CITY COUNCIL
MEETING MINUTES
THURSDAY, JANUARY
21, 1999
Mayor
Beau Satori called the meeting to order at 7 p.m. on Thursday, January 21, 1999
in the Western District Courtroom.
PRESENT: Mayor Satori, and Alderpersons
Jeffrey, Taylor, Schrader, Sumpter, Stoppel and Freeland.
ALSO
PRESENT: Enid Swartz, Robert McVey, A. Sydney Satori, Kathy
Harrison,
John Contreras, L.J. Smole, Kirby Murray, Carolyn Walker, Royal
Alcott,
Ed Leswig, Karen Brawley, Elizabeth Latino, Pete Latino, Cindy
Sumpter,
Robin Lumley, K.J. Zumwalt, Clary Perez, Jack Holly, Brianna
Freeman,
Teri Freeman, David White, Sally Riker, James Thackery, Jack
Albert,
Connie Thomas, Jack Moyer, Charles Goodwin, Fred Widger, Jack
Muzio,
Ashle Lechtenberger, Craig Bova, Jon Loudermilk, Earl Hyatt, David
Beauchamp,
Constance Schrader, Alan Long, Kim Dickens, Don Matt, and
Clerk
Mary Ann Lee.
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EUREKA SPRINGS
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THURSDAY, JANUARY 21, 1999
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APPROVAL OF THE AGENDA: The Administrative Assistant asked that the
Proclamation for Ronald McDonald House be added to the agenda. Alderman
Schrader objected on the grounds that the City was granting special favors,
when regular citizens can’t get just anything on the agenda. It was explained
to Alderman Schrader that this is something that had just come in and it is an
organization that benefits the families of patients, mostly children, who have
life-threatening or terminal illnesses.
Alderman Freeland made the motion to place the reading of the Ronald
McDonald House Resolution and the Hospice Awareness Day Resolution number one
under New Business. Alderwoman Taylor seconded and all were in favor, 6/0/0. Alderman Schrader then made the
motion to suspend the rules and add the Ronald McDonald House Proclamation to
the agenda. Alderman Stoppel seconded, and all were in favor, 6/0/0.
APPROVAL OF THE MINUTES: City Council Meeting Minutes of December
8th, 1998, and January 7th, 1999.
December 8th, 1998:
Mr. Stoppel and Mr. Satori were at the meeting, and Mr. Freeland and Mr.
Jeffrey were on the Council. They said the minutes were satisfactory.
The motion was made and seconded to approve the minutes. All were in
favor, 6/0/0.
Approval of the minutes of January 7th, 1999:
There were some typos, and a word needed changing. The motion was made
and seconded to approve the minutes as amended. All were in favor,
6/0/0.
Alderman Freeland left.
MAYOR’S STATE OF THE CITY ADDRESS; Mayor Satori said he hadn’t prepared a
State of the City Address. He gave a talk about how he sees the City to be at
this time. He said the Council and he would be examining the budget and
re-structuring the budget. His State of the City Address will be on February
18th, 1999. The actual birthday of the City is Valentine’s Day, February 14th,
1999. He said he intends to take serious action to make changes that will
instill success into small businesses. He said the City needs to maximize all
of its services. He said the Departments are in good shape. The City employs
about 100 employees, and they love their jobs. It is up to the City to provide
benefits and salaries to keep them. Mayor Satori said that every Department
needs more. The City will do the best they can.
He believes that the marketing of the City is where the answers lie. He
said that there will be no more new studies about what needs to be done. He
said action will be taken on what we already know. Mayor Satori said that the
City is rushing head long toward the year 2000. It will be a time of tremendous
change. We will have to work together. We need to understand that we are all
responsible for each other. The town is everyone’s responsibility. We may be
the only 19th Century town in the world. We have a lot to offer and we want the
world to know it! Alderman Freeland returned.
Unfinished Business:
1. Council procedures for 1999. It was the Mayor’s suggestion to put
this on the agenda because of the situation that arose over nominations. It was
not addressed at the first meeting. Our procedure for dealing with the
timeliness of nominations needs to be included in the regular procedures.
Alderwoman
Taylor made the motion to discuss and come up with a procedure for the
nominations of the City’s
commissioners.
Alderman Schrader seconded. The vote was 6/0/0. Alderman Schrader said he
thought that there
could be no reason not to wait for two weeks
after the nomination has been made by the Mayor. Alderwoman Taylor
said that
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Alderman Freeland said that resumes are very helpful. Ms. Dickens said
that it is the Council’s responsibility
to at least call a nominee, and
speak with them.
After more discussion, Alderman Freeland made the motion that
nominations be made at a regular meeting
and the next regular meeting
they be voted upon. Alderman Schrader seconded. The only nominations that
the Council makes are the
Council representatives to the C.A.P.C, and any vacancies on the Council. The
rest are done by the mayor.
Mayor Satori said that he wouldn’t want to take too long to get things done. He
said,
however, that State Law, for
good reason, requires that Council actions take time.
