06/19/2018

[0:00:00] would you lead us in prayer sure and then please remain standing for the pledge of allegiance that will be led by all right dear heavenly father we thank you for this time of meeting father we thank you for this these facilities thank you for our city we thank you for our first responders we lift them up in prayer every day father father we pray for your discernment and wisdom on the items and the agenda tonight father you know and all the things we do we ask all these things in your precious name christ jesus amen i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with protecting justice for all okay can everyone can you hear me this thing sounds lower is it is it good okay first on the agenda this evening is the approval of the minutes from the june 5 2018 meeting mr bayern we approve the minutes of the regular meeting of june 5th 2018 with any additions deletions or corrections a second we have a motion ballroom maine second ballroom in brooks is there any discussion hearing yes okay that motion carries next on the agenda is a resolution for the award of a 5.2 million bank bid and this again is to um for the bank loan that will be used for the parks expansion projects that's been heavily discussed the last two meetings lord you all have the mid tabulations good for open day at four o'clock we received eight bids from local banks which you have in front of you and sometimes you'll see its recommendation to award the bid to trustmark bank at a rate of 2.81

[0:02:15] we have a motion by alderman brooks second of all wheeler is there any discussion right next to it with the annual four year payment the 1 million 392. oh yeah that'll be the same issue speaking of fees up front or anything they're all the same you mean no points right now any other discussion yes that motion carries next on the agenda is a resolution for sanitation fees mr nick manley this is just a resolution authorizing either a lien or the assessment for a um i mean assessment card adding for the sanitation piece that have not been paid and there'd be an opportunity to look here for the board for each one of these without the resolution for assessing a phase annotation fees is present on this date second we have a motion balance brooks second alderman kelly is there any discussion hearing none we're all calling autumn yes alderman kelly yes yes okay that motion carries next on the agenda is approval of emergency well repairs for green group and college road water plants yeah these repairs were needed to in order to get the water wells fixed and emergency repairs and i can't see the exact amount from here

[0:04:18] 66 0112 for college road 36541 for green group west yes 102 653 haiti yes tonight's a resolution authorizing eradication of these repair expenses for those water wells in order to maintain clean water for those areas we have a motion vulnerability pain second volume fluoresce is there any discussion hearing none roll call yes yes okay that motion carries next on the agenda is the general liability insurance policy renewal for fy18 through f119 for the july one brenden day mayor board this was emailed earlier this week we received on the 15th um your broker waits and pushes and negotiates with travelers and anyone else that we get it out to where he put it out to up until the last minute is possible um so we got it emailed it to you uh last week you see it's all right at about five percent increase um given the lines of coverages and that's across all for a total of five percent increase travelers we've got a great working relationship with them this does include workers comp we've got all lines of general liability law enforcement liability property auto and workers comp with travelers we've made that move to two years ago when we combined them all we've seen savings keep a flat rate in workers comp is good keep a flat rate across any lines is good but again with some of the lines we did see a total increase in five percent 4.9 but it's our recommendation to stick with travelers except this mr man will be appreciative forever since our general liability insurance agent second and workman's comp right you got a motion by alderman payne

[0:06:20] second ballroom brooks is there any discussion about a total about a 76 000 increase which policy is 1.46 to 1.539 any other discussion hearing non-roll call yes okay that motion carries next on the agenda is resolution to clean private property mr merriman we talked to the resolution granting authorization wheeler is there any discussion among the board there's a lot of um there's one two three four five six seven eight nine ten at least eleven what is this i just one big bank on that one they make it a piece of land yeah it's it's about one person it's multiple odds if they're not maintained as the developer's not i knew they were correct thank you vacant lot any other discussion among the board hearing none is there anyone in the audience that has a financial interest in the properties we'd like to speak hearing none yes okay that motion carries next on the

