HDC wants concrete out, limestone put in sidewalk

The Eureka Springs Historic District Commission (HDC) has determined that several feet of concrete sidewalk installed between 29 and 27 S. Main St. do not meet HDC guidelines and were not installed within the requirements of the Municipal Code.

The commission instructed Building Official Randy Mills Friday afternoon to issue a violation notice to Mike Klecha, owner of 29 S. Main, the former Eagle's Nest location.

Mills said Klecha will then have 10 days "to address the issue."

The project came to the commission's attention last Wednesday during its regular meeting.

Chairman Debbie Frisbie said at least two pieces of limestone had been removed from the sidewalk and replaced with imprinted concrete. The work was done without approval from the HDC.

Municipal Code also requires the city's public works department employees to put in imprinted concrete. A private contractor installed the sidewalk, according to Mills.

Former Public Works Director Kirby Murray had reported on the project to the city council Jan. 12. He said the sidewalk had been torn out so a water and sewer tap could be installed for Klecha's building.

He said the sidewalk was being widened for safety purposes. He said Klecha was paying for his portion of the sidewalk and the city would pay for a small portion of new sidewalk in front of Rosie's Funnel Cake Factory, 27, S. Main, because that is actually city property.

He was asked by a council member if the HDC had approved the project. He responded that the project didn't need approval because it was a public works project.

Mills had issued a "stop work" order on the project just as members of the concrete crew were preparing the sidewalk at 27 S. Main for a layer of "Thincrete" to bring the surface level with another section of the sidewalk.

Rosie Helms, owner of the funnel cake factory, said she wanted to open for business March 1 and pressed the commission for action Wednesday evening.

Mills and Helms presented a plan to use four black iron benches on two sides of the corner as safety barriers. There is a considerable drop off from the edge of the sidewalk to the street.

Murray had proposed an iron railing.

"Benches will give people a place to sit," Mills said. "Since the sidewalk has been widened, people sitting on benches won't cause the same congestion as they did before."

Commission members agreed Wednesday to make a site visit Friday afternoon to see the imprinted concrete and how Mills was proposing to use the benches. They agreed to have a special meeting afterward.

During discussion in the special meeting, Frisbie, Commissioner Frank Green and former Mayor Beau Satori argued that the city code requires stone to be replaced with stone.

Mills said he thought several interpretations of the code were possible, including the use of imprinted concrete.

He believes the whole situation "is essentially a misunderstanding."

He encouraged the commission to "look at the big picture. The limestone was cracked and the concrete curb was damaged and crumbling. The whole area looked bad, particularly for a high traffic area, and it has a nicer surface now."

Green and Satori are particularly concerned that only limestone be used in the downtown area sidewalks.

"The big picture is to restore stone sidewalks in the core of the historic district," Satori said.

Glenna Booth, Certified Local Government (CLG) coordinator for the HDC, had talked with City Attorney Tim Weaver about the matter.

"He says the ordinance (Municipal Code) is not clear," she said. "He is willing to discuss it with the commission."

Helms told the commission several times she wanted to open March 1, wanted the sidewalk repaired, and asked for some type of emergency action so the work could be done.

She said she had not been contacted by Klecha or anyone in the city about the project.

"They did not have my permission to tear up the sidewalk in front of my business," she said.

Helms leases the property from the city. Since the business was closed for the winter and the project started in January, Murray apparently thought the work would be finished before Helms wanted to open.

Frisbie told her she would have to fill out an application to get approval to have the sidewalk finished. If Helms did the paperwork Friday, the application could be on Wednesday's meeting agenda.

HDC wants concrete out, limestone put in sidewalk

The Eureka Springs Historic District Commission (HDC) has determined that several feet of concrete sidewalk installed between 29 and 27 S. Main St. do not meet HDC guidelines and were not installed within the requirements of the Municipal Code.

Parks gives land issue to council for resolution

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