CITY OF EUREKA SPRINGS

CITY COUNCIL

REGULAR MEETING                        WEDNESDAY                   MARCH 10, 2004

            This meeting was held on Wednesday so the Mayor and members of the City Council could attend the 30th annual Governor’s Conference on Tourism in Fayetteville March 8-9, 2004.

            Mayor Kathy Harrison called the regular meeting of the City Council to order at 6:07 p.m. Wednesday, March 10, in the jury room of the Western District Carroll County Courthouse.

 

PRESENT: Mayor Kathy Harrison, Aldermen Penny Carroll, Robert “Butch” Berry, Karen Lindblad, Gayle Money, Bill Ott and Earl “Bud” Umland, Police Chief Earl Hyatt, Transit Department Director Lamont Richie, Public Works Director Robert Forest, Parks and Recreation Director Bruce Levine, Parks and Recreation Commission Chairman Bill Featherstone, City Attorney Tim Weaver, mayor’s assistant Brenda Spencer and City Clerk-Treasurer Mary Jean Sell.

 

PLEDGE OF ALLEGIANCE TO THE FLAG

            Mayor Harrison led the Pledge of Allegiance to the Flag.

 

APPROVAL OF THE AGENDA

            Ms. Money moved to approve the agenda. Mr. Umland seconded.

            Mayor Harrison added the reading of Ordinance 1949, amending the 2004 city budget as New Businesses Item #4. Mr. Ott moved to substitute the reading of Ordinance 1949 for New Business Item #4 since resolution regarding the skate park had been removed from that position on the agenda. Mr. Umland seconded. All voted aye. Motion passed 6/0/0

            Mayor Harrison asked for an executive session after the department head comments. Mr. Ott moved to add an executive session to the agenda following the department head comments. Ms. Money seconded. All voted aye. Motion passed 6/0/0

            Ms. Money moved to discuss the selling and serving of alcoholic beverages in the City Auditorium as item #5 under New Business. Ms. Lindblad and Mr. Berry seconded. Five voted aye, Mr. Ott opposed. Motion passed 5/1/0

            Mayor Harrison said Ordinance 1947, New Business Item #1, must be postponed until the ordinance is finalized.

            Mayor Harrison said the Cemetery Commission Position #5 had expired Feb. 15. Ken Fugate held the position and is willing to continue to serve.

Mr. Ott moved to approve to the agenda. Ms. Money seconded. All voted aye. Motion passed 6/0/0

 

APPROVAL OF THE MINUTES:  February 23, 2004

            Ms. Money moved to approve the minutes as presented. Ms. Carroll seconded. All voted aye. Motion passed 6/0/0

 

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COMMISSIONS, COMMITTEES AND AUTHORITY REPORTS AND VACANCIES:

            Planning Commission – Position #5 – Expires 1/1/07

            Cemetery Commission – Position #3   Mayor Harrison nominated Ken Fugate to continue in the position.

 

DEPARTMENT HEAD COMMENTS:

            Police, Transit, Public Works, Parks, ACE and CCSW

            Mayor Harrison said ACE Coordinator Glenna Booth was ill and not able to attend. The CCSW (Carroll County Solid Waste Authority) was listed by mistake.

 

            Police Chief Earl Hyatt reported 23 persons booked into jail in February; 144 calls answered; 53 tickets written; 49 incident reports made; 92 warnings issued; 17 warrants issued; 25 warrants served. Detective Morris Pate presented a workshop on fraud and hot checks for merchants at the Inn of the Ozarks. It was so successful another is being planned for fall. The four local banks and the Greater Eureka Springs Chamber of Commerce sponsored the event.

 

            Transit Director Lamont Richie reported all of the trolleys are now running their regular routes from 9 a.m. to 5 p.m. each day. Information boards have been installed at 90 percent of the stops on the routes. He hopes to have boards at all stops by the end of the year.

            He has been working with the ACE (Arkansas Community of Excellence) Transportation Team to develop plans for a grant proposal to the Arkansas Highway and Transportation Department (AHTD) to “sidewalk the city” from Mountain St. to the train depot, from Pine St. to the high school, along the historic loop. He wants to propose the entire plan to AHTD to position the city to receive federal funding in several annual installments through AHTD.

            He said a new position has to be created within the city for someone to become a liaison for minorities and women-owned businesses. It has to be a citywide program. Approximately $540,000 is available in funds this year for grants for these businesses.

