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Home My WebLink About2024-06-18-AMENDED AGENDA PACKETRick Elumbaugh, Mayor Denise Johnston, Clerk Timothy Meitzen, Attorney A HISTORIC TREASURE 9A�SAS' OLDEST AGENDA CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 AMENDED AGENDA June 18, 2024 5:30 P.M. 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 COUNCILMEMBERS Brittany Bennett Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Chris Poole Landon Reeves Robb Roberts A) Police Department Report B) Engineer's Report C) Consider a request for a water service outside city limits D) Consider a resolution authorizing the Mayor of Batesville to submit an application to the Department of Parks Heritage and Tourism E) Consider a resolution for Future Fuel Chemical Company to participate in the Tax Back Program F) Consider a resolution setting a public hearing to discuss the abandoning of a city street G) Consider a resolution authorizing the purchase of real property H) Executive Session 1) Financial report 9. COMMENTS FROM THE MAYOR 10. LIAISON REPORTS 11. COMMENTS FROM COUNCIL MEMBERS (by roll call) 12. ADJOURNMENT Batesville- My Hometown... Make it Yours! Eric Nast 99 Mitchell Rd. Batesville, AR 72501 Date: 5-29-29 To Whom It May Concern: I request to have Batesville Water Utilities set a meter at the address of 99 Mitchell Road. Currently this property is outside the City Limits of Batesville. If the meter is granted, then if and when this property becomes contiguous to the City Limits of Batesville I will petition for annexation. It is my understanding that the City of Batesville may disconnect the water service to the new meter if this is not petitioned for annexation within six months of becoming contiguous. Sincerely Yours, "L Witness: SIGNED & SCANNED INTO THE ACCOUNT RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR OF BATESVILLE TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF PARKS, HERITAGE AND TOURISM. WHEREAS, Batesville, Arkansas, seeks to improve the recreation facilities and wishes to seek grant funding assistance; and WHEREAS, in order to obtain funds necessary to develop and/or improve the site for such a recreation area, it is necessary to obtain an Outdoor Recreation Matching Grant from the Arkansas Department of Parks, Heritage and Tourism; and WHEREAS, the plans for such recreation areas have been prepared and the price, therefore, has been established; and WHEREAS, this governing body understands the grantee and grantor will enter into a binding agreement which obligates both parties to policies and procedures contained in the Outdoor Recreation Matching Grant Application Guide including, but not limited to, the following: The park area defined by the project boundary map, submitted in the application, must remain in outdoor recreation use in perpetuity, regardless if the property is bought or developed with matching grant funds; all present and future overhead utility lines within the project boundary must be routed away or placed underground; the project area must remain open and available for use by the public at all reasonable times of the day and year; facilities can be reserved for special events, league play, etc., but cannot be reserved, leased, or assigned for exclusive use, and the project area must be kept clean, maintained and operated in a safe and healthful manner. The Batesville City Council is well aware and apprised of the above -mentioned project and will provide the local portion of the development cost of the entire project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Batesville, Arkansas, that the Mayor is hereby authorized to make application to the Arkansas Department of Parks, Heritage and Tourism for assistance to develop recreational facilities. PASSED this day of June 2024. APPROVED: Rick Elumbaugh, Mayor ATTEST: Denise M. Johnston, City Clerk Tax Back RESOLUTION No. RESOLUTION OF THE CITY COUNCIL OF CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF Future Fuel Chemical Company TO PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION 15- 4-2706(d) OF THE CONSOLIDATED INCENTIVE ACT OF 2003). WHEREAS, in order to be considered for participation in the Tax Back Program, the local government must endorse a business to participate in the Tax Back Program; and WHEREAS, the local government must authorize the refund of local sales and use taxes as provided in the Consolidated Incentive Act of 2003; and WHEREAS, said endorsement must be made on specific form available from the Arkansas Economic Development Commission; and WHEREAS, Future Fuel Chemical Company located at 2800 Gap Road, Batesville, AR 72501 has sought to participate in the program and more specifically has requested benefits accruing from construction of the specific facility; and WHEREAS, Future Fuel Chemical Company has agreed to furnish the local government all necessary information for compliance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF (COMMUNITY NAME), ARKANSAS, THAT: 1. Future Fuel Chemical Company be endorsed by the City Council of Batesville for benefits from the sales & use tax refunds as provided by Section 15-4-2706(d) of the Consolidated Incentive Act of 2003. 2. The Department of Finance and Administration is authorized to refund local sales and use taxes to Future Fuel Chemical Company. 3. This resolution shall take effect immediately. Title of head of governing body Date Passed: Attest: Clerk RESOLUTION NO. A RESOLUTION SETTING A PUBLIC HEARING TO DISCUSS THE ABANDONING OF A CITY STREET WHEREAS, a petition has been filed with the City Council of the City of Batesville, Arkansas by Bad Boy Mowers, LLC (successor by merger to Bad Boy, Inc.) ("Bad Boy") and Eurark, LLC, d/b/a LifePlus Internationals ("LifePlus"), to vacate a portion of a city street within the corporate limits of the City of Batesville, Arkansas; and described as follows: A section of Industrial Drive between Grand Dr. and Sherrell Lane. WHEREAS, upon the filing of the petition with the City, the City shall set a date and time for a hearing before the City Council for consideration of the petition. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Batesville, Arkansas, that: Section 1: That the City Council shall hear said petition at its regular meeting to be held at the Batesville City Hall on the 9th day of Jam, 2024 at 5:30 p.m. Section 2: That the City Clerk is hereby directed to publish notice of the filing of said petition and of said hearing for the same time and manner prescribed by law. Section 3: Severability Provision- In the event that any section, paragraph, clause, phrase or other provision or portion of this resolution shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this resolution as a whole, or any part or provisions of this resolution shall be construed as if such invalid, unenforceable or unconstitutional provisions had never ben contained herein. Section 4: Repeal of Conflicting Resolutions- All resolutions of the City Council, or parts of resolutions of the City Council in conflict herewith are hereby repealed to the extent of such conflict. RESOLVED this day of , 2024. APPROVED: Rick Elumbaugh, Mayor ATTEST: Denise M. Johnston, City Clerk RESOLUTION # A RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY WHEREAS, that the City of Batesville is in the process of acquiring property for the expansion of Riverside Park as voted for by the Citizens of Batesville; and WHEREAS, that the Ciry is currently leasing properr in a long term leasehold to Independence County Sheltered Workship, Inc. which is located on property designated for Riverside Park I :xpansion; and WHEREAS, that in order to honor the terms leasehold, the City wishes to purchase property, so that the Independence County Sheltered Workshop, Inc. can lease said property and continue to benefit the Citizens of Batesville and allow the City to move forward on park expansion; NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS SECTION 1: 'That the City of Batesville hereby authorizes the purchase of real property from BN Simpson Holdings, I.LC, for the purchase price of S225,000, more or less, per the real estate purchase agreement which is attached hereto and incorporated herein Im, reference as Exhibit "A". Said real estate purchase agreement contains a legal description of said property. SECTION 2: "That this authorization is conditioned upon the Independence Count Sheltered Workshop, LLC entering into a lease agreement with the City, per the terms of the attached lease attached hereto as I-:xhibit "B" and incorporated herein by reference. PASSED AND :\PPROVI D this _'h day of.1une, 2024. Rick Elumbaugh Mayor City of Batesville Denise Johnston City Clerk City of Batesville