CITY COUNCIL
REGULAR
MEETING
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, Public Works Director Robert Forrest, City Advertising and
Promotion Commission (CAPC) Marketing Director Lynn Berry, Auditorium
Director/Special Events Coordinator Pearl Brick 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. Mr. Ott seconded.
Mr. Umland asked to have a
discussion regarding the repeal of the ordinance dealing with the city clerk’s
position put on as New Business Item #11.
Mayor Harrison said Old Business
Item #3, Ordinance #1941, discussion of the ordinance regarding manufactured
homes, is postponed to the Nov. 8 meeting. New Business Item #4, Ordinance 1966
regarding rezoning of property at 80 Mountain St. from residential to
commercial, and Item #6, an ordinance to replace the “Green Zone Ordinance”
#1628, are not ready. New Business Item #7 regarding an appeal of a denial of a
conditional use permit (CUP) at 46 Hillside will be postponed to Nov. 8 at the
attorney’s request.
Ms. Lindblad said New Business Item
#1, Ordinance 1920, regarding special permits, is not ready for discussion. She
asked for a workshop at 5 p.m. Monday, Nov. 8, prior to the 6 p.m. council
meeting.
Mr. Berry asked to defer New
Business Item #10, discussion of retaining wall board of appeals, until the
Nov. 8 meeting.
Ms. Money moved to approve the
agenda as amended. 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 (CAPC) – Position 4 – Expires 6/30/08
– vote – Jack Moyer.
City Council 10/25/04
1
Ms. Money moved to postpone any action on Mr.
Moyer’s nomination if the mayor will put all the names she has of candidates on
the table to let the council choose one to appoint. Mr. Umland seconded. Four
voted aye, Mr. Ott and Mr. Berry voted nay.
Motion passed 4/2/0
Mayor Harrison said she had the names of James
DeVito and Robert J. Murphy as volunteers.
Mr. DeVito said he would remove his name from
consideration because of the up-coming election.
Deer
Committee – Berry, Ott and Lindblad
Mr. Ott presented “a full inch of information” from the Internet and
said committee members would meet at 5:30 p.m. Wednesday, Oct. 27, to review
the material.
CAPC
Collectors’ Definition Committee – Falotico, Lindblad and Ott Mr. Falotico said the group is working.
OLD BUSINESS:
1.
Discussion of Ordinance #1948, an ordinance amending the definition of “gift
shops.”
Mr. Ott moved to put Ordinance 1948
on its first reading. Ms. Money seconded. Five voted aye, Ms. Lindblad voted
nay. Motion passed 5/1/0
Ms. Sell read the ordinance aloud.
Mr. Ott moved to approve Ordinance
1948 on its first reading. Ms. Money seconded.
Ms. Lindblad urged the council to
delay action to give residents a chance to review the changes in the proposal.
Ms. Money asked for the addition of
an emergency clause. City Attorney Tim Weaver said he would prepare one. Ms.
Lindblad opposed adding an emergency clause because there is not a
consideration of the community’s health, safety or public peace.
Mr. Falotico noted a change in the
definitions in Section 2 regarding restaurants and cafes in the last line. The
words “or off” need to be removed to make the local ordinance match the state’s
enabling statute.
He moved to amend the ordinance to remove “or off”
from the last line of Section 2 definition of restaurant or café. Mr. Umland
seconded. All voted aye. Motion passed 6/0/0
Ms. Lindblad said the city attorney had asked her to
recuse herself from voting on the ordinance. She said she would, but she
thought every other member of the council should as well since they are all
affected by the ordinance, especially Mr. Berry since his wife is the CAPC
marketing director.
Auditorium Director/Special Events Coordinator Pearl
Brick asked the council to consider the ordinance changes and how it would
affect the CAPC’s overall revenue and ability to maintain the City Auditorium
and special events.
Mr. Ott called the question to stop discussion. Mr.
Umland seconded. All voted aye. Motion passed 6/0/0
City Council 10/25/04 2
On the motion to approve Ordinance 1948 on its first
reading, five voted aye, with Ms. Lindblad not voting. Motion passed 5/0/0
Mr. Ott moved to suspend the rules and place
Ordinance 1948 on its second reading by title only. Ms. Money seconded. By roll
call, five voted aye, with Ms. Lindblad not voting. Motion passed 5/0/0
Mayor Harrison read the title of Ordinance 1948
aloud.
Ms. Money moved to approve Ordinance 1948 on its
second reading by title only. Mr. Ott seconded. Five voted aye, with Ms.
Lindblad not voting. Motion passed 5/0/0
Mr. Ott moved to suspend the rules and place
Ordinance 1948 on its third reading by title only. Ms. Money seconded. By roll
call, four voted aye, Mr. Falotico voted may and Ms. Lindblad did not vote.
Motion passed 4/1/0
Mayor Harrison read the title of Ordinance 1948
aloud.
Ms. Money moved to approve Ordinance 1948 on its
third reading by title only. Mr. Ott seconded.
Mr. Falotico moved to table the vote on the third
reading until the regular meeting Nov. 8. Mr. Umland seconded. Mr. Berry and
Mr. Falotico voted aye, four voted nay. Motion passed 4/2/0
On the motion to approve Ordinance 1948 on its third
reading by title only, five voted aye, with Ms. Lindblad not voting. Motion
passed 5/0/0
Mr. Ott moved to read the emergency clause. Mr.
Umland seconded.
Ms. Sell read the emergency clause aloud.
2.
Discussion of Ordinance #1974, an ordinance regarding collection of CAPC tax.
Mr. Ott moved to place Ordinance
1974 on its first reading. Mr. Umland seconded. Five voted aye, Ms. Lindblad
voted nay. Motion passed 5/1/0
Mayor Harrison, Mr. Falotico, Ms.
Money, Mr. Umland, Mr. Ott, Mr. Berry, Ms. Lindblad and Ms. Sell read the
ordinance aloud.
Ms. Money moved to approve Ordinance
1974 on its first reading. Mr. Falotico seconded.
Ms. Lindblad moved to table the vote
until the public has had a chance to review the changes in the ordinance.
Motion died for lack of a second.
Ms. Money moved for a break at 8:27 p.m.
Mr. Ott seconded. All voted aye. Motion passed 6/0/0 The meeting resumed at 8:42 p.m.
On the motion to approve Ordinance
1974 on its first reading, five voted aye, Ms. Lindblad voted nay. Motion
passed 5/0/0
Mr. Ott moved to suspend the rules
and place Ordinance 1974 on its second reading by title only. Ms. Money
seconded. By roll call, five voted aye, Ms. Lindblad voted nay. Motion passed
5/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance
1974 on its second reading by title only. Ms. Money seconded. By roll call,
five voted aye, Ms. Lindblad voted nay. Motion passed 5/0/0
City
Council 10/25/04 3
Mr. Ott moved to suspend the rules
and place Ordinance 1974 on its third reading by title only. Ms. Money
seconded. By roll call, five voted aye, Ms. Lindblad voted nay. Motion passed
5/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance
1974 on its third reading by title only. Ms. Money seconded. By roll call, five
voted aye, Ms. Lindblad voted nay. Motion passed 5/0/0
Mr. Ott moved to read the emergency
clause. Ms. Money seconded.
Mr. Ott moved to place New Business
Item #4, discussion of parking for Saint James Episcopal Church, as the next
item of business. Motion died for lack of a second.
Ms. Money suggested having a council
meeting Monday, Nov. 1, to finish the agenda items. Mr. Umland seconded and
asked the council to choose items to discuss.
Mayor Harrison asked to hold the
discussion of Saint James parking.
Ms. Money asked to put Ordinance
1920, the noise ordinance, at the first of the next agenda.
Mr. Berry moved to defer the reading
of Resolution #505 adopting the Johanson Group Job Evaluation and Salary
program. Mr. Ott seconded. Five voted aye, Ms. Lindblad voted nay.
Mr. Umland moved to defer the
discussion of the city clerk’s position to the Nov. 8 meeting.
As agreed, agenda items for
discussion will now be #1 Ordinance 1966; #2 St. James parking; #3 Main Street
merchants; and #4 Ordinance 1971 regarding Corley St.
3.
Discussion of Ordinance #1966, an ordinance rezoning property from residential
to commercial (80 Mountain St.) (1st reading)
Attorney Wade Williams said there
was an error in the writing of the Municipal Code and the application for the
rezoning should be returned to the Planning Commission. He said the council
cannot overturn a negative decision from the commission.
Ms. Money moved to return the
application to the Planning Commission. Mr. Ott seconded. All voted aye. Motion
passed 6/0/0
4.
Executive session.
Mr. Ott moved to defer the executive
session. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
Mr. Falotico moved to consider the
next item on the revised agenda. Mr. Umland seconded. All voted aye. Motion
passed 6/0/0
5.
Discussion of proposed modification of parking signs for the Saint James
Episcopal Church, 28 Prospect Ave.
Police Chief Earl Hyatt said he had
discussed church representatives’ proposal for
City Council 10/25/04 4
parking
along Prospect Street from Linwood to Kansas streets with Transit Director
Lamont Richie and both approved the plan. From 7:30 a.m. to noon on Sundays
parking from Linwood to Kansas St. will be marked for church parking. Loading
zones will be used as handicapped zones for those with difficulty getting in
and out of vehicles.
Ms. Money moved to accept the
recommendations as outlined by Hyatt. Mr. Umland seconded. All voted aye.
Motion passed 6/0/0
6.
Discussion of recommendations from Main Street Merchants.
Mayor Harrison said she and Mr.
Umland had met with the merchants Wednesday, Oct. 13, to discuss the downtown
parking and shopping situation. They will be meeting with Transit Director
Richie on Friday.
Merchants’ representative Mickey
Schneider said her group is pleased that the work is going forward.
7.
Discussion of Ordinance 1971, an ordinance for the city to regain Corley Street
right-of-way from the Parks and Recreation Commission. (1st
reading)
Mr. Ott moved to place Ordinance
1971 on its first reading. Ms. Money seconded. Five voted aye, Ms. Lindblad did
not vote. Motion passed 5/0/0
Mayor Harrison read Ordinance 1971
aloud.
Mr. Ott moved to approve Ordinance
1971 on its first reading. Ms. Money seconded.
Public Works Director Robert Forrest
presented a stack of papers and said he wanted the council to understand what
opening a roadway now entails. He said the Arkansas Department of Environmental
Quality (ADEQ) has to issue permits on a storm water management plan, pollution
prevention study, endangered species studies and others. Since the request to
construct more than 400 feet of road involving two spring reservations,
additional environmental studies are required. He said a gravel road “just
can’t be put in” without the permitting process.
He had an engineering estimate from
Tracy Consulting Engineers of Tulsa, Okla., showing an estimated cost of
$273,780 for construction of the roadway, water and sewer utility lines.
Mr. Berry said he didn’t think all
that paperwork was necessary since Corley St. is already a dedicated street.
Mr. Forrest said the street only
exists on paper, not on the ground.
City Attorney Tim Weaver cautioned
the council that “these are the considerations if you take back the street. The
Johnsons want a dirt road and seven trees have to be cut. They are demanding
that it be done immediately.”
After additional discussion, Mr.
Umland called the question to stop discussion. Mr. Ott seconded. All voted aye.
On the motion to approve Ordinance
1971 on its first reading, all voted aye. Motion passed 6/0/0.
Mr.
Falotico said this would be the last weekend for Eureka Screams, a haunted
house at the Carroll County Fairgrounds, north of Berryville.
City Council 10/25/04 5
Ms.
Money wanted to know if an ordinance from Mr. Richie would be on the next
agenda.
Mr.
Umland said the ballots for voting in the city council races Nov. 2 seem to
be confusing in that the instructions say “vote for one” and there are two
council seats. He wanted to assure the public they could vote in both races.
Mr.
Ott encouraged everyone to get out and vote.
Mr.
Berry said he wants an engineer’s report on the status of the work at the
wastewater treatment plant for the Nov. 8 meeting.
Ms.
Lindblad said she disagrees with passing ordinances with emergency clauses
when there is no danger to the community’s peace, health or safety.
Mayor Harrison distributed copies of
a proposed ordinance returning the city clerk-treasurer’s job to full-time and
setting a salary. She said there have been some problems with permits being
issued by persons without proper authority and keeping of the city’s records.
She congratulated John Rankine on
his “fabulous” photographic exhibit.
She said she was very disappointed
that the council had not adopted Resolution 505, the Johanson Group job and
salary study, and hoped it could be done at the next meeting.
Mr. Ott moved to adjourn at 9:45
p.m. Ms. Money seconded. All voted aye. Motion passed 6/0/0
This is the signature page for the
minutes of the Oct. 25, 2004, regular City Council meeting.
___________________________________
Mayor
Kathy Harrison
__________________________________
City Clerk Mary Jean Sell
City
Council 10/25/04 6