300
CITY OF EUREKA SPRINGS
TUESDAY, August 26,
1997
9:00 A. M.
CALL TO ORDER
ROLL CALL, ESTABLISHMENT OF QUORUM
PLEDGE OF ALLEGIANCE TO THE FLAG
APPROVAL OF TFIE AGENDA:
APPROVAL OF THE MINUTES: Regular Council Meeting, August 12,
1997
OLD
BUSINESS:
1. Ordinance No. 1761, amending the personnel
policy manual (second reading)
2. Ordinance No.
1765, Unfair Business Practices. (second reading)
3. Ordinance No.
1766, adoption of the Vision Plan. (first reading)
4. Directional Sign, Mr. Shepard, report
5. Old Police Building, Tom Johnson, report
NEW BUSINESS:
1. Ordinance No. 1756, Ordinance Departmentalizing Auditorium (Approved unanimously by Auditorim Commission)
MAYORS COMMENTS:
1. Southern Gospel Music Proclamation
ADMINISTRATIVE
ASSISTANT’S REPORT:
COMMISSION,
COMMIYFEE, AND AUTHORITY REPORTS:
ANNOUNCEMENTS:
Ordinance 1762, Tree Ordinance, Postpone 9-9-97, Discussion
9-2-97
Sidewalk Ordinance, Postpone 9-9-97, Discussion 9-2-97
Sign Ordinance, Postpone 9-9-97, Discussion 9-2-97
McClelland Engineering, Sewer, Sidewalks, Parks, Work in
Progress
ADJOURNMENT
CITY OF EUREKA
SPRINGS
REGULARLY SCHEDULED COUNCIL MEETING 301
AUGUST 26, 1997
Mayor Barbara
O’Harris called the Council Meeting to order at 9 a.m. on
Tuesday, August 26,
1997, in the Courtroom in the Western District
Courthouse.
PRESENT:
Mayor O’Harris, and
Alderpersons Seratt, Jeffrey, Christman, Freeland, and
Watson. Alderperson
Dickens was absent.
ALSO PRESENT:
David McNeal, Glenn
Strange, Georgia Rubley, Marvin Shepard, Don Matt, and
Sheila Hulsey, Deputy
City Clerk. Mr. Young and Mrs. Lee were absent.
PLEDGE OF ALLEGIANCE
TO THE FLAG:
Bill Freeland led in
the Pledge of Allegiance.
APPROVAL OF THE
AGENDA:
Mayor O’Harris said
that Mr. Johnson would have his report on the old police building for the
September 23rd Council Meeting, and it would be discussed at the Agenda-setting
Meeting of September 16th. He was taken off the agenda.
The motion to approve
was made and seconded, and all were in favor, 5/0/0.
APPROVAL OF THE
MINUTES:
The motion was made
and seconded to amend the minutes of the August
12, 1997 Council
Meeting. Mr. Jeffrey said on page 3, where it says the
Vision Plan, where it
says “as above” those two words should be taken out.
The motion was made
and seconded to approve the minutes as amended.
All were in favor,
5/0/0.
OLD BUSINESS:
1. Ordinance
# 1761, amending the Personnel Policy Manual, (second
reading):
The motion was made
and seconded to suspend the rules and place
Ordinance #1761 on
its second reading by title only. All were in favor,
5/0/0.
Alderwoman Seratt
read the ordinance by title only.
The motion was made
and seconded to approve. All were in favor, 5/0/0.
The motion was made
and seconded to further suspend the rules and place
Ordinance #1761 on
its third and final reading by title only. All were in
favor, 5/0/0.
Alderwoman Seratt
read the ordinance by title only.
The motion was made
and seconded to approve. All were in favor, 5/0/0.
2. Ordinance
# 1765, Unfair Business Practises, (Second reading):
The motion was made
and seconded to suspend the rules and place Ordinance # 1765 on its second
reading by title only. All were in favor, 5/0/0.
Alderman Jeffrey read
the ordinance by title only. The motion was made and seconded to approve.
