Board of Directors

MINUTES BOARD OF DIRECTORS MEETING JUNE 16, 2003, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, June 16, 2003, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Betty Lee Hill, and Pledge of Allegiance to the Flag was led by Mayor Bush. Mayor Bush called the meeting to order at 7:00 p.m. 1 Roll Call Roll call was as follows: Present: Directors Peggy Maruthur, Elaine Jones, Burt Newell, Carroll Weatherford, Bill Edwards, Bob Wheeler, and Mike Bush, total 7. 2 Approval of Agenda A motion was made by Director Wheeler, duly seconded by Director Weatherford, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of June 2, 2003 Board Meeting A motion was made by Director Edwards, duly seconded by Director Maruthur, that the minutes of the June 2, 2003 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests No guests were present for recognition.  CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (June 5, 2003). 6 Proposed Resolution No. R-03-140 Approving Certain Bid Awards [a] Polyethylene Pipe - Public Works (annual supply contract awarded to National Waterworks); [b] Asphalt Cold Mix - Public Works (annual supply contract awarded to Rogers Group) (tabled for two weeks); [c] Pest Control - Various Departments (annual supply contract awarded to Terminix); [d] Wastewater Testing Service - Utilities (annual supply contract awarded to American Interplex); and [e] Transmission Repair Service - Fleet Service (annual supply contract awarded to Hot Springs Transmission Specialists). 7 Board of Directors’ Meeting Schedule (July 2003 thru December 2003). 8 Proposed Resolution No. R-03-141 Approving the Extension of the Period for the Arkansas Firefighters’ Deferred Retirement Option Plan. (Removed from the Consent Agenda and tabled for two weeks). 9 Proposed Resolution No. R-03-142 Approving Certain Street Names (Powerhouse Lane and Tailrace Lane). 10 Proposed Resolution No. R-03-143 Authorizing the Mayor to Execute Contract Modification No. 4 with Habholz Building Management Corporation (NBMC) for the Hot Springs Civic and Convention Center Expansion Project. A motion was made by Director Jones, duly seconded by Director Wheeler, that the Consent Agenda be approved. Upon discussion, Director Jones requested that Item No. 8 (Proposed Resolution No. R-03- 141 Approving the Extension of the Period for the Arkansas Firefighters’ Deferred Retirement Option Plan) be tabled for two weeks. Board of Directors’ Meeting 2 June 16, 2003 at 7:00 P.M.  A motion was made by Director Edwards, duly seconded by Director Weatherford, that Item No. 8 (Proposed Resolution No. R-03-141 Approving the Extension of the Period for the Arkansas Firefighters’ Deferred Retirement Option Plan) be tabled for two weeks; and upon voice vote, the motion unanimously carried. Director Edwards requested that Item No. 6b (Bid Award for Asphalt Cold Mix ) be removed from the Consent Agenda for separate consideration; and upon voice vote, the motion unanimously carried. Mayor Bush then called for a vote on the motion to approve the Consent Agenda, as amended; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. NEW BUSINESS 6(b) Bid Award for Asphalt Cold Mix Regarding the annual supply contract for asphalt cold mix, Director Edwards stated that for $1.00 a yard more, the City can get hot mix that is within 15 miles of Hot Springs. He pointed out that with a trip to Conway, there is wear and tear on the trucks to get cold mix; and the next nearest location would be Texarkana. He questioned why the City could not use hot mix all of the time. City Manager Kent Myers advised that the City uses cold mix only on a limited basis for emergency repairs; but the majority of the time, the City uses hot mix. He explained that the cold mix is available in case the hot mix is not being made by the manufacturer. He added this is an annual service contract, which would be used only on a limited basis over the next year. Director Edwards asked if the City needed one yard of cold mix could it get five yards and be able to use it several months from now. City Manager Kent Myers replied that he could not say how long it would last. A motion was made by Director Edwards, duly seconded by Director Weatherford, to table the item for two weeks; and upon voice vote, the motion unanimously carried. At this time, Mayor Bush deviated from the agenda and called for the reading of Proposed Resolution No. R-03-145. Board of Directors’ Meeting 3 June 16, 2003 at 7:00 P.M. 12 Proposed Resolution No. R-03-145 A resolution entitled, “A RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WATER SERVICE ALONG BRATTON DRIVE,” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Edwards, that the resolution be adopted as read. Upon discussion, Mr. Steve Mallett, Utilities Engineer, reported there are plans in the Utilities Office for extension of water line outside the city limits, which is approximately 3,800 feet north of Highway 70 West. He advised that the water line is being brought out to serve the new Second Baptist Church development, and this is across the street to