HomeMy WebLinkAbout1981.04.22 CITY COUNCIL MINUTESThose Present Were:
SPECIAL MEETING
April 22, 1981
Mayor:
Councilman:
Councilwoman:
Also Present:
John C. Porter
Jim Morris
Nile Boyle
Morgan Garner
Sander Larson
Darlene Blackburn
Mary Smith,City Attorney
Rose Bagley, City Clerk
Dale Steiner, John D. Walker, Earl Kemp and John Millar were also present at the
meeting.
The purpose of the meeting was to discuss the ditch and culvert on a ditch owned
by Dale Steiner and John D. Walker.
Mayor Porter referred to a letter he had received from Ray Rigby, Attorney, with
regard to the ditch and culvert. Mayor Porter questioned Mr. Steiner and Mr.
Walker if they had told their attorney that they had requested the culvert to be
changed. The letter made it sound like the city had requested it to be changed
which was not correct.
Mayor Porter stated that when the city was thinking about moving the canal,
they had received permission from the State and obtained a right -a -way
necessary for the canal to be moved. It was Walker & Steiner's responsibility
to get a right -a way from Reed Larson, because they had requested moving the
ditch.
Dale Steiner stated that he had tried to stop the culvert from being moved
but Burggraf would not stop because they had to check with the city first, and
was unable to contact Earl Kemp right a way.
Mayor Porter stated that the city had nothing to do with moving the culvert;
it was not on city property. The highway department moved the culvert at
Mr. Steiner's request.
Earl Kemp told Steiner & Walker that Burggraf was working for the Highway
department not the city and would not stop until the Highway Department
told them to.
Mr. Walker stated that he and Mr. Steiner had met with Mayor Porter and
John Millar when they were thinking about closing the ditch. At that time it
was discussed that if the water could not be brought out of the canal at the same
flow they did not want the ditch changed, they wanted it to remain the same.
Mr. Walker said that in November they agreed that the water would run in the
original course.
Earl Kemp told them that we could get water from the ditch but not in the
quantity they want.
Mayor Porter said that Earl Kemp had suggested a pump from the canal be put
in, to increase the flow, but Dale Steiner did not want to maintain it or pay
for the electricity, so the ditch was put back in. He also suggested to Mr.
Walker and Mr. Steiner that the city possibly might split the cost of moving
the culvert with them.
Mr. Walker said that as water users they felt they had been pushed around.
Earl Kemp said the cost of moving the culvert would be about $800.00. He said
that he felt that Burggraf was unreasonable at the time he moved the culvert,
but that he and the city have no influence over them and Mr. Steiner should have
called the Highway Department and had them stop Burggraf from moving the
culvert.
Mayor Porter said that he knew that if the ditch could be straight the flow
would be better but they were blaming the city for moving the culvert which was
not correct.
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Earl Kemp told them that the city did not contact the State, they had nothing to
do with it. He had contacted the state at Steiner & Walker's request as a favor.
It is unfortunate that Burggraf would not wait for a few hours until Mr. Steiner
was able to contact Earl.
Mr. Steiner and Mr. Walker said that they would need the culvert moved over about
20 feet, and they wanted the ditch to run the sameway it was before. Dale Steiner
said that he would admit that he had asked to have the culvert moved but he did
not feel that he was liable to have it moved back. Nile Boyle told them that, he
did not feel that it was the city's problem .
Earl Kemp said that we have got to get water to them immediately for their crops.
He told them that the city had not hired him to contact the state about moving
the culvert and they were not liable. He knew that there was a problem and it
should be taken care of; he was upset with Burggraf and felt that $800 was an
outrageous amount to charge to move the culvert. In any case we need to get
water to them, ask if they wanted to stay with the old check, they said that they did.
Mayor Porter again suggested that the city pay $400 to get the culvert moved and
Walker and Steiner pay $400. The council said that they did not feel that the city
was liable.
Earl Kemp reminded them that he was not a city employee, and just went down to
help solve the problem as a favor to Steiner and Walker. The city wanted to move
the ditch out of the sub -division and had ask Earl to look at it.
Sander Larson stated that as he understood it, the problem was now who was
responsible for not stopping the culvert from being moved, the state was saying
that it was the city's responsibility to move it, but now it was established that it
was not city property, and should be understood that therefore it was not the
city's responsibility.
Earl Kemp said that he would put pressure on Burggraf and the State to get them
to assume part or all of the liability, and possibly the city and Steiner and
Walker could work out sharing the balance of the cost. He also suggested that if the
city sent a backhoe down to move the culvert it would cost 1/4 the amount. Mary
Smith advised that the city should not take any responsibility, because they do not
want any liability. If the city assumes the responsibility of moving the culvert
they would be assuming the liability.
Mary Smith explained as she understood it Mayor Porter was suggesting that
rather than going to court with a law suit that the City would be willing to pay
half to get the culvert moved.
Morgan Garner said that he would like to see the culvert changed the way everyone
would feel good about it.
Earl Kemp said that he would get in touch with Burggraft and the State and
if it was okay with Steiner and Walker that they go with the above arrangement
they would get the culvert moved immediately.
M y r John C. Porter
City Clerk Rose Bagley
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