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HomeMy WebLinkAbout2024-08-24 MINUTES OF COUNCIL AUGUST 27, 2024 The Batesville City Council met in regular session on August 27, at 5:30 pm at the Municipal Building. Mayor Rick Elumbaugh presided over the meeting. Utility Office Manager Nick Baxter gave the invocation. Upon roll call, the following Councilmembers answered present; Julie Hinkle, Paige Hubbard, Fred Krug, Chris Poole, Landon Reeves and Robb Roberts. Also present were the City Clerk Denise Johnston and City Attorney Tim Meitzen. Councilmembers Brittany Bennett and Scott Fredricks were absent. Councilmember Reeves moved to approve the minutes from the previous meeting. Councilmember Hubbard seconded and all voted for. Councilmember Hinkle moved to approve the prepared agenda. Councilmember Roberts seconded and all voted for. CITIZENS COMMENTS None UNFINISHED BUSINESS None NEW BUSINESS A) DISCUSSION REGARDING THE INTERSECTION OF QUAIL VALLEY DRIVE AND WHIPPOORWILL LANE City Engineer Damon Johnson addressed the council with background information on the property located at the intersection of Quail Valley Drive and Whippoorwill Lane. Mr. Johnson said he has been working on the issues for the past 18 to 24 months and has done some work on drainage issues and road widening. In doing his research, Mr. Johnson said he visited with Street Superintendent Johnny Coles to try to determine how long the paved access road between Quail Valey Drive and Whippoorwill Lane has been in use. Mr. Coles said he has been employed with the City since 1980 and to his recollection, the access road was paved at that time. Mr. Johnson said the City has been maintaining the road and mowing around it for as long as anyone can remember. He also said that closing the access road presents a safety issue for large safety and rescue vehicles like fire trucks and ambulances as well as sanitation trucks. Emergency vehicles have to use Thunderbird Drive because of a small bridge that is not weighted for heavy vehicles. If the road is removed, these vehicles will have to make a 5-point turn because of the very tight turning radius from Thunderbird Dr. to Quail Valley Dr. At the request of the land owner, Ms. Myra Gail Twyford, the city placed barricades to stop access to the road. Since placing the barricades, several residents have reported difficulties when turning left off Thunderbird onto Quail Valley Drive. Mayor Elumbaugh invited Ms. Twyford to address the council. Ms. Twyford said she bought the property in 1999 and also does not know exactly when the road was paved or by whom. She did say Mr. Bill Wolford platted the subdivision and he lived on lot 8. Ms. Twyford said she lives on lot 9, which was the last block purchased. She did say that to her knowledge the Wolford’s used the road in question to get to their driveway. Ms. Twyford says her wishes are for the City to remove the paving and stop using the property as an access road. She would like to plant wild flowers in that space. City Attorney Tim Meitzen explained the concept of a prescriptive easement and the potential legal implications for the City, Ms. Twyford and other landowners. Ms. Twyford also said she would like to get the issue resolved and if indeed the city enforces a prescriptive easement, that her land title could be corrected for tax purposes and if she were to ever sell the property. Councilmember Reeves said, to him, it is apparent that a prescriptive easement is at play and it would be up to the landowner to try and terminate the easement. Councilmember Poole moved to recognize that a prescriptive easement exists and to continue to maintain the area. Councilmember Roberts seconded and the electronic roll call count was 6 for and 0 against. B) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR A GREAT STRIDES/TRAILS FOR LIFE LIFE GRANT FUNDS WITH THE ARKANSAS DEPARTMENT OF PARKS HERITAGE AND TOURISM Councilmember Roberts introduced a resolution authorizing the Mayor to apply for a Great Strides/Trails for Life Grant funds with the Arkansas Department of Parks Heritage and Tourism. Councilmember Poole moved to suspend the rules and read the resolution by title only. Councilmember Roberts seconded and the electronic roll call count was 6 for and 0 against. Mr. Meitzen read the resolution by title only. Councilmember Reeves moved to adopt the resolution. Councilmember Poole seconded and the electronic roll call count was 6 for and 0 against. The resolution was given #2024-08- 02-R. C) EXECUTIVE SESSION Councilmember Hinkle moved to go into executive session to consider the hiring, firing, promotion or demotion of one or more city employees. Councilmember Hubbard seconded and all voted for. Upon returning from executive session, Councilmember Pool moved to re- appoint Mr. Greg Byler to the Tree Board. Councilmember Hinkle seconded and all voted for. Mr. Byler’s term will expire September 8, 2026. Councilmember Roberts moved to appoint Mr. Clark Baker to the Planning Commission. Councilmember Poole seconded and all voted for. Mr. Baker will replace Mr. Steve Lewis and his term will expire June 10, 2029. MAYOR COMMENTS th Mayor Elumbaugh said the next meeting is scheduled for September 10. The Mayor also said the City/County Connection meetings will resume on th September 5 with special guest speaker from FARCO, formally M & A Jones and next month will be the secretary of Parks and Tourism, Mr. Shea Lewis. LIAISON REPORTS None COUNCIL COMMENTS Councilmember Hinkle asked for a sign at the intersection of Baker Street and Central Avenue, to be moved back from the intersection. Ms. Hinkle said the sign blocks the view when looking to the right. Mayor Elumbaugh said he will have the street crew look at the problem. ADJOURNMENT There being no further business, Councilmember Hinkle moved that the meeting be adjourned. Councilmember Hubbard seconded. All voted for. The meeting was adjourned at 7:00 p.m. RICK ELUMBAUGH, MAYOR DENISE M. JOHNSTON, CITY CLERK