Office of the City Clerk-Treasurer 301 W. Chestnut Rogers, Arkansas 72756 479-621-1117· (Fax) 479-936-5401 COMMITTEE SCHEDULE

Office of the City Clerk-Treasurer 301 W. Chestnut Rogers, Arkansas 72756 479-621-1117· (Fax) 479-936-5401 www.rogersar.gov COMMITTEE SCHEDULE

TO: MAYOR CITY COUNCIL DEPARTMENT HEADS PRESS

FROM: PEGGY DAVID, CITY CLERK-TREASURER

DATE: November 21, 2017

The following committee meeting will be held on Tuesday, November 28, 2017 prior to the City Council meeting:

5:45 p.m. – COMMUNITY ENVIRONMENT & WELFARE COMMITTEE: (Carmichael, Townzen and Hayes) Committee Room #1 To (a) An Ordinance Authorizing the City Clerk to File a Clean-Up Lien for the Discuss: Removal of Overgrown Brush and Debris on Property Located within the City of Rogers

5:45 p.m. – FINANCE COMMITTEE: (Reithemeyer, Wolf & Kendall) Committee Room #2 To Discuss: (a) A Resolution Amending the 2017 Budget to Provide Additional Compensation to City Employees; Appropriating $176,976 from General, Street, and Airport Reserves to Various Accounts (b) A Resolution Adopting the “City of Rogers 2018 Budget”; Appropriating Funds and Authorizing Expenditures for Items Included Within the “City of Rogers 2018 Budget” (c) An Ordinance Authorizing the Adoption of Certain Provisions of the City of Rogers 2018 Budget

6:00 p.m. – PUBLIC WORKS COMMITTEE: (Townzen, Wright and Kendall) Committee Room #1 To (a) Monthly Report from RWU Discuss:

6:00 p.m. – PUBLIC SAFETY COMMITTEE (Wolf, Kruger, & Carmichael) Committee Room #2 To Discuss: (a) ORD. Amending the City of Rogers Code of Ordinances to Establish Building Codes and a Use Classification For “Tiny Houses”

6:15 p.m. – TRANSPORTATION COMMITTEE: (Kruger, Carmichael, Townzen) Committee Room #1 To Discuss: (a) A Resolution Authorizing a Contract with the Walton Family Foundation to Accept Grant Funds in the Amount of $805,668.00; Amending 2017 Budget in the Amount of $805,668.00 to Acct. #100-08-45600; Appropriating $805,668.00 to Acct. #100-08-84511; Authorizing the Mayor to Enter into Agreements Necessary for the Design of Frisco Park (b) A Resolution Authorizing a Contract Amendment with Crossland Heavy Contractors for Construction Services of the Monte Ne Road Realignment to Include Construction of Water and Sewer (c) A Resolution Relocating an Access Easement to City Property; Vacating Certain Land Rights; Accepting a Donation of a New Access Easement Over Parcel #02-08471-000 and #02-08471-003 (d) An Ordinance Vacating an Easement Over Certain Lands at North Valley West Drive (e) A Resolution Amending the 2017 Budget; Appropriating $22,200 from Airport Fund Reserves into Acct. #315-15-81137; Authorizing a Contract Amendment with Garver LLC, of North Little Rock, AR

Office of the City Clerk-Treasurer 301 W. Chestnut Rogers, Arkansas 72756 479-621-1117· (Fax) 479-936-5401 www.rogersar.gov

ROGERS CITY COUNCIL

AGENDA

NOVEMBER 28, 2017

6:30 P.M.

PUBLIC FORUM:

INVOCATION & PLEDGE OF ALLEGIANCE:

ROLL CALL:

ACTION ON MINUTES: November 14, 2017

REPORTS OF BOARDS AND STANDING COMMITTEES:

1. RES. Re: Authorizing a Contract with the Walton Family Foundation to - Transportation Accept Grant Funds in the Amount of $805,668.00; Amending Committee 2017 Budget in the Amount of $805,668.00 to Acct. #100-08- 45600; Appropriating $805,668.00 to Acct. #100-08-84511; Authorizing the Mayor to Enter into Agreements Necessary for the Design of Frisco Park

2. RES. Re: Authorizing a Contract Amendment with Crossland Heavy - Transportation Contractors for Construction Services of the Monte Ne Road Committee Realignment to Include Construction of Water and Sewer

3. RES. Re: Relocating an Access Easement to City Property; Vacating - Transportation Certain Land Rights; Accepting a Donation of a New Access Committee Easement Over Parcel #02-08471-000 and #02-08471-003

4. ORD. Re: Vacating an Easement Over Certain Lands at North Valley - Transportation West Drive Committee

ROGERS CITY COUNCIL AGENDA

NOVEMBER 28, 2017

PAGE 2

5. RES. Re: Amending the 2017 Budget; Appropriating $22,200 from - Transportation Airport Fund Reserves into Acct. #315-15-81137; Committee Authorizing a Contract Amendment with Garver LLC, of North Little Rock, AR

6. ORD. Re: Authorizing the City Clerk to File a Clean-Up Lien for - Community the Removal of Overgrown Brush and Debris on Environment & Property Located within the City of Rogers Welfare Committee

7. ORD. Re: Amending City Code to Establish Building Codes and a - Public Safety Use Classification for “Tiny Houses” Committee

8. RES. Re: Amending the 2017 Budget to Provide Additional - Finance Compensation to City Employees; Appropriating Committee $176,976 from General, Street, and Airport Reserves to Various Accounts

9. RES. Re: Adopting the “City of Rogers 2018 Budget”; - Finance Appropriating Funds and Authorizing Expenditures for Committee Items Included Within the “City of Rogers 2018 Budget”

10. ORD. Re: Authorizing the Adoption of Certain Provisions of the - Finance City of Rogers 2018 Budget Committee

OLD BUSINESS:

NEW BUSINESS:

1. ORD. Re: Rezone A-1 to RSF, 5.10 Acres at 1995 S. Wallis Road - Geoff Bates (Blevins Family Farms)

2. ORD. Re: Rezone from C-2 to I-1, 7.54 Acres at the SW Corner of - Nate Bachelor W. Stave Mill Road (Burkeen and Vandeusen, LLC)

