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Board of Directors

Regular Meeting

Hot Springs, AR · July 10, 2006

AgendaMinutes

Minutes

MINUTES BOARD OF DIRECTORS MEETING JULY 10, 2006, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, July 10, 2006, at 7:00 p.m., Board Chambers, City Hall, with Assistant Mayor Carroll Weatherford presiding. The invocation was given by Ms. Drew Terry, and Pledge of Allegiance to the Flag was led by Assistant Mayor Weatherford. Assistant Mayor Weatherford called the meeting to order at 7:00 p.m. 1 Roll Call Roll call was as follows: Present: Directors Peggy Maruthur, Elaine Jones, Steve Smith, Carroll Weatherford, Bill Edwards, and Tom Daniel, total 6. Absent: Mayor Mike Bush. 2 Approval of Agenda A motion was made by Director Edwards, duly seconded by Director Daniel, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of June 19, 2006 Board Meeting A motion was made by Director Smith, duly seconded by Director Daniel, that the minutes of the June 19, 2006 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests No guests were present for recognition. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (June 28, 2006). 6 Proposed Resolution No. R-06-220 Approving Certain Bid Awards (a) Backhoe - Utilities [awarded to Scott Construction Equipment Company in the amount of $71,560]; (b) Janitorial Supplies - Fleet and Various Departments [annual supply contract awarded to American Paper and Twine, Dixie Paper, Central Poly Corporation, Merritt Wholesale, Kerr Paper and Supply, Arkansas Bag and Equipment, and Myers Janitorial Supply]; (c) Polyethylene Pipe - Public Works [annual supply contract awarded to Consolidated Pipe]; (d) Asphalt Hot Mix - Public Works [annual supply contract awarded to Martin Marietta]; (e) One-Ton Truck - Public Works [awarded to Landers Ford in the amount of $20,570.10]; and (f) Wastewater Testing - Utilities [annual supply contract awarded to American Interplex]. 7 Proposed Resolution No. RB06-221 Authorizing the Mayor to Execute Lease Addendum No. 4 Between the City of Hot Springs, Arkansas, and Reebaire Aircraft, Inc., for Hangar A-3. (Removed from Consent Agenda for separate consideration) 8 Proposed Resolution No. R-06-222 Authorizing the Mayor to Execute Lease Addendum No. 4 Between the City of Hot Springs, Arkansas, and Reebaire Aircraft, Inc., for Hangar A-14. (Removed from Consent Agenda for separate consideration) 9 Proposed Resolution No. R-06-223 Approving Change Order No. 4 with Martin Marietta for Certain Improvements to the Safety Areas and Taxiway AD@ at the Airport. 10 Proposed Resolution No. R-06-224 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to 568 Grand Point Drive (Villa Escondida Condo Development). 11 Proposed Resolution No. R-06-225 Approving the Extension of Hot Springs Municipal Wastewater Service to Sylvan Hills Road. 12 Proposed Resolution No. R-06-226 Awarding a Contract to S&S Plumbing for 2006 Annual Water Line Improvements. 13 Proposed Resolution No. R-06-227 Accepting a Donation of Certain Real Property from Sky Bridge Resort Community, LLC for Construction of a Water Storage Tank (The Ridges). 14 Proposed Resolution No. R-06-228 Authorizing the Mayor to Execute a Lease Agreement Between the City of Hot Springs, Arkansas, and Rodney A. Bottoms, d.b.a. Bottoms Commercial Real Estate for Office Space at the Transportation Depot. 15 Proposed Resolution No. R-06-229 Appointing Members to the Community Development Advisory Committee. A motion was made by Director Jones, duly seconded by Director Edwards, that the Consent Agenda be approved. Upon discussion, Director Smith requested that Item No. 7 (Proposed Resolution No. RB06-221 Authorizing the Mayor to Execute Lease Addendum No. 4 Between the City of Hot Springs, Arkansas, and Reebaire Aircraft, Inc., for Hangar A-3) and Item No. 8 (Proposed Resolution No. R-06-222 Authorizing the Mayor to Execute Lease Addendum No. 4 Between the City of Hot Springs, Arkansas, and Reebaire Aircraft, Inc., for Hangar A-14) be removed from the Consent Agenda for separate consideration. Assistant Mayor Weatherford then called for a vote on the motion to approve the Consent Agenda, as amended; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. UNFINISHED BUSINESS 16 Proposed Resolution No. R-06-217 Board of Directors Meeting 3 July 10, 2006 at 7:00 P.M. A resolution entitled, AA RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WASTEWATER SERVICE TO 104 STACY STREET AND 204 STACY STREET WITH THE CITY PARTICIPATING IN EXTENSION COSTS,@ was taken from the agenda and read by title only. A motion was made by Director Daniel, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, explained that a request was received from Mr. and Mrs. Rash, 104 Stacy Street, to extend wastewater service to their property since they have a failing septic tank and would like assistance with financing this project. The total cost of providing wastewater service to 104 Stacy Street would be $8,005, which included the wastewater impact fee, maintenance fee on the pump, connection fees, etc. (total $1,700). He reported that the Board removed this item from a previous agenda and requested that staff survey the remainder of the homes in the neighborhood to see if anyone else was interested. The total cost of extending service to 204 Stacy is $8,210. Staff has three options for the Board to consider: (1) extend wastewater service to 104 and 204 Stacy, including financing all of the fees [$16,215]; (2) extend wastewater service to 104 and 204 Stacy without the City waiving the fees [$13,315]; and (3) extend the force main only requiring the residents to pay for their connection fees, permit fees, etc. and grinder pump [$7,120]. Director Maruthur stated she would like to consider another option whereby the City would pay for the improvements and help develop the wastewater as opposed to the septic tank. The cost would be $6,305, and the property owner would pay all of the other fees (impact, maintenance, connection, inspection, and lateral kit), which would be $1,700. A motion was made by Director Maruthur, duly seconded by Director Jones, to approve the extension of wastewater services to 104 Stacy Street with the property owner paying $1,700 and the City paying $6,305. Upon discussion, Mr. Jeremy Rash, 104 Stacy, said his request is to get as much assistance as possible in order to have city sewer to his residence. Director Maruthur asked if Mr. Rash has any future plans for this area, and Mr. Rash said that he does and considered the purchase of his home on Stacy Street as a good investment opportunity. He added he has done some improvements to this Board of Directors Meeting 4 July 10, 2006 at 7:00 P.M. property; and unless the City extends sewer to his area, that will stop for him. He said he wants to continue to invest in the property, and that area is growing and improving. Director Daniel stated that at the last meeting, the Board directed Utilities Director Don Cochran to check if there was anyone else on Stacy Street who wanted to connect to the sewer, and there was only one resident at 204 Stacy. He suggested that the Board approve Option 2, which is approving extension to 104 Stacy Street and 204 Stacy Street with the residents paying the fees (impact, connection, etc.). Director Maruthur asked if he was suggesting what she had recommended in a motion for 104 Stacy be applied to 204 Stacy, whereby the residents would only pay the fees and would not be paying for the infrastructure; and Director Daniel replied that was correct. Director Maruthur stated that she spoke to Mr. Rash today, who mentioned that he participates in construction in the County; and she wanted to encourage residents to remain in the City, and the City provide them with the help when they need it. At this time, Director Maruthur withdrew her motion and Director Jones her second, if the Board is going to consider Option No. 2. Director Smith asked if there was any new construction close to his house, and Mr. Rash said there is within three miles. Director Smith asked if there is any activity in construction on this street, and Mr. Rash replied