CITY OF EUREKA SPRINGS
COUNCIL
MEETING MINUTES
The
It
was held in the courtroom of the Western District Courthouse.
PRESENT: Mayor
Satori, and Alderpersons Jeffrey, Schrader, Freeland , Sumpter and
ALSO PRESENT:
Ed Leswig, James DeVito, Bruce Levine, Bill Earngey, Kelly Simon, Diane Murphy,
Kirby Murray, David White, Mary Jean Sell, Ron & Ruth Morrison, Don Matt, Kim Dickens, Sherry Wilson and
Clerk Lee.
PLEDGE OF
ALLEGIANCE: Mayor Satori led in the
Pledge of Allegiance.
APPROVAL OF
THE AGENDA:
Mayor Satori
said that items 4 through 6 under new business will be postponed due to
workshops. He added Parks Commission,
Position 7, Expiration date 11/22/2004, under Commissions, Committee, and
Authority Reports and Vacancies.
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 and seconded to approve the minutes of August 8th, 2000. The amendments were noted. All were in favor, 6/0/0.
COMMISSION,
COMMITTEE AND AUTHORITY REPORTS AND VACANCIES:
Mayor Satori
reminded the Council that he had recommended Bill Featherstone for the Parks
Commission before when Karen Brawley changed her mind about resigning and
stayed on the Commission. At that time
the Council had time to consider and hear from the citizens about his
nomination.
The motion was
made and seconded to approve his nomination.
Alderman Schrader said the Council should wait two weeks, and give the
citizens time to respond. After some
discussion, the vote was 5/1/0, with Alderman Schrader voting no.
DEPARTMENT
HEAD COMMENTS:
There were no
comments.
CITY ADMINISTRATIVE
ASSISTANT’S REPORT:
Ms. Dickens
reminded anyone in the community who was planning to run for a City Council
Position or for the City Attorney Position to get their petitions signed and
get their paperwork in by the 8th of September. Mayor Satori said that they would need 30
signatures of registered voters in the City of Eureka Springs.
UNFINISHED
BUSINESS:
Discussion regarding Ordinance No.
1841, Animals, Animal Licensing, Fines and Fees, (Third reading):
The motion was
made and seconded to place Ordinance No. 1841 on its third and final reading,
by title only. The ordinance had been
read for the third time and the vote had been postponed. The ordinance was back under discussion. Alderman Schrader said that the memorandum
that City Attorney Wilson gave the Council members was very helpful, to help
them to better understand the ordinance.
After more discussion, the vote on the third reading of Ordinance No.
1841 was 5/1/0, with Alderman Freeland voting no.
Discussion regarding Ordinance No. 1847,
an ordinance amending Section 46-89, Fire Department, (Second reading):
The
motion was made and seconded to suspend the rules and place Ordinance No. 1847
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. 1847 on its third reading by title only.
The vote was 5/1/0, with Alderman Freeland voting not to read.
Ms.
Dickens read the ordinance by title only.
The
motion was made and seconded to approve.
All were in favor, 6/0/0.
Discussion regarding detour onto
Grand Avenue during winter construction:
Mr.
Murray came to the meeting to explain why the City cannot go against the plan
to use Grand Avenue while the work is being done on North Main Street. This plan had been in place since March, and
then relayed to the State Highway Department, and they developed their plans
accordingly.
The
sewer trunk line replacement and the Highway replacement will both start at the
same time, which is November 1st, 2000. One lane is to be kept open at all times.
Any
change now will result in more cost and could interfere with the loan for the
treatment plant. Also, a change could
result in a one year delay in replacing Highway 23 North. Both projects are important.
There
was quite a long discussion, and Mr. And Mrs. Ron Morrison came again to speak
to the issue. Mrs. Morrison had
suggested that there be signage at the Missouri border to alert the large
vehicles to the fact that they would have to travel a difficult detour route to
Highway 62. Mr. Murray agreed to discuss such signage with the Missouri State
Highway Department and see what could be done.
The Morrisons have serious concerns about the detour route, several of
which involve the infrastructure of the route.
Mr. Murray said the City would do their best to prepare for and repair
the problems that might be caused. The
motion was made and seconded to allow Grand Avenue to be used during the time
the work is being done, but to leave the signage there until the work
begins. The vote was 6/0/0.
NEW
BUSINESS:
Discussion regarding amendment to
Carroll County Solid Waste Contract, regarding rates:
Ms.
Dickens said that one of the main reasons the solid waste collection rate is
going up is because The Carroll County Solid Waste Authority is entering into a
new contract with a solid waste provider.
The City has been benefited for a number of years, because they forgot
to change the numbers on our contract each time it was renewed. They caught it this time and there will be a
rate increase. It was mentioned that
this is a 12 ½ % increase, and part of it is inflation.
The
motion was made and seconded to approve this increase. All were in favor, 6/0/0.
Discussion regarding Ordinance
No. 1821, an ordinance to regulate the preservation of trees, (First reading):
The
motion was made and seconded to place Ordinance No. 1821 on its first reading.
Alderman
Taylor asked that the City Attorney go over this ordinance and make sure it is
not infringing on people’s constitutional rights.
