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Home My WebLink About2024-12-17-AGENDA PACKETRick Elumbaugh, Mayor Denise Johnston, Clerk Timothy Meitzen, Attorney A HISTORIC TREAS,RF �Rh:q V'SAS' OLDESS 0" iGr AGENDA CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 December 17, 2024 5:30 P.M. COUNCILMEMBERS Brittany Bennett Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Chris Poole Landon Reeves Robb Roberts 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) Police Department Report B) Engineer's Report C) Fire Department Report D) Hear an Economic Development and A&P Commission update from Ms. Crystal Johnson E) Consider an ordinance for approval of an application for private club permit for "The Club on 3Fd" F) Consider an ordinance to waive competitive bidding for construction of Splash Pad by ACS Playground Adventures G) Consider an ordinance to amend the Batesville Zoning Districts Map- Ade Subdivision H) Consider an ordinance to amend the Batesville Zoning Districts Map- Praught Main Street Flats 1) Executive Session J) Consider an ordinance providing for the adopting for the City of Batesville budget for the twelve months beginning January 1, 2025. K) 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! ORDINANCE No. AN ORDINANCE FOR THE APPROVAL OF AN APPLICATION FOR PRIVATE CLUB PERMIT WHEREAS, Grace Hawkins, on behalf of a private club known as "The Club On 3rd," is making application to the Arkansas Alcohol Beverage Control Division for a private club permit for a business located at 156 South 3r1, Batesville, Arkansas 72501; and WHEREAS, under the provisions of Act 1112 of 2017 as enacted by the Arkansas General Assembly, it is necessary for the City Council for the City where the proposed private club will be located to approve the application before it is submitted to the Arkansas Alcohol Beverage Control Division; and WHEREAS, all applicable laws, rules and regulations have been complied with in presenting this Ordinance to the City Council of the City of Batesville, Arkansas. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Batesville, Arkansas, that: 1. The application of Grace Hawkins for a private club to be known as "The Club On 3rd, " to be located at 156 S . 3rd, Batesville, Arkansas 72501, is approved, and the private club known as The Club on 3rd" shall be entitled to operate its business as a private club at 156 S. 3rd, Batesville, Arkansas 72501, subject to the approval of the Arkansas Alcoholic Beverage Control Division. 1 2. This ordinance is conditioned upon the application for the proposed private club permit being made to the Arkansas Alcoholic Beverage Control Division within one year of its passage, and approval of the application being received from the Arkansas Alcoholic Beverage Control Division with two years of its passage. EMERGENCY CLAUSE: It being necessary to protect and preserve the health, safety and welfare of the people of the City of Batesville, an emergency is declared to exist and this Ordinance shall be in full force and effect from and after its passage. PASSED and APPROVED this day of December, 2024. APPROVED The City of Batesville Rick Elumbaugh, Mayor ATTEST: Denise M. Johnston, City Clerk 2 RESOLUTION NO. A RESOLUTION TO WAIVE COMPETITIVE BIDDING FOR CONSTRUCTION OF SPLASH PAD BY ACS PLAYGROUND ADVENTURES WHEREAS, the City of Batesville is in the process of expanding, enhancing, and beautifying Riverside Park ("Project"); WHEREAS, that part of said Project includes the construction of a splash pad at Riverside Park; WHEREAS, that ACS Playground Adventures uniquely meets the specifications, price, and timeframe required by the City for the construction of said project and therefore competitive bidding is nether feasible nor practical; WHEREAS, Arkansas Code Annotated § 14-58-303(b)(2)(B) allows this governing body by resolution to waive the requirements of competitive bidding in exceptional situations where bidding is deemed not feasible or practical; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: Section 1. That the City is hereby authorized to contract with ACS Playground Adventures to construct a splash pad at Riverside Park. That the City is authorized to pay $159,977.00, more or less, for said construction. Section 2. That ACS Playground Adventures can uniquely provide the proper design specifications, pricing, and timeframe for construction. Therefore, competitive bidding is deemed to not be feasible or practical, and is hereby waived. PASSED AND APPROVED this of December, 2024. Honorable Rick Elumbaugh, Mayor Denise M. Johnston, City Clerk ORDINANCE NO. AN ORDINANCE TO AMEND THE BATESVILLE ZONING DISTRICTS MAP; AND FOR OTHER PURPOSES. WHEREAS, The Heights LLC has requested that Lot 1 of the Greg Ade Subdivision be re -zoned from Commercial Community (C-1) to General -Family Residential (R-2) in order to facilitate the development of medium density residential units; and, WHEREAS, the Batesville Planning Commission has reviewed the relationship of this property with the Comprehensive Plan and determined that the Plan should be revised to reflect this requested change of proposed use, such revision to be included in an anticipated complete update of said Plan; and, WHEREAS, the Batesville Planning Commission conducted a properly advertised public hearing at a called meeting of the Planning Commission on December 3, 2024 to consider said proposed amendment to the Zoning Districts Map; and, WHEREAS, the Batesville Planning Commission voted at its called meeting on December 3, 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 Commercial Community District (C-1) to General -Family Residential District (R-2) zoning classification as displayed on Exhibit A attached hereto: Lot 1 of the recorded Greg Ade Subdivision 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, CITY CLERK APPROVED AS TO LEGAL FORM: RICK ELUMBAUGH, MAYOR TIMOTHY MEITZEN, CITY ATTORNEY Zoning R-1 Single Family Residential R-2 General Family Residentia C-1 Commercial Community Proposed Rezone ---- Current Zoning District Boundary EXHIBITA NORTH 0 250 500 EDCity_Limits Feet ORDINANCE NO. AN ORDINANCE TO AMEND THE BATESVILLE ZONING DISTRICTS MAP; AND FOR OTHER PURPOSES. WHEREAS, Timothy Praught requested that the below described property be re -zoned from Commercial Community (C-1) to General -Family Residential (R-2) in order to facilitate the development of medium to high density residential units; and, WHEREAS, the Batesville Planning Commission has reviewed the relationship of this property with the Comprehensive Plan and determined that the Plan should be revised to reflect this requested change of proposed use, such revision to be included in an anticipated complete update of said Plan; and, WHEREAS, the Batesville Planning Commission conducted a properly advertised public hearing at a regularly scheduled meeting on November 4, 2024 to consider said proposed amendment to the Zoning Districts Map; and, WHEREAS, the Batesville Planning Commission voted at its regularly scheduled meeting on November 4, 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 Commercial Community District (C-1) to General - Family Residential District (R-2) zoning classification as displayed on Exhibit A attached hereto: Lot 2 of the recorded Main Street Flats Subdivision 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, CITY CLERK APPROVED AS TO LEGAL FORM: TIMOTHY MEITZEN, CITY ATTORNEY RICK ELUMBAUGH, MAYOR EXHIBITA R-1 = C-1 to R-2 ' � f r �larywood Dr L i .� C-1 0 'f II a 1 o I <1 ----------------_ -1 - co z aple St coo i Zoning NORTH R-1 Single Family Residential 0 250 500 - C-1 Commercial Community Proposed Rezone Feet - — — - Current Zoning District Boundary