Ord. 2179 revoked, no alderman on Planning


When city council met Monday evening, aldermen deferred three of the six agenda items to the next meeting, while adding one to discuss violations to the Freedom of Information Act. 

Two citizens spoke during Public Comments, with Damon Henke of the Chamber of Commerce again taking the floor to tout Eureka Morning Brew every second Tuesday at 8 a.m. at the Community Center, and the Tourism Trade Show on April 23 at the Inn of the Ozarks Convention Center.  

Bob Jasinski of Angel at Rose Hall Bed and Breakfast said he disagrees with a statement made at the conclusion of the last council meeting with regard to Planning’s authority to impose special conditions on bed & breakfast owners. Jasinski said the Planning Commission only has the authority to impose special conditions, “when and only when someone applies for a CUP [Conditional Use Permit].” 

Regarding the Planning Commission’s request for signed affidavits that verify a B&B manager resides at the business, Jasinski said he did not have a problem with it but, “I do have a problem with the precedent it sets.” Jasinski, who has asked this in the past, requested that council replace the CUP revocation ordinance “with one that provides for alternative penalties, one of which could be the imposition of special conditions.”

There was a third comment from former alderman David Mitchell, however he was not present to make this comment himself. Two aldermen, Bob Thomas and Terry McClung, agreed at the end of the meeting that the reading of comments whose author is not in attendance will no longer be read or discussed at council meetings. 

The first agenda item approved the Planning Membership Ord. 2275 in the third and final reading, with Thomas opposed, revoking Ord. 2179 which was originally ordained in 2013 “whereas there is a need to be able to keep a more complete membership.” Ord. 2179 said the Planning Commission “shall be composed of seven members, of which no more than two shall hold any other municipal office… If there are two members who hold other municipal office or appointment, only one of them may be a member of the City Council.” 

Thomas said Ord. 2179 was put in place for an emergency backup plan to maintain full membership and keep business moving, “There is just no reason to do away with it.” Alderman Mickey Schneider said the passing of Ord. 2275 is important to prevent unfair double-voting by a council member serving on both the Planning Commission and the council.