CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

TUESDAY, MAY 28,1996

 

Mayor Barbara A. O’Harris called the regularly scheduled meeting to order on Tuesday, May 28,1996, at 9 a.m.

 

PRESENT: Mayor O’Harris, Aldermen Watson, Seratt, Jeffrey, Rubley and Riker. Alderman Earngey was not present.

 

ALSO PRESENT: David McNeaI, Paula Stitz, Kirby Murray, Carol Rasor, Ray Rasor, Jay Miner, Don Young, and Clerk Lee.

 

PLEDGE OF ALLEGIANCE:

Mr. Young led in the pledge of allegiance.

 

APPROVAL OF AGENDA:

Mr. Jeffrey said that under Public Works, there is a new hire.

Alderman Seratt made the motion to approve the agenda as amended.

Alderman Jeffrey seconded. All were in favor.

 

APPROVAL OF MINUTES:

Alderman Seratt made the motion to approve the minutes for the meeting of May 14th, 1996. Alderman Watson seconded. Alderman Jeffrey found one misspelled word on page 9, second paragraph from the bottom. The word lessor should be spelled lesser. The vote was 3/0/2, with Aldermen Riker and Rubley abstaining because they were both absent. Mayor O’Harris voted yes, and the minutes were approved, 4/0/2.

 

NEW BUSINESS:

1.      Proposed Sidewalk Ordinance #1698, Third reading, Mr. Murray:

Alderman Seratt made the motion to place Ordinance #1698 on its third

reading by title only. Alderman Watson seconded.                            All were in favor,

5/0/0. ­

Mr. Young read the ordinance.

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

 

Alderman Rubley voiced his concern over whether or not the sidewalks would be too aggressively rinsed and that it would ruin the look that is wanted for the new sidewalks.

Mr. Murray said that is what the surface retarder is for. You put it on last and the next day you come back and rinse off whatever will rinse off, and what is left is the look the City wants. If you use this particular material that the ordinance calls for you can’t easily make a mistake. Alderman Rubley suggested that the building inspector keep the samples in his office so that they will be there for reference. He raised the question about driveways and which surfaces the ordinance covers. It was pointed out that the ordinance only covers sidewalks and curbs. Alderman Rubley said he raised the question because some people had the impression that they would have to do concrete driveways which could be a heavy financial burden.

Ordinance #1698 was passed on its third and final reading, 5/0/0.

 

2.      Proposed Ordinance #1699 for Water Fee turn off/on, second reading:

Alderman Seratt made the motion to read Ordinance #1699 on its second reading by title only. Alderman Watson seconded.

Alderman Jeffrey said that the ordinance was postponed twice to have it re-written. Shouldn’t it be placed on its first reading, since it was re­written? Alderman Seratt withdrew her first motion and made the motion to place Ordinance #1699 on its first reading in its entirety. Alderman Watson withdrew her second and seconded this motion. All were in favor, 5/0/0.

 

Mr. Young read the ordinance.

Alderman Seratt made the motion to approve. Alderman Riker seconded.  Alderman Rubley said there was a mistake in the ordinance that needed to be corrected.  Instead of $200, it should be $250.  That will be corrected before the ordinance is published.

 

 

CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

TUESDAY, MAY 28,1996

 

 

Alderman Rubley said he wants everyone to understand that the City would like to have everyone install a shut-off valve on the water line at the entrance to the house. He said that if there is quite a distance from the meter to the house, there could still be quite a water toss if there were a problem.

Mr. Murray said that he has mentioned before that he thinks it should be worded so that the shut off would be put in the meter box. Then there would be about a three inch section of the line between the City’s shut off valve and the customer’s. It would be less of a problem for the City to have them put a shut off in the meter box, than it would if the City had to replace the meter valve. That way the customer would be protected. Mayor O’Harris said how would we specify. Mr. Murray said it should be written, ‘where the service begins” and that should take care of it. Alderman Rubley said if the line breaks between the two shut off valves, he would hate to penalize someone who had done everything that could be done. Mr. Murray said it would be an unusual occurrance and should not be costly to the customer.

The vote on the first reading was 5/0/0, in favor.

 

3. Lease Agreement, 46 Van Buren, Committee Report:

Alderman Seratt said that the committee met with a contractor, John Perkins and he said he would have an estimate ready for the agenda­setting meeting on June 4th. He will meet with the architect to be sure that all of the regulations are considered.

 

4. Ordinance #1702-A, Amending Chapter 12 of the Code, Auditorium Commission, expanding from 5 to 7 members, Second Reading.:

Alderman Rubley made the motion to place Ordinance #1702-A on its second reading by title only. Alderman Jeffrey seconded. All were in favor, 5/0/0.

Mr. Young read the ordinance.

Alderman Rubley made the motion to approve. Alderman Riker seconded. AU were in favor, 5/0/0.

 

Alderman Watson made the motion to suspend the rules and put Ordinance #1702-A on its third reading by title only. Alderman Rubley seconded. All were in favor, 5/0/0.

Mr. Young read the ordinance.

Alderman Rubley made the motion to approve. Alderman Seratt seconded. Alderman Jeffrey said that the Council had never discussed the modifications that had been done to the length of service for each commissioner. The expiration date for positions 6 and 7 were changed to:

Position 6, five years after the date of appointment, and Position 7, four and one half years from the date of appointment, Ordinance #1702-A was passed on its third reading, 5/0/0.

 

5. Ordinance #1703, Rescinding Ordinance #1640, Second Reading:

Alderman Seratt made the motion to place Ordinance #1703 on its second reading by title only. Alderman Watson seconded. All were in favor, 5/0/0.

Mr. Young read the ordinance by title only.

Alderman Rubley made the motion to approve. Alderman Riker seconded. Alderman Jeffrey said that he and Mr. Rubley and Mr. Young had met with the parking group that had originally drafted Ordinance #1640 to see if any part of that ordinance can be salvaged. He said that there may be one or two ordinances that will come out of that discussion. Alderman Rubley asked for the maps that had been drafted last year so that people can see where everything is.

Ordinance #1703 passed on its second reading, 5/0/0.

 

Alderman Rubley made the motion to suspend the rules and place Ordinance #1703 on its third reading by title only.  Alderman Seratt seconded. All were in favor, 5/0/0.

 

 

CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

TUESDAY, MAY 28,1996

 

 

Mr. Young read the ordinance.

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

Ordinance #1703 was passed on its third reading, 5/0/0.

 

#6. Moped Franchise Application:

Alderman Seratt said that she still had a problem with this because when she sat on a past Council, it was her belief that they decided to have only two franchises and that each franchise would be limited to 35 mopeds, and in her eyes, there is no room for a third franchise.

Mr. Rasor said he did not believe that there was a resolution or an ordinance that said that.

Mayor O’Harris asked that if he were to speak he should address the Chair. Mr. Riker said he couldn’t find anything in his notes.

Mr. Rasor was asked to come to the mike. He stated that he didnt believe that the Council would be bound by that because of the lack of an ordinance or resolution to that effect.

Alderman Seratt said that Dr. Kresse spoke about how dangerous mopeds are.

Mr. Rasor said that he also said that the situation had improved somewhat. Alderman Seratt said Dr. Kresse said that there is an impending lawsuit. Mr. Rasor said that it wasn’t against his company. He said that he understood that the other two moped companies would not be operating this year.

Alderman Seratt said that they still are holding the franchises. Alderman Rubley said that they could start tomorrow. Alderman Seratt said that then all of sudden the City has more and more mopeds running around. The companies could come back on line at any time this year. She said that the City has to have some kind of control over this.

Mr. Rasor said that if the City uses the control of 70, he could tell her that LaVonne has only 12 mopeds, and Cox has 17. He does not think that there are anywhere near the amount allowed. ­Alderman Seratt said that the franchise holder has the right to extend his business any time up to the amount allowed.

Mr. Rasor said that Alderman Seratt is under a misconception, that there is not a limit of two franchises.

Alderman Seratt said that in her eyes there is because she sat on the Council when it took place.