there is not any on Stacy Street. He added about 3 mile up the street, on Cones Road, some of his family just built homes within ten years; and the City extended sewer from Ridgeway to Cones Road where two homes hooked onto that. Director Smith mentioned when this was tabled at the last meeting, the Board instructed staff to survey all of the residences; and Mr. Cochran replied there are other homes there; but 204 Stacy was the only other residence interested in connecting to the wastewater system at this time. Director Maruthur commented if the City does not offer this to people who are trying to stay in the City, there will not be any development in areas that do not have wastewater services. A motion was made by Director Daniel, duly seconded by Director Maruthur, that the resolution be amended to include Option No. 2 (the property owner at 104 Stacy would be responsible for the fees, which is $1,700; the property owner at 204 Stacy would be responsible for the fees, which is $1,200; and the City would assume infrastructure Board of Directors Meeting 5 July 10, 2006 at 7:00 P.M. cost at a total of $13,315); and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Edwards, and Daniel, total 5. Voting Ano@: Assistant Mayor Weatherford. Absent and not voting: Mayor Bush; motion carried. Assistant Mayor Weatherford then called for a vote on the motion to approve the resolution, as amended; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Edwards, and Daniel, total 5. Voting Ano@: Assistant Mayor Weatherford. Absent and not voting: Mayor Bush; motion carried. Whereupon the resolution was declared adopted, as amended 17 Proposed Ordinance No. O-06-43 An ordinance entitled, AAN ORDINANCE ACCEPTING CERTAIN STREETS WITHIN THE SHALE CREEK SUBDIVISION AS PUBLIC STREETS; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Smith, duly seconded by Director Maruthur, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Edwards, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, Public Works Director Steve Mallett stated he submitted a memo setting out five options (1) accept the streets in the current condition with no contribution by the property owners except for the $4,714.32 to pay for the repair of the collapsed culvert; (2) accept the streets with that culvert and an additional $28,000 to overlay all the streets within the subdivision for a total of $32,714.32; (3) accept the streets with a contribution to the City to upgrade by overlay utilizing most deficient sections of the street along Shale Creek Trail ($4,714.32 for the culvert and an additional $14,000 for the overlay); (4) accept the streets with a contribution in the amount of $4,714.32 for the collapsed culvert and an additional $7,000 to patch and repair and/or overlay where needed; and (5) deny acceptance of the streets, and the burden of repair would be on the property owners. Director Daniel questioned if the subdivision were opened up for development on the back side and the developer put in the streets in areas that are now undeveloped, would those streets be turned over to the City, and Public Works Director Steve Mallett replied that they would. Board of Directors Meeting 6 July 10, 2006 at 7:00 P.M. Director Smith commented the streets would have to meet existing code, which is part of the problem at this time. He noted they would not be 20 feet wide. Mr. Mallett said that is also predicated on the fact that the streets would be accepted into the City; therefore, there would be a link from a city street to another city street. If they remained private streets, he did not know that the City could or would accept streets off the end of that as public streets since they would have to cross a private street to get to it, which would be a conflict. Mr. Edward Whyers, 104 Shale Creek Court, said he purchased a house in the City and has been there for six years but found out that the streets were not covered by the City. He urged the City to pave the streets. Mr. Robert Hoekstra, 105 Shale Creek Court, stated he purchased his property seven years ago, but the developer is no longer there. He did not have any knowledge that the streets were not city streets and would like to get a vote that would be acceptable to them. Mr. Ken Anderson, who owns several lots inside the existing subdivision, stated that Phases 2 and 3 of Shale Creek do not exist and are out in acreage now. Most of the land in Phases 2 and 3 belong to him and will stay in acreage until he can afford to do something with them. He stated there are 38 lots in Phase I, and he distributed a petition to all of the existing property owners. He noted there are only 22 houses, and the City is asking 22 houses to pay up to $32,000 to overlay a street that the residents thought belonged to the City. He commented of the 22 existing families, not one was made aware when they bought their homes that this was not a city street, including him. The original developer made a proposal to the City, and the City agreed to it. However, he has been gone for seven years. He stated the only option the existing residents have agreed to do and are able to do is Option 1, where they pay for the repair of the culvert. Anything else would be a burden on retired residents. Ms. Carol ALori@ Wood, 100 Shale Creek Court, said she is concerned with the safety of the streets; and the residents are asking for a favorable vote to accept their streets as part of the City. Director Smith pointed out there is not a POA or a developer and noted there are four property owners present tonight and questioned who speaks for the other property owners. Ms. Wood commented that their representative is Director Edwards. Director Smith asked where the other 19 property owners are and their feelings. Ms. Wood stated she has spoken to at least ten of the property owners, and they are in agreement with this Board of Directors Meeting 7 July 10, 2006 at 7:00 P.M. proposition. She added they do not have an active POA, and she cannot represent them other than she has spoken with them as friends and neighbors; and they support her position. Director Smith asked if there was any interest in restarting a POA, and Ms. Wood replied that she has not received any response. However, she has hand-delivered letters to everyone in the neighborhood but has not received any positive response about restarting a POA. City Attorney Brian Albright commented that a memo was sent to the City Manager regarding the history of Shale Creek, and the final plat was approved March 1999; and there was a footnote on that plat. He questioned if that was the same plat that Mr. Anderson referred to signed by former Planning Director Tom Elgin, in March 1999; and Deputy City Manager Lance Hudnell replied that it was. He added that Note No. 3 on the plat said that streets shown hereon are private streets. City Attorney Brian Albright questioned if this was filed for public record and anyone who purchased property would have been able to know they were private streets. Deputy City Manager Lance Hudnell replied that they would. He advised it was filed for record on March 9, 1999. A motion was made by Director Daniel, duly seconded by Director Edwards, that the ordinance be amended by including Option 4 (accept the streets with a contribution in the amount $4,714.32 for the collapsed culvert and an additional $7,000 to patch and repair and/or overlay where needed). Upon discussion, Director Maruthur asked if the City is accepting the streets for any paving in the future; and City Manager Kent Myers advised that the City accepts the streets once the $11,714.32 is paid to the City and City will repair the streets as indicated; and they will become public streets thereafter. Director Daniel commented for around $400 per household, they are receiving the streets for City maintenance. He noted the potholes will be repaired up to the $7,000, as well as the culvert. From that day forward, it will be a public street. Assistant Mayor Weatherford then called for a vote on the motion to approve the amendment (Option 4 - accept the streets with a contribution in the amount $4,714.32 for the collapsed culvert and an additional $7,000 to patch and repair and/or overlay where needed); and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion carried. Board of Directors Meeting 8 July 10, 2006 at 7:00 P.M. Assistant Mayor Weatherford then called for vote on the motion to adopt the ordinance, as amended; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the ordinance was declared passed, as amended. 18 Proposed Ordinance No. O-06-57 An ordinance entitled, AAN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PROVISION OF COMMUNITY FIREWORKS DISPLAY; APPROPRIATING DONATIONS; AND FOR OTHER PURPOSES RELATED THERETO,@ was taken from the agenda for consideration. A motion was made by Director Smith, 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 AShall the ordinance be passed as read?@ and upon motion of Director Smith, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, Director Maruthur questioned what the $30,000 for fireworks display represents; and City Manager Kent Myers explained it represents the total cost of that display with the money donated to the City to cover the cost of July 4 display. Director Maruthur questioned the donations - general, and was informed that is a revenue account. She stated the entire cost of the display was $30,000, and Director Daniel explained that it is whatever the donations come up to, not to exceed $30,000, which is an umbrella figure to use. He explained there was not $30,000 donated, but the money that was donated will be turned into Finance and will be the amount of the check. Director Maruthur questioned the cost of all of the fireworks, and Director Daniel replied that it was over and above the amount that was donated. Assistant Mayor Weatherford then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, and Edwards, total 5. Abstaining: Director Daniel. Absent and not voting: Mayor Bush; motion carried. Whereupon the ordinance was declared passed. NEW BUSINESS Board of Directors Meeting 9 July 10, 2006 at 7:00 P.M. 19 Proposed Resolution No. R-06-230 A resolution entitled, AA RESOLUTION AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM OUTDOOR RECREATION GRANT PROGRAM FOR ENTERGY PARK AND KIMERY PARK,@ was taken from the agenda and read by title only. A motion was made by Director Smith, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, Parks and Recreation Director Jean Wallace stated when she wrote the request, the project she was proposing would have a $150,000 grant match at the two locations (Kimery Park and Entergy Park). However, in trying to be more conservative with the demanding parks capital needs and the City=s needs, the alternatives she submitted have to do with decreasing the projects at each one of the parks. Instead of asking for $150,000 for grant match, she said she would propose $70,000 ($50,000 of which would be budgeted money for 2007) that would take care of a reduced scope of work at Entergy Park, which included a pavilion that would be revenue producing and an overlook off one of the trails. Regarding the project at Kimery Park, there is an approximate budget balance of $20,000, a remainder from the capital improvement money from this year; and she proposed reappropriating that money for next year and using that as the Kimery Park match. She stated instead of a $150,000 request, the new money is only $50,000. She advised that the Kimery project would bring the park into compliance with handicapped accessibility and would also award more points in the grant application since those needs would be addressed. At Entergy Park, this would be continuing the development of project park completion by 2008. Director Smith asked if $70,000 is what she is requesting from the City for the match, and Ms. Wallace said that it was. He stated that the City has an ongoing commitment to Entergy Park and asked that she report on that. Ms. Wallace explained when the property was donated four years ago, Entergy gave the City five years to complete the park; and the City has to-date received over $1 million worth of grant money and probably another additional 2 million dollars in community donations in volunteer hours. However, there are some items that need to be completed by December 2008. She stated there are several items she will need help with next year and will probably be asking for more money in the amount of $100,000 for a grant match next year, which will be for 2008. Board of Directors Meeting 10 July 10, 2006 at 7:00 P.M. Director Maruthur said she is concerned about the money; and during the Board work session last week, it decided that there needs to be a lot of clean-up and investment in more staffing. She stated she would rather wait until the next cycle She pointed out that the City Manager had expressed some concerns about City revenues and uncertainties and some of the staffing needed to complete programs (CDBG, increasing Code Compliance Department, and several other issues expressed at the work session). She said she did not want to see Parks and Recreation spread any thinner than it is. She asked if Finance Director Dorethea Yates could get some numbers together for tonight. Finance Director Dorethea Yates stated that Finance is in the process of closing out the month of June and starting the mid-year budget process at that time. She would have numbers then to substantiate what the position is for the funds. City Manager Kent Myers said he agreed with Director Maruthur and raised those concerns early in the year. He commented the City is looking at challenges for next year with regard to CDBG, Code Compliance, etc. and pointed out this is a large decrease from the amount that Parks has dedicated to matching funds this year. This year in the 2006 budget, there is $90,000 in matching funds, and this will be decreasing it to $50,000. He pointed out the $20,000 has already been allocated, which is in the budget at the present time for Kimery Park. Director Maruthur stated she did not want to get into the budget process and hear the City does not have the money for this and start questioning cuts, which happened last year. City Manager Kent Myers pointed out that happens every year, and the Board comes up with its priority list. He added if this is a priority, then the Board needs to vote on it. If the Board has other priorities, he would suggest delaying this for a year and supporting the other priorities. Director Maruthur said her concern is not what they want, but what is needed immediately because she does want this and supports the Parks Department. However, she believes it is better to accept the grant when the City is on firm ground. Director Jones questioned what happens with the Donation Deed if the City is not ready for 2007 nor going to be ready for 2008. Ms. Wallace stated that the Donation Deed was clear that the donation of property was contingent upon completing the park in five years, which was the commitment the Board at that time made 3-1/2 years ago. She said she assumed they could take the property back, and the City would be obligated to Board of Directors Meeting 11 July 10, 2006 at 7:00 P.M. replace a park on Lake Hamilton comparable to Entergy Park at City expense because of the Land Water Conservation Fund money that was used to build the park. Director Weatherford stated that the grant she is applying for is for 2007 and questioned when she will know about it, and Ms. Wallace replied that she will not know until the first of January that they have been funded. However, the grant application is due August 25. Director Weatherford said he would rather be matching dollar for dollar as to the City trying to find $100,000 and no one matching the other half. He stated he wanted to spend more money at Kimery Park and had rather ask for more money. Ms. Wallace commented that her original request was for $150,000; but since that time, she has scaled it down to what she felt the City could afford. Director Weatherford stated he had rather get $100,000 worth of work for $150,000 as the City trying to do $150,000 worth of work out of its pocket. Director Smith commented there is a time line on Entergy Park, and he believes the City did a good job with