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HomeMy WebLinkAbout2011-05-10 MINUTES OF COUNCIL MAY 10, 2011 The Batesville City Council met in regular session on May 10, at 5:30 PM at the Municipal Building. Mayor Elumbaugh called the meeting to order. Councilmember Henley 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 and the City Attorney. Councilmember Shetron moved to approve the minutes from the previous meeting. Councilmember Insell seconded and all voted for. Councilmember Insell moved to approve the prepared agenda as amended. Councilmember Henley seconded and all voted for. CITIZENS COMMENTS None UNFINISHED BUSINESS None NEW BUSINESS A) QUARTERLY REPORT FORM FIRE CHIEF BRENT GLEGHORN Fire Chief Brent Gleghorn addressed the council and gave each member a copy of his department's quarterly report. Chief Gleghorn went through the report and answered questions from the council. The Chief asked the council to approve out of state travel for two employees to go to Lyons, South Dakota to pick up the new Rescue truck. Councilmember Matthews moved to approve the out of state travel and Councilmember Bryant seconded. All voted for. B) PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION TO AUTHORIZE THE ISSUANCE OF REVENUE BONDS BY THE CITY OF BATESVILLE PUBLIC FACILITIES BOARD ON BEHALF OF WOOD-LAWN, INC. Mayor Elumbaugh opened the public hearing at 5:46 PM for the discussion of issuing revenue bonds for Wood-Lawn, Inc. to build a new 140 bed facility. There being no one wishing to speak, the public hearing was closed at 5:50 PM. Mr. Shipp Russell with Friday, Eldridge and Clark Law Firm of Little Rock addressed the council to answer any questions regarding the proposed resolution. Councilmember Bryant introduced the resolution and Mr. Castleberry read it in full. After a discussion, Councilmember Shetron moved to adopt the resolution and Councilmember Bryant seconded. The roll call vote was 7 for and 1 (Krug) abstained. The resolution was given #2011-05-01-R. C) CONSIDER AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE SUBDIVISION CODE, CLARIFY THE PROCESS OF FINAL PLAT APPROVAL AND ESTABLISH THE PROCESS FOR ACCEPTING STREETS FOR MAINTENANCE BY THE CITY Councilmember Bryant introduced an ordinance to amend various provisions of the Batesville Subdivision Code, clarify the process of final plat approval and establish the process for accepting streets for maintenance by the City. Code Enforcement Officer Chad McClure addressed the council to answer any questions. Councilmember Matthews moved to suspend the rules and read the ordinance by title only. Councilmember Insell seconded and the roll call vote was 8 for and 0 against. Mr. Castleberry read the ordinance by title only. Councilmember Matthews moves to further suspend the rules and waive the second and third readings. Councilmember Insell seconded and the roll call vote was 8 for and 0 against. Councilmember Bryant moved to adopt the ordinance and Councilmember Insell seconded. The roll call vote was 8 for and 0 against. The ordinance was given #2011-05-01. D) CONSIDER AN ORDINANCE TO REZONE ALL LAND IN THE CITY LIMITS OF BATESVILLE SOUTH OF THE WHITE RIVER FROM R-1 TO C-1 Councilmember Matthews introduced an ordinance to rezone all land in the City limits of Batesville lying South of the North shore of the White River from R-1 to C-1 Commercial. Councilmember Matthews moved to suspend the rules and read the ordinance by title only. Councilmember Bryant seconded and the roll vote was 8 for and 0 against. Mr. Castleberry read the ordinance by title only. Councilmember Matthews moved to further suspend the rules and waive the second and third readings. Councilmember Insell seconded and the roll call count was 7 for and 1 (Shetron) abstained. Councilmember Bryant moved to adopt the ordinance and Councilmember Insell seconded. The roll call vote was 8 for and 0 against. The ordinance was given #2011-05-02. E) CONSIDER AN ORDINANCE TO REZONE CERTAIN LAND FROM INDUSTRIAL TO C-1 LOCATED SOUTH OF MEYERS STREET, EAST OF ST. LOUIS STREET AND WEST OF STILLHOUSE BRANCH Councilmember Bryant introduced an ordinance to rezone certain land from Industrial to C-2 Commercial located south of Meyers street, east of St. Louis Street and west of Stillhouse Branch. Councilmember Insell 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 suspend the rules and suspend 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 Henley seconded and the roll call count was 8 for and 0 against. The ordinance was given #2011-05-03. F) ENGINEER'S REPORT City Engineer Damon Johnson addressed the council with his engineer's report. Mr. Johnson said they had finally gone out for bid for the second phase of construction for the Wastewater Treatment upgrade. The bids will be opened June 14th at 2:00 PM. Mr. Johnson said the recent rains had affected almost every department in the City. The Wastewater Treatment Plant did not make permit for April and the construction crews were slowed down as well. Construction has hit rock in digging for the new sewer line for DHS which has drastically slowed down progress. Weather has also slowed down work at the new Shooting Range but crews are there again trying to get ready for their June Grand Opening. G) EXECUTIVE SESSION Councilmember Shetron moved to go into executive session. Councilmember Bryant seconded and all voted for. Upon returning from executive session, Councilmember Shetron moved to appoint Mr. Stephen (Kegal) Smart to the Airport Commission. Councilmember Bryant seconded and all voted for. Mr. Smart will fill the unexpired term of Randy Luster. The term will expire November 9, 2011. Councilmember Matthews moved to reappoint Mr. Joe Don Reynolds to the Public Facilities Board and to appoint Ms. Robin Brock to fill the unexpired term of Mr. Andy Montgomery. Councilmember Henley seconded and all voted for. Mr. Reynolds term will expire November 10, 2015 and Ms. Brock's term will expire November 10, 2012. H) REVIEW OF PAID BILLS REPORT The council was given a copy of the April, 2011 paid bills report for review. MAYOR COMMENTS Mayor Elumbaugh informed the council that Sanitation Unit#290, a 2009 Mack will be removed from the City's fixed assets and replaced with a 2011 Mack, Unit#291. Animal Control Officer Jeff Pender is asking for approval to travel out of state to Kansas City, MO for level 2 training. The Mayor said there are funds budged for Mr. Pender's training. Councilmember Matthews moved to approve the out of state travel and Councilmember Shetron seconded. All voted for. The Mayor read a proclamation naming May 21, 2011 as Kids to Parks Day. Mayor Elumbaugh said he had been approached to amend the City's current ordinance regarding do business with city employees. Councilmember Krug said the current ordinance only allows the City to do $2,000.00 per year with any city employee or any family member of a city employee. Mr. Krug said that entails a lot of citizens that could sell goods or perform services for the City. Mr. Krug said he would like to see the dollar amount removed or raised substantially. Mayor Elumbaugh asked the City Attorney to contact the Municipal League for guidance and bring something for the council to consider at the next meeting. LIAISON REPORTS None COUNCIL COMMENTS None ADJOURNMENT There being no further business, Councilmember Matthews moved that the meeting be adjourned and Councilmember Insell seconded. All voted for. RICK ELUMBAUGH, MAYOR DENISE M. JOHNSTON, CITY CLERK