CITY COUNCIL
Mayor Dani Joy called the regular meeting of the Eureka Springs City Council to order at 6 p.m. Monday, March 31, 2008, in the courtroom on the third floor of the Western District Carroll County Courthouse. This meeting was rescheduled from the regular date of March 24.
PRESENT: Mayor Dani D. Joy, Aldermen Patrick Brammer, Rae Hahn, Kathy Harrison, Eric Scheunemann, Joyce Zeller, City Attorney Tim Weaver, Finance Director Yvonne Kline, Public Works Director Dwayne Allen, Fire Chief Eddie Davis, Building Official Marion Chrysler, Planning Commissioner Ken Pownall, Hospital Commission Chairman Dr. Pam Crockett, Historic Preservation Officer Glenna Booth and City Clerk-Treasurer Mary Jean Sell CMC.
Mayor Joy introduced Chief Davis who read a letter of commendation from Carroll County Judge Richard Williams regarding the evacuation of four persons in a residence below Black Bass Dam on March 18 during heavy rain conditions.
Judge Williams cited Michael Harris, O.F.M., Jim Capps, Jimmy Capps, Firefighter Gene Murphy, Assistant Chief Bobby Kelly, Capt. Larry Hodge, Capt. Jed Bullock, Holiday Island Fire Department E.M.R. Kenneth Douglas, Capt. Harry Huntley, Paramedic Billy Summers and E.M.T. Billy Hayes for their actions in getting the family out of the situation.
Some of the men were present and were acknowledged by Chief Davis and applauded for their work.
PLEADGE OF ALLEGIANCE:
Mayor Joy led the Pledge of Allegiance to the Flag.
APPROVAL OF THE
AGENDA:
Mr. Brammer moved to approve the agenda. Mr. Scheunemann seconded.
Ms. Hahn said she wanted a discussion of public comments on the agenda. Mr. Scheunemann seconded. All voted aye. Motion passed 5/0/0
Ms. Harrison said she wanted a discussion as requested by Beverly Blankenship of four-year staggered Council terms on the April 14 agenda. Mr. Scheunemann seconded. All voted aye. Motion passed 5/0/0
On the motion to approve the agenda as amended, all voted aye. Motion passed 5/0/0
APPROVAL OF THE MINUTES: March 17, 2008
Mr. Scheunemann moved to approve the minutes of the regular City Council meeting of March 17, 2008. Mr. Brammer seconded.
Ms. Hahn said she wanted added as her Council comments: On Nov. 5, 2007, City Attorney Weaver said
any action regarding taxis and limousines should wait until after the May 20,
2008, referendum vote.
Mr. Scheunemann said he wanted the word possible added to his comment on the review of the water and sewer expenditures.
On the motion to approve the minutes as amended, all voted aye. Motion passed 5/0/0
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Hospital – Chairman Crockett read a report aloud as a general update on the Eureka Springs Hospital since the management take over by Allegiance Health Management Oct. 1, 2007.
Building – Ms. Chrysler reported everything running smoothly with no problems.
Fire Department – Chief Davis said the completion of the installation of a new alarm system at the Crescent Hotel which will be a prototype system for businesses in town. The new fire truck is under construction. The department now has a total of 41 persons, with 12 paid members. The 1997 Lake Leatherwood Action Plan was put into effect on March 18 and will now be updated.
Public Works- Mr. Allen said the Main Street sidewalk project is approximately half done. There was some damage to the bridge at Main and Magnetic and his department will make the repairs. He has planned for the re-painting and establishment of new crosswalks. The annual clean-up is scheduled for April 22-May 2.
Finance – Ms. Kline read aloud a statement answering questions from a citizen about the city’s financial status.
PUBLIC COMMENTS:
Ken Pownall asked that on-going Council discussion be relevant to city business.
Kevin Thompson asked that the Domestic Partnership Registry (DPR) be brought back to the table for additional discussion and put on the November general election ballot for a vote by the citizens.
Alvin Byrd asked for a public comments portion of each Council meeting for citizens to speak to issues not on the current agenda.
Steven James Gary asked for the Council to give a vote of confidence to public school teachers.
Mickey Schneider asked the Council to discuss members’ attitudes and protocol for meetings.
COMMISSION,
COMMITTEE, AUTHORITY REPORTS AND VACANCIES:
Historic District Commission – Position 6 – expires 3/7/11 Mayor Joy nominated Vicki Webster.
Parks and Recreation Commission – Position 6 – expires 5/01/09
Planning Commission – Position 2 - expires 1/1/11
Black Bass Dam Committee – Ms. Hahn said there will be a meeting at 1 p.m. Tuesday, April 8, at City Hall to discuss the Black Bass Trail project.
OLD BUSINESS:
1.
Discussion of Ordinance 2075 amending HDC procedures
(2nd reading vote)
(Mayor Joy)
Mr. Brammer moved to open discussion. Ms. Zeller seconded. All voted aye. Motion passed 5/0/0
Ms. Booth
explained the proposed changes are to bring the local Historic District
Commission (HDC) ordinance into compliance with the state’s statutes. The
city’s original ordinance reflected the state’s language, but it has been
changed, without ordinance authority, in the past few years. City Council 3/31/08 2
Ms. Hahn moved to approve Ordinance 2075 on its second reading. Mr. Brammer seconded. By roll call, four voted aye. Added by Mr. Scheunemann April 14, 2008, “Mr. Scheunemann said he would discuss but not vote because A.C.A. 14-42-109 prohibits elected officials from willful and knowing failure to execute any law. By voting, and continuing business we are failing to execute A.C.A. 14-42-411 regarding Alderman vacancy.” Motion passed 4/1/0
2.
