Aldermen revisited the resolution to impose a 270-day moratorium of new Conditional Use Permits (CUPs) for tourist lodgings in R-2 and R-3 zones at Monday’s City Council meeting.
City Attorney Tim Weaver referenced that at the last meeting, aldermen motioned for the moratorium to exclude those with open contracts on a property on the day the moratorium was originally set to start, which was July 26. He cautioned aldermen that such exclusion might invite fraud as there is no way for the city to determine the age of a contract.
The rewritten resolution left out that exemption and instead would start on Aug. 9 and run through May 6, 2022.
There was some question as to whether the moratorium would allow someone who purchased a property with an existing CUP to apply to keep the CUP, aldermen focusing on the phrase “new conditional use permits.” Mayor Butch Berry and Weaver were in agreement that inclusion of the phrase “additional conditional use permits” later within the resolution would define “new” in a literal sense.
Weaver went so far as to give an example that if there were 12 CUPs in Eureka Springs and someone bought a property with an existing CUP that there would still be 12 CUPs and not an “additional” one. The new property owner would have an opportunity to have that CUP transferred to them.
Alderman Melissa Greene also mentioned that those purchasing property with an existing CUP often go to the Planning Commission for approval to transfer the CUP before purchasing the property. The resolution passed unanimously.
As well, aldermen passed Ord. 2309 through its first reading to amend the definition of Bed & Breakfasts with a minor amendment to make it clear that a B&B must be a residence for the owner or manager.
Big Tent and Task Force mentioned
Alderman Autumn Slane gave a summary of the Carnegie Library’s Big Tent discussion from July 28, which covered affordable housing and possible solutions that were shared. Berry had also been in attendance at the event.
Prohibitive building costs to affordable housing and inflation were both mentioned as culprits in the difficulty of affordable housing, but aldermen took time to look for solutions.
Greene mentioned that mobile homes would be a possible way to start curtailing the housing crisis in Eureka Springs and Planning could look to develop more space for them.
Slane also asked if the Mayor’s Task Force on Economic Development was still meeting. Berry said they had not met since the start of the pandemic, but he was open to beginning their meetings once more with Slane possibly joining them.
Other Items
- Ordinance 2308 for Eureka Springs to recognize June 19 as a city holiday passed its third reading.
- Alderman LauraJo Smole had brought a proposal to adjust speed limits on streets in Eureka Springs. Berry informed her that speed limits were an executive issue rather than legislative, and Weaver clarified that council taking action on speed limits would be taking power away from the mayor. The discussion was dropped.
- Aldermen received an update on plans for the Auditorium basement and downtown fire station. The fire station plans include using the second half the building as possibly a new meeting space for council with seats to sit 28 audience members. Space for the firetruck already present at the fire station would still be available.
- Alderman passed a resolution requiring the usage of facial coverings in city government facilities with particular note that the requirement is for those unvaccinated,
Municipal Code is the Prerogative of the City Council, not the Mayor.
I read this item in the Eureka Springs Independent from August 11, 2021: “Alderman Laura Jo Smole had brought a proposal to adjust speed limits on streets in Eureka Springs. Berry informed her that speed limits were an executive issue rather than legislative, and Weaver clarified that council taking action on speed limits would be taking power away from the mayor. The discussion was dropped.”
The mayor’s statement seems bizarre and inaccurate. The Eureka Springs Municipal Code which is passed by the city council covers speed limits in Chapter 106. Section 106-238 explicitly states, “The city council finds and declares that it is necessary to establish speed limits….” It is true that Section 106-231 (d) states that, “The city traffic engineer is empowered to increase the speed limit on streets where, in his opinion, by reason of traffic engineering studies, a higher limit is reasonable” but this power granted by the city council is limited by specific criteria. It is not a statement that “speed limits are an executive decision.”