CITY
OF EUREKA SPRINGS
Mayor Barbara O’Harris
called the regularly scheduled meeting to order at 9 a. m. on Tuesday, October
8, 1996, in the Western District Courthouse.
PRESENT:
Mayor Barbara A.
O’Harris; Aldermen David Jeffrey, Chris Riker, and Bill
Rubley; and Alderwomen
Sheila Seratt, Kim Dickens and Jan Watson.
ALSO PRESENT:
Alan Epley, David
McNeaI, Earl Hyatt, Pat Kite, Marc M. Clark, Jay Miner, Don Young, and Clerk
Lee.
PLEDGE OF ALLEGIANCE:
Mr. Young led us in the
Pledge of Allegiance.
APPROVAL OF THE AGENDA:
Alderwoman Seratt made
the motion to approve the agenda. Alderwoman
Dickens seconded. All
were in favor, 6/0/0.
APPROVAL OF THE MINUTES:
Alderwoman Dickens made
the motion to approve the minutes of the
September 24th, 1996,
City Council Meeting. Alderwoman Seratt
seconded.
All were in favor,
6/0/0.
Alderman Jeffrey made
the motion to approve the minutes of the Special Council Meeting held October
2, 1996 at 7 p.m. Alderwoman Seratt seconded. The vote was in favor, except for
Alderman Riker, who abstained because he wasn’t at the October 2nd meeting,
5/0/1.
OLD BUSINESS:
1. Ordinance
# 1732, to Re-zone lots 1 through 7, and part of Lot 8, Block
179, R & A Survey
from R-1 Victorian Residential, to C-1Victorian Commercial, Second Reading:
Alderwoman Seratt~ made
the motion to place Ordinance #1732 on its second reading by titIe only.
Alderwoman Dickens seconded. All were in favor, 6/0/0.
Mr. Young read the
ordinance by title only.
Alderman Rubley made the
motion to approve. Alderwoman Seratt seconded the motion. The vote was
unanimous to approve, 6/0/0.
Alderwoman Watson made
the motion to suspend the rules and place
Ordinance #1732 on its
third and final reading by title only. Alderwoman
Seratt seconded. By roll
call, the vote, in favor, was 6/0/0.
Mr. Young read the
ordinance by title only.
Alderwoman Seratt made
the motion to approve. Alderwoman Watson
seconded. The vote to
approve was 6/0/0, and Ordinance #1 732 passed.
NEW BUSINESS:
1. Establish
a No Parking Zone at 14 Washington St., Ordinance #1735:
Alderwoman Seratt made
the motion to place Ordinance #1735 on its first reading in its entirety.
Alderman Rubley seconded. All were in favor, 6/0/0.
Mr. Young read Ordinance
#1735 in its entirety.
Alderwoman Watson made
the motion to approve. Alderwoman Dickens seconded.
Alderman Jeffrey said he
would like to see this passed on the first reading and then anyone who wants to
talk about it can come to the Agenda-Setting meeting scheduled for October
15th, at 7 p.m. The Council agreed.
The vote was unanimously
in favor, 6/0/0.
CITY OF EUREKA SPRINGS
CITY
COUNCIL MEETING MINUTES
OCTOBER 8, 1996
2. Request for Street Light, SE
Corner of the Bank of Eureka Springs Parking Lot on South Main St.:
Pat Kile said that she is definitely
in favor of this. She said the area that it. would light is very dark, and
there had been a light there before the bank did its construction. She felt
that the light is badly needed. Alderman Rubley made the motion to approve the
light on the southeast corner of the Bank of Eureka Springs parking lot on
South Main Street. Alderwoman Watson seconded.
The general consensus was that the
southeast corner is not on South Main Street. Alderman Rubley and Alderwoman
Watson withdrew their motion and second respectively.
Alderman Rubley made the motion to
approve a street light for the southeast corner of, the Bank of Eureka Springs
parking lot. Alderwoman Seratt seconded. After more discussion, the consensus
was to find out exactly where the light would be located. Alderman Rubley
withdrew his
3. Composting Facility to be Added
to the Facility Plan:
Kirby Murray was not at the meeting.
At the Agenda-setting Meeting he had explained the need for protection from any
odors that might at one time or another be noticible from the existing
facility. He said that it is a form of protection for the City to have a plan,
in case there ever is a problem.
Alderman Rubley wanted an estimate
of what it would cost to add it to the Facility Plan.
Alderman Jeffrey said it would be
like an estimated cost to ask for an estimated cost. This does not lock the
City into anything. It is just to add this to the Facility Plan, and McClelland
will add it to their estimate. Alderwoman Seratt called the question. The vote
to call the question was five for stopping the discussion and Alderman Rubley
against, 5/1/0. The vote to approve adding a composting facility to the
Facility Plan was four, yes, Alderman Rubley, no, and Alderman Riker abstained,
4/1/1.
The Council went back to item #2,
the Street Light issue:
Alderman Jeffrey made the motion to
approve a street light on the southeast corner of the Bank of Eureka Springs
parking lot, between Armstrong St. and South Main St. Alderwoman Watson
seconded. All were in favor, 6/0/0.
4. Ordinance #1714, Mr. Miner:
Mr. Miner said he had adjusted the
ordinance and that perhaps the Council would like to read it over and discuss
it at the next Agenda-setting Meeting, before voting on it.
Alderman Riker made the motion to
postpone the reading of Ordinance #1714 until the October 22nd Council Meeting
and for it to be discussed at the October 15th Agenda-setting Meeting.
