CITY COUNCIL
Mayor Kathy Harrison called the
regular City Council meeting to order at 6:07 p.m. Monday, July 26, in the jury
room of the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch” Berry, Penny Carroll, Karen Lindblad, Gayle Money, Bill
Ott and Earl “Bud” Umland, City Attorney Tim Weaver, City Advertising and
Promotion Commission (CAPC) Executive Director LeRoy Gorrell, Marketing
Director Lynn Berry, CAPC Chairman Steve Roberson, CAPC Commissioner Bryan
Sumpter, mayor’s assistant Brenda Spencer and City Clerk Mary Jean Sell.
Mayor Harrison led the Pledge of
Allegiance to the American Flag
Ms. Money moved to approve the
agenda. Ms. Lindblad seconded.
Ms. Lindblad moved to remove the
discussion of Ordinance 1959, regarding procedures for non-payment of the CAPC
tax, from Old Business and set a public hearing on the ordinance. Mr. Umland
seconded.
Mr. Roberson urged the Council to go
forward with the approval of the ordinance as quickly as possible. He said it
is copied from the Hot Springs ordinance, modified to fit Eureka Springs, and
it has stood up under court tests. The CAPC has tweaked it and it is ready.
There was some additional
discussion.
On the motion, Ms. Lindblad and Mr.
Umland voted aye; Mr. Berry, Ms. Carroll, Mr. Ott and Ms. Money voted nay.
Motion failed 4/2/0
Mayor Harrison asked for two
executive sessions, one to confirm the hiring of Ileene Kelly as accounts
supervisor and one to confirm the dismissal of Building Official Randy Mills.
She called for the vote on the
agenda as amended. All voted aye. Motion passed 6/0/0
Ms. Money moved to approve the
minutes of July 12 as presented. Mr. Umland seconded. All voted aye. Motion
passed 6/0/0
Mayor Harrison nominated Patrick
Brammer for the Planning Commission Position 3, term expires 7/1/05.
She nominated John Brammer for
Position 2 on the Historic District Commission, term expires 3/7/05
City Council 7/26/04 1
She said she has two applications
for Position 1, expires 5/31/07, on the Parks and Recreation Commission.
Planning Commission – Position 5 – Expires 1/1/07
COMMITTEE REPORTS:
Vision
– Ott, Lindblad, Richie and Harrison
Mr. Ott gave a brief report on the
work to prioritize lists of city needs from members. The next meeting is at 6
p.m. Monday, Aug. 2.
OLD BUSINESS:
1. Discussion of Rules of Order - Ott, Berry
Mr. Ott moved to add the rule that each council
member could only speak twice to any issue. Ms. Carroll seconded.
After discussion, Mr. Ott moved to amend his motion
to return to using Robert’s Rules of
Order. Ms. Lindblad seconded. Five vote aye, Ms. Money voted against.
Motion passed 5/1/0
Mr. Ott moved to go into executive session on the
arrival of Police Chief Earl Hyatt at 6:35 p.m. Mr. Berry seconded. All voted
aye. Motion passed 6/0/0
The Council returned to open session at 7:08 p.m.
Mayor Harrison said the Council had accepted the resignation of the Building
Official.
Mr. Ott moved to accept, by unanimous consent, the hiring of Ms. Kelly. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
2.
Discussion of Ordinance #1959, an ordinance for procedure for non-payment of
CAPC tax – LeRoy Gorrell.
Ms. Money moved to place Ordinance 1959 on its first
reading. Mr. Ott seconded.
Ms. Lindblad said she had problems with the
ordinance in the appeals process. Mr. Ott asked to save discussion of the
ordinance until after its first reading. He called for the question. Ms.
Carroll seconded. Five voted aye, Ms. Lindblad voted against. Motion passed
5/1/0
On the motion to read the ordinance, five voted aye,
Ms. Lindblad voted against. Motion passed 5/1/0
Mayor Harrison, all of the council members and Ms.
