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, Stoppel, Freeland and Sumpter. Alderman Taylor was absent.
ALSO PRESENT:
Ed Leswig, Bill Goodson, Kirby Murray, Bob McVey, Brent Updegraph, Susan
Lourne, Mr. & Mrs. Ron Morrison, Jon Loudermilk, Mary Jean Sell, Kelly
Simon, Kim Dickens, Sherry Wilson, Don Matt, and Clerk Lee.
PLEDGE OF
ALLEGIANCE: Mayor Satori led in the Pledge of Allegiance.
APPROVAL OF
THE AGENDA:
Items 1 and 2
under New Business were really items 3 and 4 under old business. Under New Business, the remaining items were 1,2, and 3.
The motion was
made and seconded to approve the agenda as amended. All were in favor, 5/0/0.
APPROVAL OF
THE MINUTES:
Ms. Dickens
said there were no minutes to approve but they would be ready for the next
meeting.
COMMISSION,
COMMITTEE, AND AUTHORITY REPORTS AND VACANCIES:
Mayor Satori
said that Bill Goodson stopped him on the street and asked if he could help by being on one of the commissions. Mayor Satori asked him if he would serve on
the planning commission and he said he would.
Mr. Goodson
introduced himself to the Council, gave a short synopsis of his history with
Eureka Springs and said he wanted to give something back to the community.
The motion was
made to approve Mr. Goodson for Position #7 which will expire
DEPARTMENT
HEAD COMMENTS:
Fire Chief Bob
McVey reminded the public to set their clocks back next Saturday, October 28th,
2000, He also gave his annual message of
put new batteries in smoke alarms in the spring and in the fall when the time
changes. He briefly touched on
statistics on the importance of having working smoke alarms and having enough
of them in the home.
He asked that
the Fire Department be allowed to put up a banner from October 27th
to October 31st to remind people to change the batteries in their
smoke alarms.
The motion was
made and seconded to approve the banner.
All were in favor, 5/0
CITY
ADMINISTRATIVE ASSISTANT’S REPORT:
No comments.
UNFINISHED
BUSINESS:
Consideration of Ordinance No. 1816,
Zoning Ordinance, (Third Reading);
This will be
considered at the
Consideration of Ordinance No. 1852,
Sunday Liquor Sales, (Second Reading):
Sherry Wilson,
City Attorney, explained to the Council that Sunday Liquor Sales is not legally
on the ballot. The City did not consider
in their timing when the absentee ballots go out. She was on the phone to State
Election Board all week and she said there is no legal way to get it on this
ballot, even though it
is printed on the ballots.
It will be disqualified for this ballot, and if there is a run off
election, we could put it on there. She explained that the vote counting
machines will be set so they don’t count the votes on this subject.
If the City
votes it in tonight, it can be included in the run-off election, should there
be one. It would have to be put on a
special election within 90 days and the council will have to pass a Resolution
to designate the date of the election.
The motion was
made and seconded to suspend the rules and place Ordinance No. 1852 on its
second reading by title only. The vote
was
Ms. Dickens
read the ordinance by title only.
The motion was
made and seconded to approve. The vote
was
The motion was
made and seconded to further suspend the rules and place Ordinance No. 1852 on
its third and final reading by title only.
The vote was
Ms. Dickens
read the ordinance by title only.
The motion was
made and seconded to
approve. The vote was
The motion was
made and seconded to read the emergency clause.
The vote was
Ms. Dickens
read the emergency clause.
The motion was
made and seconded to approve. The vote
was
Consideration of 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,
(Second reading):
The motion was
made and seconded to suspend the rules and place Ordinance No. 1845 on its
second reading by title only. The vote
was 5/0/0.
Ms. Dickens
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 suspend the rules and place Ordinance No. 1845 on its
third and final reading by title only.
The vote was 5/0/0.
Ms. Dickens
read the ordinance by title only.
The motion was
made and seconded to approve. All were
in favor, 5/0/0.
Consideration of Ordinance No. 1851, a
moratorium on vacating unopened streets and alleys, (Second reading):
The motion was
made seconded to suspend the rules and place Ordinance No. 1851 on its second
reading by title only. The vote was
Ms. Dickens
read the ordinance by title only.
The motion was
made and seconded to approve.
Alderman
Jeffrey he had understood that there were six requests, to the Parks and
Recreation Commission, to vacate green space.
Parks Director
Susan Lourne said nothing has been formally filed.
Alderman
Schrader said that Parks had asked for this moratorium so that they can do
their long range planning to set up their trails, and decide what greenspace
can’t be used for trails, and just do a long range
plan overall.
