CITY COUNCIL
REGULAR
MEETING
Mayor Kathy Harrison called the regular City Council meeting to order
at
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch” Berry, Penny Carroll, Karen Lindblad, Gayle Money, Bill
Ott, Earl “Bud” Umland, City Administrative Assistant Kim Dickens, Finance
Director Diane Murphy, Public Works Director Kirby Murray, City Advertising and
Promotion Commission (CAPC) Marketing Director Lynn Berry, Assistant Fire Chief
Bob Pettus, Parks Director Bruce Levine, Chief of Police Earl Hyatt, Transit
Director Lamont Richie and City Clerk Mary Jean Sell.
PLEDGE OF ALLEGIANCE TO THE
FLAG:
Mayor Harrison led the Pledge of Allegiance.
APPROVAL OF THE AGENDA:
Mr. Ott moved to approve the agenda
as presented. Ms. Money seconded.
Ms. Dickens said she had a request
from the Greater Eureka Springs Chamber of Commerce to reserve the parking lots
on either side of the city hall/courthouse for parking for the Antique Car Show
from 8 a.m. to 6 p.m. Saturday, Sept. 6. She asked that this item be made #8
under New Business.
Ms. Money moved to approve the
agenda as amended. Ms. Carroll seconded. All voted aye. Motion passed 6/0/0
APPROVAL OF THE MINUTES: May
12, 2003 May 28, 2003 July 28, 2003
August 11, 2003
May 12 – Ms. Money moved to postpone approval of the May
12 minutes until corrections could be made. Ms. Carroll seconded.
Ms. Money noted the following corrections: Item #0, removal of the three-way stop signs at Spring and Main Sts. was not listed in the items added to the agenda. Unfinished business, Item 1 on Page 4 needs the word “council” added to the third line.
Unfinished
business, Item 2, discussion of Ordinance 1914, who voted for and against the
ordinance on each vote. New Business, Item #1, what does CPI mean? In the last paragraph on Page 3, in the
discussion of additional agenda items, 5 needs to be added after #. Page 5,
Item #6 (B) discussion of Lower Wall St., addition of “for” in front of 220
feet in paragraph 6. On Page 6, Item #8, discussion of the CAPC bond,
correction to vote tally 4/1/0. Page 6, Item #10, discussion of next meeting,
date is May 28.
Mr. Berry requested pages of minutes
be numbered.
Ms. Money moved to amend her motion
to approve the minutes of May 12, with changes to be provided to council before
the Sept. 11 meeting. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
Council 8/25/03 1
May
28 – Ms. Money moved to approve the minutes. Ms. Carroll seconded.
Ms.
Money noted these corrections: the May 12 and July 14 minutes were not
available, the May 28 minutes are waiting on corrections. In Unfinished Business,
Item #1 first paragraph, who voted aye and who voted nay. Ms. Money moved to approve the minutes as
amended. Ms. Carroll seconded. All voted aye. Motion passed 5/0/0
Aug.
11 – Ms. Money moved to approve the minutes with amendments. Ms. Carroll seconded.
Ms. Money noted these corrections: the May 12 and July 14 minutes were not
available, the May 28 minutes are waiting on corrections.
Mr. Berry asked that when department heads support
written reports that they be attached to the “office copy” of the minutes.
Ms. Money asked that in Unfinished
Business, Item #1, discussion of Ordinance 1920 regarding special events, that
the suggestions for changes from individual council members be included in the
minutes. Item #2, Ordinance 1924, the mayor had announced the removal of this
discussion item at the beginning of the meeting.
All voted aye on the amended
minutes. Motion passed 5/0/0
COMMISSION, COMMITTEE,
AUTHORITY REPORTS AND VACANCIES:
Planning
Commission – Position 2 – Expires 1/1/05
Parks
Commission – Position 4 – Expires 5/31/05
Hospital
Commission – Position 1 – Expires 9/7/05
CAPC
– Position 1 – Expires 6/30/05
Mayor Harrison said she had put two nominations in council mailboxes just before the meeting for consideration. David Renko has applied for the parks position. The CAPC position is to represent lodging.