Mr. Rasor said that Mr. Brumley suggested that the Council limit usage to 70 mopeds. (Mr. Brumley was a former franchise holder). Mr. Rasor said it was his understanding when the franchise ordinance went into place, that the purpose of the franchise was to control the mopeds, the number of mopeds, not to control free enterprise. He said instead of regulating mopeds on the street, the Council is regulating who can and who cannot get into the business.

Alderman Seratt said that is our job.

Mr. Rasor said no its not, and he contends that the Council is manipulating free enterprise.

Alderman Seratt said that they way she stood on that issue was that there are two moped franchises and that is what this Council should enforce and that was all she had to say about it.

Alderman Jeffrey said he really doesn’t like the idea of a franchise. He would just as soon see no mopeds, period. And so when these two franchises expire, which is next year, ‘he would like to see the Council rescind the moped franchise ordinance and abolish mopeds from our streets. He said he thought we had the right to do that. If we were going to take that step, he saw no reason to grant another franchise at this time.  Alderman Rubley said there seemed to be a lot of discussion about what the  Council should do or shouldn’t do and have a right to do.  One thing the Council has a right and obligation to do is to deal with public safety issues.  The majority of the concerns on the council have been on

 

 

 

CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

TUESDAY, MAY 28,1996

 

 

public safety. He understood the applicant’s desire to have free enterprise, but this isn’t just any business, its a business that involves public safety. There seem to be a lot of legal issues that need to be resolved before the Council take any more steps. He also said that he hated to see this Council lock a future Council into a decision at this time. Alderman Riker would not agree that it is a safety hazard. He said it is up the the person riding to be instructed and to take care of himself. He said that he thinks that the amount of accidents might have to do with how people present themselves and whether they can ride or not. Mayor O’Harris said there was another issue. She doesn’t know if its being enforced, and that’s insurance. She asked Mr. Young to check the Municipal Code to see what the franchise requires. The franchise is required by law to have the same liability insurance that is required by the State of Arkansas on automobiles.

Alderman Rubley said if it is in the ordinance, we need to either require people to have it or amend the ordinance. He said that you can insure anything if you are willing to pay for it.

The clerk was asked if a certificate of insurance was presented with the application and she said no. She said that neither of the franchises that were operating last year had insurance for the last half of the year. Mr. Rasor said that previous Council asked Mr. Miner to review insurance policies of the two present franchise holders and it was determined after he reviewed them that the policies was not what the franchise ordinance required and that if what the franchise ordinance required was not available, then the City wouldn’t be able to force those people to get something that is not available. He said that the Clerk had made Mr. Miner aware that the franchise holders didn’t have insurance and no action was taken. He said that he has called even Lloyd’s of London and nobody wants to write liability insurance on moped rental operation.

Alderman Watson said “Well, that does show danger”.

Alderman Rubley said we need to find out what is available, and we need to require all the operators to get the same coverage. He said he didn’t think that the Council should issue a new franchise until the issue of insurance was resolved.

Alderman Rubley made the motion that at this point the Council not pass on the application until at least the insurance issue be decided. He said that there was more than the insurance issue to be decided here. Alderman Seratt seconded. She felt that the public safety issue should be the Council’s first concern and that the situation could easily get out of hand and pretty soon there would be any number of mopeds running. The role was called and Aldermen Riker, Rubley, Watson and Seratt voted yes, and Alderman Jeffrey voted no, 4/1/0.

 

7.     Ordinance #1706, Retaining Wall, Mr. Jeffrey:

Alderman Jeffrey asked that this ordinance which was defeated under the number #1 589 be considered again. The City has had two instances now of people having problems with their walls and there is nothing to protect the City in the ordinance we have. This ordinance will go a long way to protect the City. It is not right that the rest of the tax payers in the town have to pay for the few that don’t maintain their walls.

Alderman Jeffrey made the motionthat Ordinance #1706 be placed on its first reading in its entirety. Alderman Rubley seconded. All were in favor, 5/0/0. Mr. Jeffrey is concerned that the City could incurr some large liabilities if something isn’t done.

Mr. Young read the ordinance.

