CITY COUNCIL
REGULAR
MEETING
Mayor Kathy Harrison called the
regular meeting to order at
PRESENT: Mayor Kathy Harrison,
Aldermen Penny Carroll, Karen Lindblad, Gayle Money, Bill Ott, Earl “Bud”
Umland and David Wilson, City Administrative Assistant Kim Dickens, Finance
Director Diane Murphy and City Clerk-Treasurer Mary Jean Sell.
PLEDGE OF ALLEGIANCE TO THE
FLAG:
Mayor Harrison led the Pledge of Allegiance.
APPROVAL OF THE AGENDA:
Mayor Harrison said she wanted to
add an executive session to the agenda.
Mr. Ott corrected the listing of the
second (#2) item under new business as discussion regarding “the city’s”
enabling legislation, not the CAPC’s. He said he would bring a discussion of
the city attorney’s position into unfinished business.
Ms. Money moved to approve the
agenda with the additions. Mr. Ott seconded. All voted aye. Motion passed 6/0/0
Mr. Money moved to postpone the
reading of the minutes. Mr. Wilson seconded. All voted aye. Motion passed 6/0/0
COMMISSION, COMMITTEE, AND
AUTHORITY REPORTS AND VACANCIES:
Planning
Commission – Position 6- Expires
Mr. Ott moved to approve the appointment of Terry
McClung to Position 6 on the Planning Commission. Mr. Wilson seconded. Five
voted aye. Ms. Lindblad opposed. Motion passed
Planning
Commission – Position 7 - Expires
DEPARTMENT HEAD COMMENTS: There were none.
ADMINISTRATIVE ASSISTANT’S
REPORT: Ms.
Dickens did not have a report.
UNFINISHED BUSINESS:
1. Discussion of the city attorney’s position.
Mr. Ott moved to re-open discussion of expanding the
city attorney’s position. Mr. Wilson seconded.
Mr. Ott distributed copies of the Municipal Code
regarding the city attorney’s position with recommended changes:
1.
That the city attorney be a qualified elector, a resident of
2.
The city attorney, upon sufficient notice and at the request of the mayor, city
clerk/treasurer, or any two council members, shall attend the regular or
special meeting of the city council specified in the request.
3.
The city attorney shall be legal council …(city
commissions listed)… and shall attend meetings of these commissions and board
at the specific request of the mayor (instead of chairmen of the commissions
and board).
Mr. Ott moved to have the mayor contact an attorney
to draw up an ordinance for the city attorney’s position reflecting these
changes and to have it ready for the council meeting of April 14.
Ms. Money said she did not agree with the proposal.
She said there would be opportunity for two council members to ask the attorney
to attend every meeting.
Ms. Lindblad said she believed there would be times
when the city attorney needed to be at the council meetings. She did not
believe council members would have the attorney at every meeting.
Ms. Carroll said the council has not needed an
attorney present. She supported the action of the prior council in reducing the
attorney’s duties.
Mr. Umland said he was against having a city
attorney present at all times, but thought inviting the attorney was a good
idea because it would give him time to research particular issues.
Mr. Wilson suggested changing the proposal to have
three council members request the attorney to be present.
Ms. Money moved to amend the original motion to have
the mayor or the mayor and two council members request the city attorney attend
a council meeting. She did not want the city clerk/treasurer included. Mr. Ott
seconded. Ms. Carroll said she wanted an itemized account of the costs of
having the city attorney present for meetings. Five voted aye on the amendment,
Ms. Carroll voted nay. Motion passed
Mr. Ott moved for the approval of the ordinance, as
amended. Ms. Money seconded. Five voted aye. Ms. Carroll voted nay. Motion
passed 5/1/0
1. Discussion regarding application for animal-drawn
vehicles.
Ray Dotson of Springdale, doing business as Ozark
Mountain Outfitters, presented a proposal to: 1. Operate a six-passenger
horse-drawn stagecoach tour from the railroad station up Hillside, to Spring
St. to the Western District Carroll County Courthouse and along Main St. back
to the railroad station; (2) Operate a limousine carriage service in town,
primarily from the Crescent Hotel to any destination the bride might choose,
without going onto Highway 62.
