Board of Directors
Regular MeetingHot Springs, AR · July 19, 2004
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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