CITY OF EUREKA
SPRINGS
CITY COUNCIL MEETING
MINUTES
JULY 9, 1996
Mayor Barbara O’Harris
called the regularly scheduled meeting to order at 9 a. m. on Tuesday, July
9th, 1996, in the Western District Courthouse.
PRESENT:
Mayor O’Harris, Aldermen
David Jeffrey, Chris Riker, and Bill Rubley;
Alderwomen Jan Watson,
Kim Dickens, and Sheila Seratt.
ALSO PRESENT: David
McNeaI, Bill Douglass, Gail Larimer, Jack Byrne, Donna Spitler, David
Beauchamp, Richard Schrum, Jim Nelson, Jay Miner, Don Young and Clerk Lee.
PLEDGE OF ALLEGIANCE:
Mr. Young led in the
Pledge of Allegiance.
APPROVAL OF THE AGENDA:
Alderwoman Seratt made
the motion to approve the agenda. Alderwoman
Watson seconded. All
were in favor, 6/0/0.
APPROVAL OF THE MINUTES:
Alderman Jeffrey made
the motion to approve the minutes of the June
25th, 1996, meeting.
Alderwoman Watson seconded. The motion passed by
roll call vote, 6/0/0.
Alderman Jeffrey made
the motion to approve the minutes of the June 27th, 1996, meeting. Alderwoman
Watson seconded. The motion passed by roll call vote, 6/0/0.
OLD BUSINESS:
1. Ordinance
#1708-A, Large Vehicle Ordinance, TAC, 3rd Reading:
Alderwoman Seratt made
the motion to place Ordinance #1708-A on its third reading in its entirety,
because of the amendments that were made. Alderwoman Dickens seconded. All were
in favor, 6/0/0.
Mr. Young read the
ordinance in its entirety.
Alderwoman Watson made
the motion to approve. Alderwoman Seratt seconded.
In the discussion that
followed, some typos were found: In Section 3, 3b, City of Eureka Springs
needed a capitol “C”; Section 3, j, a “d” in made instead of a “k’; Section 3,
I, It should be Chapter 4.54, not 53; in Section 7, b, after “travel” add
“pursuant to this section”; and Section 5, f, should be residence or property,
not of.
The roll call vote was
unanimous, 6/0/0, in favor. Ordinance #1708-A was passed on its third reading.
2. Ordinance
#1709-A, Group Tour Franchise, TAC, 3rd reading:
Alderwoman Seratt made
the motion to read Ordinance #1709-A in its entirety because of the amendments
that were made. Alderwoman Dickens seconded. All were in favor, 6/0/0.
Mr. Young read the
ordinance in its entirety.
Alderwoman Seratt made
the motion to approve. Alderwoman Watson seconded.
Alderman Rubley asked
about the $500 fee. The $500 fee is for the five years that the entity holds
the franchise. When it is renewed, they will pay another $500 for another five
year period.
There were some typo’s:
At the very beginning
beside 4.54.10, it should be Fee for Use; 4.54.01,b, City should be capitalized;
h and i should have quotation marks around Group Tour Guide, and Group Tour
Guide Certificate; and under 4.54.08,
Article should be capitalized. Alderman Jeffrey said that it was easier to when there were spaces between each line.
By
roll call, the vote was in favor,
6/0/0, and Ordinance #1709-A was passed on its third reading.
CITY OF EUREKA SPRINGS
CITY COUNCIL MEETING MINUTES
JULY 9, 1996
NEW BUSINESS:
1. ResoLution
#434, Participation in IRS Section 125 Insurance Plan:
Alderwornan Watson made the motion
to read Resolution #434. Alderwoman Dickens seconded. It was explained that the
plan allows the City to put in the 50% that it always has and also it just
allows the employees to participate in the 125 Insurance Plan. The vote, by roll
call, was 6/0/0, and it was approved.
2. Set
Public Hearing for Street Vacation of Pt. of Peerless Avenue and
Un-named alley in the Freeman
Addition:
The Council unanimously voted to set
a Public Hearing on the Street
Vacation of part of Peerless Avenue
and an un-named alley in the Freeman
Addition to be held before the
Agenda-Setting meeting on August 6th,
1996, at 7 p.m.
