Board of Directors

MINUTES BOARD OF DIRECTORS MEETING JULY 6, 2004, at 7 P.M. The regular meeting of the Board of Directors was held on Tuesday, July 6, 2004, at 7:00 p.m., Hot Springs Civic and Convention Center, Rooms 104 and 105, with Mayor Mike Bush presiding. The invocation was given by Ms. Mary Daniel, 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 Brunner-Maruthur, Burt Newell, Carroll Weatherford, Bill Edwards, Bob Wheeler, and Mike Bush, total 6. Absent: Director Elaine Jones. 2 Approval of Agenda A motion was made by Director Wheeler, duly seconded by Director Edwards, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of June 21, 2004 Board Meeting A motion was made by Director Edwards, duly seconded by Director Brunner- Maruthur, that the minutes of the June 21, 2004 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Director Brunner-Maruthur presented a retirement plaque to Fire Chief Arval Sanders, who retired June 30, 2004. He was hired on April 14, 1961, as hoseman to 1967; a driver from April 1967 to 1970; captain from September 1970 to April 1981; Fire Inspector from April 1981 to May 1984; Fire Marshall from May 1984 to August 1989; and Fire Chief from August 1989 to June 30, 2004. During his tenure, the City built two fire stations; purchased nine pieces of fire apparatus; and the Fire Department was computerized. The ISO rating was lowered from Class IV to Class II, which provides better service and insurance rates for the citizens of the City. She also introduced Mr. Brian Perrine and Fire Marshal Ed Davis from the Fire Department. Fire Chief Arval Sanders expressed appreciation to the citizens of the City, the Board of Directors, city administration, City Manager Kent Myers, and the Fire Department for their support. City Manager Kent Myers commented that the City is known throughout the State of Arkansas as having one of the best fire departments in the region and is a tribute to Chief Sanders and his leadership. Director Edwards mentioned that the old fire station at Seventh and Oaklawn has been restored as a city maintenance building during Chief Sanders’ tenure. Mayor Bush recognized Mr. Orville Poole, vice chairman of the Parks and Recreation Advisory Committee. He stated that July is National Parks and Recreation Month and spoke of the excellent park system of the City. He stated that the parks system has one of the largest groups of volunteers, such as the Friends of the Parks and others. He introduced Mr. Ned Skoog, who is the new chairman of the Friends of the Parks. Mr. Poole urged citizens of the City and Garland County to utilize the parks system. Director Brunner-Maruthur requested a public service announcement from Finance Director Dorethea Yates regarding the water utility billing change. Ms. Dorethea Yates, Finance Director, stated that Director Brunner-Maruthur had requested that she review the publicity plan for the enactment of the new cutoff procedure. She advised that the new cutoff procedures were enacted by the Board of Directors on April 5, 2004; and basically, the City was going to a 20-day cutoff period. The City did a media release on May 4 and May 26, as well as local releases to the radio stations on May 21. A notice was provided to the Channel 5 bulletin board on May 5. The City started with announcements on Channel 15, made an announcement at the City Board Meeting; and on May 17, it was shown on “Inside Hot Springs.” Fliers were also created on May 1 and distributed in the Utilities Department as customers came in to pay their bill. An announcement was also posted at the Utilities Building. The City did a Channel 5 weekly television report from May 5 through today. The City also did some internal employee newsletter posting. She explained there are 18 billing cycles or meter routes where people read the meters and bring the information to Utilities to do the billing. The billing goes out, 2 and typically the due date of the bill is 15 days from the date the bill is created. The information on the bill is the day it was billed and the day that it is due. The cutoff date is actually five days after the due date. In May, they began to print on the back of the bills that went out the following statement: “Payment must be received in office by due date or services will be disconnected on or about the date printed in the pink box without further notice.” There is also another notice on the back of the billing that says effective June 1, the City will return to a one-month, past due billing procedure. Director Edwards questioned when the water was shut off, if the customers were told how much it would cost to get it turned back on; and Ms. Yates advised that they did. She added that the reconnect amount is $20. For those that are being shut off, if they come in and make their payment, the City will get them back on within that day. If they do not have a deposit on file and have all three utility services, they are required to make a $50 deposit in addition to the reconnect fee at the time they reconnect. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (June 23, 2004). 