Alderman Rubley made the motion to approve. Alderman Jeffrey seconded. Alderman Rubley asked Mr. Miner about some of the gray areas. A lot of retaining walls were built to expand the footprint of their property. Some of the retaining walls were built by the City to keep a hillside form sliding into the street. 

Mr. Miner said that he disagreed with Alderman Rubley.  He said he didn’t think the City built the retaining walls.  He thinks the property owners built the walls. Years ago when the streets were put there he

 

 

CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

TUESDAY, MAY 28,1996

 

thinks that the walls were built by the developer to sell the property. Alderman Rubley said that there are a lot of places in town where the City had to build a wall to keep the hillside from falling into the street. Alderman Jeffrey said in a lot of cases, the property owner built the walls so the the hillside wouldn’t erode away. Alderman Jeffrey gave the Council an example, which was Hillside Avenue. Nobody knows for sure who built the walls, but as the walls have needed repair, the property owners over the years, have done the repairs. If a wall fell down, it was the property owners decision to rebuild or not to. Many of them thought it was worth rebuilding. But they have maintained the walls, not the City. Alderman Seratt said it is such an unusual town that this needs to be decided on a case by case basis.

By roll call, the ordinance was approved on its first reading, 5/0/0.

 

Alderman Rubley made the motion to recess for seven minutes. All were in favor. The meeting was recessed at 10:02 a.m., and was reconvened at 10:11 a.m.

 

NEW BUSINESS:

1. Acceptance of Mr. Earngey’s resignation by the City Council:

Alderman Watson made the motion to accept Bill Earngey’s resignation. Alderman Jeffrey seconded. Alderman Rubley asked when Mr. Earngey’s resignation was effective. Mr. Miner said in order for the Council to appoint someone else, this needs to be acted upon. Mayor O’Harris also read in City & Town that the resignation is accepted when it is acted upon. All were in favor, 5/0/0.

 

Mayor O’Harris said that it is with regret that we accept the resignation because Alderman Earngey has done a great service to the City, by serving as a Councilman.

 

2. Sewer and Water Hook-up, Charles Cross:

Alderman Jeffrey said that he would like to move that the City go ahead and permit Mr. Cross to hook up to City water and sewer, contingent on his proceeding with annexation into the City. The property is contiguous to the City on two sides. Alderman Seratt seconded.

Alderman Jeffrey said it is a logical step, since the easements that are in force sort of bridge the properties together.

Mr. Cross said that his property is about 200 feet outside the City Limits off of Huckleberry St. in the Pines Addition. He would ask to annex a five or ten acre parcel.

Alderman Rubley said he didn’t have any problem with the water, but that Mr. Cross should pay the out of the city water rate. He did have a problem with the sewer. He said that is a service provided by a municipality for its residents. He voiced a concern that Mr. Cross could get the house built and be hooked up to both, and then be denied annexation.

Alderman Jeffrey said that we can always unhook.

Alderman Rubley said that there was a lot of talk a couple of years ago about not annexing any more property until the City could provide services for the population we have now.

Mayor O’Harris said that a lot of larger cities didn’t annex until they had provided service for most of their population and then other towns and cities came in and they lost the chance to annex. That could happen to us. Alderman Jeffrey said he thinks that the intent to go with the annexation process is very clear.

The roll was called and the vote was 4/1/0, with Alderman Riker being the dissenting vote.

3. Waive Parade Permit Fee, Stand for Children, Sarah Stallings:

Alderman Rubley made the motion to wave the permit fee for the Stand for Children parade.  Alderman Riker seconded.  The Parks and Recreation Commission asked that the permit fees for the entertainment in the park not be waved.  They said that people who buy permits for Basin Park

 

 

 

 

 

 

 

 

CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

TUESDAY, MAY 28,1996

 

 

complain if there are people there who have not. It is not that the Parks is concerned about losing revenues. Police Chief Stitz said that there is a parade planned and there will be three entertainments in the park after the parade. The Clerk said that there is a $5 permit fee for each entertainment, and that will be taken care of. The permit that is required is for one week. The Parade Permit Fee is $25 and she had seen in past council meeting minutes that many car shows and other organizations have had the permit fees waived over the years. The vote was in favor to waive the tee, 5/0/0.

