COUNCIL MEETING
Wednesday June 8, 1999
7:00P.M.
AGENDA
CALL TO ORDER
ROLL CALL, ESTABLISHMENT OF QUORUM
PLEDGE OF ALLEGIANCE TO THE FLAG
APPROVAL OF THE AGENDA:
APPROVAL OF THE MINUTES:
COMMISSION, COMMITTEE, AND AUTHORITY REPORTS AND VACANCIES:
Plan Commission- Position 4- Expires July 1,
2000 Dan Bennett
Plan Commission- Position 6-Expires Jan. 1,
2001
CAPC Commission- Position 3-Expires June 30,
1999
Hospital Commission- Position 2-Expires June
1, 1999
Historic District Commission-Position
4-Expires Nov. 11,2001
DEPARTMENT HEAT) COMMENTS
CITY
ADMINISTRATOR’S REPORT:
UNFINISHED BUSINESS
1. Discussion regarding private sewer lines
2. Discussion regarding controling the excess deer population
3. Discussion regarding parking (Ed Leswig)
4. Ordinance No. 1814 Red zone at St James Church.
5. Ordinance No. 1813, providing for CAPC professional services
contracts.
6. Request for waiving the nepotism clause for the Parks
Commission.
NEW BUSINESS
CITY COUNCIL COMMENTS:
MAYOR’S COMMENTS:
ADJOURNMENT
CITY OF EUREKA SPRINGS
COUNCIL MEETING MINUTES
June 8, 1999
The June 8th, 1999 meeting was called to order at 7:10 p.m.
Mayor Beau Satori presided
over the meeting, which was held in the jury room of the
Western District Courthouse.
PRESENT: Mayor
Satori, and Alderpersons Jeffrey, Stoppel, Schrader, and Sumpter. Alderpersons
Freeland and Taylor were absent. Alderman Freeland came in later.
ALSO PRESENT: Robert McVey, Kirby Murray, Jackie Grimmett, Jim Wright, Diane Murphy, Lisa Liggett, Glen Strange, Ed Leswig, Earl Hyatt, Alan Long, James DeVito, David Smith, Don Matt, Kim Dickens, Tom Laub, and Clerk Lee.
PLEDGE OF ALLEGIANCE: Ms. Dickens led in the Pledge of
Allegiance.
APPROVAL OF THE AGENDA: Alderman Schrader made the motion to
approve. Alderman Sumpter seconded. All were in favor, 4/0/0.
APPROVAL OF MINUTES: The minutes from June 3rd, 1999, were
not ready.
COMMISSION, COMMITTEE, AND AUTHORITY REPORTS AND VACANCIES:
There was some confusion about Dan Bennett’s nomination.
There was a question as to whether he wanted to accept the nomination. Mr.
Bennett was concerned that the time involved would conflict with his job.
DEPARTMENT HEAD COMMENTS:
Lisa Liggett, Director of Transit, did not have the
financial reports ready, but said they would be ready by the first meeting in
July.
Police Chief, Earl Hyatt, reported on the Blues Festival. He
said that this was the largest crowd ever. The actual organized Blues Festival
was a success. The venues went very well. Security people were not letting
people out of the clubs with drinks, and the clubs were very orderly.
What everyone else sees is what goes on outside. Some of the
establishments that did not have venues were selling beer in bottles or cups
for people to take out. It is illegal to drink on the street even if it is
Blues Festival. There was not enough security on the streets. There weren’t enough lights in Basin
Park. There were no portable restrooms set up. Our local kids and
young adults did not cause the problems.
They were disgusted by those who came to town to drink and fight and
cause trouble and they said the festival ~~missing portion~~
534 CITY OF EUREKA SPRINGS
COUNCIL MEETiNG MINUTES
June 8, 1999
and they came from Washington, Benton, Madison and
Eastern Carroll Counties, and from Missouri. They came to get drunk and cause
problems. There were numerous fights in the park. Most of them were taken care
of with minor injuries if any. One fight in Basin Park was a big enough problem
that pepper spray was used. Unfortunately, pepper spray does drift but it is not poisonous and the effects are not
long lasting. There weren’t enough trashcans. Bottles were being thrown.