[0:08:22] agenda is our planning agenda is whitney cook yes sir the first thing we have on the agenda as a request for a conditional use permit uh for 8008 highway 51 north uh this is going to be your hard corner on the northeast corner of rascon highway 51. there's a building a structure there that has multi-tenant bays in it a lot of improvements were done if you look in behind it there's a an old car wash used to be a car wash that you could go through and wash your own you know your own automobiles with it's been said and empty we've had some violations on it prior to this owner taking over the property he's wanting to enclose it do some improvements to the building and do motor vehicle repair there um he could there's six bays he's going to open up the bays on each side put an office with restrooms and the middle and side it will be on rasco road the conditional use permit was approved by the planning commission as one year with a four-year extension pending annual between the retail building and the mini storage on the north side i know we've had issues in the past and at least i've been told i could be wrong but they were illegally this is always remain bacon we had any issues in terms of illegal motor repair in this one this owner has actually helped us and um a lot of vandalism a lot of trash and debris being dumped over there illegally um he's cleaned it up he's alerted us when he's found people so he's been he's been an asset to code enforcement uh prior to that though yes it was a problem that's what i want you to think mr mayor make a motion to approve item number one on the planning agenda as presented on the statement second on item one we have a motion model for kelly second of all we're in pain is there any discussion okay just one quick question is there going to be cars stored around the

[0:10:24] building no there's not going to be on-site storage there's not the only parking he's got he owns both facilities and the only parking is going to be up there with the retail so um modern vehicle repair which is what he sent me classified and under is is less than 24-hour parking everything has to be stored on the inside of the building as well and you can look if they scroll down there's actual architectural rendering of the improvements to be done um right there so the bays will remain the inside work will be gutted a little bit if you'll see the bottom architecture they've put the office complex in but there's no parking on the exterior at all any other questions or discussion on i have one hearing non-roll call alderman we have an application by stonecrest investments to amend the existing snowden farms pud specifically districts 18 and 21. this is going to be the area just the hard corner of the southwest corner of goodman and getwell can't really see it there but uh right here um where the lake is it's going to kind of wrap the lake and cbs pharmacy and kind of go to the interior a little bit uh the existing pud was a great put in 2005 it had a site layout where specifically everything had to go from the buildings to parking to the drives everything like that and it was all c4 zoning um we spoke with the uh the owners of the property and felt like removing that exact site layout would give a little flexibility to both the city and tenants that they were trying to market to and we also felt like mixed use was a better asset as opposed to just straight commercials a lot of property that may not want to all go commercial it may want to have mixed use buildings that may want to have office it may want to have something else inside this development and it was very restricted so um

[0:12:27] they took that suggestion and what they're doing now is asking just for these two sections to remove the site layout off of the pud and to convert the straight c4 zoning to mixed-use sounding uh it was approved by the planning commission unanimously i think there's a couple different drawings and then we'll show you the specific areas get one more down should there's your specific area it just entails that area right there mr mary i'll make a motion to approve item number two on the plane that's presented tonight second we have a motion bomber in florida second baltimore wheeler is there any discussion on item two hearing none roll call yes with alderman kelly yes yes yes and that motion carries on too item number three is an amendment to an existing pud the cherry hills subdivision which is going to be on the south side nebraska right east of sweeney you see the highlighted areas this is the north side nebraska road and the developer of the existing cherry hill is wanting to amend the pud and the subdivision itself to incorporate the north side it consists of 25.77 acres two phases in it all the lot sizes all the house sizes will be exactly the same as the south side it will also incorporate the split rail detailed fence and the sidewalk as you know will carry all the way over to swinney road questions from the planning commission you know one of their main concerns with the square footages so we did an analysis on the surrounding areas and the square footage that's building out here their minimum size is already larger when than what their minimum is required but it's larger than any of the subdivisions around it um lot sizes are medium density so they follow the comprehensive plan also there has been one change with um the initial layout and uh submitted we got on friday and it's just to shift one of the roads

[0:14:30] down back towards uh swinging road to the west a little bit due to some great issues on the property it's fine by us it was 250 feet set off from the subdivision entrance on the south side so it complies with our policy of 250 feet otherwise not there are no changes and we recommend approval mr mayor make a motion to approve item number three on the planning agenda item three we have a motion by herman kelly second ballerman brooks is there any discussion mr have that question uh whitney what are the flooding concerns over here i mean i drive by here all the time it's considerably lower than the street grade that entire area i know autumn woods has always had the flooding and i know we did the uh the drainage instrument the ditch back on that side so i'm assuming all this overflow is going to go into the same same ditch how will that affect this neighborhood and how how is it going to affect all the woods and what are our concerns there well without looking at a drainage analysis on i can tell you that it's on the other side from autumn woods and you'll see a creek if you see the blue mountain creek that's splitting the middle of this property it carries on and should connect up there where we did the fema detention area years ago and we had federal funding on it obviously we're pre and post development so it's up to them to ensure whatever water runs off of there now doesn't increase onto the adjacent properties either way it may be that they have to build up the grade and maybe that they have to deepen the creek line that's there to detain their water um but it's basically up to them to submit a grading drainage and a hydraulics plan to us but we'll have that over the civil link before any of the work starts to ensure that it doesn't impede any of the properties no flood zones see a lot of elevation changes and they designed it to stay off of the

[0:16:34] creek line um you see splitting there they've separated it out so there's actually that's why they faced it into two different areas because they didn't want to turn across that creek or unpack that creek line so it's going to maintain three the creek in the middle is just left it's it's it's taken out of the property that was one of the questions that planning commission had the part of that creek runs parallel to um rescue road and it's in part of the common open space and we've always concerns on where does the maintenance of that begin and where does it end it's a it's a public drainage way it's not in a public easement um so i don't know if that's something that we need to address from a city sign but the common open space that's going along rasco road their maintenance ends at the top of the banks so everything on the interior of the creek line where it takes on the water from over there by the fire station and where it drains through there um is not obviously it's not an hoa maintenance thing i do have the applicants in the audience if you want to ask any questions about it i would uh mike davis the reeves farm 6800. what uh what are y'all planning on doing i mean you're gonna raise elevation of course but uh what do y'all plan to do with the creek i just don't want to be down the road we're working on issues now from foreign developers and they did the right thing in the beginning yeah well the creek has been the creek was moved years ago prior to several years before rascal road was improved and so it's kind of grown up and created that created its own environment and it's it's on slope and so we're staying way away from the creek for the back of our lives and during the planning commission hearing whitney discussed the possibility of leaving the creek in a public maintenance easement so that it's not part of the homeowner

[0:18:37] association that they want to aren't equipped to handle maintenance so i think that's our intent is to just hoa to take care of the landscape type common area along the street and to concretely fall we've looked at the whole area from a detention standpoint this training basically goes almost all the way up state line road and we're looking at it compared to the design of the box culvert against under rascal and initially goes into the creek you see right along the optimus train and if right now our studies are showing that the box cover can handle it even after development but it turns out it doesn't and simply disagrees with our numbers we've got room within our design to put in detention basis if it's required and last thing how wide is it between uh i see there's two two phases basically but if they build a fence and on each side of the ditch how much rooms in between um it's about it varies because what we did is we did the topic yeah i see the lines a little bit yeah and we determine where the top of the bank is and then we gave us ourselves some room uh back off the top of the bank so it's it's it probably averages 50 50 to 60 feet long when you get in there yeah there's room for the for the creek to move around without affecting the launch that's the that's the intent okay any other questions or discussion on io3 thank you sir thank you carrying non-roll call yes okay the motion carries on

[0:20:46] three item number five or i'm sorry item before uh was the tabled item uh which was the variance application um at the last board meeting concerning a variance to a hand car wash located at 7800 highway 51 north uh we did receive all the documentation at this point in time um and we would recommend that the variance yeah take off oh select motion taken off the table second okay we've got a motion brooks to um untable item four second ballroom and flores um all in favor say aye aye any opposed please say no i just have it motion carries it's i untaped uh there are four points that um either prove or disprove a hardship in a variance application uh the first one is that special conditions or circumstances exist which are peculiar to the land structure building involved which are not applicable to other lands structures or buildings in the same district the applicants stated that the previous car wash was an automatic structure it serves as a bay where the hand cargo and attendants can back vehicles into a detail it can also serve as an area to store equipment and items and that it maintains water runoff and drainage to catch and divert the water in the hand car wash um staff did the initial review and the proposed use and did grant the original under the allowance to use the vapor hand car wash all inspections and permits were granted the occupancy of the building kept vandalism and other code issues at a minimum so staff would agree with the first point number two the literal interpretation the provisions of the title would deprive the applicant of rights commonly enjoyed by other properties in the same district under this title the structure sits within a sequel zone the applicant states that the literal interpretation provisions as set forth by the planning office would deprive the applicant rights commonly enjoyed by other property owners with the c4 zoned property there's no distinction between an automatic car wash versus a hand car wash nor the accessory versus primary use within a set setting staff would say while there is no distinction between the hand car wash and automatic car wash there is a

