CITY COUNCIL
REGULAR
MEETING
Mayor
Kathy Harrison called the regular City Council meeting to order at
PRESENT: Mayor Kathy Harrison,
Aldermen Robert “Butch” Berry, Penny Carroll, Karen Lindblad, Gayle Money, Bill
Ott, Earl “Bud” Umland, City Attorney
Tim Weaver, Transit Department Director Lamont Richie, Building Official Randy
Mills, City Planner Richard Harper, Public Works Director Robert Forrest, Parks
and Recreation Commission Executive Director Bruce Levine, Fire Chief/Chief of
Emergency Services David Stoppel, ACE (Arkansas Community of Excellence) Glenna
Booth, mayor’s assistant Brenda Spencer and City Clerk Mary Jean Sell.
PLEDGE OF ALLEGIANCE:
Mayor Harrison led the Pledge of
Allegiance to the Flag.
APPROVAL OF THE
AGENDA:
Ms. Money moved to approve the agenda. Ms. Lindblad seconded.
Ms. Money asked to add a building official report to department head comments.
Mr. Ott said he had been asked by City Planner Richard Harper to defer Item #1 of Old Business, discussion of Aerial Data Services and comparative services. He said New Business #2, discussion of Ordinance #1948 regarding amending Article II Section 102-32 of Municipal Code amending definition of gift shops, is not ready. New Business Item #5, citizens appeal of denial of application to allow multi-family dwelling in the R-1 Zoning District at 245 Spring St., there is no one present to present the appeal. He asked Mayor Harrison to add comments regarding recent bank bids for services under department head comments since she is the administrative department head.
Ms. Money said several persons were in attendance to speak about the 245 Spring St. matter. She wants them to be allowed to speak so they won’t have to attend another meeting. Ms. Lindblad agreed.
Ms. Lindblad moved to approve the agenda with amendments, except for Item #5 of New Business. Ms. Money seconded.
Mr. Ott moved to amend the motion to include a discussion of the bank services bid, bid policy amendments, and bank account signatories along with deferring Item #1 of Old Business and Item #2 of New Business, Ms. Carroll seconded. Five voted in favor of the motion, Ms. Lindblad opposed. Motion passed 5/1/0
Mr. Ott moved to defer Item #5 of New Business until the next meeting. Ms. Carroll seconded.
Mr. Weaver was asked if comments could be taken without taking action on the appeal. Mr. Weaver said if statements were taken, they could not be considered part of the appeal hearing because all parties involved were not present.
Mr. Umland called for the question to end the discussion. Mr. Ott seconded. All
City Council 5/12/04 1
voted aye. Motion passed 6/0/0.
On the motion to defer Item #5, five voted aye, Ms. Lindblad opposed. Motion passed 5/1/0
Ms. Money moved to add a discussion of the city’s bid policy to the end of the New Business portion of the agenda. Ms. Carroll seconded.
Mr. Ott called for the question to end the discussion. Mr. Berry seconded. Mr. Ott, Mr. Berry, Ms. Money voted aye. Mr. Umland. Ms. Lindblad and Ms. Carroll voted nay. Motion failed. 3/3/0
Discussion of awarding the contract for banking services continued.
Mayor Harrison said she had spoken with Mr. Umland about setting a date for a bid committee meeting and was waiting to determine a convenient time for Ms. Money so she could attend. She said she would not award a contract until the committee had met.
Ms. Money moved to add a discussion of the city’s bid policy to the next meeting’s agenda, after the bid committee meets. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
APPROVAL OF THE
MINUTES: April 26, 2004
Ms. Money moved to approve the
minutes of April 26 as presented. Ms. Lindblad seconded. All voted aye. Motion
passed 6/0/0
COMMISSION, COMMITTEE,
AUTHORITY REPORTS AND VACANCIES:
Planning Commission – Position 5 –
Expires 1/1/07
Planning Commission – Position 3 –
Expires 7/1/05 – Marilyn Kelley Still
Mayor Harrison nominated Ms. Still,
a wastewater treatment consultant, who will be living in the community for the
next year as work is done on the city’s wastewater treatment system.
