Board of Directors

MINUTES BOARD OF DIRECTORS MEETING AUGUST 21, 2006, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, August 21, 2006, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Jeff Childs, and Pledge of Allegiance to the Flag was led by Mayor Bush. Mayor Bush called the meeting to order at 7:00 p.m. 1 Roll Call Roll call was as follows: Present: Directors Peggy Maruthur, Elaine Jones, Steve Smith, Carroll Weatherford, Bill Edwards, Tom Daniel, and Mike Bush, total 7. 2 Approval of Agenda A motion was made by Director Smith, duly seconded by Director Maruthur, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of August 7, 2006 Board Meeting A motion was made by Director Edwards, duly seconded by Director Jones, that the minutes of the August 7, 2006 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests City Manager Kent Myers recognized Ms. Kathy Sellman, the City=s recently hired Planning and Development Director. CONSENT AGENDA  The Consent Agenda consisted of the following: 5 Public Safety Report (August 10, 2006). 6 Budget Transfer - CDBG Secretary ($6,329). 7 Proposed Resolution No. R-06-255 Approving Certain Bid Awards (a) Carbon - Utilities [annual supply contract awarded to General Carbon]; (b) Turbidimeter - Utilities [awarded to Hach Company in the amount of $28,660.58]; (c) Janitorial Services - Animal Services, Transportation Depot, Youth Center, Police, Airport and Sanitation [awarded to Servicemaster, OJ=s and Dow]; (d) Blended Polyphosphates - Utilities [annual supply contract awarded to CalciQuest]; and (e) Structure Demolition - Code [awarded to Ervan Slaight in the amount of $28,157 and John T=s Excavation in the amount of $14,694]. 8 Proposed Resolution No. RB06-256 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Oaktree Park Development. 9 Proposed Resolution No. R-06-257 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Parkwood Garden Homes and Condominiums. 10 Proposed Resolution No. R-06-258 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Davis Subdivision. 11 Proposed Resolution No. R-06-259 Requesting Additional Funding from Arkansas Natural Resources Commission Revolving Loan Fund for Certain Construction Costs Related to the Southwest Wastewater Treatment Plant. 12 Proposed Resolution No. R-06-260 Awarding a Contract to CEG Construction for Grading and Drainage of Site for the Aircraft Storage Hangar Project. Board of Directors Meeting 2 August 21, 2006 at 7:00 P.M. 13 Proposed Resolution No. R-06-261 Awarding a Contract to Harrison Construction for Construction of Six Aircraft Storage Hangars. 14 Proposed Resolution No. R-06-262 Awarding a Contract to Martin Marietta Materials, Inc. for Asphalt Ramp Construction for Aircraft Storage Hangar Project. 15 Proposed Resolution No. R-06-263 Revising the 2006 Airport Fund Budget by Appropriating Funds for Airport Hangar Project. 16 Proposed Resolution No. R-06-264 Appointing Ray Smitherman to the Civil Service Commission. 17 Proposed Resolution No. R-06-265 Appointing Dana Hotho to the Planning Commission. 18 Proposed Resolution No. R-06-266 Appointing Shea Childs to the Arts Advisory Committee. 19 Proposed Resolution No. R-06-267 Appointing Charles Smith to the Community Development Advisory Committee. 20 Proposed Resolution No. R-06-268 Confirming the Appointments of Larry DeWitt and Kimberly Gillim to the Hot Springs Advertising and Promotion Commission. (Removed from Consent Agenda for Separate Consideration) 21 Proposed Resolution No. R-06-269 Authorizing the Execution of an Easement Between the City of Hot Springs, Arkansas, and Entergy Arkansas, Inc. Across Certain City-Owned Property West of 230 Whittington. 22 Proposed Resolution No. R-06-270 Authorizing the Mayor to Execute an Agreement Between the City of Hot Springs, Arkansas, and the Federal Board of Directors Meeting 3 August 21, 2006 at 7:00 P.M.  Emergency Management Agency (FEMA) for the Purpose of Updating FEMA Maps. 23 Proposed Resolution No. R-06-271 Accepting the Donation of a 1997 Dodge Passenger Van from Dr. Mike McFarland for the Hot Springs Police Department S.W.A.T. Team. 24 Proposed Resolution No. R-06-272 Designating a Certain Streets as a Privately Maintained Street (Kittleberger Court). A motion was made by Director Jones, duly seconded by Director Maruthur, that the Consent Agenda be approved. Mayor Bush announced that a substitute resolution (Proposed Resolution No. R-06-272 Designating a Certain Street as a Privately Maintained Street (Kittleberger Court) has been distributed, which deletes Foxwood. Upon discussion, Director Maruthur requested that Item No. 20 (Proposed Resolution No. R-06-268 Confirming the Appointments of Larry DeWitt and Kimberly Gillim to the Hot Springs Advertising and Promotion Commission) be removed from the Consent Agenda for separate consideration. Mayor Bush then called for a vote on the motion to approve the Consent Agenda, as amended; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. NEW BUSINESS 25 Proposed Resolution No. R-06-273 A resolution entitled, AA RESOLUTION APPROVING A REVISED SITE PLAN FOR THE A-STORAGE PARK LOCATED AT 239 AMITY ROAD,@ was taken from the agenda and read by title only. (Appeal) A motion was made by Director Edwards, duly seconded by Director Smith, that the resolution be adopted as read. Board of Directors Meeting 4 August 21, 2006 at 7:00 P.M.  Upon discussion, Mr. Vernon Gingrich, 148 Echo Valley Road, stated that prior to his taking action on this project, he called the Planning Department to see what was required. He talked to Ms. Robin Wise, in the Planning Department, around July 1, and told her he wanted to get a lot line variance to build on the property line. She informed him she had spoken to Acting Planning Director Lance Hudnell; and since he was in the County, he could build as he wants. He said he started his lot clearing and grading, ordered three large buildings, and figured them to be built on the property line as he had first been approved. He stated after he had paid for all of his permits, he was informed that he could not build on the property line and would have to go to the Planning Commission for approval. He advised that he had letters from the neighbors, Eddie=s Drywall and James Farrell, saying they had no objection to his building on their property line and presented that information to the Planning Commission with his plans. However, the Commission informed him he could not do it. He said he has given 40 feet on one side and 60 feet on the other side off Amity Road but was told the road was going to be expanded. Therefore, he moved his buildings back, taking one stall out of the west side building. He found out that he had an easement