Council picks Avanzino for vacant seat

David Avanzino has gotten a two-month head start as a member of the Eureka Springs City Council.

At its Nov. 14 regular meeting, the council unanimously voted for Avanzino to fill the vacant Ward 1, Position 2 seat most recently held by Nick Roberts.

Avanzino was already set to fill the seat in January after running unopposed in the Nov. 8 general election.

“It’s quite simply an honor to represent my fellow residents of Eureka Springs,” Avanzino told the Lovely County Citizen after the meeting. “Four years ago, this town captured my heart — and it’s an honor to serve.”

Council member Harry Meyer made the motion to nominate Avanzino, co-owner of Wanderoo Lodge and Gravel Bar and a frequent attendee at city council and City Advertising and Promotion Commission meetings.

“I’d like to nominate David Avanzino since he’s going to be taking the chair at the beginning of the year,” Meyer said.

Council member Terry McClung seconded the nomination, and it was approved 5-0.

After the vote, the council took a five-minute recess while Avanzino was sworn in before taking his seat for the remainder of the meeting.

“I just want to say what an honor and a pleasure it is to be sitting here,” Avanzino told council members. “I always wanted to serve this great city.”

PARKING ORDINANCE TABLED

A proposed Spring Street residential parking district ordinance, in the works for the past several months, was set to finally be voted on by the council at the meeting.

However, members of the Planning Commission, who presented the latest proposed ordinance to the city last week, said the version presented to the council was once again changed by city attorney Forrest Jacobi, and didn’t meet their approval.

“The ordinance that you have in your packet has been modified from the original approved by the Planning Commission,” Susan Harman, a member of the Planning Commission, said during the public comments portion of the meeting. “I ask that the city attorney not modify these ordinances with his personal opinions and wants, and rather allow City Council to read and discuss each draft ordinance in its truest form.”

Jacobi said he has gone back and forth with the Planning Commission for weeks with regard to the language in the proposed ordinance and isn’t sure an agreement can happen.

“I’m not sure when we’re ever going to pass this parking district,” Jacobi said. “There is contention about it, but it’s been on the docket agenda for a couple of months now. And … I cannot get language that I’m comfortable with from the Planning Commission. They don’t like my language either. I don’t know how to resolve this.”

After discussions between the city attorney and council members regarding the language regarding fines and enforcement, Jacobi again stressed his frustration with the situation.

“I’ve redrafted this three times,” Jacobi said. “I have put stuff in, and I’ve taken stuff out and it comes back to me, and they take out my stuff and they put their stuff back in.

“The latest attempt at an ordinance on this was dumped on my desk Thursday morning. It was dead on arrival. It contains provisions that could not be enforced, should not be enforced, and was lacking in other methods. … I’m very happy to send it back to the Planning Commission. But what’s going to happen is they’re going to try to put stuff in that I find unacceptable, and they find that my changes are unacceptable. I do not know how to resolve this situation. I would like to get a district going. I would like to get everybody happy on board with it. But this entire ordinance concept is a disaster waiting to happen.”

McClung says regardless of the final decision by the council, he would like the Planning Commission’s approval of the ordinance first.

“I mean, that’s where it’s supposed to be coming from,” McClung said. “I mean, you know, we’re working together with them. … If we got this kind of conflict, I’m not in favor of even voting, plain and simple.

“I would like for you [Jacobi] and the Planning Commission to be on the same page before it comes to us. … then I would feel good about it and ratifying something. Otherwise, I don’t.”

Jacobi responded: “Well, I don’t think the planning commission and I can get along.”

Ann Tandy-Sallee, chair of the Planning Commission, was allowed to address the council regarding the situation and suggested the council be allowed to see the original ordinance drafted by the commission to compare with Jacobi’s edited version.

“Obviously, this is not going to go anywhere tonight,” Tandy-Sallee said. “I would like to see the proposal that planning did, the ordinance, the draft that has yet to make it to City Council. I would like them to be able to see it and have discussion about the changes.”

In the end, the council voted 6-0 to table the issue until the next meeting, scheduled for Dec. 12. In the meantime, they will be provided a copy of the Planning Commission’s version of the proposed ordinance to compare with the edited version.

OTHER BUSINESS

All other items on the agenda were approved unanimously and with little discussion.

An ordinance to exchange properties on North Main Street passed its third reading and a resolution was approved to waive parking meter fees once again for two-hour parking along Spring and Main streets for the month of December.

The council also approved a resolution giving a pension to retiring city clerk treasurer Ann Armstrong, who qualifies under state law, and approved canceling the Dec. 26 council meeting because of the holidays.

Christine Santimore was appointed to the Historic District Commission and Dee Bright was reappointed to the HDC.