City directors approved the first reading of Ordinance 23-19 during the city board meeting on Tuesday, July 18, which would place the ordinance on the ballot for the general election in November.
Ordinance 23-19 is an annexation ordinance that, if approved by voters, would annex 2,860 into the city of Siloam Springs, according to Senior Planner Ben Rhoads.
"This ordinance allows for annexation ... as you see displayed to Siloam Springs electorate, as well as registered voters in the annexation area to vote on a ballot measure for this November's general election," Rhoads said.
If the ordinance is approved voters will go to the polls on Nov.7 to decide whether the annexation will happen.
Rhoads gave a presentation to the board about the proposed annexation which covers both sides of Davidson Road and the area north of the new WOKA trail. Rhoads also said the acreage would be zoned as R-2 (Residential medium) and the area would not be assigned to a ward until after the election.
Board comments
The directors primarily focused on ensuring the community knew that Ordinance 23-19 was being reviewed by the board.
"I'd like to hear from those who are going to be impacted by this," said Director Mindy Hunt. "Is it possible to get a notice out to everybody so that they are aware of the next two readings?"
Rhoads said city statute states the board must put out a notice in the newspaper before the election, not while the board is reviewing the ordinance.
City directors will have two more readings of this ordinance, which will be read on Aug. 1 and Aug. 15.
"There's no requirement that we mail everyone," Rhoads said. "We do have to identify all the voters within the area. And then that list is given to the election commission."
Director Betsy Blair asked if the property is annexed in would the city become responsible for flooding issues.
Rhoads deferred to City Engineer Kevin Moore who said the city would be taking on any drainage issues that are similar to what the city is facing today. Moore went on to say anything that is a public issue would be looked at.
"For instance, water coming off of a street onto a property in a way it's not supposed to, those would be the type of issues we'd be looking at, anything property owner to property owner," Moore said. "Those would still be civil matters that the city would likely get involved in."
Moore also said a project like Oakcrest Road would be added to the city's project list if it is annexed in.
Director Lesa Rissler agreed with Hunt that it would be proactive to notify the citizens that there are two more readings to the ordinance. She asked if it was cost effective to notify them by mail.
Rhoads said that it probably wouldn't be cost effective since there are over 300 names on the list and the city would have to identify all the mail addresses. Rissler also asked if the city has done any Facebook posts on the matter.
"I would like citizens to be aware that we are having the conversation," Rissler said.
Blair asked if the city could put out Realtor-type signs stating the city is looking at potential annexation.
Director Carol Smiley asked if there were legal requirements of what the city needed to do to notify citizens about the readings.
Moore reminded Smiley that Rhoads said this is done during the period of the election and not when the ordinance is being reviewed by the city board. Rissler stressed the importance of having citizens participate.
"Sometimes citizens know their environment better," Rissler said. "And so that's why I want their input, to hear what they have to say about the environment they live in."
Following some more discussion by the board members of the audience were called up for public comment.
Audience comments
Mark Miller began the public comment by saying he is against the annexation. Miller agrees that notification is important. He said there were about 330 homes in the proposed area to be annexed but 150-something are in the county.
"There's not much of a benefit to existing neighborhoods in the annexation of the city of Siloam Springs," Miller said. "If you look at our utilities in Benton County, I personally use Murray Trash Service. Murray Trash service charges $25.80 a month for up to five bags, 30 pounds a piece. The city charges $27.82 for one trash can for each trash can cost approximately 10% more for less service."
Miller also said his utility bill with Carroll Electric was $144 but would have been $168 if he had city electricity.
"If we use the same amount of electricity every month," Miller said. "It would amount to over $400 a year in additional costs in my electric alone."
Dylan Lee spoke next. He started by first discussing Oakcrest Road saying that he has been told for years that Benton County will fix the road.
He also said that Oakcrest Road was slated to be worked on this year by the county. Lee said representatives from Benton County came out and looked at it. Lee also said the project was most likely going to be delayed.
"You mentioned that it's $18,000 a year for street maintenance," Lee said. "Our project alone, according to the county, was $46,000. Part of the road which is Oakcrest, is deemed a total loss by the GIS map. So that is part of the reason that they have to go back and look at it along with the flooding that covers our road. So $18,000, where is that going to happen?"
Lee also said that it is disheartening because anytime he or others in his neighborhood has dealt with the city over matters like this the city seems to rubber stamp some stuff.
Jeff Farmer asked who was going to represent them and would this create a new ward and require a new board member as well as asking about trash pick up and whether he and his neighbors would have to switch to Siloam Springs to handle their trash.
Mary Powell then asked why there was a need to annex both sides of Davidson Road because the lines drawn on Rhoads' map would divide the subdivision Powell lives in in half.
Powell also wanted to know why there was such a rush to get the annexation passed by the city and what it would change for her and her neighbors.
"I don't see any real benefit being in the city," Powell said. "We have trash pickup. We have police, we have fire, we have ambulance. We have whatever we need."
Two more people spoke before Ray Hines finished out the public input. Hines' question was why this issue needed to be voted on by all citizens when only a handful of people will be intimately affected.
After Hines spoke the board picked the discussion back up.
Board follow-up
Director David Allen answered Hines' question about having all citizens vote on the issue.
"Just because all Siloam citizens can also vote on top of those who are being affected does not mean something's going to pass," Allen said. "That's what happened in 2008 and it failed. And it was because the Planning Commission at the time decided to go well past Dawn Hill."
The 2008 annexation received 1,374 for the annexation and 1,798 against the annexation, according to an article in the Northwest Arkansas Democrat Gazette on Wednesday, Nov. 5, 2008.
Allen said the point was to bring in Dawn Hill Road into the city and the decision came to go beyond Dawn Hill out to Taylor Orchard Road.
Blair asked if there were those brought into the city with large amounts of pets who would have to get rid of some of their pets. Rhoads said that decision would be up to animal control and that some people can be grandfathered in.
Rissler asked what would happen if these people had cattle. Rhoads would have to look into that and get back to the board on that. Mayor Judy Nation asked City Attorney Jay Williams about grandfathering.
Williams said if a farmer had 30 heads of cattle at the time of the annexation he would have to keep 30 and not add more cattle.
"There's nobody in the city that goes around counting heads of cattle," Williams said. "So I mean it might be a complaint that there is somehow they've become a nuisance because there's so many or something, but it's not something that the city is going to be looking to enforce just, by counting heads. I just don't see that happening."
Williams added that the board could set the number of homes grandfathered in by ordinance. Following more discussion, the board voted to place the ordinance on its first reading.
Other board business
City directors also voted on and heard the following items:
Presentations
Introductions of new firefighters.
Consent agenda
Approving the regular meeting minutes for the July 5 city board meeting.
Approving the special-called minutes for the special called city board meeting on July 10.
Approving the dedication of utility easements for the 3900 block of Highway 412 East.
Approving the purchase of a 2023 Kubota Compact Track Loader from Springdale Tractor in the amount of $15,144.
Approving a budget amendment for the purchase of an air conditioner recharging machine in the amount of $7,500.
Approving the dedication of access easement for the 2400 to 2600 block of East Kenwood Street.
Approving a budget amendment for a fuel farm.
Ordinances
Placing Ordinance 23-17 concerning the rezoning of the 400 block of North Progress Avenue from A-1 (Agriculture) to C-2 (Roadway commercial) on its second and third readings and then taking a separate vote to adopt the ordinance.
Placing Ordinance 23-18 regarding the rezoning of the 2600 block of North Country Club Road from R-2 to P-D on its second and third readings and then taking a separate vote to adopt the ordinance.
Resolutions
Tabling Resolution 41-23 concerning Safe Streets for All.
Staff reports
Short-term rentals code update.
Administrator's report.