CITY OF EUREKA SPRINGS

CITY COUNCIL

REGULAR MEETING                 MONDAY                  NOVEMBER 10, 2003

 

            Mayor Kathy Harrison called the regular meeting of the City Council to order at 6:05 p.m. Monday, Nov. 10, 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, Public Works Director Kirby Murray and City Clerk Mary Jean Sell. Alderman Earl “Bud” Umland was absent.

 

PLEDGE OF ALLEGIANCE:

            Mayor Harrison led the Pledge of Allegiance to the Flag.

 

APPROVAL OF THE AGENDA:

            Ms. Money moved to approve the agenda as presented. Mr. Ott seconded.

Mayor Harrison asked to add Ordinance 1937, regarding waving the bidding for a new pump at the wastewater treatment plant, as Item #1 under New Business. Mr. Ott moved to add the item to the agenda. Ms. Money seconded.

Ms. Money asked to postpone New Business Item #2, discussion of building official and development of department. There was no second to the request.

Ms. Money asked to postpone the discussion of Ordinance 1830, regulating landscaping and screening, and to ask City Planner Richard Harper to attend the Nov. 24 meeting. Mr. Berry seconded.

Mr. Ott noted the last meeting of the year is scheduled for Dec. 22 and it is to be an open microphone night as well. He suggested moving open microphone night to Dec. 15. He moved to make the discussion Item #4 under new business. Ms. Lindblad seconded.

Mayor Harrison said the agenda would be accepted as amended.

 

APPROVAL OF THE MINUTES: October 27, 2003

            Ms. Money moved to approve the minutes of  Oct. 27. Mr. Ott seconded.

            Ms. Money noted on Page 4, Item #3, Ms. Money had moved to suspend the rules to place Ordinance 1934 on its third reading.

            Ms. Sell noted the name of City Advertising and Promotion Commission (CAPC) nominee Rea Svendsen had been misspelled.

            Mayor Harrison asked if the minutes could be approved as amended. All voted aye.

 

COMMISSION, COMMITTEE, AUTHORITY REPORTS AND VACANCIES:

            Planning Commission – Position 2 – Expires 1/1/05 – Leah Karnes

Ms. Carroll asked if the vote on Ms. Karnes’ nomination could be postponed another two weeks. Ms. Money seconded. Mr. Berry, Ms. Carroll and Ms. Money voted

 aye. Ms. Lindblad and Mr. Ott voted nay. Motion failed 3/2/0.

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Mr. Ott moved to accept the nomination of Ms. Karnes. Ms. Lindblad seconded. Mr. Berry, Ms. Lindblad, Ms. Money and Mr. Ott voted aye. Ms. Carroll voted nay.

Motion passed 4/1/0.

Hospital Commission – Position 1- Expires 9/7/05

            CAPC – Position 1 – Expires 6/30/05-2 Nominations.

            Mayor Harrison said she had three volunteers for the position and had decided to nominate a candidate in the order in which she had received applications. She nominated Bryan Sumpter, former alderman who sat on the CAPC as a council representative and co-owner of the Edelweiss Inn.

            Ms. Money moved to approve Sumpter’s nomination. Ms. Carroll seconded.

Mr. Berry, Ms. Carroll, Ms. Money and Mr. Ott voted aye. Ms. Lindblad voted nay.

Motion passed 4/1/0

            Parks and Recreation Commission – Mayor Harrison said Christy Fournier is no longer attending meetings. She nominated David Renko to fill the vacancy.

 

DEPARTMENT HEAD COMMENTS: Finance, CAPC, Fire/EMS, Hospital

            Mayor Harrison said Finance Director Diane Murphy is away on vacation. She reminded the council of the budget workshop at 5:30 p.m. Wednesday, Nov. 12.

            She reported CAPC Executive Director LeRoy Gorrell was ill and unable to attend.

            Assistant Fire Chief/Fire Marshal Jimmie Kelley reported repairs to fire engine #1 are progressing and the truck should be back in service shortly. 

            No one representing the Hospital Commission attended the meeting. Ms. Lindblad asked that a formal request be sent to the commission and that “a human being” bring the report to the council.

 

UNFINISHED BUSINESS: There was none.

 

NEW BUSINESS:

            1. Discussion regarding Ordinance 1937, an ordinance to waive competitive bidding to purchase and install pump at the wastewater treatment facility.

            Ms. Money moved to put Ordinance 1937 on its first reading. Ms. Lindblad seconded.

Public Works Director Kirby Murray explained a “medium” size pump is needed to pump liquids into the denitrification basin and on into the treatment plant. A small and a large pump have been installed but the third pump is needed to equalize the system at various demand times. He said this size pump had been overlooked in the initial designing of the system and had to be included to help prevent occasional overflows.

            Mr. Ott was concerned that the council had recently agreed not to waive competitive bidding on any items and now, this comes forward.

            Mayor Harrison said she had talked with City Attorney Tim Weaver and the waiver was okay, in his opinion, considering the city could be fined $10,000 or more per day by the Arkansas Department of Environmental Quality (ADEQ) each time there is an overflow.

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Murray said the pump should have been included in the contract as a change order but the last contract payment had been made before the consulting engineers realized the need for the pump.

            All voted aye to put the ordinance on it’s first reading. Motion passed 5/0/0

            Ms. Sell read the ordinance aloud.