Discussion of Farmers’ Market in Planer Hill Park and Ride Lot (Harrison, Hahn)
Ms. Harrison moved to discuss the location of Farmers’ Market. Mr. Scheunemann seconded. All voted aye. Motion passed 5/0/0
Mayor Joy read aloud an email to Transit Director Lamont Richie from James “Mickey” Newcomb, Public Administration Administrator for the Arkansas Highway and Transportation Department, recommending the Park and Ride Lot remain just that and not be used for other purposes.
She read an email from Heriberto (Eddie) Chavarria, Community Planner and Program Management Specialist for the Federal Transit Administration saying the FTA encourages incidental uses of such properties as a means of supplementing transit revenues.
Patrice Gros, founder of the Farmers’ Market, made a presentation on the desirability of the location for the market and as an attraction to the area. He said the market would be held on from 6:30 a.m. to noon on Tuesdays and Thursdays on the upper level of the parking lot and would have approximately 20 vendors.
Mr. Scheunemann moved that the City Council recommend to Mr. Richie and encourage him to allow the use of the Planer Hill lot for the Farmers’ Market. Ms. Hahn seconded. By roll call, Ms. Zeller, Ms. Hahn, Mr. Scheunemann voted aye. Mr. Brammer and Ms. Harrison abstained. Motion failed 3/2/0
Ms. Harrison moved that the Council write a recommendation for the negotiation of a partnership between Transit and the Farmers’ Market for use of the parking lot area on Tuesdays and Thursdays from 6:30 a.m. to noon. Ms. Hahn seconded. By roll call, Ms. Harrison, Mr. Scheunemann, Ms. Hahn voted aye. Ms. Zeller voted no. Mr. Brammer abstained. Motion failed 3/1/1
Ms. Harrison moved that the City Council encourage a 501-3(C) intervene and write a resolution suggesting a compromise to have the Farmers’ Market in the Planer Hill Parking Lot. Ms. Hahn seconded. Ms. Harrison, Ms. Hahn, Mr. Scheunemann voted aye. Ms. Zeller voted no. Mr. Brammer abstained. Motion failed 3/1/1
Mr. Brammer moved to postpone discussion to the next meeting. Mr. Scheunemann seconded. All voted aye. Motion passed 5/0/0
Mr. Brammer moved at 8:05 p.m. to take a 10 minute break. Ms. Harrison seconded. All voted aye. Motion passed 5/0/0 Meeting resumed at 8:20 p.m.
NEW BUSINESS:
1. Discussion of raising city water and
sewer rates (Mayor Joy)
Mayor Joy said Finance Director Yvonne Kline needed more time to prepare information on the issue.
Mr. Scheunemann moved to postpone discussion of raising city water and sewer rates to
the next regular meeting. Mr. Brammer seconded. Mr. Brammer, Ms. Zeller, Mr. Scheunemann
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voted aye. Ms. Hahn and Ms. Harrison voted no. Mayor Joy voted aye to approve the motion. Motion passed 4/2/0
PUBLIC COMMENTS:
Ms. Hahn moved to open the discussion on rules and procedures. Mr. Brammer seconded. All voted aye. Motion passed 5/0/0
Ms. Hahn moved that citizen comments be placed on the agenda before council comments at regular City Council meetings. Mr. Brammer seconded.
Comments were taken from Alvin Byrd, Ken Pownall, Amanda Banaszek.
On the motion, Ms. Harrison, Mr. Brammer, Ms. Hahn voted aye. Ms. Zeller voted no. Mr. Scheunemann did not vote. Motion failed 3/1/1
Ms. Zeller moved to have public comments on the agenda at the beginning before each item was voted on for discussion. Mr. Brammer seconded.
Comments were taken from Rick Bright, Amanda Banaszek, Barbara Lightner.
Ms. Zeller moved to amend her motion to include an open microphone during the first meeting of each month. Mr. Brammer seconded. Mr. Brammer and Ms. Zeller voted aye. Ms. Hahn and Ms. Harrison voted no. Mr. Scheunemann did not vote. Motion failed 2/2/1
Ms. Hahn moved to have to allow one minute for agenda setting comments, comments on old or new agenda items Added by Ms. Hahn April 14, 2008, “before Council votes to discuss” and public comments before city council comments. Mr. Brammer seconded. All voted aye. Motion passed 5/0/0
AGENDA SETTING:
Ms. Harrison asked to have a
discussion of staggered council four year terms.
Mr. Brammer moved to adjourn at 9:21 p.m. Ms. Hahn seconded. All voted aye. Motion passed 5/0/0
This is the signature page for the minutes of the regular Eureka Springs City Council meeting of Monday, March 31, 2008.
_____________________________________
Mayor Dani D. Joy
_________________________________
City Clerk-Treas. Mary Jean Sell CMC
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