CITY OF EUREKA SPRINGS

CITY COUNCIL

REGULAR MEETING                              MONDAY                             JULY 9, 2007

            Mayor Dani Wilson called the regular meeting of the Eureka Springs City Council to order at 6 p.m. Monday, July 9, 2007, in the jury room on the second floor of the Western District Carroll County Courthouse.

 

PRESENT: Mayor Dani D. Wilson, Aldermen Patrick Brammer, Charlotte Buchanan, Rae Hahn, Kathy Harrison, Eric Scheunemann, Joyce Zeller, City Attorney Tim Weaver and City Clerk-Treasurer Mary Jean Sell.

 

PLEDGE OF ALLEGIANCE TO THE FLAG:

            Mayor Wilson led the Pledge of Allegiance to the Flag.

 

            Mayor Wilson read aloud a statement saying she is establishing a Tourism Task Force to begin a coordinating effort to bring positive publicity to the town and to increase tourism. She asked citizens to help reach compromise and consensus, to bridge gaps in communication, and to coordinate efforts for maximum effectiveness.

 

APPROVAL OF THE AGENDA:

            Ms. Harrison moved to approve the agenda. Mr. Brammer seconded.

            Ms. Harrison asked to add a discussion of the Mayor’s veto of Ordinance 2051 regarding taxicabs and limousines as New Business Item #3.

            Ms. Hahn asked to add a discussion of Ordinance 2047 regarding demolition by neglect as New Business Item #4.

            On the motion to approve the agenda as amended, all voted aye. Motion passed 6/0/0

 

APPROVAL OF THE MINUTES: Special meeting, regular meeting June 11, 2007, regular meeting June 25, special meeting June 29

            June 11 – Mr. Brammer moved to approve the minutes of the regular City Council meeting of June 11, 2007. Ms. Harrison seconded.

            Ms. Harrison corrected the typographical mistake on Page 3 in the discussion of Ordinance 2051.

            Mr. Scheunemann said the Landaker property owner lives in Missouri, not Kansas as stated on Page 1.

            On the motion to approve the minutes of June 11 as amended, all voted aye. Motion passed 6/0/0

            June 11 - Mr. Brammer moved to approve the minutes of the special City Council meeting of June 11, 2007. Ms. Harrison seconded. All voted aye. Motion passed 6/0/0

  Ms. Harrison seconded. All voted aye. Motion passed 6/0/0

            Ms. Hahn asked about adding information to minutes of the special meeting of June 7.

            June 29 – Mr. Brammer moved to approve the minutes of the regular City Council meeting of June 29, 2007. Ms. Zeller seconded.

            Mr. Brammer said Mr. Scheunemann’s name should be added to the bottom of Page 1.

            On the motion to approve the minutes of June 29 as amended, all voted aye. Motion passed 6/0/0                                                                        City Council     7/09/07                 1

            June 25 - Mr. Brammer moved to approve the minutes of the regular City Council meeting of June 25, 2007. Ms. Zeller seconded.

            Ms. Harrison and Ms. Hahn disagreed that the reading of Ordinance 2047 regarding demolition by neglect was the third reading.

            Mr. Brammer said he wanted  “Mr. Brammer asked attorneys Weaver, Crow and Williams if Ordinance 2051 does or does not fall under the Sherman and Clayton Antitrust Laws. Mr. Weaver said: somewhat, yes advised to similarity, no to ordinance. Williams said: Not necessarily, but the ordinance is in need of work. Crow said: No, we have the power to regulate transportation under state statute.” to be included in the discussion of Ordinance 2051 on Page 2.

            On the motion to approve the minutes of June 25 as amended, all voted aye. Motion passed 6/0/0

 

DEPARTMENT HEAD AND COMMISSION REPORTS:  None

 

PUBLIC COMMENTS:

            Jeff Feldman, president of the Greater Eureka Springs Chamber of Commerce, said he wanted to give the Council a “heads up” of efforts to build a festival around the Corvette Weekend, the first weekend in October. No funding will be asked from the CAPC (City Advertising and Promotion Commission) and individual businesses participating will take care of their own permits and banners for the event.

            James DeVito read aloud part of a newspaper article about a study funded by the Winthrop Rockefeller Foundation to look at the economic impact of creative industries. He said he will continue to encourage the Council to develop the proposed Arts and Cultural District along North Main.

            Bill King read aloud a statement regarding the current proposed Ordinance 2053 adopting new state legislation, creating a new CAPC and setting the gross receipts tax rate. He suggested the city adopt the existing A.C.A. 26-75-601, the enabling legislation used by every other A&P in the state. He presented an ordinance based on that state law.

 

COMMISSION, COMMITTEE, AUTHORITY REPORTS AND VACANCIES:

Cemetery - Position 5, expiring 2/15/08

CAPC – All positions are open pending creation of new Commission   Mayor Wilson nominated Alvin Byrd as a gift shop representative, Richard Grinnell and Lynn Bridwell to represent lodging, and James DeVito to represent restaurants.

