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Board of Directors

Regular Meeting

Hot Springs, AR · July 19, 2004

AgendaMinutes

Minutes

MINUTES BOARD OF DIRECTORS MEETING JULY 19, 2004, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, July 19, 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. Marti Dalby, 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, Elaine Jones, Carroll Weatherford, Bill Edwards, Bob Wheeler, and Mike Bush, total 6. Absent: Director Burt Newell. 2 Approval of Agenda A motion was made by Director Wheeler, duly seconded by Director Brunner- Maruthur, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of July 6, 2004 Board Meeting A motion was made by Director Edwards, duly seconded by Director Wheeler, that the minutes of the July 6, 2004 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 (July 7, 2004). [Item No. 5 of the Public Safety Report removed from Consent Agenda for separate consideration] 6 Proposed Resolution No. R-04-168 Approving Certain Bid Awards (a) Utility Trailer - Utilities [awarded to Timberline International in the amount of $15,465] (Removed from Consent Agenda for separate consideration); (b) Wastewater Testing - Utilities [annual supply contract awarded to American Interplex]; (c) Patrol Vehicle Equipment - Police [annual supply contract awarded to Cruse Uniform Supply and Teeco Safety, Inc.]; (d) Asphalt Cold Mix - Public Works [annual supply contract awarded to Roger’s Group, Inc.]; and (e) Surge Suppressors - Utilities [annual supply contract awarded to Energy Savings Group]. 7 Proposed Resolution No. R-04-169 Fixing a Time and Date for a Hearing on a Petition to Vacate, Abandon and Close an Unnamed Alley Located in Fairdale Addition. 8 Proposed Resolution No. R-04-170 Authorizing the Filing of a Grant Application with the Department of Justice Pursuant to the Local Law Enforcement Block Grant Program. 9 Proposed Resolution No. R-04-171 Accepting a Grant from the Department of Justice Pursuant to the Local Law Enforcement Block Grant Program. 10 Proposed Resolution No. R-04-172 Accepting a Grant from the Arkansas Heritage Preservation Program for Travel Expenses to the National Alliance of Preservation Commission Forum. A motion was made by Director Wheeler, duly seconded by Director Brunner- Maruthur, that the Consent Agenda be approved. Upon discussion, City Manager Kent Myers announced that a resident has signed to speak to an item on the Public Safety Report (Approving closing of Bridge Street for three- day Art Festival on October 1 through 3); and this item needs to be removed from the Consent Agenda for separate consideration. Director Weatherford requested that Item No. 6a (bid award for utility trailer) also be removed from the Consent Agenda for separate consideration. 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 Brunner-Maruthur, Jones, Weatherford, Edwards, Wheeler, and Bush, total 6. Absent and not voting: Director Newell; motion unanimously carried. NEW BUSINESS 5a Public Safety Report. A motion was made by Director Wheeler, duly seconded by Director Edwards, that the Public Safety Report be approved. Upon discussion, Ms. Katherine Lundberg, 440 Hideaway Hills, stated that on behalf of the Fine Arts Center, she is requesting the closing of Bridge Street during the fall Arts Festival on October 2 and 3 to be used as a staging area. City Manager Kent Myers explained the request was approved by City staff contingent upon vendors being set up in the street so that a traffic lane could be opened quickly if necessary for emergency vehicles. Mayor Bush then called for a vote on the motion to approve the Public Safety Report; and upon voice vote, the motion unanimously carried. 6a Bid Award for Utility Trailer Mr. Don Cochran, Utilities Director, advised that only one bid was received for a heavy-duty equipment trailer for the Water Distribution Division, which was from Timberline International in the amount of $15,465. Director Weatherford asked if this is for the trailer that was stolen and vandalized, and Mr. Cochran advised that it was. Director Weatherford questioned the status of the trailer, and Mr. Cochran advised that it was totaled. He added it was his understanding Board of Directors Meeting 3 July 19, 2004 at 7:00 P.M. that the City would receive approximately $3,000 either through insurance or from the parents of the teenagers who stole the equipment. Police Chief Gary Ashcraft reported that the City probably cannot expect restitution and should look to the City’s insurance. Director Weatherford asked where the trailer is located, and Mr. Cochran replied that he did not physically know the location but assumed it is at the Fleet Maintenance Department. Deputy City Manager Lance Hudnell advised there is a Court Order requiring restitution from both parties, and they had requested the trailer to sell. He stated that price would go against the restitution that was ordered by the court and understood they were paying $50 a month. He commented that the Court Order is definitive, and the Judge has already ruled. Director Weatherford questioned the location of the trailer, and Deputy City Manager Lance Hudnell advised that it was given to the parties to sell under an agreement with them. However, he understood they had not sold it but were attempting to sell it. Mayor Bush requested that Deputy City Manager Lance Hudnell find out the location of the trailer and contact Director Weatherford. City Manager Kent Myers said he would provide a follow-up report in the Friday packet and requested that Mr. Cochran submit a memo. A motion was made by Director Wheeler, duly seconded by Director Weatherford, to approve the bid award; and upon voice vote, the motion unanimously carried. 