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Home My WebLink About1998-08-25 MINUTES OF COUNCIL AUGUST 25, 1998 The Batesville City Council met for its regular meeting on August 25, at 5:30 P.M. at the Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember Ford gave the invocation. Upon roll call, all the council answered present except for Councilmember Gaither. Also present were the City Clerk and the City Attorney. Councilmember Ford moved to approve the minutes from the last meeting. Councilmember Pectol seconded and all voted for. Councilmember Ford moved to approve the prepared agenda as amended and Councilmember Cargill seconded. All voted for. REQUEST TO CLOSE FIRST STREET (OR CHURCH) APPROXIMATELY '/2 BLOCK ON COLLEGE FROM ST. LOUIS STREET Attorney Scott Ellington addressed the council regarding closing First Street (or Church) which is approximately '/2 of a block long. The Street has been platted but never been opened or used as a street. Mr. Ellington represents Doris B. Cain, Merylin Rowlett, Charles Henry Beel, and Bobby J. Beel who are the landowners on either side of the street. Mr. Ellington said he lacked one signature of an adjoining landowner which he planned to have soon. Mr. Ellington asked the council to set a public hearing on the matter on September 22. Mayor Biard asked Mr. Ellington to tell the landowners they needed to clean up the property adjoining the street within the next two weeks. Councilmember Cargill moved to set the public hearing and Councilmember Carpenter seconded and all voted for. CONSIDER AN ORDINANCE TO RE-ZONE CERTAIN PROPERTY FROM R-2 TO HRD R-1 (HISTORIC DISTRICT R-1) Councilmember Cargill introduced an ordinance that would re-zone certain property from R-2 to HRD R-1. The property includes Blocks 63, 64 and Lots 1, 2, 3, 8, 9, 10 of Block 26 in the School Addition. Mr. Bill Olson presented a map of the area and said that the block that was included in the previous request has been omitted to satisfy those were in opposition. Mayor Biard read the ordinance and Councilmember Bone moved to suspend the rules and place the ordinance on the second reading. Councilmember Carpenter seconded and the roll call count was 7 for and 0 against. The Mayor read the ordinance for the second reading and Councilmember Gaither moved to further suspend the rules and place the ordinance on the third reading. Councilmember Bone seconded and the roll call count was 7 for and 0 against. The Mayor read the ordinance for the final reading and Councilmember Bone moved to adopt the ordinance. Councilmember Carpenter seconded and the roll call count was 6 for and 1 (Insell) against. The ordinance was given #98-8-1. Councilmember Bone moved to adopt the emergency clause and Councilmember Carpenter seconded. The roll call count was 6 for and 1 (Insell) against. CONSIDER AMENDING THE CURRENT ANIMAL CONTROL ORDINANCE Councilmember Bone introduced an ordinance that would amend the current animal control ordinance. Animal Control Officer Bill Burrus was present to answer questions from the council. The Mayor read the amendments and opened the floor for discussion. After a discussion the council asked to put the ordinance on the agenda for the next meeting for the second reading. CONSIDER AN ORDINANCE TO RE-ZONE CERTAIN PROPERTY FROM R-1 TO C-2 Councilmember Cargill introduced an ordinance to re-zone certain property from R-1 to C-2 owned by Ideal Baking Company. The property is located on Hwy 167 North near the intersection of White Drive. Mayor Biard read the ordinance for the first reading and Councilmember Bone moved to place the ordinance on the second reading. Councilmember Cargill seconded and the roll call count was 7 for and 0 against. The Mayor read the ordinance for the second reading and Councilmember Cargill moved to further suspend the rules and place the ordinance on the final reading. Councilmember Bone seconded and the roll call count was 7 for and 0 against. The Mayor read the ordinance for the third and final reading and Councilmember Bone moved to adopt the ordinance. Councilmember Insell seconded and the roll call count was 7 for and 0 against. The ordinance was given #98-8-2. Councilmember Cargill moved to adopt the emergency clause and Councilmember Carpenter seconded. The roll call count was 7 for and 0 against. DISCUSSION OF THE SKATEBOARD RAMP Parks Director Randy Palmer addressed the council and discussed the cost involved in construction of a skateboard ramp. Mr. Palmer