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Home My WebLink About2026-02-17-Agenda Packet_001Rick Elumbaugh, Mayor Jessica Davis, City Clerk Timothy Meitzen, Attorney A HISTORIC TREASURE 46 171 A NSAS' OLDESC Cl�� AGENDA CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 February 17, 2026 6:30 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) Consider a resolution authorizing Batesville Water Utility to enter into a formal water utility agreement with Cushman D) Consider an ordinance to amend various residential provisions of Title 14 Zoning of the Batesville Municipal Code E) Executive Session F) 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! RESOLUTION NO. A RESOLUTION AUTHORIZING THE BATESVILLE WATER UTILITY TO ENTER INTO A FORMAL WATER UTILITY AGREEMENT WITH CUSHMAN WHEREAS, the City of Cushman has not produced water for its own consumers since on or about March of 2021; and WHEREAS, the City of Batesville through the Batesville Water Utility (`BWU") has produced all water distributed by the City of Cushman since on or about March of 2021; and WHEREAS, that due to the state of its infrastructure, Cushman currently loses approximately eighty percent of the water provided by BWU; and WHEREAS, due to said losses Cushman is unable to financially pay the full monthly bill; and WHEREAS, currently Cushman is paying the city the flat rate of $11,500 per month; and WHEREAS, Cushman and Batesville wish to enter into an agreement that acknowledges current deficits and sets expectations for both parties going forward; and WHEREAS, Cushman is actively repairing its infrastructure with the goal being to lower its losses to the point where said flat monthly payment will begin to address said deficit. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Batesville, Arkansas: Section 1. The City hereby authorizes the Mayor to enter into the water utility agreement with the City of Cushman, Arkansas, attached hereto as Exhibit "A." PASSED AND APPROVED this _`° day of February, 2026. ATTESTED: :• Jessica Davis, City Clerk APPROVED: ON Mayor Rick Elumbaugh ORDINANCE NO.2026 - AN ORDINANCE TO VARIOUS RESIDENTIAL PROVISIONS OF TITLE 14 ZONING OF THE BATESVILLE MUNICIPAL CODE; AND FOR OTHER PURPOSES. WHEREAS, several acts of the Arkansas General Assembly affecting municipal zoning regulations required revision; and, WHEREAS, the Batesville Planning Commission desired to revise Chapters 14Vf and'] 4.08 to reformat their organization to simplify and make easier to understand; and, WHEREAS, the Batesville Planning Commission recommends the deletion of chapters 14.13, and 14.28 which are either relevant to the adoption of ordinances or have long since been superseded by subsequent ordinances; and, WHEREAS, the Batesville Planning Commission conducted a properly advertised public hearing on December 8, 2025; and, WHEREAS, the Batesville Planning Commission, at its regular meeting on November 3, 2025, recommended, by unanimous vote, that said recommended revisions to Title 14 Zoning be adopted by the Batesville City Council. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE,CITY OF. BATESVILLE,ARKANSAS: Section 1. Chapter 14.02.02. of Title 14 is amended as follows: Add the following definition between "Public Utility" and "Rehabilitative Home" Recreational vehicle park. A parcel of land where three or more spaces are occupied or intended for temporary occupancy by recreational vehicles for transient dwelling purposes. Section 2. Chapter 14.05 of Title 14 is amended as follows: Add the following to remove duplicate wordings in chapter 14.08 and move to a location in the code more appropriate for general application: 14.05.13. Sexually oriented business Sexually oriented businesses shall comply with all of the following restrictions. A. No sexually oriented business may not be operated within one thousand feet (1,000'), measured in a straight line, without regard to intervening structures or objects from the nearest property line of the sexually oriented business to the nearest property line of any of the following: 1. a church; 2. a church sponsored youth activity center; 3. a public or private elementary, secondary, or post -secondary school or pre-school; 4. a public park; 5. a museum; 6. a licensed day-care or child care center; 7. an entertainment business that is oriented primarily towards children; 8. a boundary of any residential district; 9. a boundary of any commercial or traditional business district or a property legally used as a residential use in said commercial or traditional business use; 10. a boundary of a local historic residential district; 11. a boundary of a public park; 12. a boundary of any facility primarily used or attended by persons under the age of eighteen (18); 13. a property on the National Register of Historic Places; 14. a property, place or establishment that sells or dispenses any alcoholic beverage; or 15. the boundary of another sexually oriented business. B. All activities of the sexually oriented business shall be carried on completely within enclosed buildings. C. The sexually oriented business complies with all requirements of Ordinance 2006-03-03, as amended. Add the following 14.05.14. Recreational Vehicle Parks A. Park Requirements 1. Permanent residency of any use other than a caretaker/site manager is prohibited and that transient length of stay is limited to not longer than six (6) months in any twelve (12) month period 2. If three or more spaces, review by and approval of the Arkansas Department of Health of the facilities design, environmental and open space requirements 3. Occupancy spaces a. Minimum of 25 feet in width and 50 feet in length b. Parking slab, at least 4 inches thick and at least 10 feet in width and 20 feet in length, arranged in such a way that it does not abut the parking slab of an adjacent space. Minimum distance of RVs from space boundary of 5 feet resulting in minimum separation of adjacent vehicles of 10 feet. 4. Accessory uses customarily associated with operation of an RV Park, such as recreational facilities, office, storage structures, coin operated laundries, and bath house and restroom facilities are permitted. No structure housing accessory facilities shall have direct access from any public street but shall be accessible only from a street or drive within the park. 5. Minimum setbacks: a. Front: 25 feet from any public street or 50 feet from any state or federal highway b. Side and rear: 25 feet b. buffer in addition to setback from any adjacent residential use or residential zoning district. Buffer may be a fence, wall and/or landscape screening. Any other design must be approved by the Planning Commission. 6. Three (3) off-street parking shall be provided for each two spaces 7. Traffic and access a. All occupancy spaces shall be accessed from an internal drive and not from a public street or highway. b. Each traffic and/or parking lane shall be a minimum of ten feet (10') feet wide; the minimum width for a one-way road with parking on one side would be twenty (20) feet. A two-way drive would be at least thirty feet (30') in width. Curves and turning radii shall be constructed to safely handle vehicles eight and one-half (8.5) feet wide and up to forty (40) feet long. All vehicle circulation or parking areas shall be paved with a minimum of two (2) inches of asphalt on seven and one-half (7.5) inches of compacted base course. c. All RV parks shall be provided with safe and convenient vehicular access from an improved public street. All entrances and exits on state highways shall be approved by the Arkansas Department of Transportation. All entrances and exits on other roads shall be approved by the City Engineer. All RV parks with more than twenty- five (25) sites shall have two (2) or more entrances/exits. All parks with more than one hundred (100) sites shall have three (3) or more entrances/exits. B. Application Requirements 1. Submission of an application on such form providing: a. A survey of the property on which the RV Park is to be sited: and, b. A site plan fully setting out the RV spaces, the position of each RV parking space, the driveway giving access thereto and the plan of landscaping or other buffering measures. c. Where appropriate, a copy of the Arkansas Department of Health approval of the site plan Section 3. Chapter 14.07 of Title 14 is amended in its entirety as shown at Exhibit A: Section 4. Chapter 14.08 is amended in its entirety as shown at Exhibit B. 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