Board of Directors

MINUTES BOARD OF DIRECTORS MEETING AUGUST 20, 2007, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, August 20, 2007, 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 Daniel, duly seconded by Director Edwards, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of August 6, 2007 Board Meeting A motion was made by Director Edwards, duly seconded by Director Maruthur, that the minutes of the August 6, 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 (August 8, 2007). 6 Proposed Resolution No. R-07-195 Accepting Certain Bid Awards (a) Carbon - Utilities [annual supply contract awarded to General Carbon Corporation]; (b) Blended Polyphosphates - Utilities [annual supply contract awarded to CalciQuest, Inc.]; (c) Janitorial Service - Animal Services, Transportation Depot, Airport, Sanitation, and Police Department [annual supply contract awarded to ServiceMaster, OJ=s, and Dow]; (d) Top Soil - Various Departments [annual supply contract awarded to Tommy Mitchell, Inc.]; (e) Structure Demolition - Code [awarded to Evan Slaight in the amount of $3,662, John T=s Excavation in the amount of $11,299.88, and Melton Construction in the amount of $5,580]; (f) Rodding Machine - Utilities [awarded to Henard Utility Products in the amount of $45,695]. 7 Proposed Resolution No. RB07-196 Authorizing the Filing of a Grant Application with the State Aeronautics Department for Certain Airport Improvements. 8 Proposed Resolution No. R-07-197 Accepting a Grant from the United States Department of Transportation and the Arkansas State Highway and Transportation Department for Public Transportation Grant Assistance Provided Under 49 USC '5303 B Metropolitan Planning Program (Fiscal Year 2008). 9 Proposed Resolution No. R-07-198 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Golf Links Gardens Subdivision. 10 Proposed Resolution No. R-07-199 Accepting a Grant from Weyerhaeuser Company Foundation for Art in the Park and Appropriating Funds. 11 Proposed Resolution No. R-07-200 Accepting and Appropriating Reimbursement of Funds for Art in the Park Advertising Expenses. 12 Proposed Resolution No. R-07-201 Expressing the Willingness of the City of Hot Springs, Arkansas, to Utilize Federal-Aid Monies (Trails Grant). Board of Directors Meeting 2 August 20, 2007, at 7:30 P.M. 13 Proposed Resolution No. R-07-202 Appropriating Donated Funds for the Transportation Depot Expenses. 14 Proposed Resolution No. R-07-203 Authorizing the Mayor to Execute Amendment No. 1 to the Contract with Carter and Burgess, Inc. for Engineering Services Related to the Hot Springs Water Model Review. 15 Proposed Resolution No. R-07-204 Appointing Anthony Taylor to the Construction Trades Advisory Committee. 16 Proposed Resolution No. R-07-205 Creating a District Court Automation Fund and Making Appropriations Thereto. A motion was made by Director Edwards, duly seconded by Director Jones, that the Consent Agenda be approved; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. NEW BUSINESS 17 Proposed Ordinance No. O-07-79 An ordinance entitled, AAN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF A CERTAIN REAL PROPERTY IN GAINES ADDITION OWNED BY MARVIN A. RODGERS LIVING TRUST; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Smith, duly seconded by Director Edwards, that the ordinance be tabled to the second meeting in September (September 17) since Mr. Rodgers is ill; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Board of Directors Meeting 3 August 20, 2007, at 7:30 P.M. 18 Proposed Resolution No. R-07-206 A resolution entitled, AA RESOLUTION AMENDING THE 1997 COMPREHENSIVE PLAN FUTURE LAND USE MAP BY RECLASSIFYING CERTAIN REAL PROPERTY (2518 AND 2522 PARK AVENUE),@ 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, stated that the applicant is Coulson Oil Company; and this is a request to amend the future land use map designation from Residential Suburban to Tourism Commercial for 2.4 acres located on 2518 and 2522 Park Avenue. This is near an established golf course/residential neighborhood. The staff recommendation to the Planning Commission is to approve the petition to change this to Tourism Commercial. The Planning Commission heard the item on June 14 and recommends that the Board approve this item. Director Maruthur stated that one of the major stakeholders in the result of this decision was not contacted and is unable to attend the Board Meeting tonight. She requested that this item be tabled until September 17 so that he can review some of the information that he would have reviewed had he known about the Planning Commission meeting and the Board of Directors meeting. Ms. Sellman advised there was a fluke in their software program that provides notification. She spoke with that person and spent three or four hours on this item today. She said she had a couple of conference calls with Mr. Eddie Martin, of Coulson Oil Company; and as of 4 p.m. today, Mr. Guerrero=s statement was that he was satisfied with the existing proposal and recommends that the Board proceed with the decision tonight. She added he has no outstanding comments and will be meeting with the applicants later this week to discuss the specifics. 