Board of Directors

MINUTES BOARD OF DIRECTORS MEETING JANUARY 22, 2007, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, January 22, 2007, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Dusty Diggs, 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, and Mike Bush, total 6. Absent: Director Tom Daniel. 2 Approval of Agenda A motion was made by Director Edwards, duly seconded by Director Smith, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of January 8, 2007 Board Meeting A motion was made by Director Edwards, duly seconded by Director Maruthur, that the minutes of the January 8, 2007 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 (January 10, 2007). 6 Proposed Resolution No. R-07-10 Approving Certain Bid Awards (a) Float Switches - Utilities [annual supply contract awarded to Instrument and Supply]; (b) Plumbing Services - Public Works [annual supply contract - reject and rebid]; (c) Fuses - Utilities [annual supply contract awarded to Treadway Electric]; (d) Vehicle Towing/Flat Changing - Fleet Service [annual supply contract awarded to Glen Ray=s Towing and Recovery] (Removed from Consent Agenda for separate consideration); (e) Brass Fittings - Utilities [annual supply contract - reject and rebid]; (f) Van - Parks [awarded to Bale Chevrolet in the amount of $13,631.28]; (g) Vehicle - Street [awarded to Landers Ford in the amount of $15,892.70]; and (h) Vehicle - Fleet Service (pool vehicle) [awarded to Landers in the amount of $13,900.10]. 7 Proposed Resolution No. RB07-11 Awarding a Contract for Engineering Services for Advertising and Purchasing of an Air Rescue and Firefighting Vehicle to Delta Airport Consultants, Inc. 8 Proposed Resolution No. R-07-12 Awarding a Contract for Engineering Services for the Asphalt Overlay of Runways 13/31 and Edge Light Replacement to Delta Airport Consultants, Inc. 9 Proposed Resolution No. R-07-13 Accepting a Grant from the Arkansas Department of Parks and Tourism Outdoor Recreation Grant Program for Entergy Park and Kimery Park (Disabled Accessibility and Capital Improvements). 10 Proposed Resolution No. R-07-14 Waiving the Field Use Fees for the Hot Springs Senior Softball Association Tournament to be Held at Kimery Park on May 3, Through May 6, 2007. 11 Proposed Resolution No. R-07-15 Awarding a Contract to Douglas Arnold and Associates for Architectural Services Related to the Farmers= Market Project. Board of Directors Meeting 2 January 22, 2007 at 7:00 P.M. 12 Proposed Resolution No. R-07-16 Approving Addendum No. 1 to an Agreement for Certain Engineering Services with Carter and Burgess Engineering Related to the Planning and Design of Utility Relocation for the Higdon Ferry Road Improvement. A motion was made by Director Jones, duly seconded by Director Maruthur, that the Consent Agenda be approved. Upon discussion, Director Weatherford requested that Item No. 6d (bid award for vehicle towing and flat changing) 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, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. NEW BUSINESS 6d Bid Award for Vehicle Towing/Flat Changing A motion was made by Director Jones, duly seconded by Director Weatherford, that the bid award for vehicle towing/flat changing be approved. Upon discussion, Director Weatherford stated an individual had asked for clarification on this bid item questioning if it was for city vehicles or a towing contract. Deputy City Manager Lance Hudnell explained this is when Fleet Service has a bus or sanitation truck breakdown. Mayor Bush then called for a vote on the motion to approve the bid award for towing/flat changing; and upon voice vote, the motion unanimously carried. 13 Request from Rita Smith and Merchants to Reconsider Ordinance No. 5517 (Granting a Franchise to Jeanne Masot, d.b.a. Hot Dogs Will Travel) Mayor Bush called for a motion to consider the request from Rita Smith and merchants to reconsider Ordinance No. 5517 (granting a franchise to Jeanne Masot, d.b.a. Hot Dogs Will Travel). There being no motion to consider, Director Weatherford Board of Directors Meeting 3 January 22, 2007 at 7:00 P.M. made a motion to table this item until Director Daniel can be present to be part of the discussion. Director Maruthur stated that she did not believe that the Board can table this or take any action. She noted that according to the Board Action Request Form, when a proposition has been won or lost, any member of the prevailing side may on the same day move for a reconsideration. If the motion to reconsider is again defeated, a second motion to reconsider may not be made (debatable) (2/3 quorum). She stressed that the rules state the reconsideration can only be brought up after a member of the prevailing side on the same day decides to put it up for a vote to the Board that day, but they do not qualify under that since it has to be someone who is on the prevailing side. City Attorney Brian Albright advised that the section Director Maruthur is reading from states that once adopted or defeated, a proposition may not again be considered at a subsequent Board Meeting as new business or otherwise for at least 180 days from the date of adoption or defeat unless a motion to place the proposition on the agenda is approved. At the agenda meeting, he pointed out