CITY
OF EUREKA SPRINGS
April 23,1996
Mayor Barbara A.
O’Harris called the regularly scheduled meeting to order on Tuesday, April 23
,1996, at 9 a.m.
PRESENT: Mayor O’Harris,
Aldermen Seratt, Jeffrey, Watson, Earngey and Rubley. Alderman Riker was
absent.
ALSO PRESENT: Rick and
Janet Freeman, Dick Howell, Lewis Epley, David
McNeal, Kirby Murray,
Eric Torgerson, Donna Spitler, Kim Dickens, Richard
Gustin, Darrell
Bohannon, Bob McCall, Dan Runge, Carol Rasor, Raymond
Rasor, Grant Freeman,
Jay Miner, Don Young, and Clerk Lee.
APPROVAL OF AGENDA:
The agenda was adjusted
to put the City’s Tree City Award and Presentation first under old business.
Then, number 2 under new business, the request to vacate a portion of Peebles
Alley, was placed second, under old business.
Alderman Rubley made the
motion to approve the agenda as amended. Alderman Watson seconded. The vote was
in favor, 5/0/0.
APPROVAL OF MINUTES:
The minutes were not
available to be approved due to the clerk’s illness.
They will be ready for
approval on May 14th.
NEW BUSINESS:
1. Tree City Award,
Forestry Department:
The Arkansas Forestry
Service representatives from Carroll County, Richard Gustin, Bob McCall, and
Darrell Bohannon presented the City of Eureka Springs and the City Clerk with a
Tree City USA Flag, pin and leaf for the thirteenth consecutive year as a Tree
City. Each year a report is sent in at the end of November, along with
newspaper clippings and reports about what is done during the year. Anita
Barner Towry was instrumental in getting the City started in this worthy
project.
2. Request to vacate
Peebles Alley, set a Public Hearing date for 5-14-96:
Alderman Watson made the
motion to set the public hearing date for 5-14
-96 at 9 a.m. Alderman
Jeffrey seconded.
Alderman Earngey read a
letter from the Parks & Recreation Commission requesting that a public hearing
not be sot and that the portion of Peebles Alley not be vacated. However, the
Council did vote unanimously to set the hearing, 5/0/0.
3. Sewer Line Easements,
Highway 23 South, Mr. Miner: Two of the easements are signed and in. The other
one is due any day.
4. Howell St. Wall, Mr.
Miner:
Alderman Seratt said
that the committee met on Friday at 1 p.m. She said that the meeting went very well.
Mr. Dick Howell looked at the wall, free of charge, and ho had a proposal for
rebuilding the wall. Mr. Howell has been in the construction business as a
contractor for 45 years, and, for the past 17 years, was a construction loan
inspector for the two largest banks in Louisiana. He also was a third-party
negotiator for many years.
Mr. Howell said that the
committee named as their objective a good wall to satisfy the City and owner at
the lowest possible cost.
Mr. Howell took the
original plan from May of 1995 and redid it. He dropped the wall height by 4 to
5 feet, and dropped the height of the proposed ground level by 4 to 5 feet. He
used a different type of re-enforced earth, and reduced the amount of top soil
that would be applied to the top. He changed the geo-grid anchor to a coated
rebar anchor, and reduced the junction box size, for the catch-basin which is
needed because of the amount of water that runs down the hill from Kansas
Street. There has to be a concrete
swale ditch to catch the runoff. The Estimated construction time would be 90 to
105 calendar days.
CITY OF EUREKA SPRINGS
COUNCIL MEETING MINUTES
April 23,1996
Alderman Earngey said that the HDC
would have to approve it. Mr. Miner said the City would need written permission
to go on the property. Mr. Howell said that some of the stone is gone and
nobody can really know how much. That could add to the cost of re-building the
wall, but it would depend on how much is gone. The overall height of the wall
would be 4 to 5 feet less than it was before. Looking at the wall, one would
not be able to tell that the wall had been rebuilt. He said that the cost would
be less than 50% of the price that was quoted, which was approximately $73,000.
Alderman Jeffrey said that the new section should tie into the old wall but not
use it for support.
Alderman Seratt said that the
treated rebar would be coated in asphalt which would keep it from rusting and
breaking down. Alderman Earngey said that the large equipment involved could
cause a few trees to come down.
The question was posed whether the
City should file a mechanics lien. Mr. Miner said you have 120 days to file
suit and one year to bring suit. The kind of lien that the City would file
doesn’t have those kinds of restrictions.
Mr. Murray said that at this time
the property owner has not been billed for half of the cost of taking down the
wall, because there may need to be a small portion that has to come down yet.
A concern was raised that the other
portion of the wall may in the future have the same problem. The consensus was
to vacate the wall to the property owner. Alderman Jeffrey asked if Mr. Miner
would do what is necessary to vacate the City’s interest in the wall to the
property owner.
The Council decide that Mr. Howell
and Mr. Murray should draw up specs to show to the HDC.
5. Ordinance #1694, Amendments to the Parking
Ordinance, third reading:
Alderman Watson made the motion to
place Ordinance #1694 on its third reading by title only. Alderman Seratt
seconded. The vote was 4/1/0, with Mr. Rubley voting no.
Mr. Young read the ordinance by
title only.
Alderman Jeffrey made the motion to
approve. Alderman Seratt seconded. Alderman Earngey asked that the subject of
raising the parking fines be addressed at the agenda-setting meeting on May
7th. Paula addressed the issue by saying that if the Council wishes to change
the tickets, it takes a while to get them printed. If a person continues to
park in the same place they may receive more than one ticket. At some point in
time the car can be towed. The decision is made according to whether the
vehicle is causing a dangerous problem, and also if the driver is a repeat
offender. Alderman Rubley said that the City needs to make it very clear about
when people need to pay and how much. The vote was 4/1/0, with Alderman Rubley
casting the negative vote.
6. Lease
Agreement, 46 Van Buren:
Mr. Young
said that Mr. McClung said that he had given all the information to his
attorney and he would like to be on the agenda for the May 7th agenda-setting
meeting.
7. Proposed
Ordinance, Planer Hill Sidewalk, Mr. Murray:
Mr. Murray
said the discussion at the agenda-setting meeting was to advertise for bids now
and push on through the summer, or wait until winter. The best the City could
hope for if we notified the engineers to advertise for bids would be the end of
May. It might be the middle of June before they could get started. If it is a six
month maximum, it would take us into November, which could be freezing time. He
suggested that the bid go out with a 90 day bid, and a 6 month bid, Alderman
Watson made the motion that the City put the sidewalk out to bid for a 90 day
time schedule and a 6 month time schedule.
Alderman Rubley seconded. The
vote was 5/0/0.
CITY OF EUREKA SPRINGS
COUNCIL MEETING MINUTES
April 23, 1 1996
Mr. Young read the ordinance in its entirety.
Alderman Seratt made the motion to approve. Alderman Earngey seconded.
Mrs. Dickens was asked if this is a repair or a new roof. She said that it is a
new roof over the Auditorium Chamber. The flashing has to be repaired. It is a
new material, which is two layer modified filament. It has a twelve year labor
and material warranty and the roof should perform for 20-25 years. The material
is a rubberized sheet in rolls that will take the dramatic thermal plunges that
Eureka Springs suffers.
Alderman Earngey asked why the Commission wants to use this company,
which is Industrial Roof Service. Alderman Seratt asked how many roofing
companies are available that are good and are bonded. Donna Spitler said that
this company has all of the requirements, bonding, and workman’s compensation.
They are out of Little Rock and they are the people who did the stage house
part of the roof in 1991, and they did do a good job on that part of the roof.
The vote on the first reading was 4/1/0, with Alderman Rubley casting
the no vote.
Alderman Seratt made the motion to suspend the rules and place Ordinance
#1701 on its second reading by title only. Alderman Earngey seconded. The vote
was 4/1/0: Alderman Rubley cast the negative vote.
Mr. Young read the ordinance by title only.
Alderman Seratt made the motion to approve. Alderman Earngey seconded.
At this time Alderman Rubley asked that the council to direct the commission to
get at least two more estimates before passing this ordinance. Mrs. Dickens
said that there is a hole. The leak has destroyed ceiling tiles and ruined a
good portion of the fire prevention system. The vote was 4/1/0, with Alderman
Rubley casting the negative vote.
Alderman Seratt made the motion to further suspend the rules and place
Ordinance #1701 on its third reading by title only. Alderman Jeffrey seconded.
The vote was 4/1/0, with Alderman Rubley casting the negative vote.
Mr. Young read the ordinance by title only.
Alderman Seratt made the motion to approve. Alderman Earngey seconded.
The vote was 4/1/0, with Alderman Rubley casting the negative vote.
Alderman Earngey made the motion to read the emergency clause. Alderman
Seratt seconded. The vote was 4/1/0, with Alderman Rubley voting no. Mr. Young
read the emergency clause.
At that time Kimberly Dickens asked that the Auditorium Commission be
allowed to have two more commissioners. By law, they can. The reason is that
they are looking for people with experience and expertise in fund raising. The
Council said it sounded like good reasoning and to go ahead and draw up the
ordinance.
Mrs. Dickens asked that the City waive the fees to do the work on the
Auditorium building because it is a City owned building. Mr. Hawkins is
researching waiving the fees.
