Scissortail-Area Land Swap

The Story in Documents

The following timeline documents the key turning points in the process that led to the Scissortail land-swap proposal as best we understand it through the emails and public documents from a variety of government officials. All the information here was obtained through Arkansas Freedom of Information requests, and we appreciate the cooperation and professionalism of the officials as we worked with them to understand the long path they took to get to here.

The selection of documents here are arranged in chronological order. Many are raw and unpolished work communications that give a peek behind the scenes of day-to-day government operations. There is often technical or legal language, bureaucratic process, back-and-forth discussions, and sometimes missing context where conversations shifted to phone instead of email. This can make it confusing to follow, so we have tried to summarize the most important events.

Scisortail Hand-Off (Rogers to Bentonville)

Documents from the first half of 2023 the Rogers Planning Department initiated preliminary conversations with Bentonville about the feasibility of transferring lands west of Hwy AR-112 well over a year ago.

2023 April 10

Rogers Planning Director John McCurdy tells Bentonville Planning Director Tyler Overstreet and Bentonville Staff Attorney Bonnie Bridges that Rogers would like to give their lands west of Arkansas Highway 112 to the City of Bentonville, indicating Rogers Water Utility is willing to continue providing water and sewer services to the area.

Bridges confers with fellow Bentonville Staff Attorney Camille Thompson about consulting internal interests first, speculating about whether Bentonville will want the offer.

Thompson shares the offer with Bentonville Staff Engineer/Rogers Water Utility Chairman/Scissortail Resident Peter Farmer, relating his skepticism from the utility perspective.

The various staff members negotiate a meeting time.

RE Evening Star Annexation - Internal Discussion.pdf

2023 May 2

Rogers Planning Director John McCurdy suggests they're ready to bring utilities staff into the converation to assess the infrastructure implications of a territory transfer.

Recipients includes Rogers Water Director Brent Dobler and Bentonville Planning Director Tyler Overstreet.

2023.05.02 McCurdy to Rogers, Bentonville, RWU - West Rogers Annexation.pdf

2023 May 8

Rogers Staff Attorney John Pesek sets up a meeting with Rogers Water Utility Superintendent Brent Dobler and RWU Attorney Robert Frazier to discuss the proposed move of Scissortail to Bentonville.

Fwd Annexation.pdf

2023 August 25

Discussion between Rogers Staff Attorney John Pesek and Rogers Water Utility Attorney Robert Frazier re: transfer of water assets with detachment and annexation.

2023.08.25 Pesek to Frazier - RE Bentonville_Scissortail Annexation.pdf

Misenheimer Annexation (Cave Springs to Rogers

In the latter half of 2023, the conversation between Rogers and Bentonville seems to have come to a close with Bentonville uninterested in annexing Scissortail, due largely to the high costs of pumping sewer uphill into their system for treatment. Bentonville has recently made a more intentional effort to plan their development and sewer capacity strategically.

Meanwhile, a single property owner wants to change cities, and the idea grows over time.

2023 August 29

Private Attorney Bill Watkins asks Rogers Planning Director John McCurdy to support amicable de/annexation of Misenheimer Trust property from Cave Springs into Rogers

McCurdy replies that Rogers has already identified the parcel as part of a section of Cave Springs they would consider "beneficial". He includes Rogers Staff Attorney John Pesek and Mayor Greg Hines in response.

2023 September 20

Pesek and Watkins discuss the existing utilities available on site before moving the email back-and-forth to a phone call.

Watkins later conveys that Cave Springs Mayor Noblett would not be interested in transferring the entire island referenced above, if the owners would object.

FW possible annexation - Misenheimer friendly process.pdf

Rogers/Cave Springs Land Swap Begins

By early 2024, the groundwork has been laid for Rogers and Cave Springs to begin formal discussions. The February 13 introduction from Attorney Bill Watkins became the start of public awareness of the proposal, but the communications to this point show that has been months in the making.

2024 February 7

Misenheimer Attorney Bill Watkins has had an interesting conversation with Cave Springs Mayor Randy Noblett and wants to tell Rogers Staff Attorney John Pesek about it.

