CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

DECEMBER 10, 1996

 

Mayor Barbara A. O’Harris called the regularly scheduled meeting to order on Tuesday, December 10th, 1996 at 9 a.m., in the Western District Courthouse jury room.

 

PRESENT:

Mayor O’Harris, Alderwomen Dickens, Seratt, and Watson, and Alderman

Jeffrey. Aldermen Rubley and Riker were absent.

 

ALSO PRESENT:

David McNeal, Jay Miner, Don Young, Don Matt and Clerk Lee.

 

PLEDGE OF ALLEGIANCE:

Don Young led in the Pledge of Allegiance.

 

APPROVAL OF THE AGENDA:

Mayor O'Harris amended the agenda to add the minutes of the November

20th Special Meeting.

Alderwoman Seratt made the motion to approve the agenda as amended.

Alderwornan Dickens seconded. The vote was 4/0/0.

 

APPROVAL OF THE MINUTES:

November 12, 1996:

Alderwoman Seratt made the motion to approve the minutes of November

12th, 1996. Alderwornan Dickens seconded. The vote to approve was

4/0/0.

 

Alderwoman Seratt made the motion to approve the minutes of the Special Council Meeting held on November 20th, 1996. Alderwoman Dickens seconded the motion. The vote to approve was 4/0/0.

 

Alderwoman Seratt made the motion to approve the minutes of November 26th, 1996. Alderwoman Dickens seconded. Clerk Lee gave the Mayor, members of the Council and Mr. Young copies of Page 2, which corrected two errors in spelling. The vote to approve was 4/0/0.

 

OLD BUSINESS:

1. Ordinance #1740, Rezoning a part of Block 179, R & A Survey (second reading), Mr. Alan EpIey:

Alderwoman Seratt made the motion to place Ordinance #1740 on its second reading by title only. Alderwoman Watson seconded. All were in favor, 4/0/0.

Mr. Young read the ordinance by title only.

Alderwoman Watson made the motion to approve. Alderwoman Seratt seconded. All were in favor, 4/0/0.

 

Alderwoman Seralt made the motion to suspend the rules and place Ordinance #1740 on its third and final reading by title only. Alderwoman Watson seconded. All were in favor, 4/0/0.

Mr. Young read the ordinance by title only.

Alderwoman Watson made the motion to approve. Alderwoman Seratt seconded. All, were in favor, 4/0/0. Ordinance #1740 passed on the third reading.

 

2. Ordinance # 1733, Vacating part of First Street, (second reading), Mr. Alan Epley:

Alderwoman Seratt made the motion to place Ordinance #1733 on its second reading by title only. Alderwoman Watson seconded. All were in favor, 4/0/0.

Mr. Young read the ordinance by title only.

Alderwoman Seratt made the motion to approve. Alderwoman Dickens seconded.  All were in favor, 4/0/0.

 

CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

DECEMBER 10, 1996

 

AIderwornan Seratt made the motion to suspend the rules, and place Ordinance #1733 on its third and final reading by title only. Alderwoman Watson seconded. All were in favor, 4/0/0.

Mr. Young read the ordinance by title only.

Alderwoman Seratt made the motion to approve. Alderwoman Watson seconded. All were in favor, 4/0/0. Ordinance #1733 passed on its third reading.

 

NEW BUSINESS:

1.      Ordinance #1741, Vacating part of Summit Street, (First Reading) Wade

Williams:

Mr. Williams explained that a house was built on a part of Summit Street as it was platted. However, the street was not built where it was platted. There is a sale pending on the property, and this vacation is to clear the title, and will not affect anything on the ground. After some discussion to reassure the Council members that everything will remain as it is on the ground, Alderwoman Seratt made the motion to place Ordinance #1741 on its first reading in its entirety. Alderwoman Watson seconded. The vote was 4/0/0.

Mr. Young read the ordinance in its entirety.

Alderwoman Seratt made the motion to approve. Alderwoman Dickens seconded. By roll call, the vote was 4/0/0.

 

Alderwoman Seratt made the motion to suspend the rules and place Ordinance #1741 on its second reading by title only. Alderwoman Watson seconded. By roll call, the vote was 4/0/0.

Mr. Young read the ordinance by title only.

Alderwoman Seratt made the motion to approve. Alderwoman Watson seconded. By roll call, all were in favor, 4/0/0.

 

Alderwoman Seratt made the motion to further suspend the rules and place Ordinance #1741 on its third and final reading by title only. Alderwoman Watson seconded. By roll call, all were in favor, 4/0/0. Mr. Young read the ordinance by title only.

Alderwoman Seratt made the motion to approve. Alderwoman Watson seconded. By roll call, all were in favor, 4/0/0.

 

Alderwoman Seratt’ made the motion to read the Emergency Clause. Alderwoman Watson seconded. By roll call, the vote was 4/0/0. Mr. Young read the Emergency Clause.

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

Mr. Williams was asked why the ordinance needed an emergency clause, and he explained that a sale of the property is pending and the passage of the ordinance is to clear the title. It does not change the property on the ground. Both the seller, and the buyer are anxious to conclude their business.

The role call vote was 4/0/0, and the ordinance was passed.

 

2.      Transit Department, Adopting the 1997 Budget, Mr. Fargo:

Mr. Young said that Mr. Fargo needed a few more days to complete his budget, and asked for a postponement. He has received a short extension from the State..

