CITY COUNCIL
Mayor Kathy Harrison called the
regular meeting of the City Council to order at 6:05 p.m. Tuesday, Oct. 12, in
the jury room of the Western District Carroll County Courthouse. The meeting
was moved from Monday, Oct. 3, so city employees could trade the Columbus Day
holiday for Veterans’ Day, Nov. 11.
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch” Berry, Aaron Falotico, Karen Lindblad, Gayle Money,
Bill Ott and Earl “Bud” Umland, Mayor’s Assistant Brenda Spencer, City Attorney
Tim Weaver, City Advertising and Promotion Commission (CAPC) Marketing Director
Lynn Berry, Berryville Mayor Tim McKinney 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:
Ms. Money moved to approve the
agenda. Ms. Lindblad seconded.
Mayor Harrison said New Business
Item #5, discussion of Ordinance #1966 was not ready; Item #4, Ordinance #1931
was not ready; and #9, an appeal hearing on the denial of a conditional use
permit (CUP) at 46 Hillside, would all be postponed to the Oct. 25 regular
meeting.
Mayor Harrison asked to have a
presentation from Berryville Mayor Tim McKinney on proposed state constitution
Amendment #2 placed as the first item of business on the agenda.
Mr. Falotico said Ordinance #1920,
regarding special permits, and workshop recommendations were not ready for
presentation. He asked that the discussion be postponed. Ms. Lindblad joined.
Mr. Ott said the committee working
on Ordinance #1948, amending the definition of “gift shops” was deadlocked and
could not make a recommendation this evening. He asked to have item Old
Business Item #2 removed from the agenda.
Mr. Ott moved to approve the agenda
as amended, with the removal of Old Business Item #2, discussion of Ordinance
#1948. Ms. Money seconded. All voted aye. Motion passed 6/0/0
Ms. Lindblad moved to postpone the
discussion of Ordinance #1948. Mr. Falotico seconded.
Mr. Ott said the ordinance needs to
be adopted as presented and the CAPC “enforcement” ordinance approved with it.
The committee could continue to work on the gift shop definition and bring
recommendations at a later date.
Mr. Falotico said there were several
questions about the gift shop definition the committee needs to answer.
Mr. Ott again moved to have the item
removed from the agenda. Ms. Lindblad and Mr. Falotico voted aye, four opposed.
Motion failed 4/2/0
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Berryville Mayor Tim McKinney made a
presentation on state constitution Amendment #2 which sets up a mechanism for
providing funding incentives for large corporations to locate within Arkansas
with a guaranteed investment of $500 million and employment for 500 persons. He
is the chairman of the Carroll County organization supporting the
amendment. He said the city councils in
Berryville and Green Forest have voted their support although the county does
not have the infrastructure to directly benefit from the measure. He said the
whole state would benefit.
Mr. Ott moved to suspend the rules
to read and adopt Resolution #506. Mr. Umland seconded. All voted aye. Motion
passed 6/0/0
Mayor Harrison read the resolution
aloud.
EXECUTIVE SESSION:
Mr. Ott moved to go into executive
session to discuss the building inspector’s position at 6:28 p.m. Mr. Umland
and Ms. Money seconded.
The council resumed at 6:46 p.m.
Ms. Money moved to confirm the
hiring of Justin Fuson as the city’s building inspector. Mr. Umland seconded.
All voted aye. Motion passed 6/0/0
Ms. Money moved to postpone the
reading of the minutes. Mr. Falotico seconded. All voted aye. Motion passed
6/0/0
COMMISSION, COMMITTEE,
AUTHORITY REPORTS AND VACANCIES:
City
Advertising and Promotion Commission – Position 4 – Expires 6/30/08
Mayor Harrison nominated Jack Moyer,
general manager of the Crescent and Basin Park Hotels.
Hospital
Commission – vote – Betty Andrews.
