City Council - Regular Meeting

[Music] Back this time. [Music] I went out there. [Music] I have [Music]

It's 8:30. about 18:30 6:30 and I'll call this meeting to possibly Mr. Hall. Would you give us a prayer for this meeting? Our

living heavenly father we come to you and recognizing your place in our lives importance of following your will and your guidance and we pray that you would give the counsel uh discernment of direction and decisions as we are called to make them. We thank you for each employee and each person who serves our community. And uh we just pray Lord that you would continue to to help our community to to grow in a way that would be beneficial to each one. We pray we pray Lord that you would minister to us as we minister to one another in Jesus name. Amen. Amen.

Join me in the pledge of allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Thank you. [Music] Call member Hall here. Council member Chapman here. Council member here. Council member here. Council member Brook here. Council member Rubble here.

We have quum. First on agenda night is reprove review and approval of council meeting minutes. First is June 17th meeting minutes. I entertain a motion to approve as presented. I make a motion that we approve. Let's do them one at a time. Let's do June 17th. Second. All those in favor say I. I. Any oppose? Next on agenda is June 24th special meeting. Take a motion to approve. No motion. Second. Second. Any discussion? Hearing none. All those in favor say I. I.

Opposed. Motion carries. Thank you. Next on the agenda is the department reports and financials. Uh no financials for June. We'll get them next month. I'd entertain a motion to approve the department reports as presented.

Motion motion. We have a second. Any discussion? Hearing none. All those in favor say I. I. Any oppos? Motion carry. Thank you. Next on agenda is planning commission. Miss Aaron come forward. Good evening. We had a full uh agenda last month again. So, I'm just going to look at the thing. Uh we had a variance for an accessory dwelling unit behind 1020 at West Second Street. Um the daughter wants to put a tiny home behind her parents house so that she can be closer to them to care for them. So, we went ahead and approved that and it also falls in line perfectly with the new ADU that the state's going to be in August, I believe. Yeah. So, there was no need to deny it when it was just approved next month on that.

Right. Next thing that we had was another uh what was a variance for an RV use gentleman at 214 Spring Street. His daughter's home burned down in Oklahoma and they're asking to for her to live in RV in front of his home while her husband gets their affairs in order down there. So, we approved that. I believe six months.

And then lastly, uh we approved several things on 108 the call station.

The call station. Um so England excavating. He's buying that specific part of it and he wants to be able to keep it gravel instead of having to pave it as per code because his machinery that he's going to store there will tear up the concrete anyway. So there's no reason in him putting that in. So we we thought that that was okay. So we approved the variance for a waiver on the pave parking and then we also approved uh wood 8 foot wood fencing as a screen. Just as clarification, it's a commercial bud. We can't say residential. Commercial property has to put a fence. Planning commission has to prove what type of fence goes up. They prove the nature.

And also, um, they're still waiting on some block plans and surveys. So, if they need a variance for a 25 foot setback for the fence, then we would, um, we we approve that if needed. All these were variances and they don't approve them by the council. I have a question on that. Okay. So on the the variance for the gravel, you said that property butts up in several residential during this time of year. What kind of issues that going to cause with the neighborhood with dust and everything else moving around on gravel?

No difference. It already is to truth is not going to approve the property not prove the lo and it's not daily work charts that he's going to be using. It's for heavy equipment that he uses. So his hope is to not ever have heavy equipment there so that he's always busy and it's out on you know properties on site. So it's just to park it there and then take it when he needs it for a new project. The front has already got sement on for his trucks for administrative things like that. All right. And the previous thing on the uh meeting minutes was the final plan here. So with that I made a motion to approve the plan commission meeting as she presented. Motion second motion. All in favor say I. I carry secondary. wastewater advisor committee has come with any other uh we met last night and we got to look at the new forms that they're utilizing in the water office for new um

customers. Thank you. And um we also discussed um some things that we're sending out for information to the community and uh we will not meet again until September.

Good. Thank you. Any questions for moving forward? Old business orders 202510 time please. an ordinance establishing procedures for permitting, review, and placement of accessory dwelling units within the city of Ward establishing fees associated with the same and for other purposes.

