TUESDAY, May 14,1996
Mayor Barbara O’Harris
cal!ed the regularly scheduled meeting to order at
9:40 a.m. on Tuesday,
May 14, 1996. The Council Meeting followed a
Public Hearing on the
Petition to Vacate a Portion of Peebles Alley.
The meeting began when a
quorum was present.
While she was waiting
for a quorum, Mayor O’Harris read the Proclamation for Stand for Children Day,
June 1st, 1996.
She announced that the
George Whittenberg Vision Plan would be presented on May 16th, 1996 at 6 p.m.
and that it would be aired on Channel 31 TV.
The zoning ordinance
workshop that was to be held at 7 p.m. on May 14th was cancelled.
A Public Hearing will be
held at noon on a request for moped franchise.
The Mayor announced that
Mr. Earngeys wife is very ill. They are contemplating leaving the area.
PRESENT:
Mayor Barbara A.
O’Harris, Aldermen Jeffrey, Seratt, Earngey, and Watson.
Aldermen Rubley and
Riker were absent.
ALSO PRESENT: Grant
Freeman, David McNeal, Alan Epley, Gene Ray, Ron Morrison, Mr. Don Young, Mr.
Jay Minor, and Clerk Lee.
PLEDGE OF ALLEGIANCE:
Alderman Jeffrey led in
the Pledge of Allegiance.
A special council
meeting will be held on May 21st, before the regularly scheduled agenda-setting
meeting, to consider the bids for the street program and equipment. Also, the
Ordinance for the re-routing of Peebles Alley will be on that agenda.
APPROVAL OF AGENDA:
The Mayor said she had
already read the proclamation for Stand For
Children Day. The motion
was made and seconded to amend the agenda. The motion was made and seconded to
approve the agenda as it was amended. All were in favor, 4/0/0.
APPROVAL OF MINUTES:
April 9,1996: Alderman
Jeffrey pointed out that Alderman Rubley voted no at the top of page 4. There
was some confusion about that section and the clerk said she would listen to
the tape and straighten it out. Alderman Watson made the motion to approve the
minutes as amended. Alderman Jeffrey seconded. All were in favor, 4/0/0.
April 23, 1996: Alderman
Jeffrey pointed out that on page two, the word swell should be swale. On page
8, in Alderman Watson’s motion, it should say “he worked full time on a
temporary basis”.
Alderman Seratt made the
motion to approve as amended. Alderman Watson seconded. All were in favor,
4/0/0.
OLD BUSINESS:
1. Howell St. Wall, Authority to advertise
For bids- Howell Street
Committee:
Alderman Seratt made the
motion to approve advertising for bids.
Alderman Watson
seconded.
Mr. Howell had presented
the bid specs and Alderman Jeffrey said it was a
good job.
The vote, by roll call,
was 4/0/0.
2. The request to vacate
Peebles Alley is on hold for the Special Council meeting on May 21, 1996. New paperwork will be drawn up to reflect
the changes brought about by the Public Hearing.
EUREKA SPRINGS CITY COUNCIL MEETING
TUESDAY, May 14,1996
3.
Approval to purchase two Trams for the Transit Department, Alderman Watson,
(Voted to purchase the trams November 14, 1995). Ordinance #1704 , an ordinance
waiving competitive bidding for the purchase of two Tramstar vehicles for the
Transit Department:
Alderman
Jeffrey made the motion to place Ordinance #1704 on its first reading in its
entirety. Alderman Watson seconded. All were in favor, 4/0/0.
Mr. Young
read the ordinance in its entirety.
Alderman
Seratt made the motion to approve. Alderman Jeffrey seconded.
Mr. Ron
Morrison, the chairman of the Tourism Advisory Committee, spoke to reaffirm the
committee’s recommendation that the City buy two trams this year, and also, two
for 1997. it is a step in implementing the solution to the large vehicle
problem in Eureka Springs. The only concern that has been expressed is how well
the trams function in inclement weather. The trams have side curtains for rainy
days and bad weather. Even if all else doesn’t work, the City really needs
alternative fuel trams. Also, the fact that the trams are painted to look like
the trolleys is a great help with some of the people who didn’t want the
“Disneyland Look’.