said a 50 X 100 area constructed of asphalt and wood would cost approximately $13,600. The same size made of concrete would cost around $15,000. Mayor Biard said he felt the best place to construct a new ramp would be next to the tennis courts at Fitzhugh Park. After a discussion, the Mayor asked the group requesting the new ramp to form a committee, work up a proposal and present it to the council for consideration. Councilmembers Insell and Pectol volunteered to work with the group. DISCUSSION WITH PLANNING COMMISSIONERS CONCERNING RE-WRITE OF ZONING CODES Members of the Batesville Planning Commission were present to discuss the appointment of a committee to re-write the city's current zoning codes. The Mayor gave the council and commissioners a list that he was recommending to serve on the committee: The Mayor's recommendations were: George Collins, Craig Ogilvie, Scott Stalker, Eric Hance, Jim Cargill, Chad McClure, Paul Mitchell, Bill Olson, Bill Jett, Gary Ennis, Jan Smith, Herman Lee, Nancy Biard, Woody Castleberry, H.D. Bailey, and all the current members of the Planning Commission. Councilmember Cargill moved for Chairman Buie to add to the list as he saw fit and go forward with the re-write project. Councilmember Mitchum seconded and all voted for. CONSIDER PLACING A STOP SIGN ON EAGLE MOUNTAIN BLVD. Citizens living in Eagle Mountain have requested replacing a yield sign with a stop sign on Eagle Mountain Blvd. at the intersection of Eagle Mountain Blvd. and Woodmont Circle. Councilmember Bone moved to erect the stop sign as requested and Councilmember Cargill seconded. All voted for. CONSIDER PAY INCREASE FOR ELECTRICAL INSPECTOR Mayor Biard asked the council to increase the pay for Paul Mitchell, City Electrical Inspector, from $140.00 per week to $300.00. The Mayor said Mr. Mitchell was hired to work 20 hours but is having to work between 30 to 40 per week. Councilmember Insell moved to increase the pay and Councilmember Pectol seconded. All voted for. MAYOR'S ANNOUNCEMENTS Mayor Biard said he was trying to negotiate with the owners of the vacant property on 4t" Street to be used for parking. The Mayor said he felt that a deal could be worked out with the owners if the City put SB-2 on the lot and possibly pay a small monthly fee. Councilmember Insell moved for the Mayor to pursue the quest for the additional parking for downtown Batesville. Councilmember Pectol seconded and all voted for. The Mayor said that Mr. Robert Bailey approached him requesting to move back into the Lock-Keepers House at Riverside Park. The Mayor said Mr. Bailey would live in the house rent free in compensation for his patrolling Riverside Park and Chaney Drive. The Mayor said the arrangement would be indefinite and could be terminated by the City at anytime. Councilmember Insell moved to let Mr. Bailey moved into the house and Councilmember Mitchum seconded. All voted for. REPORT ON UNSIGHTLY PROPERTY Chad McClure showed the council a videotape on property located on Lawrence Street. The property in the past was used as a sign business. Mr. McClure said he has been in contact with the property owner regarding the unsightly condition. He said the landowner said he was not going to continue the sign business and has contacted an auctioneer to conduct an auction this fall. Councilmember Bone moved for Mr. McClure to notify the landowner that if the property is not cleaned up by November 1, the City will start the condemnation procedures. Councilmember Cargill seconded and all voted for. Councilmember Bone asked what the City could do on two commercial properties in the City. Imperial Motors located on North St. Louis Street and the property located at the intersection of Main and Central. Ms. Bone said that Imperial Motors looks more like a junkyard than a used car lot. She said the property at Main and Central has been an eye sore for many years and she has had numerous complaints on both pieces of properties. The Mayor said the council could request Mr. McClure to contact the business owners, express the councils concerns regarding the conditions of the properties and ask them to submit in 30 days a plan as to how they plan to clean up their properties. If the businesses fail to respond to the request, the City could proceed with condemnation. Ms. Bone requested that Mr. McClure contact the owners with such requests and report back to the council with their responses. 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