through the middle of the property, which takes another 25 feet. He said he left trees because of the esthetic look and designed his buildings around these trees. He stated he has twelve buildings in the back, seven on the east side, and six on the west side. He said that he is requesting an easement on his No. 3 building, which is his south building. He added the ten feet behind his west building was dead space, and Eddie=s Drywall has no problem with it. Director Smith asked who holds the easement through the middle of the property, and Mr. Gingrich said it is a high pressure sewer line and a gas line. He added the way it comes through the property, it is narrow on one side and wide on the other side and takes up more of his property in the middle. He said that he believes he has tried to do what is required to build the project properly, but this setback on the south building of five feet is ridiculous. Also, he cannot work with the setback of ten feet on the other side and has already taken out one building. He pointed out the landscaping in front with the trees will not work, and he will have to take out another building. City Manager Kent Myers asked if this was a recorded easement, and Mr. Gingrich said that it was. City Manager Kent Myers said he should have been aware of that when he purchased the property. Mr. Gingrich said that most people do not look at the easements when purchasing a piece of property, but he cannot put a building on top of it. Therefore, he redesigned his buildings for that. Acting Planning Director Lance Hudnell explained that Mr. Gingrich made an inquiry to the Planning Department in early July concerning a storage facility. At that time, Board of Directors Meeting 5 August 21, 2006 at 7:00 P.M. staff erroneously assumed he was referring to a small u-haul type storage buildings. Later in the month, he came in for the plumbing permit. At that time, staff realized he was talking about a project of a much larger scope than what the initial verbal inquiry had been and asked him to submit a site plan. He submitted a site plan; and these buildings are approximately 100 feet long, 50 feet wide, and around 16 feet in height. In evaluating the Code, it was determined that they come under Article II of the Subdivision Code and would require Planning Commission site approval. At the Planning Commission level, it was staff=s recommendation to do at least a ten-foot setback but did not require a 25-foot setback. He was informed if it were in the city, it would be at least a 25-foot setback. The Planning Commission, in negotiation with Mr. Gingrich, came up with 10 feet on the building facing the property. On the property line, because it faces a side street, there would be some buffer because of the street right-of-way and at least five feet on the building in the rear. He submitted letters from the adjoining property owners that they have no objection. He explained it was the Planning Commission=s concern that while the current owners may not have objection, the whole purpose in doing the site review is for protection of the future owners. The final resolution at the Planning Commission level is ten feet on one building, zero feet on the other, and five feet on the one in the rear. He stated the one that is ten feet puts it closer to his driveway, making it more difficult to get into the last stall based on the current configuration of the driveway. He advised it is the Planning Commission=s determination that there should be at least a ten-foot setback. Director Daniel questioned the first information received, and Acting Planning Director Lance Hudnell replied that Ms. Wise informed him there was a request for a storage facility and asked if there were any requirements on storage facilities. Previous to this, Article II type projects have not been coming to the Planning Commission; therefore, staff has to do an analysis of each one to determine whether it should or not because this is a site plan review and not a regular subdivision. When she asked the question, he just erroneously assumed this was a small-type project and did not realize the scope of it until they came in for their plumbing permit. This was a verbal conversation, and there was no site plan submitted at that time for staff=s review. He noted that Mr. Gingrich was trying to do what he needed to do by verbal inquiry. Director Daniel questioned when he attended a Planning Commission meeting, if he agreed upon the setbacks of 0, 5 and 10; and Acting Planning Director Lance Hudnell replied that is correct until he realized what the 10 feet was going to do to him with regard to the ramping effect of the driveway. Board of Directors Meeting 6 August 21, 2006 at 7:00 P.M.  Mr. Gingrich stated for anyone who has a motor home or large trailer, he wants them to get off the road and not block traffic; and that is why he made a 50-foot wide driveway off Amity Road. By doing this, it took the first stall. Director Daniel questioned the date they came up with the setbacks of 0, 5 and 10, which Mr. Gingrich agreed to at that time; and Acting Planning Director Lance Hudnell replied that was on August 10. Mr. Gingrich said that he agreed to it at that time because he had not measured. However, when he went back and measured, he called Mr. Rick Stauder, Planning Assistant, the next day and informed him this would not work. He stated the buildings are set way back off the road, and he has left about eight or nine large pine trees in the front and around the same amount through the middle of the property. Mr. Gary Threadgill, Chairman of the Planning Commission, explained when Mr. Gingrich came before the Commission, a motion was made and passed for ten feet on every building. At the end of the meeting, Mr. Gingrich asked if the Commission would recall it and give him special consideration. At that time, Mr. Threadgill asked if there was anyone who would make the motion to recall it, and they did. At that time, the Commission told him it would do away with all of the ten foot=s. One building has to have 10 feet, one would be from 10 to 0, and the other one was 10 to 5. He agreed to do away with the 10 foot all the way around and give him the variances he needed. He state the property was purchased, and Mr. Gingrich knew the easements were there. Director Smith asked if those setbacks have been satisfied if Amity Road should ever be widened as part of the City=s Comprehensive Plan, and Mr. Threadgill replied that they have. City Attorney Brian Albright pointed out if the Board votes in favor of the resolution, the setbacks would be zero from the adjoining property lines, which would be contrary to what the Planning Commission has recommended. Mr. Gingrich said he wanted the zero property lines so he could adjust the buildings, but he is not going to build on the property line even where he was given the easement to build on it. On the east side, he is going to be about two to three feet off the property line. On the south building, he is going to be three feet off to line up with the trees. On the west side, will probably be three or four feet off. City Attorney Brian Albright said if the Board denies the appeal, he is back to what the Planning Commission wanted unless a Director wants to amend it to state with more specificity the Board=s desires. Board of Directors Meeting 7 August 21, 2006 at 7:00 P.M.  Director Smith pointed out that Mr. Gingrich made certain business decisions based on information provided by the City. Acting Planning Director Lance Hudnell stated that Item No. 3 in the Board Action Request Form (building on the west side of the property to have a 10 foot side-yard setback, building on the east side to have 0 side-yard setback, the rear most building to have a 5-foot side-yard setback from the eastern property line; and a 10-foot rear yard setback should a rear property line ever be established by a lot split) is how the Planning Commission originally wrote it. Director Maruthur made a motion to accept this with Amendment No. 3 that was recommended by the Planning Commission (building on the west side of the property to have a 10 foot side-yard setback, building on the east side to have 0 side-yard setback, the rear most building to have a 5-foot side-yard setback from the eastern property line; and a 10-foot rear yard setback should a rear property line ever be established by a lot split). Acting Planning Director Lance Hudnell pointed out that is Item No. 3 in the resolution. Director Weatherford said if the Board votes Ano,@ that is what will happen anyway. Acting Planning Director Lance Hudnell explained that the Planning Commission approved this, subject to these conditions set out in the Board Action Request Form. City Attorney Brian Albright stated that if the Board votes Ano,@ it is going that way anyway. Acting Planning Director Lance Hudnell asked if a vote Ano@ on the resolution would disapprove the entire site plan, and City Attorney Brian Albright advised that it would not because this is not a zoning change that had to come to the Board. This is an appeal of the Planning Commission=s decision. If the Board denies the appeal, then the Planning Commission=s decision stands. Director Maruthur stated if the Board votes Ano@ on this resolution, which is consistent with the Planning Commission, she is going to withdraw her motion. Board of Directors Meeting 8 August 21, 2006 at 7:00 P.M.  Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Ano@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously failed. Whereupon the resolution was declared failed. 26 Proposed Resolution No. R-06-274 A resolution entitled, AA RESOLUTION APPROVING A REVISED SITE PLAN FOR THE BRIDGEBAY CONDOMINIUM PROJECT LOCATED AT 115-117 LOOKOUT POINT,@ was taken from the agenda and read by title only. (Appeal) A motion was made by Director Weatherford, duly seconded by Director Edwards, that the resolution be adopted as read. Upon discussion, Acting Planning Director Lance Hudnell explained this item was presented to the Planning Commission; and the basic issue became a five-foot setback on the building on the eastern side. That was requested to be ten feet at the Planning Commission meeting, but there was also a five-foot setback on the other end. However, it was for a small portion of the building on the west side; therefore, that was not a problem. Since the Planning Commission meeting, a revised site plan has been presented; but this has not been presented to the Planning Commission. The only changes are that the setback is now approximately 72 feet, and they have agreed to install a dry standpipe for fire access on the unit that is nearest to that property line. Upon discussion, Ms. Stephanie White, 928 Airport Road, representing BridgeBay Condo development, stated they originally had presented the project with a five-foot setback on the east side and also the west side of the project. Originally, the Planning Commission had no problems with the five-foot on the west side and was concerned with fire issues if there were to be an emergency situation. At that time, the Planning Commission declined the site plan for approval; and the applicant decided to go to the Fire Department since they had already looked at the site plan and did not seem to have any problems with it. The applicant spoke to Fire Chief Ed Davis and Assistant Fire Marshall Tom Braughton, and they did not have any problem with the five-foot setback under the condition that they install a dry standpipe at that unit on the far east side. The applicant also discussed this with Arc-Isle, which is adjacent to the property on that side lot line; and they do not have any problems with a five-foot setback. At that time, it was determined that the site, being a multi-family development, would be approved as an R-4 development and would be required that they provide a 72 foot setback line, which they have provided on the revised site plan on the east and west property line. Board of Directors Meeting 9 August 21, 2006 at 7:00 P.M.  Mr. John Thornton, 1208 Twin Points Road, representing Arc-Isle and president of the board of directors, distributed a letter stating the board of directors of Arc-Isle reviewed the site plan and approved it. He said they have a formal agreement on the fence line between the two properties, and they are going to do some modifications to their drainage down at the lake, which will enhance both properties. Mr. David Campbell, a member of the Planning Commission, speaking against the resolution, stated this is on the lake; but there is no zoning out there. However, they have to look at something for a guideline. He said this being on the lake would be more like an R-L, which requires 12-foot setback, but it is too small for an R-L. Therefore, it would have to go to a PD, and the Planning Commission would still look at the requirements of the underlying zone, which would be the 12-foot setback. Under an R-4, the project is too large for a permitted use of an R-4 and would have to come to the Planning Commission as a conditional use. He stated that he believes the Planning Commission would have the opportunity then to question the sideline setback and lobby for the ten-foot setback. Director Smith asked if he wanted them for ten-foot setback and they came back with 72-foot setback, and Mr. Campbell stated that a gentleman called him Saturday and asked if he would