CITY OF EUREKA SPRINGS

JULY 2, 2001

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Mayor Beau Z. Satori called the July 2nd, 2001, meeting to order at 7:10 p.m. in the Courtroom of the Carroll County Courthouse.

PRESENT:

Mayor Satori, and Aldermen DeVito, Dozier, Stoppel, Harrison, Simon and Sumpter.

ALSO PRESENT: Lisa Liggett, Bill King, Butch Berry, Don Matt, Sherry Wilson, Kim Dickens, and Clerk Lee.

PLEDGE OF ALLEGIANCE:

Mayor Satori led in the Pledge of Allegiance to the Flag.

APPROVAL OF THE AGENDA:

Ms. Dickens added Position No. 1 on the CAPC which expires 6/30/01.

The motion was made and seconded to approve. The vote was 6/0/0.

APPROVAL OF THE MINUTES:

The motion was made and seconded to approve the minutes of June 18^th, 2001. On page 3 the top paragraph wasn’t quite clear. The amendment was noted and the vote to approve was 6/0/0.

COMMISSION, COMMITTEE: AND AUTHORITY REPORTS AND VACANCIES:

Parks Commission—Position 6--- Expires 11/22/04 ---Mayor Satori had nominated Laurie Farrow at the last Council Meeting. The motion was made and seconded to approve. All were in favor, 6/0/0.

DEPARTMENT HEAD COMMENTS:

Lisa Liggett, Director of Transit, presented the Council with a ridership summary for the months of April, May, and June, 2001. The totals on ridership between last year and this year by year to date sort of evened out, and they are about what they were last year. The revenue was up in April and May revenue was down. The year to date revenue is down 4 %. In April the motels bought their tickets for the trolleys. So in April the revenues reflect that the motel tickets sales were up. There wouldn’t have been as many sold in May.

Ms. Liggett said that she is having trouble hiring trolley drivers. She has had to combine two routes for the moment, and feels that has an impact on ticket sales.

She explained again about the services the Transit Department provides for people who have no other means of transportation, so that they can go to the market and the clinic. This service is Monday and Thursday for the residents.

Ozark Transit takes people out to other parts of the County.

She said that gas prices have affected the department somewhat, and she allowed a bit more in the budget for that.

CITY ADMINISTRATIVE ASSISTANT’S REPORT:

Ms. Dickens reported that the Mayor would be signing a certification letter to authorize the City to advertise for bids for the Planer Hill sidewalk. She will bring a drawing of the sidewalk to the next meeting.

UNFINISHED BUSINESS:

Discussion regarding Parks accounting responsibilities:

Ms. Dickens said that she had the opinion of two other attorneys from Municipal

League, and they told her that the Hospital Commission, the Parks Commission and the CAPC are all legally responsible for their funds and do not come under the auspices of the City Finance Department. They decide where the funds go and write their own checks.

The only recourse the City has if there is a problem is to abolish the commission or remove the commissioners.

Ms. Dickens was concerned that none of the people handling the money are bonded and they are required to be by law. She said that Susan Lourne was looking into getting that done immediately.

The City has the option of funding or not funding the Parks Commission, and that is another safeguard.

NEW BUSINESS:

Set public hearing for transit regarding rates, fares, and hours of operation:

The motion was made and seconded to set the Public Hearing for Transit for August 6^th, 2001, at 6:30 p.m., before the Council Meeting. All were in favor, 6/0/0.

Discussion regarding Ordinance no. 1876, City Clerk Salary:

The motion was made and seconded to place Ordinance No. 1876 on its first reading in its entirety. 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 5/1/0, with Alderman Stoppel voting no. He wanted to wait until after the budget meeting.

Discussion regarding Planning Commission’s recommendations on changes to the Zoning Ordinance:

The changes are listed as proposed revisions one, two and three.

Revision One was that after an application for re-zoning of a property, or application for a conditional use permit for a property has been denied, or a tree cut has been denied, the applicant would have to wait for 24 months to re-apply, (except under certain conditions).

Revision two was that a conditional use permit, in the R-1 Victorian zoning district , would not be granted to an applicant if they were going to put in a business like an existing business within two hundred feet in any direction on the primary frontage streets. The reason for this idea is to protect the residential character of our neighborhoods.

Revision three was to prohibit any additional “Tourist Lodging”, a conditional use, from being allowed in the R-1 Victorian Residential zone of the city.

Discussion on Revision one varied on how many months applicants should wait.

Some thought to compromise at 18 months, some thought 12 months.

Some points were brought out. One was that nobody has an inherent right to a conditional use permit.

Alderman Harrison felt that after a two year period, an applicant might have a better chance for approval.

Alderman Dozier said that Tourist Lodging does not receive the kind of time and care that a B & B does because there is nobody living on premisis.

Alderman Harrison said people come back over and over to be approved and the neighbors and commissioners often feel like they are under siege. That is why they decided on a waiting period.

The straw poll:

Alderpersons Harrison and DeVito voted for 18 months.

Alderpersons Sumpter, Stoppel, Simon and Dozier voted for 12 months.

Revision No. Two was discussed. Every one voiced concern about losing our neighborhoods.

Alderman DeVito said that every time a business is located out of the business zone in town, it diminishes the value of commercial interests in the C-1 district.

The straw poll:

All of the aldermen voted yes to the 200 foot rule, except Alderman Dozier, who voted no.

The straw poll on Revision No. Three :

All of the aldermen voted yes except Alderman Stoppel, who voted no.

COUNCIL COMMENTS:

Ms. Dickens and Ms. Wilson were asked how work was coming on the transportation code. Ms. Wilson said she really hasn’t had much time to work on it but that it is in the works.

MAYOR’S COMMENTS:

The Mayor wished everyone a Happy Fourth of July. He said that that there will be activities all day and into the evening at Lake Leatherwood and it will be a nice opportunity to celebrate with your neighbors. He also said that the Chief of Police will be in the dunk tank at 5 p.m., and he will be there at 6 p.m.

The day starts at 7 :30 a.m. with a fishing derby for the kids.

The motion was made and seconded to adjourn. All were in favor, 6/0/0. The meeting was adjourned at 8:25 p.m.

This is the signature sheet for the minutes of July 2nd, 2001.

APPROVED:

____________________________

Mayor Beau Z. Satori

ATTEST:

_______________________________

Mary Ann Lee, City Clerk-Treasurer