Sell read portions of the ordinance aloud.
Mr. Ott moved to approve Ordinance 1959 on its first
reading. Ms. Money seconded.
Mr. Umland asked who would be designated to review
non-payers books. Mr. Roberson said, in his opinion, it would be an outside CPA
firm. The firm would review the books then issue a report to the CAPC. With
that method, the working papers of the CPA firm would remain confidential and
only the report would be subject to FOIA (Freedom of Information Act).
Ms. Lindblad wanted that language included in the
ordinance. She also wanted an appeals board included, rather than putting the
burden on the CAPC director or one designee.
City
Council 7/26/04 2
Ms. Money wanted to hold a public hearing on the
ordinance at 5 p.m. Monday, Aug. 9, prior to the regular meeting at 6 p.m.
Ms. Money called the question to stop discussion.
Mr. Ott seconded. Five voted aye, Ms. Lindblad voted against. Motion passed
5/1/0
On the motion to approve Ordinance 1959 on its first
reading, five voted aye, Ms. Lindblad voted against. Motion passed 5/1/0
Ms. Money moved to begin at 5 p.m. Monday, Aug. 9,
to hear comments from the public on the ordinance. Mr. Ott seconded. Five voted
aye, Ms. Lindblad voted against. Motion passed 5/1/0
Ms. Carroll moved to have an emergency clause
prepared so the ordinance could be read the second and third times Aug. 9 and
approved to go into effect immediately. Ms. Money seconded. Four voted aye. Mr.
Umland and Ms. Ms. Lindblad voted against. Motion passed 4/2/0
3. Discussion of ordinance amending 86-4 of the Municipal Code regarding banners and signs.
Ms. Money said the ordinance is not ready for
presentation.
Mr. Ott moved to suspend the rules and defer New
Business Item #4, discussion of new sign ordinance, to the next council meeting
or the one after. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
There was a brief discussion of new state statutes
regarding signage, particularly billboards, which need to be incorporated into
the proposed sign ordinance. Mr. Berry said the proposed ordinance should be
returned to the Planning Commission to be updated.
Mr. Ott moved to defer consideration of the new sign
ordinance and to return it to the Planning Commission for review. Mr. Berry
seconded. All voted aye. Motion passed 6/0/0
4.
Discussion of Ordinance 1942, amending Chapters 114-4(c)(6) and 70-4 of the
Municipal Code, regarding manufactured homes. (3rd reading) – Berry
Ms. Sell said the Planning Commission is still
trying to determine which zoning districts to place manufactured homes, will be
recommending the rezoning of properties with existing multi-family complexes to
R-3, and has discussed the possible use of conditional use permits (CUP) or
establishing a new zoning district, R-4, for manufactured homes. They do
recommend the removal of the A, agriculture, zones from Ordinance 1942.
Mr. Weaver said a CUP in R-2 or R-3 areas would not
meet the state requirements. Locations for an R-4 district would still have to
be designated.
Mr. Berry said he had suggested placement with
conditions or guidelines.
Mr. Ott moved to defer Ordinance 1942 until a
recommendation comes from the Planning Commission. Mr. Berry seconded. All
voted aye. Motion passed 6/0/0
The Council took a break from 8:26 to 8:38 p.m.
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1. Discussion of vacancy on City Council – Umland,
Lindblad
Ms. Carroll read a short prepared statement saying
she is a resident of Ward 1. She had to move out temporarily because the house
she was renting had been sold. She has a home in Ward 1 where she plans to live
after renters have vacated and the place has been cleaned. She showed a copy of
a six-month lease of 27 Paxos, also in Ward 1, where she said she was now
living. She said she is storing her furniture and other things in a house on
Eureka St. leased to John Foley, her business partner and the person with whom
she has a committed relationship.
She provided copies of her voter registration card
showing her address as 22 Emporia, tax records and a mortgage record for that
property. She said it is her intention to reside at 22 Emporia.
