A decision on a permanent entertainment district for Pine Mountain Village will have to wait a little longer.
The Eureka Springs City Council voted at its June 24 meeting to again table the topic to give time to research an ordinance already in place regarding temporary entertainment districts.
Marshall Johnson, owner of the property and applicant for the ordinance, said approximately five acres of the 40-acre property would be used for the district, if approved. A number of temporary entertainment districts are approved annually for the area, which includes a stage adjacent to Eureka Springs Harley-Davidson.
Johnson provided council members a highlighted map showing the area of the property that would be the boundaries of the proposed entertainment district.
“The outline would be the theater, the parking lot, basically and then the little stage area that we have added this last season,” Johnson told council members. “Directly behind [the stage] we would have a fence.
“We’re trying to enhance the property with some events, some that are already there like the car shows, and create kind of a destination. … Create some more energy.”
Johnson and Eureka Springs Police Chief Billy Floyd both told council members that previous temporary districts have gone safely with little to no issues.
“We’ve had multiple temporary entertainment district permits and have had zero issues,” Johnson said. “There will be signage about no alcoholic beverages past the district. We’ve done it and there’s been zero issues so far. We would manage it. We would police it, with it being a private property.”
Floyd added that those managing the temporary districts in the past have been easy to work with.
“Anytime there’s been anything happening in any of the temporary entertainment districts, everybody that’s had the permits have been super cooperative,” Floyd said. “They’re always easy to get ahold of and if something happens they call us and we can take care of the problem whether it’s medical or anything.
“There have been maybe two or three bad actors we’ve had to remove [in the past], but it’s always been a pleasant experience.”
Council member Terry McClung questioned the parking lot of the shopping center being part of the proposed district.
“This is not the same as the original, permanent entertainment district that we were looking at in Eureka four or five years ago that encompassed the downtown area. This is strictly for Pine Mountain Village and only Pine Mountain Village.”
— Eureka Springs Mayor Butch Berry
“What would stop people from getting in their car and leaving with a drink in their hand,” McClung asked.
Johnson replied: “Obviously, it’s illegal to get in your car and leave with alcohol, at any time. We can’t manage to police every single person, but we obviously did police pretty good for the multiple events we’ve had.”
Council member Steve Holifield pointed out that temporary entertainment districts that are regularly approved for areas downtown involve parking areas where people could get in their car with a drink in hand.
The main issue Holifield brought up was that if an ordinance was written establishing a permanent entertainment district for Pine Mountain Village, the ordinance would stay with the property even if Johnson sells it or if the businesses on the property become something else.
The proposed ordinance would allow the entertainment district from 10 a.m. to 11 p.m. seven days a week. Two temporary districts were recently approved for Ozark Rally and Bikes Blues and BBQ this year and another temporary district for the property for a Mustang car show, to be held July 6 and 7, was approved at the June 24 meeting.
A permanent entertainment district in areas downtown was voted down by residents in the November 2020 election after it was originally approved by the council earlier that year.
Council member David Avanzino asked if the vote in 2020 would supersede the permanent Pine Mountain Village request.
“This is not the same as the original, permanent entertainment district that we were looking at in Eureka four or five years ago that encompassed the downtown area,” mayor Butch Berry said at the June 10 council meeting. “This is strictly for Pine Mountain Village and only Pine Mountain Village.”
Council member Susane Gruning asked if a permanent district would be in conflict with the city’s current noise ordinance, and Ida Meyer, city clerk treasurer, said while the proposed ordinance would keep the district open until 11 p.m. each day, any music would have to end by the 10 p.m. restriction on noise.
Johnson said the permanent district was intended for events only.
“I mean, this isn’t going to be an everyday thing,” he said.
Avanzino responded that the seven-day a week allowance was still concerning to him.
“If we were to approve this ordinance, it pretty much gives you a blanket to do what you want seven days a week,” Avanzino said. “I understand you won’t do it seven days a week, but with this ordinance, the way it’s written, we wouldn’t have a choice to retaliate if you were to do something seven days a week, 12 hours a day.”
With having numerous events on the property throughout the year, temporary district requests can be an issue, Johnson said, adding that two events in the city can’t have a temporary district permit at the same time.
That led to Meyer researching city code regarding temporary districts.
“No temporary entertainment application for the same date, or within a timeframe of 24 hours of the same date,” Meyer read from a section of city code about two events in the city having a temporary district at the same time.
That led to McClung saying he’d be “more inclined to amend” the temporary district ordinance than approve a permanent district.
Meyer responded that she thought the temporary district regulation was state law, but she would research the topic.
“I would like you to do that because I’m not inclined to give the blanket,” McClung said regarding a permanent daily district, adding that he doesn’t think temporary districts have ever been turned down, before making a motion to table the issue.
OTHER ITEMS
Also tabled was a possible ordinance to do away with another ordinance regarding residential parking regulations on a portion of Spring Street.
The main issue discussed revolves around the multi-unit Bridgeford House Bed and Breakfast and making sure parking regulations are being followed in accordance with its Conditional Use Permit, such as having ample parking spaces behind the unit for guests.
“They were required to have X number of parking spots, you know, on site, not city property, on site, not on the street,” Mc-Clung said. “And so if they’re not meeting that commitment, then they they need to be notified that they have to or they’ll lose their permit. I mean, that’s the way it’s gotta be.”
The council also approved the first reading of an ordinance to reopen a portion of Norris Street where it intersects with Benton Street near the Eureka Springs Hospital.
Simon Wiley, public works director, gave an update on water leaks in the city.
The council also voted to approve the appointment of Ruth Mitchell as a member of the parks and recreation commission.
HOLIFIELD ON CAPC
During council member comments, Holifield, who also is a representative on the city advertising and promotion commission, shared his thought with recent controversy, including the recent suspension of Mike Maloney, CAPC director.
“CAPC is going through another period of turmoil,” Holifield said. “It’s like a roller coaster ride. I thought the ride was going pretty smooth there for quite a while, and now it’s going up and down again.
“Our director was suspended with pay pending an investigation. There’s been some allegations made, but I really can’t discuss those…. Hopefully everything will get worked out and we can get back to normal business.”
The city council’s next regular meeting is scheduled for 6 p.m. Monday, July 8, in the basement of the Auditorium.