tie onto that line. He noted it does not have any conflict with the current specifications, and there are approximately 20 property owners running a six-inch line with six fire hydrants that meet City requirements. He said it is staff’s recommendation to accept the water line extension. Director Weatherford asked if this is for a ten-year period rather than five years, and City Manager Kent Myers advised that the Board is not approving the rebate agreement tonight. He said staff is requesting the Board approve the water line extension; and the City will continue to work with the property owner and their engineer, Mr. Bill Malone, to structure an agreement to be considered by the Board in July. Mr. Gary Ingle, 223 Bratton Drive, said they have collectively gathered $85,000 to be placed in an account to fund this project and spoke of the water problems in the area. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 13 Proposed Resolution No. R-03-146 A resolution entitled, “A RESOLUTION APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS,” was taken from the agenda and read by title only. Board of Directors’ Meeting 4 June 16, 2003 at 7:00 P.M.  A motion was made by Director Wheeler, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, Director Edwards was selected to witness the destruction. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 6. Voting “no”: Director Maruthur; motion carried. Whereupon the resolution was declared adopted. 14 Presentation of Condemnations Mr. Bart Jones, Rehab Administrator, gave a slide presentation of the following condemnation resolutions: 14a Proposed Resolution No. R-03-147 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (405 PINEWOOD),” was taken from the agenda and read by title only. City Attorney asked if anyone was present to speak against the condemnation. Mr. John Miller, 405 Pinewood, spoke against the condemnation stating his home burned September 19; and for the last six months, he has been taking down houses and is in the process of taking down a house for the wood to rebuild his house. He said that he plans to have it returned to a liveable condition and asked if the City could give him a six-month extension. Mayor Bush asked if he would have it up to code if the City gave him six months, and Mr. Miller said that he did not know if he can have it up to code; but he will have it different than it is at the present time. He stressed that he is not going to abandon it. Mr. Jones advised that staff’s recommendation is to proceed with the condemnation based on the current condition of the structure. He stated Mr. Miller is allowed 30 days to start repairing it; and if he makes progress, the City will continue working with him. Board of Directors’ Meeting 5 June 16, 2003 at 7:00 P.M.  Mr. Miller expressed concern that should he become ill and unable to work on the house, the City would raze and remove his home. Director Wheeler pointed out that the delay is depending on whether he becomes ill, and that is not what the City wants to decide. He suggested that he work with Mr. Jones and return to the Board if there is a problem, such as an illness. Director Wheeler made a motion, duly seconded by Director Jones, that the resolution be amended that Mr. Miller be allowed time as awarded by Code Compliance to do this; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted, as amended. 14b Proposed Resolution No. R-03-148 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (4626 CENTRAL AVENUE),”was taken from the agenda and read by title only. City Attorney David White asked if anyone was present to speak against the condemnation; and there being no one in opposition, a voice vote was taken on the resolution, which unanimously carried. Whereupon the resolution was declared adopted. 14c Proposed Resolution No. R-03-149 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (635 FIFTH STREET),” was taken from the agenda and read by title only. City Attorney David White asked if anyone was present to speak against the condemnation. Mr. Ira Robbins, 100 Hudson Street, stated that the location of this condemnation is across the street from him; and the person who purchased this property is going to tear it down and rebuild. She said that she is requesting for additional time. Director Wheeler stated there has to be a time limit, and Mr. Jones stated that the City cannot do anything to the house for 30 days from today’s date if the Board passes this Board of Directors’ Meeting 6 June 16, 2003 at 7:00 P.M. resolution; also, it takes him another two weeks to get the contractor. Therefore, it would be six weeks from today before it could be razed and removed. He said that he would work with the property owners. A voice vote was then taken on the resolution, which unanimously carried. Whereupon the resolution was declared adopted. 14d Proposed Resolution No. R-03-150 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (107 VINEYARD),” was taken from the agenda and read by title only. City Attorney David White asked if anyone was present to speak against the condemnation; and there being no one in opposition, a voice vote was taken on the resolution, which unanimously carried. Whereupon the resolution was declared adopted. 14e Proposed Resolution No. R-03-151 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 ( 217 VINEYARD),” was taken from the agenda and read by title only. City Attorney David White asked if anyone was present to speak against the condemnation; and there being no one in opposition, a voice vote was taken on the resolution, which unanimously carried. Whereupon the resolution was declared adopted. 14f Proposed Resolution No. R-03-152 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (122 CARLTON TERRACE),” was taken from the agenda and read by title only. City Attorney David White asked if anyone was present to speak against the condemnation; and there being no one in opposition, a voice vote was taken on the resolution, which unanimously carried. Whereupon the resolution was declared adopted. Board of Directors’ Meeting 7 June 16, 2003 at 7:00 P.M. 14g Proposed Resolution No. R-03-153 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (117 SHILOH),” was taken from the agenda and read by title only. City Attorney David White asked if anyone was present to speak against the condemnation; and there being no one in opposition, a voice vote was taken on the resolution, which unanimously carried. Whereupon the resolution was declared adopted. 14h Proposed Resolution No. R-03-154 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (502 EAST GRAND),” was taken from the agenda and read by title only. City Attorney David White asked if anyone was present to speak against the condemnation; and there being no one in opposition, a voice vote was taken on the resolution, which unanimously carried. Whereupon the resolution was declared adopted. 14i Proposed Resolution No. R-03-155 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (223 SUMMIT ALLEY),” was taken from the agenda and read by title only. City Attorney David White asked if anyone was present to speak against the condemnation; and there being no one in opposition, a voice vote was taken on the resolution, which unanimously carried. Whereupon the resolution was declared adopted. 14j Proposed Resolution No. R-03-156 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (405 GAINES),” was taken from the agenda and read by title only. Board of Directors’ Meeting 8 June 16, 2003 at 7:00 P.M.  City Attorney David White asked if anyone was present to speak against the condemnation; and there being no one in opposition, a voice vote was taken on the resolution, which unanimously carried. Whereupon the resolution was declared adopted. 14k Proposed Resolution No. R-03-157 Condemning Certain Property Pursuant to Ordinance No. 4623 (413 Alcorn). [removed from the agenda] 14l Proposed Resolution No. R-03-158 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (140 CHESTNUT),” was taken from the agenda and read by title only. City Attorney David White asked if anyone was present to speak against the condemnation; and there being no one in opposition, a voice vote was taken on the resolution, which unanimously carried. Whereupon the resolution was declared adopted. 14m Proposed Resolution No. R-03-159 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (203 CHESTNUT),” was taken from the agenda and read by title only. City Attorney David White asked if anyone was present to speak against the condemnation. Ms. Darlene Reed, 207 Ash Street, said speaking on behalf of her daughter, Deborah Reed. She stated they have a building permit and have to restore the structure if they are given time. Mr. Jones noted that the structure has been in this condition for at least eight years, and staff’s recommendation is to proceed with the condemnation. Director Weatherford questioned when the permit was issued, and Mr. Jones replied that he was not aware there was a permit. Ms. Reed advised that she received the permit on June 13. Board of Directors’ Meeting 9 June 16, 2003 at 7:00 P.M.  City Attorney David White explained if Ms. Reed has a valid permit, then the City cannot condemn this property. Mr. Jones stated she was issued a building permit but should have been issued a rehabilitation permit. He noted this is the City’s error. City Attorney David White instructed the Board that it has to vote against the resolution to condemn the property. He then called for a voice vote on the resolution, which unanimously failed. Whereupon the resolution was declared failed. 14n Proposed Resolution No. R-03-160 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (222 SUMMIT ALLEY),” was taken from the agenda and read by title only. City Attorney David White asked if anyone was present to speak against the condemnation; and there being no one in opposition, a voice vote was taken on the resolution, which unanimously carried. Whereupon the resolution was declared adopted. 