DEPARTMENT HEAD COMMENTS:
Finance,
CAPC, Fire/EMS, Hospital, Parks, Police, Public Works and Transit
A.
Finance Director Diane Murphy reported the city’s sales tax revenue is down
3 percent from last year, as of end of July, but it will not affect this year’s
budget. Water and sewer revenues will have to be watched closely to maintain
and meet the bond covenant target numbers to meet bond payments on the sewer
line project. There is a budget workshop at 6 p.m. Tuesday, Aug. 26.
B.
CAPC Marketing Director Lynn Berry read a bi-weekly report of activities,
highlighting the recent success of the Bluegrass Festival; the hiring of John
Nichols as CAPC director; Jane Ellen Frazier, group travel manager for the
Arkansas Department of Parks and Tourism, will give an overview of changes in
group tour travel at the CAPC meeting Aug. 28. Complete report attached to
office copy of minutes.
C.
Assistant Fire Chief Bob Pettus gave the council copies of the proposed
floor plan for the renovation of the fire department building at 146 E. Van
Buren; reported that local paramedic salaries are not high enough to compete
with surrounding cities; the Arkansas Paramedic Association is planning to have
a retreat in Eureka Springs next year.
D.
There was no hospital report.
E.
Parks Director Bruce Levine
introduced Parks and Recreation Commission Chairman Bill Featherstone. Levine
spoke briefly about the Basin Park Improvement
Council 8/25/03 2
Committee
appointed early this year by Mayor Harrison. He said third year students from
University of Arkansas will work with the committee to study pedestrian traffic in Basin Park. He believes he will have $1,000 to $1,500 left in the lighting budget for Lake Leatherwood Park Ball Fields and he wants to use that money to purchase a surveillance camera to install randomly in various city parks to help stop vandalism.
F.
Police Chief Earl Hyatt joined in Levine’s request for the camera. He also
reported he had researched the overtime hours for officers vs. hiring a new
officer. He said 979 overtime hours had been worked as of Aug.14, and that
represented 75 percent of an officer’s salary. Officer James Loudermilk has
received a $1,500 grant from Wal-Mart to purchase digital cameras for the
police patrol car. Hyatt participated in a two-day conference in Washington,
D.C., dealing with missing and exploited children. Det. Shelley Summers has
attended a Gang Resistance Education And Training (G.R.E.A.T.) conference with
an emphasis on family participation in the program.
G.
Transit Director Lamont Richie discussed using a Global Positioning
Satellite (GPS) system to monitor locations of trolleys; changes in the express
Green Route next year to run from the Greater Chamber of Commerce Visitors
Center/Transit Office to the downtown trolley depot to the railroad station and
back; purchase of computer diagnostic programs for trolley maintenance and
repair; expansion of the trolley barn to accommodate additional trolleys.
Ms. Money asked if the ACE (Arkansas
Community of Excellence) Coordinator Glenna Booth could make a report to the
council. Mayor Harrison said the next ACE Core Group meeting is at 4 p.m.
Wednesday, Sept. 10, in city hall.
After a discussion about the length
of time for all department heads to make reports, council members agreed to ask
only half of them at a time to attend meetings.
Mayor Harrison announced a short
break at 6:55 p.m. The meeting resumed at 7:12 p.m.
Ms. Dickens said the Judy Company
has completed the stabilization work at Lake Leatherwood Dam. They were able to
bring the project in under budget and were had funds to repair a leak at the
base of the dam and to make repairs on the handrails on top of the dam.
UNFINISHED BUSINESS
1. Discussion regarding Ordinance 1920, an ordinance
regarding special events. (Review list of exceptions and approve the final
draft for 1st reading.)
