CITY OF EUREKA SPRINGS
CITY COUNCIL MEETING AGENDA
Tuesday, March 12, 1996 9 a.m.
CALL TO ORDER
ROLL CALL, ESTABLISHMENT OF QUORUM
PLEDGE OF ALLEGIANCE TO THE FLAG
APPROVAL OF THE AGENDA
APPROVAL OF PRIOR MINUTES: Regular Meeting, February 27, 1996; and Special Meeting, March 7, 1996.
OLD BUSINESS:
I. Sewer Line Easements, Highway 23 South, Mr. Miner.
2. Howell Street Wall, Mr. Miner.
3.
NEW BUSINESS
1. Ordinance No. 1692, South Armstrong Street.
2. Ordinance No. 169 I , Moped Franchise Ordinance Amendments.
3. Ordinance No. _________ , A Amendments To The Zoning Ordinance.
4. No-Parking Sign, Alexander/Lindsay Street.
5.
ADMINISTRATIVE ASSISTANTS REPORT:
DEPARTMENT REPORTS:
1. Administration Department, Alderman Earngey.
2. Emergency Services Department, Alderman Rubley.
3. Police Department, Adlerwoman Seralt.
4. Public Works Department, Alderman Jeffrey.
5. Solid—Wastes Management Department, Alderman Riker.
6. Transit De;partment Alderwoman Watson.
7.
COMMISSION, COMMITFEE, AND AUTHORITY REPORTS:
1.Auditorium Commission
2. C.A.P.C. Commission
3.Cemetery Commission: Position 4, Mr. Duffy, and Position 5,Mr.Smith.
Both Terms Expired February 15, 1996.
4. Historic District Commission: Nomination For Position 3 Replacement, Mr. Frank Green.
5. Hospital Commission
6. Parking Authority
7. Parks and Recreation Commission
8. Planning Commission: Position 2, Mr. Nickelson, Term Expired January 1,
1996; Nomination For Position 3, Ms. Paula Adkins.
9. Board of Review Commission: Posit ions 4 and 5 are vacant.
10. Carroll County Solid-Wastes Authority
11. Four—County Solid—Wastes Management District
12. Eurcka Springs Solid—Wastes Advisory Committee
13. Tourism Advisory Committee: Appointment of Mr. Tom Johnson To Replace
Ms. Ann Martin.
ANNOUNCEMENTS:
Need work session to be set for Trolley Issues.
ADJOURNMENT
5, Mr. Smith,
TUESDAY, March
12,1996
Mayor
Barbara O’Harris called the regularly scheduled meeting to order at 9 a.m. on
Tuesday, March 12, 1996.
PRESENT:
Mayor Barbara A. O’Harris, Aldermen Jeffrey, Seratt,
Watson, Earngey, and
Rubley. Alderman Rikor was absent.
ALSO
PRESENT:
Kirby Murray, Ernst Schrader, Steve Beacham
Robert Miller, Alexa Roy, Bob Purvis,
Cheryl Tucker, Mike Ellis, Don Young, (the
new
Administrative
Assistant), Jay Minor, and Clerk Lee. Carolyn Green,
Mr. Young
led in the pledge of allegiance.
Approval
of Agenda:
Alderman
Seratt made the motion to approve the agenda.
Alderman Jeffrey seconded.
Alderman Earngey asked that his Resolution #433 be put on the
agenda. It is the Resolution that he
introduced to ask the C.A.P.C to hire a Director/Bookkeeper. Alderman Earngey made the motion to amend
the agenda to include Resolution #433 entitled A
TUESDAY, March 12,1996 103
Resolution Requesting the City Advertising and Promotion
Commission to
Establish a Salaried. Full-Time Position Titled Executive
Director/Bookkeeper. Alderman Rubley seconded. The vote on the
amendment was 5/0/0. The resolution was placed on the
agenda, #3 under
Old Business.
The vote on the agenda as amended was in favor, 5/0/0.
