CITY COUNCIL
MEETING AGENDA
Tuesday, MARCH 26, 1996, 9 a.m.
CALLTO ORDER
ROLL CALL ESTABLISHMENT OF QUORUM -
PLEDGE OF ALLEGIANCE
APP ROVAL OF AGENDA
APPROVAL OF PRIOR MINUTES: Regular Meeting, March 12,
1996 and Special Meeting, March
7, 1996.
MAYOR’S COMMENTS:
OLD BUSINESS:
1. Sewer
Line Easements, Highway 23 South, Mr. Miner.
2. Howell
Street Wall, Mr. Miner.
3. Ordinance
#1692, South Armstrong Street.
NEW BUSINESS:
1. Ordinance
#1691, Moped Franchise Ordinance Amendments.
2. Ordinance
____, Amendments to the Zoning Ordinance.
3. Ordinance
#1693, Adopting the Arkansas Mechanical Code.
4. Ordinance
#1694, Amendments to the Parking Ordinance.
5. Ordinance
8 1689, Proposed Retaining Wall Ordinance Amendment.
ADMINISTRATIVE ASSISTANTS REPORT:
DEPARTMENT REPORTS;
1. Administration
Department, Alderman Earngey.
2. Emergency
Services Department. Alderman Rubley.
3. Police
Department, Alderman Seratt.
4. Public
Works Department, Alderman Jeffrey.
5. Solid-wastes
Management Department, Alderman Riker.
6. Transit
Department, Alderman Watson.
COMMISSION, COMMITTEE, AND AUTHORITY REPORTS:
I. Auditorium,
Discussion permit fees, Commission Members.
2. C.A.P.C.
3. Cemetery:
Position 4, Mr. Duffy resigned; and Position 5, Mr. Smith. Both terms expired
2-15-96.
4. H.D.C.
5. Hospital
6. Parking
Authority.
7. Parks
and Recreation Commission
8. Planning
Commission, Nomination for Position 3, Paula Adkins.
9. Board
of Review Commission: Positions 4 and 5 are vacant.
10. Carroll
County Solid-Wastes Authority
11. Four-County
Solid-Wastes Management District
12. Eureka
Springs Solid-Wastes Advisory Committee
13.
Tourism
Advisory Committee
ANNOUNCEMENTS:
Public
Hearing: Thursday, April 16, 6:30 p.m., Proposed Solid-Wastes Increase.
Public
Hearing: May 7, 7 p.m., Yellow Trash Bags.
ADJOURNMENT
EUREKA SPRINGS CITY
COUNCIL MEETING
TUESDAY, March
26,1996
Mayor Barbara O’Harris
called the regularly scheduled meeting to order at 9 a.m. on Tuesday, March 26,
1996.
PRESENT:
Mayor Barbara A.
O’Harris, Aldermen Jeffrey, Seratt, Earngey, and Rubley.
Aldermen Riker and
Watson were absent.
At that time Mr. Miner,
the City Attorney, instructed the Mayor and the Council that it would require
four Votes for an item to pass, or three votes plus the Mayors.
ALSO PRESENT:
Kirby Murray, Mike
Ellis, Paula Stitz, Don Young, Jay Miner,
Clerk Lee
Mr. Young led in the
pledge of allegiance.
EUREKA SPRINGS CITY COUNCIL MEETING
TUESDAY, March 26,1996
APPROVAL OF AGENDA:
Alderman Seratt made the motion to
approve the agenda. Alderman Jeffrey seconded. Ordinance #1695 and #1696 were
put under New Business, numbers 7 and 8 respectively. Alderman Earngey made the
motion to amend the agenda to include #7 under New Business, Ordinance #1695
and #8 under New Business, Ordinance #1696. Alderman Seratt seconded.
Alderman Jeffrey brought up his
personnel action tot Public Works. There was a discussion about the tact that
anything that is going to be on the agenda should be submitted by noon on the
Friday before the meeting. This has been a standing practice for a Long time.
Alderman Earngey withdrew his motion and Alderman Seratt withdrew her second.
Alderman Jeffrey made the motion to add the two ordinances, as above, and
include the personnel action for John Kessler, Jr. Alderman Rubley seconded All
were in favor to amend the agenda,4/0/0.
All were in favor of the agenda as
amended, 4/0/0.
Alderman Earngey. made comments
about how the agenda is reached and what goes into the paper, and how different
they are from each other, and asked to have it discussed at the next agenda
setting meeting.
APPROVAL OF MINUTES:
March 7, 1996 minutes:
The motion was made and seconded to
approve the March 7th minutes. Alderman Earngey pointed out on page two, second
paragraph from the bottom, that the City has not agreed to buy two trams for
1997. The wording was amended to read “ The City may have to buy two more trams
for 1997”.
Alderman Jeffrey said that the clerk
had left out a paragraph that came right after the Karen Lindblad paragraph,
and that should be added. Alderman Earngey made the motion to amend the minutes
to reflect as above. Alderman Jeffrey seconded.
The vote was 3/0/A, with Alderman
Rubley abstaining because he was absent. The Mayor voted to approve, so the
vote was 4/0/A, counting the Mayor’s vote.
The vote to approve the minutes as
amended was the same as above, with the Mayor casting her vote to approve,
4/0/A.
March 12, 1996 Minutes:
Alderman Seratt made the motion to
approve. Alderman Jeffrey seconded.
Amendments were as follows: Page 1,
typo, CAPC, instead of CPAC.
Page 2, Old Business, #1, the
Northern Trust is the trustee for the Ozark
Village Restaurant.
Page 3, remove “as such” from the
first sentence in paragraph four.
Page 3, Raise the first sentence in
paragraph 5 to the end of paragraph 4,
and strike the rest of that
paragraph.
Alderman Earngey made the motion to
amend as stated, and Alderman
Jeffrey seconded. All were in favor
of the amendments, 4/0/0.
The minutes were approved, 4/0/0.
Mayor O’Harris reported that the
loan agreement with the Arkansas Soil and Water Conservation Commission has
been paid in lull. This was for assistance for needed municipal water
improvements. The $91,250 from April 20, 1981, was used for an additional well
for’ the City water supply.
The Mayor also announced that there
was a boil order for 285 Spring St., which began March 21st. Earliest possible
notification time is March 28th.
The Mayor then gave a short
talk. She said it is the responsibility
of the Mayor and Council to settle all questions before them in an efficient
and orderly manner. She looked up the
word efficient, and it means capable, competent, and giving a high output of
work. She said that everyone has the
right to be heard, but that each person should not take more…
EUREKA SPRINGS CITY COUNCIL MEETING
TUESDAY, March 26,1996 109
than their alloted time for discussion. She complimented the
Council and asked that they work together for the good of the City. She also
asked the citizens of the City, the “silent majority”, to please get involved.
A copy of the Mayor’s statement is on file in the clerk’s office.
OLD BUSINESS:
1. Sewer
Line Easements, Highway 23 South, Mr. Miner:
Mr. Miner reported that everyone has been located and
contacted and now
all that has to be done is the signing of the easements. The
Ozarka Lodge,
Inc. easement has been signed and the work is already
finished. Alderman
Jeffrey complimented Mr. Murray on the job that was done.
2. Howell
St. Wall, Mr. Miner:
Mr. Miner has to contact the property owner through her
attorney and he has not heard from him. Mr. Kernodle has not contacted him,
either, so he will call Mr. Kernodle.
There was some discussion about where the money would come
from to purchase the property, and then build back the wall. The council agreed
that they need to know what the bottom line price is on the property before any
decision can be made. It was decided that Mr. Miner would ask for permission to
talk to the property owner.
Alderman Seratt said that she thought that the Council was
thinking of fixing the wall and ‘putting a lien on the property. She is against
depleting the City’s reserves to buy the property and then fix the wall.
Mayor O’Harris asked Mr. Young to give the Council an update
on the state of the City’s finances.
Mr. Young reported that the City had about $1 million in
reserves, and he broke down the commitments that have already been made against
these funds: There was $85,000 for Transit plus the money for the study,
$120,000 to the Auditorium, $75,000 for the depreciation of vehicles, $221,540
out of reserves to complete the 1996 budget. That leaves a balance of
$478,106.72 as of a couple of days ago. These expenditures are locked in until
it is time to go over the budget mid-year. What is not in there is $215,000 for
two trams, and the cost of the Howell St. Wall project. Alderman Earngey
reminded the Council that next year will be the City’s first opportunity to
purchase trolleys with the Federal Government’s 80%-20% grant and we have some
rolling stock that is due to be replaced. The City will have to spend about
$60,000 per trolley. Alderman Rubley reported that he had discussed the Howell
St. Wall property with First Bank, the mortgage holder, and even though they
could not talk about specifics, the property owner can give permission to the
City to enter into direct negotiation with the bank. Alderman Jeffrey said that
the property was appraised when the wall was up and the property intact, and
now, the appraisal may be a lot less, but the mortgage is still roughly
$60,000.
3. Ordinance
#1692, South Armstrong Street, Third Reading:
Alderman Seratt made the motion to place Ordinance #1692 on
its third and final reading by title only. Alderman Rubley seconded. All were
in favor, 4/0/0.
Mr. Young read the ordinance.
Alderman Rubley made the motion to approve. Alderman Seratt
seconded. Alderman Jeffrey said that he had received a lot of telephone calls
from people who were against reversing the direction of one way traffic on
South Armstrong Street. He also took to heart the things Mr. Ratliff said in
his presentation against reversing the street. He said that this idea came in
conjunction with the ideas about what the State Highway Department might do,
and he felt that it was premature to take this action at this time.
Alderman Earngey basically agreed. He asked Mr. Murray about the visual problem at the mouth of
Armstrong, and if Planer Hill Walkway would alleviate part of the visual
problem. Mr. Murray said that the stone wall there could be reshaped when the
sidewalk was built. Also Alderman
110
EUREKA SPRINGS CITY COUNCIL MEETING
TUESDAY, MARCH 26, 1996
Earngey
said that when the State comes in to do whatever they decide to do, the City
might ask that a right turn lane be put in at the top of Planer Hill to help
the situation.
Alderman
Rubley said that in a town with hills, any downhill street may be hard to stop
on. He also said that anytime anyone is turning east at the top of either of
the hilts, they are going to have to cross traffic, which means traffic will
back up on busy days.
Alderman
Rubley asked Mr. Murray to come up with figures on how much it would cost to
open Peerless St. Mr. Murray said that he had heard that Peerless had fairly
recently been a driveable dirt street, but he has had no personal experience
with it. There was a question as to where Peerless ends. It will be discussed
at another time. The vote on Ordinance #1692 was Aldermen Seratt and Rubley,
yes and Aldermen Jeffrey and Earngey, no; 2/2/0. Ordinance #1692 failed
on its third reading.
Alderman
Earngey made the motion to recess for 7 minutes. Alderman Rubley seconded. The
meeting recessed at 10 a.m. and reconvened at 10:10 a.m.
NEW
BUSINESS:
1. Ordinance #1691, Moped Franchise
Ordinance, Amendments:
Mr.
Miner asked that the ordinance be postponed until discussion at the April 2nd
agenda-setting meeting.
Alderman
Seratt made the motion to postpone this ordinance, to be discussed on April 2nd
at the agenda-setting meeting and to be on the agenda for the April 9th council
meeting. Alderman Earngey seconded. All were in favor, 4/0/0.
2. Ordinance #_, Amendments to the Zoning
Ordinance:
Mr.
Miner said that the ordinance is not finished. The chairman of the planning
commission hopes to have his portion by the end of the week. Alderman Earngey
made the motion to postpone until April 2nd agenda setting meeting and April
9th council meeting. Alderman Seratt seconded. All were in favor, 4/0/0.
3. Ordinance # 1693, Adopting of the
Arkansas Mechanical Code:
Alderman
Seratt made the motion to place Ordinance #1693 on its first reading in its
entirety. Alderman Jeifrey seconded. All were in favor, 4/0/0.
Mr.
Young read the ordinance.
Alderman
Rubley made the motion to approve. Alderman Seratt seconded. Aldermen Rubley
and Earngey voiced their concern that this code may be too restrictive to the
average homeowner. Mr. Miner said that the code was not for the average
homeowner, but for the companies that go in and do heating and air
conditioning.
Alderman
Rubley asked that before the ordinance is voted on for the last time, Mr. Miner
give the Council a quick re-cap as to the changes that will be made, if the
Council adopts the code. Mr. Young and Aldermen Jeffrey and Earngey understood
that it was mainly a name change. The Council did adopt the Southern Building
Code, and now the Southern Building Code is asking that the Arkansas Mechanical
Code be adopted.
The
main concern was that it may be unfair to the average homeowner in his everyday
repairs. Mr. Miner said that this entire matter came up in another city, and
they had a man from the State there, and he explained that the State is not
trying to interfere with an average homeowner. The State is concerned mainly
with large projects. Alter more discussion the roll was called, and the ordinance,
was passed on its first reading, 4/0/0. The Health Department would like this
to be passed as soon as possible, so that the Code will be in place.
Alderman
Seratt made the motion to place Ordinance #1693 on its second by title
only. The motion died for want of a
second.
EUREKA SPRINGS CITY COUNCIL MEETING
TUESDAY, March 26,1996 111
4. Ordinance
#1694, Amendments lo the Parking Ordinance:
Alderman Rubley made
the motion to place Ordinance #1694 on its first reading in its entirety.
Alderman Seratt seconded. All were in favor, 4/0/0.
Mr. Young read the
ordinance.
Alderman Seratt made
the motion to approve. Alderman Jeffrey seconded. Alderman Jeffrey said that
this ordinance appeared to only include three of the recommendations from the
parking authority. Mr. Young said that the other three don’t require
ordinances.
Alderman Earngey
suggested that each item on the ordinance be voted on separately. Alderman
Jeffrey said that a straw vote had been taken at the agenda-setting meeting,
and there seemed to be enough support to put the three items on one ordinance.
Alderman Rubley said
that he was still convinced that parking meters should be removed just on
Spring Street. He felt that it would make the street user friendly. He also
felt that revenues would be generated from writing tickets for those who parked
too long.
Police Chief, Paula
Stitz, said that the percentage of tickets that are collected on is 35% to 45%.
She said that as a rule, the people that use the meters do pay for their
parking.
Alderman Jeffrey said
that he felt that it would be premature to remove the meters at this time. He
said that perhaps when the some of the parking problems have been solved, they
could remove some of the meters. Alderman Earngey said that state law prohibits
the City from giving money to the Parking Authority. He was reminded that
giving the Parking Authority the extra revenues was not one of the items on the
list. It was a paragraph at the bottom of the list. Mr. Miner said that money
that comes into the general fund can be given to a commission, if the Council
votes to do so, and cited the money that was given to the Auditorium Commission
for the repairs and operations of the building. Mr. Miner says that the City
cannot loan money to a commission. Alderman Earngey said that the City did loan
money to the Parking Authority, when they started the lease on the Planer Hill
Parking Lot. Mr. Miner said that it was not intended to be a loan until the
Parking Authority decided to pay it back. Alderman Earngey made the motion to
amend the ordinance, by amending 8.20.05, called parking meter zones, in the
municipal code, those parking meters located between the intersections of Main
Street and Spring Street, and Spring Street and Mountain Street, shall be
replaced by stenciled curbs reading one hour parking, nine a.m. to 6 p.m.
daily. Alderman Rubley seconded. Alderman Seratt said that her concern is that
it will be an enforcement problem. Also it is a $5 an hour, nine hour a day,
seven days a week enforcement. Alderman Rubley said that if the meters are
going to be $1.00 per hour, or 50 cents per half hour, the enforcement will
have to be just as stringent for just as long.
