CITY COUNCIL
Mayor Kathy Harrison called the
regular meeting of the City Council to order at
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch”
Mayor Harrison led the Pledge of
Allegiance to the Flag.
APPROVAL OF THE AGENDA:
Mr.
Mr.
Ms. Money asked to defer Old
Business Item #3, discussion of amending Section 86-4 of the Municipal Code
regarding banners and signs.
Ms. Money moved to approve the
agenda as amended. Ms. Lindblad seconded. Three voted in favor, Ms. Lindblad
voted against. Mayor Harrison voted aye to pass the motion. Motion passed
Ms. Money moved to approve the
minutes of June 14 as presented. Ms. Lindblad seconded. All voted aye. Motion
passed 4/0/0
Mr. Umland moved to approve the
minutes of June 28 as presented. Ms. Lindblad seconded. All voted aye. Motion
passed 4/0/0
COMMISSION, COMMITTEE,
AUTHORITY REPORTS AND VACANCIES:
Mayor Harrison said she would
nominate Patrick Brammer to Position 2 on the Historic District Commission,
term expiring
Planning Commission – Position 5 –
Expires
Planning Commission – Position 3 –
Expires
Parks and Recreation Commission –
Position 1 – Expires
City Council
COMMITTEE REPORTS:
Vision – Ott, Lindblad, Richie and Harrison
Mayor Harrison reported the group
had met July 8 and began discussion priority projects. She asked for a citizen
volunteer to meet with the group and for citizen suggestions of projects to be
accomplished short and long term within the city.
OLD BUSINESS:
4. Discussion of Ordinance #1961, an ordinance
regarding vacating a reserved right of way.
Ms. Money moved to place Ordinance
1961 on its first reading. Mr. Umland seconded.
Ms. Sell read the ordinance aloud.
Ms. Money moved to approve Ordinance
1961 on its first reading. Mr. Umland seconded.
Mr. Weaver explained there was no
price set on the land in the ordinance because the amount is to be set by the
council since the property is an undedicated right of way.
Ms. Lindblad said she is opposed to
the city vacating or selling any property. She prefers long leases.
Mr. Umland moved to amend the
ordinance to charge $10 for the land being vacated. Ms. Money seconded. Three
voted aye; Ms. Lindblad opposed. Mayor Harrison voted aye to pass the
amendment. Motion passed 4/1/0
On the motion to approve Ordinance
1961, as amended, three voted aye; Ms. Lindblad opposed. Mayor Harrison voted
aye to approve the first reading. Motion passed 4/1/0
Ms. Money moved to suspend the rules
and place Ordinance 1961 on its second reading by title only. Mr. Umland
seconded. By roll call, three voted aye, Ms. Lindblad opposed. Mayor Harrison
voted aye. Motion passed 4/1/0
Ms. Sell read the title aloud.
Ms. Money moved to approve the
second reading of Ordinance 1961 by title only. Mr. Umland seconded. Three
voted aye, Ms. Lindblad opposed. Mayor Harrison voted aye. Motion passed 4/1/0
Ms. Money moved to suspend the rules
and place Ordinance 1961 on its third reading by title only. Mr. Umland
seconded. By roll call, three voted aye, Ms. Lindblad opposed. Mayor Harrison
voted aye. Motion passed 4/1/0
Ms. Sell read the title aloud.
Ms. Money moved to approve the third
reading of Ordinance 1961 by title only. Mr. Umland seconded. Three voted aye,
Ms. Lindblad opposed. Mayor Harrison voted aye. Motion passed 4/1/0
Ms. Money moved to read the
emergency clause. Mr. Umland seconded.
Ms. Sell read the emergency clause
aloud.
City Council 7/12/04 2
1. Discussion of vacancy on City Council – Umland,
Lindblad
Mr. Umland explained he had agreed to delay this
discussion until the meeting of July 26, but several residents had called him
asking that the council go ahead with the discussion. He said he had been
contacted by a neighbor to the property where Ms. Carroll has moved in Ward 2,
leaving Ward 1.
Ms. Lindblad moved to recognize a vacancy on the
council. Mr. Umland seconded.
Ms. Money said she did not want to discuss the
matter, Ms. Carroll had promised documentation of her residence for the meeting
of the 26th, and she wanted to wait.
Ms. Lindblad said she had calls from citizens asking
the council to follow the law and to declare the vacancy as soon as a council
member moved out of the ward he or she had been elected to represent. Ms.
Lindblad said Ms. Carroll should have notified the council ahead of the move.
Mr. Berry said it was not fair to discuss Ms.
Carroll’s situation when she was not present to contradict statements made.
Mr. Weaver said the state statutes give no clear
guidelines to council members on how to determine if a vacancy exists, they
have to be satisfied in their own minds about the situation. The council can
vacate the seat or a private citizen can bring a lawsuit in circuit court. The
burden of proof of residency is Ms. Carroll’s.
Ms. Money moved to postpone the discussion to the
meeting of June 26 and to have it as the first item of business on the agenda.
Mr. Berry seconded.
Mr. Berry called for the question. Ms. Money
seconded. Mr. Berry and Ms. Money voted aye. Mr. Umland and Ms. Lindblad voted
nay. Motion failed 2/2/0
On the motion to postpone discussion until July 26,
Mr. Berry and Ms. Money voted aye. Mr. Umland and Ms. Lindblad voted nay.
Motion failed 2/2/0
On the motion to declare the vacancy, Mr. Berry
called for the question. Ms. Money seconded. Mr. Berry and Ms. Money voted aye.
Mr. Umland and Ms. Lindblad voted nay. Motion failed 2/2/0
Ms. Lindblad withdrew her motion.
Mr. Umland moved to hold a special meeting when Ms.
Carroll returns from her vacation and can produce documentation of her
residence. Ms. Lindblad seconded. Three voted aye. Mr. Berry voted nay. Mayor
Harrison voted aye to pass the motion. Motion passed 4/1/0
2.
Discussion of Ordinance #1962, an ordinance establishing voting by ward.
Mayor Harrison said she brought the ordinance to the
council for review with the intention of having a discussion during the meeting
of July 26.
Mr. Weaver said the council would need to act on the
ordinance during that meeting so candidates for the city council seats could
file appropriately before filing closed at noon Wednesday, Aug. 4
COUNCIL COMMENTS
Mr. Umland asked for suggestions for
new festivals and ideas about how to bring more people to town.
City Council 7/12/04 3
Ms. Lindblad urged everyone collecting
the CAPC tax to get a copy of the proposed ordinance regarding enforcement and
appeal procedures and to study it before the council begins discussions.
MAYOR’S COMMENTS
Mayor Harrison said she had
the pleasure of attending the North American premier performance of The House of the Sun at the Walton Arts
Center in Fayetteville, produced by Inspiration Point Fine Arts Colony Opera in
the Ozarks. She commended General Director Jim Swiggart, his staff and students
for their efforts.
She also welcomed members of the
Arkansas Rural Educators Association (AREA) for their annual meeting.
Ms. Money moved to adjourn at 7:17
p.m. Ms. Lindblad and Mr. Umland seconded. All voted aye. Motion passed 4/0/0
This is the signature page for the regular
City Council meeting minutes for July 12, 2004.
____________________________________
Mayor
Kathy Harrison
___________________________________
City Clerk Mary Jean Sell
City Council 7/12/04 4