APPROVAL OF MINUTES:
The Minutes of February 27th, 1996, were amended: Alderman
Earngey said on page 2, paragraph 1, about the middle. The sentence should
read, “This amendment will only be useable if Washington Regional executes a
construction mortgage”. Then add “Dental Office” to the list of offices in the
proposed building. Then change the last sentence in that paragraph to read
“Since the building will be condoed to each doctor, dentist and pharmacist,
they would be uncomfortable not having clear title to their respective
properties”. Alderman Earngey asked that on page 3, toward the bottom of the
second paragraph to please use Chance’s full name, which is Chance Motor Coach.
Then the last sentence needs to add “and the Council” after Tourism Advisory
Committee.
Alderman Earngey made the motion to approve as amended.
Alderman Watson seconded. The minutes were approved as amended 4/0/A with
Alderman Rubley abstaining because he was absent.
The Minutes of March 7, 1996 were discussed: Alderman
Jeffrey made the motion to approve. Alderman Watson seconded. Alderman Jeffrey
noticed that a sentence had been cut out when the minutes were printed, on the
bottom of the second page. Alderman Watson said that there was nothing
mentioning Specialty Vehicles coming on March l3th along with Chance Motor
Coach. Alderman Earngey said the clerk left out the discussion about the Green
Route, and that it remain as scheduled because it will reduce the deficit if
left as it is.
Alderman Watson made the motion to postpone the approval of
the minutes until the corrections are made. Alderman Seratt seconded. All were
in favor, 5/0/0. Approval of the March 7th minutes will be postponed until
March 26th, 1996.
OLD BUSINESS:
1. Sewer
Line Easements, Highway 23 South, Mr. Miner:
Mr. Miner reported that Ozarka Lodge has signed the
easement, and that Kirby Murray and his crew have already just about finished
that stretch, and he commended Mr. Murray for the good job that has been done.
He said that the City is in negotiations with the Northern Trust, which is the
trustee for the Ozark Village Restaurant, and Mr. Miner has talked with Mr. Bud
Boyer, who is representing them. He will be mailing an easement to Mr. Newberry,
who has bought the music show building. He is having difficulties in reaching
Mr. & Mrs. Colman. They have agreed to the terms, but the easement has not
been signed at this point. Mr. Miner does not foresee any problems.
2. Howell
Street Wall, Mr. Miner:
Mr. Miner reported that the property owner, who owns the
other half of the wall, would transfer the property to the City if the City
would assume the debt, approximately $59,000. Alderman Earngey said it was a
nice relaxed meeting with Mr. Clark, the property owner’s attorney. Mayor
O’Harris read a letter from Mr. Marvin Hawkins, the Building Inspector, in
which he stated that he had requested Mr. Murray to remove the stones from the
street and store them on City property for safekeeping, and to remove the
rubble from the street.
Concern was voiced from the Council about scarring the
stones. They asked that care be taken when the stones are moved.
Mr. Miner is going to have some alternatives for the Council
to consider to be presented at the next agenda setting meeting which will be on
March 19th.
TUESDAY, March 12,1996
Mayor O’Harris interjected that she
had asked Steve Beachum to stay for a few minutes to talk about Arbor Day.
Arbor Day is Monday, March 18th. Mr. Beachum said that the Parks and Recreation
Commission, in conjunction with the Public Works Department will be planting
two dogwood trees at Crescent Spring Monday morning at 9 a.m. The dogwoods will
be dedicated to Jim Walden and Anita Barner Towry, who was instrumental in have
Eureka Springs declared a Tree City.
3. Resolution
#433, A Resolution Requesting the City Advertising and
Promotion Commission to Establish a
Salaried, Full-Time Position Titled
Executive Director/Bookkeeper:
Alderman Earngey made the motion to read Resolution #433. Alderman
Seratt seconded. All were in favor, 5/0/0.
Mr. Young read the resolution.
Alderman Earngey made the motion to approve. Alderman Rubley seconded.
A long discussion followed, in which it was discovered that the C.A.P.C.
does not pay a salary to Mr. Purvis. The Position of Director is a non-paying
position.
The contract that the commission has with the Chamber of Commerce is for
$215,000 and administrative services are included in that. The contract lists
the items that are included: postage, telephone, labor icr inquiry, inquiry
handling, bookkeeping, special events, communication and clerical personnel,
equipment costs, and supplies. Mr. Purvis explained that the Chamber agrees to
provide all of these services for that set fee. It is the Chambers’ decision
what they pay their director.
Alderman Earngey asked Bob Purvis if the building and the contract and
everything that is paid to the Chamber of Commerce were taken away, could the
Chamber of Commerce still operate. Mr. Purvis replied that there would be
differences in the way that the operation was run, but that there would still
be a Chamber of Commerce.
Mr. Purvis said that the Director and the Bookkeeper couldn’t be the
same person. There is a lot of work and time that goes into each job, and in
his opinion, one person could not do both jobs. Alderman Earngey said that it
seemed to him that there is a perception of the possiblity that the C.A.P.C.
money was like a subsidy. Mr. Purvis said no, it is not. As long as product or
service is provided for moneys paid, that is not a subsidy.
Alderman Seratt called the question. The council voted 3/2/0 and the
Mayor cast the deciding vote, which made it 4/2/0. Aldermen Earngey and Rubley
voted to continue the discussion. The rest of the Council and the Mayor voted
not to. ..
Mr. Miner read the state statute that pertains to this subject. The
statute reads that the C.A.P.C. shall select the personnel that they want. The
law cited is 26-75-606 in the statute books.
The Council voted on the resolution, 2/3/0. Aldermen Earngey and Rubley
voted to approve. The rest voted no. Resolution #433 failed.
Alderman Earngey called for a seven minute recess. The meeting was recessed at 10:03 a.m. The meeting
reconvened at 10:12 a.m.
NEW BUSINESS:
1. Ordinance
#1692, South Armstrong Street:
Alderman Rubley made the motion to read Ordinance #1692. Alderman
Jeffrey seconded. All were in favor, 5/0/0.
Mr. Young read the ordinance.
Alderman Rubley made the motion to approve. Alderman Seratt seconded.
There was discussion about using extensive signage, and that grooves could be
carved into the street so that they would offer traction to those coming to a
stop at the bottom of the hill at the same time that they were alerting people
to slow down.
Ordinance #1642 was past on its first reading. 5/0/0. Alserman Rubley made a motion to suspend the
rules and place Ordinance #1642 on its second reading by title only. Alderman Seratt seconded. Mr. Young read the ordinance by title only.
TUESDAY,
March 12,1996 105
Alderman Rubley made
the motion to approve. Alderman Seratt seconded.
The ordinance was
passed on its second reading, 5/0/0.
The Council decided
not to vote on the third reading at that time to leave
time for public
input.
2. Ordinance #1691,
Moped Franchise Ordinance Amendments:
Alderman Rubley made
the motion to read Ordinance #1691. Alderman
Seratt seconded. All were in favor to read,
5/0/0.
Mr. Young read the
ordinance.
Alderman Rubley made
the motion to approve. Alderman Earngey seconded. Alderman Seratt asked about
people who already have mopeds, and use them for transportation. Mr. Miner said
that they are grandfathered in. Mr. Miner said that this ordinance would only
be in force until the end of the year and because neither of the franchisees
will be operating this year. Alderman Seratt said she would like to amend the
ordinance to read for personal use only. Mr. Miner said when you get into
those, types of dichotomies, then there are problems. The state statutes say
that the City can regulate the use of mopeds inside the City limits.
After a lot of
discussion and a lot of dissent, Alderman Watson made the motion to postpone:
Alderman Serati seconded. Alderman. Rubley suggested that the ordinance be
passed on its first reading and then Mr. Miner could come up with new wording.
They then withdrew their motion and second. Alderman Earngey said why pass
something in which the verbage may be
changed. Alderman Earngey made the motion to postpone the vote on this until
March 26th. Alderman Watson seconded. All were in favor, 5/0/0.
