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HomeMy WebLinkAbout1999-01-12 MINUTES OF COUNCIL JANUARY 12, 1999 The Batesville City Council met for its regular meeting on January 12, at 5:30 P.M. at the Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember Pectol gave the invocation. Upon roll call, all the council answered present. Also present were the City Clerk and newly elected City Attorney Scott Stalker. Councilmember Ford moved to approve the minutes from the previous meeting. Councilmember Insell seconded and all voted for. Councilmember Ford moved to approve the prepared agenda as amended. Councilmember Cargill seconded and all voted for. CONSIDER REPEALING ORDINANCE NO. 98-1-1 RE: CHANGING CERTAIN PROPERTY BACK TO THE ORIGINAL C-2 CLASSIFICATION. The council considered an ordinance that will repeal ordinance 498-1-1. The ordinance re-zoned property owned by NationsBank from C-2 to C-3. Mayor Biard said shortly after the adoption of the ordinance the intent to sell the property to the Batesville Housing Authority fell through and the re-zoning was not necessary. The ordinance was never published therefore was never in effect. The Mayor played a videotape of where the land is located. The Mayor read the ordinance for the first reading. Councilmember Cargill moved to suspend the rules and place the ordinance on the second reading. Councilmember Gaither seconded and the roll call count was 8 for and 0 against. The Mayor read the ordinance for the second reading. Councilmember Bone moved to further suspend the rules and place the ordinance on the final reading. Councilmember Insell seconded and the roll call count was 8 for and 0 against. The Mayor read the ordinance for the final reading. Councilmember Cargill moved to adopt the ordinance and Councilmember Gaither seconded. The roll call count was 8 for and 0 against. The ordinance was given 499-1-1. Councilmember Gaither moved to adopt the emergency clause and Councilmember Bone seconded. The roll call count was 8 for and 0 against. REPORT ON THE LANDERS THEATRE - ATTORNEY GARY VINSON Mr. William Langston along with his attorney Mr. Gary Vinson addressed the council regarding the work being preformed on the Landers Theatre. The Mayor showed a video of the property which showed several areas where the property is unstable and very hazardous. Mr. Vinson said his client is currently seeking liability insurance and should have a $100,000 binder for liability this week. He also said they have visited with the City Electrical Inspector Mr. Mitchell and Entergy regarding the wiring for the front part of the building. Because of several delays, the remodeling will take longer than anticipated. CONSIDER AN ORDINANCE ESTABLISHING SMOKE-FREE AREAS WITHIN BATESVILLE —THIRD READING Mayor Biard read the ordinance for the third and final reading. Amanda Roberts and Angela Dugger with the Independence County Smoke Free Collation addressed the council regarding the smoke-free ordinance. They gave several reasons why they feel the city should adopt the ordinance. Mr. Jim Ives along with several citizens and business owners spoke against the ordinance. The business owners feel that the city should not put additional regulations on business owners. Several citizens expressed the same opinion as the business owners. After a lengthy discussion, Councilmember Cargill moved to vote on the adoption of the ordinance and Councilmember Carpenter seconded. The roll call count was 4 for(Pectol, Ford, Insell and Carpenter) and 4 against (Bone, Gaither, Mitchum and Cargill). The Mayor chose not to break the tie therefore the adoption failed. Councilmember Insell moved to amend the ordinance and put it to a vote before the citizens of Batesville. Councilmember Pectol seconded. The council discussed how and when to place the ordinance on a ballot and that the ordinance needed to be amended before it is put to a vote of the people. With several questions unanswered, Councilmember Mitchum moved to table Councilmember Insell's motion. Councilmember Bone seconded and the roll call count was 7 for and 1 (Insell) against. CONSIDER AN ORDINANCE TO RE-ZONE CERTAIN PROPERTY OWNED BY BELIEVERS OUTREACH CENTER CHURCH FROM R-2 TO C-2 The council considered an ordinance that would re-zone certain property owned by Believers Outreach Center Church from R-2 to C-2. Mayor Biard read