CITY OF EUREKA SPRINGS
COUNCIL MEETING
495
THURSDAY, March 18, 1999
7:00 P.M.
AGENDA - Amended
CALL TO ORDER
ROLL CALL, ESTABLISHMENT OF QUORUM
PLEDGE OF ALLEGIANCE TO THE FLAG
APPROVAL OF THE AGENDA:
APPROVAL OF THE
MINUTES: February 18, 1999 March 4, 1999
UNFINISHED BUSINESS
1. Council Procedures for 1999.
2. Bay Shores Water Agreement (Ord. No. 1807, Second Reading)
3. Increasing Wastewater Rates (Ord. No. 1808, First
Reading)
NEW BUSINESS
1. Permission to bid for balcony air-conditioning in
Auditorium. (Libby Freeland)
2. Request for May Day Parade Permit for May Fine Arts
Festival (May 1, 1999)
3. Adoption of the Eureka Springs Transit Department Drug and
Alcohol Policy (Lisa Liggeti)
CITY COUNCIL COMMENTS:
CITY ADMINISTRATOR’S REPORT:
DEPARTMENT HEAD COMMENTS:
MAYOR’S COMMENTS:
COMMISSION, COMMITTEE, AND AUTHORITY REPORTS
AND VACANCIES:
Plan Commission Position 4—Expires 7/0 1/00 David Fithian
Position 7—Expires 2/01/00
Historic District
Commission Position 6 Bob Jeffreys
Position 7
ADJOURNMENT
ONGOING PROJECTS:
MeClelland Engineering, Sewer, Lake
Leatherwood Dam Grant Work in Progress. 1999
Old Police Building (Mayor Satori) 1/7/99
Mayor to appoint alternative wastewater task
force committee. 1/7/99
Control Excess Deer Population (Ernst Schrader)
2/4/99
Restructuring the City’s Information Channel 5 (Ernst Schrader) 2/4/99
CITY OF EUREKA SPRINGS
COUNCIL MEETING MINUTES
March 18, 1999
The March 18th 1999 meeting was called to order
at 7:14 p.m. Mayor Beau Satori presided over the meeting, which was held in the
Courtroom of the Western District Courthouse.
PRESENT: Mayor Satori, Alderpersons Jeffrey, Taylor,
Schrader, Sumpter, and Freeland.
ABSENT: Alderperson Stoppel.
ALSO PRESENT: David Beauchamp, Charles Goodwin,
Alex Haynes, Royal Alcott, Jeff Pratt,
John Billings, Kirby Murray, Lisa Liggett, Pat Haave, Nikki
Salazar, Lisabeth Freeland, Robert
McVey, K.J. Zumwalt, Kelly E. Simon, E. Alan Long, City
Administrator Kim Dickens, City
Attorney Tom Laub, and Deputy City Clerk LauraJo Smole.
Mayor Satori led the Pledge of Allegiance.
Alderman Sumpter moved to
move the Commission, Committee, and Authority Reports and Vacancies, Department
Heads’ Comments, and City Administrator’s Comments to the top of the agenda.
Alderman Jeffrey seconded. It was discussed that the council had decided to
permanently change the agenda with these same changes at the previous meeting.
As minutes of that meeting were not available Alderman Sumpter withdrew his
motion and requested agenda be amended so that the Commission, Committee, and
Authority Reports and Vacancies, Department Heads’ Comments, and City
Administrator’s Comments to the top of the agenda for this meeting.
496
CITY OF EUREKA SPRINGS
COUNCIL MEETING MINUTES
March l8,1999
Alderman
Jeffrey requested that an item be inserted as “UNFINISHED BUSINESS ITEM 4, a
report to the council concerning property located at the top of Planner Hill.”
Alderman
Jeffrey moved to adopt the agenda as amended. Alderman Schrader seconded. The
motion was passed by voice vote, 5-0-0.
APPROVAL
OF THE MINUTES
The
minutes for the March 4th meeting were not available.
Alderman Sumpter moved to accept the minutes of the February 18th meeting.
Alderwoman Taylor seconded. There was no discussion. The minutes were accepted
by voice vote, 5-0-0.
COMMISSION,
COMMITTEE, AND AUTHORITY REPORTS AND VACANCIES
Alderman
Freeland moved to confirm the appointment of Mr. David Fithian to position 4 of
the
Planning
Commission and Board of Zoning Adjustment for the remainder of that seat’s term
(07/01/00).
Alderperson Taylor seconded.
The
appointment was affirmed by roll call vote, 5-0-0.
Alderman
Freeland moved to confirm the appointment of Mr. Bob Jeffreys to position 6 of
the
Historic
District Commission for a new three-year term. Alderman Schrader seconded. The
appointment
was affirmed by roll call vote, 5-0-0.
The mayor
announced his nomination of Richard Quick for position 7 (exp. 1/01/00) of the
Planning
Commission and Board of Zoning Adjustment.
The mayor announced his nomination of Larry Williams for position 7 (a new three year term) of the Historic District Commission
DEPARTMENT
HEAD COMMENTS
Kirby
Murray Public Works Mr.
Murray announced that the South parking lot at City Hall will be re-paved March
19th, The curb area of the North lot will be repaired at a later
date. He also reported that a SWEPCO representative gave a proposed cost to
bury utilities where the city proposed to put in a new sidewalk at one million
dollars ($1,000,000) per mile. A discussion followed that discussed the
location of the sidewalk on Planner Hill and some of the factors behind that
cost. Mr. Murray relayed that SWEPCO would be burying a larger cable due to
heat dissipation factors. Alderman Schrader asked the Mayor to request that Mr.
Murray continue to explore buried utility cable throughout the city.
Mayor
Satori stated that he has been talking with other utility engineers. He also
speculated that utility deregulation may permit the City to negotiate a lower
cost per mile. He is also investigating funding options.
Alderman Jeffrey stated a need to proceed cautiously wants to avoid an increase in utility rates or taxes.
A query regarding telephone cable revealed that telephone cable is already buried.
Lisa
Liggett Transit Ms.
Liggett requested authorization to purchase new uniforms
(current
uniforms are two years old). There was a brief discussion about the style of
uniform.
The Mayor
stated he will discuss uniforms with Ms. Liggett and will have a selection for
the
Council
to review at it’s next regularly scheduled meeting. She announced that trolley
service
will
begin April Pt.
David
Beauchamp Finance —
Mr. Beauchamp announced the recent hiring of David Reuter as a part-time
Janator for City Hall.
Council
Procedures for 1999.
Alderman Jeffrey moved to have this item stricken as a standing agenda item.
Alderman Schrader seconded. A discussion followed. Mr. Laub responded to a
question concerning the opening of discussions about issues by Council members.
He indicated that Alderpersons could use the City Council Comments portion of
the agenda to initiate discussion. He also stated that the Council could add an
agenda item for open comments from the floor (public in attendance).There
motion was passed by voice vote,
5-0-0.
Bay
Shores Water Agreement (Ord. 1807, Second Reading). Alderman Freeland moved to read
Ordinance 1807 by title only. Alderman Schrader seconded. Alderman Jeffrey
moved to
amend the motion to include a reading of
paragraph six (6) Alderman Sumpter seconded.
There was
a brief discussion, Alderman Freeland
withdrew his motion. Alderman Jeffrey withdrew his amendment
CITY OF EUREKA SPRINGS
COUNCIL MEETING MINUTES
March 18, 1999
Alderman Freeland moved to read Ordinance 1807 by title only
and to read paragraph six (6) as corrected. Alderman Jeffrey seconded. The
motion passed by roll call vote 5-0-0.
Mr. Laub then read Ordinance 1807 by title only and read
paragraph six (6).
Alderman Jeffrey moved to approve Ordinance 1807 on its
second reading. Alderman Sumpter seconded. A discussion of the Ordinance
followed. Several minor errors were pointed out to be corrected. A lengthy
discussion then followed about the issue of selling water directly from the
supply line. Mr. Laub provided guidance from his interpretation of the
Ordinance, current Municipal Code and current agreements. Additional wording
was suggested to clarify language.
Alderman Sumpter moved to end debate and read the Ordinance.
Alderman Jeffrey seconded. By roll call vote the motion passed 4-1 -0. (For —
Alderpersons Jeffrey, Schrader, Sumpter and Taylor. Against — Alderperson
Freeland.)
The Ordinance was passed on it’s second reading by roll call
vote 3-1-1. (For — Alderpersons
Jeffrey, Sumpter and Taylor. Against — Alderperson Freeland.
Abstained — Alderperson
Schrader.)