this issue could only come to the Board if it were sponsored by a Board Member. At that point, there would need to be a motion and second to consider and then the issue would have to receive a 2/3 quorum, which tonight would be four out of six votes in order to place it on the agenda. Director Maruthur pointed out that it has to be sponsored by a Board Member that was on the prevailing side. City Attorney Brian Albright said it was his understanding that Director Weatherford sponsored it at the agenda meeting. Director Maruthur stated at the agenda meeting, Director Weatherford was in favor of bringing this up. City Attorney Brian Albright said that was correct, and it was placed on the paper agenda. He pointed out the Board could not vote at the agenda meeting on the 2/3 reconsideration, but Director Weatherford asked that it be placed on the paper agenda. He stated if the Board does not want to consider it, then it does not have to give it 2/3 vote. Mayor Bush then called for a second on the motion to table. There being no second to the motion, the motion failed for lack of a second. Therefore, no action was taken on this item. 14 Proposed Ordinance No. O-07-7 (An Ordinance Repealing Ordinance No. 5517 of 2007 Granting a Franchise to Jeanne Masot, d.b.a. Hot Dogs Will Travel). Board of Directors Meeting 4 January 22, 2007 at 7:00 P.M.  No action was taken on this item since Item No. 13 failed for lack of a second. 15 Proposed Resolution No. R-07-17 A resolution entitled, AA RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY EMERGENCY DWELLING UNIT AT 908 RECTOR PURSUANT TO ORDINANCE NO. 4948,@ was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, stated this is a request by the property owner, Ms. Beverly Costello, who would like to extend approval to reside in an emergency temporary dwelling at 908 Rector Street. Ms. Costello purchased this property after a fire damaged the dwelling and received approval from the Board on June 19, 2006, to occupy a motor home at this location. According to the Code, an extension beyond six months must be approved by the Board. Ms. Sellman stated the applicant obtained a building permit in June and also an electrical permit, but there have been no inspections called for on the building permit. Therefore, the building permit is considered null and void at this time. She reported that staff recommends denial because of the lack of progress. Mr. Ron Kercher, 908 Rector, was recognized stating there have been several personal incidents which have occurred; and he is asking for more time on this project. 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, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously failed. Whereupon the resolution was declared failed. 16 Proposed Resolution No. R-07-18 A resolution entitled, AA RESOLUTION ADOPTING A FACILITY USE POLICY FOR THE EXCHANGE STREET PARKING PLAZA; AND REPEALING CERTAIN RESOLUTIONS,@ was taken from the agenda and read by title only. Board of Directors Meeting 5 January 22, 2007 at 7:00 P.M.  A motion was made by Director Edwards, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, Mr. Steve Mallett, Public Works Director, advised that the current policy includes language regarding the automated parking collection equipment, which is no longer used. Based on the fact that the City no longer uses that equipment and would like to return to charging in parts of the parking deck, the proposal is to install parking meters on the first two floors of the parking deck and leave the third floor as open parking. The rate will be $.50 per hour, and there will be 162 meters installed in the parking deck, which will offset some of the costs for operation. Mayor Bush questioned when he expected all of the parking meters to be installed at the parking deck, and Mr. Mallett replied that approximately 120 of them will be relocated from less productive areas within the City. Therefore, the City will actually be relocating around 120 meters and installing 40 that are in stock within the next couple of months. Director Maruthur said she received a call today inquiring about the automated parking collection equipment. Mr. Mallett advised that some of it is in storage at the Traffic Center, and the other part is at the parking deck. He said the plans are to sell it. Director Edwards questioned the funds received from the Hill Wheatley Plaza in a month, and Mr. Mallett said it has the highest producing parking meters and brings in $16,000 a year. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Jones, Smith, Weatherford, Edwards, and Bush, total 5. Voting Ano@: Director Maruthur. Absent and not voting: Director Daniel; motion carried. Whereupon the resolution was declared adopted. 17 Proposed Ordinance No. O-07-8 An ordinance entitled, AAN ORDINANCE AMENDING ORDINANCE NO. 4656 BY REVISING PARKING METER RATES,@ was taken from the agenda for consideration. A motion was made by Director Smith, duly seconded by Director Edwards, that the rules be suspended and the ordinance be read for the first time by title only; and Board of Directors Meeting 6 January 22, 2007 at 7:00 P.M. 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 Edwards questioned if the City is increasing the rates on the parking meters; and City Manager Kent Myers advised that it is increasing from $.25 per hour to $.50 per hour. He added that the short-term parking meters are increasing, but the long-term parking meters are staying the same. Director Maruthur commented she is not in favor of this and revenue is down now because no one is using the meters. She stated she cannot see raising the price and expecting people to increase the use of it. Also, she believes it will prevent people from coming downtown, and she does not think it is visitor or tourist friendly. She mentioned that she has received several phone calls regarding this matter. Mr. Steve Mallett, Public Works Director, explained the parking meter rates noting that the parking meter rate shall be $.25 per hour for meters with a time limit greater than eight hours and $.50 per hour for meters with a time limit of eight hours or less. He stated 60 meters will be at long-term rates, and the other 470 will be at the short-term rate, which will include all of the parking meters that will be installed in the parking deck. He advised that the City will also establish a discount for prepaid parking; and individuals can get a parking key from the Finance Department at a 20 percent discount. He noted this resolution will keep the ten-hour parking rates the same. He advised this is the first year the City has operated this fund at a deficit ($8,000 or $9,000). Director Maruthur said if the City is going to have the meters, she is in favor of people pre-paying and using the key. She mentioned she would like to see the street to the parking deck opened to one-way traffic going up and then coming down, which would increase the usage of the parking deck. However, she did not believe the City should have the meters. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Jones, Smith, Weatherford, Edwards, and Bush, total 5. Voting Ano@: Director Maruthur. Absent and not voting: Director Daniel; motion carried. Whereupon the ordinance was declared passed. 18 Proposed Resolution No. R-07-19 Board of Directors Meeting 7 January 22, 2007 at 7:00 P.M.  A resolution entitled, AA RESOLUTION AMENDING THE 1997 COMPREHENSIVE PLAN FUTURE LAND USE MAP BY RECLASSIFYING CERTAIN REAL PROPERTY (431 LAKE HAMILTON DRIVE),@ was taken from the agenda and read by title only. A motion was made by Director Weatherford, duly seconded by Director Edwards, that the resolution be adopted as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, advised this is a request from the applicant, Rich Smith Holdings, to amend the future land use map from Residential Suburban classification to Residential Medium/High on 4.3 acres located at 431 Lake Hamilton Drive. She stated this property was approved today by the County Judge for annexation to the City, and a site plan was approved sometime ago for The Peaks (48-unit apartment community at approximately 10 units per acre). The Planning Commission and staff recommend approval to reclassify the land at the west end of the 400 block of Lake Hamilton Drive from Residential Suburban to Residential Medium/High on the future land use map. Mr. Jim West, 456 Lake Hamilton Drive, said the property owners in the area have always been opposed to using this property for high density apartment living because they do not have the fire protection there. Also, their streets are not designed for the high use that this apartment project will create. He noted their streets are already damaged from the use of heavy equipment. Also, there is a health hazard from the smoke due to the burning timber. He mentioned the original charter for that land, which goes back over 100 years, was to be used for single-family dwellings. He said they are not opposed to the development of the property but think it should be developed for single-family use and not multi-family dwellings. Ms. Dena Bradshaw, 408 Lake Hamilton Drive, said the residents are concerned that they bought and paid for the sewer line and paid on it for ten years. She questioned how annexation would affect their sewer rates; and City Manager Kent Myers explained if she would like to be annexed into the City, she would qualify for the same in-city rate. Ms. Bradshaw pointed out they promised to widen the road and would fix a turn-around for school buses. However, when this last proposal came up, it was not mentioned. She stated every time the representatives of the project have spoken, they have mentioned school buses traveling up and down Lake Hamilton Drive; but the residents do not have school children. She said there is one school bus that goes down Lake Hamilton Drive in the morning and one in the afternoon, but she has lived there 30 years and never seen them pick up a child. She added that she Board of Directors Meeting 8 January 22, 2007 at 7:00 P.M. understands the building has slacked off, and there are many vacant apartments in the County and City. Mr. Brian Reis, attorney representing Rich Smith Holding and The Peaks that own the two pieces of property, reviewed the history of this project. He stated this is in two tracts - one is about 15 acres and other is about 4 acres. The City approved the site plan for the four-acre tract and as a part of that, his clients made certain commitments to the City, which included the fact that they