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HomeMy WebLinkAbout2010-10-12 MINUTES OF COUNCIL OCTOBER 12, 2010 The Batesville City Council met in regular session on October 12, 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, Davy Insell, Fred Krug, Douglas Matthews, Matt McDonald, Richard O'Neal 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 Henley seconded and all voted for. Councilmember Bryant moved to approve the prepared agenda as amended. Councilmember Shetron seconded and all voted for. CITIZENS COMMENTS None UNFINISHED BUSINESS A) CONSIDER A RESOLUTION IN SUPPORT OF AMENDMENTS TO THE CONSTITUTION OF THE STATE OF ARKANSAS Councilmember Bryant moved to remove a proposed resolution that will support two amendments to the Constitution of the State of Arkansas. Councilmember Shetron seconded and the roll call count was 8 for and 0 against. Councilmember Bryant moved to read the resolution by title only and Councilmember O'Neal seconded. The roll call count was 8 for and 0 against. City Attorney Stalker read the resolution by title only. Councilmember Bryant moved to adopt the resolution and Councilmember Insell seconded. The roll call count was 6 for and 2 (Shetron and Henley) voted against. The resolution was given #2010-10-01-R. NEW BUSINESS A) CONSIDER AN ORDINANCE TO AMEND THE BATESVILLE ZONING CODES TO ELIMINATE AND RECLASSIFY C-2 PROPERTIES Councilmember Bryant introduced an ordinance that will eliminate and reclassify the C- 2 zone in the Batesville Zoning Code. Code Enforcement Officer Chad McClure said the ordinance will help to clean up and make the current codes easier to understand. Councilmember Bryant moved to suspend the rules and read the ordinance by title only. Councilmember Henley seconded and the roll call count was 8 for and 0 against. Mr. Stalker read the ordinance by title only. Councilmember Bryant moved to further suspend the rules and waive the second and third readings. Councilmember O'Neal 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 #2010-10-01. Mr. Stalker read the emergency clause. Councilmember Bryant moved to adopt the emergency clause and Councilmember Insell seconded. The roll call count was 8 for and 0 against. B) CONSIDER AN ORDINANCE TO AMEND THE BATESVILLE ZONING DISTRICTS MAP Councilmember Bryant introduced an ordinance to amend the Batesville Zoning Districts map to include recent zoning changes. 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. Stalker read the ordinance by title only. Councilmember Bryant moved to further suspend 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 McDonald seconded. The roll call count was 8 for and 0 against. The ordinance was given #2010-10-02. Mr. Stalker read the emergency clause. Councilmember O'Neal moved to adopt the emergency clause and Councilmember Bryant seconded. The roll call count was 8 for and 0 against. C) CONSIDER AN ORDINANCE TO REGULATE COMMUNICATIONS AND CELL PHONE TOWERS Councilmember Bryant introduced an ordinance to regulate communication and cell phone towers within the City limits of Batesville. Mr. McClure gave the council some history on the ordinance. Councilmember Matthews said he was concerned that the ordinance could be too restrictive. Councilmember Bryant said he thought the ordinance was a good start and could be amended if need be in the future. Councilmember Bryant moved to suspend the rules and read the ordinance by title only. Councilmember Insell seconded and the roll call count was 8 for and 0 against. Mr. Stalker read the ordinance by title only. Councilmember Bryant moved to further suspend the rules and waive the second and third readings. Councilmember Shetron 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 #2010-10-03. Mr. Stalker read the emergency clause. Councilmember Bryant moved to adopt the emergency clause and Councilmember O'Neal seconded. The roll call count was 8 for and 0 against. D) EXECUTIVE SESSION Councilmember Bryant moved to go into executive session. Councilmember McDonald seconded and all voted for. Upon returning from executive, Mayor Elumbaugh announced that no action was taken. E) CONSIDER THE LEVYING OF TAXES FOR 2010 Councilmember Bryant moved to levy 4.6 mills for City General and .4 mills for Fire Pension for property taxes payable in 2011. Councilmember Matthews seconded and all voted for. F) CONSIDER AN ORDINANCE REGARDING FOWL WITHIN THE CITY LIMITS OF BATESVILLE Councilmember Shetron introduced an ordinance to amend the Batesville Animal Control Ordinance regulating fowl within the Batesville city limits. Mr. Stalker read the ordinance in full. Mayor Elumbaugh said the ordinance would be placed on the next meeting agenda for the second reading. G) CONSIDER AN ORDINANCE REGARDING THE TETHERING OF DOGS WITHIN THE CITY LIMITS OF BATESVILLE Councilmember Insell introduced an ordinance to amend the Batesville Animal Control Ordinance regarding the tethering of dogs within the Batesville city limits. Mr. Stalker read the ordinance in full. Mayor Elumbaugh said the ordinance would be placed on the next meeting agenda for the second reading. H) CONSIDER AN ORDINANCE REGARDING VICIOUS OR DANGEROUS ANIMALS WITHIN THE CITY LIMITS OF BATESVILLE Councilmember Shetron introduced an ordinance that would amend the Batesville Animal Control ordinance regarding vicious and dangerous dogs within the Batesville city limits. Mr. Stalker read the ordinance in full. Councilmember Krug moved to suspend the rules and waive the second and third readings. The motion failed for the lack of a second. Mayor Elumbaugh said the ordinance would be placed on the next meeting agenda for the second reading. 1) ENGINEER'S REPORT Mr. Damon Johnson addressed the council with his engineer's report. He said several projects are completed or progressing quickly; the bore for the line to DHS is complete, sludge removal at the Wastewater Plant is complete, smoke testing is finally complete, and the tunnel is open all the way through. He said he hoped the North Heights line replacement will be completed in time to repave by the end of the year. J) REVIEW OF THE PAID BILLS REPORT The council was given a copy of the paid bills report for September, 2010. MAYOR COMMENTS Mayor Elumbaugh said there were two fixed asset disposals for the Metro Department; Canon Imagerunner 330S Copier and Canon NP7130 copiers Mayor Elumbaugh asked the council to remember former Mayor Jim Barnett in their prayers. Mr. Barnett's wife of 62 years, Lois "Chunk" Barnett, passed away yesterday. LIAISON REPORTS None COUNCIL COMMENTS Councilmember Matthews gave an update on several airport projects. ADJOURNMENT There being no further business, Councilmember Bryant moved that the meeting be adjourned. Councilmember Insell seconded and all voted for. RICK ELUMBAUGH, MAYOR DENISE M.JOHNSTON, CITY CLERK