14o Proposed Resolution No. R-03-161 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN PROPERTY PURSUANT TO ORDINANCE NO. 4623 (115 DOWNS TERRACE),” was taken from the agenda and read by title only. City Attorney David White asked if anyone was present to speak against the condemnation; and there being no one in opposition, a voice vote was taken on the resolution, which unanimously carried. Whereupon the resolution was declared adopted. 11 Proposed Resolution No. R-03-144 A resolution entitled, “A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO OPERATE AN OUTREACH MINISTRY AT 631 PARK AVENUE IN A C-1 ZONE SUBJECT TO CERTAIN CONDITIONS,” was taken from the agenda and read by title only. (Appeal) Board of Directors’ Meeting 10 June 16, 2003 at 7:00 P.M.  A motion was made by Director Jones, duly seconded by Director Weatherford, that the resolution be adopted as read. Upon discussion, Mr. Casey Jones was recognized stating he has been talking with Mr. Ray Owen, Jr. and asked for a ten-minute recess to discuss some negotiations. After a recess, Mr. Jerry Raetz, Planning and Development Director, reported at last month’s Planning Commission, a hearing was held on the land use request to issue a Conditional Use Permit at 631 Park Avenue for an outreach ministry. After the public hearing, a motion was made but died for lack of a second. The Chairman of the Planning Commission asked three times for another motion to come to the floor to be considered, but no motion was made. Therefore, no vote was offered on this application. The Conditional Use Permit was not granted to the applicant, the Master’s Table, to operate an outreach ministry at 631 Park Avenue. Director Maruthur stressed this is a very important issue and wanted to make sure everyone has an opportunity to speak. Mr. Ray Owen, Jr., attorney for the applicant, stated they wanted to modify the conditional use to be open only on Saturdays from 12 noon until 5 p.m. and take off the conditional use part that allows them to be there on weekdays. Also, they would like the right to deliver some meals themselves, but this is not a take-out. This is during that 12 noon to 5 p.m. on Saturdays that they can actually deliver meals because Meals on Wheels are closed on the weekends, and presently they are delivering 35 meals every Saturday. He commented that his clients want to feed the hungry and to use a facility that has been vacant for several years (Tsubaki Restaurant). He stated this has been completely renovated to provide a Saturday meal and furnish the Word of the Lord. He pointed out they do not have to have a Conditional Use Permit to operate a restaurant. He advised that under the present zoning, they do not have to ask the City’s permission to operate an arcade, a bar, a lounge, a tavern, a massage parlor, a nightclub, a dance hall, a newsstand, or a tattoo parlor. They do, however, have to have the City’s permission to share the Lord’s Word with people on the site. They can, without the City’s permission, sell food for very low prices but cannot conduct their ministry without a Conditional Use Permit. He urged the Board to grant them that permit. Mr. Casey Jones, Harrell Street, objected to the opening of the facility pointing out that the purpose of the Zoning Code is designed to protect and stabilize some areas while guiding development in others. He then read some of the developmental standards included in the Code, such as for the public health, safety and welfare to be protected; and the proposed land Board of Directors’ Meeting 11 June 16, 2003 at 7:00 P.M. use is compatible with and will not adversely affect other property in the area. He stated they are not against the poor or diversity in the area but are against the possibility of people who are schizophrenic, drug addicts and alcoholics. He said that he found out tonight there might be an interest in a culinary school. He stated that Ms. Janie Smith, who has worked with Jackson House, presented him with information, which he distributed and read to the Board. He pointed out they do not have sit-down food in the Jackson House because there is no room and do not want to deal with the problems of the people mentioned. He said that eight years ago the Salvation Army called the Jackson House and asked how they handle this because they are having so much trouble they had to call the police. He said that women would not bring their children to eat there because of some of the problems. He noted this presents dangerous situations to children and other people and questioned the impact on property values. Also, he said this is not a religious issue but an economic issue. He asked that the Board give consideration to the people who are paying taxes. Ms. Edith Terlecki, owner of the Tower Motel, which is a block from the proposed facility, stated she has worked hard to establish a good business; but tourists will not patronize her business because of fear of staying in the neighborhood. She also expressed concern regarding the safety of the residents in the area. She said that she opposed this facility in the area because of the negative effect it would have on her business. Ms. Jo Etta Laswell, 202 Wren Street, with the Oasis Ministry and also an alcohol and drug counselor, pointed out there are