3. Rejection/Acceptance
of bids on the Planer Hill Sidewalk:
Alderman Jeffrey made the motion to
reject the bids on the Planer Hill
Sidewalk. Alderwoman Dickens
seconded. By roll call the vote was 6/0/0.
4. Ordinance
#1713, Re-allocation of Parking Revenues; Parking
Commission:
Alderwoman Seratt thade the motion
to place Ordinance #1713 on its first reading in its entirety. Alderwomari
Watson seconded. All were in favor to read, 6/0/0.
Mr. Young read the ordinance in its
entirety.
Alderwoman Seratt made the motion to
approve. Alderman Jeffrey seconded.
Alderwoman Watson said that she was
in favor of the parking garage, but she was not comfortable with getting into a
25 year bond issue with tourism and parking revenues down. She felt that it was
premature and that it should be done in stages.
Alderman Rubley said that since
there had been -discussion of removing the
parking meters from the Spring
Street area, he didn’t want to see it take
25 years to do so. He wanted the
Council to refer this matter to the
November election.
Alderman Jeffrey said that the
election process was part of any project that would require a bond issue.
Alderwoman Seratt said that the
discussion of the location and the need for building a parking garage has been
going on since 1970. She would like to see it get off the ground this time
instead of coming up again in another 26 years. She said that $75,000 annually
from the City is not out of line.
Alderman Jeffrey said that this is
the only project that would eventually be a real money maker for the City. He
said that the bond would be paid bi-annually, and that the project will
ultimately pay for itself.
Alderwoman Dickens said that if the
money was set aside, and the project wasn’t done, the money would go back into
the General Fund, or the Council could choose to leave the money set aside. She
said that it pays to look and think ahead for a project of this size.
Alderman Jeffrey said that the
downtown grossed $20,000,000 in sales last year, with only 400 parking spaces.
Think of the revenue that could be generated with 250 more parking spaces.
Alderman Riker said the parking garage could be built on City owned lotsand could be done is several locations. He did not see the value of building it at the chosen locations. He said it will ruin the area.
Mayor O’Harris said that this ordinance does not
specify where the parking garage will be built.
CITY OF EUREKA SPRINGS
CITY COUNCIL MEETING MINUTES
JULY 9, 1996
Mr. Richard Schrum, Chairman of the
Parking Authority, passed out a chart showing where he believes the revenues
would come from. The Annual Debt Service and Operating Expenses would be
$366,000 per year. The City would contribute $75,000 of it, and the City’s
revenue would come from parking revenues and from the 2% sales tax return.
$200,000 would come from the parking dock itself, figuring conservatively, $850
per space annually times 200 spaces is $170,000 and $600 per space annually for
monthly rentals on 50 spaces is $30,000 annually, and that comes to $200,000.
Then, from the C.A.P.C., $91,000 annually, of which $100,000 would come from
the 2% tax paid, and $25,000 per space and that would be over the
$91,000 projected annually.
Chairman Schrum said he used very
conservative figures. He said that he used the standard for figuring revenues
that the parking garages use. He said that it is probable that even more money
would be generated but this is a really conservative estimate. The City would
get back 2% of the revenue generated, and so would the C.A.P.C.
Mr. Schrum said that the reason that
location seems the most viable to the Parking Authority, is that the garage
will be built in an area that is not glaringly visible, and that it will
address the area where the parking problem is the most prevalent, which is
upper Spring Street.
He said, also, that he and other
merchants downtown like the idea of not having parking meters, but alternative
parking should be built to take the place of the meters before they are
removed. That does not mean it will take twenty five years, before it can be
done, but just a while longer. In answer to Alderwornan Watson’s statement that
parking revenues are down all over town, Mr. Schrum said that people will come
if they know that they can find parking and if parking is convenient. The City
has a very large shortage of parking for the amount of people that come to
town. Mr. Schrum said that he believes that he can support the figures that he
has presented to the Council, and that there is a good chance that a lot more
money would be generated by the parking garage than his figures indicate.
Alderman Seratt said that the
parking garage is critical in the downtown, and to the businesses.
Mr. Jim Nelson, who is on the
Parking Garage Committee, said that just because tourism is down doesn’t mean
that the City shouldn’t move toward solving their parking problems. This is the
time to take positive action.