There was almost an hour of discussion. Council
members asked questions to determine the timeline of Ms. Carroll’s activities.
Mr. Umland said several times he felt she was being evasive and untruthful in
her answers.
Ms. Lindblad said she wanted it recorded that the
lease with Marcia Yearsley for 27 Paxos had been signed June 25.
Ms. Lindblad moved to recognize the vacancy in Ward
1. Mr. Umland seconded.
After additional discussion, Ms. Lindblad called for
the question to stop the discussion. Mr. Umland seconded. Four voted aye, Ms.
Money and Ms. Carroll voted against. Motion passed 4/2/0
On the motion to recognize the vacancy, Mr. Ott
moved for a roll call vote. Mr. Umland seconded. All voted aye.
By roll call, voting yes were Ms. Lindblad, Mr.
Umland and Ms. Money. Voting no were Ms. Carroll, Mr. Berry and Mr. Ott. Mayor
Harrison voted aye to pass the motion 4/3/0.
Ms. Carroll left the table at 9:35 p.m.
2. Discussion of Ordinance #1962, an ordinance
establishing voting by ward.
Ms. Money moved to put Ordinance 1962 on its first
reading. Ms. Lindblad seconded. All voted aye. Motion passed 5/0/0
Mayor Harrison read the ordinance aloud.
Ms. Money moved to approve Ordinance 1962 on its
first reading. Mr. Umland seconded.
Mayor Harrison said Carroll County Clerk Shirley
Doss said approximately 300 persons are registered to vote in each of the
city’s three wards. Election Commission Chairman Levi Phillips has said that,
based on the 2000 census, the Eureka wards have not changed significantly and
could remain as they are.
Mr. Ott asked to have Mr. Phillips send a certified
letter to that effect. Mayor Harrison said she would request it.
Mr. Ott moved to table discussion pending receipt of
an opinion about the wards from the legal body in charge. Mr. Umland seconded.
All voted aye. Motion passed 5/0/0
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3. Discussion to establish a Board of Appeals regarding
retaining walls – Berry.
Mr. Ott moved to have the council direct the city
attorney to work with Mr. Berry to draft and amend Ordinance 1956 regarding
retaining walls. Ms. Money seconded. All voted aye. Motion passed 5/0/0
4. Discussion on drafting an ordinance to revise downtown trolley stop – Umland, Ott
Mr. Ott moved to have an ordinance drawn to remove
trolley stop #83 at 99 Spring St. and to designate #84 at 127 Spring St. as the
last downtown stop. Mr. Umland seconded. All voted aye. Motion passed 5/0/0
5. Discussion of noise ordinance.
Ms. Lindblad asked that the discussion be deferred
to the next meeting.
Mayor Harrison proposed reviewing Ordinance 1914
written by Police Chief Earl Hyatt. The ordinance was never voted on. Mr. Ott
seconded. All voted aye. Motion passed 5/0/0
Ms. Lindblad said the movie Sunday,
July 25, was cancelled because of possible thunderstorms. “Pirates of the
Caribbean” will be shown Sept. 19 as the final movie for the Lucky 13 Starlight
Cinema this season.
She said she wanted to put the
proposed ordinance regarding persons sleeping in the city parks on the Aug. 9
agenda.
She reminded council members that
matters discussed during executive sessions should not be discussed in public.
She said there is a council member who does discuss the matters in public. She
said that could result in a lawsuit and she does not want that to happen. She
said council members could be sued as council members and as individuals
without the city attorney’s services or protection.
Ms. Money moved to adjourn at 10:04
p.m. Mr. Umland seconded. All voted aye. Motion passed 5/0/0
This is the signature page for the
City Council minutes of July 26, 2004.
__________________________________
Mayor
Kathy Harrison
____________________________________
City Clerk Mary Jean Sell City
Council 7/26/04 5