people in the Tower Motel who are on drugs and alcohol. She said that the Oasis Ministry has sit-down meals and services from 5 p.m. to 7 p.m., with no problems. She noted since the ministry has been open at The Master’s Table, there has not been a call to the police. Mr. Adolf Thum, owner of the Bohemia Restaurant on Park Avenue, said his concern is that he would have difficulty selling his business should this permit be issued. Mr. Elmer Beard, 202 Henry, president of the NAACP, commented that The Master’s Table involves taking care of the poor. He stated that terms are racial when they are used in reference to undesirables and is a concern of the NAACP, which supports this Conditional Use Permit. He pointed out that terms, such as depreciating property values, need to be eliminated when used in a case like this because it has reference to race. Mr. David Reagan, 138 Circle Drive, Chairman of the Park Avenue Community Association, stated that Park Avenue is rich in history and architecture and currently enjoys the increase in home/owner occupancy by citizens who enjoy the peace and quiet associated with the more established neighborhoods. He said the community has a long history of Board of Directors’ Meeting 12 June 16, 2003 at 7:00 P.M. promoting neighborhood improvement, harmony, diversity and security. He asked that the Board consider the merits of the case before voting on this issue. Mr. Lanny Robbins, 149 Ravine Street, distributed information to the Board, pointing out before the interstate was constructed, there were over 150 businesses between the Majestic Hotel and Circle Drive; but now there are approximately 45. He noted that in five to eight years, the bypass will be completed, which further decrease traffic flow through Park Avenue. He mentioned that 27 percent of Arkansas children live in poverty and are at risk for hunger. Also, over one-half (½) of the State’s public school children depend on free or reduced meal programs at school. He stated that feeding the children during the summer months is one of the issues being addressed by The Master’s Table. He said this facility will help Park Avenue, not hurt it. He added that he is a member of the Park Avenue Community Association. He pointed out that people are more important than property and urged the Board to vote in support of The Master’s Table. Mr. Leonard Crisp, 140 Circle Drive, spoke in opposition to the issue. Ms. Marie Cant, 105 Wood, Apartment B, pointed out that people are more important than property values. She stated that some people are not given food stamps because they have too much SSI and have to pay for their medicine and housing. She stated that some people make $552 a month but are not allowed to work because if they make anything else, they lose it. She said that she been to The Master’s Table and is also fed spiritually. Mr. Leo Grebe, 101 Westbrook, stressed that people are more important than property but objected to this project because of its goals, which appear to be free lunches. He pointed out that he would not want a child going to this facility thinking that he/she is going to get a free lunch and not have to work for it. He said that he objected to it from the point that there will be people coming for a free lunch and then they are going to indoctrinate them on one point of view. Also, he had concern with the limited parking available. He said he counted one person who supported the project that lived in the area. Mr. William Terlecki, owner of the Tower Motel and a member of the Park Avenue Community Association, said he is not for or against the project. He pointed out there are hardworking people in the City who support the City, but there are others who are not productive to the City. He mentioned there are people who receive food stamps and exchange them for drugs and alcohol. He added if the people do not produce, the City declines. Mr. Archie Pardue, 281 Bratton Drive, said he works at The Master’s Table every Saturday. Regarding comments on teaching a religion, he advised that he has been a minister Board of Directors’ Meeting 13 June 16, 2003 at 7:00 P.M. for 52 years and has not asked anyone what their belief is. He stressed that the purpose of this facility is to feed the children, but it is not teaching a doctrine. Mr. Kelsey King, property owner at 636 Park Avenue, stated that the issue heard from realtors is the location; and the use of the property, in his opinion, would be against what the Park Avenue Community Association stands for. He pointed out they are looking for something that will enhance the area and attract people from out-of-town and stroll along Park Avenue and establish a business there. He emphasized it is not a racial situation but an economic situation. Mr. Bill Carter, pastor of Emmanuel Baptist Church, residing at 229 Vineyard, said they recently began a Helping Hands Ministry, which is a food pantry at his church. He reported that in the time they have had this ministry, many of the clients have come from the Park Avenue area; and they have ministered to multiple families who live on or