CITY COUNCIL
REGULAR
MEETING MONDAY APRIL 12, 2004
Mayor Kathy Harrison called the
regular meeting of the City Council to order at 6:05 p.m. Monday, April 12, in
the jury room of the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch” Berry, Penny Carroll, Karen Lindblad, Gayle Money, Bill
Ott and Earl “Bud” Umland, City Attorney Tim Weaver, mayor’s assistant Brenda Spencer, Building
Official Randy Mills, and City Clerk Mary Jean Sell.
Mayor Harrison led the Pledge of
Allegiance to the Flag.
Ms. Money moved to approve the
agenda. Mr. Umland seconded.
Ms. Money said she was very angry
that the Department Head Comments had been deleted from the agenda because it
was a long agenda. She said the entire council should vote to delete that
portion of the agenda, not just one council member.
Mr. Umland and Mr. Ott joined her in
requesting that the whole council vote on department head comments, not just
one council member.
Ms. Carroll apologized, saying she
didn’t realize someone would think she was speaking for the whole council when
she asked to have the department head comments taken off the agenda because it
makes meetings too long.
Ms. Money said item #4 of Old
Business, a discussion of Ordinance 1948, should be postponed because the
ordinance is not ready.
On the motion to approve the agenda,
all voted aye. Motion passed 6/0/0
APPROVAL OF THE MINUTES: March 10, 2004 March 22,
2004 March 29, 2004
Ms. Money moved to approve the
minutes of the March 10 regular
council meeting. Ms. Carroll seconded. Ms. Money noted a correction on Page 5,
item #5 regarding the sale of alcohol in the auditorium. All voted aye on the
minutes with the correction. Motion passed 6/0/0
Ms. Money moved to approve the
minutes of the March 22 regular
council meeting. Ms. Lindblad seconded. Ms. Money noted a change on Page 3. All
voted aye on the minutes with the correction. Motion passed 6/0/0
Ms. Money moved to approve the
minutes of March 29 as
presented. Ms. Carroll seconded. All
voted aye. Motion passed 6/0/0
Ms. Money moved to approve the application of Southern Pride Carriage Tours for a 2004 franchise. Mr. Umland seconded.
City
Council 4/12/04 1
Ms. Money asked Mr. Weaver if the
council could approve the three existing franchises and add a fourth.
Mr. Weaver said the city’s Municipal
Code allows for three franchises. A fourth could be added by amending the city
ordinance.
Jeff Slaton, attorney for Ray Dotson
of Springdale, made a presentation on Mr. Dotson’s behalf, saying he had filled
out all of the appropriate paperwork and obtained a city business license to
operate an animal-drawn franchise in March of 2003 in compliance with the
ordinance in effect at the time. The council did not allow a franchise for Mr.
Dotson at that time. He did not receive a refund for his $70 city business
license.
Mr. Slaton said Mr. Dotson has again
filled out all the appropriate paperwork, paid a $370 fee for a franchise and
would like to have one given to him.
Ms. Money said the routes Mr. Dotson
presented to the council in March 2003 differed from the routes Police Chief
Earl Hyatt had approved. At other times in the lengthy discussion, Mr. Ott and
Mr. Umland supported Ms. Money’s comments about the difference in routes.
Mr. Ott called the question to halt
discussion. Mr. Umland seconded. Five voted aye, Ms. Carroll opposed. Motion
passed 5/1/0
On the motion to approve a franchise
for Southern Pride Carriage Tours, five voted aye, Ms. Carroll opposed. Motion
passed 5/1/0
Ms. Money moved to approve Angel
Wings Carriages for a 2004 franchise. Ms. Lindblad seconded.
Ms. Carroll continued the discussion
of how the initial franchises were established and the council’s refusal of Mr.
Dotson’s request.
Mr. Ott called the question to halt
discussion. Mr. Umland seconded. Mr. Ott, Mr. Umland and Ms. Money voted aye.
Mr. Berry, Ms. Carroll and Ms. Lindblad voted nay. The vote to end discussion
failed for lack of a majority vote.
On the motion to approve a franchise
for Angel Wings Carriages, all voted aye. Motion passed 6/0/0
Ms. Money moved to approve Olden
Days Carriage for a 2004 franchise. Ms. Lindblad seconded. All voted aye.