11 Presentation of Condemnation Resolutions Mr. Bart Jones, Housing Administrator, gave a slide presentation on the following condemnation resolutions. 11a Proposed Resolution No. R-04-173 Board of Directors Meeting 4 July 19, 2004 at 7:00 P.M. A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (210 PINE MEADOWS STREET),” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Wheeler, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 11b Proposed Resolution No. R-04-174 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (108 WADE),” 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; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 12 Proposed Resolution No. R-04-175 A resolution entitled, “A RESOLUTION APPROVING A PERMIT TO LOCATE A MANUFACTURED HOME AT 1307 SUMMER STREET,” was taken from the agenda and read by title only. (Appeal) A motion was made by Director Edwards, duly seconded by Director Wheeler, that the resolution be adopted as read. Upon discussion, Mr. Jerry Raetz, Planning and Development Director, advised that the applicant located an older manufactured home inside a small mobile home park located at 1307 Summer Street; but the City ordinance does not allow for the placing of an older manufactured home in any mobile home park in the City with an age greater than ten years. He said the applicant is not aware of the exact age of this mobile home, but it is greater than ten years of age. He reported that the Planning Commission unanimously denied the application to waive the age requirement at this location. Director Edwards commented that he looked at this mobile home park; and as far as appearance, it appears to be in better condition than others in the park. Mr. Raetz said that he agreed; however, it does not fit the ordinance; and it is a safety factor rather than an aesthetic factor. He also advised that HUD regulations went into effect in 1976 and Board of Directors Meeting 5 July 19, 2004 at 7:00 P.M. started an inspection program of all mobile homes. They are built to a different set of standards than the International Residential Building Code that the City enforces for stick- built housing in the City. City Attorney David White asked if the City can vote to allow this under federal law, and Mr. Raetz advised that it can. He noted that the ten-year age limit is a City ordinance, not necessarily by federal standards. He added the ten-year age limit was arrived at during the re-writing of the Manufactured Home Ordinance after searching with several different codes of proposed state statute concerning age limitations and other ordinances throughout the state. He stated that some communities require five years or newer. He said that was the proposed state statute and was subsequently dropped from the statute that was passed at the state level. However, the City maintained the ten-year limit. Director Weatherford pointed out that the minutes of the Planning Commission meeting stated that Mrs. Patterson would have never spent the money moving the home and getting permits if they were not allowed to place the home there. He questioned if she was issued a permit, and Mr. Raetz replied that he did not. However, she did mentioned that at the Planning Commission Meeting. He said he was 95 percent sure at the meeting that no permits were applied for or issued but not 100 percent sure and did not comment at the meeting. At this time, he is 100 percent sure that no permits were applied for or granted. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Director Edwards. Voting “no”: Directors Brunner-Maruthur, Jones, Weatherford, Wheeler, and Bush, total 5. Absent and not voting: Director Newell; motion failed. Whereupon the resolution was declared failed. 13 Proposed Resolution No. R-04-176 A resolution entitled, “A RESOLUTION ACKNOWLEDGING THE REVIEW OF THE 2003 COMPREHENSIVE ANNUAL FINANCIAL (AUDIT) REPORT,” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Brunner-Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Gary Welch, certified public accountant with Jordan, Woosley, Crone and Keaton, presented the Comprehensive Annual Financial Report (Audit) for 2003. He gave a slide presentation and the Independent Auditor=s report. He said as a Board of Directors Meeting 6 July 19, 2004 at 7:00 P.M. result of their audit, everything in the financial statements is correct and presented in a fair manner. There are no adjustments or corrections that need to be made at this time. He stated the total assets are $265 million, $69 million liabilities; and net assets are $195 million. There is a net revenue in the government activities in the amount of $602,000 and a net revenue in the business-type activities (Enterprise Funds, such as water, sewer, and sanitation) of $7.4 million for a total of $8 million net revenue for the year. The General Fund had budgeted to have an excess expenditure of $1.4 million; the actual results were $400,000; therefore, that is an improvement over the original budget of $988,000. In the Water Fund, they collected more revenue than anticipated; they spent less money than anticipated and had some transfers in. The Water Fund showed a positive $1,246,000; and the Wastewater Fund originally projected to have an excess expenditure of $445,000. The actual result was an excess expenditure of $298,000, so it did not lose what was budgeted; and that is a positive $146,000. The Sanitation Fund had a negative budget result of $61,000 primarily because of equipment disposals and the net non-operating revenue. There are significant federal awards that the City receives each year; and in cash receipts of $2.4 million were the receipts for 2003. Most of these receipts are in the transit operations and transit capital. Compared to 2002, there was a decease of $1.2 million in revenue, and there was also a decrease in expenses of $573,000. Therefore, the overall net excess revenue of 2002 was $8.7 million; and there was a 7.7 percent drop in the net revenue of all of the funds of the City for 2003. As far as the total of all of the budgeted areas, there was a good budget result primarily in the expense line item. The revenue was very close ($52.7 million compared to the budget of $52.9 million). Expenses were cut mostly in the capital expenditure area by $3,663,000. The transfer line is the transfer of the parking deck out of the special revenue into the Enterprise Fund. Even though the City budgeted a negative $1.3 million, there was a positive $7.8 million or a total positive budget variance of $9,220,000. Compared to 2002, the City increased its assets, reduced its liabilities, and together that produced a result of $8,070,000 net asset increase. The General Fund did go down $526,000; and the expenditure coverage of the unreserved fund balance in General Fund will cover 5.7 months of regular expenditures of the General Fund. Mr. Welch stated that after the Directors have studied this report, they may call him at any time to answer questions. He stated that under the financial statements section, this gives a complete end-of-the-year list of interfund receivables, payables and transfers. Directors Weatherford and Edwards expressed concern that they had not received the report until tonight and would prefer to table it until the next meeting. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Jones, Wheeler, and Bush, total 4. Board of Directors Meeting 7 July 19, 2004 at 7:00 P.M. Voting “no”: Directors Weatherford and Edwards, total 2. Absent and not voting: Director Newell; motion carried. Whereupon the resolution was declared adopted. 14 Proposed Resolution No. R-04-177 A resolution entitled, “A RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WATER SERVICE TO TECHNOLOGY PLACE IN MID-AMERICA PARK (POWERHOUSE PROMOTIONS),” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Brunner- Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Utilities Director, explained that a request was received for water service extension for Powerhouse Promotions on Technology Place. Staff recommends extending the water service but with the condition that the owner pay the cost of what is equal to a two-inch water main extension. Staff is proposing to do an eight-inch water main extension including the fire hydrant, which will cost approximately $13,105. The cost of running what is equal to the two-inch line is $6,695. The City’s policy on water main extensions in the Mid-America Industrial Park allows for a new industry with staffing of ten, full-time employees to receive water main extensions at no cost. The Powerhouse Promotions will have five, full-time employees and several seasonal employees. He advised that Mr. Housley would like to negotiate this cost or ask the City to pay his share of extending the water main. He said the current policy allows the Board to make some negotiations. Director Edwards questioned the need for an eight-inch line and what business is past there; and Mr. Cochran advised that at the present time, there is no business. He added this is in a cul-de-sac; and if they develop that property later and other industries move in, then an eight-inch line will be needed and a fire hydrant. Director Brunner-Maruthur questioned why they should not pay for an eight-inch line, and Mr. Cochran advised that has not been the City’s practice. Normally, the City would only require them to install a two-inch line just to service their business; and an eight-inch line is more water than they need at the present time. If they did install an eight- inch line and had to bear all of that cost, then they could recoup their cost from other businesses that