Council's third reading for this um the state law will come effective August 5th. If approved tonight, this will go effect 30 days after today, which will be a little bit after August 5th, which is is okay. We can deal with that. Uh but this just puts into motion our procedures for enacting that law. That item motion to uh uh approve on a third reading motion. We have a second. We have any input public input. Hearing none. Roll call, please. Council member Hall. Yes. Council member Chapman. Yes. Council member McD.

Yes. Council member Hefner, yes. Council member Brook, yes. Council member Rele, yes. Order 202510 and approved on a third reading. I'd recommend entertain a motion to approve it. A motion. We have a second. Second. Roll call, please. Council member Chapman, yes. Council member McMahon, yes. Council member Heer, yes. Council member Brook, yes. Council member Ripple. Yes. And Council Member Hall, yes. Ordinance 202510 has been approved to go effect in 30 days.

Next on the agenda is an update on the 50 acre lease and property on Highway 31. Council, if you're a member, it says please on Highway 31. 50 acres flat is complete with a protective wellhead. Used to have a a pump out there for water from. Um we talked about last time possible uses solar farm and that's not likely that it's too large for first letter and not close enough to a substation to begin with. Um also possible uses just let go of natural habitat leasing for hay. It's currently leased. Well, we've terminated the the lease. Uh we can reinstate lease with neighbors or whatever. Lease purchase plan or sell outright and we still have to probably detect the wellhead by state. Um did have it appraised appraised for $340,000. Council open the floor for discussion. What would you like to somebody want to lease it?

There's there's a party that would like to lease it for same amount and leasing it is fine. keeps it in our name and uh they maintain it. That's part of the problem back in the years with anybody to maintain it and cut the hay off of it. We tried to go out there and do it. Frank could attest to this. It was the old build 50 acres. It would tear up tires and all kinds of stuff. So if we have them lease, they take care of it, which is fine. Uh and that's actually my recommendation is to uh authorize each to at least with a someone to continue use it for how you and

he lives right next to it. Yes. Pardon me. Where is it at? You know where Charlie is? You go out and turn right back just south of the game and fish. needed us years ago for make. Okay, we got a motion. Second, a second. Any discussion? Price. Same price. $15 later. We're not We're not there to make money, but uh it's well worth them to cut it instead of us and they're maintaining the whole thing. Yeah, exactly.

And we keep it under price. Yes. The motion needs to be the $15 an acre. $15 an acre. Modify your your make a motion for lease agreement for $15 an acre. $15 an acre. Got a second. Second. Discussion. All those in favor say I. I. Any opposed? Motion carries. Council. Next on the agenda is resolution 2025-22. title, please.

A resolution accepting CK Asphalt as the low bidder to overlay Campbell Street, Cross Street, Mil Street, authorizing and appropriating funds and authorizing mayor and or city clerk to sign appropriate documents for the project. Yes, we had a bid on this had a bid opening biders in your packet was a copy of the low bid sheet. We had two biders. Um, one was this one's 91,438. The next bid was 152,12. [Music] Motion to accept the bid.

We have a motion to accept the bid. Approve resolution 204522. And we have a second. Any discussion? Any discussion? Hearing none. All those in favor say I. I. Any opposed? Motion carries. Thank you, council. Next on the agenda is resolution 202523. We title, please. A resolution authorizing the mayor and/or city clerk of the city of Ward to apply for a grant on behalf of the city of Ward entitled community assistance grant for the city of Ward ADA compliance project.

Council, this is part of the modernization here. We have an opportunity to put in this grant that will pay for the glass partial if you remember glass entry area between the city council and the main building and ADA front doors and ADA uh bathrooms to the U call that the community assistance grant that's out. There's quite a bit of money out there for this and CD will be putting this in for us and approved. Motion motion. We have a second. Second. Any discussion hearing? None. All in favor say I. I. Any oppose? Motion carries. Thank you very much. Next on agenda, resolution 204524. Read the title, please.

A resolution authorizing the mayor and/or city clerk of the city board to apply for a grant on behalf of the city board entitled community assistance grant for the city of Ward emergency water tank remediation project. C. If you remember, we have a we have a actually approved low bidder to finish the paint and clean our tanks. This possibly if approved will pay for most if not all of that project. So motion motion second. Second. All those in favor? Any discussion? All those in favor say I.

