CITY COUNCIL
REGULAR
MEETING
MONDAY JULY 14, 2003
Mayor Kathy Harrison called the regular City Council meeting to order at 5:35 p.m. Monday, July 14, 2003, in the jury room of the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch” Berry, Penny Carroll, Gayle Money, Karen Lindblad
(arrived at 5:42 p.m.), Bill Ott, Earl “Bud” Umland, City Administrative
Assistant Kim Dickens, City Clerk Mary Jean Sell.
PLEDGE OF ALLEGIANCE: Mayor Harrison led the
Pledge of Allegiance.
APPROVAL OF AGENDA:
Ms. Money moved to approve the
agenda as presented. Mr. Berry seconded. All voted aye. Motion passed 6/0/0
APPROVAL OF THE MINUTES May 12, 2003,
May 28, 2003, June 9, 2003
Ms. Money moved to postpone the reading of the May 12, 2003, minutes
until they have been received.
Ms. Money moved to approve the May
28, 2003, minutes. Ms. Carroll seconded. Ms. Money had a correction to the
minutes and vote regarding item #1 under unfinished business, the reading of
Ordinance 1915, and the formation of the ad hoc committee.
She
moved to postpone the approval of the May 28 minutes until the next meeting.
Mr. Umland seconded. All voted aye. Motion passed 6/0/0
Ms. Money moved to approve the
minutes of June 9, 2003, as presented. Mr. Umland seconded. All voted aye.
Motion passed 6/0/0
Ms. Money moved to approve the
minutes of June 23. Mr. Umland seconded.
Ms.
Money noted her name had been left out of those present at the meeting and the
public forum had started at 6:50 not 6:60 p.m. as indicated in the minutes. Ms.
Money moved to approve the minutes as amended. Ms. Carroll seconded. All voted
aye. Motion passed 6/0/0
COMMISSION, COMMITTEE, AND AUTHORITY REPORTS AND VACANCIES
Parks Commission – Position 1 –
Expires 5/31/07 Mayor Harrison
nominated Jerry Martin.
Planning Commission – Position 3 –
Expires 67/1/05 Mayor Harrison nominated
John Brammer
CAPC – Position 3 – Expires
6/30/03 Mayor Harrison said she wanted
to wait to nominate someone for this position pending the discussion on the
make up of the commission to follow during the meeting and its resolution.
CAPC Council Position – Mayor
Harrison said Alderman Bill Ott and Bud Umland had put their names on the table
for consideration. She said the vote would be in two weeks, during the July 24
council meeting.
Hospital Commission – Position 1 –
Expires 9/7/05
DEPARTMENT HEAD COMMENTS: There were none.
CITY ADMINISTRATIVE ASSISTANT’S REPORT:
Ms. Dickens reminded council members
of the budget workshop scheduled for 3 p.m. Monday, July 21.
UNFINISHED BUSINESS:
1.
Discussion regarding
Ordinance 1918, an ordinance concerning animal
drawn vehicles.
Ms. Money moved to postpone discussion until the ordinance was ready.
Mr. Berry seconded. All voted aye. Motion passed 6/0/0
2.
Discussion regarding Ordinance 1919, an ordinance re-zoning 17 Pivot Rock road
from R-2 Contemporary Residential to R-3 Multiple Family Residential (3rd
reading)
Ms. Money moved to suspend the rules
and place Ordinance 1919 on its third reading by title only. Mr. Umland
seconded. By roll call vote, five voted aye, Ms. Lindblad voted nay.
Ms. Dickens read the ordinance
aloud.
Ms. Money moved to approve Ordinance
1919 on its third reading. Mr. Umland seconded. Five voted aye, Ms. Lindblad
voted nay.
2. Discussion regarding Ordinance 1920, an ordinance
regulating special
events.
City Film Commissioner Cindy Akins suggested that
film projects be included in the ordinance. She wanted film crews to be
included in the notification process so the city could provide security and
other assistance.
Ms. Money moved to have information suggested by
Akins included in the proposed ordinance. Mr. Umland seconded.
Mr. Ott said the ordinance needs an appeals process.
Ms. Lindblad said the ordinance needs to address
penalties. Mayor Harrison said those were covered in the Municipal Code under
misdemeanor offenses with fines from $25 to $500.
Bill King, publisher of The Lovely County Citizen, suggested exclusions for demonstrations,
saying constitutional issues might be raised regarding freedom to assemble.
Mr. Berry said aldermen should voice their concerns
and they would be recorded and sent to the city’s attorney for review and
inclusion into the ordinance.
All voted aye. Motion passed 6/0/0
NEW BUSINESS:
Ms. Money moved to move new business
item #2, discussion regarding lease agreement for 5 Ojo, to item #1. Mr. Umland
seconded. All voted aye. Motion passed 6/0/0
1. Discussion regarding the lease agreement for 5 Ojo.
Ms. Dickens said attorney Wade Williams has brought
the matter forward with a recommendation from the Parks and Recreation
Commission. She had met with Parks Director Bruce Levine, former Parks Director
Susan Lourne, Mayor Harrison and Williams to discuss the issue.
The problem occurs within the street platted as Palo
Alto, near its intersection with Ojo. The street was never developed or opened.
In 1932, the city agreed to a 99-year lease of a strip 10 feet wide to the
owner of 5 Ojo. A garage was constructed at the edge of the property, extending
more than 10 feet into and through the leased area. The building is now a
rental unit for 5 Ojo Inn, a bed and breakfast.
The Parks Commission has approved and is
recommending approval to the council, of a correction to the lease showing the
area around the building, approximately 2 feet wide, to be included in the
lease, which run to 2030.