Mayor
Satori said the Planning Commission has been working on this for a year and a
half. After some discussion, it was
found that Ms. Wilson had not looked over the ordinance. The Planning Commission was finishing the
ordinance about the time Ms. Wilson was hired.
Ms. Wilson was asked to go over the ordinance before it was read.
The
motion was made and seconded to postpone to the next Council meeting, on
September 7th, 2000. Alderman
Jeffrey said Mr. Bill Schenk had been unable to attend the meeting but had
given the Council a memo stating his concerns.
He felt that Ms. Wilson should also look into those ideas. The vote was 6/0/0, to postpone.
Discussion regarding speed hump
policy:
The
motion was made and seconded to accept the speed hump policy.
The
vote was 5/1/0, with Alderman Stoppel voting no.
Discussion regarding Ordinance
No. 1845, an ordinance amending sections 106-191, 106-195, 106-221, 106-301,
106-321, 106-342, and 106-361, pertaining to parking, (First reading):
The
motion was made and seconded to postpone the reading until after the workshop
to be held August 22, 2000 at 1:00 p.m.
All were in favor, 6/0/0.
Discussion regarding Ordinance
No. 1816, an ordinance amending in its entirety, Ordinance 1075, Zoning
Ordinance, (First reading):
The
motion was made and seconded to set a workshop on Ordinance No. 1816, zoning,
and the date and time were set for August 31th, 2000, at 1 p.m. All were in favor, 6/0/0.
Ms.
Dickens reminded the Council that the meeting on the Vision Plan is Wednesday,
August 30th, 2000. The video will be shown at 5 p.m. and the meeting
will begin at 7 p.m.
Mr.
Schrader said that the Planning Commissioners were very comfortable with
sending Mr. Leswig to represent them in these workshops.
Discussion regarding Ordinance
No. 1830, an ordinance regulating Landscaping and Screening, (First reading):
Ms.
Dickens asked that the reading be postponed.
The ordinance was written by the Planning Commission. Both Ms. Harrington, the land use attorney,
and Ms. Wilson should probably take a look at it before it is read.
No
action was taken.
Permission for banner, 127 Spring
St., Grand Opening, August 31-September 10th, 2000:
Permission for banner, “Welcome
Marklin Train Show”, August 31-September 10th, 2000:
Ms.
Dickens explained that the Grand Opening banner would be at 127 Spring St.
The
Marklin Train Show banner would be across the beginning of Spring St.
Alderman
Jeffrey said he didn’t see why the Council constantly should have to vote on
these banners. He feels a policy should
be developed so that banners would not be brought to the Council.
Ms.
Dickens said a different council had voted to bring it to the Council to be
voted on, but she could certainly draw up a policy for the Council’s approval.
The
motion was made and seconded to approve the two banners on the agenda. All were in favor, 6/0/0.
CITY
COUNCIL COMMENTS:
Alderman
Sumpter asked if the Passion Play was still collecting CAPC tax for the City of
Eureka Springs.
Ms.
Wilson responded that State has been confused about what kind of tax they were
being asked about. Ms. Wilson said the
first opinion from the Attorney General’s office was faulty because they
thought they were giving an opinion about a different tax. The A&P tax is permitted to be collected
by the Smith Foundation by State law and they have said that they will continue
to collect the tax for the CAPC until someone gives them a firm opinion that
they cannot collect it.
The
Attorney General’s office cannot give an opinion on this tax to a municipality,
so they have asked Senator John Fitch to get an opinion, and they are waiting
for that now. Legally speaking, the City
is not in any jeopardy by accepting the tax, nor would we have to return the
money at this time.
Alderman
Sumpter asked that restructuring the City’s Information Channel be taken off of
the ongoing projects section of the agenda, and also the property insurance bid
package.
Alderman
Schrader said that at the meetings on the subject of the information channel,
that he had attended, the cost of the project was prohibitive. It is very complicated project. The item can
be removed until someone has a proposal to present to the Council.
Alderman
Schrader was still insistent that the bid package should be looked at.
Ms.
Dickens said that the Auditor has never mentioned that the City needs to redo
the bid package that is being used. If
the Council feels that a new bid package needs to be done, they should ask that
it be put on the agenda. They are the
only ones that can change the bid package.
A copy of the bid package has always been available for the asking.
Alderman
Sumpter asked if the staff is working on the water rates increase. Ms. Dickens said Ms. Wilson is working on it
and it will be on the next agenda.
MAYOR’S
COMMENTS:
Mayor
Satori said that there was an article in the newspaper about the problem with
the hospital. The City hasn’t received a
formal exit notice from Washington Regional as yet. They have to give six months notice. Ms. Dickens said the Council will have to
make a decision as to what to do.
Alderman
Schrader asked what Washington Regional would take in the way of equipment from
our hospital. Mayor Satori said all the
city did was lease them the building and the equipment that was already
there. He said any equipment that they
provided, they would take with them. He
said this is a subject the Council needs to keep in mind, because it will be
coming up.
ADJOURNMENT:
The
motion was made and seconded to adjourn.
All were in favor, 6/0/0. The
meeting was adjourned at 9:10 p.m.
This
is the signature sheet for the Minutes dated August 17th, 2000.
APPROVED:
_________________________
Beau
Satori, Mayor
ATTEST:
_________________________
Mary
Ann Lee, Clerk-Treasurer