Amended Feb 28, 2017 - City of Springdale

SCHEDULED COMMITTEE MEETINGS to be held in the Multi-Purpose Room #236, second floor of the City Administration Building, 201 Spring Street: 

Monday, March 6, 2017, 5:30 p.m. is the next Committee meetings.  Committee agendas will be available on Friday, March 3, 2017.

AMENDED

SPRINGDALE CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 28, 2017 5:55 p.m.

Pre Meeting Activities Pledge of Allegiance Invocation – MIKE OVERTON

6:00 p.m.

OFFICIAL AGENDA

1.

Large Print agendas are available.

2.

Call to Order – Mayor Doug Sprouse

3.

Roll Call – Denise Pearce, City Clerk Recognition of a Quorum.

4.

Comments from Citizens The Council will hear brief comments from citizens during this period on issues not on the agenda. No action will be taken tonight. All comments will be taken under advisement.

5.

Approval of Minutes a) February 14, 2017 (3-15)

6.

Procedural Motions A. Entertain Motion to read all Ordinances and Resolutions by title only. B. Entertain Motion to dispense with the rule requiring that ordinances be fully and distinctly read on three (3) different days for ordinances listed on this agenda as item numbers….8c-f; 10 (Motion must be approved by two-thirds (2/3) of the council members).

7.

A Resolution approving a re-appointment to the Water & Sewer Commission. Item to be presented by Mayor Doug Sprouse (16-18)

8.

Planning Commission Report and Recommendations by Patsy Christie, Director of Planning: A. A Resolution approving a Conditional Use located at 12975 Kelly Road. Tandem lot split. (19-20) B. A Resolution approving a Conditional Use located directly west of 2300 S. 40th Street, South of Clark Avenue. Use Unit 33.(21-22) C. An Ordinance rezoning 0.72 acres located at 3558 Downum Road from Agricultural District (A-1) to Low Density Single Family Residential District (SF-3). Property owned by Jesse and Samantha Barnes (23-25) D. An Ordinance rezoning 1.69± acres located on the west side of property located at 4000 Johnson Road from High Density Multi- Family Residential District (MF-24) to General Commercial District (C-2). Property owned by Dabun Properties, LLC. (2628) E. An Ordinance rezoning 10 acres of Washington County Parcel #815-29844-000 and Parcel #815-29840-000 from Low/Medium Density Multi-Family Residential District (MF-2) to General Commercial District (C-2). Property owned by Dewitt Bank and Trust Co. (29-31) F. An Ordinance rezoning 19.66 acres located at the SE corner of Don Tyson Parkway and Butterfield Coach Road from Low/Medium Density Single Family residential District (SF-2) to Neighborhood Commercial District (C-1) and Institutional District (P-1). Property owned by Legacy National Bank. (32-34)

G. A Resolution approving a waiver of street improvements, drainage, curbs, gutters and sidewalks as set forth in Ordinance No. 3725 to Derek LaFargue in connection with W17-02 a single family dwelling at 100 W. Lake View Drive. (35) H. A Resolution approving a waiver of street improvements, drainage, curbs, gutters and sidewalks as set forth in Ordinance No. 3725 to Springdale One, INC. In connection with Tuscany Subdivision Lots 31-35 on Highway 112. (36) I.

A Resolution approving a waiver of street improvements, drainage, curbs, gutters and sidewalks as set forth in Ordinance No. 3725 to Springdale School District #50 in connection with L16-18 a large scale development. (37)

J. A Resolution approving a waiver of street improvements, drainage, curbs, gutters and sidewalks as set forth in Ordinance No. 3725 to Vera Lewis in connection to a Conditional Use at 12975 Kelly Road. (38) 9.

Public Vehicle Commission Report and Recommendations by Chairperson Kathy Jaycox: A. A Resolution certifying the need for additional taxicab services in the City of Springdale, Arkansas, pursuant to Chapter 122 of the Code of Ordinances for the City of Springdale, Arkansas. Item tabled from January 10, 2017 City Council Meeting

(39)

B. A Public Hearing on a Taxicab Operator Permit application filed by Thimotee Liboudo. Item tabled from January 10, 2017 City Council Meeting C. A Resolution approving an application for a Taxicab Operator Permit filed by Thimotee Liboudo. (40) 10.

An Ordinance authorizing the City Clerk to file a Clean-Up Lien for the removal of overgrown brush and debris on property located within the City of Springdale, Washington County, Arkansas. Item presented by: Ernest Cate, City Attorney. (41-64)

11.

Comments from Department Heads.

12.

Comments from Council Members.

13.

Comments from City Attorney.

14.

Comments from Mayor Sprouse

15.

2017 STATE OF THE CITY ADDRESS BY MAYOR DOUG SPROUSE

16.

Adjournment.

SPRINGDAI,E CITY COUNCIL FEBRUARY 14,2017

The City Council of the City of Springdale met in regular session on February 14,. 2017, in the City Council Chambers, City Administration Building. Mayor Doug Sprouse called the meeting to order at 6:00 p.m. Roll call was answered by: Doug Sprouse Rick Culver Jeff Watson Mike Overton Colby Fulfer Mike Lawson Rick Evans Jim Reed Kathy Jaycox ErnestCate Denise Pearce

Mayor Ward3 Ward 3 (Absent) Ward 2 (Absent) Ward I Ward4 Ward2 Wardl Ward4 City Attorney City Clerkffreasurer

Department heads present: Sam.Goade Mike Peters Mike Irwin Bill Mock Mike Chamlee Melissa Reeves Brad Baldwin Gina Lewis

Public Works Director Police Chief Fire Chief Parks and Recreation Director Buildings Director Public Relations Director Engineering Director Human Resources Director

APPROVAL OF MINUTES Alderman Jaycox moved the minutes of the January 24, 2017 City Council meeting be approved as presented. Alderman Reed made the second. There was a voice vote of all ayes and no nays. ORDINANCES AND RESOLUTIONS READ BY TITLE ONLY Alderman Evans made the motion to read all Ordinances and Resolutions by title only and to dispense with the rule requiring that ordinances be fully and distinctly read on three (3) different days for all items listed on this agenda. Alderman Reed made the second. The vote: Yes:

Culver, Fulfer, Lawson, Evans, Reed, Jaycox

No:

None

WITHDRAWN - RESOLUTION AUTHORIZING THE TRANSFER OF PROPERTY LOCATED ADJACENT TO 3304 MARTIN ORNE TO JOSEPH LAMANSK.E City Attorney Ernest Cate announced that this Resolution is being withdrawn from tonight's agenda.

