CITY OF EUREKA SPRINGS
COUNCIL MEETING MINUTES
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Mayor Beau Z. Satori
called the
PRESENT:
Mayor Satori, and
Aldermen DeVito, Simon, Dozier, Stoppel,
ALSO PRESENT: Bill
King, Mary Jean Sell, John Mitchell, Butch
PLEDGE OF ALLEGIANCE:
Mayor Satori led in
the Pledge of Allegiance to the Flag.
APPROVAL OF THE
AGENDA:
Ms. Dickens said
Ordinance No. 1874 Adjusted Budget should be put on the agenda as #6 under New
Business.
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
July 2nd, 2001. With no amendments, the minutes were approved 6/0/0.
COMMISSION,
COMMITTEE: AND AUTHORITY REPORTS AND VACANCIES:
Mayor Satori told the
Council he would like them to consider Linda Hager for Position 4 on the
CAPC. He said he had carried a petition
of support for her from the restaurant owners in the City. Over 50 signatures were gathered from people
who said they would be glad to have Ms. Hager represent them as the restaurant
tax collector on the CAPC.
The motion was made and seconded to suspend the rules and approve Linda Hager for Position No. 4 on the CAPC.
Discussion ensued,
about whether to approve Ms. Hager now, or wait for more input from the
citizens. Alderman Sumpter said it was
not about whether or not to approve Ms. Hager, but to follow the policy the
Council always follows, and give the citizens time to respond. After more
discussion Alderman Sumpter called the question. There was no vote on calling the question.
The motion was made and seconded to postpone the vote until
the August 6th meeting. The vote was
DEPARTMENT HEAD
COMMENTS:
There were none.
CITY ADMINISTRATIVE
ASSISTANT’S REPORT:
Ms. Dickens said the
rafters are going up. She and the Police
Chief had a conversation about the due date, with the architect and the
contractor, and asked that things be speeded up.
The City is still
waiting for approval from the State for the Planer Hill Sidewalk, and once it
is approved, it will go out for bids.
Ms. Dickens’ office
is working to finish the financial package for the improvements on Lake
Leatherwood Dam, with the attorney in
The bids are out on
the Wastewater Treatment Plant, and bids will be opened in the Mayor’s Office
on
UNFINISHED BUSINESS:
Discussion regarding the moped franchise:
Mr. Petersen came, basically, to protest the City’s helmet law. He said that two thirds of the people are delighted to be offered helmets to wear, and he would prefer them to be worn. But there are motorcycle riders who are experienced who refuse to wear them. He questioned whether the City’s ordinance was necessary, and whether it was legal.
Sherry Wilson, City Attorney, told him that the City can require people to wear helmets, and her reply was based on an Attorney General opinion in 1995. The City can be more stringent in their ordinances than the State, but not less so. The opinion was based on rental two-wheeled vehicles with a motor displacement less than 50cc.
Alderman DeVito said that the number of motorcycle accidents has gone up markedly.
Alderman Sumpter said that is because the number of motorcycle riders has risen quite rapidly recently.
Ms. Wilson asked the Council if they thought the code needed clarifying.
Chief Hyatt said the moped franchise ordinance was enacted because of head injuries sustained in past experiences while the people were riding mopeds.
He said that people 21 or older are not required by the State to wear helmets.
20 year olds and younger have no choice, they must wear them.
He said that helmets are more for protection in lower speed accidents, because they could very well save a life. He said all Mr. Petersen has to do to be in compliance is to warn people about the helmet law.
Alderman DeVito said that we don’t really need to do anything. Alderman Stoppel seconded. Alderman DeVito said it was not a motion and he rescinded it. Alderman Stoppel rescinded his second. The consensus was that the ordinance should be left as it is, and nothing should be done.
Ms. Wilson said that it is the rider’s responsibility to follow the laws, and if Mr. Petersen warns them, he has done his duty.
