CITY COUNCIL
REGULAR
MEETING MONDAY JUNE 28, 2004
Mayor Kathy Harrison called the regular meeting of the City Council to order at 6:07 p.m., Monday, June 28, in the courtroom of the Western District Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison,
Aldermen Penny Carroll, Karen Lindblad, Gayle Money, Bill Ott, Earl “Bud”
Umland, City Attorney Tim Weaver, Building Official Randy Mills, mayor’s
assistant Brenda Spencer and City Clerk Mary Jean Sell. Alderman Robert “Butch”
Berry was absent.
Mayor Harrison led the Pledge of
Allegiance to the Flag.
APPROVAL OF THE AGENDA:
Mr. Ott moved to accept the agenda.
Mr. Ott asked to defer:
Old Business Item #1,
discussion of rules of order, to the July 12 Council meeting.
Old Business Item #2,
discussion of Ordinance #1941, regarding manufactured homes, to the July 26
Council meeting.
Old Business Item #3,
discussion of Ordinance #1959, regarding procedure for non-payment of CAPC
(City Advertising and Promotion Commission) tax, to the July 12 Council
meeting.
New Business Item #2,
Ordinance #1961, regarding a reserved right of way, to the July 12 Council
meeting.
New Business Item #4,
amending Ordinance 1956, regarding retaining walls and establishing a Board of
Appeals, to the July 12 Council meeting.
New Business Item #6,
regarding a discussion of the new sign ordinance, to the July 12 Council
meeting.
Mayor Harrison asked to defer:
New Business Item #1, regarding the Community
Health Resource Board and operating authority, indefinitely.
New Business Item #3,
Ordinance 1963, regarding establishing voting by wards, because the ordinance
is not prepared.
Ms. Carroll asked to add a
discussion of the sewer plant. Mr. Ott joined her. The discussion was set as
New Business Item #1.
Mr. Ott moved to accept the agenda
as amended. Ms. Money seconded. All voted aye. Motion passed 5/0/0
City
Council 6/28/04 1
Ms. Money moved to postpone the reading of the June 14 Council meeting
minutes. Ms. Carroll seconded. All voted aye. Motion passed 5/0/0
COMMISSION, COMMITTEE,
AUTHORITY REPORTS AND VACANCIES:
Mayor Harrison nominated Melissa
Green to Position 7 of the Historic District Commission (HDC), term expires 3/07/05, and re-nominated
Draxie Rogers to Position 3 of the Parks and Recreation Commission, term
expires 5/31/09.
Mr. Ott moved to accept the
nomination of Ms. Green. Ms. Lindblad seconded. All voted aye. Motion passed
5/0/0
Mr. Ott moved to accept the
nomination of Draxie Rogers. Ms. Lindblad seconded. All voted aye. Motion
passed 5/0/0
Planning Commission – Position 5 –
Expires 1/1/07
Planning Commission – Position 3
Expires 7/1/05
Parks and Recreation Commission –
Position 1 – Expires 5/31/07
COMMITTEE REPORTS:
Vision
– Ott, Lindblad, Richie and Harrison
Mr. Ott reported the group is reviewing previous surveys and master
plans for the city to determine a new plan of action. The committee will meet
at 6 p.m. July 6 in the jury room of the Western District Carroll County
Courthouse.
Mr. Umland said he has received four
telephone calls today informing him that Ms. Carroll had moved out of Ward 2
and into Ward 1. He asked her if it is true. Ms. Carroll said “No.” Ms. Lindblad asked Ms. Carroll where she had
moved to. Ms. Carroll said, “This is a legal challenge and you should go
through proper legal channels. I still reside in Ward 1.”
Mr. Weaver said he had gotten
similar questions. He had talked with attorney Mark Hayes at the Municipal
League. In Mr. Hayes’ opinion, the council can regulate its membership, if Ms.