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SPRINGDALE CITY COUNCIL FEBRUARY 14,2017

ORDINANCE NO. 5140 - AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE. ARKANSAS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES (PERTAINING TO WATER UTILITY REQUIREMENTS FOR CONSTRUCTION PROJECTS) Alderman Jim Reed presented an Ordinance amending Chapter 22 of the Code of Ordinances of the City of Springdale, Arkansas, pertaining to water utility requirements for construction projects. The amendment is to read as follows:

Sec. 22-184.- Water utility requirements. (a) All new constructiqn projects shall have an individual source of water provided, inde.pendent of any other project. Befefe After a building and plumbing permit for new construction may he having been issued. and in conjunction with the first reguired plumbing ins,pection BBS prier te e&Bst:Fueti:e&, a deposit shall be paid, a temporary water meter shall be set and a frost free hydrant installed. In commercial applications only. A ! fire hydrant meter may be used in lieu of a frost free hydrant at the discretion of the water utility, not the builder or permit applicant. No work may begin on the site until all requirements by the City of Springdale and the Springdale Water and Sewer Commission (Commission) are met. The requirements will be in writing or made available on a website. After reading the title of the Ordinance, Alderman Reed moved the Ordinance "Do Pass". Alderman Jaycox made the second. The vote: Yes:

Fulfer, Lawson, Evans, Reed, Jaycox, Culver

No:

None

Alderman Evans moved the Emergency Clause be adopted. Alderman Jaycox made the second. The vote: Yes:

Lawson, Evans, Reed, Jaycox, Culver, Fulfer

No:

None

The Ordinance was numbered 5140. ORDINANCE NO. 5141 - AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE. ARKANSAS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES (PERTAINING TO STANDING OR WALKING WITHIN PUBLIC ROADWAYS) City Attorney Ernest Cate presented an Ordinance amending Chapter 82 of the Code of Ordinances of the City of Springdale, Arkansas, pertaining to standing or walking within public roadways. Section 82-2 of the Code of Ordinances of the City of Springdale, Arkansas, contains the regulations pertaining to solicitation from public roadways or sidewalks. Due to recent changes in the law, some aspects of Section 82-2 may be in need of revision and clarification.

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SPRINGDALE CITY COUNCIL FEBRUARY 14, 2017

Section 82-2 of the Code of Ordinances of the City of Springdale is hereby amended to read as follows:

Sec. 82-2. - 8elieitiBg fpem Standing or walking within publlc roadways sidewalks prohibited unless permit granted.

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(a) No person shall: (1) Stand within the roadway of a state or federal highway including within any intersecting roadway within 100 feet of the highway and within the roadway or shoulder of any on and off ramp of an interstate highway; (2) Walk within the roadway of a state and federal highway, within any intersecting roadway within 100 feet of the highway and within the roadway of any on or off ramp of an interstate highway outside a legally established crosswalk or trail crossing; (3) Stand within or walk outside a legally established crosswalk or trail crossing into the roadway of a principal arterial street or major collector street with a speed limit of 35 mph or higher stan& in a puelie ffiaaway ar upe& a puhlie sidewalk far the ~ese ef selieiftag a meaetary eemti\nttieB frem any eeeupet ef a metar wftiele, unless a permit has first been obtained from the city clerk. The city clerk shall issue a permit to selieit eeBt:rihutieBS stand or walk within the (b) public roadway ar siElewalk of a principal arterial street or major collector street to~

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any charitable organization that is a valid 501(c)(3) charitable organization under the Internal Revenue Code that has prQperly applied for and complied with all requirements of this section and such proof of the valid 501(c)(3) status shall be provided to the city clerk. (2)

any individual who complies with all requirements of this section.

Permit applications must also be accompanied by a fee of $2QQ.QQ $25.00 and a (c) certificate of insurance signed by an agent authorized to bind coverage indicating that the applicant has obtained, at their sole expense, insurance coverage: (1) That is written by an insurance company with an A- or better rating and is admitted and licensed to do business in the state; (2)

That is in full force and effect for the duration of the permit period;

(3)

That provides~

for charitable organizations. one million dollars of liability coverage per occurrence with no deductible; (i)

(ii)

for individuals, $500.000 of liability coverage per occurrence with no deductible:

That insures the applicant and. in the case of a charitable organization. all persons (4) who will be soliciting; (5) That names the city, its officers, employees and elected representatives as additional insured; and (6)

That is written on an occurrence basis.

(d) Permits issued under this ordinance shall only be issued for the days of Friday and Saturday, and for no hours other than those between the hours of 9:00 a.m. and one hour

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before sunset. For charitable organizations. Qonl_y one permit shall be issued by the city for any particular day or two day period. Permits may be issued to no organization more than once per calendar year. Permitct can be issued for a maximum of two separate locations under one permit, but no permit shall be granted which allows selieita.t:ieB ~ within lSQ feet efef eB any interstate highway, U.S. or state highway., Emma. AYeBee er West Huntsville Street. Permit applications may be received by the city clerk at least 6G 30 days and no more than one year prior to any date in which the applicant is applying to selieit walk or stand within the right of way of a roadway eF siaev.'Bik. (e) The city shall only issue six total permits for charitable organizations per year on a first come basis aBEl Be permit skalll:Je is~a te BBY eFg&Bii!iiHieB fef mere th:BB eae tv.re aa.y :periea. Seli~at.ieB :ptif9li&Bt te the :petmit shall 9Bly l:Je allewea eB Friaa.y one Sattmla¥. This limitation on the number of permits shall not gly to individuals.

