416 DEPARTMENT HEADS COMMENTS:
COMMISSION,
COMMITTEE, AND AUTHORITY
REPORTS:
Vacancies:
Planning, Position 3,
expires 7/1/98
ONGOING
PROJECTS:
McClelland Engineering,
Sewer, Sidewalks, Parks, Grant Work in Progress
Ordinance No. 1782, amending the sign
ordinance to allow the display of banners.
Ordinance No. 1789, an ordinance amending the noise ordinance. Ordinance No. , an ordinance updating the Municipal Code book for the current building codes.
CITY
COUNCIL MEETING
TUESDAY, July
28th, 1998
Mayor Barbara O’Harris called the meeting to order at 9 a.m., on Tuesday, July 28,1998, in the Court Room of the Western District Courthouse.
PRESENT:
Mayor O’Harris, Alderpersons Seratt, Jeffrey, Zeller, Freeland, Christman, and Watson.
ALSO
PRESENT:
Alan Long, David Dempsey, Kirby Murray, Nikki Salazar, Ed
Leswig, Diane
Murphy, David Beauchamp, Kathy Harrison, Beau Satori, Earl
Hyatt, Kim
Dickens, Don Matt, Jay Miner and Clerk Lee.
PLEDGE OF ALLEGIANCE:
Ms. Dickens led in the Pledge of Allegiance.
APPROVAL OF THE AGENDA:
The motion was made and seconded to approve the agenda. All
were in favor, 6/0/0.
APPROVAL OF THE MINUTES:
The motion was made by Alderman Christman to approve the
minutes of June 23rd, 1998 as written. Alderman Freeland seconded. It was
pointed out that if there were any amendments, they could not be approved as
written. Aldermen Christman, and Freeland withdrew their motion and second.
They then made the motion and second to approve as amended. With a few minor
amendments, the vote to approve, as amended, was 5/0/1, with Alderwoman Seratt
abstaining.
Clerk Lee asked that the minutes of July 14th, 1998, be
postponed. She left out the discussion on Department Head raises, and it needs
to be in the minutes. She apologized to the Council and asked that approval be
postponed until August 11th. The motion was made and seconded to do so, and the
favorable vote was 6/0/0.
OLD
BUSINESS:
1. Ordinance No. 1770, an ordinance amending Chapter 9,
Section 9.04.03, Sidewalks, of the Municipal Code of the City of Eureka
Springs, revising requirements for building and maintaining sidewalks, (first
reading), To be postponed:
The motion was made and seconded to postpone reading this
ordinance until August 25th, 1998. All were in favor, 6/0/0.
2. Ordinance No. 1779, an ordinance providing a pay back plan for private persons utilizing an existing water/sewer line(s) that was initially paid for by private citizens. (Second Reading):
The motion was made and seconded to suspend the rules and
place
CITY OF
EUREKA SPRINGS 417
CITY COUNCIL MEETING
TUESDAY, July 28th, 1998
3. Ordinance No. 1791, an ordinance regarding Carroll-Boone expansion,
(second reading):
The motion was made and seconded to suspend the rules and place
Ordinance No. 1791 on its second reading by title only. All were in favor, 6/0/0.
Ms. Dickens read the ordinance by title only.
The motion was made and seconded to approve.
Mr. Satori still didn’t understand some points.
Alderman Freeland explained the important points, which are: the City is
in no way obligated in the bond issue to update the system; the City will only
be paying for the amount of water it uses; and the City will receive all the
water it needs. Yes, the water rates will go up, and naturally some of the rate
increase will pay for the bond issue.
The vote, by roll call, was 6/0/0 in favor.
4. Ordinance No. 1790, an ordinance to re-zone the First United
Methodist
Church property on Hwy 23 to 0-2, (second reading):
The motion was made and seconded to suspend the rules and place
Ordinance No. 1790 on its second reading by title only. All were in
favor,
6/0/0.
Ms. Dickens read the ordinance by title only.
The motion was made and seconded to approve. All were in favor, 6/0/0.
The motion was made and seconded to further suspend the rules and place
Ordinance No. 1790 on its third and final reading by title only. By roll call,
the vote was 5/1/0, with Alderman Freeland casting the no vote. Ms. Dickens
read the ordinance by title only.
The motion was made and seconded to approve. Since there had been no
controversy, or question about the re-zoning, all were in favor, 6/0/0.
5. Ordinance No. 1792, an ordinance regarding a water tap for Stroup on
Rockhouse Road, (second reading):
Alderwoman Watson asked for a postponement until the August 11th
Council Meeting. She said she was not prepared to vote on it. Alderman
Christman seconded, and the vote was 5/1/0, with Alderwoman Seratt
voting no to postpone.
NEW BUSINESS:
1. Resolution No. 451, regarding the Outdoor Recreation Grant:
Alderwoman Seratt made the motion to read Resolution No. 451, with
Alderman Freeland seconding. The vote in favor was 6/0/0. Ms. Dickens read the
resolution.
Alderwoman Seratt made the motion to approve. Alderman Christman
seconded. There was a lot of discussion.
Ms. Salazar, Parks Director, said that the deadline for the matching
grant is August 20th, 1998.
