CITY OF EUREKA SPRINGS

CITY COUNCIL

REGULAR MEETING                           MONDAY                   NOVEMBER 22, 2004

 

            Mayor Kathy Harrison called the regular meeting of the City Council to order at 6:10 p.m. Monday, Nov. 22, in the jury room of the Western District Carroll County Courthouse.

 

PRESENT: Mayor Kathy Harrison, Aldermen Robert “Butch” Berry, Aaron Falotico, Karen Lindblad and Earl “Bud” Umland, City Attorney Tim Weaver, Public Works Director Robert Forest, consulting engineer Ron Tracy, City Advertising and Promotion Commission (CAPC) Marketing Director Lynn Berry, aldermen-elect Beverly Blankenship, Rick Rojek, Terry McClung, Lori Weaver and City Clerk Mary Jean Sell. Aldermen Gayle Money and Bill Ott were absent.

 

PLEDGE OF ALLEGIANCE TO THE FLAG:

            Mayor Harrison led the Pledge of Allegiance to the Flag.

 

APPROVAL OF THE AGENDA:

            Ms. Lindblad moved to approve the agenda. Mr. Umland seconded.

            Mayor Harrison asked to add a report from the Public Works director under committee reports. She said Old Business Item #4 regarding Historic District Commission (HDC) sidewalk recommendations would not be ready until the Dec. 13 meeting; and New Business Item #5, Ordinance 1979, regarding downtown trolley stops, would not be ready until Dec. 13.

            Mr. Berry asked that New Business Item #2, regarding Ordinance 1975, prohibiting feeding of deer, be deferred to Dec. 13.

            On the motion to approve the agenda, as amended, all voted aye. Motion passed 4/0/0

 

APPROVAL OF THE MINUTES: September 27, 2004     November 8, 2004

            Mr. Berry moved to approve the minutes of Sept. 27. Mr. Falotico seconded.

            Mr. Falotico pointed out that on Page 5, Item #4, the repetition of the third reading of the ordinance should be removed.

            On the motion to accept the minutes as amended, all voted aye. Motion passed 4/0/0

            Mr. Falotico moved to approve the minutes of Nov. 8 as presented. Mr. Berry seconded. All voted aye. Motion passed 4/0/0

 

COMMISSION, COMMITTEE, AUTHORITY REPORTS AND VACANCIES:

None

 

 

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COMMITTEE REPORTS:

            Mr. Forrest reported the city’s wastewater treatment plant has been in compliance with the Arkansas Department of Environmental Quality (ADEQ) standards the past 90 days and more.

            He read aloud a letter outlining the current status of the proposed construction of the new wastewater treatment facility, including accounts of funds on hand and invested with which to finance the new construction. He will take equipment bids during December and hopes to be ready to advertise for bids on the physical plant by the end of December. He hopes the new plant will be in operation a year from now.

            Mr. Forrest assured Mr. Umland three times during discussion that no new taxes or water and sewer rate increases would be necessary to pay for the construction of the new plant.

           

OLD BUSINESS:

            1. Discussion of Ordinance 1971, an ordinance for the City to regain Corley Street, right of way, from Parks and Recreation Commission. (2nd reading)

            Mr. Umland moved to suspend the rules and place Ordinance 1971 on its second reading by title only. Mr. Falotico seconded. By roll call, all voted aye. Motion passed 4/0/0

            Mayor Harrison read the title of the ordinance aloud.

            Mr. Berry moved to approve Ordinance 1971 on its second reading by title only. Mr. Umland seconded. All voted aye. Motion passed 4/0/0

 

            2. Discussion of recommendations from the Main Street Merchants – Umland

            Mr. Umland said he still has some research to do before making proposals on the parking situation. He asked to postpone the discussion until Dec. 13.

 

            3. Discussion of Ordinance 1978, an ordinance regulating special events. (2nd reading)

            Mr. Falotico moved to suspend the rules and place Ordinance 1978 on its second reading by title only. Mr. Falotico seconded. By roll call, all voted aye. Motion passed 4/0/0

 

            4. Discussion of Ordinance 1972, noise ordinance (2nd reading.)

            Mr. Umland moved to suspend the rules and place Ordinance 1972 on its second reading by title only. Mr. Falotico seconded. By roll call, all voted aye. Motion passed 4/0/0

            5. Discussion of Ordinance 1976, an ordinance establishing the duties and salary of the City Clerk-Treasurer. (2nd reading)

            Mr. Umland moved to suspend the rules and place Ordinance 1976 on its second reading by title only. Ms. Lindblad seconded. By roll call, all voted aye. Motion passed 4/0/0                                                                                    

 

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            Mayor Harrison read the title of the ordinance aloud.

            Mr. Umland moved to approve Ordinance 1976 on its second reading by title only. Ms. Lindblad seconded.

            Mr. Berry asked why this is necessary. In his opinion, the city is  not doing anything against the law. He believes someone could be hired to do the tasks currently not being done by the clerk.

            Mayor Harrison said a full-time clerk is needed to keep up with business licenses, permits, ordinances, codification of ordinances and to keep other city records. The job was reduced to that of a “minute taker” two years ago, and the records are not now being properly kept.

            Ms. Lindblad said she felt it was a slap in the face of the voters for the council to reduce the city clerk’s job when they had always voted for a full-time clerk. She believes it will be a good investment for the city to put the position back to full-time so the duties described by state statute and city ordinances can be done by the clerk.

            On the motion to approve the second reading of the ordinance, three voted aye, and Mr. Berry voted nay. Mayor Harrison voted aye. Motion passed 4/1/0

 

            6. Discussion of Ordinance 1948 – recommendations from the CAPC

            The ordinance now bears number 1981.

            Mr. Umland explained the amendments are necessary to avoid creating a huge loophole which would allow several businesses now collecting the 2 percent gross sales tax for the CAPC to stop.

            Mr. Weaver said including the word “or” in the designation of collectors would solve the problem.

            Mr. Falotico said the CAPC is circumventing this (council) table by going to the state legislature to change the state statute about who should collect the tax. He does not believe the CAPC tax is a legitimate tax. He wants to establish a Commission of Tourism to collect a 1 percent tax and leave the enforcement of the ordinance to the state, not in local hands.

            Mr. Umland moved to approve Ordinance 1981. Mr. Berry seconded.

Mayor Harrison reminded the council that the ordinance has not yet been read aloud.

            Mr. Umland moved to place Ordinance 1981 on its first reading. Mr. Berry seconded. Mr. Berry and Mr. Umland voted aye. Ms. Lindblad and Mr. Falotico voted nay. The motion failed 2/2/0

 

NEW BUSINESS:

            1. Discussion of wall board of appeals.

            Mr. Berry said the council had asked the city attorney some time ago for an ordinance based on the city’s building code. He believes the city council should establish a board of appeals to determine ownership/control of retaining walls if there is a question of ownership before maintenance or repair work is done.

            Mr. Umland said he thought the ordinance passed this year (#1956-June 14, 2004) had been specific in guidelines for determining responsibility for stone walls.

            Mr. Weaver said the problem is that if the city goes by the black letter of the law,

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there is almost no discretion in the decision-making about walls, or the council could violate its own ordinance and allow publish works funds to be spent repairing privately owned walls.

            Mr. Berry said he is concerned with determining whether or not the city built walls on private property to hold up or protect streets and there doesn’t seem to be any documentation available to make those determinations.

            The council took a 10-minute break at 7:20 p.m. and returned at 7:35 p.m. to resume the meeting.

            Discussion of the board of appeals continued, but no resolution was made.

 

            3. Discussion of Ordinance 1977, an ordinance to approve the mid-year budget.

            Mayor Harrison amended a portion of the proposed budget to add $1,200 for utilities, to make the total $22,500. Mr. Falotico moved to approve the amendment for utilities. Mr. Umland seconded. All voted aye. Motion passed 4/0/0

            Mr. Falotico moved to place ordinance Ordinance 1977, as amended, on its first reading. Mr. Umland seconded. All voted aye. Motion passed 4/0/0

            Mayor Harrison read the ordinance aloud.

            Mr. Falotico moved to approve ordinance 1977 on its first reading. Ms. Lindblad seconded. All voted aye. Motion passed 4/0/0

 

            4. Discussion of Ordinance 1979, an ordinance repealing 106-301 of the Municipal Code pertaining to trolley stops.

            Mr. Umland moved to place Ordinance 1979 on its first reading. The ordinance died for lack of a second.

 

            5. Discussion of proposed minimum street construction standards.

            Mr. Forrest presented information regarding establishing minimum street construction standards within the city limits. He said the city does not currently have such minimums. He asked the council to review the document and adopt a resolution accepting the standards.

 

COUNCIL COMMENTS

            Mr. Umland asked department heads to examine the professional services lines in their budgets. He suggested there might be more accountability if all the professional service funds were put into one account and requested when they were needed.

            Mr. Falotico said he would like to have commission and department head reports at the beginning of each council meeting. He said he would like to have a committee appointed to look at the CAPC operations before any proposals are made to the state legislature. He volunteered to serve and asked for four additional members.

            Ms. Lindblad said the public works department 2005 budget would be considered at 6 p.m. Monday, Nov. 29. Mayor Harrison said the administrative department budget would be considered at 6 p.m. Wednesday, Dec. 1, in the third floor

Courtroom.

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            Mr. Berry spoke for Mr. Ott, reminding everyone of performances of “Gifts of the Magi,” in the City Auditorium. He said the Council needs to adopt the Arkansas amendments to the International Building Code (IBC).

            Ms. Lindblad recommended that members of the CAPC committee not all be from the same CAPC sector. She commended employees at the waste treatment plant for operating within the state’s limits with less equipment than ever before.

           

MAYOR’S COMMENTS:

            Mayor Harrison said she appreciates the council members-elect coming to the budget meetings. She reported interest rates have netted the city $58,000 from May to October. These funds will be put into the reserve accounts as payback.

           

ADJOURNMENT:

            Mr. Berry moved to adjourn at 8:15 p.m. Mr. Falotico and Mr. Umland seconded. All voted aye. Motion passed 4/0/0

 

            This is the signature page for the Nov. 22 City Council meeting minutes.

 

 

                                                                        ______________________________

                                                                                    Mayor Kathy Harrison

 

________________________________       

            City Clerk Mary Jean Sell

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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