Alderman Freeland
said that there has been discussed that perhaps the sign ordinance needs to be
repealed and this ordinance stretched to accomplish what needs to be done. The
sign should be simple. If it is on the sign, then something of that value or
greater value should be available. Mr. Miner said that the sign ordinance would
be discussed at the Planning Commission meeting, and hopefully something that
would be acceptable by all can be worked out. This ordinance is much easier to
be enforced because it is so straightforward. If someone makes a call, someone
will go out right away and take care of it.
CITY OF EUREKA
SPRINGS
302 REGULARLY SCHEDULED COUNCIL MEETING
AUGUST 26, 1997
The problem in the
past has been enforcement. Mr. Miner said that he and Chief Hyatt have
discussed this problem. They have never had a complaint of bait and switch. He
said that the law says that ordinances which cover time, place, and manner are
consistently upheld. It is when you get into the content, that there is a
problem.
Alderman Jeffrey
asked that each violation be a separate violation. Mr. Miner said anytime
something like this happens, it is a separate violation, so it isn’t necessary
to put it in the ordinance.
Alderwoman Seratt called
the question. All were in favor to vote, 5/0/0. Then the Council voted
on the second reading of Ordinance #1765 and all were in favor, 5/0/0.
The motion was made
and seconded to further suspend the rules and place Ordinance #1765 on its
third and final reading by title only. The vote was 4/1/0, with Alderman
Freeland voting no.
Alderman Jeffrey read
the ordinance by title only.
Alderman Freeland
said it is embarrassing to pass an ordinance by the council that cannot be
enforced. He said if this ordinance is good and enforceable then lets go with
it.
The vote on the third
reading was 5/0/0.
3. Ordinance #1766, adoption of the Vision
Plan, (first reading):
The motion was made
and seconded to place Ordinance #1766 on its first reading in its entirety. The
vote was 5/0/0.
Mr. Miner read the
entire ordinance. The motion was made and seconded to approve.
There was quite a
long discussion about whether or not to pass it and whether there will be
things in the Plan to come back to haunt us. Mr. Miner said there is nothing in
the Plan that is set in stone. It will be amended and changed over the years,
but it is a place to start. The roll call vote was 5/0/0, to approve.
4. Directional sign, Mr. Shepard, report:
Mr. Shepard visited
with Mr. Frank Crow, the owner of the Texaco Station does not have room enough
by his sign to put up ours. There is only about 2 1/2 ft. That puts everything
back to where it was before. Alderman Jeffrey suggested that perhaps the City
could talk to the State Highway Department and see if there a possibility of
putting the signs on highway right-of-way. The policy could have changed under
certain circumstances. Mayor O’Harris said she would be speaking with the State
Highway Department and she would give them Mr. Sheppard’s number, and she would
let him know who to contact in the event that they don’t respond.
NEW BUSINESS:
1. Ordinance #1756, Ordinance Departmentalizing
Auditorium (Approved unanimously by Auditorium Commission):
The motion was made
and seconded to place Ordinance #1756 on its first reading in its entirety. The
voice vote was 5/0/0.
Alderwoman Watson
read the ordinance in its entirety.
The motion was made
and seconded to approve. There was a discussion about how long the committee
would serve. Mrs. Rubley said anyone could be a friend of the Auditorium. The
roll call vote was 5/0/0, in favor.
Mayor’s Comments:
Mayor O’Harris read a
Proclamation making September 1997 Southern
Gospel Music Month,
in Eureka Springs.
CITY OF EUREKA SPRINGS
REGULARLY
SCHEDULED COUNCIL MEETING 303
AUGUST 26, 1997
Mayor OHarris
commended Chairman of the Parking Authority, Richard
Schrum, for the fine
work and all of the time and energy he devoted to the
Parking Authority.
She mentioned how much all of our City Commissioners
are appreciated.
Mr. Miner announced
that the hearing on the Petition to Annex Lake
Leatherwood will be
held in the Berryville Courthouse at 9 a.m. on
September 11, 1997.
Alderman Jeffrey said
that he and Alderwoman Dickens were to meet that day and she had to go out of
town. They are on the Tree Ordinance Committee with Lamont Richie. He said that
they would meet when she returns, but that they may not be able to meet the
dates that were set. They will try.
The motion was made
and seconded to adjourn. All were in favor. The
meeting was adjourned
at 10 a.m.
APPROVED: