The URL can be used to link to this page

Home My WebLink About2024-04-23-Agenda PacketRick Elumbaugh, Mayor Denise Johnston, Clerk Timothy Meitzen, Attorney A HISTORIC TREASURE e�n AGENDA CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 April 23, 2024 5:30 P.M. COUNCILMEMBERS Brittany Bennett Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Douglas Matthews Chris Poole Landon Reeves 1. CALL TO ORDER 2. INVOCATION 3. ROLL CALL BY CITY CLERK 4. APPROVAL OF MINUTES 5. APPROVAL OF AGENDA 6. COMMENTS FROM CITIZENS 7. UNFINISHED BUSINESS None 8. NEW BUSINESS A) Update from Fire Chief Mark McCollum B) Consider a resolution of intent regarding the Batesville Water Treatment Plant Improvement Project C) Consider a resolution designating and authorizing the Mayor and Manager of the Water and Sewer System to execute certain documents in connection with funding administered by the Arkansas Natural Resources Commission D) Consider an ordinance to amend the Batesville Zoning Districts Map - Central and Ross Street E) Consider an ordinance to amend the Batesville Zoning Districts Map - former Country Club property F) Executive Session 9. COMMENTS FROM THE MAYOR 10. LIAISON REPORTS 11. COMMENTS FROM COUNCIL MEMBERS (by roll call) 12. ADJOURNMENT Batesville- My Hometown... Make it Yours! RESOLUTION NO. A RESOLUTION OF INTENT REGARDING THE BATESVILLE WATER TREATMENT PLAN IMPROVEMENTS PROJECT WHEREAS, the City of Batesville, Arkansas (the "City") proposes to acquire, construct and equip improvements to the Batesville Water Treatment facilities (the "Project") and water and sewer systems (the "System"); and WHEREAS, the City proposes to obtain funds to accomplish the Project from the proceeds of water and sewer revenue bonds (the "Bonds") to be issued by the City in the maximum aggregate principal amount of $110Million and purchased in multiple advances by the Arkansas Development Finance Authority ("ADFA") as a part of the [Drinking] [Clean] Water State Revolving Loan Fund Program administered by the Arkansas Natural Resources Commission (the "Program"); and WHEREAS, the purchase price for the Bonds will be paid from proceeds of bonds issued by ADFA or other federal or state funds made available by the Program; and WHEREAS, the purpose of this Resolution is for the City to declare its "official intent" for the reimbursement of certain expenditures, within the meaning of Regulation Section 1.150-2 promulgated by the United States Treasury Department (the "Regulation"); NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Batesville, Arkansas: Section 1. The City hereby expresses its official intent to advance its own funds to pay costs of the Project prior to the issuance of the Bonds and to reimburse itself from proceeds of the Bonds. This Resolution shall be considered an "official intent" for purposes of the Regulation. Section 2. The City expects that, but does not limit, the sources of funds to be advanced for the Project prior to issuance of the Bonds will be System revenues. Section 3. A copy of this Resolution shall be filed in the official records of the City in the office of the City Clerk within ten (10) days from the adoption hereof. PASSED: , 2024. ATTEST: Denise M. Johnston, City Clerk APPROVED: Rick Elumbaugh, Mayor RESOLUTION NUMBER A RESOLUTION DESIGNATING AND AUTHORIZING THE MAYOR AND MANAGER OF THE WATER AND SEWER SYSTEM TO EXECUTE CERTAIN DOCUMENTS IN CONNECTION WITH FUNDING ADMINISTERED BY THE ARKANSAS NATURAL RESOURCES COMMISSION WHEREAS, the City of Batesville, Arkansas owns and operates a water treatment and sewer system (the "System") in order to provide water and sewer services to meet the needs of the City and its inhabitants; and WHEREAS, the City Council has determined that it is in the best interest of the City and its inhabitants to apply for assistance from the Arkansas Natural Resources Commission (the "ANRC"), in order to make certain improvements to the System; NOW, THEREFORE, BE IT RESOLVED by the City Council of Batesville, Arkansas: Section 1. That the Mayor of the City, as a Signatory Agent, is hereby authorized and directed to make application for assistance administered by the ANRC and to execute, when approved by the City Council, a bond purchase agreement and instruments issued or made pursuant thereto on behalf of the City from time to time. Section 2. That the Manager of the System and City Engineer, as a Signatory Agent, is hereby authorized to execute, for and on behalf of the City, all other documents and certificates required. PASSED: , 2024 ATTEST: Denise M. Johnston, City Clerk APPROVED: Rick Elumbaugh, Mayor NOTE: THIS RESOLUTION MUST BE SUBMITTED TO ANRC. ORDINANCE NO. AN ORDINANCE TO AMEND THE BATESVILLE ZONING DISTRICTS MAP; AND FOR OTHER PURPOSES. WHEREAS, a request was presented to the Batesville Planning Commission to amend the Zoning Districts map at the northeast corner of N. Central Ave and E Ross St, the same being 910 N Central Ave., from R-2 to C-2; and, WHEREAS, the Batesville Planning Commission has reviewed the relationship of this property with the Comprehensive Plan and determined that the proposed zoning is largely consistent with the commercial and/or office uses anticipated in said Plan; and, WHEREAS, the Batesville Planning Commission conducted a properly advertised public hearing on April 1, 2024 to consider said proposed amendment to the Zoning Districts Map; and, WHEREAS, the Batesville Planning Commission voted at its regularly scheduled meeting on April 1, 2024 to approve the requested amendment to the Zoning Districts Map as being in the best interest of the future development of the City of Batesville, and further recommends that the Batesville City Council adopt said amendment to the Zoning Districts Map. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS THAT THE BATESVILLE ZONING DISTRICTS MAP IS HEREBY AMENDED AS FOLLOWS: Section 1: 910 North Central Avenue, the same being Lot 1 of Block 26 of the Maxfield Western Addition to the City of Batesville, Assessor Parcel ID 1103132000, is hereby rezoned from General Family Residential District (R-2) to Commercial Community District (C-1). Section 2: IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE INVALID, SUCH INVALIDITY SHALL NOT AFFECT THE REMAINING PORTION OR PORTIONS OF THIS ORDINANCE. IT IS SO ORDAINED. IN WITNESS WHEREOF, we have set our hands this , day of , 2024. APPROVED: ATTEST: DENISE JOHNSTON, CLERK APPROVED AS TO LEGAL FORM: TIMOTHY MEITZEN, CITY ATTORNEY RICK ELUMBAUGH, MAYOR ORDINANCE NO. AN ORDINANCE TO AMEND THE BATESVILLE ZONING DISTRICTS MAP; AND FOR OTHER PURPOSES. WHEREAS, Lance Lamberth, dba Spitfire Investments LLC has requested that certain properties (known locally as the Former Batesville Country Club) be re -zoned in order to facilitate further development and proposed use of said properties; and, WHEREAS, the Batesville Planning Commission has reviewed the relationship of these properties with the Comprehensive Plan and determined that the proposed