Planning commissioners have wrestled for years with questions about sidewalks, and the discussion continued at the Nov. 14 meeting.
Building Inspector Jacob Coburn pointed out, “There are sidewalk issues all over town.” He suggested making the areas with the most foot traffic a priority, and that led the discussion to Spring Street. Coburn explained some conditions underlying sidewalk problems, including tree roots and soil erosion beneath a slab. He noted that present guidelines call for polishing limestone slabs when repairing or replacing them, but limestone quickly becomes slick when wet.
“Can the homeowners afford these repairs?” Coburn asked. “I’m supposed to have the work done and place a lien.” As an alternative, he explained the possibility of the city taking over responsibility for sidewalks. The question takes on new urgency because Coburn said the leniency formerly given to historical towns regarding accessibility is declining. “Having no plan of action is the worst plan,” he said.
Commissioner Peter Graham asked if the city would be eligible for grants, and Coburn agreed that the city would have much greater access to grants. Graham added that relying on property owners for sidewalk maintenance would create problems among neighbors with different capabilities. Commissioner Ann Tandy-Sallee said the city has allowed people to remove a sidewalk and not replace it.
Coburn explained that city codes currently allow 180 days to correct a sidewalk problem after notification, with an additional 90 days available. The property owner would then incur a small fine. He said that process needs to be changed if the responsibility for sidewalk repairs remains with property owners.
Coburn said he did not want to advocate for the city taking over sidewalks, but “we would be looking at a lot of liens.” Tandy-Sallee asked, “How can you put a lien on someone’s property when you’ve allowed someone to take up their sidewalk and not put it back?” Coburn agreed that such discrepancies put unequal burdens on property owners. Some neighborhoods have no sidewalks, or sidewalks on one side of the street.
All agreed that the safety of residents and visitors should be top priority. Commissioner Tom Buford said tourists enjoy walking around town, but they often end up walking in the street. He also mentioned that property owners are not only responsible for maintenance, they also have liability exposure if someone falls on a sidewalk.
A workshop is planned at 4 p.m. on Nov. 30 to discuss sidewalk issues, and members of city council and the Historic District Commission will be invited.
In other business:
- Coburn reported on plans to inspect long-term rental properties. He suggested an annual review to be completed by the property owner, not the city or the tenant. The review would verify a level of basic safety, and Coburn said Little Rock and Fayetteville have similar requirements in place. “A lot of issues around town are not getting addressed,” he said.
Chair Susan Harman reminded commissioners that the city does not have a list of long-term rentals. Since short-term rentals require a business license, the city has some documentation on them. Coburn said he has a proposed ordinance for commissioners to review and would also like feedback from city council and the HDC.
- Tandy-Sallee said Spring Street parking permits given to Bridgeford House need to be rescinded. She said this bed and breakfast business should use parking behind the house or at the end of the street. She said permits should only be issued to residents, not to businesses. Harman said she had been asked for an opinion on this, and she thought that the owners expected to have three parking spaces on Spring Street when they purchased the business. She said the resident manager should certainly qualify for a parking sticker.
Tandy-Sallee asked to place this item on the December agenda for more discussion but asked to have the permits withdrawn immediately. Harman said she would check with city hall regarding the permits.
- Harman said a mailing of show-cause letters had provoked some negative responses. The letters were sent to bed and breakfast operations apparently in violation of their Conditional Use Permits. Harman suggested adopting a clear message, including the reasons for the letter. The letter should also include the relevant city ordinance.