CITY COUNCIL MEETING MINUTES
SEPTEMBER 10, 1996
Mayor Barbara O’Harris
called the regularly scheduled meeting to order at
9 a. m. on Tuesday,
September 10, 1996, in the Western District
Courthouse.
PRESENT:
Mayor Barbara A. O’Harris;
Aldermen David Jeffrey, Chris Riker, and Bill
Rubley; Alderwomen Jan
Watson, Kim Dickens, and Sheila Seratt.
ALSO PRESENT:
David O’Neal, Chief Earl
Hyatt, Jay Miner, Don Young and Clerk Lee.
PLEDGE OF ALLEGIANCE:
Mr. Young led in the
Pledge of Allegiance.
APPROVAL OF THE AGENDA:
Mayor O’Harris said that
Resolution #437 inadvertently was left off of the
agenda, and would be
Item #13.
Alderman Rubley made the
motion to approve the agenda. Alderwoman
Watson seconded. All
were in favor, 6/0/0.
APPROVAL OF THE MINUTES:
Alderwoman Seratt made
the motion to approve the minutes of August 27,1996. Alderwoman Watson
seconded. Alderwomari Dickens found a typo on page three, Item 1, ‘in” front of
hotels. The vote to approve as amended was 6/0/0.
OLD BUSINESS:
There was no old
business.
NEW BUSINESS:
1. Group
Tour Franchise, Jerry Ballenger:
Alderwoman Watson made
the motion to approve Jerry Ballenger’s
application for a Group
Tour Franchise under Greater Eureka Springs Tour
Co. Alderwoman Dickens
seconded. All were in favor by roll call vote,
6 / 0 / 0.
2. Group
Tour Franchise, K. K. Kendrick:
Alderwoman Dickens made
the motion to approve Mr. Kendrick’s application for a Group Tour Franchise
under K. Tours. Alderwoman Seratt seconded. All were in favor by roll call
vote, 6/0/0.
3. Group
Tour Franchise, Robert Clark:
Alderwoman Dickens made
the motion to approve Mr. Clark’s application for a Group Tour Franchise under
Eureka Tours. Alderwoman Watson seconded. By roll call, the vote was 6/0/0.
4. Ordinance
#1723, Levy of 1/4% Sales and Use Tax, for the Auditorium:
Alderwoman Seratt made
the motion to place Ordinance #1723 on its first reading in its entirety.
Alderwoman Dickens seconded. All were in favor to read, 6/0/0.
Mr. Young read Ordinance
#1723 in its entirety.
Alderwoman Seratt made
the motion to approve. Alderwoman Watson seconded.
Alderman Jeffrey pointed
out two places that needed to be changed. One was on page one, under the third
whereas, to take out the superfluous ‘1/4% of”, and then change “personable” to
“personal’ property. Alderman Jeffrey made the motion to amend the ordinance
and Alderwoman Watson seconded. The vote was 6/0/0, to amend. The vote on the
first reading of the ordinance, as amended, was 6/0/0 by roll call.
Alderwoman Serrat made the
motion to suspend the rules and place Ordinance # 1723-A on its second reading
by title only. Alderwoman Watson
seconded. By roll call, the vote was 6/0/0.
Mr. Young read the
ordinance by title only.
CITY
OF EUREKA SPRINGS
CITY
COUNCIL MEETING MINUTES
SEPTEMBER 10, 1996
Alderwoman Watson made the motion to
approve. Alderwoman Seratt seconded. By roll call, the vote was 6/0/0.
Alderwoman Seratt made the motion to
further suspend the rules and place Ordinance #1723-A on its third and final
reading by title only. Alderman Riker seconded. By roll call, the vote was
6/0/0.
Mr. Young read the ordinance by
title only.
Alderwoman Watson made the motion to
approve. Alderwoman Seratt seconded. By roll call vote, 6/0/0, the ordinance
was passed on its third reading.
5. Ordinance
#1724, Special election for Ordinance #1723:
Alderwoman Seratt made the motion to
place Ordinance #1724 on its first reading in its entirety. Alderman Rubley
seconded. All were in favor, 6/0/0.
Mayor O’Harris read the ordinance in
its entirety. Alderwoman Seratt made the motion to approve. Alderwoman Dickens
seconded. The roll call vote was, 6/0/0.
Alderwoman Seratt made the motion to
suspend the rules and place Ordinance #1724 on its second reading by title
only. Alderwoman Watson seconded. By roll call, the vote was 6/0/0.
Alderwoman Seratt made the motion to
approve. Alderwoman Watson seconded. By roll call, the ordinance passed on its
second reading, 6/0/0.
Alderwoman Seratt made the motion to
further suspend the rules and
place Ordinance #1724 on its third
and final reading by title only.
Alderwoman Watson seconded. By roll
call, the vote was 6/0/0.
Mr. Young read the ordinance by
title only.
Alderwoman Seratt made the motion to
approve. Alderman Riker seconded.
By roll call, the ordinance passed,
6/0/0.
