CITY OF EUREKA SPRINGS
COUNCIL
MEETING MINUTES
Mayor
Beau Satori called the
It
was held in the courtroom of the Western District Courthouse.
PRESENT: Mayor
Satori, and Alderpersons Taylor, Schrader, Stoppel, Freeland, Sumpter, and
Jeffrey.
ALSO PRESENT:
Ed Leswig, Diane Murphy, , Kirby Murray, Kate Allen, Don Alberson, Neil Plumb,
Shep Russel, Dennis Hunt, Ryan Bowman, Lisa Liggett, John Mitchell, Gwen
Bennett, Don Matt, Kim Dickens, Sherry Wilson and Clerk Lee and several others
who did not sign in.
PLEDGE OF
ALLEGIANCE: Mayor Satori led in the Pledge of Allegiance.
APPROVAL OF
THE AGENDA:
Ms. Dickens
asked that the reading of Ordinance No. 1854 be placed right after Department
Head Comments.
She asked that
Resolution No. 478 be item 3 under Unfinished Business, and that the
consideration of selling beer and wine in the Auditorium on Friday, December 1,
2000 be number 6 under New Business.
The executive
session will be last under New Business.
The motion was made and seconded to approve the agenda as
amended. The voice vote was 6/0/0.
APPROVAL OF
THE MINUTES:
The motion was made and seconded to approve the minutes of
September 21st, 2000.
The changes
were noted. The voice vote to approve as
amended was 6/0/0.
The motion was made and seconded to approve the minutes of
October 5, 2000.
Alderman
Schrader asked that the explanation of the ordinances be added back in.
Alderman
Freeland like the idea of using italics for motions and seconds. Other changes
were noted. The voice vote to approve as
amended was 6/0/0.
The motion was made and seconded to approve the minutes of
October 19, 2000.
The changes
were noted. The voice vote to approve as
amended was 6/0/0.
COMMISSION,
COMMITTEE AND AUTHORITY REPORTS AND VACANCIES:
There were no
recommendations.
DEPARTMENT
HEAD COMMENTS:
Kirby Murray,
Director of Public Works, announced that
Grand Avenue
is the alternate route everyone will use while work is being done on
Lisa Liggett,
Director of Transit, passed out copies of the Transit Budget to the
Council. The Public Hearing is set for
Diane Murphy,
Director of Finance, passed out the budget folders for the 2001 budget.
The Budget
Workshop was set for Wednesday, November 15th, at
CITY
ADMINISTRATIVE ASSISTANT’S REPORT:
Ms. Dickens
asked that those who were not going to be on Council next year to please turn
in their Municipal Code Books. She
encouraged the new Council people to attend
the budget
workshop, and packets will be handed out to them when they come.
Consideration of Ordinance No.
1854, Revenue Bonds for the wastewater improvements, (All three readings):
Alderman Stoppel made the motion and Alderman Stoppel
seconded to place Ordinance No. 1854 on its first reading in its entirety. The voice vote was 6/0/0.
Attorney Shep
Russell, and his assistant, Ryan Bowman, read the ordinance in its entirety.
Alderman Jeffrey made the motion to approve, and Alderman
Stoppel seconded.\
Mr. Russell
answered any questions that came up.
Alderman Jeffrey made the motion and Alderman Taylor
seconded to suspend the rules and place Ordinance No. 1854 on its second
reading by title only. The roll call vote
was
6/0/0.
Mr. Russell
read the ordinance by title only.
Alderman Jeffrey made the motion and Alderman Taylor seconded
to approve. The voice vote was 6/0/0.
Alderman Stoppel made the motion and Alderman Taylor
seconded to further suspend the rules and place Ordinance No. 1854 on its third
and final reading by title only.
The roll call vote was 6/0/0.
Mr. Russell
read the ordinance by title only.
Alderman Stoppel made the motion and Alderman Taylor
seconded to approve the final reading. All were in
favor by roll call, 6/0/0.
Alderman Stoppel made the motion and Alderman Taylor
seconded to approve the emergency clause.
All were in favor, by voice vote, 6/0/0.
UNFINISHED
BUSINESS:
Consideration of Ordinance No. 1816,
Zoning Ordinance, (Third reading):
Ms. Dickens
read the amendments to the ordinance, that were the result of all of the
suggestions from the citizens of Eureka Springs,
The motion was made and seconded to suspend the rules and
place the amended Ordinance No. 1816 on its third and final reading by title
only. The roll call vote was 6/0/0.
Ms. Dickens
read the ordinance by title only.
The motion was made and seconded to approve.
Alderman
Schrader had a list of questions about the ordinance. They were thoroughly discussed by the Council
and the City Attorney.
Alderman Schrader made the motion to strike the words per
structure from the end of the definition of Bed & Breakfast. The vote was
The Mayor
called for comments from the audience.
Ron Latimer
called the Council’s attention to page 34, 114-10-2 Condition Use Permits.
He said that
there are places that have added to their establishments, but their
grand-fathering only covers that which was under their conditional use permit.
Ms. Dickens
said it will take
time but the people who have businesses now, that have added units that are not
under their conditional use permits are going to have to come in and take care
of the problem. Mr. Latimer said this
ordinance, if enforced, will make sure at some point that everyone will be
treated equally.
