BELLA VISTA -- The City Council authorized potential litigation to secure water for fire suppression at an in-development public safety building on Arkansas 279 during its May 24 meeting.
The building, which will house the police, dispatch and court facility, sits adjacent to the current Street Department building on Forest Hills Boulevard and will require sprinklers because it has detention spaces, staff attorney Jason Kelley stated previously.
Because the existing Centerton water line on Forest Hills Boulevard doesn't have the capacity to pressurize a sprinkler system, the city had previously discussed using Bella Vista Property Owners Association's water system strictly for the sprinkler system and Centerton water for normal, day-to-day use, which Cooper Communities Inc. appeared willing to allow, he said.
While Cooper Communities does not own the water system, it does have a covenant interest that allows the corporation to decide whether the system can be extended outside of the POA.
The city may seek to condemn a portion of this interest and exercise eminent domain in order to move the water system through, he said.
It's important to note that, while the passed resolution authorizes city staff to begin legal proceedings, it does not require litigation, meaning this may still be resolved without it.
Further, he said, the city must make an offer before proceeding with litigation.
If the city begins proceedings, it should be able to acquire water for the project immediately, Kelley added, though he noted the litigation itself could be a very long process.
"Hopefully none of that will delay the project," he said.
Councilmember Steven Bourke said he hopes the city does not need to proceed with litigation.
Cooper Communities has previously done a great deal for the community and provided land for developments -- including the Mildred B. Cooper Memorial Chapel and Cooper Elementary School -- that have benefited a lot of Bella Vistans.
"We're only asking for them to allow the water facility to provide water to our new public safety facility," he said.
Bourke said he'd like to see the city and the company cooperate for the community's best interest and that he believes litigation will not be in either party's best interest.
Council member Doug Fowler said he was displeased with the situation.
"I just find the whole situation not disappointing, but disgusting," he said.
Fowler said residents voted for the city to pursue this project and he does not appreciate this company working to stop it.
This project is important enough to be willing to fight for, he said.
"I really don't know what they think they'll gain from this," Fowler said. "I don't want to move forward with litigation but, if that's what it takes, that's what we'll do."
The council also approved resolutions expressing appreciation for city staff, as well as for food and grocery workers, for their efforts during the pandemic.
Bourke said these laborers put in a lot of long, tough hours to ensure Bella Vistans had their essential city services as well as food and other groceries.
"A gesture of our appreciation," he said.
Mayor Peter Christie said he frequently emails city staff members to let them know what their work means for the community and this is a great chance to recognize the difficult, vital work they do.
"We have a terrific team," he said.
The council passed additional resolutions amending the city budget to appropriate funds for a contract with the Bella Vista Business Association, a lease for computers and associated equipment, a lease agreement for space for the Bella Vista Farmers Market.
The council also approved ordinances authorizing the purchase of street salt and sand based on price and availability, amending parking requirements for nonresidential developments and vacating a portion of the Sunset Drive right-of-way. The council discussed ordinances regarding controlled burns and impact fees.
Keith Bryant may be reached by email at [email protected].