6. Ordinance
#1725, Levy of 1/4 % Sales and Use Tax, for Parks and
Recreation:
Alderwoman Seratt made the motion to
place Ordinance #1726 on its first reading in its entirety. Alderwoman Watson
seconded. The ordinance was corrected the same way as ordinance #1723, before
it was read. The vote to read was 6/0/0.
Mr. Young read the ordinance in its
entirety.
Alderwoman Seratt made the motion to
approve. Alderwoman Watson seconded. By roll call, the vote was 6/0/0.
Alderwoman
Seratt made the motion to suspend the rules and place Ordinance #1725 on its
second reading by title only. Alderman Rubley seconded. By roll call, the vote
was 6/0/0.
Mr. Young
read the ordinance by title only.
Alderwoman
Watson made the motion to approve. Alderman Riker seconded. By roil call, the
vote was 6/0/0.
Alderwoman
Seratt made the motion to suspend the rules and place
Ordinance
#1725 on its third and final reading by title only. Alderwoman
Watson
seconded. By roll call, the vote was 6/0/0.
Mr. Young
read the ordinance by title only.
Alderwoman
Watson made the motion to approve. Alderwoman Seratt
seconded. By
roll call, the ordinance passed on its third reading, 6/0/0.
7. Ordinance
#1726, Special Election for Ordinance #1725:
Alderman
Rubley made the motion to place Ordinance #1726 on its first reading in its
entirety. Alderwoman Watson seconded. All were in favor, 6/0/0.
Mr. Young
read the ordinance by title only.
Alderwoman
Serrat made the motion to approve. Alderwoman Watson
seconded. By
roll call, the ordinance passed on its third reading, 6/0/0.
CITY
OF EUREKA SPRINGS
CITY
COUNCIL MEETING MINUTES
SEPTEMBER 10, 1996
Alderwoman Seratt made the motion to
suspend the rules and place Ordinance #1726 on its second reading by title
only. Alderman Riker seconded. By roll call, the vote was 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 6/0/0.
Alderwoman Seratt made the motion to
further suspend the rules and place Ordinance #1726 on its third and final
reading by title only. Alderwoman Watson seconded. By roll call, the vote was
6/0/0. Mr. Young read the ordinance by title only.
Alderwoman Watson made the motion to
approve. Alderwoman Seratt seconded. By roll call, the ordinance was passed,
6/0/0.
8. Ordinance #1727, Levy of 1/4%
Sales and Use Tax for the Parking
Authority:
Alderwoman Seratt made the motion to
place Ordinance #1727 on its first reading in its entirety. Alderman Riker
seconded. The ordinance was corrected in the same manner as the above
ordinances before reading. The vote was 6/0/0.
Mr. Young read the ordinance in its
entirety.
Alderman Rubley made the motion to
approve. Alderwoman Watson seconded. By roil call, the vote was 6/0/0.
Alderwoman Seratt made the motion to
suspend the rules and place Ordinance #1727 on its second reading by title
only. Alderwoman Watson seconded the motion. By roll call, the vote was 6/0/0.
Mr. Young read the ordinance by
title only.
Alderwoman Watson made the motion to
approve. Alderwoman Seratt seconded. By roll call, the vote was 6/0/0.
Alderwoman Seratt made the motion to
further suspend the rules and place Ordinance #1727 on its third and final
reading by title only. Alderman Riker seconded. By roll call, the vote was
6/0/0. Mr. Young read Ordinance #1727 by title only.
Alderwoman Seratt made the motion to
approve. Alderwoman Watson seconded. By roll call, the ordinance was passed,
6/0/0.
9. Ordinance #1728, Special Election
for Ordinance #1727:
Alderman Rubley made the motion to
place Ordinance #1728 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 Seratt made the motion to
approve. Alderwoman Watson seconded. By roll call, the vote was 6/0/0.
Alderwoman Watson made the motion to
suspend the rules and place Ordinance #1728 on its second reading by title
only. Alderwoman Seratt seconded. By roll call, the vote was 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 6/0/0.
Alderwoman Seratt made the motion to
further suspend the rules and
place Ordinance #1728 on its third and final reading by
title only.
Alderman Riker seconded. By roll call, the vote was 6/0/0.
Alderwoman Seratt made the motion to approve. Alderman Riker
seconded.
By roll call, the ordinance was passed, 6/0/0.
10. Ordinance #1729, Levy of 1/4%
Sales and Use Tax, for Public
Transportation
CITY OF EUREKA SPRINGS
CITY COUNCIL MEETING MINUTES
SEPTEMBER 10, 1996
Alderwoman
Dickens 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.
Alderman Rubley made the motion to
suspend the rules and place Ordinance
#1729 on its second reading by title
only. Alderwoman Watson seconded.
By roll call, all were in favor, 6/0/0.
Alderwoman Dickens read the
ordinance by title only.
Alderwoman made the motion to
approve. Alderwoman Seratt seconded.
By roll call, the vote was 6/0/0.
Alderwoman Seratt made the motion to
further suspend the rules and place Ordinance #1729 on its third and final
reading by title only. Alderwoman Watson seconded. By roll call, the vote was
6/0/0. Alderwoman Dickens read the ordinance by title only. Alderwoman Seratt
made the motion to approve. Alderman Rubley seconded. The ordinance passed, by
roll call vote, 6/0/0.
11. Ordinance
#1730, Special Election for Ordinance #1729:
Alderman Rubley made the motion to
place Ordinance #1730 on its first
reading in its entirety. Alderwoman
Watson seconded. All were in favor,
6/0/0.
Alderwoman Watson read the ordinance
in its entirety.
Alderwoman Seratt made the motion to
approve. Alderman Riker seconded.
The vote, by roll call, was 6/0/0.
Alderwoman Seratt made the motion to
suspend the rules and place
Ordinance #1730 on its second
reading by title only. Alderman Riker
seconded. By roll call, the vote was
6/0/0.
Alderwoman Watson read the ordinance
by title only.
Alderwoman Seratt made the motion to
approve. Alderman Riker seconded.
The roll call vote was 6/0/0.
Alderwoman Seratt made the motion to
further suspend the rules and place Ordinance #1730 on its third and final
reading by title only. Alderwoman Watson seconded. By roll call, the vote was
6/0/0. Alderwoman Watson read the ordinance by title only. Alderman Rubley made
the motion to approve. Alderwoman Seratt seconded. By roll call, the ordinance
passed, 6/0/0.
12. Ordinance
#1721, 1% Sales Tax, Ms. Watson:
Alderwoman Seratt made the motion to
place Ordinance # 1721 on its final reading by title only. Alderman Jeffrey
seconded. By roll call, the vote was 2/4/0, with Alderman Jeffrey and Alderman
Riker voting yes. Ordinance #1721 failed on its third and final reading.
13. Resolution
437, Incorporation of Grassy Knob:
Alderwoman Seratt made the motion to
read Resolution #437. Alderwoman Watson seconded.
Mr. Miner read the resolution.
Alderman Jeffrey made the motion to
approve. Alderwoman Seratt seconded.
Mr. Miner then explained that it a
number of residents in an area desire to incorporate, they can petition. If
they are within 5 miles of a city, they must have a resolution and an
affirmative vote, If the town is divided by a natural terrain difference, which
it is, they don’t have to have it. It is questionable whether this resolution
is really needed, so this covers the bases.
By roll call, the vote was 6/0/0.
ADMINISTRATIVE ASSITANT’S REPORT:
Mr. Young said he had spoken with
Mr.Meggenberg, the school superintendent,
in reference to a sidewalk from Hwy 23 along Greenwood Hollow Road to
the school. An easement from the First
National Bank of
CITY OF EUREKA SPRINGS
CITY COUNCIL MEETING MINUTES
SEPTEMBER 10, 1996
Berryville would be needed, and the
sidewalk would need to be behind the trees, on the south side of Greenwood
Hollow Road for proper protection tor the children. He said that the school had
agreed to provide a school crossing guard at Hwy. 23 and Greenwood Hollow Road.
At that time, nobody had talked to the bank people about an easement. Alderman
Jeffrey mentioned that he thought an easement for a sidewalk already existed on
the other side of the road. Mr. Young said that then the children would be
crossing Mr. Johnson’s parking lot with cars driving in and backing out. It
wouldn’t be as safe.
COMMISSIONS:
Auditorium Commission: Virginia Voiers has resigned from
Position #5.
A person will be needed to fill her
position which expires 7-11-99.
Planning
Commission: Edwin Tolle is resigning from Position #7. His position is up until
January 1, 1997. The terms are three years.
Mayor O’Harris thanked Mrs. Voiers
and Mr. Tolle for their service to the community.
Alderman
Jeffrey said that Mr. Tolle was concerned about the 15 MPH sign in front of Bubba’s,
and then a little later the sign was 25 MPH for the school zone. He said that
Mr. Tolle thought that the 25 MPH sign should be first and then the 15 MPH
sign. Chief Earl Hyatt said that the 15 MPH sign is a curve crossing sign. It
is a suggested speed for the curve. The next sign is a 25 MPH school zone speed
sign. The Chief said that the City would have to petition the State Highway
Department to have anything done about the signs.
Mayor O’Harris handed out a short resume’ for Jack Dozier, to be considered
for the position on the Planning Commission
Parking Authority: Barbara Dicks is being considered for a full term.
Mrs. Dicks filled Position #4 when Dani Petty left, and that position term
ended September 1, 1996.
Alderwoman Seratt made the motion to approve Barbara Dicks for Position
#4 for the Parking Authority, the term to expire 9-1-2001. Alderwoman Watson
seconded. The roll call vote was 6/0/0.
Alderwoman Dickens made the motion to adjourn. Alderwoman Seratt
seconded. All were in favor. The meeting was adjourned at 10:30 a.m.