City Council - Regular Meeting

We proceed each council meeting with a word of prayer and the Pledge of Allegiance. If you would like, please feel free to join us. Mr. Hawk, could I ask you to word of prayer?

Father, we thank you for today. We thank you for the ability to be here. Father, we thank you for blessing the city as you have. over many years, Lord. We pray that you continue to guide it and to bless it. Father, we pray that you be with this meeting tonight. Put your hand upon it and guide our decisions. We pray all this in Christ's holy name. Amen. Amen.

I'll call this meeting to order. Ms. Hurd, would you call the roll, please?

Mr. Hawkins? Here. Mr. Grimes? Here. Mr. Spergers?

Here.

Ms. Mill?

Here.

Mr. Ledbetter? Here. Mr. Hawks? Here. Mr. Jones?

Here.

Ms. Isby? Here.

All right. You should have received copies of the minutes from the June 23rd, June 30th, and July 2nd City Council meeting. Any corrections, changes, or comments?

Make a motion to approve as submitted. Second.

I have a motion and a second to approve the minutes as submitted. Any further discussion? All in favor say aye. Aye. Any opposed? Passes eight to zero. Well, unless you were hiding somewhere this past weekend, Conway had a tremendously well-planned, well-maintained event at Hendricks College called Streamer U. And I don't think Conway has ever gotten that much positive publicity, especially from our younger generation, you know, kids that may come to college here or move here, and Dr. Peterson, you and your staff did a tremendous job. Conway PD, you did a tremendous job. I listened to you guys on the radio and kept up with everything, and I want you to know, PD, you did a tremendous job, and I thank you, and this council thanks you. Dr. Peterson, I asked her if she would like to say a word about Conway PD, and she jumped at it, so.

Well, I never pass up the opportunity to say a word, a positive word about our community, and it's true. We could not have done what we did without the assistance of this community. The Conway PD was a terrific partner for us, but all of the community came together. Our neighbors around the campus, the businesses in town, everyone really pitched in and demonstrated the hospitality for which this city is so well known, and we looked great. to tens of millions of viewers around the world so kudos to everyone and i do want to especially thank the conway pd for their partnership and actually would like to ask lieutenant wilson to come forward please I did not tell him I was going to do this. Lieutenant Wilson was the commanding officer for the CPD presence on our campus during the five or six days which Streamer University was on campus. And if you don't know, this included one of the most popular people in the world. So there were lots of people who wanted to be there and who wanted to just catch a glimpse not only of the streamer, but the other streamers who were there. And Lieutenant Wilson was a perfect partner for us in keeping not only the campus safe, but keeping the people around the campus safe. And so on behalf of Hendricks College, I would like to present Lieutenant Wilson with a certificate of appreciation for his service above and beyond the call of duty.

Yeah. I knew you weren't going to miss opportunity. Yes.

I appreciate that. And Hendricks was very good to us. And, um, but there were 41 different officers that worked at least one shift down there. Um, and they, they followed me and I didn't know what I was doing. Um, Lieutenant Burningham stepped up to be my second. My traffic guys were out there. I spent 95 hours out there between Monday and Sunday. Um, And it was really good for the community. I've seen some bad things, but if you were on the inside, you know how good that was. The patrol shift stepped up and helped us. It was an overall effort. Well, I appreciate that. I could not have possibly done that by myself. So thank you all.

And again, all the officers from Conway PD, y'all did an outstanding job. And Dr. Peterson, thank you for bringing so much positive attention to Conway. That was a tremendous event.

You guys made it easy, PD.

Thanks, everybody. Okay, Mr. Claussen had to reschedule for tonight, but we will have him back at our next meeting for an update on the Free Sea Project. So up next, we have Community Development Committee. Mr. Hawkins, sir, you are on deck.

Thank you, Mr. Mayor. First item on this agenda is consideration to approve waiving all the readings for the ordinances on tonight's agenda. And I will take a motion to that effect.

So moved.

I have a motion and second to waive the three readings for tonight's council meeting. And people have actually asked us why we do this. And I'm going to turn that over to our city attorney.

Nothing like being surprised at a public meeting. Thank you, Mr. Mayor.

You're welcome.

So we start with this is from the statute. The three readings requirement is not a constitutional requirements established by the Arkansas legislature. In this case, it's 1452 or 1455202 is the reading requirement. All ordinances of general or or permanent nature shall be fully and distinctly read on 3 different days. Unless 2 thirds of the members comprising the municipal council showed dispense with the rule. Um, it comes from a very old statute. If you look at the history, it's 1875 is when the statute 1st came about. And. So a couple things. One is any council can waive the three readings, and it's pretty much become a standard across the state in every city that I'm aware of to, in one way or another, dispense with the three readings requirement. But more importantly, the focus is on the general or permanent nature of the ordinance. In question, so I'll use tonight's agenda as an example of what that means and only ordinances of a general or permanent nature, or even subject to the 3 readings requirement. So just going through the agenda tonight. If you look at the 1st ordinance, appropriating insurance funds for the replacement of the band shell cover at Simon part, that is not an ordinance of a general or permanent nature. That's not even subject as a statute. So, when the council weighs the 3 readings, however, it chooses to do. So it's usually only waving a portion of the ordinance that are even on that night's agenda. Thank you.