consider a 72-foot setback. He informed him that he wanted to look at the plans again and possibly visit the site again. He stated that he looked at the plans and saw two ways to either move the building or cut the back line in just a little, which would give the ten-foot setback that the Planning Commission requested. He informed him that he could not support the 72 foot setback and still wanted the ten-foot setback that was voted on at the Planning Commission meeting. However, he would ask the Planning Commission chairman to recall it as soon as possible, possibly at a special meeting. However, the gentleman said that he would like to take this to the Board of Directors as an appeal. Director Smith asked if there is enough concern that it should be referred back to the Planning Commission. Mr. Campbell stated that a three-story building that close to the line is too close; and if it is referred back to the Planning Commission, he is going to lobby for ten feet, which is a compromise between the R-4 and the R-L. Director Daniel questioned how soon this can be placed on their agenda to give them an opportunity to bring it back, and Mr. Campbell stated it could possibly get on the next meeting or ask the chairman to call a special meeting. Director Daniel said that he believes the Board needs a recommendation from the Planning Commission. Board of Directors Meeting 10 August 21, 2006 at 7:00 P.M.  Mr. Campbell commented that the Planning Commission did not say 72-foot setback and lobbied with them for probably 20 minutes to come off the five feet but could not get a variance off the five foot. Mr. Gary Threadgill, Chairman of the Planning Commission, said that he can recall and have a special meeting as soon as tomorrow. Mr. Ray Owen, 110 Leigh Circle, attorney representing the developers of BridgeBay Condominiums, which is a residential project to be located on Point Lookout immediately adjacent to Arc-Isle, stated this property is located in the county; therefore, there is no zoning associated with this property. The only item to be considered by the City is the site plan. On August 10, the developer presented the site plan to the Planning Commission and was denied by a 4-2 vote. He stated the primary reason for denial was the side-lot yard setback of five feet along the eastern property line, which is where the Arc-Isle property is located. The developer has now amended the site plan to increase the setback to 72 feet and to add a standpipe system as requested by the Fire Department. The board of directors of Arc-Isle was in favor of the site plan when it had a five-foot setback and is still in favor of it. Also, the Hot Springs Fire Department has met with the engineer for this project and reviewed the site plan. He explained the site plan, as presented to the Board, includes a turnaround for fire apparatus and adequate number of fire hydrants and a residential sprinkler system for each dwelling unit in the project. All of these improvements were included after consultation with the Fire Department personnel. The Fire Department has approved this project with five-foot setbacks. He stated the amended site plan more than meets the requirements of the Hot Springs Fire Department and more than satisfies the board of directors of Arc-Isle. He said they are asking that the Board approve the amended site plan, which is the same side setback as would be provided in an R-4 zone. He mentioned that Mr. Campbell had previously said he would go with a ten-foot setback, but there is no provision for a ten-foot setback that he can find. He noted there is a 12-foot setback on R-L zoning, but this could never be R-L zoning because that does not allow multi-family; there is a 72 foot setback on R-4 zoning. He said the ten-foot setback does not fit, and he does not think it will meet any kind of standard. He requested that the Board approve the amended site plan tonight, pointing out it is satisfactory with the Fire Department and Arc-Isle. He presented letters from the Fire Department and some photographs of this area. He also noted that the Police Chief said that he could speak for him in saying that he did not have a problem with this. Director Weatherford pointed out that the Police Chief will not be patrolling this since it is in the County, and Mr. Owen said that neither is the Fire Department unless it is Board of Directors Meeting 11 August 21, 2006 at 7:00 P.M. ever annexed into the City. Director Weatherford said if it ever came into the City, this would be another situation the City is trying to prevent on the lake, which is crowding everything in. A motion was made by Director Smith, duly seconded by Director Edwards, that this be referred back to the Planning Commission; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush total 7; motion unanimously carried. City Attorney Brian Albright pointed out this will be referred back to the Planning Commission to be considered at the special called meeting sometime this week. 27 Proposed Resolution No. R-06-275 A resolution entitled, AA RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WASTEWATER SERVICE ALONG NOXON STREET TO PROVIDE ALTERNATIVE WASTEWATER SERVICE TO 106 AND 108 NOXON,@ 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, said staff is recommending extending wastewater service for Mr. Merwyn Smith, at 108 Noxon, contingent on Mr. Smith=s paying the cost of the service extension. In this case, 106 and 108 Noxon are already tied to the wastewater system and share a common service line (the customer=s private plumbing into one tap into the sewer system). Mr. Smith is requesting that the City separate those two taps and extend a new line up Noxon Street, and the City would have to separate the two plumbing lines and then extend service to the new wastewater line that is installed on Noxon Street. He stated the City has offered to Mr. Smith to install another connection, and the property owners would be responsible for rerouting their own plumbing where each one of them would have their own connection to the city sewer. He advised that the estimated cost would $7,025. Director Edwards asked if the City will run a new connection to 106 Noxon and let him take care of 108 Noxon; and Mr. Cochran replied that in the beginning, he offered that the City will install one new connection and then the property owners would be responsible for rerouting their plumbing to the new connection; the other home would already be connected. However, they have asked for an extension of a new wastewater line on Noxon Street. He advised if the Board approves this resolution, it is approving the Board of Directors Meeting 12 August 21, 2006 at 7:00 P.M. extension of that