CITY COUNCIL
Mayor Kathy Harrison called the regular meeting of the Eureka Springs City Council to order at 6 p.m. Monday, Oct. 10, in the jury room of the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison, Aldermen Robert “Butch” Berry, Aaron Falotico, Terry McClung, Rick Rojek, Lori Weaver, City Attorney Tim Weaver, Michael Moyers of the Friday Eldredge and Clark Law Firm in Little Rock and City Clerk-Treasurer Mary Jean Sell. Alderman Beverly Blankenship was absent.
PLEDGE OF ALLEGIANCE:
Mayor Harrison led the Pledge of Allegiance to the Flag.
APPROVAL OF THE AGENDA:
Mr. Rojek moved to approve the agenda. Ms. Weaver seconded.
Mayor Harrison said she had put the discussion of Ordinance 2007, refinancing the 2000 water and sewer bond issue, early on the agenda so Mr. Moyers could return to Little Rock.
She said there has been a request to postpone New Business Item #2, discussion of the 2006 Sunday Market to the Nov. 14 meeting. Mr. McClung said he wants the discussion on the agenda for the Oct. 24 meeting.
On the motion to approve the agenda, all voted aye. Motion passed 5/0/0
Discussion
of Ordinance #2007 regarding refinancing of the 2000 water and sewer bond
issue.
Mr. Moyers presented correction pages and gave a brief explanation of the refinancing plan. It is anticipated the refinancing will save the City approximately $175,000.
Mr. McClung moved to place Ordinance 2007 on its first reading. Mr. Rojek seconded. All voted aye. Motion passed 5/0/0
Mr. Moyers took approximately 40 minutes to read aloud the 21-page document.
Mr. McClung moved to approve Ordinance 2007 on its first reading. Mr. Falotico seconded. All voted aye. Motion passed 5/0/0
Mr. Falotico moved to suspend the rules and place Ordinance 2007 on its second reading by title only. Mr. Rojek seconded. By roll call, all voted aye. Motion passed 5/0/0
Mayor Harrison read the title aloud.
Mr. Falotico moved to approve Ordinance 2007 on its second reading by title only. Mr. Rojek seconded. All voted aye. Motion passed 5/0/0
Mr. Falotico moved to suspend the rules and place Ordinance 2007 on its third reading by title only. Mr. Rojek seconded. By roll call, all voted aye. Motion passed 5/0/0
Mayor Harrison read the title aloud.
Mr. Falotico moved to approve Ordinance 2007 on its third reading by title only. Mr. Rojek seconded. All voted aye. Motion passed 5/0/0
City Council 10/10/05 1
The Council allows citizens to speak to any issue during the first meeting of each month. Each speaker is asked to limit comments to three minutes. The Council does not respond or engage in discussion during this time.
Mickey Schneider – said the Council is playing games by postponing the Sunday Market discussion at the request of Charlotte Buchanan. She said the merchants are very angry and upset about the Market and the entire downtown situation, including empty shops. She wants the Market discussion back on tonight’s agenda and the Council to rethink its actions.
Linda Rogers – said vendors in the Sunday Market are not charging the proper sales tax rate. The season is May through October and the downtown parking spaces are needed for visitors. Friday, Saturday and Sunday are when visitors are here and they should have places to park.
J.D. Harris – said the deer situation in town is out of control. He has contacted the Arkansas Fish and Game Department about the situation and they don’t think they have to listen to anyone or find a solution to the problem. Too many people in Eureka Springs are feeding the deer.
Jo Lou Wilson – said she and her sisters have a buyer for their mother’s house at 52 Wall St. by S. Nebo St. runs through the porch and they want the street vacated and the property deeded to them so they can get a clear title to the property.
Marian Curry – thanked the Council for taking time to deal with the S. Nebo St. issue but she also expressed her displeasure at having to deal with the stress of the situation. When her parents bought the property 60 years ago, they didn’t need a survey and never got one. She wants the Council to close the road.
Kathleen Terrill – said she supports her sisters’ comments. Her father thought he owned part of a spring reservation but the survey shows the city’s property line around the spring. They have a contract on her parents’ property. They have no money and the property insurance is due.
Darlene Schrum – said the owners of retail shops in Eureka Springs are against taking away downtown parking spaces. The Sunday Market does not help her business. In 31 years she has never seen so many empty downtown shop spaces. The Market should be moved to a weekday or to a different location.