Parking was chaotic. People were parking in flowerbeds and yards and blocking
people in and traffic was a problem. There were four police and four security
people in the park. Up until about 11 p.m. on
Saturday night, they were able to keep control and they took drinks and
poured them out and kept the amount of problems down. At 11 p.m., the crowd in
the park was suddenly too large
and out of control. There was a lot of alcohol and
broken glass, and a lot of traffic. Chief Hyatt said that if this event is
going to grow this much each year, he would suggest that the Mayor form a task
force to start as soon as possible so that the City will be ready for next
year.
Mayor Satori said he had just come from a meeting of
the Committee of 100, which are women from around the State of Arkansas who
were formed to take care of the Ozark Folk Center in Mountain View AR. This
year is their 37th annual Folk Festival. At their 10th festival,
120,000 people showed up. They were totally unprepared. This City needs to be
prepared for however many people show up for any and all activities.
Mayor Satori said they watched last Friday night, and
saw some of the problems, and made decisions about removing additional parking
to relieve congestion on the street. He said he stayed in the park until about
three a.m. A lot of parents and merchants stayed in the park and helped to alleviate
some of the problems. After midnight, things calmed down some. None of the
establishments with venues allowed anyone in or out carrying drinks. In the
future we may have to make sure that nobody sells drinks to go.
Alderman Schrader said he had compiled the complaints
of the people who had called him into a three-page memo, and they will be given
to the members of the task force. He thanked the volunteers who did the clean
up. He also said that Sunday morning an employee of Public Works had already gotten
a lot of garbage picked up from the trash cans by 8:30 a.rn. and he thanked
those at Public Works for doing a good job. He thanked the Police Department
because they were capable and friendly and did a good job of keeping the
problems under control to the best of their ability.
Police Chief Hyatt said that several EMS people
helped with a lot of the enforcement, which was greatly appreciated.
Mayor Satori said that it is important that the City
create entertainment venues for our under age people. it would certainly cut
down on the amount of people just hanging out in the park.
Glen Strange, a commissioner on the Parks and
Recreation Commission, volunteered to be on the Task Force.
Jim Wright said he was withdrawing
his support of the Blues Festival unpleasant and unsavory experiences that
happened at his place of Bistro”. He voiced his concern as to the direction
that the festival is going. could get more and more dangerous.
due to several business “The He
feels that it
James DeVito said he lives and
works downtown, and that generally speaking the results of the Blues Festival
are positive. He would like to be on the Task Force.
CITY ADMINISTRATIVE ASSISTANT’S
REPORT:
Ms. Dickens read a memo from Kirby
Murray regarding yard waste. The Arkansas Department of Environmental Quality
has recently ruled that yard waste brought to the composting facility must be
inspected by a licensed facility operator. The operator must accompany the
person to the composting bed, log the quantity in cubic yards, escort them to
the gate on their way out and lock it behind them. This will cause obvious
difficulties
with the schedule as it is now.
The new schedule for drop off purposes will be Saturdays from 10 a.m. to 2 p.m.
Drop off during the week is on Wednesday from 7 a.m. to noon and from 1 p.m. to
4 p.m. The person would need to stop at the Public Works office for assistance.
Pick up for yard waste will be the first and third Wednesdays of the month from
7 a.m. to noon and from 1 p.m. to 4 p.m. The citizens should call Public Works
for pick-up.
Municipal League will be held June
16th through the 18th, Ms. Dickens said she would be gone
and any permits that people needed should be taken care of before June 16th,
The Mayor and most of the Council would be gone.
The new Building Inspector/Code
Enforcement Officer will begin on Monday, June 21st, He is a
resident of Carroll County, Roger Mullis.
CITY OF EUREKA SPRINGS
COUNCIL MEETING MINUTES
June 8,1999
UNFINISHED BUSINESS:
Discussion
regarding private sewer lines:
Alderman Schrader had passed out a memo on how to take care of the
problem. He
made the motion to table the discussion until the next regular meeting,
which is July 1,
1999. Alderman Stoppel seconded, and the vote was 4/0/0.
Discussion regarding controlling the excess deer population:
Alderman Schrader said the factions involved will not get together and
sit down and work together for a solution, therefore, it should be taken off of
the agenda. The two factions are those who feed the deer, and those who want to
thin the herds. Alderman Schrader made the motion to drop this item from the
agenda. Alderman Jeffrey seconded. All were in favor, 4/0/0.
Discussion regarding parking, (Ed Leswig):
Mr. Leswig said that he had spoken with Sandy Bass, who owns the Planer Hill
Parking Lot, and she will participate in the pilot program. Lee PohI and Pete
Braginton who is leasing Mr. Pohl’s lot have agreed to participate. Mr. Dortch,
at the railroad station, looks at the trolleys as competition, and does not
intend to participate. The Parking Lot Shuttle would make a short loop from the
North Main Street parking lot to the Planer Hill parking lot with stops at
other lots in between, and it would be a continuous run. It would run mainly on
Friday, Saturday from 10 am. to 10 p.m. and Sunday from 9 a.m. to 5 p.m. The
cost for a 3-day week is $377, which include manpower, fuel and mileage.
In order to utilize the Planer Hill Parking Lot, some work will have to
be done on it. The cost to grade and gravel the upper level and the road up to
the upper level of the Planer Hill lot along with the main level is $1490. If
the City just did the bottom level, it would be
$900.
A pair of Victorian looking signs for each parking lot is $1200 per
pair. The signs would say: Welcome ++ Eureka Springs ++ Historic District
Parking ++ Official Park and Ride Lot ++ Free Shuttle ++ To and from our 19th
Century Down Town ++ Hours of Operation:
10 a.m. to 10 p.m. Friday and Saturday and 9 am. to 5 p.m. Sunday. The
signs will be visible from both directions. The signs would have cream
background with dark green lettering, in a Victorian style much like the signs
throughout the downtown. Jack Moyer has indicated that if the City goes ahead
with this project the Chamber would donate some funds to help with signage.
Mr. Leswig contacted Tri-Lakes Porta-potty. They rent them for $65 per
month and include a once-a-week cleanup and pump-out. The cost to purchase one
is $650, and the
cost to clean and pump each one is $15 per week. He showed the City a
picture of a somewhat Victorian looking out-house. He also talked to Butch
Berry about building screens to hide them if the City does decide to buy our
own.
The cost to pay someone to host each lot is $164.80 per weekend per lot.
The T-shirt idea would be a separate thing. It had been suggested that a host
wear a T-shirt that said Ask Me, I Live Here. For three lots, the wages would
be $494.40, per weekend.
Mr. Leswig asked for direction from the Council. He said all of the leg
work is finished and there is nothing else to do to get this pilot program
going except a go ahead from the Council. Mr. Leswig said his personal opinion
was that if this was in operation and signage announced that people should not
park downtown for Blues Festival, it would go a long way in keeping everything
under control.
Alderman Schrader asked if there is a vehicle available so that we
wouldn’t be diverting a vehicle in use. Lisa Liggett said we had back-up
vehicles. He asked if we would be diminishing the service to the community if
we did this, and Ms. Liggett said no.
Alderman Stoppel asked why the City would be expected to do maintenance
on a lot that is not ours. Mr. Leswig said the Commission felt that it would be
to the City’s advantage to have the whole lot ready for parking, if we were
going to enter into this program.
Mayor Satori said it sounds like the City would be doing the things now
that they should have done when they had a lease on the property.
Alderman Schrader said Ms. Bass would make more money if the shuttle
stopped there and why should the City foot the bill? Mr. Leswig said that he
felt it would be money well spent to find out if the pilot program would work.
He said basically, they were talking about three months to try it out, and see’
if it worked.
Alderman Jeffrey said that since this is a short pilot program, that
would collect all of the right data to let us know how it works, he would like
to see the Council endorse this, and fine tune the finances later.
Mayor Satori said the City should look into porta-potties as a much
needed addition to the City. We do not have enough bathroom facilities on a
regular basis for the City.
Mr. Leswig said that he had talked to people about the Lake Leathenwood
facility and it was satisfactory.
Alderman Sumpter said he thought the idea was great except for working
on the Planer Hill parking lot. Alderman Jeffrey said it is a good way to
jump-start the project. He would not agree on permanent maintenance for the
Planer Hill Lot.
• Mayor Satori said if we can get the shuttle, the signs and things
going now, and we can add the hosts and other things later.
Alderman Jeffrey said that the lower lot of the Planer Hill Lot is all
that is really necessary to fix right now and the City, can do the upper lot as
it is needed.
Alderman Stoppel made the motion to set up a shuttle that runs from the
depot to the North Main parking lot and up the hill to the Planer Hill lot and
back down to
536 CITY OF EUREKA SPRINGS
COUNCIL MEETING MINUTES
June
8, 1999
the depot, and to direct Kirby Murray to take care of the appropriate
signage as proposed and to direct Lisa Liggett to report back to us at the July
Is meeting to let us know how it is going. Alderman Sumpter seconded. The vote
was 3/1/0 with Alderman Schrader
voting no. Mayor Satori voted yes, so the final vote was 4/1/0, in favor.
Ms. Dickens thanked Mr. Leswig for all of the hard work he and the
Planning Commission have done on this project.
Ordinance No. 1814, Red zone at St. James Church:
Alderman Schrader made the motion to place Ordinance No. 1814 on its
first reading.
Alderman Jeffrey seconded. All were in favor, 4/0/0.
Ms. Dickens read the ordinance in its entirety.
Alderman Jeffrey made the motion to approve. Alderman Schrader seconded.
Jackie Grimmett was there representing St. James Church. She said that
the Chief of Police had met with Larry Schofner, and they had agreed on what
could be done without causing any hazards or breaking the law. They have two
services on Sunday at 8 am. and at 10 a.m. Attendance is about twenty at the eight
o’clock service, and about 45-50 at the 10 a.m. service. Ms. Grimmett said that
several people had mentioned putting in some parking behind the church, because
the church owns land there.
Mayor Satori said that if the City creates loading zones, they work when
they are needed and then are abused the rest of the time. He would like to see
people create as much off-street parking as possible whenever possible.
The vote was 4/0/0, to approve.
Ordinance No. 1813, providing for CAPC professional service contracts:
Alderman Jeffrey made the motion to place Ordinance No. 1813 on its
first reading in its entirety. Alderman Schrader seconded. All were in favor,
4/0/0.
Ms. Dickens read the ordinance.
Alderman Schrader made the motion to approve. Alderman Sumpter seconded.
Alderman Jeffrey questioned the need for the ordinance. He said every
year the City requests statements of qualifications from professional people,
and what is different about this?
Mayor Satori said that he had been advised that before the people sign
contracts for the positions the CAPC is contracting for, this ordinance needs
to be in place. The CAPC is not hiring for a position with an hourly wage. They
are contracting for services. It is necessary to do this to move into in-house
advertising. Mr. Laub agreed.
The Council decided to change the wording in paragraph one to read:
“Advertising Specialties and shall include the work of festival director, media
buyer, events coordinator, promotion coordinator, and specialists in other
areas, general and specific, requiring expertise related to the operation of
the City Advertising and Promotion Commission, Alderman Schrader made the
motion to approve the first amendment. Alderman Stoppel seconded. All were in
favor 4/0/0.
Alderman Jeffrey said that he didn’t see the urgency. He said the CAPC
had advertised for the two positions and they have given people the positions.
They had already gone through the process.
Mayor Satori explained that an ad would be going out for an Executive
Director within the next week. He said the City Attorney advised him to get the
ordinance in place. In the past the CAPC had not hired people directly.
Mr. Laub said that the CAFC is contracting for services. These people
are not hired as employees. They are hired as contracted services.
