CITY OF EUREKA SPRINGS
COUNCIL
MEETING MINUTES
APRIL
6, 2000
The
April 6, 2000 meeting was called to order at 7:10 p.m. by Mayor Beau Satori.
It
was held in the jury room of the Western District Courthouse.
PRESENT: Mayor
Satori, and Alderpersons Jeffrey, Schrader, Stoppel, Freeland, Taylor, and
Sumpter.
ALSO
PRESENT: Ed Leswig, Steve Stitt, Cindy
Baker, Bruce Levine, Lisa Liggett, Jack Tuttle, Debbie Frisbie, Richard Harper, Kent Crow, Kate
Allen, Sherry Wilson, Bob McVey, John Burnette,Earl Hyatt, Don Matt, Kim Dickens, and Clerk Lee.
PLEDGE OF
ALLEGIANCE: Ms. Dickens led in the
Pledge of Allegiance.
APPROVAL OF
THE AGENDA: Item No. 1 from new
business, Discussion regarding appointment of a City Attorney, was moved to
Item #2 under Old Business. Item #7
under new business was the proclamation for National Crime Victim’s Rights,
April 9-15, 2000 and it was taken off of the agenda by the Mayor.
Item #4 Review
Animal Licencing procedures was postponed until April 20th, 2000.
The motion was
made and seconded to approve the agenda as amended. All were in favor, 6/0/0.
APPROVAL OF
THE MINUTES:
The motion was
made and seconded to approve the minutes of the March 2nd, 2000 City
Council Meeting. The amendments were
noted. All were in favor, 6/0/0.
The motion was
made and seconded to postpone the March 17th, 2000. All were in favor, 6/0/0.
COMMISSION,
COMMITTEE AND AUTHORITY REPORTS AND VACANCIES:
DEPARTMENT
HEAD COMMENTS:
Mayor Satori
had nominated Richard Harper for the Planning Commission, Position 1, which
expires July 1, 2002. The motion was
made and seconded to approve. The fact
that Mr. Harper was a resident of the Historic District was brought up. The general feeling was that the Council was
reluctant to turn down a person who was
so experienced in City Planning.
All were in favor, 6/0/0.
Mayor Satori
had nominated Debbie Frisbee for the Planning Commission, Position 7, which
expires January 1, 2003. The motion was
made and seconded to approve. The Council asked for someone who did not live in
the Historic District. The motion and second were withdrawn. Mayor Satori asked then if Ms. Frisbie would
consider being on the Historic District Commission, Position 6, which expires
March 7, 2002. Ms. Frisbie
accepted. The motion was made and
seconded to approve. All were in favor,
6/0/0.
For Position
3, on the Cemetery commission, the Mayor nominated Ken Fugate. This position expires February 15, 2001.
DEPARTMENT
HEAD COMMENTS:
Parks
Commissioner, Bruce Levine, came and gave a report for the Parks and Recreation
Commission. He announced that the
Commission had hired a Director, Susan Lourne.
Ms. Lourne had been working for the Times-Echo. She is an attorney
specializing in land and water use, and worked on the Columbia River Gorge project. Her skills are transferable to Parks and
Recreation and the commission is glad to have her.
The first
engineering report on the sports fields is due next week. It will be two to three weeks before there
will be enough information to form a budget.
Mr. Levine
asked people to not listen to the gossip that is going around. People are commenting on things that the
Parks Commission hasn’t finished finding out about yet.
Bob McVey, the
Fire Chief, reported that they have started fire inspections for the year
2000. He said they are finding a 50%
compliance from last year. When the deficiencies are found a Notice of
Corrections will be issued. The business
owner will have two weeks to come into compliance. If they haven’t complied, then another Notice
of Corrections will be issued and it will say Final Notice. If the corrections haven’t been made within a
week, then that notice will be forwarded to the City Attorney.
The Fire Chief
said that the idea is not to put anyone out of business, but to keep everyone
safe. The department will work with
anyone who has extensive work to be done and the time allowed isn’t enough, as
long as they follow through. The
Building Inspector follows the code for “how to build”. The Fire Chief follows the code for “how to
maintain”. The Chief said the problem they see all over town is extension cord
use. Such cords are made for temporary use.
Mayor Satori
said to all business owners that if they don’t remember what the corrections
were from last year, they can call the Fire Department and ask.
Chief McVey
said that there will be emergency notification numbers registered this year so
that if there is a problem in a business, a person can be notified to come down
and open the door, instead of the Fire Department breaking it in.
Transit
Director, Lisa Liggett, reported that the trolleys are up and running seven
days a week from 9 a.m. to 5 p.m. When
asked if the trolleys made money on the week ends in March, she replied that
March and April are slow months and they generally don’t make money.
