On Monday, March 9, Eureka Springs City Council held a workshop to discuss a Permanent Entertainment District, followed by a regular meeting. Mayor pro-tem Steve Holifield chaired both in the absence of Mayor Butch Berry.
Alderman Terry McClung urged council to view the plans, establish the boundaries, and pass the PED so as not to have to continue revisiting the issue. “It’s getting to be old hat.” Alderman Harry Meyer suggested placing it on the November ballot before “shoving it down the throats of citizens who rejected it in the past.”
Kolin Paulk of Spring on Main, who has led the recent effort, responded with historical reference. Paulk explained the city became interested in the creation of an ED shortly after the state began allowing them in 2019. A trial-run was set to occur but was petitioned to a vote and defeated 52 to 48. That same year in 2020, a separate proposal for a permanent ED was placed on the ballot and failed, 53 to 47. Noting such a close call, alderman Susane Gruning expressed her support for moving the proposal along.
Alderman Rachael Moyer thanked Paulk for presenting such a thorough proposal and asked Police Chief Billy Floyd about public safety issues. Floyd said that he and Paulk had been in communication and he foresaw no effective impact the ED would have on staffing or policing capabilities, but he did have reservations about a district requiring people to cross Main St., given that it’s a state highway with limited crosswalks and private parking lots difficult to mitigate.
Alderman David Avanzino asked who would be responsible for administrating the ED. Paulk suggested the Chamber of Commerce or the CAPC would be ideal. CAPC Director Mike Maloney backed Paulk, saying it “suggests that we are a community that is hospitable to our guests, giving them the opportunity to have an enjoyable time in our community – I think the thing that bothers me is the notion from some people that all it will be is a bunch of drunken people walking up and down the street with a beer can. I do not see that as an issue.” Maloney emphasized the city’s responsible police force and food & beverage employees who already work hard to prevent disorderly conduct. Maloney also said his commission could handle communication and absorb signage costs.
Supporters from the business community including Jack Moyer, Autumn Slane, and Damon Henke all spoke in favor of the district. Henke described the ED as a way of “meeting the expectations of our visitors more than anything else.”
Avanzino asked if Paulk had spoken to any retailers and then asked Autumn Slane, owner of the Grotto, for her opinion. Slane said she was for the district, and said retailers are already serving wine, so this would benefit them by allowing them to do so legally. In closing, Paulk asked council to begin drafting an ordinance in preparation for the next steps.
Discussion of the permanent ED continued during the regular city council meeting that followed. Avanzino voiced concern that there had not been nearly enough representation from retailers and other business owners, motioning for a second workshop. McClung asserted that “the city will put out notice of this, but those that are of high interest of having this attended which would be the CAPC, the Chamber, Kolin, and any other participants that are wanting to push this, better get the word out. We can’t drag them in here. They have to want to participate.”
Avanzino looked to Interim City Clerk Kim Stryker for answers. “Kim, I know you’re new but how do we get the word out to the public?”
“We put a public notice out for every public meeting. It goes to all the media. And we put it on our website. We’re not equipped to send invitations to individuals or parties. As stated already, that’s really your job and the interested party’s job to get to the public to attend,” Stryker replied.
Avanzino countered, saying he didn’t think it was council’s job to send out postcards to residents and that it ought to be more than just a tiny blip in the newspaper. “Obviously this is not working,” Avanzino said. Stryker explained that newspaper advertising required a budget, which council must vote on. Holifield advised that aldermen could also post on their private Facebooks.
“It’s no different than televising this meeting right now. This is really so we can come back and look at it later. There’s probably not fifty people watching this tonight. So, David, it doesn’t matter what you do. If they want to get interested, they will. And most of them don’t. Sorry,” McClung said.
Spring St. Damage Claim
Owners of Grotto LLC, Rodney Slane and Autumn Spencer are seeking $60,000 for damages and lost profit reimbursement for water intrusion allegedly caused by work done by the city. Negotiations were entered to try and resolve the matter but have been unsuccessful. Slane and Spencer said flooding brought 2-3 inches of water onto both floors of their businesses, damaging sump-pumps, equipment, sheetrock, flooring, and more. They said the city later repaired mortar along their back wall, which they interpreted as acknowledging responsibility. They also referenced a $38,000 offer from the mayor during negotiations.
The couple argued they were directed by the mayor to file an insurance claim, which was denied as the insurance company suggested the city was liable. They told council they had provided documentation and sales reports to the mayor and building inspector and requested compensation to cover repairs, employee costs, and lost revenue.
Moyer expressed her sympathies but noted that no receipts or verifiable documentation had been presented to council prior to the meeting. She mentioned the city has had similar incidents affecting other businesses without providing compensation, and that legal counsel had suggested the city may not be liable.
“If we were just talking about damages, that would be easier for me to wrap my head around but now we’re talking about damages, estimates for repairs that may have or have not been done, and lost business. And the lost business puts it in a whole different area,” Moyer stated.
Alderman Susane Gruning requested further explanation from Public Works. Wiley explained the incident occurred when a water meter hole on Spring St. was left open and filled with rainwater during a storm. Water entered the building, but he said the building’s sump-pumps system had failed. Wiley said he brought the owners a different sump-pump to use, but pipes were clogged and caused water to back up. “It was a bunch of unfortunate incidences occurring all at once,” Wiley said, also noting the building is on a natural spring, furthering complications.
Due to conflicting accounts and lack of documentation, tabled the issue until more information could be attained.
Public Works updates
- Crews picked up 16 truckloads of yard waste during last week’s cleanup.
- Purchased a John Deere 317G Skid Steer to be used for many things including snow removal.
- Public Works is hiring for two positions: one in streets and the other at the wastewater treatment plant. Must be willing to learn and able to obtain water and sewer licenses.
- Wiley introduced a spokesman from Performance Services to assist with energy-saving methods and provide mapping through ground-penetrating radar as the city doesn’t know where all its water and sewer lines are.
Other business:
- Avanzino, also a CAPC commissioner, raised concerns about event organizers competing for banner space on Spring and Main Streets, asking Wiley to come up with a second, visible banner location. Avanzino left council with food for thought: “We have legacy events that bring hundreds of people and then we have those events that are specifically for locals. What banners should take precedence over putting heads and beds and creating revenue for the city?” Holifield replied that he would hate to get into that argument. Legal counsel recommended the city draft a written policy to set clear terms for banner placement and order.
- Resolution No. 905 for a TED [temporary entertainment district] during the Goggles, Gears, and Springs Festival was approved.
- In public comments, a resident of Fuller St. asked council to consider paving it.
- Gruning asked council again if they were willing to look at ways to help homeowners finance sidewalk repairs. Aldermen agreed to schedule another workshop with Planning commissioners.
- In closing comments, Gruning asked downtown business owners to spruce up their outside areas for spring.