CITY COUNCIL
Mayor Dani Joy called the regular meeting of the Eureka Springs City Council to order at 6 p.m. Monday, June 8, 2009, in the jury room on the second floor of the Western District Carroll County Courthouse.
PRESENT: Mayor Dani D. Joy, Aldermen Beverly Blankenship, James DeVito, Rob Wagner, Joyce Zeller, City Attorney Tim Weaver, Fire Chief Rhys Williams and City Clerk-Treasurer Mary Jean Sell CMC. Aldermen Robert “Butch” Berry and Patrick Brammer were absent.
PLEDGE OF ALLEGIANCE TO THE FLAG:
Mayor Joy led the Pledge of Allegiance to the Flag.
APPROVAL OF THE
AGENDA:
Mr. DeVito moved to approve the agenda as presented. Mr. Wagner seconded. All voted aye. Motion passed 4/0/0
APPROVAL OF THE
MINUTES: May 11, 2009, Special meeting May 18, 2009
May 11 – Mr. DeVito moved to approve the minutes of the regular City Council meeting of May 11, 2009, as presented. Mr. Wagner seconded. All voted aye. Motion passed 4/0/0
May 18 - Mr. DeVito moved to approve the minutes of the special City Council meeting of May 18, 2009, as presented. Ms. Blankenship seconded. All voted aye. Motion passed 4/0/0
COMMISSION,
COMMITTEE, AUTHORITY REPORTS AND VACANCIES:
Planning—Position 1- expires 7/1/11 Position 2 - expires 1/1/11
Position 7 – expires 1/1/12
PUBLIC COMMENTS:
Comments were taken from four citizens regarding The Artery on First St.
OLD BUSINESS:
1.
Discussion of the Artery on First Street.
(Note: There is an on-going discussion to develop a contract between the City and Charlotte Buchannan for use of the concrete wall on which The Artery, a display of four foot by eight foot painted panels mounted to the wall, is located.)
Mr. Wagner moved to open discussion. Ms. Zeller seconded. All voted aye. Motion passed 4/0/0
Mr. Weaver said he did not have any information about a corporation
called The Artery, but he did have information on a corporation in Florida. He
said he has been instructed by the Council to deal with James Yale, Ms.
Buchannan’s husband, and he has not talked with him in several weeks.
Ms. Blankenship said she had talked with a Jan Ridgley at Congressional
District Programs (CDP) Inc. of Falls Church, VA, and she had agreed to sign a
contract with the city for her organization as a representative of The Artery.
Ms. Buchannan has said The Artery is registered with the CDP as a
non-profit organization.
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Council 6/08/09 1
There was additional discussion of who would be signing a contract with
the city.
Mr. DeVito moved to table the discussion of the contract to the next
regular meeting, Monday, June 22. Ms. Blankenship seconded. Ms. Blankenship and
Mr. DeVito voted aye. Ms. Zeller and Mr. Wagner voted no. Motion failed 2/2/0
Ms. Zeller moved to deny the use of the wall, to have the current panels
removed, and to revisit the issue in January of 2010. Ms. Zeller and Mr. Wagner
voted aye. Ms. Blankenship and Mr. DeVito voted no. Motion failed 2/2/0
Mr. DeVito moved to ask Ms. Blankenship and Ms. Buchannan to give
paperwork, including tax returns and corporation documents, to Mr. Weaver so he
could contact Ms. Ridgley and determine how to go forward with the contract for
use of the wall. Ms. Blankenship seconded. Mr. DeVito and Ms. Blankenship voted
aye. Mr. Wagner and Ms. Zeller voted no. Motion failed 2/2/0
Mr. Wagner moved to table the issue indefinitely. Ms. Zeller seconded.
Mr. Wagner and Ms. Zeller voted aye. Ms. Blankenship and Mr. DeVito voted no. Motion
failed 2/2/0
Ms. Blankenship moved to table the issue to the next regular meeting,
Monday, June 22. Mr. DeVito seconded. Ms. Blankenship, Mr. DeVito, Ms. Zeller
voted aye. Mr. Wagner voted no. Mayor Joy voted aye. Motion passed 4/1/0
2.
Discussion of Leatherwood Bridge proposed
annexation
(Note: The Arkansas Highway and Transportation Department has offered to
“give” the two-lane bridge on Highway 62 west, commonly known as the
Leatherwood Bridge, to the city. Carroll County actually owns the adjoining
property and the bridge. The Quorum Court must agree to release ownership of
the bridge if the city is to take charge of it.)
Mr. Wagner moved to open discussion. Mr. DeVito seconded. All voted aye.
Motion passed 4/0/0
Mr. Weaver said he had talked with Carroll County Prosecutor Tony Rogers.
Mr. Rogers said the county does not want to spend the money for a survey of the
bridge and its property. He wants the City Council to propose covering part of
the costs.
Mr. DeVito moved to offer that the county pay 75 percent of the survey
costs and the city pay 25 percent. Mr. Wagner seconded. All voted aye. Motion
passed 4/0/0
3.
Ordinance 2101 adoption of city emergency plan,
third reading
Ms. Blankenship moved to suspend the rules and place Ordinance 2101 on
its third reading by title only. Mr. DeVito seconded. By roll call, all voted
aye. Motion passed 4/0/0
Mayor Joy read the title of Ordinance 2101 aloud.
Ms. Blankenship moved to approve Ordinance 2101 on its third reading. Mr.
DeVito seconded. All voted aye. Motion passed 4/0/0
4.
Ordinance 2102 regarding group tour franchises,
second reading
Mr. Wagner moved to suspend the rules and place Ordinance 2102 on it
second reading by title only. Ms. Blankenship seconded. By roll call, all voted
aye. Motion passed 4/0/0
Mayor Joy read the title of Ordinance 2102 aloud.
Ms. Blankenship moved to approve Ordinance 2102 on its second reading.
Mr. DeVito seconded. All voted aye. Motion passed 4/0/0
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5.
Ordinance 2103 rezoning property behind Best
Western Eureka Inn from R-1 to
C-2, second
reading
Ms. Blankenship moved to suspend the rules and place Ordinance 2103 on it
second reading by title only. Mr. DeVito seconded. By roll call, all voted aye.
Motion passed 4/0/0
Mayor Joy read the title of Ordinance 2103 aloud.
Ms. Blankenship moved to approve Ordinance 2103 on its second reading.
Mr. Wagner seconded. All voted aye. Motion passed 4/0/0
NEW BUSINESS:
1. Discussion
of ordinance updating fire safety code.
Mr. DeVito moved to open discussion. Ms. Blankenship seconded. All voted
aye. Motion passed 4/0/0
Chief Williams presented the ordinance which updates the references to the International
Fire Code (IFC), International Building Code (IBC) and International Residential Code (IRC).
Ms. Blankenship moved to give the
ordinance a number (2105) and place it on its first reading. Mr. DeVito
seconded. All voted aye. Motion passed
4/0/0
Ms. Sell read Ordinance 2105 aloud.
Ms. Blankenship moved to approve
Ordinance 2105 on its first reading. Mr. DeVito seconded. All voted aye. Motion
passed 4/0/0
2.
Appeal of property owner regarding review of plan for covering
portion of
parking lot at
109-113 N. Main from Basin Park Hotel by Planning Commission.
Jack Moyer, representing Martin and
Elise Roenigk, owners of the Basin Park Hotel, said architect Robert “Butch”
Berry and contractor Don Alberson have presented plans to the Planning
Commission for the construction of a 17-stall motorcycle parking garage on the
existing parking lot at 109-113 North Main. The plans included additional
lighting and landscaping for the area. The Planning Commission was unable to
approve the plans during the regular meeting of May 28.
Planning Commissioner Bill Earngey
said the discussion of the plans “got bogged down over the ownership of the
property” and the surface of the parking lot.
Mr. DeVito moved to table the
discussion to the next regular meeting. Ms. Zeller seconded.
Mr. DeVito and Ms. Blankenship said
they wanted copies of the plans and the minutes of meetings where the project
was discussed by the Historic District Commission (HDC) and the Planning
Commission/Board of Zoning Adjustment.
On the motion to table the issue,
all voted aye. Motion passed 4/0/0
Mr. Wagner moved to direct the city
attorney to see if the issued had to go to the Planning Commission. Ms. Zeller seconded.
All voted aye. Motion passed 4/0/0
ADJOURNMENT:
Mr. DeVito moved to adjourn at 8:05
p.m. Mr. Wagner seconded. All
voted aye. Motion passed 4/0/0
This is the signature page for the
City Council regular meeting minutes for June 8, 2009.
ATTEST: APPROVED:
__________________________________
_____________________________
City Clerk-Treasurer
Mary Jean Sell CMC Mayor
Dani D. Joy
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