connect onto that line in the future. However, that is not what the City is requiring other businesses to do in the same situation. He noted this is outside the City. Board of Directors Meeting 8 July 19, 2004 at 7:00 P.M. Mr. Jason Housley advised that his company is a production facility, which edits videos and makes outdoor television shows for the outdoor channel and rodeo events across the country. He said that he has five employees and has been operating for three years. He stated that he did not have any tax incentive to locate in the industrial park; and the cost was over $18,000 to develop only the lot. However, he was not able to develop the entire four acres and built a 6,000 square foot metal building on a pad. He mentioned there are 16 acres next to him where they are wanting to build a large industry and run a large water line to that industry when it comes in. He said that it cost him $875 to connect to the sewer and has spent over $25,000 getting the pad set up and trying to get his sewer connected. He said that his business is growing, and he hires some contract labor but cannot afford to hire them full-time. However, he is trying to get up to the minimum of ten employees. He added that he has been leasing a building on Highway 7 South and has just now built the building at Mid-America. City Manager Kent Myers explained that according to the Board’s policy if a business has less than ten employees, then the company will pay for the cost. If it is more than ten employees, then the City will pay for the cost. At this time, the 16 acres he mentioned has not sold; and Mr. Jay Chesshir indicated to him last week there is no serious interest in that lot. Director Weatherford asked that City Attorney David White explain certain sections of the water/sewer extension policy within Mid-America Park. City Attorney David White explained that upon the assertion that he is going to have ten, full-time employees; and if at the end of two years he does not, then he will be penalized $2,000 per employee under the amount of ten. If he has six, full-time and four that have not yet been created, he would owe $8,000. City Manager Kent Myers asked if he was committing to ten employees, and Mr. Housley replied that he did not know how many he will have. City Manager Kent Myers added that he is not committing to ten employees so this provision would not apply. Director Weatherford asked if the City provided water to the other businesses; and City Manager Kent Myers replied if they have more than ten employees, he would assume the City did. Director Weatherford pointed out if he thinks he is going to have ten employees, the City can provide the water. Board of Directors Meeting 9 July 19, 2004 at 7:00 P.M. City Attorney David White asked if he purchased the lot, and Mr. Housley replied that he purchased it for $37,400. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Edwards, Wheeler, and Bush, total 3. Voting “no”: Directors Brunner-Maruthur, Jones, and Weatherford, total 3; motion failed. Whereupon the resolution was declared failed. 15 Proposed Ordinance No. O-04-43 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZING AN AGREEMENT WITH CAPITOL HEALTHCARE REVIEW, INC. FOR DISEASE AND RISK MANAGEMENT SERVICES; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Wheeler, duly seconded by Director Edwards, 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 Jones, that the ordinance be passed as read. Upon discussion, Ms. Minnie Lenox, Human Resources Director, explained that this is for capital healthcare review to provide disease risk management for the employees of the City. This will allow the City to come back and control major illnesses that would affect the health plan in a negative way. The cost is $4.00 per month for covered employee, which would be approximately $2,280 per month or $27,360 a year. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Jones, Weatherford, Edwards, Wheeler, and Bush, total 6. Absent and not voting: Director Newell; motion unanimously carried. Whereupon the ordinance was declared passed. 16 Discussion on 2004 Annexation Proposal City Manager Kent Myers stated that the Board earlier in the year requested that staff develop an annexation proposal, and the proposal tonight includes four areas. He stressed this is a proposal only and wants the Board to consider whether this annexation is Board of Directors Meeting 10 July 19, 2004 at 7:00 P.M. beneficial to the community, whether the Directors can support it personally, and if the Board believes the community will support it. If a 2004 annexation plan is adopted by the Board, it is also important that the Board is committed to working to seek adoption by the voters. He said if the Board is not unanimous in its support, it will be challenging and difficult to get any annexation passed. If the Board wants to include an annexation plan on the November 2 ballot, it has to be approved by the August 16 Board Meeting and will require a 2/3 vote of the Board. He noted that the Directors may want to make changes to the plan or only consider a couple of the areas and add or