(t) Any person who is selieitiftg eemmnHieBS ifem a. meter vehiele seeking to stand or walk within a ·.vhile iB the roadway, under this chapter, must be 18 years of age or older and must wear a fluores~t orange visibility vest or shirt. No selieiw such permittee shall impede traffic or make physical contact with any motor vehicle (such as ~ea.tm2 tapping on the window or door). The organization or person obtaining a permit shall provide a sign at least 50 feet, (g) but no more than 200 feet from the point ef selieitat:iea where the permittee shall stand or walk into the roadway, which states the name of the organization or person which is selieitmg eeBt:ri9lttiens standing within or walking into the roadway. The sign shall be on both sides of the street and placed so that it does not impede traffic. These signs must be in place only during the period of time when the permittee is standing in or walking into the roadway and must be removed during the non-permit times. These tempormy signs are exempt from Chapter 98. After reading the title of the Ordinance, Alderman Reed moved the Ordinance "Do Pass". Alderman Evans made the second. The vote: Yes:

Evans, Reed, Jaycox, Culver, Fulfer, Lawson

No:

None

Alderman Reed moved the Emergency Clause be adopted. Alderman Evans made the second. The vote: Yes:

Reed, Jaycox, Culver, Fulfer, Lawson, Evans

No:

None

The Ordinance was numbered 5141. ORDINANCE NO. 5142 - AMENDING SECTION 110-86 OF THE CODE OF ORDINANCE OF THE CITY OF SPRINGDALE. ARKANSAS (PERTAINING TO EXCAVATION PROVISIONS AND REGULATIONS) Alderman Jim Reed presented an Ordinance amending Section 110-86 of the Code of Ordinances of the City of Springdale, Arkansas regarding provisions and regulations pertaining to excavations.

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Section II 0-86 of the Code of Ordinances of the City of Springdale, Arkansas, should be amended to include and clarify inspection and enforcement provisions associated with the issuance of an excavation permit and is hereby amended to read as follows:

Sec. 110-86. - Permit requirements. Before any person shall dig, excavate in, bore under or remove any portion of any citv right-of-wav. street, alley, curb or sidewalk in the city, he shall obtain a permit issued by the city street superintendent. At the time of making application for the permit, an inspection fee of$10.00 $50.00 shall be paid. An applicant for such permit shall deposit a sufficient surety bond at the office of the city street superintendent before a permit shall be issued. The amount of the bond shall be determined by the street superintendent based upon the estimated cost of the permanent repair as described under subsection (2)d below, plus an amount sufficient to pay for any and all damages to public property that may result in the course of the permitted work, but shall not be less than $5000.00. The bond shall be forfeited, all or in part thereof, for failure to comply with the rules of public safety, failure to close the opening as f!Uiekly as pessible within 24 hours after the work has been completed, failure to complete the backfill and repair in accordance with specifications, failure to complete the necessary cleanup, damage to public property including but not limited to the street sub grade, asphalt surface, concrete surface, curb and gutter, sidewalk, and or all infrastructure located within the street right-of-way or causing unnecessary inconvenience or damage to vehicular or other traffic.

(1) Jacking or boring. The depth of bury on installations which are jacked or bored under any street shall have a minimum depth of bury of2~ feet below the low points of the street cross section to the top of the pipe or casing, or 3 ~ feet below the bottom of the pavement structure (top of subgrade) to the top of the pipe or casing, whichever gives the greatest depth. If the pavement structure is damaged by the jacking or boring installation, it shall be repaired in accordance with subsection (2) below. Street cuts. All street cuts shall be made and repaired in accordance with metkees (2) appFe¥etl ay the D"ifeetef ef &gilleerie:g, ef his/her feJ'feSEaft"'EE, Elepeaamg eB the type ef st:feet swfaeiB.g Section 110-54(4), and as shown in the Standard Details for Street and Drainage Construction "STREET CUT (TRENCH) REPAIRS" dated October 2016. a. The person making the street cut shall saw-cut the pavement in a smooth straight line before any excavation commences. Flares, barricades, warning signs and other warning devices as required in the current edition of the MUTCD shall be used to protect the public from harm. The city street superintendent or his authorized representative shall inspect the street opening before any elass 7 backfill is placed in the opening and during the backfill operation. The aael.dill sha+l he watefeti anti eempaetee by maehiBe tampers te a deftSity ef 9S pereeBt ef AA:SHTO T 180. A temporary patch of two inches of coldmix asphalt shall be used over the top of the backfill matching the existing grade of the street surface. The city street department shall make the permanent repair in accordance with City of Springdale, Arkansas Standard Details for Street and Drainage Construction. If it is necessary to make a street sut undertake any activity reguiring a permit b. pursuant to this section during off-duty hours, or in the case of an emergency. the person making the cut shall notify the city police department. Normal duty hours are from 7:30 a.m. until 4:00p.m. Monday through Friday with the exception of holidays. The city street superintendent or his authorized representative shall inspect all street ems such activity made during off-duty hours. or due to an emergency. An extra charge in the amount of $30.00 per hour shall be billed to the person making the Sl:lt tluri:Bg eff tiety ftew:s to compensate the city street superintendent or his authorized representative. c. The person who makes the street cut shall be responsible for making any needed repairs due to settling of the cut or loss of cold mix asphalt for a period of 90 days from

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the time the temporary patch is completed, or until the permanent repair is completed by the city street department, whichever comes first. d. After the temporary patch is complete, the city street superintendent or his authorized representative shall make a final inspection and measure the width and length of the street cut. The cost of the permanent repair shall be billed to the permit holder at the rate of $6.00 per square foot with a minimum charge of $50.00 per street cut. Failure to pay the invoice for the permanent repair within 45 days after receipt of the invoice shall result in a STOP ORDER for permit applications for new work by the permit holder until the invoice is paid in full. The bond deposited with the city shall be retwned to the applicant after the applicant has paid for the cost of the permanent repair, and the final cleanup of the trench cut is complete. A contractor in the business of performing utility construction and/or maintenance that requires excavation in the street right-of-way or is engaged in a contract to perform work that includes excavation in the street right-of-ways may shall be required to provide a standing surety bond sufficient to cover the scope of the expected number of permits applicable to each and every site upon which to work is scheduled to take place and where a permit will be required. The standing surety bond will remain in place until the completion of all permitted work and all permitted work is fully inspected by the street superintendent and deemed to be satisfactory.

Curb cuts for driveways. Curb modifications for driveways shall be in accordance (3) with this section.with the exception that a cash deposit of$500 will be deposited with the City at the time the curb cut permit is issued. The street superintendent or his authorized representative shall inspect the curb cut after the excavation for the driveway is complete and before any base material, asphalt or concrete is placed for the construction of the driveway. A final inspection shall be performed after the driveway construction and cleanup is complete. The cash deposited with the city shall be retwned to the applicant when the curb modification is completed in accordance with this section. (4)

Inmection and enforcement.

a

Inmections of the work in progress and the finished work shall be completed by the city street superintendent or his authorized re,presentative. Any and all deficiencies in the work or deviation from the requirements of permit requirements shall be noted and communicated to the contractor performing the work and directed to make necessazy corrections immediately. Failure of the contractor performing the work to make the required corrections shall result in a stop work order until such time the work being performed is brought into compliance. b. Any person engaging in activity governed by the provisions of this section without a permit as provided herein shall be punished in accordance with the provisions of Section 1-9. In addition. the city street superintendent or his authorized representative shall issue a stop work order until such time the work being performed is brought into compliance. After reading the title of the Ordinance, Alderman Reed moved the Ordinance "Do Pass". Alderman Culver made the second. The vote: Yes:

Jaycox, Culver, Fulfer, Lawson, Evans, Reed

No:

None

The Ordinance was numbered 5142.

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ORDINANCE NO. 5143- AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A DEVEWPMENT AGREEMENT WITH WAL-MART REAL ESTATE BUSINESS TRUST FOR IMPROVEMENTS TO 48rn STREET AND JENNIFER TERRACE AND TO WAIVE COMPETITNE BIDDING; AND DECLARING AN EMERGENCY Alderman Jim Reed presented an Ordinance authorizing the Mayor and City Clerk to enter into a develof!!ent agreement with Wal-Mart Real Estate Business Trust for improvements to 48 Street and Jennifer Terrace and to waive competitive bidding; and declaring an emergency. Certain improvements to 48th Street and Jennifer Terrace are needed to alleviate traffic congestion and would benefit all residents of the City of Springdale. This agreement would allow Wal-Mart to perform the improvements to 48th Street and Jennifer Terrace, as set out in the Development Agreement, and the cost of them will be paid by Wal-Mart. After reading the title of the Ordinance, Alderman Evans moved the Ordinance "Do Pass". Alderman Lawson made the second. The vote: Yes:


No:

None

Alderman Reed moved the Emergency Clause be adopted. Alderman Evans made the second. The vote: Yes:


No:

None

The Ordinance was numbered 5143. RESOLUTION NO. 12-17 - AUTHORIZING THE PURCHASE OF PROPERTY LOCATED IN THE SPRINGDALE INDUSTRIAL PARK II. PHASE m. SPRINGDALE. ARKANSAS. FOR A FIRE TRAINING CENTER FOR THE SPRINGDALE FIRE DEPARTMENT Alderman Rick Evans presented a Resolution authorizing the purchase of property located in the Springdale Industrial Park II, Phase III, for a fire training center for the Springdale Fire Department.

RESOLUTION NO. A RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY LOCATED IN THE SPRINGDALE INDUSTRIAL PARK ll, PHASE lli, SPRINGDALE, ARKANSAS, FOR A FIRE TRAINING CENTER FOR THE SPRINGDALE FIRE DEPARTMENT. WHEREAS, on December 13, 2016, the City Council for the City of Springdale, Arkansas, adopted Resolution No. 115-16 and passed Ordinance No. 5121, both pertaining to the purchase of equipment and facilities for a live-training facility for the Springdale Fire Department;

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WHEREAS, the Public Facilities Board for the City of Springdale, Arkansas, owns property known as Lots 11 and 12 of the General Plat of the Springdale Industrial Park ll, Phase ill, Springdale, Washington County, Arkansas, containing 4.82 acres, more or less, that has been identified as the desired location for the live-training facility for the Springdale Fire Department; and WHEREAS, the Public Facilities Board has agreed to sell this property to the City of Springdale for the total sum of$138,305.08;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS that the Mayor is hereby authorized to execute all documents necessary for the acquisition of and tender payment from the Capital Improvement Fund for the property identified herein, for a total purchase price of $138,305.08. PASSED AND APPROVED this _ _ day ofFebruary, 2017. Doug Sprouse, Mayor ATTEST: Denise Pearce, City Clerk APPROVED AS TO FORM: Ernest B. Cate, City Attorney Alderman Reed moved the Resolution be adopted. Alderman Lawson made the second. The vote: Yes:

Lawson, Evans, Reed, Jaycox, Culver, Fulfer

No:

None

The Resolution was numbered 12-17. RESOLUTION NO. 13-17 - ADOPTING A DOCUMENT KNOWN AS THE RISK ASSESSMENT STANDARD OF COVER DOCUMENT FOR THE CITY OF SPRINGDALE AND THE SPRINGDALE FIRE DEPARTMENT Alderman Rick Culver presented a Resolution adopting a document known as the Risk Assessment Standard of Cover Document for the City of Springdale and the Springdale Fire Department.

RESOLUTION NO. A RESOLUTION ADOPTING A DOCUMENT KNOWN AS THE RISK ASSESSMENT STANDARD OF COVER DOCUMENT FOR THE CITY OF SPRINGDALE AND THE SPRINGDALE FIRE DEPARTMENT. WHEREAS, as part of the accreditation process for the Springdale Fire Department, a comprehensive assessment of risks to the community and the resources available to respond to said risks has been undertaken, the results of which are contained in a document entitled "Risk Assessment Standard of Cover Document for the City of Springdale and the Springdale Fire Department" ("the Risk Assessment"), which is incorporated herein by reference;

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WHEREAS, the Risk Assessment includes an analysis of, among other things, EMS, hazsrdous materials, technical rescue, and emergency management issues pertaining to the Springdale Fire Department; and WHEREAS, the City of Springdale should formally adopt the Risk Assessment to better identify and address issues involving the Springdale Fire Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS, that the City Council for the City of Springdale, Arkansas hereby adopts by reference a document entitled "Risk Assessment Standard of Cover Document for the City of Springdale and the Springdale Fire Department" to be utilized by the Springdale Fire Department. PASSED AND APPROVED this __ day of February, 2017. Doug Sprouse, Mayor ATTEST: Denise Pearce, CITY CLERK APPROVED AS TO FORM: Ernest B. Cate, CITY ATTORNEY Alderman Reed moved the Resolution be adopted. Alderman Evans made the second. The vote: Yes:

Evans, Reed, Jaycox, Culver, Fulfer, Lawson

No:

None

The Resolution was numbered 13-17. RESOLUTION NO. 14-17- AMENDING SECTION 2.21 OF THE PERSONNEL AND PROCEDURES MANUAL FOR THE CITY OF SPRINGDALE. ARKANSAS (EMPLOYMENT SEPARATION/OUT PROCESS) Alderman Jim Reed presented a Resolution amending Section 2.21 of the Personnel and Procedures Manual for the City of Springdale, Arkansas, pertaining to Employment Separation/Out Process. RESOLUTION NO. A RESOLUTION AMENDING SECTION 2.21 OF THE PERSONNEL AND PROCEDURES MANUAL FOR THE CITY OF SPRINGDALE, ARKANSAS WHEREAS, Section 2.21 of the Personnel and Procedures Manual for the City of Springdale, Arkansas, contains the policy on employment separation/out process; WHEREAS, the policy on the employment separation/out process is in need of revision and clarification; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS, that:

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Section 1: Section 2.21 of the Personnel and Procedures Manual for the City of Springdale, Arkansas is hereby amended to read as follows: 2.21 Employment Separation/out process: Types of employment separation: a.

Employee Service Retirement: Voluntary termination after having satisfied the age and length of employment requirements of the applicable retirement system of which the employee is a member.

b.

Disability Retirement: Voluntary termination necessitated by an injury or illness which renders the employee incapable of performing his/her usual job. The termination is preceded by a memo/letter from the employee to the department head advising of the disability ruling, date of termination, supporting documentation and a ruling by the appropriate retirement board approving the disability retirement.

c.

Employee Initiated Resignation: Voluntary termination for any reason other than formal retirement. An employee wanting to leave the City in good standing shall provide a written resignation to his/her immediate supervisor at least 14 calendar days prior to the effective date of resignation. The resignation letter should include the reason for leaving, as well as the proposed effective date. Two weeks notice (and 4 weeks notice in the case of department heads) is understood to mean that the resigning employee will be available for work during this time so a.~ to aid in the training of a replacement, if necessary.

d.

Layoff: Termination of an employee by the City for lack of work, lack of funds, or other changes that have taken place effecting the job. In layoff, recall, and filling regular job vacancies for non-civil service positions, the City shall give equal consideration to an employee's ability and performance of the duties required in the job and consideration to an employee's length of continuous service with the City in the classification. In applying this provision, where qualifications, experience, and performance are equal, seniority shall govern. Every effort will be made for transfers to other departments when a position is open for which the employee qualifies. The City shall provide an employee with at least two weeks advanced notification prior to layoff, except in case of an emergency. A non-civil service employee on layoff must keep the City informed of the address and telephone number where he/she can be contacted. If the City is unable to contact the employee within seven calendar days, the City's obligation to recall the employee shall cease. The City shall have no obligation to recall an employee after he/she has been on continuous layoff for a period which exceeds one year. Should the employee not return to work when recalled, the City shall have no further obligation to recall him/her. Civil service employees are governed by Civil Service Rules and Regulations in regard to layoff and recall.

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e.

Dischargefl'ermination of Employment by City: This separation of employment is when the employment relationship is terminated by the City. EXIT INTERVIEW: The department head should ask the employee if they would like to participate in an exit interview. If the employee so chooses, the employee should contact the Human Resources Department to schedule an exit interview prior to the last day of employment. Temporary employees do not participate in the exit interview process unless information can be gained which will improve or enhance present employment conditions. The department head should immediately notify the Human Resources Department and the payroll accountant of the employee's separation date, via a memo or email. The employee shall receive pay for work performed through the last hour worked, and for unused benefits as stipulated by policy and laws governing such payments. Befefe the fift&l payeheek is issaed te the e~BjJie:yee, the e~BjJleyee sllall be feE!tliled te tam aU City eEtlJipmtmt iB te the departmeat head, and eomplete the~ ifttefview. FailvFe sy the elftJ'Ieyee te prepedy eemplete this preeedl:lfe may FeSt:ilt in delay ef feeeipt ef the fiftal payeheek. The official date of termination will be the last day the employee reports for work. Termination pay shall be reduced by any authorized legal deductions; authorized pension plan; credit union; United Way for the pay period involved; Bn¥ ameoots e .ved te the Citv that ha·;e Bet beeB .t'Baiti emBlevee iBeludHii!: east ef eitv eslliBmeBt eF .&&""" .... B'"l ILIJ the """.&.&.&fi.&VJ¥'tttt1' ooiferms that ha~re Ret betm fetamed by the ellljJleyee; and any other amounts specifically agreed upon emily eF in writing by the employee and the City. 7

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Benefits continue through the time actually worked by the employee, including any days "worked" from accumulated vacation and compensatory time. If such time takes the employee through the 16th day of the month, health care will continue through the last day of the month. For those employees who are not retiring, monies accumulated in the employee's retirement account are refundable. Forms required to request this refund are available in the Human Resources Department. Section 2: All other provisions of Section 2 of the Personnel and Procedures Manual for the City of Springdale, Arkansas, not specifically modified herein shall remain in full force and effect. PASSED AND APPROVED this _ _ day of February, 2017. Doug Sprouse, Mayor ATIEST: Denise Pearce, City Clerk

