BENTONVILLE -- The city will annex about 25 acres from Cave Springs at the request of a developer who faced sewer issues.
Sewell Family Development asked Bentonville to annex 24.91 acres along Arkansas 112. The property is just southeast of Central Park Elementary School and directly south of St. Valery Downs Subdivision. The company plans to build at least 50 single-family homes, but needs adequate sewer service, which isn't available from Cave Springs, a spokesman said.
Cave Springs
Cave Springs was incorporated in 1910 and has a population of about 2,000 people. Its on Arkansas 112 and 264. Its city office is at 134 N. Main St.
Source: Staff report
City Council approved the annexation with a 5-2 vote Tuesday. Aldermen James Smith and Jim Webb voted against the annexation. Alderman Tim Robinson was absent.
"In no way is this intended to be adversarial," said Bill Watkins, an attorney representing Sewell Family Development. "My client has developed in Cave Springs for some time," he said.
"This is about common sense. This is about trying to get water and sewer service to this property," Watkins said.
He noted Bentonville would be able to provide sewer service because the connection is across Arkansas 112.
Cave Springs Mayor Travis Lee asked council members to table the annexation request so his city could develop a plan to provide sewer service to the property. It's a process that takes time, he said.
"We can't do it lickety-split," Lee said.
Arkansas allows a landowner to request annexation if municipal services can't be provided by the city in which the land is located. The property owner must first submit a letter to the city -- in this case, Cave Springs -- setting the demand for services requested. Watkins did that on behalf of Sewell Family Development on Oct. 27, seeking sewer service, according to meeting documents.
The city must make a commitment to take "substantial steps within 120 days after the statement's filed toward providing additional services," Watkins said, referring to the law.
Within each 30-day period following, the city must take continual steps to demonstrate its commitment to providing the requested services, Watkins continued. A land owner may request annexation into another city if these actions aren't taken.
Documents show Cave Springs attorney Justin Eichmann responded Nov. 25 to the initial letter requesting sewer services. Eichmann wrote his letter served as Cave Springs' commitment to working toward providing sewer service and requested more information about the development plans.
A letter dated Dec. 3 providing that information about the subdivision was sent to Cave Springs, according to the annexation petition.
"Since that day, we've heard nothing," Watkins said about Eichmann's November letter. "No plan. No indication that plans are in the works."
Lee apologized for the lack of communication and said he thought the two parties were speaking over the phone.
Webb and Smith asked Lee if two weeks would be sufficient time to develop a presentable plan to provide sewer service to the site.
"I couldn't tell you exactly a date of when we could start the installation, but I could definitely have something in place where, here are the steps and this is where we're going to move forward," Lee said.
Webb made a motion to table the annexation request, but it failed 4-2. He and Smith were the only two who voted in favor of it. Alderman Octavio Sanchez abstained.
NW News on 07/28/2016