CITY COUNCIL
REGULAR
MEETING
Mayor Kathy Harrison called the regular City Council
meeting to order at
PRESENT: Mayor Kathy Harrison,
Aldermen Penny Carroll, Karen Lindblad, Gayle Money, Bill Ott, Earl “Bud”
Umland. There is one vacancy on the council. City Finance Director Diane
Murphy, Public Works Director Kirby Murray, Carroll County Judge Ed Robertson,
Justice of the Peace Marshall Turner, Western Carroll County Ambulance District
Board of Directors Chairman Bob Grudek.
PLEDGE OF ALLEGIANCE TO THE
FLAG:
Mayor Harrison led the Pledge of Allegiance.
APPROVAL OF THE AGENDA:
Mayor Harrison announced five items
to be added to the agenda because of time constraints:
0.
Removal of
three-way stop signs at Spring and Main Sts.
1. CAPC bond for matching funds
needs a vote of approval.
2. Blues Festival Banners 15 3’x10’ banners,
“Welcome Blues Fans” with Budweiser logo.
3. Dr. Kresse and Bill Fort
will speak in favor of building a
4. Need to discuss changing the
date of our next regularly scheduled meeting as Monday, May 26, is a holiday
5. Executive Session regarding
the Building Inspector hearing. Place last on the agenda.
Mr. Umland asked if a discussion on Lower Wall could
be added. Ms. Money seconded the addition.
Ms. Money moved to approve the agenda as amended.
Mr. Umland seconded. All
voted aye. Motion passed 5/0/0
Mayor Harrison returned to the
agenda items following discussion of the minutes to add a discussion of the
removal of the three-way stop signs at
Ms. Money moved to approve the
agenda as amended, again. Ms. Lindblad seconded. All voted aye.
APPROVAL OF MINUTES
Ms. Money moved to approve the
minutes of April 28. Mr. Umland seconded.
Mayor
Harrison noted a correction on page 4, in the discussion regarding the National
Day of Prayer. She said she had met the city attorney in a restaurant and asked
his opinion, he was not in her office, as the minutes
indicated.
Ms. Money moved to approve the
minutes as amended. Ms. Lindblad seconded. All voted aye. Motion passed 5/0/0
Council
COMMITTEE, COMMISSION,
AUTHORITY REPORTS AND VACANCIES:
Planning Commission – Position 7 –
Expires
City
Advertising and Promotion Commission – Position 2 – Expires
Ray Dilfield
Ms. Money moved to approve the
nomination of Ray Dilfield to the CAPC. Ms. Lindblad seconded. All voted aye.
Motion passed 5/0/0
DEPARTMENT HEAD COMMENTS: There were none.
CITY ADMINISTRATIVE
ASSISTANT’S REPORT:
Ms. Dickens was at a meeting in
UNFINISHED BUSINESS:
1.
Discussion regarding Ordinance 1915, an ordinance amending the City Attorney
duties.
Mr. Ott moved to open the
discussion. Ms. Lindblad seconded, for discussion only.
Mayor Harrison said the ordinance
had been handed to the council just prior to the council meeting.
Mr. Ott asked the Mayor to make sure
the ordinance had been amended according to the intent of the council. She said
she would do that.
Mr. Ott moved to defer the ordinance
discussion. Ms. Money seconded. All voted aye. Motion passed 5/0/0
2.
Discussion regarding Ordinance 1914, an ordinance making the unnecessary and
intentional revving, accelerating, or raking of vehicle exhaust or engines
illegal within the city of
Ms. Money moved to suspend the rules
and have Ordinance 1914 read by title only. Ms. Carroll seconded.
Ms. Sell read the ordinance aloud.
Mr. Ott moved to hold a public
hearing on the ordinance. Ms. Lindblad seconded.
Following a brief discussion of the
motion for a public hearing, Ms. Money called the question to end this
discussion. Ms. Carroll seconded. Three
voted aye, two voted nay. The motion failed
On the motion for a public hearing,
Ms. Lindblad, Mr. Ott and Mr. Umland voted aye, Ms. Money and Ms. Carroll
opposed. Mayor Harrison did not vote. The motion failed
Mayor Harrison called for a vote on
the second reading of the ordinance. Ms. Money and Ms. Carroll voted aye, Ms. Lindblad,
Mr. Ott and Mr. Umland vote against The motion failed on the second reading
3/3/0.
NEW BUSINESS:
0. Discussion for removal of three-way stop at
Mr. Ott moved to have the stop signs on
Council
stop sign on Spring St. removed. The stop sign on
remain. Mr. Umland seconded. Four voted aye. Motion passed 4/0/0 Ms. Money
had left the room.
1. Discussion regarding the Western Ambulance District
contract. (Grudek)
Mr. Grudek stated the City of Eureka Springs is out
of compliance with the existing contract. He said it is the intention of the
contract that clients only be billed for services up
to the amount paid by Medicare. The city gets 85 percent of the year’s
revenues. He would like to see the rate structure and percentage of revenue
paid to the city changed. If the city will not adjust its client’s fees, then
it needs to adjust the percentage it receives for the contract.
City Finance Director Diane Murphy said the third
way to resolve the problem is to rewrite the contract. The City’s bid was clear
that the city would get 85 percent of the previous year’s revenues for the
contract. The city accepts Medicare assignment as full payment for services
because anything else is illegal. The city is required to set a charge for
services beyond the percentage of reimbursement by Medicare. Last year’s fees
were $137,000 and
Assistant Fire Chief Bob Pettus said
Medicare has changed its reimbursement fee schedule and is paying less for
services. There is no way for the city to know what the reimbursement amount
will be on charges, it is up to Medicare.
Ms. Money moved to draw a new contract
with the original wording and intent of the bid. Ott seconded with an amendment
to have the new contract presented at the next meeting.
Grudek said the city never asked for
a clarification of the original contract or change in the CPI, in fact, did not
want to base fees on a Consumer Price Index (CPI). He said he did not intend to
terminate the contract or start litigation. He said the problem is a
modification which benefits the City and the District.
Murphy said the City of Eureka
Springs is not part of the district. The contract could not charge the
residents of the city one rate for services and those outside the city, but in
the district, another rate. If the 85 percent compensation is reduced, it will
not help the members, it will help the district.
Grudek said he had an attorney’s
opinion in March of 2001 that the contract was illegal, but he made the
decision to continue with the contract. The district owned the ambulances and
other equipment at the time. The equipment was also being used by the city’s
fire department.
The city has since purchased the
equipment and is the sole owner of the ambulances at this time.
On the motion to rewrite the
contract, all voted aye. Motion passed 5/0/0
Ott moved to suspend the rules and
move a discussion of Ordinance 1917 to item # 2, discussion of FireWise to item
#3, and the hospital discussion to item #4, item #5 will be discussion of
animal drawn vehicles. Ms. Money seconded. No vote was taken.
Council
2.
Discussion regarding Ordinance 1917, an ordinance rezoning 15 Pivot Rock Road
from R-2, Contemporary Residential, to R-3, Multiple Family Residential.
Mr. Ott moved to place Ordinance
1917 on its first reading. Ms. Money seconded. All voted aye. Motion passed
5/0/0
Ms. Sell read the ordinance aloud.
Bill Billings, owner of the
property, said the new fire department address for the apartment complex is #15
Pivot Rock, the old address was #50 Pivot Rock. He said there was not an R-3
zoning classification when the apartment complex was built. He has requested
the rezoning to bring the property into compliance with the Municipal Code.
Mr. Ott called for the question to
close discussion. Mr. Umland seconded. All voted aye. Motion to close
discussion passed 5/0/0
Ms. Money moved to approve Ordinance
1917 on its first reading. Mr. Ott seconded. All voted aye. Motion passed 5/0/0
3.
Discussion regarding the FireWise Program for the EMS Department.
David Samuel, coordinator of the
FireWise Program for the Arkansas Forestry Commission, presented the program.
It is a program of adult education, which provides guidelines for making
properties safer, primarily in the event of wild fires. If the council supports
a resolution adopting the program, a FireWise Board can be organized to do an
assessment rating on properties and to set up an annual FireWise Day to make
the public more aware of the program.
Assistant Fire Chief Bob Pettus
urged the council to support the program in the city because it has a proven
record of helping to prevent the spread of fires.
Mr. Ott moved to have a resolution
written to support the FireWise Program. Ms. Money seconded. All voted aye.
Motion passed 5/0/0
4.
Discussion regarding a letter of support for the proposed hospital construction
project.
Dr. Greg Kresse gave a brief history
of the operation of the
to
town offering to build a new 22-bed hospital. Knight proposes obtaining a loan
from the U.S. Department of Agriculture, Housing and Urban Development, to
build the facility adjacent to the Eureka Family Medical Center on Passion Play
Road. He said a letter of support from the mayor and/or city council is needed
to accompany the loan application to show the city wants a new hospital.