At that point Alderman Schrader made the motion to further amend the
ordinance, to include the words “the work of” just before festival director.
Alderman Stoppel seconded. All were in favor, 4/0/0.
Alderman Jeffrey said he had some conceptual questions. He said we are
doing this because we don’t have an ad agency. When the CAPC had an ad agency,
there were very tight controls on the bidding process and went through the
bidding process to select an ad agency. Now we are going to replace the ad
agency with individual contracts without any bidding process whatsoever. We are
taking this out of the public domain. Alderman Jeffrey said he didn’t think we
should give up the controls that were in place before. We don’t have a contract
or a description of the job to be done. He did not feel it is in the public
interest.
Mayor Satori said that everyone has been dissatisfied with the way
things had been done before we had the same ad agency for twenty-two years.
There were no controls, as evidenced by the way the agency spent our money. The
idea now is to have more control and more watchfulness by having the services
done in-house. He said this City has the idea to manage its own affairs with
greater oversight and input.
Alderman Schrader explained how advertising agencies work. They hire
people to do the job. They may hire
in-house or free-lance. Why should we
spend $700,000 so that these
CITY OF
EUREKA SPRINGS
COUNCIL
MEETING MINUTES 537
June 8,
1999
people can hire people that are
going to do the work for us. It could only enhance the City’s economy to hire
qualified people from here to do this work. He also said it would take a strong
person to oversee and coordinate these efforts. It won’t happen all by its
self. Do not underestimate the need for this person and the work it will take
to do this. Alderman Jeffrey disagreed.
He said he didn’t know where $700,000 came from but it was incorrect.
Alderman Freeland came in. He said that the discussion was getting off
course. He said in a nutshell, why pay an agency 15% extra to do the work when
we can do it here. There were problems with the first ad agency, The second
agency had internal problems and did not fill our needs. We have many people
who can do the same job and they are familiar with what is needed. He named the
State Statute 19-11-801, Item C which is what makes this action possible. He
said Mark Marley, the state auditor, is working closely with the City.
Alderman Jeffrey said he would support this for the first reading. He
asked if there should be a sunset clause. Mr. Laub said the ordinance can be
changed at any time. He said the contracts will need to be extremely specific.
Alderman Stoppel called the question. The vote was 5/0/0.
Approval of the first reading of Ordinance No. 1813 was 5/0/0.
Request for waiving nepotism
clause for the Parks Commission:
Nikki Salazar had requested this at the last meeting. Because no
decision was reached at the June 31rd
meeting, Mrs. Rose and Lindsey Rose were laid off until such time as
a decision was made. Mrs. Rose was the coordinator of the July 4th activities and that nothing is
being done at this time. Alderman Schrader said there are people who are
against this, but in this case he will support this action because of the
special circumstance. Mr. Laub said that as far as he could see in the law the
City can over rule that law.
Alderman Stoppel made the motion to waive the nepotism clause until
August 3lst, 1999. Alderman Jeffrey seconded. Alderman Freeland made the motion
to amend the motion by adding Mrs. Rose and Lindsey Rose’ names in the motion.
Alderman Jeffrey seconded. All were in favor to amend, 5/0/0. The vote to waive
the clause was 4/1/0, with Alderman
Sumpter voting no.
MAYOR’S COMMENTS:
Mayor Satori said he had presented the Chairman of the Committee of 100,
Pat Denton, with the key to the City. The Committee of 100 supports the Ozark
Folk Center, in Mountain View, Arkansas. It is made up of one member of each of
the 75 counties of the State, and 25 members at large. They also have associate
members. Many of these members are repeat visitors of Eureka Springs, and were
very hospitable people. The Mayor thought it was remarkable that a statewide
organization could be formed to preserve Ozark heritage, and to do year long
fund raising activities to help to support the Ozark Folk Center. He spent a
lot of time asking them whether they might adopt Eureka Springs.
Alderman Jeffrey made the motion to adjourn. Alderman Stoppel seconded.
All were in favor, 5/0/0. The meeting was adjourned at 10 p.m.
APPROVED:
ATTEST: