Homeowner says Second Street reconstruction left driveway ‘basically a ditch’; council orders contractor review and withholds final payment

A homeowner identified in the record as Matthews told the Proctor City Council on Oct. 21 that recent Second Street reconstruction work left their driveway improperly pitched and “basically a ditch,” causing water and ice to accumulate and creating a safety hazard that sent vehicles toward 9th Street.

Matthews said the driveway was originally supposed to have a roughly 2% grade but that the contractor’s cut created a low swale that traps sediment, ice and runoff. “It became basically a ditch ... it builds up with ice,” Matthews said, adding that the city’s post-construction finish included bare rock and poor topsoil on the side of 9th Avenue and that past emails to city staff produced slow or dismissive replies.

Council members and city staff discussed technical remedies including regrading the high point in the alley, reshaping the corner, and whether a curb cut or modified swale would restore flow. City staff member Tyler was asked to inspect the site and to coordinate with the contractor to return and attempt a fix. Several councilors said they prefer the contractor to make the repairs and recommended getting drawings or cost estimates if needed.

Council members also said the city is withholding final payment to the contractor until the project meets city standards. “If it doesn’t fix it we can readdress it,” one councilor said; if the contractor’s work cures the issues, the council said it will release payment. Council also requested that the Matthews family obtain cost estimates for the damaged light pole so the city and contractor can compare quotes; members agreed multiple quotes are preferable.

Matthews told the council that blasting during construction appeared to have damaged an underground wire powering an exterior light and that they had to cut the wire to stop frequent breaker trips. Council members said that if the work caused the damage, the city will pay to restore service and that getting contractor quotes and staff estimates is the appropriate next step.

The council’s immediate directions were: have Tyler inspect the specific driveway/alley grade and the 9th Avenue planting/seeding areas, ask the contractor to return and attempt corrections, and withhold final contractor payment until staff and council confirm the repairs. The council did not adopt a specific remedial design at the meeting and left engineering details for staff and the contractor to propose.

The council heard the matter under agenda item 6A and scheduled further follow-up after inspection; the city also noted it would seek multiple contractor quotes for repair costs where needed.