line contingent on the property owner paying for the new wastewater line. Mr. Merwyn Smith said that he has not seen this proposal and has only dealt with city officials through the mail. He commented it is his understanding that the other two houses were both hooked under his house; and every time there is a clogged drain, it is his responsibility. City Manager Kent Myers asked if he was aware of the staff recommendation that would involve the installation of a new wastewater line and would be at his cost, in the amount of $7,025; and Mr. Smith said that he was not aware of that. Mr. Cochran said it was staff=s understanding that was the property owner=s request that the City extend the sewer line at the City=s cost. However, staff is recommending that it not be at the City=s cost but at the property owner=s cost. City Manager Kent Myers asked if Mr. Smith was ever told what the cost would be, and Mr. Smith said that he was not or that it would be at his cost. He stated that he is already hooked on and is just wanting the people off his line. Mr. Cochran explained that the two property owners share the same sewer line; and Mr. Craig Stevens, Wastewater Collection Operations Manager, has talked to the property owner about this several times. Also, he has sent letters out to the property owner saying what the City would and would not do. He noted he has communicated with the property owner in written correspondence and verbally. Director Daniel asked who the property owner is at 106 Noxon, and Mr. Smith said that he is not sure; but he is the property owner at 108 Noxon. Director Daniel said that 106 and 108 Noxon share the same line, and Mr. Smith replied that they do. He added that he was told by someone from the City that 104 Noxon was also hooked to the same line. Mr. Cochran replied that he is not aware of this and not according to Mr. Craig Stevens. Director Daniel commented that Mr. Smith needs no assistance since he is already on; but the property owner, who is unknown, at 106 Noxon is the problem. Director Smith asked if there has been any correspondence with the property owner at 106 Noxon, and Mr. Cochran said the only person he has heard from is Mr. Smith. Board of Directors Meeting 13 August 21, 2006 at 7:00 P.M.  Director Daniel suggested that staff contact the property owner at 106 Noxon and find out who owns it and what they want to do. Director Weatherford pointed out that apparently 106 Noxon is not having a problem. City Manager Kent Myers pointed out this is not a staff request but a request from Mr. Smith. He is requesting that the City do something about the problem, and the City=s recommended solution to the problem is that the line would be extended, and he would pay for it. Director Daniel suggested that the City contact the property owner at 106 Noxon since it is also to their benefit. Mr. Cochran said the City is speculating that possibly both houses were owned by the same person at one time; and instead of making a sewer tap for both houses, they decided to take the cheaper way out and tie two houses to one service line. Director Daniel recommended that the City contact the property owners at 106 and 104 Noxon to see if they would be interested in sharing the cost and getting hooked up even though they are not having a problem. He pointed out it is not fair for Mr. Smith to bear the problem. A motion was made by Director Smith, duly seconded by Director Daniel, to table this issue until the next meeting; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. 20 Proposed Resolution No. R-06-268 A resolution entitled, AA RESOLUTION CONFIRMING THE APPOINTMENTS OF LARRY DeWITT AND KIMBERLY GILLIM TO THE HOT SPRINGS ADVERTISING AND PROMOTION COMMISSION,@ was taken from the agenda and read by title only. A motion was made by Director Daniel, duly seconded by Jones, that the resolution be adopted as read. Upon discussion, Director Maruthur stated that she had this removed from the Consent Agenda because she has been called by several people; and it is her Board of Directors Meeting 14 August 21, 2006 at 7:00 P.M. understanding that two of the candidates being considered may not be eligible for the position. She stated Ms. Gillim is designated to serve as a representative of the tourist industry replacing the position now held by Director Tom Daniel. Her application states that she is an assistant manager at Magic Springs. She pointed out the state code=s enabling legislation for appointments to the Commission states the nominee must be a manager of such business entity. Also, the definition commonly used in such appointments is the term Amanager@ and is defined as meaning general manager, not assistant manager or manager of promotions, housekeeping and different examples that disqualify position titles. She asked for a comment from the City Attorney. City Attorney Brian Albright stated that he has not seen any cases that have interpreted that statute to read it had to be the general manager. However, that is not to say that Director Maruthur=s interpretation of that statute is not as she stated; but there has not been any case law to help in the interpretation of that definition. He said without any kind of guidance from the court on that issue, he would not be prepared to opine that Ms. Gillim is disqualified, and her position should be given whatever weight the Board chooses to give it in their voting to ratify this nomination. Director Daniel said that in the history of the Advertising and Promotion Commission in Hot Springs, there have been several commissioners who have been managers for different businesses. Mr. Jeff Ponder, the position that is being vacated, was the manager for Oaklawn; Mr. Aaron Gordon was the manager for the Majestic Hotel; and Mr. Michael States was the manager for the Austin Hotel. He stated the precedent has been set, and there have been several who have been on the Advertising and Promotion Commission that have been managers of businesses. He pointed out the reason for that is that sometimes the owners of the businesses do not live in Hot Springs; therefore, it takes an assistant manager or manager to be that person. However, for someone to say that a person representing Magic Springs, with the investments they have in Hot Springs, would not be qualified to serve on the Advertising and Promotion Commission, he believes is inaccurate. Director Maruthur said that she knows other managers have been appointed, and she agreed with it. However, the Board has sent recommendations back to the Advertising and Promotion Commission. She noted that one he just mentioned (Mr. Jeff Ponder), she recommended to send it back to the Advertising and Promotion Commission. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Jones, Weatherford, Edwards, Daniel, and Bush, total 5. Board of Directors Meeting 15 August 21, 2006 at 7:00 P.M.  Voting Ano@: Directors Maruthur and Smith, total 2; motion carried Whereupon the resolution was declared passed. 28 Proposed Ordinance No. O-06-68 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 107 CARPENTER DAM ROAD FROM R-2, SUBURBAN RESIDENTIAL, TO C-TR, COMMERCIAL TRANSITIONAL,@ was taken from the agenda for consideration. A motion was made by Director Jones, 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 Jones, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Mr. Ed Snider, 2400 Crawford, Arkadelphia, spoke in favor of the ordinance stating this is a request to rezone a 1.94 acre tract to C-TR from R-2, Suburban Residential. They are working in cooperation with Hillcrest Children=s Home, which has agreed to give them an easement for an additional piece of property on which he will build a garden. This garden will be in compliance with the Malvern Overlay and consistent with Garvan Gardens and will feature a path of life under the sponsorship of Hillcrest Children=s Home. There will be up to 20 garden homes on an L-shaped piece of property, and the path of life will name babies that have been born and not aborted, and Hillcrest Children=s Home will use this as a fund-raising mechanism. In addition to the housing, there will be some storage because it will be necessary to have a place for equipment to maintain the garden they are going to build with Mr. Don Beavers= assistance, as well as a retention pond, which will be about 10,000 square feet in the southwest corner. He pointed out that will not need to be rezoned because it is now residential. He added it is a low piece of land, and there is a creek that drains through it. They will build the retention pond, bridges over the creek, and design the path around the retention pond. He pointed out they are not referring to the property on Malvern Avenue and have been advised that it would be in their best interest to focus on preparing the property for future development consistent with what Mr. Beavers recommends as far as the drainage is concerned. He said their hope is to receive the City=s permission so they can begin immediately removing those houses and doing a global positioning system to allow them to present a master plan back to the Planning Commission and consistent with their regulation as to how they would develop the entire property. He stated when he talked to the Board on another Board of Directors Meeting 16 August 21, 2006 at 7:00 P.M. occasion, they were referring to 5.42 acres altogether that they are purchasing. However, with the addition of the garden, it is now 7.53 acres and will have easements from Hillcrest Children=s Home to do that additional work. He stated they are ready to go forward with the housing portion they had previously requested. Director Daniel questioned the size of this piece of property, and Mr. Snider advised that altogether, it a total of 7.53 acres; but previously, they were referring to 5.42 acres. He added their master plan will be for 7.53 acres. City Manager Kent Myers pointed out that the acreage being considered tonight is 1.94 acres. Director Daniel questioned the number of units, and Mr. Snider said there will be up to 20 units, which will be built in phases. He stated they have allowed a 50-foot easement from Carpenter Dam Road onto the property for future expansion, but there will be two entrances. One entrance will be on Piper Lane, which will be the primary entrance called Piper Gardens. The second entrance will be a gated entrance on Carpenter Dam Road. He added that people can enter either on Carpenter Dam Road or Piper Lane. However, he believes that Piper Lane will be the primary entrance. Director Daniel said he understood there will be an easement from Carpenter Dam Road of 50 feet and questioned what the highway will take, and Mr. Snider said that is their estimate (50 feet). He mentioned that he met with the Planning Director of the Highway Commission, and this week they are clearing property on Carpenter Dam Road in preparation for engineering work. He informed him that job is on the to-do list in 2007 to 2010. City Manager Kent Myers reported the City has requested this project be included because there is a traffic problem at that intersection and understands it will be included in the next three-year plan so within three years basically that road will be widened. Director Weatherford mentioned that the piece of property that is shaped like an AL@ does not match their drawing of their garden homes and garden. Mr. Snider explained they did the design of the residential before the garden was part of it. He added they are doing this piecemeal without the benefit of a global positioning system and a two-foot contour map. He said with the engineer=s guidance, they have identified an AL@shaped piece of property where all the permanent buildings will be. Board of Directors Meeting 17 August 21, 2006 at 7:00 P.M.  City Manager Kent Myers pointed out that the layout for the residential units shows a straight line development and questioned the AL@ shaped. Mr. Snider explained that will not be finalized until they see the global positioning system that gives them a two-foot contour. He said they may redesign it but have to submit it to the Planning Commission before they do anything. Director Weatherford said he did not understand how the Planning Commission could approve that AL@ shaped piece of property. Mr. Gary Threadgill, Chairman of the Planning Commission, stated that what they sent forward with a recommendation for approval was this piece of property only for C-TR. Director Weatherford questioned what is being presented on the map, and Mr. Threadgill stated it is a map of what his intentions might be, which once it is zoned, he can throw that out and put in anything that can go in a C-TR. He pointed out that the Planning Commission looked at the piece of property that is an AL@ shape, which is what he is requesting to rezone to C-TR. Acting Planning Director Lance Hudnell explained that he has to bring this back to Planning Commission for two reasons: (1) conditional use permit because everything in a C-TR is a conditional use; and (2) it is also in the Malvern Overlay District; therefore, the building design will have to come back to the Planning Commission because it is in the Malvern Overlay District. He pointed out there is a 20 percent ratio in a C-TR so he would assume they would have to consider the other three acres in with their plan in order to meet that 20 percent requirement. City Attorney Brian Albright questioned