Parks – Position #2, expiring 5/1/08

 

OLD BUSINESS:

            1. Discussion of Ordinance 2050 regarding adoption of Municipal Code (3rd  reading)

            Mr. Brammer moved to suspend the rules and place Ordinance 2050 on its third reading by title only. Ms. Zeller seconded. By roll call, five voted aye. Ms. Harrison voted no. Motion passed 5/1/0

            Ms. Sell read the title of Ordinance 2050 aloud.

            Mr. Brammer moved to approve the third reading of Ordinance 2050 by title only. Ms. Zeller seconded.

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            Ms. Hahn said she wanted to ask some questions about Ordinance 2047 regarding demolition by neglect. She wanted copies of Ordinance 1022 distributed to the Council members.

            Ms. Sell said the copy of Ordinance 1022 is a copy and is not signed by any city officials or dated for the date of passage. She said she would need some time to authenticate the language of what Ms. Hahn has.

            Mr. Weaver said he did not recommend the final adoption of the ordinance because of questions that have been raised about the ordinance and the code with Municipal League, who produced the proposed book. He suggested Municipal League Attorney David Schoen be invited to the next Council meeting to deal with the questions.

            Ms. Harrison moved to postpone the vote on the motion to approve the third reading of Ordinance 2050. Mr. Brammer seconded. All voted aye. Motion passed 6/0/0

 

            2. Discussion of proposal to purchase Landaker Hotel property on North Main St.

            Mr. Scheunemann said he thought the Council is waiting to complete the mid-year budget review “and waiting on the outcome of the special bond election vote on Aug. 14”  before further discussing the purchase of the land.

            Mr. Scheunemann moved to postpone the discussion to the second meeting of August. Ms. Harrison seconded. All voted aye. Motion passed 6/0/0

 

            3. Discussion of Ordinance 2053 regarding City Advertising and Promotion (CAPC) membership and levying the two percent gross receipts tax. (2nd reading vote, 3rd reading)

            Mr. Brammer moved to open discussion. Ms. Zeller seconded.

            There was some discussion about the proposed tax rate, who would be the collectors, and whether or not to consider Mr. King’s proposed ordinance.

            Richard Grinnell said he was not opposed to adopting the old state ordinance. He said the CAPC had asked the legislature to include the bed and breakfasts and tourist lodgings in the lodging category and that had not been done. He asked for a real fiscal analysis of the figures for changing the collectors.

            Ms. Harrison read aloud figures for CAPC collections from gift shops for the past several years. She said gift shops could not take the hit of a two percent tax and remain in business.

            Ms. Zeller read aloud from the A.C.A. 26-75-605 regarding an at-large (out of the city resident) to serve on the CAPC.

            Bill King said any city of the first class could adopt the other state code regarding the A&P and collection of the gross receipts tax.

            Karen Lindblad said she is opposed to any additional tax on retail. There is no guarantee of income from a retail tax as there is from the lodging or restaurant tax. It is important to keep tax rates as low as possible and to advertise any lowering of taxes. She appreciates the work the Council has done on this issue.

            There was additional discussion.

            Ms. Harrison called the question to stop discussion. Ms. Buchanan seconded. All voted aye. Motion passed 6/0/0

            On the motion to approve the second reading of Ordinance 2053 by title only, Ms. Zeller and Mr. Brammer voted aye. Four voted no. Motion failed 2/4/0

 

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            Ms. Harrison moved to place Mr. King’s ordinance, #2060, on its first reading. Mr. Scheunemann seconded. By roll call, five voted aye. Mr. Brammer voted no. Motion passed 5/1/0

            Ms. Sell read the ordinance aloud.

            Ms. Harrison moved to approve Ordinance 2060 on its first reading. Mr. Scheunemann seconded.

            During discussion, Mr. Weaver pointed out two conflicts with local procedures already in place. Council members asked him to tweak the ordinance to eliminate the conflicts.

            On the motion to approve the first reading of Ordinance 2060, five voted aye. Mr. Brammer voted no. Motion passed 5/1/0

 

            Ms. Hahn moved to take a break at 7:40 p.m. Mr. Scheunemann seconded. All voted aye. Meeting resumed at 8 p.m.

 

            4. Discussion of Ordinance 2047 regarding demolition by neglect.

            There was some discussion as to whether Ordinance 2047 was approved on its second or third reading during the regular meeting of June 25. Ms. Harrison said it was moved for approval as the second reading.

Ms. Sell had noted in the minutes from the June 25 meeting that the ordinance had been read and approved on April 23 and June 11.