3. ORD. Re: Accepting the Final Plat of Chandler Run Subdivision, - Blake Murray Phase 1

4. ORD. Re: Rezone from N-R to R-O, 0.26 Acres at 1204 W. New - Dustin Riley Hope Road (Marcelina Hernandez) ROGERS CITY COUNCIL AGENDA

NOVEMBER 28, 2017

PAGE 3

APPOINTMENTS:

ANNOUNCEMENTS:

RESOLUTION NO. R-17-______

A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE WALTON FAMILY FOUNDATION TO ACCEPT GRANT FUNDS FROM THE FOUNDATION IN AMOUNTS UP TO EIGHT HUNDRED FIVE THOUSAND SIX HUNDRED AND SIXTY-EIGHT DOLLARS ($805,668.00); AMENDING THE 2017 BUDGET TO RECEIVE GRANT FUNDS IN THE AMOUNT UP TO EIGHT HUNDRED FIVE THOUSAND SIX HUNDRED AND SIXTY-EIGHT DOLLARS ($805,668.00) INTO REVENUE ACCOUNT # 100-08-45600 GRANTS AND DONATIONS; APPROPRIATING EIGHT HUNDRED FIVE THOUSAND SIX HUNDRED AND SIXTY-EIGHT DOLLARS ($805,668.00) FROM REVENUE ACCOUNT # 100-08-45600 GRANTS AND DONATIONS INTO EXPENSE ACCOUNT #100-08-84511 FRISCO PARK; AUTHORIZING THE MAYOR TO ENTER AGREEMENTS NECESSARY FOR THE DESIGN OF FRISCO PARK; AND FOR OTHER PURPOSES.

WHEREAS, the City of Rogers desires to redesign, update, and improve Frisco Park and surrounding open space in downtown Rogers between Walnut Street and Pine Street and 1st Street and Arkansas Street along the rail line; and

WHEREAS, the Walton Family Foundation has approved a grant in the amount up to eight hundred five thousand six hundred sixty-eight dollars ($805, 668.00) to the City of Rogers to be used for the design of Frisco Park project;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS THAT:

Section 1: The Mayor may enter into a contract with the Walton Family Foundation to accept grant funds in the amount up to eight hundred five thousand six hundred sixty-eight dollars ($805, 668.00);

Section 2: Grant funds in the amount of up to eight hundred five thousand six hundred sixty- eight dollars ($805, 668.00) may be received into Revenue Account # 100-08-45600 Grants and Donations;

Section 3: Eight hundred five thousand six hundred sixty-eight dollars ($805,668.00) is appropriated from Revenue Account # 100-08-45600 Grants and Donations into Expense Account # 100-08-84511 Frisco Park;

Section 4: The Mayor may execute all agreements necessary for design, or other necessary work, for or attendant to the Frisco Park project;

Section 5: The Mayor’s duly authorized representative may execute agreements necessary for or attendant to the Frisco Park project for which the contract amount does not exceed twenty thousand dollars ($20,000.00);

Section 6: Severability Provision. If any part of this Resolution is held invalid, the remainder of this Resolution shall continue in effect as if such invalid portion never existed; and

Section 7: Repeal of Conflicting Resolutions. All resolutions or orders of the City Council, or parts of resolutions or orders of the City Council, in conflict with this Resolution are repealed to the extent of such conflict.

PASSED this ______day of ______, 2017.

APPROVED:

______C. GREG HINES, Mayor Attest:

______PEGGY DAVID, City Clerk

Requested By: John McCurdy, Director of the Department of Community Development Prepared By: Jennifer Waymack, Senior Staff Attorney For Consideration by the Transportation Committee

RESOLUTION NO. R-17-______

A RESOLUTION AUTHORIZING THE MAYOR TO ENTER A CONTRACT AMENDMENT WITH CROSSLAND HEAVY CONTRACTORS, FOR CONSTRUCTION SERVICES OF THE MONTE NE ROAD REALIGNMENT TO INCLUDE THE CONSTRUCTION OF WATER AND SEWER; AND FOR OTHER PURPOSES.

WHEREAS, the City of Rogers currently has a contract with Crossland Heavy Contractors for the construction of the Monte Ne Road Realignment;

WHEREAS, as the project has progressed, it has become necessary to add water and sewer relocation to the construction contract; and

WHEREAS, Rogers Water Utilities will reimburse the City of Rogers for the cost of the relocation incurred under this contract amendment;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS THAT:

Section 1: The Mayor may enter a contract amendment with Crossland Heavy Contractors for construction services of the Monte Ne Road Realignment in an amount not to exceed twenty-eight thousand four hundred eighty-five dollars ($28,485.00);

Section 2: Severability Provision. In the event that any section, paragraph, subdivision, clause, phrase, or other provision or portion of this Resolution shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this Resolution as a whole, or any part or provision, other than the part so decided to be invalid or unconstitutional, and the remaining provisions of this Resolution shall be construed as if such invalid, unenforceable or unconstitutional provision or provisions had never been contained herein.

Section 3: Repeal of Conflicting Resolutions. All resolutions of the City Council, or parts of resolutions of the City Council in conflict herewith are hereby repealed to the extent of such conflict.

RESOLVED this ______day of ______, 2017.

APPROVED:

______C. GREG HINES, Mayor Attest:

______PEGGY DAVID, City Clerk

Requested by: John McCurdy, Director, Department of Community Development Prepared by: Jennifer A. Waymack, Senior Staff Attorney For Consideration by the Transportation Committee RESOLUTION NO. R-17______

A RESOLUTION RELOCATING AN ACCESS EASEMENT TO CITY PROPERTY; VACATING CERTAIN LAND RIGHTS; ACCEPTING A DONATION OF A NEW ACCESS EASEMENT OVER PARCEL NUMBERS 02-08471-000 AND 02-08471-003; AND FOR OTHER PURPOSES.

WHEREAS, the City of Rogers currently holds various easements across Parcel Numbers 02-00877-000 and 02-08471-002 on North Valley West Drive which are used to access and maintain portions of the trail system owned and maintained by the City. This easement has been depicted on a series of plats and replats of the Valley West Subdivision in the City of Rogers and also depicted in the final plat of Valley West Townhomes in the Valley West Subdivision which final plat is recorded at Book 2006 Page 188 in the property records of Benton County. These relevant legal documents are attached as Exhibit “A”;

WHEREAS, the owners of the parcels containing the easements currently held by the City of Rogers have requested to grant to the City a new access easement over Parcel Numbers 02-08471-000 and 02-08471-003 on North Valley West Drive, and that the City vacate the current easement over the other two parcels. The new easement grant is attached as Exhibit “B”;

WHEREAS, City staff has reviewed the request and assisted the owners in identifying a new location that is sufficient for the access and maintenance needs of the City of Rogers; and

WHEREAS, the City’s limited land use rights have a value of less than twenty thousand dollars ($20,000.00);

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS THAT:

Section 1: The Mayor or his duly authorized representative may accept an access easement over Parcel Numbers 02-08471-000 and 02-08471-003 on North Valley West Drive;

Section 2: The City of Rogers hereby vacates any easement, grant, right-of-way, “proposed future street”, or other legal interest in Parcel Numbers 02-00877-000 and 02-08471- 002;

Section 4: Severability Provision- If any part of this Resolution is held invalid, the remainder of this Resolution shall continue in effect as if such invalid portion never existed; and

Section 5: Repeal of Conflicting Resolutions- All resolutions or orders of the City Council, or parts of resolutions or orders of the City Council, in conflict with this Resolution are repealed to the extent of such conflict.

RESOLVED this ______day of ______, 2017.

APPROVED:

______C. GREG HINES, Mayor

Attest:

______PEGGY DAVID, City Clerk

Prepared By: Jennifer Waymack, Senior Staff Attorney For Consideration by the Transportation Committee ORDINANCE NO. 17-______

AN ORDINANCE VACATING AN EASEMENT OVER CERTAIN LANDS AT NORTH VALLEY WEST DRIVE; AND FOR OTHER PURPOSES

WHEREAS, City staff has reviewed the request and assisted the owners in identifying a new location that is sufficient for the access and maintenance needs of the City of Rogers; and

WHEREAS, the City’s limited land use rights have a value of less than twenty thousand dollars ($20,000.00);

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS THAT:

Section 1: The City of Rogers hereby vacates any easement, grant, right-of-way, “proposed future street”, or other legal interest in Parcel Numbers 02-00877-000 and 02-08471- 002;

Section 2: The need to vacate is immediate and in order to protect the public peace, health, safety and welfare an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from the date of its passage and approval;

Section 3: Severability Provision. If any part of this Ordinance is held invalid, the remainder of this Ordinance shall continue in effect as if such invalid portion never existed; and

Section 4: Repeal of Conflicting Provisions. All ordinances, resolutions or orders of the City Council, or parts of the same, in conflict with this Ordinance are repealed to the extent of such conflict.

PASSED this ______day of ______, 2017.

APPROVED:

______C. GREG HINES, Mayor Attest:

______PEGGY DAVID, City Clerk

Prepared By: Jennifer Waymack, Senior Staff Attorney For Consideration by the Transportation Committee

RESOLUTION NO. R17______

A RESOLUTION AMENDING THE CITY OF ROGERS 2017 BUDGET; APPROPRIATING THE SUM OF TWENTY-TWO THOUSAND TWO HUNDRED DOLLARS ($22,200.00) FROM AIRPORT FUND RESERVES INTO CAPITAL EXPENSE PROJECT ACCOUNT #315-15-81137; AUTHORIZING THE MAYOR TO ENTER A CONTRACT AMENDMENT WITH GARVER, LLC. OF NORTH LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.

WHEREAS, the City of Rogers Executive Airport conducts periodic planning studies to review infrastructure capacity and identify and assess improvements needed to support present and future aircraft requirements; and

WHEREAS, Garver, LLC is the consultant of record for the Rogers Executive Airport and will provide planning services as required;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS THAT:

Section 1: The sum of twenty-two thousand two hundred dollars ($22,200.00) is appropriated from Airport Fund Reserves into Capital Expenditures Project 37 Account Number 315- 15-81137;

Section 2: The Mayor may enter into a contract amendment with Garver, LLC for planning services in an amount not to exceed twenty-two thousand two hundred dollars ($22,200.00);

Section 3: Severability Provision. If any part of this Ordinance is held invalid, the remainder of this Ordinance shall continue in effect as if such invalid portion never existed; and

PASSED this ______day of ______, 2017.

APPROVED:

______C, GREG HINES, Mayor Attest:

______PEGGY DAVID, City Clerk

Requested By: David Krutsch, Airport Manager Prepared By: Jennifer Waymack, Senior Staff Attorney For Consideration by the Transportation Committee

ORDINANCE NO. ______

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 ROGERS, BENTON COUNTY, ARKANSAS.

WHEREAS, the following real property located in Rogers, Benton County, Arkansas, is owned as follows:

PROPERTY OWNER: Kendall Wright [BILLING INFORMATION: Corelogic Commercial Tax Services] LEGAL DESCRIPTION: Part of the E1/2 of the SE ¼ of the NW1/4 of Section 26, Township 19 North, Range 30 West described as follows: Beginning at the NE corner of the SE1/4 pf the NW1/4; thence West 660 feet; thence South 330 feet to the point of beginning. Except 20 feet on the West side for Public Road and subject to County Road on the East side thereof.

LAYMAN’S DESCRIPTION: 2510 South Dixieland Road, Rogers, Benton County, Arkansas PARCEL NO.: 02-02087-205

WHEREAS, the owner was given notice, pursuant to Ark. Code Ann. §14-54-903, of the unsightly and unsanitary conditions on the property described above, and instructed to clean the property in accordance with Sections 18-94 of the Rogers Code of Ordinances (As shown in Exhibits A1-A6):

WHEREAS, the property owner of record did not abate the situation on this property, and as a result, the City of Rogers was required to abate the conditions on this property and incurred cost as follows, and as shown in the attached Exhibits (as shown in Exhibit B):

$ 200.00 mobilization fee $400.00 clean-up costs $ 23.01 certified mail fee $ 15.00 filing fee costs TOTAL: $ 638.01

WHEREAS, the property owner has been given at least 30 days written notice of the public hearing in accordance with Ark. Code Ann. §14-54-903, (as shown in Exhibit C); and

