HomeMy WebLinkAbout2006-04-25 MINUTES OF COUNCIL
APRIL 25, 2006
The Batesville City Council met in regular session on April 25, 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, John Cooke, Fred Krug, Doug Matthews, Dana Mynatt, Jerry
Pectol, Stephen Smart and Paula Terrell. The City Clerk was also present. The City
Attorney was absent.
COMMENTS FROM CITIZENS
Ms. Karen McShane addressed council about video taping the council and
commission meetings to air on Batesville Cable Channel 6. Ms. McShane said it would
help inform the citizens of Batesville regarding decisions made by the council and
commissions. She was told by the council that the meetings are open to the public and
anyone can video the meetings as long as they are not disruptive. They discussed
getting the High School and Colleges involved. The council said they would cooperate
with Ms. McShane's efforts.
ROUTINE BUSINESS
Councilmember Cooke moved to approve the minutes from the previous meeting
and Councilmember Smart seconded. All voted for.
UNFINISHED BUSINESS
"THIRD READING FOR A PROPOSED NO-SMOKING ORDINANCE
Councilmember Matthews moved to have the third reading by title of the proposed
no-smoking ordinance by title only. Councilmember Smart seconded. The roll call count
was 8 for and 0 against. Mayor Biard read the ordinance by title only. The council
discussed adding a portion to the ordinance to allow events to apply for a permit to allow
smoking. After a discussion, Councilmember Mynatt moved to adopt the ordinance and
Councilmember Krug seconded. The roll call was 7 against and 1 (Krug) for. The motion
failed. The council will consider a revised ordinance at the next meeting.
NEW BUSINESS
"CONSIDER AN ORDINANCE TO CLARIFY AND RE-ADOPT AN
ANNEXATION ORDER ENTERED IN 1987 AS ORDINANCE #87-11-1
Councilmember Matthews introduced an ordinance to re-adopt an annexation
south of the White River. Mayor Biard read the ordinance in full. Mr. Bill Walmsley,
Attorney for the land owners, addressed the council to explain the need to re-adopt the
ordinance. Mr. Walmsley said the land description in the original ordinance (87-11-1)
may not have been platted correctly. He said all the land owners, White River Materials,
Howard and Eddie House and S & S Liquidations want to be a part of the City of
Batesville. The above land owners successfully petitioned the county to be released to
the City and are now asking the City accept their annexation. Councilmember Smart
moved to suspend the second and third reading and Councilmember Mynatt seconded.
The roll call count was 8 for and 0 against. Councilmember Matthews moved to adopt
the ordinance and Councilmember Pectol seconded. The roll call count was 8 for and 0
against. The ordinance was given #2006-4-2. Councilmember Smart moved to adopt
the emergency clause. Councilmember Matthews seconded and the roll call count was 8
for and 0 against.
COMMENTS FROM DEPARTMENT HEADS
Code Enforcement Officer Chad McClure addressed the council concerning 5
condemnations. Mayor Biard opened the floor for the public hearing at 6:28 PM. The
first property is 431 Elm Street. Mr. McClure that the structure had been torn down and
cleaned up, therefore, there was no need to continue with the condemnation. The
second property was located at 921 Elm. Mr. McClure said that the deed of record
shows the owners to be Bob Sweet and Chuck Sweet. The Sweet's said they own the
property behind the structure in question but not the structure itself. The council asked
Mr. McClure to take the deed to the City Attorney and for him to search out the owner of
the property. The third property is located at 3115 Alice. Mr. James Griffin addressed
the council and said he just purchased the house Monday and would like some time to
restore the house. The council postponed the condemnation and will look at the progress
in 90 days. The fourth property is 1898 Porter. Mr. & Mrs. Cruz addressed the council
and said they bought the house on March 31St, unaware that it was being considered for
condemnation. They asked for additional time to repair the house. The council agreed to
postpone the condemnation proceeding for 90 days. The last property is located at 2505
N. Central. Mr. McClure said a demolition permit had been issued on March 24th but the
structure had not yet been torn down and removed. The council said they would
postpone the condemnation for 90 days since a permit had been issued. The Mayor
closed the public hearing at 6:43 PM.
There being no further business, Councilmember Krug moved that the meeting be
adjourned. Councilmember Terrell seconded and all voted for.
Joe M. Biard, Mayor
Denise M. Johnston, City Clerk