Loading...
08 August 2015 Regular MINUTES OF THE VAN BUREN,ARKANSAS CITY COUNCIL MEETING AUGUST 17, 2015 The City Council of the City of Van Buren, Arkansas met at 5:30 p.m. Monday, August 17, 2015 at City Hall. The meeting was called to order by Mayor Freeman. On roll call, the following Council members answered as their names were called: Alderman Parker, Petty, Moore, Swaim, Dodd and Sparkman. City Clerk-Treasurer Barbie Curtis and City Attorney Candice Settle were present. This made a total of nine (9)present. A quorum was declared. The invocation was given by Mrs. Candice A. Settle of the Van Buren School Board. Next, Mayor Freeman led the Pledge of Allegiance. Next, Mayor Freeman asked to adopt the minutes of the Council Meeting on July 20, 2015. Alderman Parker made a motion to approve the minutes. Alderman Swaim seconded the motion. On roll call, the following Council members voted aye: Alderman Parker, Petty, Moore, Swaim, Dodd and Sparkman. The following voted nay: none. On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A CERTAIN VEHICLE FOR THE CITY OF VAN BUREN STREET DEPARTMENT, THROUGH THE STATE PURCHASE CONTRACT; AND FOR OTHER PURPOSES. The Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman noted that this will be put in rotation and push all other trucks down and the bottom truck will be sold in the street equipment sale. Alderman Petty asked if the state bid was a predetermined price. Mayor Freeman replied that the state puts out requests for bids for every commodity and equipment out there. Alderman Dodd seconded by Alderman Swaim moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Parker, Petty, Moore, Swaim, Dodd and Sparkman. Nays—None. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 8-1-2015 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. D- -2015 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,AND A RESOLUTION TO BE ENTITLED. A RESOLUTION AUTHORIZING THE MAYOR TO PURCHASE A CERTAIN VEHICLE FOR THE CITY OF VAN BUREN STREET DEPARTMENT, THROUGH THE STATE PURCHASE CONTRACT; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is in need of a certain vehicle for the City of Van Buren Street Department;and WHEREAS, the City of Van Buren,utilizing street funds,desires to purchase(1)2016 Dodge Ram 2500 Crew Cab Tradesman 4x4 for the price of$30,903.00,fully equipped,as set forth in attachment"A"hereto;and WHEREAS, the City is authorized to waive the expense and time of bidding by purchasing such vehicle though the state purchase contract,pursuant to ARK.CODE ANN.§19-11- 249,and the City has decided that it is in its best interest to purchase the above listed vehicle via the 2015 Arkansas State Contract,Award No.SP-15-0011. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS,THAT: SECTION 1: The Street Department of the City of Van Buren, Arkansas is in need of the vehicle set forth above. SECTION 2: Said vehicle is to be purchased via the 2015 Arkansas State Contract,Award No.SP-15- 0011,from Landers Chrysler Dodge Jeep for the total sum of$30,903.00. SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents, contracts, and agreements necessary to effectuate this action. IN WITNESS WHEREOF,the City of Van Buren Arkansas,by its City Council,did pass,approve,and adopt,by a vote of W for and C against the foregoing Resolution at its meeting held on the 17th day of August 2015. atki- kr. Robert D.Freeman Por ATTESTED: APP It,• FORM: Barbie Curtis Candice A.Settle City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE NO.39-1981 FOR THE PURPOSE OF ESTABLISHING PROCEDURAL RULES FOR COUNCIL MEETINGS OF THE CITY OF VAN BUREN,ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Dodd moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Parker. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Parker moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Petty. The council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. There was none. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Swaim and seconded by Alderman Petty to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes—Alderman Parker, Petty, Moore, Swaim, Dodd and Sparkman.Nays—none. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four(4) votes being necessary for passage. Motion was made by Alderman Parker and seconded by Alderman Swaim, that the emergency clause be adopted. On the Clerk's calling the roll,the following vote resulted: Ayes —Alderman Parker, Petty, Moore, Swaim, Dodd and Sparkman. Nays—none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 9-2015 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO 61 -2015 BE IT ENALII:D BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED. AN ORDINANCE TO AMEND ORDINANCE NO.39-1981 FOR THE PURPOSE OF ESTABLISHING PROCEDURAL RULES FOR COUNCIL MEETINGS OF THE CITY OF VAN BUREN, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren,Arkansas,is duly incorporated under the laws of the State of Arkansas,with all powers,authority and duties of a city of the first class;and WHEREAS, the City of Van Buren has adopted the procedural rules for the City Council of the City of Van Buren to include a regular meeting time(Ordinance No. 39-1981);and WHEREAS, it is the desire of the City Council to amend the meeting time from 7:00 P.M.to 5:30 P.M.on the third Monday of each month. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS: SECTION 1: The meeting time for the regular City Council meetings shall be established at 5:30 P.M. on the third Monday of each month. SECTION 2:Due to the need to promptly implement this revised meeting time,an emergency is hereby declared to exist and this Ordinance shall be in full force from and after the date of its passage and approval. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass,approve, and adopt,by a vote of G for and 0 against,the foregoing Ordinance at its regular meeting held on the I71h day of August 2015. Robert D.F Mayor ATTESTED: APP'VED AS TO FORM: � ._1Z. Com. • 8.11`•_ Barbie Curtis C...cc 7 ettle City Clerk/Treasurer ity Attorney On the agenda next was to consider AN ORDINANCE AMENDING ORDINANCE NO. 5-1997, REQUIRING SIDEWALKS IN NEW CONSTRUCTION,REMODELING, RENOVATING AND/OR RECONSTRUCTION OF EXISTING PROPERTY WHEN 50% OR MORE OF THE CRAWFORD COUNTY ASSESSOR'S ASSESSED VALUE OF THE STRUCTURE IS BEING REPLACED OR REMODELED; SETTING SPEIFICATIONS FOR THE SIDEWALKS,AND FOR OTHER PURPOSES. The Clerk read the Ordinance in part. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Sparkman. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Moore. The council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Mayor Freeman noted that City Attorney Candice Settle, Alderman Petty and Joe Hurst attended the meetings and Scott Morgan led the charge. He also thanked Scott Morgan for his effort on his last project here in Van Buren before their move to Dallas. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Parker, Petty, Moore, Swaim, Dodd and Sparkman. Nays—none. The Mayor declared the motion carried as there were six (6) ayes and (0)nays. Four(4) votes being necessary for passage. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 10-2015 ORDINANCE NUMBER 10-2015 CONTINUED CITY OF VAN BUREN,ARKANSAS f. Forming: All forms shall be set vertical,with enough support as not to bulge. Forms and sub-grade shall be thoroughly wetted before placing concrete. ORDINANCE NO. -2015, Expansion joints shall be''A inch in width of a rubberized compound the entire depth of the concrete separating each section of sidewalk.Each section of sidewalk shall not exceed 55 feet in length.Control joints shall be cut to a depth of 1/3 the thickness of the concrete.Control joints must BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: be cut using a tool with a minimum of a I-inch blade.Control joints must be cut during placement and finishing. g. Finish: A wooden float will be used to level the concrete.It shall be trowelled smooth,with a light broom finish,broomed perpendicular to AN ORDINANCE AMENDING ORDINANCE NO. 5-1997, REQUIRING SIDEWALKS IN NEW CONSTRUCTION, the walk to produce a faintly scored surface.All edges shall be edged REMODELING,RENOVATING AND/OR RECONSTRUCTION with an edging tool. h. Curing: All concrete shall be wet cured for a minimum of three(3)days,or OF EXISTING PROPERTY WHEN 50% OR MORE OF THE CRAWFORD COUNTY ASSESSOR'S ASSESSED VALUE OF use an approved curing compound. THE STRUCTURE IS BEING REPLACED OR REMODELED; i. Clean-Up: All excess dirt and construction materials shall be removed from SETTING SPECIFICATIONS FOR THE SIDEWALKS,AND FOR the site.The street right-of-way shall be dressed,then sodded,or OTHER PURPOSES. seeded with grass,as needed. WHEREAS, the City of Van Buren desires to require the construction of sidewalks in new residential, j. Approval: Every section of sidewalk shall be inspected by the City Building commercial,and industrial construction,and remodeling and/or Inspector or Street Department Superintendent before placing any hag reconstruction of existing concrete. properties when 50%or more of the Crawford County Assessor's assessed value of the - property is being replaced and/or remodeled;and k. Deviations:Any deviation to the specification contained in this document shall be approved by the City of Van Buren Planning Department. - I. Time of Construction:Sidewalks for streets interior to a subdivision shall be WHEREAS, the requirement of sidewalks will protect the health and safety of the residents of the City _ completed: of Van Buren,Arkansas;and (i) Before the issuance of building permits for eighty percent(80%) of the lots on the block. WHEREAS, the Planning Commission m. Continuity:Sidewalks a public hearing on this issue and voted to recommend shall not be installed in such a manner that they conflict this Ordinance to the City Council of the City of Van Buren for approval. with or are obstructed by power lines,telephone poles,fire hydrants,traffic/street signs,mail boxes,trees,buildings,barriers, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF light poles,or any other structure.Where encroachment is VAN BUREN,ARKANSAS,THAT: necessary,the minimum unobstructed width of the sidewalk shall be at least four(4)feet.The grades of sidewalks shall be such that SECTION I: Sidewalks shall be installed according to city standards and specifications,as abrupt changes of the grades greater than eight percent(8%)are adopted by the City Council herein and as amended,along both sides of all streets not encountered.When there is an existing or anticipated obstruction,the sidewalk shall be installed around the object and in all new residential subdivisions,and along one or both sides of all streets,as is applicable,in all other new commercial and industrial development shall provide the required sidewalk width. ''''"'"Ir...-'"''' o. Acceptance:Acceptance of the sidewalk section by the City shall be upon SECTION 2: Sidewalks shall be installed when remodeling of existing residential,commercisl issuance of the certificate of occupancy for the structure or the lot weere the sidewalk ise installed.uo multiple lots are purchasedkfrom and industrial structures meet or exceed 50%of the Crawford County Assessor's the developer,by one party,but not built upon,sidewalk assessed value of the structure. construction shall be built for each lot. SECTION 3: Where exceptional topographic conditions or other extraordinary situations or SECTION 5: The attached City of Van Buren sidewalk standard drawings and standard cross- conditions of a piece of property prohibit sidewalks from being constructed in sections are hereby adopted. accordance with city standards and specifications,a variance may be applied for SECTION 6: Any prior ordinances in conflict with the provisions of this Ordinance are hereby through the Planning Commission in accordance with the procedures for repealed. Ordinance No.5-1997 is not repealed,only modified as set forth specifically requesting a variance in the VanBuren Zoning Code. herein. SECTION 4: Previous standards for sidewalks adopted pursuant to Ordinance No.5-1997 are SECTION 7: The various provisions and parts of this Ordinance are hereby declared to be hereby modified as follows: severable,and if any section or part of a section,or any provision or part of a provision herein,is declared to be unconstitutional,inappropriate,or invalid by Sidewalk Specifications for Van Buren,Arkansas: any court of competent jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared a. All work shall be performed in conformance with the latest American to be severable. Concrete Institute specifications,the latest Arkansas Fire Prevention Code,and with the attached City of Van _ IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, Buren sidewalk standard drawings and standard cross-sections. b. Concrete: Shall be Portland,having a compression strength of 3,500 lbs.per approve,and adopt,by a vote of In for and Q against the foregoing Ordinance at its regular meeting square inch in 28 days and 3-6%air entrained.No additional water may held on this 17'''day of August 2015. be added at the job site.An admixture may be added to improve the workability. c. Depth: Not less than four(4)inches thick. Rd. Width: Sidewalk shall be a minimum of five(5)feet in width and shall be M art .F _ Mayor built inside the city right-of--way. Greenspace shall be within the remaining area between defined sidewalk and curb. e. Sub-grade: Sub-soil shall be compacted to 95%standard proctor density or per ATTESTED: a" r 1 ! ORM: the approval of the City building inspector.A density test shall , ' V be taken at a frequency no less than one(1)per lot or one(1)every � � t •r, eighty(80)linear feet,whichever is greater. Barbie Curtis`''�'t. Candice A.Settle - City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE MAKING AN ELECTION TO ALLOW SURVIVOR BENEFITS FOR SPOUSES WHO REMARRY UNDER THE LOCAL FIRE PENSION FUND; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Sparkman moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Parker. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Dodd moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Sparkman. The council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. The Mayor asked if there was any discussion. Mayor Freeman explained that the city has two fire pension funds, the old local plan and LOPFI, which LOPFI administers both. As of now, we only have about seven or eight firemen still on the old local plan. Alderman Dodd asked if the fire and police were ok with this change. Fire Chief Jerry McAdoo replied that all remaining firemen from the old local plan are ok with this change. Mayor Freeman clarified that this will only affect the firemen that are still on the old local plan and will not affect any firemen on the new LOPFI plan as well as any police officers. The Mayor then put the question, "Shall the Ordinance pass?" Motion was made by Alderman Parker and seconded by Alderman Sparkman to adopt the Ordinance. On the Clerk's calling the roll,the following vote resulted: Ayes—Alderman Parker, Petty, Moore, Swaim, Dodd and Sparkman.Nays—none. The Mayor declared the motion carried as there were six(6) ayes and (0)nays. Four(4)votes being necessary for passage. Motion was made by Alderman Swaim and seconded by Alderman Moore, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes —Alderman Parker, Petty, Moore, Swaim, Dodd and Sparkman. Nays—none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 11-2015 CITY OF VAN BUREN,ARKANSAS SECTION 2: The City Council recogoim.s that the Arkansas Local Police and Fire Retirement ORDINANCE NO. j1-2015 System(LOPFI)is the administrator of the Local Fire Pension Fund(Local Plan). Therefore, the Chief Administrative Officer is hereby authorized to provide BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, LOPFI an approved copy of the Ordinance approving the election for this Local ARKANSAS,AN ORDINANCE TO BE ENTITLED Plan. To ensure equity for all eligible participants of the Local Plan,the effective date for this election shall be January 1,2015. AN ORDINANCE MAKING AN ELECTION TO ALLOW SECTION 3:It is the intent of the City Council and it is hereby ordained that the provisions of SURVIVOR BENEFITS FOR SPOUSES WHO REMARRY this Ordinance be codified into the Code of Ordinances of Van Buren,Arkansas UNDER THE LOCAL FIRE PENSION FUND;DECLARING and the sections thereof may be re-numbered and re-lettered as necessary to AN EMERGENCY;AND FOR OTHER PURPOSES. accomplish such intention. WHEREAS, Arkansas Code Annotated §24-11-105 authorizes municipalities to elect to SECTION 4: Due to the need to promptly implement this election for the Local Plan,an allow spouses who remarry after they begin receiving benefits under the Local emergency is hereby declared to exist and this Ordinance shall be in full force Firemen's Relief and Pension Fund to continue receiving survivor benefits;and from and after the date of its passage and approval. WHEREAS, the City Council desires that spouses who remarry after they begin receiving IN WITNESS WHEREOF,the Ci benefits to continue receiving survivor benefits. City of Van Buren,Arkansas,by its City Council,did pass,approve,and adopt,by a vote of�( for and Q against,the foregoing Ordinance at its NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE regular meeting held on the 17 h day of August 2015. CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1:The City Council hereby authorizes the election pursuant to A.C.A.Section 24-11- 105 to allow surviving spouses who remarry after they begin receiving retirement benefits to continue to receive survivor benefits. This election is intended to Robert D.Freeman Ma ensure an eligible surviving spouse of a retired member of the Local Fire Pension Fund will continue to receive the monthly retirement benefit the surviving sponseATTESTED: gilt - TO FORM: was otherwise entitled to after remarriage. AIVAlet GJ � s III Barbie Curtis Candice A.Settle City Clerk/Treasurer - City Attorney Next, the council voted to adopt a Look Back Period for the Affordable Health Care Act. Mayor Freeman explained that the Affordable Health Care Act requires insurance to be provided for all full time employees if you have more than fifty employees. He also stated that the definition of a full time employee is someone who averages over thirty(30) worked hours per week. The purpose of the look back period is to at the end of the period look back over the entire period and evaluate if there were any employees that should have been covered on insurance. A motion was made by Alderman Petty and seconded by Alderman Swaim to set the period for January 1 to December 31. The council followed with a unanimous vote. Next on the agenda was Boards and Commissions. The Van Buren A&P Commission recommended the reappointment of Debbie Foliart to serve another four year term. Alderman Parker seconded by Alderman Petty made a motion to grant the nominations. The Council followed with a unanimous vote. , Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd and seconded by Alderman Swaim to appropriate the sum of$ 1,262,570.44 to pay expenses and salaries for July 2015,presented by the City Clerk. The Council followed with a unanimous vote. . 