Dr. Dan Bell – announced the opening of a free clinic in November for low-income, uninsured persons. It is a faith-based operation, starting on a shoestring with approximately 100 volunteers and physicians, nurse practitioners and pharmacists participating. The offices are currently in the Faith Christian Church on Hwy. 23 south. The goal is to have a freestanding facility within two years. Five years ago, there were five of these clinics in Arkansas, now there are 40.
Frank Green Jr. – said he supports the request of the Terrill family to close the portion of S. Nebo St. that runs through their property. He encouraged the Council to take care of similar situations.
Kamal Attwall – said he wants to see if the Council will postpone the discussion of the Sunday Market if he can’t come to the next meeting. He doesn’t think it is fair to
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Council 10/10/05 2
let one person change the dates. He wants the downtown parking spaces to be for parking, not the Market. Festivals can have the spaces but not flea markets. The merchants pay taxes, insurance and rents all year. It is not fair to let the Market operate on city property for part of the year.
Michelle McDonald – said Eureka Springs doesn’t come with a housewarming, sometimes it comes with a lynching. Downtown is not the best location for the Sunday Market. Everyone should try to work something out. Europe has the same parking problems. We should concentrate on the Christmas season and do an incredible Christmas. Her brown Siamese cat is missing.
Marjie Anderson – said the Sunday Market should be relocated, perhaps on Grand Avenue on property owned by the (Martin and Elise) Roenigks or on the City’s free parking lot on North Main or on Highway 23. She said the merchants at the Market are not contributing to the city’s tax base. She would like to see the Market kept to working artists, without booths with Dillard’s representatives selling manufactured goods.
Kathryn Greenlee - said the Council had instructed Charlotte (Buchanan) to shuttle vendors from outlying parking areas to the Market, but the vendors are using the Epley parking lot next door. The shops here are a cut above everyone else. People who come here don’t want to walk because of the tents in the parking lot. It doesn’t bring people in. If it does, then move it to Wednesday.
David Wheeler – Ms. Sell read a statement from Mr. Wheeler regarding the availability of flu vaccine here. He wrote that hospital employees are taking bio-terrorism training. He wrote, “Almost all cases of avian influenza that have been confirmed since 1997 have occurred in Asia. While the chances are low that this strain will affect us, please be assured that we are ready, willing and able to act as needed and will work in conjunction with the CDC if the H5N1 strain is identified in our area.”
The Council meeting resumed at 7:45 p.m.
Sept. 12 – Mr. Rojek moved to approve the minutes of Sept. 12 as presented. Ms. Weaver seconded. All voted aye. Motion passed 5/0/0
Sept. 26 – Mr. Rojek moved to approve the minutes of Sept. 26 as presented. Ms. Weaver seconded. All voted aye. Motion passed 5/0/0
COMMISSION,
COMMITTEE, AUTHORITY REPORTS AND
VACANCIES:
Hospital Commission – Position 6 – Expires 9/7/05
Historic District Commission – Position 3 and Position 5, both expire 11/30/05
Mayor Harrison nominated Frank Green Jr. to Position 3 and said Constance Schrader had agreed to stay in Position 5 until a replacement could be appointed.
CAPC – Position 4 – Expires 6/30/08
Planning Commission – Seat 3 – Expires 7/1/05
City
Council 10/10/05 3
DEPARTMENT &
COMMISSION REPORTS:
Police, Transit, Public Works, HDC,
Building Official/Harmon Park Community Building.
Police – Ms. Sell read aloud the report from the Police Department. Chief Earl
Hyatt noted five reserve officers have been added to the department: Griggs
Covington, Adam Biosatt, Garrett Levine, Wes Beaver and Will Gladden.
Transit – Ms. Sell read
aloud the transit report. The annual hearing on routes, fares and hours will be
at 5 p.m. Tuesday, Oct. 11. Jimmy Jones has donated a considerable amount of
old cut limestone for the retaining walls to be built in the Planer Hill Park
and Ride Lot. Trolley service is now year around.
Public Works – Mayor Harrison
said she has all of the plans and submittals for the new waste treatment plant
and will be taking them to a consulting engineer in Fayetteville this week for
review in preparation for presentation to the Arkansas Department of
Environmental Quality (ADEQ) as soon as possible. Mr. Berry asked for a revised
cost estimate of the project to make sure it is within the proposed budget.
HDC- Ms. Sell reported
Certified Local Government (CLG) Coordinator Glenna Booth is in Ohio this week
at a seminar for craftsmen who work in the old building trades. She has
recently returned from a National Trust for Historic Preservation meeting in
Portland, Ore. Both trips were paid for by scholarships from the Arkansas CLG
program. She is hoping to get a grant to fund seminars for craftspeople in the
spring to demonstrate the skills she saw during the Ohio trip. New local
guidelines and applications are on the city’s website.