She said the
financials are not ready yet. As soon as
the financial reports are finished she will put them in the council members
boxes.
The new
transit maps will be ready in about 10 days.
She talked
about the Department getting a charter license.
She and Kim are looking into whether the Transit Department can get
one. She said it is possible if there is
nobody in the private sector willing to do the service and able to do the
service. Also, if there is a capacity
issue. Obviously, a taxi cannot
accommodate twenty people in a wedding party.
If there is an accessibility issue, it is possible. The new trolleys have lifts for people who
are disabled. Ms. Liggett’s office has
had calls for charter for weddings. The
biggest trouble for special events is finding drivers. Her drivers work five days a week. Fees for charter are something that would have to be worked out
later.
Mayor Satori
said the City’s Main Charter is based on our ADA accessibility. Everything is being checked with the people
in Little Rock. Ms. Liggett said there
are two bookings that David White from Eureka Taxi has. They have already been promised, and Transit
will be going ahead with them. She
assured the Council that it is okay to do them, and that we are not incurring
liability of any kind by doing that.
Mayor Satori
said the clerk had sent letters asking for copies of the inspections and
insurance for all of the privately owned vehicles of tour companies carrying
people in the City.
Ms. Liggett
asked the council to waive the nepotism
clause in the City Handbook so she can hire a brother and sister to clean
vehicles. She said the sister had worked
for them before and was very good. The
brother would like to work with her and ride with her. They live in Missouri.
Alderman
Jeffrey made the motion to approve and Alderman Stoppel seconded it. All were in favor, 6/0/0
Alderman
Sumpter asked about the space on the trolley map. Mayor Satori said that since
the City only has one taxi service, David White paid $100 and they put his name
in the last space. Ms. Liggett said the maps will be back ten days from next
Monday.
Alderman
Freeland had asked at an earlier time to have a meeting with all entities who
own vehicles that carry people, along with the taxi owner and the transit. He felt that it would be beneficial. Ms. Dickens said as soon as they have more
information, she will either set it up as an agenda item or a workshop meeting.
UNFINISHED
BUSINESS:
Discussion regarding Ordinance No.
1835, adopting new code for the City of the Eureka Springs, (Second Reading):
The motion was
made and seconded to place Ordinance No. 1835 on its second reading by title
only. The roll call vote was 5/1/0, with
Alderman Schrader voting no.
Ms. Dickens
read the ordinance by title only.
The motion was
made and seconded to approve. The vote
was 5/1/0, with Alderman Schrader voting no.
The motion was
made and seconded to further suspend the rules and place Ordinance No. 1835 on
its third and final reading by title only.
Alderman
Schrader made the motion to amend codification by dropping the section
regarding the Planning Commission. The
was no second.
Alderman
Stoppel made the motion to postpone the final reading until the April 20th
meeting. Alderman Schrader seconded.
Alderman
Schrader said he had received a letter from an attorney offering to settle a
suit against the Planning Commission. He
said it specifically had to do with the verbage in the three and one half pages
that had been “dropped” from the codification.
He said he had an hour interview with the man who brought the suit.
Ms. Dickens
asked Steve Stitt, the City Attorney of Siloam Springs to speak on the
codification.
Mr. Stitt gave
his qualifications. He has had thirty
years of government law, and fifteen of those years were in municipal law. The
rest has been teaching law in the legislative drafting sector. He has taught legal writing and code
drafting. He said Siloam Springs is in
the process of codification. A codification takes care of internal inconsistencies
in the code. It is written in a
constructive direction by a codification council.
He thought
some of their code was pretty bad, but ours is appalling. The language that Mr. Schrader is concerned
about is full of errors. It is a good
example of why the City needs a new code. It has attempted to follow laws
enacted in 1978 which have been amended a lot of times. It is full of dangerous
errors about things as fundamental as the territorial jurisdiction of that
planning commission.
Mr. Stitt said
the codification company that we are using is one he considers the best in the
country. That company is made up of
attorneys, unlike almost any other codification company. They work with and are in constant contact
with the staff of the City they are working for.
Alderman
Schrader wanted a list of whatever changes have been made. He felt the City should not blindly adopt 500
pages of changes without knowing exactly what had been changed.
Mr. Stitt said
that if the City has enough money he was sure that the company could do a line
by line itemization of what had been changed.
He advised Councilman Schrader to call and find out the cost of such a
project. He said that the attorneys have
brought the code into compliance with state statutes. He said that if there are law suits against
the City because of the code as it is written now, it is unlikely to change if
the same verbage is kept in the new codification.
Mayor Satori
said the codifiers don’t change our laws, they are changing the laws illegally
written, or laws on our books that are in direct conflict with state law. Just because an individual likes the way
something is written does not mean it is right.