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 resolution was declared adopted. Board of Directors Meeting 4 August 20, 2007, at 7:30 P.M. 19 Proposed Ordinance No. O-07-80 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 2518 AND 2522 PARK AVENUE FROM PD, PLANNED DEVELOPMENT DISTRICT, TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY DISTRICT,@ was taken from the agenda for consideration. A motion was made by Director Edwards, 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 Edwards, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, explained this is the same property as discussed in the previous item; and the request is to rezone 2.4 acres from PD, Planned Development, to C-4, Regional Commercial/Open Display District. It was zoned PD, Planned Development, at the time it was annexed into the City. The applicant stated at the time of the annexation, he thought the area was zoned commercial and would now like to make the zoning consistent with the uses on the property. Staff=s recommendation to the Planning Commission was to approve the petition for rezoning; and the Planning Commission=s recommendation to the Board, after the July 12 public hearing, on a vote of 6-0, was to approve the rezoning to C-4, Regional Commercial/Open Display District. 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. 20 Proposed Resolution No. R-07-207 A resolution entitled, AA RESOLUTION AMENDING THE 1997 COMPREHENSIVE PLAN FUTURE LAND USE MAP BY RECLASSIFYING CERTAIN REAL PROPERTY (2009 PARK AVENUE),@ was taken from the agenda and read by title only. Board of Directors Meeting 5 August 20, 2007, at 7:30 P.M.  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 applicants, Hilltop Bed and Breakfast, to redesignate 5.7 acres located at 2009 Park Avenue on the Future Land Use Plan Map to enable future rezoning of this area and ultimately enable them to apply for a Conditional Use Permit to expand their existing operation. Their item was continued by the Planning Commission at the June meeting to enable the petitioners and neighbors to meet to see if they could come to some consensus as to what the appropriate direction was on this project. They were unable to do so; and subsequent to the meeting, Ms. Kraemer, one of the applicants, amended the application to be consistent with only changing the designation on the Park Avenue half of the property. Staff recommendation to the Planning Commission was to change the Future Land Use Map to Commercial Enclave on the front half of the Park Avenue portion and deny the amendment on the wooded half of the property that contains a storage building. The Planning Commission=s recommendation to the Board after the August 9 hearing, by a vote of 4-1, with Commissioner Campbell dissenting, was to approve an amendment to the Future Land Use Plan Map designating the Park Avenue portion of the subject land as Commercial Enclave and to deny the amendment on the wooded half that contains the storage building. Director Maruthur commented the Bed and Breakfast is a nonconforming. She asked if it is legal to expand a nonconforming, and Ms. Sellman replied that it is not. She added that is the reason this is necessary and point out the applicant may ultimately plan to request to expand their operation, which would require a Conditional Use approval in a conforming zone. She commented they are not in a conforming zone, and the zoning was changed on their land after the approval originally for a Bed and Breakfast. In order for them to apply for Conditional Use approval to expand a Bed and Breakfast, it will be necessary to find them a comprehensive plan designation and after this item, a zone district that will enable them to conform. Director Maruthur said she understood the front portion will be utilized as a Bed and Breakfast, and the back portion is going to be the construction of a place for the family to live. If it is already residential, she questioned why it has to be rezoned. Ms. Sellman explained this gets into a territory that is not covered by this application, noting the plan the applicants are considering at this time involves extending the existing building, and by means of constructing a walkway, attaching that family residence to the existing Bed and Breakfast. Board of Directors Meeting 6 August 20, 2007, at 7:30 P.M.  Director Maruthur asked if she is referring to a covered walkway or a sidewalk, and Ms. Sellman advised it is a covered walkway. She noted under the Building Code, it would create one structure. Director Maruthur questioned the input from the neighbors, and Ms. Sellman advised that the neighbors do not care for the idea of changing this zoning to something other than Residential. She stated the Comprehensive Plan designation that is being considered is Commercial Enclave, which is a designation that is specific to a situation such as this where there is an existing neighborhood and a very small, non-residential use established or to be established. Director Maruthur said she received a call today pointing out that the facility is capable of hosting up to 150 guests, including both indoor and outdoor dining. She questioned if there would be a need to rezone if the City were to amend this where there would not be a covered walkway but would just be a walkway to what she was told would be their residence. Ms. Sellman said she believed there would because this is still a situation where there is an established use that is nonconforming and the creation of more development on that site. Director Maruthur questioned splitting the property into as far as rezoning because if they are going to be doing a residential living behind this other use and is already zoned residential and is not attached, then it could remain residential and they could build their home. It would not be attached. Ms. Sellman stated that is one possibility. She stated in the discussions with the applicants, that does not appear to meet their needs and would also require creating a second parcel that would have road frontage. This situation keeps one intact parcel and contains both the existing, nonconforming use and the expansion by means of adding a residence for the innkeepers and their family. Director Maruthur stated that she understood the neighbors had some concerns about it and questioned where the 150 guests would park. She noted this is at a curve, which is not safe, especially in the evenings. She stressed this does not seem feasible or fair to the neighborhood. She said if the two buildings were not attached and it is zoned residential, she would like to make an amendment that the property in the back be used as residential, if it is legal. Ms. Sellman advised this is a large piece of land that is not divided and would be creating a second use on the property, which would probably necessitate a site plan review. Board of Directors Meeting 7 August 20, 2007, at 7:30 P.M.  Director Maruthur asked if they could do a split use, and Ms. Sellman replied that they could. She added the positive part about this particular approach with regard to the existing neighbors is that any expansion requires a detailed examination of the use and its expansion through a Conditional Use Permit. This will be a site plan which will require those areas that need to be upgraded, such as the parking, etc., that will need to meet the current standards. Director Maruthur said with the Conditional Use, it pertains to the property and runs with the land. Therefore, this land use will be changed forever; and it is a nonconforming use but residential all around. She questioned if this is spot zoning, and Ms. Sellman replied that it is not. She explained the Board is not considering zoning at this time. She pointed out it is an area about five acres in size, and the Zoning Code specifies spot zoning as being anything smaller than two acres. Therefore, the City meets and exceeds its own minimum standard for not being a spot zone. Director Maruthur asked if the City could do a split use, and Ms. Sellman replied that it could do a split use; but it is difficult to hypothesize what the pros and cons of that might be. She explained this is a departure from what the Planning staff and Planning Commission considered. Director Maruthur said since there is opposition to this, she would like to refer this back to the Planning Commission recommending a split use and looking into it. She noted that people move; and once something is put into place, this could become a problem if somebody who was not responsible were to have this place. Also, the residents in this area are almost in a country setting, which is a beautiful area. A motion was made by Director Maruthur, duly seconded by Director Smith, that this be referred back to the Planning Commission for consideration of a split use for the protection of the neighborhood. Upon discussion, Mayor Bush asked for the opinion of Mr. Gary Threadgill, Chairman of the Planning Commission. Mr. Threadgill said when this was sent to the Board as a Comprehensive Plan change, there was already a Bed and Breakfast and a wedding chapel on that property, nonconforming use. However, it is still a legal use; and they can already have 150 people. He commented by telling them they cannot add to the building is not going to make any change to what can already be done on the property. He mentioned at the Planning Commission meeting, there were some complaints about the parking; but there is no way the City can control now how many Board of Directors Meeting 8 August 20, 2007, at 7:30 P.M. cars are in and out of the property. He explained all they want to do is expand the building so they would have a place to live with less confinement. Director Maruthur stated once they vacate the home, that will enable the entire use of that home dedicated for this business, and they are going to locate in the back. She emphasized that she is looking at the future, which is the reason for a Future Land Use. She mentioned that once the door is opened, it cannot be closed, and the Planning Director made that clear. Before this is done, she said she would like to see it referred back to the Planning Commission for consideration of the split use to see if the people who are operating the Bed and Breakfast and the neighbors who are concerned about this can come together, and they can achieve the same thing while protecting the neighborhood in the future. She stressed that is her only concern. Mr. Threadgill advised that they had a meeting prior to the one they had on their last agenda and tabled it, giving them 60 days to get with the neighbors and arrive at a solution. He stated they brought it back to the Planning Commission, and again this is the consensus the Planning Commission came to. Director Maruthur asked if the split use was mentioned since she did not see it in the minutes. Mr. Threadgill replied when it came before the Planning Commission, the Commission informed the applicants they need to get with the people of the property and gave them 60 days to come to a solution. Director Maruthur said if they are not aware of what could be done, then working it out is just a matter of they do not want it, or it is going to be nice. She stated either the residents have moved away or downsized, and she believes it is worth referring back to the Planning Commission. Director Smith