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HomeMy WebLinkAbout2004-09-28 MINUTES OF COUNCIL SEPTEMBER 28, 2004 The Batesville City Council met in regular session on September 28, at 5:30 PM at the Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember Ford gave the invocation. Upon roll call the following Councilmembers answered present: Jim Cargill, R.L. Carpenter, Robert Ford, Gerald Gaither, Jim Mitchum, Jerry Pectol, Paula Terrell and Jim Watkins. Also present were the City Clerk Denise Johnston and the City Attorney Scott Stalker. Councilmember Ford moved to approve the minutes from the last meeting. Councilmember Cargill seconded and all voted for. Councilmember Ford moved to approve the prepared agenda as amended. Councilmember Cargill seconded and all voted for. CHARLES BARNETT, AIRPORT COMMISSIONER, SPEAKING ON HANGER ISSUE AT AIRPORT WITH REGARD TO EXPERIMENTAL AVIATION ASSOCIATION Mr. Charles Barnett, Airport Commissioner, addressed the council regarding a request to let the Experimental Aviation Association use the Hopwood Hanger. Mr. Barnett reiterated what Mrs. Amos said at the last meeting about the importance of the EAA. Mr. Barnett said they will draw up a short- term lease probably a 5-year lease. Councilmember Carpenter moved to grant the request and Councilmember Watkins seconded. All voted for. CONSIDERATION TO AMEND ORDINANCE 2004-4-1 TO LIMIT POWERS OF THE BATESVILLE RECREATIONAL FACILITIES BOARD. Mayor Biard read in full an ordinance that will amend ordinance 2004-4-1. After the first reading, Attorney Steve Bell and Dr. Bill Beller addressed the council. They explained that the amendment would add additional limits to the Batesville Recreational Facilities Board than required by Act 142 of 1975. They explained that Act 142 does not limit the way funds can be spent. The Recreation Steering Committee wanted to place limits on how the money can be spent and according to Mr. Bell amending the original ordinance was the best way to place those limits. Councilmember Watkins moved to suspend the rules and place the ordinance on the second reading by title only. Councilmember Carpenter seconded and the roll call count was 8 for and 0 against. The Mayor read the ordinance for the second reading and Councilmember Watkins moved to further suspend the rules and place the ordinance on the third reading by title only. Councilmember Cargill seconded and the roll call count was 8 for and 0 against. The Mayor read the ordinance for the final reading and Councilmember Cargill moved to adopt the ordinance. Councilmember Carpenter seconded and the roll call count was 7 for and 1 (Ford) against. The ordinance was given 42004-9-1. Councilmember Cargill moved to adopt the emergency clause and Councilmember Carpenter seconded. All voted for except Councilmember Ford. CONSIDERATION OF CLOSURE OF CHILDREN'S PARK AT RIVERSIDE PARK AT CERTAIN TIMES DUE TO VANDALISM Mayor Biard showed pictures of the Children's Park located next to Riverside Park. There was lots of trash including empty beer boxes. The Mayor read an ordinance that would set specific times that the park would be open and assessed fines for non-compliance. Councilmember Cargill moved to suspend the rules and place the ordinance on the second reading by title only. Councilmember Carpenter seconded and the roll call count was 8 for and 0 against. The Mayor read the ordinance for the second reading and Councilmember Watkins moved to further suspend the rules and place the ordinance on the third reading. Councilmember Carpenter seconded and the roll call count was 8 for and 0 against. The Mayor read the ordinance for the third and final reading and Councilmember Gaither moved to adopt the ordinance. Councilmember Watkins seconded and the roll call count was 8 for and 0 against. The ordinance was given 42004-9-2. Councilmember Cargill moved to adopt the emergency clause and Councilmember Carpenter seconded. All voted for. CONSIDER A RESOLUTION TO CONDEMN 810 21sT STREET Code Enforcement Office Chad McClure addressed the council regarding property located at 810 21st Street. He said he had talked to the owner, Steve Bryant, today and was told he should have the house torn down within the next 30 days. Mr. McClure said they had moved the equipment that was being stored in the house. He said if they pass the resolution it would still give Mr. Bryant 30 days to have the house torn down. Mayor Biard read the resolution in full. Councilmember Gaither moved to adopt the resolution and Councilmember Carpenter seconded. All voted for. The resolution was given#2004-9-1-R. MAYOR'S ANNOUNCEMENTS Mayor Biard read the following prepared statement regarding the incorporation of Southside as a city: "This statement is not intended to be of a divisive nature or cause friction among citizens whether in or out of the City of Batesville. The intent is to make clear recent history and issue perhaps a policy statement