HomeMy WebLinkAbout2005-01-25 MINUTES OF COUNCIL
JANUARY 25, 2005
The Batesville City Council met in regular session on January 25, at 5:30 PM at the
Municipal Building. Mayor Joe Biard presided over the meeting. Councilmember Matthews
gave the invocation. Upon roll call the following Councilmembers answered present: R.L.
Carpenter, John Cooke, Fred Krug, Douglas Matthews, Jim Mitchum, Dana Mynatt, Jerry Pectol,
and Paula Terrell. The City Clerk Denise Johnston was also present. City Attorney Scott Stalker
was absent.
Councilmember Pectol moved to approve the minutes from the last meeting.
Councilmember Terrell seconded and all voted for.
Councilmember Matthews moved to approve the prepared agenda as amended.
Councilmember Pectol seconded and all voted for.
CODE ENFORCEMENT PUBLIC HEARINGS
Mayor Biard opened the floor for a public hearing on 755 North Central. After closing
the public hearting, Terrell introduced a resolution that would condemn the property. Mayor
Biard read the resolution. The owners of the property, Mr. & Mrs. Billy Marlin said they were in
the process of cleaning up the property. Mr. McClure explained to the Marlins that if the council
passes the resolution, they still have 30 days to bring the property into compliance with the City
code. Councilmember Carpenter moved to adopt the resolution and Councilmember Pectol
seconded. All voted for. The resolution was given 42005-1-1-R.
Mayor Biard opened the floor for a public hearing on the property located at 561 9th
Street. After closing the public hearing, Councilmember Carpenter introduced a resolution that
would condemn the property. Mayor Baird read the resolution. Ms. Pearl Fleming, owner of the
property addressed the council and said she did not feel the property was a nuisance. Mr.
McClure said that there was a window broken, the back porch needs to be removed and the roof
in sagging and in need of repair. The council told Ms. Fleming that she needed to start making
the improvements now but did not have to have it completed within the 30 days.
Councilmember Pectol moved to adopt the resolution and Councilmember Carpenter seconded.
All voted for. The resolution was given 42005-1-2-R.
Mr. McClure said he would keep the council up to date on the progress of both pieces of
property.
UTILITIES BOND ISSUE PROPOSAL FOR EROSION CONTROL AT THE
WASTEWATER PLANT
Mayor Biard opened the floor for a public hearing regarding the issuance of Water and
Sewer Revenue Bonds. With no response, the Mayor closed the public hearing. Councilmember
Mitchum introduced an ordinance that would authorize the issuance of Water and Sewer system
revenue bonds and provides for the payment of the principal of and interest on the bonds. Mayor
Biard and Mr. Jim Buttry read the ordinance in full. Mr. Larry Tharnish, Manager of the
Batesville Water Utilities and Mr. Jim Buttry with Friday, Eldredge & Clark addressed the
council to answer any questions. After a short discussion, Councilmember Terrell moved to
suspend the rules for the second and third readings. Councilmember Carpenter seconded and the
roll call count was 8 for and 0 against. Councilmember Pectol moved to adopt the ordinance and
Councilmember Carpenter seconded. The roll call count was 8 for and 0 against. The ordinance
was given 42005-1-3. Councilmember Carpenter moved to adopt the emergency clause and
Councilmember Matthews seconded. All voted for.
CONSIDER DRAINAGE EASEMENT FOR HOME DEPOT
Councilmember Carpenter moved to give the Mayor and City Clerk authority to grant a
permanent right of way easement for drainage to Home Depot USA, Inc. Councilmember Pectol
seconded and all voted for.
PROPOSED ANNEXATION OF 90 ACRES OFF WHITE DRIVE
Councilmember Mitchum introduced an ordinance that would approve and accept the
annexation to the City of Batesville a tract of land all in the west part of the northwest quarter of
section 9, township 13 north, range 6 west, containing 90 acres. Mr. Max McElmury and Mr.
Scott Clark are sole owners of the property. Mayor Biard read the ordinance in full.
Councilmember Terrell moved to suspend the rules for the second and third readings.
Councilmember Mitchum seconded and the roll call count was 8 for and 0 against.
Councilmember Pectol moved to adopt the ordinance and Councilmember Terrell seconded. The
roll call count was 8 for and 0 against. The ordinance was given 42005-1-4.
EXECUTIVE SESSION
Councilmember Mitchum moved to go into executive session and Matthews
Councilmember seconded. All voted for. After returning from executive session, no action was
taken.
LIAISON REPORT
Councilmember gave a liaison report for the Airport Commission.
COUNCIL COMMENTS
Councilmember Carpenter said he would like to re-visit the Chadwick/Dillon issue and
asked the Mayor to put it on the agenda for the next meeting.
There being no further business, Councilmember Terrell moved that the meeting be
adjourned. Councilmember Carpenter seconded and all voted for.
JOE M. BIARD, MAYOR
DENISE M. JOHNSTON, CITY CLERK