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HomeMy WebLinkAbout2013-07-23 MINUTES OF COUNCIL JULY 23, 2013 The Batesville City Council met in regular session on July 23, at 5:30 PM at the Municipal Building. Mayor Elumbaugh called the meeting to order. Utility Office Manager Nick Baxter gave the invocation. Upon roll call, the following council answered present; Tommy Bryant, Margarett Henley, Paige Hubbard, Davy Insell, Fred Krug, Douglas Matthews, Chris Poole, and David Shetron. Also present were the City Clerk Denise Johnston and the City Attorney Lindsey Castleberry. Councilmember Bryant moved to approve the minutes from the previous meeting. Councilmember Insell seconded and all voted for. Councilmember Bryant moved to approve the prepared agenda. Councilmember Henley seconded and all voted for. CITIZENS COMMENTS None UNFINISHED None NEW BUSINESS A) SHERIFF'S DEPARTMENT REPORT Chief Deputy Alan Cockrill addressed the council and went over the Sheriff's Department monthly Activity and Status Report. Chief Cockrill said all the recently purchased 45's were in service. He also said they have made an arrest in the recent arson case of the Probation and Parole Office. B) RECOGNIZE MS. CRYSTAL JOHNSON, CHAMBER CEO, FOR BEING SELECTED TO ARKANSAS BUSINESS' TOP 40 UNDER 40 Mayor Elumbaugh recognized Ms. Crystal Johnson, Chamber of Commerce CEO, for begin selected to Arkansas Business' Top 40 under 40. The Mayor gave Ms. Johnson a Certificate of Recognition and said her being selected was an honor and he was extremely proud of her accomplishments. C) MR. JIM ULMER WITH McGOODWIN, WILLIAMS AND YATES TO DISCUSS CONTRACT AMENDMENT #3 Mr. Jim Ulmer with McGoodwin, Williams and Yates addressed the council regarding Contract Amendment#3. City Engineer Damon Johnson also addressed the council. Mr. Johnson reminded the council that the Wastewater Treatment project is being constructed in phases or sections. Section 1 is completed and Section 2 is currently under contract. Section 3 will be the sewer line replacements to upgrade the sewer system in certain sections in Batesville. ANRC requires with each section, the engineering firm, MWY, to state what their fees will be and be approved through ANRC. The proposed contract amendment will add the Section 3 to MWY's scope of work. Councilmember Bryant moved to authorize the Mayor and City Clerk to sign the contract for Section 3 of the Wastewater project. Councilmember Matthews seconded and all voted for. D) REVIEW BIDS FOR A NEW 2013 FIRE TRUCK Fire Chief Brent Gleghorn addressed the council regarding the bids received for a new 2013 Fire Pumper Truck. The City received 3 bids; EVS Mid South for $253,022.05, Rosenbauer for $261,320.00 and Ferrara for $292,416.00. The Chief said he has reviewed the bids and is recommended the middle bid of $261,320.00. He said the low and high bids did not meet all the specifications. Councilmember Bryant moved to accept the middle bid of$261,320.00. Councilmember Krug seconded and all voted for. Chief Gleghorn also informed the council that his department has purchased an "airport crash truck" for$15,000.00. He said the truck is in fairly good condition and will be a great asset to the city and county. He said his department will be attending a training class on August 27th instructed by the FAA regarding crash sites. E) REVIEW BIDS FOR PHASE 3 OF THE GREENWAY TRAIL Parks Director Jeff Owens addressed the council regarding the bids for Phase 3 of the Greenway Trail. Phase 3 will extend the current trail by 1,100 feet. The City has already been approved and has received $24,880.00 for the project. The city received 2 bids; Trico, Inc for$29,900.00 and Atlas Asphalt for $41,000.00. Mr. Owens said he reviewed the specs and is recommending the low bid of $29,900.00. Councilmember Insell introduced a resolution to accept the low bid. Mr. Castleberry read the resolution in full. Councilmember Matthews moved to adopt the resolution. Councilmember Insell seconded and the roll call count was 7 for, 0 against and 1 abstained (Shetron). The resolution was given #2013-07- 01-R. F) CONSIDER AN ORDINANCE TO AMEND THE BATESVILLE ZONING DISTRICT MAP Councilmember Bryant introduced an ordinance to amend the Batesville Zoning District Map for the recently annexed properties into the City. The properties located on General Street came into the City as R-1. To be consistent with the Comprehensive Plan, the properties need to be 1-2, General Industrial. Councilmember Bryant introduced the ordinance. Councilmember Shetron moved to suspend the rules and read the ordinance by title only. Councilmember Bryant seconded and the roll call count was 8 for and 0 against. Mr. Castleberry read the ordinance by title only. Councilmember Matthews moved to further suspended the rules and waive the second and third readings. Councilmember Insell seconded and the roll call count was 8 for and 0 against. Councilmember Bryant moved to adopt the ordinance and Councilmember Insell seconded. The roll call count was 8 for and 0 against. The ordinance was given #2013-07-01. G) DISCUSS A PROPOSED ORDINANCE TO ESTABLISH DESIGN STANDARDS FOR COMMERCIAL FACADES The council discussed a proposed ordinance to establish facade design standards for C-1 Commercial businesses. After a brief discussion, the council asked to have the ordinance placed on the next agenda for the first reading. H) DISCUSS A PROPOSED ORDINANCE CONCERNING BUSINESS LICENSE IN BATESVILLE Mr. Steve Lewis with the Batesville Planning Commission addressed the council to answer any question regarding the proposed business license ordinance. After a lengthy discussion, the council decided to send the ordinance back to committee for some changes. 1) EXECUTIVE SESSION Councilmember Insell moved to go into executive session. Councilmember Bryant seconded and all voted for. Upon returning from executive session, Councilmember Krug moved to reappoint Mr. Scott Fredricks to the Parks and Recreation Commission. Councilmember Bryant seconded and all voted for. J) ENGINEER'S REPORT City Engineer Damon Johnson addressed the council with his Engineer's Report. Mr. Johnson asked for out of state travel approval for Michael McDaniel. Mr. McDaniel will be attending training for his wastewater licenses in Irving, TX August 5-8. Councilmember Bryant moved to approve the out of state travel and Councilmember Shetron seconded. All voted for. K) REVIEW OF THE JUNE FINANCIALS AND PAID BILLS REPORT The council was given a copy of the June Financials and paid bills report for review. MAYOR COMMENTS Mayor Elumbaugh asked the City Attorney to give the council an update on the burned out house on College Street. Mr. Castleberry said he recently wrote letters to all the attorneys involved with the ongoing litigation on the property. He said he did so in trying to keep an open communication between all parties involved and in hopes of being kept up to date on the issues. He said the trial date had been postponed twice and is now set for May. 2014. The Mayor invited everyone to attend a going away celebration at Fitzhugh Ballpark on August 12 at 6:30 pm. He said the land was donated to the City in 1936 and he asked for anyone that has any stories about the ballpark to contact him or the Parks Director. LIAISON REPORTS None COUNCIL COMMENTS None ADJOURNMENT There being no further business, Councilmember Bryant moved that the meeting be adjourned. Councilmember Matthews seconded and all voted for. RICK ELUMBAUGH, MAYOR DENISE M. JOHNSTON, CITY CLERK