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HomeMy WebLinkAbout2005-02-08 MINUTES OF COUNCIL FEBRUARY 8, 2005 The Batesville City Council met in regular session on February 8, at 5:30 PM at the Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember Pectol gave the invocation. Upon roll call the following Councilmembers answered present: R.L. Carpenter, John Cooke, Fred Krug, Douglas Matthews, Jim Mitchum, Dana Mynatt, Jerry Pectol, and Paula Terrell. The City Clerk Denise Johnston was also present. City Attorney Scott Stalker was absent. Councilmember Pectol moved to approve the minutes from the last meeting. Councilmember Krug seconded and all voted for. Councilmember Matthews moved to approve the prepared agenda as amended. Councilmember Terrell seconded and all voted for. SHERIFF'S REPORT Sheriff Keith Bowers gave the council his monthly activities report. UTILITIES PRESENTATION OF PROJECTS COMING UP THIS YEAR Mr.'s Larry Tharnish, Larry Reeves, Jerry Jeffery and Nick Baxter, all with the Batesville Water Utilities addressed the council and gave a slide presentation showing current projects and future projects for 2005. PROPOSED ORDINANCE FROM UTILITIES FOR PAYMENT ON DAMAGES Councilmember Mitchum introduces an ordinance that would authorize hearings and payments of claims for injury to property occasioned by operation of the water distribution and sewerage collection systems of Batesville. Mayor Biard read the ordinance in full and Councilmember Terrell moved to suspend the rules for the second and third readings and Councilmember Mitchum seconded. The roll call count was 8 for and 0 against. Councilmember Matthews moved to adopt the ordinance and Councilmember Terrell seconded. The roll call count was 8 for and 0 against. The ordinance was given 42005-2-1. Councilmember Carpenter moved to adopt the emergency clause and Councilmember Matthews seconded. All voted for. COUNCIL DISCUSSION CONCERNING PROPERTY IN GOFF ADDITION AS REQUEST BY COUNCIL The council discussed at length the question of the paving of Chadwick and Dylan streets and whether the construction of three houses constitutes a subdivision and if so who developed the subdivision. The council reached the conclusion that when the parcel of land was purchased and then divided into three lots, it was constituted a subdivision according to the Batesville Subdivision Regulations. The first decision to be made was the paving of the portion of Chadwick that was originally platted. The council concluded that the 150 feet of Chadwick in question seemed to be plated in the original Eastwood Estates Addition Plat. Councilmember Terrell moved that Mr. Charles Goff pave, gutter and curb to City code the approximately 150 feet portion of Chadwick Street beginning at Franklin Street. Mrs. Terrell added that the paving should be completed by July 1, 2005. Councilmember Carpenter seconded and all voted for. The council then concluded that Mr. Charles Goff and Mr. Mark Goff should be responsible for paving, curbing and guttering to City code what now is being referred to as Chadwick Extended which begins at the end of the 150 feet of the platted Chadwick and runs to the property line of Mr. Gary Vinson. Councilmember Carpenter moved that Mr. Charles Goff and Mr. Mark Goff bring the portion of Chadwick Extended up to City code by July 1, 2005. Councilmember Krug seconded and all voted for. The final discussion was the portion of Dylan that is used by three homeowners as personal drives. The council discussed that the best solution was to place a cul-de-sac at the end but the question arose on who was responsible for the paving. Councilmember Terrell moved to table the decision until the next meeting and Councilmember Mitchum seconded. All voted for. The council asked to have both Charles and Mark Goff at the next meeting and for them to bring a plat of the subdivision to the March 8th meeting. CONSIDER ORDINANCE TO AMEND 2004 BUDGET Mayor Biard read an ordinance that would amend the 2004 budget. Councilmember Terrell moved to suspend the rules for the second and third readings and Councilmember Pectol seconded. The roll call count was 8 for and 0 against. A motion was made and seconded to adopt the ordinance and the roll call count was 8 for and 0 against. The ordinance was given 42005-2-2. DISCUSSION OF RETAINING WALL ON PROPERTY AT FRED'S DOLLAR STORE The council discussed and looked at pictures of the property at Fred's Dollar Store. There are several problems with the current retaining wall. Several adjacent land owners were present and said they had lost trees and property due to the erosion and failing retaining wall. Mr. McClure wrote Summit Properties, the contractors who built the Fred's store, to inform them of the problems. Councilmember Carpenter moved that Mr. McClure notify the proper authorities and tell them the retaining wall problems need to be fixed immediately. If not corrected the city will take action which could include revoking the Certificate of Occupancy and/or fines. Councilmember Pectol seconded and all voted for. EXECUTIVE SESSION Councilmember Mitchum moved to go into executive session. Councilmember Terrell seconded. Upon returning from executive session, Councilmember Pectol moved to appoint Mr. Tommy Bryant to the Planning Commission. Councilmember Mynatt seconded and all voted for. Mr. Bryant will fill the unexpired term of Dr. Doug Matthews that will expire 6/10/05. MAYOR'S ANNOUNCEMENTS Mayor Biard said the first quarter Interlocal Meeting is scheduled for March 15 at 3:00 PM at City Hall. PAID BILLS REPORT The council was given a copy of the January Paid Bills Report. There being no further business, Councilmember Terrell moved that the meeting be adjourned. Councilmember Matthews seconded and all voted for. JOE M. BIARD, MAYOR DENISE M. JOHNSTON, CITY CLERK