Building Official/Harmon
Park Community Building – Mayor Harrison read the reports from the Building
Official. He has not gotten any requests to inspect any equipment for the
Harmon Park Building.
Mr. McClung moved to take a break at
8:20 p.m. Ms. Weaver seconded. The meeting resumed at 8:30 p.m.
Mr. McClung asked that New Business Item #1 be moved up on the agenda to accommodate people attending the meeting. Mr. Rojek seconded. All voted aye. Motion passed 5/0/0
NEW BUSINESS:
1. Discussion of Ordinance #2006,
regarding a request to vacate portions of S. Nebo St. and McElyeu St. (McClung)
Mr. McClung presented a survey of the Terrill property at and around 52
Wall St. S. Nebo St. goes through the property and through the front of the
house. He said the family has occupied the property since the 1940s. There was
no survey of the property at that time. He said Public Works Director Robert
Forest and Parks Director Bruce Levine have examined the property and recommend
closing part of S. Nebo and McElyeu streets.
Mr. Weaver said the Council needs an
ordinance to take back the property from the Parks and Recreation Commission
because it is a designated green zone before it can vacate the streets.
City Council 10/10/05 4
Mr. Falotico moved to have an
ordinance prepared to take a portion of S. Nebo, as named in Ordinance 2006,
from the Parks and Recreation Commission and to place the property under the
authority of the City Council. Mr. Rojek seconded. Four voted aye. Mr. McClung
abstained. Motion passed 4/0/1
Mr. McClung distributed a revised
copy of Ordinance 2006, describing the property to be vacated.
OLD BUSINESS:
1. Discussion of Ordinance #2004, regarding creation of Finance Department/Director
position. 2nd and 3rd readings (Falotico, Blankenship)
Mr. Falotico moved to suspend the rules and place Ordinance 2004
on its second reading by title only. Mr. Rojek seconded. By roll call, five
voted aye. Motion passed 5/0/0
Mayor Harrison read the title aloud.
Mr. Falotico moved to approve
Ordinance 2004 on its second reading by title only. Ms. Weaver seconded.
Mr. Berry moved to amend the
ordinance by adding “Review vouchers for every expenditure of city funds. The
director shall be held responsible for determining that such voucher is in
accordance with the approved budget and all ordinances of the city council.”
Mr. Falotico seconded. Five voted aye. Motion passed 5/0/0
On the motion to approve Ordinance
2004 as amended on its second reading by title only, all voted aye. Motion
passed 5/0/0
Mr. Falotico moved to suspend the
rules and place Ordinance 2004 on its third reading by title only. Mr. McClung
seconded. By roll call, five voted aye. Motion passed 5/0/0
Mayor Harrison read the title aloud.
Mr. Falotico moved to approve
Ordinance 2004 on its third reading by title only. Mr. Rojek seconded. By roll
call, five voted aye. Motion passed 5/0/0
Mr. Falotico moved to read the
emergency clause. Mr. Rojek seconded. All voted aye. Motion passed 5/0/0
Mayor Harrison read the emergency
clause aloud.
NEW BUSINESS:
1. Discussion of Ordinance #2008 authorizing jurisdiction of the
City Council over a portion of property known as S. Nebo St. and an unnamed
street McElyeu.
Mr. Falotico moved to place
Ordinance 2008 on its first reading. Mr. Berry seconded. Four voted aye. Mr.
McClung abstained. Motion passed 4/0/1
Mr. Weaver read Ordinance 2008
aloud.
Mr. Falotico moved to approve
Ordinance 2008 on its first reading. Mr. Rojek seconded. Four voted aye. Mr.
McClung abstained. Motion passed 4/0/1
Mr. Falotico moved to suspend the
rules and place Ordinance 2008 on its second reading by title only. Mr. Rojek
seconded. By roll call, four voted aye. Mr. McClung abstained. Motion passed
4/0/1
Mr. Weaver read the title of
Ordinance 2008 aloud.
City Council 10/10/05 5
Mr. Falotico moved to approve Ordinance 2008 on its second reading by
title only. Mr. Rojek seconded. Four voted aye. Mr. McClung abstained. Motion
passed 4/0/1
Mr. Falotico moved to suspend the
rules and place Ordinance 2008 on its third
reading by title only. Mr. Rojek seconded. By roll call, four voted aye.
Mr. McClung abstained. Motion passed 4/0/1
Mr. Weaver read the title of
Ordinance 2008 aloud.
Mr. Falotico moved to approve Ordinance 2008 on its third reading by
title only. Mr. Rojek seconded. Four voted aye. Mr. McClung abstained. Motion
passed 4/0/1
Mr. Falotico moved to read the
emergency clause. Mr. Rojek seconded.
Bill Earngey said an emergency
clause could not be used just to hurry something along. He said the issue
should go to the Planning Commission for consideration and a recommendation for
action within the city’s land use plan.
Mr. Falotico called for the question
to stop discussion. Mr. Rojek seconded. Five voted aye. Motion passed 5/0/0
On the motion to read the emergency
clause, four voted aye. Mr. McClung abstained. Motion passed 4/0/1
Mr. Weaver read the emergency
clause.
2. Discussion of Ordinance #2006 to vacate a portion of S. Nebo St.
Mr. Berry moved to place Ordinance
2006 on its first reading. Mr. Rojek seconded. Four voted aye. Mr. McClung
abstained. Motion passed 4/0/1
Mayor Harrison read Ordinance 2006
aloud.
Mr. McClung suggested the sum of
$400 be put in as the sum paid to the City.
Mr. Rojek moved to approve Ordinance
2006 on its first reading. Ms. Weaver seconded. Four voted aye. Mr. McClung
abstained. Motion passed 4/0/1
Mr. Rojek moved to suspend the rules
and place Ordinance 2006 on its second reading by title only. Mr. Berry
seconded. By roll call, four voted aye. Mr. McClung abstained. Motion passed
4/0/1
Mayor Harrison read the title of
Ordinance 2006 aloud.
Mr. Rojek moved to approve Ordinance
2006 on its first reading. Mr. Berry seconded. Four voted aye. Mr. McClung
abstained. Motion passed 4/0/1
Mr. Rojek moved to suspend the rules
and place Ordinance 2006 on its third reading by title only. Mr. Falotico
seconded. By roll call, four voted aye. Mr. McClung abstained. Motion passed
4/0/1
Mayor Harrison read the title of
Ordinance 2006 aloud.
Mr. Rojek moved to approve Ordinance
2006 on its first reading. Mr. Falotico
seconded. Four voted aye. Mr. McClung abstained. Motion passed 4/0/1
Mr. Falotico moved to send the
proposed vacation of the remainder of S. Nebo and McElyeu to the Planning
Commission for a recommendation, similar to the one forwarded from the Parks
and Recreation Commission. Ms. Weaver seconded. All voted aye. Motion passed
5/0/0
City Council 10/10/05 6
COUNCIL COMMENTS:
Mr. McClung said he was
disappointed to hear that Public Works Director Robert Forrest is moving on. He
said he did a lot of good things here in town and it is unfortunate that we are
losing him. He wanted to encourage the Public Works crew to proceed with
replacing and installation of Christmas lights.
Mr. McClung said there was another
company interested in bidding on the bond refinancing project. He asked the
Mayor why she had not talked to the individual or sent the information she had
said she would send.
Mayor Harrison said she had talked
with the individual and the bonding company used gave the city the best return.
Mr. Falotico asked for the
line item budget adjustment from the department heads. He asked how many
department heads had their 2006 budgets ready for review, including a 5 percent
cut from this year’s budget. He asked about the start of construction on
Highway 62 west. He wants the Parks and Recreation Commission and Planning
Commission to work on the Green Zone ordinance to get matters similar to the
one tonight taken care of.
Mr. Berry said he wants to
see the cost estimates and time lines on the waste treatment plant project. He
wants updates at each Council meeting on the progress of the project.
Ms. Weaver wished the city
attorney a happy 40th birthday tomorrow.
MAYOR’S COMMENTS:
Mayor Harrison asked for those
persons interested in the Sunday Market to return at the next meeting. She said
Ms. Buchanan had a scheduling conflict and could not attend tonight’s meeting.
She is looking forward to the approval of the waste treatment plans by the
Arkansas Department of Environmental Quality (ADEQ) and the start of
construction on the waste treatment plant.
ADJOURNMENT:
Mr. Falotico moved to adjourn at
9:40 p.m. Mr. Rojek seconded. All voted aye. Motion passed 5/0/0
This is the signature page for the
minutes of the Oct. 10 City Council meeting.
_________________________________
Mayor
Kathy Harrison
_________________________________
City Clerk-Treasurer
Mary Jean Sell
City Council 10/10/05 7