Eureka Springs City Council meeting was led by Chair pro-tem Bob Thomas this week as Mayor Butch Berry was absent. Thomas is also Chair of the newly composed Entertainment District (ED) Committee and excused himself from leading that discussion when the topic arose.
City resident LauraJo Smole was the first to speak during Public Comments, delivering a prepared statement. Smole asked council to slow down and not rush the vote saying, “Why is this ordinance being pushed through so quickly using an emergency clause?”
She urged council to consider holding a public hearing to better discuss concerns of residents. Smole brought a variety of compelling questions to council regarding driver and pedestrian safety, liability insurance, noise levels/monitoring, sanitation, additional costs for fire and police services, boundaries, hours of operation, and residents’ rights to quiet and safe neighborhoods.
Smole asked the city to demonstrate how the EDs will be managed in a responsible manner. She asked for good governance by creating laws that are well thought out and considerate of the general public. “This is not happening with this enabling ordinance,” she stated.
Alderman Terry McClung, in favor of the ED, made the motion that the enabling ED Ord. 2283 be read for the third and final reading for approval. That died for lack of a second, however, council moved to discuss.
Thomas invited local merchant representative and ED Committee member Kendra Hughes to speak, and she said the proposed ordinance would do nothing but enable council to establish EDs if they chose to. Hughes said the proposed ordinance does not determine the establishment of any EDs, nor does it determine hours, locations, or time periods – it only gives city council the foundation to develop EDs if they so desire.
Hughes described further that it allows for a temporary ED to be established with an additional approved resolution, and allows for a permanent ED to be established with an additional approved ordinance. “It’s not anything specific to any district,” McClung said.
Alderman Susan Harman asked Hughes how downtown festivities have functioned in the past when beer was served on Center Street without having an ED established.
“What we were told is that Oktoberfest has sort of skirted around that rule,” Hughes responded. Harman asked, “What does a temporary Entertainment District allow us that the special event doesn’t allow us right now?”
“Well you don’t want me to say,” Hughes responded.
Looking back, the mayor had previously approved the closing of Center Street for special events, however Thomas clarified, “It is illegal to drink (alcohol) on a City street.” Neither council nor Hughes wanted to expound on how those events were able to take place in the past, and Hughes used this as a good reason to pass the proposed ordinance.
Alderman Mickey Schneider spoke adamantly against approval stating, “This whole Entertainment District thing is so wrong for Eureka. It’s pathetic and unbelievable that it’s even gotten this far.”
Schneider said that it may work for other towns but not for Eureka. One reason she gave was hilly-curvy roads and sidewalks that make it difficult to maneuver, and another is that there is only one main road to the historic downtown district.
She said that drinking on or near that main road is going to be a problem.
Schneider said that if the city does not shut down that road during the hours of an ED then, “You are talking about people dying.” She urged council to consider the ramifications of passing 2283 saying, “This is a very dangerous situation.” Additionally, she asked about the families with children who visit Eureka, “Are families gonna come? Are adults with children going to come on a weekend when we have mass drinking going on? No they’re not.”
Schneider was also concerned with who was going to foot the bill for additional safety costs for an ED. In her summation Schneider warned council, “I’m telling you why we don’t want to pass an enabling ordinance. We are talking about death, mayhem, and expense.”
Alderman Harry Meyer, a previous proponent for the proposed ordinance, said he has changed his position from being in favor of it on the first and second readings, saying, “I believe I made a mistake by voting for this last time.”
Meyer stated that after talking with local business owners and managers, they believe establishing one or more EDs will cost more than it is worth. Specifically, Meyer said some bars are concerned with the cost of hiring more bouncers/staff, the additional cost of buying the approved beverage containers, and the higher potential for violations with the Arkansas Alcoholic Beverage Control division which could affect the bars’ ability to hold an alcohol license. Meyer said most of the retailers he spoke to said they do not want customers walking in with alcohol due to a greater risk for damaged merchandise by intoxicated customers. Meyer was resolute when he said, “I don’t think this is going to bring more business to Eureka Springs.”
Alderman Melissa Greene stated that if this enabling ordinance is approved, she would recommend all applications for EDs be approved through the Planning Commission prior to council consideration.
Council agreed to defer the vote to the next meeting. Other items deferred were the discussion of removing requirements for insurance from the Tram tours, a resolution to waive bidding for the shuttle purchase for Parks, the ordinance for animal law changes regarding animals on unoccupied property, the update on the Auditorium, and the update on the city street plan.
Ferguson Stewart said he believes the ED committee was “a great example of good stewardship,” and he also applauded Scott Bardin for volunteering to serve on the Parks commission. Bardin was appointed with a unanimous vote.
Final final
Terry McClung was appointed to serve as the council liaison to the Planning Commission for the subdivision inspection team.
- Ord. 2280 was approved for its third and final reading for sidewalk replacement/repair and aggregate.
- Ord. 2281 was approved on its third reading to vacate the alley east of Kimberling Alley. A resolution to set a public hearing date for vacating an alley east of Alamo was approved.
- Ord. 2282 was approved for the second reading to increase parking meter rates from $6 to $9 for special events (Schneider voted against).
The next regular meeting is scheduled for Monday, Sept. 9 at 6 p.m. in the Auditorium.