Alderman
Jeffrey said he was against moratoriums on principel. Alderman Sumpter said that this will force
the Parks and Recreation Commission to do the planning they have been talking
about for a long time and they will have just 18 months in which to do it.
Ms. Lourne
said that they will be working on a Master Plan for trails, and also they will
be working on infrastructure needs.
Public Works
Director, Kirby Murray, spoke in support of this ordinance.
The vote on
the second reading was
Mayor Satori
added his yes vote and the final vote was
The motion was
made and seconded to further suspend the rules and place Ordinance No. 1841 on
its third and final reading by title only.
The vote was
Ms. Dickens
read the ordinance by title only.
The motion was
made and seconded to approve. The vote
was
NEW BUSINESS:
Consideration of the bids for the
Wastewater Treatment Improvements:
Ms. Dickens
reminded the Council that the bids were in their packets. There were six bids.
Kraus
Construction Co, from
Building &
Utility Contractors, Inc. from Redfield, Ar. Bid 1,643,297.00.
Krug
Construct6ion from Harrison, Ar.
Bid 1,196,428.50.
Henley
Construction, Inc. from
Jimmy Jones
Excavating, Inc. from Berryville, Ar. Bid 959,467.00
LaRue
Contractor, Inc. from
Ms. Dickens
said that this is for the
Our
engineering firm has gone over the bid from LaRue Contractor, Inc., and they
say that it is in order, and the job can be done for $769,581.55. This is great for the City because it came in
lower that was projected.
The motion was
made and seconded to approve the bid of $769,581.55 from LaRue Contractor, Inc,
from
Ms. Dickens
reminded the Council that the bond ordinance will be read three times at the
Consideration of the CAPC lease agreement:
Ms. Dickens
explained that this was the lease for the new offices for the CAPC which are
located on
The motion was
made and seconded to read Resolution No. 477.
All were in favor, 5/0/0.
Ms. Dickens
read Resolution No, 477.
The motion was
made and seconded to approve.
Jon
Loudermilk, Chairman of the CAPC, said that the CAPC Director feels that this
is necessary to do the job that needs to be done. He will be hiring a Marketing Director. One of his main goals is to produce a full
blown marketing plan for next year and for the next five and ten years.
The vote on
Resolution No. 477 was 5/0/0.
Consideration of policy regarding audio
control during meetings:
Don Matt made
the Council aware that there needs to be a standard policy for when a person
exhibits inappropriate verbiage or behavior on camera.
Mayor Satori
said there are three areas of audio control:
House sound, broadcasted sound, and archives. The Mayor said the chairperson would have
control over the house sound, and the audio-visual technician would control
what was broadcast.
Alderman
Schrader had drafted a mock-up to be used as an idea of what could be used as a
resolution..
Sherry Wilson
said legally, you have three things going on:
Free speech/first amendment rights, open meeting laws, (the cable cast
being a courtesy to the community), and the responsibility of cable casting to
the viewing audience without bad behavior.
The only legal thing is to cut the cable cast feed and get the meeting
back to order as soon as possible.
Alderman
Jeffrey recommended that the mock-up of a resolution be given to the City
Attorney to be structured properly to be brought to the November 2nd
meeting and it was agreed.
COUNCIL
COMMENTS:
.Alderman
Schrader said he missed the zoning workshop.
He said he looked on the web and didn’t find the information he needed.
Alderman
Jeffrey asked if it was appropriate to have a election poster on a porch of
City property, and the
consensus was no.
Alderman
Stoppel said the hospital surveys were coming in and there seemed to be a good
response. They should have an idea of
the people’s wishes for hospital services for Eureka Springs soon.
The City
Council scolded the Mayor for allowing a banner saying “performance today” to
be hung on the side of the Auditorium, without any vote from the Council. There was a short discussion on the subject
in which a Council Member accused the City Attorney of being coerced into
agreeing. Ms. Wilson said that she told
the Mayor that his position was defensible.
She said a number of things have come up recently in which she is
expected to give an instant answer without proper time to do research. She is not going to do that anymore. She said that if she had had the proper
amount of time, she would have not supported the Mayor’s position.
MAYOR’S
COMMENTS:
Mayor Satori
read a Proclamation for the National Federation of Business and Professional
Women. It proclaimed that National
Business Women’s Week is the week of October 16th through
The Mayor also
welcomed Country Entertainer, Willie Nelson, to the City, and said there was a
Willie Nelson shrine set up in the band shell in
The
motion was made and seconded to adjourn.
All were in favor, 5/0/0. The
meeting was adjourned at
APPROVED:
______________________
Beau
Zar Satori, Mayor
ATTEST:
____________________________
Mary
Ann Lee, City Clerk-Treasurer