Eureka Springs City Council convened a workshop Monday evening, Oct. 17, to discuss alderman Kristi Kendrick’s suggestion that council rescind Ordinance 1628, amended, and craft a new ordinance in which green space would be returned to the city, and the Parks Commission would have jurisdiction over existing and planned trails. She also intends to streamline the vacation process without losing checks and balances and make sure the city gets repaid for its time and fair market value for property it vacates.
Kendrick told council at its Sept. 12 meeting she had been concerned with the process related to vacations, calling them time-consuming and a money drain for the city. According to her presentation, “The area within which the streets and alleys are owned by the city is less than one-half of the city.” Her presentation included a map of the area owned by the city.
Regarding platted streets not owned by the city but within city limits, Kendrick contends the city has only an easement over those streets for street purposes. “Trails or pedestrian traffic would be a legitimate ‘street purpose,’” she said.
Alderman Terry McClung agreed green space should be returned to the city, but saw several issues involved and advised council take on one issue at a time. He said he had advocated for a similar plan ten years ago, and wanted the city to take back the green space and determine what each area would be suitable for, identifying spots for building or possible trails. McClung said if a right-of-way “was not good for anything,” the city should divest itself of it. “If they are not suitable for our use, we can collect taxes on them,” he said.
Justin Huss, director of Parks, agreed the vacation process needs attention, but after a point his view differs from Kendrick’s in that “Parks is in the forever business.” He urged the group to think long-term. “We are dealing with things in the city now because we did not think long-term in the past.” He urged the city to make clear its green space policy.
He added that if the city intends to take back green space, it should budget $8000 for tree work in some of those areas.
Mayor Butch Berry commented the Land Bank had looked at properties to determine their values, but he admitted, “It scares me to death to vacate property.” He pointed to a property in town being developed now that was undervalued in the past and never considered useful.
Huss mentioned there is more to green space than whether or not a building can go there. There are also drainage and land use considerations.
Citizen Rachel Brix pointed out green space needs to be more clearly defined by the city, but properties under discussion were streets and alleys, which precipitated a discussion of distinguishing between the two.
Kendrick returned to her original topic, and pointed out it takes 60 days for a vacation request to reach council table. She suggested eliminating two of the three public meetings that recent applicants have been held to. “I’m just trying to change the process, to make it clearer and simpler,” she said.
Brix pointed out individual vacation proceedings have been handled differently. She gave examples from recent vacations of how they have gone through the city differently, and asserted the city should be consistent.
City Clerk/Treasurer Ann Armstrong stated there is a consistent procedure at city hall, but she agreed to look through City Code to see what it says. She remarked she wanted to serve the people in a legal manner.
Brix pointed out even though there is no requirement in City Code for Parks to hold a public hearing for a vacation, Parks holds one. Kendrick reiterated it appeared there was a need for a better, clearer process.
“All I’m asking for is a streamlined process,” Brix commented.
Kendrick committed to preparing a draft rescinding Ordinance 1628, Amended, which would dedicate trails to the jurisdiction of Parks. She mentioned a second ordinance to follow would be one redrafting the ordinance on vacation so the city could use either of two methods described in state law.
Berry said his office would organize another workshop on this.