CITY COUNCIL
REGULAR
MEETING
Mayor Kathy Harrison called the
regular meeting of the City Council to order at
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch Berry, Karen Lindblad, Gayle Money, Bill Ott and Earl
“Bud” Umland, City Attorney Tim Weaver, Mayor’s Assistant Brenda Spencer, City
Advertising and Promotion Commission (CAPC) Executive Director LeRoy Gorrell,
CAPC Marketing Director Lynn Berry, Historic District Commission (HDC) member
Frank Green Jr. and City Clerk Mary Jean Sell. There is one vacancy.
Mayor Harrison led the Pledge of
Allegiance to the Flag.
APPROVAL OF THE AGENDA:
Ms. Money moved to approve the
agenda. Ms. Lindblad seconded. All voted aye. Motion passed 5/0/0
Ms. Money moved to approve the minutes of the July 26 City Council meeting as presented. Mr. Ott seconded. All voted aye. Motion passed 5/0/0
COMMISSION, COMMITTEE,
AUTHORITY REPORTS AND VACANCIES:
Planning Commission – Position 5 – Expires 1/1/07 Mayor Harrison nominated Jan Grinnell to the position.
Planning
Commission – Position 3 – Expires 7/1/05 – vote – Patrick Brammer
Mr. Ott moved to approve the
nomination of Mr. Brammer. Ms. Lindblad seconded. All voted aye. Motion passed
5/0/0
Historic
District Commission (HDC) – Position 2 – Expires 3/07/05 – vote – John Brammer
Mr. Ott moved to approve the
nomination of Mr. Brammer. Ms. Lindblad seconded.
Mr. Berry said thought the chairman
of the HDC had been given Mr. Brammer’s name for her review and approval. He
asked the Mayor if she routinely asked chairmen of commissions for their approval
of nominees and why would a chairman know of a nomination before the council
did.
Mayor Harrison said the chairman of
the HDC did not know of the nomination before the council. Chairman Debbie
Frisbie had asked the mayor to ask the council to postpone voting on the
nomination until Ms. Frisbie had a chance to talk with Mr.
City Council 8/9/04 1
Brammer
about his interest in serving on the commission.
Mr. Umland said he had received
telephone calls saying that Mr. Brammer was in violation of HDC regulations.
Mr. Green said Mr. Brammer is in
compliance with HDC regulations. The commission has made a site visit to their
property and granted a six-month extension to the Certificate of
Appropriateness (CofA) so the exterior work could be completed.
On the nomination, all voted aye.
Motion passed 5/0/0
Parks & Recreation Commission –
Position 1 – Expires 5/31/07
City Advertising and Promotion
Commission – Position 4 – Expires 6/30/08
COMMITTEE REPORTS:
Vision
– Ott, Lindblad, Richie and Harrison
Mr. Ott reported he and Mr. Richie
had met and gone over their lists of recommendations for short and long-term
city projects.
OLD BUSINESS:
1.
Discussion of Ordinance #1959, an ordinance for procedures for non-payment of
CAPC tax. – LeRoy Gorrell
Mr. Ott moved to suspend the rules
and place Ordinance 1959 on its second reading by title only. Mr. Berry
seconded. By roll call, four voted aye, Ms. Lindblad voted against. Motion
passed 4/1/0
Mayor Harrison read the title of the
ordinance aloud.
Mr. Ott moved to approve place
Ordinance 1959 on its second reading by title only. Mr. Berry seconded.
Mr. Weaver said that with the
elimination of the CAPC executive director’s position, there were references in
the ordinance, which now have to be changed. He suggested the CAPC be given the
opportunity to make the changes.
Mr. Ott moved to defer the vote on
the second reading of the ordinance by title only to the next meeting, if the
CAPC can meet and make the necessary changes in the ordinance. Ms. Money
seconded.
Ms. Lindblad said she wants to know
who will hear the appeals. She said the ordinance does not specify clearly
enough. She wants a board of appeals made up of persons not connected with the
commission.
On the motion to defer, five voted
aye. Motion passed 5/0/0
NEW BUSINESS:
1.
Discussion of noise
Ordinance #1914.
Mr. Ott moved to place Ordinance 1914 on its first
reading. Ms. Money seconded. All voted aye. Motion passed 5/0/0
Ms. Sell read the ordinance aloud.
Ms. Money moved to approve Ordinance 1914 on its
first reading. Ms. Lindblad seconded.
Council members agreed in discussion the ordinance
was not to discourage motorcycles in town, but to prohibit loud noises from a
variety of vehicles.
City
Council 8/9/04 2
Mr. Berry moved to table the vote
until Police Chief Earl Hyatt could come to the meeting. Mr. Umland seconded.
Mayor Harrison recognized Gentry
Mayor Wes Hogue to speak. He said he understood the concern of the council for
the peace and quiet of the city. Speaking as a motorcycle rider, instructor and
mechanic, he said motorcycle riders now cross every aspect of society. He said
many cyclists perceive the ordinance as a tool to discriminate against them. He
asked the council to be sensitive to the perception and to not discourage
cyclists from coming to town.
On the motion to defer the vote, Mr.
Ott, Mr. Umland and Mr. Berry voted aye; Ms. Lindblad and Ms. Money voted
against. The motion was declared passed. Later in the meeting, Mr. Weaver said
that with a body of five voting, the mayor would have to vote in favor of a
motion to give four votes for approval. Mayor Harrison voted in favor of the
motion to defer the vote until Chief Hyatt could discuss the ordinance with the
council. Motion passed 4/2/0
2.
Discussion of Ordinance #1965, an ordinance restricting habitation and sleeping
on public property.
Ms. Money moved to place Ordinance
1965 on its first reading. Mr. Ott seconded. All voted aye. Motion passed
4/0/0 Ms. Lindblad had briefly left the
table.
Mayor Harrison read the ordinance
aloud.
Ms. Money moved to approve Ordinance
1965 on its first reading. Mr. Ott seconded.
Mayor Harrison explained there a no
current ordinances to restrict persons from sleeping or living on public
property in the city.
Mr. Berry wanted to know the
difference in sleeping and snoozing. Mayor Harrison said the ordinance was
intended for those sleeping on public property as part of habitation.
Mr. Weaver agreed the word “sleep”
might need to be defined in the ordinance. He thought local police officers and
prosecutors would use common sense in determining “sleeping” and “habitation”
of public property.
Mr. Ott moved to remove the word
“sleep” and change the phrase to “overnight camping or overnight use” in the ordinance.
The motion died for lack of a second.
Mr. Ott moved to remove the word
“sleep” from the ordinance. Mr. Berry seconded. Four voted aye. Ms. Money voted
no. Motion passed 4/1/0
On the motion to approve the
ordinance on its first reading, as amended, all voted aye. Motion passed 5/0/0.
3.
Applicants’ appeal to council concerning zoning request denied by Planning
Commission.
Mayor Harrison said the council is
to act as a separate body and to consider the appeal as a new case, not
considering the action of the Planning Commission.
The application from James and
Shirley Bird was to re-zone 80 Mountain St., known as the Old Stone Church,
from R-1, residential, to C-3, quiet business use.
City Council 8/9/04 3
Attorney Wade Williams presented a
plat map showing the property zones and uses surrounding 80 Mountain St. He
said the building is in a commercial area and should be brought into compliance
with the existing zoning codes. The church, built in 1901, predates the city’s
zoning code. It has more than 20 parking spaces.
He said several letters from
neighboring property owners had objected to the rezoning if the building was to
be used as a restaurant. He did not believe a conditional use permit (CUP) for
the property would be appropriate. The city’s code prohibits the particular use
of a property if the same use is within 200 feet. There is another church
within 200 feet of this property.
He said the current owners of the
property are not interested in using the property as a restaurant.
Planning Commissioner Terry McClung
said he believed bringing the property into compliance with the zoning code
would be appropriate.
Mr. Weaver said that any uses
permitted within a zoning classification would be appropriate to the property
and none of the uses could be excluded.
Ms. Money moved to have an ordinance
drawn to re-zone the property from R-1, residential, to C-3, quiet commercial.
Mr. Ott and Mr. Umland seconded.
After additional discussion, Mr.
Umland called for the question to stop discussion. Ms. Money seconded. Mr. Ott,
Mr. Umland and Ms. Money voted aye. Mr. Berry and Ms. Lindblad voted nay.
Motion failed 3/2/0
On the original motion to have the
ordinance prepared to re-zone the property, Mr. Ott, Mr. Umland and Ms. Money
voted aye. Mr. Berry and Ms. Lindblad voted nay. Mr. Weaver said that with a
body of five voting, the mayor would have to vote in favor of a motion to give
four votes for approval. Mayor Harrison voted in favor of the motion. Motion
passed 4/3/0.
Mr. Ott quoted former President
Gerald Ford in saying, “Truth is the glue that holds government together.”
Ms. Lindblad said she did not
appreciate being personally attacked during the council meeting. She hoped the
council would be firm in not allowing such things.
MAYOR’S COMMENTS:
Mayor Harrison said a special
meeting will be needed in the next few days to approve expenditures to repair
Black Bass Dam. There are large holes in the dam allowing quite a bit of water
to come through. She said it will be necessary to fence off the two pump houses
near the dam and access to the dam area as part of homeland security measures.
Federal funding might be available for the security measures. She thought the
cost might be $30,000-$35,000.
She congratulated the four new
candidates for city council, praising them for willingness to be of service to
the community.
Ms. Money moved to adjourn at 7:49
p.m. Mr. Berry seconded. All voted aye. Motion passed 5/0/0
City
Council 8/9/04 4
This is the signature page for the minutes of the
regular City Council meeting Aug. 9, 2004.
__________________________________
Mayor
Kathy Harrison
_____________________________________
City Clerk Mary Jean Sell
City Council 8/9/04 5