Board of Directors

MINUTES BOARD OF DIRECTORS MEETING OCTOBER 2, 2006, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, October 2, 2006, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Steve Birdwell, 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 Daniel, duly seconded by Director Edwards, that the agenda be approved. Upon discussion, Director Edwards requested that Item No. 22 (Proposed Ordinance No. O-06-78 Amending the Zoning Code by Rezoning 114 Leonard Street from R-3, Low Density Residential, to R-4, Medium/High Density Residential) be moved to the last item under New Business. Mayor Bush then called for a vote on the motion to approve the agenda, as amended; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of September 18, 2006 Board Meeting A motion was made by Director Edwards, duly seconded by Director Maruthur, that the minutes of the September 18, 2006 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests  Mayor Bush recognized Mr. Steve Trusty, representing the Garland County Leadership Prayer Breakfast Committee, who stated they are hosting the 17th Annual Leadership Prayer Breakfast at the Hot Springs Civic and Convention Center on Tuesday, October 10, at 6:20 a.m. The speaker this year will be Hall of Fame Jockey Pat Day. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (September 20, 2006). 6 Budget Transfer - Kimery Park Restroom ($6,500). 7 Proposed Resolution No. R-06-301 Accepting Certain Bid Awards (a) Compost Material Grinding Services - Utilities [annual supply contract awarded to GWG Wood Group, Inc.]; (b) Chlorination Equipment - Utilities [awarded to BT Environmental in the amount of $20,423]; (c) Pump - Utilities [awarded to Jack Tyler Engineering in the amount of $28,824.58]; (d) Sale Surplus Sanitation Equipment - Sanitation [awarded to Garland County in the amount of $80,000 and Dixie Surplus in the amount of $21,685]; (e) Tires - Various Departments and Intracity Transit [awarded to Firestone and The Retread Shop]. 8 Proposed Resolution No. RB06-302 Accepting a Grant from the State Aeronautics Commission for Hangar Construction, Phase I, at the Airport. 9 Proposed Resolution No. R-06-303 Accepting a Grant from the State Aeronautics Commission for Hangar Construction, Phase II, at the Airport. 10 Proposed Resolution No. R-06-304 Accepting a Grant from the State Aeronautics Commission for Hangar Construction, Phase III, at the Airport. 11 Proposed Resolution No. R-06-305 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Bridge Bay Condominiums Located at 115-117 Lookout Point. Board of Directors Meeting 2 October 2, 2006 at 7:00 P.M. 12 Proposed Resolution No. R-06-306 Awarding a Contract to Heller Construction for Beverly Hills Wastewater Lift Station Improvements. 13 Proposed Resolution No. R-06-307 Awarding Contracts to Andritz-Ruth, Kruger, and Trojan Tech for Wastewater Treatment Equipment for the Southwest Wastewater Treatment Plant. 14 Proposed Resolution No. R-06-308 Authorizing an Agreement with the Southwest Central Regional Solid Waste Management District for the Operation of a Recycling Center. 15 Proposed Resolution No. R-06-309 Fixing a Time and Date for a Hearing on a Petition to Vacate, Abandon and Close a Portion of an Unnamed Alley Located in Block 16 of Morrison and Belding Subdivision. 16 Proposed Resolution No. R-06-310 Fixing a Time and Date for a Hearing on a Petition to Vacate, Abandon and Close All of an Unopened Street Located in Greenland Hills Subdivision. 17 Proposed Resolution No. R0-06-311 Fixing a Time and Date for a Hearing on a Petition to Vacate, Abandon and Close All of Two Unnamed Alleys Located in South Hot Springs Addition. 18 Proposed Resolution No. R-06-312 Accepting a Grant from the USDA Agricultural Marketing Service Farmers= Market Promotion Program for the Historic Downtown Farmers= Market. A motion was made by Director Daniel, duly seconded by Director Maruthur, that the Consent Agenda be approved. Upon discussion, Director Edwards questioned Item No.7d (bid award for sale of surplus Sanitation equipment), pointing out the City has been selling most of that equipment on E-bay and asked if this piece of equipment could not be sold on E-bay. Board of Directors Meeting 3 October 2, 2006 at 7:00 P.M.  Mr. Bill Burrough, Sanitation Director, advised this equipment could have been sold on E-bay; but this type of equipment usually has a certain market that is typically not found on E-bay. Therefore, he chose to follow the procedure of sealed bids, which were sent out to equipment companies in several states. He added that the City will receive more for the dollar by going on sealed bid versus E-bay. Mayor Bush then called for a vote on the motion to approve the Consent Agenda; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Mayor Bush announced that the next item will be No. 33. 