68

CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

January 9, 1996

Mayor Barbara O’Harris called the first regularly scheduled Eureka Springs City Council meeting to order Tuesday, January 9,1996, at 9:06 a.m.

Before the meeting went any further, the Mayor announced that Freeman’s Waste Management would follow their usual schedule for Tuesdays in the areas that were accessible.

PRESENT:

Mayor Barbara A. O’Harris, Aldermen David Jeffrey, Sheila Seratt, Jan

Watson, Bill Earngey, Bill Rubley and Chris Riker.

ALSO PRESENT:

Charles Fargo, Lisa Liggett, Kirby Murray, Attorney Lewis Epley, Bruce

Cully, Rosemary Zieroth, Paula Stitz, Sonny Mosley, City Attorney Jay

Miner, Administrative AssistantJim Walden, and Clerk Lee.

Mr. Walden led us in the pledge of allegiance.

Mr. Walden said that Mr. Graebner will not be here to give his report. He is stranded in Washington, D.C., because of the weather. Discussion followed about whether to go ahead with the Transit Budget. Mr. Fargo said that he would rather have Mr. Graebner’s input before lie brought the council the budget. Alderman Earngey made the motion to postpone #1 under New Business until January 16, 1996. Mr. Jeffrey seconded. All were in favor, 6/0/0.

Alderman Jeffrey made the motion that the Council have a special meeting on January 16th at 7 p.m. to cover Mr. Graebner’s report and the Transit budget and after that meeting have the regularly scheduled agenda-setting meeting. Alderman Rubley seconded. All were in favor, 6/0/0.

APPROVAL OF AGENDA:

Alderman Earngey made the motion to approve the agenda as follows:

Postpone #1, move #1 and #2 under Old Business to #1 and #2 under New

Business, Move #2 Transit’s Drug and Alcohol Testing Program under new

business to #5, move #5 to #6 and add #7, Funding and lease agreement,

Recycling. Alderman Watson seconded. All were in favor, 6/0/0.

APPROVAL OF MINUTES:

Alderman Seratt made the motion to approve the minutes of the City

Council Meeting held November 14th, 1995. Alderman Watson seconded.

All were in favor, 6/0/0.

Alderman Seratt made the motion to approve the minutes of the Special Council Meeting of November 21, 1995. Alderman Watson seconded. All were in favor, 6/0/0.

Alderman Seratt made the motion to approve the minutes of the city Council Meeting held November 28, 1995. Alderman Watson seconded. Alderman Jeffrey corrected on page 5, the vote on the third paragraph from the bottom from 6/0/0 to 0/6/0. Alderman Watson made the motion that the amended minutes of November 28th be approved. Alderman Seratt seconded. All were in favor, 6/0/0.

Alderman Seratt made the motion to approve the Special Council Meeting Minutes from December 1, 1995. Alderman Watson seconded. All were-in favor, 6/0/0.

Alderman Seratt made the motion to approve the Council Meeting Minutes from December 12, 1995. Alderman Watson seconded. Alderman Jeffrey made a correction on page 6, under Old Business #1; he asked that the second word “standards” be changed to “qualifications.” Alderman Rubley made a correction at the bottom of page 4, the address of the new building for the Police Department is 26 Van Buren. Also Alderman

Jeffrey made one more correction on page 6, under personnel #1, where it should have said “Alderman Earngey made the motion to approve” and not “voted to approve.” Alderman Watson made the motion to approve the minutes of December 12th as amended. Alderman Earngey seconded. All were in favor, 6/0/0.

Organization of the City Council for 1996:

State Statutes say that the City Council will organize itself during the first meeting of the year.

Mayor O’Harris commented that the Council has agenda-setting meetings for discussion; and in looking back, she can see that then the discussion starts all over at the council meetings. She suggested that perhaps if the council only had one agenda-setting meeting a month the council would be less apt to do this.

Mr. Earngey said we should be more economical in our discussions.

Mr. Rubley said he would like to see Old Business come first on the agenda. If a discussion gets tabled, it is old business; it takes so long to get things done.

The Council discussed the pros and cons of changing the times and days. Alderman Earngey made the motion that the Agenda-Setting Meetings and the City Council Meetings all be held on Tuesday at 6 p.m. Alderman Riker seconded. After more discussion, the council voted 1/4/1. Alderman Earngey abstained; and Alderman Riker voted yes; and the rest voted no.

