ES Council denies permit for telecommunication tower in town

EUREKA SPRINGS -- This week's City Council's meeting was dominated by consideration of a conditional use permit (CUP) for a proposed telecommunication tower at 5 Judah St.

Council upheld the Planning Commission's earlier denial of the CUP on Monday evening, after the majority of public comment expressed opposition due to adequate cell phone service already received, potential domination of the neighborhood and historic district by the tower, and questionable allowance of the tower's construction due to zoning.

Jeff Feldman of the Greater Eureka Springs Chamber of Commerce acknowledged that no one likes cell towers, electric lines, water meters and other features of infrastructure, but stressed that if the city wants to attract "green industry," it has to have its own infrastructure, including band width for communication purposes.

Resident opposition

Raven Hill said the communications tower would not only alter the ambiance of the Judah St. neighborhood, but would also have a financial impact. She added zoning is supposed to allow construction of storage buildings, and called upon the council to preserve the neighborhood.

Janet Van Felt, who has resided on Judah for 15 years, called for the tower to not be constructed in either a residential area nor within the historic district.

Beau Satori maintained the location at First National Bank of Berryville is higher than at Judah St.

Mark Clark said there were towers "all around," and asked if AT&T would not use them since it owns them. Saying the suggestion stinks, Clark compared the situation to the legendary Trojan Horse.

Improved coverage touted

Dave Reynolds of Smith Two-Way Radio in Fayetteville, displayed several colored topographic-styled maps showing the present cell phone coverage, the impact of using the proposed tower and existing towers on the north end of town, on Tower Road, and behind Bank of Berryville on Ark. Hwy. 23 South.

The relief map showed a marked improvement in communication service using the proposed tower, as compared to the other locations, due to variations in the rough terrain.

On another matter, City Clerk Mary Jean Sell reported for the hospital commission regarding efforts to purchase property for a new hospital on Passion Play Road.

The matter is clouded by failures on the part of both the city and the owner, and the deadline for commitment is Oct. 1. A lawsuit is possible which could cost more than $20,000 in legal fees.

Other business

In other business, the council:

* Read the second reading of Ordinance 2108 setting real and personal property millage for 2010;

* Renewed group tour franchises for Sandra Torchia and Joe Gunnells;

* Raised City Clerk Mary Jean Sell's salary from $28,000 to $30,500;

* Heard the first reading of an ammendment to municipal code regarding business agents;

* Deferred action to its next meeting regarding a resolution giving council responsibility for operations of the City Auditorium; and

* Heard a report regarding trees on city rights of way requiring removal and pruning as a result of last winter's ice storm.

Agenda items regarding sidewalks and municipal code as it relates to fire dances were left undetermined.