Alderman
Jeffrey said that with the presentations from Specialties Vehicles and
ChanceMotor Coach, that the bidding process has been followed.
Specialties
sent a person to give a presentation for their company to the Tourism Advisory
Committee, the Council and anyone else who cared to attend. Chance made a
presentation at the same meeting and they brought a tram to Eureka Springs and
the Tourism Advisory Committee, and the Mayor, Council, Administrative
Assistant, and Clerk were invited to ride, along with anyone else the tram had
room for.
Mr. Fargo
explained that now there is what is called a negotiated bid. Companies come to
you and make a presentation of their product. It is fair and legal to do it
this way. One company brought the tram to us so that we could ride it and see
it. The other company brought pictures and gave a presentation. The
presentations were at the same meeting as mentioned above.
It was
found that Chance Motor Coach is only the company that could detail the trams
to look as much like the trolleys as possible. It is definitely a quality
vehicle, and it will be made to the specifications for our unique terrain.
Mr. Fargo
said that we will get a small break on the price because we are willing to
order two trams. A rate increase in the cost of the tram will become effective
in June of 1996.
Alderman
Earngey said that it would be good to be able to order the two trams for 1997
at this time. He said that it really behooves the Council to commit to purchase
the two trams for 1997. He said that the trams are a compromise that has been
reached after hours and weeks of work and discussion. Nobody is completely
happy with the solutions, and that means it is a true compromise. The ultimate
objective has been to get the large vehicles off of the loop and replace them
with alternative transportation.
The
Council cannot spend money for 1997 at this time. There will be a new council
next year. This an election year. The Council said they need to start working
on the budget at an earlier time, perhaps starting in August. The Council said
that it is taking so much longer The Mayor said that it is the consensus of the Council to buy two more trams, even
though the Council can’t commit to buy at this time.
Mr. Fargo
said that the tours for bus groups with step on guides should be good for the
Transit Department. The price being
discussed is $3.00 with half of it going to the Transit Department, and half
going to the guides. It could be a big
help in paying for the trams. The City needs to make the
EUREKA SPRINGS CITY COUNCIL MEETING
TUESDAY, May 14,1996
commitment,
however, because those tours will be booked in advance and they need to be sure
that the trarns will be available when they need them. Also, with a step on
guide on the tram, that is one less person the City has to pay. Right now, the
City pays the driver and one other person for each tram. Mr. Miner asked if
this would help the deficit spending problem. Mr. Fargo said that usually the
Transit Department doesn’t get any of the money for tours. With this system,
the Transit Department would be getting half of the revenue from the step on
guides. -These are planned tours, but Mr. Morrison said that the City may
even-be able to plan individual tours in the down times, when there are not a
lot of tours scheduled.
Alderman
Jeffrey asked if the Transit Department has an estimate of the freight for
delivery. Alderman Watson said it is $845 for both. The estimated total
would be $275,832.
Mayor
O’Harris said that everyone has had a hand in making these decisions, and they
need to be done now. Large vehicle traffic has been an ongoing problem for
several years. Nobody wanted to make the decision to do this, and it has been
inevitable that the decisions had to be made. She thanked all of the people who
have worked so hard, and donated so much of their time.
Alderman
Jeffrey made the motion to amend Ordinance #1704 to insert the following
numbers; in section one, the first blank being $137,916; in the second blank,
$275,832; and in the third blank $845, and also, in the third whereas the comma
should be changed from after “fast” to after “delivery” and to place an “e” in
order, and in the first whereas to add an “r” in transit. Alderman Watson
seconded. The roll was called and all were in favor to amend, 4/0/0.
The
roll call vote on the first reading of amended Ordinance #1704 was in favor,
4/0/0. -
Alderman
Watson made the motion to suspend the rules and place
Ordinance
#1704 on its second reading by title only. Alderman Seratt
seconded.
By roll call, the vote was in favor, 4/0/0.
Mr.
Young read the ordinance by title only.
Alderman
Jeffrey made the motion to approve. Alderman Seratt seconded.
All
were in favor, 4/0/0, by roll call vote.
Alderman
Watson made the motion to further suspend the rules and place
Ordinance
#1704 on its third reading by title only. Alderman Seratt
seconded.
By roll call, the vote was in favor, 4/0/0.
Mr.
Young read the ordinance by title only.
Alderman
Seratt made the motion to approve. Alderman Watson seconded.
The
roll was called and the vote was in favor, 4/0/0.
Alderman
Seratt made the motion to read the emergency clause. Alderman Watson seconded.
Alderman Earngey mentioned that the wording in the emergency clause is not
correct. Mr. Miner said that there really doesn’t need to be an emergency
clause, and to just remove “emergency” and the emergency clause from the
ordinance. It has been read and passed three times. Alderman Seratt and
Alderman Watson withdrew their motion and second respectively.
#4.
Proposed Sidewalk Ordinance #1698, Mr. Murray:
The
Ordinance had its first reading on April 23, 1996. Alderman Seratt made the
motion to suspend the rules and place Ordinance #1698 on its second reading. It
was decided that since the ordinance had been amended, it should be read in its
entirety. Alderman Seratt withdrew her first motion and then made the motion to
place Ordinance #1698 on its second reading in its entirety. Alderman Jeffrey
seconded All were in favor, 4/0/0.
Mr.
Young read the ordinance in its entirety.
Alderman
Earngey said that any variance in replacing a sidewalk had to be approved by
the HDC and by the City Council.
EUREKA SPRINGS CITY COUNCIL MEETING
TUESDAY, May 14,1996
Mr. Kirby
Murray said that it was his understanding that people were intending to phase
out the limestone sidewalks. He likes limestone but it is not being maintained,
and it can be really dangerous. He said that there is a contractor who has
equipment that will grind down the pieces of stone that are sticking up, and
then it will beat dimples into the stone to make it look older.
Alderman Jeffrey
said he didn’t think that both the Council and the HDC should have to pass on
the sidewalks, and that people shouldn’t have to go through a lot of red tape
to fix their sidewalks.
Alderman
Earngey said that he thought that because of the divergent opinions on the
limestone sidewalks, it would be worth the trouble to do it right.
Mr. Murray
said that it would be the duty of the building inspector to enforce the
ordinance.
The roll
was called and Ordinance #1698 was passed on its second reading.
At this
time Alderman Earngey made the motion to amend the agenda to put Item #1, New
Business, as Item #5, Old Business, since Mr. Epley and Mr. Ray were waiting to
be heard. Alderman Seratt seconded. All were in favor, 4/0/0.
5.
Application for Animal-Drawn Vehicle for Hire, Mr. Alan Epley:
Mr. Epley
said that the Arkansas Veterinarian has not returned the reports. He also
requested that Mr. Ray be allowed to add a new item to his franchise. He would
like to be able to go from Mr. Pohi’s parking lot to the trolley depot., The
charge would be $2 per person. He asked that the Council vote on the franchise,
and he would draw up a final copy of the franchise application including the
third route and charge.
Alderman
Seratt made the motion to approve and it was seconded. Alderman Jeffrey asked
that Mr. Epley explain the routes for him, which he did.
The first
motion and second were withdrawn.
Alderman
Earngey made the motion to approve the franchise, contingent on the
certification by Arkansas vets, and the receipt of the Mayor of a clean copy of
the application to include the route from Lee PohI’s parking to the trolley
station and back to Lee PohI’s parking lot via First St. and Main St. for a fee
of $2 per person. Alderman Seratt seconded. The franchise was approved by roll
call, 4/0/0.
6.