On the Main Street route, he proposed using existing
trolley stops as pick-up and getting-off points. He gave detailed descriptions
of the stagecoach, the carriage and the horses.
He presented a letter from Transit Director Lamont
Richie (copy attached to original minutes). Richie said he could not stop
Dotson from using trolley stops on public roads, but asked that prospective
passengers stand a few feet away from the trolley stops so they would not be
confused with prospective trolley passengers.
Police Chief Earl Hyatt was quoted by Mr. Dotson as
saying had they had talked about his proposed routes. Mr. Dotson would notify
him when he had a wedding party booked and they would discuss the route at that
time. He discouraged Mr. Dotson from attempting to pick-up/solicit passengers
along his proposed routes.
Tom Tharp, owner of Olden Days Carriage Service,
sent a letter of opposition and spoke against allowing Mr. Dotson to operate
along Main Street. The city council gave Mr. Tharp permission to use the Main
Street/Hillside/Spring St. route several years ago.
Ada Jensen, co-owner of Southern Pride Carriage
Tours, sent a letter of opposition and spoke against allowing Mr. Dotson to
operate from the Crescent Hotel. The council gave her permission to take her
carriages along the Historic Loop through Dairy Hollow to Spring St. to the
library and returning up Crescent Grade or along the Historic Loop to the Old
Stone Church on Summit and back several years ago.
Tharp and Jensen said they believed they had
exclusive use of those routes and were opposed to anyone else using them.
Ms. Money moved to table the discussion to the
regular meeting of April 14. Mr. Ott seconded. All voted aye. Motion passed
6/0/0 Mr. Ott asked Mr. Dotson to bring
maps and specific descriptions of the routes he plans to use to the next
council meeting.
Council members took a short break at 6 p.m.
The first public forum began at 6:10 p.m. The council approved the forum format at the request of Mayor Harrison several weeks ago. During the last meeting of each quarter during the year, 30 minutes is to be given to citizens to express their thoughts, suggestions, ideas, solutions to city problems, etc. Speakers are to be given two minutes each. If that is not long enough, speakers are encouraged to present their ideas in writing.
Mayor Harrison said the council welcomed comments, but she did not want speakers attacking individuals or groups.
Arnold Lehman, 1 Howell, spoke of his concerns about the manner
in which city Building Inspector Don Underwood conducts his business. Mr.
Lehman feels he is not being treated fairly with regard to construction
projects in the New Orleans Hotel.
Ray Dilfield, speaking as a member of the Historic District
Commission (HDC) began reading a statement asking for increased vigilance from
the building inspector regarding restoration/renovation projects on historic
structures. He ran out of time and presented the statement to the council for
consideration.
Debbie Frisbie, speaking as chairman of the HDC, read a
statement asking for the return of the full-time city attorney’s position as a
support for the HDC and the return of the full-time position for the city
clerk-treasurer as staff support for the HDC and applicants. She ran out of
time and presented the statement for council consideration.
Joe
Zickmund, 95 Spring St., asked several questions about the purchase of the
Planer Hill property (near the intersection of Highway 62 and Highway 23/south
Main St.) regarding cost to purchase, plans for development or use, etc.
Ken Foggo, 150 N. Main, asked the council to halt the cutting
down of a Linden/American Basswood tree across the street from his house.
(Public Works Director Kirby Murray got permission from the Planning Commission
March 13 to remove the tree. He reported the root structure had been damaged
during the replacement of the highway surface this winter and the tree would
eventually die and probably fall over.)
Mr. Foggo disagreed with Mr. Murray’s assessment of
the health of the tree, saying it “would be a travesty to bring it down.”
Butch France, AEP/SWEPCO, thanked council members “for the work
you are doing.”
The forum was closed at 6:28 p.m. There were no more
citizens wishing to make comments. The council meeting resumed.
2.
Discussion regarding CAPC enabling legislation (Ott/Money)
Mr. Ott again explained the legislation does not involve the CAPC, only the city’s ability to levy a limited tax. He has been working with state Sen. Phil Jackson of Berryville on the measure. Jackson introduced House Bill (HB) 2799 to the General Assembly as a “shell bill.”