WHEREAS, Ark. Code Ann. §14-54-904 authorizes the City Council to assert a clean- up lien on this property to collect the amounts expended by the City in cleaning up the property;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS THAT;

Section 1: Pursuant to Ark. Code Ann. §14-54-904, the City Council of the City of Rogers, Arkansas certifies that the following real property is subject to a valid municipal clean- up lien which shall be placed on the tax books of the Benton County Tax Collector as delinquent taxes and collected accordingly:

$ 638.01, plus 10% for collection –2510 South Dixieland Road Parcel 02- 02087-205

Section 2: Emergency Clause: The need to clean up the property is immediate and in order to protect the public peace, health, safety, and welfare an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from the date of its passage and approval;

Section 3: Severability Provision- If any part of this Ordinance is held invalid, the remainder of this Ordinance shall continue in effect as if such invalid portion never existed; and

Section 4: Repeal of Conflicting Provisions- All ordinances, resolutions or orders of the City Council, or parts of the same, in conflict with this Ordinance are repealed to the extent of such conflict.

PASSED this ______day of ______, 2017.

APPROVED:

______C. GREG HINES, Mayor Attest:

______PEGGY DAVID, City Clerk

Prepared By: Jennifer Waymack, Senior Staff Attorney For Consideration by the Community Environment & Welfare Committee

ORDINANCE NO. 17-______

AN ORDINANCE AMENDING THE CITY OF ROGERS CODE OF ORDINANCES TO ESTABLISH BUILDING CODES AND A USE CLASSIFICATION FOR “TINY HOUSES”; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.

WHEREAS, the language in the Code of Ordinances of the City of Rogers needs updated to reflect appropriate building code specifications for “Tiny Houses”;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS THAT:

Section 1: The City of Rogers, Code of Ordinances, is amended to add an additional section, Sec. 10-36, to read as follows in the attached Exhibit “A”;

Section 2: Subdivision 14-695(b)(1)(k.) of the City of Rogers, Code of Ordinances, is amended to read as follows in the attached Exhibit “B”;

Section 2: Emergency Clause- The need to amend the City Code is immediate and in order to protect the public peace, health, safety and welfare an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from the date of its passage and approval;

Section 3: Severability Provision- If any part of this Ordinance is held invalid, the remainder of this Ordinance shall continue in effect as if such invalid portion never existed; and

PASSED this ______day of ______, 2017.

APPROVED:

______C. GREG HINES,Mayor Attest:

______PEGGY DAVID, City Clerk

Requested By: Tom Jenkins, Fire Chief and John McCurdy, Director of the Department of Community Development Prepared By: Jennifer Waymack, Senior Staff Attorney For consideration by the Public Safety Committee

EXHIBIT “A” Sec. 10-36. – Tiny houses. (a) This section shall be applicable to tiny houses used as single dwelling units. Tiny houses shall comply with this code except as otherwise stated in this section. If the provisions of this section conflict with the most recent version of the International Building Code of 2012, the International Building Code of 2012 shall apply. (b) As used in this section: (1) “Egress roof access window” means a skylight or roof window designed and installed to satisfy the emergency escape and rescue opening requirements in Section R310.2 of the International Residential Code of 2012; (2) “Landing platform” means a landing provided as the top step of a stairway accessing a loft; (3) “Loft” means a floor level located more than thirty (30) inches above the main floor and open to it on at least one side with a ceiling height of less than six feet eight inches (6' 8”), used as a living or sleeping space; and (4) “Tiny house” means a dwelling that is four hundred (400) square feet or less in floor area excluding lofts. (c)(1) Minimum ceiling height. Except as provided in subdivision (c)(2) of this section, habitable space and hallways in tiny houses shall have a ceiling height of not less than six feet eight inches (6' 8”). Bathrooms, toilet rooms, and kitchens shall have a ceiling height of not less than six feet four inches (6' 4”). Obstructions shall not extend below these minimum ceiling heights including beams, girders, ducts, lighting and other obstructions. (2) Exception: Ceiling heights in lofts are permitted to be less than six feet eight inches (6' 8”). (f)(1) Minimum loft area and dimensions. Lofts used as a sleeping or living space shall meet the minimum area and dimension requirements of subsections (f)(2) through (f)(4) of this section. (2) Minimum area. Lofts shall have a floor area of not less than thirty-five (35) square feet. (3) Minimum dimensions. Lofts shall be not less than five (5) feet in any horizontal dimension. (4)(A) Height effect on loft area. Except as provided in subdivision (f)(4)(B) of this section, portions of a loft with a sloping ceiling measuring less than three (3) feet from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft. (B) Exception: Under gable roofs with a minimum slope of six to twelve (6:12), portions of a loft with a sloping ceiling measuring less than sixteen (16) inches from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft.

(5) Loft access. The access to and primary egress from lofts shall be any type described in subsections (f)(6) through (f)(17) of this section. (6) Stairways. Stairways accessing lofts shall comply with International Building Code of 2012 or with subsections (f)(7) through (f)(11) of this section. (7) Width. Stairways accessing a loft shall not be less than 17 inches (432 mm) in clear width at or above the handrail. The minimum width below the handrail shall be not less than 20 inches (508 mm). (8) Headroom. The headroom in stairways accessing a loft shall be not less than 6 feet 2 inches (1880 mm), as measured vertically, from a sloped line connecting the tread or landing platform nosings in the middle of their width. (9) Treads and risers. Risers for stairs accessing a loft shall be not less than seven (7) inches and not more than twelve (12) inches in height. Tread depth and riser height shall be calculated in accordance with one of the following formulas: (A) The tread depth shall be twenty (20) inches minus 4/3 of the riser height, or (B) The riser height shall be fifteen (15) inches minus 3/4 of the tread depth. (10) Landing platforms. The top tread and riser of stairways accessing lofts shall be constructed as a landing platform where the loft ceiling height is less than six feet two inches (6' 2”) where the stairway meets the loft. The landing platform shall be eighteen (18) inches to twenty-two (22) inches in depth measured from the nosing of the landing platform to the edge of the loft, and sixteen (16) to eighteen (18) inches in height measured from the landing platform to the loft floor. (11) Handrails. Handrails shall comply with Section R311.7.8 of the International Residential Code of 2012. (12) Stairway guards. Guards at open sides of stairways shall comply with Section R312.1 of the International Residential Code of 2012. (13) Ladders. Ladders accessing lofts shall comply with subdivision (f)(6) of this section. (14) Size and capacity. Ladders accessing lofts shall have a rung width of not less than twelve (12) inches and ten (10) inches to fourteen (14) inches spacing between rungs. Ladders shall be capable of supporting a two-hundred (200) pound load on any rung. Rung spacing shall be uniform within three-eights (3/8) inch. (15) Incline. Ladders shall be installed at seventy (70) to eighty (80) degrees from horizontal. (16) Alternating tread devices. Alternating tread devices accessing lofts shall comply with Sections R311.7.11.1 and R311.7.11.2 of the International Residential Code of 2012. The clear width at and below the handrails shall be not less than twenty (20) inches. (17) Ships ladders. Ships ladders accessing lofts shall comply with Sections R311.7.12.1 and R311.7.12.2 of the International Residential Code of 2012. The clear width at and below handrails shall be not less than twenty (20) inches.