Alderman Rubley made the motion to leave them as they are, that is, the

Agenda-Setting meetings are held on the first and third Tuesday evenings

at 7 p.m. and the Council Meetings are held on the second and fourth

Tuesdays at 9 am. Alderman Watson seconded. All were in favor, 6/0/0.

Alderman Seratt made the motion to adopt Roberts Rules of Order for the year 1996. Alderman Rubley seconded. All were in favor, 6/0/0.

Mr. Earngey made the motion that the Agenda-Setting Meetings be the discussion meetings with public participation and the Council Meetings be the voting meetings, with limited public participation.

Alderman Rubley seconded. All were in favor, 6/0/0.

Alderman Earngey made a motion to direct Mr. Miner to draft an ordinance to change the order of New Business and Old Business around. Alderman Watson seconded. All were in favor, 6/0/0.

Alderman Earngey made the motion that Mr. Miner,to accommodate his court schedule, be moved to the end of the agenda. Alderman Watson seconded. All were in favor, 6/0/0.

NEW BUSINESS:

1. Resolution #426, Leasing Certain Alleys and a Portion of Glenn Avenue in Exchange for a Utility Easement, Sherwood Court Property, Mr. Epley. Attorney Lewis Epley explained that the Nicklesons who now own Sherwood Court would like to have the 99-year lease renewed on Glenn Avenue which goes through their property, in exchange for giving the city a utility easement through their property. The Council’s main concern was that at some future time the owners of the property would have to go through the same procedure. It was suggested that the Council vote to pass Resolution#426 at this time and that Mr. Epley file a petition to vacate and the City would consider vacating the land to the Nicklesons, which has been duly paid for in the original Resolution #400. That way the utility work can go ahead; and the Nicklesons stiU have the land. Alderman Rubley made the motion to read Resolution #426. Alderman Riker seconded. All were in favor, 6/0/0.

Mr. Walden read Resolution #426.

Alderman Jeffrey made the motion to approve. Alderman Earngey seconded. All were in favor 6/0/0. Mr. Epley thanked the Council on behalf of the Nicklesons and said he would begin proceedings to vacate the property.

Alderman Jeffrey made the motion to set the Public Hearing for the

Vacation of the Property described in Resolution #426 at the Council

Meeting to be held on February 13th, 1996, at 9a.m. Alderman Rubley

seconded. All were in favor, 6/0/0.

2. Ordinance #1687, Vacating a Portion of Douglas Street, Mr. Epley:

Alderman Seratt made the motion to place Ordinance #1687 on its first

reading in its entirety. Alderman Jeffrey seconded. All were in favor,

6/0/0.

Mr. Walden read the ordinance in its entirety.

Alderman Watson asked to be excused.

Alderman Seratt made the motion to approve. Alderman Earngey seconded.

All were in favor, 5/0/0.

Alderman Watson returned.

Alderman Seratt made the motion to suspend the rules and place Ordinance

#1687 on its second reading by title only. Alderman Riker seconded. All

were in favor, 6/0/0.

Mr. Walden read the ordinance by title only.

Alderman Seratt made the motion to approve. Alderman Watson seconded.

All were in favor, 6/0/0.

Alderman Seratt made the motion to further suspend the rules and place

Ordinance #1687 on its third and final reading by title only. Alderman

Watson seconded. All were in favor, 6/0/0.

Mr. Walden read the ordinance by title only.

Alderman Seratt made the motion to approve. Alderman Watson seconded.

All were in favor, 6/0/0.

Alderman Rubley requested a seven-minute recess. All were in favor,

6/0/0. The meeting recessed at 10:30 a.m. and reconvened at 10:37 a.m.

3. Transit Department Drug and Alcohol Testing Program, Mr. Fargo:

Mr. Fargo presented the Transit Department Drug and Alcohol Testing Program Policy for the Council’s approval. The policy will change as time goes along; but as it stands right now, the State has approved it. Mr. Walden said that an ordinance was not prepared. Most of the employees that will fall under this policy are seasonal so it makes this situation unusual. He suggested that a signature page be added to the policy and each time that there is an amendment, it will be approved by the Council. Alderman Seratt made the motion to approve the Eureka Springs Transit Authority Drug and Alcohol Abuse policy as submitted. Alderman Watson seconded. All were in favor, 6/0/0.

4. Placement of City Limits Sign, Passion Play Road:

Mr. Walden presented a map to show the area under discussion. The City is continuing to survey the City to establish the City Limits. On Statue Road, there is no sign showing where the City Limits stops and starts. Discussion followed as to what the policy should be and where the sign should be. Mr. Walden said that there was no need to have a long discussion at this time, but that the Council needs to think about setting a policy because there are several areas which have the same situation.

5. Funding and Lease Agreements, Recycling:

This subject was on the agenda for Green Forest, Berryville, and Eureka Springs for our agenda-setting meeting, January 3rd, 1996. Everyone got snowed out last week. Mr. Walden explained the Funding Agreement and the Lease Agreement which has been worked on and presented to each of the larger towns in Carroll County. He said that the City spent $342,143. of Capital Funds to build and equip the Recycling Center. The original plan was that it would be built at Berryville, which would have been more centrally located. Eureka Springs didn’t see it happening anytime soon, so they went ahead and built one here. The City got a grant of $121,000. to help build the Recycling Center. The County Solid-Wastes Authority got a grant of $106,900. to use to pay Eureka Spring back for the building. Then each town in the county will pay a percentage of the $114,243. that has not been covered by grant money. In this manner, Eureka Springs will be reimbursed

for the money spent building the Recycling Center. Each city will also pay the same percentage for the cost of running and maintaining the center. The Funding Lease is an agreement among the Members of the Solid-Wastes Authority to pay their share; and the Lease is between the

Authority and the City of Eureka Springs. There was a long discussion and some opposition to the figures used to decide Eureka Springs’ percentage. Mr. Walden told the Council that he had a resolution drawn up that would direct the Mayor to sign the lease.

Mr. Walden asked to be excused.

Alderman Seratt made the motion to recess for five minutes. Alderman•

Rubley seconded, and all were in favor, 6/0/0. The meeting recessed at

12:23 p.m. and reconvened at 12:30 p.m.

Alderman Watson made the motion to accept the Funding Agreement and the Lease Agreement. Alderman Seratt seconded.

Alderman Earngey made the motion to amend the Funding agreement, on paragraph 7, where we deleted operations and added management. Alderman Rubley seconded. All in favor, 6/0/0.

Alderman Earngey made the motion to amend the Funding Agreement

paragraph 4, population basis Eureka Springs be reduced from 6831 to

5961 and unincorporated county be increased by that amount. Alderman

Watson seconded.

Alderman Watson withdrew her motion.

Alderman Seratt made the motion to approve the lease agreement.

Alderman Watson seconded. After some discussion, the roll call vote was

6/0/0. The lease agreement was passed unanimously.

Alderman Earngey made the motion to approve the funding agreement.

Alderman Watson seconded.

Alderman Earngey made the motion to amend paragraph seven, to read the

facility will be under the control and authority of the City of Eureka

Springs Providing the day-to-day management. Alderman Rubley seconded.

A long discussion followed on the wording of the lease.

Mr. Earngey withdrew his motion. Alderman Watson and Alderman Jeffrey will serve on a committee to work on wording for the funding agreement.

OLD BUSINESS:

1. Report, Sign Ordinance Enforcement, Mr. Miner:

Mr. Miner reports that he believes that the conditional use occupation license will take care of the problem. The changes in the ordinance make it easier to enforce.

2. Report, Howell St. Wall, Mr. Miner:

Mr. Miner reports that Mr. Clark was going to get back with him after he had spoken to his client. To date he has not done so.

3. Sewer Line, Highway 23 South, School District’s request:

Mr. Miner reports that he will be meeting with them this week.

4. Report, Administrative Assistant, Mayor O’Harris:

Mayor O’Harris reports that she and Jim Walden have reviewed all of the applications, scheduled another set of telephone interviews, and will set up appointments with four people.

5. Ordinance #1685, City Collection of CAPC taxes, (Postponed from

12/12):

Alderman Rubley made the motion to .postpone it until January 23rd, 1996.

Alderman Earngey seconded. All were in favor, 6/0/0.

Alderman Rubley asked that the Council take some kind of definitive action in deciding the future of the Howell St. Wall. We are caught up in legal issues it is a visual problem and it seems that some of the stone has disappeared. He asked that Mr. Minor be present at the agenda-setting meeting and address this issue.

Alderman Earngey and Alderman Seratt left at 1 p.m..

Alderman Rubley made the motion to adjourn. Alderman Riker seconded. All were in favor, 4/0/0. The meeting was adjourned at 1:10 p.m.

ATTEST: