MINUTES OF COUNCIL

APRIL 10, 2007

The Batesville City Council met in regular session on April 10, at 5:30 PM at the Municipal Building. Mayor Rick Elumbaugh presided over the meeting. Councilmember Krug gave the invocation. Upon roll call the following councilmembers answered present: R.L. Carpenter, Fred Krug, Doug Matthews, Matt McDonald, Jerry Pectol, David Shetron, Stephen Smart and Paula Terrell. The City Clerk was also present. City Attorney Stalker was absent.

Councilmember Pectol moved to approve the minutes from the previous meeting and Councilmember Shetron seconded. All voted for.

Councilmember Smart moved to approve the prepared agenda. Councilmember Shetron seconded and all voted for.

COMMENTS FROM CITIZENS

None

UNFINISHED BUSINESS

None

NEW BUSINESS

**CONSIDER SEWER CONNECTION – SARA PESTEL

The council considered a sewer connection for Sara Pestel. The Utilities Department acquired an easement from the Pestel’s to run the sewer line down Hwy 167. Councilmember Terrell moved to grant the connection and Councilmember Krug seconded. All voted for.

**RICK REED REGARDING SUBDIVISION OUTSIDE CITY LIMITS

Mr. Rick Reed addressed the council regarding a parcel of land he owns just outside the city limits. Mr. Reed said he does not have any current plans for the property but would like to have access to City water and sewer for the property. Mr. Reed said when he does decide to develop the property he would like to go before the Batesville Planning Commission and develop the property to City code. He said he believes his property is about 1 mile outside the City limits and hopes someday that it is annexed into the City. Utility Manager Larry Tharnish said that if the council allowed the Utilities to run water to Mr. Reed’s property that Sara Pestel would also like to be placed on City water. He said the water line would run next to the Pestel property to get to Mr. Reed’s property. Councilmember Matthews moved to run the water and sewer lines to Mr. Reed’s property and allow the Pestel’s to hook onto the water. Also Dr. Matthews encouraged Mr. Reed to seek advice from the Planning Commission when developing his land. Councilmember Carpenter seconded the motion and all voted for.

**CONSIDER RE-ZONE FROM C-1 TO T-1 – BOSWELL & BROAD STREETS – DRS. BILL AND CHRIS BELLER

Councilmember Terrell introduced an ordinance to re-zone property owned by Drs. Chris and Bill Beller from C-1 Commercial to T-1 Commercial. The property is located on the corner of Broad and Boswell Streets. The City Clerk read the ordinance in full. Councilmember Shetron moved to suspend the rules and wave the second and third readings. Councilmember Smart seconded and the roll call count was 8 for and 0 against. Councilmember Terrell moved to adopt the ordinance and Councilmember Matthews seconded. The roll call count was 8 for and 0 against. The ordinance was given #2007-4-1. Councilmember Carpenter moved to adopt the emergency clause and Councilmember Shetron seconded. The roll call count was 6 for and 2 (Smart and Terrell) against.

**CONSIDER RE-ZONE FROM R-1 TO C-1 – SOUTH OF HARRISON STREET AND ADJACENT TO JENNINGS LANE – FRANK TRIPP

Councilmember Matthews introduced an ordinance that would re-zone property owned by Mr. Frank Tripp from R-1 Residential to C-1 Commercial. The property is located south of Harrison Street and adjacent to Jennings Lane. The City Clerk read the ordinance in full. Councilmember Matthews moved to suspend the rules and wave the second and third reading. Councilmember Shetron seconded and the roll call count was 8 for and 0 against. Councilmember Matthews moved to adopt the ordinance and Councilmember Shetron seconded. The roll call count was 8 for and 0 against. The ordinance was given #2007-4-2.

**PAID BILLS REPORT

The council was given a copy of the paid bills report for March, 2007.

**CONSIDER CEMETERY RESOLUTION

The council considered a cemetery resolution for Emily Combs for $400.00, #2007-100-1. Councilmember Terrell moved to accept the resolution and Councilmember Smart seconded. All voted for.

MAYOR COMMENTS

Mayor Elumbaugh told the council that the company that was awarded the bid for the Hydraulic Hammer for the Utility backhoe said they failed to include the instillation cost in with their bid. They said the cost to install the hammer would be over $3,000.00. Utility Manager Larry Tharnish said the bid specifications included the instillation cost. He said the company would like to have their bid withdrawn but would honor the quote if the council so desired. The council was in agreement that the bid is binding and the company should have to abide by it.

The Mayor said the I & I study that the utility department is having done only has about 2 more weeks left to get enough rain to complete the study. If they have to extend the time, it will cost an additional $13,000.00.

The Mayor said he has scheduled an Interlocal Meeting for Wednesday, June 18th at 3:00 PM.

Mayor Elumbaugh said the City can apply for a recycling grant to help purchase a chipper or leaf machine. The grant is a 75-25 match. The council agreed to pursue the grant.

LIAISON REPORTS

None

COUNCIL COMMENTS

Councilmember Matthews commented that the first sales tax check that the City received for the 1/8% sales tax was less that we had expected. The Clerk told him that the sales tax checks that the City receives in March and April are traditionally the lowest of the year and hopefully the amount will continue to increase.

There being no further business, Councilmember Krug moved that the meeting be adjourned. Councilmember Pectol seconded. All voted for.

RICK ELUMBAUGH, MAYOR

DENISE M. JOHNSTON, CITY CLERK