(18) Loft Guards. Loft guards shall be located along the open side of lofts. Loft guards shall not be less than thirty-six (36) inches in height or one-half (½) of the clear height to the ceiling, whichever is less. (g)(1) Emergency Escape and Rescue Openings AV105.1 General. Except as provided in subdivision (g)(2) of this section tiny houses shall meet the requirements of Section R310 of the International Residential Code of 2012 for emergency escape and rescue openings. (2) Exception: Egress roof access windows in lofts used as sleeping rooms shall be deemed to meet the requirements of Section R310 of the International Residential Code of 2012 where installed such that the bottom of the opening is not more than forty- four (44) inches above the loft floor, provided the egress roof access window complies with the minimum opening area requirements of Section R310.2.1 of the International Residential Code of 2012. (h)(1) Addressing. Tiny houses shall have a minimum addressing with a height of four (4) inches and a five eights inch (5/8”) brush stroke and retroreflective. (2) Community Addressing. Tiny house communities shall be addressed with one common vanity address with individual suite numbers for houses. (3) Systematic Community Addressing. Tiny house communities shall be address systematically with the first address starting at the first lot on the left hand side of the entrance and shall continue clockwise. The numbering system shall consist of the outer perimeter shall be numbered first, followed by the inner perimeter. (4)(A) Tiny house community. Except as provided in subdivision (h)(4)(B) of this section, new tiny house communities shall have a monument sign at the entrance with of the community with a diagram depicting the plat with address numbers. Address numbers on the plat shall be shall a minimum of three inches (3”) in height and a one-half inch (1/2”) brush stroke. (B) Exception: In the opinion of the code official any existing community that has a configuration that would impede emergency response of public safety, shall be required to meet this requirement. (5)(A) Emergency access. Except as provided in subdivision (h)(5)(B) of this section, tiny houses shall meet the requirements of Volume I of the Arkansas Fire Prevention Code and City of Rogers Ordinances as they pertain to emergency access and signage. (B) Exception: Emergency access shall meet the following requires if there is a NFPA 13D Residential Fire Sprinkler System and a five pound ABC fire extinguisher installed in one-hundred percent (100%) of all tiny houses and accessory structures: (i) Allowable dwelling units on a single access road increase to no more than ninety-nine (99); (ii) Fire department access road allowed to be reduced to fifteen feet (15') in width. (iii) Single fire department access road allowed to be increased to a maximum of two-hundred and fifty-five feet (250'); and

(iv) Grade of fire department access road allowed to increase to a fifteen percent (15%).

Exhibit “B”

k. Single-Family Residential is a secondary use classification encompassing buildings containing one dwelling unit located on a single lot. Single-Family Residential includes without limitation tiny houses as defined by Sec. 10-36 of the City of Rogers, Code of Ordinances.

RESOLUTION NO. R-17- ______

A RESOLUTION AMENDING THE CITY OF ROGERS 2017 BUDGET TO PROVIDE FOR ADDITIONAL COMPENSATION TO CITY EMPLOYEES; APPROPRIATING THE SUM OF ONE HUNDRED SEVENTY-SIX THOUSAND NINE HUNDRED SEVENTY-SIX DOLLARS ($176,976.00) FROM GENERAL, STREET, AND AIRPORT RESERVES TO VARIOUS ACCOUNTS; AND FOR OTHER PURPOSES.

WHEREAS, the Mayor and City Council appreciate the hard work and dedication of each employee of the City of Rogers as this commitment has contributed greatly to the continued economic and social advancement of the City and its citizens; and

WHEREAS, it is in the best interest of the City of Rogers to reward that hard work and dedication, and encourage its continuance;

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS THAT:

Section 1: The Mayor may make a one-time gross payment of three hundred dollars ($300.00) to each city employee who was employed with the City of Rogers on November 15, 2017;

Section 2: One hundred seventy-six thousand nine hundred seventy-six dollars ($176,976.00) is appropriated from General Reserves, Street Reserves, and Airport Fund Reserves to the following accounts in the following amounts to make the payments authorized by this Resolution:

General Fund Reserves in the amount of one hundred sixty-six thousand six hundred ninety-four dollars ($166,694.00) to Salaries and Wages, FICA Expense, Retirement APERS, and Retirement LOPFI;

Street Fund Reserves in the amount of nine thousand one hundred eighty dollars ($9,180.00) to Salaries and Wages, FICA Expense, and Retirement APERS; and

Airport Fund Reserves in the amount of one thousand one hundred two dollars ($1,102) to Salaries and Wages, FICA Expense, and Retirement APERS;

Section 3: The amounts designated to the accounts in Section 2 of this Resolution are further approved to be appropriated as detailed in the description of accounts attached as Exhibit “A” to this Resolution;

Section 4: Severability Provision. If any part of this Resolution is held invalid, the remainder of this Resolution shall continue in effect as if such invalid portion never existed; and

Section 5: Repeal of Conflicting Resolutions. All resolutions or orders of the City Council, or parts of resolutions or orders of the City Council, in conflict with this Resolution are repealed to the extent of such conflict.