Discussion regarding Ordinance No. 1876, City Clerk Salary, (Second reading):
The motion was made and seconded to suspend the rules and place Ordinance No. 1876 on its second reading by title only. The vote was 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 remark was made that since this ordinance was
retroactive to
The motion was made and seconded to further suspend the
rules and place Ordinance No. 1876 on its third and final 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. The
vote was
NEW BUSINESS:
Discussion regarding parking loop proposal:
Since there was
nobody present to represent the idea, the subject will be put on the agenda for
the
Discussion regarding Ordinance No. 1878, amending the zoning ordinance (12 months):
The motion was made and seconded to place Ordinance No.
1878, on its first reading in its entirety.
The vote was 6/0/0.
Ms. Dickens read the
ordinance in its entirety.
Discussion regarding Ordinance No. 1879, amending the
zoning ordinance, (200 Ft.):
The motion was made and seconded to place Ordinance No. 1879
on its first reading in its entirety. The vote was
Ms. Dickens read the
ordinance in its entirety.
The motion was made and seconded to approve. The
vote was
Discussion regarding Ordinance No. 1880, amending the zoning ordinance,(Tourist Lodging):
The motion was made and seconded to place Ordinance No. 1880
on its first reading in its entirety. The vote was
Ms. Dickens read the
ordinance in its entirety.
The motion was made and seconded to approve. The
vote was
Alderman Dozier said
the Planning Commission didn’t pay much attention to their own plan because at
their very next meeting they approved another CUP.
Alderman Harrison
said they replaced an existing CUP. They
did not increase the number of them.
Alderman Dozier said
that Tourist Lodging is a problem because there is nobody there if there is a
problem.
Alderman
DeVito said the changing of the guard on all of these commissions might find
people more amenable to tourist lodging.
Motels have on sight managers, and B &B’s have live in owners. The
City should deal with the problem of tourist lodging now.
Discussion regarding Ordinance No. 1881, amending the tree ordinance, (First reading):
The motion was made and seconded to place Ordinance No. 1881
on its first reading in its entirety. The vote was 6/0/0.
Ms. Dickens read the
ordinance in its entirety.
The motion was made and seconded to approve. All
were in favor, 6/0/0.
Discussion regarding Ordinance No. 1874, Mid-year budget amendments:
The motion was made and seconded to place Ordinance No. 1874 on its first reading in its entirety.
The council did not have copies of the ordinance, but Ms. Dickens said she could do the first reading if they were agreeable. All were in favor 6/0/0.
Ms. Dickens read the
ordinance in its entirety.
The motion was made and seconded to approve. The vote was
The motion was made to place Ordinance No. 1874 on its
second reading by title only. The motion died for lack of a second.
Alderman Dozier said he thought there was too much waste on
the budget and would vote no, unless it was adjusted.
Alderman Harrison
said she would like to see another workshop held so that they could go over and
make sure everything was as she remembered it to be.
Alderman Simon said
that he would like to see the money spent on a City Planner, rather than on
Lane House, Girls and Boys Club, or the Library.
COUNCIL COMMENTS:
Alderman Harrison thanked
David Renko for all he has done to make the Fat Tire event so great. She said it was very professional, and really
a fun day. The professional bike riders
consider Eureka Springs one of the most challenging rides. We were written up in the Arkansas Democrat
Gazette with some good pictures. The
riders are required to wear helmets.
MAYOR’S COMMENTS:
The Governor wrote
notifying the City that we have received a second grant for $23,000 from the
Arkansas Department of Heritage. The
money will be used to complete the survey of all of the buildings in Eureka
Springs, and to update our information about the City. The last complete survey was done in 1970.
The motion was made and seconded to adjourn. All were in
favor, 6/0/0. The meeting was adjourned
at
This is the signature
sheet for the minutes of
APPROVED:
____________________________
Mayor Beau Z. Satori
ATTEST:
_______________________________
Mary Ann Lee, City
Clerk-Treasurer