Ms. Dickens said she had just
realized the proposed ordinance was supposed to be on the city’s website and it
was not posted. She said she would get it to the website manager on Tuesday for
posting.
Ms. Lindblad moved to form a
committee to work on the ordinance. Ms. Money seconded. All voted aye. Motion passed 6/0/0 Mayor Harrison, Ms. Lindblad, Mr. Umland and
Ms. Money volunteered to serve on the committee.
Council
8/25/03 3
2.
Discussion regarding the possible conflict of interest concerning the City
Clerk.
Ms. Carroll brought up concerns in the July 28
meeting that the city clerk is also the editor of the Times-Echo newspaper and perhaps there is a conflict of interest
between the two positions. Ms. Dickens was subsequently instructed to contact
the Municipal League for an attorney’s opinion and possibly the state’s
attorney general.
Ms. Dickens said she and Alderman Lindblad had both
talked with David Schoen at Municipal League and were waiting on his written
opinion. She quoted Schoen as saying there was no conflict of interest. She
said she had also talked with Dennis Schick, executive director of the Arkansas
Press Association (APA) and he had said there was a handbook for reporters
available. With regard to the suggestion that FOIA requests had been violated
because minutes were not made available, Dickens said she could not find such
requests.
City Attorney Tim Weaver said he was in contact with
state Sen. Phil Jackson of Berryville and had presented a request through him
to the attorney general for an opinion about residence requirements for CAPC
commissioners. He wanted to know if the council wanted Sen. Jackson to ask the
attorney general for an opinion on this matter.
Mayor Harrison asked for a vote on the question. Ms.
Carroll and Ms. Money voted aye, Ms. Lindblad, Mr. Berry, Mr. Ott and Mr.
Umland voted nay. 2/4/0
Ms. Money continued the discussion moving to set a
time frame for completion of council minutes. Ms. Carroll seconded.
Ms. Money, Ms. Carroll and Mr. Umland voted aye, Ms.
Lindblad, Mr. Berry, Mr. Ott voted nay. The motion failed 3/3/0
3.
Discussion regarding the City Attorney’s duties. (Ad Hoc Committee)
Mr. Ott said he was very impressed with the work the
members of the Ad Hoc Committee had done, particularly Ms. Money and Ms.
Lindblad. He moved that the proposed ordinance be numbered, placed on the
city’s website and on the agenda for the Sept. 8 meeting. Ms. Lindblad
seconded.
Ms. Dickens suggested any corrections from the
council should be emailed or sent to her for Weaver’s review. She said the
number for the ordinance will be #1926.
All voted aye. Motion passed 6/0/0
NEW BUSINESS:
1. Discussion regarding Ordinance 1923, an ordinance
amending the 2003 adopted budgets for the remaining six month period beginning
July 1, 2003, and ending December 31, 2003. (1st reading)
Ms. Lindblad moved to postpone the
reading of the ordinance since budget adjustments have not been completed. The
motion died for lack of a second.
Ms. Money moved to place Ordinance 1923 on its first
reading. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
Ms. Dickens read the ordinance
aloud.
Ms. Money moved to approve Ordinance
1923 on its first reading. Mr. Berry seconded. All voted aye. Motion passed
6/0/0 Council 8/25/03 4
2.
Discussion regarding Ordinance 1925, an ordinance establishing a moratorium on
all fill and excavation projects.
Ms. Dickens said this ordinance is
the same as Ordinance 1916 passed earlier this year, with the effective dates
changed to reflect today’s date and the 128 days until the end of December.
The Planning Commission is in the
process of drafting an ordinance to be incorporated in to the city’s Municipal
Code dealing with excavation, grading and fill.
Mr. Berry moved to place the
ordinance on its first reading. Mr. Ott seconded.
Ms. Dickens read the ordinance
aloud.
Mr. Berry moved to amend the
ordinance by striking the last line of the first paragraph, referring to “new
staff member.”
Ms. Money moved to approve the
ordinance on its first reading with the amendment. Mr. Berry seconded. All
voted aye. Motion passed 6/0/0
Mr. Berry moved to suspend the rules
and place Ordinance 1925 on its second reading by title only. Ms. Money
seconded. By roll call, all voted aye.
Ms. Dickens read the title of the
ordinance aloud.
Mr. Money moved to approve Ordinance
1925 on its second reading by title only. Mr. Berry seconded. All voted aye.
Motion passed 6/0/0
Ms. Money moved to suspend the rules
and place Ordinance 1925 on its third reading by title only. Mr. Berry seconded.
All voted aye. Motion passed 6/0/0
Mr. Ott moved to amend the motion to include the
reading of the emergency clause. Ms. Money seconded. All voted aye. Motion
passed 6/0/0
Mr. Ott moved to suspend the rules and place
Ordinance 1925 on its third reading by title only with the emergency clause.
Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
Ms. Dickens read the title and the emergency clause
aloud.
Mr. Ott moved to approve Ordinance 1925 on its third
reading by title only, including the emergency clause. Mr. Berry seconded. All
voted aye. Motion passed 6/0/0
3.
Discussion regarding the meeting time for City Council meetings.
Ms. Lindblad moved to set the time at 6 p.m. to
start council meetings. Mr. Ott seconded.
Ms. Money moved to call the question to stop the
discussion. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
On the motion to set the meeting time at 6 p.m.,
five voted aye, Ms. Carroll voted nay. Motion passed 5/1/0
4. Discussion regarding drafting an ordinance to amend Section 62 of the Eureka Springs Municipal Code regulating historic preservation. (A copy of the amendments is attached to office copy of minutes.)
Mayor Harrison explained these amendments had been
proposed by Paul Suskie, city attorney for North Little Rock, Ark. Council 8/25/03 5
Ms. Lindblad moved to discuss the proposal. Mr.
Berry seconded.
Historic District Commissioner (HDC) Ray Dilfield
said the amendments address “demolition by neglect” of historic structures and
provide enforcement authority. He said the amendments have stood through 10
years of court appeals in North Little Rock, Osceola and Morillton. Conway’s
city council is currently considering adopting them.
The
local HDC has unanimously approved these amendments for inclusion in Section 62
of the Municipal Code.
Penalties are already included in
the Municipal Code.
Ms. Lindblad urged support of the
amendments because the historic district could lose some of the significant
contributing structures through neglect and lose its National Historic Register
status.
Mr. Ott moved to have the council
place the amendments in the ordinance. Ms. Lindblad seconded.
John Mitchell spoke against the
amendments. He believes it will place an undo financial burden on property
owners who are not able to maintain their properties “in pristine condition.”
Mr. Ott suggested the HDC have a
public hearing on the proposal. Mr. Dilfield suggested perhaps the council and
HDC could invite Suskie here to discuss the amendments.
On the motion to have the amendments
placed in the city ordinance, All voted aye. Motion passed 6/0/0
5.
Discussion regarding Council decision to waive bidding on the city sewer
project.
Mayor Harrison said she has had a
lot of questions from council members and citizens about accountability on this
project. She did not want discussion or decisions to reflect badly on Public
Works Director Kirby Murray.
Ms. Lindblad moved to discuss the
issue. Mr. Umland seconded.
Ms. Money said the council has never
gotten any numbers about the cost of the project, the rental of the equipment
or labor. She wants a report for the Sept. 8 meeting.
Ms. Lindblad asked for cost
breakdowns on supplies, labor, equipment and change orders, if any.
Mr. Ott moved to have Mr. Murray
bring information to the council during the Sept. 8 meeting. Ms. Carroll
seconded.
Mr. Berry suggested it would be
better to have a workshop with Mr. Murray or a special meeting.
Mr. Ott moved to amend his motion to
have a televised workshop with Mr. Murray within the next two weeks. Ms.
