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HomeMy WebLinkAbout2006-06-13 MINUTES OF COUNCIL JUNE 13, 2006 The Batesville City Council met in regular session on June 13, at 5:30 PM at the Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember Krug gave the invocation. Upon roll call the following councilmembers answered present- R.L. Carpenter, John Cooke, Fred Krug, Doug Matthews, Dana Mynatt, Jerry Pectol, and Stephen Smart. The City Clerk was present. Councilmember Paula Terrell and City Attorney Scott Stalker were absent. COMMENTS FROM CITIZENS Mayor Biard opened the floor for comments from citizens. There being none, the floor was closed. ROUTINE BUSINESS "APPROVAL OF MINUTES Councilmember Mynatt moved to approve the minutes from the previous meeting and Councilmember Smart seconded. All voted for. UNFINISHED BUSINESS None NEW BUSINESS "PRESENTATION TO BHS TRACK & FIELD TEAM Mayor Biard recognized the Batesville High School Girl's Track & Field team for the recent State AAAA Championship. The Mayor recognized each team member and presented Coach Stu Smith with proclamations for each member. "REQUEST BY UTILITIES FOR A METER OUTSIDE OF THE CITY LIMITS Mr. Larry Tharnish and Mr. Jerry Jeffery with the Batesville Water Utility addressed the council with a request for a water meter outside the city limits. The request was for Robert and Jody Sutton at 445 Ruddell Hill Circle. Councilmember Carpenter moved to grant the water meter and Councilmember Cooke seconded. All voted in favor except Councilmembers Mynatt and Pectol. "DISCUSSION WITH UTILITIES AS REQUESTED BY DANA MYNATT Councilmember Mynatt said she had a few questions she would like to ask the Chairman of the Water Utility Commission. Chairman Charles Schaaf and Secretary David Dame came forward for questioning. Ms. Mynatt asked Mr. Schaaf the status on the $766,000 under billing to Townsends of Arkansas. Mr. Schaaf said that the law only allows the utilities to recoup up to 3 years for the error and Townsends has agreed to pay that back over a 4 year period. Ms. Mynatt then asked what, if anything, was the utility department doing to insure that this kind of mistake does not happen again. Mr. Schaaf said he was very disappointed that the utilities auditors did not find the error. He said they have since checked every large customer to make sure they are paying the rate. The utility commission has appointed a task force to recommend policy and procedures for the utility employees to follow. Ms. Mynatt asked if the commission was going to reprimand or terminate any employee over the error. Mr. Schaaf said that had not been discussed by the commission. Councilmember Krug said the council should have been notified about the under billing instead of hearing it second hand. Mr. Schaaf said they were advised by their legal council not to notify the council until a settlement was made with Townsends. CODE ENFORCEMENT REPORT "CONSIDER AN ORDINANCE TO REZONE 4.88 ACRES FROM R-1 TO C-1 REQUESTED BY FRANK TRIPP Mr. Frank Tripp addressed the council regarding a piece of property that he is requesting to have rezoned from R-1 to C-1. The land is located south of Harrison Street and adjacent to the Mark Martin Ford Dealership. Mr. Tripp plans to build a mini storage facility on the property. The Planning Commission recommended the rezone contingent upon the owner granting the city a 50' wide easement along the entire eastern side of the property (10.91 acres) to its southeast corner. The owner within the easement will provide an immediate 25' wide paved, curbed and guttered roadway (Jennings Lane) to be built to city street standards only to the 4.88 acre parcels southeast corner. This roadway shall terminate with a 100' diameter cul-de-sac at the end of the rezoned property. The cul-de-sac will be gravel to allow for any future roadway extension. Mr. Tripp provided the council with a warranty deed for the easement and said he would construct the road and cul-de-sac according to the Planning Commission's request. Councilmember Mynatt introduced the ordinance and Mayor Biard read it in full. Councilmember Matthews moved to suspend the second and third readings. The roll call count was 7 for and 0 against. Councilmember Matthews moved to adopt the ordinance and Councilmember Mynatt seconded. The roll call count was 7 for and 0 against. The ordinance was given #2006-6-1. Councilmember Carpenter moved to adopt the emergency clause and Councilmember Matthews seconded. All voted for. "BRUCE SOUTHARD PROPERTY ON SOUTH STATE AND WEST BOSWELL Code Enforcement Office Chad McClure and Mr. Bruce Southard addressed the council regarding his property at South State and West Boswell Streets. Mr. Southard has stored on his property a large quantity of rubber by-products. He said he believes he has the product sold but still needs some time to get it removed from his property. Councilmember Matthews moved to give Mr. Southard until September 30 to have the property cleaned up. Councilmember Carpenter seconded and all voted for. "PROPERTY AT STATE AND LILLY STREETS Mr. McClure said he needed direction on the property at State and Lilly Streets. He said all the proper notification had been made to clean up the property. Councilmember Mynatt moved to clean up the property and Councilmember Carpenter seconded. All voted for. "CEMETERY RESOLUTION The council considered two cemetery resolutions; both resolutions are for Paul Wright Jr., #2006-164-1 for $700.00 and #2006-164-2 for$1,200.00. Councilmember Smart moved to approve the resolutions and Councilmember Carpenter seconded. All voted for. "EXECUTIVE SESSION Councilmember Smart moved to go into executive session. Councilmember Carpenter seconded and all voted for. After returning from executive session Councilmember Krug moved to reappoint Bud Kerr to the Housing Authority. Councilmember Carpenter seconded and all voted for. Mr. Kerr's term will expire 5/27/2011. Mayor Biard said the term for Levita Gist on the Parks and Recreation Commission expired on May 10. Councilmember Krug moved to appoint Dr. Chris Beller to the position. Councilmember Smart seconded and all voted for. Dr. Beller's term will expire 5/10/2011. Mayor Biard said the term for Arch Jones on the Utilities had also expired on May 10. Councilmember Mynatt moved to appoint William Gramig to the position. Councilmember Smart seconded and all voted for. Mr. Gramig's term will expire 5/10/2011. The Mayor also informed the council that Mr. Mickey Powell had resigned from the Planning Commission due to a conflict. The council will consider a replacement for Mr. Powell at the next meeting. COMMENTS FROM DEPARTMENT HEADS None COMMENTS FROM COUNCILMEMBERS Councilmember Matthews showed the council the gifts that they received from their China trip. Dr. Matthews said he should have a slide presentation about the trip at the next meeting. Councilmember Mynatt said that Mr. Rob Middleton will be meeting with the Planning Commission on June 22, at 5:30 PM. Councilmember Smart said that the Cemetery Committee has set the last week of June as "Cemetery clean up week". COMMENTS FROM CITY ATTORNEY None COMMENTS FROM MAYOR The Mayor informed the council of a transfer of fixed assets; 1990 Toyota truck, Vin #34695, transferred from Animal Control to Parks Department. Mayor Biard responded to the recent decision by County Judge Bill Hick declaring Ramsey Mountain a natural barrier. The Mayor said he wanted to stress that it is not a people issue but rather what is right and what the law says. Attorney General Mike Beebe did not issue an opinion except to say that it was a possible situation for the court to decide. The County's attorney Eric Hance had this to say in a formal opinion issued in November, 2005. "There are exceptions if there is a natural barrier, such as a river or if the area proposed to be incorporated is accessible to the existing city only by a bridge. The southern most boundary of the city of Batesville is south of the White River at the foot of what we commonly call Ramsey Mountain. In my opinion these exception do not apply and a resolution of the Batesville City Council approving the incorporation would be necessary as a condition precedent. Accordingly, I would recommend that the proposed incorporators obtain a resolution from the Batesville City Council before the County Court authorizes the election". In conclusion, the Mayor urged the council to appeal the decision of the County Court. Councilmember Krug moved to proceed with the appeal process. Councilmember Pectol seconded and all voted for. There being no further business, Councilmember Smart moved that the meeting be adjourned. Councilmember Carpenter seconded and all voted for. JOE M. BIARD, MAYOR DENISE M. JOHNSTON, CITY CLERK