CITY OF EUREKA SPRINGS
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Mayor Beau Z. Satori
called the
PRESENT:
Mayor Satori, and
Aldermen DeVito, Dozier, Harrison, Simon and Stoppel.
Alderman Sumpter was
absent.
ALSO PRESENT:
Gayle Money, Mary
Kay, Rick Peterson, Thomas Tharp, Gene Ray, Bill King, Phyllis Shimaka, Mary
Jean Sell, Kim Dickens, Bill Ames, Sherry Wilson, and Clerk, Mary Ann Lee.
PLEDGE OF ALLEGIANCE:
Mayor Satori led in
the Pledge of Allegiance to the Flag.
APPROVAL OF THE
AGENDA:
Ms. Dickens said that
under New Business, No. 1 was to be postponed until the November 19th,
2001 Council Meeting. Alderman Stoppel
asked that discussion of a replacement Police Officer be discussed under New
Business, No. 4
The motion was made and seconded to approve the agenda as
amended. All were in favor, 5/0/0.
APPROVAL OF THE
MINUTES:
The motion was made and seconded to approve the minutes of
October 15, 2001. The amendments were noted. All were in favor, 5/0/0.
COMMISSION,
COMMITTEE: AND AUTHORITY REPORTS AND VACANCIES:
Mayor Satori
nominated Ken Kettlesen from Sonny’s Pizza for Position 4 on the CAPC.
DEPARTMENT HEAD
COMMENTS:
None.
CITY ADMINISTRATIVE
ASSISTANT’S COMMENTS:
Ms. Dickens reported
that the bids for the Lake Leatherwood Dam project were opened recently. Some were over a million dollars. One bid was for $581,331.00. Since there is such a difference in the bids,
they want to do some checking to see if the company can really do the job for
the low bid. If so they will go ahead
with the loan.
UNFINISHED BUSINESS:
Discussion regarding moped franchise, ( Stoppel/Sumpter):
Alderman
Stoppel made the motion to revoke the moped franchise. Alderman Harrison seconded.
A long discussion followed. Basically, Alderman Stoppel had three points
of the moped franchise that he felt were not being followed.
He said that Mr. Peterson had not reported all of the
accidents that had happened.
He said that Mr. Peterson was renting mopeds to kids
younger than 18 years old, and that one person, in fact, had only an ID card
and was 15 years old.
He said that Mr. Peterson was not making customers wear
DOT approved helmets.
He said the reason he voted for the franchise was because
Mr. Peterson was very clear about what he would do and would not do, and he has
not followed through.
A lady from Dallas, named Mary Kay, spoke in favor of the
mopeds, and said she followed the rules and was so glad that we had mopeds back
again.
Mr. Peterson answered all of the charges, and explained
circumstances. However,he promised to
follow all of the laws, including making people wear the DOT approved helmets.
He argued against them, but the bottom line was that unless he followed the
laws of the franchise, the Council would revoke his franchise. Once he had made the commitment to follow all
of the requirements, the Council voted against revoking his franchise, 0/5/0.
NEW BUSINESS:
Discussion regarding Ordinance No. 1883, authorizing
the issuance of a tax bond for the purpose of financing a portion of the cost
of capital improvements to Lake Leatherwood Dam, (All readings):
Ms. Dickens said this is
postponed until the November 19th, 2001.
Discussion regarding clarification of routes and
procedures for carriage ride:
Thomas Tharp presented
packets to the Council at the meeting.
He asked that his location
be changed from 156 North Main St. to the Pied Piper. This would be temporary, from November 7,
2001, until
Both Smith and Fatima Truer had given permission for this. There will be highway work done on North Main St. this winter and he will not be able to get in and out of his present location.
The motion was made and seconded to approve his request
for change of location. All were in favor, 5/0/0.
He also asked that he be
allowed to follow his route on Spring Street earlier—instead of 6 p.m., he
asked to start at 4 p.m. No action was
taken on that request, so his time frame remained the same, after 6 p.m.
Alderman Stoppel said he
thought that some of the points on Mr. Tharp’s business clarification sheet
should be looked at by the City Attorney.
Mr. Tharp had two main
concerns. Where he could pick up people,
and was he soliciting when he drove down the street with his buggy empty?
It was decided that Mr.
Tharp is not considered to be soliciting when he drives his buggy to get his
lunch, or to go to Office Supply, or anywhere else on his route to run his
errands.
The motion was made and
seconded to approve Mr. Tharp stopping at any of the B & B’s or tourist
lodgings that have a place that he call pull off for the next two weeks, until
the next Council Meeting.
The motion was made and
seconded to amend the motion to include the other carriage ride, owned by Miss
Ada Jensen.
The vote on the amendment
was 5/0/0.
The vote on the original
motion was 5/0/0.
Discussion regarding the Police Facility:
Mayor Satori asked
Alderman Dozier why he found it necessary to call the State, instead of calling
City Hall when he questioned some of the things he saw at the new Police
Facility pertaining to the venting of some of the systems. Alderman
Dozier read a three-page commentary on his credentials as a heating and
air conditioning contractor with 34 years of experience. In these pages was a description of what he
said happened and why and how it happened.
Alderman Dozier said he
had no intention of stopping the work.
He said he asked for a ruling pertaining to his concerns. He denied telling Mr. Ledbetter that the
building was occupied. He said that Mr.
Ledbetter said that since Mr. Underwood was not certified as a building
inspector, he would have to inspect the work himself. (Mr. Underwood will begin his training for certification
in January). Mr. Dozier accused the City
of not following their own codes but enforcing them on everyone else.
Alderman Dozier said he no
longer works in Eureka Springs because of the laws and policies of the City,
which are restrictive. He made
the motion to hold a workshop as soon as possible to sit down and address the
changes to be made to the code to help homeowners to go on with everyday living
without having to break the law. There was no second.
Mayor Satori said that
Alderman Dozier was welcome to go through the code and present any
recommendations for change to the Council
for their consideration. He said
that would be much more helpful than to bad mouth the code and refuse to work
here. Mr. Dozier said that this Council
had already shown that they weren’t interested, and he was not going to worry
about it.
Alderman Harrison said
that Don Underwood is a certified plumber and he was capable to inspect from
that aspect. This whole thing could have
been avoided.
It was brought out that
Alderman Dozier’s allegations regarding the fire house have been checked out
and the system has passed inspection.
Discussion regarding hiring a replacement police
officer:
Alderman Stoppel made the motion to replace one police
officer. He said not having two officers
cuts down on coverage too much.
There was no second.
Alderman Stoppel was not
at the budget meeting for the police department, and was not aware that the
Council had given Chief Hyatt options to work with.
COUNCIL COMMENTS:
Alderman DeVito thanked
the Mayor for a nomination to the CAPC for the restaurant position, and said he
hoped there would be another nomination at the next meeting.
MAYOR’S COMMENTS:
None.
The motion was made and seconded to adjourn. All were in
favor, 5/0/0. The meeting was adjourned
at 9:05 p.m.
This is the signature
sheet for the minutes of November 5th , 2001.
APPROVED:
____________________________
Mayor Beau Z. Satori
ATTEST:
_______________________________
Mary Ann Lee, City
Clerk-Treasurer