The Eureka Springs City Council has taken the first step in what has been a long process to revise the city’s tree ordinance.
The council voted 5-0 on the first reading at its monthly meeting Monday, Aug. 28, to approve revisions intended to clarify certain aspects of the ordinance. The issue has been the topic of meetings and workshops for many years.
“Hopefully we get that first read done today on the planning commission tree ordinance because we’ve been working on it for over five years,” Ferguson Stewart, a member of the planning commission, told council members during public comments. “I’m ready to go with it.”
The proposed ordinance could see more revisions since two more readings and votes are required before it takes effect.
“The City of Eureka Springs, being the oldest Tree City USA in Arkansas, is forested by trees indigenous to the Ozark mountain area, as well as a non-native species introduced to the area,” read the beginning of the ordinance, which is 13 pages long and took city clerk treasurer Ida Meyer nearly 30 minutes to read.
“The trees located within the city limits collectively constitute an urban forest, and removals or additions of even a single tree can negatively or positively affect the urban forest and the city as a whole,” the ordinance later reads. “However, the loss and removal of a tree from one location in the city’s urban forest can often be at least partially mitigated by planting a replacement tree(s) in the same or a different location.”
Proposed key changes to the tree ordinance approved in first reading include:
• Defining a city tree as one on city-owned property.
• Establishing a “Tree Removal Assistance Fund” maintained by the city that will help “low income or low asset property owners with dead or hazardous tree removal.” Recipients of the fund will be “determined by the Board of Zoning Adjustment with their Tree Removal Permit application.”
• While a Tree Removal Permit is required for removal of a dead tree, the “City Building Inspector may issue a Tree Removal Permit for removal of a dead tree without the approval of the Board of Zoning Adjustment.”
• Of the $40 application fee for tree removal, $10 of that fee will be deposited into the Tree Removal Assistance Fund.
• If a tree on private property meets the criteria supporting tree removal as set forth in the ordinance, and in the opinion of the city’s building inspector/code enforcement officer is in need of immediate removal, written notice will be issued in person or by certified mail to the property owner after BOZA approval.
• If a property owner neglects or refuses to remove the tree required to be moved within 60 days of the notice, there will be a fine of $50 for each offense. Each day the owner fails to comply will “constitute a separate offense.” The owner also will be liable for the costs “for which the city may incur by reason threreof to be recovered by the city in an action of law.”
• If the city spends funds for mitigation or rehabilitation of a violation the city may file a lien against the real property as authorized by Arkansas Code.
Meyer is researching various fines other cities use so those could be changed in the ordinance in future readings.
OTHER BUSINESS
Simon Wiley, the city public works director, told council members that two water pipe leaks have recently been repaired and representatives from the company hired to locate leaks in the city have arrived.
“They’ve actually started the early detection here in the city,” Wiley said The company will focus on downtown and locations near “highway areas” early in the week and then focus more on neighborhoods and rural areas later in the week.
“They expect to be here for a few weeks and be wrapped up before Bikes, Blues & BBQ,” Wiley said.
City crews will be dispatched to repair leaks as they are discovered, Wiley added.
The council also approved a resolution to hold a public hearing regarding a proposal to vacate a part of Hyden Street between Block 147, Lot 1 and Block 136, Lot 12.
The public hearing will be held at the Sept. 25 city council meeting to give time for the required notice to be published in the county newspaper.
HOLIFIELD PRAISES CEMETERY COMMISSION In his council member comments, Steve Holifield said he recently attended a meeting of the cemetery commission and came away impressed with the recent work of the short-handed three-member commission.
“These folks are working really, really hard with a lot of responsibility,” Holifield said. “They’re just overwhelmed. I want to shout out to Glenna Booth, LB Wilson and David Danvers for really hanging in there and doing a great job.”
Holifield also said he recommends the cemetery commission move its meetings to The Auditorium, where other commissions meet, and have their meetings video recorded.
“I’d like to advocate for this commission to meet here and be recorded so everybody can see it as well,” he said. “I’m not sure why they just voice record and meet in a shack in the woods, but I brought that up to them and some of the members seem open to doing that.
“I’d like to discuss that with them in the future.”
The cemetery commission’s monthly meetings and workshops are typically held at the office located on cemetery grounds.
Holifield went on to discuss the heavily attended Aug. 23 City Advertising and Promotion Commission meeting, during which several people spoke during public comments.
He urged those who have comments to remember that council members are open to phone calls and emails from residents for further dialogue.
