2004-09-28 - Laserfiche WebLink

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Code Enforcement Office Chad McClure addressed the council regarding property located at 810 21st Street. He said he had talked to the owner, Steve Bryant, today and was told he should have the house torn down within the next 30 days. Mr. McClure said they had moved the equipment that was being stored in the house. He said if they pass the resolution it would still give Mr. Bryant 30 days to have the house torn down. Mayor Biard read the resolution in full. Councilmember Gaither moved to adopt the resolution and Councilmember Carpenter seconded. All voted for. The resolution was given#2004-9-1-R. MAYOR'S ANNOUNCEMENTS Mayor Biard read the following prepared statement regarding the incorporation of Southside as a city: "This statement is not intended to be of a divisive nature or cause friction among citizens whether in or out of the City of Batesville. The intent is to make clear recent history and issue perhaps a policy statement on the Southside issue before we get further into the efforts to incorporate Southside. I ask you to listen very carefully in order that everyone understands what was said. Again,by addressing this issue now,people will understand where we stand as has been requested. Let me say too that this is not intended to stir talk of annexation at this point but rather to speak to the Southside incorporation plan. My hope is that someway, somehow,compromise can be made but as we all know,that is often not possible. I will say that some time ago,I was invited to a Southside School dedication,and I was very warmly received especially by the students. Now to the points I wish to make. Approximately two months ago,I met was a group from the Southside area. Their request was to ask my feeling about the incorporation. My reply was I was glad to meet with them and give my personal opinion as of that day and was only my opinion and was not the opinion of anyone else including the city council. The group meeting with me was perhaps 8 or 9 people. The meeting was very cordial and was to the point. They were very courteous and I believe they left having a better understanding of what I thought. Here is what I said: I would personally like to preserve the following areas for Batesville development---Denison Heights,come around by the airport,take in Clearview Addition and Riverview Additions. As to other areas beyond that point,I would let other debate that. On September 20,2004,a local paper printed the proposed incorporated area coming north all the way to Ramsey Mountain. After not taking into consideration what I had said to the group,I'm not sure that I would not consider the 5-mile rule, however,I personally would leave the doors of compromise open. I was quoted in the paper as saying"the Mayor was pretty supportive"which seemed to indicate I was supportive of the map in the paper. I do not believe this was said to deceive. What the gentlemen was referring to was my meeting with the group which I said earlier was cordial and friendly. At that time,I called Brandon Gay and Gary Mize to say that under the circumstances,I was not sure I could stay with the boundaries I gave to the group. They received my call well and was left at that. The paper also quoted organizers as saying Batesville has 13 or 14 square miles. I think it is really 10.2 square miles. Also in the same article,it quoted David Payne, another organizer as saying,"According to State Law---"we do not need to request permission from the City of Batesville." I differ with that statement after looking,at length as Arkansas Local Laws 14-38-101 and 14-56-413. However,I will concede that in many law,there are some its,ands,gray areas, etc. But the laws on incorporation are quite clear. I am told they have contacted an attorney and he is advising them as to how to proceed. If this issue goes further,I am sure you will be hearing a lot about"Natural Barriers." I do not believe this to be a problem. At his point,I will ask the City Council that if there is a legal problem coming,if City Attorney Scott Stalker needs additional assistance,I will have the authority to act in a timely manner. We will also need input from the City Council if they want to proceed along the lines of saving the 5-mile limit or consider the area of Denison Heights to the airport and to the Clearview and Riverview Additions. In summation,there may be a question of the 5-mile limitation as relating to all or none. The City Council will need,in any event,to decide: 1)Do you want to exercise you right?2)If you do,do you want to go the full 5 miles or,if you can,do you want to try to compromise as I mentioned earlier and if so,what is the compromise."