the money on Kimery Park last year with $20,000 still in the budget. Director Maruthur mentioned that $200,000 was spent on Kimery Park; and the City is considering doing more, which would be nice but stressed there are needs for basic services. She said her commitment is to the basic services and infrastucture that citizens need for everyday. She noted the City should do this when it has money to match. She stated that she cannot support this because she believes the City should wait and then support it when the City has the funds. City Attorney Brian Albright pointed out that the resolution does not specify a dollar amount but authorizes the application of the grant on a 50-50 matching basis. He asked if Ms. Wallace was wanting a commitment on the amount she can apply for before she begins the grant writing process. Ms. Wallace explained that it takes the same amount of time to write a grant for $70,000 as it does for $150,000. She added she has to submit a budget and inform them what the City is applying for on August 25. Director Daniel asked if this was contingent upon getting the grant, and Ms. Wallace said that it is. Director Daniel suggested that she proceed and write the grant. Board of Directors Meeting 12 July 10, 2006 at 7:00 P.M. City Manager Kent Myers pointed out if the City gets the grant, it is obligated to spend the $70,000. Director Smith pointed out a number that Director Maruthur mentioned ($200,000 for Kimery), is actually $130,000. He stated the City appropriated $200,000; but as of this date, $130,000 has been spent; and there is another $20,000 that is committed to Kimery. By factoring in the time line on Entergy, he said the City is in site of two years on this of a five-year commitment. With the City having an $80 million budget, he said he believes the City can find the $70,000 match. A motion was made by Director Smith, duly seconded by Director Daniel, that the City apply for a $70,000 grant with a $70,000 match, which would include $20,000 for Kimery Park and $50,000 for Entergy Park; and upon roll call, the following voted Aaye@: Directors Jones, Smith, Weatherford, and Daniel, total 4. Voting Ano@: Directors Maruthur and Edwards, total 2. Absent and not voting: Mayor Bush; motion carried. Assistant Mayor Weatherford then called for a vote on the motion to adopt the resolution; and upon roll call, the following voted Aaye@: Directors Jones, Smith, Weatherford, and Daniel, total 4. Voting Ano@: Directors Maruthur and Edwards, total 2. Absent and not voting: Mayor Bush; motion carried. Whereupon the resolution was declared adopted. 7 Proposed Resolution No. R-06-221 A resolution entitled, AA RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE LEASE ADDENDUM NO. 4 BETWEEN THE CITY OF HOT SPRINGS, ARKANSAS, AND REEBAIRE AIRCRAFT, INC. FOR HANGAR A-3,@ was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Smith, that the resolution be adopted as read. Upon discussion, Mr. George Downie, Airport Director, explained that in January 2006, the City deferred $236,000 in hangar rent and grounds rent for two hangars because of Reebaire aircraft=s financial situation. In Addendum No. 3, the City deferred that amount of money and also put some stipulations where the City would come back and review their financial situation in June. On June 8, 2006, he and Finance Director Dorethea Yates met with Reebaire management and their CPA. Ms. Yates reviewed their disclosures through March 2006. He said the finances look good for the first quarter, Board of Directors Meeting 13 July 10, 2006 at 7:00 P.M. but the profit has not been translated into cash flow; however, some things have occurred since January. Comair, one of their major customers, which was under the bankruptcy with Delta, has decided to do their repairs in-house; therefore, they have lost Comair, which resulted in the loss of about 40 contract jobs. In the meantime, they picked up ASA, SkyWest, and Mesa and are optimistic about the future. He explained they are behind in their payroll taxes, which they are making up with the cashflow through their profits from the first quarter. The City had deferred approximately $48,351 in the Hangar A-3 area, which was from June 2005, through December 2005. On Hangar A-14, it was $187,713; and they are proposing to pay that back at approximately $60,000 a year over a four-year period. Regarding Hangar A-3, there is an increase in rental payment of $12,087.96 for four years, which covers the $48,351.84 of deferred rent. Director Smith asked if at the end of four years under this proposal, they have zeroed out the deferred rent; and Mr. Downie said that was correct. Director Smith questioned if they have been current in everything the City has asked them to do in January, and Mr. Downie said they have done everything the City has asked them to do. They have paid on time all of their hangar rent and grounds rent; and last month, they had a $17,000 fuel bill, which they paid on time. Director Smith explained that he asked this be removed from the Consent Agenda because this is a large contract, and he wanted everyone to be aware of this and asked if in his opinion, this was the best way to handle this lease and if he thinks it is to the best of their ability to pay it. Mr. Downie replied that he and Finance Director Dorethea Yates recommend that the Board approve this. He pointed out they have not received any money from the Comair bankruptcy. In the Lease Addendum, the tenant and landlord agree to meet and review the tenant=s finances and repayment schedule every six months with the first meeting being in December 2006. Director Edwards commented that just a few weeks ago, he understood from Mr. Downie that Reebaire was doing great and the money was coming in. What surprised him was a report from the Finance Department that they are in bad shape and behind on their payments to the City. Mr. Downie stated that in January, the Board passed two lease addendums deferring their rent. Since then, they have made their monthly payments on time and have fully complied with the agreement that the Board passed in January 2006. He added that the City has deferred $236,000, which they are proposing to repay the City $60,000 a year over the next four years making them current in 48 months. He stated that in January, the City knew that all of their major customers had declared bankruptcy, which Board of Directors Meeting 14 July 10, 2006 at 7:00 P.M. is the reason for the deferment. He added they have fulfilled every obligation they agreed to in the Lease Addendum passed in January. Assistant Mayor Weatherford then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the resolution was declared adopted. 8 Proposed Resolution No. R-06-222 A resolution entitled, AA RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE LEASE ADDENDUM NO. 4 BETWEEN THE CITY OF HOT SPRINGS, ARKANSAS, AND REEEBAIRE AIRCRAFT, INC. FOR HANGAR A-14,@ was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Daniel, that the resolution be adopted as read. Upon discussion, Mr. George Downie, Airport Director, stated this is for the large hangar and is the major repair center for the regional jets. The City deferred $187,713; and they are proposing to pay the City back an additional rental increase of $46,928.40 per year over the next 48 months. They followed all of the stipulations that were placed in Lease Addendum No. 3 in January of this year. City Attorney Brian Albright asked when these leases expire, and Mr. Downie advised that they expire 2017 and 2022 (20 year-leases). He added there are some strong termination and penalty clauses in this lease. Assistant Mayor Weatherford then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the resolution was declared adopted. 