PASSED this ______day of ______, 2017. APPROVED:

______C. GREG HINES, Mayor Attest: ______PEGGY DAVID, City Clerk

Requested By: C. Greg Hines, Mayor Prepared By: Jennifer Waymack, Senior Staff Attorney For Consideration by the Finance Committee

Exhibit “A”

As of 11/15/2017

RESOLUTION NO. 17-______ATTACHEMENT "A"

Salaries and Wages 100-01-60105 3,900 Salaries and Wages 100-13-60105 3,000 FICA Expense 100-01-61150 298 FICA Expense 100-13-61150 230 Retirement APERS 100-01-61155 575 Retirement APERS 100-13-61155 443

Salaries and Wages 100-02-60105 2,700 Salaries and Wages 100-17-60105 1,800 FICA Expense 100-02-61150 207 FICA Expense 100-17-61150 138 Retirement APERS 100-02-61155 398 Retirement APERS 100-17-61155 266

Salaries and Wages 100-03-60105 42,300 Salaries and Wages 100-18-60105 3,900 FICA Expense 100-03-61150 3,236 FICA Expense 100-18-61150 298 Retirement APERS 100-03-61155 1,726 Retirement APERS 100-18-61155 575 Retirement LOPFI 100-03-61165 7,038 Salaries and Wages 100-68-60105 1,800 Salaries and Wages 100-04-60105 37,200 FICA Expense 100-68-61150 138 FICA Expense 100-04-61150 2,846 Retirement APERS 100-68-61155 266 Retirement APERS 100-04-61155 177 Retirement LOPFI 100-04-61165 8,280 GENERAL FUND TOTAL 166,694 Salaries and Wages 100-06-60105 12,000 FICA Expense 100-06-61150 918 Salaries and Wages 200-16-60105 7,500 Retirement APERS 100-06-61155 1,770 FICA Expense 200-16-61150 574 Retirement APERS 200-16-61155 1,106 STREET FUND Salaries and Wages 100-07-60105 600 TOTAL 9,180 FICA Expense 100-07-61150 46 Retirement APERS 100-07-61155 89 Salaries and Wages 315-15-60105 900 FICA Expense 315-15-61150 69 Salaries and Wages 100-08-60105 12,600 Retirement APERS 315-15-61155 133 AIRPORT FUND FICA Expense 100-08-61150 964 TOTAL 1,102 Retirement APERS 100-08-61155 1,859

Salaries and Wages 100-09-60105 1,500 FICA Expense 100-09-61150 115 Retirement APERS 100-09-61155 221

Salaries and Wages 100-10-60105 2,700 TOTAL 176,976 FICA Expense 100-10-61150 206 Retirement APERS 100-10-61155 398

Salaries and Wages 100-11-60105 2,700 FICA Expense 100-11-61150 207 Retirement APERS 100-11-61155 398

RESOLUTION NO. R-17______A RESOLUTION ADOPTING THE “CITY OF ROGERS 2018 BUDGET”; APPROPRIATING FUNDS AND AUTHORIZING EXPENDITURES FOR ITEMS INCLUDED WITHIN THE “CITY OF ROGERS 2018 BUDGET”; AND FOR OTHER PURPOSES. WHEREAS, the efficient operation of the city government of the City of Rogers, Arkansas requires that a budget be planned and adopted by the Mayor and City Council;

WHEREAS, the Mayor, in consultation with the staff, the department head of each city department, and the public has proposed a comprehensive budget for calendar and budget year 2018 for the City of Rogers;

WHEREAS, the City Council of the City of Rogers has made a comprehensive review and analysis of the proposed City of Rogers 2018 Budget;

WHEREAS, the City Council finds that the City of Rogers 2018 Budget (attached as Exhibit “A”) accurately reflects the estimated revenues and expenditures for the 2018 budget year; and

WHEREAS, the Mayor and City Council continue to comply with Arkansas Code Annotated, § 14-58-201, et seq. concerning the process for adoption and amendment of the City of Rogers 2018 Budget;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS THAT:

Section 1: The City of Rogers 2018 Budget (attached as Exhibit “A) is adopted;

Section 2: The respective funds and assigned account numbers for each category of revenue and expenditure proposed in the City of Rogers 2018 Budget (attached as Exhibit “A”) are adopted and appropriated;

Section 3: The Mayor or his duly authorized representative may enter into a contract or agreement for any item approved within the City of Rogers 2018 Budget valued at less than twenty thousand dollars ($20,000.00);

Section 4: The Mayor or his duly authorized representative may approve or disapprove any payment of funds appropriated by this Resolution;

Section 5: Severability Provision. If any part of this Resolution is held invalid, the remainder of this Resolution shall continue in effect as if such invalid portion never existed; and Section 6: Repeal of Conflicting Resolutions. All resolutions or orders of the City Council, or parts of resolutions or orders of the City Council, in conflict with this Resolution are repealed to the extent of such conflict.

PASSED this ______day of ______, 2017. APPROVED:

______C. GREG HINES, Mayor Attest: ______PEGGY DAVID, City Clerk

Requested By: C. Greg Hines, Mayor and Casey Wilhelm, Director of Finance Prepared By: Jennifer Waymack, Senior Staff Attorney For Consideration by the Finance Committee

ORDINANCE NO. 17-______

AN ORDINANCE AUTHORIZING THE ADOPTION OF CERTAIN PROVISIONS OF THE CITY OF ROGERS 2018 BUDGET; PROVIDING FOR THE EMERGENCY CLAUSE; AND FOR OTHER PURPOSES

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS:

Section 1: The portions of the City of Rogers 2018 Budget, as adopted by Resolution No. R17-____, that are required by state law to be adopted by ordinance are hereby adopted;

Section 2: That the need to adopt the City of Rogers 2018 Budget is immediate and in order to protect the public peace, health, safety and welfare an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from the date of its passage and approval;

Section 3: Severability Provision. If any part of this Ordinance is held invalid, the remainder of this Ordinance shall continue in effect as if such invalid portion never existed; and

PASSED this ______day of ______, 2017.