All right. We have a motion and a second to approve the waiving of three readings for all ordinances on this agenda. Any further discussion? Ms. Hurd.

All in favor, say aye.

Aye.

Any opposed?

That passes eight to zero. Mr. Hawkins. Next item, Mr. Mayor, is an ordinance appropriating insurance proceeds for the repair of the Simon Park bandshell located over the Chris Allen stage in downtown Conway. And this ordinance number is 026. 44. 44. We had some rips and tears in that covering. And it looks like it's going to take $43,617.65 to get that replaced.

I make a motion for the adoption of the ordinance. Second.

I have a motion and a second to approve this ordinance for the replacement.

insurance funds for the band shell over simon park that big wind that came through here a while back got that just any further i'm sorry yeah just clarifying we received this from our insurance company or an insurance carrier and we're just appropriating that for this purpose yes okay i have a motion in a second to approve this ordinance any further discussion

Ms. Hurd? Mr. Hawkins? Yes. Mr. Ledbetter? Yes. Mr. Jones? Yes. Mr. Grimes? Aye. Mr. Spurs? Aye. Mr. Hawks? Yes. Ms. Isby? Yes. Ms. Mill?

Aye.

That passes 8-0. Mr. Hawkins? Next item, Mr. Mayor, is an ordinance amending the Conway Zoning Code for purposes of updating language regarding temporary certificates of occupancy and adding a feed table. And this ordinance is 02668 and...

45.

I'm sorry, 45. That's my fault.

Good evening, council. How are y'all? Good. Okay, so at the June meeting, I gave you guys a memo that outlined what we were changing about the temporary certificates of occupancy, the fee schedule. Does anybody have any questions about that? Okay. Then I'm going to ask you to adopt that by ordinance so that we can change the zoning code and make it effective hopefully August 1st.

Would anyone in the audience like to speak for or against this change?

I wonder if it would be helpful for Ms. Walker to give us a minute.

Would you come to the microphone, please?

I'm sorry. I made a mistake. It can't be effective August 1st. It's 30 days from the date that the ordinance is signed.

Would you state your name and address for the record, please?

Gary Hill, and I live in Conway, and I've already stated my address at a previous meeting, and for fear of retaliation, I would not like to do that again. My question is, I'm wondering why do we keep rezoning agriculture into residential when the infrastructure is trash and we're in a water curtailment? Rezoning of anything? This is not a rezoning. Okay, well, I apologize. I thought that's what you were talking about. Rezoning ordinance? Aren't you the rezoning lady?

This is changing our zoning code to restructure our temporary certificates of occupancy fees. But because we don't know what you're talking about, that's why I was confused. Oh, well, it's changing our zoning code.

We're restructuring some fees. certificates of occupancy. So are we getting information on those fees? Who gets the fees? Who's collecting the fees? Where those fees go?

It's all on our website.

So all this will be explained, what she's talking about with the ordinances?

Not going to be explained in detail, but you can look and see where the money is going and where the ordinances have changed. You can research that.

Wouldn't she be able to explain it in detail? Would I be able to get with you to ask that question? Yes, absolutely.

Thank you. Come up anytime. I'll be happy to talk to you.

And we discussed this?

We discussed this in June. Yes, we did. Council, back to you.

And just to build on what I said before, so this would be an example of an ordinance of a general nature because it changes the actual code rather than a permanent nature. I know everyone was dying to hear that distinction, whereas a typical rezone is an ordinance of a permanent nature, but they're both subject to that statute.

Thank you, sir. Council, back to you.

You want me to just keep going?

Go ahead.

I'm sorry, trying to get my ducks in a row here. Okay, so the first, this is the Bobby French show tonight, in case y'all have any questions.

No, we still got a vote. Yes, on the ordinance, I'm sorry. Go ahead.

The council back to you, if you want to do anything with this.

I'll make a motion for the adoption of the ordinance, 02645. Second.

I have a motion and a second to adopt this ordinance to amend the Conway Zoning Code 094-54 and update the language regarding temporary CFOs. Any further discussion? Ms. Hurd.

Ms. Mell.

Aye.

Mr. Ledbetter. Yes. Mr. Grimes. Aye. Mr. Hawks. Yes. Mr. Spergers. Aye. Mr. Hawkins.

Yes.

Mr. Jones.

Yes.

Ms. Isby. Yes.

That passes 8-0.

hawkins next item mr mayors the bobby french show is previously announced by miss tucker this is an ordinance to rezone property located at fox ridge phase two uh the present zoning is r1 the uh assumed zoning would be r2 and uh miss tucker what would you like to say about this

I would like to also, for time's sake, tell you that all of the things that are on here now were heard at the last planning commission meeting, what was that, a week and a half ago? Yeah, 20. And they all passed 6-0. So that's for everything that's on the agenda tonight. So this, you might recognize this for when the city annexed this parcel right here, and because it had the funky little lines here, what the applicant is proposing is taking the middle part of that and rezoning it from R1 to R2 for a duplex development. His intent was to develop this in phases, and this part over here has some topographical issues that he's going to have to address, so he's looking to do this part right.

The proposed rezoning, Ms. Tucker, is about six acres? Is that about right? Yes, sir, 5.99. Is that about right? Okay, thank you.

Any questions of Ms. Tucker? No. Would anyone in the audience like to speak for or against? Bobby French. Would you please state your name and address for the record, please?

My name is Bobby French, address 1021 Front Street. I'm working with Hal Crafton on this development. Phase 1 has been this area over here, the west side. And the R2 will actually be right up here on the north, which will be south of the school property. Okay. Yeah, up there, right up there on the north, that north part, that little piece where the arrow is, is where the rezoning is. The school owns all the A1 property to the north. House sold that to the school several years back. So his plan was to continue that R2 to the east until you see the little piece that's not in the sea limits, and then everything else would be R1. Yeah, if y'all have any other questions, I'd be glad to answer them. And this next phase will go all the way through the road. How's it going to build the road that will go all the way through to Nutter's Chapel? That way, the people that live in there will have another way out besides just going out old military. There'll be actual multiple ways to get to Madison or Nutter's Chapel besides going just up old military and going up to Highway 60.

Okay. Any questions of Mr. French or... Ms. Tucker. Council, back to you.

I'll make a motion for the adoption of the ordinance 02646.

I have a motion and a second to adopt this ordinance. Any further discussion? Sir.

Ms. Isby? Yes. Mr. Ledbetter? Yes. Mr. Jones? Yes. Ms. Mill? Aye. Mr. Hawks? Yes. Mr. Grimes? Aye. Mr. Spurgers?

Aye.

Mr. Hawkins? Aye.

Yes. That passes 8-0. Mr. Hawkins. Next item, Mr. Mayor, is an ordinance to rezone property located at 23 Eve Lane. It currently is zoned A1. The requested zoning is R1. This was reviewed by the Planning Commission, as Ms. Tucker said, at their July 20th meeting and voted 6-0 to forward this to City Council with a recommendation of approval. And we have an ordinance to read for this item. It's Ordinance 02647.

Yes. The applicant is requesting this rezoned so that they can split the lot. R1 lots are required to have 6,000 square feet with 60 foot of straight frontage and these do it. Other people in this subdivision have done that as well. These are fairly large lots.

How many new homes can adults... Like one on each side of the split?

Yes. It would be single-family homes.

So I can kind of orientate. This is an area where they used to have those sewer package plants, is it?

This is on Eve Lane. I don't know. Okay. Yeah.

All right.

Thank you. Tucker, can you just clarify the agenda says 23 Eve Lane and the Planning Commission packet says 32 Eve Lane?

It's 23. Okay. I mean, no, it's 32. I'm sorry.

It's 32. The agenda is incorrect. It's actually 32.

The ordinance needs to be corrected.

So if you all wanted to correct the ordinance, it would need to be a motion to amend it.

So I would make a motion to amend the ordinance to state the correct address of 32 Eve Lane.

Second.

I have a motion and a second to amend this to state 32 Eve Lane on the ordinance. And before we call for a vote, would anyone in the audience like to speak for or against?

I guess I have to every time I let you all have some questions. They are the. It's right below what is up there, 30 and 129. They're wanting to do basically the same with the lot that's just to the north of it. It's split in two. There's an existing house on the east side, and they're wanting to build another house on the west side of the property. It does have city sewer. There was a sewer plant back there years ago, but it's all city sewer now.

Okay. All right. Thank you, Mr. Friend. Council, back to you. I think.

Vote on that. Do we have a motion on this? Not on the motion, but on the amendment.

We had a motion and a second to amend, but not on the amendment. That motion has to be disclosed at first, then you would go back to the main motion.

Okay. So we have a motion and a second to amend this to read 32, Eve Lane. Any further discussion? All in favor say aye.

Aye.

Any opposed? That passes 8-0. Now we're back.

I would make a motion for the adoption of the ordinance 026-47. Thank you.

I have a motion and a second to approve this ordinance for property located at 32 Eve Lane from A1 to R1. Any further discussion? Ms. Hurd.

Mr. Jones. Ms. Meadows. Mr. Hawkins.

Yes.

Mr. Grimes. Aye. Mr. Spergers. Aye. Ms. Isby. Yes. Mr. Ledbetter. Yes. Mr. Hawks. Yes.

Passes 8-0. Mr. Hawkins. Next item, Mr. Mayor, is an ordinance to rezone property at 125 Conway Boulevard, currently zoned S1, and the requested zoning is R2. And as Ms. Tucker told us earlier this evening, the vote was 6-0 at the Planning Commission on July 20th of this year with a recommendation of approval. And we have an ordinance to read for this item. It's Ordinance 02648.

Yes, Council, the next three items on this agenda are all in that purple shaded area, currently owned by CBC, and they are selling off that entire block. They've determined that they don't need that land, so they're dividing it up and selling it. This particular 125 Conway Boulevard, they're asking for S1 to R2. There is... currently one duplex on that lot, and they are asking to rezone to add another one. And quite frankly, none of that complies with S-1, none of the lot sizes or anything. They're more suited to our residential, and there's a residential all around it.

So the current duplex is up on the front side of the lot, which would be on the east side. Is that correct?

It's 125. Yeah, 125. And you can see, so there's two addresses there, 125 and 127.

And they want to put one in behind that?

I think we decided that it was the way it was going to have to orient. Yes, it will face Conway Boulevard. I don't have the site plan here with me to tell you exactly. Bobby, do you know what they're intending to do?

Yes, that lot site. There's actually two lots there now, and there's a duplex on the south one. And so they'd like to do another lot, and it would be just to the north of the existing one, Mason-Conway Boulevard, where 127 is. It wouldn't be where 127 is. Most of those lots are just some long, skinny lots from the old Platt. Most of those lots are 50-foot wide. 140-foot deep or 160-foot deep or something.

Let me go back to my original question and maybe I can state this better. How many buildings will be on each of those lots when we get through with this one?

Right now, that property has two lots on it.

No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no.

Two buildings on two lots that are approximately 50 foot wide by 160 foot deeper. There are 200.

There will not be one behind. Okay, so there's not going to be four structures. No, two structures.

When we get done replatting that, that area right there will look more like this area right here.

Okay, I'm good now.

Would anyone in the audience like to speak for or against? Council, I'm sorry. Come on up. Yes.

chair walter i live on oliver street so that's another road over i usually give my little spill that i grew up there my uh eight brothers and sisters we all grew up there my parents that was their first house they built on oliver street so i'm well acquainted with the whole history of the place And one of the best things that Conway ever did was designate these historic districts. And this section of Conway is called the Old Conway Design Overlay District. But there is nearby, I guess College would be the closest historic district there. And then a couple of two houses, it's kind of odd, two houses on Conway Boulevard are historic i think they're trying to get those on the registry anyway so before i guess in good faith they thought baptist was going to build a ballpark or something there and so now they changed their mind so um yeah all that up there would think potentially that can all be for sale that's what it sounded like the gentleman said eventually so i'm concerned about um before that it was r2a which duplexes can still go on there but the lots have to be larger i think it's a hundred feet but this um r2 is only 50 feet i don't know if i have that right So you can squeeze more and more and more. And I think on the corner of Robbins and Conway Boulevard, I think that's what they did for those apartments or duplexes. No, I think they're single homes. But anyway, I drove by there today and I said, oh my God, those are so close together. um but my concern again is what's going to happen to all the others and how many duplexes are going to be there and crowded in so um against the new rating of the R2. I'd love to be single homes there, but I know it's rated or zoned for the duplexes. So I'm coming to this just wanting not so many duplexes to be built there. My guess is that whole thing could be all duplexes eventually. I know that one corner of Robins and Conway Boulevard. There's three, for example, about being crowded. There's three, I'm sure that, gosh, I'm sorry. I think they are single rental properties, but they snuck a back one all the way back there. I think it's a duplex. And you know, that's, and you can't find anywhere nearby that that has done that. And again, this is, again, the old Conway design overlay. And I know whatever is going to be built, it has to go through that historic, it has to be approved. But that still doesn't quite keep the neighborhood...

I was laughing at myself earlier, you know, nearby U.S. Pizza.

And so I went over there to get some of their salad, you know, because the salad's great. And halfway through, I'm eating it, and I said, oh, no. I guess in two weeks, I'll find out if their lettuce is good. I can't believe it. Or I might have to leave.

If it makes you feel any better, I ate a salad from US Pizza at noon yesterday.

Okay. You call me. So I was super focused on this because it is very confusing to me. But again, you know, if you go south of Robbins, I think that's all to a, and it is not a neighborhood. I mean, I remember when there were houses. I used to babysit a family back in there. I don't think any of that's back there anymore. And that's what my fear is, that some of this, even with the historic design approval. But you can go anywhere in there. I wish I had a... view of all that but i think the overlay goes all the way to college beyond college i guess and then maybe to almost hark rider and then all the way to donaghy So that was all that to try to keep that flavor of a neighborhood. And, you know, there's some nice buildings there, like I said, that one that's trying to get on the historic registry. My cousin actually owns it. It's near college. But again, I think that was one of the best things Conway did because when I was growing up, anytime there was an old house down Oliver Street, they bulldozed it down and built those ugly duplexes where the front yard is all concrete. I mean, thank goodness now we have some guidelines to go by that. But I was so happy. I know Dr. Quick had, if you ever want to look at a nice house, go on Bruce and Oliver. Oh, it's a beautiful house, they read. You know that one? But he said that when they tore it apart, they stripped it down to two, whereas they had newspaper stuff for insulation. But anyway, it's just that kind of thing that I appreciate about the neighborhood. And I've seen a lot of things go down, but Stony Brook, They did a very good job. Yes, they did a very good job. Like I said, Dr. Quick did two houses. And I think Conway Boulevard, someone redid one of the houses there, too. So I never would have believed that you could take one of those old houses and redo it and have that quality of work. So anyway, it's all hopeful to keep the houses that are there now. But again, this, trying to keep it more like that, and especially since all those are the R2A, and I know that's not the issue today to do it to that, but the R2, I just, that's what I'm appealing to is not to do that. All right.