Alderwoman Seratt seconded. All were in favor, 6/0/0.
5. Ordinance # 1734, Police
Undercover Fund, Chief Hyatt:
Alderwoman Watson made the motion to
place Ordinance #1734 on its first reading in its entirety. Alderman Dickens
seconded. AU were in favor, 6/0/0.
Mr. Young read the’ ordinance in its
entirety.
Alderwoman Watson made the motion to
approve. Alderwoman Dickens seconded.
Alderman Rubley called attention to
the second WHEREAS in the ordinance that says there are no existing funds with
which to operate undercover operations in the cases of theft and illegal drugs.
He asked Chief Hyatt how those cases are being handled now.
Chief Hyatt said that in the past.
the City of Eureka Springs has relied upon the Sheriff’s Department, or
the 19th Judicial Drug Task Force to conduct drug investigations, or
stolen property investigations within the City. The City Police Department has not had the funds to do these
investigations, and therefore, could not control these investigations. By creating this fund, the City could
conduct their own investigations.
CITY OF EUREKA SPRINGS
CITY COUNCIL MEETING MINUTES
OCTOBER 8, 1996
Alderwoman Seratt asked if this
would take the County out of any investigations in Eureka Springs.
Chief Hyatt said that we can’t take
the County out of any investigations in Eureka Springs. If they are conducting
investigations that lead them into the City, they have jurisdiction in the
City. What it does, is, the City does not have to rely on the County to come
and help us with an investigation. Right now, the City has to wait until they
can come.
Marc Clark asked why this particular
branch of police work needs this fund. He also feels this is an unjust and
unbalanced penalty for a particular crime that has no victim. Why does the City
need to have a fund? The police are paid to do their job.
Chief Hyatt said the police are paid
a salary to do their job. In the case of a person selling stolen property, and
the police are trying to make a case, there is no fund in which to purchase
that stolen property, and make the case and make an arrest. The same thing
applies with the illegal sale of controlled substance. If there is a person
selling a controlled substance, the best way to make a case is to buy from that
person.
Marc Clark asked where the money
will come from.
Mr. Miner said the initial $1000
will come from the City. After that it will be replenished in various ways,
from fines collected from those involved in the illegal activities. There are
controls over it. We will use the legislative audit system. The Treasurer will
know how much is in the fund. It will be the City’s assets, but it will stay in
that line item. This kind of operation stops a lot of the scam operations, and
it is effective in drug and stolen properties operations.
By roll call vote, the vote was
5/0/1, with Alderman Riker abstaining.
Alderwoman Watson~ made the motion
to suspend the rules and place Ordinance #1734 on its second reading by title
only. Alderwoman Dickens seconded. All were in favor to read, by roll call
vote, 6/0/0.
Mr. Young read the ordinance by
title only.
Alderwoman Seratt made the motion to
approve. Alderwoman Watson seconded.
In discussion, it was agreed that
the Council would not read the ordinance the third time at this session.
The roll call vote was 5/0/1, with
Alderman Riker abstaining.
6~ Set Public Hearing Date for
Transit, Oct. 22, 1996:
Alderwoman Seratt made the motion to
set the date of the Transit Hearing
for Tuesday, October 22, 1996 at
8:30 a.m. Alderwoman Watson seconded.
By roll the vote was 6/0/0.
Mayor O’Harris said she has been
reading the Vision Plan. She said that everyone knows that we need a City
Planner. The problem has been how to pay one. She said that she has some ideas
for trimming the budget that she would like to bring up at the meeting. She
said that the Vison Plan is the result of about 100 people’s efforts, and the
City should work toward those goals. There is only one copy of the book now,
but Don Young’s office is looking into getting some extra copies.
CITY OF EUREKA SPRINGS
CITY COUNCIL MEETING MINUTES
OCTOBER 8, 1996
ADMINISTRATIVE ASSISTANTS REPORT:
Mr. Young reported that the Batik of
Berryville is going to give the City the land needed to build a sidewalk from
Highway 23 to the School.
Mr. Miner said that while an
easement is good, owning the land is better. It will have the torte immunity of
the City.
Mr. Young reported that the school
has promised a school crossing guard at Highway 23 and Greenwood Hollow Road,
and one at Lake Lucerne Road. The sidewalk will go along near where the
irregation system is and then down a little hill and take a part of the parking
lot which is about four feet on the NE end of the parking lot and angle over
and go down the stairs off the hill and out to the school. The sidewalk will be
on the south side of Greenwood Hollow Road. It was agreed that the children
shouldn’t be crossing Greenwood Hollow Road.
DEPARTMENTS:
There were two reports. Alderwoman
Seratt, Liaison for the Police Department, reported that Grant Hardin had
resigned. An ad was placed in the paper for the position.
Alderman Jeffrey, Liaison for the
Public Works Department, said that the Public Works building is closed in and
is about 70% finished. He said that all of the inside still has to be done.
Mayor O’Harris announced that the
State Turn-Back funds showed a minus 9.90%. There is still a .91% increase over
last year.
COMMISSIONS:
1. Auditorium:
Vacancy on Position 5.
6. Parking
Authority: Vacancy on Position 2.
The Mayor announced that she was not
prepared to make a decision on commssion vacancies at this time. She asked the
Council for suggestions.
Alderwoman Seratt made the motion to
adjourn. Alderwoman Watson seconded. All were in favor, 6/0/0. The meeting was
adjourned at 10:03 a.m.