The main thrust of the discussion was how much money this would actually
cost the City, and where the money would come from, if we even have it. The
matching money was $50,000 for the grant. However, the other cost to the City
would be to move utility lines, and that could be another $50,000 or more. The
Parks Commission has $13,000 right now toward this project. This will be used
for Phase 1 of the Sportsplex. Alderwoman Zeller said that the City does not
have the money unless it goes into reserves.
Alderwoman Watson said what about the problems with the dam? Where would
the money come from for that if it is, indeed, as badly in need of repair as we
were told.
After more discussion, Alderwoman Watson made the motion to postpone
until the August 11th Council meeting. Alderman Christman
seconded. ~The vote was ~/4/~ and the
motion was not carried ~partial line~
418
CITY OF EUREKA SPRINGS
CITY COUNCIL
MEETING
TUESDAY, July 28th, 1998
Alderman Freeland said that he is for anything that
is a they spend 50% and we spend 50%.
Alderman Jeffrey said he is also in favor of a 50-50
deal. He hates to see the City pass up this opportunity.
Alderwoman Watson asked how much was in the reserve
account, which is $200,000 to $300,000.
David Beauchamp said that part of the sales and use
tax money does go in to General Fund Capitol. Part of the reason he gets
uncomfortable when the General Fund Capitol account is depleated is because
that is where the bond indebtedness is paid from.
The vote on Resolution No. 451 was 4/1/1. Aldermen
Freeland, Jeffrey and Christman and Alderwoman Seratt voted yes, Alderwoman
Zeller voted no, and Alderwoman Watson abstained.
2. Approval for Public Works to be responsible for
maintenance at the North Main Parking Lot:
Kirby Murray said that the total cost for this year
to maintain that property would be $621. for the rest of the year. He said that
for 39 weeks next year, it would cost the City $1404. He said that Verla
Donnell said it will take about three and one-half hours weekly to maintain the
lot. He said there will eventually be a watering system put in, which cost
$150. and that will cut down on maintenance. It was decided that since it is
within Mr. Murray’s budget, no vote is necessary.
At this time Jay Miner, City Attorney reported on the
on-going court cases that the City is involved in:
1. The Weaver case: The City wanted to purchase the
Weaver property by eminent domaine. They offered $26,000 for the property which
was the approximate appraisal. A hearing was held. Once the City decided to do
this by eminent domaine, the only thing to be decided was the price the City
would have to pay. Mr. Weaver wanted $60,000 for it. The jury came back that it
was worth $80,000.
Mr. Miner did research in case law that said that a
City can back out of eminent domaine anytime before the purchase price is paid,
if there was not any bad faith.
The City declined to buy it for $80,000. The judge ruled,
backed by case law, that it was not bad faith to back out. The court of appeals
judge ruled that it was, if the City had the money to pay for it. There were
charges that Judge Clinger thought the City should have to pay for, however, he
could not rule that the City pay them. The Court of Appeals ruled that the city
pay Mr. Weaver’s legal fees of $18,162.00. There may be a few more charges that
will have to be paid, but this is what the legal fees amount to at this time.
2. The Freeman Waste Lawsuit:
They are still in discovery. More depositions will be
take in August. The trial was set, by Judge Clinger, for November 4th, 1998.
3. A case was filed in federal court recently, for
six million dollars. The City has filed this case with Municipal League, and
they have not contacted us. Mr. Miner said he cannot comment further.
4. The case filed in Chancery Court by Rose Hall has
been answered by Mr.
Miner. He filed a memorandum stating his views
according to case law.
That is all that has happened so far.
Alderwoman Zeller said that the $18,000 plus check
for the Weaver Case came out of the general fund, and that took care o! the
$20,000 that the City was head for the month. She asked how much more money
would have to be paid.
|
Barbara A.
O’Harris |
CITY OF EUREKA SPRINGS 419
CITY COUNCIL MEETING
TUESDAY,
July 28th, 1998
David Beauchamp reminded
Alderwoman Zeller that Sales and Use Tax is
divided into three parts: 1 Cent goes into General Fund Capital, 60% of
one cent goes into Streets, and 40 % of one cent goes into General Fund
Operating, so that any money we receive goes into those three places.
MAYORS COMMENTS:
The Mayor reminded the Council that they had requested a six month
report from the Transit Department. She said that it was a good looking report.
ADMINISTRATIVE ASSISTANTS REPORT:
Ms. Dickens reported that the latest Sales and Use Tax report is in.
Our deposits were $177,220.53. The amount distributed was $174,139.01.
We are up 3.68% for the year.
Alderwoman Zeller said that the Transit Department is running a $4900.
deficit. The Mayor said that the Transit Department hasn’t been open and
running for very long. They did a little business in April, but the season is
just barely under way for them. Alderwoman Watson said it was the best she had ever
seen in this four year period that she had served on Council.
Ms. Dickens said she and Bill had received several phone calls about the
noise ordinance and they were going to come up with a date to hold a meeting
and contact people to be there. The mayor asked that something be ready to
present to the Council by the agenda-setting meeting.
The 1998 amended budget will be ready very shortly. Then it will be time
to set up the 1999 budget. Alderwoman Seratt asked that there be an itemized
list of all employees salaries since the raises.
The motion was made and seconded to adjourn. All were in favor, 6/0/0. The meeting was adjourned at 10
a.m.
ATTEST: