CITY COUNCIL
REGULAR MEETING MONDAY OCTOBER 23, 2006
Mayor Kathy Harrison called the regular meeting of the Eureka Springs City Council to order at 6 p.m. Monday, Oct. 23, 2006, in the jury room on the second floor of the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison, Aldermen Beverly Blankenship, Robert “Butch” Berry, Terry McClung, Rick Rojek, City Attorney Tim Weaver, Public Works Director Jay Wilson, City Advertising and Promotion Commission (CAPC) Director Lynn Berry, Planning Commissioners Ed Leswig and Ken Pownall and City Clerk-Treasurer Mary Jean Sell. Aldermen Penny Carroll and Lori Weaver were absent.
PLEDGE OF ALLEGIANCE: Mayor Harrison led the Pledge of Allegiance to the Flag.
APPROVAL OF THE
AGENDA:
Mr. Berry asked to have a resolution written to remove parking meter fees
for downtown in December as New Business Item #3.
The agenda was approved as amended.
APPROVAL OF THE MINUTES: Oct. 9, 2006
Mr. McClung moved to approve the minutes of the Oct. 9, 2006, regular City Council meeting. Mr. Rojek seconded.
Mr. McClung said a correction is needed on Page 3, New Business Item #1, the portion of Fritz Street is between “blocks” 76 and 77, not “lots.”
Ms. Blankenship said a correction is needed in Page 2, water and sewer report from “reminded” to “said” and an updated current list of street repairs has been requested from Jay Wilson.
On the motion to approve the minutes as amended, all voted aye. Motion passed 4/0/0
COMMISSION,
COMMITTEE, AUTHORITY REPORTS AND VACANCIES:
Historic District Commission – 1 Position
CAPC – 1 Position
Planning Commission –2 Positions
No nominations were made.
DEPARTMENT &
COMMISSION REPORTS
CAPC, Fire/EMS, Cemetery, Planning, Parks, Financials
CAPC – Ms. Berry gave her monthly activity report. She introduced Georgette Garner, volunteer coordinator for the America In Bloom (AIB) program in Eureka Springs. They presented the special merit plaque and the award for winning in under 5,000 population to Mayor Harrison. The awards were presented to the city during the AIB National Symposium here in September. Ms. Garner thanked everyone who had helped with the project.
Planning – Ms. Sell read aloud the report from Chairman Leah Karnes. There will be a public hearing at 6 p.m. Tuesday, Nov. 14, on applications for rezoning property on Spring St.
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between Glenn Avenue/Ellis Grade and Grotto Spring from R-1, Victorian Residential, to C-3, Quiet Use; a tree removal permit; and a Planned Unit Development (PUD) of the area from Martin Roenigk. The hearing will be held in the courtroom on the third floor of the Western District Carroll County Courthouse, 44 S. Main.
Parks – Mr. Levine said the concession stand at Leatherwood Ball Fields is “dried in” and the seasonal staff is helping with construction. In the second round of bids for the lights for the Leatherwood Baseball fields, an acceptable bid has been submitted with a base cost of approximately $112,000. The Parks Commission has decided to put a concrete roof on the bathroom at Harmon Park to support the sod that will be placed over it. He is still working with Jay Wilson to develop a working agreement or contract for maintenance of the city’s parks.
Finance – Mayor Harrison read the report from Finance Director Kristi Rachel. Ms. Blankenship said an amendment to the 2006 budget is needed to adjust the Mayor’s professional legal services line item and the Police Department’s maintenance line item. Council members agreed to hold a budget workshop at 5 p.m. Monday, Nov. 27, prior to the regular meeting.
NEW BUSINESS:
1. Discussion of Ordinance 2030 taking a
portion of Fritz Street out of Green
Zones.
Mr. McClung moved to place Ordinance 2030 on its first reading. Mr. Berry seconded. All voted aye.
Mayor Harrison read Ordinance 2030 aloud.
Mr. Berry moved to approve Ordinance 2030 on its first reading. Mr. Rojek seconded.
Mr. McClung said he would rather vacate the entire portion of Fritz Street, north of Summit, rather than just a portion.
Mr. Leswig said there are some concerns from the utility companies about easements and they have asked that the entire street not be vacated.
Mr. Levine said the vacation of the portion of the street where Mr. Wilson’s chimney and deck are located is recommended because of the encroachment of the structures into the “street.” The Parks Commission recommends leasing the portion of the street being used for parking.
On the motion to approve Ordinance 2030 on its first reading, all voted aye. Motion passed 4/0/0
2. Discussion of Resolution 534, requesting changes in enabling legislation for the CAPC.
(Note: Council voted to read the resolution during the Oct. 9 regular meeting, but postponed the vote on reading the resolution until corrections could be made.)
