REGULAR
MEETING MONDAY AUGUST 23, 2004
Mayor Kathy Harrison called the
regular meeting of the City Council to order at 6:30 p.m. Monday, Aug. 23, 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 and Earl
“Bud” Umland, City Attorney Tim Weaver and City Clerk Mary Jean Sell. There is
one vacancy.
Mayor Harrison led the Pledge of
Allegiance to the Flag.
Ms. Money moved to approve the
agenda. Mr. Ott seconded.
Mayor Harrison added a presentation
on Carving in the Ozarks as Old Business Item #3 since there are people present
to discuss the festival.
Mr. Berry asked for a discussion on
the filling of the vacancy on the council as New Business Item #3.
Ms. Money moved to approve the
agenda as amended. Ms. Lindblad seconded. All voted aye. Motion passed 5/0/0.
Mayor Harrison said the minutes
would be postponed until the next meeting.
COMMISSION, COMMITTEE,
AUTHORITY REPORTS AND VACANCIES:
Planning Commission – Position 5 –
Expires 1/1/07- vote – Jan Grinnell
Ms. Lindblad and Ms. Money asked to
postpone the vote on Ms. Grinnell another two weeks to give them time to
contact her.
Parks and Recreation Commission - Position 1- Expires 5/31/07
Mayor Harrison nominated David Clements for the
position.
City Advertising and Promotion Commission – Position
4 – Expires 6/30/08
Vision
– Ott, Lindblad, Richie and Harrison
Mr. Ott said a meeting is scheduled
for 6 p.m. Monday, Aug. 30. He hopes to have a list of priorities for city
action finalized during that meeting and ready for adoption by resolution during
the Sept. 13 council meeting.
City Council 8/23/04 1
OLD BUSINESS:
1.
Discussion of Ordinance #1959, an ordinance for procedure for non-payment of
CAPC tax – LeRoy Gorrell
Ms. Lindblad moved to table the
ordinance. She said she had just gotten the ordinance with changes in it and
had not had time to read it. Motion died for lack of a second.
Ms. Money moved to place Ordinance
1959 on its first reading. She asked for a discussion of the changes in the
ordinance for clarification.
Mr. Weaver said the CAPC had removed
references to the “executive director” and substituted “designee of the
commission.” On page 1, the definition of “taxpayer” has been amended to
include the current definition in the Municipal Code. He corrected typographical
errors in the code citations on the last page.
Mr. Ott moved to amend the ordinance
to reflect the changes as outlined by Mr. Weaver. Ms. Money seconded. Four
voted aye, Ms. Lindblad opposed. Motion passed 4/0/0
Ms. Lindblad said she had information
from Hot Springs City Attorney David White that the A&P ordinance there had
never been tested in court, as our council had been told. She said she had done
research at the University of Arkansas and could not find any court cases to
support the ordinance. She still does not like the idea of one person being the
arbitrator of issues, as set out in the ordinance. She would like either a CPA
or lawyer specified as the arbitrator of issues.
Ms. Money said any business that
collects taxes of any kinds runs the risk of having its books audited.
Mr. Ott said that in 17 years of the
existence of the Hot Springs ordinance, it has been challenged five times:
three of the challenges were settled out of court, one owner filed bankruptcy
and the fifth went out of business.
Beverly Blankenship, candidate for
council seat in Ward 3, said she has talked with business owners in the ward
and they feel the ordinance penalties are too strong -
way extreme. She said the people in Ward 3 do not want the ordinance approved.
Michael Johnson asked for time to
read the ordinances with the changes before it was acted upon.
Virginia Lindblad said she had done
the research on the Hot Springs ordinance. She found no relevant court cases in
Westlaw, Garland County or through other sources. She said the Hot Springs
ordinance only applies to hotels and restaurants.
CAPC Commissioner Bryan Sumpter said
the commission had been told the ordinance was court-tested. He said the
commission would be receptive to in-put from the citizens.
Joe Zickmund said he collects the
CAPC tax in both his stores although he doesn’t have to because he has general
merchandise. He said he is choosing not to pay the tax and encouraged others
not to pay as well.
Bill Rubley said bringing in the
definition of taxpayer is a super big mistake. State statutes give the city the
right to enforce ordinances. The council needs to define the collectors before
approving an enforcement ordinance.
City Council 8/23/04 2
Mr. Umland said he was getting calls
from business owners who did not feel the ordinance was a club of enforcement.
He suggested a clear definition of tax collectors might be needed before the
enforcement ordinance.
Mr. Berry said he could see both
sides. He said the city has to have enforcement for the ordinance. People who
are supposed to collect the tax but aren’t, are hurting themselves and the
city.
On the motion to approve the
ordinance on its first reading, Mr. Berry, Mr. Ott and Ms. Money voted aye. Mr.
Umland and Ms. Lindblad voted nay. Motion failed 3/2/0
2.
Discussion of Ordinance #1965, an ordinance restricting habitation and sleeping
on public property in the City of Eureka Springs, except where designated. (2nd
reading)
Ms. Money moved to suspend the rules
and place Ordinance 1965 on its second reading by title only. Mr. Ott seconded.
By roll call, all voted aye. Motion passed 5/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to amend the ordinance
to include in Section 1 “unless a special overnight permit is issued by the
Eureka Springs Police Department for special needs as/if they might arise.” Ms.
Money seconded. All voted aye. Motion passed 5/0/0
Ms. Money moved to approve the
ordinance on its second reading as amended. Mr. Ott seconded. All voted aye.
Motion passed 5/0/0
Mr. Ott moved to suspend the rules and place Ordinance 1965 on its third reading by title only. Mr. Umland seconded. By roll call, four voted aye, Ms. Lindblad voted no.
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance 1965 on its third reading by title only. Ms. Money seconded.
Ms. Lindblad said there wasn’t an
emergency to this issue and there was no need to hurry along with the readings.
She said people needed time to comment.
Fatima Swallow said there is an
emergency. Five people have been “dropped” in the community and are creating
havoc.
Mr. Berry said he had been contacted
by people who believe there is an emergency.
Police Chief Earl Hyatt said there
are more itinerant people in town this year. As the weather cools off, he
believes they will leave the area for warmer climates.
On the motion to approve the
ordinance, four voted aye, Ms. Lindblad voted no. Motion passed 4/1/0
3.
Discussion of the Carving in the Ozarks proposed festival.
Bill Rubley said the chain-saw
carving festival is scheduled for April 21-24, 2005, in the Planer Hill parking
lot. The organizers would also like to use the city-owner property between the
highway and the parking lot for a demonstration area.
David Blankenship said between 30
and 40 carvers interested in coming to the festival. He has posted information
about the festival on several internet sites.
Mr. Ott moved to send the organizers
to the special events committee to work with them. Ms. Money seconded. All voted
aye. Motion passed 5/0/0
City Council 8/23/04 3
Council members agreed to a break
from 7:15 to 7:37 p.m.
NEW BUSINESS:
1.
Discussion of Ordinance 1914, an ordinance making the unnecessary “racking” of
vehicle exhaust illegal.
Mayor Harrison said this ordinance
had failed the first time it was presented. A new ordinance needs to be
written. She had notes from a workshop last year on including vehicle noise,
amplified noise, unmuffled vehicles and posting of signs of welcome with the note
that a noise enforcement is enforced in the city.
She asked for volunteers for a
committee to work on the ordinance with Police Chief Hyatt. Ms. Money, Ms.
Lindblad and Mr. Umland agreed to be on the committee.
They
agreed to meet at 5 p.m. Monday, Sept. 30, in the jury room.
2.
Discussion of Ordinance 1966, an ordinance concerning the re-zoning of the
property at 80 Mountain St. from R-1 to C-3.
Ms. Money moved to place the
ordinance on its first reading. Mr. Umland seconded. Four voted aye, Ms. Lindblad
voted no. Motion passed 4/1/0
Mr. Ott moved to table the ordinance
until there are six council members. Ms. Money seconded. Four voted aye, Ms.
Lindblad voted nay. Motion passed 4/1/0
3.
Discussion of filling Ward 1 vacancy.
Mr. Berry said he would like to have
the seat filled as soon as possible. He asked members of the public interested
in serving to get their resumes or applications to the City Hall by Aug. 30 so
they could be reviewed in time for the Sept. 13 meeting.
Mr. Umland suggested the existing
uncontested candidate in Ward 1 be appointed.
Mr. Ott seconded Mr. Berry’s request
for the agenda item during the Sept. 13 meeting.
