CITY COUNCIL
REGULAR
MEETING
Mayor Kathy Harrison called the
regular meeting of the City Council to order at 6:12 p.m. Monday, Nov. 8, in
the jury room of the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch” Berry, Aaron Falotico, Karen Lindblad, Gayle Money,
Bill Ott and Earl “Bud” Umland, City Attorney Tim Weaver, City Advertising and
Promotion Commission (CAPC) Marketing Director Lynn Berry, 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. Falotico seconded.
Ms. Money asked to add discussion of
an ordinance dealing with downtown trolley stops to the end of New Business.
Mayor Harrison said she wanted to
add Ordinance 1977, the adoption of the mid-year budget, to the agenda. She
said attorney Matt Bishop has requested New Business Item #4, appeal concerning
denial of a CUP at 46 Hillside, be deferred to the Dec. 13 meeting.
Mr. Ott said Public Works Director
Robert Forrest has asked to postpone Old Business Item #2, discussion of Ordinance
1971, regarding Corley St., and New Business Item #6, regarding the retaining
wall board of appeals. He then moved to defer both items to the Nov. 22
meeting. Mr. Umland seconded.
Ms. Money asked to add the minutes
of Oct. 4 for consideration for approval.
Ms. Money moved to approve the
agenda as amended. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
APPROVAL OF THE MINUTES: September 27, October 4, October 12 and October 25, 2004
Ms. Sell said she did not have the
minutes of Sept. 27 prepared.
Ms. Money moved to approve the
minutes of Oct. 4 as presented. Mr. Falotico seconded. All voted aye. Motion
passed 6/0/0
Ms. Money moved to approve the
minutes of Oct. 12 as presented. Mr. Falotico seconded. All voted aye. Motion
passed 6/0/0
Ms. Money moved to approve the
minutes of Oct. 25 as presented. Mr. Falotico seconded. All voted aye. Motion
passed 6/0/0
EXECUTIVE SESSION:
Ms. Money moved to go into executive
session to discuss a personnel issue at 6:23 p.m. Mr. Falotico seconded. All voted
aye. Motion passed 6/0/0
City
Council 11/8/04 1
Council returned to open session at
7:20 p.m.
Mr. Ott moved to confirm the Mayor’s
decision to terminate Finance Director Ileene Kelly. 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 – vote –
Robert Murphy, Jack Moyer.
Mr. Falotico moved to accept the
nomination of Mr. Murphy. Ms. Money seconded.
Mr. Ott read aloud a memo from Mr.
Moyer withdrawing his name from consideration.
On the motion to accept Mr. Murphy,
all voted aye. Motion passed 6/0/0
COMMITTEE REPORTS:
Deer Committee – Berry, Ott and Lindblad
Mr. Ott said the city has a
challenge to come to a consensus of how to handle the over population of deer.
He suggested using an ordinance from Crystal Falls, Mich., as a model for
preparing an ordinance for Eureka Springs. The ordinance prohibits the feeding
of deer.
Ms. Money said she was against any
ordinance of that type. She said enforcement would be a huge problem and it
would turn neighbor against neighbor.
Ms. Lindblad suggested an education
program for the citizens about fencing and types of plants deer would not eat.
Ms. Money said she is opposed to
being told what to plant in her yard.
Mr. Berry said that until four years
ago it was legal to hunt deer inside the city limits and he believed that held
the deer population down. He thought an organized hunt might be the best way to
solve the problem.
(City residents voted down an
organized bow and arrow deer hunt in the general election of November 2000.)
Mr. Ott said he would prepare an
ordinance for consideration for the Nov. 22 meeting.
OLD BUSINESS:
1.
Adoption of Resolution #505 – The Johanson Group Job Evaluation and Salary
Program.
Mr. Berry presented a revised
resolution for consideration, which simply accepted the Johanson Study without
endorsing recommendations within the study. He moved to read the resolution,
Ms. Money seconded. All voted aye. Motion passed 6/0/0 Mr. Berry read the
resolution aloud.
2.
Discussion of recommendations from the Main Street Merchants.
Mayor Harrison said she and Mr.
Umland had met with the merchants and discussed the parking problems and other
issues connected with the Sunday Market.
Mr. Umland said he was working on
the parking problem and hoped to have a workable solution at the Nov. 22
meeting.
City Council 11/8/04 2
NEW BUSINESS:
1.
Discussion of Ordinance #1920 – Amended-
Special events and workshop recommendations
Mr. Ott suggested phrases reading
“office of the mayor” should also include “or city clerk.” He also noted the
ordinance will have to have a new number if such phrases are changed.
Ms. Money suggested that for
consistency, if the mayor can issue permits then only the mayor could deny
them.
Mr. Ott moved to place Ordinance
#1978 on its first reading. Ms. Money seconded. All voted aye. Motion passed
6/0/0
Mayor Harrison read the ordinance aloud.
Mr. Ott moved to approve Ordinance
#1978 on its first reading. Ms. Money seconded. All voted aye. Motion passed
6/0/0
2.
Discussion of Ordinance #1973 – to include Historic District Commission
recommendations in the Municipal Code. (1st reading)
Mr. Ott moved to place Ordinance
1973 on its first reading, Mr. Berry seconded. All voted aye. Motion passed
6/0/0
Mayor Harrison read the ordinance
aloud.
Mr. Ott moved to approve Ordinance
#1973 on its first reading. Ms. Lindblad seconded.
Mr. Ott moved to change the
effective date of the ordinance, as contained in the body of the ordinance, to
the date of passage. Ms. Money seconded.
Ms. Money moved to table the
ordinance and to send it back to the HDC for clarification of slab surfaces,
addition of aggregate “concrete,” consideration of Americans with Disabilities
Act (ADA) regulations and effective date of the ordinance. Mr. Ott seconded.
Five voted aye, Ms. Lindblad voted nay. Motion passed 5/1/0
3.
Discussion of Ordinance to replace existing “Green Zone” Ordinance #1628.
Mr. Ott moved to defer to the Dec.
13 regular meeting. Mr. Falotico seconded. All voted aye. Motion passed 6/0/0
4.
Discussion of Ordinance #1972 – Noise Ordinance
Ms. Money moved to place Ordinance
1972 on its first reading. Mr. Umland seconded. All voted aye. Motion passed
6/0/0
Ms. Sell read the ordinance aloud.
Mr. Umland moved to approve
Ordinance 1972 on its first reading. Ms. Money seconded. All voted aye. Motion
passed 6/0/0
Ms. Money moved to amend the
ordinance to include the words “city clerk” in phrases referring to the “mayor”
or “office of the mayor.” Mr. Umland seconded. All voted aye. Motion passed
6/0/0
The Council took a recess at 8:50
p.m. and resumed at 9 p.m.
City Council 11/8/04 3
5.
Discussion of repealing Ordinance #1897, an ordinance establishing the duties
and salary of the City Clerk-Treasurer.
Mr. Umland moved to place Ordinance 1976 on its first reading. Ms. Lindblad seconded.
Ms. Money said the new ordinance
should specifically say it is amending Ordinance 1897. Mr. Umland moved to
amend the ordinance to include that wording. Ms. Money seconded. Five voted
aye, Mr. Berry voted nay. Motion passed 5/1/0
Mr. Berry moved to table the
ordinance so it could be rewritten in a proper form and to give it to the new
council after the first of the year. Mr. Ott seconded.
After some discussion, Mr. Berry
moved to table the ordinance to the next meeting. After additional discussion,
Mr. Ott seconded.
Ms. Money wanted to know where the
proposed salary of $28,000 came from. Mayor Harrison said the last full-time
clerk was making $24,000. That was two years ago. She said the increase is
reasonable.
Mayor Harrison said she would ask
the Johansons for information regarding salary ranges for city clerk-treasurers
in other communities.