the ordinance in full. Councilmember Gaither moved to suspend the rules and place the ordinance on the second reading. Councilmember Cargill seconded and the roll call count was 7 for, 0 against and 1 abstain (Insell). The Mayor read the ordinance for the second reading and Councilmember Bone moved to further suspend the rules and place the ordinance on the third reading. Councilmember Cargill seconded and the roll call count was 7 for, 0 against and 1 abstain (Insell). The Mayor read the ordinance for the final reading and Councilmember Gaither moved to adopt the ordinance and Councilmember Cargill seconded. The roll call count was 7 for, 0 against and 1 abstain (Insell). The ordinance was given 499-1-2. Councilmember Cargill moved to adopt the emergency clause and Councilmember Carpenter seconded. The roll call count was 7 for, 0 against and 1 abstain (Insell). CONSIDER AN ORDINANCE TO WAVE COMPETITIVE BIDDING ON CERTAIN ITEMS FOR 1999 The council considered an ordinance which would wave competitive bidding for the calendar year of 1999 on the purchase of used equipment, SB-2, hot mix asphalt, cold mix asphalt and employee health insurance. The Mayor read the ordinance for the first reading and Councilmember Bone moved to suspend the rules and place the ordinance on the second reading. Councilmember Cargill seconded and the roll call count was 8 for and 0 against. The Mayor read the ordinance for the second reading and Councilmember Bone moved to further suspend the rules and place the ordinance on the third reading. Councilmember Cargill seconded and the roll call count was 8 for and 0 against. Mayor Biard read the ordinance for the final reading and Councilmember Cargill moved to adopt the ordinance. Councilmember Bone seconded and the roll call count was 7 for and 1 (Carpenter) against. The ordinance was given 499-1-3. Councilmember Gaither moved to adopt the emergency clause and Councilmember Insell seconded. The roll call count was 7 for and 1 (Carpenter) against. MAYOR'S ANNOUNCEMENT'S Mayor Biard announced that the city has been approved for a $50,000 grant to purchase the radio station property. The Mayor said he was notified last week by Governor Huckabee and believes that the Governor will come to Batesville and present the check. The bids were opened for the construction of the traffic signal at 20th and Harrison streets. The low bid was $50,955.45. The breakdown on the cost is 80% federal 10% state and 10% City. The construction should be completed by June 30. The Mayor asked the council if they would like to change the last meeting in January to Monday the 25'. The Chamber of Commerce annual banquet is Tuesday the 26th. Councilmember Gaither moved to change the meeting and Councilmember Cargill seconded. All voted for. Mayor Biard asked for 3 councilmembers to form a committee to consider a health insurance proposal from Arkansas Blue Cross and Blue Shield. The members are Mr. Insell, Mr. Pectol and Ms. Bone. The airport has been approved to receive a $300,000 federal grant to put a 2" overlay on the airport runways. The breakdown for the project is 90% federal, 5% state and 5% City. The project will cost the City's airport approximately $15,000.00. FINANCIAL STATEMENT The council was given a copy of the financial statement for the month ending November 30, 1998. CEMETERY RESOLUTION The council considered two cemetery resolutions; John Byrd, Resolution 499-12- 1, $200.00, and Alvin H. Byrd, Resolution 499-12-2, $100.00. Councilmember Insell moved to adopt the resolutions and Councilmember Gaither seconded. All voted for. REVIEW BILLS After a review of the bills, Councilmember Gaither moved that they be paid and Councilmember Insell seconded. All voted for. LIAISON REPORTS Councilmember Insell asked if he should remain a liaison to the Emergency Medical Service since the city no longer gives funds to the ambulance service. Mayor Biard said there was no reason for Mr. Insell to attend the EMS meetings and said he would mail them a letter telling them that the city would no longer send a liaison to their meeting. The Mayor asked Mr. Insell to serve as liaison to the Parks Commission along with Mr. Cargill. There being no further business, Councilmember Mitchum moved that the meeting be adjourned. Councilmember Insell seconded and all voted for. JOE M. BIARD, MAYOR DENISE M. JOHNSTON, CITY CLERK