Dr. Dan Bell expressed his faith in
Knight as a health care consultant and developer.
Ms. Lindblad asked why the change in
status from a non-profit hospital to a for-profit hospital. Dr. Bell said the
change was made because of the nature of the loans Knight is asking for.
Mr. Umland asked if Mr. Knight
secured the loan and the hospital “doesn’t make it, the city will not be
liable?” Dr. Bell said that was correct.
Ms. Lindblad asked who would own the
hospital? Dr. Bell said Real Sources or a
Council
5/12/03 4
not-for-profit board of directors.
Mr. Umland moved to support the
hospital project and to have appropriate letters written. Mr. Ott seconded.
Four voted aye, Ms. Lindblad opposed. Motion passed 4/1/0
5.
Discussion regarding creating a new ordinance concerning animal drawn vehicles.
(Umland/Money)
A copy of a draft ordinance 5.0
5/2/03 has been given to council members.
Ms. Money moved the draft be sent to the Municipal League for review and final rewriting. Mr. Umland seconded. All voted aye. Motion passed 5/0/0
6. Discussion regarding (A) plans and specifications for wastewater repairs and (B) Lower Wall St. (Umland)
A. Mr. Ott moved to open
discussion of Lower Wall St. Ms. Money seconded.
Mr. Umland said Lower Wall St. is
rutted; a fire hydrant on the street is unusable because of the condition of
the road; and there are seven homes to be served by that hydrant. He said Jerry
Frederick, 18 Lower Wall, has offered to pay for having the road paved and had
been told by representatives of Public Works he would also have to maintain the
road.
Mr. Frederick said he had been told
by the former owners that the road would be paved. Paving had started at the
top of the street but had stopped at his property line. He said he had offered
eight (8) months ago to pay for the paving and had been told he didn’t need to
do that. He said he had found a
contractor to do the work. He had been told by Public Works Director Kirby
Murray there was an easement issue and if he used this contractor, he would
have to meet grade and asphalt requirements for the road.
Mr. Frederick said he had been told
he would be responsible for anything happening on the road for the rest of his
life.
Mr. Umland said Mr. Frederick wants
to pave the road then turn it over to the city for future maintenance and he
wants the fire hydrant opened and in working order.
Mr. Murray said he had no experience
with the contractor Frederick wanted to use. Compaction tests would have to be
done on the road, if it was paved, as well as density tests of the asphalt
before it was put down. He said Mr. Frederick owns half of the street and the
remainder of the platted street hangs over nothing.
Mr. Murray said the street is the
proper width approximately for 220 feet then narrows to 14 feet wide, not wide
enough for two cars to pass. If the road is paved, the speed of vehicles going
down will increase, causing safety issues.
Discussion continued for some time. Council members
asked if Murray and Frederick could discuss the problems and come to some
reasonable agreement for both parties. Murray and Frederick said they would try
to work out the problems.
B. Mr.
Umland moved to open discussion on the wastewater repairs. Mr. Ott seconded.
Mr. Umland had several questions about the delay in
starting the repair project. He said Mr. Murray had known about the mandate
from the Arkansas Department of Environmental Quality since August of last year
and wanted to know why he had waited until March of this year to start the
project. He wanted to know what the cost estimates of the project were based on
and who was doing the engineering.
Council
5/12/03 5
Mr. Umland said he had gotten bids on the project
that were $300,000 to $400,000 cheaper than Murray’s cost estimates.
Mr. Umland moved to suspend the work on the sewer
repairs and take bids on equipment use and materials. Mr. Ott seconded for
discussion purposes.
Mr. Murray said it would take at least three months
for the project to be completely engineered, for specifications to be written
and bids taken on the work. He said cost estimates had been based on similar
previous projects.
Murray said making Roger Richards and his crew
contract employees of the city would save the city a considerable amount of
money. Murray said he has used Richards on prior projects and trusts his
abilities, knowledge of city sewer lines and placement requirements.
Ms. Money moved to postpone this discussion and have
Mr. Umland, and other council members, supply Mr. Murray with their questions
about the project so he could bring answers to the next council meeting. Ms.
Carroll seconded. Ms. Lindblad, Ms. Carroll and Ms. Money voted in favor, Mr.