Alderman Jeffrey
suggested that the Council postpone the vote on the ordinance, because of the
amount of time being taken up with discussion. He made the motion to postpone
voting on the first reading of Ordinance #1694 until the April 9th Council
Meeting, and that it will be discussed in the April 2nd agenda-setting meeting.
Alderman Earngey seconded. All were in favor, 4/0/0.
5. Proposed
Retaining Wall Ordinance Amendment, Ordinance #1 689:
Mr. Murray said that
there is already something in the Municipal Code that says that a property
owner has to maintain a wall and build it back with the same type of materials
if it falls down, It is the ordinance that the Council passed in 1995. There
‘was a long discussion. Alderman Jeffrey made the motion to place Ordinance
#1689 on its first reading in its entirety. Alderman Seratt seconded. All were
in favor, 4/0/0.
Mr. Young read the ordinance.
Alderman Seratt made the motion to approve.
Alderman Jeffrey seconded.
Alderman Rubley made the motion to postpone until April 9th
with more discussion at the April 2nd agenda-setting meeting. Alderman Jeffrey seconded. Alderman Rubley and Jeffrey voted yes and
Alderman Seratt and Earngey voted no.
2/2/0. Motion failed.
112
EUREKA SPRINGS CITY COUNCIL MEETING
TUESDAY, March 26,1996
Alderman Earngey said
he has every kind of wall that there can be. He has always repaired his own
walls. He said that the City is being very mean-spirited to burden the
tax-payer any further than it already is being burdened.
Alderman Jeffrey said
he did not believe that the ordinance is at all mean-spirited. He said that the
ordinance spells out responsibility whether it be to the City or to the
property owner. He asked Mr. Murray, before all of this started, how did the
City decide who was responsible? Mr. Murray said that it has always been, if
the wall holds up the homeowner’s property, it is his responsibility. If it
holds up the right-of- way, it is the City’s. He said this has been the
practice since 1978, when he came here, and it was in practice before he came.
Alderman Jeffrey made
the motion to postpone as he did before. Alderman Seratt seconded. Aldermen
Jeffrey and Seratt voted yes. Aldermen Rubley and Earngey voted no, 2/2/0.
Aldermen Seratt and
Jeffrey voted yes on the ordinance. Aldermen Rubley and Earngey voted no,
2/2/0. Ordinance p1689 failed on its first reading.
6. Ordinance #1695,
An Ordinance Waiving Competitive Bidding for the Avo Street Sewer Project and
Declaring an Emergency:
Alderman Seratt made
the motion to place Ordinance #1695 on its first reading in its entirety.
Alderman Jeffrey seconded. All were in favor, 4/0/0.
Alderman Rubley asked
what the original amount was for Ordinances #1695 and #1696. Mr. Murray said
that for Ordinance #1696, the Highway 23 South sewer line, the City agreed to
split the $150,000 with the school. Then Mr. Murray and the force account crew
said they thought it would cost about $59,000 and the Council voted to do that.
He said that the Ozarka Lodge easement wasn’t in hand until March 1, and the
deadline was that the City be finished and out of there by March 15th. Mr.
Murray asked for an extension and was given until March 25th and it actually
was finished on March 22nd. All of the easements are not in for that project.
As to the Avo St. project, which is to sewer the Hylander area, Mr. Murray said
he remembered that the Council agreed to spend $35,000 on the City’s part of
that project. That will be 8'' line. The State ruled that the City has to be
responsible for any lift stations whose effluent lines cross private property.
The Hylander said that they could go ahead and bore across the highway out of
their lower driveway, and just gravity over to the existing sower, which would
do (lie City no good. Any buildings or new construction in that area would have
to have lilt stations to get over to that part of the Hylander property. It is
in the best interests of the City to put a gravity line in down low on that
piece of property and not have to be responsible for any lift stations there in
the future which would mean a life-time commitment by the City to maintain.