Thank you. Thank you very much, Walter. Thank you.

Okay, some of these duplexes predate even CBC on in this land, which is why you still see duplexes on their NS1.

On the west side of that rectangle that's marked 127 and 125, is that a big structure back there?

back here no a little farther to the east pinkish this right here yeah what is that this is a screenshot it's not the actual map i can't zoom in on it okay that's okay i just i'm not entirely sure astroturf it's like it's astroturf that's what bobby says it's astroturf oh okay yeah

okay thank you so miss tucker can you remind us if this is if the rezone to r2 is to pass what will the next step in the process be they will present um to historic district to make sure that the materials and everything are good So whatever comes forward after internal site development review would then go through historic district as well?

Well, if he's just going to put one duplex, if he's going to split those and just put one duplex, it doesn't require site development. It's when you get more than one, then it kicks to commercial and triggers site development. But this will just be HDC. Okay, perfect.

Thank you.

Ms. Walter, this is where your protection comes in, and it being in the overlay district. There have to be buildings built to certain standards, so that's in the best interest of that area.

People at home can't hear you. I'm sorry. He started. I know.

Agitator.

And I know that, and thank goodness we have all that design, because I've been through several meetings for that, and I'm amazed at the things that they do require. But again, it's the R. I'm sorry.

You were talking about density.

Yeah, density.

There you go.

And like I said, under this proposed zoning, it would be 50 feet. Per duplex? Is that right?

Yes, the street frontage, yes.

But how it is, oh, I'm sorry, not how it is, but how the surrounding area is, it's 100 feet. So you can see, if you're crowding this, that is not keeping with what the rest of the... I was going to say immediate neighborhood, but you go back further too. That's what I'm coming across. That's the point I'm trying to make. It does make a difference. If you just drive south of Robbins and it's terrible. People do have to live there, but there's plenty of land. We have to have places for people to live, but there's plenty of land in Conway that they can take it elsewhere.

Ms. Tucker, was that what you were referring to a minute ago, saying that some of this looks nonconforming because it predates...

Yes, it predates even when CBC owned it and rezoned it to S1. Because it was zoned for duplexes way back when. And we would love for somebody to come in and redo every old house in Conway, but it's quite expensive.

I've

Totally empathize and agree with the concern here. I feel safer given HDC review because they tend to be quite thorough and particular. And I'm not inclined to override the planning commission's vote on that. So I would be in favor.

I'm going to go opposite on this. This young lady has a great memory of Conway. You know, this goes back decades, but from what I understand, the reason R2A exists is exactly what she said. Everybody was starting to get tired of the duplexes shotgunning in everywhere, so R2A was to make it bigger. And judging by the look of that map, everything on that upper side of Robbins was R2A, including what's now S1. And my memory serves, what was it, 10 years ago, 15 years ago, when CBC bought all that property for expansion. We thought, well, to expand to college, it needs to be S1. So we rezoned S1. Well, now they're selling it. And so I would imagine all that was R2A before, and I'd rather see it all go back to R2A and just sort it out from there. Because she's exactly right. I'm not going to name them, but I can drive you to places in town where we've started inching in R2, R2, R2, R2. So I don't think it's quite like we anticipated it was going to be, the finest finished product. I can point to lots of examples, and I'm really leery about even starting that here. It was R2A, and I think that's what the spirit of that whole area is supposed to be, and that's what I'm going with.

I think that's a very good point, David.

I know all of you can remember times we've done R2 and proliferation in different places, and it's not quite what it's made out to be.

Ms. Tucker, was there any other discussion at the Planning Commission meeting from other neighbors?

No, I believe that was the only one that got up and spoke at the time.

She was the only one that got up and spoke, yeah.

I think what part of the problem is, is some of these lots, the way they're, the street furniture that they've got, and like if this one were to come in, oh, oh, okay, never mind, we bought that. I mean, the difference is just the density, the... You're exactly right.

Design review makes them look nicer, but it's still 50 feet.

That's fair. Super fair.

We'll need to, it can either die for lack of a motion or second, or y'all can vote, and you can vote yes or no. It'll be up to the council how you want to proceed.

