CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES 485

FEBRUARY 18,1999

The February 18th 1999 meeting was called to order at 7 p.m. Mayor Beau Satori

presided over the meeting, which was held in the Courtroom of the Western District

Courthouse.

PRESENT: Mayor Satori, and Alderpersons Jeffrey, Stoppel, Taylor, Schrader, Sumpter, and Freeland.

ALSO PRESENT: Robert McVey, Alan Long, Sue Ely, Kirby Murray, Kathie Alway,

Jack Muzio, Royal Alcott, Terry McClung, Ashley Lechtenberger, Nikki Salazar, Kim

Dickens, Tom Laub, Butch Berry, Stanley Shaw, K. J. Zumwalt, Clarey Perez and Clerk

Lee.

PLEDGE OF ALLEGIANCE: Ms. Dickens led in the Pledge of Allegiance.

APPROVAL OF THE AGENDA: Alderman Jeffrey commented that there should be place on the agenda for Council Comments. Mr. Laub said that there could be no action taken at that time but otherwise a subject could be commented upon. The motion was made and seconded that City Council Comments be added right after Mayor’s Comments.

All were in favor, 6/0/0.

The motion was made and seconded to approve the amended agenda. All were in favor, 6/0/0.

APPROVAL OF MINUTES: The motion was made and seconded to approve the City Council Minutes of the special meeting held on January _28th, 1999. All were in favor, 6/0/0.

The motion was made and seconded to approve the City Council Minutes of February ₄th 1999. Alderman Schrader did some editing of the list of attendees, and he said that on page four, fifth paragraph, some of the roll call vote was not noted. Also, on page five, he asked that the cost of the land use attorney be listed. Alderman Sumpter asked that on page six, the very top of the page, that the concerns of Mr. Schrader’s Resolution be listed before his statement is made. The corrections were duly noted.

The motion was made and seconded to approve the minutes as amended. All were in favor, 6/0/0. The clerk was asked to E-mail the amended minutes to the Council and also to mail them to Mr. Schrader.

Mayor Satori said that State Law required the State of the City Address was to be presented at the second meeting of the year. That is why he gave an informal address then. He felt, however, that the real address was at the present meeting, because the real birthday of Eureka Springs, was February 14th_, 1880. The State of the City Address will follow these minutes in the minute book, for the record.

UNFINISHED BUSINESS:

Council Procedures for 1999, Televise Parking Authority:

Alderwoman Taylor made the motion to televise the Parking Authority Meetings.

Alderman Schrader seconded. All were in favor, 6/0/0.

Restructuring the City’s Information Channel 5 (Don Matt):

Mr. Matt reported that at this time, what we have is the best we can hope for. It will take

quite a bit more equipment than the City has to add much to the channel at this time.

The City doesn’t have enough room to store more equipment if we had it.

This Channel goes into every tourist lodging and residence in the community. There could possibly be a program formulated that would take tourist information and special information about the town into those areas of our community during the day. Then, the meetings could be televised in the evening hours. Once a meeting room is set up it will be a lot simpler, because the equipment will not need to be broken down and set up each time. Also, the CAPC may have some advertisements of the City from our ad agency that could be played.

The City could play meetings around the clock if we had enough decks. As it is, someone has to switch tapes, and a certain amount of maintenance is involved to do what we are doing now.

If we are talking about public access it is a whole different project. You are talking about much more sophisticated equipment, personnel, and the liability to the City. It should be studied to find out how much money would be involved. The City can plan towards this.

Alderman Schrader said that some of the input he has received suggests that the studio be in the Auditorium. There was quite a lot of discussion. It was established that Don Matt is the only person responsible for the channel now, and when there are less time constraints, he can keep better track of what needs to be removed and added.

Alderman Jeffrey said that he feels that this subject should be studied carefully and that a task force should be formed because there may be an area of expertise that will have to come from another source. It is a complex subject. We are a small town with limited resources, and we could easily get in over our head.