            Ms. Hahn moved to reconsider Ordinance 2047 to review changes. Mr. Scheunemann seconded. By roll call, four voted aye. Mr. Brammer and Ms. Zeller voted no. Motion passed 4/2/0

            Ms. Hahn distributed copies of Ordinance 1022. Ms. Sell said that the document being distributed was not signed or dated as having been passed by the City Council. She said she would compare the text with the published ordinance to authenticate it.   

Mr. Brammer moved to postpone discussion to give Ms. Sell time to authenticate the ordinance and to invite Certified Local Government (CLG) Coordinator Glenna Booth to the next meeting. Ms. Zeller seconded. Five voted aye. Ms. Harrison voted no. Motion passed 5/1/0

 

NEW BUSINESS:

1. Discussion of Ordinance 2058 correcting description of C-3 zone on White Street.

Ms. Sell said there had been a typographical error in the description of the area to be rezoned in Ordinance 1308, passed and approved June 28, 1988. Block 37 along White Street was identified as Block 87 which is along Vaughn St.

Penny Carroll said she now has a license to operate a tourist lodging, based on Ordinance 1308 naming Block 87 as C-3, Quiet Use Commercial.

Mr. Weaver said the issue should go to the Planning Commission for a recommendation.

Mr. Scheunemann moved to send Ordinance 2058 to the Board of Zoning Adjustment for review and a recommendation. Mr. Brammer seconded. All voted aye. Motion passed 6/0/0

 

2. Discussion of Ordinance 2059 regarding increasing parking lot rental fees.

Mayor Wilson said the recommendation for the increase in rental rates for the city-owned parking spaces from $3 per space per day to $5 came from the city’s department heads.

 

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            Mr. Brammer moved to place Ordinance 2059 on its first reading. Mr. Scheunemann seconded. By roll call, Mr. Scheunemann, Ms. Zeller and Mr. Brammer voted aye. Ms. Hahn, Ms. Buchanan and Ms. Harrison voted no. Mayor Wilson voted aye. Motion passed 4/3/0

            Mayor Wilson read Ordinance 2059 aloud.

            Mr. Brammer moved to postpone the vote and to have department heads explain their thinking about the rate increase. Mr. Scheunemann seconded. All voted aye. Motion passed 6/0/0

 

            3. Discussion of Mayor’s veto of Ordinance 2051 regarding taxis.

            Mayor Wilson read her veto of Ordinance 2051 aloud. (Copy attached to original minutes.)

            Ms. Hahn moved to override the veto. Ms. Harrison seconded.

            There was discussion.

            Mr. Brammer called for the question to stop discussion. Ms. Zeller seconded. Mr. Brammer and Ms. Zeller voted for. Four voted no. Motion failed 2/4/0

            Discussion continued.

            Mr. Scheunemann suggested a committee be formed to review the ordinance, particularly those points covered in the Mayor’s veto. Ms. Buchanan and Ms. Hahn volunteered to work with the committee.

            Kent Crow, attorney for David White, current taxi operator, said the ordinance was only supposed to be a basis for discussion. He said there have been no offers to make any changes to the ordinance from any quarter.

            On the motion to override the veto, by roll call, four voted aye. Mr. Brammer and Ms. Zeller voted no. Motion passed 4/2/0

            Mr. Scheunemann moved to reconsider Ordinance 2051. Ms. Buchanan seconded. Four voted aye. Mr. Brammer and Ms. Zeller voted no. Motion passed 4/2/0

            Mr. Scheunemann asked that a discussion of Ordinance 2051 be on the next agenda.

 

AGENDA SETTING:

            Mr. Scheunemann moved to set a mid-year budget review meeting for 4 p.m. Monday, July 23, prior to the regular Council meeting at 6 p.m. Council members agreed.

 

CITY COUNCIL COMMENTS:

            Ms. Harrison asked questions about the travel, training and dues line item in the budget and the allocation for Council members to attend the summer Municipal League meeting in Hot Springs. She said there was enough money in the line item for everyone to attend the meeting.

            Mr. Scheunemann asked that the Highway 62 West discussion of the bridge construction project be put on the next agenda.

            Ms. Buchanan read a statement from Patti Corcelli regarding the taxi ordinance.

            Ms. Hahn said she believes in accentuating the position and there is too much discussion for those people against things. She wants to see some advertisement for the special election (for a bond issue to complete construction of the wastewater treatment plant) so people will know it is coming. She wished her granddaughter a happy birthday.

 

MAYOR’S COMMENTS:

            Mayor Wilson read aloud a list of upcoming events. She also displayed a plaque from American Style magazine.                                                           City Council   7/09/07                  5

ADJOURNMENT:

            Ms. Hahn moved to adjourn at 9:35 p.m. Ms. Buchanan seconded. All voted aye. Motion passed 6/0/0

 

            This is the signature page for the minutes of the regular Eureka Springs City Council meeting of July 9, 2007.

 

                                                                                    ________________________________

                                                                                                Mayor Dani D. Wilson

________________________________

City Clerk-Treasurer Mary Jean Sell

 

 

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