33 Proposed Resolution No. R-06-313 A resolution entitled, AA RESOLUTION ACKNOWLEDGING THE REVIEW OF THE 2006 FIREWISE COMMUNITY WILDFIRE PROTECTION PLAN,@ was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director Weatherford, that the resolution be adopted as read. Upon discussion, Mr. Nate Schanlaber, Fire Marshall, stated the Fire Department is in the final stages of the Firewise Program. One of the final stages for the City to get certified as a firewise community is to have a presentation by Mr. Kelly Hurt, consultant for Firewise, who works through the Arkansas State Forestry Commission. Members of the Firewise Board are Mr. James Ingram, representing District 2; Mr. Ben O=Neal, representing District 5; Mr. Steve Freeman, representing District 3; Director Peggy Maruthur, representing District 1; Mr. Ted Smethers representing District 6; and Mr. Mark Shuffield. He expressed appreciation to the National Park Service, which assisted the City in getting certified, as well as the Arkansas State Forestry Commission. Mr. Kelly Hurt was recognized stating with the help of the Fire Department, they selected those houses that are in the Wildland Urban Interface, which is an area where there are larger tracts of forest that come in contact with development. These are the areas off West Mountain where the first homes are most at risk if there were to be a large fire. Through a grant with the Arkansas Forestry Commission, they did curbside assessments and looked at the homes to see which ones were at high, moderate or low risk. They took that data and gave to the Hot Springs Firewise Board an itemized spreadsheet with the address of each home, all the different ranking factors, and then a Board of Directors Meeting 4 October 2, 2006 at 7:00 P.M. final score. They also went to the Tax Assessor=s Office and reviewed all the tax assessment data. They gave to the Firewise Board a method where they can go through and look at those high-risk homes. They can determine what caused them to be high risk, and now they can contact those people, alert them to the fact that their homes were found to be at high risk, and what action can be taken to reduce those risks. Normally, there are a few large factors: (1) a large amount of vegetation; (2) how close the vegetation is to the individual home; and (3) how high the vegetation is off the ground and whether the fire can get into the top of the trees and set the roofs on fire. He also noted they found some defensible space; and many of the homes, even though they had trees and shrubbery, there was enough space between that vegetation and the homes that many homes were moderate or low risk. Mr. Hurt stated they were going to reach out to those people with the high risk homes, which is the No. 1 priority. The second priority is to corroborate with the National Park Service to make sure the Fire Department, Firewise Board, and the National Park Service were working together to manage this fuel load between the National Park Service, the United States federal lands and the City proper. The other issue was to improve signage in a few places that they noted and to look at distributing informational packages. At this point, they are possibly going to talk to the Arkansas Forestry Commission in the future. Now that Hot Springs is going to be a certified firewise city, it can ask the Arkansas Forestry Commission and the Arkansas Firewise Program for additional grant monies to continue on this program. The intent is that the Firewise Board can continue to self-sustain, do outreach in education to the community, and go back to Arkansas Forestry Commission and seek any kind of technical help, and also any kind of grant funding with the data that has been given to them. Director Smith expressed using the term Ahigh risk,@ pointing out in District 3, on the mountain side of Prospect, it abuts the National Park and has been that way for many years. He questioned if they are labeling all those homes as high risk. Mr. Hurt replied not all of them will be, but there are some residences that need to be reviewed. He explained there are some simple precautions people can take if they know they may be at elevated risk. He stated they use Ahigh risk@ term because that is the ranking of the Firewise Program. Director Smith said he has a home on the north side of Prospect and does a good job in cleaning his backyard. However, he abuts up to the National Park; and there might be a lot of trees or foliage on the National Park side that abut to the back of his property. He asked if the National Park is going to take any action to protect the houses on the north side of Prospect; and Mr. Hurt advised when they spoke to them, they were willing to Board of Directors Meeting 5 