Ms. Money moved to amend the description of the
lease agreement for 5 Ojo in the County Clerk’s Book 46 Page 422, allowing a
2-foot wide area around the existing structure to be included in the
description, subject to receipt and review of legal description. Ms. Carroll seconded. All voted aye. Motion
passed 6/0/0
Ms. Money moved to amend the agenda and move new
business item #3, discussing regarding a parking request from St. Elizabeth
Church, to become item #2.
Ms.
Carroll seconded. All voted aye. Motion passed 6/0/0.
2. Discussion regarding a parking request from St.
Elizabeth Church.
Public Works Director Kirby Murray explained a
representative of the church had requested the installation of signage
reserving the parking spaces between the Crescent Hotel property and the
church, alongside Crescent Grade, from 3 to 6 p.m. Saturdays for church members
only. There are approximately 20 “head-in” spaces against the stone wall of the
hotel property and five or six parallel parking alongside the church’s wall.
Mayor Harrison said this would be the same type of
situation in reserving public parking as has been done for the Presbyterian
Church on Spring St. and St. James on Prospect St.
Ms. Lindblad said she was concerned how public
parking could be reserved for private use.
Ms. Money and Mr. Umland supported the proposal.
Mr. Ott asked if possibly the other businesses in
the area might be affected by reserving the parking and whether or not vehicles
already in the parking places at 3 p.m. might be towed to make room for church
members’ vehicles.
Clerk Sell asked if there were surveys of the
properties, saying the former owners of the Crescent had created the head-in
spaces by digging out part of the hillside and putting up the stone retaining
walls.
Murray said it didn’t matter who owned the property,
the area had been used as a public thoroughfare for so long it was a public
street.
Ms. Money moved to approve the request for reserved
parking from 3 to 6 p.m. on Saturdays. Ms. Carroll seconded.
Ms. Lindblad moved to table for further research.
Mr. Ott seconded. By roll call, Mr. Berry, Mr. Ott and Ms. Lindblad voted aye.
Mr. Umland, Ms. Money and Ms. Carroll voted nay. Mayor Harrison voted aye to
table to give time for research and additional discussion.
3. Discussion regarding creating an ordinance to allow the tourism industry positions on the City Advertising and Promotion Commission (CAPC) to live outside the City Limits. (Umland/Money)
Ms. Money moved create an ordinance reflecting the
state statute 26-75-605 regarding the Advertising and Promotion Commission. Mr.
Umland seconded.
The state statute referred to says, in part: (1)
Four (4) members shall be owners or managers of businesses in the tourism
industry, and the owner or manager shall reside in the levying city or, if the
governing body of the city provides for by ordinance,…may reside outside the
city but within the county in which the city is located,…(2) Two (2) members of
the commission shall be members of the governing body and selected by the
governing body…and One (1) member shall be from the public at large.
The Municipal Code, as adopted, reflects state
statute 26-75-705, known as the Eureka Springs statute, setting the CAPC
membership at four owners or managers of businesses in the tourism industry,
one each from hotel, motels, restaurants and gift shops, two members of the
city council and the mayor.
There was lengthy discussion on the proposal.
Ms. Money moved to amend her motion to allow owners
or managers reside outside the city but inside the county. Mr. Umland seconded.
There was additional discussion.
Ms. Lindblad moved to table the
proposal for further discussion before sending it to an attorney. There was no
second to the motion to table.
Mr. Ott called the question on Ms.
Money’s amendment. Ms. Money seconded. By roll call, four voted aye, Ms.
Carroll and Ms. Lindblad voted nay.
On the original amended motion, five
voted aye, Ms. Lindblad voted nay.
COUNCIL COMMENTS:
Mr. Umland said he hoped council
members would vote for adopting the changed in the CAPC membership as a way to
open a pool of knowledge available to the city. He asked that the city attorney
review the proposed CAPC ordinance when it arrives.
Mr. Ott welcomed members of the
Arkansas Society of the Association of Executives to town.
Ms. Carroll thanked Parks Director
Bruce Levine, commissioners and parks employees for a fantastic Fourth of July
event at Lake Leatherwood City Park.
Ms. Lindblad there was a mistake in
Ordinance 1919, locating the property in Benton County. Ms. Dickens said that
had been corrected.
Ms. Lindblad asked that an amendment to Municipal
Code Chapter 62 for the Historic District Commission (HDC) be placed in the
July 28 meeting agenda. Ms. Money joined in the request.
Ms. Lindblad asked if the work on the $265,000
promissory note to match the Save America’s Treasures grant had been completed.
Ms. Dickens said the closing had not been done. Copies of the agreement are in
her office, if anyone wants to read them.
Ms. Lindblad asked that the meeting agendas not be
amended after the meetings had started. She said it was inconvenient for those
who might want to discuss matters posted as being further down on the agenda
that might not arrive at the meeting in time if items were moved around.
MAYOR’S COMMENTS:
Mayor Harrison said a writer for
Architectural Digest magazine will be in town for two days gathering
information to go with photographs taken last fall for an article.
She reminded everyone of the first
town meeting at 7 p.m. Tuesday, July 22, at the Inn of the Ozarks Convention
Center for the ACE (Arkansas Community of Excellence) project.
She said Governor Mike Huckabee
would be at The Great Passion Play on Friday, July 18, to greet the 7 millionth
visitor to the play.
Mr. Ott moved to adjourn at 7:10
p.m. Ms. Money seconded. All voted aye. Motion passed 6/0/0
This is the signature page for the
July 14, 2003, city council minutes.
_____________________________
Mayor
Kathy Harrison
_____________________________
City Clerk Mary Jean Sell