Town Meeting Minutes

August 13, 2013 - 7:00 PM

Minutes of Re-scheduled Regular Meeting

Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Jordan Sullivan, Nanette Barnes, Darlene Gregory,
Dennis Pinkley, Kathleen Eversole
Absent: Shirley McDaniel
Guests: Brandon Parker, Peggy Haws

Mayor O’Dell called the regular meeting to order at 7:00 PM and declared a quorum was present.

Pledge of Allegiance.
Moment of silence.

Public Forum

Brandon Parker and Peggy Haws were present to discuss with the council the existing ditch on Chinook Drive.  Over time the ditch has filled in and they are asking the ditch be re-cut to help alleviate some of the water that is coming into the back yards of both Parker and Haws.

Consent of agenda:
1.  Ald. Sullivan asked the ditch on Chinook Drive be put on the agenda under new business.

The minutes of July 15 were approved, as amended, on a motion by Ald. Sullivan and seconded by Ald. Gregory.  All approved.  Motion carried.

July 2013 financial report was reviewed and approved, as presented, by acclamation.  Bowen reported Avoca received $345 in August for the new State ½ cent sales tax that went into effect July 1st. 

Avoca Fire & Rescue

  1. No report from Fire Chief.
  2. Mayor O’Dell reported he is a new board member of Avoca Fire & Rescue.
  3. Town will reimburse the fire department for drinks for the September 21 community picnic.

NEBCO EMS –The official final result from the July 9 election, to increase ambulance dues, was passed by a four vote margin.
Minutes of Regular Meeting
August 13, 2013
Page 2

Planning/Zoning –
Planning

  1. Ald. Sullivan reported the Planning Commission held a public hearing on July 30.  Hearing was held to hear those who wished to be heard regarding proposed changes to the Avoca Zoning Code. 
  2. Committee meeting was scheduled for Tuesday, August 27 at 6:30 PM to discuss road, sidewalk and open channel specifications.
  3. Chairman Sullivan reported James Brown may be asking for a lot size variance for property he purchased at 895 Rader Road.

Zoning – Zoning Official Shirley McDaniel was not present but did submit a report for work done between June 19 and July 26.

Committee Reports:

  1. Clean-Up - Fall clean-up will be Saturday, October 26.  Bowen will register the event with Great American Clean Up.  Plans to be made in September.
  2. Streets -     

a. Mayor O’Dell reported Prairie Creek, Woods Lodge/BC 74 and Rader Roads have been hit hard with the heavy rains/flood.  Concrete work that was done has washed away; asphalt is undercut; ditches that have been cleaned out are deeper; culverts, such as Roy Foerster’s, are filled and he sees no resolution. He does not see a cure for Rader Road.  After full discussion, Mayor O’Dell said he would contact JP Mike McKenzie to see what the procedures are to apply for flood relief through the County.  It was noted, the deadline is close, but Mayor O’Dell believes the County’s report of damage can be amended.

3.  Street and Traffic lights – all in working order

4.   Park

a. The background for the ‘depot pavilion’ sign has been repainted and Mayor      O’Dell will re-hang it in the near future. 

b. Avoca Disc Golf Course –Grand opening will be Saturday, September 21, in conjunction with the community picnic. Ald. Barnes reported the cost for fifty (50) golf discs, custom with Town logo, to be given away during grand opening, is approximately $400.  Ald. Sullivan, seconded by Ald. Shields, moved $600 be allotted for the grand opening.  All approved.  Motion carried.  Ald. Barnes is working on flyer. 

c. Signs showing disk golf course and rules of game have been completed and should be shipped. Mayor O’Dell will frame the signs.

d. ‘To do list’ of park items is being worked on.      

e. Bowen reported it was suggested to do a hydration station for bike cyclists and also post ‘share the road’ signs on Old Wire and Prairie Creek Roads.  Bowen to look into brackets for igloos and signs for the road.  Bike racks to also be looked into.

5.  Town web site – up to date

Permits:
Business Permits none issued

Building permits – none issued

 Unfinished Business:

  1. Duplexes on Rose Street –
  2. a. It was reported the refrigerator is still in the front yard of the duplexes and the property at 301 E. Rose needs mowed.  Bowen reported First Federal Bank is not going to do anymore work until they actually have the property. They also cannot do anything right now, if 301 Rose Street is occupied. 

    b. Ald. Sullivan said according to Avoca Ordinance 80, two individuals (council member, fire chief, mayor, health officer, etc.) can give a written statement on what conditions or things constitutes a real and imminent health or safety hazard. Ald. Sullivan read his statement on conditions and things that show health and safety hazards pertaining to the two duplexes at 300 E. Rose, which have given the Town problems for years.  Mayor O’Dell wanted to know who the letters would be sent to, since no one currently owns the property. Bowen to contact Joyce Higgins, with the Benton County Environmental Office, to see if she would submit a letter concerning the conditions and problems associated with the duplexes.  Ald. Gregory, seconded by Ald. Barnes, moved Mayor O’Dell and Ald. Pinkley write letters concerning the conditions, since they live in the neighborhood.  No action taken.  Mayor O’Dell said the past minutes could be used as documentation.  Ald. Barnes and Mayor O’Dell said the Town needs to have a building inspector, fire inspector or someone with ‘clout’ or credentials to document the conditions of the structures.

  3. Leroy Connolly submitted documentation from his insurance company showing they accepted a bid for the demolition.  Demolition has begun and all work is to be completed by September 1. 
  4. The Daves property at 405 Smith Ridge Turn Off still needs mowed.  Core Logic to be contacted again. 
  5. The non-licensed vehicles were removed from the Goodart property at 285 Oak Street and the front porch looks better.   

New Business:
1.  Bowen to contact the attorney again about a condemnation ordinance.

2.  Ordinance No. 97, an ordinance adopting, by reference, a certain technical code entitled:  “Avoca Zoning Code”, was introduced and read in its entirety.  Ald. Gregory, seconded by Ald. Barnes, moved the first reading be accepted.

Roll Call:  Ayes:  ALD:  Sullivan, Gregory, Barnes, Eversole, Pinkley

Motion carried.   

Ald. Shields, seconded by Ald. Sullivan, moved the rules be suspended and Ordinance No. 97 be placed on its second reading by title only.

Roll Call:  Ayes:  ALD:  Sullivan, Gregory, Barnes, Eversole, Pinkley

Motion carried.

2nd reading was read by title only.

Ald. Gregory, seconded by Ald. Barnes, moved the second reading of Ordinance No. 97 be accepted.

Roll Call:  Ayes:  ALD:  Sullivan, Gregory, Barnes, Eversole, Pinkley

Motion carried.

Ald. Pinkley, seconded by Ald. Shields, moved the rules be suspended and Ordinance No. 97 be placed on its third and final reading by title only.

Roll Call:  Ayes:  ALD:  Sullivan, Gregory, Barnes, Eversole, Pinkley

Motion carried.

Ordinance No. 97 was read by title only.

Ald. Sullivan, seconded by Ald. Gregory, moved the third reading be accepted.

Roll Call:  Ayes:  ALD:  Sullivan, Gregory, Barnes, Eversole, Pinkley

Motion carried.

3. Ordinance No. 96, an Ordinance requiring licenses for the privilege of carrying on a   business within the Town of Avoca and repealing Ordinance No. 79, was introduced and read in its entirety.

Ald. Gregory, seconded by Ald. Shields, moved the first reading of Ordinance No. 96 be accepted.

Roll Call:  Ayes:  ALD:  Pinkley, Eversole, Barnes, Gregory

Nay:  Ald. Sullivan

Motion carried.

4. Mayor O’Dell, Ald. Gregory, Ald. Barnes and R/T Bowen met and discussed     plans/vision for new property.  Another meeting to be set up for further discussions.

5. Bowen reported the evaporator coil for the air conditioner has been ordered; we are consistently getting water on the floors in the entry, kitchen and file and storage closet; mold is showing on one of the entry walls. 

6.  Mencl property was discussed again.

7.  The ditch line on Chinook Drive was discussed.    It was agreed to contract the job out and have the ditch dug out about 12” wide and 10 – 12” deep and sodded with wire on top.  Mayor O’Dell to contact Johnson Construction.

8.  Bowen to attend a workshop at the Regional Planning Commission on August 15.
 
Meeting was adjourned at 10:00 PM on a motion by Ald. Pinkley and seconded by Ald. Gregory.  All approved.  Motion Carried.

Respectfully submitted,
Diane Bowen

Recorder-Treasurer

 

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