CITY COUNCIL
REGULAR
MEETING
Mayor Kathy Harrison called the
regular meeting of the City Council to order at
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch”
Mayor Harrison led the Pledge of
Allegiance to the Flag.
APPROVAL OF THE AGENDA:
Ms. Money moved to approve the
agenda. Ms. Lindblad seconded.
Mayor Harrison asked that Ordinance 1934, rezoning
of 30 Peerless, be added to the agenda as New Business Item #7. Mr.
Mr. Ott asked to defer Unfinished Business Item #2,
discussion of deer challenges in the city, until a future date.
Mayor Harrison asked to add a discussion from Jay
Gustin. Ms. Money moved to add the discussion as Item #1 under New Business.
Mr. Umland seconded.
Mr.
Ms. Carroll objected to the inclusion of Item #3
under Unfinished Business, a discussion regarding Ordinance 1932, regarding the
duties of the City Attorney. She said the ordinance has not been returned to
the table as per Robert’s Rules of Order.
Mr. Ott said this was not Ordinance 1926, which had failed. Ms. Carroll said
the ordinance was virtually the same, with just a few words changed.
Mr. Ott called the question on discussion and moved
to include Item #3 on the agenda. Ms. Lindblad seconded. Ms. Money, Mr.
Ms. Money moved to approve the
minutes of Oct. 6. Mr. Umland seconded.
Ms.
Money noted on correction, at the top of Page 2, the Ordinance number is 1926,
not 1929. All voted aye to approve the minutes as corrected. Motion passed
6/0/0
City Council
Ms. Money moved to approve the
minutes of the special council meeting Oct. 9. Mr. Umland seconded. All voted
aye. Motion passed 6/0/0
Planning
Commission – Position 2 - Expires
Mr. Ott moved to approve
the appointment of Ken Foggo. Mr. Umland seconded. All voted aye. Motion passed
6/0/0
Planning Commission – Position 7 –
Expires
Hospital Commission - Position 1 – Expires
CAPC
– Position 1 – Expires
Ms. Lindblad moved to
approve the appointment of KaraWhite. Motion died for lack of a second.
Mayor Harrison said Jan Watson had
applied for the CAPC position.
Finance
Director Diane Murphy referred to a memo explaining that water bills
will now be paid at the Public Works Department on Highway 62 East. A night
drop box will be available at that location. She said it is time for department
heads to get budget requests turned in so work can begin on the 2004 budget
preparation.
There was no CAPC report.
Mayor Harrison distributed a financial report from Diane McClelland, chairman of the Hospital Commission.
Fire/EMS
Assistant Chief Bob Pettus reported renovation construction has started
on the Fire Department building at 143 E. Van Buren and Engine #1 has been
taken to the Leeco company in
Parks
Executive Director Bruce Levine reported the Parks and Recreation
Commission is in the process of hiring a professional electrical
engineer to prepare a bid package for the lighting of
UNFINISHED BUSINESS:
1.Discussion regarding Ordinance 1929, an ordinance
adopting the International Fire Code. (2nd and 3rd readings)
Mayor Harrison said she has received
a letter from the state fire marshal approving the wording of the ordinance.
Ms. Money moved to suspend the rules
and put Ordinance 1929 on its second reading. Mr.
Ms. Sell read the title aloud.
Ms. Money moved to approve Ordinance
1929 on its second reading by title only. Ms. Lindblad seconded. All voted aye.
Motion passed 6/0/0
Ms. Money moved to suspend the rules
and put Ordinance 1929 on its third reading by title only. Ms. Lindblad
seconded. By roll call vote, all voted aye.
City Council
Motion passed 6/0/0
Ms. Sell read the title aloud.
Ms. Money moved to approve Ordinance
1929 on its third reading by title only. Ms. Lindblad seconded. All voted aye.
Motion passed 6/0/0
Ms. Money moved to read the
emergency clause. Mr.
Ms. Sell read the emergency clause
aloud.
Ms. Money moved to approve the
emergency clause. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0.
2.
Discussion regarding Ordinance 1932, an ordinance regarding the duties of the
City Attorney.
Mr. Ott moved to place Ordinance
1932 on its first reading. Ms. Lindblad seconded.
Ms. Money moved for a short break
before the reading of the ordinance. Ms. Lindblad seconded. All voted aye.
Motion passed 6/0/0
The break
began at
Ms. Sell read Ordinance 1932 aloud.
Mr. Ott moved to approve Ordinance 1932 on its first
reading. Ms. Lindblad seconded.
There was an extended discussion of the ordinance.
Ms. Money moved to table the vote on the approval
until the next meeting. Ms. Carroll seconded. Mr.
There was additional discussion.
Mr. Ott called the question on the discussion and
asked for a vote. Ms. Lindblad seconded. The vote split 3 to 3. Ms. Carroll
said the call of the question didn’t carry because it did not get a 2/3 vote.
Ms. Money moved to amend Section A of the ordinance to have the city attorney attend regular or special meetings at the request of the mayor or two council members. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
Ms. Money moved to amend Section C of the ordinance
to allow the council to request a specific attorney or law firm to be used. Ms.
Carroll seconded. Ms. Money and Ms. Carroll voted aye on the amendment. Mr.
On the motion to approve Ordinance 1932, as amended,
on its first reading, Ms. Lindblad, Mr. Ott and Mr. Umland voted aye. Mr.
1.
Discussion from Jay Gustin regarding sewer line repair bill for 39 S. Main.
Mr. Gustin is the owner of 39 S.
Main, known as Main Street Café. The area of the sewer line from his property
to where it joins the city’s main, underneath Main Street, given incorrect
information by a city employee as to where the line was located under the
City Council
street. Initial digging did not reveal the line. Additional digging was
required. He
presented a total bill of $6,499.95 for the repair work and asked that it be
paid from the city’s Public Works budget.
Mr. Summers said employees of the
Public Works department had put a camera into the line to try to locate the
collapse. He said the camera did not work and one had to be located in
Public Works Director Kirby Murray
explained that by the Municipal Code it is not the city’s responsibility to
repair private sewer lines until the two lines actually meet downstream, and in
no case, is any line smaller than six (6) inches to be repaired. The property
owners are responsible for their service lines. He said the city’s main is a
10-inch line underneath Main Street and Mr. Gustin’s line is a four (4) inch
line. He said the issue is between the property owner and the state because the
state’s contractor apparently broke the line or allowed it to be installed
improperly and it collapsed.
Mr. Umland moved to compensate Mr.
Summers $4,000 for the bill and for the city to be reimbursed when Mr. Summers
got the bill paid by the state. Ms. Money seconded.
There was additional discussion. Ms.
Carroll moved to call the question to end the discussion. Ms. Money seconded.
By roll call, all voted aye. Motion passed 6/0/0
On the motion to give Mr. Summers
$4,000, Mr. Umland and Ms. Money voted aye. Mr. Berry, Ms. Carroll, Ms.
Lindblad and Mr. Ott voted nay. Motion failed 4/2/0
Ms. Money moved for a short break.
Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0.
The break began at 8:50 p.m. The meeting resumed at 9:07 p.m.
2.
Discussion of an HDC request for $200 to assist with funding of the statewide
HDC seminar to be held here Oct. 23 and 24.
Mr. Ott moved to approve the request
of $200. Mr. Umland and Ms. Money seconded. All voted aye. Motion passed 6/0/0
3.
Discussion regarding Ordinance 1931, an ordinance regulating Landscaping and
Screening (1st reading) (Lindblad, Berry)
Ms. Money moved to postpone the
ordinance so council members might have additional time to study the ordinance.
Ms. Carroll seconded. All voted aye. Motion passed 6/0/0
4.
Discussion regarding Robert’s Rules of
Order and debate time.
Ms. Money moved to consider allowing
the council to set its own rules for debate instead of strictly following Robert’s Rules of Order. Mr. Umland
seconded.
Mr. Ott moved to table the
discussion. Ms. Carroll seconded. All voted aye. Motion passed 6/0/0
City Council 10/13/03 4
5.
Discussion on sewer project. (Umland, Lindblad)
Mr. Umland moved to open discussion
of the sewer project. Ms. Money seconded.
Mr.
Umland asked Ms. Sell to read aloud Section 22-9-101 of the state statutes
regarding inspection of “any public works projects involving engineering or
architecture for which the plans, specifications, and estimates have not been
made by, and the construction executed under the observation of, a registered
professional engineer or architect, in their respective areas of expertise, who
are licensed to practice under the laws of Arkansas.”
The section further explains “an
engineering project does not exceed twenty-five thousand dollars ($25,000) or
an architectural project that does not exceed one hundred thousand dollars
($100,000).”
Mr. Umland moved to rescind the
council’s vote to waive the bidding on the current sewer line replacement
project. Ms. Lindblad seconded.
Mr. Umland introduced Ron Tracy, a
licensed engineer, part-time resident and property owner in Eureka Springs and
Tulsa, Okla. Mr. Tracy said he had been following similar projects in other
communities the past six to nine months. He presented a chart of sewer and
water rates for several cities in northwest Arkansas.
Mr. Umland said he had talked with
the Arkansas Department of Environmental Quality (ADEQ) there would not be a
problem with the city putting the project out to bid, the city would not be in
danger of a fine.
Mr. Murray said it would be fine
with him to turn the project over to a contractor who could take responsibility
for the installation of the lines.
Mr. Umland withdrew his original motion to rescind
the waiving of the bids. He then moved to have an ordinance drafted to rescind
the waiving of the bids. Ms. Lindblad withdrew her original second, then
seconded the new motion.
During additional discussion, Ms. Money called for
the question to stop the discussion. Mr. Umland seconded. By roll call vote,
all voted aye. Motion passed 6/0/0
On the motion to draft an ordinance rescinding the
bid waiver, five voted aye, Ms. Carroll voted nay. Motion passed 5/1/0
6. Discussion requiring regular reports on city projects to be presented to the Council. See attached memo. (Money, Umland)
Mayor Harrison explained that there are so many city
projects going on that the council would like to have regular reports from all
departments on projects and progress.
Ms. Money moved to have a letter
sent to all department heads notifying them of the need for regular report. Ms.
Lindblad seconded. All voted aye. Motion passed 6/0/0
7.
Discussion regarding Ordinance 1934, regarding the rezoning of 30 Peerless St.
from R-2, contemporary residential, to C-2, contemporary commercial. (1st
reading)
Ms. Money moved to place Ordinance
1934 on its first reading. Mr. Umland seconded.
Mayor Harrison read the ordinance
aloud.
Ms. Money moved to approve Ordinance
1934 on its first reading. Mr. Berry seconded. All voted aye. Motion passed
6/0/0
City Council 10/13/03 5
8.
Executive Session
Mayor Harrison said she would defer
the executive session, but that she is planning to hire a part-time interim
building inspector.
9.
Set next meeting and agenda.
Mr. Ott moved to have the next
council meeting Monday, Oct. 20. Ms. Money seconded. All voted aye. Motion
passed 6/0/0
COUNCIL COMMENTS:
Ms. Lindblad complimented the CAPC,
Special Events Coordinator Pearl Brick and the auditorium staff for their work
on the Roseanne Cash concert.
Mr. Umland expressed his thanks to
Brittany Wright for stepping in and helping organize and put on the Queen’s
Contest for the 56th annual Original Ozark Folk Festival.
Mr. Ott said it is high time the
council recognizes the need for full support and funding for a city building
official/inspector.
Mr. Berry noted the lack of job
descriptions for city employees and the need to have them prepared.
MAYOR’S COMMENTS:
Mayor Harrison expressed her
enjoyment of the Folk Festival.
ADJOURNMENT:
Ms. Money moved to adjourn at 10:12
p.m. Mr. Berry seconded. All voted aye. Motion passed 6/0/0
This is the signature page for the
City Council minutes of Oct. 13, 2003.
_____________________________
Mayor
Kathy Harrison
_________________________________
City Clerk Mary Jean Sell
City Council 10/13/03 6