6 Proposed Resolution No. R-04-157 Approving Certain Bid Awards. (a) Top Soil - various departments [annual supply contract awarded to Tommy Mitchell General Contractors in the amount of $10.50 per cubic yard]; (b) Seals/Bearings - Utilities [annual supply contract awarded to Triplex and Purvis Bearing Service]; (c) Transmission Service - Fleet [annual supply contract awarded to Hot Springs Transmission Specialists]; (d) Carbon - Utilities [annual supply contract awarded to Southwest Chemical]; and Lime - Utilities [annual supply contract awarded to Arkansas Lime]. 7 Proposed Resolution No. R-04-158 Expressing the Willingness of the City of Hot Springs, Arkansas, to Utilize Federal-Aid for Transportation and Community and System Preservation Grant Funds. 8 Proposed Resolution No. R-04-159 Amending the Substance Abuse Policy for Intracity Transit Employees; and Repealing Section XVI (Contacts). Board of Directors Meeting 3 July 6, 2004, at 7:00 P.M. 9 Proposed Resolution No. R-04-160 Appointing Cynthia Rephan to the Hot Springs/Garland County Beautification Commission. 10 Proposed Resolution No. R-04-161 Approving the Appointment of Jeff Purnell to the Hot Springs Advertising and Promotion Commission. 11 Proposed Resolution No. R-04-162 Amending the City of Hot Springs Comprehensive Plan to Include the Hot Springs Trails System Master Plan. 12 Proposed Resolution No. R-04-163 Approving Contract Addendum No. 1 Assigning the Contract for Fleet Fueling and Fuel Management Services with Fuelman of Arkansas, Inc. to FleetCor Technologies. A motion was made by Director Wheeler, duly seconded by Director Brunner- Maruthur, that the Consent Agenda be approved; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Newell, Weatherford, Edwards, Wheeler, and Bush, total 6. Absent and not voting: Director Jones; motion unanimously carried. NEW BUSINESS 13 Proposed Resolution No. R-04-164 A resolution entitled, “A RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WASTEWATER SERVICE TO 209 HALLMARK STREET,” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Newell, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, explained that staff received a request from Al and Cheryl Montemayor for wastewater line extension to service 209 Hallmark Street. Staff recommends approval of the wastewater line extension but does not recommend approval of the City=s funding construction of the project. The wastewater line they requested is approximately 110 feet and provides service to a house that is under construction. The estimated cost for the extension will be $5,750. Board of Directors Meeting 4 July 6, 2004, at 7:00 P.M.  Director Edwards pointed out in new construction, all contractors pay for their own utilities. He added this is for a new home; and if there are no utilities, they have to pay for getting them there. Mr. James Starkel distributed a plat of the subdivision and stated that Lot 18 is not accessible to any sewer line in that area; therefore, he does not have any access to city sewer. He requested that the City give assistance in getting access to the sewer line which runs down into a valley and crosses over Hallmark. He said whenever this was built, the contractor did not install sewer lines to that lot; and this will be for his mother-in-law, who is 85 years old and on a fixed income. City Manager Kent Myers asked when they acquired the lot, and Mr. Starkel advised that it was in March 2004. City Manager Kent Myers asked if he was aware when he acquired it that it did not have sewer service; and Mr. Starkel replied that they did not and assumed since it was a city lot inside city limits, it would have an adequate sewer line to it. In reply to Director Weatherford, Mr. Starkel advised that he purchased the lot from Steve Parkerson for $6,500. He started construction of the house for his mother-in-law and then realized there was no access to city sewer from that lot. He stated it is the only one in the entire section of that block that does not have a sewer line to it. Director Weatherford asked where the sewer goes on the houses on Lots 16 and 17, and Mr. Starkel advised that Lot 16 goes to Garnett Street. He said he lives on Lot 17, and his sewer line goes through Lot 16 to get to the sewer line on Garnett Street. He understood that he cannot cross over private property to get to a public sewer line. He said that he has asked the owner of Lot 9 (Jim Cathcart) if he would allow him go across his property to attach to that sewer line, and he said that he had no problem with it. Director Weatherford asked if Mr. Starkel could do that, and Mr. Don Cochran advised that the only problem is if the City runs a private homeowner’s line through a public utility easement and it fails in the future, the question is who is going to maintain that pipe. Many times it falls back on the City because it is in the public utility easement although it is not a line that belongs to the City and the City should not maintain it. It does not cause a problem today or tomorrow, but five or ten years from now the question will come up about who will take care of that line; and then the City will be faced with coming to the Board again asking for a sewer line extension to do it properly like it should have been done in the beginning. Board of Directors Meeting 5 July 6, 2004, at 7:00 P.M.  Director Brunner-Maruthur made a motion, duly seconded by Director Weatherford, to amend the resolution whereby the City will pay for the extension of the sewer line; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur and Weatherford, total 2. Voting “no”: Directors Newell, Edwards, Wheeler, and Bush, total 4. Absent and not voting: Director Jones; motion failed. Mayor Bush then called for a vote on the motion to adopt the resolution as presented; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Newell, Weatherford, Edwards, Wheeler, and Bush, total 6. Absent and not voting: Director Jones; motion unanimously carried. Whereupon the resolution was declared adopted. 14 Proposed Resolution No. R-04-165 A resolution entitled, “A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT AN OFF-SITE ADVERTISING SIGN AT 950 AIRPORT ROAD,” was taken from the agenda and read by title only. (Appeal) A motion was made by Director Wheeler, duly seconded by Director Newell, that the resolution be adopted as read. Upon discussion, Mr. Jerry Raetz, Planning and Development Director, explained that an application was received for an off-site advertising structure to be built at 950 Airport Road. On the original application, staff recommended denial; and the Planning Commission denied it with a unanimous vote. It was based on the fact that the billboard structure was scheduled to be constructed on the eastern edge of this property which could possibly have interfered with an intersection from a local church and 950 Airport Road. Therefore, it was recommended for denial. Since the Planning Commission meeting, the applicant has submitted new information requesting to locate this structure at the west end of the property at 950 Airport Road. Staff’s recommendation presently is to pass it at that end of the road because the safety hazard is mitigated. Mayor Bush pointed out that one of the options the Board has is to refer it back to the Planning Commission, and Mr. Raetz said that is one of the options the Board has. However, under this new application, he is recommending it. If the Board refers it back to the Planning Commission since this is a conditional use application, that can be the end of the process unless it is appealed by an aggrieved party. Board of Directors Meeting 6 July 6, 2004, at 7:00 P.M.  City Manager Kent Myers asked that he explain the original site and where it is now proposed. Mr. Danny Vaughn, an elder at the Church of Christ at 948 Airport Road, said he attended the Planning Commission meeting; and the elders are in unanimous agreement that a sign should not be at this location since it will not be conducive to their plans in the future. He pointed out they do not know what type of advertising will be on the sign. He stated that Mr. Hamilton had informed them he would include in the easement that he would not advertise alcohol or tobacco; but ten years from now, someone may say it is unconstitutional and could advertise anything on the sign. Mr. David Hamilton, president of Seiz Sign Company, advised that he is engaged in the installation of on-premise signs in the State and in the development of outdoor advertising in Garland, Saline, and Hot Spring Counties. When the new Sign Code was approved, they began to replace some of the older structures in the city limits to bring their signs in compliance with the new code. Some of the changes in the code included limiting the size of outdoor advertising signs to 300 square feet, limiting the height to a maximum of 35 feet and only allowing single sign faces per side. The sign that he seeks to build meets the zoning requirements of the Sign Code and is an M - 1 zoning area. They meet the height requirement, which is under 35 feet and the square footage requirement, which is under 300 square feet, as well as meeting the sign face arrangement. The new site is adjacent to the Tool Source and Warehouse Paints, which are located on Airport Road and is a commercial area. In addition to meeting all of the Sign Code requirements, he agrees to remove an existing billboard on Whittington Avenue that has two sign faces that are configured in a side-by-side combination and that he will prohibit any advertising of tobacco products or alcohol at the new location or any other issues that the church may find objectionable. He said he is willing to set it up as a covenant with the easement, and those covenants run with the land. If he sold the sign or the property changed ownership, that covenant will still be part of the easement. He distributed a picture of the site and of the billboard location on Whittington that he will remove. He explained that the first photo shows the Tool Source building, and the driveway is at the right hand side of the building. Where they propose moving the structure is away from the driveway to the west at the far edge of the parking lot. The second photo shows the billboard location on Whittington, which has been rezoned into a residential area, and is a structure they are also offering to remove in conjunction with this application. Mr. Brian Albright, Assistant Prosecuting Attorney, questioned the minutes of the Planning Commission which indicated there was a motion to approve the conditional use for outdoor advertising sign based on the relocation to the west side of the property line Board of Directors Meeting 7 July 6, 2004, at 7:00 P.M. and the removal of the other nonconforming sign. He said there was a 0-5 vote. He asked if that was presented to the Planning Commission. Mr. Raetz pointed out that Mr. Albright was correct, and the motion was based upon the relocation to the west end of the property. Therefore, a remand would not be in order. Mr. Albright commented that what is before the Board tonight is the same issue that was before the Planning Commission on May 13. City Manager Kent Myers pointed out that the resolution before the Board approves the conditional use permit to construct the advertising sign. Mr. Albright pointed out that the removal of the billboard on Whittington is not addressed in the resolution; and if the Board wants to consider that a condition of the resolution, there would need to be a motion to that effect, as well as relocating the sign to the west end of the property at 950 Airport Road. A motion was made by Director Wheeler, duly seconded by Director Brunner- Maruthur, that the resolution be amended by including the removal of the sign on Whittington Avenue and relocating the sign to the west end of the property located at 950 Airport Road; and upon voice vote, the motion unanimously carried. Mayor Bush then called for a vote on the motion to approve the resolution, as amended; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Newell, Weatherford, Edwards, Wheeler, and Bush, total 6. Absent and not voting: Director Jones; motion unanimously carried. Whereupon the resolution was declared adopted, as amended. 15 Proposed Resolution No. R-04-166 A resolution entitled, “A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW OPEN DISPLAY OF MERCHANDISE AT 4848 CENTRAL AVENUE,” was taken from the agenda and read by title only. (Appeal) A motion was made by Director Edwards, duly seconded by Director Brunner- Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Jerry Raetz, Planning and Development Director, advised that the applicant plans to display docks on Lake Hamilton that are manufactured outside the Board of Directors Meeting 8 July 6, 2004, at 7:00 P.M. city limits adjoining a piece of property that is on the south end of the City at 4848 Central Avenue. He explained that because of the confusion of the issue, whereby the actual land use being on the lake which is in the county and access being to it either via the lake or the via the property at 4848 Central Avenue, the Planning Commission voted unanimously to deny this application. Since this has been separated into two parts by the following resolution, staff recommends approval. Mr. John Carter, applicant, advised that he wants to take some docks that he builds at his factory and put them in the water at Smiley’s, assemble them, and bring them over there for display on the water. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Newell, Weatherford, Edwards, Wheeler, and Bush, total 6. Absent and not voting: Director Jones; motion unanimously carried. Whereupon the resolution was declared adopted. 16 Proposed Resolution No. R-04-167 A resolution entitled, “A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW USE OF AN EXISTING NONCOMFORMING SIGN AT 4848 CENTRAL AVENUE,” was taken from the agenda and read by title only. (Appeal) A motion was made by Director Edwards, duly seconded by Director Weatherford, that the resolution be adopted as read. Upon discussion, Mr. Jerry Raetz, Planning and Development Director, explained this will allow for the re-utilization of a nonconforming sign that was located at 4848 Central Avenue when the property was annexed into the City. The Planning Commission voted unanimously to deny the entire application, and City staff recommends denial of the sign portion. He added the sign is in need of work and needs to be in compliance with the Sign Code, which would allow for up to 250 square feet. In his case, he has approximately 230 lineal feet of frontage so he could have 230-square feet at this location, which would be adequate for on-site advertising. Director Weatherford asked how the sign was not in compliance, and Mr. Raetz replied that it is the size that is not in compliance. Board of Directors Meeting 9 July 6, 2004, at 7:00 P.M.  Director Weatherford asked if the City would require him to tear it down because it is 20 square feet too low, and Mr. Raetz said that is staff’s recommendation and to have it rebuilt in compliance with all the other signage on that street inside the city limits. Director Edwards asked how far into the city limits is this sign, and Mr. Raetz advised that it is 50 to 100 feet. He noted that the city limits is at the very end of his property and is the last property on the city limits on that side of the bridge. Mr. Carter stated about half of that sign is in the right-of-way, and Mr. Raetz added that is another portion of the Sign Code that no portion of a sign can be in a public right-of- way. Director Weatherford pointed out that it was in the county at one time and was annexed into the city. He questioned why the City is going to make him take it down if it is in conformity as far as the structure is concerned other than it is 20 square feet too low. Mayor Bush and Director Brunner-Maruthur stressed that the City has an ordinance concerning signs. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Newell, Weatherford, Edwards, and Wheeler, total 4. Voting “no”: Directors Brunner-Maruthur and Mayor Bush, total 2. Absent and not voting: Director Jones; motion carried. Whereupon the resolution was declared adopted. 17 Proposed Ordinance No. O-04-41 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZING CONTRACTS WITH SOUTHWESTERN BELL TELEPHONE/SBC FOR PLEXAR-CUSTOM, INTERNET AND ACCESS LINE TELEPHONE SERVICES,” was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Wheeler, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Wheeler, duly seconded by Director Edwards, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Brunner- Maruthur, Newell, Weatherford, Edwards, Wheeler, and Bush, total 6. Absent and not Board of Directors Meeting 10 July 6, 2004, at 7:00 P.M. voting: Director Jones; motion unanimously carried. Whereupon the ordinance was declared passed. 18 Proposed Ordinance No. O-04-42 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZING AGREEMENTS WITH VENTURE SYSTEMSOURCE FOR CERTAIN COMPUTER HARDWARE AND SOFTWARE MAINTENANCE; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Brunner- Maruthur, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Edwards, duly seconded by Director Weatherford, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Newell, Weatherford, Edwards, Wheeler, and Bush, total 6. Absent and not voting: Director Jones; motion unanimously carried. Whereupon the ordinance was declared passed. OTHER BUSINESS 19 Board of Directors Items Director Weatherford announced that on Saturday, July 31, at the Exchange Street Parking Plaza, the Downtown Merchants= Association is sponsoring a Spa Rib Cookoff, starting at 8 a.m., judging at 2 p.m., and start serving at 3 p.m. The cost will be $5, and anyone interested in participating may contact him at 276-7945 or Mr. Tom Daniel at 525- 2261. Director Edwards advised that citizens are not to place garage sale signs on utility poles. Director Brunner-Maruthur stated if a street light is out, citizens may call 1-800- ENTERGY or 1-800-368-3749. For prompt repair, give the street ID No. and street name. 20 City Manager=s Report Board of Directors Meeting 11 July 6, 2004, at 7:00 P.M.  City Manager Kent Myers gave the following report: 1. On the Consent Agenda, the Board accepted federal funds administered by the Arkansas State Highway and Transportation Department for Entergy Park Trails and will receive $46,391. The City has to hire an engineer to design the trails and put it out to bid. A contract will be presented to the Board in September. The Board approved an amendment to the Comprehensive Plan to include the Hot Springs Trails System in the Master Plan. This will help in terms of future planning to accommodate trail construction over the next ten to twenty years. There were appointments to the Beautification Commission (Cynthia Rephan) and Advertising and Promotion Commission (reappointment of Jeff Purnell). 2. Tomorrow morning, an announcement should be made on the selection of the Fire Chief; and he will contact Board Members individually and release the decision to the press. 3. On Thursday, July 22, at 6 p.m., there will be a Board Work Session on the mid- year budget. 4. Staff is working on an annexation proposal that will be presented at the next Board Meeting. 5. He stated that Director Weatherford asked staff to prepare an update report on the disconnection of utility services with the new policy the Board has approved. If the Board has any questions, they may contact City Manager Kent Myers, Mr. Don Cochran, or Finance Director Dorethea Yates. 6. The new CDGB Administrator (Mr. Nelson Self) has been hired and will oversee community development block grants. There will be a public meeting later in July at the Webb Center to start taking applications from the community for community development block grant funding. The No. 1 priority this year is the Wade Street Park lighting. Mr. Self will meet with Parks and Recreation Director Jean Wallace to begin working on the lighting specs. Mr. Self will also be working on sidewalk specs and is proposing to develop some sidewalks in conjunction with Habitat Village. He will also be meeting with Mr. Jay Chesshir to discuss future economic development funding from CDGB grants. 21 ADJOURNMENT Board of Directors Meeting 12 July 6, 2004, at 7:00 P.M.  There being no further business to come before the Board, the meeting adjourned at 8:05 p.m., to meet again on Monday, July 19, 2004, at 7 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 13 July 6, 2004, at 7:00 P.M.