immediately off Park Avenue. He stated those who would be frequenting a place, such as the Master’s Table, are not those undesirables that are coming in from other areas of the City but their own neighbors who are in need of help. He said there are some families they help one time due to health problems or unemployment; and their children need to be fed. Mr. Arthur Kio, 1014 West Grand, Apt. B, said he has been homeless and on drugs and alcohol. He stated he has worked at the Oasis food pantry for ten years and supports The Master’s Table. Mr. James Hipkins, 626 Park Avenue, spoke of other businesses in the area which were drug houses, as well as the Bellaire Apartments, which had alcoholics. He said that he has never witnessed a problem when the people have been fed every Saturday and supported the facility. Mr. Lonnie Byrd, 734 Park Avenue, spoke of Quapaw Avenue and how it was revitalized, as well as the downtown area. He stated that Park Avenue has the potential of Quapaw and downtown. He mentioned that he had the experience with outreach centers in other areas of the United States, and the communities wanted them to meet certain criteria in order to reside at a certain location. He advised that the trash had to be picked up twice as often because of the cat population and frequenting the building surrounding the facility. People were also dumping their unwanted pets there. He reported that the houses around the area had bars on the windows; and the crime rate had increased about 25 percent; also, the residents started moving out. He suggested that the City research and find out what these Board of Directors’ Meeting 14 June 16, 2003 at 7:00 P.M. facilities can and will do to the community. He stressed that it is not a bad idea, but the Board needs to look at what the economy needs for Hot Springs and what the City wants to do. Director Weatherford pointed out that the Oasis Outreach Center is within a block of Quapaw and asked if it decreased property values on Quapaw. Mr. Byrd pointed out that at the beginning of Quapaw, most of the buildings are dilapidated. Mr. Don Westrom said that he works with the prison ministry and supported the facility. Ms. Hannah Mills stated she has a business at 409 Park Avenue and pointed out that a group started making plans for the renovation of Park Avenue, and the City hired Mr. Jim VonTungeln to assist them; therefore, the City has an investment in Park Avenue. She stated that she understood he did say that would not be beneficial to the direction Park Avenue has decided it wants to go. She suggested that the Board look at his thoughts on that issue before making a decision. Mr. Skip Houston, 155 Five Points Road, stated he is in favor of trying to help people who are trying to change their lives. He questioned why this ministry has to be in the middle of an area of Park Avenue that is trying to get away from the image of being an area inhabited by homeless, drug addicts, and alcoholics. He asked if there are other areas nearby that could reach those people who live in that area. Ms. Madeline Eglit, 168 Crest Street, said it is her opinion that The Master’s Table is not compatible for the Park Avenue area and urged the Board to vote against it. Ms. Elizabeth Ann Metz, 117 Circle Drive, mentioned while living in another city, she experienced a situation such as The Master’s Table and was involved in a nondenominational church. She said the membership felt that it needed a feeding program to help homeless people and designated a time for the meals to be served. She commented that the homeless spread the news within their inner circle, and they were serving 30 to 90 people. Soon after that, the people began loitering around the church, which created problems. They were disruptive to the church services and wanted to stay homeless and had no desire to be helped. Because of these people, she said the church ceases to exist. She urged the Board to reject the Conditional Use Permit for The Master’s Table, not only for the neighbors and herself but for the future property values and future prosperity of the City. Board of Directors’ Meeting 15 June 16, 2003 at 7:00 P.M.  Ms. Beth Corral ,Terryland Circle, pointed out there is zoning; and The Master’s Table has opened regardless of the zoning. Ms. Summer Rodgers, Bratton Drive, stated she works at The Master’s Table every Saturday and pointed out the services given to the people who come to the facility. She commented that everyone should be treated the same and consider the feelings of others. Ms. Brenda Street, 135 Terryland, commented this is not about race or feeding the poor but about revitalizing neighborhoods. She said she is not opposed to The Master’s Table, but feels the selection of the area they chose is inappropriate. She suggested placing the facility in an area where they fit in with the other zoning areas. Ms. Marguerite Robbins, 149 Ravine, said they live within site of this building; and when the Tsubaki Restaurant closed, that building became vacant. She reported that the run- down apartment buildings on either side of