Do we have a motion, first of all? We do not. We do not have a motion. If we get one, it needs to be an affirmative motion, and then if you don't like, voting for it, then you would vote against it.

Correct.

Right.

And process-wise?

Well, that's what I was just sitting here thinking about. You guys can down zone while it's in commission, but you can't up zone. So with R2A being lesser density, I guess it... We could actually... We could change the ordinance?

Yes.

Trying to think.

Can we not vote on it and give him a chance to bring it back as R2A rather than voting and failing it?

Well, I think what she might have been saying was that we could go straight to R2A.

I think you can make a motion to rezone it. You can change it.

We're not the people that's trying to get it zoned. Well, Bobby's here. He would have to make the motion to do it like that.

Well, no, you have to make the motion. Y'all are the voting thing.

We're not the ones that's trying to rezone it.

what we have on the agenda down if that's what our intent is.

So just real quick, when planning commission, and this is under rezoning, under zoning code as I understand it, and Ms. Tucker will correct me if I'm wrong because she knows zoning code better than I do, but I'm better at criminal law than you are. When an amendment, that's what a rezone is. It's an amendment to the zoning code, right? When it's approved by Planning Commission, the council can grant the amendment, deny the amendment, or remand it to the commission.

So we could just send it back to Planning Commission. Correct. That's what I said. If we didn't make a motion, he could bring it back as R2-8. But we voted on it.

That's the zoning code. So those are the three options. When the Planning Commission grants an amendment or recommends approval of an amendment to the zoning code, which is what a rezone is, the council can grant it, deny it, or remand it to the commission.

They can't amend it?

Correct. In any way? Correct.

Okay.

Well, in Planning Commission, you can amend it. But that's why I thought maybe y'all could too.

Oh, we can't do it. Yeah. Any modification or amendment request has to be remanded to the commission. That's the way the current zoning code is set up.

So we don't have to vote to approve or deny this. We can just vote to remand it back to planning commission.

Correct. And you don't have to do anything. Yeah, we don't. Nobody makes. If you decided.

We're sending it back. That's my point.

If you wanted to do one of those three options, those are the three options. And it.

Finish your sentence, please.

That was it.

Okay. Why would we expect a different result if we sent it back to Planning Commission? They've already made their recommendation. So wouldn't Mr. French need to change something for there to be a point in us sending it back?

That's what's sending it back, giving him a chance to change it to R2A instead of R2A.

So we're really sending it back to the applicant to take back before Planning Commission. We're not actually sending it straight back to Planning Commission.

We need to see if that would even suit me.

That's what I was wondering, is if that would even work for Bobby. Perfect.

It's not my property, so I'm not sure what they're going to say.

They've already approved 125. The cleanest way is to make our intent known if we want R2A or not. If we do, next time.

If we don't, they know what they've got to work with. But we can't make a motion for R2A based on what... No, it's just our intent.

125. We either vote it down or vote it up at that time, or... You can bring it back.

I mean, just right across the street is. I mean, the 131 24, y'all approved to our 2 a, with. So there's going to be apartments right across the street. So, I mean, it's, I mean, it's not like you're voting to keep it what it. Exactly he is, I mean, this is kind of, you know, see, you're always talking about we want to do infield, you know, you get these lots that are real deep and you got. You know, their existing lots are 50 foot wide. It's hard to do stuff on them. Uh. A lot of times you have to do a lot of infrastructure. It's expensive. That's why they're requesting R2. I understand. If y'all want to send it back, I can talk to them and ask them what they want to do. I don't feel like it's really that inappropriate. Duplexes, they're going to be looking at. They're going to build nice duplexes. They have to. They can tell them what they have to build. I mean, it's pretty restrictive already. But, I mean, I don't want to have to wait a year either. I'm willing to waive the waiting period on this one.

We got into this before about the waiving the waiting period. And we said that was going to set a precedent if we started doing that. I think it would be better if we just don't do anything, let him bring it to them and R2A, then Denied and waiving the waiting period. That doesn't make any sense to me. Just don't make a motion and let them bring it back to them with R2A. If they don't bring it back to R2A and bring it back to R2, then we can vote it up and down. Can I ask a quick question? If we vote this down, I'm not in favor of waiving the waiting period at all. Because we went through this, I can't remember what day, but somebody else did the same thing.

Ms. Howard, number six, at 125 Conway Boulevard, was that not just passed by ordinance 48? Or is that the one we're on? I just wanted to make sure.

So, Ms. Tucker, do you have an opinion on what you want us to do here to work with the council and the applicant? I'm not asking you to tell us how to vote. I'm asking procedurally what you want us to do.

I mean, planning staff thought R2 was appropriate, so...

so if we feel if we feel differently we are essentially saying we disagree with the planning staff and the recommendation of the planning commission yes okay so based on that unless there's a reason we need to not take action i will make a motion and then what happens with it can happen unless somebody tells me to do something different yeah and i think miss tucker if it's remained is it not hearings required at the next meeting of the planning commission yes sir

Yes, it'll be basically a brand-new application for all three of these properties.