delete specific parcels. He explained that according to Arkansas State law, there are three methods that cities can use to annex property. The most popular method used by the City over the past years is voluntary annexation, which is done by petition. There is also the ordinance method whereby the Board can pass an ordinance annexing property that is completely surrounded by the city limits, which can be done without voter approval. The method tonight is initiated by the City but would require the governing body by 2/3 vote to pass and then subject to approval of the voters. The voters will have to take action at least 60 days after the passage of an ordinance. The voters would include those in the city limits and the voters in the proposed annexed areas, and the total majority of those votes would determine the outcome of the election. He pointed out that growing cities generally go through annexations every few years due to several reasons: (1) irregular boundaries; (2) control open blight when areas develop without building codes or development regulations; (3) improve the aesthetic appearance of areas adjacent to the city limits; (4) increase the sales tax base of the city; and (5) improve the level of services. The City provides these services immediately upon annexation, and services that require a major capital investment are usually provided over a period of years. The areas being proposed will not require a large amount of capital investment because the City already provides water and sewer services in these areas. There is at least one city park near one of the areas being proposed (Hill Wheatley Park). He then presented maps of the proposed areas: (1) Highway 270 West. Lake Hamilton Resort was annexed several years ago, and the City is proposing that the city limit boundaries be extended up Highway 270 West to Mountain Pine junction. There will be a couple of residences in this area, but it is primarily a business area; (2) Highway 70 West to Majestic Lodge Road. It would include a commercial strip along the highway. Currently the city limit boundaries end at the Chesswood Plaza Shopping Center. There are some residences in this area, but the majority is businesses; (3) Highway 7 South Lake Hamilton. At the present time, the boundaries are very irregular which can be confusing in providing city and county services in that area. The City is proposing an area that would create a boundary of Lake Hamilton to the south. This is primarily residential Board of Directors Meeting 11 July 19, 2004 at 7:00 P.M. area, but there are a few businesses. It is primarily an area between the Hot Springs Mall and Lake Hamilton; and (4) Highway 7 South Burchwood Bay. It would be primarily to straighten out boundaries along Central Avenue bordering up to Lake Hamilton. At the present time, the boundaries are confusing and not a very efficient way of providing city or county services. This is primarily a residential area, but there are a couple of businesses along Highway 7. The City departments have indicated that the services can be provided without a major investment as far as capital equipment or new personnel. He advised that a letter was received from the Garland County Election Commission expressing concerns about the annexation proposal. On Friday, he and Deputy City Manager Lance Hudnell met with Mr. Charles Tapp, Chairman of the Garland County Election Commission. Their only concern was that in annexation area 1 (Highway 270 West), on the north side of Albert Pike Road behind Cajun Boilers, there are four residences. The Commission is concerned because one area would be a different voting district than the other area and would create a very small voting district for those four residences along that side of Albert Pike Road. He said the reason they were included in the proposal is because all of those residences have an address off Albert Pike Road. Director Jones commented that she has received numerous phone calls from people commenting if they wanted to live in the city, they would have moved into the city. However, she pointed out that the City is not squared away in the county or city and to get the census count right, she can understand the City annexing. Director Brunner-Maruthur stated she is concerned about the basic services and wants to make sure that the City does not extend its services to the existing area to the point where the City lowers the delivery of these services. She said she made a choice to move into the City years ago; and if she lived in the county, she would not want to be forced to come into the City. She asked if there could be an election within the people, not including the City, to determine if they want to come into the City and after that have an election with the City; and City Manager Kent Myers advised that state law does not provide for that. She stressed that she did not want to be part of forcing people to annex into the city if they do not want to. Director Weatherford stated that according to the reports from the department heads, it appears that it would be beneficial to annex; but there are some issues that the