Purchase of new trolleys, Charles Fargo

Lisa Liggett addressed the issue. In November of 19~~ the State Highway Department~~~~~~~~~~~ missing portion

CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

FEBRUARY 18, 1999

Purchase of new trolley, Charles Fargo:

Lisa Liggett addressed the issue. In November of 1998, the State Highway Department contacted the Transit Department and let them know that grants for a new trolley are available, and that they would fund up to $250,000, and the $40,000 plus would be provided by the City. the Council approved it with the understanding that the City could sell vehicle #1. The Transit Department has put it out for bid twice this year and the best bid has been $36,000. That will not pay for the City’s share of the trolley. The State has been notified that we would accept the grant under those conditions. Ms. Uggett has someone that is interested in the trolley. They just could not come in under the deadline for the bid. Does the City want to go ahead with this?

Several questions came up, such as: How does the Transit Department come up with the price to sell the vehicle for? The answer is that they figure according to the year and the mileage of the vehicle. Also, the trolley to be sold is generally used when they need an extra vehicle when it is extremely busy. Vehicle #1 was new in 1984. and was retired in 1993. The State retires them when they reach a certain mileage. The vehicles are kept by the department to use as extra vehicles. The Transit Department has always taken advantage of these grants when they could. There is no guarantee that the grants will always be around, and the equipment needs to be upgraded whenever it is possible. Alderman Sumpter made the motion to guarantee the balance of the cost of the trolley and to keep Vehicle #1 in case we need it for another year.

Alderman Jeffrey seconded. The unanimous vote was 6/0/0.

Public Restroom/ Modifying Parks Responsibilities, Nikki Salazar:

The Council had added a certain amount of money to the Parks, thinking they could hire another person, and part of that person’s duties would be to clean the restrooms at Pendergast Corner. The Parks declined, on the grounds that it does not fall under their jurisdiction. After much discussion, Alderman Stoppel made the motion to direct Ms. Dickens to draw up some kind of job description. Alderwoman Taylor seconded. All were in favor, 6/0/0. Alderman Schrader said that obviously, the Parks & Recreation Commission does not want the job. The Auditorium could do it also.

The motion was made and seconded to take a break. All were in favor, 6/0/0. The meeting was recessed at 9:25 p.m., and reconvened at 9:35 p.m.

There was no new business.

The television sound went off at this time. Mr. Matt stated that this might be a comment for new equipment. He got the television sound back on.

CITY COUNCIL COMMENTS:

Alderwoman Taylor brought up the speeding problems. She saw an article in the Morning News about a company that will loan the City a machine that tells the police how fast a vehicle is going. They are doing this as a community service. You can put it on any road and it will clock the speed of anyone going by. They will loan it to us for a month. This developed into quite a long discussion.

Alderman Jeffrey left at 9:55 p.m.

Mayor Satori said he would have Chief Hyatt contact the company and find out if it will be something that can work for us.

The discussion continued until finally Alderman Sumpter said that Council Comments should be comments, not long discussions.

It was discussed that having four meetings a month instead of two might alleviate some of the late meetings, and Mayor Satori said the meetings would be just as long.

COMMISSION, COMMITTEE, AND AUTHORITY REPORTS AND VACANCIES:

CEMETERY COMMISSION: Positions 4 & 5 expired on February _15th, 1999. The

Mayor suggested Jane LaRue for Position 4 and Joe Head for Position 5.

Alderman Stoppel made the motion to approve Joe Head for Position 5. Alderwoman

Taylor seconded. All were in favor, 5/0/0.

Alderwoman Taylor made the motion to approve Jane LaRue for Position 4. Alderman

Schrader seconded. All were in favor, 5/0/0.

PLANNING COMMISSION: The Mayor had appointed Elaine VanNatta for Position 1, which expires on July 1, 1999. Alderman Freeland made the motion to approve and Alderwoman Taylor seconded. The roll call vote was 4/1/0, with Alderman Sumpter voting no.