October 2, 2006 at 7:00 P.M. work with the City and the Firewise Board to mitigate those fuel issues. He added if there is an issue where people have done the best they can with their lots and cannot go any further, then it is set up with the Firewise Board and City Fire Marshall where they can contact them and work together on that cooperatively. Director Smith asked if his recommendation was a buffer between the property lines. Mr. Hurt said he believes there will be instances where buffers will be needed on the National Park Service lands. Director Smith requested a copy of all the houses, at least in District 3 on Prospect, that have been noticed. Mr. Hurt advised that the Fire Marshall has a complete listing of those, as well as the maps and reports in electronic format. Director Maruthur said she serves on the Firewise Board, and this is an educational program. She reported the Firewise Board assessed all of the areas and has very specific recommendations as to what people can do. She stated they showed a power point presentation of fires that went around homes and to next the home because these people took certain precautions. Mr. Hurt said there are a few simple precautions that can be taken: (1) make sure that leaves and pine needles are removed from roofs and gutters. Flying embers can set those materials on fire and then set the roof on fire; (2) have a setback around the home; (3) do not have flammable materials, including firewood or any other kind of flammable vegetation, next to a home where the fire can run along the ground and up the side; (4) also, people need to remove ladder fuels, which are fuels that go from the grass to shrubs to somewhat taller trees. If there are low, hanging limbs, the grass can set those small shrubs on fire; those small shrubs set the small trees on fire; and the small trees catch the larger trees on fire, which are called crown fires, and are seen in California. He said that is not expected as a high-risk possibility here, but people can take precautions and trim up some of those lower limbs and trim back some of the different shrubs that are growing around. Mayor Bush then called for a vote on the motion to adopt the resolution; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. PUBLIC HEARINGS Board of Directors Meeting 6 October 2, 2006 at 7:00 P.M. 19 Public Haring on a Petition to Vacate Certain Streets Located Within the Hot Springs National Park (Block 37, Hot Springs Reservation) This being the time and date set for a public hearing on a petition to vacate certain streets located within the Hot Springs National Park (Block 37, Hot Springs Reservation), Mayor Bush declared the public hearing open. There being no comments, Mayor Bush declared the public hearing closed. 20 Public Hearing on a Petition to Vacate a Portion of Certain Street Rights-of-Way Located Adjacent to the Hot Springs National Park (Reserve and Fountain Streets) This being the time and date set for a public hearing on a petition to vacate a portion of certain street rights-of-way located adjacent to the Hot Springs National Park (Reserve and Fountain Streets), Mayor Bush declared the public hearing open. There being no comments, Mayor Bush declared the public hearing closed. NEW BUSINESS 21 Proposed Ordinance No. O-06-77 An ordinance entitled, AAN ORDINANCE VACATING CERTAIN STREETS LOCATED WITHIN HOT SPRING NATIONAL PARK (BLOCK 37, HOT SPRINGS RESERVATION),@ was taken from the agenda for consideration. A motion was made by Director Edwards, 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 Maruthur, 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. Board of Directors Meeting 7 October 2, 2006 at 7:00 P.M. 22 Proposed Ordinance No. O-06-78 Amending the Zoning Code by Rezoning 114 Leonard Street from R-3, Low Density Residential, to R-4, Medium/High Density Residential. (Moved to last Item Under New Business) 23 Proposed Ordinance No. O-06-79 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING CERTAIN PROPERTY LOCATED AT SECTION LINE ROAD AND ABBOTT PLACE FROM PD, PLANNED DEVELOPMENT DISTRICT, TO C-3, OFFICE/NEIGHBORHOOD COMMERCIAL DISTRICT, @ 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 Daniel, duly seconded by Director Weatherford, 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. 24 Proposed Ordinance No. O-06-80 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 406 WADE STREET FROM R-4, MEDIUM/HIGH DENSITY RESIDENTIAL, TO C-3, OFFICE/NEIGHBORHOOD COMMERCIAL DISTRICT,@ 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 Jones, duly seconded by Director Edwards, 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. Board of Directors Meeting 8 October 2, 2006 at 7:00 P.M. 25 Proposed Ordinance No. O-06-81 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING TO ALLOW MANUFACTURED HOME OVERLAY DISTRICT IN R-2, SUBURBAN RESIDENTIAL, AT 1404 CONES ROAD, 201 EASTMAN TRAIL AND 225 EASTMAN TRAIL,@ 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 Jones, 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. 