Jack Tuttle
said he has lived in Eureka Springs for 35 years. He said “Look what you have done to our
neighborhoods”. He said the commission,
and the council should visit the neighborhoods and see what they have done to
the lovely Victorian neighborhoods with conditional use.
John Mitchell
has lived in Eureka Springs for 30 years.
He urged the City to protect its neighborhoods. The people who have off street parking for
their businesses should be instructed to use it. He thinks the City has enough B &Bs, and there shouldn’t be any more. He would like the ordinance to say, “No new
conditional use permits, and no new B & Bs”.
Ludean Cross
said she had a problem with people never using their off street parking.
She said it is
a constant problem and she sees it every morning when she walks her dog.
She said it
shows a disrespect for the neighbors around these B
& B’s. She said if they were made to
use their empty parking lots, everyone would get along a lot better.
Kim Dickens
said, “The people have been contacted, they have been cited, and she has talked
to their attorney”.
Don Alberson
said he has a Bed & Breakfast that is grandfathered. Can a business lose
Its
grandfathered status if they have added units without permission? Ms. Dickens said it could happen. She said it would help if people would come
in on their own and take care of the problem if it
applies.
Ludean Cross
asked if commissioners ever visit the sites that come before them for a
decision of one kind or another. Ms.
Dickens said that generally they do go and look over the property and talk to
people. She said they all know that it
is part of the position.
Gwen Bennett
said that she wants to draw attention to the Conditional Use Public Hearing
Notice, which is fifteen days. She said
you can go away for a two week trip, and come back and find that a Conditional
Use has been granted in your neighborhood.
She said she would like to see it be thirty days. That is on page thirty five under 114-10-2.2,
Item a.
The Council
agreed.
Alderman Freeland made the motion to postpone for another
workshop, until the next meeting. There
was no second.
The vote on
the motion to approve Ordinance No. 1816, as amended, on its third reading was
6/0/0.
Mayor Satori made the statement that it only
takes another ordinance to amend any part or portion of this ordinance if
problems should occur.
The motion was
made and seconded to take a short recess.
All were in favor, 6/0/0.
The meeting
recessed at
Consideration of policy regarding audio
control during meetings:
The Council
had asked Attorney Sherry Wilson to research the situation. Ms. Wilson said that the Supreme Court gives
the speakers a lot of protection in their language. The City is unlikely to incur liability for
its live br
Her suggestion
was to give Don Matt the authority to delete any words or phrases that are
obscene upon approval of the City Attorney or the City Administrative
Assistant.
Ed Leswig,
Chairman of the Planning Commission suggested that there should be a workshop
for all commissioners with Ms. Wilson, City Attorney. It would be a benefit for everyone.
Resolution No. 478, designating a
special election for Ordinance No. 1852, Sunday Liquor Sales:
The motion was made and seconded to read Resolution No. 478. The vote was
Ms. Dickens
read the resolution.
The motion was made and seconded to approve the resolution. The vote was
NEW BUSINESS:
Consideration of Ordinance No. 1853,
amending Chapter 106, Traffice and Vehicles, (First reading):
The motion was made and seconded to place Ordinance No.1853
on its first reading in its entirety.
The voice vote was 6/0/0.
Ms. Dickens
read the ordinance in its entirety.
The motion was made and seconded to approve. The voice vote was 6/0/0.
Transit Fares, Routes, and Hours of
Operation, Set Public Hearing on
The motion was made and seconded to set the Public Hearing
for
Discussion of Amendments 1, 2, and 3 on
the election ballot:
Ms. Dickens
had included explanations of the three amendments in the packets to the
Council, Clerk , and Mayor.
Alderman
Jeffrey explained what the Municipal League recommended the vote should be and
why.
Amendment 1, would be a benefit to the City if they had to buy a large
and costly piece of equipment. The City
would have five years to pay it off.
This would allow the City to run the its
business like a business.
Amendment 2,
would lower property taxes, at the the expense of increasing state sales
tax. This would inhibit the City’s use
of their own sales
tax revenue to the extent that it is utilized now. The turn back to the county would only be
according to the amount of property tax that was lost. The state could and would use some of our
sales tax revenue to make up the difference for a larger county.
Amendment 3, is a mixed bag. It
eliminates the municipal court.
Attorney Bill
Douglas recommended that people vote yes.
It eliminates the term “municipal court”, and it combines the courts of
law and equity in this state. Here, that
makes a real difference. Cases can be
filed in the wrong court, and other mistakes can be made, which always causes
delays. This system dates back to the 13th
Century and even
Consideration of
The motion was made and seconded to approve the sale of beer
and wine in the Auditorium on December 1, 2000. All were in favor, 6/0/0.
The Mayor called an executive session
on a personnel matter:
Alderman Taylor made the motion and Alderman Stoppel
seconded to call an executive session on a personnel matter. All were in favor, 6/0/0.
The executive
session began at
Alderman Jeffrey made the motion to ratify the Mayor’s
decision to terminate the Building Inspector.
Alderman Taylor seconded. The vote was
6/0/0.
Neil Plumb, a
plumber, spoke in defense of the job the Building Inspector had been doing.
COUNCIL
COMMENTS: None.
MAYOR’S
COMMENTS: None.
APPROVED:
______________________
Beau
Zar Satori, Mayor
ATTEST:
____________________________
Mary
Ann Lee, City Clerk-Treasurer