why this is being zoned to C-TR if he is wanting to build multi-family dwellings with accessory buildings (storage units). Acting Planning Director Lance Hudnell stated that one of the suggestions was R-4, but the applicant requested C-TR. City Attorney Brian Albright requested an explanation of why he is presenting a site plan that shows residential use and a park. However, he wants C-TR. Mr. Threadgill explained that the public has the option to bring forth anything they want before the Planning Commission, and that is what he requested. City Attorney Brian Albright said he would like to hear from Mr. Snider why he wants it C-TR when he says this is the use he wants. Mr. Snider said he presented this plan first to Mr. Jerry Raetz, former Planning and Development Director, and then to Mr. Rick Stauder, Assistant Planner, and Acting Planning Director Lance Hudnell and asked what he should do. They informed him he Board of Directors Meeting 18 August 21, 2006 at 7:00 P.M. can either go with R-4 or C-TR, and he said that he would take either one; and staff said it would be best to go C-TR. Acting Planning Director Lance Hudnell advised that at one time they talked more about R-4 than C-TR. He added that part of it relates to the Comprehensive Plan, which calls for this to be commercial, not C-TR, but a heavier commercial. Therefore, part of the recommendation is related to C-TR, which is not going to the full commercial that the Comprehensive Plan requires. He added they did discuss R-4 and C-TR. A motion was made by Director Daniel, duly seconded by Director Weatherford, that the ordinance be referred back to the Planning Commission; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Acting Planning Director Lance Hudnell, on behalf of the Planning Commission, questioned the purpose of returning it to the Commission. Director Daniel stated if Mr. Snider has no preference, then he believes it should be R-4. Director Daniel asked Mr. Threadgill if he would have a special meeting on Wednesday and place this item on the agenda, and Mr. Threadgill said there would be no problem. 29 Proposed Ordinance No. O-06-69 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 105 AND 107 CYPRESS STREET FROM R-4, MEDIUM/HIGH DENSITY RESIDENTIAL, TO C-TR, COMMERCIAL TRANSITIONAL,@ was taken from the agenda for consideration. A motion was made by Director Daniel, duly seconded by Director Edwards, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, Ms. Dorothy Gettings, 191 Gaucho Lane, Hot Springs, Village, stated that she recently purchased the Fros-T-Treat at 1020 East Grand; and these lots are in connection with that restaurant. She mentioned she would like to make a park for her customers. Board of Directors Meeting 19 August 21, 2006 at 7:00 P.M.  Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 30 Proposed Ordinance No. O-06-70 An ordinance entitled, AAN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY (BEL LAGO CONDOMINIUMS) TO THE CITY OF HOT SPRINGS, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF HOT SPRINGS AND ASSIGNING SAME TO DISTRICT,@ was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Edwards, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Edwards, duly seconded by Director Daniel, that the ordinance be passed as read; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 31 Proposed Ordinance No. O-06-71 An ordinance entitled, AAN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZING AN AGREEMENT WITH INFORMATION NETWORK OF ARKANSAS (INA) FOR CERTAIN INTRANET WEB-BASED PAYMENT SERVICES,@ was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Daniel, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Director Smith said that he has a concern that the customer incurs a convenience charge to use the system, three percent of the amount plus $1. Board of Directors Meeting 20 August 21, 2006 at 7:00 P.M. Deputy City Manager Lance Hudnell explained this is a program coming from INA, which they have developed for the counties of Arkansas, and this is their set fee. If the City wants to accept their services, then this is the fee they charge and is established statewide. Director Smith said that he could not see the demand for this item and pointed out that most of the banks are set up now where customers can do a direct pay on business. He questioned who will use this service, and Deputy City Manager Lance Hudnell stated there will be some for parks reservations. He added the City has had several requests to be able to do that either over the phone or in the office. He stated all of the plumbers and electricians pay by credit, and the City could switch so that they are paying by credit card. He commented there could be utility bills or any walk-in customers who desire to pay by credit card. City Manager Kent Myers stated that he receives requests from people who get parking citations, and this is easier for them to charge it on their credit card. Director Daniel asked if any of the local banking institutions offer this benefit, and Deputy City Manager Lance Hudnell replied that he is not aware of any. He added that the banks accept credit card payments, but he does not believe they provide the system that interfaces with the City=s network. Director Daniel asked if the City has checked on that, and Deputy City Manager Lance Hudnell replied that it has not because of having the existing contract with INA to do the web-based services. City Manager Kent Myers reported this is a specialized software that is available to city and county governments. Director Smith asked if all of the revenue collected goes to INA, and City Manager Kent Myers advised that is comes back to the City. Deputy City Manager Lance Hudnell added that the fee goes to INA. City Manager Kent Myers stated that the money comes back to the City (3% plus $1), which is paid by the customer. Deputy City Manager Lance Hudnell stated if it is the Board=s prerogative, staff can bid this as a separate item. Director Daniel said he would like to do business at home if at all possible; but if it is not offered, then he understands. Board of Directors Meeting 21 August 21, 2006 at 7:00 P.M.  