Sanitation Department did not complete in which Mr. Burroughs mentioned that it would be beneficial in revenue. However, he did not comment on whether he could handle it with the same personnel. Board of Directors Meeting 12 July 19, 2004 at 7:00 P.M. Mr. Bill Burroughs, Sanitation Director, advised that at the present time, the net effect, as far as revenues, will be approximately $30,000 in which he can maintain all four of these services with the existing staff. Director Weatherford questioned the effect on the Police Department, and Police Chief Gary Ashcraft advised that he can handle it with the manpower he has at the present time. He said that he was concerned if they were to go north of the railroad tracks on Music Mountain Road and would have to bring in another tower and repeater system for their radios. However, there is no problem since this will be south of the railroad tracks. He stated at the present time with the manpower and the equipment they have, they could handle it and would not cut down their response time. Director Weatherford questioned the effect on the Fire Department, and Fire Chief Ed Davis replied that he factored in the numbers based on the hydrant count in a three- mile area and then put those factors together with half of a normal response district, which told him whether or not they are going to need another engine company. He said that he did the math three times, and it was favorable each time toward the City annexing without having to add another engine company or personnel. Director Edwards pointed out that other cities in the state do not allow their water and sewer extended out of the city limits. He said when the City reaches a population of 50,000, the turnback money will be greater; and that money can be spent on those who annexed. Also, the residents will save money on water and sewer. Mayor Bush stated that he is not confident this is a doable plan. Historically, he said the City has not passed an annexation plan in 15 or 16 years, which tells him that since the citizens of the City vote, plus the residents in the proposed annexed area, it is obvious that the citizens inside the City are not supportive. He said that he is not in favor of going forward with this but commended the city staff for putting together a good plan. Mr. Bud West, Justice of Peace for District 9, said that the community in the 70 West area does not want to be in the city. He stated that he prefers to live in the county, but he takes part in many city functions. He pointed out that by taking the businesses out of the 70 West area, it creates confusion. He said that he sees confusion in law enforcement and fire protection. As a member of the Quorum Court, he noted they are trying to get some extra revenue by proposing a sales tax increase to county businesses to pay the deputies more money. He said that he is not speaking for the entire Quorum Court; but they stand to lose $150,000 a year in the solid waste department. There are also other losses in road millage if annexation were to pass. The 70 West Fire Department Board of Directors Meeting 13 July 19, 2004 at 7:00 P.M. will lose $10,000 a year; and all of the collective volunteer fire departments stand to lose money. He stressed that one important issue is the loss of harmony within the community. Director Brunner-Maruthur said that she agrees with Mr. West and would like to see the city and county relations continue. She commented that she does not want to see the city services diluted and wants to see the best delivery of city services. She stated if people choose to live in the county, they should have that privilege. She added when the people in the County want to annex, they can petition to come in. However, she is not in favor of forced annexation. Director Brunner-Maruthur announced that the mid-year Board Work Session will be held on Thursday, and the City works hard every year for each district to keep up services and invited those who would like to watch the work session and budget sessions to attend. Mayor Bush polled the Board regarding placement of the annexation plan on the next Board agenda, and there were four “no’s” and two “aye’s.” Therefore, the annexation plan will not be considered. OTHER BUSINESS 17 Board of Directors Items Director Jones announced that on Saturday, from 10 a.m. to 2 p.m., HUD applications will be distributed and will be on a first-come, first-serve basis. Anyone interested should come by the Webb Community Center and fill out an application. Director Brunner-Maruthur reported that anyone who has a street light out may call 1-800-368-3749. For prompt service, give the street ID number which is a metal tag on each light pole and begins with SL with four digits. The RibFest will be on held on July 31 at the Exchange Street Parking Plaza. She expressed appreciation to City Manager Kent Myers and those who worked on the annexation plan. She also expressed appreciation to the City for its removal of the property that burned at 901 Park Avenue. Director Edwards stressed that he is going to get all of the information he can to show the advantage of living in a city of 50,000. Director Weatherford reported that the RibFest will be held on July 31, cooking will be from 8 a.m. to 2 p.m., judging at 2 p.m., and serving at 3 p.m. All of the proceeds will Board of Directors Meeting 14 July 19, 2004 at 7:00 P.M. go to Christmas lights in Arlington Park. People may contact him at 276-7945 or Tom Daniel at 525-2261. 