In October 2010, sandstone rock weighing approximately 1,000 tons broke off of undeveloped City park property along the Rimrocks above 1313 Granite Avenue, with some boulders rolling down the slope and falling into the house at that address, causing extensive damage to the structure.  Additional portions of the rock remained loosely attached to the Rims and on the slopes below it, presenting a potential for further rock movement. 

Within a couple of weeks of the incident, the rock in the house moved another six to eight feet, creating concerns that it might roll further and damage other structures.  The City notified the property owners at 1313 Granite that they had to remove the public hazard, or the City could do so and charge the costs back against the property.

To date, the rock has not been removed.  At a special meeting on January 3, 2011, the Council rejected by a 5-to-5 vote a resolution declaring an emergency exception to the Purchasing Policy and awarding a contract to Accurate Concrete Cutting, Inc., for removal and stabilization of rock in and adjacent to 1313 Granite Avenue.  A favorable vote by 3/4 of the 10 Council members present, or 8 members, had been needed to approve the resolution.  Council members expressed concern that the residents of the area knew about the falling rocks when they purchased or built their homes and had responsibility for the outcome.

However, at its January 10, 2010, regular business Meeting, the City Council voted 6-5 to reconsider the resolution at its Feb. 14, 2011, business session. 

The Council rejected a similar resolution at its January 3, 2011, meeting to follow an identical process for loose boulders on City property above 3020 Shady Lane.  No additional action has been taken on that resolution.

Approval by 3/4 of the Council present is required to approve the emergency resolution.

The Council may:

• Approve the emergency resolution and award the recommended contract, which would cost $139,255, to Accurate Concrete Cutting, Inc., for the 1313 Granite property only.  Staff obtained quotes for the project from three firms, including a local construction company, and Accurate Concrete Cutting, Inc., provided the lowest price.  This would allow work to begin within about six weeks on stabilizing or removing the boulders and avoiding additional property damage or injury to a resident;
• Deny the resolution and direct staff to follow the usual method outlined in the Purchasing Policy for the work.  Staff would have to hire a qualified consultant to write plans and specifications, advertise for bids and submit a bid to Council for approval.  This process would take at least three to four months to complete, and there is no guarantee that prices will be lower for the project at that time.
• Deny the resolution and take no additional action.  The Council previously has taken the position that residents in the area should be aware from numerous boulders scattered on lots below the Rims that rocks fall naturally in the area, and the City does not have an obligation to remedy that natural situation when property owners assume the risk of building in such an area.

If approved, the cost of $139,225 would be paid from the General Fund.  Reimbursement could be assessed through property taxes for 1313 Granite for the portion of the project to remove rock from house. 

The staff recommendation is to approve a resolution declaring an emergency exception to the Purchasing Policy and awarding a contract to Accurate Concrete Cutting, Inc., for removal and stabilization of rock in and adjacent to 1313 Granite Avenue.