CITY COUNCIL
Mayor Kathy Harrison called the
regular meeting of the City Council to order a 6 p.m. Monday, Jan. 5, in the
jury room of the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch” Berry, Beverly Blankenship, Aaron Falotico, Terry
McClung, Rick Rojek, Lori Weaver, City Attorney Tim Weaver, Mayor’s Assistant
Brenda Spencer, Parks and Recreation Executive Director Bruce Levine and City
Clerk Mary Jean Sell.
PLEDGE OF ALLEGIANCE TO THE
FLAG:
Mayor Harrison led the Pledge of
Allegiance to the Flag.
APPROVAL OF THE AGENDA:
Mr. Berry moved to approve the
agenda. Mr. Falotico seconded.
Mr. McClung asked to add the Mayor’s
veto of the Council’s Dec. 13, 2004, vote to grant a conditional use permit
(CUP) to Susan Missavage to operate a bed and breakfast at 46 Hillside to the
agenda. Mr. Weaver said the Council granting the CUP should have been the one
to consider overriding the veto and they didn’t.
Mr. Berry said he had a letter from
Municipal League Attorney David Schoen with an opinion that the new council
could overturn the veto.
Mr. McClung moved to add the item to
the agenda. Mr. Berry seconded. Mr. McClung, Mr. Berry and Ms. Blankenship
voted aye. Mr. Rojek, Mr. Falotico and Ms. Weaver voted nay. Motion failed
3/3/0
Mr. McClung moved to add a
discussion to the agenda to repeal Ordinance 1879 setting a requirement of 200
feet between properties operating similar businesses in the R-1 zone. Ms.
Blankenship seconded. Mr. McClung and Ms. Blankenship voted aye. Mr. Berry, Mr.
Rojek, Mr. Falotico and Ms. Weaver voted nay. Motion failed 2/4/0
Mr. McClung moved to allow Dwight
Witcher of EPS in Conway to speak to the Council to learn why he was not chosen
as the contractor for the construction of the wastewater treatment plant. Mr.
Berry seconded.
Mr. Weaver said he understood Mr.
Witcher has brought lawyers into the issue and it is his advice that the
Council not discuss the matter at the table.
Mayor Harrison said she would not
discuss the awarding of the contract.
On the motion, Mr. Berry and Mr.
McClung voted aye. Ms. Blankenship, Mr. Rojek, Mr. Falotico and Ms. Weaver
voted nay. Motion failed 2/4/0
Mr. Falotico moved that Item #1
under New Business be moved to the first item of discussion. Mr. Rojek
seconded. All voted aye. Motion passed 6/0/0
Mr. Berry asked for an explanation
of why an executive session has been listed on the agenda. Mayor Harrison said
Mr. Falotico had requested it to discuss a City Advertising and Promotion
Commission (CAPC) position. Mr. Berry said the Council does not have that
authority, the CAPC is an autonomous commission.
Mayor Harrison asked for a vote to
approve the amended agenda. All voted aye. City
Council 1/10/05 1
APPROVAL OF THE MINUTES:
December 13, 2004 They were not available.
COMMISSION, COMMITTEE,
AUTHORITY REPORTS AND VACANCIES:
Planning Commission – Position 6 –
Expires 1/1/06
Planning Commission – Position 2 –
Expires 1/1/09 – vote- Leah Karnes
Mayor Harrison said there was some
concern about re-appointing Ms. Karnes to the commission because she works for
one of the aldermen. Mayor Harrison knows Ms. Karnes to speak her own mind and
hold her own opinions. Ms. Blankenship moved to appoint Ms. Karnes to the
position. Mr. McClung and Ms. Weaver seconded. All voted aye. Motion passed
6/0/0
Historic District Commission – Position 4 – Expires 11/30/07 –
re-instate John Brammer.
Mr. Berry moved to re-instate Mr.
Brammer to the position. Mr. Falotico seconded.
Ms. Blankenship asked if there are other candidates.
Mayor Harrison said she has applications from other candidates, but she only
brings one name forward at a time for consideration.
On the motion, Mr. Rojek and Ms. Blankenship voted
nay. Mr. McClung, Mr. Falotico, Mr. Berry and Ms. Weaver voted aye. Motion
passed 2/4/0
Historic District Commission - Position 1 – Expires 11/30/06 – nominate Richard Grinnell
NEW BUSINESS:
1. 2005 City Council Rules/Procedures, set meeting time
and day of week.
Mr. Falotico moved to adopt Robert’s Rules of Order. Mr. Berry seconded. Five voted aye, Ms.
