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Welcome everyone to the City Council meeting for Monday, June 24th

2019 if we could have a roll call, please MAAM TO ESTABLISH QUORUM Harry Meyer

HERE Melissa green here TERRY McClung. Yeah here Thank MICKY SCHNIEDER here Susan Harmon here Bob Thomas here

We have six. All right stand FOR THE PLEDGE OF ALLEGIANCE PLEASE


one nation under God indivisible WITH LIBERTY AND JUSTICE FOR ALL.

All right, get a motion to move into

Second okay motion second CAN I GET Mr. Thomas


I would like to move to move item number nine budget cleanup up to

Replace or above item number one on the business. I'll SECOND that


anything ELSE

Number two the appointment of council member to planning. Can we postpone that since we have applications?

You want to postpone it or don't you want to remove it at this point? No, let's just postpone it to the next meeting

Deferred to fix maybe please

Okay second second

All right


items three four and five

We need to defer to the next meeting because they're City Attorney's still working on those items

They might have anything else I have a question, okay

Since there was really not a motion at a vote on splitting

the agreed-upon ordinance

Could there be at least that agreement this evening? That's why the blanks are there?

Because it was it's kind of a limbo

Miss green asked if they could be split out, but then there was no. All right, I guess what?

What we're running is somebody to

MALISSA would you like to I don't know how we do this

Make a note of deferring ordinance for animal law changes regarding livestock

Okay, and have a second get somebody a second thing second

Decision one second that and the same thing with the ordinance for the animal law changes regarding unoccupied property

Okay, I'll I'll defer that now second that she was second to it. Okay, so three four five r1 on what it was

Yeah, that's how much well there wasn't a second on those two things what you're saying

All right, I'm saying that the reason that there's a blank on the agenda

was that

There was a motion made by Council in October last year

To write an ordinance that would involve both

portions then Melissa asked I mean sorry miss green said at the last meeting she would like to see them split out and

Asked mr. Weaver, if that could be done. He said yes, it could be done, but then there was no

Motion to change their ORIGINAL AGREEMENT . It's So it's sort of hanging

And I you know, I just couldn't I had to put it on here some way

Well, mister mister WEAVERS WRITING two separate ordinances my understanding

Mr. Thomas, well, I think the point is there was no vote - right - so that's right. Thank you

So now we have a motion in a second, but there was a vote last year to not separate them

We needed to delete that needed to be second. We needed to separate I think with the conversation last time

There was no

I'm sorry, do we need any of that to defer this on the agenda?

No, no at this point. We're deferring at any one. Mr. Thomas. Well, I would wonder if mr

Weaver knows what he's supposed to do. Aye

Mr. Weaver


Typically if it appears that it comes when it comes to me

Sometimes it comes to me and it looks like it is two separate ordinances that need to be drafted

I usually go ahead and draft two. Anyway, if the if they're covering two different points, and I did agree. I believe last

Council meeting that it would probably be best that they be two different points if council wants them is one


Guess if the if that is the vote that is on the table

Maybe we do need to take one to split them or not. Split only

Can we as it stands now apparently there's no vote to split them

Can't we would be these deferrals to make it a discussion on how we're going to handle it

So the next meeting we can have a finished product

Mr. Ware. Yes, sir. Can we move on? I mean it's either on the agenda or not? Yeah

Mr. Weaver, do you want to know how do you want you infer this or what do you want to do?

If you defer it, you'll have two ordinances next time


I'm gonna refer that. I'm going to take this back. We'll put it up for discussion

All right, anything else discussion tonight tonight? Yeah, that's correct. Thank you

Anything else? Okay

What are we taking off for which I can ask item number two and item number three?

And four and five our discussion now for our discussion

All right, all those in favor of the agenda as amended six I'm saying aye aye

Any opposed I

Get a motion to approve the minutes

Some were doing tenth



Get a second second. Okay, any additions Corrections?

Hearing none all those in favor of the minutes that submitted since I'm saying aye aye

Any opposed and so moved in your packet you have two

applications on the Planning Commission one is Kathy Hendrickson

Katie I'm sorry and the other ones Oh


For your consideration at the next meeting and that's where the Planning Commission

Tonight. We also we still have a position coming up by the end of this month for CAPC

Vacancy, but tonight we also have a vote on the application for dr. Tyson Byrd

Get a motion I'll make a motion to approve the application

From dr. Tyson Burton second. Okay discussion

All those in favor signify by saying aye aye any opposed I

Remember comments anybody from public comments?

Good evening council James DeVito five Center Street a little over two months ago the state legislature passed act


It is an act to promote

hospitality and tourism

to highlight restaurant

entertainment and hospitality

options to establish temporary or permanent

designated entertainment district and for other purposes

Basically what this Act does is

loosen the ABC restrictions on open containers in public

It allows the city of Eureka Springs to establish an entertainment district and then to allow people to drink on the streets

It is totally up to the city of Eureka Springs on how you want to regulate this. I

Feel given the discussion over the 30 years that I've been in Eureka about

Late-night business downtown and the complaint from tourists that there's never anything to do downtown

This gives us an opportunity to bring people downtown after 5:00. I

Would encourage the council to look at this because it does provide an opportunity that we've never had before

I would suggest also to council that we do it in small steps that maybe you entertained

Just a Friday night or a Saturday night say from 5 o'clock on I would also

entertain council to restrict an entertainment district from the intersection of Main and

Spring to spring and mountain

Including Center Street, so that's basically around about a three block area

There's a lot of restaurants. There's a lot of shops

That would probably stay open if they see people on the streets because quite frankly there is no incentive

For the shopkeepers to stay open if nobody's downtown it

Provides an added benefit to the community of revenue. I

Think it's something that the tourists have been looking for for a long time

It's something that we've never had the opportunity to do before

I hope that a couple of you at Council will put this on the agenda

so the community of Eureka Springs can show up, hopefully and

Discuss this item. I think this is an unprecedented

Opportunity for the city. I think we should take advantage of it

I also think we should work in small steps because if for some reason it doesn't work

We can always pull the plug on it

I would like to think that other cities like Memphis and New Orleans have proved that it can be effective

we do have police on bicycles and that would encourage the police department to have a visible president a

visible presence of

Authority on the streets. I think it's something that's very doable. I think it's an attraction. They could bring people here and

Hopefully in the near future after that we could even entertain the idea of closing off

Spring Street from Center to Mountain Street and have a festival atmosphere on weekends Thank You counsel

Don't yell into the mic

Damon hey key here from the Chamber of Commerce. I want to approach a couple of things one is our 4th of July fireworks

at on marble flats

Which is just directly in front of the statue of the Jesus Jesus of the Ozarks

That will be visible from Main Street in all areas of downtown

I wanted to let you know the Chamber of Commerce will put out as much information as we can to say

Where to see that the to let you know the passion plate is chiming in with that initiative

Providing Carroll County $5 tickets for that evenings performance on Saturday

The 6th

so if you want a stadium seat to watch your fireworks show 5 bucks get you in they will pause the play at

9:15 for the fireworks show and then resume it they've also given free access to any other parking up there

So great a great place to watch the fireworks as is every location and nearly down at nearly every location in downtown. I

Also figures right? Click and mention what James had mentioned act 8:12

I have been doing some research because obviously that's important to the chamber of commerce

As he mentioned it was a big deal for Memphis. You can go down in New Orleans

I don't think that that's the level of alcohol in the streets that we're talking about for your region Springs

But certainly I'd like to see that become an initiative for the council and for the city to begin

Having an entertainment district

I really think he can go from really the museum which was a little more expanded and include all of downtown

To get the appropriate restaurants. We already do a few events that connect a lot of the different establishments downtown and I would certainly

Continue to perpetuate those through the chamber through Main Street and have some great

Events that would encompass our nightlife scene in downtown

So looking forward to your decisions on that and certainly available for phone calls and information. I'll

Contact representatives, whatever you guys need to know

From us I will get on the streets and get the information back to you. Thank you very much. Yes, sir

thank you a lot for

The 6 July 6th. Thank you. Sorry didn't mean yelling here, July 6th

All right that concludes our public comments our first order of business under new businesses

the resolution for 2018 budget cleanup motion to


to discuss second gang motion and discussion comments


Yes, sir. Mr. MCCLUNG I

I don't have anything in my packet on this and I was looking at something that it's deep in it's number nine

well, if it is it's

it's underneath something that I

Should be how much next to the last

In there

Nothing up my sleeve Terry. I think you get a short package. Yeah this I've got I've got the Thomas request but I

Don't think I've got the other

The smart. Do you have yours? Yes here

Okay, okay

Okay. No, that's not it

No, it's uh looks like that

Yeah, this is it



Wait, oh we moved it

It's okay, I'm just not here today

Okay, any caller be

MR. MCCLUNG . Would you like to make a motion to?