The Master’s Table have people dealing drugs, etc. She has observed people loitering outside the buildings and in the restaurant when it was vacant and believed The Master’s Table is improving this area. Mr. L. R. Brumley, 298 Brumley Trail, said he has eaten at The Master’s Table and pointed out if the hungry are not fed, they have no choice but to steal. Director Edwards stated that an attorney, who lives three blocks from The Master’s Table, contacted him today; and during the years he has been living there, he has been broken into twice. He said he believes by helping these people, it will change their attitude. He added at this time, the employment situation is in bad condition; and there will probably be more people who will need to be fed. Director Maruthur read a prepared statement, and the table of contents of the statement are attached as a part of the minutes as Exhibit “A.” She said this has been a frustrating issue since the Directors are given instructions to give no credence to emotional issues, and this is about land use. She reported that according to a study, there are 140 organizations in the City that are charitable. She said she is opposed to issuing this Conditional Use Permit, and it is her opinion this organization has not been straight in their presentations to the public, the Park Avenue Community Association, or the City. She stated that the hired neighborhood consultant, unanimously approved by the Board and funded by the taxpayers, does not agree with this use; and the people in the neighborhood do not feel this is compatible with the area. She noted it appears to be in conflict with the purpose of the Hot Springs Zoning Code and the purpose of the Hot Springs Conditional Use Permitting, Article VI. She said Planning and Development Director Jerry Raetz suggested this area be Board of Directors’ Meeting 16 June 16, 2003 at 7:00 P.M. considered for a rezoning, which was prior to the presentation of The Master’s Table at the old Vapor’s (Tower of Strength Ministries). On September 17, 2001, she and Rehab Administrator Bart Jones were making a district tour; and he noticed some construction activity at 631 Park Avenue. The owner did not have a permit for this work, and Mr. Jones had been advised that it was going to be used as a residence when the owner was in town; but the owner lives in the County. On January 31, 2003, the business, being run at 631 Park Avenue, was sent a notice indicating that the Conditional Use Permit must be applied for to operate the business and use the banner. On April 1, 2003, the Park Avenue Community Association invited the night ministry/soup kitchen project to present their program to the neighborhood; and questions were asked by several area residents. The Master’s Table spokesperson was Mr. Rick McNeeley. The property owner who applied was Mr. Doug Rogers, who was listed on the agenda at the Park Avenue Community Association meeting. She then read some of the questions by those in attendance and answers provided by Mr. Rogers. It was said that they have no intention of “shoving this down anyone’s throat.” Director Maruthur stressed that the residents have their lives invested in this area, and the people who are applying for the permit do not live in the City; also, the other individual does not live in the State. She commented if this is approved, the City does not have regulatory authority; and if conditions are made and violated, the City has no recourse. She added that the City cannot pull their ability to operate and can do nothing but take the individual to court. She stated that the residents of this area are asking the City for protection. She urged the Board to vote against the Conditional Use Permit. Director Maruthur also advised that the attorney representing the organization said the property owner was willing to negotiate to place a cooking school, six days a week, at this location. She said this was a restaurant, and there are residents on both sides (one property recently renovated; on the other side, it is residential and there are some problems). She emphasized this is about land use. Director Jones stated this is also about people but questioned if the tattoo parlor could have been moved, would the Directors have had it moved. Also, she was informed there are chairs outside the tattoo parlor. She noted that she has seen more people come in her place of employment (Kroger’s) to buy medicine and less food, and they buy the medicine because they have to have it. Also, since the tattoo parlor has been located on Park Avenue, she has seen more young women and young men with tattoos all over their body. She said that everyone who has called her was in support of this facility. She pointed out that Jackson House is located in her district and has been part of this facility. She said there will be people standing outside; and after 1:00 p.m., she does not see anyone standing around the Jackson House. Also, they were there before the Police Department was constructed, and the same thing that Board of Directors’ Meeting 17 June 16, 2003 at 7:00 P.M. happened