At this time, Mayor O’Harris recognized that David McNeal will be
covering the western district for the Times Echo, and Grant Freeman from the
new newspaper, the Eureka Springs Chronicle.
CITY OF EUREKA SPRINGS
COUNCIL MEETING MINUTES
April 23 , 1 996
Eureka Springs Board of Education,
Request to Waive Sewer Capacity Fees, Mr. Al Larson:
The Board of Education is requesting
that the City waive the $20,000 plus capacity tee.
Alderman Jeffrey said that he
doesn't have any problem that the City is helping to put in the sewer lines at
about $59,000, and that the City waived the fees for building permits, which
wore extensive. He said that this is a different type of fee. This tee was to
be put into a special fund for expanding and updating the waste-water treatment
plant. He feels that any entity adding capacity, even if it were the City
itself, should pay the fees.
Alderman Rubley said he felt it was
wrong to waive it for another reason. Only the residents of Eureka
Springs will be bearing the cost of expanding the waste-water treatment plant.
Seventy five per cent of the students of that school are children from outside
the City.
Alderman Earngey said that he feels
that the City has contributed upwards of $80,000 toward helping the new middle
school, and he would hope that the county would be as generous with Eureka
Springs.
The Council voted unanimously not to
waive the fees, 0/5/0.
Mayor O’Harris thanked Mr. Larson
for all the work and time he has put into this. Mr. Larson said that the School
Board does appreciate the concessions that the City has made.
4. Recycling
Center:
Mr. Cully requested that an employee be allowed to take the
amount of vacation that was accrued, oven though he has not worked for the City
for a year. Mr. Cully had already okayed this person's vacation, and he was on
it at the time of this meeting. He said that the personnel handbook read at
time service begins. He did not ask for time that the person had accrued since
starting work. He asked that the person could take the vacation time that had
been accrued since he was approved by the Council, before his full year is up.
Since he was hired, he had worked 40 hours per week. Because a year was accrued
since the employee worked as a temporary employee and then was approved as a
regular employee, at 40 hours a week, the Council felt that he had met the
qualifications of the employee handbook.
Alderman Watson made the motion to go ahead and okay this
since this person did work full time on a temporary basis, she felt it was only
fair for vacation and sick leave only. She named Guy York as the employee.
Alderman Jeffrey seconded. Alderman Rubley said that these kinds of issues come
up quite often and that the Department Heads have to sit through meetings to
negotiate vacations for their employees. He said that the City should have a
good consistent lenient personnel policy, so that every person who works for
the City knows what the rules are. Mr. Young stated that he was in the process
of cleaning up the wordage in the personnel handbook so that that is what we
will have.
Mr. Cully said he is not asking
for the person in question to have his full vacation time early, he is asking
that the person only be allowed to take what is accrued, and take it early. He
suggested that the City okay Mr. York’s vacation but he felt that it was
premature to make a motion because it would make it City wide. Alderman Watson
withdrew her motion, and Alderman Jeffrey withdrew his second. Alderman Rubley
then discussed making the motion that the Council allow Bruce Cully to use his
discretion to let this person take his vacation time. The Council decided that
there was no need for a vote. The person has fulfilled the requirements needed
to have this vacation at this time. Mr. Young is working on the personnel
handbook and will clean up the wording and the situation shouldn’t occur again.
The next situation Mr. Gully
brought up was that two people who were eligible for raises last year did not
get them. The Council voted raises for
anyone who was employed before July 1st, instead of January 1st,
as they had done in other years, and he didn’t catch it. These two people were
eligible and did not get their raises.
He is asking that they be given the
CITY OF EUREKA SPRINGS
COUNCIL MEETING MINUTES
April 23, 1996
money that they have coming to them. Alderman Earngey said that if these
people fall into the right criteria, (hey should just get the pay. The Council referred Mr. CulIy to the
City Accountant to straighten out the problem.
The Council said that
if Mr. Cully wants the van used by Administration, let him have it. Alderman
Rubley made the motion that if Mr. Gully wanted the van, let him have it. Mr.
Don Matt said that the Council needs to be aware that because of the changes at
recycling, the Administrative Department should have control over it, but Bruce
should use it. That way the City will be sure to keep the record clear. Mr.
Beauchamps is in favor of this decision. Nothing was mentioned about who would
be responsible for upkeep, etc.
5. Trolley Signs,
approval of rate for advertisement and sign materials--Alderman Watson:
The rate Alderman
Watson mentioned was $200 for the small signs and $300 to $325 per year for the
large ones. Alderman Seratt made the motion to approve the rates. Alderman
Watson seconded. Alderman Watson said the cost would be absorbed by the rents
and it would not cost the City or the Transit Department any money, ultimately.
Also, she presented the signs, the colors they planned to use and the
materials. The council unanimously approved the rates, 5/0/0, and said that
they did not want to micro-manage the department. The signs are up to them.
6. Set a Public
Hearing for Franchise Application from Raymond Rasor for Moped Franchise:
Raymond Rasor asked
that his public hearing not be set at this time because he does not have a
location, and he asked the Council to hold his application. He said that should
Carol Rasors application be successful he would not even look for a location.
7. Set a Public
Hearing for Franchise Application from Carol Rasor for
Moped Franchise:
The Public Hearing
was set for May 14th at noon.
The Mayor announced
that the City had not received a release on the boil order that was announced
last week, on Echols, Council, Berryville, Copper, Hale, and Steele Streets.
Alderman Earngey said
that there was a slight glitch on the application for animal-drawn vehicle to
provide rides. He said that the horses’ -. veterinary certificates were done
by a Missouri vet and not by an Arkansas veterinarian. Arkansas is rather
strict on that. He said that he had told Mr. Lewis Epley to relay the message
to Mr. Alan Epley, who is representing the people who applied.
8. Freeman Waste
Management. Request for Rate Adjustment, Freeman:
There was a long
discussion. Alderman Earngey said that looking at the figures, the residential
rate for Eureka Springs looks like it is about maxed out. Mr. Gully said that
he would like to see the commercial pick up a little more of the tab. The more
a business puts out the more money they are making. The more a residence puts
out the more they are spending.
Janet Freeman said
that Eureka Springs provides more services to the residents. They provide
cardboard collection by appointment to the resident, they provide cardboard
collection to the businesses and glass collection. She said that Eureka Springs
has a more extensive recycling program than other places and the prices should
reflect the cost of collection, whether it is residential or commercial. It is
more costly to add more recycling services than it is to add more solid waste
services. She said that Eureka Springs does a fantastic job here, and Freeman
provides much more comprehensive services than any other area. The city does
composting, residential curbside pick up on yard waste. That is not offered in
any of the other areas around us.
CITY OF EUREKA SPRINGS
COUNCIL
MEETING MINUTES
April 23,1996
Mrs. Freeman said that we must understand that what we are talking about
here is a rate increase for the hauling costs. Eureka has very low hauling
cost, compared to say Berryville, who has more hauling costs, and no extra
services.
What they are asking for is a 12% increase in residential and commercial
rates across the board.
Alderman Earngey said that City might have made an error in accepting a
five year contract, because it is really difficult to project increases for a
five year period. The Freeman’s did not include in inflation rate in their bid.
He feels that the rates are the third highest in the surrounding area,
everything considered.
The contract with Freeman Waste Management reads on page 18 under #3,
that they have the right to petition the City during the evaluation process for
rate adjustments on the basis of unusual changes in costs of operation. Mrs.
Freeman said that she would like to re-emphasize that the rate that Eureka pays
is higher, but it is not due to the hauling costs. It is due to the other
services provided. The hauling costs are lower than other haulers. Freeman’s
pays an 8% franchise foe. They pay a diversion credit fee. None of the other
haulers pay that.
Alderman Earngey made the motion that the Council approve an 8% rate
increase for Freemah Waste Management, and that increase would be applied only
to commercial rates. Alderman Seratt seconded. Alderman Jeffrey said he would
like to see something go on the residential section. He wouldn’t like to see
any of the other services ,suspended. Alderman Rubley asked Alderman Earngey to
substantiate the 8% amount. Alderman Earngoy said it was based on his and
Alderman Jeffreys discussion of the inflation rate and it is a compounded
inflation rate. By roll call vote, the vote was 4/1/0, with Alderman Rubley
casting the negative vote.
DEPARTMENT REPORTS:
1.Administration
Department:
Alderman Seratt made the motion to approve and Alderman Jeffrey seconded
Tonya Mitchell’s hiring before she was even presented. Alderman Earngey
presented Tonya Mitchell to be hired, effective date 4-23-96 at the wage of
$6.00. He asked that her benefits be retro-active. Alderman Seratt and Jeffrey
withdrew their motion to approve and second, respectively. Alderman Earngey
with drew his motion, because the amount of bookkeeping for retro-active hiring
is too much and the Council had been asked not to approve anything
retro-active.
Alderman Earngey made the motion to hire Tonya Mitchell as a regular
employee as receptionist and water clerk, at the current rate of pay of $6 per
hour, effective date 4-23-96.
Alderman Seratt made the motion to approve. Alderman Watson seconded.
All were in tavor, 5/0/0.
Mayor O’Harris reminded the Council of the Municipal League Convention
in Little Rock, and for them to please let Mr. Young know if they were going.
Alderman Rubley made the motion to adjourn. Alderman Seratt seconded.
The meeting was adjourned at 12:16 p.m.