Alderwoman Taylor made the motion to approve Royal Alcott for Position 6, which expires January 1, 2001. Alderman Schrader seconded. All were in favor, 5/0/0.

CITY ADVERTISING AND PROMOTION COMMISSION:

Alderman Schrader made the motion and Alderman Freeland seconded that Calvin cotton be approved for position 1 on the CAPC. The roll call vote was 4/1/0, with Alderman Sumpter voting no.

Alderman Schrader made the motion and Alderman Freeland seconded that Sue Ely be approved for position 3 on the CAPC. The roll call vote was 4/1/0 to approve with

CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES 487

FEBRUARY 18, 1999

SOLID WASTES ADVISORY COMMITTEE:

Alderman Sumpter nominated David Stoppel to be the Council Representative to this committee. Alderwoman Taylor seconded. All were in favor, 5/0/0. This committee meets once a month and its purpose is to hear any problems that need to be settled between the solid wastes collectors, and the customer.

The motion was made and seconded to adjourn. All were in favor, 5/0/0. The meeting

was adjourned at 10:50 p.m.

ATTEST:

1999 State of the City Address, Mayor Beau Satori:

This address was given during the February 18th, 1999 Council Meeting.

The Mayor said that State Law requires that a State of the City Address be given at the second meeting of every year, which was January 21, 1999. He gave an off the cuff description of where the City was at that time with promises to give a more substantial report during this meeting.

One of the reasons he wanted to do this was he was in the process of researching the actual origin of the incorporation of the City. It was believed for some years that the actual date was Valentine’s Day, but he wanted to pursue it. The Clerk and Deputy Clerk found papers and copies of papers from 1966, and he went to the vault in Berryville and found the handwritten version of our incorporation papers dated February 14, 1880. A petition to incorporate the City was presented and filed on January 9, 1880, with 20 signatures. He has not located the petition. There was a map left on his desk that was a photo image of 1849, and it was a hand written map of all of the creeks in the City, and where everything was in the undeveloped area that we know of as Eureka Springs.

The City could make copies of that if anyone is interested. The one thing that stood out was that Leatherwood Creek was described as Deer Creek, East and West. They all came together to what we know now as Leatherwood Dam.

Another reason for wanting to confirm the definite date for incorporation was because it was the Mayor’s desire to dedicate his term of office to the memory of Dr. Charles Davis.

Dr. Davis, his wife Mena, and his daughter Crystal moved to Eureka Springs in 1881, and built the home at #4 Crystal Terrace. Dr. Davis was involved in the purchasing, development and design of the City’s original water system, and the purchase of the original equipment for the Fire Department. He drew the bridges across the Kings and Osage Rivers. He laid out the road from Eureka Springs to Berryville, which was essentially the Berryville Turnpike. The Mayor has all of the original drawings in pencil of the bridges, and all of the reports from Tulsa that helped him to design and draw the bridges. Some of the bridges are still in existence.

Dr.

Davis was also involved with Powell Clayton in the location of the Crescent Hotel. The original site was where the library is now. Dr. Davis persuaded them to move to the top of the mountain, and pipe the water up from Crescent Spring. Part of his involvement there led to his daughter, Crystal, being a regular performer at the Crescent Hotel Ballroom. It was named after her.

Dr. Davis was born in Michigan on Valentine’s Day in 1844, graduated from medical school in 1874.

Updates on Departments:

The Water Department is under the Direction of Kirby Murray. We have established storage for 24 hours of drinking water. The City has located fire hydrants within 500 feet of every building in the City. The City is facing increased water costs because of our contract with the Carroll Boone Water District. The City has not increased our water rates since 1988. The City is working on a new ordinance concerning the selling of water outside the City. There are groups that are interested in buying our water.

The Sewer Department is not in as great shape. There are three main projects that must be done this year. Because of the referendum election on wastewater rates last year, the City is having to restructure and rethink how this is going to be done. The City must comply with the demands of the Arkansas Department of Pollution Control. The cost of the projects that the City must do is $2.6 million. There will have to be wastewater increases, to help accommodate these projects. The Task Force will also be looking into alternative methods to our wastewater treatment. The three projects that must be done are the construction of nitrate/nitrite filters; the composting project must be increased in size to accommodate the amount of sludge that will be increasing; and the sewer line that runs from the Grand Central Hotel to the train station has to be replaced with a larger line. With all of the tightening up of our sewer collection system, the lines must be enlarged. It is essential that we do that right away, so that the State Highway Department can come in and restructure Highway 23 as it goes to the train Station and to the top of Planner Hill. Almost more important than these three projects is the fact that the

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488 COUNCIL MEETING MINUTES

FEBRUARY 18, 1999

City is faced with almost 100 separate leaks of sewage in the private sector. Every five years, the City does smoke tests. Each time it is the same group of properties that show up leaking sewage. The individual property owners are not having the lines repaired. This must be done this year. If you are one of the property owners, and you are truly interested in the quality of our water, this must be done this year. The Mayor said there will be much more strict code enforcement this year.

Street Department:

The street repairs being done by the State Highway Department are finished. The sidewalk remains to be done. It is a point of debate between the State, the County and the City. The sidewalk will be six feet wide for easier walking. Plans have been drawn up for the parking lot around the Courthouse. There will be no parking places lost and it will be a better presentation. The two parking places in front will be removed to plant two nice trees, and there will be some landscaping done. The City will continue to address potholes and repairs as they do each year. There is one big project that is planned this year. Grand Avenue will be constructed and paved. The entrance will be different, and it will be paved all the way through to Dairy Hollow. That will give us a north to west thoroughfare in that area, for those who want to avoid the downtown traffic.

EMS and Fire Department:

We have eight full time employees and a new chief. There has been a long discussion about reductions in their budget and possible reductions in their response time. It has been worked out. The City has a top quality Emergency Services and Response Team. We intend to keep our standards high.

Police Department:

Again, the City has eight officers and the Police Chief and nine patrol cars. That is quite a department for a City of this size. We can be very proud of our Police Department.

The need of the Department is a new building. The City is looking into that, and several plans have been considered. When the new CAPC meets, the Mayor will ask them to consider looking for a new location that is more visible. It was suggested in the LARC study. That building could be used for the Police Department. It is owned by the City.

Hospital:

The new Clinic is continuing to be established. Construction of a new hospital is still being discussed.

There are no definite plans at this time. It is the hope that we could see this sometime in the near

future.

Cemetery Commission:

After much debate the City increased the budget for the Commission. There are new commissioners and there is a lot more quality interest in the cemetery. There is additional acreage that is being looked at to expand the cemetery. It is almost an attraction in itself.

Planning Commission:

It is in a state of reorganization. They will be taking on new responsibilities. They will be asked to develop a more comprehensive master plan for the City. The City will be asking the commission to sharpen their skills in this area, so that they will be more than just a judge and jury for everyone’s variances and requests for exceptions, but will start applying a vision for development.

Historic District Commission:

Again there is a new correction in the Historic District Map. The new map includes the depot, and expands farther east. Included now on the South East corner, are the Holiday Inn Express, Forest Hill Restaurant, and Holiday Plaza. It will also include the Inn of the Ozarks, Black Bass Lake, Bunch’s Quick Chek, and Harts. This is the map we were recently given from the Department of the Interior when we were accepted on the National Register of Historic Places. There will be a lot more discussion and debate now that these areas are recognized as being included in the Historic District. The City has not expanded the Historic District. They have more carefully defined the area that was described in 1970. By this definition the duties of the HDC are expanding. The HDC and the Planning Commission are there to safeguard our property values and quality of life. Every effort that the citizens can make to understand and comply with the requirements will make it easier on the commissioners who serve us.