26 Proposed Ordinance No. O-06-82 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 854 THIRD STREET, FROM C-TR, COMMERCIAL TRANSITIONAL, TO C-2, GENERAL BUSINESS 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 Weatherford, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Mr. Jerry Way, 750 Bayshore Lane, was recognized stating that in April, Code Compliance looked at the building at 854 Third Street and informed him he needed to repair or raze the building. He said he decided to tear it down and put in a mini-storage facility. He appeared before the Planning Commission and submitted a proposal that had the number of units, the square footage, etc. At that time, the Planning Commission had recommended that he request a C-TR zoning. On May 11, the C-TR was approved by the Planning Commission and approved by the Board of Directors on Board of Directors Meeting 9 October 2, 2006 at 7:00 P.M. May 22. He said he had to return to the Planning Commission to get a Conditional Use Permit and paid the $75, plus the $175; and it was approved on July 13. He pointed out there have been no objections from anyone in the area. On June 30, he talked to an engineer who did the site elevation and site plan. He added that Planning also wanted a survey. After he was approved, he turned it over to an architect. He then returned to the Planning Commission to get a code compliance book, and the architect informed him the next day there was a small paragraph under C-TR, where he can only develop 20 percent of that property. He returned to the Planning Commission, and they apologized, stating they had made a mistake and recommended the wrong zone. He then submitted another application, but the fee was waived. He returned to the Planning Commission last month, and they approved C-2. He said that he is requesting a C-2 zoning so he can utilize all of that property, not just 20 percent of the property, and urged the Board to pass the ordinance. 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. 27 Proposed Ordinance No. O-06-83 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 106, 108, 112/114 CHESSWOOD PLACE FROM C-4, REGIONAL COMMERCIAL/OPEN DISPLAY, TO R-4, MEDIUM/HIGH RESIDENTIAL,@ was taken from the agenda for consideration. A motion was made by Director Weatherford, 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 Weatherford, duly seconded by Director Edwards, 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. 28 Proposed Ordinance No. O-06-84 Board of Directors Meeting 10 October 2, 2006 at 7:00 P.M.  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 R-4, MEDIUM/HIGH DENSITY RESIDENTIAL,@ 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 Edwards, duly seconded by Director Jones, 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. 29 Proposed Ordinance No. O-06-85 An ordinance entitled, AAN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE EXCHANGE OF CERTAIN REAL PROPERTY; AND OTHER FOR PURPOSES,@ was taken from the agenda for consideration.(Mellard and Belding Subdivision) A motion was made by Director Edwards, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Daniel, duly seconded by Director Weatherford, that the ordinance be passed as read. Upon discussion, City Attorney Brian Albright explained this is to correct a problem that occurred years ago in a legal description. There was some property that came from the Teague Estate, and the City was deeded the wrong two lots. He stated the Pulley=s were deeded the lots that the City was to receive, and this is an effort to correct that issue by exchanging the lots with the Pulley=s. 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, Board of Directors Meeting 11 October 2, 2006 at 7:00 P.M. and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 30 Proposed Ordinance No. O-06-86 An ordinance entitled, AAN ORDINANCE PERMITTING CERTAIN PORTABLE OR TEMPORARY SIGNS UPON THE SIDEWALKS WITHIN CENTRAL BUSINESS IMPROVEMENT DISTRICT NOS. 2 AND 3 AND THE CENTRAL AVENUE HISTORIC DISTRICT AND PROHIBITING ALL SUCH OTHER SIGNS,@ 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 Daniel, duly seconded by Director Jones, that the ordinance be passed as read; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Edwards, Daniel, and Bush, total 5. Voting Ano@: Directors Weatherford and Smith, total 2; motion carried. Whereupon the ordinance was declared passed. 31 Proposed Ordinance No. O-06-87 An ordinance entitled, AAN ORDINANCE REGULATING SIDEWALK SOLICITATIONS WITHIN THE CITY OF HOT SPRINGS, ARKANSAS,@ was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Edwards that the ordinance be passed as read. There being no second to the motion to adopt, the motion died for lack of a second. Therefore, the ordinance was declared failed. 32 Proposed Ordinance No. O-06-88 An ordinance entitled, AAN ORDINANCE PROHIBITING THE ISSUANCE OF ANY PERMIT, LICENSE OR MUNICIPAL UTILITY SERVICE TO ANY PERSON, FIRM OR Board of Directors Meeting 12 October 2, 2006 at 7:00 P.M. CORPORATION WHO IS INDEBTED TO THE CITY OF HOT SPRINGS, ARKANSAS,@ was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ Upon discussion, Director Smith questioned how the City plans to regulate this ordinance; and City Manager Kent Myers explained that currently there is a database; but those are going to be improved to where the court can cross-check that to various departments and accounts. Finance Director Dorethea Yates stated the majority of the accounts will be utility accounts; and when the City converts over to its software, which will be the middle of October, then the database will be out there and will be a matter of providing people security access and inquire on those accounts. Mayor Bush then called for a vote on the motion to adopt; and upon motion of Director Smith, duly seconded by Director Maruthur, 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. 22 Proposed Ordinance No. O-06-78 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 114 LEONARD STREET FROM R-3, LOW DENSITY RESIDENTIAL, TO R-4, MEDIUM/HIGH DENSITY RESIDENTIAL,@ was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Edwards, duly seconded by Director Smith, that the ordinance be passed as read. Board of Directors Meeting 13 October 2, 2006 at 7:00 P.M.  Upon discussion, Director Weatherford questioned the ordinance, and Mr. Gary Threadgill, Chairman of the Planning Commission, explained they are rezoning from a low density to a medium density, so there is a little less building restrictions. 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. Director Edwards recognized Ms. Stringfellow, who was in support of the rezoning, and said he tried to contact her and inform her that she did not need to be present tonight. OTHER BUSINESS 34 Board of Directors Items Director Maruthur announced that on Thursday, September 28, the City closed down the Budget Inn on Park Avenue, which was done under the Nuisance Abatement Ordinance. A summons was given to a motel owner and a Complaint for Injunctive Release and an Order of Abatement was presented and signed by the Circuit Court. The motel owner was told in November 2005 that there were 157 code violations. About 30 days before the motel was actually shut down, the motel owner was called to the Police Department and told that the number of complaints had increased; and the code violations had increased to 172 violations. He was also informed that his business was going to be shut down. She stated the Park Avenue Community Association and the neighborhood would like to thank the efforts of City Attorney Brian Albright; Nuisance Abatement Officers Billy Hrvatin and Lee Belasco; the Hot Springs Police Department; and the Circuit Clerk for their work. She said they documented everything that was required, notified the owner and then acted on the ordinance. She expressed appreciation to the Jackson House for helping relocate and providing food for those in need. She reported as a result of this action, some citizens donated money. If anyone needs relocation, they may call the Jackson House at 623-4048. It is also her understanding that the Police Department did a good job relocating some people. She stressed that the motel owner knew close to 30 days in advance this was going to happen, and he should have notified those from whom he was collecting the rent and helped them out. Director Edwards commented that several homes behind the race track need rehabilitation, and this will help that situation for those who cannot afford it. Board of Directors Meeting 14 October 2, 2006 at 7:00 P.M. 35 City Manager=s Report City Manager Kent Myers gave the following report: 1. Tomorrow at noon, there will be a video demonstration on a new video streaming project the City is considering adding to its website. A contract to approve this will be considered at the next Board Meeting. 2. Next Monday, there will be a joint work session between the Board, the Planning Commission and the Board of Zoning Adjustment. There are several items suggested for the agenda; but if the Directors have any additional items, they need to let him know tonight or tomorrow since the packet will be distributed on Wednesday. 36 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 7:50 p.m., to meet again on Monday, October 16, 2006, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 15 October 2, 2006 at 7:00 P.M.