Alderman Schrader said it is a citizen’s duty to help the mayor find
nominees. The vote on Alderman Freeland’s
motion was 6/0/0.
Alderman Schrader said that he had four items that were given to the
mayor and he had not put them on the
agenda. Ms. Dickens said that with the volume of work that crosses the
mayor’s desk, perhaps the person
should give the work to her, and she will see that it is discussed with
the Mayor, and contact the person if it
will not be put on the agenda. The only limitations the mayor was aware
of was that some councils limit the
amount of times an item can be brought up during the year. Alderman
Freeland suggested that anyone having
an item for the agenda bring it to Kim and have her put copies in the
boxes.
Alderman Schrader said that “Council Procedures” should remain on the agendas
until all of them are set for
the year.
2. Date for Special Election on Noise Ordinance No. 1797. The Election Commission
has set April 13th, 1999 as
the day they would like the election held. Alderman Freeland made the
motion to accept April 13th,1999 for the
Special Election on the noise ordinance. Alderwoman Taylor seconded. All
were in favor, 6/0/0.
3. 1999 City Budget: Days and times were set to hold budget workshops.
Alderwoman Taylor made the motion to hold sessions on Tuesday, January 26th,
1999, at 2 p.m., Wednesday,
January 27th, 1999, at 2 p.m., and a Special Meeting, Thursday, January 28th, 1999 at 2 p.m. to perhaps
finish
discussion and to vote. Alderman Sumpter seconded. All were in favor,
6/0/0.
NEW BUSINESS:
1. Proclamations
for Hospice Awareness Day and Ronald McDonald House, and Share A Heart
Campaign.
City
Administrator, Kim Dickens read a Proclamation honoring Hospice Awareness Day,
which is February 10th, 1999.
She also read a Proclamation for Ronald McDonald
House’s annual Share A Heart Campaign which begins on
January 22nd. They have read hearts for a person to
sign as they donate a dollar. Ronald McDonald House of the
Ozarks has served 56 Carroll County families. When
families find themselves in desparate situations, they don’t always
know where to
turn. Ronald McDonald House lends a compassionate helping hand.~
At this point the Mayor reminded the audience that if
they hadn’t signed in, they should so that the clerk would have a record
of
attendance.
2. The Mayor
gave his reason for his veto of the election by the Council of two members of
Council to serve on the CAPC.
He said he felt that those nominations, just as other
nominations, should have the two weeks for public input. He said an
action can be vetoed by the Mayor, within five days
of the action, and the Council may over-ride his veto with four votes.
The veto was presented to and received by the City
Clerk and is filed in
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EUREKA SPRINGS 473
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COUNCIL MEETING MINUTES
THURSDAY,
JANUARY 21, 1999
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Alderman
Jeffrey made the motion to postpone the vote on any nominations until February
4th, 1999. Alderman Freeland seconded.
The voice vote
was 6/0/0.
Nominations were then made to be
considered for the two seats on the CAPC.
Alderman Freeland nominated Alderwoman Becky Taylor.
Alderman Stoppel nominated Alderman David Jeffrey.
Alderman Schrader nominated Alderman Bill Freeland.
Alderman Jeffrey nominated Alderman Bryan Sumpter.
Alderman Sumpter seconded all four nominations.
Alderman Freeland made the motion for recess. Alderman Sumpter seconded.
The Mayor declared a 12 minute break. The
meeting was recessed at 8:48, and reconvened at 9 p.m.
3. Ordinance No. 1604, Section 1, 4.16.07 Performing Musicians and
Artists (Nikki Salazar):
Ms. Salazar said that the U.S. Supreme Court had passed down a ruling
that Cities can’t charge for a permit to play in the parks.
She is asking the Council to have an amended ordinance written. Alderman Sumpter made the motion for Ms.
Dickens, working with
the City Attorney, to prepare an ordinance to amend Ordinance No. 1604.
Alderman Jeffrey seconded. The voice vote was 5/0/1, with
Alderwoman Taylor abstaining.
4. Animal
Control,(Earl Hyatt):
Chief Hyatt said that this is probably already in the budget since we
budget for animal control every year. He sent a memo
stating what his ideas are. One of these is that the person would work
by contract, and not be considered an employee of the
city. The Clerk will put the memorandum in at the end of the minutes in
the minute book. The contractor will be answerable to
the Chief of Police.
Alderman Sumpter made the motion to enable the chief to advertise for a
contractor to fill the need for an animal control person.
Alderman Jeffrey seconded. All
were in favor, 6/0/0. Chief Hyatt said the software is already set up to handle
a log for animals that
have been through the system, with his goal being enforcement.
5. Rural Advocacy Council Grant- Robert McVey.
Chief McVey explained the Rural Fire Board. The State Legislature has
set up enabling laws to form this board. Annual memberships
are $25 for land that has no structure on it, and $50. with structures.
Right now they have about $17,000. in funds. They would like permission
to apply for a grant. They would
like to buy a 2,000 tanker so they can take water with them when they need to.