I'm not sure. I'm qualified at the moment

But anyway like to my demo

Let's sign a number. Yes. I'd like to make a motion that we read resolution

Assigned a number and read it the regarding the budget cleanup for 2018

For passage for passage of second

Okay, mr. MCCLUNG made motion and

Mr. Green, okay seconded any discussion

Mr. THOMAS yeah, mr. Meyer. Yeah, miss Harmon. Yeah, mr. McClung. Yes, miss Greene. Yes. MS. SCHNIEDER Yes


Resolution number will be seven five three

Resolution amending the 2018

adopted budget for the city of Eureka Springs

Arkansas for the year 2018 appropriating money for each and every item of expenditure therein and for other purposes

whereas the City Council of the city of Eureka Springs, Arkansas has

determined that it is in the best interest of the city to amend the adopted budget of the city and and

Whereas certain anticipated revenues and expenditures did not occur as previously budgeted

Now therefore be it resolved by the City Council of the city of Eureka Springs

Arkansas that section one this resolution shall be known as the cleanup

Amended budget resolution for the city of Eureka Springs, Arkansas for the year

2018 and

The attached 2018

Documents present the actual revenues expenditures and appropriation adjustments for the period

That the amounts for each expenditure

Classification in the amended budget are hereby approved by the City Council of the city of EUREKA Springs, Arkansas

And they are hereby authorized and appropriated

For the purposes set forth for the calendar year ending, December 31 2018

revenues for 2018

In the general fund account

The amended budget amount is three million five hundred fifty two thousand four hundred and forty three


Four hundred thirty one dollars. Whoa, three million five hundred fifty to four hundred thirty one dollars

With an increase of

nineteen thousand four hundred eighty six dollars and a balance of

Three million five hundred seventy one thousand nine hundred and seventeen dollars in the street fund

The amended a budget amount

Demanded budget is 660 four thousand three hundred

dollars with an increase of sixty six thousand eight hundred and thirty three dollars and

a balance of seven hundred thirty one

thousand one hundred and thirty three dollars

Okay, time to get in the rhythm

for Lotfi

The 2018 amended budget amount is two hundred and eighty seven

Thousand six hundred dollars with an increase of twelve thousand nine hundred and seventy dollars

Leaving balance of three hundred thousand five hundred and seventy dollars

The capital fund the amended budget amount is three hundred ninety seven thousand fifty dollars with a

decrease of a hundred and forty seven a

Hundred and forty thousand five hundred and seventy one dollars

Leaving a balance of two hundred and fifty six thousand four hundred and seventy nine dollars

There's something in the air in here

Alright debt service 2018 amended budget

Came out as 1 million

Three hundred and eighty nine thousand nine hundred dollars with an increase of thirty thousand four hundred ninety

four dollars leaving a balance of 1 million four hundred twenty thousand three hundred ninety four

thousand dollars Court automation

amended budget amount is six thousand five hundred dollars is an increase of

seven thousand forty dollars leaving a balance of thirteen thousand five hundred $40 for

Firemen's pension. The amended budget amount is 98 thousand four hundred fifty two dollars

that's a decrease of

Fifteen thousand nine hundred twenty one dollars leaving a balance of eighty two

Thousand five hundred and thirty one dollars in the water and sewer fun

The amended budget amount is 1 million eight hundred and forty seven thousand seven hundred dollars

With an increase of ten thousand six hundred and sixty four dollars leaving a balance of 1 million

Eight hundred and fifty eight thousand three hundred sixty four dollars

Lastly in transit the amended budget amount 1 million two hundred ninety eight

thousand ninety one dollars

With the decrease of a hundred and eighty thousand one hundred and eighteen dollars leaving a balance of 1 million

One hundred and seventeen thousand nine hundred and seventy four dollars

so in total next page

Hang on

Please so in total the amended budget amount


million five hundred and forty two thousand twenty four dollars

A decrease of a hundred and eighty nine thousand one hundred twenty one dollars

with the balance of nine million

Three hundred and fifty two thousand nine hundred three dollars

Do you want to read the next page


preparations for


The 2000 the account no

General fund the 2018 amended budgets three million four hundred and sixteen thousand fifty three dollars

With a decrease of one hundred and sixty nine thousand nine hundred and eighty seven dollars

For a balance of three million two hundred and forty six thousand sixty six dollars in the straight fund

We have sixty the amended budget at six hundred and sixty four thousand two hundred and seventy five dollars

The decrease of one hundred and fifty nine thousand forty four dollars for a balance of five hundred five

thousand two hundred thirty one dollars

Lofty, we have two hundred and seventy thousand five hundred dollars with an increase of twenty nine thousand three hundred and sixty one dollars

For bounce of two hundred and ninety nine thousand eight hundred and sixty one dollars

Under capital fund we have an amended budget of 396 thousand six hundred and fifteen dollars

An increase forty nine thousand eight hundred forty nine dollars for a balance of four hundred and forty six

thousand four hundred and sixty four dollars

That service we have a million three hundred and four thousand nine hundred and ten dollars

An increase of one hundred and thirty four thousand four hundred and eight dollars for a bounce of 1 million for thirty nine

318 in

Court animation we have six thousand dollars amended budget an increase of ten thousand nine hundred ninety five dollars

For total balances sixteen thousand nine hundred and ninety five

Under firemen's pensions. We have an amended budget of

$90,000 have an increase of thirteen thousand nine hundred fifty five dollars

For a total balance of nine for a total balance of one hundred four thousand seven hundred fifteen dollars

Under water and sewer fund

We have 1 million five hundred and fifty five thousand one hundred ninety nine dollars

An increase of two hundred and seventeen now a decrease of two hundred and seventeen thousand one hundred and ninety one

For total balance of 1 million three hundred and thirty eight thousand eight

in transit funds we have

2018 amended budget of 1 million one hundred eighty eight thousand four hundred


decrease of 93 thousand nine hundred eighty nine

For a total balance of 1 million 94 thousand four hundred and thirty dollars

for a total amended budget for 2018 of eight million eight hundred ninety two thousand seven hundred thirty one dollars a

decrease of four hundred and one thousand six hundred forty two dollars and for a

Total balance of eight million four hundred ninety one thousand eighty eight dollars

passing approved by City Council on this day


All right

And bring this up to an extraordinary discovery

No, no, I'm sorry

Pardon me. It's the appeal

Number one under new business a fill conditional use permit decision for me


Darrell Gleason

Get a motion to discuss I move to discuss forming Street


Beg pardon

No, we could not do site visit he doesn't live here and we're not allowed on private property without permission the

The appeal form that you have

There were six letters sent out. We got four back. However, only three were actually within the 200 foot which made it 50%

Okay, and I got in emails two letters and one I kind of felt it was like a

Dike or something. Do you I hate I don't have copies of them there in that block. We didn't get in either

Okay, I felt like there was another one that came in I have it. Do you have a copy of it?

Would you like to read it? Okay

Well, no, I read okay. I read it

I just I don't know

I can't tell you of the six people who the three people were that was a video, but I always in the minutes

It's in the minutes. Okay?

There's nothing critical I'll look for if you want it

do you not have the

packet that we owe you oh

Oh, here's a list of them in there. You could could I see the list please did your question there?

Or when you do know it seem like we've got

One that just kind of came oops about it. Wait that came in today or yesterday that

It seemed like it was a new one. You know, it's one of the ones that was read at that planning, okay?

Charmian she's my understanding of the ordinance itself as far as or the

rules as far as how it

Rules is how it applies to a cut being issued?

one of the one of the

criteria that the Planning Commission has to meet or has to at least

acknowledge is if


If over 20% 20% or more of the

Individuals who receive letters which we'd be those within 200 feet

Were either opposed or were four and in this case they were they were almost

twenty percent

Fifty percent opposed, right?

Wow, okay, I

Got a few things

One is was this one of the cabins that Gerald Tumbleson?

Built back when he had

Control of the lake and all that and he and he had Bob he built those as lodging

and that was part a part of his house and all that and then he sold those off individually and

And so I don't know if they had

individual permits

At a time when they can rent them out nightly or not. Maybe they did

but it's it's

Correct me if I'm wrong, but I don't believe a thing single-family lodging

Unit is is suitable for overnight lodging in?