20 Request from Mr. Bob Driggers Regarding Public Comment Section on Board Agenda Mr. Bob Driggers, #3 Stonegate Heights, stated there are ways to control a public comment section by having the public sign up, what the subject is, and speak to a subject Board of Directors Meeting 15 July 10, 2006 at 7:00 P.M. that relates to city business. He questioned how this can be called a public meeting if the public is not allowed to speak and how can the Board represent the public if it does not listen to the public. Director Maruthur stated that she called Mr. Driggers because she had some concerns. She asked if he had any problem with being approved on the agenda, in other words if somebody has a comment or a suggestion that is City-related or could assist the City, they would have to be signed up with the City Clerk to be on the agenda and would have a time limit. City Attorney Brian Albright commented that is the form Mr. Driggers filled out to be on the agenda. Mr. Driggers said his request is to have a public comment section where people can come into the meeting, sign their name to the subject they wish to speak to, and have a public comment section. He advised that in his research, Cabot, Cherokee Village, Conway, Fort Smith, Malvern, North Little Rock, Paragould and Siloam Springs have a public comment section. City Attorney Brian Albright asked if he is suggesting that anyone be able to come to a Board Meeting and sign a list in order to be able to speak at a public comment section and speak on any topic they felt like engaged city business, and Mr. Driggers said that is basically correct. However, in order to have control over it, they would then sign the subject they wish to speak to if it is relative to city business and give them a set amount of time. City Attorney Brian Albright questioned how the City would get past the requirement that it publishes an agenda for the rest of the public to know what topics are going to be discussed. He pointed out if the topics that are going to be discussed are unknown until the night of the meeting, it does not give the rest of the public an opportunity to appear and be able to speak on the same issues. Mr. Driggers commented these are non-action items and for information purposes only, such as announcements, recommendations, or a complaint. City Manager Kent Myers stated that his concern is if a speaker started talking about a major problem at a certain address; and a citizen is watching television and owns this property, he or she would be affronted by not having prior notification of that concern. Therefore, they would not have an opportunity to be at the Board Meeting to defend Board of Directors Meeting 16 July 10, 2006 at 7:00 P.M. themselves and their property. He asked City Attorney Brian Albright if the Board can limit the discussion to only city business should it create such an agenda item. City Attorney Brian Albright replied from a practical standpoint, he did not know how the City could police that because once someone has an open-microphone forum, there is no way of controlling what they say about any topic. He pointed out the Board has an agenda meeting at which all of the Directors are able to understand what is going to be set for the next meeting and have an opportunity to notify all of the interested parties about the topics at hand. He said that he has some hesitation in recommending to the Board that it create an open-microphone forum that would allow anyone to come in and speak on any topic. He commented Mr. Driggers is saying it needs to be a city-related issue and they would sign up on the list that night, but the Board cannot hold them to that and has no way of investigating anything that has to do with that agenda item prior to the meeting. He pointed out that the Directors are elected to represent districts and the constituency within those districts. If citizens have an issue that needs to be addressed by the Board, they need to contact their representative; or if the item is significant enough, fill out an agenda request form. Mr. Driggers stated with the forum the Board currently has as far as subjects, the Board has no more or no less control; but the Board can control that sort of thing by finding out what it is. Director Jones commented that in her district, they have town hall meetings where all the city staff attends, as well as residents of the district. She asked if he would like to attend a town hall meeting and state his concerns. Mr. Driggers replied that is a good forum, as well as board workshops. Assistant Mayor Weatherford pointed out that Mr. Driggers resides in the County. Director Maruthur said she called Mr. Driggers so she would understand his request, but he did not mention these other cities that have such a section. She noted there is a Board Action Request Form, which he filled out and signed. She said that he told her that people have signed up but were not given the opportunity to speak after they had signed up. Mr. Driggers said that was correct, including himself. He reported that on June 5, 2006, he had signed to speak to an issue but was not given the opportunity to do so. At the meeting on June 19, 2006, Mr. Rick Gale signed up to speak but was not recognized. City Manager Kent Myers explained that Mr. Gale had signed up on the wrong agenda item; and when the Board came to that agenda item, he had left the meeting. Board of Directors Meeting 17 July 10, 2006 at 7:00 P.M. Director Maruthur stated any citizen who wants to speak to the Board fills out Agenda Request Form, and the Directors decide at the agenda meeting the items that are brought before the Board whether they want them on the Consent Agenda or New Business. She said that she wanted to make sure that Mr. Driggers or anyone who wants to appear before the Board will be allowed to speak if it is related to the City. She stressed that she did not want to see anyone denied from speaking whether they live in the County or the City if it concerns something that can contribute to improve or get the Board to thinking about something it needs to do for the City. She stressed that she wanted to make sure no matter what they do with this request, that people are given the opportunity to speak. She said that she was not aware of a person not being able to speak. City Attorney Brian Albright questioned if other cities that have a public comment section, whether or not it is a section of the agenda they sign up for in advance or whether they sign the day or night of the meeting. Mr. Driggers said the ones he has personal, first-hand knowledge of include school boards in the City and County, and they have sign-up sheets at the entrance to the meetings. He asked that the Board allow the public to speak at public meetings. Director Maruthur suggested if an individual signs up to speak to an issue and they are not allowed due to an oversight, that they be allowed to come back. Also, if anyone signs an Agenda Request Form, that they are allowed to speak on an issue they request that affects the City. City Manager Kent Myers stated he believes the current practice works; and to his knowledge, no one has ever been refused to appear before the Board upon filling out an Agenda Request Form. Director Maruthur stated she wants to make sure that nothing is turned down, and City Manager Kent Myers advised that the Board has the ability to turn it down as part of the agenda-setting process. He added when the agenda is put together on Tuesday, the Directors can delete anything on the agenda they want. Director Maruthur emphasized that was part of her concern. She noted that she is going to look into what other cities do. There being no action taken, Assistant Mayor Weatherford called for the next item of business. 