TUESDAY, MAY 13, 1997
9:00 AM
AGENDA
CALL TO
ORDER
ROLL
CALL, ESTABLISHMENT OF QUORUM
PLEDGE OF
ALLEGJANCE TO THE FLAG
APPROVAL
OF THE AGENDA:
APPROVAL
OP THE MINUTES Regular Meeting April 22, 1997
OLD I3USINESS
1. Ordinance No.
1700-A to amend Ordinance No. 1700, Zoning, (First Reading)
2. Authorizing for
signage to Historical District at 23 N at Planer Hill, Committee Report
3. Authorization to
blast at the construction site, Red Carpet inn, Highway
62 East
4. Ordinance No.
1759, annexation of Mr. Charles Cross Property, Mr. L.
Epley, (First. Reading)
5. Shores Water
Agreement, Mr. Haynes
NEW
BUSINESS
I. Ordinance No.
1755, Vacating portions of Crook and Cliff Streets. Mr. A. Eptey, (First
Reading)
2. Resort
Association, Ms. Sumpter
3. Annexation of Lake
Leatherwood
4. Ordinance No.
1758, relating to Fire and Ambulances, (First Reading)
5. Parking Authority, Mr. Shrum
6. Transit
Department, Personnel policy waiver
7. Authorization to
close Spring Street from Center to Mountain for the Blues Festival, May
30 and 3 1, 1997
8. Freeman Waste
Management Mr. Casteel
9. Closing of Parking Lot by the Auditorium 5-17-97 for (lie Arts & Craft Show, Chamber of Commerce.
MAYORS
COMMENTS
ADMINISTRATIVE
ASSISTANT’S REPORT:
COMMISSION,
COMMITTEE, AND AUTHORITY REPORTS:
I. Auditorium
Commission, Position I, expires August 11, 201)0; Position 3 expires July 11,
1997; Position 7 expires July 11, 2001.
2. C.A.P.C.
Commission,
3. Cemetery
Commission,
4. Historic District
Commission.
5. 1-lospital
Commission,
6. Parking Authority
7. Parks and
Recreation Commission for position I, expires May 20(12;
Position 5, expires May, 2001
8. Planning Commission
9. Carroll County
Solid—Wastes Authority
10. Four—County Solid—Wastes
Management District
11. Eureka Springs
Solid—Wastes Advisory Coniniittee
12. Tourism Advisory
Committee:
ANNOUNCEMENTS
CITY OF EUREKA
SPRINGS
REGULARLY
SCHEDULED COUNCIL MEETING
MAY 13th, 1997
Mayor Barbara
O’Harris called the Council Meeting to order at 9 a.m. on
Tuesday, May 13th,
1997, in the jury room in the Western District
Courthouse.
PRESENT:
Mayor O’Harris,
Alderwomen Dickens, Seratt, and Watson, and Aldermen
Christman, Jeffrey
and Freeland.
ALSO PRESENT: Pam
Bennett, Mike Dixon, Cheri White, Cindy Sumpter, Alan Epley, Lewis Epley,
Charlie Cross, David McNeal, Earl Hyatt, Sandy Latimer, Rick Freeman, Don
Young, Don Matt, Jay Miner and Clerk Lee.
PLEDGE OF ALLEGIANCE
TO THE FLAG:
Mr. Young led in the
Pledge of Allegiance.
Mayor O’Harris
announced that we have a new Arkansas State Flag in the council room.
APPROVAL OF THE
AGENDA:
The motion was made
and seconded to approve the agenda. All were in favor, 6/0/0.
APPROVAL OF THE
MINUTES:
Regular Council
Meeting, April 22nd, 1997:
The motion was made
and seconded to approve the minutes of the April 22nd Council meeting. Mr.
Jeffrey had come in earlier, and helped the
clerk to clarify a
discussion on page 4, concerning Lake Leatherwood Dam and keeping it clear of
vegetation. The clerk put a correction page 4 in all of the boxes before the
Council Meeting. The vote to approve was 6/0/0.
OLD BUSINESS:
1. Ordinance #1700-A
to amend Ordinance #1700, Zoning, (First Reading):
The motion was made
and seconded to place Ordinance #1700-A on its first reading in its entirety.
Mr. Young began
reading, and due to the length of the ordinance, some of the council members
read parts of the ordinance.
The motion was made
and seconded to approve the first reading, and by roll call the vote was 6/0/0.
The motion was made
and carried to amend the agenda so that Attorney
Lewis Epley’s and
Attorney Alan Epley’s items could be heard. By roll call, the vote was 6/0/0.
2. Ordinance #1759,
annexation of Mr. Charles Cross’ property, Mr. Lewis Epley, (first reading):
The motion was made
and seconded to place Ordinance #1759 on its first reading in its entirety. All
were in favor, 6/0/0.
Mr. Young read the
ordinance in its entirety.
The motion was made
and seconded to approve the first reading and by roll call the vote was 6/0/0.
The motion was made
and seconded to suspend the rules and place
Ordinance #1759 on
its second reading by title only. By roll call, the vote was 6/0/0.
Mr. Young read the
ordinance by title only.
The motion was made
and seconded to approve.
Mr. Jeffrey said that
water and sewer lines already run close enough to hook into tributary lines.
CITY OF EUREKA SPRINGS
REGULARLY SCHEDULED COUNCIL MEETING 271
MAY 13th, 1997
The vote was 6/0/0 in favor.
Mr. Epley ascertained that he only need attend the next Council Meeting,
which will be held May 27th, 1997, for the third reading of the ordinance.
3. Ordinance #1755, Vacating portions of Crook and Cliff Streets, Mr.
Alan
Epley, (first reading):
The motion was made and seconded to place Ordinance #1755 on its first
reading in its entirety. All were in favor, 6/0/0.
Mr. Young read the ordinance in its entirety.
The motion was made and seconded to approve. The vote, by roll call, was
6/0/0.
The motion was made and seconded to suspend the rules and place Ordinance
#1755 on its second reading by title only. By role call, the vote was 5/1/0,
with Alderman Freeland voting no.
Mr. Young read the ordinance by title only.
The motion was made and seconded to approve the second reading. All were
in favor, 6/0/0.
4. Signage to the Historical District, top of Planer Hill:
Mr. Runge has not made his decision as to whether to let the City put a
sign pointing out the Historic District on his property as yet. The Council
will receive a report as soon as he lets the City know.
5. Authorization to blast at the construction site, Red Carpet Inn,
Highway 62, East: At this time there will not be any enlargement of the parking
lot, nor will a pool be built. All that will happen now is to remove rock, and
add fill to keep the existing parking lot from sliding any further down hill.
The other items will be done when the proper permits and approval takes place.
The motion was made and carried to approve the blasting. By roll call, the vote
was 6/0/0.
6. Shores Water Agreement, Mr. Haynes:
Mr. Miner said that he felt that any time the City can enter an
agreement that will bring in revenue at no cost, they should do so. There is no
cost to the City in this agreement.
The motion was made and seconded to approve the Shores water agreement.
Alderman Jeffrey said that when the people tried to get water from
wells, they ran into hydrogen sulfide, which is smelly and unpleasant and
costly to clean. This is the most reasonable solution for them.
Mr. Young said that Kirby Murray had checked with Harrison to see what
they charged in a comparable situation. The agreement seems to be fair to both
parties.
Mr. Miner said that the water system from the lake through Eureka
Springs, Berryville, Green Forest to Harrison is a great system. Harrison has
allowed this in a similar situation. Anytime the City can benefit from an
agreement, we should.
By roll call, the vote was 6/0/0, in favor.
NEW BUSINESS:
1. Resort Association, Cindy Sumpter:
Mrs. Sumpter said that the first year, they sold banners to make the
town look festive for the Fourth of July. They discovered that selling the
banners is a good fund raiser, also, and they want to do it again this year to
help raise money for the Freedom Concert and the Lazer Light Celebration. They
asked that the Council give permission for the banners and swags to be up from
June 28th through July 13th.
The motion was made and seconded to approve, and the vote was 6/0/0.
CITY OF EUREKA SPRINGS
272
REGULARLY
SCHEDULED COUNCIL MEETING
MAY 13th, 1997
2. Lake Leatherwood
Annexation:
The motion was made
and seconded and it was approved, 6/0/0, to have Mr.
Miner take the next
step which is to file a petition with the County. He
wants to be positive
that the Lake Leatherwood Reservation, owned by the
City, is contiguous
to the City Limits, before he proceeds.
3. Ordinance #1758,
relating to Fire and Ambulances, (First Reading):
The motion was made
and seconded to place Ordinance #1758 on its first reading in its entirety. All
were in favor, 6/0/0.
Mr. Young read the ordinance
in its entirety.
The motion was made
and seconded to approve. It was explained that some things have gone up, but
there is only one fee now, instead of two. The wholesale costs have not been
changed, and the night differential fee is eliminated.
By roll call, the
vote for the first reading was 6/0/0.
The motion was made
and seconded to suspend the rules and place
Ordinance #1758 on
its second reading by title only. By roll call, the vote
was 6/0/0.
Mr. Young read the
ordinance by title only.
The motion was made
and seconded to approve. The roll call vote was
6/0/0.
4. Parking Authority,
Mr. Schrum:
Mr. Schrum was not
present. The only thing the Parking Authority wanted, other than to let the
Council know what their plans were for 1997, was that they would like Public
Works to help clear the North Main Lot. Council voted to postpone the subject
to the May 27th Council meeting. By that time, Mr. Schrum will be able to give
the Council a report on how much work needs to be done.
5. Transit
Department, Personnel Policy Waiver:
The motion was made
and seconded to approve the husband and wife working for the same department.
Questions were raised
about how the Chamber could stop paying someone if it was in their contract
with us to pay her.
The motion was made
and seconded to postpone until the May 27th meeting, with discussion at the
Agenda-setting meeting to hear more about why the Chamber had stopped paying
her. All were in favor, 6/0/0.
6. Authorization to
close Spring Street from Center to Mountain for the Blues Festival, May 30 and
31, 1997:
This is what the
Council approves every year. The motion was made and seconded to approve. Chief
Hyatt asked that this be done. The roll call vote was 6/0/0.
7. Closing of the
Parking Lot by the Auditorium May 17 & 18, 1997 for the
Arts and Crafts Show,
Chamber of Commerce, Pam Bennett:
The motion was made
and seconded to approve. All were in favor, 6/0/0.
8. Freeman Waste
Management, Mr. Casteel:
Mr. Casteel was in
court, so Mr. Freeman spoke for his business. He asked for a 12% increase in
rates across the board. He explained the increases that have happened since the
contract started. He said the only increase that the company asked for was a
12% increase, which they asked for last year. At that time, the Council allowed
his company to raise commercial rates 8%.
CITY OF EUREKA SPRINGS
REGULARLY SCHEDULED COUNCIL MEETING 273
MAY 13th, 1997
The City’s position
is that there is no reason given that fits the reasons in the contract that would
allow an increase. The City wrote the contract in good faith, without trying to
hurt anyone. There simply isn’t anything in the contract that would justify an
increase. Mr. Murray wrote a letter saying the same thing.
Alderwoman Dickens
made the motion that the Council grant Freeman’s the 12% increase for both
commercial and residential for the duration of the contract, which is
approximately another 8 months. The motion died for lack of a second. It killed
the discussion.
MAYOR’S COMMENTS:
The Mayor complimented
the May Fine Arts Festival people on the Arts are
Outrageous parade. It
was fantastic. It was a tribute to Eureka Springs.
The Mayor passed out
Chance Coach magazines. We were written up there. The little magazine goes out
all over the world which is certainly good for the City.