Finance Director Dorethea Yates stated if the City uses the INA system, then it has to use their system of taking credit cards. She added that one of the large uses of credit cards for the future will be utility payments; and as the City moves toward that, it will not be the primary payment portal. She said the City will have another utility payment portal at some point that it will probably negotiate with a local bank to do. She pointed out this is a stop-gap measure at the present time for those who have to pay by credit card and gives them another option. Director Smith questioned if the bill is $50, would the City get the $50, less 3 percent, plus $1. Finance Director Dorethea Yates replied that the City will get whatever the gross amount is. Whatever the fee is, the customer will pay that on top of their bill. Director Daniel added the customer will pay $52.50, and the City will get $50. Deputy City Manager Lance Hudnell stated that in this package, there is an alert to that effect to the consumer that the total bill will be $52.50. Mayor Bush questioned the term of the agreement, and Deputy City Manager Lance Hudnell stated that it is at the City=s prerogative. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Weatherford, Edwards, Daniel, and Bush, total 6. Voting Ano@: Director Smith; motion carried. Whereupon the ordinance was declared passed. 32 Proposed Ordinance No. O-06-72 An ordinance entitled, AAN ORDINANCE ACCEPTING SPENCER CHASE COURT, ARBORGATE COURT AND CARRIAGE CREEK COURT AS PUBLIC STREETS; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Daniel, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by Director Edwards, that the ordinance be passed as read. Board of Directors Meeting 22 August 21, 2006 at 7:00 P.M.  Upon discussion, Mr. Steve Mallett, Public Works Director, reported that these streets have been inspected and found them to be within city specifications and recommend them for city maintenance. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 33 Proposed Ordinance No. O-06-73 An ordinance entitled, AAN ORDINANCE AMENDING ORDINANCE NO. 5200 BY APPROVING CERTAIN ADDITIONS TO THE UTILITIES WATER AND WASTEWATER CONSTRUCTION STANDARDS AND SPECIFICATIONS MANUAL,@ was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Edwards, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by Director Smith, that the ordinance be passed as read. Upon discussion, Mr. Don Cochran, Director of Utilities, explained it has been approximately two years since the City adopted the Utilities Construction Standards and Specifications Manual; and staff is recommending updating this document. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. OTHER BUSINESS 34 Board of Directors Items Director Edwards announced that he found four garage sale signs nailed on utility poles, which is illegal; and he will take those signs to the Police Department. Board of Directors Meeting 23 August 21, 2006 at 7:00 P.M.  Director Maruthur advised that Mr. Lee Tibler=s wife, Bonnie, passed away; and due to preexisting conditions, there are extensive medical bills. An account has been set up at the Summit Bank titled, ASandy Scott-Lee Tibler Fund,@ and the account number is 1430015980. She stated if anyone needs any further information, they may contact her or the Mid-America Museum where Mr. Tibler works. At this time, Director Maruthur addressed some comments made by Director Daniel. She stated Mr. Michael States was general manager of the Hilton, and Mr. Aaron Gordon was appointed to the Advertising and Promotion Commission because she declined after some comments were made that she felt were discriminatory. She said she decided not to take the position, and he was appointed to the Advertising and Promotion Commission because he was a Board of Director and from District No. 2. She mentioned there has been a lot of talk about why certain people have not been able to get on the Advertising and Promotion Commission. She said she has no interest in it and was elected to represent the people of the City, not just District 1. She stated her vote does not reflect the wants or needs of the Advertising and Promotion Commission unless it is to the benefit of the people that she represents, which are the people all over the City B no special interest group. She mentioned there have been comments made about the Board=s votes and the building across the street, but that is not why she is here. Director Smith reported that this past Saturday, the Quapaw Community Center held a meeting for P.H.O.E.B.E., a local organization; and there were over 100 people in attendance. This weekend, on Friday, Saturday and Sunday, the Quapaw Community Center will host the Arkansas State Chess Championship. Anyone interested may call 623-9922, and he encouraged local participation. He said they are expecting about 100 chess players from around the State. Director Weatherford stated that he will celebrate his birthday on Saturday, August 26, at the Transportation Depot from 3 p.m. to 6:30 p.m. A bag of dog food is required for admission and will be donated to Paws and Claws and to Animal Services. He stated the person who donates the largest amount of dog food will get to cut his pony tail. Director Jones reported on the Pleasant Street Neighborhood Association noting that the building in front of Bonner=s Barber Shop has been sold and is being renovated, and a lot of work is going on at the Woodman Building (National Baptist Hotel). 35 City Manager=s Report City Manager Kent Myers gave the following report: Board of Directors Meeting 24 August 21, 2006 at 7:00 P.M.  1. On the Consent Agenda, the Board approved several bids at the Airport which will allow expansion of the storage hangars. There is an extensive waiting list for these hangars and should help the Airport. The Board appointed Ray Smitherman to the Civil Service Commission; Dana Hotho to the Planning Commission; Shea Childs to the Arts Advisory Committee; and Charles Smith to the Community Development Advisory Committee. Dr. Mike McFarland donated a 1997 Dodge passenger van to the Police Department S.W.A.T. Team. 2. He read a letter from Police Chief Gary Ashcraft stating that after 32 years with the Police Department, he will be retiring, effective September 28, 2006. City Manager Kent Myers stated he has done a great job for the City and is leaving the department in good shape, which is to his credit and leadership over the years. He noted the morale is good; there are updated policies and facilities; and the vehicles are in good shape. The recruitment process will start tomorrow, and he and Human Resources Director Minnie Lenox will be meeting to review the job description and the requirements. They will be identifying a recruitment schedule and should have some information to release to the Board by the end of this week. He stated an Acting Police Chief will need to be appointed within the next several weeks. 3. The next Board Meeting will be on Tuesday, September 5, 2006, at 7 p.m., due to Labor Day being on Monday, September 4. 36 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:50 p.m., to meet again on Tuesday, September 5, 2006, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 25 August 21, 2006 at 7:00 P.M.