Opinion

Something for nothing

Tuesday, September 2, 2014

It has been interesting to follow the trials of the residents in Calabria. The residents' concern appears to be the upkeep of the streets leading to their homes within the City-of-McCook-approved subdivision.

Their plight points to a flaw in the way we do local government. It seems that the decision makers seldom stay in office long enough to rectify certain errors in judgment. Problems caused by poor decisions are left to the unfortunate current office holders to straighten out, usually at increased expense for taxpayers.

In an effort to improve their problems with muddy unpaved streets and poor drainage in spots, a delegation of owners approached the Red Willow County Board of Commissioners for help. In a moment of liberal thinking the board voted two to one to help their cause. Problem solved.

Oops, through hindsight, after examination by the county roads superintendent, the board seems to be having second thoughts. Turns out that the streets were not laid out to Nebraska standards for county roads.

To bring the byways to standards the streets would have to be reconstructed with adequate attention to ditches for drainage, relocation of some utilities and acquisition of more right of way or granting of easements throughout the subdivision. The residents; response is no we don't want such extensive reconstruction. An impasse for the moment.

A bit of history here, as best I can remember yours truly was on the county board when Joe Giorgione, my friend the builder Mr. "Joe's Brick Home," developer laid out his plans to build. The subdivision being within the two-mile limit for zoning approval by the City of McCook, Joe presented his plans to the city.

With suggestions for a few changes, the City Council approved his plans. Yo the end of the city's responsibility and the county not even consulted.

"Joe Brick" then hired a construction firm to lay out his proposed streets do the grading and apply gravel all at his own expense. Laboring under the assumption that his streets were built to the city specifications, our builder assumed that the county would then take over responsibility and continuing upkeep of their new county roads, as promised by the city.

Then Joe the builder started building homes, nice homes well kept. The county wouldn't accept responsibility for the non-standard new roads and therein lies the problem. All the members of the City Council and the city manager that approved the subdivision plans have moved on in life and are nowhere to be found to take responsibility for lack of foresight.

We of the county board at the time of the approval had no say in the matter and have also all been replaced. Mr. Giorgioni with nine lots yet to develop is also tired of the expense of street upkeep and now wants to move on. What to do?

Your columnist, now divorced from all responsibility in the matter, is still interested and will offer three suggestions for resolution.

First off I would, perhaps cynically, suggest that the residents of Calabria have all elected to live in their nice rural setting in part to avoid paying city taxes. The county's rural landowners who pay the bulk of the county real estate taxes after all probably have little sympathy for having to fund the city's lack of foresight and cooperation in approving non-standard street construction and are jeering their board's recent ill-informed vote to rescue the Calabria residents.

Incidentally most rural residents outside the subdivisions do their own driveway upkeep and bear any expense involved. Therefore a real equitable solution would be for the present City Council to annex the subdivision and care for the streets that "they" originally approved.

A second resolution for the matter could be for the county to accept responsibility and do the necessary reconstruction to standard. That option would require considerable expense to be borne by the Calabria property owners for the county to acquire the needed increase in right-of-way plus the expense of moving utilities. Also, provision must be made so that storm sewer runoff will be kept from being dumped on the adjacent landowner in accordance with state law.

A third solution would be for the Calabria property owners to form a homeowners association. With that they could assess fees to fund grading, gravel and future upkeep of their streets as they see fit. Joe Brick would assuredly be happy as he could go off into a well-deserved retirement.

If the association would bring their streets/roads to county standards then probably they could persuade the county to accept the responsibility for future maintenance.

The association members could even form for themselves a paving district and hard surface their own streets just as they will have to do if annexed by the city.

I suspect that the several other subdivisions lying outside the present city limits and with streets not built to county standards are watching the Calabria machinations with great interest. Me too!

That is the way I saw it.

Dick Trail

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  • Mr. Trail

    An interesting situation indeed. Having worked in the housing development industry for many years, I submit the following thoughts for your review.

    The City Impact area allows cities in close proximity to proposed developments an opportunity to stipulate design considerations, should the development be considered for incorporation at a future date. This is usually just one part of the platting process and the Subdivision Plat usually includes an acknowledgment of approval and often with conditions subject to that approval.

    The County also reviews the Plat prior to approval. It has been my experience that the Engineering/Surveying Firm designing and processing the Plat works with each entity to meet their individual requirements. If the County requirements were not met in the Subdivision Design, the acknowledgment would probably reflect that.

    Approval of the Plat does not necessarily mean the County is required to maintain the road system, especially if the road was not built to the standards applicable at the time of Plat approval. If the standards have been changed since the date of approval, it then becomes a different issue involving possible redesign, etc.

    Best Regards

    -- Posted by Geezer on Tue, Sep 2, 2014, at 8:41 PM
  • Dick, you are going to get railed for this one, no matter how right-on you are! Something for nothing! The mantra of the new order!

    Well, OK then!

    -- Posted by SWNEvacuee on Tue, Sep 2, 2014, at 8:43 PM
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