rescr~ptive richt to the use of the read. He reported that Tru-!.{ix
does not want to use the road unless the city will sign an agreement to hold
Tn~-].fx harmless.
Conklan asked ~hat the prohefty or,mere wanted. Attorney Salter replied
that he bad not been able to Cot an an~ver to that question from the o~mers of
the affected land, but that thefir attonncy, Gerald Scannell, had promised to
attend the special meeting, h~t was not present.
George HelfrSch of Ponderosa Packin~ said the read over his proi~erty }mad
might be held liable if someone drove into the creek, [mr the city had not
erected the barricades. He also complained of a city truck having killed his
do~,, and cf problems in keeping his gate closed. He said he is only protestinJ
problems created by the city.
Conklin suggested we do what is necessary to acquire an easement to the plant.
Prickeft moved to accept the recommendation of the city attorney on signin~
th~ "hold harmless" a~ree!nent w~th Tru~Lffix and to Dressed with legal action to
make our road right of way official. Soderberq seconded for purpose of discussion.
Helfr]ch saSd he wants the city to show proof of ownership of the road,
and said cattle guards should be installed at the cSty's ez~enss.
At this point (9:2~ a.n.) attorney Gerald Scannell entered the room.
Prjckett said he is willing to amend his motion tO also include seeking
iF~ed]ate use of the right of way.
Scanne]l questioned the adequacy of the City's described easement, and
said he had asked for a meeting. prior to the flood to discuss access needs.
He ~ave a summary of the act~vSt~es during the flood---that the creek had
cbanCsd its channel, that the sewer l~nes were broken and raw sewaze was flowin~
in the creek and on adio~n:;n~ land. He reported that he called the offices of
· the qovcrnor, the Department of Environsnatal Quality, and the Env~ronmental
Protection A~eney, and he sa~d the DEQ had indicated they wane not aware of the
{k~l] facts of the severe orohlem, and that EPA would prol~bly withdraw their
F~rant because ~f a d].~cre~ancy fin property ownership. Scannell said he has
hired surveyors, and it appears that the pumpring station 5s not on city land,
hut on Hardcsty's Dropeft~-, and advised the Cmlnc]l to condemn the property
or revise construct~o,a plans.
Scannell went on to sa,v thmt in Jnnuary of 1973his clients had received
a letter from Public ~Forks Director Alsin~ ex~ressjnT a desire to Furchase
a hlffer zone aronnd the treatment plant, but about three months aqo Alsin~,
had indicated the c~ty v:as no lonEer interested jn buy~nz. Scannell reported
that he hac] told Tru-7'~r: that ]f the put their cat on Ponderosa or Hardesty
prooert,v, he '~ill be after them.
Allen sa~d he talked to property owners ~nd they seemed willing to ~vork
thin~s out vjth the city, ~.ut Scannell wanted tc sue the city.
Scannc~] hotly rc~l~cd tkat he resented that statement, and said he had
as!<e:l for a r::etln~ cn 2z'cFcrtD, r~hts before the ~ood.
Snlt~r card ~ze ~-~ft !lave the access road for our plant maintenance and
for the ncv~ c~.!'~str~!clf -~], ~n~ if v:e cannot provide a road for o~r contractors,
On question frcr1 So!]erber%, A] sjn% said we have a survey of our pumpinE
station land, an.~ to the best of his knov~ledEe, the pumpin~ station is on it.
Gary Yr~es, resi~ent engineer for B and D Con~truction, sadd if they
can't have roc! access on !To~dar,, the'1 v~on't have a crew do~m here.
Prickett po-~nted out that we have a proforty rizht through usage, and
if ne~otjatSons fail~ or Droperty ovaere refuse to ncr~,ot~ate, we should take
it to court.
Allen moved to amend mot~on that Drier to Coin~ to co~irt, that Salter
and ska~f m~et v:~th Scanne~l and h~s clients, allowinv~ five days to reach an
agreer~nt. Conklein seczn~]ed. Frjckebt felt v:e wou]d be wasting.valuable time
A]len v,'j thdr~,;' Li s nr tj cn.
On ro?l call vote on tlne notion to ej ~n agreement and to proceed ~vdth
action for use of access road, there v~as a unanir~_~us affirmative vote.
Sa!ter said he will file a v~it for declaratory relief.
Scannel] saSd the c~ty is wasting jts F~ney, and should start condemnation
or negotiation, to which S~lter replied that he is ah~ays ~lljnq to ne~otlate,
but ~t takes ~vo, and that there is no Feint in starting condemnation to acquire
a right which we already have.
· '.!eet~n~ adjourned at 10:1% a..~:~.
L:~YOR
?Fecjal !Te~!tYnfr Feb. 1, ]-gT]l ' 2