Carroll has moved out of the ward, she is immediately disqualified from the
council, or a citizen can bring a civil suit.
Mr. Umland moved to add the discussion
to the agenda. Ms. Money seconded.
Mr. Umland said there is a question of Ms. Carroll’s
residence and until it is resolved he moved to suspend all of the agenda.
In Mr. Weaver’s opinion, since the Council was not
scheduled to take a final vote on any issue during this meeting, Ms. Carroll
could remain at the table. He cautioned the Council to be aware of possible
action resulting from Ms. Carroll’s votes if she was determined to no longer be
living in Ward 2.
Mr. Umland withdrew his motion and asked that the
discussion be put on the agenda for the meeting of July 26, since Ms. Carroll
will be absent from the July 12 meeting. Ms. Money withdrew her second and
agreed to put the discussion on the July 26 agenda.
City
Council 6/28/04 2
NEW BUSINESS:
1.
Discussion of the wastewater
treatment plant.
Mr. Ott asked if the city’s drinking water is safe. Mayor Harrison said the drinking water is provided by the Carroll-Boone Water District from Beaver Lake and it is safe to drink.
Mr. Ott asked if toxic waste had been dumped from
the treatment plant. Mayor Harrison said the city has had a Class B license to
land apply the sludge from the treatment plant for several years. The sludge
was taken to a proper location in Missouri and land-applied.
Mayor Harrison put a letter on the table from Mark
Owen of the Arkansas Department of Environmental Equality (ADEQ) giving
permission to deconstruct the existing sludge drying beds, the trickling filter
and anaerobic digester.
Mr. Ott asked about employees at the treatment
plant. Mayor Harrison said investigations are still going on. D.J. Fox has a
Class III license and is currently lead operator. Todd Clark has a Class II
license and is assisting her at the plant. Advertisements are in area newspapers
for another person to work at the plant.
Mr. Ott asked about the purchase of the belt press
for processing sludge. Mayor Harrison said she acted on recommendations from
former consultant Marilyn Kelley Still in purchasing the equipment. Ms. Still
had indicated a need to act quickly. She had contacted manufacturing companies,
gotten prices and made a recommendation.
Ms. Money was concerned that the belt press was
purchased without Council knowledge, without Council approval and without
taking bids.
Mr. Ott added his concern over failure to follow
proper bidding procedure.
Ms. Carroll said she is concerned about the water
being discharged from the waste treatment plant into Leatherwood Creek and it’s
effect on the shallow wells in the Elk Ranch area. She has gotten equipment
cost estimates from consulting engineer Ron Tracy, but the numbers are not
clear and she doesn’t understand some of the language and references. She has
requested, but not received, discharge monitor reports from the waste treatment
plant. She said she has been given non-compliance reports. She does not believe
the city is under a “consent order” from ADEQ to dismantle the plant.
Ms. Lindblad said the alternative to the city
building a new plant would be to have ADEQ come in, build the plant and operate
it without any input from the city.
Ms. Money wants to see the plans, have the cost
estimates and to be kept up to date by Public Works Director Robert Forrest.
Mayor Harrison said the plant is discharging water
into the creek that is meeting state standards for the first time in a long
time. Residents of Elk Ranch have no cause for concern about the water. She
quoted Ms. Fox as saying the non-compliance reports were the ones Ms. Carroll
requested and include the information she wanted. Work on the plans and cost
estimates for the new plant are going forward and will be presented when they
are complete.
Discussion was stopped at 7 p.m. so the open
microphone/public forum portion of the meeting could begin.
City
Council 6/28/04 3
The public forum/open microphone is held at the last meeting of each quarter to give citizens a chance to speak directly to the council about matters of concern to them.
John Wiley presented a proposal for
eliminating trolley stop #83 to bring passengers into the Upper Spring Street
shopping area before they are allowed to disembark. He presented a petition
with 38 signatures asking the council “to make a positive change to preserve
the businesses on Upper Spring Street.”
Tony Halter thanked everyone for their
efforts and encouraged the council to strive for more accountability. He
suggested making the entire Historic Loop a quiet zone and asked enforcement of
the noise ordinance with regard to motorcycles. He also asked for more law
enforcement regarding reckless drivers and vehicles without license tags.
Enid Swartz said she lives outside the
city limits but she takes part in activities in town and feels that she is a
member of the community. She asked the council to consider removing trolley
stop #83 as a trial run for the rest of the season and to support the
businesses on Upper Spring Street.
Eric
Scheunemann wanted to let the Mayor and City Council know he was very upset at the
resignation of City Planner Richard Harper. He said Mr. Harper had been very
helpful to the Planning Commission in his ability to gather information and
make fair and impartial recommendations. He wanted to know why the planner was
part of the building official’s office. He asked for efforts to help Mr. Harper
to remain on staff.
Beau Satori asked for an ordinance to
require all of the city commissions to maintain electronic archives of agenda
and minutes with a searchable database. He said Ms. Carroll had vacated Ward 1
and is living in Ward 2. He asked the council to take applications from
volunteers for the seat in the next two weeks and take two weeks to consider
the applications and to proceed with filling the seat. He said he resented Ms.
Carroll’s hostile attitude in asking for a court challenge to her position and
called for her immediate resignation from the council.
James
DeVito
said the people of Ward 3 were not challenging Ms. Carroll’s residency and that
she is a resident of Ward 1. He said three minutes every three months was not
enough time for the council to hear from the public. He asked that a portion of
every council meeting be set aside for public comments. He said an employee of
Tracy Engineering had been a party to the choosing of a new public works
director.
Ed Leswig urged the council to
consider changing the trolley stop and to show support for the merchants.
Joe
Zickmund
said Mr. DeVito’s idea for citizen input is a good one. He asked that the draft
of Ordinance 1959 be put on the next council agenda with an emergency clause
for quick passage.
Jerry
Wilcox
said he had tried to have a meeting with the mayor and she had failed to keep
the appointment. He said he had bought the magic theater (building on Highway
23 south) and would be bringing a lot of employment and new visitors to Eureka
Springs. He felt the fire marshal and building inspector were making unfair
demands on him by requiring a sprinkling system in the building as a fire
prevention and by asking for schematic drawings of the mechanical systems. He
feels no one is working with him to get the building ready.
The public forum ended at 7:22 p.m. Mr. Ott moved
for a break. Mr. Umland seconded. All voted aye. Motion passed 5/0/0 City Council 6/28/04 4
The council meeting resumed at 7:50 p.m.
Discussion of the waste water treatment plant
resumed.
Mr. Ott moved to hold a public forum at 7 p.m.
Monday, July 19, in the courtroom of the Western District Courthouse, so
citizens could hear a presentation of the status of the wastewater treatment
plant plans and ask questions. Ms. Money seconded. All voted aye. Motion passed
5/0/0
2. Discussion of current sign ordinance – Money,
Carroll
Ms. Money feels the current sign ordinance does not
allow for banners and signage for holidays or special events not sponsored by
the city. There are illegal signs in use all over town.
Mr. Umland agreed, saying recent changes in the sign
ordinance did not allow for holidays and some special event signs.
Mr. Ott said the town needs to decide what it wants
to look like, whether to have a strict sign ordinance or to create visual
chaos.
Ms. Money moved to amend Section 86-4 of the
Municipal Code regarding prohibited signs. Mr. Umland seconded.
Mr. Ott, Ms. Money, the Building Official and City
Attorney are to meet to recommend changes and to bring them to the July 12
meeting.
On the motion, all voted aye to amend the ordinance.
Motion passed 5/0/0
3.
Discussion of Ordinance #1963, an ordinance to adjust the 2004 budget for
special election expenses.
Mayor Harrison said the city had gotten a bill for
$2,342.24 for expenses incurred in holding the special election from the
Carroll County Clerk’s office.
Mr. Ott moved to place Ordinance 1963 on its first
reading, Ms. Money seconded. All voted aye. Motion passed 5/0/0
Ms. Sell read the ordinance aloud.
Mr. Ott moved to approve Ordinance 1963 on its first
reading, Ms. Money seconded. All voted aye. Motion passed 5/0/0
Mr. Ott moved to suspend the rules and place
Ordinance 1963 on its second reading by title only. Ms. Money seconded. By roll
call, all voted aye. Motion passed 5/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance 1963 on its
second reading by title only, Ms. Money seconded. All voted aye. Motion passed
5/0/0
Mr. Ott moved to suspend the rules and place Ordinance
1963 on its third reading by title only. Ms. Money seconded. By roll call, all
voted aye. Motion passed 5/0/0
Mayor Harrison read the title aloud.
Mr. Ott moved to approve Ordinance 1963 on its third
reading by title only, Ms. Money seconded. All voted aye. Motion passed 5/0/0
Mr. Ott moved to read the emergency clause. Mr.
Umland seconded.
Mayor Harrison read the emergency clause aloud.
City
Council 6/28/04 5
4. Discussion of providing insurance for the Lucky 13 Cinema and Sunday Market.
Mayor Harrison said both events are held on city
property, which Charlotte Buchanan is using, but it is not proper for the city
to provide insurance for privately sponsored events. She thought Ms. Buchanan
would be able to find her own insurance.
5.
Executive Session
Ms. Money moved to have an executive session at 8:45
p.m. to hear a report from Mayor Harrison on disciplinary action decided upon
in an executive session in the June 14 meeting. Mr. Ott seconded. All voted
aye. Motion passed 5/0/0
Council returned at 8:48 p.m. with no further action
to be taken.
Mr.
Umland thanked everyone who came for the public forum. He asked that the
proposal from Mr. Wiley be placed on the next agenda for discussion. Ms.
Carroll, Mr. Ott, Ms. Money and Ms. Lindblad joined the request.
Ms.
Carroll said she would like to see the proposed noise ordinance come back
to the table for discussion in the July 26 meeting. She apologized for the
confusion over her place of residence and said she would have documentation
after her vacation.
Mr.
Ott said he would like to have a trial run with trolley stop #83 removed.
He is disheartened at the loss of Mr. Harper as city planner. With regard to
painting streetlights, he said that is up to AEP/SWEPCO and perhaps council
members could help with requests. He announced the Mike Bishop Sweet ‘n Sassy
show has closed due to a lack of attendance. He encouraged everyone to help
support and attend local attractions.
Ms.
Money had no comments
Ms.
Lindblad said she has been talking with employees of the public works
department to keep up on the situation at the wastewater treatment plant. She
welcomed Melissa Green to the HDC and thanked Draxie Rogers for being willing
to continue to serve on the Parks and Recreation Commission. She supports
looking into the trolley situation.
Mayor Harrison said everyone is
working hard with the engineers and Robert Forrest to make sure he is going by
the book. She and Forrest went to ADEQ in Little Rock on Friday and talked with
Mr. Owen and another engineer about the wastewater treatment plant situation.
She said ADEQ is as anxious as the council to see the plans for the new plant
and to get construction underway.
She invited everyone to the
celebration of Eureka Springs’ 125th birthday Sunday afternoon in
Basin Spring Park and to Lake Leatherwood City Park for evening activities and
fireworks.
Ms. Money moved to adjourn at 9:03
p.m. Mr. Ott seconded. All voted aye. Motion passed 5/0/0
City
Council 6/28/04 6
This is the signature page for the minutes of the June 28, 2004, City Council meeting.
________________________________________
Mayor
Kathy Harrison
__________________________________
City Clerk Mary Jean Sell
City
Council 6/28/04 7