Okay, so the motion that would be best to make, if I understand, would be in favor of approval, and then everyone can vote, or it can die for lack of a second.

Correct.

I would make a motion for the adoption of Ordinance 026-48.

I don't hear a second, Mr. Mayor.

I do not. Okay, we have a motion, but no second. So at this point, this will end right here. And, Ms. Tucker, would you get with Mr. French and y'all figure out what your next step is? Yes. Also get with the lady that spoke tonight and see if they can work together. Okay. All right. Thank you.

Thank you. Need to go through the same exercise on 7 and 8.

I was going to say we've got the same thing on 7 and 8.

So I can do. The same thing, make a motion for the adoption of ordinance 026-49, which corresponds to item number A7 on our agenda.

And Mr. Mayor, I don't hear a second.

Okay. The motion was made. There's no second. Therefore, this will stop at this point tonight. Again, Ms. Tucker, would you get with the lady who spoke and the gentleman who spoke in favor of, and y'all see what you can work out there. Mr. Hawkins.

And we've got one more of those at 141 Conway Boulevard, and I'll make a motion for adoption of the ordinance.

I have a motion to adopt and no second.

No second, Mr. Mayor.

All right. This one will stop at this point tonight. And again, Ms. Tucker, the gentleman and the lady who both spoke for and against, would you get with them? Yes. We'll see what the next steps will be. Yeah, you're good.

This is all of the ones that are on Conway Boulevard. We did not do anything.

We sent it back to the Planning Commission. No, no, no. You did a great job.

Mr. Hawkins.

That's it.

And we'll move on to item number nine on our agenda, and that's an ordinance to rezone property located at 800 South Donaghy. It presently is zoned S1, and the requested zoning is a C2 zoning. This was reviewed by the Planning Commission at their regular meeting July 20th of this year, and at that time voted 6-0 that the request be forwarded to City Council with a recommendation of approval. We have an ordinance to read for this item. It's Ordinance 02651.

Mayor, the applicant has requested to pull this item from the agenda. They have a CUP that is currently in review, and they're not comfortable going ahead and rezoning this without approval on the CUP.

Council Item A10 has been requested to be removed for this evening. Any discussion? I'm sorry, A9. My bad.

A9.

All right. Mr. Hawkins.

Well, that's 0 for 4. Let's see. The final item here, Mr. Mayor, is consideration to approve a conditional use permit to allow retail high impact in the RU1 zone for property at 1550 East Dave Ward Drive. And, Mr. Tucker?

Just a minute, Mr. Hawkins. I think I got a little bit ahead. I think there's a gentleman that wanted to speak to the item A9. Is that correct? Okay. But you would give your name and address for the record, sir.

good evening my name is alan west i'm at h erin lane conway i'm speaking on behalf of the peace lutheran church and at the behest of the buyers that are working with the planning commission to reorganize their site map in order to make it work for the city and for the buyers, and they would like to request a tabling of the vote for the re-zoning right now?

It's been pulled.

Yes, sir. It went through so fast that I... I understand. I missed it, so it has been remanded back to the planning commission.

Get with Ms. Tucker, and she will give you all the details.

Okay. Yeah. Thank you, sir. It's basically just been pulled from this agenda. It's still good at Planning Commission, but we'll put it in front of them.

I thought I heard it, but we went from 9 to 10.

Well, I went to 10 and then back to 9, so I probably confused you. That's my fault. Thank you for being here tonight. Yes, sir. Thank you. Mr. Hawkins.

uh let's see we were on number 10 consideration to approve a conditional use permit to allow retail high impact in the ru1 zone for property at 1550 east dave ward drive this was reviewed by planning commission at their meeting on the 20th of this month and at that time the commission voted six to nothing forward this to city council with a recommendation of approval. Ms. Tucker, it looks like they want to put some storage units in.

Yes, sir. This is the parcel of land that we're talking about right there. And it's 3.46 acres. There's a conditional use permit that exists that actually expires today. So the applicant came back with a little bit different request from what they had originally asked for. they are looking at doing storage units that are available or accessible 24 hours a day and they're asking to put tenant flex space in there as well is that tenant flex space the way it looks is all the all the uh storage part of it will be back here and the front part of this will look like a row of smaller offices that people can use for hobbies or for office space or probably smaller than what you would go rent if you had five employees or something. If it's just a one-man shop, they could do it. If you just wanted to rent it for all your model airplanes, you could do that too.

There's quite a few conditions.

Yes, on the conditional use permit, there are some restricted uses. You can read those on there. And there's additional, I believe, 13 conditions that the applicant has agreed to. No outside storage at all.

So, Ms. Tucker, I will repeat back what I heard from you. storage further back on the lot tenant flex space which is language i've not heard before at the front of it which is essentially just a tiny commercial strip mall pretty much yeah we've had a lot of of people approach us about flood space there's a place out off lower ridge that they're looking at it maybe that's the wave of the future so I would make a motion for the adoption of the conditional use permit.

