City Council - Regular Meeting

Son of Jesus. 6:00.

This is time. Okay, we'll call the meeting to order. This is the regular meeting of Bella Vista City Council, October 27, 2025. We'll start with the pledge of allegiance. I aliance to the flag of the United States of America and to the republic for which it stands. One nation, indivisible, with liberty and justice for all. Uh, roll call, please. Council members Honcho here. Harp here, Hughes here,

Newport here, Wilms here, and Eastbell here, Mayor Flynn is here. Thank you. Uh, the first order of business is citizen input. Per the rules, there's a three minute per person time limit to address the council on any topic of that person's choosing. The first person on the list is Marbel Childress of 15 Wrath Drive.

Hi, thank you, mayor and city council. I just wanted to come tonight to say thank you. Um, I am principal of Cooper Elementary School and um, I came to speak to mayor and city council when I first became principal about 16 months ago to let you know how excited I was to have this role in the community where I live. And now that I've been doing it for a while, I just have to tell you how overwhelmed I am by the community support for Cooper Elementary and just how much we enjoy um how much the community loves on us. Um and specifically, I want to say thank you to our Bella Vista Fire Department and our Bella Vista Police Department um for the commitment that they have made to our students and our staff and our school. Um, just recently the fire department was there for fire safety, teaching our students about all of the things they need to do to be safe in an emergency. They are great about coming um to eat with students when they have time, bringing um their fire trucks and the ambulance and the EMS service for students um for career days and we really appreciate that. Um, and I also want to let you know how very excited our parents and the staff and I have been about the addition of our SRO this school year. Um, Shelby is our SRO um a halftime SRO that is provided by um the city of Bella Vista and I just want to say a real thank you for that. our parents notice. It makes them feel great to see her presence and to know that she is there to help our students um if there is any need at all. And I have a little bit of knowledge about executive leadership. So, I know that you have a finite amount of resources and things that you're required to do, things that you need to do, and things that are just

great to do. So, I really appreciate you choosing um to support Cooper Elementary with your resources and with the SRO. Um it's something that it means a lot and it makes us feel great to know that she is there. So, thank you so much for loving on Cooper Elementary. Thank you. The next speaker is Donna Simmons of St. ASAF. I'm Matt. Um, but Donna is my neighbor and she asked me to read this. We came to the um POA meeting last week, but she's not able to make it tonight. Is that okay that I read for her?

You got three minutes to say whatever you want. Is that including my three minutes? She's already going. Okay. Well, this is for her. You can only do it once.

This is for her. Good evening. Thank you for your time and opportunity to speak this evening. I have been a resident of Bella Vista for the past four years, thoroughly enjoying the peaceful beauty of our area, as did many generations of my family before me. This is why I was greatly disturbed on the evening of October 11th when the peace in our neighborhood was overtaken by a very loud disruptive party at 5 Nantich Circle. This disruption lasted well past midnight. The following morning, music could still be heard at my residence across the hollow, which is well more than 30 feet from the residents were was the residents violating city ordinance. I was told law enforcement had been contacted and responded more than once during that evening mentioned. I did not call that evening, but I hope that I can make an online report with the city code enforcement. Since this option is not available, I will be calling the non-emergency line if this occurs again. One reason why this is so disturbing is that I moved from a town in Arizona which was very different from Bella Vista, but at the same time very similar in the fact that it's a hot spot for vacationers, retirement homes, and recreational visitors. During my former occupation as a police officer, I was called to many of those noise complaints at vacation rentals. And what I experienced on the night of October 11th was the same level of disturbance. Oftentimes, the clash between vacation renters and those who had purchased their forever retirement home was volatile. I have an understanding of both sides. A renter who has paid top dollar to enjoy vacation and a resident who purchased their home that has now become located next to a vacation rental and suddenly lost the piece they once enjoyed. If it were possible to require rental owners to include city codes in the rules in their rental contracts, that would be a fair way to let renters know what is and isn't acceptable and what will and won't violate city code. In my former town, there were also permits required for vacation rental owners that could be revoked for repeat ordinance violations.

Rental owners were also required to have a local contract available at all times who could respond for repeat law enforcement calls. My hope is that we could come up with a workable plan so that all visitors know the requirements and we can all enjoy our beautiful area peacefully. Now it's me, dude. I live right next to this place. I wasn't invited to the party, but I got to hear it all night. That sucks. I've got a 9-year-old child. Uh that disturbance, the police came out multiple times. Uh there were over 20 cars. They were literally parked on the grass. All four of the tires parked on the side of the grass. Um big disturbance. I'd like to make that formal complaint so we can figure out how to fix it. Donna brought up some good examples. The other thing I'd like to know is um they have had multiple um complaints for their yard. There'll be 24 in at any given time and so every three or four weeks people are having to call in to get it uh taken care of. So I'd like that address too. Thank you'all.

Thank you. Uh thank you. Uh the next item is uh council member reply. I guess one one comment is that our STR ordinance does require inclusion of references about making noise and parking vehicles and debris spread around the property. Uh so they are notified by the rules within the STR property itself. So it's not that they're uninformed about it. Who is sir? Sir sir, you know you can't can't talk back.

Anyone else? Uh Wendy, I just want to thank Mr. Childish for coming out. Um I'll see you at work tomorrow. But um I agree with you. Yeah, the community has been an excellent partner with Cooper Elementary, and I'm so glad that our children get to experience our police and fire departments um at their very very best. um on a regular basis.