Alderman Jeffrey made the
motion to approve their permission to apply for a grant. Alderwoman
Taylor seconded. The roll call vote was 5/1/0, with Alderman Schrader
voting no.
6. CAPC Tourism Bond-- Transit Department-- bave Jeffrey. Alderman
Jeffrey explained that the indebtedness could be paid off and then the
CAPC could pay the City, and it
would save a lot of interest dollars. After much discussion, the Council said
they would like Alderman Jeffrey to
look into any other options, to investigate and inform the Council and
Mayor.
7. Kettle Campground Sewer:
Mr. Kirby Murray gave a short history of the sewering of Highway 62
East. Basically, the people who are sewered have paid a good deal of the
cost of the sewer projects. The Walden Group paid for their own. The
owners of
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EUREKA SPRINGS
CITY COUNCIL MEETING MINUTES
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hook them into the line. The cost will be $5,180. All other costs would
be paid by the campground. The line would go from Kettle Campground to the
Exxon Station property. All of the easements are in hand. Alderman Stoppel made
the motion to approve the expenditure of $5,180 for the Kettle Campground
project. Alderwoman Taylor seconded. All approved, 6/0/0.
8. Appointment
of a new Police Officer, (Earl Hyatt):
Chief Hyatt presented John Contreras for the vacancy on the Police
Force. He said the gentleman’s qualifications include the necessary training,
and his background check was extensive. Alderman Freeland made the motion to
approve Mr. Contreras. Alderman Sumpter seconded, and the vote was unanimous,
6/0/0.
9. Removal
of City Advertising and Promotion Commissioners:
Mayor Satori said he had studied the minutes for the last ten years. He
said that he was not satisfied with the way three of the commissioners voted on
many issues. He said he would present a profile on each of the commissioners to
be removed, which are Randy Wolfinbarger, Marvin Shephard, and Jon Loudermilk.
He said he planned to re-structure the CAPC. Mayor Satori spoke at length of
his reasons. He asked for a Special Meeting to be held to vote on the subject.
Alderwoman Taylor made the motion to call a meeting Tuesday, January
26th, at 7 p.m., for the purpose of voting on removing CAPC commissioners Randy
Wolfinbarger, Marvin Shepard, and Jon Loudermilk . Alderman Schrader seconded.
The vote was 5/0/1, with Alderman Jeffrey abstaining.
10. Removal of City Planning Commissioners:
Mayor Satori said he was not happy with the direction the Planning
Commission has been heading. He also said he did not believe that a real estate
person should be on the commission. He said he feels the removals would enable
the City to create a stronger commission. He named Sid Boutwell, Jack Dosier,
and Scott Rullifson as the commissioners he wanted to remove. He called for a
motion to set a date and time for a Special Meeting to vote on the removal.
Alderman Schrader made the motion to set the second meeting immediately after
the seven o’clock meeting to consider the removal of the three named
commissioners. Alderman Freeland seconded.
Alderman Sumpter left. The vote on the Second Special Meeting was
5/0/0.
Mayor Satori had appointed Kathy Harrison for Position 2 on the Planning
Commission. Alderwoman Taylor made the motion to confirm Kathy
Harrison for the position. Alderman Schrader second. The vote was
unanimous, 5/0/0.
Cemetery Commission nominee is Samuel Ingles. Also Jane La Rue has
volunteered for Position Four. The expiration date for the that position is
February 15, 1999. The mayor said that he wants people who will hold meetings
and give reports on funds and really get interested in the commission. He would
like to hear a report about improvements along with the possibility of
bathrooms, now that the new sewer line will be going in.
Alderwoman Taylor made the motion and Alderman Jeffrey seconded to
adjourn the meeting at 11:20 p.m. All were in favor, and the meeting was
adjourned at 11:20 p.m.
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CITY OF EUREKA SPRINGS 475
CITY COUNCIL MEETING MINUTES
THURSDAY, JANUARY 21, 1999
APPROVED:

ATTEST:
Mary An Lee, City Clerk- Treasurer
January 13, 1999
Mary Ann Lee City
Clerk
44 S. Main
Eureka Springs,
Arkansas
Dear Ms. Lee:
On January 7,
1999 the City Council of Eureka Springs voted to approve the selection of Alderman Dave
Jeffrey and Alderman Bill Freeland to the Council positions for the CAPC. At
the time of this motion and approval the City Council had neglected to address
the procedures for nominations to commissions but, had expressed a desire that
nominations be made at least one week prior to voting in order to take in citizen
input. With these considerations in mind I do hereby veto the selection of Dave
Jeffrey to the CAPC. And do separately veto the selection of Alderman Bill
Freeland to the CAPC
Furthermore, I
intend to place nomination procedures on the January 21, 1999 agenda for City
Council discussion and determination.
Sincerely,
Beau Satori
Mayor
received
1/13/99
Mary Ann Lee, Notary
Carroll County State of Arkansas
My Commission Expires May 12, 2005