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 Ma