CITY COUNCIL
REGULAR
MEETING MONDAY FEBRUARY 9, 2004
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, Parks Director Bruce Levine, Transit Director Lamont Richie, ACE Coordinator Glenna Booth, Administrative Assistant Brenda Spencer, Police Chief Earl Hyatt and City Clerk Mary Jean Sell.
PLEDGE OF ALLEGIANCE TO THE
FLAG:
Mayor Harrison led the Pledge of
Allegiance to the Flag.
APPROVAL OF THE AGENDA:
Ms. Money moved to approve the
agenda. Mr. Ott seconded.
Mayor Harrison said New Business
Item #1, discussion regarding Ordinance #1944, amending the 2003 budget, will
be postponed until the ordinance can be written.
Ms. Money moved to approve the
agenda as amended. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
APPROVAL OF THE MINUTES:
December 8, 2003 December 19, 2003
January 12, 2004 January 26, 2004 January 29, 2004
Ms. Money moved to approve the minutes of Dec. 8, 2003, as presented. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
Ms. Money moved to approve the minutes of Dec. 19,
2003, as presented. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
Ms. Money moved to approve the minutes of Jan. 12, 2004, with the notation of one typo
at the top of Page 4. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
Ms. Money moved to approve the minutes of Jan. 26,
2003, with the notation of one typo on Page 2. Ms. Lindblad seconded. All voted
aye. Motion passed 6/0/0
Ms. Money moved to approve the minutes of Jan. 29,
2004, as presented. Ms. Lindblad seconded. All voted aye. Motion passed 6/0/0
COMMISSION, COMMITTEE AND AUTHORITY REPORTS AND VACANCIES
Historic
District Commission – Position 1 – Expires 11/30/06- Janet Farthing – vote
Mr. Ott moved to accept Ms.
Farthing’s nomination. Mr. Umland seconded.
Mr. Berry said he was concerned that
a second applicant, a former member of the HDC, was not the one nominated to
the position in the interest of continuity, experience, tine and money invested
in training.
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Mr.
Umland, Mr. Ott and Ms. Lindblad supported the nomination.
On the vote, Ms. Lindblad, Mr. Ott
and Mr. Umland voted aye. Ms. Carroll, Mr. Berry and Ms. Money vote no. Mayor
Harrison voted aye to break the tie and confirm the nomination. Motion passed
4/3/0
DEPARTMENT HEAD COMMENTS:
Police
Chief Earl Hyatt reported an effort within his department for officers to
take vacations during this quiet time of year or to attend training schools.
The state Attorney General’s office will send a representative to Eureka
Springs to conduct a class in first responders to a missing or exploited child
scene Feb. 19. Assistant Chief Morris Pate will conduct a class for the community
on fraud and shoplifting from 6:30 to 8:30 p.m. Tuesday, March 9, at the Inn of
the Ozarks in cooperation with the Greater Eureka Springs Chamber of Commerce.
Transit
Director Lamont Richie distributed 2004 trolley maps and information cards
to council members. Delivery has started on the 60,000 maps. The department has
received a $248,000 federal grant through the state for the purchase of a
trolley. Trolleys will begin their season Friday, Feb. 13. This is the first
time in seven years all of the trolleys have operational wheelchair lifts.
Interim
Public Works Director Jay Wilson
reported efforts to keep roads clear of ice and snow from the recent storms. He
is developing a list of streets for repair and/or paving this year.
Parks
Director Bruce Levine reported receiving a $50,000 matching grant from the
Arkansas Department of Parks and Tourism for the concession stand and restroom
construction at Lake Leatherwood Park.
ACE
(Arkansas Community of Excellence) Coordinator Glenna Booth reported on her
projects as Certified Local Government (CLG) coordinator. The CLG program is a
federal program administered through the Arkansas Historic Preservation Program
(AHPP) that provides a link between communities, the state and federal agencies
involved with historic preservation. She has recently attended a quarterly
meeting in Ft. Smith and will be going to Indianapolis, Ind., this summer for a
National Alliance of Preservation Programs national meeting. She is working
with AHPP on developing the city’s nomination to the National Register of
Historic Places as a community of national significance instead of local
significance. Eureka Springs has been on the National Register since 1970.
COMMITTEE REPORTS:
Vision
– Ott, Lindblad and Harrison – The committee will meet at 5 p.m. Wednesday,
Feb. 18.
Festival – Umland, Charlotte Buchannon, Janet Farthing and Harrison.
Mr. Umland reported the group met
Friday, Feb. 6, developed recommendations and has forwarded them to the city
attorney for preparation of an ordinance.
Salary & Personnel – Money, Finance Director Diane Murphy, Spencer and Harrison
Ms. Money reported a meeting has been held with a consulting firm about establishing job descriptions for city employees and a salary schedule. Questionnaires
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will be distributed to employees to gather information about the jobs they are doing.
Board of Appeals – Berry, Mills
Mr. Berry said the council will have recommendations from the city attorney about rescinding the adoption of appendices to the International Building Code (IBC) so a local board can be formed. He had contacted an electrician and a general contractor about being member of the board and will be contacting several others.
OLD BUSINESS:
1. Discussion of speed bumps. (Money)
Ms. Money has talked with Police Chief Hyatt and former Public Works Director Kirby Murray about the placement of speed bumps in the community.
Mr. Berry is concerned about the cost, permanency of the installation, possible damage to the streets when the bumps are removed.
Ms. Money will continue to work with public works and the street department to gather information.
2. Discussion of Robert’s Rules of Order vs. Municipal
League Procedural Rules
Ms. Money moved to adopt the Municipal League Procedural Rules. Mr. Umland seconded. Five voted in favor of the motion, Ms. Lindblad opposed. Motion passed 5/1/0
NEW BUSINESS:
1. Discussion regarding Ordinance #1945, an ordinance rescinding Amendment B of the IBC, concerning the Board of Appeals.
City Attorney Tim Weaver explained the council had adopted the appendices of the IBC in their entirety, but there were several not needed by the city. At the recommendation of Don Zimmerman, attorney for the Arkansas Municipal League, Weaver has drafted an ordinance rescinding those appendices not needed.
Building Official Mills went through the nine appendices, explaining the purpose of each. They are generally useful to large cities, not small towns.
Mr. Ott moved to place Ordinance #1945 on its first reading. Mr. Umland seconded.
Ms. Sell read the ordinance aloud.
Mr. Ott noted one misspelled word and moved to approve Ordinance #1945 on its first reading with the correction as noted. Ms. Money seconded. All voted aye. Motion passed 6/0/0
2. Citizen request to vacate or purchase
Greenspace – Betty Zaboly
Ms. Zaboly purchased her home at 44 Owen St. 11 years ago. In reviewing her deed this fall in preparation to sell the property, she discovered her garage is built on most of Dunlap Street, an unopened platted street. Her property is bounded on the other side by Carter Street, a closed platted street.
She had asked the Parks and Recreation Commission several months ago to ask the council to vacate Dunlap so she could clear the title to the property. The Parks Commission has management authority over the city’s properties known as Green
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Spaces, undeveloped areas. The commission has taken no action on Zaboly’s request, but has formed a committee to study this, and similar situations, and to try to develop a policy.
She introduced Eric Torgerson, a former public works employee. He had participated in the smoke testing of the city’s sewer lines several years ago. He presented a map showing the city’s sewer line actually runs through Zaboly’s back yard and under a corner of her house. He said the city does not have an easement for the sewer line, except a prescriptive easement, which means the city cannot dig to the line or repair it. He suggested swapping an easement for the sewerline for the property in Dunlap St. where Zaboly’s garage sits.
Parks Commissioner Joel Taylor, a member of the Green Zone Committee, opposed the swapping of land and easements. He didn’t think it was fair to the property owner on the other side of Dunlap because that person will not be able to receive half of the street. He also thinks the other four property owners whose sewers feed the line behind Zaboly’s should be involved in the granting of any easement.
Weaver said he agreed with Taylor’s position in that the city would not be swapping land for land and making the suggested deal could lead to greater problems in the future. He asked for additional time to study the situation
After a lengthy discussion, Mr. Ott moved to have all of the principles in the discussion have a meeting and report findings to the council during the Feb. 23 meeting. If an agreement was not reached by then, to bring a final report in a month. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
3. Awarding of bid for sewer line work
in the Hayes-Martz Circle area.
Mayor Harrison said seven companies had bid on the project. It is the recommendation of McClelland Consulting Engineers of Fayetteville to accept the bid of Jimmy Jones Excavation, Inc. at $311,271.
Mr. Berry moved to accept the recommendation and award the bid to Jimmy Jones Excavation. Mr. Ott seconded. All voted aye. Motion passed 6/0/0
COUNCIL COMMENTS:
Ms. Money suggested setting a capital budget workshop. The group agreed to 5 p.m. Monday, Feb. 23, prior to the regular meeting.
MAYOR’S COMMENTS:
Mayor Harrison asked council members to write down a “wish list” for capital expenditures in 2004.
She asked for a volunteer to participate in the Housing and Urban Development (HUD) Oversight Committee to work on affordable housing project. Ms. Carroll volunteered.
ADJOURNMENT:
Ms. Money moved to adjourn at 8:42 p.m. Mr. Umland seconded. All voted aye. Motion passed 6/0/0
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This is the signature page for the City Council minutes of Feb. 9, 2004.
_______________________________
Mayor Kathy Harrison
_______________________________
City Clerk Mary Jean Sell
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