On the motion to defer, the vote
split 3 to 3 with Ms. Lindblad, Mr. Umland and Mr. Falotico in favor; Mr.
Berry, Mr. Ott and Ms. Money opposed. Mayor Harrison voted to not defer the
ordinance. Motion was defeated 3/4/0
Mayor Harrison read the ordinance
aloud.
Mr. Falotico moved to have the position begin Jan.
1, 2005. Ms. Lindblad seconded. The vote split 3 to 3 with Ms. Lindblad, Mr.
Umland and Mr. Falotico in favor; Mr. Berry, Mr. Ott and Ms. Money opposed.
Mayor Harrison voted aye. Motion passed
4/3/0
Mr. Umland moved to approve Ordinance 1976 on its
first reading. Ms. Lindblad seconded. The vote split 3 to 3 with Ms. Lindblad,
Mr. Umland and Mr. Falotico in favor; Mr. Berry, Mr. Ott and Ms. Money opposed.
Mayor Harrison voted aye. Motion passed
4/3/0
6.
Discussion of Ordinance #1948 – Recommendations from the CAPC Commission for
amending the ordinance.
Mr. Ott moved to defer the
discussion, then rescinded his motion.
CAPC Marketing Director Lynn Berry said the commission wants all references to business licenses removed from the ordinance. They do not want the A&P permits tied to business licenses in any way.
Mr. Ott moved to have an ordinance drafted amending Ordinance 1948. Motion died for lack of a second.
Ms. Money wanted Ms. Berry and Mr. Weaver to get together to work out amendments to the ordinance. Ms. Money moved to defer further discussion until Nov. 22. Mr. Ott seconded.
After more discussion, Mr. Umland called for the question to stop discussion. Mr. Ott seconded. By roll call, five voted aye, Ms. Lindblad opposed. Motion passed 5/1/0
On the motion to defer discussion, five voted aye, Ms. Lindblad opposed. Motion passed 5/1/0
City Council 11/8/04 4
7.
Discussion of Ordinance 1979 regarding downtown trolley stops.
Ms. Money moved to table the discussion and to put the ordinance on the Nov, 22 agenda at the beginning of New Business. Mr. Falotico seconded. All voted aye. Motion passed 6/0/0
8.
Discussion regarding amendments to 2004 city budget.
Mr. Berry moved to have the amendments read aloud. Mr. Ott and Mr. Umland seconded. Four voted aye, Ms. Money and Mr. Falotico voted against. Motion passed 4/2/0
Ms. Money and Mr. Falotico wanted to see specific figures related to the changes.
Ms. Money moved to defer the discussion. Mr. Berry seconded. All voted aye. Motion passed 6/0/0
Mayor Harrison said she has started 2005 budget discussions with department heads and would be having meetings with them starting at 6 p.m. Monday, Nov. 16.
COUNCIL COMMENTS
Mr. Falotico said he has talked with Mr. Weaver about how the owner of the Copa Cabana Club can gain reimbursement for alleged damages but he has not followed through in talking with Ms. Braswell. He also asked citizens to not wait until the day of the council meeting to call him with questions and concerns, but to please call further ahead of time.
Mr. Ott announced the coming Eureka Theater Company production of “The Gifts of the Magi.”
Mr. Berry thanked Mr. Murphy and Mr. Moyer for volunteering to take on CAPC duties.
Ms. Lindblad congratulated Rick Rojek (her opponent in the recent city election) on his election to the council. She said she hoped his experience “could be as rich as mine has been.” She handed out some research information on tax collections in other communities with large tourist business.
MAYOR’S COMMENTS:
Mayor Harrison congratulated Transit Director Lamont Richie on his election to the Arkansas Transit Association state board of directors.
She thanked council members-elect for attending the meeting.
ADJOURNMENT
Mr. Ott moved to adjourn at 10:13 p.m. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
This is the signature page for the City Council minutes of Nov. 8, 2004.
__________________________________
Mayor Kathy Harrison
_________________________________
City Clerk Mary Jean Sell
City Council 11/8/04 5