Transit Department:

It has been brought to the Mayor’s attention that Charles Fargo has resigned as Director of Transit. He is willing to continue as a City employee and a driver and will be available as an advisor. His continued Involvement is certainly appreciated. He said the City is fortunate to have Lisa Liggett who has acted as his assistant for several years. So these people’s expertise will not be lost. When Charles Fargo took over, the City had something like $5000 in rolling assets at that time. Right now, the Transit Department has something like $2 million in assets. We can be very proud of the assets of our City.

Auditorium Department:

The Mayor said he would like to see the CAPC take over responsibility for the Auditorium, It can’t be addressed until the CAPC is able to meet and address some of these things. They have it within their budget to address their air conditioning problems. There should be events there on a monthly basis. He feels that it can become self-supporting within this next year. It should not be drain on the City or the CAPC. It has the power to bring in its own revenues. It needs the vision to get to that capability.

City Advertising and Promotion Commission:

The Mayor intends to persuade the Commissioners to make certain changes in the marketing and promotion of the City. He said his ideas are suggestions and advice not dictates.

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COUNCIL MEETING MINUTES 489

FEBRUARY 18, 1999

Parks and Recreation Commission:

They have their own source of revenue plus they have the support of the CAPC and the support of the City. The money raised in tax revenue is for the building and development of the Sportsplex. A lot of the Citizens haven’t gone out and explored Lake Leatherwood. There are trails, the Beachum and Fuller Trails, and they have remodeled their main office. They have remodeled their cabins, and some of our citizens might want to go out and have a “get-away” some week-end. He said friends and he took a seven mile hike and never left the city limits. He said the quality of scenery was great. It needs to be marketed so that more people can take advantage of the park. He said this time of year is perfect for hiking when the days are nice.

Within their budget, they have maintenance and capitol improvements planned for most of the spring reservations in the City. They are committed to making them attractive because of their high visibility in the City. One area that is lacking in attention is the Black Bass Lake. One of the reasons that it has not been addressed is because the dam itself needs some serious repair. It is a big project and is almost as much of a challenge as Lake Leatherwood, although there are only about 40 acres there. One of the things the Mayor would like to do is this spring organize a Black Bass Lake cleanup. We can’t clean up all of it at once, but we could clean up the tires. The gas stations lining the highway had a bad habit of just pitching them over the embankment. There is no way that this could be addressed without the help of the citizens. Cash prizes and canoe prizes will be available for whoever collects the most tires. There will be new developments for Harmon Park. There is quite an extended acreage there. Parks and Recreation have a big job ahead of them.

One way in which the Mayor would like to encourage greater participation in development and improvement of Eureka Springs, is initiating what he is calling the Dr. Charles Davis Challenge 2000. For those of the community who would like to accept this challenge, this is a method recognizing the contributions of volunteers and the donations of citizens and people outside of our community to the development of our city. Our Museum has need of our support. They are rebuilding the Cora Pinkley Call cabin and some of their other developmental projects. The Library has expansion needs. They have need for volunteers, for donations and for cash contributions. The City as a whole has needs. The Dr. Charles David Challenge 2000 will be a method by which over the next couple of years volunteers will get a record of their time from whichever entity they are working with, to keep up with the amount of time donated. This could be considered a donation by the amount of money one would ordinarily be paid for their time for any given job. The challenge is to donate either time or money to total $2000, over the next two years. Once the method is organized by which you Sn volunteer, it can and will make a serious difference for our City.

The Mayor mentioned the SWEPCO cutting of trees. It was a big disappointment to see so many trees gone, that have been landmarks. He met with SWEPCO and told them that they were not to remove any more trees, and that if the trees interfered with the power lines, they should bury the power lines. He said that the utility lines should be buried and he has instructed the company to make immediate plans to start burying existing utility lines. If the City can convince the utilities to bury their lines it would go a long way to add to the ambiance of this City.

The Mayor said he has just skimmed the surface of what goes on in the City. It is amazing the depth that exists. He invited the community to continue to give input. He said it is important that we don’t complain to one another but make the City aware if there is a problem. The City is keeping a list so that problems within the City are addressed. He promised that the Council and the Administration would do their best to prepare for the new century.