CITY COUNCIL
REGULAR
MEETING
Mayor Kathy Harrison called the
regular city council meeting of
PRESENT: Mayor Kathy Harrison,
Aldermen Penny Carroll, Karen Lindblad, Gayle Money, Earl “Bud” Umland, Bill
Ott and David Wilson, Administrative Assistant Kim Dickens, City
Clerk-Treasurer Mary Jean Sell.
PLEDGE OF ALLEGIANCE: Mayor Harrison led the
Pledge of Allegiance.
APPROVAL OF AGENDA: Mr. Ott moved to have a discussion of Arkansas HB 1024 added as item five (5) under
new business. Ms. Money seconded. All voted aye. Motion passes 6/0/0.
Mr. Ott moved to accept the agenda
as amended. Ms. Money seconded. All voted aye. Motion passed 6/0/0
APPROVAL OF MINUTES: Mr. Ott moved to accept
the minutes of the regular council meeting Jan. 6, 2003, as presented. Ms.
Money seconded. All voted aye. Motion passed 6/0/0
COMMISSION, COMMITTEE,
AUTHORITY REPORTS AND VACANCIES:
Mayor Harrison asked for discussion
of the nomination of Eric Scheunemann to Position #4 on the Planning Commission
which expires 7/1/03. Ms. Money moved to approve his appointment. Ms. Lindblad
seconded. All voted aye. Motion passed 6/0/0
Mayor Harrison asked for discussion
of the nomination of Barb Deschner to Position #6 on
the Parks Commission which expires 11/22/04. Ms. Money moved to approve her
appointment. Ms. Carroll seconded. All voted aye. Motion passed 6/0/0
Mayor Harrison asked for discussion
of the nomination of Frank Green, Jr. to Position #3 on the Historic District
Commission (HDC) which expires 11/30/05. Ms. Money moved to approve his
appointment. Mr. Umland seconded. Carroll, Lindblad, Money and Umland voted
aye. Ott and Wilson voted nay. Motion passed 4/2/0
Mayor Harrison asked for discussion
of the nomination of Constance Schrader to Position 5 on the HDC which expires
11/30/05. Ms. Money moved to approve her appointment. Ms. Lindblad seconded.
All voted aye. Motion passed 6/0/0
Mayor Harrison asked for discussion
of the nomination of Benny Clark to Position #2 on the Cemetery Commission
which expires 2/15/06. Ms. Money moved to approve the appointment. Mr. Wilson
seconded. All voted aye. Motion passed 6/0/0
Mayor Harrison asked for discussion
of the nomination of Pat Matsukis to Position #6 on the Planning Commission.
Ms. Lindblad moved to approve her appointment. Mr. Wilson seconded. Carroll,
Lindblad and Money spoke in support of the appointment. Ott and Wilson spoke
against the appointment. Ms. Matsukis offered to answer any questions or
discuss any issue with council members. Larry Suchand
spoke on an unrelated matter. Carroll and Lindblad voted aye. Money, Umland,
Ott and Wilson voted nay. Motion failed 2/4/0
Mayor Harrison asked for discussion
of the nomination of Draxie Rogers to Position #3 on the Parks Commission which
expires 5/31/03. Ms. Money moved to approve the appointment. Mr. Wilson
seconded. All voted aye. Motion passed 6/0/0
Mayor Harrison nominated the
following persons for the following positions:
June
Westphal for Position #1 on the Cemetery Commission
which expires 12/31/05
Craig
Monarch for Position #2 on the Planning Commission which expires 1/1/05
Terry
McClung for Position #7 on the Planning Commission which expires 1/1/06
Dani Wilson for Position #6 on the Planning Commission which expires 1/1/06
Position #1 on the City Advertising and Promotion
Commission (CAPC) which expires 6/30/05 remains open
As per council policy, the nominees will be voted on
during the regular council meeting of
Feb. 10, 2003.
DEPARTMENT HEAD COMMENTS: There were no department
head comments.
ADMINISTRATIVE ASSISTANT’S
REPORT: Ms.
Dickens did not have a report.
UNFINISHED BUSINESS: There were no unfinished
business items.
NEW BUSINESS:
1. Discussion regarding Ordinance 1911, an ordinance providing for
and
adopting budgets
for the City of Eureka Springs, Arkansas, for the twelve (12) month period
beginning Jan. 1, 2003, and ending Dec. 31, 2003.
Ms. Money moved to approve Ordinance 1911 on its
first reading. Lindblad seconded. Ms. Dickens read the ordinance in its
entirety. All voted aye to approve the
ordinance. Motion passed 6/0/0
Ms. Money moved to suspend the rules and read
Ordinance 1911 the second time by title only. Mr. Wilson seconded. All voted
aye. Motion passed 6/0/0. Ms. Dickens read the title. Ms. Money moved to
approve Ordinance 1911 on its second reading. Mr. Wilson seconded. All voted
aye. Motion passed 6/0/0
Ms. Money moved to suspend the rules and read
Ordinance 1911 the third time by title only. Mr. Wilson seconded. All voted
aye. Motion passed 6/0/0 Ms. Dickens
read the title. Ms. Money moved to approve Ordinance 1911 on its third reading.
Mr. Wilson seconded. All voted aye. Motion passed 6/0/0
Ms. Money moved to read the emergency clause. Mr.
Ott seconded. All voted aye. Motion passed 6/0/0 Ms. Dickens read the emergency
clause which puts the ordinance into effect upon passage. Ms. Money moved to
approve the emergency clause. Mr. Ott seconded. All voted aye. Motion passed
6/0/0.
2. Discussion regarding Ordinance 1902, an ordinance adopting the International Building Code.
Ms. Money moved to read Ordinance 1902 the first
time in its entirety. Mr. Wilson seconded. All voted aye. Motion passed 6/0/0
Ms. Dickens explained the International Building
Code (IBC) combines the Southern Standard Building Code (SSBC), which has been
adopted by the City of Eureka Springs, and BOCA codes. Once the IBC is
internationally adopted, SSBC and BOCA will no longer be used. She read
Ordinance 1902. Ms. Money moved to approve Ordinance 1902 on its first reading.
Mr. Wilson seconded. All voted aye. Motion passed 6/0/0 The second reading will be placed on the Feb.
10 agenda.
3. Approval
of destruction of 1997 city records.
Mayor Harrison explained it is only necessary to
keep city records five years and it is standard practice to dispose of the
records at the end of that time.
Ms. Money moved to approve the destruction of the
1997 records as listed. Ms. Lindblad seconded. All voted aye. Motion passed
6/0/0
4. Discussion regarding reading and approval of minutes at Council meetings.
Ms. Money moved to approve the
reading of council minutes aloud before they are approved during regular
council meetings. Ms. Lindblad seconded. Mr. Ott moved to table the motion to
the Feb.10 meeting. Mr. Wilson seconded. All voted aye to table. Motion passed
6/0/0
5.
Discussion of Arkansas HB 1024 which provides, in part, for the removal of the
requirement in state law for passengers and operators of motorcycles and
motor-driven cycles on the public streets and highways to wear protective
headgear unless the person is twenty-one (21) years of age or older.
Mr. Ott brought the bill to the table during the Jan. 27 regular meeting for council members’ consideration and for possible action during this meeting. He moved to send a resolution in opposition to stricter helmet laws as proposed in HB 1024. Ms. Money seconded.
In Mr. Ott’s opinion, continuing to require cyclists to wear helmets would be a detriment to attracting visitors to the state and our community.
Ms. Lindblad expressed her concern for the city’s liability and responsibility for medical expenses for persons hurt on city streets. Ms. Dickens explained the city is not responsible for expenses or liability because of tort immunity.
Emergency Services Director David Stoppel said he wanted to encourage the wearing of helmets for persons of all ages and would oppose any measure making it legal not to wear protection.
Ms. Dickens suggested a letter to the legislature would be appropriate, rather than a resolution which has to be written by an attorney and would not meet the time constraints on the request for council action and presentation to the legislature. Ott agreed to amend his motion to “letter” instead of resolution. Ms. Money agreed to amend her second.
Mr. Ott called the question on the discussion. Five voted aye. Ms. Lindblad voted nay. Motion to close discussion passed 5/0/0.
Money, Umland, Ott and Wilson voted aye to opposing HB 1024. Carroll and Lindblad voted nay. Motion passed 4/2/0
CITY COUNCIL
COMMENTS:
Ms. Money asked if it would be possible to include a request in the letter about HB 1024 setting speed limits for persons without helmets operating motorcycles. Mayor Harrison said that was not within the authority of the city.
Mr. Umland said he was proud to be working with the other council members and appreciated the business-like and productive manner in which meetings were moving. “Thank you to all who serve on the council.”
Mr. Ott thanked all who contacted him about commission nominations. He asked if it would be possible to have the city attorney present at council meetings. Ms. Dickens said the city attorney is now only functioning as a prosecuting attorney. She offered to have consulting attorneys attend meetings, but pointed out it would be very expensive.
Mr. Ott asked for support to put a discussion item on the Feb. 5 agenda to return the city attorney’s position to one of counsel as well as prosecutor. Umland and Lindblad joined him in the request.
Ms. Carroll asked if it would be possible to move the meetings to a larger meeting space. Mayor Harrison said she would like to have the meetings in a larger space and would also like to allow time for residents to speak to the council on matters they are concerned about. She said she would add this discussion to the Feb. 5 agenda.
Ms. Lindblad thanked all who applied and volunteered to serve on city commissions. She said she would also like to have the city attorney present for meetings.
City Clerk Sell encouraged everyone to visit the City Auditorium to see the new ceiling and painted walls in the theater portion of the building.
MAYOR’S COMMENTS:
Mayor Harrison said Transit Director Lamont Richie had asked for an amendment to the Municipal Code which currently allows four tour companies to have franchise agreements with the city. There are now only three companies operating. Ms. Money and Ms. Lindblad agreed to sponsor changes in the franchise agreement as an agenda item for the Feb. 5 meeting.
ADJOURNMENT: Ms. Money moved to adjourn at 6:15 p.m. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
This is the signature page for the Jan. 27, 2003, City Council minutes.
APPROVED:
_______________________________
Mayor Kathy Harrison
ATTEST:
_____________________________
Mary Jean Sell, City Clerk-Treasurer