Travis, I I'll just like to reiterate that if there's a complaint at a short-term rental or a private residence that's, you know, that somebody lives in, it's no different. If the police aren't called during the time of that incident, there's not a lot they could do on the back half afterwards. Um, so it's imperative that if you're having issues with a neighbor uh or a short-term rental and that you call the police during the time of the incident so they could go and do an investigation and otherwise there's nothing that any of us could really do. So,

okay, I think that concludes thank uh uh council member reply. I'd like to thank all the people who spoke today. Uh next uh subject matter is reports. We have the monthly financial report for the period ending August 31st, 2025. And uh it's uh pretty positive. The total revenues, operating revenues are up 10% over last year. Uh city sales tax is up 14.1% over last year. So, it continues to be encouraging. County sales tax was a little softer. It's up 3.1% over last year. And on the operating expense side, we are almost a million dollars under budget through August. So, I feel like we're in solid shape so far on our revenues are more than expected and our expenses are less than expected. We do have a couple things on the horizon later in the year. There's three there always are a few months where there's three pay periods. There's three pay periods in October and that tends to have an effect and at the end of the year in December all the police and fire get paid their holiday pay for the whole year. So, uh there's always there's still a few challenges ahead of us, but I feel good about uh our financials so far. Uh the next item is the uh consent agenda. And well, first I need to entertain a motion to suspend the rules of order and procedure to allow all ordinances ordinances on the agenda to be read by title only.

So move. That was Larry Wilms and Craig Honchel. Uh roll call vote. Council members Honchel. Yes. Harp, yes. Hughes, yes. Newport, yes. Wilms, yes. And Isbel, yes. Motion carries 6 to zero. Next item is uh the consent agenda and the on that is the approval of the minutes from September 22, 2025 and the regular uh city council meeting of October 15, 2025. Motion to approve.

Second. That was Wendy and Anna. Wendy Hughes and Anna Isbel. Uh roll call vote on the motion to approve the consent agenda. Council members Hansel, yes. Harp, yes. Hughes, yes. Newport, yes. Wilms, yes. And Isbel, yes.

Motion carried six to zero. Next item is unfinished business is an ordinance establishing a business license requirement for qualifying businesses operating within the city. Providing for classes and exemptions requir requiring annual renewal establishing fees providing penalties for violations and for other purposes. This is on third reading and I believe there's also some uh proposed amendments. There are um Larry,

originally three three amendments were submitted. Um the mayor gave me a hard time at our work session this week. So I asked that the third amendment be removed and that was setting an initial license fee. It's still on the sheet here, but I would ask that we not consider that. Uh I would ask to consider the first two proposals uh to amend the ordinance individually. Uh there's merit on each of them, but it may vary with the council members as to how they view that item and its importance. So I would submit the amendment to section 4B to read. Where is it?

These were provided and included in the packet. So, these were provided and included in the packet. So, I'm not sure you have to read it all.

That that that item currently reads charitable and fundraising activities conducted solely for public benefit by schools or city government. And I my amendment proposes adding charitable or fundraising activities conducted solely for the public benefit are also would be would be also included. So, as an example, the Bella Vista Foundation, who has a very charitable and and excellent fundraising program every year for the last, I don't know, 15 or 20 years at least, contributed significant funds to all of the nonprofits around Bella Vista and they would not be able to function without this amendment because they're not a part of the city or a part of the schools. And there are other organizations as well that would not be able to function under this or would not be exempt under this ordinance um if we don't add this provision. So I would make a motion to amend uh section 4B.

So if I'm understanding your motion is to amend 4B to read as provided in the in the handout. And so what that does as as it's drafted on on proposed section 4B, which is on page two, it currently reads charitable B charitable or fundraising activities conducted solely for public benefit by schools or city government. And so practically what it would do is strike the words by schools or city government from that sentence. Yeah. So it eliminates the limitation. Uh Wendy.

So Larry, I do love this amendment. I think it's a fantastic addition to remove the school and city government portion. I had concerns as well, especially regarding Okay, hang on. Sorry, mayor. There was a motion to amend, but there's not been a second. And so there would need to be a second to debate that particular amendment or was Mr. Williams, were you going to try and do both of these as one amendment? We're going to do them separately. Okay. Okay. So you had a motion. I think there's different things about the council. What second? Uh that was a motion by Larry Wilms and a second by Wendy Hughes. Now there can be debate on the amendment. So sorry to interact with you this go ahead.

I had the same concerns and I even wanted to make sure that we didn't need to add the words nonprofit. I did speak to Jason regarding this to make sure that nonprofits in general would be covered and based on the definitions of what a business is, nonprofits would be covered under this as well. So I felt a little more comfortable especially supporting your amendment. Anna,

so just to clarify, nonprofits would be part included as an excluded class. So well what if I can answer that mayor in section two we have definitions and we define what a business is and so the definition of a business in section two that's on the first page business means any trade profession vocation commercial enterprise or occupation conducted for profit or gain. So if it's not for profit it's not a business and so if it's not a business it doesn't have to get a license. So, we're handling it through definition. Okay. Are we ready to vote? Well, uh, do we vote on the amendment first? Is that

Yes, sir. Once debate is concluded on the amendment, you can vote on have a vote on the amendment. Okay, let's have a roll call vote on the first amendment by Mr. Wilms. Council members Hansel, yes. Hart, yes. Hughes, yes. Newport, yes. Wilms, yes. Isel, yes. Motion carried six to zero. Uh Larry, would you like to talk about your second amendment?

The last one has to do with short-term rentals. Uh and and that's section 4F. Uh it says in our short-term rental ordinance, it exempts them from licensing. Um, but I I wanted to include or not exclude them because exclude businesses that may do property management which includes STR properties in that list and they could argue that well we do STR so we're exempt. I don't know if that's a valid argument or not, and I would guess maybe the uh attorney would like to comment about whether that would allow them to be exempt.