Our what is that not correct it is not our one it's our two what is argue it is our two

At least not historic district

Distorted, it's art

How can it be in the historic district and be an art to this North differences are one

No, no Terry, it goes into our two part our two. It's in their story


that's the case and then

You know, if if it had it had a permanent at one time, is that correct?


Can put in that is

Glen booth it. We went through the file. That's there. There's no record

so I can't see whether it did it didn't but we folded it to the whole I tried to look back because that's what I

Was trying to prove was that these were built for lodging but apparently either they just never got a conditional use permit after they quit


There's no record there to tell us what's going

Okay much green

I've always said that everybody has the right in

Eureka to apply for a conditional use permit if they meet all the criteria and there's like

20 of them then they have the right to acquire it

But to me, they did not be number J

whether proposed uses in harmony with the character of the neighborhood and I feel like the neighbors decide the harmony of the

neighborhood and

I'm thinking from what I read here in the minutes that we did get actually get four letters

Opposing I got one

Yesterday I think from I think it was a DUI a diet

and it's different than here and

The other one is the opinions of the adjacent neighbor number TT

And the majority of the neighbors have said no and so I don't feel at this time. He has met that

Do I need to stay up here any longer

I'm not sure anybody else have a question for Miss heaven. Yeah, okay. Nope

Okay, go ahead and sit down

I make a motion that we follow planning's

decision on this and do not

Authorize anything against planning's wishes. I

Will second that but I'd like mr. Hankey to be able to talk

Thank You

Jared Lisa, you know

When you're making emotions and be starting to talk and everything, yeah, we're not you just help. I'm here representing. Darryl, please

Let me know win

We do anything at this point because yeah, what do they wish for you?

There's a motion

there is a message for discussion right now, and it's is the appeal so

Where we have to ask I think mr. Winners from

that mistaken counsel has to make a decision whether to

Hold the appeal or not whether to decide to deny it that

Correct you would the council making decisions would uphold

planning's decision Nelson or grant the appeal and reverse the

Okay. Mr. Thomas

Well, I just would like to say that I think it's totally inappropriate

To take a vote on approving or disapproving when that the person appealing has not even spoken yet

At least he ought to be able to prevent his sighs. I'll withdraw my second

I will try to taste an emotion. Well, this is discussion

And then you vote on it and it's alright man emotional

It's a well. This is the session when I deferred do was take back in second take back. So

I came to mr

Damon hinky here representing Gerald Leeson. Hi, Darryl

Eason came to be on a phone call and said hey, this is where I live. This is the circumstances

I'm a musician. I travel the world and I'm going to be in Eureka Springs two to three times a year

I said where's the house and having lived on Douglas?

I knew where his house was because you really have to hunt for this house to see it

It's about four yards up the hill. In fact, I want to give you

Some aprons the printer

there is

An attack they're different. I humor different with also


think that you are probably familiar with some of these the

First point that I wanted to make that you've already

Aware of his art - that was the first thing I asked Darrell

this is a are one house and I double-checked with Lynette when it's are -

That it's a little different circumstance to move forward. If it's our one I would have told him forget it

It's not something that we wanted to try

The second thing that I thought was the fact that it's not necessarily built as a family residence. I thought that that gave it some

Reason to follow up with planning in the City Council honestly, I'm with you on the neighbors situation

That's the only thing that I can say for a lot of the neighbors is those are second homes and people who aren't here full-time

Chiming in on a situation that most of the guests are going to come and go when they're not even on their property anyway

so we would have to obviously ask each one when they're here and when they're not to determine how

Impactful it is to have guests next door, but it's certainly a consideration

The the photos I just wanted to portray that this does have a dedicated driveway. You're not driving next to somebody else's house

It's not the little road that goes back like my little lake EUREKA This has a dedicated driveway to this specific house

It has a flat spot below the house. That was some of the neighbors

Were worried about the fact that people would be parking in street level

It won't be a street level situation

It's easy enough to navigate

Into that next flat spot next to the house as you can see from the bottom pictures

The house was truly tucked up there on the side of the hill. You would have to hunt for it in general yesterday

Oh, I'm just waiting for you. And I had a comment to me. Okay, gotcha. I'll run through these quickly. I

Already mentioned the dedicated driveway. We've already talked about the fact that they were built for lodging not as a family situation

They're small. There's a hot tub built in the deck. It's not something that you would necessarily put a small family in

Although I am sensitive to having population in Eureka

I wouldn't be here pitching it if I didn't think this one actually would bring in tax dollars

Rather than provide a house for a small family

The majority of the foams are second homes we touched on that

That this is high density foliage there

The neighbors aren't going to see them then to hear him and nice for the couples that stay here there

They're not going to hear the neighbors either

It's set up for two people. Again. This is not a $59 motel rental

we're talking about affluent people who likely park their car taking advantage of what downtown has to offer and

Finally daryl is only going to be here three times a year. So from an economic development standpoint

I think it's a way to get some extra tax revenue out of a particular house. That doesn't highly impact the neighbors

That is a genuine case for consideration for an appeal. Otherwise, I wouldn't have wasted my time with it

So that's that's my side of the sort. There was a great guy. If it doesn't it doesn't happen. It doesn't happen

It's just on the table. Let me out. Let Melissa ask since she we

You fit yeah

Well, I just want to point out that you know

It really doesn't matter how than the other property owners are around because the code says adjacent property owners, right? They own the property

Yeah, so they're not ever given that more than 20%

Did not want this

What what's the basis for your appeal?

The basis is that it will bring additional

Tax revenue and just because they say that they won't want it doesn't mean that it's a bad idea

For that particular homeowner or that particular house or for the city? Yeah

If you're saying I can't go against the neighbors. I don't think that's necessarily what it says there this goes

Oh, hey, I thought that would be your determination


We can go against code that we need to have

What is it 3-3 forces but sitting permission or maybe on an appeal we don't have to have that

But we don't know if these neighbors are planning on retiring there true

Some of these neighbors are there every weekend

So if they really is, okay

they're their home, and I don't think

These people I mean the two letters that I got were very respectful and very sure they were not mean-spirited

But they just do not want this in their neighborhood and they have that right? Sure

Mr. Schneider

Since it's highly inappropriate to bend ignore

Or otherwise screw around with laws and made and view of cash

I make the motion that we accept planning's decision on this

Since they're the ones who know what's going on and have the letters

voicing the disregard for

What this was asked for. I'm telling what your motion is to deny the permit because the appeal yes, I think

Okay discussion mr. MCCLUNG I just for my own

Benefit and I'm sorry. I just haven't lived here long enough, and I don't know where

R1 became r2 under thought all the historic district was r1 that as far as residential

In its way, I've always known it to be

In in r1 you cannot have

that kind of logic and

It's not what it says in the book that I want is historic residential does that know what it says I

Believe you're correct


So how if that's in the storage district Hawking of br-2?

Well, that's I mean that's what it is what it is, mr. Will trying if I'm assuming I have looked into it but that's what

Mr. Green just declare up something for Terry. I had a house on Alamo Street, which was a contributing house

It was our - it was in the historic district

Part of East Mountain that have historic homes and stuff are our - it goes out

It really does

I understand that the historic district goes out and then and that when somebody does something in that district

They have to go the HDC to get it approval because it's our one

Doesn't matter. No they have to go with it - lets you know, I guess you learned something every day

All right is my lesson for today?

Okay in further discussion

We have a motion in it

By Miss Snyder and second by mr. Green to deny the


and for the discussion

If not, all those in favor signify by saying aye

he opposed I

Proceeded, all right. Thank you

Motion was

All right

Now that gets

Tracked again

Get motion to discuss the ordinance for the animal change the law and removed second. All right

Okay last year when all this was originally going on and I still can't believe it's been this long

We had discussed at that point


that the

Number four and number five that making at ordinance versus one and what we had decided and voted on


the the

dog part about the unoccupied property would be the whole animal ordinance is



Dog park wasn't was being written under the dogs

The many pigs which are the pot-bellied pigs. That was other

Under the other pets and animals

Because it has been decided that the American mini pig is

the proper terminology

for all pot-bellied breeds versus

Your livestock type swine we went through all of this last

so rather than have these separated it's just two little

amendments to the whole animal law

Ordinance that is already in existence

Mr. Green the the reason that I wanted it separated and mickey's making a compelling argument but

we're going to if we pass this for going to sunset these pot-bellied pigs, so

Granted she's probably right they don't fit into livestock, but it doesn't really fit into

One is one is about in

Abuse of animals and this one is just going to kind of be a separate thing out there

I mean

I don't even know where we need to put the pigs at but I just don't feel that I feel they're two separate ordinances

It's nothing to stop what we did do it just for me

It's just kind of clearing up and making it a lot easier in the books

Mr. MCCLUNG I'm trying to get this carrier by hit or miss

Knight are you saying that it's

that the one is a

There's a Maxie pig in a mini pigskin

Is that what it is?

The weighs over 200 pounds. I mean you have like you have a small pet who have food

the small pet it's not food regardless of


You've already made the offer

North Little Rock's, okay they have

Their thing and they separate and this is from Little Rock. They separate hogs goats and sheep

versus the pot-bellied pigs, which

According to national wordage should be called

American mini pigs because they are not swine which is an edible

Pig and while yes, you could eat a mini pig you can also eat people that doesn't make it right

How can you qualify a 200 pound pig as a mini pig beats the heck out of me I had

150 pound Great Dane for years fact, I've had three of them it's not that

That's not that much less. All right, come on

This green

Okay, Mickey what when and and I want to clear this up, but when I was researching this

Every thing I came up with the pot-bellied pig was considered slime now

They have separated them and said the popular pig as a pet. The rest of the pigs aren't and late

I they're not. These are not many pigs. I mean, they're probably pot-bellied, but they're not many pigs

Many pigs are like this

And then you may have those not always

But that's one in volume. Please. Wait, okay

Mr. Thomas, I

just like to say that all of the discussion was

Presuming the fact that that pigs were legal right now in the city

there is a

1952 ordinance that outlawed

livestock and it said swine and spine are like

stiff hair

both with snout noses

Short little dumpy feet. I mean you can go to the dictionary agreed the definition of fly

big big in


Charlie okay. Okay, I guess

I've watched City Council meetings, and I've tried to understand why we're doing this

For pigs my understanding is correct. Is that that I did read the ordinance that Bob is talking about

they have been outlawed and so my understanding is if

this what we're trying to do is we're trying to update an ordinance to


One household because I've talked to Jimmy and apparently we've got one household in, Eureka Springs

That has two

illegal pigs swine

Whatever you want to call them. They have snouts. They look like the pig they act like a pig they smell like

We're trying to change an origins for one


in Eureka Springs

In the meantime, they're still illegal and we have not

We have not

Addressed it as a city whether or not we knew

These pigs were there

ten years ago whether or not we knew those pigs were there five years ago whether or not we

It sounds like we've known they've been here and have had these discussions for at least

What maybe up to?

Close to maybe two years year and a half and we haven't done anything to address

That they are

Illegal right now according to our ordinances, but we are now in the process of trying to change this for one


I guess my concern is that

If we're trying to change it for one household and we have done nothing there have been no finds

There's been no no

Reprimands to this particular individual even though they are illegal according to our current ordinances

Then where does that place us?

If if I decided I wanted to go ahead and get a count or my neighbor decided they wanted to go ahead and get going

What they're going to say is they're going to say these pigs have been


According to the ordinance that have been on the books and whether or not that's two years one year five years ten years

The city has allowed it. And therefore you should allow mine and

therefore because

You're either changing in ordinance or doing nothing. I have the ability to come in and say I'm

going to get myself these animals and you should treat me the same way that you've treated this individual and

if you don't

Then doesn't that open us up to a lawsuit because we've done nothing and or we're changing an ordinance for one


in Eureka Springs

those are my concerns because

we've already had issues where we had to go down to Fayetteville and we've had to cough up money because

Someone could prove that we did something wrong

now I've heard in the neighborhood of

These pigs that there was a goat a couple years ago that the city now

I don't know if this is true or not because I haven't looked it up and I haven't gone to get the information

But that the city asked for that family to get rid of the goat

Now couldn't the goat family say well you've allowed pigs and we could sue because you haven't done anything to them

But you did to me


It was a hill. So it was livestock

Those are my concerns. We have done nothing as far as I know. I've talked to Jimmy. We haven't done anything


This one household that has pigs right now


I'm not sure

You know, I mean, I guess if we had 20 percent of the of the city

the population

Wanting mini goats or having mini goats, then maybe we should address it, but we've got one

Household and we haven't done anything. We've known the fact that there have been pig

Nothing's been done


Those are my main concerns and it's not

Because I don't like pigs or I do like pigs or I want somebody's pets being taken away

It really comes down to whether or not the city can be sued because we've allowed it in an or now

We're changing it for one household and ignoring the other

1998 people in town


I'm sorry. Okay, you're done. This is wrong and using the word change. We are not changing an ordinance. We are

Updating because back when this ordinance was written there was no such thing as a pot-bellied kid

Having talked with vets all over the area. They have certified that

Pot-bellied pig is too swine as a dog is two rolls

Excuse me, all we're doing is updating

What is a new breed of animal you do not raise a pot-bellied pig to eat for dinner?

Ergo it's not livestock. It's an actual pet some are a little bit bigger than others

It depends on those we got bread with

Because of there's like half a dozen or more I forget about how many it was of various kinds of pot-bellied pigs

that's why nationwide has been said we need to refer to them as

American mini pigs because that encompasses all

pot-bellied breeds and mixtures there of

we have in this ordinance that we had submitted to be written in a

Whole list of proper care the cleaning so on and so forth

The fact that these two pigs and any at that time, it's been almost a year

Get registered with the city so we know we have them and that no more would be permitted and there is a sunset clause


2030 which is going to be right around the natural end of their lifespan in the meantime

No more would be permitted

These animals

Are a new breed it's hard to believe with everybody going extinct

But these are actually a new breed of critter just like they keep coming up with new breeds and dots

It's the same thing now because these have been allowed and there used to be a pig that lived down on Main Street

And it wandered me ended up and down Main Street all wanted this was years ago the city never did anything

pot-bellied pigs are also

Properly trained for people with disabilities like epilepsy and stuff like that

We had one of our local people

Who is temporarily living elsewhere her pot-bellied pig saved the whole family from the house burning down?

These are not just the livestock

These are a special breed and they are a special pet and if we follow what we agreed to last year

They will be the only ones in town

Until either they pass on or the family moves on whichever comes first in the meantime

No more can come and we are not changing a law. We are merely


And if you need to guess we could put this in November to a vote of the people


Barely fit they started it they eat them. Well they dogs to

Making their livestock

Most anybody will call a pig a livestock and okay, they want to write an ordinance that allows

That calls a pig a pet well, okay, how big a pig do you allow?

They get up to 400 pounds. I know that for certain I've seen them

they get big I

don't know as Susan said you've allowed these animals to

reside in the city without

That allows them to be here I don't I think we're wasting too much time

Mr. Thomas, yes. I'd like to make a motion. I move that the mayor

proceeded to inform

Appropriate officials and that they can implement

1952 ordinance which of which most city officials were unaware week until about three weeks ago

That's my motion

implemented implement the 1952 say

guy motion a second discussion

Screen, I have a question for mr. Weaver. Mr. Weaver, the the city has been complacent

With not if we're going to follow that they are livestock not enforcing it

Do these if we decided to enforce this law?

Does the owner of these pigs?

Are we going to be sued for that for allowing them to exist and then all of a sudden say nope

We're going to enforce the law

The truth of the matter is you can sue anybody for anything the question is can you win?

Okay, I guess that's the question I want

My best

Speculation is no they would not win

But it might become a protracted

lawsuit in order to have that issue decided by a judge

Not enforcing a particularly if mr

The statement that was just made that most council didn't know about it until a few weeks ago

is believed by a judge certainly a judge would not have

grounds to

Find that the city had been complacent


As far as enforcement goes just because a police officer sees five cars go by

Twelve miles over the speed limit doesn't mean he has to stop all

Cars, he can stop the first one in line. He can stop the last week in line

He could stop the one in the middle. What if he can manage to stop all of them? He can do that

But officers don't have to

equally get them all in order for any one of the five to be guilty if

They're all speeding

and so if someone is violating the law and

Possessing livestock within the city limits and

The mayor's directed

The mayor on his own either one as chief law enforcement officer for the city

Directs the police department or the Animal Control

to cite the person

They certainly can be cited

and it's not outside the realm of

the jurisdiction to do that

My starter

Eureka being what it is to avoid a citywide protest

I would highly suggest that this get put before the people to make a decision in November

Because if you sit there and actually think you're going to take away somebody's pets

just because one person gets to be up there, but you're gonna be

Pretty much surprised at the reaction of the city. I don't know how many of y'all have bothered to talk to anybody

But so far, it's been like 90% leave the pigs alone

I have in my packet letters from that whole neighborhood area

The only one who that did not respond proton was Susan

Everybody else was one of her percent for the pigs and leave them alone. And that's and that whole surrounding area

Miss Charlie

I'm not I've asked for the letters. I did ask for the letters. They're right here. No variable. There's no record of letters

my freedom

can I talk -


was never asked to write a letter I

Am in close proximity to these pigs I was never asked

according to several of the

Homeowners in that area they were not asked either so I would love to see these letters and it would

Move us to know whether or not their renters or they are actually property owners representing is a huge that makes a huge difference

Property owners, I like call the question, please miss Lou

Hey good motion to call. The question is second


Motion to call the question for going ahead and enforcing the they are loud that it on the books

all those in favor sings by saying I

Broke all sorry

This low call is about calling the question calling Chris right? I'm calling the question

Yes, bring every measure which question to bring it to a vote


Yes, yes, mr. MEYER yes miss green no

Mr. Thomas, yes. MiS SCHNIEDER no, Miss Harmon. Yes, 42. Okay motion passes

all right moshav table is to

And so you want to reread the motion


The gist of it was to have the mayor


well, I

Understood his have the mayor

And see that the laws enforced, correct? Okay. Thank you. All right. The second was

Mister McClung. All right. So motion been made in a second


Explained your question, please

I'm forcing a lot. I mean taking the pigs away. Yes

Mr. Brooks, wait a minute. What's the question we discussion or what?

Well, I think I think the motion was to call the question. The question is to bring it up to a vote

Christ that stopped all discussion. Well, I think you made a

wrong answer to mission either so well, which woman

When she said does that mean we have to remove these pigs and I think the lawyer said there surely that it doesn't mean that

Anybody has to remove anything they would expect the mayor to do

No, no, that's we're getting off tell you you read what the motion is, and we vote that's what we're supposed to be doing

The decision has already been made to vote on the question. Yes. Can we can you read their motion? So no

to see to it that the

laws enforced


Reason with that. Mr. Thomas. Yeah, okay

All right voting Miss Snyder whoa miss Harmon

To enforce the law crash

Haze of things. Mr. MCCLUNG Yes, miss green. No

Mr. Thomas, yes. Mr. Mayer. Yes, four two

Okay, you know we actually took this out of order

but I get that good brings us that eliminates the

Question about establishing an ordinance for the animal law. So we're still going to have the ordinance for the

Occupied person property do what?

It takes off


If I'm not mistaken then we get back to

Six six

Resolution to set a public hearing day for vacating alley elokim ring at Kimberley alley. Those are those guys


Okay, we have a resolution in front of us

Setting a date for public hearing for vacating its ally


At resolution set to public hearing for breaking alley between blocks 18 and 19 Ryan Armstrong survey Oh

Wrong but you are correct. That is it

Today was just one of those days

Let me keep waiting for you, thank you. Thank you for your patience

Thersites strong

May I recommend a date? Okay, July 22nd

Sequin okay, we can do that a minute here. Okay. I

Get a motion to discuss so moved

second second

Mitch my client. Okay. I'd like to make a motion that

We have been presented with a resolution

or in regards to this and

And that is the first step in getting our approval and I've looked over the application. Everything looks good

And I would like to make a motion that we

Assign the resolution a number and read it for passage regarding this vacation

July 22nd

And setting a date of July 22nd Saturday to July 22nd that movie I'll second that


We got a motion to sign this a number and read for approval and setting the date for July 22nd. Do we have any further?


Miss green yes, MS. SCHNIEDER

Yes. Mr. MEYER. Yes. Mr. MCCLUNG Yes, miss Harmon. Yes

Mr. Thomas present



resolution number will be 75 for a resolution to set a public hearing date for

consideration of vacating an alley between block 18 and block 19 and the Reilly and Armstrong survey

whereas the property owner of

all of l'a 38 and block 19 and

All of lot six and block 18 in the Reilly and Armstrong survey

Has submitted a petition to the City of Eureka Stockade and unopened alley running east and west between block


between lot 38 and block 19 and lot six and block 19 and

Whereas the signed petition was submitted to the council in regular session

on June 24th

2019 along with a copy of the plat showing the streets and adjoining Lots and

Whereas arkansas code a CA 14 301 302 C

provides that the City Council shall by resolution

Fix a day for the hearing of the petition filed to vacate the street or alley ham

whereas the law further directs the city clerk to give notice of the meaning by

Publication once per week for two consecutive weeks in some newspaper

published in Carroll County

Arkansas and having general circulation in the city

Now therefore be it resolved by the City Council of the city of Eureka Springs

Arkansas that the petition to vacate the above described alley is set for hearing on July 22nd 2019 at

6 p.m. In the auditorium lobby of Eureka Springs

Arkansas and the city clerk shall give notice of this meeting by publication as set forth by ACF code

arkansas code ACA 14

3:01 3:02 see

Thank you

Get a motion to discuss resolution for bids on city property so move

Okay, I

Have a resolution for that

We have one set up yet

That we have this is yeah I think is what we see is number seven

Is it no that's we're going to talk ignores


Yeah, we don't have a bit there is

No, no, no. No. All right. I guess we do not have resolution on this now. This is a next. Mr

MAYOR CAN I make a motion that we postpone that for next meeting since we don't have the resolution we do have the resolution is no

No, you're right. Okay, did we do? All right. Yes. Yes. It's number seven in your package number seven

yes resolution approving disposal of surplus city property through option

Get a motion to discuss discuss give secretary, whatever I just -

Does everybody have a copy of it in their


There's a regulation proposed a purpose city parking pre-auction

my my

Okay, I move that we said oh yeah that work studying a revolution

Well, we need it's a emotion assigning a number and reading for passage mr. Thomas

I waste afraid I move that we assign a number to the resolution and read it for passage

Can get a second Joe second. I got a motion a second new further discussion

We're all discombobulated to it. That's okay. We're pulling it together

Okay, I'm gonna need that back please the resolute the vote here we go

Mr. Thomas, yes

Mr. MCCLUNG. Yes miss Schneider. Yes, miss Greene. Yes, miss Harmon. Yes pick. Mr. Mayer. Yep


hallelujah, the

resolution number is

75 will be 755 a resolution approving disposal of surplus property through auction

Whereas the City Council recognizes the importance of accounting for capital items

disposed of through means of auction and

cameras adherence to previously established fixed asset policy disposal of assets

Which determines that city assets quote shall not be sold without competitive bidding if the amount exceeds


End quote and that's from ordinance number 16


passed in

1995 now therefore be resolved by the City Council, Eureka Springs, Arkansas

That the City Council shall accept monies realized through the auction of 25 North Street in Eureka Springs, Arkansas

The auction of this property shall be by sealed bid the bid opening to be held on Friday, July

1920 19 at 11:00 a.m. In City Hall in Eureka Springs

the city specifically reserves the right to reject any

and/or all bids as allowed by the Arkansas State

Go-time number, okay

Damon four five seven five five


All right, next item is the destruction of officer you like records

madam, Clerk, I think this is

Yes in your packet, we have not done this for several years, so we have quite a build of

Obsolete records some have to be held for four years some epic to be held for seven

at this point where we have the money to do it and we're up to 107 boxes and

I'm sure Public Works would love to have their basement back

Get a motion to discuss

Oh second, all right any any further

Comments questions, mr. MacLeod I make a motion that we approve

The request for destruction of records. I'll second that



All those in favor of

destruction of public records as required

Signify by saying aye aye aye

any opposed

And so moved. Thank you

Our next item is we got two ordinances here

regarding food trucks

the first ordinance is

One that's clarifying the use of the food trucks for special events when we wrote the ordinance we

Didn't have an item in there about special events and how they can be operated and then put this up the ordinances

Because things were a bit

Discombobulated when the packets were being put together

you have a

Proposed resolution and there are stars out to the side. It says number two, but it's really part of 10

Sorry for the confusion

The only one that has asterisks

Thank you

all right, so if I can get a motion to discuss the ordinance amending title for each

big trucks


I'm gonna ask Kim if SHE COULD COME UP because she got hit with this

I'm Kim, would you explain how this came about what what we were doing?

Something about the special events one. Yes, especially okay, so it's not the one with the azure because it's this one

the other part of ten


The most part or item number ten. But yeah, this is the one with special events, sir

Okay, Kim striker city staff and

The food truck ordinance

That's in your hands

came about because of

the zombie crawl last year and

The current lottery property that's downtown that has a food truck Donal is

Travis Holloway's parking lot right across Mountain Street from Chelsea's and




Ordinance the food truck lottery ordinance reads that it will be one food truck

per lottery property and there are four lottery properties in Eureka Springs and

So last year's zombie crawl

Proved that we could handle 10,000 people at rough count downtown, but we sure couldn't feed them

The restaurants were run over they ran out of food and

the perfect solution is to be able to

Have a food court

food truck court and so the


manifested into the now proposed ordinance in front of you


Pardon me? There's one other


in the special event

Food truck special event ordinance and that is to allow food trucks on city property

During special events

So you're doing two things with this ordinance?

you are

Expanding to be able to allow multiple food trucks during a city approved special event. You're


the proposal is to allow multiple food trucks on a lottery property and

The second modification is to allow

Food trucks on city property during special events only

Questions for me one

Which starter

Do any of these include Health Department approval of the trucks? Oh

They're all well not having my books. Okay. Thank you

Mr. Thomas, I'm just wondering when they a bit

Application whatever is filed. Would they specify a number of food trucks or is that unlimited?

the Senate's on here says

no limitations, I

Believe that the ordinance reads and mr

Weaver will correct me if I'm misstating this

I believe that the ordinance reads that it will state on the special event permit itself the number and location

Of the food trucks that you are proposing as the event

Promoter. Okay now listen on the application

I'd like to see what a list of the events are. I mean what qualifies?

as an event other

Are there are certain

Requirements or you know, I mean, there's got to be something

You know is that every day for made Fine Arts or you know, what what is an event

I need more information

A special event at City event. It's something that's sponsored by the city and gets a city permit

The zombie crawl is one at Oktoberfest now

Yeah every parade


So the special event permit if I may the special event permit


Probably six or seven different elements

It can be a parade that the elements within the special event permit include parade


City sanitation enhanced sanitation more, you know bathrooms trash cans

Use of public property at the park

So a special event

The ones that have come forward at this point that are interested in

Like a food court kind of situation would be a zombie Carlos

I already mentioned and there's another event that is also interested and that is a witches crawl and that's also in October

and both of those have expressed interest in keeping people downtown and being able to

handle crowds through food courts

Mr. Green what and correct me if I'm wrong

Isn't a special event from being on planning. We always looked at it as it is open to the public

meaning like a zombie crawl or

If you were going to have a benefit to raise money for somebody that could be a special event

But it would be open to everybody

That was that I think in our definitions that that may be what definition planning used

But that's not the definition that the city is using to permit a special event. The city uses the

Special event permit

For exactly the elements that I talked about earlier

Parade if it's a standalone parade for instance

Saint Patrick's Day parade

we had a truck that set up and

The question was well, this is a special event the permit that was

Pulled for that was a parade permit. Standalone great permit. Nowhere. Does it say anything about food trucks or anything else?

So and

So I'm kind of like mr. McCulloch. I I would like to know what the special events are

I mean, I think this is great. I would love to see these food trucks there

Charmian I just have a real quick question one of the things Kim that you mentioned was that

There would we would allow during special events additional food trucks on the lottery

Places is different. Is there anything in that original agreement that?

That property owner or that current food truck

Could fight the city on allowing additional trucks on that particular place I

Don't know with the I don't know look I don't know what it the paperwork looked like originally so

Do they have any right to to not allow I'll concede that and I'm strong

Is it far better X but the general spirit is the more the merrier

among food truck operators

People are more apt to stop in their opinion in their feedback with me and working with them

if there are more it's more and the second thing is

there are only going to be

Many in any given location as the building inspector

Confirms there's adequate space for all the components

Adequate ingress and egress so there cannot be an unlimited number

Because there are very specific

Parameters for each property if I'm asking is in that original agreement

That was made with those particular people who won that lottery

Is there any do they have any rights to?

Say fight having another truck come in

Regardless of whether or not you know, in in the spirit of food trucks they all think it's great. Do they have any rights?

Be it that they receive that lottery in the original stipulation. Is that there would only be one

one at that location

And I guess this is for Tim then Mad River

City couldn't tell them that they can put another truck there

The owner of the property is the only one that can allow the other truck there

Okay, so because it is still private property


so they have to go through the owner and the product of the property owner will have to

make the arrangements if they don't own the food truck and is already there to

Make sure that they're ok with their tenant

So they can deny but I've denial would come

From that from the property owner not from the city forcing the property owner. Perfect allow

They set up now the city by this ordinance can let them operate on city property

if they can't get

The lottery properties in the area to allow. Okay. Thank you

Mr. Meyer, so this little different I don't know what they had

At Pine Mountain during

This is this is the different type of aged man

Per man, okay. This is mr. McCLUNG

What about licensing

You know, what's what's the process for that?

Is a parade is is the length of the event only as long as the parade if it's if it's a parade

I mean, I don't

because they can only you know, it's for the

length of the event

What what constitutes beginning and in?

its you know, that's just

Pretty vague. I'm not sure that I'm on board. I'm not on board with it at all as it is

I'm a starter. What's the difference between city approved and city sponsored?

Because I missed the city-sponsored are the events that would be a special events, but this doesn't prove I

Could wouldn't that be anything that you got a permit for?

City approved is anything that has a permit? Okay that has a list of approvals

So what we're saying is food trucks at any event that has a permit as opposed to the handful of

Special ones that are sponsored by the city, correct? Okay. That's my understanding

Nurse if it's an event we can feed them

Twice yeah, so that means like a three-day festival

Can rent the parking lot here next to the courthouse and put as many on there as they wanted

Better that would that would fit according to?

Some kind of scheme. I

Guess the only one time think about it you're thinking about something like some folks vegetable Pulliam Folk Festival. You've got the bicycle events that

That that under here town the day

Well that would come up on public property but also be available for private property more so

There's nothing that says there go to private first or ran from the therming

They're going to come to the city said I want to be right in the middle of it

I want to rent from you and that gives us the opportunity to say no, although I'm seeing I

Mean that sensor we can just eliminate city property as far as that goes and make it private property

This is something we're throwing out there because this has come up

Because of the need I mean this is one, you know, I'm one real favor of this food trucks

But when we have so many people in town, and there's not enough places to eat. This is a perfect example of

This happened. So what we're trying to do here is talk out how this can work

I'm not sure I

would go along with

Vacating the parking spaces for three days. We catch enough grief from that from the merchants that I wouldn't be be willing to do that

But if it's private property it's private property

Harmon well, I know we're talking about all the events that we have right now

But this would apply to anything that would come up in the future whether or not we do

You know two events that are similar to the zombie crawl. I mean it would apply

I do know what Terry is talking about though, as far as the parades go, you know

Maybe there is a time limit. Maybe it's you know an hour after on either an hour before an hour after

I mean what this is about just talk about out of debt Alan the midget Thomas. I'm sorry

Yeah, I just have a question

If you're not wanting to give up parking spot we're clear is the city's property that they could use

It could wouldn't it wouldn't be shitty property. It's just be private. Well, um, well, I mean this is I just take city property. Hello

That's easy solution to that

MS. HARMON unless

Well, I was gonna say unless the area was blocked off. I mean you could block off a

Specific area like a street or something like that, right?

I mean you can block off Spring Street at the top and you'd lose the parking anyway

So therefore you could still have the food trucks there on that street. I


this is something and maybe maybe what we need to do is think about

What y'all liked? It would would something I'll be willing to work under a workshop on this. Yes

Well, we do that I move that we

In fact we can do that on both of these

I mean, I we I can discuss this next one we can talk about it

But we can put both them up on her workshop. So

Yes, my screen. I move that we

Delegate a time for a workshop on these two ordinates. That's okay. We'll get that taken care of we can do that. Okay

let's take our

Get motion to get a second


Miss SCHNIEDER a second any further discussion? Mr. MCCLUNG Yeah

I don't know that we want to tag that other one on to here yet

Because that I think it needs some discussion on its own first

It may not it may just be moved anyway, okay

Let's go ahead and get this one at least that's the ordinance here. Let's talk about this put this onto a workshop

any further discussion no all those in favor of putting the

Food trucks at special events and a workshop signify by saying aye

any opposed


This other item and it may be moved. I don't know but it came up with we've been having some issues with our food truck


Making the food trucks permanent and then it comes up. They don't win the lottery

And we have a issue where they've got to do something. We have another


Situation coming up with the same thing on Main Street


He's wanting to put up

More or less of permanence

Put up a situation where a permanent deck around the food truck in other words when he doesn't win the lottery again

He's going to come up and talk about why

he's invested all this money and

He should be able to have it since he's invested this permanent deck this ordinance says basically

The truck needs to be movable and I think we can work with that someone and also that there's no permanent

Structures to be constructed on the side you guys have decks

I mean not you can always have tables and chairs without a problem, but when people are putting up decks

and stuff they tend to get permanent and

This is just addressing that area trying to keep these food trucks from being a permanent situation

Mr. Thomas, the the one that is

building a permanent


I mean that he was told he could do that if he met all that's true, I think

the people should know that the

Permit is temporary. You know, you're just making more and more movies. They are

But I'm tell you right now this one person's going to do it and he's going to come back

I mean and we couldn't we could do for him, but that just specifies no permanent structures. Mr. Mr. Thomas

That's all that is. I mean we can tell people that it just says no permanent structures. Mr. MCCLUNG well,

Yeah, like the fellow up on

it next to the

rear office the property that he owns and he's and he's doing that and he's

You know, he has city approval to do that. He owns it. He operates it

So it's his and

He's got permission for whatever it is exactly I'm not seeing the drawings but but what he's what he's doing and that's fine

The the

The unit itself has to be a movable

Unit, you know, you're not pulling the axles off of it

You got to be able to hook a vehicle onto it and pull it out without

too much difficulty

Now that also in in behalf of the fellow up there



Positions that were all during the lottery in his area have not done anything

so I mean he's still

Perfectly perfectly within his rights to operate because he was the next in line and the only other one that was there

So and then is going to check to make sure that I might on that but I'm just pretty darn confident that I am

So, I'm not really sure I

Understand what this is about because you can clean underneath it. I

Mean his you know, it's on the axles

You can take a hose and wash out underneath it or whatever you need to do and make it speaking Spanish

That's what I'm not sure what that concern is. I mean that they all have to be movable because they're just a trailer

No, I don't they're not well I'm Oklahoma comes to track the tape and it kept pretty permanent times

It has to be movable, I mean these things have to mean I understand I understand they're

Interesting because they may not be there next year

Miss charming, I guess maybe the question is what is our definition for food trucks?


Right because in in the definition for them

It should stipulate that they're movable. They have to be able to treat those it does so there

Okay, so if that's what the ordinance is on then if that's the definition of that of that

Item, do we really need an additional ordinance? Because the ordinance I'm saying, I'm still concerned

I'm not as much concerned about the moveable as I am the permanent structures the decks and stuff. Oh


Okay, so I granted as mr. Thomas said we wouldn't come back and tell us it stuff you've invested the money

You knew it was firming her temporary

So maybe maybe in this particular ordinance in that sentence that Terry said that in order to allow cleaning in the vicinity?

Tractor-trailer Western moved at least 10 feet every 30 days. Maybe you don't really need it. You need just there's no permanent structures

are difficult

End to agree with that without a problem. So yeah

If you want to add this to the part, I don't mean to interrupt I'm done

Yeah, you want to add this to the discussion? I'd say workshop that yeah, that's fine

Trying to iron these things out, but that's it

Is it just coming up with some issues that have come up with the food truck ordinance?

Mr. Talman, I just want to point out that in order to build a deck

You have to go to planning to get your plan approved

and also with regards to the

existing permits that are given out the food truck ordinance has a date says if they're not operating about that date you

Pull her I'm calling the question

The board decides we're going to do a workshop, this is ridiculous

We are this what should be adding this to the workshop

And bring this up to

The grand resolution for a fire station number three

Get a motion to discuss


second we've had an opportunity and discovered that the

real development community facility program has a

Grant that's up to fifty thousand dollars and we

Felt that this would be a good Pro prefer taking the fire station across the street

To develop it

Back into a community area community center for the city. So that's what this is offering

Allowing us to apply for the grant

With a matching of sixteen thousand dollars for a total match

total project amount of sixty six thousand dollars six hundred and sixty six dollars

So fun get emotions to discuss motion to discuss

I'm sorry, I should

Alright miss gray so the auditorium basements off the table

Not not sure. No that's still on the table

This is just an additional grant that's allowing that to be cleaned up over there

Mr. Thomas

This says that if awarded used the community facility grant to

rehabilitate space for the purpose of moving all city meetings to a fully accessible facility

I would not be able to vote for this because it would

overriding the previous vote of council

Which says that council meetings will be moving into the gym and I don't care. We can't just ignore that vote

This is the grant tonight

Yeah the grant I did get notice that the grant was denied for the auditorium

But that doesn't mean that we're having we're not going to be able to still do it. So you understand your point. Mr. Thomas

Any other comments

Mr. MCCLUNG you say that you received notice that the grant was turned down for the yes or no yesterday I

believe that the grant was denied for the auditorium and

I'm sorry, for some reason. I cannot find this resolution

Number 11

Number eleven in your packet Terry miss SHARMON What was the what was the

Grant, what was the total on the grandpa daughter? I?

Want to say was 107 thousands of dollars

125 or that's matching a third of that

Now the total project with 166 thousand

I don't know something like that. Mr. Schneider is this is this time-sensitive?

this resolution

Or one pending or something. I

Think I'm not sure what time it is time sensitive in news. We've got to have this application in

Okay, so we have definitely not gotten the grant for down serious. We did not get the grant for down

So we only find a rich person or we look elsewhere. Well staying here find the money within our city budget. That's correct

So we don't know if we'll get this or not. So lease if we okay it will have something for encases

Well, that's possible. All right. Mr. Thomas

If you have a hundred and sixty thousand predicted calls for the Jim we've already set aside

$50,000 in this year's budget, and we're going to be selling the North Street property

So I think it's still very fees. Plus if you look at our 2018 budget cleanup resolution we went

We did much better than we had anticipated. So there is extra money there. But the question I have is for mr. Weaver

With regards to the second paragraph can we actually vote?

To do something that overrides a previous vote of a cap City Council

You can certainly change any resolution by a new resolution

this one doesn't necessarily have language in it that

allows it to

supersede automatically

but that language could be added to it or

you could remove the

wording about the meeting

You can remove the word all

In other words we could say to rehabilitate

Rehabilitate the space for the purpose of city meetings in an accessible Church

Yeah, and they would not take away anything that the council has already done

That's great

If we were to apply for this grant

We get it and then we say now we really want to do the auditorium. What happens to this grant?

Do we just give it back or?

No, which don't do the grant I mean if we get we get it accepted we can still do that and we can still do

The auditorium. Okay, okay

Okay. Thank you

Cities very rarely have space that they can't find a use for okay, that's true. That is true. Mr. Thomas. I

You know, I

Would agree with that, you know

You can always use more space that I'm very concerned that this is just an attempt not to move to the gym

because obviously we you know

We've been waiting for you for a year and a half now and nothing not a nail who's been driven nothing

Quiet and as I understand that this grant could be used to restore the firehouse as a historical firehouse

Which would then become a tourist attraction?

right across the street from the city hall and the auditorium I

Think it would be in fact

I'm going to move that we say where is the City of Eureka Springs would if it warded the community facility to grant?

rehabilitate the space as a historical fire station and

Make it open to the public

What if we end up needing it

We end up needing it

What if we end up what if we make that a public space and we end up needing another public place?

He said we could always change. Alright, great, please, please. Okay, there's a motion. Is there a second?

Motion to change the wording from rehabilitate to space for the purpose of moving our city meetings to

for the purpose of


restoring historic fire stations that correct about

There now hearing a second measurement

Mr. Chairman

I just have a question about the 50,000 that we allocated originally was that specifically for the auditorium or did we allocate it for?

