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HomeMy WebLinkAbout2006-03-14 MINUTES OF COUNCIL MARCH 14, 2006 The Batesville City Council met in regular session on March 14, 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, Stephen Smart and Paula Terrell. Councilmember Pectol was absent. Also present were the City Clerk and the City Attorney. COMMENTS FROM CITIZENS Mayor Biard opened the floor for citizen's comments. There being none, the Mayor closed the citizens comments. ROUTINE BUSINESS *APPROVAL OF MINUTES Councilmember Smart moved to approve the minutes from the previous meeting and Councilmember Mynatt seconded. All voted for. UNFINISHED BUSINESS *SECOND READING OF TWO UTILITY RATE ORDINANCES Councilmember Krug moved to suspend the rules and read the ordinance by title only. Councilmember Mynatt seconded and the roll call count was 7 for and 0 against. Mayor Biard read by title only the ordinance that would set fixed rates for water to be furnished by the waterworks system. Then, Councilmember Matthews moved to suspend the rules to read the second ordinance by title only. Councilmember Mynatt seconded and the roll call count was 7 for and 0 against. Mayor Biard read the second ordinance by title only that would establish rates for sewer services. Mr. Larry Tharnish and Mr. Jerry Jeffery were present to answer questions from the council. Councilmember Mynatt asked for a break down of expected revenues and how they will be spent. NEW BUSINESS *ANNUAL REPORT BY PUBLIC FACILITIES BOARD Mr. Joe Don Reynolds, Chairman of the Public Facilities Board, addressed the council and give the 2005 Public Facilities Board Annual Report. *CONSIDER A RESOLUTION CONFIRMING MEMBERS TO THE CITY'S PUBLIC FACILITIES BOARD Mr. Jason Sharp with the Rose Law Firm addressed the council with a resolution that will confirm the appointment and reappointment of members to the City's Public Facilities Board. Councilmember Krug moved to adopt the resolution and Councilmember Terrell seconded. All voted for and the resolution was given #2006-3-1-R. *CONSIDER A RESOLUTION URGING CONGRESS TO REINSTATE APPROPRIATE FUNDING FOR THE DRUG TASK FORCE Mayor Biard read a resolution that would urge the Arkansas Congressional Delegation to support the reinstatement of the Byrne Grant Funding for the drug task force. Sheriff Keith Bowers addressed the council and explained the importance of the funding to help control the drug problem in our city. Councilmember Terrell moved to adopt the resolution and Councilmember Carpenter seconded. All voted for. The resolution was given #2006-3-2-R. *PRESENTATION BY SGT. MUNDY ON DOMESTIC VIOLENCE Sgt. Michael Mundy addressed the council regarding the domestic violence program. Sgt. Mundy told the council that several years ago the county received a grant to start the program. He said every year the count grant match increases and the grant dollar amount decreases. Sgt. Mundy asked the council to consider funding one metro slot for a domestic violence officer. Sheriff Bowers also spoke in favor of the program and said that Independence County's program is recognized state wide as a premier program. The grant application has to be filed by June, 2006 and if approved, the grant will run from October 2006 through September 2007. The total cost for the metro slot is $34,650.11 which will break down to $8,662.53 for 2006 and $25,987.58 for 2007. Councilmember Mynatt moved to approve the expenditure and Councilmember Carpenter seconded. All voted for. *PRESENTATION BY THE WELLNESS COALITION Mr. Dennis Moore with White River Medical Center and the local Wellness Coalition addressed the council regarding making all our city parks and recreation area smoke-free. The council briefly discussed the proposal with Mr. Moore and said they would take the proposed ordinance making the facilities smoke-free under consideration. *SONIC AND DOGWOOD DRIVE ISSUE Ms. Michelle Huff, Attorney for Sonic co-owner Mr. Rick Davis addressed the council and gave a slide presentation regarding the current situation concerning the Sonic Drive-In and building a new driveway to enter and exit the Sonic from Dogwood Drive. Ms. Huff explained that the only issue before the council was to consider an ordinance that would repeal section 2 of ordinance #97-7-1. Ms. Huff said she believes the section which reads "That there will be no ingress or egress to the property by way of Lakewood Drive." was not legal and would not hold up in a court of law. Mr. Davis also spoke to the council and explained why the new entrance was needed. He said that the wording in section 2 was added to keep traffic off of Lakewood Drive which was a private drive for the Mr. Stan Dombroski residence. Mr. Davis has recently purchased two more lots on Dogwood Drive with plans to remove the house on the first lot and make a new driveway to enter and exit Sonic. Also a new easement will be granted to Mr. Dombroski and Dr. Davis said he