CITY OF EUREKA SPRINGS

CITY COUNCIL MEETING MINUTES

AUGUST 13, 1996

 

Mayor Barbara O’Harris called the regularly scheduled meeting to order at 9 a. m. on Tuesday, August 13, 1996, in the Western District Courthouse.

 

PRESENT:

Mayor O’Harris, Aldermen David Jeffrey, Chris Riker, and Bill Rubley;

Alderwomon Jan Watson, Kim Dickens, and Sheila Seratt.

 

ALSO PRESENT:

Elizabeth Huff, Les Huff, Alan Epley, Bill Douglass, David Mc Neal, Sharon

Hamrn, Jack Holly, Cheryl Tucker, David Beauchamp, Paula Stitz, Bruce

Cully, Doris Darnall, Barbara Bird, P. Brady, Linnie Hammond, Audie Autrey,

Jay Miner, Don Young and Clerk Lee.

 

PLEDGE OF ALLEGIANCE:

Mr. Young led in the Pledge of Allegiance.

 

APPROVAL OF THE AGENDA:

Alderman Jeffrey brought the changes to Ordinance #1713-A to the

Council’s attention. It now has a new title, An Ordinance Providing for the

Holding Apart of Money on the Books of the City as Security for Payment of

Bonded Indebtedness.

Alderwoman Watson made the motion to approve the agenda. Alderwoman

Seratt seconded. The vote was in favor, 6/0/0.

 

APPROVAL OF THE MINUTES:

Approval of the July 23rd Council Minutes:

Alderwoman Watson made the motion to accept the minutes. Alderwoman Seratt seconded the motion. Alderman Jeffrey pointed out a small point on page 3, third paragraph, in which he asked the “on” be substituted for “and”. AU were in favor as amended, 6/0/0.

 

Approval of the August 6th Minutes for the Special Council Meeting:

Alderman Jeffrey made the motion to approve. Alderwoman Watson seconded. All were in favor, 6/0/0.

 

OLD BUSINESS:

1. Ordinance #‘1713-A, An Ordinance Providing for the Holding Apart of Money on the Books of the City as Security for Payment of Bonded

Indebtedness:

Alderman Jeffrey made the motion to place Ordinance #1713-A on its second reading in its entirety, because of the amendments. Alderman Rubley seconded. All were in favor, 6/0/0.

Mr. Young read the ordinance in its entirety.

Alderman Jeffrey made the motion to approve. Alderwoman Seratt seconded.

Alderwoman Watson said she was not ready to vote on this issue at this time. Alderwoman Watson said she is looking for some means of revenue and she is not ready to present her idea. She said she would appreciate a postponement until the next Agenda-Setting Meeting to be held on August 20th. She said she felt that her idea would be worth while for not only the parking garage but also some other projects in the City.

The Council voted 6/0/0 to postpone until the August 27th meeting, with discussion at the Agenda-Setting meeting on August 20th.

 

NEW BUSINESS:

1. Ordinance #1717, Vacating Part of Peerless Street & Un-named Alley,

Mr. A. Epley:

Alderwoman Seratt made the motion to place Ordinance #1717 on its first

reading in its entirety. Alderman Jeffrey seconded. All were in favor to read, 6/0/0.

Mr. Young read the ordinance in its entirety.

Alderman Jeffrey made the motion to approve. Alderman Riker seconded.

 

 

CITY OF EUREKA SPRINGS

CITY COUNCIL MEETING MINUTES

AUGUST 13, 1996

 

Alderman Rubley asked to see the map, and asked how wide the street and alley are. Mr. Epley said the alley is 16 feet wide and the street is 40 feet wide.

Alderman Jeffrey said that he didn’t see anything about the petitioners deeding the encroachments to the City in the ordinance. Alderman Rubley said he thought that the land value was too inexpensive, based on the values placed on some of his lots.

Mr. Jeffrey said that a fee appraisal is much closer to the real value than a mass appraisal, and that Mr. Greer’s tee appraisal was pretty close.

 

Alderwoman Seratt said that she hesitated because she thought Mr. Steve Beachum made a good case for not vacating the property.

 

Alderman Jeffrey said that the property is on a finger ridge. Several of the streets, including Peerless and the un-named alley end up in ravines. They don’t go anywhere. He sees no problem with the vacation because he said he doesn’t see any reason to hold on to the property under discussion. Alderman Rubley said that the Parks wants to maintain the green zones. Alderman Jeffrey said he had satisfied himself that there should be no reason that the City would want to hold on to them for green zones, there are green zones all around them.

Alderman Riker said he felt that if the Parks Commission felt that strongly, the Council should go along with them.

Alderman Jeffrey and Alderwoman Watson voted yes. The rest voted no, and the ordinance failed, 2/4/0.

 

Mr. Epley requested that the Council re-consider this vote and let him come back with another proposal, to keep him from having to go through another public hearing.

