CITY OF EUREKA SPRINGS
COUNCIL
MEETING MINUTES
The
It
was held in the courtroom of the Western District Courthouse. The meeting followed a Public Hearing on
Capital Improvement Revenue Bonds for the Police Station.
PRESENT: Mayor
Satori, and Alderpersons Jeffrey, Schrader, Stoppel, Freeland, Sumpter and
ALSO
PRESENT: Susan Lourne, Bob McVey, Diane
Murphy, Bruce Levine, Ed Leswig, Earl Hyatt, Shep Russell, Dennis Hunt, Jay
McCrary, Bill Earngey, Elaine Van Natta, John Billings, Jack Byrne, Don Matt,
Kim Dickens, City Attorney Tom Laub, and Clerk Lee.
PLEDGE OF
ALLEGIANCE: Ms. Dickens led in the
Pledge of Allegiance.
APPROVAL OF
THE AGENDA:
Item #7 under
New Business: Discussion regarding burying the power lines under Planer Hill,
was postponed until the March 2nd Meeting. The motion was made and
seconded to move items one through five to the very beginning of the meeting,
before the State of the City Address.
All were in favor, 6/0/0.
APPROVAL OF
THE MINUTES:
The motion was
made and seconded to approve the City Council Minutes of the
ITEMS ONE
THROUGH FIVE OF NEW BUSINESS:
Ordinance No. 1831, amending franchise
fees paid to the City by TCA/Cox:
The motion was
made and seconded to place Ordinance No. 1831 on its first reading in its
entirety.
Alderman
Schrader asked why these ordinances were necessary. Mr. Russell explained that the ordinances do
not in any way raise the fees. They are
being reclassified as fees under a supreme court case ruling so that they can
be pledged to bonds. He said he would
read the ordinance with Cox Communications in it instead of TCA Cable. All were in favor of reading, 6/0/0.
Mr. Russell
read the ordinance in its entirety.
The motion was
made and seconded to approve. The vote
on the first reading was 6/0/0.
The motion was
made and seconded to suspend the rules and place Ordinance No. 1831 on its
second reading by title only. The roll
was called and the vote was 6/0/0.
Mr. Russell
read the ordinance by title only.
The motion was
made and seconded to approve. The vote
on the second reading was 6/0/0.
The motion was
made and seconded to further suspend the rules and place Ordinance No. 1831 on
its third and final reading by title only.
By roll call the vote was 6/0/0.
Mr. Russell
read the ordinance by title only.
The motion was
made and seconded to approve. The vote on
the third and final reading was unanimous, 6/0/0.
Ordinance No. 1832, amending franchise
fees paid to the City by
The motion was
made and seconded to place Ordinance No. 1832 on its first reading in its
entirety. All were in favor, 6/0/0.
Mr. Russell
read Ordinance No. 1832 in its entirety.
The motion was
made and seconded to approve. All were
in favor, 6/0/0.
The motion was
made and seconded to suspend the rules and place Ordinance No. 1832 on its
second reading by title only. The roll
call vote was 6/0/0.
Mr. Russell
read the ordinance by title only.
The motion was
made and seconded to approve. The vote
on the second reading was 6/0/0.
The motion was
made and seconded to further suspend the rules and place Ordinance No.
1832 on its third reading by title only.
The roll call vote was 6/0/0.
Mr. Russell
read the ordinance by title only.
The motion was
made and seconded to approve. The final
vote was 6/0/0.
Ordinance No. 1833, amending franchise
fees paid to the City by SWEPCO and Carroll Electric:
The motion was
made and seconded to place Ordinance No. 1833 on its first reading in its
entirety. All were in favor, 6/0/0.
Mr. Russell
read the ordinance in its entirety.
The motion was
made and seconded to approve. All were
in favor, 6/0/0.
The motion was
made and seconded to suspend the rules and place Ordinance No. 1833 on its
second reading by title only. By roll
call, the vote was 6/0/0.
Mr. Russell read the ordinance by title only
The motion was
made and seconded to approve. The vote
was 6/0/0.
The motion was
made and seconded to further suspend the rules and place Ordinance No. 1833 on
its third reading by title only. By roll
call, the vote was 6/0/0.
Mr. Russell
read the ordinance by title only.
The motion was
made and seconded to approve. All were
in favor, 6/0/0.
Ordinance No. 1834, amend franchise
fees paid to the City by
The motion was
made and seconded to place Ordinance No. 1834 on its first reading in its
entirety. All were in favor, 6/0/0.
Mr. Russell
read Ordinance No. 1834 in its entirety.
