CITY COUNCIL
REGULAR
MEETING
MONDAY, JUNE 14, 2004
Mayor Kathy Harrison called the
regular City Council meeting to order at 6 p.m. Monday, June 14, in the jury
room of the Western Carroll County Courthouse.
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch” Berry, Penny Carroll, Karen Lindblad, Gayle Money, Bill
Ott, Earl “Bud” Umland, City Attorney Tim Weaver, Building Official Randy
Mills, Public Works Director Robert Forrest, Police Chief Earl Hyatt, Parks
Director Bruce Levine, ACE (Arkansas Community of Excellence) Coordinator
Glenna Booth, mayor’s assistant Brenda Spencer and City Clerk Mary Jean Sell.
Mayor Harrison led the Pledge of
Allegiance to the Flag.
Ms. Carroll moved to go into executive session. Ms Money
seconded. Ms. Carroll said the executive session was needed to discuss a
resignation. All voted aye. Motion passed 6/0/0
The executive session began at 6:05
p.m. The council meeting resumed at
6:59 p.m. Mayor Harrison said there would be no action on the resignation but
disciplinary action would be taken.
Ms. Money moved to approve the
agenda. Ms. Lindblad seconded.
Mayor Harrison announced Item #2 of
New Business, Community Health Resource Board and operation authority would be
moved to the June 28 agenda by request of Dr. Dan Bell. Item #5 of New
Business, discussion of Green Zone Committee recommendations, would be moved to
the June 28 agenda by request of Parks Director Levine.
Mr. Ott asked for a discussion of
the council’s rules of procedures to be added to the June 28 agenda.
Ms. Money corrected agenda Item 2
under Old Business, this is the third reading of Ordinance #1957, not the
second.
Mr. Ott said the agenda does not
reflect the tabling of Ordinance 1941, regarding manufactured housing, to this
meeting. He asked that it be added as the last item of Old business.
Ms. Money moved to approve the
agenda as amended. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
Ms. Money moved to approve the
minutes of May 24 as presented. Ms. Lindblad seconded. All voted aye. Motion
passed 6/0/0
City Council 6/14/04 1
COMMISSION, COMMITTEE AND AUTHORITY REPORTS AND VACANCIES:
Planning Commission – Position 5 – Expires 1/1/07
Planning Commission - Position 3 - Expires 7/1/05 – vote –
Marilyn Kelley Still
Mayor
Harrison said Ms. Still had withdrawn her name from consideration.
Historic District Commission –
Position 7 – Expires 3/7/05 – nominee Melissa Green
Parks & Recreation
Commission - Position 1 – Expires
5/31/07
Parks and Recreation Commission –
Position 3 – Expires 5/31/09 – re-nomination – Draxie Rogers
DEPARTMENT HEAD COMMENTS:
Police,
Transit, Public Works, Parks and ACE
Mayor Harrison said the department heads have chosen to come to the council meetings only when they have something specific they need or to make requests. Mr. Ott asked if this could be included in the rules of procedure for the council during the June 28 meeting.
Police Chief
Earl Hyatt
reported a calm Blues Festival weekend. The Eureka Springs Police arrested 10
persons and the state police arrested 10 persons. The state police had its DWI
(Driving While Intoxicated) team working on the highway. Chief Hyatt said the
availability of public transportation gave persons who might have been drinking
the option of not driving after the events.
Public Works
Director Robert Forrest reported a pre-bid walk-through on Benton St. this morning. Work at
Lake Leatherwood boat dock and roads has been completed. The wastewater
treatment plant was inspected June 4 by a representative of the Arkansas
Department of Environmental Quality (ADEQ) and no violations were found.
Laboratory results on tests of the effluent from the plant are back and the
city is within all parameters. Good quality water is being discharged from the
plant. Ms. Carroll asked Mr. Forrest for cost estimates on the planned
improvements to the wastewater treatment plant. He said they have not all been
completed.
Parks Director
Bruce Levine
reported the lights at the Lake Leatherwood Soccer Field and parking lot should
be completely installed by July 4. The arch sign for Basin Park is scheduled to
be in place by July 4. He thanked the Basin Park Improvement Committee for its
work and the Eureka Springs Rotary Club for funding the sign. Work on the
Skatepark in Harmon Park is approximately two and a half weeks from completion.
The work is being done by Dreamland of Oregon.
ACE Coordinator
Glenna Booth
reported she has not heard the results of the application for the historic
homes preservation grant of $94,500. A $400,000 grant has been submitted to the
federal Housing and Urban Development (HUD) department to be used in developing
the city’s Arts and Cultural District. She and members of the Parks and
Recreation Commission received a $15,000 check from the Arkansas Rural
Development Commission (ARDC) during its recent conference in town. The ACE
Core Team is getting material together to submit to the state for
certification. The business team is working to format a two-part website for
prospective businesses and residents to
City
Council 6/14/04 2
the
community. It will be linked to the Chamber of Commerce website by the end of
July. The Tourism Team is working on the 125th Birthday Celebration
for Eureka Springs. Information is being gathered to submit Eureka Springs for
consideration as a Volunteer Community of the Year. The America In Bloom
Committee has been photographing gardens to submit to judges when they arrive
in July to review the town. The work to submit a proposal to become a historic
district of national significance should begin soon. The paperwork has to be
submitted during February.
