Minutes-06/08/1988

Spivey: Is the property owner responsible for the ditches all the way in front of his property? It sounds like it in section II. If the culverts don't work, does the property owner have to dig to the next corner? Hart: Culverts on the right of way? Spivey: I can go along with the property owner keeping his own culvert cleaned out, but not with having to lower the ditch. The ditch actually belongs to the town. Hart: City is responsible in the rights-of-way. Attorney: We'll clarify that matter. Hart: What about intersections? Attorney: Please read it over and bring suggestions to the next meeting. Hart: The city owns the ditches and right-of-way. Discussion of drainage problem at 211 W. Second Street. Clerk read minutes of previous meetings where item was discussed. Hart: When I looked at it 2 months ago, I didn't think it looked like it needed a culvert. It had a swell. Potter: There's a difference between a swell and a dam. Stoner: Do we have a legal recourse? Hart: It's in the right-of-way. Stratton: If we get a lot of rain, will it really be a problem? Hart: There's not much coming from your way. With time, it would erode along the street. A lot of other places are the same way. It's not good for the seal coat. Attorney: Legally, he's in the right-of-way. You could demand that he take it out or do so yourself and bill him. It's either a trespass or nuisance. Hart: How much would you gain? Not a lot of water coming along that way. Morgan: If we're going to enforce things and do it right, we need to do it. Spivey: Perhaps we could negotiate with him and not cause a lot of hard feelings. The problem probably arose from a misunderstanding, but there should be a culvert there. This all happened about the time the council changed the policy on buying the culvert for home owners. I think he'd go along with this. Hart: In order to get the culvert there, it would affect Carrie's drive. We'd have to make a transition to the ditch and it would affect both properties. Stratton: I don't want a ditch there. Hart: It would have to start soon in order to get the culvert in. Potter: Attorney could send letter and state the violation of right-of-way and ask that a culvert be installed. We can't start making exceptions. Motion Stoner second Spivey to direct attorney to write letter to Earl Stratton asking him to correct the drainage problem at 211 W. Second Street by removing that portion of concrete which goes over the city's right-of-way and installing a culvert under his driveway. Carried unanimously. Attorney reported that he had been directed by the mayor to send notices to two residents about whom the Mayor had received barking dog complaints. No response was received from Todd Johnston. Julie Herring wrote to say that she only has the dog one day. Morgan reported complaints about Marvin Vorel's doberman being loose on his property. Some neighbors are afraid it might come off his property and hurt a child. Neither the attorney nor the clerk could remember whether the animal control ordinance addressed dogs loose on the owner's own property. The ordinance refers to animals running-at-large. The attorney stated that it would not be difficult to document the instances when the dog is off the owner's property if it occurs on a regular basis and someone could file a complaint.