Purposes of whatever I thought it was specifically for the auditorium

They tried the auditorium so we wouldn't be able to use it in this case

We can find another 16,000 somewhere else

Mr. More time, okay


In my mind the fact that we were turned down for the grant for her for here in the basement

Kind of makes that vote moot anyway

Because it was everything we were doing was basically

predicated on the fact that we would get that grant and that would that would be a big part of

The money to to do everything

You know, I I want to get someplace different than here, I just don't think this is very conducive

I hate to see the fire department lose that space down there for trucks

Because they're convenient

For fires of the that happened down here. They you know, that's it's

It's a lot easier to start out with something right here than it is from up on the hill if if you need something downtown


We can get that grant

We can sell the house on North Street

Will have Morton of money to do what it would take to get that into shape

but I don't think because I don't think 60 grand will probably do it the way we have to do it because of

Guidelines and restrictions for government, you know a $30,000 car

Project will cost us 150 just the way it works

So I

Mean I hate to give it up, but that seems like that's whatever one wants to do

Mr. Meyer

Actually, we're still planning on using can still keep a fire across their oil

We still keep wings still keep the fire truck in there. That's just developing one Bay

It's it's cleaning the whole whole station up but it's just making one Bay and still pull the one out during meetings

There's only one truck in there now. Okay, but then but but for most meetings you'd pull it out we can yeah


if an if we need it acknowledged before that and the

Fire chief has talked about that the fire pit and that's kind of problems. Do they have?

Mr. Green well, this is the resolution

authorizing the mayor of Eureka Springs to apply for an

Important accept a grant from the USDA Rural Development. It doesn't say we have to move over there

Mr. Mayor so that we could use this for something, you know that we could use the building for something else

so I say let's just go ahead and apply for it and

See what happens and then we can make some decisions

How much

just the two clarifications in terms of the cost for a renovation of the gym cause this


50,000 Buzard have been allocated had we got the grant we would have had to come up with

$40,000 because we would have had to match a third of the grant so we would have been paying

$90,000 already of the hundred and sixty thousand dollars still north street and you know, I mean if the bids come in at less than

$60,000 for North Street. I'm gonna vote not to accept them


So I anticipate that we would have

more than enough money from Nora straight to cover the gym renovation and and the second Tara fication is

the vote to move downstairs to the gym was taken a long time before the


Came about knowledge of the grant came about it wasn't what wasn't a part of that vote


Since the city attorney said we can always change this resolution at any point as needed

I make a motion

We give the resolution or number and we needed for passage and do with it as it calls for at the time

Okay further discussion


Miss green. Yes. Mr. Thomas. No

Miss Schneider. Yes


Miss Harmon

No.33 I vote yes

Four three

Resolution number will be seven five six a

Resolution authorizing the mayor of Eureka Springs to apply for and if a worded accepted grant from USDA Rural Development

Whereas the City Council has determined that the city of Eureka Springs meets eligibility

requirements necessary to apply for a grant under the USDA Rural Development Community Facility program and

Whereas the city of Eureka Springs would have awarded

Use the community facility grant to rehabilitate space for the purpose of moving all city meetings to a fully accessible


Whereas the City Council recognizes

The need for appropriate and accessible meeting facilities

Concurs with this projects importance and supports the mayor of Eureka Springs and the effort to proceed with the same

Be it resolved by the City Council of the city of Eureka Springs

Arkansas that the mayor is hereby authorized to submit an application a formal request

to the USDA rural services community facility grant program

for purposes of securing grant funds and the maximum amount of

$50,000 to aid and assist the city of Eureka Springs this

7525 grant is the maximum

City of Eureka Springs matching


$66 for a project

Maximum total of sixty six thousand six hundred and sixty six dollars, the mayor's further authorized to administer

the grant funds for the same project if awarded

Where I have a question, yes, sir post

Reading of that would something I'm trying with it, but it doesn't define a location

So why couldn't it be used it in the basement too


It's four fire stations, yep

Visit yeah, this looks typically for fire station gap

Yeah, this is a real development

Yeah under the fire stations. Yeah

Well, that's I mean it didn't define that in there. So

That's where that's part of the ground. I'll throw that out there. Okay?

All right

Gender setting

The screen I would like to put a discussion that transient

Transients in town on a separate

Mitch Schneider, I'd like to add an amendment discussion to the new fireworks ordinance

I'll suck up that

Mr. Thomas, yes, I have to

Consideration of an entertainment district in Eureka Springs and

Then also set a date for the mid-year budget review

I'll search at that first one. I'll pick up the second one Hood

both important

Mr. Harmon that was I was gonna do the same one Bob did okay anybody else?

All right city councilor comments mr. Thomas yes, I have to I

I just would like to point out that

You know now that we have discussed

Do now that the City Council has voted to move to the gym

And now that obviously it looks like the city is in a financial position to make the necessary changes to make that

area accessible

if you if you

Don't make the gym accessible. You're probably going to have some ad a complaint because you're having activities down there that are not accessible

I'm not going to tell you they're going to get one tomorrow

Because we've been planning to make it accessible and nobody send the complaint when you're planning to do it

but once you say we're not going to do it you're going to have a complaint and

Kim and I went to the planning workshop and the lawyer there showed us on this big screen up on the front

pages and pages and pages of a DA

complaints that have been settled by cities out of court because as the lawyer said

you're at a real disadvantage if you go into court with a disabled person and

You're telling them that they are not going to allow them into your facility

So we voted to move there. We have the money to move there and there's no reason that we shouldn't

That was my first one

Got a second

Okay, so Friday June 28 will be the 50th anniversary of the Stonewall uprising

For most members of the LBGT community and its supporters

Stonewall is remembered as the date and the place that the movement for equality began

the Stonewall uprising showed LGBT people around the world that not only do they have intrinsic worthiness and value as

individual but also

That the L and the B and the G and the T could rise up together as a single

Community a community with numbers the determination and the strength to simply say no more

so with no planned activities and with no pollination I ask that everyone in the

LBGT community and everyone who supports that community

Pause for a moment on Friday to remember the courage of the people at the Stonewall uprising

And to reflect on the legacy of Stonewall that endures even today. Thank you

The Scream well read Bob on that

Well, first of all

The reason that I voted for the last grant resolution is that the auditorium is still on the table?

And I personally would like to move into the odd for the reasons that everybody's brought up but other reasons

The other thing is I voted no on this pig ordinance

and and the reason that I did was I am a firm believer that our ordinances need to be enforced and this was one that

wasn't and

During that time these people got more

Invested in their pets and in good conscience. I just cannot think somebody's pence away from and

even though I believe in following the law they just I've had long nights thinking about this and I just

England conscience could not vote for that

Kind of gladinet case back Miss SCHNIEDER

First I'd like to ask both newspapers if at all possible

to please do a separate article in regards to

the alderman who voted to remove her pets and make it a very in-depth article about how

Four people have determined that because it's not the kind of pet they want or they have or they prefer

They feel very free in

Removing the pets from this lady right here

these thoughts

These pets have done nothing to anybody

Absolutely zero we had every base covered

We had rules guidelines cleanliness the whole nine yards

We had it all rather than let these two because they are a new breed

We are not changing a law for one family. We are updating laws, which is what you do

because of that

This lady is going to have to lose her pets and these pigs are her pets. They are her babies

They snuggle with her she snuggles with them. I have had one of them lay across my lap

I have taken my dog and

They have gotten along just fine. These are pets. These are not dinner Terry. These are not swine

These are pets and y'all better remember that the next time you have a cat dog bird

Turtle, I don't care what it is

Think about that real hard and heavy think about your own kids

If someone said I don't like your kind of kids get rid of them

Good luck, and you are going to have a huge protest

If you don't have the nerve to put this to a vote to the people

You best better be prepared for the fallout you're going to get because I'm telling you now the number in this town

that are for leaving these pets alone is

Huge and having run the elections for 22 years. You better believe I can call an election

I've never missed one yet

Keep that in mind if you guys want to keep your jobs keep your position keep your residency

You keep that in mind. That's her babies. And you're saying I don't like your kind of babies screw EM

That's what you're doing. You try to enforce this watch and I guarantee your asses out you have

This for McClung good to be here

We have coming up in four events we have


Crossfire car parade 3 p.m. Starting at into the Ozarks and going around the upper loop on


Drumming in the park from 6 to 8 in the basin Park and on the 4th of July

We have the FORTH OF July parade starting at 10 o'clock in the morning

Starting at library and going on down to the courthouse

Then we have the crowning and mr

firecracker and Miss fourth of July

Water seed spitting contest hot dog eating contest and an apple pie contest

a lot of different activities on foot July in and around Basin Park

Area and on the 6th of July we have music in the park with crusade and the big hog band from 5:00 to 7:00

Basin Park, and then also on the 6th of July, we'll have to save fireworks send down at marble flats and that's it

if I get a motion to adjourn for loop

I'm favor


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