By title, the bill is “An act to authorize a
municipality levying a two percent (2%) hotel and restaurant tax to levy an
additional one percent (1%) on hotel and restaurant sales for capital
improvements for a period of time up to sixty (60) months; and for other
purposes.”
Mr. Ott moved to approve/support the bill as
providing funding for the city’s infrastructure needs. Ms. Carroll seconded.
Ms. Money said she wanted an opinion from attorney
Dennis Hunt on the city’s bonding capacity and how this tax would affect it.
Mr. Ott explained this measure would “enable” the
city to adopt such a tax if it were needed for major project, not “enact.”
Mr. Umland said he did not think it was fair to ask
hotels and motels to bear the burden of collecting additional taxes.
Ms. Lindblad said she and the public needed more
time to study the proposal.
Ms. Money moved to table the motion for further
study. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
3. Discussion regarding the waiving of paying the parking meters in the winter months. (Lindblad/Money)
Ms. Lindblad said she was not prepared to go ahead
with this discussion and asked that it be postponed.
4. Discussion regarding creating an application form for commission applicants. (Money/Ott)
Ms. Money moved to approve the form as presented.
(Copy attached to original minutes). Mr. Ott seconded.
Mayor Harrison said she wanted an attorney to review
the form.
All voted aye. Motion passed 6/0/0
5. Discussion regarding Ordinance 1913, an ordinance amending Section 74-5, prohibiting theatrical pyrotechnics with the corporate limits of the City of Eureka springs. (Money/Lindblad)
Ms. Dickens said the ordinance is still not ready.
Mayor Harrison said Ms. Dickens has not been able to find the original
ordinance regarding prohibiting the use of fireworks in the city.
COUNCIL COMMENTS:
Ms. Carroll said she is concerned
about saving the tree on North Main.
Mr. Umland asked to see the plans
and state specifications for the repair and replacement of sewer lines in the
current project on the east side of town.
Mr. Wilson thanked the participants
of the public forum, saying it had made for an enjoyable meeting.
Mr. Ott announced movies in the city
Auditorium at 7 p.m. each Wednesday; the great success of the recent Victorian
Classic sponsored by the Rotary Club; and the recent visit of former U.S.
Senator Dale Bumpers as part of his book signing tour.
Ms. Lindblad complimented Transit
Director Lamont Richie on the new trolley signs, location maps and other
improvements to the system. She wished everyone a happy spring.
Ms. Money asked for support in
having “no rev” signs posted in town as a method of trying to keep motorcycle
noise down. Ms. Lindblad said she would join in bringing the topic to the
agenda.
MAYOR’S COMMENTS:
1. Mayor Harrison said she had been
asked to ask the council to approve a resolution for peace as some 160 cities
across the country have done. She had several examples of resolutions used in
other communities.
2. She announced the possibility of the filming of a
movie in Eureka Springs. She said we would be competing with Sevierville, Tenn.
The state of Tennessee allows a 10 percent sales tax
rebate to movie companies.
The state of Arkansas has a five percent rebate. The
movie company will have to set up an account with the state Department of
Finance and Administration (DFA) to document purchases for the rebate.
She said the City Advertising and
Promotion Commission (CAPC) would vote Thursday on rebating the two percent
gross sales tax it collects on hotels, motels, restaurants, gift shops and
attractions.
She asked the council to consider
rebating the 2.24 percent city sales tax that would be collected on movie crew
purchases. She wants to put the item on the April 14 agenda for further
discussion.
3. She said she had a proposal from
a member of the Sam Walton Business School at the University of Arkansas in
Fayetteville to do a salary comparison study with other cities. She said she
will put the item on the April 14 agenda for further discussion.
ADJOURNMENT: Mr. Ott moved to adjourn at
8 p.m. Ms. Money seconded. All voted aye. Motion passed 6/0/0
This is the signature page for the March 24, 2003,
City Council minutes.
APPROVED:
__________________________________
Mayor Kathy Harrison
ATTEST:
_____________________________
City Clerk Mary Jean Sell