 

            Public Works Director Robert Forest reported he is already making positive changes within the department with only nine days on the job. He has been working with employees “to let them know there is hope and a future in the department.”

He has talked with the Arkansas Department of Environmental Quality (ADEQ) about the city’s waste treatment system.

He has run mandrel tests on the new sewer lines on Benton St. and has found several problem areas that need repair.

He does not believe the waste treatment plant is operating efficiently. He has talked with consulting engineers and representatives of Aqua Tech and U.S. Filter and has asked them to inspect the system.

 

Parks Director Bruce Levine apologized to the council for misunderstanding a

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directive regarding the installation of light poles at the Lake Leatherwood baseball and

soccer fields. After reviewing meeting tape recordings, he realized the council had

specified all metal poles for both fields. Parks commission members voted to install wooden poles at the soccer fields and in the parking lot and to look for additional funding for steel poles for the baseball fields.

 

EXECUTIVE SESSION: The council went into executive session at 6:55 p.m. and moved into the third floor courtroom for discussions. They returned to the jury room and resumed the meeting at 7:30 p.m.

            Mr. Ott moved to unanimously approve the appointment of Robert Forest as director of public works. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0

 

            Ms. Money moved to suspend the rules and move the discussion of Ordinance 1948, regarding definition of gift shops, forward as the first item of Old Business. Mr. Umland seconded. All voted aye. Motion passed 6/0/0

 

COMMITTEE REPORTS:

            Vision – Ott, Lindblad, Harrison and Richie   Mr. Ott said Mayor Harrison is developing a list of priorities from city vision plans and studies to try to determine a direction of study.

            Festival – Umland, Buchanan, Farthing and Harrison   Mr. Umland said the ordinance regarding festivals has not been completed and discussion will be postponed until the next council meeting.

            Salary and Personnel – Money, Murphy, Spencer and Harrison   Ms. Money reported there had been a three-hour meeting March 12 to review the rating system proposed by the consultants. A handbook has also been proposed and work is progressing on it.

            Board of Appeals - Berry, Mills   Mr. Berry said he and Mr. Mills have come up with a draft of an ordinance to establish the board and qualifications for its membership. They are looking for general contractors rather than engineers as recommended in the International Building Code (IBC) because of the lack of engineers in the area.

 

NEW BUSINESS:

            1. Discussion regarding Ordinance #1948, an ordinance amending Article II, Section 102-31 of the Municipal Code of the City of Eureka Springs, for the purpose of amending the definition of “Gift Shops” which are subject to the gross receipts sales tax, as levied by the City of Eureka Springs, at Article II, Section 102-32 of the Municipal Code of the City of Eureka Springs.

            Mr. Ott moved to place Ordinance #1948 on its first reading. Ms. Money seconded.

            Ms. Sell read the ordinance aloud.

            Mr. Ott moved to approve Ordinance #1948 on its first reading. Ms. Money seconded.

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            Mr. Ott yielded his discussion time to LeRoy Gorrell, executive director of the City Advertising and Promotion Commission (CAPC).

            Mr. Gorrell explained the purpose of the change in the ordinance is that many businesses are not collecting the 2 percent gross receipt sales tax on the same items that other businesses are. Business owners have asked the commission to clear up the inequity.

            Mr. Ott moved to limit debate on the issue to 20 minutes. Ms. Carroll seconded.

Ms. Lindblad commented the item had been added to the agenda three days ago and she did not see any emergency in discussing the issue. She felt it could have been put on the agenda for open mic night, March 29. She wants to listen to everyone who wants to speak tonight, without time limits.

            Mr. Ott withdrew his motion to limit debate. Ms. Carroll withdrew her second.

            Ms. Money moved to limit the 10 speakers to three minutes each. Mr. Umland seconded. All voted aye.

            Speaking in opposition to expansion of the list of collectors of the CAPC tax were: Rogene Paskins, Stan du Bois, Jack Byrne, Terry McClung, Susan Krotz, Virginia Lindblad, Cynthia Hudson. Michael Johnson, Bill Rubley, Mary Ellen Sheard and David Blankenship attended but yielded their time to speak.