uses are largely consistent with the mixed use anticipated in said Plan; and, WHEREAS, the Batesville Planning Commission conducted a properly advertised public hearing on April 1, 2024 to consider said proposed amendment to the Zoning Districts Map; and, WHEREAS, the Batesville Planning Commission vote at its regularly scheduled meeting on April 1, 2024 to approve the requested amendment to the Zoning Districts Map as being in the best interest of the future development of the City of Batesville, and further recommends that the Batesville City Council adopt said amendment to the Zoning Districts Map. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS THAT THE BATESVILLE ZONING DISTRICTS MAP IS HEREBY AMENDED AS FOLLOWS: Section 1: For the following described property from existing zoning classifications to Community Commercial (C-1) as displayed on Exhibit A attached hereto A TRACT OF LAND BEING A PART OF THE S W I A OF SECTION 15, A PART OF THE NW1A, NW1A OF SECTION 22, TOWNSHIP 13 NORTH, RANGE 6 WEST, AND A PART OF VACATED 25TH STREET, A PART OF LOTS 1, 2, 3, 4, AND 5 OF BLOCK 8, A PART OF LOT 1 OF BLOCK 9, A PART OF VACATED 23RD STREET, A PART OF BLOCK 10, ALL IN THE FITZHUGH PARK ADDITION TO THE CITY OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING PIPE AT THE SOUTHWEST CORNER OF SAID SECTION 15, THENCE NORTH 01-31'32" EAST ALONG THE WEST LINE OF SAID SECTION 15 A DISTANCE OF 254.00 FEET; THENCE NORTH 31 °57'23" EAST A DISTANCE OF 617.97 FEET; THENCE NORTH 21 °39'24" EAST A DISTANCE OF 115.58 FEET; THENCE NORTH 21 °05'00" EAST A DISTANCE OF 133.76 FEET; THENCE NORTH 12059'03" EAST A DISTANCE OF 147.40 FEET; THENCE NORTH 11'30'53" EAST A DISTANCE OF 440.75 FEET; THENCE NORTH 28°2557" EAST A DISTANCE OF 427.16 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90°00'00"E A DISTANCE OF 164.08 FEET; THENCE SOUTH 00°00'00" EAST A DISTANCE OF 689.14 FEET; THENCE NORTH 90000'00" EAST A DISTANCE OF 181.93 FEET; THENCE NORTH 00012'28" WEST A DISTANCE OF 532.94 FEET; THENCE SOUTH 8804538" EAST A DISTANCE OF 599.77 FEET; THENCE SOUTH 17018'34" WEST A DISTANCE OF 544.62 FEET; THENCE NORTH 90000'00" WEST A DISTANCE OF 179.01 FEET; THENCE SOUTH 000 00'00" EAST A DISTANCE OF 165.14 FEET; THENCE SOUTH 43040'14" WEST A DISTANCE OF 693.82 FEET; THENCE SOUTH 36°48'57" EAST A DISTANCE OF 100.06 FEET; THENCE NORTH 67020'32" EAST A DISTANCE OF 135.00 FEET; THENCE NORTH 61031'00" EAST A DISTANCE OF 313.09 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 815 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 44058'36" EAST, 464.04 FEET; THENCE SOUTH 72038'09" EAST A DISTANCE OF 157.55 FEET; THENCE NORTH 2301 F05" EAST A DISTANCE OF 289.80 FEET; THENCE NORTH 75041'45" EAST A DISTANCE OF 111.88 FEET; THENCE NORTH 25026'45" EAST A DISTANCE OF 795.73 FEET; THENCE NORTH 88°32'31" WEST A DISTANCE OF 277.00 FEET TO THE EAST RIGHT OF WAY LINE OF 24TH STREET; THENCE NORTH 00°29'07" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 210.00 FEET; THENCE NORTH 8803222" WEST A DISTANCE OF 400.97 FEET; THENCE SOUTH 00046'04" WEST A DISTANCE OF 210.00 FEET; THENCE NORTH 88°49'06"W A DISTANCE OF 353.06 FEET; THENCE NORTH 0100F45" EAST A DISTANCE OF 40.00 FEET; THENCE NORTH 82054'02" WEST A DISTANCE OF 251.48 FEET; THENCE NORTH 01 °56'27" WEST A DISTANCE OF 152.64 FEET; THENCE NORTH 89' 11'39" WEST A DISTANCE OF 340.08 FEET; THENCE SOUTH 00'02'10" WEST A DISTANCE OF 311.86 FEET TO THE POINT OF BEGINNING, CONTAINING 27.31 ACRES MORE OR LESS. Section 2: For the following described property from existing zoning classifications to General Family Residential District (R-2) as displayed on Exhibit A attached hereto A TRACT OF LAND BEING A PART OF THE SW 1/4 OF SECTION 15 AND A PART OF THE NW1/4, NW1/4 OF SECTION 22, TOWNSHIP 13 NORTH, RANGE 6 WEST TO THE CITY OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING PIPE AT THE SOUTHWEST CORNER OF SAID SECTION 15, THENCE NORTH 01-31'32" EAST ALONG THE WEST LINE OF SAID SECTION 15 A DISTANCE OF 254.00 FEET; THENCE NORTH 31 °57'23" EAST A DISTANCE OF 617.97 FEET; THENCE NORTH 21 °3924" EAST A DISTANCE OF 115.58 FEET; THENCE NORTH 21005'00" EAST A DISTANCE OF 133.76 FEET; THENCE NORTH 12°59'03" EAST A DISTANCE OF 147.40 FEET; THENCE NORTH 11 °30'53" EAST A DISTANCE OF 440.75 FEET; THENCE NORTH 28025'57" EAST A DISTANCE OF 427.16 FEET; THENCE NORTH 90000'00"E A DISTANCE OF 164.08 FEET; THENCE SOUTH 00000'00" EAST A DISTANCE OF 689.14 FEET; THENCE NORTH 90000'00" EAST A DISTANCE OF 181.93 FEET; THENCE NORTH 00012'28" WEST A DISTANCE OF 532.94 FEET; THENCE SOUTH 88045'38" EAST A DISTANCE OF 599.77 FEET; THENCE SOUTH 17018'34" WEST A DISTANCE OF 544.62 FEET; THENCE NORTH 90°00'00" WEST A DISTANCE OF 179.01 FEET; THENCE SOUTH 000 00'00" EAST A DISTANCE OF 165.14 FEET; THENCE SOUTH 43040'14" WEST A DISTANCE OF 693.82 FEET; THENCE SOUTH 36048'57" EAST A DISTANCE OF 100.06 FEET; THENCE NORTH 67020'32" EAST A DISTANCE OF 135.00 FEET; THENCE NORTH 61031'00" EAST A DISTANCE OF 313.09 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 815 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 44058'36" EAST, 464.04 FEET; THENCE SOUTH 72°38'09" EAST A DISTANCE OF 157.55 FEET; THENCE SOUTH 08°08'36" EAST A DISTANCE OF 234.99 FEET; THENCE SOUTH 51°07'58" WEST A DISTANCE OF 280.08 FEET; THENCE SOUTH 63001'36" WEST A DISTANCE OF 171.47 FEET; THENCE SOUTH 58°53'14" WEST A DISTANCE OF 215.97 FEET; THENCE SOUTH 83022'20" WEST A DISTANCE OF 152.80 FEET; THENCE SOUTH 6198'16" WEST A DISTANCE OF 199.90 FEET; THENCE SOUTH 30001'03" WEST A DISTANCE OF 171.71 FEET; THENCE SOUTH 18°23'16" WEST A DISTANCE OF 401.77 FEET; THENCE SOUTH 39010'10" WEST A DISTANCE OF 138.73 FEET; THENCE SOUTH 05°02'46" EAST A DISTANCE OF 10.92 FEET; THENCE SOUTH 75021'35" WEST A DISTANCE OF 276.60 FEET; THENCE NORTH 77°54'56" WEST A DISTANCE OF 139.32 FEET; THENCE NORTH 79106'49" WEST A DISTANCE OF 89.16 FEET; THENCE SOUTH 87"11'56" WEST A DISTANCE OF 63.42 FEET; THENCE SOUTH 03008'02" EAST A DISTANCE OF 76.37 FEET; THENCE NORTH 87°56'24" WEST A DISTANCE OF 121.37 FEET TO THE WEST LINE OF SAID SECTION 22 AND BEING THE NORTHWEST CORNER OF SAID DOUBLE LINKS SUBDIVISION; THENCE NORTH 01 °21'22" EAST A DISTANCE OF 449.81 FEET TO THE POINT OF BEGINNING, CONTAINING 48.05 ACRES MORE OR LESS. Section 3. IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE INVALID, SUCH INVALIDITY SHALL NOT EFFECT THE REMAINING PORTION OR PORTIONS OF THIS ORDINANCE. IT IS SO ORDAINED. IN WITNESS WHEREOF, we have set our hands this , day of , 2024. APPROVED: ATTEST: DENISE JOHNSTON, CLERK APPROVED AS TO LEGAL FORM: TIMOTHY MEITZEN, CITY ATTORNEY RICK ELUMBAUGH, MAYOR EXHIBITA iy - - - R-2 Harrison St C-1 I w in c N N N U) Unn meann d'PVt Fitzhugh St la Reynolds St y � 10, s N m N R-2 NORTH 0 400 800 R-1 Feet Dylan Dr � Franklin St e Lee St�� I Igo �t m m Rosa St I� Proposed Zoning Duffer Ln ' ® C-1 M R-2 y Zoning Edward St p` Ipl C R-1 Single Family Residential IxW Jm R-2 General Family Residentia C SylVla St L_ C-1 Commercial Community io LL