APPROVED:

______C. GREG HINES, Mayor Attest:

______PEGGY DAVID, City Clerk

Prepared By: Jennifer Waymack, Senior Staff Attorney For Consideration by: the Finance Committee

ORDINANCE NO. ______CITY OF ROGERS, ARKANSAS

AN ORDINANCE AMENDING ROGERS CODE SECTION 14-675 BY RE-ZONING CERTAIN LANDS FROM A-1 TO RSF, PROVIDING FOR THE EMERGENCY CLAUSE AND FOR OTHER PURPOSES

WHEREAS, pursuant to the provisions of Rogers Code Section Rogers Code Section 14-725, et seq, and upon the consideration of the report and recommendations of the Planning Commission of the City of Rogers, Benton County, Arkansas, the City Council has found that certain lands hereinafter described are better suited for RSF than A-1 zoning.

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS:

SECTION 1: That Section 14-675 of the code of Ordinances, City of Rogers, should be and the same hereby is amended as hereinafter provided.

SECTION 2: That the land hereinafter described should be and the same is hereby zoned as RSF and that said lands being in Benton County, Arkansas, are described as:

Legal Description for parcel #02-14174-004;

Beginning at the Northwest Corner of the West Half of the Northwest Quarter of the Northeast Quarter of Section 32, Township 19 North, Range 30 West, Benton County Arkansas. thence S87°12'31"E 669.62'; thence S02°42'16"W 331.96'; thence N87°11'01"W 669.25'; thence N02°38'24"E 331.67' to the Point of Beginning, Containing an area of 222,128.17 square feet, or 5.10 acres, more or less. Subject to all easements of Record or fact.

LAYMAN'S DESCRIPTION: 1995 S. Wallis Road, Rogers, Arkansas.

SECTION 3: That it is necessary to bring proposed uses of the property into conformance with the Rogers City Zoning Ordinances and because of such an emergency is declared to exist and in order to protect the public peace, health, safety and welfare, this ordinance shall be in full force and effect from the date of its passage and approval.

Section 4: Severability Provision- In the event that any section, paragraph, subdivision, clause, phrase, or other provision or portion of this Ordinance shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this Ordinance as a whole, or any part or provision, other than the part so decided to be invalid or unconstitutional, and the remaining provisions of this Ordinance shall be construed as if such invalid, unenforceable or unconstitutional provision or provisions had never been contained herein.

Section 5: Repeal of Conflicting Ordinances and Resolutions- All ordinances, resolutions or orders of the City Council, or parts of ordinances, resolutions or orders of the City Council in conflict herewith are hereby repealed to the extent of such conflict.

PASSED THIS ______DAY OF , 2017.

ROGERS, ARKANSAS

APPROVED: ATTEST:

______PEGGY DAVID, CLERK C. GREG HINES, MAYOR

ORDINANCE NO. ______CITY OF ROGERS, ARKANSAS

AN ORDINANCE AMENDING ROGERS CODE SECTION 14-675 BY RE-ZONING CERTAIN LANDS FROM C-2 TO I-1, PROVIDING FOR THE EMERGENCY CLAUSE AND FOR OTHER PURPOSES

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS:

SECTION 1: That Section 14-675 of the code of Ordinances, City of Rogers, should be and the same hereby is amended as hereinafter provided.

SECTION 2: That the land hereinafter described should be and the same is hereby zoned as I-1 and that said lands being in Benton County, Arkansas, are described as:

PART OF THE NW 1/4 OF THE NW 1/4. OF SECTION 6, TOWNSHIP 19 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BENTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NW CORNER OF SAID NW 1/4 OF THE NW 1/4; THENCE SOUTH 00 DEGREES 09 MINUTES 00 SECONDS WEST 788.09 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 40 SECONDS EAST 204.04 FEET TO A SET IRON PIN; THENCE NORTH 00 DEGREES 24 MINUTES 32 SECONDS EAST 103.14 FEET TO A FOUND 5/8” REBAR; THENCE SOUTH 88 DEGREES 58 MINUTES 06 SECONDS WEST 155.38 FEET TO A FOUND 1/2” REBAR AT A POINT ON THE EAST RIGHT-OF-WAY LINE OF ROUTE 62; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1429.30 FEET AND AN ARC LENGTH OF 273.47 FEET AND A CHORD BEARING OF NORTH 12 DEGREES 07 MINUTES 40 SECONDS EAST A DISTANCE OF 273.05 FEET TO A SET IRON PIN AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1429.30 AND AN ARC LENGTH OF 401.27 FEET AND A CHORD BEARING OF NORTH 25 DEGREES 39 MINUTES 04 SECONDS EAST A DISTANCE OF 399.96 FEET TO A SET IRON PIN; THENCE NORTH 33 DEGREES 41 MINUTES 38 SECONDS EAST 73.05 FEET TO A SET RAILROAD SPIKE; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE NORTH 89 DEGREES 57 MINUTES 43 SECONDS EAST 680.69 FEET TO THE WEST RIGHT-OF-WAY LINE OF THE ARKANSAS/MISSOURJ RAILROAD RIGHT-OF-WAY AND A SET RAILROAD SPIKE; THENCE SOUTH 06 DEGREES 25 MINUTES 32 SECONDS WEST ALONG SAID WEST RAILROAD RIGHT-OF-WAY LINE 336.90 FEET TO A FOUND 5/8 REBAR; THENCE SOUTH 04 DEGREES 49 MINUTES 58 SECONDS WEST 88.62 FEET TO A SET IRON PIN; THENCE LEAVING SAID WEST RAILROAD RIGHT-OF-WAY LINE NORTH 89 DEGREES 54 MINUTES 40 SECONDS WEST 849.19 FEET TO THE POINT OF BEGINNING, AND BEING SHOWN AS TRACT “B” ON PLAT RECORD 2002-352.

LAYMAN'S DESCRIPTION: South side of West Stave Mill Road, east of North 2nd Street, and west of the railroad tracks.

PASSED THIS ______DAY OF , 2017.

