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03/16/2023 MINUTES WEST MEMPHIS CITY COUNCIL March 16,2023 A regular meeting of the West Memphis City Council was held on Thursday,March 16, 2023,at 5:00 p.m.in the City Council Chambers at City Hall,205 S.Redding,West Memphis,Arkansas. Invocation was given by Pastor,Shirley Jackson followed by the Pledge of Allegiance led by Finance Director,Tori Perry Mayor Marco McClendon called the meeting to order at 5:00 p.m.City Clerk,Patricia Joplin,called the roll.Those presents were Mayor Marco McClendon, City Attorney Michael Stephenson, and Council Members:Gheric Bruce, Tracy Catt, Wayne Croom,Helen Harris,James Holt,Melanie Hutchinson, Willis Mondy,David Murray.and Charles Wheeless Absent was City Treasurer Charlie Suiter Jr.and Councilor Lorraine Mohammed.Also present was Evening Times Reporter Donald Wilburn.Quorum being present Mayor McClendon,proceeded with the meeting. BID OPENINGS: NONE MINUTES: APPROVE OR CORRECT MINUTES OF MARCH 2,2023 Councilor Croom made the motion,seconded by Councilor Mondy,to dispense with the reading of the minutes of March 2,2023,Council Meeting and to approve them as submitted.Upon voice vote,the voting was unanimous to approve. OLD BUSINESS 3RD READING OF AN ORDINANCE ESTABLISHING A SALARY FOR THE POSITION OF MAYOR OF THE CITY OF WEST MEMPHIS,ARICANSAS AND FOR OTHER PURPOSES City Attorney Stephenson read the,ordinance by title only for the THIRD and FINAL time.Councilor Bruce made the motion,seconded by Councilor Mondy to approve the ordinance.There being no discussion.Mayor McClendon asked for a roll call vote.City Clerk,Patricia Joplin called the roll.The roll call vote was as follows: YES: Bruce,Catt,Harris,Holt,Hutchinson,Mondy,Murray, Wheeless NO: Croom ABSTENTION: None ABSENT: Mohammed With 8 Yes votes,1 No vote,0 Abstention votes and 1 absent vote the ordinance was adopted and assigned Ordinance NO.2620. 3RD READING OF AN ORDINANCE TO ESTABLISH NEW COMPENSATION FOR , COUNCIL MEMBERS OF THE CITY OF WEST MEMPHIS AND FOR OTHER PURPOSES City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time.Councilor Murray made the motion,seconded by Councilor Harris,to approve the ordinance.There being no discussion.Mayor McClendon asked for a roll call vote,City Clerk,Patricia Joplin called the roll.The roll call vote was as follows: YES: • Bruce,Harris,Holt,Hutchinson,Mondy,Murray,Wheeless NO: Catt,Croom ABSTENTION: None ABSENT: Mohammed • With 7 Yes votes,2 No votes,0 Abstention vote and 1 absent vote the ordinance was approved.The ordinance was adopted and assigned Ordinance NO.2621. 3"READING OF AN ORDINANCE TO AMEND SECTION 5 OF ORDINANCE NO.2361, SECTION 1 OF ORDINANCE NO.2402 AND SECTION 1 OF ORDINANCE NO.2516 REGARDING THE SALARY FOR THE OFFICE OF CITY CLERIC,AND TO AMEND THE SALARY FOR THE OFFICE OF CITY TREASURER FOR THE CITY OF WEST MEMPHIS, ARKANSAS,AND FOR OTHER PURPOSES City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time.Councilor Bruce made the motion,seconded by Councilor Mondy,to approve the ordinance.There being no discussion.Mayor McClendon asked for a roll call vote,City Clerk,Patricia Joplin called the roll.The roll call vote was as follows: YES: Bruce,Harris,Holt,Hutchinson,Mondy,Murray,Wheeless NO: Catt,Croom ABSTENTION: None ABSENT: Mohammed With 7 Yes votes,2 No votes,0 Abstention vote and 1 absent vote the ordinance was adopted and assigned Ordinance No.2622. Mayor McClendon said that he had a request for the next 4 ordinances to be read out and asked for Planning Supervisor,Marilyn Phelix,and City Inspector Jimmy King to give council an explanation for the request to read out the ordinances. Inspector King said that he would like to see the ordinances read out because the city is in violation for not being current with state requirements.Councilor Catt said that these are State Statutes that are handed down to all the Counties and they are interpreted differently,he felt that it was important to meet with contractors to let them know how the City of West Memphis was going to interpret them and what they needed to do differently going forward before passing the ordinances in order for them to pass inspections.Councilor Cat t said that he would rather teach them before implementing the ordinances.Inspector King said it is not the city's responsibility to teach the contractors,they can only enforce it.Planning Supervisor,Marilyn Phelix,said that is the reason they are trying to get the ordinances adopted,so that they can have a planning session with the contractors to go over the changes and the State will also be present to answer any of their questions.Councilor Catt felt that they should have the meeting first.Councilor Bruce asked if the importance of reading out the ordinance for the third time was because the city is already in violation of not adopting the current Building and Fire Codes and is currently in violation of State requirements.He asked what the penalties were for not being in compliance.Inspector King said there are serious penalties for not being in compliance.Ms.Phelix said it is incumbent upon each contractor to have continuing education to remain current with the State Building and Fire Codes and it is not the city's responsibility to train the contractors,nor are they allowed to train them.Ms.Phelix said what they are doing is to ensure that the city of West Memphis is in compliance with State requirements.Councilor Hutchinson said to her understanding the codes have not been updated and the city needs to adopt the codes in order to be in compliance with State requirements and not face any penalties. Ms.Phelix confirmed that was exactly the case. There being no further discussion. Mayor McClendon asked City Attorney Michael Stephenson to read the ordinances for the second time and the council could decide on rather to read it for the third time or not. 2"READING AN ORDINANCE FOR THE ADOPTION OF THE 2018 ARKANSAS PLUMBING CODE AND THE 2018 ARKANSAS FUEL GAS CODE,WHICH CODES REGULATE THE INSTALLATION,ALTERATION,AND MAINTENANCE OF ALL PLUMBING WITHIN THE CITY OF WEST MEMPHIS;PROVIDING A PENALTY FOR VIOLATIONS OF SAID CODE:REPEALING ALL ORDINANCES IN CONFLICT WITH SAID CODE. 1= -L City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Bruce made the motion,seconded by Councilor Croom,to suspend the rules and place the ordinance on its third reading.Mayor McClendon asked for a roll call vote for the council to vote to read the ordinance for the third time.City Clerk.Patricia Joplin called roll.The roll call vote was as follows: YES: Bruce,Croom Harris,Holt,Hutchinson,Mondy,Murray, Wheeless NO: Catt ABSTENTION: None ABSENT: Mohammed With 8 Yes votes,1 No vote,0 Abstention vote and 1 absent vote the motion to place the four ordinances on the third reading passed. City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time.Councilor Croom made the motion,seconded by Councilor Bruce,to approve the ordinance.Discussion continued:Councilor Catt said that he was going to vote to approve the ordinance,but he felt the procedures had been handled poorly.Mayor McClendon asked Ms.Phelix when they could schedule a meeting with contractors to advise them of the changes in the code. Mr.King said that they would try and schedule a meeting within the next couple of weeks,but it would be dependent upon the availability of the State Contractor.Councilor Catt asked to be notified of the date of the meeting.Mayor McClendon asked for a roll call vote.City Clerk.Patricia Joplin called roll.The roll call vote was as follows: YES: Bruce,Catt,Croom Harris,Holt,Hutchinson,Mondy,Murray, Wheeless NO: None ABSTENTION: None ABSENT: Mohammed With 9 Yes votes,0 No votes,0 Abstention votes and 1 absent vote the motion to place the ordinances on the third reading passed.The ordinance was adopted and assigned Ordinance NO.2623 2ND READING OF AN ORDINANCE ADOPTING THE ARKANSAS INTERNATIONAL BUILDING AND FIRE CODE,2021 EDITION,VOLUME I,II AND III PROVIDING FOR REGULATIONS GOVERNING THE CONSTRUCTION,ALTERATION,REMOVAL, DEMOLITION,EQUIPMENT,USE AND OCCUPANCY,LOCATION,AND MAINTENANCE OF BUILDINGS AND STRUCTURES. City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Bruce made the motion,seconded by Councilor Catt,to suspend the rules and place the ordinance on its third reading.Upon voice vote, voting was unanimous to approve.City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time.Councilor Bruce made the motion,seconded by Councilor Croom,to approve.There being no discussion.Upon voice vote,voting was unanimous to approve. The ordinance was adopted and assigned Ordinance NO.2624 2ND READING OF AN ORDINANCE FOR THE ADOPTION OF THE NATIONAL ELECTRICAL CODE,2023 EDITION,PROVIDING PENALTIES FOR VIOLATIONS OF SUCH REGULATION AND FOR OTHER PURPOSES. City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Bruce made the motion,seconded by Councilor Catt,to suspend the rules and o ' place the ordinance on its third reading.Upon voice vote,voting was unanimous.City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Catt made the motion,seconded by Councilor Bruce,to approve the ordinance.There being no discussion.Upon voice vote,voting was unanimous to approve.The ordinance was adopted and assigned Ordinance NO.2625 2ND READING OF AN ORDINANCE ADOPTING BY REFERENCE THE ARIKANSAS MECHANICAL CODE,2021 EDITION WITH ALL AMENDMENTS AND REVISIONS THEROF,AND FOR OTHER PURPOSES. City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Bruce made the motion,seconded by Councilor Catt,to suspend the rules and place the ordinance on its third reading.Upon voice vote,voting was unanimous.City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Catt made the motion,seconded by Councilor Wheeless,to approve.There being no discussion.Upon voice vote,voting was unanimous to approve.The ordinance was adopted and assigned Ordinance NO.2626 2ND READING OF AN ORDINANCE TO REZONE CERTAIN PROPERTIES IN THE CITY OF WEST MEMPHIS,LOCATED IN TAYLOR-HEMENWAY SUBDIVISION,ON NORTH 7' STREET FROM I-1-C INDUSTRIAL LIGHT CORE DISTRICT TO SC-2,SUBURBAN COMMERCIAL 2 OPEN DISPLAY City Attorney Stephenson read the ordinance by title only for the SECOND time. Councilor Bruce made the motion,seconded by Councilor Catt,to suspend the rules and place the ordinance on its third reading.Upon voice vote,voting was unanimous.City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Croom made the motion,seconded by Councilor Harris to approve.There being no discussion.Upon voice vote,voting was unanimous to approve.The ordinance was adopted and assigned Ordinance NO.2627 Councilor Hutchinson made the motion,seconded by Councilor Mondy,to read 0-1 by title only.Upon voice vote,voting was unanimous. NEW BUSINESS: 0-1 AN ORDINANCE AMENDING ORDINANCE 1290 ESTABLISHING A COMMUNITY DESIGN REVIEW COMMISSION,DEFINING THE DUTIES OF THE COMMISSION, PROVIDING FOR THE APPOINTMENT OF COMMISSIONERS AND FOR OTHER PURPOSES City Attorney Stephenson read the ordinance by title only for the FIRST time.Councilor Catt made the motion,seconded by Councilor Bruce,to further suspend the rules and place the ordinance on its second reading.Upon voice vote,voting was unanimous.City Attorney Stephenson read the ordinance by title only for the SECOND time.City Attorney Stephenson read the ordinance by title only for the THIRD and FINAL time. Councilor Catt made the motion seconded by Councilor Bruce to approve.Discussion followed:Councilor Croom had a question about the title.In the title it says Community Design and Review Commission,but in the body of the ordinance it references Design and Review Board.Councilor Catt said the ordinance was drafted from the original ordinance and he did not change any of the previous wording just the number of members from 9 to 5 members.There being no further discussion.Upon voice vote, voting was unanimous to approve.The ordinance was adopted and assigned Ordinance NO.2628 PERMISSION REQUEST: PERMISSION TO ADD THE DISTRIBUTION OF SOUTHLAND CHARITY DAY MONEY TO THE AGENDA. Councilor Croom made the motion,seconded by Councilor Hutchinson,to add the distribution of Charity Day money to the agenda.Upon voice vote,voting was unanimous.Councilor Mondy wants to donate$250.00 to Promoting Change.Councilor Harris would like to donate$550.00 to the LR Jackson Boy's and Girl's Club and the remaining amount to the Wonder City boys club.Councilor Bruce would like to donate his entire amount to the Wonder City Boy's club.Councilor Croom made the motion, seconded by Councilor Wheeless to approve.Upon voice vote,voting was unanimous to approve. COMMITTEE REPORTS: UTILITY COMMISSION: Councilor Catt Presented the Utility Commission report.The Utility Commission met on March 8,2023.Safety Report there was 1 recordable injury for the month of February.The Fiber update was given by General Manager,Ward Wimbish.The commission will be establishing 4 different committees that will consist of a Search Committee,Building Committee,Project Committee,and Power Committee within the next 60 days and each of those committees will report directly back to the council. AIRPORT COMMISSION: Councilor Croom presented the Airport Commission report. The Airport Commission met on March 16,2023.The commission discussed the Jet A Fuel project,Rebel Services has been sent a notice to procure so they can start ordering materials and preparing the project schedule. CHAMBER COMMITTEE: Councilor Croom presented the Chamber report.The Chamber Committee met on March 8,2023. They reported that the Chamber Banquet this year was a huge success.The Arkansas State Chamber provided information regarding important business information.The Chamber staff is working directly with the Community Development Director,Raymond Whiteside to provide resources to the Community APPOINTMENTS: NONE PRESENTATIONS: NONE ANNOUNCEMENTS: Mayor McClendon asked everyone to be in prayer for Mr.Fredarrious Wilson's family. who lost their loved one.Mr.Fredarrious Wilson was a student at West Memphis High School who was just 18 years old and was brutally and needlessly murdered.His body was found in Mississippi.The mayor said that he is happy to report that all four suspects are in custody. Mayor McClendon addressed the matter of Officer Oliver Johnson who was killed while sitting inside of his home playing with his two daughters.Officer Johnson was struck by a stray bullet that came though his apartment from a drive by shooting incident between gang members.The young man that was convicted and sentenced for killing Officer Johnson,convection has been reversed and dismissed by the Supreme Court. Mr.Donnell Parker is being released from prison after only serving five years out of a two-life sentences plus 835 years.The mayor has already scheduled a meeting to meet with District Attorney,Sonia Fonticiella,to discuss how they can prevent this from ever happening again. Mayor McClendon is asking the community to stand in solidarity with him to address this issue and he will make sure that everyone is made aware of the meeting date and time he is asking for everyone to show a united front. Mayor McClendon commended the West Memphis Police Department for their recent Outreach and Community Engagement event at West Memphis Senior High.The mayor said it was a success with all the elementary schools being a part of it.Theywere able to give out scholarships to 4 deserving students. Councilor Hutchinson asked everyone to be in prayer for Ms.Evelyn Wood's family,Ms. Evelyn Wood passed away.Ms.Wood was a teacher and pillar in the community.Ms. Woods funeral services is scheduled for March 18;'2023.-,>-:: Councilor Mondy asked the Parks Director,Lorenzo Parker,to provide an update of the Hightower Park construction meeting.Mr.Parker said that they met March 2,2023,to go over some logistics for the project,such as where to store the equipment,securing office space in the Roberta Jackson Center and details about the financing.Mr.Parker said that he wanted everyone to know that the funds for Hightower Park are not coming out of the Bond money that they approved.The money will be coming from the Southland money as a result of creative financing by Finance Director,Tori Perry and Mayor McClendon that were able to free up money from the collections of A P and Tourism dollars.Mr.Parker said what that means is more money can go towards Tilden Rogers Park.The tentative start date is May 1,2023.There will be a groundbreaking ceremony. The next scheduled Park Committee meeting will be scheduled via zoom,and anyone interested in attending the meeting via zoom is welcome.There are also 2 commission seats open for the Parks Committee that they are looking to fill. Sr.Deputy city Clerk,Patricia Lane announced that the Summer Arkansas Municipal Conference will be June 14-16 in Little Rock.Everyone will be staying at the Double Tree and all council members'rooms have