COMMITTEE REPORTS:
Vision – Ott, Lindblad, Richie and Harrison
The committee was unable to meet.
Another meeting was set for 5:30 p.m. Tuesday, June 22.
OLD BUSINESS:
1. Discussion of Ordinance #1956, an ordinance
regarding retaining walls (3rd reading)
Ms. Lindblad moved to suspend the
rules and place Ordinance 1956 on its third reading by title only. Ms. Money
seconded. Five voted aye. Mr. Berry opposed. Motion passed 5/1/0
Mayor Harrison read the title of the
ordinance aloud.
Ms. Lindblad moved to approve
Ordinance 1956 on its third reading by title only. Mr. Umland seconded.
Mark Jipp, co-owner of the Veranda
Inn, 38 Prospect, and Jeff and Lee Jeans, 7 Hillside, presented information
about their own retaining wall situations. Mr. Jipp believes the city should be
responsible for the large wall at the back of his property. He can find no
records of why or when the wall was built. Mr. Jeans says the wall holding up
Hillside St. is moving toward his house and that the wall is not on his
property.
After lengthy discussion, Mr. Umland
called for the question to stop discussion. Mr. Ott seconded. Mr. Umland, Mr.
Ott and Ms. Lindblad voted aye. Ms. Carroll, Ms. Money and Mr. Berry voted
against. Mayor Harrison voted aye to break the tie to call the question. Motion
passed 4/3/0
On the motion to approve the
ordinance, Ms. Lindblad, Mr. Ott and Mr. Umland voted aye. Ms. Money, Ms.
Carroll and Mr. Berry voted against. Mayor Harrison voted aye to break the tie
to approve the ordinance.
2.
Discussion of Ordinance #1957, an ordinance to establish a Board of Appeals
-Berry – (3rd reading)
Ms. Money moved to suspend the rules
and place Ordinance 1957 on its third reading by title only. Mr. Umland
seconded. Five voted aye. Ms. Lindblad opposed. Motion passed 5/1/0
Mayor Harrison read the title of the ordinance
aloud.
Ms. Money moved to approve Ordinance 1957 on its
third reading by title only. Mr. Berry seconded.
Ms. Lindblad said she opposed the ordinance because
she did not feel a sufficient effort had been made to find qualified members
for the board as set out in the
City Council 6/14/04 3
International
Building Code (IBC) as adopted by the city council.
Five voted aye, Ms. Lindblad
opposed. Motion passed 5/1/0
3.
Resolution #502 – A resolution to save State Highway 187 Bridge – Pat Matsukis
The resolution, in general, says the
state Highway 187 runs through the communities of Elk Ranch, Beaver and Bush
and is about to be altered to meet the state’s highway standards. It recognizes
the historic area and structure of the bridge. It says the people living
alongside the road would be burdened by additional traffic and noise and many
would be forced to move. It asks that alternative plans be mad to keep Highway
187 preserved and the bridges and roads left intact.
Mr. Ott moved to have the resolution
read aloud for purposes of discussion. Ms. Lindblad seconded. All voted aye.
Motion passed 6/0/0
Ms. Matsukis said she wanted to keep
the resolution general in nature. She will also be presenting it to the
Berryville City Council and the Holiday Island Improvement District
Commissioners.
After some discussion, council
members agreed to include “by the state of Arkansas” after “alternative plans
be made”.
Ms. Money read the change aloud. Mr.
Berry seconded. All voted aye. Change was approved 6/0/0
Council members took a break at 8:27
p.m. and returned to the table to resume the meeting at 8:42 p.m.
Mr. Ott moved to suspend the rules
and place Item #5 next on the agenda for discussion. Mr. Umland seconded. Five
voted aye. Ms. Money had left the room. Motion passed 5/0/1
4.
Citizen to request to vacate or purchase Greenspace – Betty Zaboly.
Ms. Zaboly’s garage at 44 Owen St.
sits across Dunlap St., a platted, unopened street going up the hill from Owen
to Mountain St. A corner of the garage encroaches on her neighbor’s property.
Ms. Zaboly wishes to sell her property and is trying to clear the title.
City Attorney Tim Weaver said
leasing the property to Ms. Zaboly was not a good idea. He suggested vacating the street, which would
give each adjoining property owner half of the property in the street and to
let them work out the rest. He suggested a nominal fee could be paid to the
city.
Mr. Ott moved to accept Mr. Weaver’s
recommendation and to have an ordinance prepared to vacate that portion of the
street and to sell the property for $10. Mr. Umland seconded. Mr. Weaver said the city might incur some
cost if that portion of the street where the garage is has to be surveyed.
Mr. Ott moved to amend his motion to
include a provision in the ordinance that any costs incurred by the city would
be paid by adjacent property owners. Mr. Umland seconded.
Five voted aye on the amended
motion. Ms. Lindblad opposed. Motion passed 5/1/0 City Council 6/14/04 4
5.
Discussion of the city bid policy and professional services – Carroll, Money
Ms. Money asked Mr. Weaver if he had recommendations for the council based on suggestions from council members prepared. He did not.
Ms. Money wants to know what the current investment policy is and what penalties are provided should the policy not be followed.
Mr. Weaver said the authority to award bids and to grant contracts rests with the mayor through state statute. There are no penalties outlined in state statutes. He does not believe the council can interfere with the mayor’s authority to open and award bids.
Mr. Ott asked if a company was dissatisfied with the award of a bid or contract, it would be up to that company or individual to file a grievance. Mr. Weaver said it would be up to the individual to file a civil suit or to go to the county prosecutor to file criminal charges.
Ms. Carroll asked about contracting for professional services. Mr. Weaver said contracts are awarded based on lists of persons who submit their statements of qualifications for specific services. Since the mayor awards the contracts, it is up to the mayor to choose which professionals to use, based on their statements of qualifications.
Ms. Money moved to defer the discussion indefinitely and if more information should become available, it could be brought up at a later date. Ms. Carroll seconded. All voted aye. Motion passed 6/0/0
6. Discussion of Ordinance #1941
regarding manufactured housing.
Mr. Ott moved to table the discussion to the June 28 meeting. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
NEW BUSINESS:
1. Resolution #501 – A resolution
supporting the Preserve America Community application – Glenna Booth
In general, the resolution recognizes historic preservation as an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character. It recognizes the contributions made by dedicated individuals in helping preserve the tangible aspects of the heritage that has shaped us as a people.
Mr. Ott moved to accept the resolution by unanimous consent. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
2. Discussion to draft ordinance
establishing voting by ward and 4 year staggered terms.
Mr. Ott moved to ask the Carroll County Election Commission to look at the city’s existing three wards and to try to determine if they need to be reapportioned. Mr. Berry seconded. All voted aye. Motion passed 6/0/0
Mr. Ott moved to have an ordinance drafted to set the voting of council members by wards and to establish four-year staggered council terms. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
City Council 6/14/04 5
3. Discussion to amend ordinance
establishing council salary from $2,400 to $6,000 per year.
Mr. Umland moved to table the discussion until after the mid-year budget review. Ms. Money seconded. All voted aye. Motion passed 6/0/0
COUNCIL COMMENTS:
Ms. Carroll expressed her concern for a lack of information on the costs of the improvements to the wastewater treatment plant. She wants that information as soon as possible.
Ms. Money asked Mr. Weaver to follow up on an opinion about dealing with business licenses for businesses with more than one location. She has questions about two sections of the current sign ordinance that she wants to discuss during the June 28 meeting.
Mr. Umland wants to discuss the portion of the sign ordinance dealing with banners.
Mr. Ott reminded everyone of the open mike portion of the June 28 meeting. He praised the opening of the Lucky 13 Starlight Cinema on Sunday, June 13, and encouraged attendance.
Mr. Berry commended Police Chief Hyatt, Transit Director Lamont Richie and Special Events Coordinator Pearl Brick on the success of the Blues Festival and the “smooth” transportation. He asked that Ordinance 1956 be put on the July 12 agenda for discussion of an appeals board to be included. Mr. Ott seconded. He said the proposed new sign ordinance should be referred back to the Planning Commission because the state legislature has made some changes that will affect the local ordinance.
Ms. Lindblad commended all of the city gardeners on the flower gardens in the city. She encouraged everyone to get involved with the America In Bloom project. She said she had missed the tour of the wastewater plant on June 4, but understood an ADEQ inspector had said everything was fine. She commended operator D.J. Fox on her efforts.
MAYOR’S COMMENTS:
Mayor Harrison commented on the Blues Festival and its success. She congratulated Mr. Ott for his award-winning performance of the Cowardly Lion song at Cinema 13. She said she has several interviews scheduled with applicants for the accounts supervisor position.
Ms. Sell said she was aware that three council members had taken a tour of the wastewater treatment plant on Friday, June 4, and that neither of the community newspapers had been notified of the tour. She warned council members about possible Freedom of Information Act (FOIA) and open meeting law violations in conjunction with such gatherings.
ADJOURNMENT:
Ms. Money moved to adjourn at 9:50 p.m. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
City
Council 6/14/04 6
This is the signature page for the minutes of the regular City Council meeting June 14, 2004.
____________________________________
Mayor Kathy Harrison
________________________________
City Clerk Mary Jean Sell
City Council 6/14/04 7