CITY OF EUREKA SPRINGS

CITY COUNCIL

REGULAR MEETING MONDAY SEPTEMBER 14, 2009

Mayor Dani D. Joy called the regular meeting of the Eureka Springs City Council to order at 6 p.m. Monday, Sept. 14, 2009, in the jury room on the second floor of the Western District Carroll County Courthouse.

PRESENT: Mayor Dani D. Joy, Aldermen Robert “Butch” Berry, Beverly Blankenship, Patrick Brammer, James DeVito, Joyce Zeller, City Attorney Tim Weaver, Finance Director Yvonne Kline and City Clerk-Treasurer Mary Jean Sell CMC. There is one vacancy on the Council.

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. Berry seconded. All voted aye. Motion passed 5/0/0

APPROVAL OF THE MINUTES: Aug. 24, 2009 Minutes were not available.

COMMISSION, COMMITTEE, AUTHORITY REPORTS AND VACANCIES:

Planning— Position 2 - expires 1/1/11

HDC – Position 3 – expires 11/30/11 Position 6 – expires 3/07/11

Fire – Chief Rhys Williams said the department is starting an Explorer program for students 14 to 21 years of age. The program includes instruction in first aid, EMS, and some basic fire fighting techniques. He said the local unit will be #343 in honor of the 343 firefighters who perished in the 9/11/01 attacks on the World Trade Center twin towers in New York City.

Public Works – Director Dwayne Allen said he has no line item in his budget for the repair of the display windows in the City Auditorium building, or to repair the parapets and gutters. He said the building needs to be sealed against leaks and the fire alarm system needs to be repaired.

Ms. Blankenship moved to rename the parapet repair project to auditorium repair. Mr. Brammer seconded. All voted aye. Motion passed 5/0/0

Parks – Director Bruce Levine asked to have clarified the $50,000 allocation from capital funds for the Harmon Park Bathrooms and other projects.

Mr. Levine said Parks was short on the funding for the USGS springs project. He has a letter of commitment from Parks Commission Chairman Bill Featherstone but needs a commitment of approximately $1,800 from the Council.

Ms. Blankenship moved to have the Mayor sign the commitment contract for the USGS springs project. Mr. Brammer seconded. All voted aye. Motion passed 5/0/0

PUBLIC COMMENTS:

One person spoke to the costs of the auditorium repairs.

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NEW BUSINESS:

1. Appointment of new alderman for Ward 1 Position 1

(Note: Elected Alderman Rob Wagner resigned the position during the regular Council

meeting July 24, 2009.)

Mr. Brammer moved to discuss the issue. Mr. DeVito seconded. All voted aye. Motion passed 5/0/0

Ms. Zeller said Mr. Wagner and Ms. Mickey Schneider had campaigned for the position. She said Ms. Schneider was willing to take the seat and she has a great deal of qualifications.

Mr. Berry moved to nominate Ms. Schneider. Mr. Devito seconded. By roll call vote, Mr. DeVito, Mr. Berry, Ms. Zeller, Mr. Brammer voted aye. Ms. Blankenship voted no. Motion passed 4/1/0.

Mr. Brammer moved at 7 p.m. to take a 10 minute recess. Mr. DeVito seconded. All voted aye. Motion passed 5/0/0 The meeting resumed at 7:15 p.m.

Mayor Joy administered the oath of office to Ms. Schneider. She took her seat at the Council table.

2. Discussion of sidewalks

Mr. Berry moved to open the discussion. Mr. Brammer seconded. All voted aye. Motion

passed 6/0/0

Planning Commissioner Brad Banaszek said the Commission does not recommend passing the amendments to the sidewalk ordinance in their present form. The city needs a master sidewalk plan and there are some ambiguities in the municipal code. He said one commissioner is concerned about construction standards for sidewalks.

Mayor Joy asked to postpone further discussion on the issue and to set a workshop date for discussion.

Ms. Blankenship moved to table the sidewalk discussion to the next meeting, Monday, Sept. 28. Mr. DeVito seconded. All voted aye. Motion passed 6/0/0

3. Discussion of Ordinance 2108 setting real and personal property millage for 2010

Ms. Blankenship moved to place Ordinance 2108 on its first reading. Mr. DeVito

seconded. All voted aye. Motion passed 6/0/0

Ms. Sell read Ordinance 2108 aloud.

Mr. Brammer moved to approve Ordinance 2108 on its first reading. Mr. DeVito seconded. All voted aye. Motion passed 6/0/0

4. Discussion of proposed referendum election.

(Note: The Council met in special session July 1, 2009, and approved a Ordinance #2106

waiving the bidding procedure to allow the Police Department to spend $30,000 to purchase parking meters. Citizens circulated a referendum petition to overturn the ordinance. Petition signatures have been certified as sufficient by the City Clerk.)

Mr. Brammer moved to open discussion. Mr. DeVito seconded. All voted aye. Motion passed 6/0/0

Ms. Blankenship said there would be no action taken if a special election overturned the ordinance. The parking meters have been purchased, installed and are in use. She said going to

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the expense of a special election did not make sense. She said this was an administrative action, not a legislative action.

Mr. Brammer said the city was under a time constraint because the existing parking fee machines were not working and the city was losing revenue.

Ms. Blankenship moved that Council stand behind Ordinance #2106 as an administrative action and not call for a special election. Mr. DeVito seconded. By roll call vote, all voted aye. Motion passed 6/0/0

ADJOURNMENT:

Mr. Berry moved to adjourn at 8 p.m. Mr. DeVito seconded. All voted aye. Motion passed 6/0/0

This is the signature page for the minutes of the regular Eureka Springs City Council meeting of Sept. 14, 2009.

APPROVED:

ATTEST:

______________________________

Mayor Dani D. Joy

_______________________________

City Clerk-Treasurer Mary Jean Sell CMC

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