Alderwoman Dickens made the motion to re-consider the previous vote, and listen to a new proposal. Alderwoman Seratt seconded.

Five Council Members voted yes, and Alderman Rubley voted no, 5/1/0. Alderman Riker made the motion to postpone to August 27th and to be discussed on August 20th. Alderwoman Seratt seconded. The vote was 5/1/0, with Alderman Rubley voting no.

 

2. Ordinance #1716, Re-zone part of Block 7, Lots 1 & 5 in the Pines Subdivision, Leslie and Elizabeth Huff:

Alderwoman Seratt made the motion to place Ordinance #1716 on its first reading. Alderwoman Dickens seconded. All were in favor, 6/0/0. Mr. Young read the entire ordinance.

Alderman Riker made the motion to approve. Alderwoman Dickens seconded.

Alderwoman Seratt said she believes that the land really should be re­zoned to 0-2, however she has a problem with the fact that the Pines Subdivision has covenants.

Alderwoman Watson said that the covenants should be taken care of first. Alderwoman Seratt said that the covenants are between the property owners, but she is afraid that the Council will set a precedent for breaking covenants.

Alderwornan Dickens asked about the requirements for access. She asked if it would make a difference if the access was from Highway 62 and not into the Pines Subdivision.

 

Alderman Jeffrey said that there are no requirements to access. There would be no need to go through the Pines because there is access from the highway. Mr. Jeffrey said that the City entered into an agreement when they accepted the covenants, and now the Council is trying to modify that contract, so to speak. He said that he had talked to Mr. Miner, and that the covenants have nothing to do with re-zoning. He said that he would abstain from voting because of a conflict of interest. 

Mr. Riker said it was a unique situation and Mrs. Huff has gone through all the steps and he felt the Council should support her.

Alderwoman Dickens asked if all the properties bordering Hwy 62 were zoned commercial.  Alderman Jeffrey said all but about 5 or 6.

 

 

CITY OF EUREKA SPRINGS

CITY COUNCIL MEETING MINUTES

AUGUST 13, 1996

 

 

By roll call, Alderman Riker, Alderman Rubley, and Alderwoman Dickens voted yes; Alderwoman Seratt voted no, and Alderman Jeffrey and Alderwoman Watson abstained, 3/1/2. Mayor OHarris voted yes which made the vote 4/1/2. She said that since the Masonic Lodge and the TV tower are zoned commercial, that this piece of property should be zoned commercial, also.

 

3.    Ordinance #1710, Animal Control, Ms. McFadden:

The animal control officer was unable to attend the meeting. Mr. Miner said he was working on a re-write and that it is difficult to work the ordinance so that there were not too many animals in a house. Alderman Rubley made the motion to place Ordinance #1710 on its first reading. Alderwoman Seratt seconded. All were in favor, 6/Oil. Mr. Young read the ordinance in its entirety.

Alderman Riker made the motion to approve. Alderman Jeffrey seconded. Discussion followed. The Mayor said that the ordinance that the City has now should be enough. She said it is very clear and extensive ordinance that is already in the code. She said animals need to be inoculated, licensed and are not supposed to run loose at any time. She said the ordinance covers things quite completely. If people would take care of their animals, there would have been no need to even consider a new ordinance.

 

At this point in the meeting, Alderman Rubley reminded the Mayor that they are unloading chairs tor the Auditorium, and any help will be appreciated.

 

Mr. Young said that our animal control officer is attempting to control the amount of dogs running the City streets.

 

The consensus of the Council was reflected in the vote in which Ordinance #1710 failed, 0/6/0.

 

4.    Ordinance #1715, Adopting the 1996 Amended Budget:

Alderwoman Seratt made the motion to place Ordinance #1715 on its first

reading in its entirety. Alderwoman Watson seconded. All were in favor,

6/0/0.

Mr. Young read the ordinance in its entirety.

Alderwoman Seratt made the motion to approve. Alderman Riker seconded

By roll call, the vote was 6/0/0.

 

Alderwoman Seratt made the motion to suspend the rules and place Ordinance #1715 on its second reading by title only. Alderwoman Dickens seconded. All were in favor, 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, 6/0/0.

 

Alderwoman Seratt made the motion to further suspend the rules and place Ordinance #1715 on its third and final reading by title only. Alderwoman Watson seconded. All were in favor, 6/0/0.

Mr. Young read the ordinance by title only.

Alderwoman Watson made the motion to approve. Alderwoman Seratt seconded. All were in favor, 6/0/0.

 

Alderman Rubley made the motion to read the emergency clause.

Alderwoman Seratt seconded. All were in favor, 6/0/0.

Mr. Young read the emergency clause.

Alderwoman Seratt made the motion to approve. Alderwoman Watson seconded. 

All were in favor, 6/0/0.

 

 

CITY OF EUREKA SPRINGS

CITY COUNCIL MEETING MINUTES

AUGUST 13, 1996

 

5.   Repeal of Ordinance #1675, by Ordinance -#1718, Mr. Runge:

Mr. Runge’s mother died over the weekend and he was unable to attend the meeting. Alderman Jeffrey made the motion to place Ordinance #1718 on its first reading in its entirety. Alderwornan Watson seconded. All were in favor, 6/0/0.

Mr. Young read the ordinance in its entirety.

Alderman Jeffrey made the motion to approve. Alderwoman Dickens seconded.

The question arose at the table as to the legality of the way the ordinance was voted in. Mr. Miner said that it was a police regulation, made with trio approval of both franchise holders, and that it was not passed illegally. He said that LaVonne St. Clair had a three-wheel vehicle and still she agreed. Alderman Jeffrey apologized for using the word illegal. He said that he remembered that it was strictly a safety issue.

Alderwoman Dickens, Alderman Riker and Alderman Jeffrey voted yes. Alderman Rubley , Alderwoman Watson, and Alderwoman Seratt voted no. The ordinance failed for lack of a majority, 3/3/0.

 

6.   Resolution #436, Funding Agreement for Carroll County Solid Waste

District:

Alderwoman Seratt made the motion to read Resolution #436. Alderman

Riker seconded. By roll call the vote was 6/0/0.

Mr. Young read the resolution.

Alderwoman Seratt made the motion to approve. Alderman Riker seconded

Mayor OHarris said that this should have been signed, and that it has been

signed by all of the other entities. The roll call vote was 6/0/0.

 

At this time the Mayor said again that Channel 31 has been announcing that the delivery of the 750 seats for the auditorium is today, and they need strong backs and willing hearts to help unload them. It is saving the auditorium money by using volunteer labor and it is greatly appreciated. It will take a couple of days to do it. It cost for the loading, but if it can be done by volunteer help here it will save quite a bit of money. Walmart brought them to us for no cost. She said that the people at the Auditorium didn’t want to keep the truck there longer than necessary.

 

Mayor O’Harris announced that the Fire Department is forming a Ladies Auxiliary. The first meeting will be held at Fire Station #3 next door to McDonald’s on Thursday, August 22, 1996 at seven p.m. She has seen how much it has helped the Fire Departments in other towns around us. Holiday Island’s Ladies Auxiliary numbers 250 members, and all of the auxiliaries do a lot to help. Anyone can join, male or female. The City always needs equipment and we need a new ladder truck. It will help our house insurance to go down even more.

 

7. Authorization for Parades as follows:

1.   4th Annual Volkswagon Parade, Saturday, August 24th at 1 p.m.

2.   26th Antique Automobiles Parade, Saturday, September 14th, at

11 p.m.

3.   49th Ozark Folk Festival Parade, Thursday, September 26th at 4.

 

Alderman Rubley made the motion to okay all three parade requests as submitted. Alderwoman Seratt seconded. All were in favor, 6/0/0.

 

There was no Administrative Assistant’s report.

 

Department Reports:

Alderwoman Seratt said that the Police Department will be moving into the new facility on Monday.

 

Alderman Jeffrey reported that the foundation and basement wall is being poured for the new office building at Public Works.  They are in the process of marking the new parking spots that the Council passed an ordinance on.  They may have to wait for Friday for a couple of them,

 

 

CITY OF EUREKA SPRINGS

CITY COUNCIL MEETING MINUTES

AUGUST 13, 1996

 

because of the truck parked moving the rock on Spring St. Mr. Young said that the company doing that must notify the City if they have to block the street, and the understanding is that it would be done in a couple of months. Also there is an agreement that the truck will be out of there on Fridays and Saturdays.

 

Alderwoman Watson said that the Transit Department is moving along. It is showing some profit, but there is no way to know how it will shape up for this year.

 

Mayor O’Harris had proposed Audie Autrey for Position #4 on the Planning

Commission to fill the term which will expire 7-1-2000. She will be

replacing Dr. Patricia Crigler.

Alderwoman Seratt made the motion to approve Audie Autrey. Alderman

Riker seconded. She was unanimously approved, 6/0/0.

 

The Mayor made the motion to go into executive session on a personnel matter.

 

Mr. Rubley asked that the Council recess for about 5 minutes. The Mayor

agreed and said they would then go right into executive session.

The recess was from 10:18 a.m. to 10:27 a.m.

The executive session was from 10:28 to 10:51 a.m.

 

The Council Meeting was reconvened at 10:53 a.m. The Mayor announced

that the purpose of the Executive Session was to terminate the Police

Chief, Paula Stitz, effective today, August 13th.

A new interim Police Chief will take over tomorrow. She asked the

Council if they wanted to make a motion to dissuade the decision.

Alderwoman Seratt said she would. There was no support for her motion.

 

Alderman Rubley made the motion to adjourn. Alderwoman Watson seconded. All were in favor, 6/0/0.