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City Council Meeting Minutes - 10/4/2010

COMMON COUNCIL 

OCTOBER 4, 2010   7:00 P.M.

 

THE PLEDGE OF ALLEGIANCE WAS GIVEN BY EVERYONE IN ATTENDANCE.

PRAYER WAS GIVEN BY SANDY YORK, CALVARY BAPTIST CHURCH MEMBER.

DIRECTOR DAVIS OPENED THE MEETING OF THE COMMON COUNCIL.

 

ROLL CALL:

SANDY YORK                                              PRESENT                  

ANGIE GOODMAN                                      PRESENT

JAMES KIDD                                                 PRESENT

MARY MALONE                                          PRESENT

MARK KOGER                                             PRESENT

VAUGHN REID                                            PRESENT

RICHARD HAHN                                         ABSENT

 

MINUTES WERE APPROVED AS PRESENTED.

 

RESOLUTION:
AUTHORIZING TEMPORARY ONE-WAY STREET DESIGNATION (OPEN ARMS CHURCH) WAS READ IN FULL BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS RESOLUTION.  COUNCILADY GOODMAN: SECOND

DISCUSSION: COUNCILMAN KIDD SAID WE HAVE DISCUSSED THIS BEFORE AND NONE OF THE NEIGHBORS OBJECTED.

ATTORNEY COPENHAVER SAID A LETTER WAS SENT OUT AND THE NEIGHBORS SIGNED.  A COPY OF THE LETTER IS ATTACHED.

 

ROLL CALL VOTE: SIX VOTES AYE.                           PASSED AND ORDERED.

 

ORDINANCE #3602
AUTHORIZING THE CITY TO ISSUES ITS TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2010 AND APPROVING OTHER ACTIONS IN RESPECT THERETO (TIF BONDS ASSOCIATED WITH INDIANA AVENUE ECONOMIC DEVELOPMENT AREA).

     PRESIDENT YORK MOVED TO TABLE THIS ORDINANCE.  SHE SAID THERE IS A STEP THAT NEEDS TO BE TAKEN BEFORE WE CAN GO ON.  SHE SAID THIS ORDINANCE HAD TO GO BEFORE THE ECONOMIC DEVELOPMENT COMMISSION.

     ATTORNEY COPENHAVER SAID THAT THESE BONDS REQUIRE OTHER PUBLIC AGENCIES TO HAVE PUBLIC HEARINGS.  WE TRY TO CO-ORDINATE SO IT COMES OUT PERFECT WITH YOUR THIRD READING.  THE ECONOMIC DEVELOPMENT COMMISSION, ONLY MEETS WHEN BONDS ARE ISSUED.    THEIR PUBLIC HEARING IS TWO WEEKS FROM TONIGHT AT 6:45 P.M. IN THE COUNCIL CHAMBERS.    HE SAID THEIR MEETING WOULD BE RIGHT BEFORE THE COUNCIL MEETING SO THIRD READING WILL BE READ THEN.

     COUNCILMAN REID: SECOND.   ROLL CALL VOTE: SIX VOTES AYE.     TABLED.

 

 

ORDINANCE #3603
PROHIBITING TRUCK TRAFFIC TO CERTAIN STREETS WAS READ BY TITLE ONLY ON THIRD READING BY SANDY YORK.

PRESIDENT YORK MOVED TO PASS THIS ORDINANCE.   COUNCILMAN KIDD: SECOND   ROLL CALL VOTE:  SIX VOTES AYE.    PASSED AND ORDERED.

 

 

COMMITTEE REPORTS:

 

PRESIDENT YORK COMMENTED ON THE SIGN ORDINANCE.  SHE SAID THAT THE AMENDMENTS ARE BEING REVIEWED BY MAYOR SMALL.  THEY ARE NOT READY FOR TONIGHT.  THERE WILL BE NO ENFORCEMENT OF THE EXISTING ORDINANCE

UNTIL THIS IS RESOLVED.  SHE SAID SHE HOPED FOR SOMETHING TO PRESENT IN TWO WEEKS.

     MARILYN BOWMAN, MARILYN'S FLOWERS, SAID SHE WAS THE ONLY ONE IN TOWN THAT TOOK HER SIGN DOWN.  WHAT HAPPENS IF SHE PUTS IT BACK OUT?

     ATTORNEY COPENHAVER SAID IF SHE PUT HER SIGN OUT, SHE WOULD NOT BE CITIED.  HE SAID HE COULD NOT GIVE PERMISSION TO HER TO VIOLATE THE ORDINANCE, BUT HE COULD TELL HER NO ONE WAS GOING TO WRITE HER A TICKET.