Well, I I your proposed amendment would clarify that property management businesses are not exempt. So, that's the purpose. That's that's what I take from your proposed amendment. that that's the the current the current proposal as it is in section 4 just exempts short-term rentals um uh as defined in the short-term rental ordinance. So the business of of managing those uh would not be exempt according to your amendment if your amendment is adopted. Uh Travis,

uh just for the record, any business that's homebased and that does not have customers coming in and out, I will not support business license for that. So, well, and I and I I need to it's not for me to enter into the debate, but in subsection E, which is not a subject of the proposed potential amendment, which has not been moved, exempts homebased occupations. So, if it's part of a homebased occupation, it's going to be exempt that way. Right. Yeah, I see your point, Travis. You're worried about inadvertently bringing them in, but I think we we'll be okay on that.

Yeah, I kind of viewed this amendment more as a clarification than really a change, but that doesn't mean it's not a good idea. I would make a motion unless unless there's more discussion.

My my only other Sorry. Thanks, Mayor. My only other discussion on this is that if you're in a short-term rental business here in Bella Vista, it's extremely regulated already. Uh there's already fees associated with it. You already have to get licensing. You have to send in financial reports monthly to the advertising and promotion commission. Uh so I feel like there's a lot of leg work and there's a lot of cost involved in operating a short-term uh rental business here. So, if you're in the management of short-term rental businesses and you have to get an additional license with an additional fee to keep track of, I don't support that.

That that's that's not a part of this proposal. This proposal is for property management businesses that do rental of all sorts of things is to if if a part of their operation includes STRs, that doesn't make them exempt. That's what this provision does. So, it doesn't make any STR groups inclusive because they're already exempt by the STR ordinance. What this does do is that if there are property management businesses in the city that include STRs as a part of their portfolio, it wouldn't exempt them. They wouldn't have that as a basis to be exempted. That's all this says. Is that correct, sir? It's your amendment, but that's the intention and that's what I intended to write.

So, that was the intent. Is there any more discussion? There needs to be a motion to amend. Yeah. And a second. Motion to amend section 4F. 4F. Uh to read um short-term to amend it to add short-term rentals as defined in the city short-term rental ordinance uh which is already there. Can Can I Can I help you out, Mr. Wilms? It's to You want to do this, right? Yep.

Okay. So, it would be to amend section 4F, which currently reads short-term rentals as defined in the city short-term rental ordinance. It would amend that to read short-term rentals as defined in the city short-term rental ordinance. Property management businesses, even though managing short-term rentals as part of their operation, shall not be exempt. Change it to read like that. Second. Uh, was that a second, Craig? Second. Okay. Motion by Larry Wilson, second by Craig Honchel. A roll call vote on the amendment. Council member, yes. Harp, no. Hughes, yes. Newport, yes.

Wilms, yes. Isbell, yes. Motion carried, 5 to one. Uh we now have the uh ordinance on the business license with the two amendments and it's on third reading. Is there any discussion of the ordinance in general? Just if I may, I' I'd like to uh thank Larry for his uh diligence uh reading through that. There's a lot of information in these packets and to catch the things that he is able to catch sometimes blows my mind. But uh I Good job, Larry. Thank you. And uh make a motion to approve.

This is third reading, correct? It was Craig. Motion by Craig Hansel to approve. Is there a second?

Second. There's a second by Shay Newport. Uh, is there more discussion or you want to have a roll call vote? Shay, there's definitely discussion, but I I'll pause and let someone else jump in.

Okay, Travis. Uh, I'll go first. I don't mind. Uh, just to reiterate that I'm opposed to this. I don't think it's a terrible idea. Uh, I understand. I spoke with the fire department and, um, I understand their angle on this. However, I just don't think we're to a point where I can support this. Uh I've said it many times and I'll continue to say it. We need to do everything we can as a city to increase businesses here in Bella Vista. Uh because that's how we're going to get enough funds to provide the services that our citizens deserve. Uh I don't think we're going to get it by increasing taxes and fees and licensing. Uh, and this is just another step, another red tape, another license, another fee to get a business up and running here in Bella Vista. And I think right now we should focus on making it easier and cheaper and more streamlined. Larry Wilms.

I guess my view, and I've stated it at the work session, is that I I don't believe this uh proposal adds any value to any of our business in Bella Vista existing or any value to a future business coming to Bella Vista. It's a convenience for our departments, but my feeling is is that if you're a business owner, you need to be responsible and know what the rules are. If you don't understand the rules, maybe you shouldn't be in your business. So, it makes the owner responsible for negligence or missing opportunities which have been recited by our police chief and and planning director in the past as to why they're proposing this. So,

okay. Uh Wendy,

so our city currently not having business permit has not made us a beacon or a safe haven for businesses to land here. If it had, we'd have businesses left and right knocking down the doors to come to Bella Vista. And we've other issues that have caused roadblocks for that. But us not having a business license requirement has not been the green light for people to come here and want to land here. That's a whole another ball wax we need to change and do to actually get businesses here to entice them to court them to make them want to land here. I do, if my colleagues are agreeable to it, would like to maybe push this off for a month for us to really sink into it and make sure if we're going to pass something that is exactly what we need to pass at the first go and not make changes to it later. And so if people are agreeable to it, I'd like to table this for one more month.

Mayor Mayor, there's Mayor, there's already a motion to approve in a second, so that would not be in order at this time.