The Council asked David Beauchamp to
address whether the City should vote on this before the budget for the new
year.
Mr. Beauchamp said that the City
should not have a problem coming up with $75,000 annually. He did say that he
does not have a clear picture of the C.A.P.C. revenues. He did say that he felt
that it would be a wise move for the C.A.P.C. to invest in the parking garage,
because ultimately it will make money for them. H.e said that when the tax
turn-back comes in, 20% goes to streets, 30% goes to general fund operating,
and 50% goes to Capitol Improvements. It would be up to the Council to decide
where the money would be taken from.
Mr. Miner said the ordinance can be
passed on its first reading and any modifications can be made before it goes
any farther.
The roll call vote on the first
•reading was Alderwoman Watson abstained, Alderwomen Seratt and Dickens and
Alderman Jeffrey voted yes, and Aldermen Rubley and Riker voted no, 3/2/1.
Mayor Barbara O’Harris voted yes, based on what Mr. Miner said, and Ordinance #1713
passed on its first reading, 4/2/1.
5. Ordinance #1712, Amending the
Budget for the Auditorium Commission: The Auditorium Commission had allocated
$80,000 for an elevator going to the basement space. They realized that the basement space air is not fresh. They have expended $15,200 from that money
for the roof repairs
CITY OF EUREKA SPRINGS
CITY COUNCIL MEETING MINUTES
JULY 9, 1996
that were done recently, leaving
$64,800 to be utilized by priority as follows: Air Conditioner for Staff
Office, $2500.; Concession Area $22,000.; Repaint and Repair Auditorium Chamber
Walls $20,000; Parapets, Guttering and Siding on Stage Wall $15,000; Exterior
Repairs $10,000; and Exterior Improvements $10,000. The money will be spent in
that order. Gail Larimer said that there should be enough money to get through
the list and do the exterior repairs. The whole list will cost about $79,000.
She also said that the Commission would be considering an offer of a proposed
gift of 500 seats at the next meeting.
Mayor O’Harris said she hoped that
the Commission would not consider turning down an offer like that.
Mr. Byrne said that this priority
list was what the architect suggested. Alderwoman Dickens said that when these
things are done, the building will be an attractive asset to the
community.
The vote by roll call on the first
reading of Ordinance #1712 was in favor, 6/0/0.
Alderwoman Seratt made the motion to
suspend the rules and place Ordinance #1712 on its second reading by title
only. Alderman Rubley seconded. By roll call, the vote was in favor, 6/0/0.
Mr. Young read the qrdinance by
title only.
Alderwoman Seratt made the motion to
approve. Alderwoman Dickens seconded. By roll call, the vote was in favor,
6/0/0.
Alderwornan Seratt made the motion
to further suspend the rules and place Ordinance #1712 on its third reading by
title only. Alderwoman Watson seconded. By roll call, the vote was in favor,
6/0/0. Mr. Young read the ordinance by title only.
Alderwoman Seratt made the motion to
approve. Alderwoman Watson seconded. By roll call, the vote was in favor,
6/0/0.
The ordinance will become law thirty
days from the date of publication.
Alderman Rubley asked for a ten
minute recess. The meeting was recessed at 10:18 a.m. and was reconvened at
10:26 a.m.
Mayor O’Harris announced that the
year-to-date on tax turn-back checks shows that revenue is up 5.55%.
The Mayor also reminded people that
the money that is collected for C.A.P.C. tax does not belong to the person that
collects it. It is collected specifically for the C.A.P.C., and so there really
is no excuse for not paying the taxes on time.
Mr. Miner said that the ordinance
that was passed last November has aided in the collection of the C.A.P.C. tax
and that only a very few out of the whole town have become problem cases.
The Parks Commission is hosting a
town meeting for the Youth of Eureka Springs tonight, July 9th, at 7:30 p.m.
Mr. Rubley said that he has had some
complaints on “conditional use” being stamped on the business licenses. The
clerk told him to tell people to put a piece of paper over it or fold it over
if it is a problem, just don’t remove it.