I post motion carries. Next on the agenda is a review discussion of the 2023 legislative audit results. I assume each of you got a packet from them. I assume you probably didn't read it. No, by law now we have to go through a few of the things. Actually, used to we can just say got it good. But now we have to actually go through the things. So bear with me as we go through a few of the items that were discussed on the on the care machine. First and foremost, we had no writers. That's over. But there's some things that we have to go through and make sure that we understand. The first one was significant risks identified. We have identified the following significant risk. We identified management overrides of controls as a significant risk. We're required by professional standards to give a special audit consideration to management of to management override of controls. I asked the question, what does that mean? And the auditor sent back this new auditing standards were issued a few years back and it require us to communicate any significant risk that we identified to those charged with governance but with governance understood and understand those matters and why they require special audit consideration. Management override controls has always been a significant risk with every audit that we do. In the past we documented this in audit paperwork and did not include it in a letter that received by council. The new professional standards requires to list it in in government's letter. Management override of controls will be listed in audit letter sent to all business. Basically, when our CPA changes a entry from one where it's supposed to go to where it needs to go, that's an override and it's it's say that. Okay. Next on uh qualitative aspects of accounting practices. Management is responsible for

selection and use of appropriate accounting policies. No new accounting policies were adopted and the application of existing policies including estimates was not charged was not changed during the year. We noted no transactions entered into by the government governmental agency unit during the year for which there was a lack of authoritative guidance or consensus. All significant transactions have been reconcileized in the financial statements in proper period. Financial statements disclosures are neutral, consistent and clear. Next, significant unusual transaction standards required to communicate to you significant unusual transactions identified during our audit. No significant unusual transactions were identified as a result of our audit. Difficulties encountered with a form of the audit. We encountered no significant difficulties in dealing with management in performing or completing our audit. Corrected and uncorrected misstatements. Racial standards requires to accumulate all known and likely misstatements identified during the audit other than those that are clearly trivial and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the mistments detected as a result of the audit procedures and corrected by management or material either individually or the aggregate to each opinion to each opinion unit's financial statements taken as a whole. And finally, disagreements with management. For the purpose of this letter, a disagreement with management is financial accounting reporting and or auditing matter whether or not result to our satisfaction that could be significant to the financial statement or audit report. We are pleased to report that no such disagreements arose during the course of the audit. There you go. You have been so told. With that, I'd entertain a motion to accept the legislative audit report for fiscal year 2023 as provided to you and as discussed.

Make a motion. Have a motion. We have a second. Second. Any discussion? Discussion carried out. All those in favor say I. I. Any

oppose? car. Very good. Next on the agenda, discussion on the 404 East second property. If you're familiar, that's that. It's the co-op, if you will, or water off building. We had it appraised along with the 58 just to see what it would bring. And the appraisal amount of that is $200,000. Now, council, open for discussion. talked about trying to sell it, uh, cost of rent of it, uh, keeping it instead of using it, doing nothing right now. Just see what happens in the future. Are we using it now?

We are kind of using it. There's some storage in there. We're going to use it for any operational need. There's some water equipment in there. Fact is, we're selling that soon because police chief need when they bring in the uh cars including the camera. We use part of that to do that. So that is that just for the building that and the lot set on or is that for the whole that's for all all the gravel area? Yep. Yep. All the gravel area building. I think a lease would be nice to consider. We can open it up. advertise for lease. That's what is to the council.

I think 200,000 point that's what kind of council motion of approval. We'll put it up for lease and see what happens. Second. We have a motion in a second to uh authorize the mayor to uh when the police chief is done with it. Okay. I authorize the mayor to your motion to authorize the mayor to entertain advertise to come back to you for release approvals. So we have a motion right second on that. Any discussion hearing none

I would have question I would have a question how would how do you determine the fair market value of that I didn't talk over the leasing. We have to see what the lease forward to who? Okay, we got a motion and second on the floor. All in favor say I.

I oppose. Motion carries. Next on the agenda is my report sidewalks project four phase four from Chancellor Casten. We did obtain the RO right away and put it on paperwork. When they discovered additional utility issue after all this was said and done, after this had been approved, what came through all the easements, five optics, and now we have five pedestals in a way. So, we got to work on that. Sidewalk phase five down Brewer Street. Still waiting for Ard to approve the scope. Uh phase six across railroad track has been submitted. Haven't heard anything about that. Wast water rehab department health has finally approved those plans getting pushed by agency and ARC to bid out. If you remember council uh that's the $796,000 grant or excuse me loan that we got them that we don't have to take if we don't want to but we see what what the cost is first and then we'll cross that financial bridge. We also got 500,000 from the ADC on this project. We want to take rehab. We are waiting on the contract. So, we go forward that. And like I said before, we did put a grant or we are putting a grant application in to ADC to possibly pay for a portion of all tank demo estimated $150,000. The loan bid came in at $667,000. I rejected that bid and we are simply in time to close that tank off and no longer use it. Overlay of M. We're waiting on the contract on that. You approve the the resolution tonight council court room. It's about 95% complete. I suspect we have our next meeting of that room and

our meeting will be the first meeting we have that road court go there first. It's going to be us. So sorry for the judge there too. So anyway, street age uh project submitted. Waiting for them to make decision in January. Sports complex LED replacement project has been submitted. City Hall 88 upgrade was talked about kind of the vehicle cam project is going to be soon July 28th. I think they start doing the

20 the week to the 28th when they're doing the install. So that's still waiting on the live feed camera in October. uh UDO uh master land use map and resoning map. It'll be presented to the planning commission uh this month and then I've already scheduled public hearings for August 13th and 16th u for the public to hear these changes. No major issues are found or brought to our attention. It should be presented to council for approval to start the approval process next month. And if there are major issues, then we'll have to go back find a commission that start the EV and EV chargers RFBs have been uh completed uh they're going to run on 20th and 27th July with bid opening on August 11th and conversion. I've said that already. We're still waiting for a opinion from the AG on fire districts. And I'd like to also announce that there's a new restaurant coming to town in the Old Rocks Bait Tackle. It's going to be Jalapeno's Mexican grill. Talked to the owner today as I've been in there. He's really changing on this side. Looks very nice. Look forward to it. He's very passionate young guy. I think it'll be good. And I welcome another sit down restaurant. [Music]

Not at this time. Mayor, do you know what the target date is for restaurant? End of July 1st. August. Yeah. Couple loose problem. Yeah. Very nice guy. I wish the best work for him. They will. And they put some You drive by, they've got a a fence out on the side. They'll put some outdoor seating out there. So, it'll be nice, something new. And that is my mayor's report for today. Uh I notice we have one person signed up to speak. Jay, you want to come up? If you don't mind that I still sit. I just had surgery.

Speak loudly so the camera. Okay. What's going on on the 319 with these broken telephone poles and wires hanging on the trees? That's like going on a year now. 319 where sir? Right outside street. More street. More street. Right across the gas station. Yeah. Here come the comet from the gas station to the uh and we got been snapped in half and wires just hanging there. Oh, I do remember four straight. That's good for

And the other question I have is I haven't been here in a while and I respect everybody for what they do. I gave you a list of things that people said to be done. Nothing's been done. It's minor stuff, but just again trash, dangerous stuff. Why hasn't anything been done? That's all I hear about. We do a lot of things, J. What? He said we did a lot of things done, not necessarily some things. Not one thing has been done and these pictures were taken open three years ago. I'm not talking. I'm talking about the metal thing that a kid's going to cut his leg on. Stuff like that. How about the uh the metal telephone, right? Yeah. It's just a lot of stuff. It just looks hard.

We can't hood it since they notified and according to information I found out, nobody's been notified. And the exact words they said somebody would call us and tell us what's going on. We take care of it. I'm not that privileged for them to put in a work order. The city is you gave me that contact advice, but apparently I didn't contact the right person. Well, you know how it is. You talk to somebody and says one thing. But the thing is these things haven't been done. You know why? Give me your contact information. You want to call if you would. I appreciate it. All right. All right. Anything else, sir? No. Don't understand why nothing's been done. Thank you, sir.

You've been here in 6 months. I It's the same old story. Do we have any comments from the council? Sean, did you have something good?