Oh, okay. Um, thank you for your discussion. I I would like to point out that uh Taylor Robertson provided you with a list of what all the other cities do and every class one city in the entire area has this. The only cities that don't have a business license are little tiny places. Um, and Rogers, Fateville, Bentonville, and Springdale all have it, and they seem to be attracting businesses just fine. Travis, with that point, mayor, I'd like to point out that the point of the business license is to track businesses so you know exactly how many are in your city. And we were not able to be provided with how many businesses are in those cities. And so it defeats the purpose of having the license if you can't track them. I got I asked for a list of how many businesses are in those cities and we did not get a complete list

from from who? From you mean you asked the cities how many businesses they had or I yes I asked uh director Robinson. So, I may have explained that bad, but basically the point of the business license is to track how many businesses you have or if they're coming or going. I asked for a number of how many businesses those cities that require a business license have and we weren't able to get that number.

Shay, I thought I had asked for it and I don't remember asking for number of businesses, but maybe you asked off to the side, but just so that it's Yeah, I don't want it to seem like she didn't do the assign. She met my she met my request, so maybe that's what uh was sent out. Um, if I have a question uh for Mr. Kelly. If we I know we need to vote on the ordinance and and tableabling it is now not an option, right? Um, but if we vote it I'm sorry. Oh. Um, and however, if we do vote it down, we can also pick it back up and reconsider. If if if if the person who moved to approve it wants to withdraw their motion and the person who seconded it is willing to withdraw their second. Okay.

Then you can get to a position where you could table it if you want without having a final vote at this time. Okay. So I'd like to remove my motion. Okay. You're you're you're you're withdrawing your motion. I'm withdrawing. Yes. I'm sorry. And then who made the second? I also withdraw. Okay. Mayor, I'm not running the meeting. You need You've got to do it. Now, someone wants to make a motion to table it. When use I'd like to make a motion to table this ordinance for one month. Seconded. Okay. So, that will be to be heard at the regular meeting in November.

So, that was Wendy Hughes and Shane Newport. Roll call vote on the motion to table their business license. Council members Hanchel, yes. Hart, no. Hughes, yes. Newport, yes. Wilms, no. Isbel, yes.

Motion to table carried four to two. Uh, thank you for the discussion. The next one is an ordinance D establishing respective cost sharing of health benefits between the city of Bella Vista and certain police department and fire department retirees and their dependent and this had been tabled until October. Uh Travis, I had the impression at the work session you wanted to withdraw this, but I'm I'm open to whatever you want. Yeah, I'd like to withdraw that or I'm I'm not going to entertain a motion for that. I'll go to the uh the 85 eligibility standard one.

So, mayor, what we've got to do is we need to table that indefinitely if we're not going to consider it. Okay. Or table it to a day certainly. I just want sure what his motivation was. You know, give him a chance. Thank you, Mayor. I'll move to table it indefinitely. Okay. Second. That was Larry Wilms and Wendy Hughes motion to table uh the resolution in D indefinitely. U any more discussion? Shay, I just want to make sure that Travis feels that he's heard before we table something indefinitely. Yes, I appreciate it. I'm here for you. Okay. Okay. Uh roll call vote. Council members Hansaw.

Yes. Harp. Yes. Hughes, yes. Newport, yes. Wilms, yes. And Ispel, yes.

Motion carried to table it indefinitely, six to zero. Now we're into new business. Next one is an ordinance waving the requirements of formal competitive bidding and authorizing a contract with Superior Automotive Group in a total amount not to exceed $128,314 for the purchase of two 2025 Ford F250 trucks for use by the police department. And there's a little discussion of this at the work session and Tim Cook gave us a little summary. Uh, would you like to hear more about it or discuss it or

Travis? I'll just like to say that I was I was not going to support this until I heard his explanation. So, I I feel pretty good about this purchase, though. Uh, Shane Newport. Um, I don't see it in here, but is staff um asking for a third and final on this? I think they are, mayor. Yeah. Yeah, we Yeah. Yeah. That hadn't been communicated, but it could go to third and final if people are so motivated. Just just to confirm with the chief, this is budgeted item, correct?

Yeah. I would move to uh wave the rules and move to third and final reading. Okay. Suspend the rules. Suspend the rules. That was Larry Wilms and Craig Honchel was the second. Any more discussion? Okay. Roll call vote on the motion to wave the rules and suspend the rules. Suspend the rules and move the third and final reading. Council members Hansel, yes. Hart, yes. Hughes, yes. Newport, yes. Wilms, yes. And Isbel, yes.

Motion carrying six to zero. I'll read it for the third and final time. Waving the requirements of formal competitive bidding and authorizing a contract with Superior Automotive Group in a total amount not to exceed $128,314 for the purchase of two 2025 Ford F250 trucks for use by the police department. Motion to approve. Second. That was Craig Honchel and a second by Larry Wilms. Uh, roll call vote. Council members Honcho, yes. Harp, yes. Hughes, yes. Newport, yes. Wilms, yes. And Isbel,

yes.

Motion carried six to zero. Thank you very much for that. Next one is an ordinance amending the Bella Vista zoning ordinance and map to reszone property described in reszoning petition [clears throat] number 2025-59940 county parcel number 16-43269-0000 from re residential state district to C2 local commercial. Um the petitioner is here and would like to make a brief presentation. Mr. Kio, would you like to come up? Thanks.

