Board of Directors

MINUTES BOARD OF DIRECTORS MEETING JULY 18, 2005, AT 7:00 P.M. The regular meeting of the Board of Directors was held on M onday, July 18, 2005, at 7:00 p.m., Board Chambers, City Hall, with M ayor M ike Bush presiding. The invocation was given by M r. Steve Birdwell, and Pledge of Allegiance to the Flag was led by M ayor Bush. M ayor Bush called the meeting to order at 7:00 p.m. 1 Roll Call Roll call was as follows: Present: Directors Peggy M aruthur, Elaine Jones, Steve Smith, Carroll Weatherford, Bill Edwards, Tom Daniel, and M ike Bush, total 7. 2 Approval of Agenda A motion was made by Director Daniel, duly seconded by Director M aruthur, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of July 5, 2005 Board Meeting A motion was made by Director Edwards, duly seconded by Director Daniel, that the minutes of the July 5, 2005 Board M eeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Director Edwards recognized M s. Dessie Avery, who recently moved back to Hot Springs.  CONS ENT AGENDA The Consent Agenda consisted of the following: 5 Public S afety Report (July 6, 2005). 6 Budget Transfer - Funding for Section Line Road Wastewater Relocation and Wastewater Pipe Rehabilitation at Locust and East Grand and Pleasant and East Grand. 7 ProposedResolution No. R-05-219 Approving Certain Bid Awards - Utilities (Wastewater Testing Service) [annual supply contract awarded to American Interplex]. 8 Proposed Resolution No. R-05-220 Approving the Revision to the M unicipal Airport Property M anagement Policy Regarding Sample Lease Agreements. 9 ProposedResolution No. R-05-221 Urging Garland County to Proceed with the Expansion of the Garland County Jail. 10 Proposed Resolution No. R-05-222 Expressing Appreciation to Oaklawn Jockey Club for Their Efforts Related to the Independence Day Celebration (Spa Blast). 11 Proposed Resolution No. R-05-223 Accepting a Certified Local Government Grant from t he A rkansas Historic Preservation Program to Provide Funding for Historic District Commissioners and Staff Training and to Create Design Review Guidelines for the Pleasant Street Historic District. 12 Propos e d Resolution No. R-05-224 Authorizing the Acceptance of a Grant from the Arkansas Forestry Commission for Urban Forester Conference Expenses. 13 Proposed Resolution No. R-05-225 Authorizing the M ayor to Execute Amendment No. 1 to the Contract with Carter and Burgess for Engineering Services Related to the Carpenter Dam Utility Relocation Project. Board of Directors M eeting 2 July 18, 2005 at 7:00 P.M . 14 Proposed Resolution No. R-05-226 Approving the Extension of Hot Springs M unicipal Water and Wastewater Service to M ajestic Lodge and Irongate. 15 Proposed Resolution No. R-05-227 Approving the Extension of Hot Springs M unicipal Water and Wastewater Service to Red Oak Ridge, Phase III. 16 Propos e d Resolution No. R-05-228 Awarding a Contract to B&F Engineering for Engineering Services for Relocation of a 12-Inch Water M ain on Central Avenue and Dr. M artin Luther King, Jr. Expressway. 17 Proposed Resolution No. R-05-229 Accepting a Donation of Certain Real Property from Creative Life Church for Further Development of Hot Springs Creek Greenway Known as Hollywood Trail. 18 Proposed Resolution No. R-05-230 Approving Placement of a Temporary Sign at the Veteran’s M emorial Site. A mot ion was made by Director Smith, duly seconded by Director M aruthur, that the Consent Agenda be approved. Upon discussion, City M anager Kent M yers reported that a revised Public Safety Report has been distributed to the Board; and the only change is the inclusion of an address on one of the items. M ayor Bush then called for a vote on the motion to approve the Consent Agenda; and upon roll call, the following voted “aye”: Directors M aruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. NEW BUS INES S 19 Consider Hearing on Petition for Removal of Mr. Melvyn Bell from the Central Business Improvement District No. 2 Board of Commissioners At this time, M ayor Bush declared the hearing open. M r. Ken Wheatley, Chairman of the Central Business Improvement District No. 2, commented that a number of years ago M r. M elvyn Bell became interested in the community and now owns the 16th floor of the M edical Arts Building Board of Directors M eeting 3 July 18, 2005 at 7:00 P.M . but has been delinquent on his CBID taxes since 1998. Of the last ten meetings, he has attended eight and missed five consecutive meetings; and the City has had a difficult time contacting him. He stated that the downtown baskets, light poles, benches, and underground utilities were funded by the downtown property owners; and the CBID needs vitally interested property owners. With the diminishing amount of property that M r. Bell is concerned with and the fact that he cannot be located, the CBID Commission wishes to remove him and appoint someone to the Commission to help make those decisions. He added that M r. Bell has had some health problems for the last several years, and he has talked with him several times up until the last year when he was not able to contact him. He advised that M r. Bell had said he would be willing to resign but has not made that decision. Director M aruthur said that she believes this is overdue. There being no further comments, M ayor Bush declared the hearing closed. 20 Proposed Resolution No. R-05-231 A resolution entitled, “A RESOLUTION REM OVING M ELVYN BELL FROM THE CENTRAL BUSINESS IM PROVEM ENT DISTRICT NO. 2 BOARD OF COM M ISSIONERS,” was taken from the agenda and read by title only. A mot ion was made by Director Daniel, duly seconded by Director Edwards, that the resolution be adopted as read; and upon roll call, the following voted “aye”: Directors M aruthur, J ones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 21 Proposed Ordinance No. O-05-58 A n ordinance entitled, “AN ORDINANCE TO REZONE TO A, AGRICULTURE, CONSERVATION, AND FORESTRY, TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED AT 540 ARKRIDGE ROAD, ZONED R-1, RURAL RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Jones, duly seconded by Director M aruthur, 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 Jones, duly seconded by Director Edwards, that the ordinance be passed as read. Board of Directors M eeting 4 July 18, 2005 at 7:00 P.M .  Upon discussion, M r. Jerry Raetz, Planning and Development Director, explained this parcel of property is Garvan Woodland Gardens recently annexed to the City. He stated when a parcel of property is annexed into the City, it is automatically zoned R-1, Rural Residential, as a holding zone. The Planning Commission held a public hearing at its last meeting and unanimously recommended to rezone this property to A, Agricultural, Conservation and Forestry. M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors M aruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 22 Proposed Ordinance No. O-05-59 A n ordinance entitled, “AN ORDINANCE REZONING TO R-2, SUBURBAN RESIDENTIAL, TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED SOUTH OF THE 1000 BLOCK OF GOLF LINKS ROAD KNOWN AS CANTERBURY HEIGHTS SUBDIVISION, ZONED R-1, RURAL RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Jones, 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 M aruthur, that the ordinance be passed as read. U p on discussion, M r. Jerry Raetz, Planning and Development Director, stated this is a recently annexed parcel of property and is being developed to R-2, Suburban Residential. The P lanning Commission held a public hearing on this rezoning and unanimously recommended rezoning this property. M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors M aruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 23 Proposed Ordinance No. O-05-60 An ordinance entitled, “AN ORDINANCE REZONING TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY, TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED Board of Directors M eeting 5 July 18, 2005 at 7:00 P.M . AT 2231 EAST GRAND AVENUE, ZONED R-1, RURAL RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Smith, duly seconded by Director Daniel, 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 ques tion “Shall the ordinance be passed as read?” and upon motion of Director Edwards, duly seconded by Director Smith, that the ordinance be passed as read. Upon discussion, M r. Jerry Raetz, Planning and Development Director, advised this is a parcel of property where the VFW is building its new lodge facility. It was recently annexed into the City, and the Planning Commission held a public hearing on this rezoning and unanimously recommended rezoning to C-4. M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors M aruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 24 Proposed Ordinance No. O-05-61 A n ordinance entitled, “AN ORDINANCE REZONING TO R-3, LOW DENSITY RESIDENTIAL, TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED EAST OF K INGSWAY ROAD, KNOWN AS RACHELWOOD SUBDIVISION, ZONED R-1, RURAL RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Jones, duly seconded by Director M aruthur, 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 M aruthur, that the ordinance be passed as read. U p on discussion, M r. Jerry Raetz, Planning and Development Director, stated this is a recently annexed residential subdivision, which is being developed to R-3, Low Density Residential. The Planning Commission held a public hearing and unanimously recommend the rezoning of this property to R-3. Board of Directors M eeting 6 July 18, 2005 at 7:00 P.M .  M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors M aruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 25 Proposed Ordinance No. O-05-62 An ordinance entitled, “AN ORDINANCE REZONING TO R-4, M EDIUM /HIGH DENSITY RESIDENTIAL, TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED AT 2190 HIGDON FERRY ROAD KNOWN AS BAILEY’S RIDGEWAY APARTM ENTS, ZONED R-1, RURAL RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Weatherford, 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 Smith, duly seconded by Director M aruthur, that the ordinance be passed as read. U p on discussion, M r. Jerry Raetz, Planning and Development Director, stated this is a recently annexed multi-family dwelling complex located on Higdon Ferry Road and was developed to R-4, M edium/High Density Residential. The Planning Commission held a public hearing and unanimously recommended rezoning to R-4. M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors M aruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 26 Proposed Ordinance No. O-05-63 A n ordinance entitled, “AN ORDINANCE REZONING TO R-2, SUBURBAN RESIDENTIAL TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED NORTH OF THE 600 BLOCK OF LAKESIDE ROAD KNOWN AS LAKESIDE VALLEY SUBDIVISION, ZONED R-1, RURAL RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Smith, 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 Jones, duly seconded by Director Edwards, that the ordinance be passed as read. Board of Directors M eeting 7 July 18, 2005 at 7:00 P.M .  U p on discussion, M r. Jerry Raetz, Planning and Development Director, stated this is a residential subdivision recently annexed into the City that is being developed to R-2, Suburban Residential. The Planning Commission held a public hearing and unanimously recommended the rezoning of this property to R-2. M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors M aruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 27 Proposed Ordinance No. O-05-64 A n ordinance entitled, “AN ORDINANCE REZONING TO R-2, SUBURBAN RESIDENTIAL, TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED NORTH AND EAST OF RED OAK BOULEVARD KNOWN AS REDOAK PHASES II AND III, ZONED R-1, RURAL RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Daniel, duly seconded by Director Weatherford, 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 Daniel, duly seconded by Director M aruthur, that the ordinance be passed as read. Upon discussion, Mr. Jerry Raetz, Planning and Development Director, advised this property has recently been annexed to the City and is presently being developed to R-2, Suburban Residential. The Planning Commission held a public hearing and unanimously recommended the rezoning. M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors M aruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 28 Proposed Ordinance No. O-05-65 A n ordinance entitled, “AN ORDINANCE REZONING TO R-3, LOW DENSITY RESIDENTIAL, TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED SOUTH OF THE 300 AND 400 BLOCKS OF RED RIDGE BOULEVARD KNOWN AS GARDENS GATE I OF Board of Directors M eeting 8 July 18, 2005 at 7:00 P.M . THE RED OAK RIDGE ADDITION, ZONED R-1, RURAL RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Jones, duly seconded by Director Weatherford, 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 Jones, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, M r. Jerry Raetz, Planning and Development Director, stated this property is being developed to R-3, Low Density Residential. The Planning Commission held a public hearing and unanimously recommended the rezoning. M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors M aruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 29 Proposed Ordinance No. O-05-66 A n ordinance entitled, “AN ORDINANCE AM ENDING ORDINANCE NO. 4405 REGULATING THE LOCATION OF SEXUALLY ORIENTED BUSINESSES; REPEALING CERTAIN ORDINANCES; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Smith, duly seconded by Director Weatherford, 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 up on the question “Shall the ordinance be passed as read?” and upon motion of Director Weatherford, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, M r. Jerry Raetz, Planning and Development Director, advised that several months ago, there was an opportunity to make more lands available to sexually oriented businesses. The changes the City made from the existing ordinance to that proposal was to include the present areas, plus expand it to include all of the M - 1 and M - 2 zoned properties, which would be the industrial or light manufacturing zones of the community. That ordinance was not approved, and the major change from the last ordinance is that a 500-foot buffer around all churches, parks and schools have been included for all of the industrial zones in the City. Therefore, it offers similar protection to the areas in the commercial zones as the present sexually oriented business ordinance Board of Directors M eeting 9 July 18, 2005 at 7:00 P.M . now reads. By making this change, the amount of available area for sexually oriented businesses has from the last ordinance to this ordinance dropped from 7.3 percent to 6.69 percent. The 6.69 percent is still a comfortable figure that would allow the City not to have to revisit this issue for several years. Director Maruthur commended M r. Raetz on this ordinance. She noted that the first map was done January 18, 2005; and she has seven different areas flagged and knows that he did a lot of work to assess the amount of land that would be available for these type of businesses. Director Jones expressed appreciation to M r. Raetz for working around her church. Duke Kloss, 1011 Central Avenue, spoke against the ordinance pointing out that the City is wanting to declare Confederate Park as a park; but it does not have any benches, drinking fountain, or restroom. He commented that it is a flower box and declaring it a park just to keep sexually oriented businesses away does not seem fair. He said he is in the apartment business, and Code Compliance specifies how many square feet he has to have in order to call a building an apartment. However, there is no regulation on what the City has to have to declare something a park. He added that he lives within a block of his businesses and wants to be able to live downtown and walk to his businesses. He expressed appreciation to the Fire Department for its response to Chex- 2-Cash on Tuesday. City Attorney David White explained that the City has within its authority to designate anything a park. He commented that is an administrative and legislative judgment that the Board has the authority to make. Assistant City Attorney Brian Albright pointed out that the amendment to this ordinance does not declare Confederate Square to be a park. Under Section 5, it refers to a municipal park, municipal greenway, municipal recreational facility or the historic confederate square. He stressed that it does not designate that to be a park. Director Maruthur asked if M r. Kloss is Dr. Kloss, to which he responded that he is. Director M aruthur questioned how long he has resided at 1011 Central Avenue, and Dr. Kloss replied that it has been eight months. He mentioned that he has a lake house but prefers to live downtown among his businesses. M ayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors M aruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. Board of Directors M eeting 10 July 18, 2005 at 7:00 P.M .  