The motion was
made and seconded to approve. All were
in favor, 6/0/0.
The motion was
made and seconded to suspend the rules and place Ordinance No. 1834 on its
second reading by title only. By roll
call, the vote was 6/0/0.
Mr. Russell
read the ordinance by title only.
The motion was
made and seconded to approve. All were
in favor, 6/0/0, on the second reading.
The motion was
made and seconded to further suspend the rules and place Ordinance No. 1834 on
its third and final reading by title only.
By roll call, the vote was 6/0/0.
Mr. Russell
read the ordinance by title only.
The motion was
made and seconded to approve. All were
in favor, 6/0/0.
Ordinance No. 1827, authorizing the
issuance and sale of Capital Improvement Revenue Bonds for the Police Facility:
The motion was
made and seconded to place Ordinance No. 1827 on its first reading by title
only.
Alderman
Schrader then asked why there were blanks on page six. Mr. Russell said that it is usual to include
in the ordinance the forms that will be filled out at the closing of the
bonds. Since each bond holder may
purchase a different amount, each form would be filled out accordingly.
The vote to
read was, 6/0/0.
Mr. Russell
said there were thirteen pages in this ordinance, so it would take a while and
then he read the ordinance in its entirety, including the emergency clause.
The motion was
made and seconded to approve.
The question
was asked about reading the emergency clause and it will be voted on
separately.
Also, there
was a question about the large principal payment at the end of the
mortgage. The answer was given that it
is standard to pay more interest in the beginning and more principal at the
end.
Alderman
Schrader asked about the part of the ordinance that said we should not do
anything that would endanger the standing of these bonds which are tax-free
municipal.
He wanted to
know what would change the standing. Mr.
Russell said the facility always has to be a public project. The Federal Government cannot be involved
more than 10%, nor can private industry.
You cannot take advantage for the purpose of speculation. This just applies to the interest on the
bonds, and it is a standard for bond issues.
Alderman
Schrader then said that the bonds were going to be sold as tax free municipals
and would carry a lower rate than something like WalMart. Are these considered long term bonds? Mr. Hunt said these are considered a series
of bonds that are amortized each year. A
long term bond is generally 30 years.
This is a pretty low interest rate, and since this was put out, the
company has seen a steady interest rate increase, so it is competitive.
Ms. Dickens
announced that the bonds were bought 25% by First National Bank of
Berryville; 25% by Community First Bank and 50 % by the Bank
of Eureka Springs. The bonds were all bought locally.
Alderman
Schrader said that the interest rates are much lower than they were when the
subject was first brought up and the people who will be using the building will
be the ones to pay for it and not leave it as a long term debt for another
generation.
The vote on
the first reading was unanimous, 6/0/0.
The motion was
made and seconded to suspend the rules and place Ordinance No. 1827 on its
second reading by title only. By roll call the vote was 6/0/0.
Mr. Russell
read the ordinance by title only.
The motion was
made and seconded to approve. All were
in favor, 6/0/0.
The motion was
made and seconded to further suspend the rules and place Ordinance No. 1827 on
its third and final reading by title only.
By roll call, the vote was 6/0/0.
Mr. Russell
read the ordinance by title only.
The motion was
made and seconded to approve, 6/0/0.
Mayor Satori
said that although he did entertain alternatives for the building of the Police
Station, this is what the staff devised in the best interests of the project
that we could achieve. The Council voted
to pursue the project, and with that in mind, he would make every effort to
make sure that we do the best we can and build the best base of operations for
our Police Department that we can. After
thirty four years of Alderman Stoppel’s anticipation, the Mayor is relieved
that the City can proceed with a new beginning and have another one of our
departments stabilized in another location.
These projects must be engaged, they have got to decided upon and then
acted upon. This is a credit to the
Council and to the staff that this new project will proceed and that we build a
new Police Station so that this issue can be laid to rest.
The motion was
made and seconded to approve the emergency clause. All were in favor, by roll call, 6/0/0.
The motion was
made and seconded to take a ten minute recess.
All were in favor. The meeting
recessed at
The Mayor then
gave his second State of the City Address.
It will be included at the end of the minutes.
COMMISSION,
COMMITTEE, AND AUTHORITY REPORTS AND VACANCIES:
The Mayor made
some nominations for vacancies on commissions.
Parks and
Recreation Commission- Position 5---Kelly Simon
Parks and
Recreation Commission- Position 7---Bill Featherstone
Historic
District Commission-Position 5---Mary Springer
Hospital
Commission- Position 3--- Dr. James Fain.
Mayor Satori said that Flo Fitzsimmons would continue to do minutes for
the commission in an unofficial status.
The Mayor said
he had met with some gentlemen who will be studying the needs of our community,
and the economic viability of the Hospital.
They were hired by Washington Regional.
DEPARTMENT
HEAD COMMENTS:
Chief Hyatt
thanked the Council. He said the
citizens’ concerns about the location of the new
Parks
Commission Chairman, Bill Earngey gave a status report on the Parks.
Mr. Earngey said that the Commission
has recently spent nine meetings on the budget, and have revised it. The focus for the year 2000 is on community
projects, and service. They are
dedicated to saving every penny possible, and bringing those savings to the public
through the bricks and mortar projects.
They cut the general fund money spent in 1999 by 52%. That is a savings of $146,235. The capital fund for 2000 for bricks and
mortar projects has $96,000. The
projected combined general fund and capital fund money for the year 2000
including sales tax, donations, grants, and revenues is $453,309. The expenses will be $360,640 and that will
include the Sportsplex money, which will cost about $120,000 this year. There will be a surplus of $92, 669, which
really won’t be a surplus, because it will be start up money for the next year,
and a savings account and money that can be used for more projects.
The focus this
year is on about 6 projects.
Downtown springs and parks work will
cost about $36,000.
A horseshoe trail will be built to
the old spring box with a $25,000 grant that is called a T-21 grant. This grant is an 80%-20% grant with the Parks
paying the 20%.
The commission is going to renovate
the bath house which will cost about $30,000 on plumbing and a new roof.
$2500 will be spent of improvements and
maintenance of the trail system.
This year, the money raised at the
March for Parks will be used for a skateboard park, which will be built this
year. The design is not complete.
They are planning a 34 mile trail
system. They are going to use the Harbin
Plan as a Guide. They will need to apply
for a T-21 grant which is another 80%-20% grant. It would extend around the town, to Black
Bass Lake, and then to
They will be surveying Minnehaha
Spring. It is a 5 acre spring park. It extends from
They plan to build two baseball and
two soccor fields. There was mention of
a frisbee golf course. It is a hot sport
in some areas in the state. It is
entirely possible that it could be approved for the Sportsplex.
The reason no
work has been done on the Sportsplex is because when the State gave the
Commission permission to spend the money, the commission didn’t have the
money. It was not until December that
the Commission had the money to begin.
Now that they have the money, there are problems. The plans are on a hazardous flood
plain. In order to build the fields and
the parking lots, the Commission needs permission from the Corps of Engineers
to stabilize the creek. In order to get
permission to stabilize the creek, they need a storm drain survey. No in depth environmental study was included
at the time the plans for the Sportsplex were drawn up. There is very definite danger of poluting the
lake.
Fertilizer for
the fields, gas, oil, anti-freeze and other pollutants will go into the creek
and down to the lake. There is a nine
foot difference between one side of the creek and the other so there will be an
extra bulldozing expense. There was no
provision for flood insurance in the plan for the Sportsplex. Several things will have to be taken care of
before the Commission can start.
The
Sportsplex, the two baseball fields, the two soccor fields, lighting for night
games, dug outs, roads, bridge, etc. will cost about $490,000. It will be paid for by the Commission and the
State, by an Outdoor Recreation Grant.
The way the grant works is that the grant is $100,000. The Commission spends $100,000, and they are
reimbursed $50,000. If they can continue
to get the grants, the cost to the Commission will be $245,000, with the sales
tax kicking in $336,000. This is if all
goes the way it is planned. The way the
sales tax is set up by the Council is that the quarter-cent sales tax is
divided one-eighth for Capital improvements and One-eighth for Operating and
maintenance. The Sportsplex project is dependent upon using all of the tax
money.
The Parks
& Recreation Commission will be hiring contract labor to do their work.
They will hire
a professional gardening service for planning, maintenance & clean up.
They will hire
a contract construction manager for the Sportsplex project.
They have
hired Worden & Worden to do the bookkeeping.
They have
hired an engineering company. The Parks
will be saving money and have expert help.
They will be advertising for a Parks Director. Mr. Earngey ended by stating that the
Commission welcomes in-put from the community.
Kelley Simon
was told that as a nominee, he can meet with commission members without the
press being notified.
CITY
ADMINISTRATOR’S REPORT:
Ms. Dickens
reported that the codification books are in.
There are five reserve sections.
Title Eleven is one. The books
will be handed out at the
Ms. Dickens
received word from the attorney that it appears that the Smith Foundation is
not allowed to collect the tax for the CAPC.
They are 501-C3 status and are not allowed to collect the tax. The Attorney General asked Ms. Dickens to
re-write the letter that she had sent to him and to send it to the State of
She was asked
to put it on the March 2nd, 2000 meeting agenda.
UNFINISHED
BUSINESS:
Discussion regarding Ordinance No.
1829, amending Title 11 of the Municipal Code, second reading, (Kim Dickens):
The motion was
made and seconded to suspend the rules and place Ordinance No. 1829 on its
second reading by title only. By roll
call, the vote was 6/0/0.
Ms. Dickens
read the ordinance by title only.
The motion was
made and seconded to approve.
Alderman
Schrader wanted to include a list of the things that people can do inside of
their homes without permits. Ms. Dickens
said that anyone could contact the Building Inspector and ask. She said they can paint and lay
flooring. Alderman Schrader said it
should be up to the City to make people feel like they are important and give
them the answers. They shouldn’t have to
go looking for the answers.
Alderman
Freeland said that the City is following Nation-wide guidelines.
The Mayor
suggested that a supplemental brochure could be worked up to inform the
people. Ms. Dickens said it could be
produced at City Hall to pass out to
those who need information. Ms. Dickens said that this text is changed very
little from the last Title Eleven. The
part about contractor’s licenses was clarified a bit, and the fees were raised
nominally. Alderman Schrader said that he would agree that a brochure
would help. Ms. Dickens said it is not
like it used to be at City Hall. All of
this information is on the internet and anyone can view it.
Also, Ms.
Dickens said that some of the definitions will be changed. There is a difference in an occupation license
and a contractor’s license.
Ms. Dickens
said that surety bonds have always been required but it has not been enforced
as strongly as it should. The general
cost of a surety bond is about $35.
The clerk said
that she has surety bonds filed in her office for this year already. She said that many contractors know it needs
to be done, and just do it. Ms. Dickens
said that a contractor should bring his surety bond and his contractor’s
license when he comes in to obtain a license.
The vote on
the second reading was 6/0/0.
Discussion regarding speed bumps on
Flint Street:
Mayor Satori
said the Council had voted to put the speed bumps in for 6 months, and they
have been there for nine months. The
decision needs to be made. Ed Leswig,
Chairman of the Planning Commission, lives close to the stop sign on Mountain
Street and he sees a lot of people run that stop sign. He suggested a yellow line be drawn and stop
painted on the street and it might then be more visible, because there hasn’t
been one before.
The motion was
made and seconded to remove speed bumps from Flint St.
It was
suggested that stop signs might help in some cases.
After more
discussion, the vote was 4/2/0, with Taylor and Schrader voting no.
NEW BUSINESS:
Destruction of audited obsolete
records, for 1994, (Clerk Mary Ann Lee):
Clerk Lee
explained the annual process of disposal of records that do not have to be
kept.
The motion was
made and seconded to approve disposal.
All were in favor, 6/0/0.
Discussion regarding burying the power
lines under Planer Hill, (Kirby Murray):
This subject
was postponed until the March 2, 2000 Council Meeting.
Discussion regarding special election
issues:
There were
several items brought up that could be put on the ballot. No date was set.
Alderman Schrader
mentioned two. One was packaged liquor
sales on Sunday, and also, he suggested that Aldermen be elected only from
their own wards. He believes that more
people would run for the position if they only had to campaign in their own
wards.
A discussion
of special election issues will be continued at the March 2nd, 2000
City Council Meeting.
Ms. Dickens
said there are so many people who have bad information on the Leatherwood Dam
that she would like to see a special workshop televised with a discussion so
that people will have correct information on this subject. She suggested that perhaps someone from
McClelland Engineering could come and Kirby Murray, and possibly John Sweeney
from Arkansas Soil and Water. These are
informed people.
Alderman
Jeffrey asked if Ms. Dickens would make copies of the report on Leatherwood Dam and give the
Council each one.
COUNCIL
COMMENTS:
Alderman
Jeffrey requested that a discussion of the Parks Commission be put on the March
2nd, 2000 agenda. He has
received a number of calls about making
the Commission a department.
Alderman
Schrader said the Commission is doing a wonderful job and he is very grateful
to them.
Last
page of the February 17th, 2000 City Council Meeting Minutes.
The motion was
made and seconded to adjourn. All were
in favor. The meeting was adjourned at
11:10 p.m.
APPROVED:
______________________
Beau
Zar Satori, Mayor
ATTEST:
____________________________
Mary
Ann Lee, City Clerk-Treasurer