asked if there is split zoning, and Mr. Threadgill said that the front shaded part on the map is what is being discussed. He added the back portion is also a part of that property, a different zone; but that parcel is not being discussed tonight. Director Smith said he is not in favor of split zoning and needs to be careful. Mr. Threadgill stated that the actual split zoning on this is already done. Director Smith stated the City is trying to do a rezoning (C-TR) on the front half only; and if that were to happen, then it would require a Conditional Use Permit on the front half. He questioned why it would require a Conditional Use Permit if they are already utilizing this property. Mr. Threadgill explained it is already a nonconforming use in a residential area, and the Planning Commission is requesting that the Comprehensive Plan be changed to bring it up to a C-TR, which would make it a conforming rezoning. Director Board of Directors Meeting 9 August 20, 2007, at 7:30 P.M. Smith asked if at that time, a Conditional Use Permit would follow; and Mr. Threadgill said that it would. He added any additional buildings would have to have a Conditional Use Permit. Director Maruthur commented if someone were interested if this couple were to leave or relocate, there will be two buildings connected. If the Board were to retain this, she said it will be nonconforming Bed and Breakfast. She pointed out in the future if the two buildings are not connected, there will be a home in the front used as a Bed and Breakfast and has been approved. Then there is a home behind unattached. She stressed those are viable in a residential neighborhood. She said she did not know how many people would undertake two buildings that are connected and absorb the costs, and there are not too many people who would purchase and continue that use. She pointed out it could turn into something that might not be desirable for that neighborhood, and she did not think it was fair. Therefore, she is is recommending this resolution be referred back to the Planning Commission to see if the neighbors and people who are doing this can come to some kind of an agreement with a split use where the City can preserve basically two homes. Mr. Threadgill said there is already one parcel of property split into two. He stated if they do as Director Maruthur suggests, then they will have to have the front parcel surveyed and come to staff to have a lot split. There will then be three pieces of property, and they cannot do a lot split since they already have the split in the lot. Ms. Kathy Sellman stressed that the Board is not considering the proposal in detail tonight, and this is an examination of possible future land use for this area recommending that there be no change to the rear half of this land and that the very low density residential on the rear half be maintained to provide an ongoing buffer for the existing residences in the area, which are very rural and very estate-like in nature. Director Weatherford questioned how this is zoned at the present time, and Mr. Threadgill advised that the front half is R-2; and the back half is R-1. Director Weatherford asked if the front half is more than half of the lot so the back half is zoned whatever the front half is. City Attorney Brian Albright said that presently there is an R-1 and R-2, which are both residential and not commercial. He explained they do not require Conditional Use Permits and are operating under a pre-existing, nonconforming use. He added they are both residential so the fact that there are two different zones on this parcel is almost immaterial to the use that is being made of the property at the present time. Board of Directors Meeting 10 August 20, 2007, at 7:30 P.M.  Director Daniel asked if the back half is where they want to build the home, and Ms. Sellman said it is on the front half. Director Weatherford stated they want to add an additional house to the house that is there and use a walkway. He pointed out these residents have paid their money for their right to be heard by the Planning Commission ($375 for each of those applications). They have four applications and have paid $1,500. He noted this has been three or four months because they have been to the Planning Commission, and there has not been a decision on anything, plus surveys and everything else they have done. He stressed the Board needs to make a decision. Director Maruthur pointed out this is going to affect this area permanently, and she would like to recommend that this be referred back to the Planning Commission. Director Jones asked if she was on the Board when this was allowed the first time and how did this get started. Director Maruthur stated that she was on the Board, and they asked for it. She added it was one building; and they did some beautiful improvements. She said these are the same people, and this is going to change this area forever. She commented this is permanent, and when the City makes these changes, it affects the people who live there; and she cares about the neighborhood. She pointed out that she did not believe postponing it one meeting is asking too much. Director Smith asked if 30 days is enough time, and Mr. Threadgill said that it was. Mayor Bush then called for a vote on the motion to refer this resolution back to the Planning Commission; and upon roll call, the following voted Aaye@: Directors Maruthur, Smith, Edwards, and Daniel, total 4. Voting Ano@: Directors Jones, Weatherford, and Mayor Bush, total 3; motion carried. 