before the Police Department was there has happened now. She asked the Directors to vote in support of this issue. Director Maruthur commented that the Jackson House dispenses food but does not bring people in, which is part of the problem. She pointed out that The Master’s Table is proposing to mix people with problems, such as drugs and alcohol. She stated there are several organizations to feed people. Also, she agrees with feeding people; but the City should not take an area that has some problems and build on it. She commented that this facility should be in an area that does not have a neighborhood. She pointed out when they relocated the Police Station, she was on the committee. One of the issues she argued was that the Jackson House is there to help people and is a good idea to locate the Police Department at that location, which has been very successful. She advised there are many organizations to help people, and she discussed this with Mr. McNeeley. Also, she said there is a resource booklet. She said the reason people live in the City is to uphold the codes, which the Board unanimously passed. She stated there are people who might have housing that is not worth very much; but if the area becomes dangerous because of people who have addiction problems or pedophiles, these residents are at risk. She emphasized this is about upholding the zoning and not about feeding people. Also, it is about doing the right thing and upholding the laws of the City. She commented that the Board needs to consider the people who live in this area who do not want bars on their windows. There being no further discussion, City Manager Kent Myers advised that the applicant has suggested limiting this to operating only on Saturday from 12 noon to 5 p.m., which would eliminate the language that allows them to operate during weekdays. Also, since they have requested permission to use the meals on wheels and transport food, Item No. 2 would be removed from the resolution so they would be allowed to transport food off-site. He noted those were the changes suggested by the applicant that the Board would consider as part of the resolution. A motion made by Director Newell, duly seconded by Director Edwards, that the resolution be amended as stated. Upon discussion, Director Weatherford suggested that Item No. 2 should state that anything that is served there, stays in the structure; but they do have a take-out. City Manager Kent Myers stated that the wording should be that “no food shall be consumed on the property outside, but still have the take-out.” Director Newell said that he would accept that as part of his motion. Board of Directors’ Meeting 18 June 16, 2003 at 7:00 P.M.  Director Maruthur questioned upholding the purpose of Section §16-2-3 and the purpose of the conditional use. She said this appears to be in violation of the section. City Attorney David White advised this is ultimately each Board Member’s decision to make. If any Board Member thinks it is compatible and warrants a Conditional Use Permit, he or she should vote that way. If not, they should vote to deny the permit. Ultimately, there are the courts to tell the City whether or not it has done it correctly and interpreted the laws correctly. As it stands right now, it is up to each Director to vote his or her conscience. Mayor Bush then called for a vote on the motion to approve the resolution with the following changes in the conditions: (1) “hours of operation shall be limited to 12:00 p.m. (noon) to 5:00 p.m. Saturdays;” and (2) “all food shall be served and consumed inside a permanent structure but allows to deliver meals on Saturdays.” Upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, Edwards, and Bush, total 5. Voting “no”: Directors Maruthur and Wheeler, total 2; motion carried. Whereupon the resolution was declared adopted, as amended. OTHER BUSINESS 15 Board of Directors Items Director Edwards announced on Thursday, the Hot Springs Lions Club will be serving a meal at the Jackson House. Director Jones expressed appreciation for those who donated to Sheila Beavers for a bone marrow transplant. Also, there will be a cook-out at Kroger’s on Central Avenue on Saturday to further help this benefit. She reported that an individual is matching their money up to $10,000. Mayor Bush announced that the Assistant Mayor for July 1, 2003, through December 31, 2003, will be Director Carroll Weatherford. Director Wheeler reported that the Miss Arkansas Pageant will begin tomorrow evening at the Hot Springs Civic and Convention Center with 44 contestants. Director Maruthur asked that Mr. Leonard Crisp be recognized to make an announcement. Mr. Crisp stated that the audience has left the Board Chambers, and he did not wish to make a statement at this time. Board of Directors’ Meeting 19 June 16, 2003 at 7:00 P.M. 16 City Manager’s Report There was no City Manager’s Report. 17 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:45 p.m., to meet again on Monday, July 7, 2003, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors’ Meeting 20 June 16, 2003 at 7:00 P.M.