Mr. Ott moved to confirm the re-appointment of Betty Andrews to the
commission. Ms. Money seconded. Five voted aye, Ms. Lindblad voted nay. Motion
passed 5/1/0
Parks
and Recreation Commission – Position 6- Expires 5/01/09 – Barbara Deschner
Dunnam Mr. Ott moved to confirm the re-appointment of Barbara Dunnam. Mr. Berry
seconded. All voted aye. Motion passed 6/0/0
Noise
– Umland, Hyatt, Money and Lindblad Mr.
Umland said he would wait until discussion of Old Business Item 1, discussion of
committee recommendations, to make his report.
Deer
– Berry, Ott and Lindblad Mr. Ott said
the committee has not met. They scheduled a meeting for 5:30 p.m. Tuesday, Oct.
19.
CAPC
Collectors’ Definition Committee – Falotico, Lindblad and Ott They will discuss their recommendations
during Old Business Item #2.
City
Council 10/12/04 2
OLD BUSINESS:
1.
Discussion of Noise
Committee recommendations.
Ms. Money said the committee has gone through the
proposed ordinance and has made recommendations. It needs an ordinance number
and copies made for council members to review. She would like to have it on the
agenda for discussion Oct. 25.
2. Discussion of Ordinance #1948, an ordinance amending the definition of “gift shops.”
Mayor Harrison said she had hoped the committee
would have been able to make the changes in the definition fairly quickly and
not get delayed by other discussions of the ordinance. She reminded the members
they were only to work on the definition.
Mr. Ott moved to place Ordinance 1948 on its first
reading. Ms. Money seconded.
After
some discussion, Mr. Ott and Mr. Berry voted aye. Four voted nay.
Mr. Falotico said he thought the
committee could get the definition worked out fairly quickly. He suggested a
committee meeting for 5:30 Monday, Oct. 18. Mr. Ott said he would yield his
position on the committee to Mr. Umland.
NEW BUSINESS:
1. Adoption of Resolution #505, The Johanson Group Job
Evaluation and
Salary Program.
Mayor Harrison said the study
resulted in 54 job descriptions for 65 city employees. She feels the evaluation
of the jobs is good and the salary program brings positions into equity.
Mr. Berry said he wants more time to
do additional research on the city planner position. He does not feel it is
accurately represented in the study and the recommended salary is inadequate
for a professional planner. He does not believe the city can afford the
salaries recommended for the mayor and city council members.
Mr. Umland said he did not think the
mayor and council salaries should be raised.
Mr. Umland moved to table
consideration of the resolution until the Oct. 25 meeting. Mr. Berry seconded.
All voted aye. Motion passed 6/0/0
Ms. Money moved to take a break at
7:35 p.m. She left the meeting. The meeting resumed at 7:48 p.m.
2.
Discussion of Ordinance #1920, amended, regarding special permits and workshop
recommendations.
Mr. Ott suggested setting a
committee meeting for 5:30 p.m. Monday, Oct. 25, and to set the council meeting
for 6:30 p.m. All agreed.
3.
Discussion of Ordinance #1971, an ordinance for the city to regain Corley
Street right-of-way from the Parks and Recreation Commission. (1st
reading)
City Attorney Tim Weaver said he did not have an ordinance ready because he has not been able to get a legal description of the portion of the street under consideration. He believes there may be some overlapping of property which may include
City Council 10/12/04 3
a spring reservation.
Parks Executive Director Bruce Levine said he thought the property owner had a survey. He believes the Parks has a “centerline” survey of the area.
Commissioner Barbara Dunnam said she believes there is a lot between the platted street and the property in question, which would deny access to the new property owners.
Weaver said the council needs a description of the area under discussion. He said a centerline survey is not sufficient.
Sandra Synar, resident of Steele St., said she is concerned that any construction of a roadway on the ridge above her property will send rocks, debris and dirt into her house. She said there are unstable sinkholes in the hillside as well.
Mr. Ott moved to have the city attorney contact the persons interested in opening the street to see if they are willing to bear the expenses of moving forward with a survey and other costs. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
4. Discussion of proposed modification
of parking signs for Saint James Episcopal Church, 28 Prospect Ave.
Mr. Berry asked to postpone the discussion to the next meeting to give council members time to visit the area and to review the written information provided.
Mr. Ott said there are also parking challenges for members of St. Elizabeth Catholic Church and the First Baptist Church. He would like for the council to consider all three parking situations.
Mr. Umland said if Mr. Ott was making a motion, he would second it. All voted aye. Motion passed 5/0/0
5. Discussion of ordinance to replace existing “Green Zone
Ordinance” #1628.
Mr. Levine explained the several parts of the ordinance. The areas known as Green Zones, unplatted and unopened streets and alleys, are now to be called “reserved rights-of-way.”
He said there are 60 leases with 99-year terms between the city and property owners, many dating from the late 1800s and early 1900s. He said his commission doesn’t know who has all of the leases or when they might expire. A compromise of offering 55-year leases on encroaching buildings with a 1-foot perimeter, with lease revenue, has been proposed. The leases will run in five-year segments with a 10 percent increase each five years to compensate for rising property values.
Mr. Ott moved to have the city attorney prepare ordinances for the recommendations from the Planning Commission. Mr. Umland seconded. All voted aye. Motion passed 5/0/0
6. Discussion of Ordinance #1970, an ordinance amending the 2004
budget for additional money for the special election.
Mr. Ott moved to place Ordinance 1970 on its first reading. Mr. Falotico seconded. All voted aye. Motion passed 5/0/0
Ms. Sell read the ordinance aloud.
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Council 10/12/04 4
Mr. Ott moved to approve Ordinance 1970 on its first reading. Mr. Falotico seconded. All voted aye. Motion passed 5/0/0
Mr. Ott moved to suspend the rules and place Ordinance 1970 on its second reading by title only. Mr. Falotico and Mr. Berry seconded. By roll call, all voted aye. Motion passed 5/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance 1970 on its second reading by title only. Mr. Falotico seconded. All voted aye. Motion passed 5/0/0
Mr. Ott moved to suspend the rules and place Ordinance 1970 on its third reading by title only. Mr. Falotico seconded. By roll call, all voted aye. Motion passed 5/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance 1970 on its third reading by title only. Mr. Falotico seconded. All voted aye. Motion passed 5/0/0
COUNCIL COMMENTS:
Ms. Lindblad congratulated the special events staff on a successful Folk Festival.
Mr. Berry dittoed Ms. Lindblad’s comments and said he was glad to see the Festival being a success. He asked for a budget meeting. The council agreed to 6:30 p.m. Wednesday, Oct. 13. He also asked about the creation of an appeal board for decisions regarding retaining walls.
Mr. Ott thanked everyone who worked on the Folk Festival and said the appearance of the Kingston Trio at the Basin Park Hotel and his birthday were also successful. He reminded everyone of the annual Transit Department public hearing at 5 p.m. Thursday, Oct. 14.
Mr. Umland thanked everyone for a successful Folk Festival. He also thanked Police Chief Earl Hyatt for his work on the proposed noise ordinance.
MAYOR’S COMMENTS
Mayor Harrison said the Ozark Transit has notified her of a raise in annual membership fees from $2,000 to $7,000 and is demanding payment. She is discussing transportation options for city residents next year with Transit Director Lamont Richie.
Mr. Ott moved to pay the $7,000 to Ozark Transit to continue service to Eureka Springs. Mr. Umland seconded.
Mr. Berry said he resented the city being held hostage and forced to come up with the $7,000, a 350 percent increase over last year’s fees. He asked the mayor to voice the council’s displeasure at the tactics.
On the motion, all voted aye. Motion passed 5/0/0
Mayor Harrison said she was disappointed that the council had not been able to adopt the Johanson resolution, #505, this evening.
ADJOURNMENT
Mr. Ott moved to adjourn at 9 p.m. Mr. Falotico seconded. All voted aye. Motion passed 5/0/0
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This is the signature page for the minutes of the regular City Council meeting Oct. 12, 2004.
_________________________________
Mayor Kathy Harrison
___________________________________
City Clerk Mary Jean Sell
City Council 10/12/04 6