21 Proposed Ordinance No. O-07-81 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 2009 PARK AVENUE FROM R-2, SUBURBAN RESIDENTIAL, TO C-TR, COMMERCIAL TRANSITIONAL,@ was taken from the agenda for consideration. Board of Directors Meeting 11 August 20, 2007, at 7:30 P.M.  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 Daniel, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, explained this is the same parcel discussed in the previous item. The recommendation of staff to the Planning Commission was to approve it on the Park Avenue portion of the subject property containing the Bed and Breakfast and to deny the C-TR zoning on the R-1 zone portion in the rear. The Planning Commission=s recommendation after the August 9 public hearing was on a vote of 4-1, with Commissioner Campbell dissenting, that the Board accept the staff=s recommendation. She pointed out with the existing situation with the Comprehensive Plan Future Land Use Map amendment action previously taken, the Board may wish to consider referring this ordinance back to the Planning Commission. City Attorney Brian Albright stated that while it is not exactly the identical issue, it is for all practical purposes the same issue. He said he would concur with Ms. Sellman that if it is the Board=s pleasure to refer the other matter back to the Planning Commission, it would seem to him instead of piecemealing this, to send it together. A motion was made by Director Maruthur, duly seconded by Director Smith, that the ordinance be referred back to the Planning Commission; and upon roll call, the following voted Aaye@: Directors Maruthur, Smith, Edwards, Daniel, and Bush, total 5. Voting Ano@: Directors Jones and Weatherford total 2; motion carried. 22 Proposed Ordinance No. O-07-82 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING PROPERTY ON GOLF LINKS ROAD FROM R-2, SUBURBAN RESIDENTIAL, TO PD, PLANNED DEVELOPMENT,@ 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?@ Board of Directors Meeting 12 August 20, 2007, at 7:30 P.M. and upon motion of Director Edwards, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, said this property is located in the 700 and 800 blocks of Golf Links Road and is a request to change the zoning from R-2, Suburban Residential, to PD, Planned Development, for the purpose of constructing residential development on the property (4-1/2 acres). At the July 12 meeting, the Planning Commission deadlocked on this item 3 to 3 because it is still within the 30 days that is the limit for getting a project with a recommendation to the Board. The Planning Commission heard this item again on August 9. The staff recommendation to the Planning Commission was that the Board approve the ordinance rezoning the property from R-2, to PD, with conditions; and the Planning Commission=s recommendation to the Board is for approval on a vote of 4 to 1, with Commissioner Campbell dissenting. Director Maruthur questioned why Commissioner Campbell voted against this, and Mr. Campbell advised there was some lacking part of the packet he felt was not there. He pointed out there was not a preservation plan in it, and the Planning Commission did not have the two-foot increments until the meeting night. He explained that the topographical was supposed to be in two-foot increments but was submitted to the Commission as five-foot increments, which is against the ordinance. Mayor Bush questioned when this occurred, and Mr. Campbell said it was at the meeting when the Planning Commission passed it. Director Smith asked if he had two-foot increments at the August 9 meeting, and Mr. Campbell said they were brought in that night and presented to the Planning Commission when the case was brought up. City Manager Kent Myers commented that was not correct, pointing out that was the previous meeting in July when they did not have the contours. He stated at the August meeting, they had all the contours addressed three weeks before that meeting, and that was all in the Commissioner=s packets. He said he believes all City codes have been met and were met prior to the Planning Commission meeting. Mr. Campbell stated that he could be mistaken about the topographical, but has never seen a preservation plan. He said he realizes the property was stripped, cut down and filled in; but the ordinance still stipulates that the Commission has to have a preservation plan. However, he said the project itself looked good. Board of Directors Meeting 13 August 20, 2007, at 7:30 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. 23 Proposed Ordinance No. O-07-83 An ordinance entitled, AAN ORDINANCE AMENDING THE RETAIL SALES AND SHOPPING CENTER PARKING REQUIREMENTS IN CITY OF HOT SPRINGS ZONING CODE (ORDINANCE NO. 5158, AS AMENDED); AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Daniel, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Jones, duly seconded by Director Daniel, that the ordinance be passed as read. Upon discussion, a motion was made by Director Weatherford, duly seconded by Director Maruthur, that this ordinance be removed from the agenda and 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. Director Weatherford pointed out that the Planning Commission has been working on all parking regulations. 24 Proposed Ordinance No. O-07-84 An ordinance entitled, AAN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF THE CITY OF HOT SPRINGS, ARKANSAS; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. (First Reading Only) (Salazar Property) A motion was made by Director Weatherford, 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 Board of Directors Meeting 14 August 20, 2007, at 7:30 P.M. first time by title only. The public hearing on the ordinance will be held on September 17, 2007. 