Historic District Commission - Position 7 – Expires 3/7/05
Hospital Commission – Position 5 –
Expires 6/1/07
Police, Transit, Public Works, Parks
and ACE
Mayor Harrison read aloud a written
report submitted by Police Chief Earl Hyatt.
Transit
Director Lamont Richie submitted a written report, then reviewed plans for transportation
during the 2004 Blues Festival, the first weekend of June.
He also gave a report as a member of
the Parks Green Space Committee. He said the term “green space” is being
changed to “undeveloped rights-of-way” because many of the platted, but
un-opened, pieces of land are not suitable for development or use, for a
variety of reasons. The committee is working on a system to prioritize
potential uses for the spaces, because there will be times when it will be in
the city’s best interest to vacate them. Leases and fees will be part of the
final policy. It will be the recommendation that the Parks Commission and/or
the city look at each piece on a case-by-case basis.
City Council 5/12/04 2
Public
Works Director Robert Forrest reported bids on the paving of Benton St.
will be opened at 10 a.m. Thursday, May 20. Paving has been completed on Lower
Wall and Frontage St., and Thunder Road will be completed within the next two
weeks. He is investigating the situation at Pendergrass Corner, the corner just
past the New Orleans Hotel on Spring St., to determine what needs to be done to
resupport the roadway. Paving is in progress on Lake Leatherwood Road.
Contractor Jimmy Jones has started the sewer project on Martz and Hayes Circles.
Ms. Money and Mr. Berry clarified that all decisions about whether or not
streets are to be one-way and placement of stop signs are to be made by the
City Council.
Parks
Director Bruce Levine reported receipt of a $15,000 grant from Arkansas
Rural Development for the Skate Park project. He said a total of $55,000 toward
the needed $75,000 has been raised. Lake Leatherwood Park is open for day use.
ACE
Coordinator Glenna Booth reported she is working on a guide for city
services. She is working with the City Advertising and Promotion Commission
(CAPC), the Western Carroll County Community Development Partnership (CDP), and
the Greater Eureka Springs Chamber of Commerce to develop information for new
business and relocation prospects.
Building
Official Randy Mills reported he has designed a fluorescent green temporary
parking permit form for one day use of city-owned parking areas for temporary,
open-air enterprises.
Mayor
Harrison expressed her deep regret over the resignation of Finance Director
Diane Murphy, effective May 21. She said advertisements for a replacement will
be made when an accurate job description is determined. She reported bids have
been opened for the addition to the trolley barn and bids are out for the
Benton Street paving project. There will be a Salary & Personnel Committee
meeting 9 a.m. Friday, May 14.
OLD BUSINESS:
1. Discussion of Ordinance #1955, an ordinance
amending Section 46-89 of the Municipal Code to authorize ambulance and related
service charges (3rd reading).
Mayor Harrison read the
title of the ordinance aloud.
Ms. Money moved to approve Ordinance
1955 on its third reading by title only. Mr. Berry seconded. All voted aye.
Motion passed 6/0/0
2.
Discussion of citizen proposal for traffic control at Prospect and Linwood.
Ms. Money moved to approve Police
Chief Hyatt’s recommendations. Ms. Lindblad seconded.
City Council 5/12/04 3
Ms. Money read the recommendations aloud: A. To paint the curb red along the Veranda Inn’s rock wall on Linwood and to extend it to Frankie Gill’s property at 5 Linwood; B. to add a one-space yellow parking zone in front of the Veranda Inn on the Prospect St. side; C. to have a white limit line painted on Linwood at the approach to the stop sign.
On the motion to approve, all voted
aye. Motion passed 6/0/0
3.
Discussion of Ordinance #1956, an ordinance regarding retaining walls (2nd
reading).
Ms. Money moved to suspend the rules
and place Ordinance 1956 on its second reading by title only. Ms. Lindblad
seconded. All voted aye. Motion passed 6/0/0
Mayor Harrison read the title aloud.
Ms. Money moved to approve Ordinance
1956 on its second reading by title only, Ms. Lindblad seconded.
Mr. Forrest gave a lengthy
explanation of how the ordinance will be interpreted so that the city’s
retaining walls can be maintained.
Ms. Money suggested a field trip for
council members so they could see what he was talking about.