would annex the entire tract. They went to the County and filed a petition to annex both The Peaks property and the property in between. This morning the County Judge granted that and pursuant to their understanding of what the City wanted of them, now their property is coming into the City. Also, they understood the appropriate way to approach bringing this property into the City was to ask that the zoning map be changed for the 15-acre tract and the 4-acre tract. The Planning Commission said because the Board has approved the site plan for the 4 acres, it will approve the four acres; but because it has not yet been presented to the City, the Commission is going to deny the request for the 15 acres. He requested that the Board follow the recommendation of the Planning Commission with respect to the four-acre tract but disregard the Planning Commission=s recommendation with respect to the 15-acre tract. He said this would mean they would bring their property into the City and then would be able to develop it multi-family, which is only logical with the Mall property to the west and an approved site plan to the east, and then there a space in between, which is today County property. Second, he stated they cannot do this piecemeal because the annexation provisions that allow them to come into the City require that they be contiguous. He commented his clients= only choice at this point is to withdraw their petition altogether because they cannot get that four-acre piece annexed because it is not contiguous or in good faith with the City annex the entire 15 acres and come back to the Board again. He pointed out they cannot piecemeal it because of the law; and he asked with respect to the four acres, the City follow the recommendation and with respect to the 15 acres that the City not follow the recommendation but instead amend the map. City Attorney Brian Albright commented that the resolution before the Board is for the 4.3 acres and asked if he is requesting the Board to amend this resolution to include the other 14 plus acres to be consistent with the annexation that was approved today, and Mr. Reis said that he was. Director Weatherford asked Ms. Kathy Sellman, Planning and Development Director, if she recommended this; and Ms. Sellman said that is one way to handle it. She added the Code specifically sets out how to deal with annexing properties. If the Board chooses not to amend it tonight, it will go to the Planning Commission next month. In any case, a request to recommend initial zoning for the four acres will go to the Board of Directors Meeting 9 January 22, 2007 at 7:00 P.M. Planning Commission next month. In addition, the larger piece to the west will be an item on the Planning Commission agenda, both for a comprehensive plan revision once again because of the section in the Code regarding annexing properties and also for initial zoning recommendation at that time. She said should the Board choose not to amend it tonight, it would appear there would be another opportunity after the next Planning Commission meeting. She stated she has never considered an amendment as an approach. City Attorney Brian Albright advised that the Board can amend the resolution to include the entire parcel. However, in regard to the annexation, Mr. Reis is correct that even under state law, there is a 30-day period after the granting of the petition by the County Court for there to be challenges or other remedies that are available in Circuit Court. He said he believes that could include the withdrawal of the petition by the applicant itself; and if that is the case, then there would be a 4.3 parcel of property that the City approved a site plan for comprising of a 48-unit apartment community that is going to happen regardless. He noted that has already been done without the benefit of annexation. Mr. Gary Threadgill, 111 Mason, stated when this was considered by the Planning Commission, one of they reasons they pulled the other part of the property off was they had no problem with the annexation. However, if it goes to the medium/high density rating, then the project can automatically come in and start building apartments. If it comes in for annexation the way the Planning Commission had it, it will come in as R-1; and then if there are any changes, the applicants will have to bring in diagrams, drawings, etc. and ask the Planning Commission for rezoning. He noted the Planning Commission has some control on what is placed into the rest of the neighborhood. He pointed out the residents have already shown opposition with the 48 units, and that is just 4 acres out of the 14 acres. He stated the applicant could build more apartments in that area. Mayor Bush asked what he would recommend, and Mr. Threadgill said he would suggest the Board approve the resolution the way it was presented to the Board and not approve the second portion that the Planning Commission denied. By that action, it will have to come back to the Planning Commission again for rezoning and have some type of idea on what they will build in that area. City Attorney Brian Albright asked if it will not have to come back to the Planning Commission for rezoning regardless, and Mr. Threadgill said that it will. Ms. Kathy Sellman, Planning and Development Director, advised that the Code is very specific and provides various ways to zone newly annexed properties depending Board of Directors Meeting 10 January 22, 2007 at 7:00 P.M. on the method by which the land comes into the City. She pointed out this is a voluntary annexation; and in that case, the Code prescribes that the Planning Commission must hold a public hearing in the 30-day protest period. During that time at the hearing, make a determination as to whether the Comprehensive Plan/ Future Land Use Map classification is appropriate given the conditions surrounding the area and also other trends in development in that area. She stated it also provides that the Planning Commission shall make a recommendation as to the zoning, which will be forwarded to the Board for its final decision. However, should the Board decide not to accept the Planning Commission=s recommendation, then the zoning would be R-1. In the case of the Peaks, they came in prior to their request to annex requesting to amend only the future land use map. She added it is before the Board tonight, and there is only a change in the land use map classification. To meet the requirements of the Code, during the next 30 days, she said the Planning Commission will have to hold a hearing on this land (the 4 acres and the 14 acres) for zoning. On the 14 acres, they will again be considering the subject of the Comprehensive Plan Land Use designation. A motion was made by Director Smith, duly seconded by Director Jones, to amend the resolution to include both parcels. Upon discussion, Director Weatherford asked if all this property came into the City, and City Manager Kent Myers advised that was approved by the Court today. Mr. Reis added that a hearing was held today on the entire 19 acres, and the County Judge approved it. As of tomorrow, they are in the 30-day waiting period. He said his clients are trying to avoid having to decide tomorrow whether to withdraw their petition to annex. Mayor Bush then called for a vote on the motion to amend the resolution be include both parcels; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Mayor Bush 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, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the resolution was declared adopted, as amended. 19 Proposed Resolution No. R-07-20 Board of Directors Meeting 11 January 22, 2007 at 7:00 P.M.  A resolution entitled, AA RESOLUTION AMENDING THE 1997 COMPREHENSIVE PLAN FUTURE LAND USE MAP BY RECLASSIFYING CERTAIN REAL PROPERTY (1910 SPRING STREET),@ was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Weatherford, that the resolution be adopted as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, explained that the applicant is Mr. Billy Waddle, owner of 18 acres at 1910 Spring Street. He has a residence in the west central portion of the property, and the property around it is designated Residential Suburban, Residential Low and Industrial. His is designated as Industrial at this time. The Planning Commission and staff recommend approval after a hearing on January 11. Mayor Bush then called for a vote on the motion to approve the resolution; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the resolution was declared adopted. 20 Proposed Ordinance No. O-07-9 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 1910 SPRING STREET FROM M - 1, LIGHT MANUFACTURING , TO R-2, SUBURBAN RESIDENTIAL,@ was taken from the agenda for consideration. A motion was made by Director Jones, duly seconded by Director Weatherford, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question 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. Kathy Sellman, Planning and Development Director, stated this is Mr. Waddle=s request to rezone 18 acres (1910 Spring) from M - 1, Light Manufacturing, to R-2, Suburban Residential. He intends to place an additional home Board of Directors Meeting 12 January 22, 2007 at 7:00 P.M. on the property, and the R-2 zoning will permit residential uses that are consistent with existing development in the neighborhood. 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, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the ordinance was declared passed. 21 Proposed Resolution No. R-07-21 A resolution entitled, AA RESOLUTION AMENDING THE 1997 COMPREHENSIVE FUTURE LAND USE MAP BY RECLASSIFYING CERTAIN REAL PROPERTY (100 BLOCK OF RED OAK RIDGE BOULEVARD AT CARPENTER DAM ROAD),@ was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Weatherford, that the resolution be adopted as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, advised that the applicant, Mr. Ray Owen, Jr., agent for Deltic Timber Corporation, is requesting an amendment to the Comprehensive Plan for two tracts (A and B) of approximately seven acres each located near the entrance into Red Oak Ridge Subdivision. Both tracts are rectangular, and the road frontage is along Carpenter Dam Road and Red Oak Ridge Boulevard. She stated the existing map would not permit neighborhood residential development, which is what the developer intends to place there. Director Smith asked if this is for the parcels just outside the gate on the same side, and Ms. Sellman replied that it was. Mr. Ray Owen, Jr., 110 Leigh Circle, said this has been the plan of Deltic Timber to have a neighborhood commercial zone just outside the gate for the benefit and use of the people within the development and also for others in the immediate area. Mr. Jeff Davis, 112 Gardens Gate Circle, said he was notified about an hour ago regarding this change and is opposed to this development. He stated he was more concerned with a convenience store and service station being built at this location and objected to the traffic it would create. Board of Directors Meeting 13 January 22, 2007 at 7:00 P.M.  City Manager Kent Myers explained when Red Oak Ridge originally brought their master plan in for the City to get all of their development, it was intended to be commercial since they originally started. He asked if Mr. Davis was aware of that when he purchased his property, and Mr. Davis said that he was not. Mr. Ray Owen, Jr. pointed out that C-3 districts serve as the proper buffer between low density residential and higher density commercial uses, and building masses should be modest and scaled with residential developments. He stated the typical permitted uses in this district are retail sale and repair of appliances, banks and financial institutions, barber and beauty shops, daycare centers, hardware stores, laundry and dry cleaning services, medical and dental offices and clinics, and personal and professional services. Mr. Tom Ed Simmons, 103 Oakshore Circle, stated that the residents in the neighborhood would be affected by this change because that is their only method of entering or exiting their property. He said he did not necessarily have a problem with a commercial zone; however, there was a property owners= meeting a month ago with Red Oak, and they discussed future development. He noted there was no mention of this or trying to get input from the residents. He asked that this item be tabled and sent back to the Planning Commission for Red Oak to present this matter to the property owners. City Attorney Brian Albright pointed out that Red Oak Ridge has a complex Bill of Assurance, and Mr. Ray Owen advised that it has a 50-page Bill of Assurance; and he is sure that as much property as Deltic Timber still has in this area to develop, it will not take any action to hurt the value of the other lots and houses that will be built in that area. He said he did not see this as being anything negative and will only be positive. City Attorney Brian Albright asked if he knew if the Bill of Assurances addresses the area that fronts Carpenter Dam Road, and Mr. Owen advised that the Bill of Assurances only addresses those subdivisions as they are filed; and they are slightly different for each one. 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, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the resolution was declared adopted. 22 Proposed Ordinance No. O-07-10 Board of Directors Meeting 14 January 22, 2007 at 7:00 P.M.  An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 14.3 ACRES IN 100 BLOCK OF RED OAK RIDGE BOULEVARD AT CARPENTER DAM ROAD FROM R-1, RURAL RESIDENTIAL, TO C-3, OFFICE/NEIGHBORHOOD COMMERCIAL,@ was taken from the agenda for consideration. A motion was made by Director Weatherford, 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 Weatherford, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, explained this is a request from Deltic Timber Corporation to rezone 14.3 acres from R-1, Rural Residential, to C-3, Office/Neighborhood Commercial. This is for the purpose of developing limited commercial and office development and to promote a mixed use development that should increase the use of non-vehicular transportation. The Planning Commission and staff recommend approval. 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, and Bush, total 6. Absent and not voting: Director Daniel; motion carried. Whereupon the ordinance was declared passed. 23 Proposed Ordinance No. O-07-11 An ordinance entitled, AAN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PROCUREMENT OF CERTAIN DIGITAL CONTOUR DATA FROM EARTHDATA INTERNATIONAL, LLC; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Jones, 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?@ Board of Directors Meeting 15 January 22, 2007 at 7:00 P.M. and upon motion of Director Jones, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Mr. Steve Mallett, Public Works Director, explained that this purchase is in the amount of $124,340 and is Phase 2 of a three-phase plan that was previously approved by the Board. These two-foot contours will provide information that can be used by Utility staff in the design and water and sewer improvements, which will save the City from paying other engineers to develop that data. It will also be usable by other departments within the City and is an expense budgeted in the 2007 budget. 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, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the ordinance was declared passed. 