Ott and Mr. Umland opposed. Motion failed 3/2/0
Ms. Money moved to set a workshop on this issue for
1 p.m. Tuesday, May 20, to go over these issues with Mr. Murray. Ms. Carroll
seconded. All voted aye. Motion passed 5/0/0
7. Discussion regarding Ordinance 1916, an ordinance establishing a moratorium on all fill and excavation projects.
Mayor Harrison said the ordinance is not ready for
presentation.
Ms. Money moved to postpone reading of the ordinance
until the meeting of May 28. Ms. Carroll seconded. All voted aye. Motion passed
5/0/0.
8. CAPC
Bond
Ms. Carroll moved for the city to go forward in
requesting a five-year loan to match the $250,000 grant from the Department of
the Interior Save America’s Treasures program for renovation of the City
Auditorium. Ms. Money seconded.
Ms. Lindblad said she did not have any details of
the proposal, the item was not on the published agenda and the community had no
knowledge of the proposal.
Ms. Money said the CAPC had asked for the item to be
on the agenda so work could go ahead on the paperwork as soon as possible.
Four voted in favor of the motion, Ms. Lindblad
opposed. Motion passed 4/1/0
9. Blues
Festival Banners
Mayor Harrison explained that McBride Distribution
had donated 15 banners to the blues Festival with the Budweiser beer logos on
them and had done so in the past.
Mr. Ott moved to allow the banners to be used in
town. Ms. Money seconded.
Ms. Lindblad was concerned about using banners
advertising products by companies who were not actual sponsors of events.
On the motion, all voted aye. Motion passed 5/0/0
Council
5/12/03 6
10. Discussion of the next meeting date.
The next scheduled meeting is for Monday, May 26,
Memorial Day. The council agreed to meet at 6 p.m. Wednesday, May 28, in the
jury room of the Western District Carroll County Courthouse.
11. Discussion regarding City Council Ward 2 Position 2 vacancy.
Mayor Harrison said the names of all three nominees
would be placed on the table with voting to continue until one of them gets
three votes.
James DeVito was given #1, Rick Bright #2 and Robert
“Butch” Berry #3.
In the first round of voting, Ms. Money and Mr.
Umland voted for #1; Mr. Ott for #2; Ms. Lindblad and Ms. Carroll for #3.
Mr. Bright was eliminated.
In the second round of voting Ms. Money and Mr.
Umland voted for #1; Mr. Ott, Ms. Lindblad and Ms. Carroll for #3.
Mr. Ott moved to give unanimous consent to the
election of Robert “Butch” Berry. Ms. Lindblad seconded. Four voted aye, Ms.
Money opposed. Motion passed 4/1/0
12. Executive session – hearing for the Building Inspector per code.
Mr. Ott moved for a short break and then to go into
executive session at 8:42 p.m. Mr. Umland seconded. All voted aye. Motion
passed 5/0/0
The council reconvened in open session at 10 p.m.
Mayor Harrison announced the council had reached a decision in executive
session to ratify the decision to let go Building Inspector Don Underwood. She
said he would be paid for two weeks’ vacation and the salary for the six weeks
since his firing. He is still considered a city employee at this time.
Ms. Money moved to ratify the Mayor’s decision with
the added stipends. Ms. Carroll seconded. Four voted aye, Ms. Lindblad opposed.
Motion passed 4/1/0
COUNCIL COMMENTS:
Ms.
Money moved to have a discussion on the next agenda of the tree on
North Main, which may have been fatally damaged during the work on the highway.
Ms. Carroll seconded the agenda item.
Mr. Ott moved to have a public hearing
on the noise ordinance. Ms. Lindblad seconded the agenda item. All agreed to
set the hearing for 6 p.m. Tuesday, May 20, in the courtroom of the Western
District Carroll County Courthouse. The hearing will be limited to two (2)
hours, if possible, and each speaker given three (3) minutes.
Ms.
Lindblad thanked Don Underwood for his service to the community.
MAYOR’S COMMENTS:
Mayor Harrison said the Preservation
Society Garden Tour will be Saturday, May 17.
She said there would be a discussion
of options for the closing of the Beaver Bridge during the Community
Development Partnership (CDP) meeting at 10:30 a.m. Tuesday, May 13, at the
Crescent Hotel.
Council 5/12/03 7
ADJOURNMENT:
Mr. Ott moved to adjourn at 10:10
p.m. Mr. Umland seconded. All voted aye. Motion passed 5/0/0
This is the signature page for the City Council
minutes of May 12, 2003.
_______________________________
Mayor
Kathy Harrison
__________________________________
City Clerk Mary Jean Sell
Council 5/12/03 8