Mr. Murray said that
just a few weeks ago the City received the easement and that they have put the
bore in under the highway, heading in the right direction. The Hylander would
have liked to get on City sewer before the season starts. After some
discussion, the Council decided that the $35,000 was the amount that had been
set aside for the west side sewer lines only.
Mr. Murray said that
he uses Mr. Richards because he always delivers on time, does good work, and
comes in up to 30% less than the estimate. He also drops whatever he is doing
to get a job done for the City. He said that the Avo St. project could go over
the estimated cost, because they hit rock. It is hard to tell at this point.
Mr. Young then read
Ordinance #1695. Alderman Seratt made the motion to approve. Alderman Jeffrey
seconded.
Mr. Murray said that
in construction, rock costs what it costs to haul it out of the way. The
cost so far, is $11,000. Another long discussion followed. Mr. Murray said he still feels the Avo St.
project will still come in under or by the amount
6
EUREKA
SPRINGS CITY COUNCIL MEETING
TUESDAY, March 26,1996 113
Alderman Earngey said he cannot yote for an emergency clause because it
isn’t an emergency. Mr. Murray said it is an emergency because contractors need
to know the time frame when they do a job. Mr. Miner said that if it were not
an emergency, he wouldn’t have written the ordinance with an emergency clause.
Alderman Earngey said that he did not see an emergency and would not vote for
the emergency clause. The discussion went on for a long time.
Alderman Seratt said that since all of the Council was not present, she
would hate to see the ordinance tail for lack of votes, so she made the motion
to postpone until the April 9th meeting, with more discussion at the April 2nd
meeting. Alderman Earngey seconded. All were in favor, 4/0/0.
7. Ordinance #1696, An Ordinance
Waiving Comptetitive Bidding for the
Highway 23 Sewer Project and Declaring an emergency:
Alderman Seratt made the motion to postpone Ordinance #1696 until the
April 9th meeting. Alderman Earngey seconded. All were in favor, 4/0/0.
ADMINISTRATIVE ASSISTANTS REPORT:
Mr. Young said that the State had set a recycling goal of 30% and
Carroll
County has already reached 38%. That is something to be proud of. He
will
have more information at the next meeting.
DEPARTMENT REPORTS:
Administration Department: Alderman Earngey: Said the City will be
bringing up the Cafe Santa Fe lease renewal at the agenda-setting meeting.
Police Department: Alderman Seratt: Chief Stitz said that a discussion
of the building will be brought up at the agenda setting meeting.
Public Works: Alderman Jeffrey: Mr. Jeffrey proposed that the Council
approve John Kessler, Jr., who is now a temporary employee, to regular status
and that his rate of pay be raised from $6 to $6.20 effective 3/26/96. He will
work in the area of wastewater treatment plant operator. He has been a
temporary employee since February 22 and has proven himself to be a valuable
asset. Alderman Earngey seconded. All were in favor, 4/0/0.
Alderman Earngey asked that we set meetings for the Transit Department
and the Highway Department.
COMMISSIONS, COMMITTEE, AND AUTHORITY REPORTS:
Cemetery Commission: Position #4, Mr. Duffey resigned. Mayor O’Harris
recommended Shirley Cantrell for position #4. Position #5, Mr. Richard
Smith, was approved by a roll call vote, 4/0/0.
Historic District Commission: Mayor O’Harris had recommended Mr. Frank
Green, Jr., Position #3. The roll was called and all were in favor, 4/0/0.
ANNOUNCEMENTS: Public Hearing, Thursday, April 16, 1996 at 6:30 p.m. The
subject is Proposed Solid-Wastes Rate Increase.
A public hearing is also set for May 7th at 6:30 p.m. to discuss the
yellow trash bags.
Alderman Seratt mentioned some research she has done on what other
waste-haulers in the county are doing. Also, she said that tags could be used
instead of the yellOw bags. Mayor O’Harris said that the yellow bags are really
tough and hold up well. There will be more discussion on these subjects at the
Public Hearings.
Alderman Seratt made the motion to
adjourn. Alderman Jeffrey seconded.
All were in favor, 4/0/0. The meeting was adjourned at 12:15
p.m.