Proposed Ordinance, #1699, for Water Fee turn off/on:
Alderman
Jeffrey said that his notes show that the Council needs to revise the wording
of the ordinance to correspond to the State Plumbing Code. Mr. Young said that
he had given everyone a copy of the page in the State Plumbing Code that they
are talking about for review before voting on the ordinance. Alderman Earngey
made the motion to postpone to the May 21st agenda-setting meetings for
discussion and the May 28th, 1996 council meeting. Alderman Jeffrey seconded.
All were in favor, 4/0/0.
7.
Ordinance #1697, Zoning Amendment, Repeal of the Board of Review, third
reading:
Alderman
Seratt made the motion to place Ordinance #1697 on its third and final reading
by title only. Alderman Earngey seconded. All were in favor, 4/0/0.
Mr. Young
read the ordinance.
Alderman
Seratt made the motion to approve. Alderman Watson seconded. All were in favor,
4/0/0.
8. Lease
Agreement, 46 Van Buren, Alderman Seratt:
Alderman
Seratt will have information by the next Council meeting, May 28th.
EUREKA SPRINGS CITY COUNCIL MEETING
TUESDAY, May 14,1996
NEW BUSINESS:
1. Waiver of Construction permit fees, Auditorium
Commission:
Marvin
Hawkins gave the Mayor a letter to the effect that no City entity
has had to
pay a fee for a permit.
Alderman
Watson made the motion to waive the permit fees for the City
Auditorium.
Alderman Earngey seconded. All were in favor, 4/0/0.
2. Ordinance #1702, Amending Chapter 12 of the
City Code, Auditorium
Commisson,
expanding the Commission from 5 to 7 members:
Alderman
Seratt made the motion to place Ordinance #1702 on its first
reading in
its entirety. Alderman Jeffrey seconded. All were in favor,
4/0/0.
Mr. Young
read the ordinance in its entirety.
Alderman
Seratt made the motion to approve. Alderman Watson seconded.
Alderman
Earngey asked why the newest people are on so long. Mr. Miner
said that
the term lengths can be changed before the second reading.
By roll
call, the vote was in favor, 4/0/0.
3. Ordinance #1703, Rescinding Ordinance #1640:
Alderman
Seratt made the motion to place Ordinance #1703 on its first reading by title
only. Alderman Watson seconded. All were in favor, 4/0/0.
Mr. Young
read the ordinance in its entirety.
Alderman
Seratt made the motion to approve. Alderman Watson seconded.
Mr.
Jeffrey explained why the ordinance had been held in abeyance for so long.
First of all, somehow, it had been dropped from the agenda. Secondly, it wasn’t
feasible to implement because most of the areas had problems of one sort or
another, whether they had to park too far from the curb and interfere with
traffic, or whether the area was too narrow. He said it was an impractical
ordinance to implement.
Alderman
Earngey asked the Council to talk again to the committee that drew up the
ordinance, because they worked so hard on the project. Mr. Jeffrey said that he
spoke with Mr. Armellini and Mr. Armellini admitted that they may have erred on
the side of parking.
The roll
was called, and the vote in favor was 4/0/0 on the first reading.
4. Request to close certain streets for the Blues
Festival-Chief Stitz:
Police
Chief, Paula Stitz requested that Spring St. be closed from
Mountain
St. to Center St. It would be done about 7 p.m. on both Friday and
Saturday
nights. People would man the barricades, just like they did last
year. They
will lower the barricades for emergencies.
Alderman
Seratt made the motion to approve. Alderman Watson seconded.
All were
in favor, 4/0/0.
5. Authorization to accept COPS grant, provide tar
funding-Chief Stitz:
The cost
to the City is $17,000 over a period of three years, which is approximately
$5666.67 per year. The Grant is for $52,000. Chief Stitz said she didn’t want
to accept the grant if there was a chance that she might not have enough in her
budget and the City couldn’t help her. The $17,000 is not in her budget. The
motion was made and seconded to approve. Mr. David Beauchamp, Accountant for
the City, said that the department should do it and that it should come out of
her operating capital.
Mr.
Earngey made the motion to delete that part that said provide for funding.
Alderman Watson seconded. Mr. Miner said that if Chief Stitz needed more money
she could always come back and ask for it. The Council voted for the amendment,
4/0/0.
Alderman
Earngey made the motion to approve Chief Stitz’ request as amended. Alderman
Seratt seconded. All were in favor, 4/0/0.
6. Highway
62/Main St.:
Mayor
O’Harris called Mr. Almond. She said
they discussed what was decided at the workshop and agenda-setting meeting,
which was to ask for sidewalks, two streetlights, one at the top of Planner
Hill and one at
EUREKA
SPRINGS CITY COUNCIL MEETING
TUESDAY, May 14,1996 --
the
junction of Highway 62/Highway 23 south, and the three way stop at the corner
by the high school. •Mr. Almond said that they would help us to do what we
wanted to do, but that they will not provide funding for sidewalks and that the
cost of the lights is $100,000. The Mayor told him about asphalt from Harps to
the train station. He said that the highway department would not send anyone to
Eureka Springs until the City was sure what they want.
He said
that the mention of sidewalks went along with the first proposal that was made
and is not considered a separate issue.
Alderman
Earngey said that first the Council has to reach a consensus. Then there needs
to be a public hearing, and then we can go back to the state.
The
subject was moved to the agenda setting meeting on May 21st. Alderman Seratt
said that the Council should address the subject of Councilmen who don’t show
up at meetings. Mr. Miner said that an election is really the only way to deal
with that situation.
ADMINISTRATIVE
ASSISTANT’S REPORT:
Mr. Young
asked what the Council’s pleasure is on the yellow bags. Alderman Seratt said
it was her understanding that they were going to try to rework the system.
Mayor O’Harris said that she had suggested mailing the bags if there was a
check on their water bill, and then they would be charged on the next water
bill.
Alderman
Watson said that changing the system is premature, because we are just now
making the changes at recycling, and we really don’t know what our share of the
costs will be.
Mayor
O’Harris also mentioned that older people can apply for a lesser rate, and the
Solid Waste Advisory Committee is who approves those. The yellow bag system is
in the process of being reviewed at this time.
Mr. Young
said he will be through with the personnel policy handbook sometime next week.
He will put them in the council boxes for review. He would appreciate any leed
back, and the Council may want to have a workshop to discuss it.
Mr. Young
is still researching health benefits to see if they can be improved upon.
Mayor
OHarris said that for being new in the City, Mr. Young has really taken hold
and is doing a good job.
COMMISSION,
COMMITTEE, AND AUTHORITY REPORTS:
1. CAPC:
Alderman Sheila Seratt announced that the CAPC had hired Deborah Witt as their
financial assistant. Mayor OHarris thanked the people who applied and said that
the resumes were very good, and that it was not an easy decision to be made.
2.
HOSPITAL COMMISSION:
Mayor
O’Harris asked the Council to approve James Lehr to be re-appointed to the
Hospital Commission, Position #4. Alderman Earngey made the motion to approve. Alderman
Seratt seconded. AU were in favor, 4/0/0.
3. PARKING
AUTHORITY:
Mayor
O’Harris asked that the Council approve her recommendation for
Position
#4 on the Parking Authority, Barbara Dicks.
Alderman
Seratt made the motion to approve. Alderma.n Watson seconded.
All were
in favor, 4/0/0.
4. PARKS
AND RECREATION COMMISSION:
Mayor
O’Harris asked that Julia Bingham be re-appointed to the Parks and
Recreation
Commission, Position #5.
Alderman
Seratt made the motion to approve. Alderman Watson seconded. All were in favor, 4/0/0/.
EUREKA
SPRINGS CITY COUNCIL MEETING
TUESDAY, May 14,1996
5.PLANNING COMMISSION:
The Mayor asked that the Council approve Paula Adkins for Position #3 on
the Planning Commission.
Alderman Jeffrey made the motion to approve. Alderman Watson seconded.
AU were in favor, 4/0/0.
Alderman Seratt made the motion to adjourn. Alderman Watson seconded.
The meeting was adjourned at 11:30 a.m.