HomeMy WebLinkAbout2005-10-11 MINUTES OF COUNCIL
OCTOBER 11, 2005
The Batesville City Council met in regular session on October 11, at 5:30 PM at
the Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember
Carpenter 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. The City Clerk
was also present. City Attorney Scott Stalker was absent.
Councilmember Krug moved to approve the minutes from the previous meeting
and Councilmember Cooke seconded. All voted for.
Councilmember Terrell moved to approve the prepared agenda. Councilmember
Smart seconded and all voted for.
PRESENTATION BY MAIN STREET BATESVILLE
Mr. Bob Carius and Ms. Kimberly Harper with Main Street Batesville gave a
presentation to the council including Main Street's mission statement, goals and
completions, economy statistics, and a 2006 budget. Main Street is asking for
$10,000.00 from the City for 2006. Mr. Carius also went on record to say that the Main
Street Board was in full support of the proposed A & P Tax.
PROPOSED RE-ZONING IN NORTH PARK SUBDIVISION
Max McElmurry addressed the council asking for a re-zone for the newly
annexed subdivision, North Park Addition. Councilmember Terrell moved to table the
ordinance and have it reviewed by an attorney. Councilmember Mynatt seconded. All
voted for.
DISCUSSION RELATING TO CHADWICK AND DYLAN STREETS
Attorney Stephens Giles addressed the council regarding the Chadwick and
Dylan Streets lawsuit. Mr. Giles said he and the involved parties had reached a
settlement on three separate issues if approved by the council. The first issue pertains
to the paving of Chadwick extended. Mr. Giles said Mr. Anderson and Mr. Vinson have
agreed to pay the cost of building the street and cover it with chip seal. The expense to
the landowners will be a combined expense of approximately $2,500.00. The City will
then pay for the expense to bring the street up to city code which would include
installing curbs, gutters and covering with asphalt. The cost to the City will be
approximately $4,700.00. Mr. Charles Goff has agreed to reimburse the City for its cost
to bring Chadwick extended up to city code if he sells any additional lot from his
property that would use Chadwick Street for ingress or egress. The second issue is the
paving of Dylan Street. Mr. Giles said the parties involved want Dylan to remain a
private drive. They will construct the drive 12' wide and cover with chip seal. The drive
will serve 6 lots and will remain a private drive, not maintained by the city. The third
issue is the platting of the 6 lot subdivision. The parties involved will have the
subdivision surveyed and provide a plat to the Planning Commission and city council for
approval. Mr. Giles encouraged the council to accept the proposals. He said to take
the issue to court would take a long time and he has been assured by the parties
involved that they would appeal any decision that did not go in their favor. The Release
and Settlement Agreement will say the following: "The parties agree to this Release
and Settlement Agreement for the purpose of the efficient and effective resolution of this
dispute and to avoid the risk, cost and delay incurred by continued litigation. It is
understood and agreed that this Agreement is a compromise of disputed claims and
that the covenants and considerations exchanged hereunder are not to be construed as
an admission of liability on the part of any party hereby released nor construed as a
precedent on the part of the City of Batesville, Arkansas, and that this Agreement is
intended to avoid the risk, cost and delay which will be incurred by continued litigations,
and to accomplish the construction of the streets as provided for herein."
Councilmember Carpenter moved to accept all three agreements and
Councilmember Matthews seconded. All voted for. Mayor Biard asked the council not
the use the contract surfacing line item in the Street Department budget to pave
Chadwick because he already had those monies dedicated for other street pavings.
The council agreed to find another source for paving Chadwick.
SIGN ORDINANCE DISCUSSION
Mr. Giles also discussed the proposed sign ordinance with the council. He said
that for the most part it was a good document. He did have a few recommendations for
the ordinance to strengthen it. Councilmember Matthews moved for Mr. Giles to take
our proposed sign ordinance and make his recommended changes and Councilmember
Carpenter seconded. All voted for.
EXECUTIVE SESSION
Councilmember Mynatt moved to go into executive session and Councilmember
Cooke seconded. All voted for.
Upon returning from executive session, Councilmember Terrell moved to appoint
Nancy Phillips to the Housing Authority. Councilmember Smart seconded and all voted
for. Ms. Phillips will be replacing her husband, Bill Phillips who recently passed away.
The term will end May 27, 2010.
Councilmember Krug moved to appoint Michael Fagan to the Planning
Commission to replace Dr. Paul Hance who recently gave his resignation.
Councilmember Terrell seconded and all voted for. Mr. Fagan's term will end June 10,
2008.
Councilmember Matthews moved to re-appoint Charles Barnett to the Airport
Commission and Councilmember Smart seconded. All voted for. Mr. Barnett's new
term will end November 9, 2010.
LEVY OF TAXES
Councilmember Carpenter moved to approve the millage rate for 2006 at the
current rate of 3.6 mills for City General and 0.4 mills for City Fire for a total of 4.0 mills.
Councilmember Terrell seconded and all voted for.
MAYOR'S ANNOUNCEMENTS
Mayor Biard said he hopes to have found a piece of property to construct the
new animal control facility. The property is located near the intersection of State and
College Streets. Councilmember Krug moved to give the Mayor authority to negotiate
for the property and Councilmember Terrell seconded. All voted for.
There being no further business, Councilmember Krug moved that the meeting
be adjourned. Councilmember Carpenter seconded and all voted for.
JOE M. BIARD, MAYOR
DENISE M. JOHNSTON, CITY CLERK