8-06-2015 10:26 AM CITY OF VAN B URE N PAGE: 1 FBALANCE AS OF:: ,t1LI Jrbr, 2b15 10 -General;Ind "' MONTH TO DATE "' **' YEAR TO DATE "* $$$ ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 68,088.97 266,004.11 1020.01 Cash In Bank-Ins. Reimb. 0.00 0.00 0** 1020.03 Cash In Bank-ASP'sswalmart Gra 0.00 79.24 1020.04 Veterans' Memorial-Act 934 0.00 10,290.01 ,061 ,963•06+ 1020.05 2009 Byrne Recovery Grant 0.00 0.000 1020.06 2009 Byrne Grant 0.00 0.00 1 ,867•63+ 1020.07 2007 Byrne Grant 0.00 0.00 109,407-99+ 1020.08 Cash in Bank- Storm Damage 0.00 0.00 35 + 1020.09 District Cout Grant-Mediation 0.00 86,356-21 + 25.00 1020.10 Cash in Bank - HDC 244.75 1,123.41 1020.11 Cash in Bank-KVBB 1,700.00 3,400.00 2;075-55+ 1020.12 Emergency Management Fund 0.00 0.00 006 I 1020.13 Cash In Bank-ACT 833 20,890.73 148,245.00 1 ,262,570•44* 1020.14 Court Automation-District 1,161.36 74,639.08 1020.15 Cash in Bank-ACT 1314 0.00 0.00 1020.16 AR Dept of Rural Services 0.00 0.00 1020.17 New Police Dept 0.00 1,476.18 1020.18 Cash in Bank - PD Co Tax 4,343.76 40,326.47 • 1020.19 Cash in Bank - FD Co Tax 23,681.78 136,456.20 1020.20 Cash In Bank-Erosion Control 200.00 17,500.00 1020.21 Cash in Bank-CPAcademy 0.00 101.19 1020.22 Cash In Bank-PEG Grant 0.00 10,000.00 1020.27 Cash in Bank - Levee 2,450.00 9,039.93 1020.28 Marina Repairs 0.00 10,495.60 , 1020.29 Property Maintenance-Scrap 0.00 64.9 1020.30 Field of Dreams-Equipment 96.60 294.94 1020.31 Cash in Bank- Parks & Rec 0.00 1020.32 GIF 136.72 _ 24,910.99 89.43 , 1020.33 Cash in Bank-Yard Waste 6,046.27 163,630.57 1020.51 Cash in Bank- Cemetery 2,658.58 3,626.66 1020.91 Cash in Bank- Cap Imp 8,272.32 1,019,903.13 £' 1040 Investments 'g.j. 0.00 0.00 1040.10 Investments - Sales Tax City 0.00 0.00 1040.18 Investments - PD Co Tax 0.00 0.00 1 1040.19 Investments - FD Co Tax 0.00 0.00 1040.27 Investments - Levee 0.00 0.00 • 1040.31 Investments - Parks s Rec 0.00 0.00 1040.51 Investments - Cemetery 0.00 38,752.59 1040.91 Investments - Cap Imp 154.29 375,590.86 1050 Fixed Assets 0.00 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 1520 Due from Street Fund 0.49 0.49 1540 Due From Library Fund 0.00 0.00 0.00 • 11 11 LIABILITIES AND FUND BALANCE 1!1 I 1 I l; Next Police, Fire, Building Inspector, Public Works/Planning, and Ambulance Reports were presented for filing. There being no further questions or changes, the reports were filed as submitted. Next on the agenda was Miscellaneous and General Discussion. The council had a request from First Baptist Church to close Cherry Street between 12th and 13th Streets on August 19th from 5:30-8:00 pm. Motion was made by Alderman Sparkman and seconded by Alderman Parker to approve the request. The council followed with a unanimous vote. Mayor Freeman asked the council for a special called council meeting on September 28th to discuss worker's compensation policy, health insurance, and catastrophic leave policy. Mayor then mentioned the Washington Street project was advertised last Satruday and will be advertised again this Saturday. After that we will open up bids and possibly have another special council meeting to approve those bids. Also, 28th Street paving was complete a couple of weeks ago. Jason Lansdell who resides at 1303 North Hills Boulevard appeared before the council regarding drainage issues. Mayor Freeman informed Mr. Lansdell that the problems lies in pipes that are not the city's. He explained that the city can rip out the old pipe and leave Mr. Lansdell with a ditch for drainage, but a new pipe cannot be reinstalled because there is nowhere to pipe it to. Mr. Lansdell mentioned that if the city removes his pipe then the pipe would have to be removed all the way down the street across four other properties. City Attorney Candice Settle did advise that although the city does not have a high risk of litigation for this issue, if Mr. Lansdell was to just rip up his pipe and caused a drainage issue with one of his neighbors,then he could be subject to litigation. Mayor Freeman agreed that removing just Mr. Lansdell's pipes would not be a wise decision and encouraged Mr. Lansdell to speak to his neighbors regarding having all the pipes removed. There being no further business, motion was made by Alderman Parker and seconded by Alderman Dodd to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 6:16 p.m. ATTESTED: AP 'RO D: eaktdj . CITY CLERK-TREASURER MAYOR