Carroll agreed to amend her second. The workshop was set for 6 p.m. Tuesday,
Sept. 9, in the jury room of the courthouse. All voted aye. Motion passed 6/0/0
Council 8/25/03 6
6.
Discussion regarding Ordinance 1924, an ordinance to waive competitive bidding
for the lights at Lake Leatherwood Sports Fields. (1st reading)
Parks Director Bruce Levine
explained bids had been taken on the lighting project but had come in at
$250,000. They were rejected as too high. He said he has been able to negotiate
prices for individual elements of the lighting project with suppliers and
contractors. He believes he can purchase the materials and contract for the
labor and have the project finish at less than the $80,000 the council gave the
Parks and Recreation Commission for the project.
Ms. Carroll moved to place Ordinance
1924 on its first reading. Mr. Berry seconded. Five voted aye, Ms. Lindblad
voted nay. Motion passed 5/1/0
Ms. Dickens read the ordinance
aloud.
Ms. Money moved to approve Ordinance
1924 on its first reading. Ms. Carroll seconded.
Mr. Ott moved to amend the ordinance
Section 1 to include language that the work is done in the year 2003. Mr. Berry
seconded the amendment. Five voted aye, Ms. Lindblad voted nay. Motion to amend
passed 5/1/0
7.
Discussion regarding the bid tabulations for the remodeling of the Fire/EMS
building at 146 E. Van Buren.
Assistant Fire Chief Bob Pettus
presented the figures to the council.
Ms. Dickens said bids had been
opened Aug. 19 and Patriot Builders of Bentonville, Ark., had won the bid at
$126,400. This is the company that built the new police station on Passion Play
Road.
Mr. Ott moved to approve the bids as
submitted. Ms. Money seconded.
Ms. Dickens said the project could
not move forward until the council has amended the city’s budget and allocated
the funds for the remodeling.
Mr. Ott moved to amend his motion to
approve the bids contingent on amending the budget and finding the necessary
funds. Mr. Umland seconded. Five voted aye, Ms. Lindblad voted nay.
8.
Discussion of request from the Greater Eureka Springs Chamber of Commerce to
reserve parking in the two lots adjacent to the city hall/courthouse from 8
a.m. to 6 p.m. Saturday, Sept. 6, for the annual Antique Car Show.
Mr. Ott moved to approve the
request. Mr. Umland seconded.
Ms. Lindblad said she had gotten
complaints from merchants in the area that reserving the parking lots hurts
their business because customers cannot park nearby.
Five voted to approve the motion,
Ms. Lindblad voted nay. Motion passed 5/1/0
COUNCIL COMMENTS:
Ms. Lindblad asked to put the
proposed landscape and sidewalk ordinances on the Sept. 8 agenda. Mr. Berry
joined the request.
Mr. Ott announced he and Mr. Berry
would have “Politics in the Park” in Basin Spring Park on Sundays, Sept. 21,
Oct. 19, Nov. 16 and Dec. 21, to talk with constituents.
Ms. Money wants notes on items
placed in city council member mail boxes from persons who put the items there
and explanations of why the items are there.
Council 8/25/03 7
MAYOR’S COMMENTS:
Mayor Harrison said she had spent
three days last week in an Arkansas Economic Development seminar in
Fayetteville involving people from chambers of commerce and economic
development groups working on bringing more development into NW Arkansas. She
said a Northwest Arkansas Chamber of Commerce is forming and she wants Eureka
Springs to be a member.
She has had several requests for a
public hearing on the auditorium grant and announcements of how the money will
be spent. She said safety code items will be addressed first, then other
projects as funds are available.
Mr. Ott moved to adjourn at 9:18
p.m. Mr. Umland seconded. All voted aye. Motion passed 6/0/0.
This is the signature page for the
City Council minutes of Aug. 25, 2003.
______________________________
Mayor
Kathy Harrison
__________________________________
City Clerk Mary Jean Sell