CLOSED CAPTIONING HAS BEEN EDITED TO IMPROVE ACCURACY
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
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS
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
Yes
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
Okay
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
Also
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
Well
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
I
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
Okay
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
SO MOVED
Okay
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
EJ SMOLY
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
812
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
Discuss
to discuss second gang motion and discussion comments
Okay
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
Okay
Oh
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
6oh
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
Forty
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
nine
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
Sure
preparations for
2018
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
$19
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
2019
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
Street
Darrell Gleason
Get a motion to discuss I move to discuss forming Street
MS. SCHNIEDER
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
20%
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
Okay
that's the case and then
You know, if if it had it had a permanent at one time, is that correct?
I
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
initially
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
I
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
Screen
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
Yeah
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
appeal
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
Separating
that the
Number four and number five that making at ordinance versus one and what we had decided and voted on
was
the the
dog part about the unoccupied property would be the whole animal ordinance is
animals
the
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
whirling
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
1952
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
Allow
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
household
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
household
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
illegal
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
household
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
Again
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
about
This one household that has pigs right now
so
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
so
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
so
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
of
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
updating
And if you need to guess we could put this in November to a vote of the people
Mr. MEYER
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
And
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 -
I
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
Okay
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
Mr. McCLUNG
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
Please
The gist of it was to have the mayor
Unfortunately
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
LETS HAVE A ROLL CALL
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
Okay
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
so
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
second
Okay, we have a resolution in front of us
Setting a date for public hearing for vacating its ally
Having
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
Okay
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?
discussion
Miss green yes, MS. SCHNIEDER
Yes. Mr. MEYER. Yes. Mr. MCCLUNG Yes, miss Harmon. Yes
Mr. Thomas present
6-0
The
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
party
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
Oh
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
packet
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
6-0
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
$5,000
End quote and that's from ordinance number 16
39
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
Okay
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
Okay
Discussion
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
Okay
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
Yeah
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
currently
the
lottery
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
idea
manifested into the now proposed ordinance in front of you
additionally
Pardon me? There's one other
modification
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
allowing
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
know
So the special event permit if I may the special event permit
includes
Probably six or seven different elements
It can be a parade that the elements within the special event permit include parade
banner
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
Okay
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
guess
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
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
Okay
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
people
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
potential
Situation coming up with the same thing on Main Street
and
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
fight
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
The
Two
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?
trailers
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
man
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
some
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
making
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
So
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
The
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
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
$160,000
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
anyway
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
grant
Came about knowledge of the grant came about it wasn't what wasn't a part of that vote
MS.SCHNIEDER
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
Mr. MEYER
Miss green. Yes. Mr. Thomas. No
Miss Schneider. Yes
Mr. MCCLUNG 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
facility
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
16600
$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
Oh
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
16.7
Crossfire car parade 3 p.m. Starting at into the Ozarks and going around the upper loop on
29
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
Mother
![English Lessons with Adam - Learn English [engVid]](https://yt3.ggpht.com/a/AGF-l7_hx3V0KucDzrQmi3J5qr7f6bI-X985V3fO4A=s88-c-k-c0xffffffff-no-rj-mo "English Lessons with Adam - Learn English [engVid]"){kind=small}
