CITY COUNCIL
REGULAR
MEETING MONDAY APRIL 28, 2003
Mayor Kathy Harrison called the
regular meeting to order at 5 p.m. Monday, April 28, 2003, in the jury room of
the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison,
Aldermen Karen Lindblad, Gayle Money, Bill Ott, Earl “Bud” Umland, Police Chief
Earl Hyatt, Assistant Fire Chief/Fire Marshall Jimmy Kelley, City
Administrative Assistant Kim Dickens and City Clerk Mary Jean Sell. Alderman
Penny Carroll was absent. There is one vacancy on the council.
PLEDGE OF ALLEGIANCE TO THE
FLAG: Mayor
Harrison led the Pledge of Allegiance.
APPROVAL OF AGENDA:
Ms. Lindblad asked that Ms. Dickens’
title be changed on the agenda from City Administrator’s Report to City
Administrative Assistant’s Report.
Mayor Harrison added an executive
session as item #8 to new business for a personnel discussion.
Pastor Gene Gilmore of the First
Assembly of God Church asked if he could address the council. Mayor Harrison
put him as item #1 under new business.
Ms. Money moved to approve the
agenda as amended. Ms. Lindblad seconded. All voted aye. Motion passed 4/0/0
Mr. Ott suggested changing Ms.
Carroll’s statement in the council comments to: Ms Carroll stated she would not
be able to attend the April 28 meeting.
Ms. Money moved to approve the April
14, 2003, minutes as amended. Mr. Umland seconded. All voted aye. Motion passed
4/0/0
COMMISSION, COMMITTEE, AND AUTHORITY REPORTS AND VACANCIES
Planning
Commission – Position 7 – Expires 1/1/06
No action
City
Advertising and Promotion Commission – Position 2- 6/30/06
Mayor Harrison nominated Ray
Dilfield to the CAPC position. Mr. Dilfield is co-owner of Crescent Cottage Bed
and Breakfast and currently serving on the Historic District Commission (HDC).
DEPARTMENT HEAD COMMENTS: There were none.
CITY ADMINISTRATIVE ASSISTANT’S REPORT:
Ms. Dickens asked how many sets of
minutes would the council like to have posted on the city’s website? Ms. Money
said two months’ worth would be sufficient. Mr. Umland agreed.
Ms. Lindblad asked about having the city council
agenda posted on the website in a timely manner.
Mr. Ott suggested having a reminder of the next open
microphone/forum session with the council posted on the website. (The next
scheduled open forum will be during the June 23 regular meeting.)
UNFINISHED BUSINESS:
1. Resolution 495, regarding the 1% city enabling
legislation. (Ott)
Mr. Ott said that with the recent adjournment of the
Arkansas General Assembly instead of recess, the proposed House Bill 2799
enabling the city to set a 1 percent sales tax on motels and restaurants to
fund mandated infrastructure repairs was a moot issue. He distributed copies of
the proposal, as amended in the council meeting of April 14. He said he would
keep the measure in hopes of presenting it to the legislature at a future date.
No action was needed on the resolution at this time.
2. Discussion regarding Ordinance 1915, an ordinance amending the City Attorney duties. (Ott/Lindblad)
Ms. Dickens said the proposed ordinance has not been
received from the attorney.
3.
Discussion regarding Ordinance 1913, an ordinance amending Section 74-5,
prohibiting theatrical pyrotechnics within the corporate limits of the City of
Eureka Springs. (Money/Lindblad) (2nd reading).
Ms. Money moved to suspend the rules and have the
ordinance read the second time by title only. Ms. Lindblad seconded.
Ms. Dickens read the title of the ordinance aloud.
Fire Marshall Kelley said he and his officers have
gone to local theaters to talk with owners about the use of pyrotechnics during
shows and had also inspected the buildings. He reported the theaters are not
designed or equipped for pyrotechnics.
Mr. Ott said he had spoken with Magician Robert
Kalina about the use of pyrotechnics in his performances. He said Mr. Kalina
was sensitive to the situation and appreciated the professional manner in which
the fire marshal and inspectors had handled the situation in his theater.
Ms. Money moved to suspend the rules and have the
ordinance read the third time by title only. Mr. Umland seconded. All voted
aye. Motion passed 4/0/0
Ms. Dickens read the title of the ordinance aloud.
Ms. Money moved to approve the ordinance on its
third reading. Mr. Umland seconded. All voted aye. Motion passed 4/0/0
Ms. Money moved to have the emergency clause read.
Mr. Umland seconded. All voted aye. Motion passed 4/0/0
Ms. Dickens read the emergency clause aloud.
Ms. Money moved to approve the emergency clause. Mr.
Umland seconded. All voted aye. Motion passed 4/0/0
4.
Discussion regarding Ordinance 1914, an ordinance making the unnecessary and
intentional revving, accelerating, or “raking” of vehicle exhaust or engines
illegal within the City of Eureka Springs. (Money) (2nd reading).
Ms. Money moved to table the reading of the
ordinance to the May 12 meeting, saying she has had “a lot of input on the
wording of the signs and I want to get it right.”
Mr.
Umland seconded.
Mr. Ott said people had contacted
him wanting to make sure “jake braking” is included in the ordinance.
Mr. Umland rescinded his second to
the motion. Ms. Money rescinded her motion to table.
Ms. Money moved to open discussion
on the proposed ordinance. Ms. Lindblad seconded.
Police chief Earl Hyatt explained
the term “jake brakes,” saying it is a noise made by the brakes of large
trucks. He also said to enforce an ordinance against such noises, signs would
have to be posted at the entrances of the city. He said permission to put such
signs on the highways had been denied several years ago by the Arkansas Highway
and Transportation Department (AHTD).
Mr. Ott moved to solicit the support
of state senators and representatives in working with AHTD to get the signs
placed. Ms. Money seconded. All voted aye. Motion passed 4/0/0
Discussion continued about the noise
created by large vehicles and motorcycles and the police department’s ability
to write tickets and enforce existing laws.
Ms. Money moved to postpone further
discussion until the next meeting. Mr. Umland seconded. All voted aye. Motion
passed 4/0/0
NEW BUSINESS:
1. Discussion regarding proclamation for National Day
of Prayer May 1.
Pastor Gilmore read a statement explaining he had
called the mayor’s office requesting a proclamation of May 1 for National Day
of Prayer. He said his request had been refused. He wanted to know why the
mayor did not want to recognize a historical day set aside by proclamations
from the President of the United States, Arkansas Governor Mike Huckabee and
mayors of cities across the nation.
He said he had been told the city’s attorney has
recommended not issuing a proclamation.
He said an observation service would be held at noon
May 1 in the gazebo in Pine Mountain village.
Mayor Harrison did not respond to his statement.
In discussion of the Cities for Peace Resolution
later in the meeting, Mr. Umland said he would like to have the request
reconsidered.
Ms. Money moved to reconsider the request. Mr. Ott
seconded.
Ms. Money said she agreed with the
mayor’s office about not issuing a proclamation and she thought a special
election could be held on the matter. Later, she said she encourages those who
wanted to pray, but it was not the government’s place to encourage prayer.
Ms. Lindblad said she agreed with the idea of
keeping church and state separate.
Mr. Umland said the proclamation had nothing to do
with keeping church and state separate, but with simply recognizing the day and
letting citizens make up their own minds about whether or not to show up.
Mr. Ott agreed, saying a proclamation did not
mandate prayer or religion.
Mayor Harrison said she had not talked with any of
the ministers. She said she had met the city’s attorney in a local restaurant
and it was his advice not to issue such a proclamation.
Mr. Umland moved to take a vote on having a
proclamation. Ms. Money seconded. Ms. Lindblad and Ms. Money voted against the
proclamation. Mr. Umland and Mr. Ott voted in favor of having a proclamation.
The motion failed 2/2/0
2. Discussion regarding creating a new ordinance concerning animal drawn vehicles. (Money/Umland).
Ms. Money moved to table the discussion. Mr. Umland
seconded. All voted aye. Motion passed 4/0/0
3.
Discussion regarding Ordinance 1917, an ordinance rezoning 15 Pivot Rock Road
from R-2, Contemporary Residential, to R-3, Multiple Family Residential.
Ms. Dickens said the ordinance was not ready for
presentation.
4.
Discussion regarding plans and specifications for wastewater repairs. (Umland)
Mr. Umland moved to table the discussion. Ms. Money
seconded. All voted aye. Motion passed 4/0/0
5. Discussion regarding Ordinance 1916, an ordinance establishing a moratorium on all fill and excavation projects.
Ms. Dickens said the ordinance was not ready for
presentation.
6. Resolution
494, Cities for Peace
Ms. Lindblad moved to consider the third resolution
presented by Mayor Harrison for consideration. The motion failed for lack of a
second. No other motions were put forward.
7. Earth
Day Proclamation
Mayor Harrison read a proclamation naming April 22,
2003 as Earth Day in recognition of the birth date of J. Sterling Morton, the
founder of Arbor Day, a national observation of the planting of trees. Eureka
Springs has been named as a Tree City USA by the National Arbor Day Foundation
the past 21 years.
8. Discussion regarding the ACE Community Project.
Mayor Harrison explained this is a program through
the Arkansas Department of Economic Development (ADED). She asked for two
council members to volunteer to be on the committee to help develop the Perkins
Mill as an attraction for the community. The mill processed much of the lumber
used in construction of the majority of historic homes in Eureka Springs. She
said the equipment could be put in running order, classes and seminars in woodworking
techniques could be taught and the mill could be considered as a working
museum.
A workshop on the ACE program was set for 5 p.m.
Tuesday, May 6.
9.
Executive Session
Mayor Harrison convened the executive session at
6:07 p.m. and council members moved into the third floor courtroom for their
discussion. Alderman Money left the session and the meeting at 6:45 p.m. The
rest of the council returned to the council room at 6:55 p.m.
Mayor Harrison said the session had recessed and
would reconvene at a later date.
CITY COUNCIL COMMENTS:
Ms. Lindblad said she was glad to
see the trolleys packed with visitors during the weekend. She commended the
Public Works Department and Recycling on the annual spring clean up. She had
attended the Alison Krauss concert and said everyone in the audience enjoyed it
and the beautiful new interior of the Auditorium. She said she had visitors
from Belgium in her shop who were “totally entranced with Eureka Springs.”
Mr. Ott said he had attended the
recent meeting of the Arkansas Parks and Tourism Commission in town. He said
the mayor’s welcoming addresses were well received and the visitors had kudos
for the hospitality they had received. He encouraged everyone to attend the
Classical Music Festival Events the first weekend in May—the Ahn Trio and
Ozarks Chorale performances.
MAYOR’S COMMENTS:
Mayor Harrison said she they names
of Bill Rubley, Robert “Butch” Berry, Rick Bright and James DeVito as potential
candidates for the Ward 2 Position 2 seat on the council. The vacancy was
created when David Wilson resigned March 30.
ADJOURNMENT: Mr. Ott moved to adjourn at
7:20 p.m. Mr. Umland seconded. All voted aye. Motion passed 3/0/0
This is the signature page for the
April 28, 2003, City Council minutes.
APPROVED:
____________________________
Mayor Kathy Harrison
ATTEST:
_____________________________
City Clerk Mary Jean Sell