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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