 

PAUL GILLOCK, 2700 LYNNDALE, SAID HE HAD BEEN COMING TO COUNCIL 2-3 YEARS COMPLAINING ABOUT THE WATER ISSUES COMING ON HIS PROPERTY.  HE SAID ON SEPTEMBER 1, HE FILED A CLAIM AGAINST THE CITY'S INSURANCE,

GETTING A LETTER BACK FROM SELECTIVE INSURANCE AND THEY SAID IN SPEAKING WITH THE CITY, THEY SAID THEY DIDN'T HAVE ANY ACKNOWLEDGEMENT OF ANY PROBLEMS WITH ANY SUBDIVISIONS IN THE AREA.  HE SAID THAT IS A LIE.  SOMEONE IN THE CITY LIED.  SOMEONE TOLD THE INSURANCE COMPANY THAT THEY DIDN'T KNOW ANYTHING ABOUT IT.

     ATTORNEY COPENHAVER TOLD MR. GILLOCK THAT HE WAS READING THE LETTER WRONG.  HE SAID WHAT THAT MEANS IS THEY ARE NOT ACKNOWLEDGING ANY VIOLATIONS, ANY LIABILITY.  THEY ARE NOT SAYING YOU DIDN'T RAISE THEM.  BEYOND THAT, HE SAID HE COULDN'T SAY.  IT IS UP TO THE INSURANCE CARRIER TO ADJUST THOSE CLAIMS.  THEY HAVE EVERY RIGHT TO ADJUST THOSE CLAIMS AS THEY SEE FIT.  YOU ARE MISREADING THAT LETTER.  THEY ARE NOT SAYING YOU DIDN'T REPORT IT.  DON'T THINK THE CITY GAVE THEM FALSE INFORMATION FOR THEM TO COME TO THAT CONCLUSION.  WHAT THEY ARE SAYING, AFTER THEIR INVESTIGATION, THEY HAVE CONCLUDED THAT THE CITY IS NOT MONETARILY LIABLE FOR YOUR DAMAGE.  THAT IS THEIR CONCLUSION AND THAT IS THEIR RIGHT.  THAT IS WHY WE PAY OUR PREMIUMS FOR.

     ATTORNEY COPENHAVER SAID THERE WAS A LADY AT THE UTILITY IMPACT BOARD WHO LIVES IN YOUR VICINITY AND SHE WAS VERY UPSET OF THE THINGS THE CITY HAS DONE TO TRY TO REMEDY YOUR SITUATION.  THIS HAS ALL BEEN TURNED OVER TO OUR CIVIL ENGINEER.  THEY ARE LOOKING AT THE PROBLEM.  IF THERE IS A WAY WE CAN REMEDY THE PROBLEM, WE WILL WITHIN REASON.  WE EXPECT THEIR REPORT BACK TO US WITHIN 30-60 DAYS.

     ATTORNEY COPENHAVER GAVE A LISTING OF HOUSES THAT ARE ON THE DEMOLISHING LIST.  NOTICES HAVE BEEN SENT OUT TO COMMENCE VERY QUICKLY, 30-60 DAYS ON PROPERTIES AT:  1601 H AVE. AND 1417 SO. 19TH ST.   WE HAVE FILED LAW SUITS IN SUPERIOR COURT 2 ON PROPERTIES THAT HAVE MORTGAGE LIEN HOLDERS.  1424 S. 19TH, 1800 N. THORNBURG, 1613 LORTON, 1325 J AVE., AND 3 OTHER SUITS WILL BE FILED THIS WEEK.

     COUNCILMAN KOGER ASKED HOW LONG IT WOULD TAKE AFTER YOU FILE THEM.

     ATTORNEY COPENHAVER SAID ASSUMING THERE IS NO ONE OBJECTS, HE SAID HE HOPED BY THE END OF NOVEMBER.

     TIM ALFORD,  CHERRYWOOD AVE., SAID HE AND HIS WIFE HAVE A HOUSE NEXT TO THEM THAT IS EMPTY AND FALLING DOWN.

     ATTORNEY COPENHAVER ASKED MR. ALFORD TO SEE THE BUILDING INSPECTOR AFTER THE MEETING AND GIVE HIM THE INFORMATION ABOUT THE HOUSE.

 

PRESIDENT YORK MOVED TO ADJOURN.

COUNCILMAN REID: SECOND