[0:22:47] distinction between an accessory and a full service both individual uses require conditional use permit or variance to allow them to operate in a c4 zone to be compliant with our ordinances since this application is being presented to the board it could be argued that the applicant is attempting to comply with city rules and therefore could be deprived of rights commonly enjoyed by other applicants requesting the same number three that special conditions and circumstances do not result from the actions of the applicant uh the applicant states hand hand car wash operation has existed and continued on the property since 2013 and prior to the time the current operator began operations these are special conditions and circumstances that do not result in the actions of the applicant it began it was allowed by the city with a previous hand college operator business license was granted and never attempted to bully staff does agree that hand car wash facility uh was being being opened under the original pre and previous ownership and allowed by way of non-conforming chapter the city was not a result of any actions of the applicant number four uh the grain the variance requested would not confer on the applicant any special privilege that is denied by this title to other land structures or buildings in the same district the applicant states the continuation or granting of a variance request it would not confer upon everlasting car wash any special privilege that is denied to others in seaport zone first the privilege was granted to the previous hand car wash operator second there was a car wash immediately to the north of subject property four staff would state that while staff would disagree the allowance to remain open as is would converse special privilege to the applicant allowance of ovarians would not converse this special privilege the automatic car wash was originally approved as an accessory used to the convenience store located at 7800 highway 51 north in 2011 the automatic car wash was shut down due to technical repairs gentlemen worked for the property owner requested to open a small hand car wash service in this bay which the city agreed to as an accessory used since that time the accessory business has transferred ownership more than once which is allowed because it was not changing use and the service remained open the allowance to remain on site fell under the non-conforming use ordinance there was a lapse in this business earlier this year which now requires that the owner come into

[0:24:49] compliance with requirements for an accessory car wash these requirements could be done via conditional use permit or a variance which is what is presented with this report that being said staff recommends approval of a variance to allow the hand car wash to open with the acknowledgement that it needs to be reinspected by the building and fire departments to determine code compliance as all new and re-establishing businesses are required to do this variant should allow for the continuance of the use pending over the code violations associated with this site and that the use is not expanded beyond its existing realm of services mr mayor i move we are providing okay item four we have a motion about to approve all of your pain second arm and hoots is there any discussion hearing none from the board i have just a couple comments i would just um first of all like to thank mr mohammed uh for finally coming in and going through our processes that's all we ever asked for from day one we never asked for anything else and the other things i would just ask then in the future we have business dealings let's go back this way there's no there's no racial bias here i don't appreciate your comments in public there's no racial bias all i've done from day one and my staff has done is tried to enforce the laws of our city and i hope that you will appreciate that and that we don't get into making com threats and uh comments of racial bias because that's false there's no racial bias going on here okay any other comments okay nine roll call yes okay that motion carries item number five is being um removed again they're asking to come

[0:26:51] back to july 17th uh pending their investigation they've got a public inquiry with the city clerk's office pending so we're trying to get them all the information on the how the whole thing started with the with the site planning development for that so we're asking item number five be removed and then item number six we brought in front of the board of aldermen two board meetings ago it was a subdivision two lot subdivision on state line horn lake road it was approved there's not a problem with it with the exception that the name is bowen's subdivision apparently there's an existing bowen subdivision inside the sutto county uh and the city clerk is stating that we must change the name that has to be done by board action we contacted the property owners and they have decided to rename it to baruch subdivision um b-e-r-u-k that is the gentleman who is purchasing the corner lot um and we just need a motion to approve the change in the subdivision name so we can go and amend it down with the change clerk's office how much can we approach you second okay item number six we have a motion by alderman hoots uh second arnold brooks is there any discussion where is the submission again this is going to be on the northeast corner of state land road and hormone road there's a horse there's a horse pasture there and two homestead homes it's across from the mobile home park and then there's a gas station on the other side gas stations on the water gas station's on the west side this is the banking property on the east yes baruch baruch the gentleman that's actually buying the property so okay so any other discussion on item six hearing none roll all right next on our agenda mayor's

[0:28:55] report just want to update uh board on a few things first of all proud of our utilities department we recently got our water inspection rating back and we did score five out of five so we appreciate our department head ray humphrey and all his staff for helping us to make sure that we uh that we have quality and safe and quality water in the city just an update we talked about city monument signs these are the brick-based monument signs that we have been planning and having designed to be placed on interstate 55 and then at some key intersection locations throughout the city these the design has been done i've updated you somewhat about that what i want to tell you tonight is we expect that the cost of these based on initial estimates from our architectural firm is considerably higher than we thought they would be so what we'll do is we'll make adjustments on our beautification budget we might have to slow the process down maybe do one one at a time one per year it's the one and we hasn't been bid yet the bid package is going to be prepared soon but the initial just ballpark estimate was about sixty thousand dollars for a sign uh one of them at the intersection is because it's uh curved and wider uh is even it's about uh over eighty so we're gonna have to slow down somewhat just to meet budget constraints but anyway i just want to update you that that will be a good package be prepared to bid that you'll be seeing that in the uh very soon in the upcoming weeks what we hope to do is start the one on interstate 55 south which is um just north of starlanding road we want to do that first and then the second one would be an intersection design sign that would be on the southwest corner of i-55 at state line road so when you're exiting i-55 onto main street um you're gonna run you're gonna be facing so we think that's the most um

[0:30:58] optimal location to get visibility plus you can also see it if you're not exiting the interstate you can look down and see it so that will somewhat serve as our entrance sign to the city on 55 too as i've told you before we really couldn't find a proper grade on the interstate or the properties adjacent to the interstate to place the sign so that's why we backed off of that and decided just to kind of kill two birds in one stone putting the intersection sign there at that southwest corner so that's the order that we'll do those uh then next year or or the following year the third party we recommend is doing the um district sign at northwest drive and main street uh so when you come to northwest drive on both sides it'll have directional signs indicating city hall municipal court police station that kind of thing to kind of dress up this area plus be functional as a directional sign as well and then after that the plan would be to go to other key intersections like goodman and get well place the snow inside there like in front of the detention area at cvs that would be another high profile location and then the last ones would be at i-55 at church with the new metropolitan district same thing there we'd have curve signs right there that would be visible from the interstate and obviously on church road as well kind of right there in front of the tanger mall you'd have one there and then hopefully diagonal across on the southwest corner of i-55 and church in front of bank plus have another one right there that way you kind of get visibility on both sides of the interstate and intersection and then the last one if that's not enough money the last one would be uh at starlanding in 51 it's a great location if you're going northbound on 51 right when you get into the city of star landing there's a great spot right there in front of that power power place where you could um you know put a rounded side curved side there so that's kind of the sequence that the plan is but

[0:33:01] we'll be talking about that more as we get into budgets but we'll have to slow down just a little bit because of the cost of these things and just fyi too we're we want to do this right i mean these are not cheap signs these things are brick based uh they're going to be uh you know have landscape lighting they're going to be nice so uh hopefully um you know people will enjoy looking at these things for you know 20 30 years down the road so it's it is a long-term investment last thing i want to tell you about some of you may have seen my mayor's report blog it's something i've been thinking about doing for a long time and i went ahead and pulled that trigger i think it's extremely important for our city of heaven acknowledging the people in our city that show crowd of ownership in their property you know we we talk about all the time trying to do our part beautifying the city but we can't you know the city can set a good example there's things we can do but we need our citizens and our property owners to join us you know to be a part of a bigger movement so what i want to do with this is start acknowledging uh both residential and commercial property owners uh that show extreme pride of ownership you know there there's many i could name today i won't say that until we start giving out the awards but you know the ones that really go that to that extra effort that little extra thing you know with landscaping with manicure in their yard you know making sure that they're that their homes or buildings are painted properly and uh i know that there's always those out there that always sneer at that and say well yeah that's not a big deal it really doesn't have an effect on the city uh i know that it does uh with my career in insurance i'm an insured property insurance underwriter i know that the pride of ownership that someone displays in their property puts them in a totally statistical different category from a law standpoint just numerical facts it also it adds one by one when you start doing that the term neighboritis kicks in you know everyone's come home before and