18 City Manager’s Report City Manager Kent Myers gave the following report: 1. Phone book recycling starts tomorrow. The recycling will continue through the end of August, and residents can leave them in the normal recycling at the curbside; or there will be a number of drop-off locations around the City which will be published in the newspaper. 2. On Thursday night, the Board will have a work session at 6 p.m.; and the primary intent is to conduct a mid-year review of the budget. Mayor Bush has requested that the new utility billing procedures be explained. Director Brunner-Maruthur has requested that there be discussion on new regulations in the downtown area. He stated there is already a code on abandoned swimming pools. He mentioned that plans are to meet in the newly renovated Board Chambers. 3. He said that he wanted to revisit an item that the Board approved at the last Board Meeting. The Board approved a resolution on a conditional use permit to allow a nonconforming sign. There was discussion at the last Board Meeting on the sign where Cock of the Walk was located, and the Board approved the continuation of that sign. He wanted the Board to be aware there was some incorrect information given during that item and wanted to correct that tonight. He distributed a drawing of the sign, which is in need of work and needs to be in compliance with the Sign Code. The Sign Code will allow up to 250 feet, and the applicant has 230 feet. The message to the Board is that the sign only exceeded City regulations by 20 feet. From the drawing that he distributed, the sign is about twice the size of what is allowed on that lot. The two sign faces, a total of 512 square feet, would basically double the requirements that are allowed under the Sign Code. If the Board wants to reconsider its action, it would have to pass a motion to add that to the agenda on August 2. He said that four out of six Directors would have to authorize including this on the next meeting in order for the Board to reconsider. He informed the Board if it did not take any action, this sign would continue as it is. There was no motion to add this item to the next meeting. Director Brunner-Maruthur said when the Board approved the landfill on Cedar Glades, there was a grant; and there are some recreational areas around the landfill. This Saturday, at noon, R/C flying, which is remote control planes, will have a large event; and there will be people from all over the country. Board of Directors Meeting 15 July 19, 2004 at 7:00 P.M. 19 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:40 p.m., to meet again on August 2, 2004, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 16 July 19, 2004 at 7:00 P.M.

Agenda

REGULAR MEETING OF THE BOARD OF DIRECTORS MEETING NO. 13 CITY OF HOT SPRINGS, ARKANSAS MONDAY, JULY 19, 2004, 7:00 P.M. HOT SPRINGS CIVIC AND CONVENTION CENTER ROOMS 104 AND 105 134 CONVENTION BOULEVARD INVOCATION - Ms. Marti Dalby PLEDGE OF ALLEGIANCE CALL TO ORDER In order to ensure fairness to all who wish to be heard, while maintaining orderly and timely meetings, the Board of Directors has established a uniform policy for receiving public input. Anyone wishing to comment on a specific agenda item should place one's name on the sign-up sheet, available at the entrance to the Board Chambers. Comments will be limited to three minutes for each person. Discussion by the Board Members or questions to the per- son will not be included in this time limit. The Board of Directors request and appreciate your cooperation with these procedures. Order of Subject Page Business Reference Consent Agenda Continued 8. Resolution No. R-04-170 Authorizing the Filing of a Grant Application with the Department of Justice Pursuant to the Local Law Enforcement Block Grant Program. 9. Resolution No. R-04-171 Accepting a Grant from the Department of Justice Pursuant to the Local Law Enforcement Block Grant Program. 10. Resolution No. R-04-172 Accepting a Grant from the Arkansas Heritage Preservation Program for Travel Expenses to the National Alliance of Preservation Commission Forum. NEW BUSINESS 11. Consider Presentation of Condemnation Resolutions. a. Resolution No. R-04-173 Condemning Certain Property at 219 Pine Meadows Street. b. Resolution No. R-04-174 Condemning Certain Property at 108 Wade. 12.. Consider Resolution No. R-04-175 Approving a Permit to Locate a Manufactured Home at 1307 Summer Street. (Appeal) 13. Consider Resolution No. R-04-176 Acknowledging the Review of the 2003 Comprehensive Annual Financial (Audit) Report. 14. Consider Resolution No. R-04-177 Approving the Extension of Hot Springs Municipal Water Service to Technology Place in Mid-America Park (Powerhouse Gym).

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