25 Proposed Ordinance No. O-07-85 An ordinance entitled, AAN ORDINANCE REGULATING OBSTRUCTIONS ON SIDEWALKS, ALLEYS, STREETS AND OTHER DEDICATED PUBLIC RIGHTS-OF-WAY; REPEALING CERTAIN ORDINANCES; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Daniel, 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 Daniel, that the ordinance be passed as read. Upon discussion, Director Maruthur asked if this was going to affect every C-1 zone in the City; and Deputy City Manager Lance Hudnell advised that primarily C-1 zones are only in the downtown area. Director Maruthur pointed out there are other C-1 zones, and City Attorney Brian Albright stated they are primarily downtown Central Avenue and in the downtown portion of Malvern Avenue. Deputy City Manager Lance Hudnell explained that C-1 was chosen because the buildings in a C-1 zone can be built up to the property line. Therefore, there is no place for the sandwich board signs on private property. They are allowed in the public right-of-way in C-1 zones only because the other zones have private property boundaries setback areas where the sign can be located, as a temporary sign. Director Maruthur asked if these are the sandwich board signs and A-frame signs but not the roll-on signs. Deputy City Manager Lance Hudnell advised they were not the roll-on signs. 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. 26 Proposed Resolution No. R-07-208 Board of Directors Meeting 15 August 20, 2007, at 7:30 P.M.  A resolution entitled, AA RESOLUTION AUTHORIZING REVISIONS TO THE 2007 BUDGET,@ 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, City Manager Kent Myers stated over the last six weeks, staff been reviewing the funds and have a number of revisions recommended to the Board about three weeks. ago. Over the last three weeks, the Board has suggested three changes to those revisions. Those three changes have been incorporated into the resolution, include adding $5,000 to the Parking Deck Maintenance budget since there were some concerns expressed regarding an upgrade to the electrical facilities in the Parking Deck. Also, $20,000 has been added to the Board election expense to cover the special election. That was an oversight and was to have been included in the original budget revisions. At the agenda meeting last Tuesday, the Board suggested adding a cost of living adjustment of two percent for all employees. Those three changes have been made to the mid-year budget revisions. If the Board approves this tonight, the budget will increase a total of $2,109,000. He explained the main reason for that increase is the City has received the surplus money from the Civic Center Bonds; therefore, that is being appropriated in the mid-year budget. The other changes that have been added will result in an increase of $242,000 to the General Fund budget that will require the Board to appropriate that money from prior year revenues. Director Weatherford said he did not mention the 2.94 percent adjustment and asked if that was in there, and City Manager Kent Myers advised that it was, which was part of the original revisions that were recommended. He stated there is also a job audit recommendation that will affect 249 employees and will give them basically a step increase. He explained these are employees who have been hired in the last four years. Because they have not had a merit increase, they were at the same level as new employees; therefore, this will create more equity in the job table. 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 resolution was declared adopted. 27 Proposed Ordinance No. O-07-86 Board of Directors Meeting 16 August 20, 2007, at 7:30 P.M.  An ordinance entitled, AAN ORDINANCE AMENDING INITIATED ORDINANCE NO. 4761 (PUBLIC SAFETY SALES AND USE TAX) AS AMENDED BY ORDINANCE NO. 4781,@ 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 Maruthur, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, City Manager Kent Myers explained that in 1998, the Board received petitions that were initiated by the Police and Fire Departments and their supporters throughout the community. As a result of that, there was a special election; and the voters approved a Public Safety Sales Tax. He stated this has been a successful tax for the City, and there have been a number of upgrades to the police and fire services as a result of those tax revenues. He advised that in the petition that was submitted to the City, it had some limiting language which basically limited the City over the last five or six years on the uses of the money and what it can use General Fund money for to finance Police and Fire services. As a result of a new legal opinion from City Attorney Brian Albright, it was determined that the Board can revise the initiated ordinance through a 2/3 vote (5). Staff is recommending that the limiting language be removed from the initiated ordinance so that the Board, as part of the annual budget process, can fund Police and Fire as much as it wants out of the General Fund in the future. This will also eliminate what is shown on the City=s books as a loan from the General Fund to the Fire Fund. He noted there are no intentions of the Fire Fund paying that back; therefore. this will address that issue and get that off the books. 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. 28 Proposed Resolution No. R-07-209 A resolution entitled, AA RESOLUTION APPOINTING JOHN MORY AND LARRY RANEY TO THE HOT SPRINGS PLANNING COMMISSION,@ was taken from the agenda and read by title only. Board of Directors Meeting 17 August 20, 2007, at 7:30 P.M.  A motion was made by Director Jones, duly seconded by Director Weatherford, that the resolution be adopted 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 resolution was declared adopted. 29 Board Travel to National League of Cities Conference in New Orleans for Mayor Bush, Directors Weatherford, Smith and Jones (November 13 - 17, 2007) A motion was made by Director Edwards, duly seconded by Director Weatherford, that the Board travel to National League of Cities Conference in New Orleans to Mayor Bush, Directors Weatherford, Smith and Jones on November 13 - 17, 2007, be approved. Upon discussion, Mr. Wayne Roberts, 515 Jerome, said the National League of Cities Conference is very educational; and he believes one member of the Board should be going but sending four Directors is too excessive, especially when there are health, safety and welfare issues. He noted that two weeks ago, one of the Directors mentioned that the Fire Department had indicated a need for a new compressor, which is used to put air in a tank used in self-contained breathing apparatus, but there were not sufficient funds. However, the Board is considering sending four Directors to a conference. He said he believes public safety for employees and the public should be highest priority in the City. He stated if he were on the Board, he would vote against this travel and use the money to purchase the equipment. City Manager Kent Myers advised that money was added to the mid-year budget when the Fire Department indicated that was a need, and it has been funded. Ms. Diane Silverman, 1404 Cedar Glades, county resident, said she objected to the idea of approving free travel and expenses for four Directors to travel to the National League of Cities in New Orleans when, at the most, one person should be paid for. She stated she did not believe there should be any taxpayers= funded travel for City Directors any place outside the State of Arkansas until the Police and Fire Departments have the equipment and resources needed to do their jobs. She pointed out there is no basis for believing a trip to New Orleans will bring any real solutions to those Board of Directors Meeting 18 August 20, 2007, at 7:30 P.M. problems or lasting benefit to the taxpayers who would be paying the bill. She commented that the Directors asking for Board=s approval to spend public funds to pay for their travel have already spent thousands of dollars making multiple trips to Hanamaki, yet Police Officers have to use their own personal cell phones to stay in touch with each other on the job because the City has not provided them with a decent communications system. She mentioned that the Fire Department is the fourth largest in the State, yet it is the 14th in funding while at the same time, Hot Springs financial records show that some Directors received advance cash payments for prior travel expenses, and some of those expenses still have not been justified with receipts or repayment. She mentioned there is no reason to believe the travel to New Orleans will cause a change of heart, attitude or effectiveness of Directors who Athumb their noses@ at City employees and City taxpayers by being so irresponsible as to consider spending money needlessly for four Directors to travel to a seminar. She mentioned she has copies from a public record showing the history of some of the Directors asking for this travel perk. She stated these records reveal a poor financial record and less than ethical and responsible behavior of some of them making the travel perk request appear to be another example of people who serve and seek for personal gain rather than to be good stewards of the public trust. She suggested that the Board not approve the Directors= travel at this time. If anyone desires proof of her comments, she said they may indicate that for the record so it will appear in the minutes, and she will provide proof to the clerk so the documents appear in the minutes. Mr. Bob Driggers, #3 Stonegate Heights, county resident, said the public=s perception is that this Board is traveling too much, and the perception is the Directors are spending the public=s money with no return on the investment. Also, they see no benefit to these trips. He noted the Board travel excesses prohibit employees= travel and training that could be beneficial to the City. He stated a Director going to Japan three times, Reno, Washington DC, and to New Orleans in approximately one year is excessive. He said if the Board sends the majority of the Board to New Orleans, he is ready to adopt the public=s perception as factual. He stressed this is not a necessary expense and is arrogance that demonstrates very little respect for the public=s money. Director Maruthur said she did not believe these Directors would be going if they had to pay their own expenses. Mayor Bush responded that his wife goes, and he pays for her expenses and does not want Director Maruthur to imply that the Directors take their entire family to get education. Director Maruthur said this is not directed at anyone but is directed at the bottom line. Mayor Bush said she is referring to $8,000 out of a $80 million budget. Director Maruthur pointed out on July 31, there was a Board of