Motion passed 6/0/0
Mayor Harrison told Mr. Slaton and
Mr. Dotson that if Mr. Dotson could develop a carriage/stagecoach route that
would not overlap the other three routes and the council was willing to amend
the city code to include a fourth franchise, it could be open for him. She said
his application fees would be returned.
COMMISSION, COMMITTEE, AUTHORITY REPORTS AND VACANCIES
Planning Commission – Position 5 –
Expires 1/1/07
Planning Commission – Position 3 – Expires
7/1/05
Historic District Commission –
Position 7 – Expires 3/7/05
Hospital Commission – Position 5 –
Expires 6/1/07
Mayor Harrison asked for volunteers for the
positions to pick up applications at City Hall
City
Council 4/12/04 2
Mayor Harrison announced a workshop
at 5:15 p.m. Monday, April 19, in the courtroom on the third floor of the
courthouse. Public Works Director Robert Forrest will give a presentation on
the state of the city’s waste treatment plant, water and sewer lines, needs for
equipment and future planning.
Finance Director Diane Murphy
presented a change in the policy for the taking of bids on Certificates of
Deposit (CDs). Instead of telephoning area banks and asking for verbal quotes
on interest rates, requests will be made for sealed bids which will be opened
at a set time and place.
Ms. Money moved to approve the
change in policy. Mr. Berry seconded. All voted aye. Motion passed 6/0/0
Roger Miner, director of the Carroll
County Solid Waste (CCSW), presented a proposal for an 8 percent increase in
the rates for picking up trash in the city. He brought information about the
proposal to the council in March. The board of directors for CCSW approved the
8 percent increase March 12. He said Berryville’s City Council has approved the
increase.
Mr. Umland moved to approve a 4
percent increase this year. Ms. Money seconded. Mr. Miner asked that the motion
specify the rates will go into effect with the May 1 billing. Mr. Umland moved
to amend his motion to include the May 1 billing. Ms. Money seconded.
All voted aye on both. Motions
passed 6/0/0
Vision
– Ott, Lindblad, Harrison and Richie
Mayor Harrison said a meeting had been set then postponed at her
request.
Festival
– Umland, Buchanan, Farthing and
Harrison Mr. Umland urged the approval
of Ordinances 1951, 1952 and 1953.
Board
of Appeals – Berry, Mills Mr.
Berry said he believes potential members for the board have been lined up. He
had e-mailed the city attorney asking if an ordinance is needed to establish
the board and the position qualifications but has not gotten an answer. Mr.
Weaver said an ordinance is needed. Mr. Berry moved to have an ordinance
establishing a Board of Appeals written. Mr. Ott seconded. All voted aye.
Motion passed 6/0/0
Salary
and Personnel – Money, Murphy, Spencer and Harrison Ms. Money said she is meeting Wednesday
morning to work on job descriptions. She will have a report at the next council
meeting.
1.
Discussion regarding Ordinance #1944, an ordinance amending the 2004 budget. (3rd
reading)
Mr. Berry moved to suspend the rules
and place Ordinance 1944 on its third reading by title only. Mr. Ott seconded.
By roll call, all voted aye. Motion passed 6/0/0
Ms. Sell read the title aloud.
Ms. Money moved to approve Ordinance
1944 on its third reading by title only. Mr. Umland seconded. All voted aye.
Motion passed 6/0/0 City Council 4/12/04 3
2.
Discussion regarding Ordinance #1946, an ordinance on fill and excavation. (3rd
reading)
This ordinance was approved on its third and final reading during the March 22 regular council meeting.
3.
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. (2nd
reading)
Ms. Money moved to suspend the rules
and place Ordinance 1941 on its second reading by title only. Mr. Umland
seconded. By roll call vote, all voted aye. Motion passed 6/0/0
Mayor Harrison read the title aloud.
Ms. Money moved to approve Ordinance
1941 on its second reading by title only. Mr. Umland seconded. All voted aye.
Planning Commission Chairman Dan
Bennett said the commission has had a workshop to begin the process of
identifying areas suitable for rezoning to R-3. He said using land designated
as agriculture zones is not a good planning decision.
