Kicking the bucket down the sidewalk

Alderman Susane Gruning said during Monday’s city council meeting that after reflecting on the sidewalks plan presented two meetings previous, she wanted to clarify that it was not her intent to revamp the sidewalk ordinance, but to explore ways to help property owners follow through with sidewalk responsibilities in accordance with city code. Gruning said the sidewalk plan presented to them sent a message that compliance could be optional, that it lacked plans for enforcement, and that proposed timeframes were excessively lax. She also suggested that consistent enforcement is what will ensure equity among property owners. “The ordinance is already law and by not actively enforcing it, we’re extending a deferral. It’s like kicking the bucket down the road.”

Alderman Terry McClung responded that sidewalk ordinances had never been strictly enforced, and as a long-standing city council member, he himself could have contributed to that problem. However, McClung said he thought it was a good plan because it showed the city putting faith in property owners and taking steps to give them an opportunity to resolve things in a generous timeframe. “But if they don’t, they’ll be held accountable. So I like it,” he said. Gruning disagreed, saying the timeframe was too long. Mayor pro-tem Steve Holifield added that Planning was not just discussing it, they were also holding workshops to address it.

Building Inspector Paul Sutherland explained why they had asked to delay the first set of sidewalk repairs. One reason, he said, is that the ordinance had not been actively enforced for many years. Another is that they are exploring ways to preserve and restore old stone slabs instead replacing them. He also noted that Public Works does not have the funds allocated to sidewalks and needs time to include it into their budget. Additionally, homeowners need sufficient time to obtain bids, and many must secure approval from the HDC.

Legal counsel for the city Heather Owens noted that enforcement would mean criminal citations on top of costs of fixing sidewalks – not accomplishing the main goal of fixing the sidewalks. “I think the plan is a good reintroduction to the public that these ordinances exist, giving everybody an opportunity to get the work done before we start issuing citations,” Owens said. Alderman Harry Meyer made a motion to endorse Planning’s sidewalk enforcement plan as is, McClung seconded. Gruning opposed.

By request of Mayor Butch Berry, Finance Director Michael Akins led a discussion on the proposed increase of city sales tax to support the Wastewater Treatment plant. After deliberating last year, the water committee had concluded that a city-wide sales tax increase would be the best way to fund ongoing repairs and renovations, ensuring that costs are spread amongst tourists rather than falling solely on the shoulders of Eureka Springs residents through rate increases. To place the sales tax proposal on the ballot, council must have it finalized by May 1.

Aldermen discussed how they might encourage residents to vote for the tax. Akins reminded council that under Act. 605, cities are mandated by the state to increase rates in order to fund wastewater improvements in a self-sustained manner. He also explained that water rate increases will not create a surplus to be used on emergency repairs or extra projects, but the sales tax increase would provide revenue to begin building on that for the future. McClung made a request for the mayor’s office schedule a workshop to continue the discussion, receive input from the public, and determine what percentage increase would be appropriate.

Semi-retired Public Works Director Simon Wiley appeared as Deputy Director Sean Mellon was out on medical leave. Wiley addressed concerns brought up in the previous meeting about snow removal saying they were looking into plans for improvements that include a new plow and enhancing beet juice spreading practices.  

Wiley said they would begin repainting crosswalks as soon as the weather permits and would opt for the kind with bold stripes across the road instead of the simple two-lined versions that currently exist.

Wiley also reported:

• Creek samples are being pulled from Leatherwood Creek for testing after a line ruptured at the plant.
• The city groundskeeper is preparing to replant new flowers and other various plants around the city.
• Black Hills Energy has released their 2026 Pipeline Project list and are planning to replace lines on Oregon, Emporia, Frisco, Grand, Ravine, Anderson, Cottage, Rogers Alley, and Spring St. *If you notice paint and flags in your yards indicating where water, sewer, gas, and communication lines are located, they ask you do not disturb them.

Other Business:

• Renewals were approved for Pos. 6 and 7 for Cory O’Hara and Christine Santimore on HDC.
• Application by Chris Ritthaler was approved for Pos. 3 on Cemetery Commission.
• Vacancies remain for positions on Planning, CAPC, and Hospital Commissions.
• In public comments, Ferguson Stewart described the impact that water rate increases were having on churches and non-profits and asked council to examine the possibility of exemptions for them at least temporarily or until zoning adjustments could be made.
• Samantha Webb submitted a letter inquiring about removing Jodi Edmonson from hospital staff.
• The proposed sale of lots 12-16, block 46 of Riley and Armstrong to Lyla Allison was postponed a second time. McClung was ready to move forward with the sale after viewing the property. Alderman Rachael Moyer said she was not interested in selling any more city property until a vision plan was in place. Owens recommended Allison submit a written offer to the mayor’s office to be considered at the next meeting.
• Resolution No. 904 was passed approving the sale and disposal of city property; a request from the Transit department to dispose of an old trolley.
• Colin Paulk returned to discuss a Permanent Entertainment District and suggested holding a workshop. Avanzino motioned to have a date established for said workshop.
• A budget meeting was held prior to the regular meeting that covered sales tax remittance for 2025. During that discussion, council briefly talked about whether retailers should remit CAPC taxes. Beyond that, Akins covered revenue and expense reports for the year as well as went over long-term investments and bank balances through the year.