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APPROVED AS TO FORM: Ernest B. Cate, City Attorney Alderman Reed moved the Resolution be adopted. Alderman Evans made the second. The vote: Yes:

Reed, Jaycox, Culver, Fulfer, Lawson, Evans

No:

None

The Resolution was numbered 14-17. THREE AGENDA ITEMS TABLED 12-a. A Resolution certifying the need for additional taxicab services in the City of Springdale, Arkansas, pursuant to Chapter 122 of the Code of Ordinances for the City of Springdale, Arkansas. 12-b. A Public Hearing on a Taxicab Operator Permit application filed by Thimotee Liboudo. 12-c. A Resolution approving an application for a Taxicab Operator Permit filed by Thimotee City Attorney Ernest Cate requested that above agenda items (12 a, band c) be tabled until the February 28th City Council meeting to make sure adequate notifications are sent out as required by city ordinance. Alderman Evans made the motion to table all three items until the February 28th City Council meeting. Alderman Jaycox made the second. The vote: Yes:

Jaycox, Culver, Fulfer, Lawson, Evans, Reed

No:

None

ORDINANCE NO. 5144- AUTHORIZING THE CITY CLERK TO FILE A CLEANUP LIEN FOR THE REMOVAL OF OVERGROWN BRUSH AND DEBRIS ON PROPERTY LOCATED WITHIN THE CITY OF SPRINGDALE. WASHINGTON COUNTY. ARKANSAS City Attorney Ernest Cate presented an Ordinance authorizing the City Clerk to file a clean-up lien for the removal of overgrown brush and debris on the following properties located within the City of Springdale, Washington County, Arkansas. 3378 Brian St. (#815-31642-000) 546 Yeager Rd. (#815-33678-100) After reading the title of the Ordinance, Alderman Reed moved the Ordinance "Do Pass". Alderman Lawson made the second. The vote: Yes:


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No:

None

Alderman Evans moved the Emergency Clause be adopted. Alderman Jaycox made the second. The vote: Yes:


No:

None

The Ordinance was numbered 5143. PLANNING COMMISSION WORK SESSION Public Relations Director Melissa Reeves announced there will be a Planning Commission work session next Tuesday, February 21, 2017, at 5:30p.m. to discuss Fonn Based Codes. ADJOURNMENT Alderman Jaycox made the motion to adjourn. Alderman Evans made the second. After a voice vote of all ayes and no nays, the meeting adjourned at 6:25 p.m.

Doug Sprouse, Mayor

Denise Pearce, City Clerkffreasurer

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RESOLUTION NO._ __ A RESOLUTION APPROVING THE REAPPOINTMENT OF TERRY MCCONNNEL TO THE SPRINGDALE WATER & SEWER COMMISSION WHEREAS, the Springdale City Council adopted Ordinance No. 3592, thereby establishing a five-member board of Water and Sewer Commissioners; and WHEREAS, Terry McConnell's term on the Springdale Water & Sewer Commission will expire on March 6, 20 17; and WHEREAS, Arkansas Code 14-234-304 provides that ''the remammg commissioners shall appoint a successor for an eight-year term, subject to the approval of two-thirds (2/3) of the duly elected and qualified members of the city council", and WHEREAS, the remaining members of the Springdale Water & Sewer Commission have appointed Terry McConnell to serve his third term on said commission, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS that the reappointment of Terry McConnell to the Springdale Water & Sewer Commission, with a term expiration date of March 6, 2025, is hereby approved.

PASSED AND APPROVED this

day of February, 2017.

Doug Sprouse, Mayor ATTEST:

Denise Pearce, City Clerk APPROVED AS TO FORM:

Ernest Cate, City Attorney

\0 ,..... ~

RESOLUTION NO.

1-17

A RESOLUTION TO REAPPOINT TERRY MCCONNELL TO THE SPRINGDALE WATER AND SEWER COMMISSION WHEREAS, it has come to the attention of the Springdale Water and Sewer Commission that Terry McConnell's term on the commission will expire on March 6, 2017; and WHEREAS, remaining members of the Springdale Water and Sewer Commission are charged with the responsibility under state law to appoint a successor, subject to the approval of the City Council of the City of Springdale, Arkansas; and WHEREAS, the remaining members of the Springdale Water and Sewer Commission have a desire to reappoint Teny McConnell for another term on the Springdale Water and Sewer Commission, said term to expire on March 6, 2025; and WHEREAS, Terry McConnell has offered his willingness to serve another term on the Springdale Water and Sewer Commission; NOW THEREFORE, BE IT HEREBY RESOLVED BY THE REMAINING MEMBERS OF THE WATER AND SEWER COMMISSION OF THE CITY OF SPRINGDALE, ARKANSAS, that Terry McConnell be reappointed to serve a term on the Water and Sewer Commission that will expire on March 6, 2025. BE IT FURTHER RESOLVED that the reappointment of Terry McConnell is recommended for approval by the City Council of the City of Springdale, Arkansas. PASSED AND APPROVED this

!L day of

JANUARY

.

, 2017.

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C£4.~ c~ ~ Chris G. Weiser, Chair

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City of Springdale Application Form For appointment to City Boards, Commissions, and Committees

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Are you a Springdale Registered Voter?

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Please check al1 boards/commissions/authorities that you are interested ir~ seNing A & P Commission Airport Commission Civil SeNice Comm

Library Board

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NWA Conservation Dist. Authority NWA XNA Reg. Airport Authority Planning Commission Public Facilities Board

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Ark. Code. Ann.l21-l-70l requires the followlnc persons sltall file a written Statement of Flllandlllnterest. The Statement or Flnandallnterest for tJ!eprevlous Clllendar year shall be ftled by Janu"IY 31st of each ye1r by the following boards or ~:ammiulam;: Adverttslnc & Promatlon

Com million, Airport Commission. ClviiSetvlce Commission, Plel\nil!l Commlsslall, Wahlr It s-er Comrnlsslon.

If you have any questions you may contact the Mayor's Office at 479·750-8114 ar by email: rlawrencedPsprlngdalear.IDV

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RESOLUTION NO. _ _ A RESOLUTION APPROVING A CONDITIONAL USE AT 12975 KELLY ROAD AS SET FORTH IN ORDINANCE NO. 4030

WHEREAS, Ordinance #4030 amending Chapter 130 (Zoning Ordinance) of the Springdale Code of Ordinance provides that an application for a conditional use on appeal must be heard first by the Planning Commission and a recommendation made to the City Council; and WHEREAS, the Planning Commission held a public hearing on February 7, 2017, on a request by Vera Lewis for a Tandem Lot Split. WHEREAS, following the public hearing the Planning Commission by a vote of Seven (7) yes and one (1) no and recommends that a conditional use be granted with the follow conditions- Septic system approval on the lots created. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPRINGDALE, that the City Council hereby grants a conditional use to Vera Lewis with the following conditions - Septic system approval on the lots created.

PASSED AND APPROVED THIS

DAY OF

, 2017.


Denise Pearce, City Clerk

APPROVED AS TO FORM:


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FILE NO. C17-01 APPLICANT: VERA LEWIS _._ ............ ~....._ . . . . . . • tfl"'!4 •

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CITY OF SPRINGDALE PLANNING OFFICE ...........

RESOLUTION NO. _ _ A RESOLUTION APPROVING A CONDITIONAL USE AT DIRECTLY WEST OF 2300 S. 40TH STREET, SOUTH OF CLARK AVENUE AS SET FORTH IN ORDINANCE NO. 4030 WHEREAS, Ordinance #4030 amending Chapter 130 (Zoning Ordinance) of the Springdale Code of Ordinance provides that an application for a conditional use on appeal must be heard first by the Planning Commission and a recommendation made to the City Council; and WHEREAS, the Planning Commission held a public hearing on February 7, 2017, on a request by Springdale Water and Sewer Commission for a Use Unit 33 (Selfsupporting tower, antenna structure or monopole) in an Agricultural District (A-1 ). WHEREAS, following the public hearing the Planning Commission by a vote of eight (8) yes and zero (0) no and recommends that a conditional use be granted with no conditions set. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPRINGDALE, that the City Council hereby grants a conditional use to Springdale Water and Sewer with no conditions set.


DAY OF

, 2017.





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FILE NO. C17-02 APPLICANT: SPRINGDALE WATER a. SEWER COMMISSION CONDITIONAL USE REOUE~~ IJ~F IIN1T ':l':l

CITY OF SPRINGDALE PLANNING OFFICE PLANNING COMMISSION MEETING FFRAIIAAV '7'n-f ')n1 "7

ORDINANCE NO. _

_

AN ORDINANCE AMENDING ORDINANCE NO. 3307 THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SPRINGDALE, ARKANSAS, AND THE PLAT PERTAINING THERETO BY REZONING CERTAIN LANDS FROM AGRICULTURAL DISTRICT (A-1) TO LOW DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT (SF-3) AND DECLARING AN EMERGENCY WHEREAS, the Planning Commission of the City of Springdale, Arkansas, Benton County, gave notice required by law and set a hearing date of February 7, 2017 for hearing the matter of a petition of Jesse and Samantha Barnes requesting that the following described tract of real estate be zoned from Agricultural District (A-1) to Low Density Single Family Residential District (SF-3). Layman's Description: 3558 Downum Rod Legal Description: A part of the North Half of the SW 1/4 of Section 20, T-18-N, R-30-W, in Benton County, Arkansas, and being more particularly described as commencing at theSE comer of the SW 1/4 of the SW 1/4: thence N89°04'15" W along the South line of Section 20, a distance of 659.90 feet; thence N00°06'40" W, a distance of 1862.47 feet; thence S89°05'14" E, a distance of 330.63 feet; thence N00°06'40" W, a distance of 329.15 feet thence S88°56'1 0" E, a distance of 159.41 feet to the POINT OF BEGINNING: thence S88°56'1 O"E, a distance of 500.00 feet; thence 800°06'40" E, a distance of 61 .68 feet; thence N89°05'14" W, a distance of 499.97 feet; thence N00°06'4011 W, a distance of 63.00 feet to the POINT OF BEGINNING; said described tract containing 0.72 acres, more or less. AND WHEREAS, after notice as required by law, the Springdale Planning Commission held a hearing and after hearing arguments for and against such rezoning, recommends to the Springdale City Council that the area described herein should be rezoned from Agricultural District (A-1) to Low Density Single Family Residential District (SF-3) for the purposes of that Zoning Ordinance would be more properly carried out by such rezoning, and that unless granted, citizens of Springdale will suffer irreparable harm

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and damage, and will be substantially deprived of the use of their property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SPRINGDALE, ARKANSAS: SECTION 1: That Ordinance No. 3307, the Amendments thereto, and the Zoning Plat pertaining thereto of the City of Springdale, Arkansas, should be and the same is amended as follows: From Agricultural District (A-1) to Low Density Single Family Residential District (SF-3).

SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 3: EMERGENCY CLAUSE: It is hereby declared that an emergency exists and this ordinance, being necessary for the preservation of the health, safety and welfare of the citizens of Springdale Arkansas, shall be in effect immediately upon its passage and approval.