OTHER BUS INES S 30 Board of Directors Items Director Daniel announced that on Saturday, July 23, at 3 p.m., the second annual Spa Rib Cook-Off will be held at the Exchange Street Parking Plaza sponsored by the Downtown Association of Hot Springs. All of the proceeds are designated for the Christmas Light Program at Arlington lawn and other areas. The cost will be $5 per plate. Director Edwards reported that the area around a new building at Technology Park needs attention, such as cutting the grass. City M anager Kent M yers advised that the building is owned by t he Chamber of Commerce. Director Edwards questioned if any progress has been made in get t ing any interested parties in that building, and City M anager Kent M yers advised that the Chamber of Commerce has shown that building to several clients. However, it has not been leased. Board of Directors M eeting 11 July 18, 2005 at 7:00 P.M . 31 City Manager’s Report City M anager Kent M yers gave the following report: 1. He commended the Advertising and Promotion Commission, Police Department and other departments and agencies involved with the FLW Tournament last week, which required cooperation and hard work for an event of this size. 2. On Tuesday, July 26, at 5 p.m., the Board will have a mid-year budget work session in the Board Chambers. There are several major budget issues including health insurance, residential cart program and other budget issues facing the City within the next six months. 3. The telephone book recycling program has started, and citizens can place phone books curbside; or there are containers around town that are available. 4. Several items approved by the Board on the Consent Agenda included (a) resolution urging Garland County to proceed with expansion of the Garland County jail as soon as possible. Over the past several months, it has been exceeding capacity; and the City is working closely with Sheriff Sanders and Judge Williams. Next week, there will be another meeting with them to plan the expansion project; (b) also, the Board approved a resolution recognizing Oaklawn that hosted the Spa Blast on July 4; and Oaklawn staff worked all day to put on the show, along with Dick Antoine, Tom Wilkins, Tom Daniel, and other community leaders; (c) a Change Order was approved on a utility contract on Carpenter Dam Road. That project includes widening Carpenter Dam Road from Shady Grove Road to the dam. It is scheduled to be bid this year with construction to start in early 2006. That project will start within the next six months; (d) the Board approved the final donation of property on the next section of the Greenway. The Friends of the Park have been working to get all of the property in place in order for the City to bid the next extension of the Greenway. This extension is being paid completely from private donations, grants and Friends of t he Park money. The final plans can now be filed with the Arkansas State Highway and Transportation Department and plan to start construction of the next phase within the next several months. This will be extending the Greenway from Rotary Centennial Trailhead all the way to Euclid Street along the Adams Street right-of-way. Hopefully, there will be a groundbreaking within the next several months; (e) one of the items on the Public Safety Report was closing of Exchange Street as part of the Ribfest. There will be a large event at the Exchange Street Parking Plaza so in order to set up for that event, the City will need to close Exchange Street from Court Street all the way around to Lauray’s Jewelers to Central Avenue. For residents who live in the Board of Directors M eeting 12 July 18, 2005 at 7:00 P.M . Prospect area, they may continue to use Exchange Street but will have to make a right-hand turn on Court Street. Director M aruthur commended M r. Nelson Self, CDBG Coordinator, for his hard work. M ayor Bush reported that he was going out M alvern Avenue today and saw fire trucks in the shopping center at 2230 M alvern and commended the Fire Department for their work. Fire Chief Ed Davis advised there are about eight units in that shopping center; and there was fire damage in one unit, heavy smoke damage in an additional one, and light smoke in the remainder of them. He said that six of the businesses are back in business. The hair salon should be back in business within the next couple of weeks. 32 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 7:35 p.m., to meet again on M onday, August 1, 2005, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk M ike Bush, M ayor Board of Directors M eeting 13 July 18, 2005 at 7:00 P.M .