HomeMy WebLinkAbout2005-02-22 MINUTES OF COUNCIL
FEBRUARY 22, 2005
The Batesville City Council met in regular session on February 22, 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, Douglas Matthews, Jim Mitchum, Dana Mynatt, Jerry Pectol, and Paula
Terrell. Also present were the City Clerk Denise Johnston and the City Attorney Scott Stalker.
Councilmember Pectol moved to approve the minutes from the last meeting.
Councilmember Krug seconded and all voted for.
Councilmember Terrell moved to approve the prepared agenda as amended.
Councilmember Matthews seconded and all voted for.
CONSIDERATION OF LETTER TO STATE HIGHWAY DEPARTMENT CONCERNING
APPROXIMATELY 0.19 ACRES FOR WIDENING HARRISON STREET
Mr. Tucker and Mr. Scruggs form the Highway Department addressed the council regarding
the widening of Harrison Street. They said that when the Highway Department takes land from a
city park they require a letter from that entity giving approval for the taking of the land. With the
widening of Harrison Street, 0.19 acres of the Fitzhugh Park Swimming Pool parking lot will need
to be taken by the Highway Department. Councilmember Terrell moved for the Mayor to send a
letter stating that the project will not impair the use of Fitzhugh Park and its intended purpose or
will not result in temporary or permanent change to activities or attributes which are important to
the purpose of the function of Fitzhugh Park. Councilmember Mitchum seconded. All voted for.
PROPOSED RESOLUTION CONCERNING PHONE SERVICE IN INDEPENDENCE
COUNTY
Mayor Biard read a resolution to enact area wide phone coverage for Independence County.
The resolution states that it is the desire of the City Council for all the communities within
Independence County to have local connections to avoid hardships to make calls to families,
schools, hospitals, and etc. within our community. Mayor Biard said the Quorum Court and other
communities within the County had also passed similar resolutions. Councilmember Terrell moved
to adopt the resolution and Councilmember Krug seconded. All voted for. The resolution was
given 42005-2-1-R.
PROPOSED ORDINANCE TO RE-ZONE 10 ACRES NEAR WEAVER LANE FROM R-1
TO R-2
Mayor Biard read an ordinance to re-zone certain property from R-1 to R-2. Mr. Steve Bell,
Attorney for Mr. R.M. Weaver, owner of the property, said the property is located just off Weaver
Lane. The council discussed the matter of spot zoning. The property next to the highway is zoned
C-1. If the proposed re-zoning is approved, there will be a portion of land between the Hwy C-1
and the new zoning R-2 remaining as R-1. Mr. Bell said that if the council approves the proposed
re-zoning they would come back to the council with a re-zoning proposal for the remaining partial
of land to avoid any spot zoning. Councilmember Matthews moved to suspend the second and third
readings and Councilmember Pectol seconded. The roll call count was 8 for and 0 against.
Councilmember Carpenter moved to adopt the ordinance with the provision that Mr. Weaver will
come back with a re-zone request of either R-2, C-1 or C-2 within 60 days for the remaining partial
of land. Councilmember Terrell seconded and the roll call count was 8 for and 0 against. The
ordinance was given 42005-2-3. Councilmember Pectol moved to adopt the emergency clause and
Councilmember Matthews seconded. The motion passed.
DISCUSSION CONCERNING CHADWICK AND DYLAN LANES
Mr. Charles Goff and Mr. Mark Goff were present to discuss the recent decision by the
council to pave portions of Chadwick and Dylan Lanes. Mayor Biard said the Goff s had hired
Attorney Bob Stroud who could not be at the meeting but sent a letter asking the council to hold off
on any decisions regarding Chadwick and Dylan Lanes. Councilmember Carpenter said the council
made an 8 to 0 decision regarding the issue at the last meeting and didn't feel that there was any
reason to discuss it anymore. The Mayor asked the council how he should respond to Mr. Stroud's
letter. The council instructed the Mayor to respond that they had already made their decision and
the issue would from this point be decided in a court of law.
WELLNESS COALITION PRESENTATION
Mr. Dennis Moore with the Independence County Hometown Wellness Coalition addressed
the council with an invitation to attend a presentation entitled "Second-Hand Smoke--What Science
Says". Dr. Robert M. Shepard of Helena, Montana will be the speaker. The presentation will be
March 3, 2005 at 6:30 PM at UACCB.
APPROVAL OF OUT OF STATE TRAVEL FOR ANIMAL CONTROL
Councilmember Terrell moved to approve out of state travel for ACO Jeff Pender for
continuing education in Scottsdale, Arizona. Councilmember Mynatt seconded and all voted for.
MAYOR ANNOUNCEMENTS
Mayor Biard asked the council to consider placing stop signs at the intersection of Allen and
Stadium Drive. The Mayor showed the council a diagram of how the additional stop signs will
make the intersection more efficient. Councilmember Carpenter moved to place the stop signs and
Councilmember Terrell seconded. All voted for.
CEMETERY RESOLUTION
The council considered a Cemetery Resolution for Ruth Lois McMillan for $600.00,
resolution 42005-53-1. Councilmember Mitchum moved to accept the resolution and
Councilmember Matthews seconded. All voted for.
CITY ATTORNEY REPORT ON 2060 COLLEGE STREET
Mr. Stalker said he talked to the bankruptcy attorney for Mr. Bales regarding the property at
2060 College Street. He said Mr. Bales attorney had petitioned the court to take the property out of
bankruptcy. Mr. Stalker advised the council to wait until this request was granted then proceed with
the demolition of the property.
FINANCIAL REPORTS
The council was given a final copy of the December 2004 financial statement and the
January 2005 financial statement.
DISPOSAL OF EQUIPMENT
The council was told of the disposal of a 1981 Dodge 3/4 ton Truck from the Street
department and a Canon NP 6025 copier. Both items were junked.
COUNCIL COMMENTS
Councilmember Carpenter said he was concerned that the City did not have a current and up
to date zoning and boundary map. The council discussed the cost involved in getting such a map
and the Mayor suggested doing it slowly because of such costs. After a discussion, Councilmember
Carpenter moved that the Mayor proceed to getting an adequate zoning and boundary map for the
City. Councilmember Matthews seconded. All voted for.
There being no further business, Councilmember Mitchum moved that the meeting be
adjourned. Councilmember Carpenter seconded and all voted for.
JOE M. BIARD, MAYOR
DENISE M. JOHNSTON, CITY CLERK