            Ms. Money moved to approve Ordinance 1937 on its first reading. Mr. Berry seconded. All voted aye.

            Ms. Money moved to suspend the rules and put Ordinance 1937 on its second reading by title only. Ms. Lindblad seconded. By roll call, all voted aye. Motion passed 5/0/0.

            Ms. Sell read the title of the ordinance aloud.

            Ms. Money moved to approve Ordinance 1937 on its second reading by title only. Mr. Berry seconded. All voted aye. Motion passed 5/0/0

            Ms. Money moved to amend the title of Ordinance 1937 by changing the word “comparative” in the title to “competitive”and to spell out what N.P.D.E.S. stands for in the first paragraph – National Pollutant Discharge Elimination System. Ms. Lindblad seconded. By roll call, all voted aye.

            Ms. Sell read the corrected title of the ordinance aloud.

            Ms. Money moved to suspend the rules and put Ordinance 1937 on its third reading by title only. Ms. Lindblad seconded. By roll call, all voted aye. Motion passed 5/0/0.

            Ms. Sell read the title of the ordinance aloud.

            Ms. Money moved to approve Ordinance 1937 on its third reading by title only. Ms. Lindblad seconded. All voted aye.

            Ms. Money moved to have the emergency clause read. Mr. Berry seconded. All voted aye. Motion passed 5/0/0

            Ms. Sell read the emergency clause aloud.

            Ms. Money moved to approve the emergency clause. Ms. Lindblad seconded. All voted aye. Motion passed 5/0/0

 

            2. Discussion of Building Official and development of Department.

            Mayor Harrison introduced temporary Building Official Randy Mills. Mr. Mills explained his experience in the building trades and qualifications to be the city’s building official. He asked the council to give him some time to see what the needs of the office might be before making any definite decisions at this time.

            Fire Marshall Kelley explained he is working on a shift schedule in the Emergency Services Department and is not regularly on duty during the week.

            Ms. Lindblad emphasized the need for safety and building inspections to protect residents and visitors.

 

            3. Discussion regarding Ordinance 1936, amending Chapter 18 of Eureka Springs Municipal Code regarding animal-drawn vehicles. (Lindblad, Money)

            Ms. Money moved to put Ordinance 1936 on its first reading. Ms. Carroll seconded. All voted aye. Motion passed 5/0/0

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            Ms. Money explained a clarification of the first paragraph of Section 5 changes: on Spring St. between the intersection of Highway 23/Main Street and Spring to the intersection of Hillside and Spring streets.

            Ms. Money moved to amend Section 5 as clarified. Ms. Lindblad seconded. All voted aye. Motion passed 5/0/0.

            Ms. Sell read the ordinance aloud.

            Ms. Money moved to approve the ordinance on its first reading. Ms. Lindblad seconded. All voted aye. Motion passed 5/0/0

 

            4. Discussion of date for workshop on Ordinance 1830, Landscaping and Screening.

            The group agreed to meet at 5:30 p.m. Thursday, Nov. 20.

 

            5. Discussion of the December council meetings.

            Ms. Money moved to have open microphone night during the regular Dec. 8 meeting and to cancel the meeting of the 22nd. Ms. Carroll seconded. All voted aye.

           

            6. Discussion of water bill payment drop box.

            Mayor Harrison said Mr. Umland had asked if keeping the drop box for payment of water bills at the City Hall could be discussed at the Nov. 24 meeting. Ms. Lindblad, Ms. Money and Mr. Ott seconded.

 

COUNCIL COMMENTS:

            Ms. Money asked that the proposed ordinance regarding speed humps be put on the Nov. 24 agenda. Ms. Carroll seconded. Ms. Money said she had concerns about the proper publication of the city’s ordinances and asked for a discussion and a legal opinion to be on the Nov. 24 agenda. Mr. Berry seconded.

            Mr. Ott spoke about the Eureka Theater Company’s production of “The Gifts of the Magi” Dec. 4-7.

            Mr. Berry said he had similar questions to Ms. Money’s about the publication of ordinances and legal notices. He volunteered to the on the Bid Committee, particularly when construction projects are involved. He thanked the Basin Park Hotel for hosting a recent presentation of landscape architecture students from the University of Arkansas in Fayetteville of ideas for renovations of Basin Park.

            Ms. Carroll said she had noticed an advertisement in the newspaper for the Parks and Recreation Commission and wondered what it was for. Mayor Harrison said it is a request for qualifications for persons interested in putting on summer programs for Eureka Kids and the parks.

            Ms. Lindblad complimented the producers, director and actors of  “Phantasmagoria” in the city auditorium at Halloween. She encouraged everyone to attend the Bela Fleck performance Wednesday in the auditorium on behalf of the Lane House.

 

 

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MAYOR’S COMMENTS:

            Mayor Harrison gave a brief report on the 3rd annual Film Day in Altus, Ark., put on by the State of Arkansas film Commission. Several representatives from Eureka Springs attended. She participated in a panel discussion about the economic impact of having a movie made in the community.

 

ADJOURNMENT:

            Ms. Money moved to adjourn at 8 p.m. Ms. Lindblad seconded. All voted aye. Motion passed 5/0/0

 

 

            This is the signature page for the City Council minutes of the regular meeting Monday, Nov. 10, 2003.

 

 

 

 

                                                            ______________________________________

                                                                                    Mayor Kathy Harrison

 

 

________________________________

            City Clerk Mary Jean Sell