[0:35:04] your neighbors got their yard just perfect and you've been out of town and your yard's looking crappy you know you gotta mitch feel a little guilty you know so um that's kind of the thing here you know you see people dressing up their property naturally you're going to have other people in it in adjacent areas they're going to say hey look you know we can do that to our building you know and a long-term effect of that is you have properties in your city that are better maintained i also believe and it's supported by a statistical fact that you know beautification and pride of ownership it improves the economic attractiveness of our city you know first impressions mean everything when people come to your city and they see the pride that business owners and property owners have it makes a tremendous difference and it also decreases crime you can we can talk to law enforcement personnel you can go do study after study after study the neighborhoods that are well maintained have less crime it's just a fact when you when you have deteriorating property conditions crime goes hand in hand with that so we believe or i believe that this is extremely important so the way we'll do this we're in the process now designing a um like a certificate and then also a like a small inexpensive yard sun and what we'll do is i'll start promoting that on through social media and also with public comments obviously we'll get the property owner's permission first we don't want to put anyone in an uncomfortable situation if they don't want to be named but we'll do that first then we will award them with a certificate and a yard sign and that will start very soon in fact we've we've got a handful of prospects that uh have uh just it's just so impressive to see these people and and and what they do you know to their properties and i can't wait i'm very excited but i can't wait to deliver that certificate to the first one so that's going to become insane but i i just wanted to update you on that to let you know why that's such a big deal to me why i think it's important for our

[0:37:05] city and i'm excited about you know seeing these uh signs go up and you know kind of building pride in our city with uh joining that team um you're gonna call it the mayor's team you know when we give a community pride award i want them to know that uh that i appreciate what they do and so we'll just build a team of community pride awards it's not going to be a competition it's not like yard of the month in your neighborhood or the city so we'll just give them out as um as we see see fit as we see people and and obviously we want as many people on that team as we can so it's not a competition and it doesn't cost the property owner anything it's just a mainly just a a big old pat on the back you know so anyway i'm excited about that we'll hopefully have the design and say i'll present that back to you i didn't get this in time to put on display but i like to pass this around this is just kind of an idea what the um anyone will just pass that around hold it up where people can see but that that's kind of what the certificate of the yard sign will look like uh just indicates it is you know the community pride award and they'll be a part of our mayor of my team okay and that's all that i have this evening to update next on our agenda is our citizens agenda i know that we did have a mrs jimmy cook that signed up to speak so if miss cook is here would you please come forward good evening good evening i was disappointed when i've got received my letter of um that it was declined about much higher but i was more disappointed in the word

[0:39:08] alleged when i've got this received this letter it says that the position of the city that is not liable for the damages alleged in your claim everybody knows what the word alleged means but i didn't google it that's without group unproven or so called and if somebody will tell me what other proof that you need i'll do my best to get it before that i have the tire i've been riding around with it since this pothole thing happened parked out here in the parking lots in my trunk um i did not put about the three estimates on this paper because this happened on thursday when i came home i immediately told my husband and he got on the phone and he did call ideal tires gateway and sams sam's did have the best price i have to have a car so he got called them and they like i said it was the best price so he asked when we could do it i had to order the tower but it was going to be there on friday which it was on friday i did not come to city hall to fill out this paper until the following monday which my husband was that dialysis and i could not call him to ask him what the estimates were you know at this gateway and the idea that is why i did not put it on this paper it does seem like a lot it did to me 301.17 for that time but that's what it cost and garrett the other two estimates were much more um is there anybody here that can tell me what other proof that i need

[0:41:13] well i would like to speak for just a minute and i'd like to open up the floor team the board members the board obviously makes the decision on any claim against the city that's that's what it is a claim against the city and first of all i'm sorry that that happened to you because i know that a pothole can do serious damage to an automobile um but just generally and i welcome our city attorneys vic mainly to correct me if i get out of line but i think i can say this correctly it's not that uh when we say alleged basically it's not meant to be an insult to you that you didn't provide enough proof it's basically that no one saw the damage i mean there's other obviously other reasons that your tire could have been damaged as a pothole but the bigger issue uh with that is uh the city's taking the position that we do not pay anyone for damages to vehicles due to potholes and the the reason behind that logic is number one it's not financially feasible for us to be responsible for every um damaged vehicle due to potholes because potholes by nature can form without any without our knowledge like we we attempt uh to repair every pothole as soon as we're aware of that but a pothole can can uh form quickly before we have a right or the time to get out there and do that so for us to accept liability on something that we don't even know about that's that's one of the issues so we believe that it's not financially feasible for the city to repair automobiles due to pothole damage so it's nothing personal against you it's a position that the city has taken that's backed by state law that we do not have to uh you know accept liability for that but again it's not to um i'm sorry that happened to you it's certainly not anything that you did as far as not providing adequate proof that kind of thing just basically you know that's the city's position but i'll open that discussion back up to anyone else if they want to speak if they want to anyone wants to change that position the board has the ultimate authority to do that i use the word alleged i don't mean it's it's like so it's a legal term

[0:43:16] basically might as well just say as you state when you're playing the ledge is how i i don't mean a word alleged from my standpoint doesn't mean anything other than as you state it or as you um ask for so that's why alleged doesn't mean to me that you didn't that didn't happen it just means it's as you state basically yeah i should be more clear probably on how i said that but i've probably got a lawyer i don't sometimes think how non-loggers can see that so you're forgiven i really didn't think that anything was going to change by me coming and doing this but it was just in me to do it you know and i didn't have a witness when it actually happened but i was going to dr jill's office and a man there was seeing dr jill also asked me about my child because i was complaining in there about the city and the hot office i'm sorry but uh anyway he he said he would look at the tower and i thought you he's going to look at it and say yep you got a flat tire but he didn't do that he was very nice and he changed the tower for me and wouldn't accept any money so i was blessed that day after all that happened well i appreciate you coming forward and and i do agree with you i mean if you uh go back and watch the videos of me i'm preaching the choir here i'm trying to get the streets in better condition i hate that we have a pint hole anywhere in the city but i know that it's it's not uh it's not tracked or even possible that we can eliminate all potholes so and again it wouldn't be financially feasible for the city to pay for every single uh damage on 1100 streets for potholes but but i really am sorry that happened to you thanks for giving us a chance to speak to you about it it was an ugly one too yes it was ugly is it fixed okay what street street is at home where is the location what street is the pothole i went uh two days later and it just

[0:45:28] domed on me i said they're gonna want a picture of this and so i went back in the drizzling rain and took a picture thank you for doing that and then uh i never went to dr patel's office but she called me she said the pothole's been fixed outstanding well thank you for bringing us our attention and i'm sorry that we couldn't give you an answer that's more favorable to you but i really appreciate you coming thank you very much was there anyone else in the audience that would like to speak on our citizen's agenda hearing or seeing no one will move on the next item on our agenda this evening is our personnel doctrine mr meredith will approve the personnel documents presented on the state second we have a motion baltimore brooks second daughter in pain is there any discussion [Music] next on the agenda is our city attorney's legal update that's one quick item of every year you have to reappoint the city attorneys since we're an outside firm under the statute certainly this authorization if you desire to one caller snow for the effective july 1 through june 30th you know i can't think i love me it's a whole position but uh yeah i'll make that i'll second it and i'll throw the marathon [Music] [Laughter] any other discussion

[0:47:36] hearing none all embarrassing paul opposed saying no i just haven't but she carries thanks thank you thank you all right next on our agenda is our claims document mr mayor move we approved the claims docket in the amount of one million forty three thousand four hundred and seventy four dollars and sixty cents including the natchez second good motion of alderman payne second of all flores is there any discussion hearing none roll call yes kelly yes yes okay next on the agenda is to determine the need for executive session thank you for the motion of honorary second army kelly i'll affect paul favor say aye all opposed saying no eyes have it motion carries the need this evening is claims and litigation against police and public works economic development potential location of business within our city and city contracts is there a motion to declare executive session second we have a motion of autumn in pain second daughter with wheeler i'll never say aye aye all folks say no i just have a motion carries the mayor board will now enter executive session

Captured 2026-07-26 · source: youtube.com/watch?v=HStMrJTVzXM