Mayor O’Harris said that the Council would also need to meet about the rollback funds from the State due to the reappraisal. There was an error, and until the error is taken care of and her information is correct, she can’t present it to the Council. It does not need approval by the Council, but she feels that the Council needs to be aware of it, before she signs it. The Council set a date for Monday, December 13th, 1996, at 7 p.m.

 

3.       Resolution 439, city to participate in water line grant through the Arkansas Rural Community Grant for the elderly day care center.  Alderwoman Seratt made the motion to read Resolution #439.

 

CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

DECEMBER 10, 1996

 

Alderwoman Dickens seconded. By roll call, the vote was 4/0/0.

Mr. Young read the entire resolution.

Alderwoman Seratt made the motion to approve. Alderwoman Watson seconded. The resolution had a double “the" on the second page. There was no other discussion, since it had been previously explained that although the City had to okay the grant, the matching funds would come from Dr. Hopkins’ organization. By roil call, the vote passed, 4/0/0.

 

4.            Ordinance #1742, adopting the 1997 Municipal Budget:

Alderwoman Seratt made the motion to place Ordinance #1742 on its first reading. Alderwoman Watson seconded. The Mayor reminded the Council that it had, at a previous meeting, talked about postponing the vote until the new Council was sworn in. The Alderwomen withdrew the motion and second. Alderwoman Watson made the motion to postpone until the January 14th meeting. Alderwoman Dickens seconded. All were in favor, by roll call, 4/0/0.

 

5. Ordinance #1743, granting an easement for airspace and support pillars for restoration of a second level balcony on the Walker Brothers Building, Mr. Lewis Epley:

The Mayor reminded the Council that this was in their boxes, even though it had not been discussed in a meeting. The project has been approved by the H.D.C. Mr. Alan Epley, representing Mr. Lewis Epley, said that Mr. Lee PohI is proposing to build a balcony, on the old Walker Brothers building. He showed the Council a Bank of Eureka Springs Calendar which showed how the building looked with the balcony on the building in the 1930's. The balcony will have an iron railing. As does every building in Eureka Springs, any balcony or awning infringes on the air space over the sidewalks owned by the City. Mr. Epley showed drawings of what would be done if the Council okays it. Alderman Jeffrey asked that Kirby Murray be asked to look at the property and make sure that it won’t be easily hit by large vehicles passing by.

Alderman Jeffrey made the motion to place Ordinance #1743 on its first reading and then discuss it further at the January 7th Agenda-setting meeting. Alderwoman Seratt seconded. All were in favor, 4/0/0, by roll call.

Mr. Young read the ordinance in its entirety.

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

Mr. Jeffrey suggested that Kirby Murray, Director of Public Works check to see if the proposed changes would cause any problems from large vehicles passing by on the street. Is the street slanted or is there any chance a truck, for instance, might bump the posts or the balcony?

Mr. Young said that he would ask Mr. Murray to give a report at the January 7th Agenda-Setting Meeting. Alderwoman Seratt asked that sidewalks also be put on that agenda.

By roll call, the vote was 4/0/0.

 

6. Bids on Automobile insurance for the City, Mr. Young:

Mr. Young reported that there were no bids on the Insurance.

He said that Municipal League sent us a bill for the insurance in 1997, so it could be considered a bid. It is for about $14,000, which is a very good deal.

Alderwoman Dickens made the motion to approve the proposal from Arkansas Municipal League.

Alderwoman Seratt seconded. By roll call, the vote to approve was 4/0/0.

 

7. Annexation of Lake Leatherwood:

Alderman Jeffrey asked Jay to pursue what is needed to start the proceedings for the annexation of Lake Leatherwood. This will go on the agenda for the January 7, 1997, Agenda-setting meeting.

 

CITY OF EUREKA SPRINGS

COUNCIL MEETING MINUTES

DECEMBER 10, 1996

 

ADMINISTRATIVE ASSISTANTS REPORT:

Mr. Young said that we received a sales and use check. It was the October check and put us down 1.47% for the year. This is the least we have received in the last five years.

 

DEPARTMENT REPORTS:

No Reports.

 

COMMISSION, COMMITTEE AND AUTHORITY REPORTS:

1. Auditorium Commission: Position 5 is vacant.

4. Historic District Commission: Position #3, Frank Green, is up and Mr. Green has agreed to serve again. Also Position #5, Beverly Wilkinson’s position is up, and she will be willing to serve again, if the Council so desires. Alderman Jeffrey made the motion to accept the reappointment of both Mr. Green, and Ms. Wilkinson. Alderwoman Watson seconded. All approved, 4/0/0, by roll call.

6. Parking Authority: Position 2 is vacant.

8. Planning Commission: George Christman, who was recently elected to the City’ Council, has resigned from the Planning Commission, Position 6.

 

ANNOUNCEMENTS: Mayor O’Harris thanked the Councfl for their service to the community, and mentioned Mr. Rubley and Mr. Riker because they were both absent. She also thanked all of the people who have served on commissions this year. She said the Tourism Advisory Committee is on recess for now, and she thanked them for their hard work on the solution to taking the buses off the loop. It was not an easy job and she congratulated them for compromising so that the job could be done. She said that each person who volunteers his time to help work out the City’s problems is owed a debt of gratitude from every citizen in the City.

 

Alderwoman Watson made the motion to adjourn. Alderwoman Seratt seconded. All were in favor, and the meeting was adjourned at 9:50 a.m.