will be donating some additional land to the Dogwood Fire Station. Mayor Biard opened the floor for residents to respond to the proposal. Mrs. Nina Wommack and Mrs. Margaret Henley spoke on behalf of several land owners on Dogwood Street. Mrs. Wommack gave the council a copy of the "second amendment to the deed of dedication and bill of assurance" with over 50% of the land owners saying that they do not want a commercial driveway with an ingress and egress on Dogwood Drive. Several landowners were present and spoke against the driveway sighting safety and increased traffic for their reasons. City Attorney Stalker said he was not sure if section 2 of ordinance 97-7-1 was legal and as far as the bill of assurances were concerned, that would be a civil matter between the landowners and Sonic and not with the City. The other issue of concern was if Sonic could build a driveway on R-1 property. Ms. Huff said the City's code does not address driveways therefore they could put a commercial driveway on R-1 property. Planning Commissioner Tommy Byrant agreed that the code did not address driveways but it does address land use and you can not have commercial use on R-1 properties. Mayor Biard then addressed the council and asked if anyone wanted to introduce the proposed ordinance that would repeal section 2 from ordinance 97-7-1. No one introduced the ordinance therefore it was not considered. *CONSIDER SIGN ORDINANCE Councilmember Carpenter introduced an ordinance that would regulate the use of signs in the City limits of Batesville. Councilmember Terrell moved to read the ordinance by title only and Councilmember Smart seconded. The roll call count was 7 for and 0 against. Mayor Biard read the title of the ordinance. Councilmember Smart then moved to suspend the second and third readings. Councilmember Carpenter seconded and the roll call count was 7 for and 0 against. Councilmember Carpenter moved to adopt the ordinance and Councilmember Terrell seconded. The roll call count was 7 for and 0 against. The ordinance was given #2006-3-1. Councilmember Carpenter moved to adopt the emergency clause and Councilmember Terrell seconded. All voted for. *CONSIDER AN ORDINANCE TO REZONE PROPERTY FROM R-1 TO R-2 AND FROM R-1 TO C2. Councilmember Krug introduced an ordinance that would rezone property owned by Scott Clark and Max McElmurry from R-1 to R-2 in the North Park Subdivision (off White Drive) and from R-1 to C-2 on the adjacent property. Mayor Biard read the ordinance in full. Councilmember Carpenter moved to suspend the second and third readings and Councilmember Krug seconded. The roll call count was 7 for and 0 against. Councilmember Carpenter moved to adopt the ordinance. Councilmember Krug seconded and the roll call count was 7 for and 0 against. The ordinance was given #2006-3-2. FINANCIAL STATEMENTS The council was given copies of the financial statements for the 2005 year end and January 31, 2006. COMMENTS FROM DEPARTMENT HEADS Code Enforcement Officer Chad McClure addressed the council. He gave the council pictures of property located at 206 Lilly and 205 Robin Cove. Mr. McClure said he wanted to use his authority from our unsightly property ordinance and go onto the property and remove the belongings. The council instructed him to go through the proper channels and proceed. Mr. McClure then asked to set public hearings for condemnation on the following properties; 1898 Porter, 3115 Alice, 435 N. 9t", 921 Elm and 2505 Central. Councilmember Matthews moved to set the public hearings for the properties on April 25, 2006. Councilmember Mynatt seconded and all voted for. Animal Control Officer Jeff Pender addressed the council and asked them to consider making the one block section of College Street from Central to State two way instead of one way. Mr. Pender said the one way will make it inconvenient for people to get to the new animal control facility. The council said we would have to see how the one way street was set up, either by ordinance or resolution, and change it back the same way. The City Clerk said she was look up the information for the next meeting. COMMENTS FROM THE MAYOR Mayor Biard said he had talked to Mr. Buckner about the Putian City trip. Mr. Buckner said the trip will need to be late May or early June. Mayor Biard said it would be hard for him to attend that time of year. Councilmembers Mynatt, Terrell and Matthews all showed interest in going to Putian City. Councilmember Carpenter said he had received negative remarks about the City paying for several people to go on the trip. Councilmember Matthews said he would pay his own way. After a discussion, the council urged the Mayor to attend and said the City would pay for one ticket. Any additional travelers will pay their own way. There being no further business, Councilmember Smart moved that the meeting be adjourned. Councilmember Terrell seconded and all voted for. JOE M. BIARD, MAYOR DENISE M. JOHNSTON, CITY CLERK