COUNCIL COMMENTS:
Ms. Lindblad said she would like the
council to reconsider following the rules of order only allowing each member
two times to discuss an issue. She feels the public is getting cut short. She
was concerned that several citizens and three members of the Planning
Commission who attended the meeting to speak to the rezoning ordinance did not
get to speak when the ordinance was tabled. She wants the issue on the next
agenda. Ms. Money seconded the agenda item.
Mr. Ott gave a brief presentation
about the production of “Picasso at the Lapin Agile” by the Eureka Theater
Company Sept. 3,4,5,9,10,11 and 12.
MAYOR’S COMMENTS:
Mayor Harrison said she was sorry
the rezoning ordinance had been tabled so quickly, without discussion and
without allowing citizens to comment.
ADJOURNMENT:
Ms. Money moved to adjourn at 7:58
p.m. Mr. Umland seconded. All voted aye. Motion passed 5/0/0 City Council 8/23/04 4
This is the signature page for the
City Council minutes of Aug. 23, 2004.
_______________________________
Mayor
Kathy Harrison
________________________________
City Clerk Mary Jean Sell
CITY COUNCIL
SPECIAL
MEETING
TUESDAY
AUGUST 10, 2004
Mayor Kathy Harrison called the special City Council meeting to order at 5:30 p.m. in the jury room of the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch” Berry, Karen Lindblad, Bill Ott and Earl “Bud” Umland,
Mayor’s Assistant Brenda Spencer. Alderman Gayle Money was absent. There is one
vacancy.
The
purpose of the meeting was to approve Ordinance 1967 providing emergency
expenditures of approximately $40,000 for repair of Black Bass Dam and
authorizing the Mayor to take the necessary steps to have the repairs done.
Mr. Ott moved to place Ordinance
1967 on its first reading. Ms. Lindblad seconded.
Mayor Harrison read the ordinance
aloud.
Mr. Ott moved to approve Ordinance
1967 on its first reading. Ms. Lindblad seconded.
Mr. Ott moved to suspend the rules
and place Ordinance 1967 on its second reading by title only. Ms. Lindblad
seconded. By roll call, all voted aye. Motion passed 4/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance
1967 on its second reading by title only. Ms. Lindblad seconded. All voted aye.
Motion passed 4/0/0
Mr. Ott moved to suspend the rules
and place Ordinance 1967 on its third reading by title only. Ms. Lindblad
seconded. By roll call, all voted aye. Motion passed 4/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance
1967 on its third reading by title only. Ms. Lindblad seconded.
Mayor Harrison read the title aloud
She explained the scope of work
included hiring Ralph Pruente to level an area beside the dam for access by
trucks, which will pump concrete into the cracks in the dam to seal them. Additional
stone is to be stacked on the face of the dam for reinforcement.
Fencing
for the two pump houses and the access gate to the area may be paid for through
the Homeland Security Act. The gate can be closed to prevent “midnight
visitors” in the dam area.
On the motion to approve the
ordinance on its third reading, all voted aye. Motion passed 4/0/0
Mr. Ott moved to accept the emergency clause. Mr.
Umland seconded.
Mayor Harrison read the emergency
clause aloud.
Mr. Ott moved to adjourn at 5:45 p.m. Mr. Umland
seconded. All voted aye. Motion passed 4/0/0
City Council 8/10/04 1
This is the signature page for the minutes of the special City Council meeting Aug. 10. 2004.
___________________________________
Mayor
Kathy Harrison
________________________________
City Clerk Mary Jean Sell
CITY COUNCIL
REGULAR
MEETING MONDAY AUGUST 9, 2004
Mayor Kathy Harrison called the
regular meeting of the City Council to order at 6:05 p.m. Monday, Aug. 9, 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 and Earl
“Bud” Umland, City Attorney Tim Weaver, Mayor’s Assistant Brenda Spencer, City
Advertising and Promotion Commission (CAPC) Executive Director LeRoy Gorrell,
CAPC Marketing Director Lynn Berry, Historic District Commission (HDC) member
Frank Green Jr. and City Clerk Mary Jean Sell. There is one vacancy.
Mayor Harrison led the Pledge of
Allegiance to the Flag.
APPROVAL OF THE AGENDA:
Ms. Money moved to approve the
agenda. Ms. Lindblad seconded. All voted aye. Motion passed 5/0/0
Ms. Money moved to approve the minutes of the July 26 City Council meeting as presented. 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 Mayor Harrison nominated Jan Grinnell to the position.
Planning
Commission – Position 3 – Expires 7/1/05 – vote – Patrick Brammer
Mr. Ott moved to approve the
nomination of Mr. Brammer. Ms. Lindblad seconded. All voted aye. Motion passed
5/0/0
Historic
District Commission (HDC) – Position 2 – Expires 3/07/05 – vote – John Brammer
Mr. Ott moved to approve the
nomination of Mr. Brammer. Ms. Lindblad seconded.
Mr. Berry said thought the chairman
of the HDC had been given Mr. Brammer’s name for her review and approval. He
asked the Mayor if she routinely asked chairmen of commissions for their
approval of nominees and why would a chairman know of a nomination before the
council did.
Mayor Harrison said the chairman of
the HDC did not know of the nomination before the council. Chairman Debbie
Frisbie had asked the mayor to ask the council to postpone voting on the
nomination until Ms. Frisbie had a chance to talk with Mr.
City Council 8/9/04 1
Brammer
about his interest in serving on the commission.
Mr. Umland said he had received
telephone calls saying that Mr. Brammer was in violation of HDC regulations.
Mr. Green said Mr. Brammer is in
compliance with HDC regulations. The commission has made a site visit to their
property and granted a six-month extension to the Certificate of
Appropriateness (CofA) so the exterior work could be completed.
On the nomination, all voted aye.
Motion passed 5/0/0
Parks & Recreation Commission –
Position 1 – Expires 5/31/07
City Advertising and Promotion
Commission – Position 4 – Expires 6/30/08
COMMITTEE REPORTS:
Vision
– Ott, Lindblad, Richie and Harrison
Mr. Ott reported he and Mr. Richie
had met and gone over their lists of recommendations for short and long-term
city projects.
OLD BUSINESS:
1.
Discussion of Ordinance #1959, an ordinance for procedures for non-payment of
CAPC tax. – LeRoy Gorrell
Mr. Ott moved to suspend the rules
and place Ordinance 1959 on its second reading by title only. Mr. Berry
seconded. By roll call, four voted aye, Ms. Lindblad voted against. Motion
passed 4/1/0
Mayor Harrison read the title of the
ordinance aloud.
Mr. Ott moved to approve place
Ordinance 1959 on its second reading by title only. Mr. Berry seconded.
Mr. Weaver said that with the
elimination of the CAPC executive director’s position, there were references in
the ordinance, which now have to be changed. He suggested the CAPC be given the
opportunity to make the changes.
Mr. Ott moved to defer the vote on
the second reading of the ordinance by title only to the next meeting, if the
CAPC can meet and make the necessary changes in the ordinance. Ms. Money
seconded.
Ms. Lindblad said she wants to know
who will hear the appeals. She said the ordinance does not specify clearly
enough. She wants a board of appeals made up of persons not connected with the
commission.
On the motion to defer, five voted
aye. Motion passed 5/0/0
NEW BUSINESS:
1.
Discussion of noise
Ordinance #1914.
Mr. Ott moved to place Ordinance 1914 on its first
reading. Ms. Money seconded. All voted aye. Motion passed 5/0/0
Ms. Sell read the ordinance aloud.
Ms. Money moved to approve Ordinance 1914 on its
first reading. Ms. Lindblad seconded.
Council members agreed in discussion the ordinance
was not to discourage motorcycles in town, but to prohibit loud noises from a
variety of vehicles.
City
Council 8/9/04 2
Mr. Berry moved to table the vote
until Police Chief Earl Hyatt could come to the meeting. Mr. Umland seconded.
Mayor Harrison recognized Gentry
Mayor Wes Hogue to speak. He said he understood the concern of the council for
the peace and quiet of the city. Speaking as a motorcycle rider, instructor and
mechanic, he said motorcycle riders now cross every aspect of society. He said
many cyclists perceive the ordinance as a tool to discriminate against them. He
asked the council to be sensitive to the perception and to not discourage
cyclists from coming to town.
On the motion to defer the vote, Mr.
Ott, Mr. Umland and Mr. Berry voted aye; Ms. Lindblad and Ms. Money voted
against. The motion was declared passed. Later in the meeting, Mr. Weaver said
that with a body of five voting, the mayor would have to vote in favor of a
motion to give four votes for approval. Mayor Harrison voted in favor of the
motion to defer the vote until Chief Hyatt could discuss the ordinance with the
council. Motion passed 4/2/0
2.
Discussion of Ordinance #1965, an ordinance restricting habitation and sleeping
on public property.
Ms. Money moved to place Ordinance
1965 on its first reading. Mr. Ott seconded. All voted aye. Motion passed
4/0/0 Ms. Lindblad had briefly left the
table.
Mayor Harrison read the ordinance
aloud.
Ms. Money moved to approve Ordinance
1965 on its first reading. Mr. Ott seconded.
Mayor Harrison explained there a no
current ordinances to restrict persons from sleeping or living on public property
in the city.
Mr. Berry wanted to know the
difference in sleeping and snoozing. Mayor Harrison said the ordinance was
intended for those sleeping on public property as part of habitation.
Mr. Weaver agreed the word “sleep”
might need to be defined in the ordinance. He thought local police officers and
prosecutors would use common sense in determining “sleeping” and “habitation”
of public property.
Mr. Ott moved to remove the word
“sleep” and change the phrase to “overnight camping or overnight use” in the
ordinance. The motion died for lack of a second.
Mr. Ott moved to remove the word
“sleep” from the ordinance. Mr. Berry seconded. Four voted aye. Ms. Money voted
no. Motion passed 4/1/0
On the motion to approve the
ordinance on its first reading, as amended, all voted aye. Motion passed 5/0/0.
3.
Applicants’ appeal to council concerning zoning request denied by Planning
Commission.
Mayor Harrison said the council is
to act as a separate body and to consider the appeal as a new case, not
considering the action of the Planning Commission.
The application from James and
Shirley Bird was to re-zone 80 Mountain St., known as the Old Stone Church,
from R-1, residential, to C-3, quiet business use.
City Council 8/9/04 3
Attorney Wade Williams presented a
plat map showing the property zones and uses surrounding 80 Mountain St. He
said the building is in a commercial area and should be brought into compliance
with the existing zoning codes. The church, built in 1901, predates the city’s
zoning code. It has more than 20 parking spaces.
He said several letters from
neighboring property owners had objected to the rezoning if the building was to
be used as a restaurant. He did not believe a conditional use permit (CUP) for
the property would be appropriate. The city’s code prohibits the particular use
of a property if the same use is within 200 feet. There is another church
within 200 feet of this property.
He said the current owners of the
property are not interested in using the property as a restaurant.
Planning Commissioner Terry McClung
said he believed bringing the property into compliance with the zoning code
would be appropriate.
Mr. Weaver said that any uses
permitted within a zoning classification would be appropriate to the property
and none of the uses could be excluded.
Ms. Money moved to have an ordinance
drawn to re-zone the property from R-1, residential, to C-3, quiet commercial.
Mr. Ott and Mr. Umland seconded.
After additional discussion, Mr.
Umland called for the question to stop discussion. Ms. Money seconded. Mr. Ott,
Mr. Umland and Ms. Money voted aye. Mr. Berry and Ms. Lindblad voted nay.
Motion failed 3/2/0
On the original motion to have the
ordinance prepared to re-zone the property, Mr. Ott, Mr. Umland and Ms. Money
voted aye. Mr. Berry and Ms. Lindblad voted nay. Mr. Weaver said that with a
body of five voting, the mayor would have to vote in favor of a motion to give
four votes for approval. Mayor Harrison voted in favor of the motion. Motion
passed 4/3/0.
Mr. Ott quoted former President
Gerald Ford in saying, “Truth is the glue that holds government together.”
Ms. Lindblad said she did not
appreciate being personally attacked during the council meeting. She hoped the
council would be firm in not allowing such things.
MAYOR’S COMMENTS:
Mayor Harrison said a special
meeting will be needed in the next few days to approve expenditures to repair
Black Bass Dam. There are large holes in the dam allowing quite a bit of water
to come through. She said it will be necessary to fence off the two pump houses
near the dam and access to the dam area as part of homeland security measures.
Federal funding might be available for the security measures. She thought the
cost might be $30,000-$35,000.
She congratulated the four new
candidates for city council, praising them for willingness to be of service to
the community.
Ms. Money moved to adjourn at 7:49
p.m. Mr. Berry seconded. All voted aye. Motion passed 5/0/0
City
Council 8/9/04 4
This is the signature page for the minutes of the
regular City Council meeting Aug. 9, 2004.
__________________________________
Mayor
Kathy Harrison
_____________________________________
City Clerk Mary Jean Sell
CITY COUNCIL
SPECIAL
MEETING MONDAY AUGUST 2, 2004
Mayor Kathy Harrison called the
special meeting of the City Council to order at 6 p.m. in the jury room of the
Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison, Aldermen Robert “Butch” Berry, Karen Lindblad, Bill Ott and Earl “Bud” Umland, City Attorney Tim Weaver, Transit Director Lamont Richie, Mayor’s Assistant Brenda Spencer and City Clerk Mary Jean Sell. Alderman Gayle Money was absent. There is one vacancy.
The
purpose of the special meeting was to consider Resolution #503, transferring
funds from the city’s general fund to the Transit Department for the purpose of
paying for a trolley. The funds will be reimbursed from the Transit
Department when they are received from the Arkansas Highway and Transportation
Department (AHTD).
Mr. Ott moved to adopt Resolution
#503. Mr. Berry seconded.
Ms. Sell read the resolution aloud.
All voted aye to adopt the
resolution. Motion passed 4/0/0
Mr. Ott moved to adjourn at 6:03
p.m. Mr. Berry seconded. All voted aye. Motion passed 4/0/0.
This is the signature page for the
special City Council meeting of Aug. 2, 2004.
_________________________________
Mayor
Kathy Harrison
__________________________________
City Clerk Mary Jean Sell
CITY COUNCIL
Mayor Kathy Harrison called the
special City Council meeting to order at 6:04 p.m. Monday, Aug. 2, in the jury
room of the Western District Carroll County Courthouse.
PRESENT:
Mayor Kathy Harrison, Aldermen Robert “Butch” Berry, Karen Lindblad, Bill Ott
and Earl “Bud” Umland, City Attorney Tim Weaver, Transit Director Lamont
Richie, Mayor’s Assistant Brenda Spencer and City Clerk Mary Jean Sell.
Alderman Gayle Money was absent. There is one vacancy.
The
purpose of the special meeting was to consider Ordinance #1964, an
ordinance directing the Transit Department to eliminate trolley stop #83, at 99
Spring St., until Dec. 31, 2004, and declaring an emergency.
Mr. Ott moved to place Ordinance1964
on its first reading. Mr. Umland seconded. All voted aye. Motion passed 4/0/0
Ms. Sell read the ordinance aloud.
Mr. Ott moved to approve
Ordinance1964 on its first reading. Mr. Umland seconded. All voted aye. Motion
passed 4/0/0
Mr. Ott moved to suspend the rules
and place Ordinance 1964 on its second reading by title only. Mr. Umland
seconded. By roll call, all voted aye. Motion passed 4/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance1964 on its second
reading by title only. Mr. Umland seconded. All voted aye. Motion passed 4/0/0
Mr. Ott moved to suspend the rules and place
Ordinance 1964 on its third reading by title only. Mr. Umland seconded. By roll
call, all voted aye. Motion passed 4/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance1964 on its third
reading by title only. Mr. Umland seconded. All voted aye. Motion passed 4/0/0
Joe Zickmund wanted to know why the fourth section
of the ordinance had not been read.
Mayor Harrison explained it was the emergency clause
and would not be read until the ordinance had been approved on its third
reading.
Mr. Zickmund said he hoped the transit department
would pass out statistical questionnaires to determine the ridership of the
trolleys. He said the purpose of the trolleys was not to assist shop owners.
Mr. Richie said he thought it is “the height of
micromanagement and a ludicrous
City Council 8/2/04 1
action”
for the council to remove the trolley stop. He said he would provide postcards
to riders and the addresses of council members so riders could send their
comments directly to council members.
Mr. Berry said he agreed with Mr. Richie that the
purpose of the trolley system was not for the convenience of shopping but for
moving people around town. He agreed with Mr. Richie’s intent to have negative
comments sent to the council.
Mr. Ott said the tax collections from the shops in
the area would be seen if there was a spike in business to merit permanently
changing the trolley stop.
Ms. Lindblad said she did not want to see the
trolley system used to increase business for individual shops. She said it was
not her intention to micromanage the transit system.
James DeVito said changing the trolley stop would
make the available maps incorrect.
On the motion to approve the ordinance, all voted
aye. Motion passed 4/0/0
Mr. Ott moved to read the emergency clause. Mr.
Umland seconded. All voted aye.
Mayor Harrison read the emergency clause aloud.
Mr. Ott moved to adjourn at 6:20 p.m. Mr. Umland
seconded. All voted aye. Motion passed 4/0/0
This is the signature page for the minutes of the
second special City Council meeting Aug. 2, 2004.
__________________________________
Mayor
Kathy Harrison
__________________________________
City Clerk Mary Jean Sell
City Council 8/2/04 2
CITY COUNCIL
Mayor Kathy Harrison called the
regular City Council meeting to order at 6:07 p.m. Monday, July 26, 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, City Advertising and
Promotion Commission (CAPC) Executive Director LeRoy Gorrell, Marketing
Director Lynn Berry, CAPC Chairman Steve Roberson, CAPC Commissioner Bryan
Sumpter, mayor’s assistant Brenda Spencer and City Clerk Mary Jean Sell.
Mayor Harrison led the Pledge of
Allegiance to the American Flag
Ms. Money moved to approve the
agenda. Ms. Lindblad seconded.
Ms. Lindblad moved to remove the
discussion of Ordinance 1959, regarding procedures for non-payment of the CAPC
tax, from Old Business and set a public hearing on the ordinance. Mr. Umland
seconded.
Mr. Roberson urged the Council to go
forward with the approval of the ordinance as quickly as possible. He said it
is copied from the Hot Springs ordinance, modified to fit Eureka Springs, and
it has stood up under court tests. The CAPC has tweaked it and it is ready.
There was some additional
discussion.
On the motion, Ms. Lindblad and Mr.
Umland voted aye; Mr. Berry, Ms. Carroll, Mr. Ott and Ms. Money voted nay.
Motion failed 4/2/0
Mayor Harrison asked for two
executive sessions, one to confirm the hiring of Ileene Kelly as accounts
supervisor and one to confirm the dismissal of Building Official Randy Mills.
She called for the vote on the
agenda as amended. All voted aye. Motion passed 6/0/0
Ms. Money moved to approve the
minutes of July 12 as presented. Mr. Umland seconded. All voted aye. Motion
passed 6/0/0
Mayor Harrison nominated Patrick
Brammer for the Planning Commission Position 3, term expires 7/1/05.
She nominated John Brammer for
Position 2 on the Historic District Commission, term expires 3/7/05
City Council 7/26/04 1
She said she has two applications
for Position 1, expires 5/31/07, on the Parks and Recreation Commission.
Planning Commission – Position 5 – Expires 1/1/07
COMMITTEE REPORTS:
Vision
– Ott, Lindblad, Richie and Harrison
Mr. Ott gave a brief report on the
work to prioritize lists of city needs from members. The next meeting is at 6
p.m. Monday, Aug. 2.
OLD BUSINESS:
1.
Discussion of Rules of
Order - Ott, Berry
Mr. Ott moved to add the rule that each council
member could only speak twice to any issue. Ms. Carroll seconded.
After discussion, Mr. Ott moved to amend his motion
to return to using Robert’s Rules of
Order. Ms. Lindblad seconded. Five vote aye, Ms. Money voted against.
Motion passed 5/1/0
Mr. Ott moved to go into executive session on the
arrival of Police Chief Earl Hyatt at 6:35 p.m. Mr. Berry seconded. All voted
aye. Motion passed 6/0/0
The Council returned to open session at 7:08 p.m.
Mayor Harrison said the Council had accepted the resignation of the Building
Official.
Mr. Ott moved to accept, by unanimous consent, the hiring of Ms. Kelly. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
2.
Discussion of Ordinance #1959, an ordinance for procedure for non-payment of
CAPC tax – LeRoy Gorrell.
Ms. Money moved to place Ordinance 1959 on its first
reading. Mr. Ott seconded.
Ms. Lindblad said she had problems with the
ordinance in the appeals process. Mr. Ott asked to save discussion of the
ordinance until after its first reading. He called for the question. Ms.
Carroll seconded. Five voted aye, Ms. Lindblad voted against. Motion passed
5/1/0
On the motion to read the ordinance, five voted aye,
Ms. Lindblad voted against. Motion passed 5/1/0
Mayor Harrison, all of the council members and Ms.
Sell read portions of the ordinance aloud.
Mr. Ott moved to approve Ordinance 1959 on its first
reading. Ms. Money seconded.
Mr. Umland asked who would be designated to review
non-payers books. Mr. Roberson said, in his opinion, it would be an outside CPA
firm. The firm would review the books then issue a report to the CAPC. With
that method, the working papers of the CPA firm would remain confidential and
only the report would be subject to FOIA (Freedom of Information Act).
Ms. Lindblad wanted that language included in the
ordinance. She also wanted an appeals board included, rather than putting the
burden on the CAPC director or one designee.
City
Council 7/26/04 2
Ms. Money wanted to hold a public hearing on the
ordinance at 5 p.m. Monday, Aug. 9, prior to the regular meeting at 6 p.m.
Ms. Money called the question to stop discussion.
Mr. Ott seconded. Five voted aye, Ms. Lindblad voted against. Motion passed
5/1/0
On the motion to approve Ordinance 1959 on its first
reading, five voted aye, Ms. Lindblad voted against. Motion passed 5/1/0
Ms. Money moved to begin at 5 p.m. Monday, Aug. 9,
to hear comments from the public on the ordinance. Mr. Ott seconded. Five voted
aye, Ms. Lindblad voted against. Motion passed 5/1/0
Ms. Carroll moved to have an emergency clause
prepared so the ordinance could be read the second and third times Aug. 9 and
approved to go into effect immediately. Ms. Money seconded. Four voted aye. Mr.
Umland and Ms. Ms. Lindblad voted against. Motion passed 4/2/0
3. Discussion of ordinance amending 86-4 of the Municipal Code regarding banners and signs.
Ms. Money said the ordinance is not ready for
presentation.
Mr. Ott moved to suspend the rules and defer New
Business Item #4, discussion of new sign ordinance, to the next council meeting
or the one after. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
There was a brief discussion of new state statutes
regarding signage, particularly billboards, which need to be incorporated into
the proposed sign ordinance. Mr. Berry said the proposed ordinance should be
returned to the Planning Commission to be updated.
Mr. Ott moved to defer consideration of the new sign
ordinance and to return it to the Planning Commission for review. Mr. Berry
seconded. All voted aye. Motion passed 6/0/0
4.
Discussion of Ordinance 1942, amending Chapters 114-4(c)(6) and 70-4 of the
Municipal Code, regarding manufactured homes. (3rd reading) – Berry
Ms. Sell said the Planning Commission is still
trying to determine which zoning districts to place manufactured homes, will be
recommending the rezoning of properties with existing multi-family complexes to
R-3, and has discussed the possible use of conditional use permits (CUP) or
establishing a new zoning district, R-4, for manufactured homes. They do
recommend the removal of the A, agriculture, zones from Ordinance 1942.
Mr. Weaver said a CUP in R-2 or R-3 areas would not
meet the state requirements. Locations for an R-4 district would still have to
be designated.
Mr. Berry said he had suggested placement with
conditions or guidelines.
Mr. Ott moved to defer Ordinance 1942 until a
recommendation comes from the Planning Commission. Mr. Berry seconded. All
voted aye. Motion passed 6/0/0
The Council took a break from 8:26 to 8:38 p.m.
City Council 7/26/04 3
1.
Discussion of vacancy on
City Council – Umland, Lindblad
Ms. Carroll read a short prepared statement saying
she is a resident of Ward 1. She had to move out temporarily because the house
she was renting had been sold. She has a home in Ward 1 where she plans to live
after renters have vacated and the place has been cleaned. She showed a copy of
a six-month lease of 27 Paxos, also in Ward 1, where she said she was now
living. She said she is storing her furniture and other things in a house on
Eureka St. leased to John Foley, her business partner and the person with whom
she has a committed relationship.
She provided copies of her voter registration card
showing her address as 22 Emporia, tax records and a mortgage record for that
property. She said it is her intention to reside at 22 Emporia.
There was almost an hour of discussion. Council
members asked questions to determine the timeline of Ms. Carroll’s activities.
Mr. Umland said several times he felt she was being evasive and untruthful in
her answers.
Ms. Lindblad said she wanted it recorded that the
lease with Marcia Yearsley for 27 Paxos had been signed June 25.
Ms. Lindblad moved to recognize the vacancy in Ward
1. Mr. Umland seconded.
After additional discussion, Ms. Lindblad called for
the question to stop the discussion. Mr. Umland seconded. Four voted aye, Ms.
Money and Ms. Carroll voted against. Motion passed 4/2/0
On the motion to recognize the vacancy, Mr. Ott
moved for a roll call vote. Mr. Umland seconded. All voted aye.
By roll call, voting yes were Ms. Lindblad, Mr.
Umland and Ms. Money. Voting no were Ms. Carroll, Mr. Berry and Mr. Ott. Mayor
Harrison voted aye to pass the motion 4/3/0.
Ms. Carroll left the table at 9:35 p.m.
2.
Discussion of Ordinance
#1962, an ordinance establishing voting by ward.
Ms. Money moved to put Ordinance 1962 on its first
reading. Ms. Lindblad seconded. All voted aye. Motion passed 5/0/0
Mayor Harrison read the ordinance aloud.
Ms. Money moved to approve Ordinance 1962 on its
first reading. Mr. Umland seconded.
Mayor Harrison said Carroll County Clerk Shirley
Doss said approximately 300 persons are registered to vote in each of the
city’s three wards. Election Commission Chairman Levi Phillips has said that,
based on the 2000 census, the Eureka wards have not changed significantly and
could remain as they are.
Mr. Ott asked to have Mr. Phillips send a certified
letter to that effect. Mayor Harrison said she would request it.
Mr. Ott moved to table discussion pending receipt of
an opinion about the wards from the legal body in charge. Mr. Umland seconded.
All voted aye. Motion passed 5/0/0
City Council 7/26/04
4
3.
Discussion to establish a
Board of Appeals regarding retaining walls – Berry.
Mr. Ott moved to have the council direct the city
attorney to work with Mr. Berry to draft and amend Ordinance 1956 regarding
retaining walls. Ms. Money seconded. All voted aye. Motion passed 5/0/0
4. Discussion on drafting an ordinance to revise downtown trolley stop – Umland, Ott
Mr. Ott moved to have an ordinance drawn to remove
trolley stop #83 at 99 Spring St. and to designate #84 at 127 Spring St. as the
last downtown stop. Mr. Umland seconded. All voted aye. Motion passed 5/0/0
5. Discussion of noise ordinance.
Ms. Lindblad asked that the discussion be deferred
to the next meeting.
Mayor Harrison proposed reviewing Ordinance 1914
written by Police Chief Earl Hyatt. The ordinance was never voted on. Mr. Ott
seconded. All voted aye. Motion passed 5/0/0
Ms. Lindblad said the movie Sunday,
July 25, was cancelled because of possible thunderstorms. “Pirates of the
Caribbean” will be shown Sept. 19 as the final movie for the Lucky 13 Starlight
Cinema this season.
She said she wanted to put the
proposed ordinance regarding persons sleeping in the city parks on the Aug. 9
agenda.
She reminded council members that
matters discussed during executive sessions should not be discussed in public.
She said there is a council member who does discuss the matters in public. She
said that could result in a lawsuit and she does not want that to happen. She
said council members could be sued as council members and as individuals
without the city attorney’s services or protection.
Ms. Money moved to adjourn at 10:04
p.m. Mr. Umland seconded. All voted aye. Motion passed 5/0/0
This is the signature page for the
City Council minutes of July 26, 2004.
__________________________________
Mayor
Kathy Harrison
____________________________________
City Clerk Mary Jean Sell City
Council 7/26/04 5
CITY COUNCIL
Mayor Kathy Harrison called the
regular meeting of the City Council to order at 6 p.m. Monday, July 12, in the
jury room of the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch” Berry, Karen Lindblad, Gayle Money and Earl “Bud”
Umland, City Attorney Tim Weaver, City Advertising and Promotion Commission
(CAPC) Executive Director LeRoy Gorrell, mayor’s assistant Brenda Spencer and
City Clerk Mary Jean Sell. Aldermen Penny Carroll and Bill Ott were absent.
Mayor Harrison led the Pledge of
Allegiance to the Flag.
APPROVAL OF THE AGENDA:
Mr. Berry moved to approve the
agenda. Ms. Money seconded.
Mr.
Berry asked to defer Old Business Item #1, discussion of rules of order, and
New Business Items #4, discussion of establishing a board of appeals dealing
with retaining walls; #5, discussion of new sign ordinance; discussion of
drafting an ordinance to revise downtown trolley stop, to the regular meeting
of July 26.
Ms. Money asked to defer Old
Business Item #3, discussion of amending Section 86-4 of the Municipal Code
regarding banners and signs.
Ms. Money moved to approve the
agenda as amended. Ms. Lindblad seconded. Three voted in favor, Ms. Lindblad
voted against. Mayor Harrison voted aye to pass the motion. Motion passed 4/1/0
Ms. Money moved to approve the
minutes of June 14 as presented. Ms. Lindblad seconded. All voted aye. Motion
passed 4/0/0
Mr. Umland moved to approve the
minutes of June 28 as presented. Ms. Lindblad seconded. All voted aye. Motion
passed 4/0/0
COMMISSION, COMMITTEE,
AUTHORITY REPORTS AND VACANCIES:
Mayor Harrison said she would
nominate Patrick Brammer to Position 2 on the Historic District Commission,
term expiring 11/30/04, during the July 26 meeting.
Planning Commission – Position 5 –
Expires 1/1/07
Planning Commission – Position 3 –
Expires 7/1/05
Parks and Recreation Commission –
Position 1 – Expires 5/31/07
City Council 7/12/04 1
COMMITTEE REPORTS:
Vision – Ott, Lindblad, Richie and Harrison
Mayor Harrison reported the group had
met July 8 and began discussion priority projects. She asked for a citizen
volunteer to meet with the group and for citizen suggestions of projects to be
accomplished short and long term within the city.
OLD BUSINESS:
4. Discussion of Ordinance #1961, an ordinance
regarding vacating a reserved right of way.
Ms. Money moved to place Ordinance
1961 on its first reading. Mr. Umland seconded.
Ms. Sell read the ordinance aloud.
Ms. Money moved to approve Ordinance
1961 on its first reading. Mr. Umland seconded.
Mr. Weaver explained there was no
price set on the land in the ordinance because the amount is to be set by the
council since the property is an undedicated right of way.
Ms. Lindblad said she is opposed to
the city vacating or selling any property. She prefers long leases.
Mr. Umland moved to amend the
ordinance to charge $10 for the land being vacated. Ms. Money seconded. Three
voted aye; Ms. Lindblad opposed. Mayor Harrison voted aye to pass the
amendment. Motion passed 4/1/0
On the motion to approve Ordinance
1961, as amended, three voted aye; Ms. Lindblad opposed. Mayor Harrison voted
aye to approve the first reading. Motion passed 4/1/0
Ms. Money moved to suspend the rules
and place Ordinance 1961 on its second reading by title only. Mr. Umland
seconded. By roll call, three voted aye, Ms. Lindblad opposed. Mayor Harrison
voted aye. Motion passed 4/1/0
Ms. Sell read the title aloud.
Ms. Money moved to approve the
second reading of Ordinance 1961 by title only. Mr. Umland seconded. Three voted
aye, Ms. Lindblad opposed. Mayor Harrison voted aye. Motion passed 4/1/0
Ms. Money moved to suspend the rules
and place Ordinance 1961 on its third reading by title only. Mr. Umland
seconded. By roll call, three voted aye, Ms. Lindblad opposed. Mayor Harrison
voted aye. Motion passed 4/1/0
Ms. Sell read the title aloud.
Ms. Money moved to approve the third
reading of Ordinance 1961 by title only. Mr. Umland seconded. Three voted aye,
Ms. Lindblad opposed. Mayor Harrison voted aye. Motion passed 4/1/0
Ms. Money moved to read the
emergency clause. Mr. Umland seconded.
Ms. Sell read the emergency clause
aloud.
City Council 7/12/04 2
1.
1.
Discussion of vacancy on City Council –
Umland, Lindblad
Mr. Umland explained he had agreed to delay this
discussion until the meeting of July 26, but several residents had called him
asking that the council go ahead with the discussion. He said he had been
contacted by a neighbor to the property where Ms. Carroll has moved in Ward 2,
leaving Ward 1.
Ms. Lindblad moved to recognize a vacancy on the
council. Mr. Umland seconded.
Ms. Money said she did not want to discuss the
matter, Ms. Carroll had promised documentation of her residence for the meeting
of the 26th, and she wanted to wait.
Ms. Lindblad said she had calls from citizens asking
the council to follow the law and to declare the vacancy as soon as a council
member moved out of the ward he or she had been elected to represent. Ms.
Lindblad said Ms. Carroll should have notified the council ahead of the move.
Mr. Berry said it was not fair to discuss Ms.
Carroll’s situation when she was not present to contradict statements made.
Mr. Weaver said the state statutes give no clear
guidelines to council members on how to determine if a vacancy exists, they
have to be satisfied in their own minds about the situation. The council can
vacate the seat or a private citizen can bring a lawsuit in circuit court. The
burden of proof of residency is Ms. Carroll’s.
Ms. Money moved to postpone the discussion to the
meeting of June 26 and to have it as the first item of business on the agenda.
Mr. Berry seconded.
Mr. Berry called for the question. Ms. Money
seconded. Mr. Berry and Ms. Money voted aye. Mr. Umland and Ms. Lindblad voted
nay. Motion failed 2/2/0
On the motion to postpone discussion until July 26,
Mr. Berry and Ms. Money voted aye. Mr. Umland and Ms. Lindblad voted nay.
Motion failed 2/2/0
On the motion to declare the vacancy, Mr. Berry
called for the question. Ms. Money seconded. Mr. Berry and Ms. Money voted aye.
Mr. Umland and Ms. Lindblad voted nay. Motion failed 2/2/0
Ms. Lindblad withdrew her motion.
Mr. Umland moved to hold a special meeting when Ms.
Carroll returns from her vacation and can produce documentation of her
residence. Ms. Lindblad seconded. Three voted aye. Mr. Berry voted nay. Mayor
Harrison voted aye to pass the motion. Motion passed 4/1/0
2.
Discussion of Ordinance #1962, an ordinance establishing voting by ward.
Mayor Harrison said she brought the ordinance to the
council for review with the intention of having a discussion during the meeting
of July 26.
Mr. Weaver said the council would need to act on the
ordinance during that meeting so candidates for the city council seats could
file appropriately before filing closed at noon Wednesday, Aug. 4
COUNCIL COMMENTS
Mr. Umland asked for suggestions for
new festivals and ideas about how to bring more people to town.
City Council 7/12/04 3
Ms. Lindblad urged everyone collecting
the CAPC tax to get a copy of the proposed ordinance regarding enforcement and
appeal procedures and to study it before the council begins discussions.
MAYOR’S COMMENTS
Mayor Harrison said she had
the pleasure of attending the North American premier performance of The House of the Sun at the Walton Arts
Center in Fayetteville, produced by Inspiration Point Fine Arts Colony Opera in
the Ozarks. She commended General Director Jim Swiggart, his staff and students
for their efforts.
She also welcomed members of the
Arkansas Rural Educators Association (AREA) for their annual meeting.
Ms. Money moved to adjourn at 7:17
p.m. Ms. Lindblad and Mr. Umland seconded. All voted aye. Motion passed 4/0/0
This is the signature page for the
regular City Council meeting minutes for July 12, 2004.
____________________________________
Mayor
Kathy Harrison
___________________________________
City Clerk Mary Jean Sell
CITY COUNCIL
REGULAR
MEETING MONDAY JUNE 28, 2004
Mayor Kathy Harrison called the regular meeting of the City Council to order at 6:07 p.m., Monday, June 28, in the courtroom of the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison,
Aldermen Penny Carroll, Karen Lindblad, Gayle Money, Bill Ott, Earl “Bud”
Umland, City Attorney Tim Weaver, Building Official Randy Mills, mayor’s assistant
Brenda Spencer and City Clerk Mary Jean Sell. Alderman Robert “Butch” Berry was
absent.
Mayor Harrison led the Pledge of
Allegiance to the Flag.
APPROVAL OF THE AGENDA:
Mr. Ott moved to accept the agenda.
Mr. Ott asked to defer:
Old Business Item #1,
discussion of rules of order, to the July 12 Council meeting.
Old Business Item #2,
discussion of Ordinance #1941, regarding manufactured homes, to the July 26
Council meeting.
Old Business Item #3,
discussion of Ordinance #1959, regarding procedure for non-payment of CAPC
(City Advertising and Promotion Commission) tax, to the July 12 Council
meeting.
New Business Item #2,
Ordinance #1961, regarding a reserved right of way, to the July 12 Council
meeting.
New Business Item #4,
amending Ordinance 1956, regarding retaining walls and establishing a Board of
Appeals, to the July 12 Council meeting.
New Business Item #6,
regarding a discussion of the new sign ordinance, to the July 12 Council
meeting.
Mayor Harrison asked to defer:
New Business Item #1, regarding the Community Health Resource
Board and operating authority, indefinitely.
New Business Item #3,
Ordinance 1963, regarding establishing voting by wards, because the ordinance
is not prepared.
Ms. Carroll asked to add a discussion
of the sewer plant. Mr. Ott joined her. The discussion was set as New Business
Item #1.
Mr. Ott moved to accept the agenda
as amended. Ms. Money seconded. All voted aye. Motion passed 5/0/0
City
Council 6/28/04 1
Ms. Money moved to postpone the reading of the June 14 Council meeting
minutes. Ms. Carroll seconded. All voted aye. Motion passed 5/0/0
COMMISSION, COMMITTEE,
AUTHORITY REPORTS AND VACANCIES:
Mayor Harrison nominated Melissa
Green to Position 7 of the Historic District Commission (HDC), term expires 3/07/05, and
re-nominated Draxie Rogers to Position 3 of the Parks and Recreation
Commission, term expires 5/31/09.
Mr. Ott moved to accept the nomination
of Ms. Green. Ms. Lindblad seconded. All voted aye. Motion passed 5/0/0
Mr. Ott moved to accept the
nomination of Draxie Rogers. Ms. Lindblad seconded. All voted aye. Motion
passed 5/0/0
Planning Commission – Position 5 –
Expires 1/1/07
Planning Commission – Position 3
Expires 7/1/05
Parks and Recreation Commission –
Position 1 – Expires 5/31/07
COMMITTEE REPORTS:
Vision
– Ott, Lindblad, Richie and Harrison
Mr. Ott reported the group is reviewing previous surveys and master
plans for the city to determine a new plan of action. The committee will meet
at 6 p.m. July 6 in the jury room of the Western District Carroll County
Courthouse.
Mr. Umland said he has received four
telephone calls today informing him that Ms. Carroll had moved out of Ward 2
and into Ward 1. He asked her if it is true. Ms. Carroll said “No.” Ms. Lindblad asked Ms. Carroll where she had
moved to. Ms. Carroll said, “This is a legal challenge and you should go
through proper legal channels. I still reside in Ward 1.”
Mr. Weaver said he had gotten
similar questions. He had talked with attorney Mark Hayes at the Municipal
League. In Mr. Hayes’ opinion, the council can regulate its membership, if Ms.
Carroll has moved out of the ward, she is immediately disqualified from the
council, or a citizen can bring a civil suit.
Mr. Umland moved to add the
discussion to the agenda. Ms. Money seconded.
Mr. Umland said there is a question of Ms. Carroll’s
residence and until it is resolved he moved to suspend all of the agenda.
In Mr. Weaver’s opinion, since the Council was not
scheduled to take a final vote on any issue during this meeting, Ms. Carroll
could remain at the table. He cautioned the Council to be aware of possible
action resulting from Ms. Carroll’s votes if she was determined to no longer be
living in Ward 2.
Mr. Umland withdrew his motion and asked that the
discussion be put on the agenda for the meeting of July 26, since Ms. Carroll
will be absent from the July 12 meeting. Ms. Money withdrew her second and
agreed to put the discussion on the July 26 agenda.
City
Council 6/28/04 2
NEW BUSINESS:
1.
Discussion of the wastewater
treatment plant.
Mr. Ott asked if the city’s drinking water is safe. Mayor Harrison said the drinking water is provided by the Carroll-Boone Water District from Beaver Lake and it is safe to drink.
Mr. Ott asked if toxic waste had been dumped from
the treatment plant. Mayor Harrison said the city has had a Class B license to
land apply the sludge from the treatment plant for several years. The sludge
was taken to a proper location in Missouri and land-applied.
Mayor Harrison put a letter on the table from Mark
Owen of the Arkansas Department of Environmental Equality (ADEQ) giving
permission to deconstruct the existing sludge drying beds, the trickling filter
and anaerobic digester.
Mr. Ott asked about employees at the treatment
plant. Mayor Harrison said investigations are still going on. D.J. Fox has a
Class III license and is currently lead operator. Todd Clark has a Class II
license and is assisting her at the plant. Advertisements are in area
newspapers for another person to work at the plant.
Mr. Ott asked about the purchase of the belt press
for processing sludge. Mayor Harrison said she acted on recommendations from
former consultant Marilyn Kelley Still in purchasing the equipment. Ms. Still
had indicated a need to act quickly. She had contacted manufacturing companies,
gotten prices and made a recommendation.
Ms. Money was concerned that the belt press was
purchased without Council knowledge, without Council approval and without
taking bids.
Mr. Ott added his concern over failure to follow
proper bidding procedure.
Ms. Carroll said she is concerned about the water
being discharged from the waste treatment plant into Leatherwood Creek and it’s
effect on the shallow wells in the Elk Ranch area. She has gotten equipment
cost estimates from consulting engineer Ron Tracy, but the numbers are not
clear and she doesn’t understand some of the language and references. She has
requested, but not received, discharge monitor reports from the waste treatment
plant. She said she has been given non-compliance reports. She does not believe
the city is under a “consent order” from ADEQ to dismantle the plant.
Ms. Lindblad said the alternative to the city
building a new plant would be to have ADEQ come in, build the plant and operate
it without any input from the city.
Ms. Money wants to see the plans, have the cost
estimates and to be kept up to date by Public Works Director Robert Forrest.
Mayor Harrison said the plant is discharging water
into the creek that is meeting state standards for the first time in a long
time. Residents of Elk Ranch have no cause for concern about the water. She
quoted Ms. Fox as saying the non-compliance reports were the ones Ms. Carroll
requested and include the information she wanted. Work on the plans and cost
estimates for the new plant are going forward and will be presented when they
are complete.
Discussion was stopped at 7 p.m. so the open
microphone/public forum portion of the meeting could begin.
City
Council 6/28/04 3
The public forum/open microphone is held at the last meeting of each quarter to give citizens a chance to speak directly to the council about matters of concern to them.
John Wiley presented a proposal for
eliminating trolley stop #83 to bring passengers into the Upper Spring Street
shopping area before they are allowed to disembark. He presented a petition
with 38 signatures asking the council “to make a positive change to preserve
the businesses on Upper Spring Street.”
Tony Halter thanked everyone for their
efforts and encouraged the council to strive for more accountability. He
suggested making the entire Historic Loop a quiet zone and asked enforcement of
the noise ordinance with regard to motorcycles. He also asked for more law
enforcement regarding reckless drivers and vehicles without license tags.
Enid Swartz said she lives outside the
city limits but she takes part in activities in town and feels that she is a
member of the community. She asked the council to consider removing trolley
stop #83 as a trial run for the rest of the season and to support the
businesses on Upper Spring Street.
Eric
Scheunemann wanted to let the Mayor and City Council know he was very upset at the
resignation of City Planner Richard Harper. He said Mr. Harper had been very
helpful to the Planning Commission in his ability to gather information and
make fair and impartial recommendations. He wanted to know why the planner was
part of the building official’s office. He asked for efforts to help Mr. Harper
to remain on staff.
Beau Satori asked for an ordinance to
require all of the city commissions to maintain electronic archives of agenda
and minutes with a searchable database. He said Ms. Carroll had vacated Ward 1
and is living in Ward 2. He asked the council to take applications from
volunteers for the seat in the next two weeks and take two weeks to consider
the applications and to proceed with filling the seat. He said he resented Ms.
Carroll’s hostile attitude in asking for a court challenge to her position and
called for her immediate resignation from the council.
James
DeVito
said the people of Ward 3 were not challenging Ms. Carroll’s residency and that
she is a resident of Ward 1. He said three minutes every three months was not
enough time for the council to hear from the public. He asked that a portion of
every council meeting be set aside for public comments. He said an employee of
Tracy Engineering had been a party to the choosing of a new public works
director.
Ed Leswig urged the council to
consider changing the trolley stop and to show support for the merchants.
Joe
Zickmund
said Mr. DeVito’s idea for citizen input is a good one. He asked that the draft
of Ordinance 1959 be put on the next council agenda with an emergency clause
for quick passage.
Jerry
Wilcox
said he had tried to have a meeting with the mayor and she had failed to keep
the appointment. He said he had bought the magic theater (building on Highway
23 south) and would be bringing a lot of employment and new visitors to Eureka
Springs. He felt the fire marshal and building inspector were making unfair
demands on him by requiring a sprinkling system in the building as a fire
prevention and by asking for schematic drawings of the mechanical systems. He
feels no one is working with him to get the building ready.
The public forum ended at 7:22 p.m. Mr. Ott moved
for a break. Mr. Umland seconded. All voted aye. Motion passed 5/0/0 City Council 6/28/04 4
The council meeting resumed at 7:50 p.m.
Discussion of the waste water treatment plant
resumed.
Mr. Ott moved to hold a public forum at 7 p.m.
Monday, July 19, in the courtroom of the Western District Courthouse, so citizens
could hear a presentation of the status of the wastewater treatment plant plans
and ask questions. Ms. Money seconded. All voted aye. Motion passed 5/0/0
2.
Discussion of current sign
ordinance – Money, Carroll
Ms. Money feels the current sign ordinance does not
allow for banners and signage for holidays or special events not sponsored by
the city. There are illegal signs in use all over town.
Mr. Umland agreed, saying recent changes in the sign
ordinance did not allow for holidays and some special event signs.
Mr. Ott said the town needs to decide what it wants
to look like, whether to have a strict sign ordinance or to create visual
chaos.
Ms. Money moved to amend Section 86-4 of the
Municipal Code regarding prohibited signs. Mr. Umland seconded.
Mr. Ott, Ms. Money, the Building Official and City
Attorney are to meet to recommend changes and to bring them to the July 12
meeting.
On the motion, all voted aye to amend the ordinance.
Motion passed 5/0/0
3. Discussion
of Ordinance #1963, an ordinance to adjust the 2004 budget for special election
expenses.
Mayor Harrison said the city had gotten a bill for
$2,342.24 for expenses incurred in holding the special election from the
Carroll County Clerk’s office.
Mr. Ott moved to place Ordinance 1963 on its first
reading, Ms. Money seconded. All voted aye. Motion passed 5/0/0
Ms. Sell read the ordinance aloud.
Mr. Ott moved to approve Ordinance 1963 on its first
reading, Ms. Money seconded. All voted aye. Motion passed 5/0/0
Mr. Ott moved to suspend the rules and place
Ordinance 1963 on its second reading by title only. Ms. Money seconded. By roll
call, all voted aye. Motion passed 5/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance 1963 on its second
reading by title only, Ms. Money seconded. All voted aye. Motion passed 5/0/0
Mr. Ott moved to suspend the rules and place
Ordinance 1963 on its third reading by title only. Ms. Money seconded. By roll
call, all voted aye. Motion passed 5/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance 1963 on its third
reading by title only, Ms. Money seconded. All voted aye. Motion passed 5/0/0
Mr. Ott moved to read the emergency clause. Mr.
Umland seconded.
Mayor Harrison read the emergency clause aloud.
City Council 6/28/04 5
4. Discussion of providing insurance for the Lucky 13 Cinema and Sunday Market.
Mayor Harrison said both events are held on city
property, which Charlotte Buchanan is using, but it is not proper for the city
to provide insurance for privately sponsored events. She thought Ms. Buchanan
would be able to find her own insurance.
5.
Executive Session
Ms. Money moved to have an executive session at 8:45
p.m. to hear a report from Mayor Harrison on disciplinary action decided upon
in an executive session in the June 14 meeting. Mr. Ott seconded. All voted
aye. Motion passed 5/0/0
Council returned at 8:48 p.m. with no further action
to be taken.
Mr.
Umland thanked everyone who came for the public forum. He asked that the
proposal from Mr. Wiley be placed on the next agenda for discussion. Ms.
Carroll, Mr. Ott, Ms. Money and Ms. Lindblad joined the request.
Ms.
Carroll said she would like to see the proposed noise ordinance come back
to the table for discussion in the July 26 meeting. She apologized for the
confusion over her place of residence and said she would have documentation
after her vacation.
Mr.
Ott said he would like to have a trial run with trolley stop #83 removed.
He is disheartened at the loss of Mr. Harper as city planner. With regard to
painting streetlights, he said that is up to AEP/SWEPCO and perhaps council
members could help with requests. He announced the Mike Bishop Sweet ‘n Sassy
show has closed due to a lack of attendance. He encouraged everyone to help
support and attend local attractions.
Ms.
Money had no comments
Ms.
Lindblad said she has been talking with employees of the public works
department to keep up on the situation at the wastewater treatment plant. She
welcomed Melissa Green to the HDC and thanked Draxie Rogers for being willing
to continue to serve on the Parks and Recreation Commission. She supports
looking into the trolley situation.
Mayor Harrison said everyone is
working hard with the engineers and Robert Forrest to make sure he is going by
the book. She and Forrest went to ADEQ in Little Rock on Friday and talked with
Mr. Owen and another engineer about the wastewater treatment plant situation.
She said ADEQ is as anxious as the council to see the plans for the new plant
and to get construction underway.
She invited everyone to the
celebration of Eureka Springs’ 125th birthday Sunday afternoon in
Basin Spring Park and to Lake Leatherwood City Park for evening activities and
fireworks.
Ms. Money moved to adjourn at 9:03
p.m. Mr. Ott seconded. All voted aye. Motion passed 5/0/0
City Council 6/28/04 6
This is the signature page for the minutes of the June 28, 2004, City Council meeting.
________________________________________
Mayor
Kathy Harrison
__________________________________
City Clerk Mary Jean Sell
City
Council 6/28/04 7
CITY COUNCIL
REGULAR
MEETING
MONDAY, JUNE 14, 2004
Mayor Kathy Harrison called the
regular City Council meeting to order at 6 p.m. Monday, June 14, in the jury
room of the Western Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch” Berry, Penny Carroll, Karen Lindblad, Gayle Money, Bill
Ott, Earl “Bud” Umland, City Attorney Tim Weaver, Building Official Randy
Mills, Public Works Director Robert Forrest, Police Chief Earl Hyatt, Parks
Director Bruce Levine, ACE (Arkansas Community of Excellence) Coordinator
Glenna Booth, mayor’s assistant Brenda Spencer and City Clerk Mary Jean Sell.
Mayor Harrison led the Pledge of
Allegiance to the Flag.
Ms. Carroll moved to go into executive session. Ms Money
seconded. Ms. Carroll said the executive session was needed to discuss a
resignation. All voted aye. Motion passed 6/0/0
The executive session began at 6:05
p.m. The council meeting resumed at
6:59 p.m. Mayor Harrison said there would be no action on the resignation but
disciplinary action would be taken.
Ms. Money moved to approve the
agenda. Ms. Lindblad seconded.
Mayor Harrison announced Item #2 of New
Business, Community Health Resource Board and operation authority would be
moved to the June 28 agenda by request of Dr. Dan Bell. Item #5 of New
Business, discussion of Green Zone Committee recommendations, would be moved to
the June 28 agenda by request of Parks Director Levine.
Mr. Ott asked for a discussion of
the council’s rules of procedures to be added to the June 28 agenda.
Ms. Money corrected agenda Item 2
under Old Business, this is the third reading of Ordinance #1957, not the
second.
Mr. Ott said the agenda does not
reflect the tabling of Ordinance 1941, regarding manufactured housing, to this
meeting. He asked that it be added as the last item of Old business.
Ms. Money moved to approve the
agenda as amended. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
Ms. Money moved to approve the
minutes of May 24 as presented. Ms. Lindblad seconded. All voted aye. Motion
passed 6/0/0
City Council 6/14/04 1
COMMISSION, COMMITTEE AND AUTHORITY REPORTS AND VACANCIES:
Planning Commission – Position 5 – Expires 1/1/07
Planning Commission - Position 3 - Expires 7/1/05 – vote –
Marilyn Kelley Still
Mayor
Harrison said Ms. Still had withdrawn her name from consideration.
Historic District Commission –
Position 7 – Expires 3/7/05 – nominee Melissa Green
Parks & Recreation
Commission - Position 1 – Expires
5/31/07
Parks and Recreation Commission –
Position 3 – Expires 5/31/09 – re-nomination – Draxie Rogers
DEPARTMENT HEAD COMMENTS:
Police,
Transit, Public Works, Parks and ACE
Mayor Harrison said the department heads have chosen to come to the council meetings only when they have something specific they need or to make requests. Mr. Ott asked if this could be included in the rules of procedure for the council during the June 28 meeting.
Police Chief
Earl Hyatt
reported a calm Blues Festival weekend. The Eureka Springs Police arrested 10
persons and the state police arrested 10 persons. The state police had its DWI
(Driving While Intoxicated) team working on the highway. Chief Hyatt said the
availability of public transportation gave persons who might have been drinking
the option of not driving after the events.
Public Works
Director Robert Forrest reported a pre-bid walk-through on Benton St. this morning. Work at
Lake Leatherwood boat dock and roads has been completed. The wastewater
treatment plant was inspected June 4 by a representative of the Arkansas
Department of Environmental Quality (ADEQ) and no violations were found. Laboratory
results on tests of the effluent from the plant are back and the city is within
all parameters. Good quality water is being discharged from the plant. Ms.
Carroll asked Mr. Forrest for cost estimates on the planned improvements to the
wastewater treatment plant. He said they have not all been completed.
Parks Director
Bruce Levine
reported the lights at the Lake Leatherwood Soccer Field and parking lot should
be completely installed by July 4. The arch sign for Basin Park is scheduled to
be in place by July 4. He thanked the Basin Park Improvement Committee for its
work and the Eureka Springs Rotary Club for funding the sign. Work on the
Skatepark in Harmon Park is approximately two and a half weeks from completion.
The work is being done by Dreamland of Oregon.
ACE
Coordinator Glenna Booth reported she has not heard the results of the application for the
historic homes preservation grant of $94,500. A $400,000 grant has been
submitted to the federal Housing and Urban Development (HUD) department to be
used in developing the city’s Arts and Cultural District. She and members of
the Parks and Recreation Commission received a $15,000 check from the Arkansas
Rural Development Commission (ARDC) during its recent conference in town. The
ACE Core Team is getting material together to submit to the state for
certification. The business team is working to format a two-part website for
prospective businesses and residents to
City Council 6/14/04 2
the
community. It will be linked to the Chamber of Commerce website by the end of
July. The Tourism Team is working on the 125th Birthday Celebration
for Eureka Springs. Information is being gathered to submit Eureka Springs for
consideration as a Volunteer Community of the Year. The America In Bloom
Committee has been photographing gardens to submit to judges when they arrive
in July to review the town. The work to submit a proposal to become a historic
district of national significance should begin soon. The paperwork has to be
submitted during February.
COMMITTEE REPORTS:
Vision – Ott, Lindblad, Richie and Harrison
The committee was unable to meet.
Another meeting was set for 5:30 p.m. Tuesday, June 22.
OLD BUSINESS:
1. Discussion of Ordinance #1956, an ordinance
regarding retaining walls (3rd reading)
Ms. Lindblad moved to suspend the
rules and place Ordinance 1956 on its third reading by title only. Ms. Money
seconded. Five voted aye. Mr. Berry opposed. Motion passed 5/1/0
Mayor Harrison read the title of the
ordinance aloud.
Ms. Lindblad moved to approve
Ordinance 1956 on its third reading by title only. Mr. Umland seconded.
Mark Jipp, co-owner of the Veranda
Inn, 38 Prospect, and Jeff and Lee Jeans, 7 Hillside, presented information
about their own retaining wall situations. Mr. Jipp believes the city should be
responsible for the large wall at the back of his property. He can find no
records of why or when the wall was built. Mr. Jeans says the wall holding up
Hillside St. is moving toward his house and that the wall is not on his property.
After lengthy discussion, Mr. Umland
called for the question to stop discussion. Mr. Ott seconded. Mr. Umland, Mr.
Ott and Ms. Lindblad voted aye. Ms. Carroll, Ms. Money and Mr. Berry voted
against. Mayor Harrison voted aye to break the tie to call the question. Motion
passed 4/3/0
On the motion to approve the
ordinance, Ms. Lindblad, Mr. Ott and Mr. Umland voted aye. Ms. Money, Ms.
Carroll and Mr. Berry voted against. Mayor Harrison voted aye to break the tie
to approve the ordinance.
2.
Discussion of Ordinance #1957, an ordinance to establish a Board of Appeals
-Berry – (3rd reading)
Ms. Money moved to suspend the rules
and place Ordinance 1957 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 of the ordinance
aloud.
Ms. Money moved to approve Ordinance 1957 on its
third reading by title only. Mr. Berry seconded.
Ms. Lindblad said she opposed the ordinance because
she did not feel a sufficient effort had been made to find qualified members
for the board as set out in the
City Council 6/14/04 3