City council on Sept. 27 was given changes to code regarding amplified sound permits. City Clerk Ann Armstrong said that the past weekend had proved a lack of clarity within code as to when a permit for a music festival could be applied for and acquired.
Currently, a restaurant that has outdoor seating and zones commercially, can have music that does not exceed 65 decibels until 10 p.m. Annually, restaurants that meet that requirement can apply for an annual permit that allows them to apply for an amplified sound permit for an event corresponding with a city approved music festival (i.e. Folk Festival, Blues Fest, etc.). As of now that amplified sound permit allows for music played to not exceed 85 dB until 2 a.m.
Armstrong said that the changes to city code were to clarify the difference between a music festival, private events, and one-time city events such as Music in the Park, and also put an end time at midnight for music permitted by the amplified sound permit. Midnight was the starting point for discussion, as Armstrong said the police chief had suggested 10 p.m., but shows during busier seasons at restaurants may not get going until that time.
Alderman Terry McClung said that the changes in code would restrict restaurants from getting an annual amplified sound permit at all.
McClung asked for City Attorney Tim Weaver’s interpretation of the changes, and Weaver said he did not believe the changes excluded restaurants from playing music, but he could draft an ordinance to make it clearer. Unanimously, aldermen agreed to have Weaver write such an ordinance while making changes to code.
Argumentum ad antiquitatem
On the topic of Cliff Street and German Alley, Berry said that department heads did not see how turning them into one-ways would solve problems on those streets. He cited no significant accidents on those streets and there are other streets in town just as narrow that are two-way. Berry also said two residents of the streets had come to him and said they had wished they had not signed the petition.
Alderman Harry Meyer argued that GPS runs visitors up those streets too narrow for two vehicles to pass. He also said that, in winter, when vehicles try to go down German Alley, they run the possibility of hitting houses and if the street was one-way up, they wouldn’t have that opportunity.
McClung anecdotally cited time living on Cliff Street, saying there had not been any significant crash on that street in the time since and agreed with Berry saying, “It’s Eureka Springs.”
Other Items
- Resolution #804 to accept a $300,000 grant from the Arkansas Department of Emergency Management for the repair to Black Bass Dam passed unanimously.
- Resolution #805 to hold a public hearing on Oct. 25 at 6 p.m. on the topic of vacating the final portion of Owl Street not yet vacated.
- 2311 prohibiting new tourist lodgings in residential zones passed second reading.
- 2312 on rules for removing members of city commissioners passed second reading.
- 2313 for the annual property tax levy passed third and final reading.