The Eureka Springs City Council meeting on Monday became spirited and quarrelsome while discussing wastewater meterage.
Brian Wright, owner of Kettle Campground, said that after council told him on January 8 that he should have a meter put on his well to measure and charge for wastewater, his lawyer contacted Public Works to find out when this would happen.
Wright has a well on his property, so is not hooked up to city water. Council had agreed that this was fine, but that they had to track and charge Wright’s wastewater.
Wright said a Public Works employee showed up on May 15 telling him that the campground was going to be connected to city water, and when Wright informed the worker that he was supposed to only be having a meter installed to track wastewater the worker replied, “Nobody tells me nothing over there [Public Works],” and left the property after Wright stressed again that only a meter was to be installed.
Two weeks later, city attorney Forrest Jacobi contacted Wright to say that Wright had yelled at the worker and that the city would hook the campground up to city water and if they did not comply, they would be in trouble.
When Wright contacted Public Works Director Simon Wiley and iterated that he was only supposed to have a meter installed, Wiley replied that it had now been decided that he would be put on city water and not be allowed to use the well and that all well users within city limits would now be put on city water.
Alderman David Avanzino returned to this when Wiley came forward to give a general update, because Avanzino remembered council agreeing that only a meter to track wastewater would be installed.
Wiley said he had sent a worker to measure the well for the parts needed to install the meter, but claims his worker was told to get off the property, and when Wiley heard this from the worker, he turned the matter over to the city attorney.
A state plumbing inspector is being brought in to examine the property and decide if, according to the International Building Code adopted by the State of Arkansas, which states that if public water supply is available on one’s property, regardless of if you have a private water supply, the property owner is required to hook up to city water. Wiley said the inspector will decide if Wright must have the property hooked up to city water.
Avanzino iterated he was concerned because council had voted and told Wright he would only have to have a meter, this was what had been agreed to, and he didn’t understand this change.
Jacobi said that they had run city workers off the property when they had gone to install the meter, and after being told they would be made to hook up to the city were “willing” to have the waste meter installed, but now it was too late, it was up to the plumbing inspector.
Jacobi continued that if they are willing to put a meter on the well and the state inspector says it is okay, then that is what will be done, but if the inspector says they have to hook up to city water they will have to comply.
Alderman Autumn Slane said that the frustration from Wright was that city council had clearly voted for one thing, the meter, and had assured Wright, but then Public Works said they would hook Kettle up to city water.
Wiley objected saying, “That wasn’t true,” and speculated that his worker had been on the property looking for a line of fiber optic cable running through the property, and Wright had misunderstood and run the worker off. Wiley repeated his original story, saying the worker knew to check the well for installing the meter but had been run off the property.
Alderman Harry Meyer, after referencing code, said that council had offered Wright something it couldn’t by law, and he had never understood how putting a meter on to track wastewater would work anyway. Meyer said it was better to make property owners hook up to city water as that would provide the city with more funds to help maintain the water system.
He pointed out that the wording of the code is that people within 500 meters of the city sewer lines have to connect to it.
Alderman Terry McClung said he wasn’t going to weigh-in until they had heard from the state plumbing inspector but advised that an independent third party should be present at the inspection since council had heard different sides of a story. McClung said he wants a report written for the mayor by this third party, and the mayor to share the results with council. He said it was unfortunate that the city and the property owner weren’t getting along and wants the situation settled.
Reevaluation of Spring Street parking passes
Sharon Lawlor, who owns Bridgeford House Bed & Breakfast and lives on Holiday Island spoke about parking issues on Spring Street. She wanted on street parking passes issued for her son who lives on the property and for two guests. Her property has a back area for parking, but she said it was too narrow and she needs the passes for people who can’t park there, including people with mobility issues.
Council came back to this later in the meeting as there have been issues with the Parking Pass ordinance, one being that law enforcement has been issuing passes for this parking area, but is expected to enforce them, which is improper. There are additional problems with wording of the ordinance, and complaints from people living in or visiting having parking issues or refusing to get their passes.
McClung said the ordinance had too many problems, and Meyer said it should be clearer and that he thought if a few resident parking spots were created on Crescent Drive it would clear up the matter.
Alderman Steve Holifield argued that if the council did that, residents from all over the city would come to the council for parking spots and “it will open a can of worms we can never close again.”
McClung said that this was a mess council had helped create by trying to accommodate a few people, particularly Bridgeford House, and said it would be better to get rid of the ordinance altogether. He added that people in New York or Dallas have to deal with visitors taking parking and it is just part of living in a popular city, better not to have passes and the police having to issue and check for those passes. Council voted to create a new ordinance getting rid of that parking ordinance.
Wrapping it up
- A request by the owner of Pine Mountain Village for that area to be designated a permanent entertainment district was tabled as several aldermen thought this was not a good idea and they would have to hear more about what amount of the property would be included as the district since it encompasses 40 acres.
- CAPC Director Mike Maloney submitted a proposal for the CAPC to take over the old firehouse on S. Main, install an old firetruck for viewing, and create offices and meeting rooms for the CAPC. He said that the CAPC would pay to renovate the building and repurpose it.
Meyer made several remarks about how the CAPC should be renovating the Aud and insisted he see drawings of the planned changes. Mayor Butch Berry explained that the firehouse and the Aud were separate issues, and he thought this would be good. Aldermen agreed, and the purchase and renovation estimated to cost the CAPC around $100,000, also approved by ESFD’s chief, passed.
- Avanzino called attention to the intersection at Spring and Main Sts. where there have been several accidents and traffic incidents. He said he had contacted ARDoT about it and ARDoT agreed to come out and paint a white line to alert drivers about the intersection to encourage them to yield. Council voted to have the line painted.
- Berry urged citizens to apply to openings on Planning, Historic District, and City Advertising and Promotion commissions, and noted that council will be renewing Sandy Martin’s position on the Hospital Commission, nominating Ruth Mitchell to the Parks Commission, and voting in Seat Four on the Cemetery Commission.
- The next public commenter was Gwen Bennett who owns a property on Norris Street, which she said has been closed since the 1980s. She asked that part of the old road be opened because she is planning to sell it and wants it to be accessible to the new owner who has struggled to get to the property even to look at it. Bennett noted that she had talked to Wiley, and he had said as long as council agreed and the new owner maintained the road, as Public Works wouldn’t, he would open the road. Council voted to open the road.
- There will be a public hearing on vacation of the unused portion of Peerless St. on Monday, July 8, at 6 p.m. in the Aud, the new on-demand transportation program had 96 customers the first month.