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HomeMy WebLinkAbout2006-08-22 MINUTES OF COUNCIL AUGUST 22, 2006 The Batesville City Council met in regular session on August 22, at 5:30 PM at the Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember Matthews gave the invocation. Upon roll call the following Councilmembers answered present: R.L. Carpenter, Fred Krug, Doug Matthews, Jerry Pectol, David Shetron, Stephen Smart and Paula Terrell. The City Clerk was also present. Councilmember Mynatt and City Attorney Stalker were absent. COMMENTS FROM CITIZENS None ROUTINE BUSINESS **Councilmember Shetron moved to approve the minutes from the previous meeting and Councilmember Matthews seconded. All voted for. **CounciImembers Terrell and Matthews gave a report on the traffic control committee. UNFINISHED BUSINESS **SECOND READING FOR AN ORDINANCE EXEMPTING THE CITY FROM THE SHIELDED LIGHTING ACT Councilmember Matthews moved to read the ordinance by title only. Councilmember Smart seconded and the roll call was 7 for and 0 against. Mayor Biard read the ordinance by title only and then opened the floor for discussion. The ordinance will be placed on the agenda for the third reading at the next meeting. "SECOND READ FOR AN ORDINANCE THAT WOULD MAKE CERTAIN PARKS AND RECREATION AREAS SMOKE FREE Councilmember Smart moved to read the ordinance by title only. Councilmember Matthews seconded and the roll call was 7 for and 0 against. Mayor Biard read the ordinance by title only and then opened the floor for discussion. The ordinance will be placed on the agenda for the final reading at the next meeting. NEW BUSINESS "QUESTIONS FROM CONCERNED CITIZENS REGARDING CONSTRUCTION ON DOGWOOD DRIVE Ms. Nina Wommack and Ms. Margaret Henley addressed the council regarding the construction of what appears to be a drive way for Sonic to use for access to their business. Ms. Henley told the council that Ordinance #97-7-1, that re-zoned the Sonic property from R-1 to C-1, was only approved because of the Section 2 that prohibits any traffic to ingress or egress from the property onto Dogwood Drive. She said the land owners in the subdivision also have a Bill of Assurance that should protect them from the traffic from Sonic. Ms. Henley asked if the City could enforce the codes that were already in place. The council discussed the matter in depth with Ms. Henley and Ms. Wommack. The council said they had been advised by the City Attorney that the issue at hand was a civil issue and advised Ms. Henley and Ms. Wommack to hire an attorney in their quest to stop the driveway. Ms. Michele Huff, who represents the owner of the Sonic, was present but said she had not talked to her client on the issue. "FINANCIAL STATEMENT The Council was given a copy of the July 31, 2006 financial statement. COMMENTS FROM MAYOR Mayor Biard said Ms. Mynatt asked for the review of the 2004 audit be placed on the agenda. He had intended for Ms. Mynatt to bring up the audit during Council Comments but Ms. Mynatt was not present. The City Clerk gave the council a copy of the audit findings along with a copy of the response letters for them to review. Each Councilmember received a copy of the audit from the State Legislative Audit. There being no further business, Councilmember Shetron moved that the meeting be adjourned. Councilmember Smart seconded and all voted for. JOE M. BIARD, MAYOR DENISE M. JOHNSTON, CITY CLERK