Second.

I have a motion and a second to adopt this conditional use permit to allow retail high impact in the RU1 zone for the property located at 1550 East Dave Ward Drive. Would anyone like to speak for or against? If you would, please state your name and address, sir, for the record.

My name is Mark Rickett, 1425 Victoria Lane in Little Rock. We represent the applicant on this application, so I don't have any statement to make. I just hear for questions if you have any. Thank you.

Council, any questions?

Okay.

I know at the Planning Commission meeting, I think there was a gentleman that had some questions about – what had happened previously, but I think that was addressed with them making sure there was trees and things along that area.

There will be adequate screening. Okay. The residents of Sutherland have come out for just about everything that we've talked about in that little triangle right there, but we have assured them that there will be additional screening. All right.

Thank you.

Council, we have a motion and a second. Any further discussion? Yes, sir.

All in favor, say aye. Aye. Any opposed?

Passes eight to zero. Thank you, Mr. Hawkins. Yes, sir. Next up, we have the Public Safety Committee. We have an ordinance appropriating reimbursement funds from various entities for the Conway Police Department. Chief Harris.

This would also be a good example of an ordinance that is not an ordinance of a general or permanent nature.

Thank you, Mr. President. I knew you could explain that. Chief. Chief.

So the first for us is just standard reimbursement. Extra duty services and the big ones are bulletproof vest grant reimbursement. So we just ask that these funds be reallocated to their respective accounts, please.

I make a motion for adoption of this ordinance. I have a motion and a second to adopt this ordinance appropriating reimbursement funds for the Conway Police Department from various entities. Any further discussion? This is just an accounting ordinance is all this is. Yes, sir. Thank you, Mr. Hawkins. Yes, sir. Ms. Hurd.

Mr. Hawkins.

Yes.

Mr. Ledbetter. Yes. Ms. Mill. Aye. Mr. Hawks. Yes. Mr. Spergers. Aye. Mr. Jones.

Yes.

Ms. Isby. Yes. Mr. Grime.

Aye. That passes eight to zero.

And just for clarification, Ms. Hurd, should this be 48 since we didn't take action or some of the other ordinances in regards to rezoning? I was just wanting to verify what this ordinance number was.

Those ordinances died, right? Yes.

But I thought you said they each got a number.

Well, I was thinking that too, but they died. So I think we need to start with those. So that would be 48. Well, 48 was the first one to change to the R2.

But it was pulled for lack of a second.

So this one should be 49. 48?

Oh, it should be 48. Yeah. Because there was no 48.

I see it now.

48. So this should be 48. Yes.

Thank you, Ms. Isby.

Thank you, Ms. Hurd. You're welcome. Next is a consideration to approve the entering into an agreement for the school resource officers with the Conway Public Schools. Chief Harris. Yes.

Yeah, it's that time of year again that we renew our contract with the school district.

A couple of years ago or last year, the school district upped the amount they were paying toward us to cover some of

The overtime, what was it to you? Last year is when they first started. When I talked with them, we negotiated just to pay an additional $25,000 per year for uniforms and other essentials, accountable equipment and everything. Thank you, Chief.

Still the same amount of vouchers that we had last year?

Yes. So y'all approved two positions, but I've told the school district that – I'm going to get our patrol first, and I think we're actually getting there now with this latest getting off of FTO that I'll probably at least be able to give them one by the end of this year, if not two by hopefully next year.

Two. Questions here, Chief, less about this agreement and more just in general. Just because this has come up a couple times, who do these officers, are these officers employees of the Conway Police Department or employees of the Conway School District? They're employees of the Conway Police Department.

And who do they report to? They report to two sergeants. So there's two sergeants. Now, they work with the schools and everything, but ultimately they report to their, each group has a sergeant, so they work for that sergeant.

But the policies that they follow, who they report to, is all city employees, common police department, and not the common school district.

So let's just say, for whatever reason, they get in trouble. We do the investigation, not the school district or anything else.

As well as any discipline that comes from that.

And then just next question, the very last page of this, we're missing a signature from an officer? Does that matter?

No, he was, when we got all of them signed, he's been out on vacation. Okay. No other questions for me.

Make a motion that we approve entering into this agreement. Second.

I have a motion and a second to approve entering into agreement for the Conway School Resource Officers with the Conway Public Schools. Any further discussion? And those officers do a great job. I see them interact with high school kids and elementary school. They do a great job. Ms. Hurd.

All in favor, say aye. Aye. Any opposed?

Passes eight to zero. Thank you, Chief. Thank you. All right, see, council, we have one more month of one meeting, which is August. In September, we'll go back to our double. So with that, I will take a motion to adjourn.

So moved.

Adjourned. Second. All right. Thank you for letting me take a picture. Do you want a picture? Do you want mine? Yeah, I'll take it. Thank you. You're welcome.