DAY OF

, 2017

--------------------------Doug Sprouse, Mayor ATTEST:



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FILE NO. R17-05 APPLICANT: JESSE a. SAMANTHA BARNES REZONING REQUEST: A-1 TO SF-3·

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CITY OF SPRINGDALE PLANNING OFRCE PLANNING COMMISSION MEETING FEBRUARY 7TH, 2017

ORDINANCE NO. _ _ AN ORDINANCE AMENDING ORDINANCE NO. 3307 THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SPRINGDALE, ARKANSAS, AND THE PLAT PERTAINING THERETO BY REZONING CERTAIN LANDS FROM HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT (MF-24)TO GENERAL COMMERCIAL DISTRICT (C-2) AND DECLARING AN EMERGENCY WHEREAS, the Planning Commission of the City of Springdale, Arkansas, Washington County, gave notice required by law and set a hearing date of February 7, 2017 for hearing the matter of a petition of Dabun Properties, LLC requesting that the following described tract of real estate be zoned from High Density Multi-family Residential District (MF-24) to General Commercial District (C-2). Layman's Description: W. side of property located at 4000 Johnson Road Legal Description: A part of the Northeast 1/4 of the Northeast 1/4 of Section 15, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows, to-wit: beginning at a point which is South 954.9 feet and North 89°54'20" West 342.84 feet from the Northeast corner of the Northeast 1/4 of the Northeast 1/4 of said Section 15, thence South 00°04'21" West 175.82 feet; thence North 89°52'58" West 400.00 feet; thence North 00°04'22" East 175.66 feet; thence South 89°54'20" East 400.00 feet to the point of beginning, containing 1.61 acres more or less. LESS AND EXCEPT all that part of the above described 1.61 acres contained in the following tract of land: Part of the East Half (E1/2) of the Northeast Quarter (NE1/4) of Section Fifteen (15), Township Seventeen (17) North, Range Thirty (30) West, described as follows: Beginning at the Northwest corner of said 80 acre tract, and running thence South 1980 feet, thence East 1320 feet, thence North 477 feet, thence West 742.5 feet, thence North 528 feet, thence East 742.5feet, thence North 51 feet, thence West 660 feet; thence North 924 feet, thence West 660 feet to the point of beginning.

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AND WHEREAS, after notice as required by law, the Springdale Planning Commission held a hearing and after hearing arguments for and against such rezoning, recommends to the Springdale City Council that the area described herein should be rezoned from High Density Multi-family Residential District (MF-24) to General Commercial District (C-2) for the purposes of that Zoning Ordinance would be more properly carried out by such rezoning, and that unless granted, citizens of Springdale will suffer irreparable harm and damage, and will be substantially deprived of the use of their property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SPRINGDALE, ARKANSAS: SECTION 1: That Ordinance No. 3307, the Amendments thereto, and the Zoning Plat pertaining thereto of the City of Springdale, Arkansas, should be and the same is amended as follows: From High Density Multi-family Residential District (MF-24) to General Commercial District (C-2).

SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 3: EMERGENCY CLAUSE: It is hereby declared that an emergency exists and this ordinance, being necessary for the preservation of the health, safety and welfare of the citizens of Springdale Arkansas, shall be in effect immediately upon its passage and approval.


DAY OF

, 2017




Ernest Cate, City Attorney 2

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1/27/2017

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FILE NO. R17·07 APPLICANT: DABUN PROPERnES, LLC REZONING REQUEST: MF-24 TO C-2

CITY OF SPRINGDALE PLANNING OFRCE PLANNING COMMISSION MEETING FEBRUARY 7TH, 2017

ORDINANCE NO. _ _ AN ORDINANCE AMENDING ORDINANCE NO. 3307 THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SPRINGDALE, ARKANSAS, AND THE PLAT PERTAINING THERETO BY REZONING CERTAIN LANDS FROM LOW/MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT (MF-4) TO GENERAL COMMERCIAL DISTRICT (C-2) AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission of the City of Springdale, Arkansas, Washington County, gave notice required by law and set a hearing date of February 7, 2017 for hearing the matter of a petition of Dewitt Bank and Trust Co. requesting that the following described tract of real estate be zoned from low/Medium Density Multifamily Residential District (MF-4) to General Commercial District (C-2). Layman's Description: Washington County Parcel #815-29844-000 and Parcel #815-29840-000 Legal Description: A part of the Northwest Quarter of the Southeast Quarter of Section 34, Township 18 North, Range 30 West of the Fifth Principal Meridian, City of Springdale, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of the Norwest Quarter of the Southeast Quarter of said Section 34, said point being a found aluminum monument .. LS1032"; thence along the west line of said NW 1/4 of theSE 1/4 S02°34'22" W a distance of 335.54 feet to the point of beginning; thence leaving West line, S87~5'02" E a distance of 395.12 feet to a found 5/8.. rebar; thence 502°34'29.. W a distance of 318.67 feet to a found iron pin with cap "Gary Denzer AR 1266'•; thence S87°24·or E a distance of 80.04 feet to a found concrete monument; thence 502°40'01" W a distance of 658.84 feet to a found concrete monument; thence N85°35'06" W a distance of 474.31 feet to the west line of said NW 1/4 of the SE 1/4, a found 5/8" rebar bearing 885°35'06" E a distance of 2.92 from said point; thence along said west line N02°34'22"E a distance of

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962.37 feet to the point of beginning; containing 9.99 acres-435,015 sq. ft. more or less.

AND WHEREAS, after notice as required by law, the Springdale Planning Commission held a hearing and after hearing arguments for and against such rezoning, recommends to the Springdale City Council that the area described herein should be rezoned from Low/Medium Density Multi-family Residential District (MF-4) to General Commercial District (C-2) for the purposes of that Zoning Ordinance would be more properly carried out by such rezoning, and that unless granted, citizens of Springdale will suffer irreparable harm and damage, and will be substantially deprived of the use of their property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SPRINGDALE, ARKANSAS: SECTION 1: That Ordinance No. 3307, the Amendments thereto, and the Zoning Plat pertaining thereto of the City of Springdale, Arkansas, should be and the same is amended as follows: From Low/Medium Density Multi-family Residential District (MF-4) to General Commercial District (C-2). SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

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SECTION 3: EMERGENCY CLAUSE: It is hereby declared that an emergency exists and this ordinance, being necessary for the preservation of the health, safety and welfare of the citizens of Springdale, Arkansas shall be in effect immediately upon its passage and approval.


DAY OF

2017




Ernest Gate, City Attorney 2

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