Mr. Berry called for the question to
end the discussion. Mr. Ott seconded. By roll call, all voted aye. Motion
passed 6/0/0
On the motion to approve the
ordinance, all voted aye. Motion passed 6/0/0
4.
Discussion of Ordinance #1941, an ordinance to amend Chapters 114-4(c)(6) and
70-4 of the Eureka Springs Municipal Code, regarding manufactured homes. (2nd
reading).
Mr. Ott moved to suspend the rules and place Ordinance 1941 on its second reading by title only. Mr. Umland seconded. By roll call, all voted aye. Motion passed 6/0/0
Mayor Harrison read the title aloud.
Ms. Money moved to approve Ordinance
1941 on its second reading by title only. Mr. Ott seconded.
Mr. Berry said he would like to have
the A (agriculture) zones taken out of the ordinance. He said the Planning
Commission is working to designate R-3 zones and will be having a public
hearing on the matter in the near future.
Mr. Weaver suggested going ahead
with the approval to indicate a forward motion by the council in getting areas
designated within the city for the placement of manufactured homes. The state
legislature had mandated such an ordinance be in place by Oct. 1, 2003. He
suggested the council encourage the Planning Commission to take action on
designating areas as quickly as possible.
On the motion to approve the
ordinance, five voted aye, Mr. Berry opposed. Motion passed 5/1/0
Mr. Ott moved to send a letter of
encouragement to the Planning Commission telling them to announce plans for a
public hearing on proposed new R-3 zoning areas before May 24, the next council
meeting. He also suggested the mayor attend the next Planning Commission
meeting (scheduled for May 13). Ms. Money seconded. All voted aye. Motion
passed 6/0/0 City
Council 5/12/04 4
5.
Discussion of citizen proposal for green space/alley connecting Owen and
Mountain Street – Betty Zaboly.
Ms. Zaboly said it had been Mr. Richie’s recommendation to close the section of Draper St. which is under her garage at 44 Owen St. or for the city to give her a long term lease. She has agreed to work out a payment for the portion of the street on her neighbor’s property.
Glenda Satterfield said Mr. Richie
had also suggested that Ms. Zaboly give an easement to the city for the portion
of the sewer line under her house.
Ms. Money moved to have Mr. Richie
give his recommendations to Mr. Weaver. Mr. Ott seconded. There was no vote on the motion.
NEW BUSINESS:
1. Discussion of creating an ordinance for procedure
for non-payment of CAPC tax.
CAPC Director LeRoy Gorrell reported
he has met with Mr. Weaver, Ms. Murphy and Mayor Harrison to discuss the
matter.
Mr. Weaver said the city’s Municipal
Code currently has no procedure for a business owner who is not collecting the
CAPC tax to present evidence to support the position. There needs to be a
procedure for notice, a hearing, and appeal to circuit court. There also needs
to be a punishment established, fines, levies or liens. He does not believe
revoking a business license is a good idea.
Mr. Ott moved to instruct Mr. Weaver
to work with Mr. Gorrell to draft an ordinance addressing the issue. Ms. Money
seconded.
Ms. Lindblad said it would create an
interesting situation to create an enforcement ordinance before an ordinance
defining “who” would collect the tax was in place. She believes the two
ordinances should be passed at the same time, or the ordinance defining
collectors first.
Ms. Carroll said she thought Ms.
Lindblad should recuse herself since her business was one of those not paying
the CAPC tax and the ordinance would directly affect her.
Ms. Lindblad said if she recused
herself then Mr. Berry should as well since his wife is employed by the CAPC
and the three other council members who also have businesses affected by the
CAPC ordinances.
Mr. Ott called the question to end
discussion. Ms. Money and Ms. Carroll seconded. Five voted aye, Ms. Lindblad
opposed. Motion passed 5/1/0
On the motion to have the ordinance
written, five voted aye. Ms. Lindblad opposed. Motion passed 5/1/0
2.
Reassigning bond money already allocated for wastewater treatment plant to new
design.
Mayor Harrison said there is money left from the 2002 bond issue originally designated for improvements to the inflow and infiltration system and wastewater treatment plant. She said initial purpose of the bonds is not changing, only the type of repairs and equipment to be purchased for a design/type of plant.