Sandy Latimer brought
an engraved brick which will be laid in the Pathway of Love. The Holiday
Promotion Association is in their fourth year. They were formed for the purpose
of promoting November and December here in Eureka Springs. Traditionally, for
years, the town shut down and everything was closed by November 1st. The idea
is to raise funds for the Holiday Promotion Association. To do that, the group
has come up with a fund raiser to build a Pathway of Love on the dirt area in
front of the Band Shell in Basin Park. Bricks can be bought to commemorate any
occasion; births, in memory of, marriages, or even the week end “we visited”
here. Each engraved brick is $50 plus any tax that must be charged. It is for
individuals only, with a 100 year guarantee that they will hold up. The bricks
will be laid 200 to 250 at a time and they will be laid on the dirt areas in
the parks. The group has gotten the support of all the necessary entities to do
this. To buy a brick, contact the HDC, the Chamber, or the Holiday Promotion
members, or Sandy.
ADMINISTRATIVE
ASSISTANT’S REPORT:
Mike Dixon was
present and Mr. Young presented an award from the Arkansas Water Environment
Association. It was a commendation for excellence of operational service to the
public for the year 1996. Mr. Dixon has been on the program every year for the
last four years to hold a class when he is at state and is already on the
agenda for next year.
Channel 29/40 Doplar
radar is new. It is out on Highway 65 about half way across the Boston
Mountains. It is a sophisticated radar, that is efficient for storm reporting.
It will track a storm and tell you right where it is going to be.
Mr. Young went to
Little Rock to a seminar on census recording. The year 2000 is coming up. Be
prepared for things to be done differently this time. An annual report on
census will be available for smaller cities by the year 2008. Census is done
every 10 years.
March Sales Tax: We
were up 21.96% in March. For the year, we are down 2.80%.
Chief Hyatt would
like to hire an individual to replace Randy Sellars. There were eight
applications. Some were experienced and certified police officers, but they did
not seem suitable for our needs. The person he would like to hire is not
certified but will go to school to be. His name is Paul Base, and he is
personable, professional, and very nice to deal
274
CITY OF EUREKA SPRINGS
REGULARLY SCHEDULED COUNCIL MEETING.
with. He will ride with senior officers to learn the town and how we want to do things. He will learn Arkansas law and Municipal code. He has a lot of work to do and will know more before he goes to the academy than they will teach him. In house training is held often at the Police Department. The motion was made and seconded to approve Paul D. Base as a new hire for the Police Department, because of Earl Hyatt’s endorsement. The roll call vote was unanimous, 6/0/0, to approve.
Marji
Anderson’s time is up on Position 1 of the Parks & Recreation
Commission.
She has graciously agreed to serve another term.
The
motion was made and seconded to approve Marji Anderson for another
term. The
vote was 6/0/0.
The Mayor
had proposed Lavenya Schenck to serve on the Parks and
Recreation
Commission in Position 5, and had given her extensive resume’
to the
Council.
The
motion was made and seconded to approve Mrs. Schenck. The vote was
6/0/0.
The Mayor
asked the Clerk to make sure the Council had a copy of the letters that went
out to the Parks and Recreation Commission members and the Auditorium
Commission members.
Mr.
Freeland asked when the Council would start seeing figures for the budget
review in July. The Mayor said after the Council gets back from Municipal
League in June.
The
motion was made and seconded to adjourn. All were in favor, 6/0/0. The meeting
was adjourned at 11:10 a.m.
APPROVED:
Barbara A. O’Harris, Mayor
ATTEST:
Mary An Lee, City Clerk—Treasurer
CITY OF EUREKA
SPRINGS
COUNCIL MEETING
AGENDA
9:00 AM
AGENDA
CALL TO ORDER
ROLL CALL, ESTABLISHMENT OF QUORUM
PLEDGE OF ALLEGIANCE TO THE FLAG
APPROVAL OF THE AGENDA:
APPROVAL OF THE MINUTES: Regular Meeting May 13, 1997
OLD BUSINESS
1. Ordinance No.
1700-A to amend Ordinance No. 1700, Zoning, (Second Reading)
2. Parking Authority,
report, Mr. Shrum
3. Authorizing for
signage to Historical District at 23 N at Planer Hill, Committee Report
4. Ordinance No. 1759,
annexation of Mr. Charles Cross Property, Mr. L. Epley, (Third Reading)