6. Ordinance
#1711, adopting the July 9th Edition of the Personnel Policy Handbook:
Alderman Rubley made the motion to
place Ordinance #1711 on its first reading in its entirety. Alderman Riker
seconded. All were in favor,
6/0/0.
Mr. Young read the Ordinance in its
entirety.
Alderwoman Serrat made the motion to
approve. Alderwoman Watson
seconded. The only discussion was that
Mr. Young had made the amendments that were suggested. Mayor O’Harris commended him on his hard
work. By roll call the vote was in
favor. 6/0/0.
CITY OF EUREKA SPRINGS
CITY
COUNCIL MEETING MINUTES
JULY 9, 1996
Alderman Rubley made the molion to
suspend the rules and place Ordinance #1711 on its second reading by title
only. Alderwoman Seratt seconded. By roll call vote, all were in favor, 6/0/0.
Mr. Young read the ordinance by
title only.
Alderwoman Seratt thade the motion
to approve. Alderwoman Watson seconded. By roll call vote, it passed, 6/0/0.
Alderwoman Seratt made the motion to
further suspend the rules and place Ordinance #1711 on its third and final
reading by title only. Alderwoman Watson seconded. All were in favor, by roll
call, 6/0/0. Mr. Young read the ordinance by title only.
Alderwoman Seratt made the motion to
approve. Alderwoman Watson seconded. All were in favor, by roll call, 6/0/0.
7. Authorization for blasting at the
Whitely Lift Station:
Alderman Rubley made the motion to
authorize the Public Works
Department to blast for the Whitely
Lift Station. Alderwoman Watson
seconded. The roll call vote to
approve was unanimous, 6/0/0.
8. Resolution 435, Establishing
Commission and Committee Meeting Policies, Mr. Rubley:
Mr. Rubley said that he believes
that all Commission and Committee Meetings should be held in City owned
buildings. Mr. Riker agreed. The Mayor said that everyone seems to be very
pleased with where they can meet. Some of the commissioners have meetings
during the day, and there would be more conflicts with using the jury room or
the court room than we have now. Also, the Court House Building is not ADA
accessible and that leaves us wide open if someone wanted to sue. We have a
stair tracker, but people should not have added stresses, when they are volunteering
their time to the City. Some of the commissioners are older find it much easier
to meet at the Inn of the Ozarks, than to fight the constant and every day
parking problems at City Hall.
She thanked Randy Wolfinbarger for
his consistent generosity in letting commissions meet at the Inn of the Ozarks
in their meeting rooms and never charging for it.
After more discussion, the vote by
roll call was Aldermen Rubley and Riker for, Alderman Jeffrey, and Alderwomen
Watson, Dickens and Seratt against, 2/4/0.
9. Annual Merit/Cost of Living
Employee Raises:
Mr. Young said that the money was
budgeted to give the raises, and that he believes that every employee should
get a cost of living raise. He said that each department head has done
personnel evaluations.
Mr. Beauchamp said that historicly,
the Council has made the decision to give or not to give ‘cost-of-living
raises.
Alderman Rubley said that some of
the Department Heads have almost priced themselves out of .a job, and
questioned whether the Department Heads should receive a 5% increase.
Mr. Beauchamp said that if the
Council intends to put a ceiling on what Department Heads make, then the
Council should address what that ceiling
is.
Alderwoman Watson made the motion to
approve 5% raises to employees, the money to start at the beginning of the pay
period which was June 27,1996. Alderman Riker seconded.. By roll call, all were
in favor, 6/0/0.
Mr. Young thanked the Council for
approving the raises and the Personnel Policy Handbook.
COMMISSION, COMMITTEE, AND AUTHORITY
REPORTS:
1. Auditorium Commission: The
appointment of Larry Troillet, Position #2, which expires 7-9-2001:
CITY OF EUREKA SPRINGS
CITY COUNCIL MEETING MINUTES
JULY 9, 1996
Alderwoman Seratt made the motion to
approve Mr. Troillet for Position #2 on the Auditorium Commission. Alderwoman
Dickens seconded. By roll call, the vote was 5/0/1, with Alderman Rubley
abstaining, since he had not met the gentleman.
Alderwoman Watson made the motion to
adjourn. Alderman Riker seconded. All were in favor. The meeting was adjourned
at 11:08 a.m.