Aldermen approve trail rules, table pigeon ordinance

Aldermen had a productive and unified Monday night session, unanimously approving three ordinances, tabling two ordinances and approving five resolutions. Not a single no vote was cast in the meeting.

Though Bella Vista's new trail system is still under construction, it has proven irresistible for some local thrill seekers. The different legs of the trail vary greatly in difficulty, and no signage currently exists that indicates how treacherous certain parts of the dirt path can be.

Aldermen voted to change that at Monday's city council meeting, adopting rules that will make clear that the trails are not yet open to the public.

Additionally, the council temporarily tabled an ordinance regulating the dumping of tree cuttings and indefinitely tabled a controversial ordinance to allow a man with PTSD to keep captive-bred pigeons at his residence.

City council members also approved an ordinance to limit the subjects of special meetings.

The meeting began with a public input section. Several Bella Vista residents appeared to influence aldermen on the ongoing, increasingly-heated debate over accessory buildings and front-yard fences.

The trail ordinance, which will establish a set of rules that will be mirrored by those of the Bella Vista Property Owners' Association in order for the city to remain consistent, was necessitated both by a biker who was injured earlier this month and because of an influx of ATVs and dirt bikes that are damaging the trail surface.

The council voted to move the ordinance to a third reading and to establish an emergency clause. This will allow signs to be erected immediately.

The ordinance hit a snag last month when Alderman Frank Anderson noted that the city's rules and the POA's rules for trails were slightly different. This, he argued, would be a nightmare for either entity to enforce.

Mayor Peter Christie met with POA general manager Tom Judson after that meeting. The two agreed on a set of identical rules.

"We gave Tom Judson at the POA the wording of our ordinance, and they are putting that same verbiage in their policy so that there is no discrepancy between our two organizations," Christie said. "Unfortunately, we've found that, as we're building the trails, people are using them -- but there are no signs, nothing to help you figure out where you are if you get hurt. And some of the trails are more difficult than others."

Christie urged Bella Vista residents to stay off of the trails until they are completed.

"We need to keep motor vehicles off," he said. "Some people are bringing motocross motorcycles on these things, and that just rips up the trails. That doesn't do us any good."

The council also approved an ordinance that limits the reasons aldermen can convene for a special meeting. The ordinance was proposed by Anderson.

"This is a result of some things that occurred in the past year when we called some special meetings that I thought probably should have been held at our regular meeting," Anderson said.

The ordinance states that "no special meeting shall be called for agenda items which may be considered at the next regularly scheduled meetings of the city council without placing risk to the public or additional financial expense to the city."

It also disallows any other business from being considered at a special meeting that was not explicitly stated in the meeting's agenda.

Last month, Alderman Allen King proposed an ordinance that would remove certain breeds of pigeons and doves from the city's livestock list which are banned from being kept in residential areas. This was caused by a request from a resident with PTSD who provided a doctor's note that argued that the pigeons were necessary for emotional support.

The ordinance was uniformly criticized by other council members when it was introduced. Christie warned that, if passed, it would be a potential lightning rod for bad press coverage due to its strangeness and specificity.

Alderman Larry Wilson noted at last week's work session that the man would still be in violation of federal law even if the ordinance was passed. Wilson said that there was nothing in the Americans with Disabilities Act that would protect the man from legal action.

The council moved to indefinitely table the ordinance. King, the bill's sponsor, said that he understood the council's reasoning. He joined other aldermen in voting against the bill.

During the allotted public input period of the meeting, several residents voiced their opinions on an ordinance regulating accessory buildings and front-yard fences which has become notorious after having several amendments proposed to it, being sent back to planning commission, and, finally, being tabled until next month's meeting.

Theresa Neal, who works at the ACC and has a seat on the planning commission, appealed to the council members directly. She argued that the city's proposed rules on sheds and outhouses could potentially place an undue burden on homeowners.

She urged the council to meet with her and other ACC members privately to discuss possible solutions.

Resident George Tracy argued that the proposed ordinance would drive away potential buyers.

"We're running people out," he said. "Builders don't want to build here because the rules are too expensive ... Everyone that drives through here has a wallet or a purse with money. And that money is not stopping in Bella Vista."

Aldermen will try to find a solution to the ordinance's controversies before it is brought up again at the June meeting.

The next city council regular session will be at 6:30 p.m. on Monday, June 27, at the Bella Vista American Legion Hall.

General News on 05/25/2016