Directors Meeting 19 August 20, 2007, at 7:30 P.M. need for $10,000 for an item, which was an issue the Board discussed for about an hour and was a needed item for a department. She noted that $8,000 adds up; and the frequency of the travel is too often. She mentioned in November, there was a moratorium on out-of-state travel. She stated the City has a surplus, but it is not going to continue happening. She said she was glad that the Board has decided in applying this to the needs of the employees, Police and Fire Departments, and basic services. She stressed because the City has the money, does not mean it has to spend it. She commented the City could be looking at hard times and should conserve the money. She stated she would have no problem with a Director or an at-large director going. She mentioned the City needs to have some attendance at the Municipal League and National League of Cities and has no objection to that. However, she believes there is excessive travel. She stated she hears comments when she leaves the Board Meetings and receives calls. She noted there is a perception from the public that the Board is taking care of itself, and this perception becomes reality. She said she was glad that the Mayor is going to be able to pay, but not everyone is able to pay. Mayor Bush asked if she did not think it was to the Directors= benefit to attend a conference where there are thousands of people they can communicate with. He said it is an educational experience, and it is his personal opinion that it is the City=s obligation to send him and any other Director who wants to attend. Director Jones said this is where she learns about CDBG money and how the City starts receiving the funds for the neighborhoods, and she would like to continue attending because of this. She pointed out it always changes; and when the Directors attend the January meeting, they confront the legislators about the changes that will be discussed in the November meeting. They then take it to the Capitol in January and talk to the senators and congressmen and try to keep the money in the neighborhood, and this is a great benefit to the City. She mentioned at one time, they were going to take all the money from the City. Director Maruthur commented with today=s technology, there are e-mail, faxes, and cell phones; and she has never had a problem communicating with any higher elected officials. She noted they do come to town, and there are notices of many seminars that she receives in the mail. However, she cannot, in good faith, use taxpayers= money to attend all of these meetings and seminars. She said there are a few she wanted to attend but could not in light of having to not replace people because the City does not have the money or fill department requests. She stressed that the Board should be good stewards of the taxpayers= money. Board of Directors Meeting 20 August 20, 2007, at 7:30 P.M.  Mayor Bush said if she does not feel it is her place to attend these, then she should not. Mayor Bush then called for a vote on the motion to approve the Board travel to the National League of Cities Conference in New Orleans for Mayor Bush, Directors Weatherford, Smith and Jones on November 13 - 17, 2007; and upon roll call, the following voted Aaye@: Directors Jones, Smith, Weatherford, Edwards, and Bush, total 5. Voting Ano@: Director Maruthur. Director Daniel was out of the Board Chambers and did not cast a vote; motion carried. 30 Board of Directors Items Director Jones said the Pleasant Street meeting will be held on Saturday, September 1, at 1 p.m., at Webb Center. She stressed this is a very important meeting and urged all the property owners and the renters of the neighborhood to attend. Director Maruthur announced that on August 23, there will be a public meeting at St. Joseph=s Hospital, between 4 p.m. and 7 p.m ., in regard to the future widening of Higdon Ferry Road. Also, the Park Avenue social informal potluck has been postponed due to the hot weather. She expressed appreciation to all of those who were willing to work and bring the food. She said they will be informed when the majority of the people will be able to attend. Director Smith expressed appreciation to all of the responders due to an incident a week ago last Thursday in the 800 block of Quapaw. He reported an individual knocked down a major power transformer in the neighborhood. Due to the heat, those houses where there were many seniors started heating up rapidly. He thanked the Police, Fire and all of the other providers, as well as Entergy, because they had to replace the entire transformer and pole; and everything was running by early afternoon. Director Edwards announced that many residents are not aware of the law against nailing any kind of signs on utility poles. Mayor Bush announced that he has a seventh grandchild born to his son and his wife and named him David Michael II. 31 City Manager=s Report Board of Directors Meeting 21 August 20, 2007, at 7:30 P.M.  City Manager Kent Myers gave the following report: 1. The next Board Meeting will be held on Tuesday, September 4, due to the Labor Day Holiday being on Monday, September 3. 2. A joint work session between the Board and Planning Commission will be held in October; and after the first of the month, his office will begin polling the Board. 32 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:15 p.m., to meet again on Tuesday, September 4, 2007, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 22 August 20, 2007, at 7:30 P.M.