24 Approval of Board of Directors Travel to the National League of Cities Conference in Washington, DC in March 2007 A motion was made by Director Weatherford, duly seconded by Director Jones, that the Board Travel to the National League of Cities Conference be approved. Upon discussion, City Manager Kent Myers stated that it is recommended that the Board authorize one or more Board Members to attend the National League of Cities Annual Conference in Washington, DC. He stated every year in March, the National League of Cities has this annual conference, which provides the City an opportunity to meet one-on-one with its legislative delegation. He added the Directors also get to meet with key federal representatives from such agencies as the FAA, the Department of Housing and Urban Development, and the Department of Transportation, as well as receiving updates on the status of federal funds that the City uses throughout the year. At this time, he is planning to attend the conference. He has been contacted by Director Smith, who is also interested in attending; but he has not been contacted by any other Director. Unless other Directors want to attend, he would suggest that the Board pass a motion to pay for the travel for Director Steve Smith to attend the Conference. He said that the Mayor=s Youth Council will be sending four students this year, along with Ms. Bea Arline and one other chaperone. Mayor Bush then called for a vote on the motion to approve Board Travel for Director Steve Smith to attend the National League of Cities Annual Conference in Board of Directors Meeting 16 January 22, 2007 at 7:00 P.M. Washington, DC in March 2007; and upon roll call, the following voted Aaye@: Directors Jones, Smith, Weatherford, Edwards, and Bush, total 5. Voting Ano@: Director Maruthur. Absent and not voting: Director Daniel; motion carried. OTHER BUSINESS 25 Board of Directors Items Director Jones recognized Mr. Elmer Beard, who stated that the NAACP appreciates the City=s support of the Annual Dr. Martin Luther King, Jr. Prayer Breakfast. He mentioned that they still need to have their nationalization of the advancement of colored people in existence and wants the City to support it. He said they would like for representatives to meet with City officials, such as City Manager, Deputy City Manager and City Attorney on some sensitivity issues. He said he would like to make an appointment so they can meet in private and share some of those things, and he believes they can grow and continue to improve and be open and honest about the need for their existence. He commented that the EEOC did not, in its existence in the State of Arkansas, eliminate the need for their organization nor did the Department of Human Services in the City. Director Edwards commended the Police Department for the excellent job they are doing in controlling the traffic and parking lots during the Oaklawn Race Meet. 26 City Manager=s Report City Manager Kent Myers gave the following report: 1. On the Consent Agenda, the Board approved a contract with architect Doug Arnold to prepare the schematic plans for the Farmers= Market building. This is a $9,600 contract payable from the USDA Grant that the City was recently awarded. Within in the next month, the Board will see some schematic plans and cost estimates. Friends of the Market are in the process of raising the funds. Thus far, no City funds have been dedicated for this project. 2. He expressed appreciation to the Board Members who have been involved in the Police Chief interviews. Three interviews have been conducted, and the interviews will continue tomorrow, Thursday, Friday, and completed next Monday. He urged the Board Members who are attending the interviews, the luncheon meetings and public Board of Directors Meeting 17 January 22, 2007 at 7:00 P.M. forums to contact him after the final interview on Monday because he will be meeting with the Civil Service Commission on Wednesday and hopefully by the end of next week, there will be an announcement as far as the new Police Chief. 3. Immediately following the next Board Meeting will be the State of the City Report, which will be a positive report and will include all of the economic development information, building permit information, and all the other positive news. 4. This Thursday is the Chamber of Commerce banquet at the Hot Springs Civic and Convention Center at 6 p.m. Next Tuesday, January 30, at 6 p.m., will be the annual legislative banquet at War Memorial Coliseum. 5. The next meeting of the Landlords= Association will be held on February 2, at 2 p.m., in the Hot Springs Civic and Convention Center. They will have Representative Rick Saunders present and several other legislative members to discuss possible changes in drug laws and how the City can work together with the State Legislature to improve handling of its local drug problem. 6. The City is accepting applications for various advisory committees. There is a vacancy on the Planning Commission, and the deadline is a week from tomorrow, Tuesday, January 30, at 12 noon. The citizen for this appointment must live within Board Districts 1, 2, 3 or 4. Anyone interested may get an application and file it no later than next Tuesday. There are also vacancies on the Airport Advisory Committee and the Animal Control Advisory Committee. Anyone interested may contact Margaret Parris in his office at 321-6811. 27 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:10 p.m., to meet again on Monday, February 5, 2007, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 18 January 22, 2007 at 7:00 P.M.