21 Proposed Resolution No. R-06-231 Board of Directors Meeting 18 July 10, 2006 at 7:00 P.M. A resolution entitled, AA RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WASTEWATER SERVICE TO LOTS 2-4 OF EUCLID HEIGHTS SUBDIVISION; AND FOR OTHER PURPOSES,@ was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Smith, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, advised that staff received a request from Ms. Kathy Garcia and Mr. Cecil Tuggle, for assistance in extending wastewater service to 504 Portland. They purchased this lot for the purpose of moving a mobile home there and do not have wastewater service at this time. It is his understanding that they may have the capability of paying $6,000 toward the cost of extending the wastewater service, and they are asking that the City extend a payment plan. The resolution is written to where the payment plan would extend over a period not to exceed 72 months. Ms. Kathy Garcia, 130 Hudgins Circle, said she was told she could place a mobile home on this property; but when they started to install a septic tank, the ground would not accept it. She added she will help pay for this extension. Director Daniel questioned the cost to extend the line, and Mr. Cochran advised that the total cost is $12,050, which includes the wastewater impact fee, pump maintenance fee and inspection fee. If Mr. Tuggle pays $6,000, the City is looking at financing around $5,145 over a 72-month period. Director Jones asked if this is in the overlay area for the trailer, and Deputy City Manager Lance Hudnell advised that the issue before the Board tonight is extending wastewater to the lots. There is a separate issue with regard to the placement of manufactured homes, which will be considered by the Planning Commission on Thursday night. He added it is not within the mobile home overlay district. The ordinance allows for a manufactured home to be placed somewhere outside the district if there has been a preexisting mobile home there. In this case, there had been one there and had been added onto. He explained in discussion with City Attorney Brian Albright, it was a gray area as to whether it is now a single-family home or whether it is a mobile home; and this will be considered by the Planning Commission for their interpretation of the ordinance. If this extension is approved, it may or may not be to a mobile home. Board of Directors Meeting 19 July 10, 2006 at 7:00 P.M. Director Edwards questioned if this line could provide service to other lots, and Mr. Don Cochran, Utilities Director, advised that it could provide service to other lots in the future if someone develops it. Director Daniel questioned if there are other homes in this area, and Ms. Garcia advised that there are two houses and a mobile home. City Manager Kent Myers stated that the resolution before the Board sets out that the property owners will pay up-front $6,000; and the balance of $5,145 will be financed over 72 months. Mr. Don Cochran, Utilities Director, stated that the property owners would like to make that contingent upon their being able to place the mobile home at that location. Assistant Mayor Weatherford questioned if others have been allowed to pay out over a period of time; and City Attorney Brian Albright advised there was a situation earlier where the City funded part of the cost. He added the City is not charging any interest or issuing a note. Mr. Don Cochran, Utilities Director, advised that the City did a similar situation on Terryland where the customers paid a certain amount per month for 72 months. Assistant Mayor Weatherford called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Edwards, and Daniel, total 5. Voting Ano@: Assistant Mayor Weatherford. Absent and not voting: Mayor Bush; motion carried. Whereupon the resolution was declared adopted. 22 Proposed Resolution No. R-06-232 A resolution entitled, AA RESOLUTION APPROVING THE APPLICATION OF STACY AND TRACY ROBERTS, D.B.A. DUCKS IN THE PARK, FOR TWO ADDITIONAL SIGHTSEEING LICENSES (VEHICLES),@ was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Smith, that the resolution be adopted as read. Upon discussion, Mr. Stacy Roberts, 12 Stonegate Court, business address (250 Central Avenue), stated that their duck business, owned by him and his brother, Tracy Board of Directors Meeting 20 July 10, 2006 at 7:00 P.M. Roberts, has expanded. He stated at one time, there were 13 ducks running in Hot Springs; but currently there are 7. He said that he operates three but needs two more ducks over the next few years. He has found the ducks in Chicago and are Coast-Guard inspected. He commented this will not increase the number of ducks that are downtown, noting there is an ordinance in CBID where there can only be two ducks from each company located within that limit. That has not been exceeded, and he does not foresee any problems. He mentioned that he has not had any violations written on him. Director Jones asked if he goes through Central Avenue, and Mr. Roberts stated they leave at 250 Central Avenue and sometimes they leave in front of the parking deck and travel down Central Avenue to the lake and also take Higdon Ferry Road at Oaklawn. They proceed to the Fisherman=s Wharf Restaurant where they enter the water and conclude their water tour at Salty Dog Restaurant. They come back on Central and take a left at Red Lobster and get back on Higdon Ferry and come out at Oaklawn on Central. Once they get back to Central and Grand, they have two options. During the week when the traffic is slower, they go straight and at times, take alternates routes. They make a left at Central and Grand or past the Methodist Church and get on Ouachita. Currently, they are going to the Coca Cola Company, get on Quapaw and are on Quapaw for about two blocks, then turn onto Prospect to go down the hill and unload in the parking deck. Assistant Mayor Weatherford questioned where he currently sells tickets, and Mr. Roberts stated that it is at 250 Central Avenue and also on the parking lot across from the Arlington Hotel, which he owns. Assistant Mayor Weatherford asked if he sells at Mr. Wheatley=s parking lot, and Mr. Roberts stated that he is referring to Don and Judy Roberts, who are his parents and owners of National Park Duck Tours. Assistant Mayor Weatherford called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Edwards, and Daniel, total 5. Voting Ano@: Assistant Mayor Weatherford. Absent and not voting: Mayor Bush; motion carried. Whereupon the resolution was declared adopted. 23 Proposed Ordinance No. O-06-58 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING CATALINA CIRCLE FROM R-1, RURAL RESIDENTIAL DISTRICT, TO PD, PLANNED DEVELOPMENT DISTRICT,@ was taken from the agenda for consideration. Board of Directors Meeting 21 July 10, 2006 at 7:00 P.M. A motion was made by Director Smith, 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 AShall the ordinance be passed as read?@ and upon motion of Director Jones, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Acting Planning Director/Deputy City Manager Lance Hudnell explained this is a small parcel of property approximately 2 acre that was annexed into the City. When properties are annexed into the City under the Zoning Code, they come in with an automatic designation of R-1, Rural Residential, until such time as the Planning Commission can meet, hold a public hearing and assign a proper zoning designation to the parcel. The options are to leave it R-1, rezone as RL, or rezone it as PD. He stated PD was recommended because the parcel was too small to be R-1. It is a condo project, and R-L requires that a multi-building site or multi-dwelling site be at least two acres. Since this is a half-acre, it would not fit in the R-L designation so that left the PD designation, which would mean that any future modifications to the site would have to be approved by the Planning Commission. The Board has the option of establishing the zoning as R-1 and then it would be a preexisting, nonconforming use or doing an R-L, which would also be a preexisting, nonconforming use. Director Smith questioned the number of units, and Deputy City Manager Lance Hudnell replied these are already built; and there are three buildings and either two or three-story buildings, which is Phase I. Regarding Phase II, the developer owns additional property that has not come into the City or been proposed to the Planning Commission for development. He said another option would be to table this issue until such time as they develop the rest of the property and zone it all at that time. Director Smith asked if that would create a hardship for anyone, and Deputy City Manager Lance Hudnell stated that he was not aware of it as long as City Attorney Brian Albright was comfortable with carrying R-1 for an extended period of time. City Attorney Brian Albright advised that it would have to be left as R-1 and would not want to go to R-L and then come back for a rezoning. Deputy City Manager Lance Hudnell stated that it would be left as R-1, and he did not believe there was anything in the Zoning Code prohibiting that as long as this designation was remembered in the future. Board of Directors Meeting 22 July 10, 2006 at 7:00 P.M. Assistant Mayor Weatherford commented this was discussed at the agenda meeting, and PD is one of the zonings the Board wants to take a look it. Deputy City Manager Lance Hudnell stated this is not holding up anyone=s development or creating a crisis for the current owners. City Attorney Brian Albright commented this is one of the oddities that has been discussed. This is property that is developed outside the City subject to annexation because the City is going to let them have water and sewer, and it is built by the time it is annexed. He commented it does not fit any of the zoning requirements, and the only thing it fits is PD because PD is the oddity. He pointed out it is the designation used when nothing else fits, and nothing else fits this piece of property. A motion was made by Director Daniel, duly seconded by Director Jones, that the ordinance be tabled until such time as the remaining property is developed; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. 24 Proposed Ordinance No. O-06-59 An ordinance entitled, AAN ORDINANCE ACCEPTING BLUEBELL PLACE AND LARKSPUR COURT WITHIN PHASE I OF WILDWOOD SUBDIVISION AS PUBLIC STREETS; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Daniel, duly seconded by Director Smith, 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 AShall the ordinance be passed as read?@ and upon motion of Director Smith, duly seconded by Director Daniel, that the ordinance be passed as read. Upon discussion, Public Works Director Steve Mallett reported that the City has inspected these streets and found them to be acceptable to City standards and recommend that they that be accepted. Assistant Mayor Weatherford then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Board of Directors Meeting 23 July 10, 2006 at 7:00 P.M. Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the ordinance was declared passed. 25 Proposed Ordinance No. O-06-60 An ordinance entitled, AAN ORDINANCE NAMING AND ACCEPTING A CERTAIN ALLEY AS A PUBLIC ALLEY (NORTH FROM VANTAGE STREET TO CLARA BETWEEN CYPRESS AND POTTER); AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Daniel, 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 AShall the ordinance be passed as read?@ and upon motion of Director Daniel, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, Public Works Director Steve Mallett advised staff is recommending that the City accept this alley (Alley 06001) for City maintenance; and it provides primary access to at least one house. Assistant Mayor Weatherford then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the ordinance was declared passed. 26 Proposed Ordinance No. O-06-61 An ordinance entitled, AAN ORDINANCE PROHIBITING SMOKING AND THE USE OF TOBACCO PRODUCTS IN MUNICIPAL BUILDINGS AND FACILITIES,@ was taken from the agenda for consideration. A motion was made by Director Daniel, duly seconded by Director Maruthur, that the rules be suspended and the ordinance be read for the first time by title only; and upon roll call, the following voted Aaye@: Directors Maruthur, Smith, Weatherford, and Daniel, total 4. Voting Ano@: Directors Jones and Edwards, total 2. Absent and not voting: Mayor Bush; motion failed to suspend the rules and read by title only. The ordinance was then Board of Directors Meeting 24 July 10, 2006 at 7:00 P.M. read in its entirety for the first time. The ordinance will be carried over for its second reading on August 7. OTHER BUSINESS 27 Board of Directors Items Director Maruthur announced there are free mosquito larvae blocks available at 600 Main Street, Suite Q; and citizens may call 624-1965, City Hall, or Garland County Conservation Office. The Park Avenue Community Association held a meeting and expressed appreciation for everyone=s attendance. There will be an executive committee meeting tomorrow night and will be addressing some critical issues. Director Jones wished a speed recovery to Mayor Bush. She announced that a permit was issued for the Woodman Building (National Baptist Building), Phase I and II and the lobby. She welcomed all of the visitors from Boston who are here for family reunions. One of the main concerns from two of the reunions was the historical cemetery, and she understood that Code Compliance has been contacted. Director Smith announced the City recently received a significant award and read the following press release: AGovernment Finance Officer=s Association of the United States and Canada is pleased to announce that the City of Hot Springs National Park, Arkansas, has received the Distinguished Budget Presentation Award for its budget. This award presented to Finance Director Dorethea Yates represents a significant achievement by the City and reflects the commitment of the governing body and staff to meet the highest principles of governmental budgeting.@ He then read a statement from Finance Director Dorethea Yates: AThis award is the result of a strong desire by city management and the Board of Directors to develop an annual budget based on sound, financial policies and communicate about that budget in an understandable manner to the citizens of Hot Springs. In order to receive this budget award, the City had to satisfy the following nationally recognized guidelines for effective budget presentation: (1) a policy document; (2) a financial plan; (3) an operations guide; and (4) a communications device. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America.@ Director Edwards expressed appreciation to those who participated in selecting him as Alderman of the Year during the Arkansas Municipal League Convention. Board of Directors Meeting 25 July 10, 2006 at 7:00 P.M. Director Daniel announced that the Spa Rib Cookoff will be held on July 22 in the Exchange Street Parking Plaza, and tickets will be on sale. 28 City Manager=s Report City Manager Kent Myers gave the following report: 1. On the Consent Agenda, the Board approved a resolution appointing members to the Community Development Advisory Committee, which will help with the Community Development Block Grant Program to look at some of the current and future projects and provide recommendations to City staff. The members are Casey Jones, Terry Holstine, Cheryl Batts, Jay Binns, Stevie Spargo, Velda Holmes and Gary Grogan. 2. Last Friday, the City issued a press release regarding the closure of Bridge Street and will be doing some work on Bridge Street for CBID No. 3 improvement, effective tomorrow for approximately four weeks. 3. There will be a Board Work Session on Monday, July 24, starting at 5 p.m. However, the Board will need to act on a couple of items that need to be approved prior to the end of July. On July 31, there will be the mid-year budget work session. Director Maruthur stated at the agenda meeting, she mentioned for years, Board discussion and announcements were first on the Board Agenda; and she would like to see the Board discussion and announcements at the beginning of the meeting while everybody is listening because that is where the Board can reach citizens for events, etc. She recommended that at the next meeting, Board discussion and announcements be held at the beginning of the meeting for the benefit of the public. City Manager Kent Myers pointed out that the Board sets the agendas and suggested that this start at the first meeting in August if it is the consensus of the Board. Director Smith said he supports Director Maruthur=s proposal; but in fairness to Mayor Bush, he would like to wait until he returns and let him deal with this matter because it will affect how the meetings are conducted. 29 ADJOURNMENT Board of Directors Meeting 26 July 10, 2006 at 7:00 P.M. There being no further business to come before the Board, the meeting adjourned at 9:40 p.m., to meet again on Monday, August 7, 2006, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 27 July 10, 2006 at 7:00 P.M.

Agenda

REGULAR MEETING OF THE BOARD OF DIRECTORS MEETING NO. 13 CITY OF HOT SPRINGS, ARKANSAS MONDAY, JULY 10, 2006, 7:00 P.M. BOARD CHAMBERS, CITY HALL 133 CONVENTION BOULEVARD 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 person will not be included in this time limit. The Board of Directors request and appreciate your cooperation with these procedures. INVOCATION - Mr. J. E. Sanders PLEDGE OF ALLEGIANCE CALL TO ORDER Order of Business Subject BOARD BUSINESS SECTION 1 Roll Call of Board of Directors. 2 Consider Approval of the Agenda. 3 Consider Approval of Minutes for June 19, 2006. 4 Recognition of Guests. 1 Order of Business Subject Items placed in this section are a matter of routine business which are expected to involve little or no discussion by the Board or the public. The Consent Agenda is usually voted on in mass. However, if any two Directors so desire, individual items may be discussed and/or voted on as a separate matter of business. CONSENT AGENDA SECTION 5 Public Safety Committee Report (June 28, 2006). 6 Resolution No. R-06-220 Accepting Certain Bid Awards. (a) Backhoe - Utilities; (b) Janitorial Supplies - Fleet/Various Depts. (ASC)*; (c) Polyethylene Pipe - Public Works (ASC)*; (d) Asphalt Hot Mix - Public Works (ASC)*; (e) Truck - Public Works; (f) Wastewater Testing - Utilities (ASC)*. *ASC - Annual Supply Contract 7 Resolution No. R-06-221 Authorizing the Mayor to Execute Lease Addendum No. 4 Between the City and Reebaire Aircraft, Inc. for Hangar A-3. 8 Resolution No. R-06-222 Authorizing the Mayor to Execute Lease Addendum No. 4 Between the City and Reebaire Aircraft, Inc. for Hangar A-14. 9 Resolution No. R-06-223 Authorizing the Mayor to Execute Change Order No. 4 with Martin Marietta for Certain Improvements to the Safety Areas and Taxiway “D” at the Airport. 10 Resolution No. R-06-224 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to 568 Grand Point Drive (Villa Escondida Condo Development). 11 Resolution No. R-06-225 Approving the Extension of Hot Springs Municipal Wastewater Service to Sylvan Hills Road. 12 Resolution No. R-06-226 Awarding a Contract to S&S Plumbing for 2006 Annual Water Line Improvements. 2 Order of Business Subject (CONSENT AGENDA CONTINUED) 13 Resolution No. R-06-227 Accepting a Donation of Certain Real Property from Sky Bridge Resort Community, LLC. for Construction of a Water Storage Tank (The Ridges). 14 Resolution No. R-06-228 Authorizing the Mayor to Execute a Lease Agreement Between the City and Rodney A. Bottoms, d.b.a. Bottoms Commercial Real Estate, for Office Space at the Transportation Depot. 15 Resolution No. R-06-229 Appointing Members to the Community Development Advisory Committee. UNFINISHED BUSINESS 16 Consider Resolution No. R-06-217 Approving the Extension of Hot Springs Municipal Wastewater Service to 104 Stacy Street and 204 Stacy Street with the City Participating in Extension Costs. (Tabled 6-19-06) 17 Consider Ordinance No. O-06-43 Accepting Certain Streets Within the Shale Creek Subdivision as Public Streets. (Adoption) 18 Consider Ordinance No. O-06-57 Waiving Requirements of Competitive Bidding for the Provision of Community Fireworks Displays and Appropriating Donations. (First Reading) (Tabled 6-19-06) NEW BUSINESS 19 Consider Resolution No. R-06-230 Authorizing the Filing of a Grant Application with the Arkansas State Department of Parks and Tourism Outdoor Recreation Grant Program for Entergy Park and Kimery Park. 20 Consider Request from Mr. Bob Driggers to Include Public Comment Section on Board Agenda. 21 Consider Resolution No. R-06-231 Approving the Extension of Hot Springs Municipal Wastewater Service to Lots 2-4 of Euclid Heights Subdivision. 22 Consider Resolution No. R-06-232 Approving the Application of Stacy and Tracy Roberts, d.b.a. Ducks in the Park, for Two Additional Sightseeing Licenses (Vehicles). 3 Order of Business Subject 23 Consider Ordinance No. O-06-58 Amending the Zoning Code by Rezoning Catalina Circle from R-1, Rural Residential District, to PD, Planned Development District. 24 Consider Ordinance No. O-06-59 Accepting Bluebell Place and Larkspur Court Within Phase I of Wildwood Subdivision as Public Streets. 25 Consider Ordinance No. O-06-60 Naming and Accepting a Certain Alley as a Public Alley (North from Vantage Street to Clara Between Cypress and Potter). 26 Consider Ordinance No. O-06-61 Prohibiting Smoking and the Use of Tobacco Products in Municipal Buildings and Facilities. OTHER BUSINESS 27 Consider Board of Directors' Items for Discussion and Announcements (no vote). 28 Consider City Manager’s Report. 29 ADJOURNMENT 4

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