 

4.          Parking Problems Downtown, Committee Report:

Alderman Rubley said the the Committee had a productive meeting. They went all the way to Howell St. He said that they did find a few more parking places. They covered a lot of ground in a short time and he said he hoped that the Council would be supportive of the solutions they found.

 

Mayor O’Harris announced that all boil orders had been released.

 

The Mayor also reminded that the dedication of the Lake Leatherwood Park Trail is Saturday, June 1, 1996 at 10 a.m. at the picnic shelter. Everyone is invited to attend. June 1, 1996 is National Trail Day. Assisting in the dedication will be Ken Easton, Trails Coordinator for Arkansas State Parks. The Parks and Recreation Commission is very proud to open the trail corridor that encompasses Lake Leatherwood, and they want to thank all the volunteers who have contributed to this first phase. A special thanks to Tim Ernst, the professional trail builder. Some of the folks that had planned to donate to this have gotten busy and not donated their funds. The Parks Commission still needs $4000 to finish paying for the project. It is a dollar a foot. The address is post office Box 325, Eureka Springs, or you can drop off a donation at City Hall. We all appreciate those who have donated their time, money and efforts to helping build this trail.

 

ADMINISTRATIVE ASSiSTANT’S REPORT:

Mr. Young read a letter from the Planning Commission and Board of Zoning Adjustment asking the Council, along with the State Highway Department, for the placement of three way stops at the junction of Highway 62 and Highway 23 South, and at the top of Planer Hill, the junction of Highway 62 and Highway 23 North. The letter wasn’t clear as to which entrance to the Historic Loop they meant, but the Mayor said she was sure it was at the top of Planer Hill. Mr. Young will clarify with the State as to whether this is feasible and with the Planning Commission about exactly where they are talking about.

 

DEPARTMENT REPORTS:

1.   Public Works:

Alderman Jeffrey said the they had a new hire from temporary to regular employment. His name is Chuck Brewer and he was hired as a temporary construction crew member, but he has accepted the job of operating the street sweeper. He has been a good employee. His pay will be $6.20. Alderman Rubley made the motion to approve. Alderman Riker seconded. Alderman Rubley asked if someone is hired to run the street sweeper is that person moved around to do other jobs when the sweeper can’t be run. Mr. Murray assured Mr. Rubley that they do.

All were in favor, 5/0/0.

 

Alderman Riker said he would like several things put on the agenda­ setting meeting for June 4th. He mentioned televising workshops, the Mayor’s time limits, keeping tapes and videos, and a hole that is opening up under the Auditorium.

Alderman Jeffrey said that he and Mr. Murray were under the building not that long ago.  There is nothing wrong under there.  Alderman Jeffrey said that where there is a problem is where buildings have burnt down and parking lots have been built.  Heavy vehicles have parked in those lots and that is where there is a problem.

 

 

CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

TUESDAY, MAY 28,1996

 

Mr. Murray said that it looks like there is a problem under the Auditorium on the First St. side. It has looked that way for the past eighteen years and none of the rock has fallen.

Alderman Seratt said as long as we are bringing up all of this, she has had phone calls and people stopping her on the street to ask why Alderman Riker is missing so many meetings in which the Council conducts City business, which is what he was elected to do.

Alderman Riker said he was very sorry that he missed meetings but he has had personal problems and he has had business to take care of and his mother has been here visiting, and the Council would just have to trust him that it is being taken care of.

 

Alderman Rubley wanted to talk about the process for replacement for Bill Earngey’s council seat.

Mr. Miner said the Council will name somebody and there will be a vote taken. The person has to be from the ward in which Bill Earngey and Jan Watson live, Ward Three. It takes a majority vote, which is four votes, and the Mayor can vote. The Mayor cannot submit a name on which to vote.

 

Alderman Jeffrey made the motion to adjourn. Alderman Watson seconded. The meeting was adjourned at 10:50 a.m.