3. Ordinance #1694,
Amendments to the Zoning Ordinance, is not ready to be read.
4. No Parking Sign,
Alexander, Lindsey Street:
The Council discussed
having Kirby do another pull out down the road from the property in question.
The City would like to be able to help the neighborhood and keep everyone
content. Chief Stitz said that her department would enforce any parking that
was reported as a hazard by the neighborhood. Alderman Rubley said that the
safety factor was his concern.
DEPARTMENT REPORTS:
Emergency Services:
Alderman Rubley: Personnel action: To hire Terry Hinson as a
firefighter/paramedic at $8.50 per hour with the effective date being March 12,
1996.
Alderman Watson made
the motion to approve the hiring as above. Alderman Jeffrey seconded. All were
in favor, 5/0/0. Mayor O’Harris explained that part-time people will no longer
be retroactively hired for regular employment. They will become regular
employees once the Council has approved them. There are many problems in the
bookkeeping system with retro-active hiring. Alderman Rubley asked that the
Personnel Action Form be changed to reflect that and he and Mr. Young will go
over the changes and implement them.
Alderman Earngey
thanked the Fire Chief for saving him 40% on his homeowner’s insurance, by
having the City rated a 5 instead of an 8.
Public Works:
Alderman Jeffrey: Personnel action: To hire Thomas Tharp
as a street sweeper
for $6.20 per hour with an effective date of March
12th, 1996. Alderman
Earngey made the motion to approve as above.
Alderman Seratt
seconded. All were in favor, 5/0/0.
Also, there is a
license increase raise for Carolyn Loper, who has completed license
requirements as a water systems operator.
The increase is from $6.60 to $6.80 per hour, effective February 20th,
1996, the date the license was issued.
Alderman Jeffrey made the motion to approve the increase as above.
Alderman Seratt seconded. All were in
favor, 5/0/0.
106
EUREKA SPRINGS CITY COUNCIL MEETING
TUESDAY, March 12,1996
The Mayor reminded everyone again that Chance Motorcoach and
Specialties Vehicles will give their presentations on Wednesday, March
13th, at 3 p.m. The Tramstar tram will be at City Hall for the Tourism
Advisory Committee and the Council to ride.
COMMISSION, COMMI1TEE, AND AUTHORITY REPORTS:
Cemetery Commission: Mr. Duffy’s position, position 4, expired on
February 15th, 1996 and he will not be serving again. Mayor O’Harris has not
heard from Mr. Smith as to whether he would like to serve again.
Historic District Commission: The Mayor recommended Frank Green, Jr. for
Position 3. Alderman Rubley said he would like to see someone who is involved
with the Preservation Society on the HDC. Mayor O’Harris said that she
announced the opening of the position at the last meeting and asked people who
might be interested to contact her. The position will be voted on at the next
Council meeting.
Parking Authority: Dani Petty has just resigned, because she is moving
out of the City limits. She held Position #4 on the Parking Authority and she
was filling it until 9-1-96.
Planning Commission:: Position #2, Mr. Richard Nickleson did agree to
fill the position. The Council voted to approve Mr. Nickleson to fill the
position, 5/0/0.
Tourism Advisory Committee: Mayor O’Harris has appointed Mr. Tom Johnson
to replace Ms. Ann Martin. The consensus was that he would be a valuable asset.
Eureka Springs Solid-Wastes Management District: Alderman Watson
reported that Freeman Waste Management had a very good evaluation. Glean Sweep
pick-up for Ward 1 and Ward 2 is April 13th, and for Ward 3 is April 20th.
PeopleS have to go to City Hall and buy a permit for that. The hazardous waste
collection will be at the fairgrounds in Berryville May 4th.
Recycling is doing an informative flyer to be mailed to all the
residents.
Alderman Jeffrey made the motion to adjourn. Alderman Watson seconded.
The meeting was adjourned at 11:06 a.m.