Mr. Berry said he was uncomfortable
having both agriculture and R-3 included in the new ordinance. He would prefer
to take out agriculture zones.
Ms. Money moved to table the
ordinance until the next meeting. Mr. Ott seconded. Mr. Bennett said his
commission has another workshop scheduled before the next council meeting but
it will still be some time before recommendations will be forthcoming.
All voted aye to table any further
action on the ordinance. Motion passed 6/0/0
Council members agreed to take a
break at 7:42 p.m. The meeting resumed
at 7:55 p.m.
3.
Discussion of Ordinance #1950, an ordinance regarding city regaining
jurisdiction of green space/alley connecting Owen and Mountain Street. (2nd
reading.)
Mr. Ott moved to amend the ordinance
to include an emergency clause. Ms. Money seconded. Mr. Ott voted aye, five
opposed. Motion failed 1/5/0
Ms. Money moved to suspend the rules
and place Ordinance 1950 on its second reading by title only. Mr. Berry
seconded. All voted aye. Motion passed 6/0/0
Mayor Harrison read the title aloud.
Ms. Money moved to approve Ordinance
1950 on its second reading by title only. Mr. Umland seconded. Five voted aye,
Ms. Lindblad opposed. Motion passed 5/1/0
Ms. Money moved to suspend the rules
and place Ordinance 1950 on its third reading by title only. Mr. Umland
seconded. Five voted aye, Ms. Lindblad opposed. Motion passed 5/1/0
Mayor Harrison read the title aloud.
Ms. Money moved to approve Ordinance
1950 on its third reading by title only. Mr. Umland seconded. Five voted aye,
Ms. Lindblad opposed. Motion passed 5/1/0
City Council 4/12/04 4
4.
Discussion of purchases by Eureka Kids with capital monies.
Mayor Harrison said she had questions from citizens regarding the spending of $900 on an LCD projector and purchases of a camcorder, digital camera and keyboard.
Eureka Kids Director Barbara Deschner
Dunnam said the figures on the mayor’s list were price quotes, not purchase
prices. All of the mention equipment is involved with the program’s video class
work and the on-going documentation of Harmon Park and Eureka Kids program.
There was a brief discussion of the
advisability of buying video equipment vs. building repairs. Ms. Dunnam said
she had just received a $1,000 grant that could be applied to the building
repairs.
5.
Discussion of Ordinance #1951, an ordinance amending Section 86-4 of the
Municipal Code regarding prohibited signs. (2nd reading)
Ms. Money moved to suspend the rules
and place Ordinance 1951 on its second reading by title only. Mr. Umland
seconded. By roll call, all voted aye.
Mayor Harrison read the title aloud.
Ms. Money moved to approve Ordinance
1951 on its second reading by title only. Mr. Umland seconded. All voted aye.
Motion passed 6/0/0
6.
Discussion of Ordinance #1952, an ordinance amending Section 18-276 of the
Municipal Code regarding the performance and sale of art on public property. (2nd
reading)
Ms. Money moved to suspend the rules
and place Ordinance 1952 on its second reading by title only. Mr. Um seconded.
By roll call, all voted aye. Motion passed 6/0/0
Mayor Harrison read the title aloud.
Ms. Money moved to approve Ordinance 1952 on its
second reading by title only. Mr. Umland seconded. All voted aye. Motion passed
5/0/0 Ms. Money had left the room.
7.
Discussion of Ordinance #1953, an ordinance amending Section 18-251 of the
Municipal Code regarding peddlers. (2nd reading.)
Mr. Umland moved to suspend the rules and place
Ordinance 1953 on its second reading by title only. Ms. Lindblad seconded. By
roll call, all voted aye. Motion passed 5/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance 1953 on its
second reading by title only, Mr. Umland seconded. All voted aye. 5/0/0
Ms. Money returned to the table.
8.
Discussion of the sale of alcohol in the City Auditorium.
Mr. Ott moved to have an ordinance written to cover
the sale of alcohol for all events in the City Auditorium based on Ordinance
1954 – Willie’s Ordinance. Ms. Money seconded.
Mr. Weaver explained the ordinance
would make it possible for non-profit organizations to get temporary licenses
to sell alcohol in the auditorium.
Mr. Ott moved to amend his motion to
include an emergency clause in the ordinance. Ms. Money seconded.
City Council 4/12/04 5
On both motions, Four voted aye, Ms.
Lindblad and Mr. Umland opposed. Motion passed 4/2/0
NEW BUSINESS:
1.
Discussion of Sunday Market.
Mr. Mills said there were some
concerns in the building department and the police department regarding the
Lucky 13 Starlight Theater presentations this summer. He said Police Chief Earl
Hyatt is requesting a variance from the city’s ordinance regarding amplified
music so he could not enforce the ordinance during the showing of the movies.
Ms. Money moved to have an ordinance
written to amend the city ordinance regarding outdoor amplified music to allow
for the Lucky 13 Theater. Mr. Ott seconded. All voted aye. Motion passed 6/0/0
Mr. Mills said he had visited with
the Lucky 13 promoters and discussed parking and traffic ways for emergency and
fire vehicles. He has a site plan with parking areas marked.
Mayor Harrison said one of the
city’s parking spaces would be given up during the summer to allow for the
placement of temporary restroom facilities. She said the City Advertising and
Promotion Commission (CAPC) has agreed to fund the placement of the facilities for
the summer.
Ms. Money moved to give up one city
parking space for location of temporary restroom facilities with the provision
that they be shielded in some way so they will not be intrusive. Mr. Umland
seconded.
Ms. Money moved to amend her motion
to create a permit for the parking spot. Mr. Umland seconded.
All voted aye on the motion and
amendment. They passed 6/0/0
Mayor Harrison said the finance
department had concerned about the city giving up revenue from 30 city-owned
parking spaces on Sunday for the Sunday Market. There is some concern that if
the promoters are allowed to use the spaces without some sort of consideration
that others will want to use it for free as well.
Ms. Sell suggested creating a $10
fee, application and permit form for the whole lot, all the parking spaces.
Council members agreed to a permit fee of $10 per Sunday. Mr. Mills is to take
care of issuing the permit and making sure the fees are paid.
2.
Discussion of Ordinance #1955, an ordinance amending Section 46-89 of the
Municipal Code to authorize ambulance and related service charges. (1st
reading)
Chief of Emergency Services David
Stoppel said the changes are made necessary by changes in the Medicare
reimbursement schedules which will change this year and through gradual
increments through 2006. Changing the city’s fee schedule will make sure the
city is reimbursed at as high a rate as possible.
Mr. Ott moved to put Ordinance 1955
on its first reading. Ms. Money seconded. All voted aye. Motion passed 6/0/0
Mayor Harrison read the ordinance
aloud.
Mr. Ott moved to amend the fourth paragraph to
include the word “assess” rather
City
Council 4/12/04 6
than
“access.” Ms. Money seconded. All voted aye. Motion passed 6/0/0
Mr. Ott moved to approve Ordinance 1955 as amended.
Ms. Money seconded. All voted aye. Motion passed 6/0/0
3.
Arbor Day Proclamation
Mayor Harrison announced Eureka
Springs now has been a Tree City USA longer than any other city in Arkansas. In
accordance with the wishes of the Arbor Day Foundation, she proclaimed April 30
as Arbor Day in Eureka Springs.
Mr. Ott moved to accept the
proclamation and to encourage the city to plant an evergreen tree at the top of
Planer Hill that could be decorated as the city’s holiday tree each year. Mr.
Berry seconded. All voted aye. Motion passed 6/0/0
Mr. Umland read a statement asking
citizens to consider the accomplishments of the current city administration in
the past 15 months in preparation for voting on the proposal to change the form
of government from mayor/aldermen to city administrator.
Ms. Lindblad said she had misgivings
about changing the form of city government. She feels it is very important for
the citizens to be able to choose the CEO of the city.
Mayor Harrison said she had gotten a
letter from Mr. Fredericks on Wall Street and no one will be charged to pave a
public street.
Ms. Money moved to adjourn at 9:30
p.m. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
This is the signature page for the
City Council minutes of the regular meeting Monday, April 12, 1004.
_________________________________
Mayor
Kathy Harrison
_________________________________
City Clerk Mary Jean Sell
City Council 4/12/04 7