Council approves 2nd reading on permanent entertainment district

One vote separates Eureka Springs from having its first permanent entertainment district.

At its regular meeting held Monday, Sept. 9, the Eureka Springs City Council — with little discussion — voted 5-1 to approve the second reading of an ordinance that would establish an entertainment district at Pine Mountain Village shopping center on East Van Buren Avenue, which includes Eureka Springs Harley-Davidson and Pauly’s Burgers restaurant.

Property owners Marshall and Kyle Johnson, who are brothers, have wanted to turn the area into a permanent district to help draw more businesses to the shopping center, which currently has numerous vacant storefronts. Pine Mountain Village hosts numerous temporary entertainment districts throughout the year and a permanent district will allow the consumption of alcoholic beverages within the property.

“Our goal is to create an attractive property, which we’ve already started,” Kyle Johnson said at an Aug. 26 council meeting. “The steps of doing this, that’s going to attract other businesses, which drive economic development. … We already have our businesses that we operate, and we’d like to bring in some others that complement what we currently have, the Eureka Harley store. We’ve got a restaurant.

“Just the way the property is set up, with the horseshoe and the front parking lot … it’s 40 acres. Five of it’s developed. There’s really a nice offset from the highway with a beautiful berm that creates barriers as well as some other natural barriers around the backside.”

If approved, the entertainment district will be effective every day of the week, but Kyle Johnson said music and events would still happen sporadically. The key is attracting new businesses to the center, he said.

“We have operated events there, sure,” Kyle Johnson said before the council approved the proposed ordinance on its first reading. “There will be a few events, but from our perspective, we would prefer longterm tenants that are paying rent month after month complementing what we already do. That is a steady stream of income. It’s easier to operate and plan financial expenses and things like that.”

At the Sept. 9 council meeting, resident Melinda Large, who lives on Oakridge Drive, voiced opposition to the permanent district, saying residents should have a priority over tourists.

“I am here to oppose the permanent entertainment zone,” Large told council members during public comments. “The proposed zone shall abut one of the last pure residential zones in Eureka Springs, which is known for seclusion, quiet, low crime and mayhem and low traffic congestion. This planned zone is to promote tourism. I have two questions. Don’t we currently promote and support tourism in Eureka and surrounding areas? The proposed ordinance has eight sections and five are related to alcohol, alcohol consumption, alcohol distribution, alcohol location, alcohol signage. No section offers protections to neighborhoods from the noise and mayhem that will be brought on with this zone.

“My question again is why are permanent residents’ rights to a peaceful community second to tourism? In summary, this citizen of the Pines addition vehemently opposes the permanent outdoor zone. Our homes and community will be grossly denigrated with the implementation of this zone.”

Council member Susane Gruning, who has spearheaded discussions on implementing the permanent district, reminded those in attendance that the ordinance would be for a two-year timeframe, would be re-evaluated when it expires, and at any time, the district could be shut down by the city’s police or fire department if policies such as the city’s noise ordinance aren’t being followed.

“It doesn’t mean that it’s going to be a lot of noise. It doesn’t mean it’s going to be party central,” Gruning said. “It just means that they have the option of being able to walk around a beautiful area that is surrounded by 35 acres. There is a noise ordinance. If noise ordinances aren’t being enforced, that is not up to the entertainment district; that’s a city issue.

“Change is inevitable. We do currently promote tourism. However, we have a lot of empty buildings, so we want to still continue to promote tourism in all of Eureka, not just a portion of Eureka. And we are right now in a position to possibly lose the CAPC, which was promoting. So that could decrease. And if we can increase revenue to our city to help pay for things like our water and sewer and other areas like sidewalks, roads … The city needs money. We’re where we are barely treading water right now.”

Council member Harry Meyer, who lives near the property, has been a constant lone dissenting voice on the council on the idea of the permanent district, saying he felt boundaries needed to be tightened, especially after recently visiting a temporary entertainment district on the property for a car show.

“I’ve spoken to my neighbors and they are opposed to this,” Meyer said. “… That was a quiet little shopping center for years, and it didn’t disturb the neighborhood, but an entertainment district will definitely do that. When I was there at the car show, there were people with coolers by their cars. That’s why I was mentioning that the [boundary] line should be to where people have to walk into the entertainment district and not drive their car into the entertainment district where they can conceal their own beer in it.

“So, there’s lots of things about that that I’m opposed to. … I don’t think it will help tourism at all, and I don’t think it’ll help them with their buildings. But, that’s my opinion.”

Gruning reminded Meyer that events such as the car show are different than a permanent district.

“So, the coolers by the car, let’s not, again we’re confusing events with an entertainment district as far as safety and regulation,” Gruning said. “It will be monitored. And noise, they’re just trying to open up businesses up there. It’s very quiet right now because a lot of buildings sit empty just like some of our downtown areas. They invested their money in a shopping center and they’re just trying to open up businesses up there.

“… We are making assumptions of the worst-case scenario. I think we need to start thinking in a positive way and work together on what we can do to make our town a better town.”

At the Aug. 26 council meeting, Kyle Johnson said appropriate security measures would be in place, especially during events.

“We’d have a security plan in place seven days a week, but you’re not going to have live entertainment seven days a week,” Kyle Johnson said. “If you go to any entertainment district there’s not live entertainment seven days a week. We would have a valid security plan in place.”

When events are not happening, past discussions have included the idea of the district allowing people to buy food at Pauly’s and taking their meal and beverage outside to one of the picnic tables on the property to enjoy the scenic views.

The council will likely vote on the measure’s third and final reading at its next meeting on Monday, Sept. 23.