Yeah. had somebody approach me about the fireworks. They have a concern with the safety especially in some of the neighborhoods for the houses closest closer together about they observe people shooting fireworks underwerned [Music] about that. [Music] I had a call last Sunday talked to an individual that neighborhood was concerned about debris falling his yards and stuff and he also talked about people mowing their yards and throwing the grass out of those streets. big conversation and to your constituent, you know, several years ago, we as council approved shooting of fireworks off time during July 4th, New Jersey. And it was basically because it was going to happen anyway. It was happening and it kept our law enforcement from having to respond to those calls of illegal fireworks going off during this time period. uh it just it didn't make any sense because they couldn't keep up for whatever reason. I sympathize with people whose neighbors are not cleaning up after themselves. You can't bring behavior like this. I think I think allowing law allowing people to keep up. I think this year we had less problems with fireworks. I didn't stop on July 3rd. I stopped on weatherwood and some people were on their driveway shooting off all kinds of stuff and I uh identified myself and told them you couldn't do that and and it was a fine got in and this is your warning and cops come down here they

might write you a citation talked to one of our on duty officers that 10 minutes afterward know what I did he had talked to him the day before I said okay at your discretion you roll over next time that's whatever you think's right but I don't know if they did it up the next day today or later, but a lot of times people just don't understand even though we even know our officers go around and tell them or even I tell them they didn't know but I personally I think it's it's good that we allow it.

I have a question. Is there any way to be um I'm just thinking to be creative would would it be something that we could allow or set up so that neighborhoods like if there if so many neighbors didn't want that to happen in their neighborhood say that they're you know what I mean they're in a small neighborhood on top of each other all majority of that neighborhood petition to say they wanted that set the zone to not have fireworks shut off because they're so close. Yeah, like the speed bumps. That's exactly what I was thinking about. I suppose that's a possibility. But well, it would be then what do you how do you enforce that?

Be a whole neighborhood. That's what I'm saying. If you park in Huntington Street,

I mean, I'm not saying it's not a bad idea, but it's kind of speed bumps. Well, like with the speed of what I was meaning that is that that kind of puts it back onto constituents for them to rally together and say we don't want this majority of us don't want this. So that's what I'm saying because we were talking about like she had suggested if you had so many acres or whatever. So that's not really fair to be like you have this much you could but you you know majority of your neighborhood did not want that anyway. I don't think you'd need to give them an alternate place to

have an alternate place. Guess I can always come out to the park and after the parkdri [Music] was there a time I thought I read on our Facebook page there was a lot a lot of time what What was that time this year? What is it? Same. It's in the ordinance. I from 12 to 11:00 p.m. So 12:00 noon. I thought it said midnight. It may be on New Year's Eve. I know it's midnight or something.

So like 4th of July, New Year's Eve. It's from 12 noon until 4th July or New Year's Eve. Okay. I have Sure. What about Fourth of July? Okay. I was thinking it was the third day. I know it's the day before and the day of the day of from 10 to I think it's 10 to

I was just curious what that what that actual time window was. Was it one two or three days a two or three days? And I guess while you're looking at the second question is what if you have some fireworks they're not normal fireworks and they you'll go out on some of the city streets out this year people are good in our neighborhood people cleaned up after themselves but the year before man there was just all in the streets and the gutters and there one thing that you got to think about cocaine's been illegal since a long time right people still do it so you pass these laws that you can't have this and you couldn't have that it's not going to solve the problem people are still going to fire whatever they want and they're going to do it when they

all by making laws. All you're going to do is is bog down your law. They're going to be the ones running after cuz when they find when the citizens find out they ain't running on fireworks calls, they're going to start calling in shots, fire calls, you know, which requires officers to go there. Okay, I've got it. It's from July 4th from 12:00 noon to 10:30. December 31st at 12 noon to 12:30 a.m. We had July There was a discussion about that discussion about that. Okay.

I have a budget pertaining to fireworks. Is the UDO posted anywhere that I can pull it and read it all the changes? If it's not posted on I know it was posted on the website. Thank you. that in the I'd rather read it now than wait until it comes up.

You don't think I can read that much? Okay. Any other comments from council? I make a motion. Well, we got to go through them. All right. city office. No, they're not dates. Don't worry about it. I thought I'd enter motion. Motion motion. Motion. Oh, here's the plan commission on 28th opening of EV charging station DV1. The H UDO zoning land use uh public hearing 14 16 next council meeting. I suggest everybody go that. All right. Now we have a motion second. All those in favor say I. I.

We are done. Thank you. addition and sell