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Home My WebLink About2025-02-11-AMENDED AGENDA PACKETRick Elumbaugh, Mayor Jessica Davis, City Clerk Timothy Meitzen, Attorney A HISTORIC TREASURE n�n 948SAS' t S� AGENDA CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 AMENDED February 11, 2025 5:30 P.M. COUNCILMEMBERS Brittany Bennett Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Lackey Moody, Jr. 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) Mr. James Scales to discuss the use of public service announcements to promote Batesville E) Consider an ordinance authorizing the purchase of equipment of materials no to exceed $42,921.00 without competitive bidding F) Consider an ordinance to revise & update Title15 of the Batesville Municipal Code (Subdivision Regulations) G) Executive Session H) 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 AUTHORIZING THE PURCHASE OF EQUIPMENT OR MATERIALS NOT TO EXCEED $42,921.00 WITHOUT COMPETITIVE BIDDING; AND FOR OTHER PURPOSES WHEREAS, it is in the best interest of the City to allow for an efficient purchasing procedure and to allow the City to act promptly on the acquisition of goods and materials for the City; and WHEREAS, Arkansas Code Annotated 14- 58- 303 sets the current statutory pre -bid purchasing threshold for cities of the first class at $ 42, 921.00 and allows first class cities to adopt a lower threshold amount if they so desire; and WHEREAS, purchases for the City of Batesville are addressed under Chapter 3. 04 of the Batesville City Code; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: Section 1. Amending Chapter 3. 04 of the Batesville City Code: That the Batesville City Code is amended to read as follows: Section 3. 04.1: $42,921 or under The Mayor, or their duly authorized representative, shall have exclusive power and responsibility to make purchase of all supplies, apparatus, equipment, materials and other things requisite for public purposes for the City of Batesville, Arkansas, and to make all necessary contracts for work or labor to be done, or materials or other necessary things to be furnished for the benefit of the City where the amount of the expenditure for any purpose or contract does not exceed the sum of Forty -Two Thousand Nine -Hundred and Twenty -One Dollars ($42, 921). Section 3. 04.2: Over $42, 921 Where the amount of expenditure for any purpose or contract exceeds the sum of Forty - Two Thousand Nine -Hundred and Twenty -One Dollars ($42,921), the Mayor, or their duly authorized representative, shall invite competitive bids thereon by legal advertisement in any local newspaper. Bids received pursuant to said advertisement shall be opened and read on the date set for receiving said bids, in the presence of the Mayor, or their duly authorized representative. The contract shall be awarded to the lowest responsible bidder; provided, however, that the Mayor, or their duly authorized representative, may reject any and all bids received. Section 2. Repealing conflicting Ordinances: That any other Ordinances found to conflict with this Ordinance are hereby repealed. Section 3: Invalidity If any portion or portions of this ordinance are deemed or held to be invalid, such invalidity shall not affect the remaining portions of this ordinance. Section 4: Emergency Clause An efficient purchasing procedure that allows the City to act promptly on the acquisition of goods and services is vital to the ongoing health, safety and wellness of its citizens. Therefore, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from the date of its adoption PASSED AND APPROVED THIS DAY OF FEBRUARY, 2025 MAYOR RICK ELUMBAUGH ATTEST: JESSICA DAVIS, CITY CLERK ORDINANCE NO. AN ORDINANCE TO REVISE AND UPDATE TITLE 15 OF THE BATESVILLE MUNICIPAL CODE (SUBDIVISION REGULATIONS); TO REVISE CERTAIN APPLICATION REQUIREMENTS; AND FOR OTHER PURPOSES. WHEREAS, the method of preparing and presenting preliminary and final plats has changed dramatically over the past several decades to a largely digital format; and, WHEREAS, the existing language in the Batesville Subdivision Regulations are outdated and in need of revision to reflect current practice and need for digital data to update City digital data files; and, WHEREAS, the Batesville Planning Commission, the Batesville City Code Enforcement Officer and City Engineer determined what revisions to the Subdivision Regulations would be most consistent with current submission practices and maintenance of City digital files; and, WHEREAS, the Batesville Planning Commission conducted a properly advertised public hearing as required by law on November 4, 2024; and, WHEREAS, the Batesville Planning Commission, at its regular meeting on November 4, 2024, recommended, by unanimous vote, that said revisions be adopted by ordinance by the Batesville City Council; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Section 1. Add the following definition to Section 15.02.01. of the Batesville Municipal Code (Subdivision Regulations) with the following: "Code Enforcement Officer, means that person designated by the Mayor to administer the provisions of this Code." Section 2. Amend the definition of "Plat, preliminary" to read as follows: "Plat, preliminary, also known as a development plan, means the preliminary drawing(s), described in this chapter, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for review, and including the preliminary bill of assurance" Section 3. Revise Section 15.02.20 as follows: a. Subsection (b) is deleted in its entirety and replaced with the following: "The second step involves preparation of a preliminary plat by the applicant for consideration and approval by the Planning Commission. This document is designed to show the proposed subdivision in sufficient detail to indicate its workability in all respects, but not in final form, with all the details fully computed. This step shall be initiated within 12 months after approval of the preliminary plat by the Planning Commission. Failure to initiate construction within the approved time frame shall cause the approval to be terminated; the Code Enforcement Officer may authorize an extension of not more than 3 months, after which the applicant shall be required to submit a new application which complies with all requirements then in effect. A subdivider proposing to subdivide within the defined Planning Area Boundary of the City shall not proceed with any construction work on the proposed subdivision, including grading, before obtaining preliminary plat approval." b. In subsection (c) delete the first two sentences and replace with the following: "The third step involves submittal of a final plat conforming in all respects to the preliminary plat." Section 4. Revise Section 15.02.24 as follows: Revise subsection (e) to read "Plat specifications. The final plat for minor subdivision or lot splits shall be prepared in the same format as submission of a regular final plat as outlined in section 15.02.31." Section 5. Revise Section 15.02.30 as follows: a. Replace the first paragraph of subsection (d) in its entirety with the following: "(d) Preliminary plat. The preliminary plat shall be submitted in a Portable Document Format (PDF), either via a medium compatible with equipment available to the City or electronically (email or similar transmission means). The format size of the drawing shall not exceed 24" x 36" and at a scale of 1" = 100'. The preliminary plat shall be identified by the name of the subdivision and shall include:" b. Replace subsection (f)(1)(c) in its entirety as follows: "c. Approval. Prior to submission of the preliminary plat to the Planning Commission, staff review shall determine that all applicable City and State regulations are met in the design and layout of the plat. Staff may concur with or recommend denial of a request to the Planning Commission to permit waivers as defined in this Chapter. Except in extraordinary circumstances, the preliminary plat shall not be presented to the Planning Commission until all such determinations have been satisfied. The Planning Commission may vote to approve the preliminary plat as presented, or subject to contingencies. Formal acknowledgment of Planning Commission approval shall be evidenced by the signature of the Chairman or Vice Chairman in the following signature block on two printed paper copies of the plat, one to be retained in the Commission files. CERTIFICATE OF PRELIMINARY PLAT APPROVAL All requirements of the Batesville Subdivision Rules and Regulations relative to the preparation and submittal of a preliminary plat having been fulfilled, approval of this plat is hereby granted, subject to further provisions of such rules and regulations. This certificate shall expire [ Date 1. Signed Date of Execution Chairman or Vice Chairman Batesville Planning Commission Section 6. Revise Section 15.02.31 as follows: a. Delete all of subsection (a) and replace with the following: "(a) Generally: Submission for certification of final plat approval shall consist of two paper prints and the final bill of assurance. The Planning Commission shall review and approved the Final Plat only if all requirements of this Chapter have been satisfied, subject to the provisions of Section 15.03.15, et seq. The final plat information shall also be submitted in an electronic format on medium, compatible with equipment available to the City and shall be either ESRI (in shp file or geodatabase formats) or an AutoCad file (in dwg format), or such other file format as may be determined by the City from time to time. Digital files shall contain all data displayed on the final plat Both paper copies shall be fully executed; one copy shall be furnished to the Independence County Circuit Clerk and Recorder and one copy shall be retained in the City files. If the approval is conditional with respect to final plat requirements, execution by the Chairman or Vice-chairman shall not occur until all conditions have been satisfied." b. Modify the certificate at subsection (1) e. with the following: CERTIFICATE OF FINAL APPROVAL Pursuant to the Batesville Subdivision Rules and Regulations, all of the conditions of approval having been completed, this document is hereby accepted. This certificate is hereby executed under the authority of such rules and regulations. Signed Date of Execution Chairman or Vice Chairman Batesville Planning Commission Section 7. Add the following new subsection "Section 15.02.32. As -built drawin s A scaled drawing prepared by a professional surveyor or professional engineer showing the as -built conditions of the platted site shall be provided as a paper and electronic submission. The electronic submission shall include digital drawings in Adobe PDF format and Autodesk .DWG file format or ESRI shapefile/geodatabase format with all data organized in a layering system and conveyed as points, polylines, and polygons. The applicant shall provide metadata for the information as a key describing the layering system. The drawings shall be in State Plane Arkansas North Zone coordinates, with the datum being North American Datum 1983 with units as feet. At a minimum, layers shall include street centerline data, storm drainage as built information including pipe inverts, length of pipe, size of pipe, type of pipe, and type of inlets." Section 8. The revisions to the Batesville Subdivision Regulations recommended by the Batesville Planning Commission are hereby adopted and Title 15 of the Batesville Municipal Code is thereby amended. 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 , 2025. APPROVED: ATTEST: JESSICA DAVIS, CITY CLERK APPROVED AS TO LEGAL FORM: TIMOTHY MEITZEN, CITY ATTORNEY RICK ELUMBAUGH, MAYOR