There followed a brief discussion of the appropriateness of
abstentions. During the discussion Alderman Schrader criticized the Ordinance
as written. Mr. Laub requested to know why at this time the Ordinance was being
criticized. Alderman Schrader apologized.
There was a discussion about whether the third reading
should be read at this meeting or April 1st meeting.
Mr. Alex Haynes, representing Bay Shores, distributed to the
Council and Mayor documents outlining the impact of various pricing structures.
He, the Council, and Mr. Beauchamp discussed rates and costs.
There then followed a discussion of the validity of the 1997
agreement between the City of Eureka Springs and Grassy Knob.
Increasing Wastewater Rates (Ord. 1808, First Reading).
Alderman Sumpter moved to read the Ordinance. Alderman Freeland seconded.
Alderman Jeffrey moved an amendment to the Ordinance.
Mr. Laub stated that he had not seen and was uninformed
about the Ordinance. He counseled the Council and Mayor that he should be
involved in all Ordinances as City Attorney. The
Mayor and Council apologized to Mr. Laub and assured him
that he would be fully involved in the future.
Alderman Sumpter withdrew his motion. There followed a
discussion about how to route proposals to ensure they are at a minimum
reviewed by the City Attorney.
Alderman Freeland moved to table this agenda item and to set
a special City Council meeting for Monday, March 22, 1999 at 7 p.m. with the
agenda item of Wastewater Rates. Alderwoman Taylor seconded. The motion passed
by voice vote, 5-0-0.
Report from Alderman Jeffrey on proposal to purchase
property at Hwy 23S and Hwy
62. Alderman Jeffrey reported on his meeting with Mr. Runge,
who owns the property. He reported that when the property was for sale three
years ago the asking price was $99,000. He felt that this would still represent
the current asking price. He displayed to the Council a plot of the land
showing the land, the roads and the current highway easement. He reported that
the site had limited potential for a building, which would require several
variances. He stated that it’s location as a dominant feature to the entrance
of the historic district would permit it to be a good place to install a water
feature.
The discussion that followed brought out several concerns
including the size of the lot should the state use their easement.
Alderwoman Taylor moved to authorize Alderman Jeffrey in
concert with the City Attorney to continue with negotiations to purchase the
property. Alderman Sumpter seconded. There followed a brief discussion about
appraisals and negotiations. The motion passed by voice vote, 4-0-1 (Alderman
Jeffrey abstained).
At this time the Council recessed for approximately ten minutes.
498
CITY OF EUREKA SPRINGS
COUNCIL MEETING MINUTES
March 18th 1999
Permission
to bid for balcony air-conditioning in Auditorium. Ms. Libby! Freeland
requested that the City Architect be authorized to draw up specifications to
install air conditioning on the balcony level of the City Auditorium. Bids will
then be accepted based on these specifications after review by the City
Attorney. Alderwoman Taylor moved to so authorize the City Architect. Alderman
Schrader seconded. The motion passed by voice vote,
5-0-0.
Request
for May Day Parade Permit. Alderman Sumpter moved to approve a request for a
May Day Parade in conjunction with the Fine Arts Festival on May 1, 1999 and to
waive the fee. Alderman Freeland seconded. Mayor Satori relayed the approval
for the parade route and time by Chief Hyatt. The motion passed by voice vote,
5-0-0.
Adoption
of the Eureka Springs Transit Department Drug and Alcohol Policy. Ms. Lisa
Liggett distributed the policy that would be adopted. She also discussed a
proposed benefit for employees of a counseling service. This service could also
be adopted for all city employees at a good rate. She will bring this issue to
the Council at a later date.
Alderman
Sumpter mover to adopt the Drug and Alcohol policy for the Transit Department.
Alderman
Jeffrey seconded. There was a discussion of ramifications of the Council
adopting a
policy
versus approving an Ordinance or Resolution. The policy was adopted by voice
vote, 5-
0-0.
Alderman
Sumpter requested that the Employee Assistance Program be placed on the April 1st
agenda.
There were
no comments.
There were
no comments.
ADJOURNMENT
Alderwornan Taylor moved to adjourn. Alderman Sumpter
seconded. The meeting was adjourned at 10:30 p.m.
APPROVE:
Beau Zar
Satori, Mayor
ATTEST:
Mary Ann Lee City Clerk-Treasurer