on the Southside issue before we get further into the efforts to incorporate Southside. I ask you to listen very carefully in order that everyone understands what was said. Again,by addressing this issue now,people will understand where we stand as has been requested. Let me say too that this is not intended to stir talk of annexation at this point but rather to speak to the Southside incorporation plan. My hope is that someway, somehow,compromise can be made but as we all know,that is often not possible. I will say that some time ago,I was invited to a Southside School dedication,and I was very warmly received especially by the students. Now to the points I wish to make. Approximately two months ago,I met was a group from the Southside area. Their request was to ask my feeling about the incorporation. My reply was I was glad to meet with them and give my personal opinion as of that day and was only my opinion and was not the opinion of anyone else including the city council. The group meeting with me was perhaps 8 or 9 people. The meeting was very cordial and was to the point. They were very courteous and I believe they left having a better understanding of what I thought. Here is what I said: I would personally like to preserve the following areas for Batesville development---Denison Heights,come around by the airport,take in Clearview Addition and Riverview Additions. As to other areas beyond that point,I would let other debate that. On September 20,2004,a local paper printed the proposed incorporated area coming north all the way to Ramsey Mountain. After not taking into consideration what I had said to the group,I'm not sure that I would not consider the 5-mile rule, however,I personally would leave the doors of compromise open. I was quoted in the paper as saying"the Mayor was pretty supportive"which seemed to indicate I was supportive of the map in the paper. I do not believe this was said to deceive. What the gentlemen was referring to was my meeting with the group which I said earlier was cordial and friendly. At that time,I called Brandon Gay and Gary Mize to say that under the circumstances,I was not sure I could stay with the boundaries I gave to the group. They received my call well and was left at that. The paper also quoted organizers as saying Batesville has 13 or 14 square miles. I think it is really 10.2 square miles. Also in the same article,it quoted David Payne, another organizer as saying,"According to State Law---"we do not need to request permission from the City of Batesville." I differ with that statement after looking,at length as Arkansas Local Laws 14-38-101 and 14-56-413. However,I will concede that in many law,there are some its,ands,gray areas, etc. But the laws on incorporation are quite clear. I am told they have contacted an attorney and he is advising them as to how to proceed. If this issue goes further,I am sure you will be hearing a lot about"Natural Barriers." I do not believe this to be a problem. At his point,I will ask the City Council that if there is a legal problem coming,if City Attorney Scott Stalker needs additional assistance,I will have the authority to act in a timely manner. We will also need input from the City Council if they want to proceed along the lines of saving the 5-mile limit or consider the area of Denison Heights to the airport and to the Clearview and Riverview Additions. In summation,there may be a question of the 5-mile limitation as relating to all or none. The City Council will need,in any event,to decide: 1)Do you want to exercise you right?2)If you do,do you want to go the full 5 miles or,if you can,do you want to try to compromise as I mentioned earlier and if so,what is the compromise." After a brief discussion, the council agreed to give the Mayor authority to act in a timely manor with an additional attorney if Mr. Stalker feels he needs help. Also, Councilmember Cargill moved to exercise the 5-mile rule and Councilmember Carpenter seconded. All voted for. Mayor Biard said that October 31, Halloween, falls on Sunday this year and told the council that he decided to change the date to observe Halloween to Saturday, October 30. The council was in agreement. The Mayor announced that the leaf truck would start after the first full frost. The Mayor said he received bids on painting the tower at the Fire Training Center. $3,471.00 to paint the tower and an additional $2,835.00 to paint the City's logo. The council said they wanted to wait and see how the budget is coming before making a decision. CEMETERY RESOLUTION The council considered a cemetery resolution for Steve Sanders, 42004-258-1 for $100.00. Councilmember Mitchum moved to accept the resolution and Councilmember Watkins seconded. All voted for. There being no further business, Councilmember Mitchum moved that the meeting be adjourned. Councilmember Terrell seconded and all voted for. JOE M. BIARD, MAYOR DENISE M. JOHNSTON, CITY CLERK