Board of Directors
Regular MeetingHot Springs, AR · July 10, 2006
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).
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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
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