CITY COUNCIL
REGULAR
MEETING MONDAY SEPTEMBER 8, 2003
Mayor Kathy Harrison called the regular meeting of
the City Council to order at 6 p.m. Monday, Sept. 8, 2003, 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, Earl “Bud” Umland, City Attorney Tim Weaver, Finance Director Diane
Murphy, Public Works Director Kirby Murray, Economic Development Coordinator
Glenna Booth, Kim Dickens and City Clerk Mary Jean Sell.
PLEDGE OF ALLEGIANCE TO THE
FLAG:
Mayor Harrison led the Pledge of
Allegiance.
APPROVAL OF AGENDA:
Mr. Ott asked that New Business Item
#5, regarding deer challenges in the city, be postponed until the meeting of
Sept. 22
Ms. Money asked that New Business
Item #5, regarding Ordinance 1918, regulating animal drawn vehicles, be
postponed until Sept. 22
Mayor Harrison added a new Item #5
under New Business, a discussion of the writ of mandamus.
Ms. Carroll asked for a discussion
of office space arrangements for Kim Dickens. Ms. Lindblad moved to add this
discussion to the agenda for the sewer project workshop already scheduled for 6
p.m. Tuesday, Sept. 9. Mr. Umland seconded the motion. Mr. Ott, Ms. Lindblad,
Mr. Umland voted in favor. Ms. Money, Mr. Berry, Ms. Carroll voted against.
Mayor Harrison voted aye to add the topic to the workshop agenda. Motion passed
4/3/0.
Mr. Berry moved to set another budget
workshop and a workshop to develop a job description for Kim Dickens at 4 p.m.
Monday, Sept. 15 Mr. Ott seconded.
Ms. Money asked to add approval of
the minutes of the special council meeting Sept. 4 to the agenda.
Ms. Money moved to approve the agenda
as amended. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
Ms. Money moved to approve the
minutes of the regular council meeting Aug. 25 as presented. Ms. Lindblad
seconded. All voted aye. Motion passed 6/0/0
Ms. Money moved to approve the
minutes of the special council meeting Sept. 4. Ms. Carroll seconded. All voted
aye. Motion passed 6/0/0
Planning Commission – Position 2 – Expires
1/1/05
Hospital Commission - Position 1 – Expires 9/7/05
CAPC – Position 1 – Expires 6/30/05
Council 9/8/03 1
Mayor Harrison said she did not have any nominations for the CAPC but Kara White, manager of the New Orleans Hotel, had picked up an application form and was considering applying for the post.
Finance
Director Diane Murphy reported the city’s sales tax revenue received in
August, collected in July, continues to drop below projected levels. She said
the figures are within the 2003 budget, but care needs to be taken to maintain
the budget. She said state auditor Mark Marley has completed the annual audit
of the city’s books for 2002 and had no comments, other that some procedural
items.
CAPC
Interim Chairman Penny Carroll reported finalizing contract
arrangements with the new Executive Director LeRoy Gorrell.
Firefighter/EMS
Greg Motzko reported for Fire Chief David Stoppel. He said Stoppel is
waiting for finalization of the contract to start renovations of the fire
department building at 146 E. Van Buren.
Hospital
– Mayor Harrison said she hopes to have a written report from Administrator
David Cox soon.
ACE (Arkansas Community of Excellence) – Economic
Development Coordinator Glenna Booth reported seven Action Teams
involving approximately 100 volunteers are meeting regularly. Two new teams,
transportation and technology, are being organized. She has gone to Conway,
Ark., for a training session; to Helena to the CLG (Certified Local Government)
quarterly meeting (the Historic District Commission [HDC] participates in the
CLG program); and to a three-day state economic development meeting in
Fayetteville with Mayor Harrison.
UNFINISHED BUSINESS:
1.
Discussion regarding Ordinance 1923, an ordinance amending the 2003 adopted
budgets for the remaining six month period beginning July 1, 2003, and ending
December, 31, 2003. (2nd reading)
Ms. Money moved to suspend the rules
and place Ordinance 1923 on its second reading by title only. Mr. Berry
seconded. By roll call, all voted aye. Motion passed 6/0/0
Ms. Dickens read the ordinance title
aloud.
Ms. Money moved to approve Ordinance
1923 on its second reading by title only. Mr. Berry seconded. All voted aye.
Motion passed 6/0/0
2.
Discussion regarding Ordinance 1924, an ordinance to waive competitive bidding
the lights at Lake Leatherwood Sports Fields. (2nd reading)
Ms. Lindblad moved to postpone the
reading of the ordinance since she had not received requested information from
Parks Director Bruce Levine. The motion died for lack of a second.
Mr. Ott moved to postpone the
reading until later in the meeting to allow time for Mr. Levine to arrive from
Illinois. Ms. Lindblad seconded.
Mr. Ott moved to amend his motion to
make the reading of Ordinance 1924 the last item of business on the agenda. Ms.
Carroll seconded. Five voted aye. Ms. Lindblad voted against. Motion passed
5/1/0
Council
9/8/03 2
Mr. Levine arrived at approximately
7:25 p.m.
Ms. Carroll moved to suspend the
rules and to put Ordinance 1924 on its second reading by title only. Ms. Money
seconded. By roll call, five voted aye, Ms. Lindblad voted against. Motion
passed 5/1/0
Ms. Dickens read the title of the ordinance
aloud.
Ms. Money moved to approve Ordinance
1924 on its second reading. Ms. Carroll seconded.
Ms. Lindblad asked Mr. Levine
several questions. Because he had just completed a long automobile trip, he was
obviously very tired. He was not able to answer her questions.
On the motion to approve the
ordinance on its second reading, five voted aye, Ms. Lindblad voted against.
Motion passed 5/1/0
NEW BUSINESS:
1.
Discussion regarding Ordinance 1927, an ordinance to amend Section 62 of the
Eureka Springs Municipal Code regulating Historic Preservation. (1st
reading)
Mr. Berry moved to open discussion.
Mr. Umland seconded.
After brief discussion, Mr. Berry
moved for a workshop with the council, the HDC and North Little Rock City
Attorney Paul Suskie, author of the amendments. Ms. Money seconded. All voted
aye. Motion passed 6/0/0
Mayor Harrison said she would
contact Mr. Suskie and make arrangements for the workshop.
2.
Discussion regarding Ordinance 1926, an ordinance regulating the Office of City
Attorney. (1st reading)
Ms. Lindblad moved to put Ordinance
1926 on its first reading. Mr. Ott seconded. Four voted aye, Ms. Money and Mr.
Berry voted against. Motion passed 4/2/0
Ms. Dickens read the ordinance
aloud.
Ms. Lindblad moved to accept the ordinance.
Mr. Ott seconded. Mr. Ott and Ms. Lindblad voted aye, Ms. Money, Mr. Umland,
Ms. Carroll and Mr. Berry voted against. Motion failed 2/4/0
3.
Discussion regarding drafting an ordinance to amend Section 94 in the Eureka
Springs Municipal Code regulating sidewalks.
Mr. Berry moved to open the
discussion. Ms. Money seconded.
Mr. Berry, former chairman of the
Planning Commission, explained the ordinance amendment had been written by the
Planning Commission and had been reviewed and approved by the HDC. He said the
amendments would give property owners some flexibility in the choice of
materials for sidewalks.
Mr. Berry moved to have the
amendment into ordinance form for review at the Sept. 22 meeting. Ms. Money
seconded. All voted aye. Motion passed 6/0/0
Council 9/8/03 3
4.
Discussion regarding Ordinance 1830, an ordinance to regulate Landscape and
Screening in the City of Eureka Springs.
Mr. Berry moved to open discussion.
Mr. Ott seconded.
Mr. Berry explained the Planning Commission
had spent more than a year preparing the landscaping draft ordinance as a
standard for new construction and parking areas to reduce the amount of visible
parking by screening, as recommended in the city’s Vision Plan.
Mayor Harrison, a member of the
Planning Commission while the draft was being developed, suggested council
members read the draft, bring suggested revisions to the Sept. 22 council
meeting, and the draft could be sent back to the Planning Commission for
finalizing.
Ms. Money moved to adopt the
suggestion. Mr. Berry seconded. All voted aye. Motion passed 6/0/0
5.
Discussion of a writ of mandamus.
Council members had received copies of an opinion written by attorney Kent Crow of Berryville regarding a proposed writ of mandamus, with supporting documentation. (Copy attached to office copy of minutes)
Mr. Umland moved to table discussion
to give council members time to study the document. The motion died for lack of a second.
Mr. Berry moved to have Ms. Dickens
send the opinion to the Municipal League for comments. Ms. Carroll seconded.
Ms. Lindblad said she thought it was
improper for Ms. Dickens to handle the matter since she is specifically named
in the proposed writ. She moved to have the mayor send the request to the
Municipal League. The amendment died for lack of a second.
Ms. Money moved to call the question
to end the discussion. Five voted aye, Ms. Lindblad voted against. Motion
passed 5/1/0
On the motion to have the opinion
sent to the Municipal League, five voted aye, Ms. Lindblad voted against.
Motion passed 5/1/0
COUNCIL COMMENTS:
Ms. Lindblad said the Architectural Digest article on Eureka
Springs is in the October issue. Mayor Harrison held up the magazine to display
the article.
Ms. Lindblad asked that the tree
ordinance, prepared by the Planning Commission last year, be brought to the
council for the Sept. 22 meeting. Mr. Berry seconded the request for the agenda
item.
Mayor Harrison said she had a
request from the city’s fire marshal to put the International Fire Code on the
Sept. 22 agenda for all three readings with an emergency clause. The Fire Code
links to the International Building Code, which was adopted several months ago.
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9/8/03 4
Ms. Lindblad moved to adjourn at
7:55 p.m. Ms. Money seconded. All voted aye. Motion passed 6/0/0
This is the signature page for the
Sept. 8, 2003, regular City Council minutes.
_____________________________
Mayor
Kathy Harrison
_________________________________
City Clerk Mary Jean Sell
Council 9/8/03 5