Members of Eureka Springs City Council and the Planning Commission met for a joint workshop on April 28. The two bodies had communicated back and forth regarding production of an ordinance to regulate sidewalks.
The workshop provided everyone with an opportunity to ask questions or make suggestions in a casual setting. Mayor Butch Berry presided, which included four aldermen and five commissioners. Berry began the meeting by suggesting a review of the factors leading up to this workshop.
Alderman Susane Gruning recounted some of the background. The subject of sidewalks had come up at the council table, and council asked Planning to review the city’s existing regulations. Gruning complimented the commission for its work in reviewing and assessing those codes.
Most of the discussion during the hour-long workshop centered around two provisions of the revised ordinance. Building Inspector Paul Sutherland had recommended requiring licensed concrete contractors to perform any work and proposed using only concrete delivered by a truck.
Sutherland explained that concrete delivered by a truck has multiple advantages over concrete mixed in small batches on site. He said concrete prepared in a small mixer might have too much or too little water, affecting future strength of that sidewalk. He also noted that truck-delivered concrete has air entrained in the product, which helps a sidewalk withstand extremes of freezing and thawing.
Most concrete providers have a three-yard minimum, and with concrete currently selling for about $190 per yard, that would become a significant expense for homeowners. The three-yard minimum would cover a sidewalk four feet wide by 60 feet long and four inches thick. Questions immediately arose regarding a hypothetical situation with a homeowner needing to repair smaller areas. Would someone have to pay for a three-yard minimum to repair a single section of a sidewalk?
The draft ordinance also includes a provision that concrete meet a testing standard of 3,500 pounds per square inch. Commissioner Scott Price asked how that would be enforced, since the city would not require a homeowner to pay for expensive testing. Sutherland explained that the standards would dictate to a concrete company what mix to use, and those companies’ products are routinely tested.
Berry also noted that if a sidewalk fails prematurely, the homeowner can still have the concrete tested to see if it meets compression standards, and they could pursue action directly against the concrete provider.
Discussion of allowing concrete mixed on site continued in search of clarification of the difference between repairing or replacing a sidewalk. Alderman Terry McClung said, “I don’t care about someone mixing concrete in a bucket to repair a sidewalk,” although he agreed with the restrictions for larger jobs.
Commissioner Susan Harman also objected to requiring truck delivery for small repair jobs. McClung suggested allowing hand-mixing concrete for jobs smaller than four feet by four feet.
Other standards were suggested, with Commissioner Mike Welch proposing that anything less than three yards could be mixed on site. Alderman Harry Meyer suggested requiring delivery of anything more than a yard, which would cover 20 linear feet of a sidewalk four feet wide.
The discussion also turned to suggestions on saving money for homeowners. Gruning suggested that the city could contact concrete providers and ask for a discount in exchange for recommending them as a preferred source. She also suggested combining several small jobs for one delivery.
Sutherland explained that the city would have little leverage with a concrete provider. Berry agreed, noting that those companies already have all the business they need, and contractors already encounter difficulties in getting concrete delivered here. Those problems are magnified for small loads.
The draft ordinance will now return to Planning, and commissioners can decide which repair projects would require truck delivery. Most of those attending the workshop agreed with the need for licensed contractors, whether for installations or repairs. Meyer noted that Sutherland would still have veto power if a homeowner makes inadequate repairs.
Cassie Dishman, director of Planning and Community Development, serves as staff for the Planning Commission. She noted that the 3,500-psi standard has been part of city code since 1998. She also explained that she and Sutherland had conducted a walking tour, in which they found at least 25 trip hazards and 49 areas with missing concrete.
Berry closed the meeting by suggesting that homeowners contact Planning commissioners with any suggestions or recommendations.
I formed and poured a sidewalk on Spring Street in 2002, just south of the library. At the time, the city had two employees that were responsible for stamping and coloring the concrete. While we were waiting for the mud to cure, both men told me how the city had financed a trip to Florida for a week, to learn how to color, stamp and seal concrete. They bragged about how it cost the city 15 grand for an incredible party. Two months later both were working for Berryville public works.
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I formed and poured
Terry, you continue to speak your mind. You also entertain me with your comments. They definitely need you.
The absurdity of this situation is obvious to Professionals with an understanding of how concrete works. And to suggest litigation as a solution should something fail is just going to benefit attorneys and would be another travesty.