ROGERS, ARKANSAS

APPROVED: ATTEST:

______PEGGY DAVID, CLERK C. GREG HINES, MAYOR

ORDINANCE NO. _____

CITY OF ROGERS, ARKANSAS

AN ORDINANCE ACCEPTING THE FINAL PLAT OF CHANDLER RUN SUBDIVISION, PHASE 1 ROGERS, BENTON COUNTY, ARKANSAS, THE DEDICATION OF UTILITY EASEMENTS AND OTHER PUBLIC WAYS THEREIN; AND DECLARING AN EMERGENCY

WHEREAS, the Final Plat has been submitted for Chandler Run Subdivision, Phase 1, Rogers, Benton County Arkansas which is more particularly described as follows, to-wit:

PROPERTY DESCRIPTION: A PART OF LOTS 21, 22 AND 23 OF THE GROVE PHASE II, AS SHOWN IN THE BENTON COUNTY RECORDS IN BOOK 2007 AT PAGE 447, CITY OF ROGERS, BENTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 21 OF SAID GROVE SUBDIVISION, SAID POINT BEING A FOUND 5/8” REBAR; THENCE S86°50'35”E A DISTANCE OF 1,271.62 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SOUTH DIXIELAND ROAD, SAID POINT BEING A FOUND 5/8” REBAR; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, S02°33'01”W A DISTANCE OF 352.25 FEET TO A SET IRON PIN WITH CAP “PLS 1156”; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE, N87°26'59”W A DISTANCE OF 93.93 FEET TO A SET IRON PIN WITH CAP “PLS 1156”; THENCE N02°33'55”E A DISTANCE 9.52 FEET TO A SET IRON PIN WITH CAP “PLS 1156”; THENCE N87°26'59”W A DISTANCE OF 70.00 FEET TO A SET IRON PIN WITH CAP “PLS 1156”; THENCE N02°33'55”E A DISTANCE OF 15.01 FEET TO A SET IRON PIN WITH CAP “PLS 1156”; THENCE N87°26'59”W A DISTANCE OF 70.00 FEET TO A SET IRON PIN WITH CAP “PLS 1156”; THENCE N02°33'55”E A DISTANCE OF 10.20 FEET TO A SET IRON PIN WITH CAP “PLS 1156”; THENCE N87°26'59”W A DISTANCE OF 854.63 FEET TO A SET IRON PIN WITH CAP “PLS 1156”; THENCE S82°22'00”W A DISTANCE OF 50.80 FEET TO A SET IRON PIN WITH CAP “PLS 1156”; THENCE N87°26'59”W A DISTANCE OF 133.67 FEET TO A SET IRON PIN WITH CAP “PLS 1156”; THENCE N02°39'50”E A DISTANCE OF 339.98' FEET TO THE POINT OF BEGINNING. CONTAINING 9.63 ACRES (419,588 SQ.FT.), MORE OR LESS.

WHEREAS, the City Council finds that said Final Plat is in conformance with the Ordinances of the City f Rogers, Arkansas; and

WHEREAS, the City Council finds that it is in the best interest of the citizens of Rogers, Arkansas that said Final Plat be approved and the dedication of the utility easements and other public was be accepted and confirmed;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS:

SECTION 1: The Final Plat of Chandler Run Subdivision, Phase 1, Rogers, Benton County, Arkansas, as described in the Plat thereof, is hereby accepted, approved and confirmed.

SECTION 2: All dedication of utility easements and other public ways as set forth in the Plat are hereby accepted by the City. The Mayor and City Clerk are authorized and directed to certify the aforesaid approval and acceptance upon the face of the Plat.

SECTION 3: As the facilities to be constructed within this subdivision will promote the economy of the City and will promote the public health and welfare, an emergency is declared to exist and this Ordinance shall be in full force and effect from and after the date of its passage.

SECTION 4: Severability Provision- In the event that any section, paragraph, subdivision, clause, phrase, or other provision or portion of this Ordinance shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this Ordinance as a whole, or any part or provision, other than the part so decided to be invalid or unconstitutional, and the remaining provisions of this Ordinance shall be construed as if such invalid, unenforceable or unconstitutional provision or provisions had never been contained herein.

PASSED: ______, 2017

CITY OF ROGERS, ARKANSAS

APPROVED:

______C. GREG HINES, MAYOR

ATTEST:

______PEGGY DAVID, CITY CLERK

ORDINANCE NO. ______CITY OF ROGERS, ARKANSAS

AN ORDINANCE AMENDING ROGERS CODE SECTION 14-675 BY RE-ZONING CERTAIN LANDS FROM N-R TO R-O, PROVIDING FOR THE EMERGENCY CLAUSE AND FOR OTHER PURPOSES

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF ROGERS, ARKANSAS:

SECTION 1: That Section 14-675 of the code of Ordinances, City of Rogers, should be and the same hereby is amended as hereinafter provided.

SECTION 2: That the land hereinafter described should be and the same is hereby zoned as R-O and that said lands being in Benton County, Arkansas, are described as:

LOT 3A NEW HOPE ACRES A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 19 NORTH, RANGE 30 WEST, BENTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PART OF LOT 3, NEW HOPE ACRES, PLAT BOOK H, PAGE 29; BEGINNING AT A HIGHWAY RIGHT OF WAY MONUMENT ON THE EAST RIGHT OF WAY OF SOUTH 13TH STREET AT THE NORTHWEST CORNER OF LOT 3; THENCE ALONG THE RIGHT OF WAY N55°01'32"E 32.10 FEET TO A POINT, THENCE ALONG THE SOUTH RIGHT OF WAY OF NEW HOPE ROAD S86°26'41"E 56.60 FEET TO A POINT, THENCE S02°41'27"W 140.70 FEET TO THE SOUTH LINE OF LOT 3, THENCE ALONG THE SOUTH LINE N87°18'33"W 82.00 FEET TO THE EAST RIGHT OF WAY OF SOUTH 13TH STREET, THENCE ALONG THE EAST RIGHT OF WAY N02°41'27"E 121.94 FEET TO THE POINT OF BEGINNING; CONTAINING ±0.26 ACRES, MORE OR LESS.

LAYMAN'S DESCRIPTION: 1206 W NEW HOPE ROAD

unconstitutional provision or provisions had never been contained herein.

SECTION 5: Repeal of Conflicting Ordinances and Resolutions- All ordinances, resolutions or orders of the City Council, or parts of ordinances, resolutions or orders of the City Council in conflict herewith are hereby repealed to the extent of such conflict.

PASSED THIS DAY OF , 2017.

ROGERS, ARKANSAS

APPROVED: ATTEST:

______PEGGY DAVID, CLERK C. GREG HINES, MAYOR