Weaver opposed. Motion passed 5/1/0
Mr. Rojek moved to continue to meet at 6 p.m. on the
second and fourth Mondays of each month. Mr. Falotico seconded. All voted aye.
Motion passed 6/0/0
Mr. Falotico said he would like to see the Council
elect a president of the council to run the meetings in the absence of the
mayor. Mr. Berry seconded the motion. All voted aye. Motion passed 6/0/0
Ms. Weaver nominated Mr. Falotico to serve as
President of the Council. Mr. Rojek seconded. Five voted aye. Mr. Falotico
abstained. Motion passed 5/0/1
There was some discussion of how and when agenda
items may be placed on the agenda. Mr. Falotico moved to continue the practice
of having two council members request a new item be placed on the agenda. Mr.
Rojek seconded. All voted aye. Motion passed 6/0/0
Mr. Weaver spoke to the group about not talking to
one another about city business away from the council table, do not e-mail,
send letters, telegrams or communicate in any form. Talk to the mayor, city
clerk or the city attorney about city business. They will relay information to
other council members.
City Council 1/10/05 2
OLD BUSINESS:
1. Discussion of Corley Street
Mr. Berry moved to have an ordinance drawn to open Corley St. Mr. McClung seconded.
Mr. Weaver said Corley Street is not
a road, it is a platted green space at this time. He said there is no case law
of individuals forcing a city to open a street. He said an ordinance to open
the street would not settle the issues of who was to pay for the installation
of a street.
Mayor Harrison said she has a letter
from Chief of Emergency Services David Stoppel saying he cannot provide
ambulance or fire protection to the property on Corley St. because any road in
the proposed area would not allow for the turning of ambulances or fire trucks.
Mr. Weaver asked if anyone knew if
the sale of the property had gone through or if the current owner had the
property in a bankruptcy case.
Mr. Berry said the area is city
property dedicated for street use, but he didn’t know what liability might be
incurred if the street is opened.
Mildred Krebbs, 39 Steel St.,
opposes the opening of the street.
Mayor Harrison said she has letters
from Pat Costner and Barbara Harmony of the National Water Center expressing
their concerns for the affects opening the street would have on the two spring
reservations in the area.
Mr. Falotico moved to table the
discussion. Mr. Berry seconded. All voted aye. Motion passed 6/0/0
Phil Krebbs, 45 Steel St., asked the
Council to consider all of the property owners downhill from Corley St. and how
the downhill drainage would be affected by opening the street. He asked that if
a street is to be built, that it be a “real street” with curbs and gutters and
good drainage.
2.
Discussion of Ordinance 1978, an ordinance regulating special events. (3rd
reading)
Mr. Falotico moved to suspend the
rules and place Ordinance 1978 on its third reading by title only. Mr. Rojek
seconded. By roll call, all voted aye. Motion passed 6/0/0
Mayor Harrison read the ordinance
aloud.
Mr. Berry moved to approve Ordinance
1978 on its third reading by title only. Ms. Blankenship seconded. All voted
aye. Motion passed 6/0/0
3.
Discussion of Ordinance 1976, an ordinance establishing the duties and salary
of the City Clerk Treasurer. (3rd reading)
Mr. Falotico moved to suspend the
rules and place Ordinance 1976 on its third reading by title only. Mr. Rojek
seconded. By roll call, all voted aye. Motion passed 6/0/0
Mayor Harrison read the ordinance
aloud.
Mr. Falotico moved to approve
Ordinance 1976 on its third reading by title only. Mr. Rojek seconded Ms. Sell
noted the effective date of the ordinance will have to be changed to Feb. 13,
2005, pending publication.
Mr. Rojek moved to amend the
ordinance to change the effective date to Feb. 13,
City Council 1/10/05 3
2005.
Mr. Falotico seconded. All voted aye. Motion passed 6/0/0
Mr. Berry said he feels the city
should hire a deputy city clerk to do many of the duties not being done by a
part-time city clerk. He wants the deputy responsible to the mayor as an
administrative position.
Ms. Blankenship questioned how the
council would have control over how the city clerk performed her duties and
that it might be better to have a deputy clerk as an administrative position.
She also said the state statutes set out the duties of the clerk as a check and
balance to the mayor’s duties.
Former Alderman Karen Lindblad said
it would be a slap in the face of the voters to remove the elected position
from their control. She said if the official doesn’t perform, the official can
be removed at the next election or legal charges could be brought.
Mr. Weaver, speaking as a citizen, expressed the
city’s need for a full-time clerk.
On the motion to approve the ordinance, by roll
call, Ms. Blankenship, Mr. Falotico, Mr. Rojek and Ms. Weaver voted aye. Mr.
Berry and Mr. McClung voted nay. Motion passed 4/2/0
4. Discussion of increase in rates for Carroll County Solid Waste – Roger Miner
Mr. Miner presented information including a copy of
the city’s contract with CCSW, a rate schedule and other information about the
operation of CCSW. He is asking for the 8 percent annual increase specified in
the contract, but is willing to take 4 percent. In 2004, the Council agreed to
a 4 percent rate increase and suggested he return to this Council for another increase.
He said the increased costs in fuel and equipment in the past year have forced
the need for the rate increase.
Mr. McClung moved to increase the trash pick-up
rates for residential customers 4 percent and 8 percent for commercial
customers as presented. Ms. Blankenship seconded. All voted aye. Motion passed
6/0/0
5.
Discussion of Ordinance 1982, amending the Zoning Code Chapters 114-4(c)(3)b
and Chapters 114-4(c)(4)b, regarding dwelling (units) in commercial buildings.
(2nd reading)
Mr. McClung moved to suspend the rules and place
Ordinance 1982 on its second reading by title only. Mr. Falotico seconded. By
roll call, all voted aye. Motion passed 6/0/0
Mayor Harrison read the title aloud.
Mr. McClung moved to approve Ordinance 1982 on its
second reading by title only. Mr. Berry seconded. All voted aye. Motion passed
6/0/0
The Council agreed to a break at 7:47 p.m. Meeting
resumed at 8:03 p.m.
NEW BUSINESS:
2.
Council nominations to the CAPC.
Mr. McClung nominated Mr. Rojek. Ms.
Wilkinson seconded. Five voted aye. Mr. Rojek abstained. Motion passed 5/0/1
Mr. Berry nominated Mr. McClung. Mr.
Rojek seconded. Five voted aye. Mr. McClung abstained. Motion passed 5/0/1 City Council 1/10/05 4
3.
Discussion of Ordinance 1984, an ordinance to amend Chapters 114-4(b) and 70-4
of the Eureka Springs Municipal Code regarding manufactured homes.
Mr. Berry moved to place Ordinance
1984 on its first reading. Mr. Falotico seconded. All voted aye. Motion passed
6/0/0
Ms. Sell read the ordinance aloud.
Mr. Berry moved to approve Ordinance
1984 on its first reading. Mr. Falotico seconded. All voted aye. Motion passed
6/0/0
Mr. McClung pointed out that the
ordinance would allow the construction of a building 20 feet by 20 feet.
On the motion, all voted aye. Motion
passed 6/0/0
4.
Discussion of ordinance to replace “Green Zone” Ordinance 1628.
Mr. Levine explained many of the
areas designated as “Green Zones” are actually platted rights-of-way for
streets and alleys. Many of them are included in 60 to 99 year leases.
The proposal from the Green Zone
Committee is to only lease the areas for 55 years at a time, with renewals
every five years following. A fee schedule is included in addition to
definitions and other information in the packet he has given to the Council.
Mr. Falotico moved to table any
discussion to the next meeting to give Council members time to consider the
information. Ms. Blankenship seconded. All voted aye. Motion passed 6/0/0
5.
Discussion of Resolution #507 adopting the National Incident Management System
established by the U.S. Department of Homeland Security.
Mr. Berry moved to read Resolution
#507. Mr. Rojek seconded.
Mayor Harrison read the resolution
aloud.
Ms.
Blankenship said she wants the Council to consider whether or not the
City Clerk gets to speak during discussions or if the Clerk must speak to
issues as a citizen.
Mr.
Falotico wants to have department heads and commission representatives
present reports to the Council on a regular basis. He asked to set a budget
workshop. The group agreed on 6:30 p.m. Thursday, Jan. 20.
Mr.
Berry welcomed the new members of the Council and said he is looking
forward to everyone working together in a positive manner.
Ms.
Weaver said she is excited to be on the Council and hopes they can
achieve great things for the city.
Mr. Falotico moved to have public
comments during the first meeting of each month, starting at 7 p.m., with
comments limited to 3 minutes per person. Mr. Rojek seconded. All voted aye.
Motion passed 6/0/0
Mr. Falotico moved to have
department heads and commission representatives provide reports to the Council
once a month. Mr. Rojek seconded. All voted aye. Motion passed 6/0/0
City Council 1/10/05 5
Mr. McClung moved to adjourn at 9:05
p.m. Mr. Falotico seconded. All voted aye. Motion passed 6/0/0
This is the signature page for the
regular City Council meeting of Jan. 10, 2005.
__________________________________
Mayor
Kathy Harrison
___________________________________
City Clerk Mary Jean Sell
City Council 1/10/05 6