Homeowners confirmed to stay in Cave Springs after Rogers annexation vote

ROGERS -- November's annexation election successfully annexed portions of land formerly in Cave Springs and some incorporated land, but three families made a last-minute attempt to annex into Cave Springs that was granted.

The City Council officially acknowledged Tuesday the move by Christopher and Cynthia Gregory, Kriston and Maude King, and Josh and Janet Hannay to annex into Cave Springs.

Council Action

Rogers’ City Council met Tuesday night and approved:

• Vacating a portion of Pecan Street.

• Ordering the razing of a structure at 704 W. Olrich St.

• A mutual aid agreement between the Benton County’s Sheriff’s Office and the Rogers Fire Department for the dive rescues.

• Waiving competitive bidding for stun guns for the Police Department.

• Changes to the schedule of uses for the Planning Commission, amending certain provisions concerning zoning.

• Spending $27,802 for employee performance management software for the Human Resource Department.

• Rezoning 7.15 acres at the southwest corner of West Pleasant Grove Road and North Main Street from agricultural to residential.

• Rezoning 6.39 acres at 1019 N. Second St. from commercial to industrial.

Source: Staff Report

"There was some ambiguity in the law," said Mayor Greg Hines. "It created an environment where attorneys from Benton County, the Secretary of State's office, the GIS office and others such as regional planning and utilities offices were weighing in."

Since officials from the two cities and the three families agree with their move to Cave Springs, Hines said the resolution before the council simply states intent and heads off future disputes.

Senior staff attorney Jennifer Waymack said she and Justin Eichmann, Cave Springs' city attorney, agree the move makes sense. The effective date of the residents' petition to annex into Cave Springs was sooner than the date of the Rogers annexation election.

"Before the annexation election, these three were a part of a Cave Springs subdivision that was planned for a Rogers future water utility district, but ... their neighborhood served by water in Cave Springs, and they can hook on right now if they choose," Waymack said during a committee meeting before the council meeting. "It's cost prohibitive. We could run water, but it would be silly."

Waymack said the resolution is only to assist residents in resolving questions surrounding their residency and isn't a legally binding effect. Having a statement of intent helps all parties be on the same page and keeps the matter out of court, she said.

"This will help them know who to go to in terms of paying taxes, where their mailing address is, and have something to guide them," Waymack said.

Alderman Barney Hayes asked whether there was any conflict among the parties, and Waymack said there was none.

Alderwoman Betsy Reithemeyer questioned whether Rogers had been in contact with the three homeowners. Waymack said Cave Springs and its attorney had been and confirmed they were fine with the resolution as it is.

"It was just a unique situation, since it happened the same day as our election," Waymack said. "We don't have any dispute as far as that's concerned."

NW News on 03/28/2018

Upcoming Events