He sighted his case of removing commissioners. Our code book said he could. When he got to court, he found out that our
code book was in conflict with state statutes, and he couldn’t legally remove
commissioners.
The vote for
the postponement was 5/1/0, with Alderman Jeffrey voting no.
Mr. Stitt said
that in his opinion, the new code is head and shoulders above anything he read
in the old one. If there are any typos,
they can be made by any one, and are easily corrected.
The Clerk said
that she had not heard anyone speak of the necessity of using the State
Handbook along with the new code book.
It would not do much good to try to read the codification without it.
The Mayor,
Council, and Ms. Dickens voiced their thanks to Mr. Stitt for donating his time
to come and speak with them.
The motion was
made and seconded to take a recess. No vote was taken but there was a general
consensus to break. The meeting recessed
at 8:25 p.m. and reconvened at 8:45 p.m.
Discussion regarding the appointment of
a City Attorney:
There were
three candidates. Cindy M. Baker is
presently working with Vowell and Atchley in Berryville. Sherry M. Wilson is presently working in the
Carroll County Prosecutor’s office as his deputy. John M. Burnett has his own firm in Eureka
Springs on Passion Play Road.
The candidates
introduced themselves and told the Council about their qualifications and their
lives.
The motion was
made and seconded to go into executive session.
All were in favor, 6/0/0.
Executive session began at 9:05 p.m.
The meeting reconvened at 9:25 p.m.
The motion was
made and seconded to accept Sherry Wilson as the City’s interim City
Attorney. The approval was unanimous,
6/0/0.
Mayor Satori
thanked all of the candidates for their interest. The new City Attorney, Sherry Wilson, joined
the Council at the table.
Resolution No. 471, Utilizing
Federal-Aid Enhancement Monies, Mayor:
Mayor said
this is the statement of willingness to fulfill the Transportation Enhancement
Grant for
$175,000 to be used to bury utilities on Planer Hill. It will require the City to put in $35,000 to
match their 80%. The motion was made and
seconded to read Resolution No. 471. The
vote to read was 6/0/0.
Mayor Satori
read the resolution.
The motion was
made and seconded to approve.
Mayor Satori
said the original grant application was for a half a million dollars and
included burying utility lines from the top of Planer Hill all the way to
Spring Street and rebuilding the sidewalks from Spring Street to the Historical
Museum. He said hopefully the money will
pay to bury the utility lines from the top of Planer Hill to the museum.
The Mayor has
not received any more communication from the State about this. He said he intends to see that this is done
in this calendar year.
The grant
stipulates what will be done and where.
It was not necessary that it all be in the resolution.
The vote on
the reading was 6/0/0.
Discussion regarding special election
issues:
Alderman
Schrader again brought up the subject of voting for council members by ward.
Alderman
Jeffrey spoke against it, and felt that it would be very divisive, in a town
which already has problems in that area.
Alderman Schrader said people feel unconnected to someone who is elected
out of their ward. Alderman Sumpter said
that citizens perceive that Council members
only serve the ward which they were elected from now. He feels that isn’t true but it is the
perception people have.
Alderman
Jeffrey made the motion to postpone the subject until April 20th,
2000, with Alderman Sumpter seconding.
The vote was 2/4/0. Alderpersons
Sumpter and Jeffrey voted yes, and Alderpersons Freeland, Taylor, Stoppel, and
Schrader voted no. The motion failed.
The motion was
made to direct the City Attorney to draw up an ordinance for the ballot to
allow people to run for council in their wards only. The vote was 3/3/0. Alderpersons Schrader, Taylor, and Freeland
voted yes. Alderpersons Stoppel,
Sumpter, and Jeffrey voted no. The Mayor
broke the tie by voting yes. The final
vote was 4/3/0.
The motion was
made and seconded to have the City Attorney draw up an ordinance to put the
Lake Leatherwood Dam Bond Issue on the ballot.
All were in favor, 6/0/0.
The motion was
made and seconded to have the City Attorney draw up an ordinance to place
Sunday package liquor sales on the ballot.
During the discussion, the council asked Ms. Wilson to research whether
off Sunday packaged liquor sales are allowed in Arkansas. The idea is that people wouldn’t have to
drive to Missouri to buy their liquor or beer.
They could buy it here. If Sunday
packaged liquor sales can be sold legally in the state, then the City Attorney
go ahead and prepare the ordinance for the vote of the Council.
The vote was
5/1/0, with Alderman Stoppel voting no.
The motion was
made and seconded to place the referendum on the ballot. They were withdrawn because the petition
automatically places the bond issue for the police station on the ballot.
Mayor Satori
said that engineers were disappointed that when the work on the wastewater
treatment plant was cut back, the City didn’t vote to increase the capacity of
the treatment plant. The problem is that
everyone wants to have sewer, and the treatment plant is at capacity now. It cannot handle anymore hook ups. This not for future City growth. This is for people who are here now.
Alderman
Jeffrey said a different reactor would have to be used. It is called a SBR reactor or a single basin
reactor. It would allow that location to
expand at a later date.
What we are
doing now cuts it off and it will not be able to be expanded. The sensible thing to do would be to do the
SBR filter now, while every thing is being done. The cost was not talked about because they
were not expecting to discuss this project and nobody had the figures.
The motion was
made and seconded to direct the City Attorney to write an ordinance to include
the SBR reactor to be placed on the ballot to be added to the wastewater
treatment plant up-date. The vote was
6/0/0.
Alderman
Schrader made the motion that the instruct our City Attorney to draw up an
ordinance to approve or disapprove in response to multiple choice
alternatives: to build sports fields at
various locations, including Lake Leatherwood Park and more level sites in the
vicinity of Eureka Springs; (In the middle of this motion, Alderman Schrader
took off on a long explanation). Somewhere in there Alderman Freeland seconded
the partial motion. Alderman Schrader went on to say that the people have been
saying that the costs are higher and a lot of things weren’t planned for and
maybe it would be better to just find some level places and build playing
fields. Alderman Freeland withdrew his
second. He said the subject was too big
to deal with at this meeting. The motion
was never finished.
Mayor Satori
said he would like to see the City annex the Leatherwood Creek valley. That includes Black Bass Lake and about 40
acres that the City owns adjoining the City. He showed the property on the
map.
Alderman
Freeland said the City needs to research some of this as to how much it is
going to cost the City. He said we
annexed Leatherwood, and now we have a dam that is very costly and nobody wants
to help us with it. He advised caution.
Alderman
Jeffrey said he would rather see the City annex subdivisions that are adjacent
to the City that are receiving City water, than to annex wilderness.
NEW BUSINESS:
Discussion regarding Ordinance No.
1836, Basin Spring parking, (second reading):
The motion was
made and seconded to suspend the rules and place Ordinance No. 1836 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.
Resolution No. 472, Support of the
Auditorium from the City Council:
The motion was
made and seconded to read Resolution No. 472.
The vote was 6/0/0.
Mayor Satori
read the resolution.
The motion was
made and seconded to approve.
There was
discussion about the intent of the resolution.
In section II, it was amended to read: The City Council of the city of
Eureka Springs, pledges to continue to support the City Auditorium with payment
of property insurance and financial assistance with maintenance and operations.
In Section III
the word Mayor’s is inserted before designee.
The motion was
made and seconded to approve the resolution as amended. The vote was 5/1/0, with Alderman Stoppel
voting no.
Resolution No. 473, Utilizing
Dederal-Aid Monies, (Parks Commission):
This is for
the grant the Parks Commission received to build the Basin Park high trail.
The motion was
made and seconded to read Resolution No. 473.
All were in favor, 6/0/0.
Ms. Dickens
read the resolution.
The motion was
made and seconded to approve. All were
in favor, 6/0/0.
Setting date for the Town Hall Meeting,
(Mayor):
A date was set
for a town hall meeting to be held on May 9th at 7 p.m. The motion was made and seconded to do so,
and the vote was 6/0/0.
CITY
ADMINISTRATIVE ASSISTANT’S REPORT:
Ms. Dickens
reported that the court case for motel signs will be held on May 3rd
in the Berryville Court.
COUNCIL
COMMENTS:
Alderman
Schrader said that David White of Eureka Taxi has some genuine concerns and
wants to know that the Council is going to have a meeting with the Tour
operators and the Transit Department and the Council. He was assured that the City will be doing
that.
Alderman
Freeland said he was concerned by the issues raised by Jack Dozier. Ms. Dickens said he had requested a list of
questions be answered. She said that Mr.
Dozier is out of town, Kirby Murray is out of town, and that the questions
would be answered at a later time and that everything would be copied and put
in the Council’s box.
MAYOR’S
COMMENTS:
Mayor Satori
said take seriously beautification month.
If you see something on the ground that shouldn’t be there, pick it
up! Use peer pressure to pick up and
clean up the City. A lot of business
owners are refurbishing their store fronts.
Ms. Dickens
said that there were people here from all over the state for a meeting. They raved about our Historic District
Commission and the way everything was handled.
None of them has a historic district like ours. They were so impressed with the beauty of
this area, and how it is being taken care of.
The motion was
made and seconded to adjourn. All were
in favor. The meeting was adjourned at
11:15 p.m.
This
the signature sheet for the April 6th, 2000 Council Meeting minutes.
APPROVED:
______________________
Beau
Zar Satori, Mayor
ATTEST:
____________________________
Mary
Ann Lee, City Clerk-Treasurer