Karen Lindblad asked the Council to remove the portion of the resolution changing “gift shops” to “retail.” She said the increased tax collection for all of retail would have a negative impact on business. She is concerned about the rising cost of gasoline and visitors’ ability to get here to purchase items with an increased tax.
Ms. Blankenship said the recommendation for the change is to try to be fair to all businesses, not just single out some as tax collectors.
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Mr. McClung said changes in the enabling legislation would still give the city options to decide who should collect the tax.
On the motion to read Resolution 534, all voted aye. Motion passed 4/0/0
Mayor Harrison read Resolution 534 aloud.
NEW BUSINESS:
2. Discussion of Ordinance 2027, signs, as recommended by the Planning
Commission.
Ms. Blankenship moved to place Ordinance 2027 on its first reading. Mr. Rojek seconded. All voted aye. Motion passed 4/0/0
Mayor Harrison, Mr. McClung, Ms. Blankenship, Mr. Rojek, Mr. Berry and Ms. Sell read portions of the 19 pages of ordinance and appendices aloud until it was finished.
Mr. McClung moved to approve Ordinance 2027 on its first reading, Ms. Blankenship seconded.
Mr. McClung moved to amend Appendix 7(B)X from “Product advertisement is not allowed” to “Product advertisement may be allowed if approved by the City Council.” Ms. Blankenship seconded. All voted aye. Motion passed 4/0/0
Ms. Blankenship moved to amend Appendix 7(B)X changing approval of banners in the public right-of-way from the City Council to Mayor or City Clerk. Mr. Rojek seconded. All voted aye. Motion passed 4/0/0
Mr. McClung moved to remove Section W from Appendix 7(B) because it is a repetition. Mr. Rojek seconded. All voted aye. Motion passed 4/0/0
Mr. McClung moved to remove the last sentence of Appendix 7(B) Section R because it is repeated in Section S. Mr. Berry seconded. All voted aye. Motion passed 4/0/0
Mr. Berry asked if a size for the going out of business or relocating banners or signs referred to in Appendix 7(B) K had been recommended. Council agreed to refer the question to the Planning Commission for a recommendation.
Mr. Berry moved to amend Appendix 7(C) (3) to include “and Appendix 7(B)” between Appendix (A) and Subsections (F) & (G). Ms. Blankenship seconded. All voted aye. Motion passed 4/0/0
Ms. Blankenship moved to delete the first reference to Reader Board signs in Appendix 7(A) and combine the definition with the Attraction sign definition. Mr. Rojek seconded. All voted aye. Motion passed 4/0/0
Ms. Blankenship moved to amend Appendix 7(B) Z to say “Hwy 23 south of the junction of Hwy 62 and 23 South.” Mr. Rojek seconded. All voted aye. Motion passed 4/0/0
Mr. Berry moved to include the words “Lucky 13 Cinema painted screen with curtains” in Appendix 7(D) Painted Murals and Wall (Ghost) Signs under 6&8 Main Street. Mr. Rojek seconded. All voted aye. Motion passed 4/0/0
Ms. Blankenship moved to amend Appendix 7(A) definition of Temporary sign to include, at the end of the sentence, “but does not apply to Real Estate Signs.” Mr. Rojek seconded. All voted aye. Motion passed 4/0/0
On the motion to approve the first reading of Ordinance 2027 as amended, all voted aye. Motion passed 4/0/0
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3.
Discussion of having a resolution written to remove the fee for parking meters
on Spring and Main Streets in December of 2006.
Mr. Berry moved to have a resolution written to remove the parking meter fees for Spring and Main Streets Monday through Thursday, as has been done in the past. Mr. McClung seconded. All voted aye. Motion passed 4/0/0
COUNCIL COMMENTS:
Ms. Blankenship thanked Don E. Allen, Parks gardener, for his work and planting of mums and placement of pumpkins at the top of Planer Hill (intersection of Hwy. 62 and 23) and through the city’s parks. She asked everyone to get out and vote Nov. 7.
Mr. Berry thanked the Planning Commission for the years of work and the wonderful job on the new sign ordinance.
MAYOR’S COMMENTS:
Mayor Harrison announced up-coming candidates’ and ballot question forums.
ADJOURNMENT:
Mr. Berry moved to adjourn at 9:10 p.m. Mr. Rojek seconded. All voted aye. Motion passed 4/0/0
This is the signature page for the minutes of the regular Eureka Springs City Council meeting Monday, Oct. 23, 2006.
_________________________________
Mayor Kathy Harrison
_______________________________
City Clerk-Treasurer Mary Jean Sell
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