City Council 5/12/04 5
Mr. Forrest explained that he has had
several wastewater treatment experts and engineers look at the existing system
and it is not functioning properly, part of the plant has failed completely.
He gave a lengthy review of the
plans for the new system, with the assistance of consulting engineer Ron Tracy.
Both men said the Sequential Batch Reactor (SBR) System is the most efficient
system for the type of wastewater demand in Eureka Springs. Forrest said he has
talked with the Arkansas Department of Environmental Quality (ADEQ) about this
system and ADEQ’s representatives are in agreement this is the best type of
system for Eureka. ADEQ has to approve all designs and plans for the new system
before it can be installed.
Ms. Carroll was concerned about
consulting other engineering firms and getting opinions on the plans.
Mr. Ott moved to put a vote on
reassigning the bond money on the next council agenda and information on costs
be provided to council members before the meeting. Ms. Carroll seconded.
Mayor Harrison said there was no
need for a vote. The funding has been committed for wastewater plant
improvements and Mr. Forrest’s presentation was to keep the council informed as
to what is being done.
Mr. Ott withdrew his motion.
3.
Discussion of Ordinance #1957, an ordinance to establish a Board of Appeals.
Mr. Berry moved to place Ordinance
1957 on its first reading. Mr. Ott seconded. Five voted aye, Ms. Lindblad
opposed. Motion passed 5/1/0
Mayor Harrison read the ordinance
aloud.
Mr. Berry moved to approve Ordinance
1957 on its first reading. Mr. Ott seconded.
Mr. Berry asked Mr. Weaver if the
at-large members of the board could live outside the city limits. Mr. Weaver
said it is necessary that all members of the board live within the city.
Ms. Money wanted a definition of
“promptly” as it is used within the ordinance. Mr. Weaver said it should mean
as soon as possible since a construction project would have been stopped for
the appeal to be heard.
On the motion to approve the
ordinance on the first reading, all voted aye. Motion passed 6/0/0
4.
Discussion regarding bank account signatures.
Ms. Money wanted to know who was
going to be on the signature cards for city accounts now that Ms. Murphy has
resigned.
Mayor Harrison said state statute
19-8-106 provides for the mayor, city clerk/recorder and city collector to be
the depository board. She said Ms. Sell had agreed to be one of the signers.
Ms. Money said it has been
recommended to her to have a third person as a signer.
City
Council 5/12/04 6
COUNCIL COMMENTS:
Ms.
Money thanked Diane Murphy for her years of service to the city and said
she will be missed. She said the Bid Committee would meet at 4:30 p.m.
Wednesday, May 12. She encouraged everyone to vote in the special election May
11.
Mr.
Umland thanked Diane Murphy for her years of service to the city. He
encouraged everyone to vote in the special election May 11.
Mr.
Ott said he is saddened by the resignation of Diane Murphy and he wanted to
let her know she was appreciated for her hard work and dedication to the city.
He said the bid committee meeting would be open to the public. He encouraged
everyone to participate in the May Festival of the Arts activities.
Mr.
Berry said thanks to Diane Murphy and she will be missed by the council and
city. He wished her Godspeed.
Ms.
Lindblad thanked Brenda Spencer and others for their work on Earth Day and
for their visit to the city’s schools to involve the children in Earth Day
activities. She thanked Diane Murphy for her time with the city. She thanked
the mayor for opening up the city’s bid process to the public.
Mayor Harrison encouraged everyone
to vote May 11 in the special election.
She said if she accepted the bid of
the highest bidder on the city’s banking services, the city would be making and
additional $93,000 in interest on its funds.
She said Cameron Crow, writer for
Paramount Studio’s motion picture “Elizabethtown” has added more scenes to the
picture to include downtown Eureka Springs. She thanked Lynn Berry, marketing
director of the CAPC, for her efforts in escorting Crow and his entourage
around the area.
Ms. Money moved to adjourn at 10:22
p.m. Mr. Ott seconded. All voted aye. Motion passed 6/0/0
This is the signature page for the
City Council minutes of May 12, 2004.
______________________________________
Mayor
Kathy Harrison
_________________________________
City Clerk Mary Jean Sell
City Council 5/12/04 7