been reserved,the conference will also be available on zoom for those that do not plan to attend in person. ARDOT will have a Public involvement meeting on April 4,2023,from 4:00 p.m. to 7:00 p.m.it will beheld at the Eugene Woods Civic Center located at 212 West Polk Avenue. They will be discussing the proposed improvements to the I-40/I-55 Hwy 77 interchange in West Memphis,Crittenden County,Arkansas CITIZENS REQUEST: Mrs.Angela Lamar,a resident of 233 Bettis Street West Memphis,Arkansas,signed up to speak before the council but was not present. Mr.Steve Simpson,a resident of 233 Bettis Street West Memphis,Arkansas,signed up to speak before the council but was not present. Ms.Arnett Riley,a resident of 717 S.15th Street,West Memphis,Arkansas,signed up to speak before the council but was not present. Ms.Irish Jackson a resident of 619 S.15th Street West Memphis,Arkansas,signed up to speak before the council but was not present. Having no further business to come before the City Council,Councilor Hutchinson made the motion,seconded by Council Member Harris,to adjourn.Upon voice vote,the voting was unanimous.The meeting adjourned at 5:45 p.m. PASSED and APPROVED this 6th day April 2023. MARCO MCCL DON,MAYOR • ATTEST: 4.-. 2" 6?1761311;') PATRICIA JOPLIN,CITY CLERIC Minutes prepared by,Patricia Lane,Sr.Deputy City Clerk ioF*EST,y,. CITY OF 2s : WEST I MEMPHIS ARKANSAS WEST MEMPHIS PLANNING & DEVELOPMENT 205 South Redding•P.O. Box 1728•West Memphis, Arkansas•72303-1728•(870)732-7620 PLANNING COMMISSION RECOMMENDATIONS Wednesday,March 29, 2023, at 3:30 PM City Council Chambers 205 South Redding Street, West Memphis, Arkansas I. REZONING: A. Rezoning—415 Pine & 411 Pine—Lot 2,2 and the N 1/2 of Lot 4,Block 8, M.L. Thompson 2nd Addition Subdivision - Application Case#Z 02-23 This case is being presented by the applicant or representative. The property is currently zoned MRM Mixed Residential Medium District. The applicant is requesting the Commission consider changing the zoning to MRH Mixed Residential High. After review and discussion, the Planning Commission recommended to approve with conditions the Subdivision Plat for 415 &411 Pine. II. SPECIAL USE PERMIT: Special Use Permit- allow an Auto Wrecker Service and auto storage in Light Industrial Core (I-1C) Zoning District, 514 S 4th -Application Case#SUP- 02-23 This case is being presented by the applicant, A-1's Towing and Hauling for the property located at 514 S 4th. The property is zoned Industrial Light Core (I-1C). The applicant is proposing an Auto Wrecker Service and auto storage. After review and discussion, the Planning Commission recommended to approve with conditions the Special Use Permit for 514 S 4th. WEST MEMPHIS PLANNING COMMISSION COVER SHEET and APPLICATION I. Petition for: REZONE ; SPECIAL USE PERMIT ; or SUBDIVISIONS_, should include one or more of the following: 1. Petition for Comprehensive Plan change and public notice for Comprehensive Plan change. (City will provide sign for posting of property - $25.00 fee for sign.) 2. Public notice for Zone change. (Filing fee of$75.00.) (Proof of notification to property owners within 500 feet of proposed zone change.) (City will provide sign for posting of property -$25.00 fee for sign.) 0Public notice for Special Use Permit. (Filing fee of$50.00.) (City will provide sign for posting of property - $25.00 fee for sign.) 4. When submitting a plat or subdivision, include a cover letter and twenty (20)-(11" x 17") copies of said plat and one (1) electronic (PDF) copy. The plat must be drawn by a Professional Engineer, licensed in the State of Arkansas. (For Preliminary Plat, the fee is $50.00 +$1.00 for each lot.) (Final plat fee is $10.00 + $1.00 per lot.) (Minor lot-split subdivision fee is $10.00.) 5. All applications and public notices should include a street address and legal description. 6. Applications should be presented to the Planning and Development Department at least twenty (20) days prior to the meeting date. (The meeting date is always the last Wednesday in each month, at3:30 PM, unless otherwise notified.) 7. Public notices to be taken to the newspaper so they can be published at least one (1) time, fifteen (15) days prior to the public hearing date. (Notice fee varies by length of advertisement and is the responsibility of the applicant.) (Proof of publication is required prior to the meeting date.) Planning Commission Cover Sheet page two 8. Approval of a Rezone, or Special Use Permit requires an Ordinance be prepared. A Resolution must be prepared for a Comprehensive Plan change. The Ordinance and/or Resolution must be returned to the Planning and Development to be placed on the earliest City Council Agenda for approval. (The City Council meets two (2) times monthly, unless otherwise notified.) It takes three (3) readings by the Council for an Ordinance to be passed and thirty (30) days after the third reading to become effective. 9. All Ordinances dealing with zoning are required, by law,to be publicized. You will be billed by the City Clerk's Office for the printing costs of the ordinance after it is adopted by the City Council. PLANNING COMMISSION APPLICATION FILING DATE: PETITION CASE NO: TYPE PETITION REQUEST: 1. NAME OF APPLICANT: 11h ((jw/ 4N/ 0. /tf/r'R`-5 MAILING ADDRESS: S I q 5 `T J i r! Rpe 54- -ii p k -s PHONE NO: q01 FAX FAX NO: 2. APPLICATION IS HEREBY MADE TO THE CITY PLANNING COMMISSION, PURSUANT TO THE ARKANSAS LAW ON CITY PLANNING, ACT 186 OF 1957,ACTS OF ARKANSAS, AS AMENDED AND THE WEST MEMPHIS ZONING ORDINANCE NO. 1988, AS AMENDED, PETITIONING FOR OF THE FOLLOWING DESCRIBED/�AREA: STREET ADDRESS: j�f ,< j LEGAL DESCRIPTION: (OGO 144'e(k_Q/ 3. TITLE TO PROPERTY IS VESTED IN: Dft(S ,c f it 5(v 4(4 ADDRESS: fte Gt'PY(//1l f'�P L( ( 5 "/ ) 3v0 CONTACT PHONE NO: FAX NO 4. REQUEST IS BEING MADE BY THE APPLICANT ASKING THE WEST MEMPHIS PLANNING COMMISSION TO CON IDER: -reify afar V( icc'k (71/ t J jfro' 1 TOwr f PLANNING COMMISSION APPLICATION PAGE TWO 5. PRESENT USE OF PROPERTY: Va6--eri„— � 6. DESIRED USE OF PROPERTY: l U 4I'i//ahr 7. A STATEMENT EXPLAINING WHY THE PROPOSED CHANGES WILL NOT CONFLICT WITH SURROUNDING LAND USES AND/OR THE 0 COMPREHENSIVE PLAN. ( 1 5CVe-e 0-J 8. LIST ANY DEED RESTRICTIONS PERTAINING TO THE JU F,OF THIS PROPERTY? (YES) OR(NO) IF YES, DESCRIBE: Uri, 9. INCLUDE MAP OF SUBJECT PROPERTY HEREWITH,AND THE MAP SHOWS: a. THE DIMENSIONS OF EACH PROPERTY LINE AND ANY ADJOINING RIGHT-OF-WAY; b. THE OUTLINE OF ANY BUILDINGS ON SUBJECT PROPERTY AND ADJACENT PROPERTIES,AND; c. LAND USES OF ALL LANDS ADJACENT TO, OR LOCATED DIRECTLY ACROSS THE STREET FROM THE SUBJECT PROPERTY. d. SHOW CURRENT ZONING DISTRICT ON PLAT. e. INCLUDE THIS INFORMATION REGARDING FLOOD PLAINS IN THE "TITLE BLOCK" OF PLAT: (SFHA) YES NO AND (NFhP PANEL # ). ov 10. THE APPLICATION FILING FEE OF 12 HAS BEEN PAID TO THE CITY CLERK. 11. PUBLIC NOTICE: IT IS UNDERSTOOD THAT NOTICE OF THE PUBLIC HEARING BEFORE THE PLANNING COMMISSION MUST BE PUBLISHED AT LEAST ONE (1)TIME FIFTEEN (15) DAYS PRIOR TO SAID HEARING IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY. PLANNING COMMISSION APPLICATION PAGE THREE 12. COMPREHENSIVE PLAN CHANGE: WHEN MAKING A ZONE CHANGE REQUEST, IF THE ZONING CHANGE DOES NOT CONFORM TO LAND USE CLASSIFICATION SHOWN ON THE COMPREHENSIVE PLAN, THE PLANNING COMMISSION MUST FIRST CONSIDER AT A PUBLIC HEARING THE NECESSARY CHANGE IN THE COMPREHENSIVE PLAN. THIS WILL REQUIRE A SEPARATE LEGAL NOTICE WHICH MUST ALSO BE PUBLISHED FIFTEEN (15) DAYS PRIOR TO THE PUBLIC HEARING. IT IS THE RESPONSIBILITY OF THE APPLICANT TO PUBLISH THESE REQUIRED NOTICES. 13. OWNER RESPONSIBILITY: IT IS THE PROPERTY OWNERS RESPONSIBILITY TO CONTACT, BY CERTIFIED MAIL,ALL PROPERTY OWNERS, WITHIN 500 FEET OF THE PROPERTY BEING REZONED. PROOF OF CERTIFIED MAILING MUST BE PROVIDED. 14. POSTING OF SIGN: THE PROPONENT OF CHANGE SHALL POST A SIGN ON THE PROPERTY FIFTEEN (15) DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING AND ON WHICH IS SET FOR THE DATE AND PLACE OF HEARING AND THE EXISTING AND PROPOSED CHANGE, IN ZONING CLASSIFICTION. THE SIGN WILL BE FURNISHED BY THE CITY AND SUBJECT TO A $25.00 DEPOSIT, REFUNDABLE WHEN SIGN IS RETURNED. 15. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE EXAMINED THIS PETITION, INCLUDING ACCOMPANYING MATERIALS AND STATEMENTS, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IT IS TRUE, OR' CT AND COMPLETE. PETITIONER (S) SIGNATURE: *Z. DATE: