CITY OF EUREKA SPRINGS

CITY COUNCIL

REGULAR MEETING                           MONDAY                  SEPTEMBER 13, 2004

Mayor Kathy Harrison called the regular meeting of the City Council to order at 6:10 p.m. Monday, Sept. 13, in the jury room of the Western District Carroll County Courthouse.

 

PRESENT: Mayor Kathy Harrison, Aldermen Robert “Butch” Berry, Karen Lindblad, Gayle Money, Bill Ott, Earl “Bud” Umland, City Attorney Tim Weaver, Mayor’s Assistant Brenda Spencer, Accounts Supervisor Ileene Kelly, City Advertising and Promotion Commission (CAPC) Marketing Director Lynn Berry, Police Chief Earl Hyatt and City Clerk Mary Jean Sell. There is one vacancy on the Council.

 

PLEDGE OF ALLEGIANCE TO THE FLAG

            Mayor Harrison led the Pledge of Allegiance to the Flag

 

APPROVAL OF THE AGENDA:

            Ms. Money moved to approve the agenda. Ms. Lindblad seconded.

            Ms. Money asked that the discussion regarding the Copacabana Club permit situation be placed on the Sept. 27 agenda. Mr. Umland seconded.

            Mr. Berry asked that a discussion regarding the opening of Corley St. be added as New Business Item #5 for this meeting and to be placed on the Sept. 27 agenda. Mr. Ott seconded.

            Ms. Money said the Council needs to have a budget review as soon as possible. Workshop was set for 5:30 p.m. Tuesday, Sept. 21, in the jury room.

            Mayor Harrison called for a vote on the agenda as amended. All voted aye. Motion passed 5/0/0

 

MINUTES: Aug. 2, Aug. 9, Aug. 10, Aug. 23

            Ms. Money moved to approve the minutes of the regular Council meeting of Aug. 23. Mr. Ott seconded. All voted aye. Motion passed 5/0/0

            Ms. Money moved to approve the minutes of the first special Council meeting, at 6 p.m., of Aug. 2. Mr. Ott seconded. All voted aye. Motion passed 5/0/0

            Ms. Money moved to approve the minutes of the second special Council meeting, at 6:03 p.m., of Aug. 2. Mr. Ott seconded. Ms. Money noted a correction at the top of the second page. All voted aye. Motion passed 5/0/0

            Ms. Money moved to approve the minutes of the regular Council meeting of Aug. 9. Mr. Ott seconded. All voted aye. Motion passed 5/0/0

Ms. Money moved to approve the minutes of the special Council meeting of Aug. 10. Mr. Ott seconded. All voted aye. Motion passed 5/0/0

 

COMMISSION, COMMITTEE, AUTHORITY REPORTS AND VACANCIES:

            Planning Commission – Position 5 – Expires 1/1/07 – vote – Jan Grinnell

Ms. Lindblad moved to appoint Jan Grinnell to Position 5 on the Planning Commission. Ms. Money seconded. All voted aye. Motion passed 5/0/0

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            Parks and Recreation Commission – Position 1 - Expires 5/31/07 – vote – David Clements

Ms. Money moved to appoint David Clements to Position 1 on the Parks Commission. Ms. Lindblad seconded. All voted aye. Motion passed 5/0/0

            City Advertising and Promotion Commission (CAPC) – Position 4 – Expires 6/30/08 – Nominee Pat Matsukis

            Mayor Harrison nominated Pat Matsukis to the position. Mr. Umland said he had another applicant for the job, Jack Moyer. Vote on Ms. Matsukis will be during the Sept. 27 regular meeting.

            Hospital Commission – reinstate – Bill Fort

            Mayor Harrison said Mr. Fort has asked to remain on the Hospital Commission to see it through the transition stages of management and, possibly, new construction. Vote will be during the Sept. 27 regular meeting.

 

COMMITTEE REPORTS:

            Vision – Ott, Lindblad, Richie and Harrison  

Mr. Ott deferred his report to New Business Item #1 discussion.

Noise – Umland, Hyatt, Money and Lindblad

Ms. Lindblad said the group had not met and needs to set a meeting. They agreed to 9:30 a.m. Monday, Sept. 20, at the Police Department. She asked that Old Business Item #2, discussion of noise committee recommendations, be delayed until the Council meeting of Sept. 27.

 

OLD BUSINESS:

            1. Discussion of Robert’s Rules of Order

            Mr. Ott said he had looked at the abridged and simplified versions of Robert’s Rules of Order and both allow council members to speak two times on each motion. He would like to follow the simplified version.

            Ms. Money said the council was not doing the citizens justice in only allowing members to speak twice to each issue. She said the rules also allow each person 10 minutes to speak to each point.

            Ms. Lindblad said the council table is the only place where members can discuss issues. She did not want discussion limited.

            Mr. Berry was in favor of only speaking twice to an issue. He said members rarely speak 10 minutes to any issue. He believes only two discussions per member would help control and expedite meetings.

            Mr. Umland said he had mixed feelings. Some issues require more discussion than others. He didn’t think the group could pick and choose which discussion rules they want to abide by. He chooses the simplified version.

            Mr. Ott moved to accept the Simplified Version of Robert’s Rules of Order. Mr. Berry seconded. Mr. Berry, Mr. Ott and Mr. Umland voted aye. Ms. Lindblad and Ms. Money voted nay. Motion failed 3/2/0

 

 

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NEW BUSINESS:

            1. Discussion of resolution concerning Vision Committee priorities.

            Mr. Ott thanked members of the committee, particularly Mr. Richie, for their efforts in putting together the final draft of suggestions for priority projects for the city. He moved to put the list of projects on the Sept. 27 agenda. Ms. Money seconded.

 

            2. Discussion of Ward 1 position vacancy.

            A vacancy was declared in the Ward 1, Position 2, July 26 after a determination that Alderman Penny Carroll had moved out of the ward.

            Mr. Umland nominated Aaron Falotico to the position, which ends Dec. 31, 2004. Mr. Ott seconded. He was the only applicant for the post, according to Mayor Harrison. All voted aye. Motion passed 5/0/0

 

Ms. Money asked that the discussion regarding the re-zoning of 80 Mountain St., the Old Stone Church, be placed on the Sept. 27 agenda. The vote on Ordinance 1966, for the rezoning, was tabled during the Aug. 23 meeting until a full council was available to vote on the ordinance.

 

3. Reading of Declaration of Constitution Week

Mayor Harrison read a proclamation recognizing the Abendschone Chapter of the Daughters of the American Revolution (DAR) and their efforts to preserve and celebrate Constitution Week from Sept. 17-23.

 

4. Discussion of Ordinance #1948, an ordinance amending the definition of “gift shop.”

The ordinance had been presented in March of 2004, but never acted upon. The CAPC sent the ordinance to the Council either to pass or to use as a basis for modifications in the existing definition of gift shop in the Municipal Code. Since the Council is the legislative body for the city, the CAPC does not want to work on the issue.

Ms. Lindblad, Mr. Falotico and Mr. Ott agreed to serve on a committee to work on the ordinance.

 

5. Discussion of Ordinance #1969, an ordinance waiving the bidding process to purchase a bucket truck and declaring an emergency.

Mayor Harrison asked the Council to waive the bidding process in order to go ahead with the purchase of a 1995 Ford F-series bucket truck for $20,000 from Jimmy Jones Excavating. She said the truck could be used for trimming trees, putting up banners across Spring St., putting up and maintaining Christmas lights on buildings, etc.

Mr. Umland asked that the director of Public Works be asked to bring at least three prices on comparable trucks to the Sept. 27 meeting.

 

COUNCIL COMMENTS

            Mr. Umland said he was glad work was starting on Ordinance 1948 and he wanted the definition to be as clear as possible so work could start again on an enforcement ordinance.

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            Mr. Ott thanked all those who had attended the recent production of “Picasso at the Lapin Agile” by the Eureka Theater Company. He announced the annual Transit Department public hearing on routes and rates for 5 p.m. Thursday, Oct. 14. He said he hoped the individuals working on Ordinance 1948 would be able to open their hearts and minds as to how the ordinance will affect business in the city.

Mr. Berry welcomed Mr. Falotico to the Council and said he was glad he had come forward to be appointed.

            Ms. Lindblad also welcomed Mr. Falotico and thanked Ms. Grinnell and Mr. Clements for their willingness to serve on commissions. She asked that the list of projects and priorities presented by the Vision Committee also be sent to the Planning Commission.

 

MAYOR’S COMMENTS   
            Mayor Harrison said she had a meeting with staff and department heads following the Copacabana Club incident. She gave the Council copies of Ordinance 1920, regarding regulation of noise, with comments from Police Chief Earl Hyatt and Assistant Fire Chief Jimmy Kelley. No action had been taken on the ordinance when it was initially presented in July of 2003. The ordinance includes a checklist for department heads to sign for special permits for special events. She asked the council to review the ordinance for amendments and discussion as soon as possible.

            She congratulated Assistant Fire Chief Bob Pettus on being named Instructor of the Year for the Arkansas Emergency Medical Technicians Association and to Billy Summers for being named valedictorian of his graduating Paramedic class. She thanked Police Officer Thomas Acord for his efforts in directing traffic around the City Auditorium during the Blue Grass Festival weekend.

 

ADJOURNMENT

            Ms. Lindblad moved to adjourn at 7:17 p.m. Mr. Ott seconded. All voted aye. Motion passed 6/0/0

 

 

 

 

            This is the signature page for the minutes of the regular meeting of the City Council Sept. 13, 2004.

 

 

 

                                                                        _________________________________

                                                                                    Mayor Kathy Harrison

 

 

_________________________________

            City Clerk Mary Jean Sell

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