Thank you, mayor and council members. Um thank you for the opportunity to present before you. My name is Jack Kho. Um that's my wife, Riley, and our daughter Esther back there. Um, I first came to Bella Vista 10 years ago and um, love Bella Vista and my wife and I recently purchased a home close to Lake Windsor. And today my hope is to present before you um, in hopes of changing the zoning on a parcel that we purchased from residential estate to commercial. Um so I made a presentation um which yeah is shown here. Um I think there's a big need for more commercial development in Bella Vista as we were previously discussing and um in on the economic development page it cites the 2018 consultant study estimating that there's 137 million um spent annually on retail by current residents and 129 million of those dollars are being spent outside of Bella Vista and um losing losing that spend um just suggests that there might be a gap in the local services in compared to other cities nearby us and um so if we could go to the next slide. Um I think Bella Vista can be gaining from these commercial dollars that are being spent elsewhere and we could further promote business here in Bella Vista and retain that spend. Um, this graph on the top just shows the number of restaurants in Bella Vista in comparison to Bentonville and Rogers. Um, you can see that there's on

Trip Advisor around 25 or so restaurants here in comparison to 225 in Bentonville, which yes, Bentonville has a larger population, but it's slightly less than double. And so if we were to compare where Bella Vista would be um in comparison to Bentonville, you can look at the second graph and that would be the number of restaurants here in Bella Vista. And since 2020 there's been an 11.91% population growth and so I think that there is a need for more restaurants and coffee shops. Um yesterday my wife and I were at uh Table of Pawn and they turned people away just because it was busy and um I think that there's opportunity for other restaurants to also be able to help service the residents here in Bella Vista. Um if you can go to the next slide. This is one potential use. Um, I had a rendering and a site plan created that could go on this property which is um once we go to the next site I'll show you where the property is located. Um, but it's right across from uh the village center, which is where Bell's Table is. And um I believe it'd be a great location for a small restaurant or a coffee shop that could serve the needs here um of residents and further promote growth as well as commercial tax dollars um and could become like a cool spot like Onyx or um airship like some cool little coffee shop uh here in Bella Vista.

Sir, I want to I told you represented this at the work session. Yeah. When we're talking about a reasonzoning, they can't really consider a specific use that you may propose. They have to look at all potential uses. Okay. The information you volunteer is what you wish to volunteer, but they can't base their decision on one any one particular use. That they're going to look at the entire code. I just want to make sure you understand that.

Okay. Yep. Thank you. Um, and as we can see here, it this is based uh on a major arterial road on Lancashire directly across from C2 Commercial. Um and it is called the village center which I think makes sense as a place to add more commercial as a city grows outside of commercial. So it is directly across from commercial and then adjacent to two other residential estate. If you go to the next one please here's just showing it from the other side. Um and then if you go to the next um there were a few issues brought up at the last meeting and I just would like to address those issues. I've also spoken with two of the neighbors. Um, one of which shared last meeting. Um, Darren Callahan. We spoke for 45 minutes on the phone. He is the one directly to the right if you're looking up at it. He owns that house. Um, and him and his wife shared at the last council meeting some concerns around privacy. And so I've discussed with him um that I'm very happy to help uh increase like I know in the city plans that there are already um codes for commercial next to residential, but I have talked with him that I'm very happy to increase tree buffers and to help with privacy concerns with the neighbors next door. Um, and then I'm also I know that there was an email sent in around someone had concern a resident had concerns around marijuana store or adult entertainment, something like that. And I would like to propose to self-restrict. I personally would not want that to happen. Um, and so I'm proposing self-restricting to no liquor store, marijuana store, or adult entertainment on this reszone. Um,

so, so are you saying you're offering a bill of assurance to the council that could be if that would be the best route to and you're the one talking. I I just want to make sure he go ahead.

Um uh and then so two properties over I spoke to one of the neighbors who is two properties over to the east. Um and Randy Robuk and he he's at 633 West Lancashire. His is zoned commercial in the county. Um and and so and his is also next to adjacent to residential and then across the street the village center is C2 and is adjacent to residential as well. And so I think that the code um kind of prepares for this situation where there's going to be res commercial next to residential. And then if you could go to the next one. Um, as far as topography, those were some concerns that were raised. Um, with a smaller development, there is, it is flatter in the center and the front of this parcel. Um, and it would be possible to develop something with not that much grading, but I am prepared to grade the parcel. Um, and then if you could go back to the other slide. There was a third slide. want utilities. Oh, it's not in there. Um, another concern was utilities, which is on your I have this slide on your um I believe it's on the uh pamphlet I sent, but I spoke with Centerton water uh with Centerton Utilities and I was told over the phone she thought that we could pull water. it would be at developer costs across because across the street they're being serviced from a water perspective from Centerton utilities. Um I'm still waiting to hear back in an email further detail on that. Um but then an additional route would be

to create u to put in a septic and a well which we're prepared to do as well. Um so those are the reasons that I wanted to present my request to reszone to commercial. Travis,

thanks. Thanks for your presentation. Uh I'm a I'm a avid supporter of small businesses here. I don't know if you've heard me say that even in this meeting, but um my only issue with this and if there was a way that you could legally, you know, offer us assurance on the type of business that would be fantastic, but it's your proposal and you would have to come up with that, I think. Um, but I made an amendment to this that I would uh be supporting tonight if you were uh interested. And it just basically takes it from a C2 to a C1. And then I would I would just vote. You would get my vote for C1 tonight. But I'm only one vote. So

Wendy, kind of piggybacking on that, why did you choose the intensity of C2 opposed to CR or C1? I was encouraged uh by someone that because it's across from C2 that it would most naturally make sense to go for a reason that was the same as what it was across from. But I'm open to C1. That was just the reason that I proposed the C2. Wendy. And then Taylor, what is CR again? Okay. Uh Larry,

I I guess a couple of comments relative to your proposal and and presentation, Mr. Kio. Uh restaurants in Bella Vista versus Bentonville and Rogers. Bella Vista was created by a developer buying a huge quantity of land and planning for it originally, I think, to be retirement homes. meaning people would be here only half of the year or part of the year. And so he did not provide u commercial space commensurate with this being a planned city with a normal normal population distribution. Okay.

So as a result of that uh with part-time people being here businesses could not function unless they had year round operation year round customers. And so there wasn't a development of restaurants in B Vista and there still isn't today because we still have quite a few who have become accustomed to shopping for restaurant food outside of our city. And so that's that's one of the reasons we don't have a lot of restaurants here. We don't have a lot of space that was originally provided for. Okay. Mhm.

Uh uh the other thing would be what you're suggesting to do is is reszone a piece of residential property that's between two other residential properties and adjacent to more residential properties to the south. Um, some in the business might call this spot zoning and uh I don't know that whether that's the classification or not, but it could be used and applied here. Um, suggesting that you would like to put in a coffee shop if we were to base our decision upon that would be a contract zoning and that's illegal in all states. uh screening uh the screening of the property uh from the neighbors and whatever is provided by our development code and it's very explicit about what it requires when you're next to a another business residence uh a public entity whatever so that you're covered there you don't have to commit to that they'll take care of it when the project comes in for approval uh utilities um water and sewer. [clears throat] I don't know that that land was owned by Cooper. [clears throat] I think that was not a part of the Cooper acquisition,

so it can't be serviced by Cooper's Bella Vista water system. Uh, so it likely falls upon the original rural water district that serves that area and the shopping center across the street from you. South and east of where you are and west of where you are is served by the old rural water district water authority number one in Benton County, which was acquired and purchased by Centerton Utilities. And so they operate that. Now, uh, for sewer, I don't know that there's any regulation about the sewer. If it's available in the area, they're an independent private utility, and I think that if they can get access to put it there, they may be able to serve you. You need to consult with them. So,

Travis, I just want to remind the council that C1 is commercial residential. I think that's how it's stated. So, it's it to me it fits perfectly with what he's trying to uh where he's trying to put this business. And we've we've got to be the only city of 35,000 people in Arkansas without a coffee shop. And I know we have to make this to where it fits any business with C2. I understand that. Uh, so that's why I wanted to propose this amendment that goes to C1 in I believe that's commercial residential. Am I saying that right, Taylor? Commercial. Neighborhood commercial. Neighborhood commercial. Sorry.

Uh, Shay Newport. Um, just a couple clarifications. We could let this go to two more readings. Correct. Yes. Okay. And then it is a little confusing I think for probably everyone since we've adopted new codes that won't go into effect until December. Um, so this is this would not take effect until after the effective date of the new code. And so that's been taken into account. And so you would be looking at the schedule of uses in the new C2 currently or the new C1. There's not been an amendment offered yet, but so you'd be looking at that schedule of uses.

And there's also a CR in the new one as well, right? Okay. So, and that's an even less intense usage than one or two. Mayor, it might be helpful for Taylor to be able since there was a presentation to be able to tell the council what this is about. To have Taylor speak as well. Thank you, Jack. Appreciate it very much. Thanks so much. Very nice. Very nice presentation. Thank you.

Your baby tried to upstage you, but I'm happy to take any questions you guys may have, but I gave a pretty thorough overview during the work session of this request. Um, the packet that you guys have before you does have C2 local commercial with the new code for your review and as well as the planning commission reviewed both because we predicted this exact situation would happen. Um so we wanted to consider both during the time of the public hearing and then the local commercial C2 is provided for your table of uses and that is what is being considered. Um there is another option as well that hasn't been discussed. It was discussed well before our pre-application. Everyone keeps talking about use specific. The only use specific application that you guys can consider one specific use is something called a planned zoning district. That is when they disclose the entire master development. They enter a contract agreement with you all. you get to see exactly what's going to be developed before um you guys approve the reszone. So, it's approved at the same time. Other than that, we must consider all uses within the table. So,

and so that that that's one thing I need to add because I I asked a question about whether he was offering a bill of assurance and I need to tell the council what that's about. We've never done that here before. It's something that could be done. Someone who's seeking a reasonzoning could offer, we can't request it and we can't mandate it, but could offer a what's called a bill of assurance, which would basically give the city some protection from certain uses that otherwise would be allowed in a zone that would prohibit it. So, he mentioned a bill of assurance that would preclude liquor stores and adult entertainment venues. I asked uh and I'm not entirely sure that those would even be allowed in a in a C2 or a C1. Um but did we get an answer to that question?

Adult entertainment is only allowed conditionally as approved by the planning commission in the industrial district. It's not allowed any So that would be of no use to you. Um liquor stores I don't I need I need more time to confirm with the code. And so that really the point there is if they offer a bill of assurance, they need to do that in writing. We need to see it and know what the terms of those are and that becomes a factor that you can consider. They're wanting to talk over. Oh, no. Just I had a question. So, the bill of assurance would that be basically a deed restriction where that basically. Yes. So, it would follow new owners. Yes. Uh Travis.

Yeah. We we have entrepreneur here that wants to open up business in Bellist and I think we ought to do whatever it takes to get that done. And I like what Taylor presented as another option from here. U but is could you tell us Taylor is C1 more appropriate there?

C1 is less intense. You have actually three options that are less intense than what he's requested. C1 commercial recreation and then trail overside uh trailside overlay um which is very specific and uses in minimal uh that addresses outdoor mobile vending, coffee shops, uh restaurants, things like that, things that are along the within small residential areas as well. So you actually have three options if you're just looking for a less more a more less intense use than C2. Is the Wendy is the TSO the most restrictive? It's the or or or CR. Which one would least amount of uses? Yes, that's going to be TSO.

TSO. Okay. What about the water situation? I saw you shaking your head back there. Yeah, I called um and this was one of the pieces of information I gave at the work session as well, but this piece of property doesn't have access to Centerton water or PA water. Absolutely. It's in the area because of the village [clears throat] shopping center across the street, but Senator said this parcel is not within their service area. They service the area to the south of this. They said they would not provide service to this parcel. Okay.

When we did our research, so this most likely would need ADH approval for a well and then some type of on-site wastewater management. And if it's commercial, a leech field is probably not going to be applicable to that. Thank you for the clarification, mayor. Uh Travis, so why not let the business owner worry about that?

One of the requirements that staff has to present is suitability for development. And so that's why that was presented as as well as the topography concerns. I I uh I thought that Shay had a good point that this is first reading and it's seems to be a complicated situation. Shay, I do have one other question. Um just because I'm not I know there's like an application and there's a certain ask. Uh I guess this this question is to Mr. Kelly. You know, Travis proposed an amendment about C1, but would would amendments work in this case? could uh if if we want can council propose amendments for TSO any the city can the council has the authority to zone it however it sees fit

okay so you have the full authority to to to zone it I mean the the the process has gone through the planning commission there's been a public hearing but you ultimately determine what the zone is except for PZD that is not an option yes and then sorry one other question um hold on I lost it buffering one Um, nope. I'll come back. Sorry, I forgot.

Wendy, just for clarification, our proposed changes for the zoning would have to be amendments, correct? Written amendments. The current proposal is to go from re to C2. If you want to go to any other zone, you're going to have to have a motion to amend, go through that process. And then there's three readings and final approval just like any other ordinance. Perfect. Thank you. Sh. I remembered. Uh just for the benefit of everyone, I know this is in the packet, but can you tell us what this parcel is deemed under our future land use that we did just adopt last month? Uh the zoning.

Okay. The zoning has it as re residential estate as well. Future land use is a little bit different. Um, future land use has this designated as a future neighborhood, but it is within a type two node on the outskirts of it. That is talked about in the staff report as well. Our type two village center node should be most intense at the intersection of 279 and 340 and then less intense on its way out. Travis mayor, is there any way the city can work with the applicant and get some more options on the table and present that like next work session?

What do you mean by other options? Because we cannot get into specific uses. Okay. I was just trying to think of a way we could, you know, if he wanted to present uh like the full plan um whatever that was called. Yeah, we did discuss PZD at the preapp and that was one of the options we discussed. Um but we can't staff can't amend at this point or any this is all within the new guys' realm at this point. It's it's on our table. Okay. I'll get with the applicant then and I'll I'll bring something to the work session hopefully. Wait a minute. to to do what? Because we are legally b I'm not just being a pain here. There are legal reasons why we can't get specific. All right. Well, then I'm not playing.

I have a motion to amend to move to the C1. So, there's a motion. There's a motion to amend to C1. Is there a second? uh it dies for lack of a second. So Wendy, offer that again next month or another time in the future.

I'd like this to go to three readings. It seems like a very complicated um issue. I think we all agree that we do need more commercial businesses in Bella Vista. We all want to see that growth. We want to see that commercial tax base grow, but we also want to make sure that we are doing right doing it the right way. I did have another question. Have we looked at traffic studies? what that could possibly entail having turning traffic higher inity traffic going different directions that's done at the time of large scale um so this is this is way before that so yeah

usually when you uh can't get water and the planning commission voted it down six to one you you don't feel like you're ready for a traffic study yet Larry Okay. I I I guess I I can look back at the uh planning commission when they considered this and they had viable reasons for not supporting it. Um and I I cannot support the proposal whether it's C1 or C2. Um I think it fits into spot zoning. It fits into contract zoning in some regards. Uh because of what we've heard and what we presented. Are we voting because of something that has been presented to us? Uh the fact that it doesn't have water or sewer utility access for commercial is going to make it difficult for marketability if this is if this owner chooses to sell it. Uh commercial places need public water and public sewer to be viable. That's in Bella Vista. That's anywhere where it's available. Um, there are communities that rely solely on private wells and septic systems, but we're not one of those, even though we have them in our community. So, I can't support any proposal um at all. And I'm on the side of the planning commission not supporting it. Craig.

Well, and that's Larry pretty much sums up my feelings on it, too, because that's anytime I consider anything. Do I want to live next to it and is it safe? And until those two I can rationalize those two criteria. I mean, if there was a bill of assurance that we we could guarantee screening, noise, etc. things that impact I know I know we can't but that's what I'm saying is that those are the concerns that I have seeing before I get painted as the you know I love to see small business I think it's great but the challenge to this is kind of location and that's I didn't know what the criteria was for like a traffic study I knew I did I didn't know if we were into that realm um but as proposed I'm I'm going to have a struggle with it doesn't mean that I'm not going do the leg work. I need to talk to neighbors, see how they feel and all that kind of stuff. So, I mean, it it is uh you know, this is first time, first reading. So, anything can happen. Thanks for the proposal. You did it great.

Okay. One one last comment, Larry. Go ahead.

Uh I want to thank the thank Mr. Kho for for having the creative thought to uh bring this forward to reszone it to make it into something that would benefit the city. Uh I think I he needs a compliment for that. The reality is I I don't think it's a good plan for this particular site. No water, no sewer. It's going to be diff difficult for you. Uh if you develop this, it's going to be extremely difficult to sell it as a commercial property. So, and not only that, but it's sandwiched between two existing residential uh houses. Um, and they would not be pleased with whatever would go in there. So, okay, I think we'll let it go to second reading and maybe people can think can think about it. Um, but I do thank Mr. Guio for his presentation. Very helpful. The next one is a resolution uh establishing a health insurance premium credit for eligible police and fire department retirees and their dependent based upon a rule of 85 eligibility eligibility standard. And uh this was proposed by myself and and the attorney helped write it up. I spoke to human resources about it. And they were very helpful and I was going on a philosophy of you know one side wants this the other side wants nothing so maybe the answer is somewhere in the middle. It was the general philosophy. So I don't know if anybody wants to comment on it or

I I have a question for HR. How how confident are you of the projections that were presented for us to review for the this proposed resolution? You pretty confident about that based on what we have now?

Is it on? Okay. Yeah, I looked at it several different times. It is very limited in the number of people that will ever qualify for it because as it's the rule of 85, it's um age plus years of service. Um fire and police can retire quite young if they start young. And so a lot of people choose to retire prior to even getting there. Um the reason some of these people will be eligible, but I looked at and counted in that count, excuse me, allergies Part of the reason um for those people being eligible is they have service from their time at the POA as well in included in their age plus years of service calculation. The same really would apply to the um other ordinance that we withdrew. Uh the one that councelor Travis Harp presented um that would have a limited

yes participation as well. Yes. Uh but the cost to the city would be much different under because more people would qualify under that. So, thank you for Thank you for clarifying. Any other comments? So, second. That was Greg Hansaw and Larry Wilms. Roll call vote. Council members Honchaw. Yes. Harp, yes. Hughes, yes. Newport, yes. Wilms, yes. And Isel,

yes. Motion carried six to zero. Thank you for that. Last one is a resolution amending the 2025 budget to authorize one additional full-time building inspector position in the fire department. We talked about this a little bit at the work session and the fire chief uh and Roger Guyire, the chief building official went back and studied it and thought that a a budget amendment wouldn't be necessary because for the rest of this year it's just a month or two, you know, penny when you hire the person. So they think they can do it within their existing budget. Fantastic. So it's just the vote is just to add a person. Travis.

Yeah, I've spoke with both of them at lengths with this and in detail. I support this. Uh there's an issue getting these these uh builds off the ground, up running. We talked to the mayor about it. Uh people are sitting on job, you know, two to four weeks without making progress. That's expensive. They pass that on to the buyer. Uh it's expensive to keep your construction workers uh actively engaged on your site if there's no work they can do until they get the uh the inspection for the next phase. So, um, I support this. I think it's it's a it's it's a no longer a desire, it's a need. Motion to approve. Wendy, that was Wendy Hughes and Craig Hansel.

Go ahead. Can I get in a comment before you guys do that? Well, you can still discuss after the motion. Okay. All right. Go ahead.

All right. My my my thought being is that um in my experience, the building inspection program, the key people in there are funded by the fees and rates for the permits that are issued. And so I don't know if we're doing that. I've heard from the outside that maybe our rates are not high enough uh contrary to the builder complaints about how high they are to build in Bella Vista. Part of that has to do with two layers. You have a a a which regulates the outside of the building or structure and you have us who regulates the outside and the inside. Uh so it's it's a matter of uh it's a matter of how really is it and if you count both of them we're probably higher. But I think our fees itself should support our inspection team. uh maybe not the director or manager for it, but the inspection team. It should cover the cost of all of the reviewing staff. Um not the c not the planning commission, but the reviewing staff internally that do reviews of plans and projects. So that would be my comment about it. Mayor,

my question, my other question is while we our budget this year can afford hiring one now, will we be able to afford uh an additional person in this capacity next year? Because this year we're we're we have a budget that's currently 800,000 under underwater. Yeah, we well we do did have this person in the budget that the rough draft that was presented to you had this person in it, but not in the final version. Well, we haven't got the final version yet. That's why I said the rough draft version. Oh, you're talking about the draft?

Yeah, I'm talking about the 2026 budget. Okay. Yeah. Yeah, we anticipating hiring this. and and you know the need is so great that uh building community has really gotten super active and uh there's a lot of pressure to uh do something about the inspection situation. It it's uh it's become a daunting task because they it's kind of like it was a rocket ship that was going up and now it's really going up. It's just getting faster and faster. Travis, I disagree with the fees. I think this is a situation where we need more businesses and more sales tax. That's how we afford this.

I did uh there was a person either last meeting or the meeting before who was a builder who basically got up and said all of our fees were way too low if you'll recall. So he didn't miss any words about it. I thought that was interesting. We get other complaints from other builders, but that's neither here nor there. Yeah. Okay. I think we're ready for a roll call vote. We have a motion and second. Yeah, we have the motion in second already. Council members Honchel, yes. Harp, yes. Hughes, yes. Newport, yes. Wilms, yes. Isbel, yes.

Motion carried 6 to zero. Thank you for that. Uh, announcements. The next city council work session is 5:30 p.m. on Monday, November 17 at the Bella Vista. I think it's at the district court. Uh, next city council regular meeting is 6 pm Monday, November 24 at Bella Vista District Court. Planning Commission work session 4:30 p.m. Thursday, October 30 at Bella Vista District Court. Planning Commission regular meeting at 4:30 p.m. or immediately following BIS BCA meeting Monday, November 10 at Bella Vista District Court. Board of Construction Appeals 3 PM Wednesday, November 12th, if necessary at fire station number four, conference room 1639 Forest Hills Boulevard. If there's not anything else, uh, we're ajourned.