            Mr. Ott moved to table the vote on the first reading of Ordinance 1948 to the next meeting. Ms. Lindblad seconded. Ms. Lindblad, Mr. Ott and Mr. Berry voted aye. Ms. Money, Mr. Umland and Ms. Carroll voted nay. Mayor Harrison voted aye to postpone the vote. Motion passed 4/3/0.

 

            Mr. Ott moved to suspend the rules and place New Business Item #2, discussion regarding outdoor cinema and Sunday market, as the next item of business, before the start of the Old Business items. Mr. Umland seconded. All voted aye.

Mr. Berry moved to take a break, at 8: 30 p.m., before the discussion started. All voted aye. The meeting resumed at 8:50 p.m.

 

NEW BUSINESS:

            2. Discussion regarding outdoor cinema and Sunday market.

            Charlotte Buchanan said plans are now in place to have the Sunday market from 8 a.m. to 4 p.m. in the parking lot on the north side of the Basin Spring Bathhouse building. Evening entertainment will start about 7 p.m. and the movies will start at dusk. The market may run through October. The movies are scheduled from June 13 to Labor Day.

 

            Mr. Ott moved to suspend the rules and place the original New Business Item #4, resolution supporting the skate park project, back on the agenda at the end of the new business items. Ms. Money seconded. All voted aye. Motion passed 6/0/0

 

OLD BUSINESS:

            1. Discussion regarding Ordinance #1944, an ordinance amending the 2003 budget.

            Ms. Money moved to place Ordinance 1944 on its first reading. Mr. Umland seconded. All voted aye. Motion passed 6/0/0

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            Mayor Harrison read the ordinance aloud.

            Mr. Ott moved to approve Ordinance 1944 on its first reading. Ms. Money seconded. All voted aye. Motion passed 6/0/0

 

            2. Discussion regarding Ordinance #1945, an ordinance repealing Chapter B of the Appendix to the International Building Code. (3rd reading)

            Ms. Money moved to suspend the rules and place Ordinance 1945 on its third reading by title only. Mr. Umland seconded. By roll call, all voted aye. Motion passed 6/0/0

            Ms. Sell read the title aloud.

            Ms. Money moved to approve Ordinance 1945 on its third reading by title only. Mr. Berry and Mr. Umland seconded. By roll call, all voted aye. Motion passed 6/0/0

 

            3. Discussion regarding Ordinance #1946, an ordinance on fill and excavation. (2nd reading)

Ms. Money moved to suspend the rules and place Ordinance 1946 on its second reading by title only. Mr. Berry seconded. By roll call, all voted aye. Motion passed 6/0/0

            Mayor Harrison read the revisions to the ordinance and the title aloud.

            Mr. Ott moved to amend the ordinance as revised and to approve it on its second reading by title only. Mr. Berry seconded. All voted aye. Motion passed 6/0/0

 

4. Discussion of Ordinance #1941, an ordinance to amend Chapters 114-4 (C)(6)  and 70-4 of the Eureka Springs Municipal Code, regarding manufactured homes. (1st reading)

            Ms. Money moved to postpone the ordinance because the revised proposal is not available. Mr. Berry seconded. All voted aye. Motion passed 6/0/0

 

            5. Ms. Lindblad moved to suspend the rules and move discussion of the selling and serving of alcoholic beverages in the City Auditorium to this time. Ms. Money seconded. All voted aye. Motion passed 6/0/0

            Ms. Money said, “It was brought before the council two years and ago and I opposed it then and I oppose it now.”

            Mr. Ott asked if the council had the right to decide if the CAPC has the authority over the building.

            Mr. Weaver said the council has the authority to decide what happens in its own buildings.

            Chief Hyatt said he could not advocate the idea of getting someone intoxicated at a city function. He said he has signed off on selling wine in the auditorium but he does not want wine and beer sold in the adjacent parking lot. He pointed out the city has an ordinance in the Municipal Code prohibiting sale or consumption of alcohol in public buildings.

            Currently, organizations can make arrangements with the CAPC/auditorium director to serve alcoholic beverages in the auditorium as a fund-raiser. The organization must obtain a temporary beverage license from the Alcohol Beverage Control (ABC)

 

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Board for each event.

            After lengthy discussion, Ms. Money moved to table the discussion until the next meeting. Ms. Carroll seconded.

Mr. Ott moved to amend the motion to table the discussion to the last item on the agenda. Ms. Lindblad seconded. Mr. Ott, Mr. Umland and Ms. Lindblad voted in favor. Mr. Berry, Ms. Carroll and Ms. Money opposed. Mayor Harrison voted aye to move the discussion to the end of the meeting.

When discussion resumed, Ms. Money moved to table the discussion until the next meeting. Ms. Carroll seconded. After brief discussion, Mr. Ott called the question. All voted aye on the question.

On the vote to table discussion to the next meeting, five voted aye, Ms. Lindblad opposed. Motion passed 5/1/0

 

6. Discussion of the Saving America’s Treasures Auditorium project.

Ms. Money moved to postpone the discussion. Ms. Carroll seconded. Ms. Money amended her motion to make it the first item on the agenda at the next meeting. Ms. Carroll seconded. All voted aye. Motion passed 6/0/0

 

7. Discussion regarding Ordinance #1949, an ordinance adopting the 2004 capital expenditures budget.

Ms. Money moved to put Ordinance 1949 on its first reading. Mr. Berry seconded. All voted aye. Motion passed 6/0/0

Mayor Harrison read the ordinance aloud.

Ms. Money moved to approve Ordinance 1949 on its first reading. Mr. Ott seconded. Five voted in favor, Ms. Lindblad opposed. Motion passed 5/1/0

Mr. Ott moved to suspend the rules and place Ordinance 1949 on its second reading by title only. Ms. Money seconded. By roll call, all voted aye. Motion passed 6/0/0

            Mayor Harrison read the title of the ordinance aloud.

            Mr. Ott moved to approve Ordinance 1949 on its second reading by title only. Ms. Money seconded. Five voted aye, Ms. Lindblad opposed. Motion passed 5/1/0

Ms. Money moved to suspend the rules and place Ordinance 1949 on its third reading by title only. Ms. Carroll seconded. By roll call, five voted aye, Ms. Lindblad opposed.  Motion passed 5/1/0

Mayor Harrison read the title of the ordinance aloud.

Mr. Ott moved to approve Ordinance 1949 on its third reading by title only. Ms. Money seconded. Five voted aye, Ms. Lindblad opposed. Motion passed 5/1/0

Ms. Money moved to read the emergency clause. Mr. Ott seconded.

Mayor Harrison read the emergency clause aloud.

Ms. Money moved to approve the emergency clause. Mr. Ott seconded. All voted aye. Motion passed 6/0/0

 

8. Resolution #499 supporting the skate park project.

Mayor Harrison explained a resolution supporting the expenditures of funds for the skate park is a requirement of the grant application for state funds.

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Mr. Ott moved to read resolution #499. Ms. Lindblad seconded.

This resolution was brought by Bill King, chairman of the skate park committee.

After the resolution was read, Barbara Deschner Dunnam, director of Eureka Kids, said only one entity in a community could apply for the grant her organization and the skate park group are interested in. She said she had been assured by state Sen. Randy Laverty and state Rep. Phil Jackson of their support in getting the grant for Eureka Kids. She said she had left a similar resolution in a folder with the mayor’s assistant but it had not been placed on the agenda.

Mr. Ott moved to table voting on the resolution to the meeting of March 22. Mr. Berry seconded. All voted aye. Motion passed 6/0/0

 

CITY COUNCIL COMMENTS:

            Ms. Lindblad asked for comments from citizens regarding serving and selling alcohol in the City Auditorium.

            Mr. Ott congratulated the Greater Eureka Springs Chamber of Commerce for winning a Henry Award at the 30th annual Governor’s Conference on Tourism for the antique car festival and the Eureka Co-op for getting second place in tourism support.

           

MAYOR’S COMMENTS:

            Mayor Harrison also congratulated the Chamber of Commerce and Eureka Co-op on their awards. She thanked all of the business owners in town who were able to attend the conference.

            She said the Auditorium Grand Re-opening Celebration would be Friday, March 12, with a variety of performers scheduled to participate.

 

ADJOURNMENT:

            Ms. Money moved to adjourn at 10:42 p.m. Ms. Lindblad and Mr. Umland seconded. All voted aye.

 

 

            This is the signature page for the City Council minutes of March 10,2004.

 

 

                                                                        _________________________________

                                                                                    Mayor Kathy Harrison

 

 

 

_________________________________

City Clerk Mary Jean Sell

                       

 

 

 

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