2024 February 12

11:30 AM

Misenheimer Attorney Bill Watkins and Rogers Staff Attorney John Pesek coordinate a call to look at GIS maps and clarify the offer they have discussed before Watkins calls Cave Springs Mayor Noblett.

4:30 PM

After the visit, Watkins says Noblett is "on board with the land swap" and putting together a list of people to involve. Mayor Noblett will be the contact point.

Pesek forwards the update to Rogers Planning Director John McCurdy and Rogers Mayor Greg Hines.

RE Cave Springs _ Rogers.pdf

2024 February 13

Private Attorney Bill Watkins (representing Misenheimer Trust) introduces Cave Springs Mayor Randal Noblett and Rogers Staff Attorney John Pesek to facilitate mutual de/annexation negotiations.

Related Coordinating Emails:

Inviting Dobler and Frazier

city boundary modifications.pdf

2024 February 14-15

Valentines matchmaking success! The meeting time and place are set - and adjusted. Proposed participants include:

Cave Springs Mayor Randall Noblett
Cave Springs City Attorney Justin Eichmann
Cave Springs Planning Director David Keck
Cave Springs Water & Sewer Engineer Daniel Barnes
Cave Springs Water Operator Jeff Coffelt
Rogers Staff Attorney John Pesek
Rogers Staff Attorney Bailey Crossett
RWU Superintendent Brent Dobler
RWU Attorney Robert Frazier

RE city boundary modifications.pdf

2024 March 18-22

In routine preparation for the upcoming City Council Meeting, Rogers Staff coordinate agenda materials for the upcoming land swap proposal:

Rogers staff Jeff Austin, John McCurdy, and John Pesek coordinate legal descriptions with Olsson engineering consultants Sikes and Hammond for Cave Springs City Attorney Justin Eichmann ahead of the cities' upcoming meetings.
Staff Attorney John Pesek requests better map from Planning Director John McCurdy.
Email exchange among Bailey Crossett, Jeff Williams, and John Pesek coordinating GIS work to support ordinance exhibit.
John Pesek and Justin Eichmann exchange updated ordinances
Staff Attorney John Pesek notifies Rogers City Clerk Jessica Rush that exhibits for the annexation ordinance will be late due to coordination with City of Cave Springs and requests delay in agenda publication. Otherwise, confirms agenda and coordination with Cave Springs.
Exhibit A - Map of Proposed Annexation Areas

Call coordinated between Rogers Mayor Hines & Cave Springs Mayor Noblett

City of Cave Springs.pdf

Land Swap Proposal Goes Public

The land swap gets it's first official public hearings as both Cave Springs City Council and the Rogers City Council have votes on their agendas on the same night.

Following the City Council Meetings, the documents again show two separate efforts running at the same time:

Staff at the Cities of Rogers and Cave Springs carry on with their efforts to move the plan forward.
Scissortail Residents begin organizing and looking for alternatives.

2024 March 26

Cave Springs City Council Meeting

Cave Springs Ordinance 2024-04

2024-04 Cave Springs - Rogers Land Swap[64].pdf

Rogers City Council Committee Meetings (Audio Only)

Rogers Council Committees 2024.03.26.m4a

Rogers City Council Meeting

Rogers City Council Meeting 2024.03.26.mp4

Rogers Ordinance 24-15

ORD. 24-15.pdf

Meetings, Meetings, Meetings

The documents above indicate where the ideas originated and how the early process unfolded behind the scenes. Since the March and April City Council meetings attracted public and media awareness, there has been greater public awareness as the process unfolds.

We don't know what the final decisions will be, but we can be sure the public meetings will continue!

2024 April 9 City Council Meetings

Cave Springs City Council Work Session

Rogers City Council Committee Meetings

Rogers Council Committees 2024.04.09.mp4

Rogers City Council Meeting

Rogers City Council Meeting 24.04.09.mp4

2024 April 15

Rogers Waterworks and Sewer Commission Meeting (Audio Only)

2024 April 16

Cave Springs Special City Council Meeting

2024 April 23

Cave Springs City Council Meeting

2024 May 1 - 2

A special meeting of the Rogers Waterworks and Sewer Commission is called to elect a new chairperson to replace Former RWU Chair/Bentonville Staff Engineer/Scissortail Resident Peter Farmer.