Board of Directors

MINUTES BOARD OF DIRECTORS MEETING MAY 5, 2008, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, May 5, 2008, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Monette Allen, 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 Maruthur, that the agenda be approved. Upon discussion, City Manager Kent Myers advised that Mr. Don Beavers, from B&F Engineering, has requested that Item No. 16 (Special Public Safety Report Regarding Installation of Crosswalk for Oaklawn Employees to Cross from the New Employee Parking Lot Mid-Block on Golf Links Between Harvest Lane and Martha Lane) be removed from the agenda since they are considering other options. 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 April 21, 2008 Board Meeting A motion was made by Director Edwards, duly seconded by Director Weatherford, that the minutes of the April 21, 2008 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests City Manager Kent Myers stated there was a recent flooding event throughout the community, which involved the Fire Department=s Swift Water Rescue Team. A video tape of the event was then played, and he expressed appreciation to Mr. Sandy King of Channel 7 for providing the tape and to Mr. Jeff Fields, Public Information Assistant, for editing the tape. Fire Chief Ed Davis then explained the rescue event and stated they were also called to another rescue in Hot Spring County to assist with a child who was in respiratory distress off Highway 171. He said the ambulance crew could not cross a creek, which was about four to five feet high; and the Swift Water Team swam the creek and brought the baby across. He noted these men risked their lives; and in two of the cases, if the lady had jumped out of the truck and if they had not been there for the child, there would have been two deaths. He then introduced David Koller, Keith Goss (leader of the Swift Water Rescue Team), Jerry Hawthorn, and Dean Brooks. He also introduced training officer Bill Bradbury, who was the Incident Commander on the Swift Water Rescue and Tom Braughton, Assistant Fire Marshall, who was the Safety Officer. He stated the City has invested $2,800 to outfit each one of these firemen and to train them. Mayor Bush and the Board commended the team. Police Chief Bobby Southard introduced recently employed police officers Eric Whilhite and Benjamin Riley. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (April 22, 2008). 2 6 Proposed Resolution No. R-08-95 Approving the Hot Springs Regional Intelligent Transportation System (ITS) Architecture Report and Deployment Plan. 7 Proposed Resolution No. RB08-96 Appointing Doug Arnold to the Historic District Commission. 8 Proposed Resolution No. R-08-97 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to The Cascades at Spring Street Apartments. 9 Proposed Resolution No. R-08-98 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Country Club Gardens. 10 Proposed Resolution No. R-08-99 Accepting Certain Water and Wastewater Projects into the Hot Springs Municipal Water and Wastewater System. 11 Proposed Resolution No. R-08-100 Awarding a Contract for Engineering Services to ATOKA, Inc. for Reevaluation of the Hot Springs Creek Tunnel. 12 Proposed Resolution No. R-08-101Waiving the Field Use Fees for the Senior Arkansas Sports Organization (Senior Softball Qualifying Tournament) to be Held at Kimery Park on June 19 Through June 22, 2008, and Family Park and Whittington City Park (Arkansas Senior Games) on September 17 Through September 21, 2008. 13 Proposed Resolution No. R-08-102 Authorizing the Mayor to Execute a Lease Agreement with the Community Service=s Office, Inc. for Certain Property (111 Torrence). 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@: 3 Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. PUBLIC HEARING 14 Public Hearing Vacating a Portion of an Unnamed Alley in Cains Subdivision of Block 52 of the Hot Springs Reservation This being the time and date set for a public hearing on the petition to vacate a portion of an unnamed alley in Cains Subdivision of Block 52 of the Hot Springs Reservation, Mayor Bush declared the public hearing open. Attorney Ray Owen, Jr., 110 Leigh Circle, with office at 209 Hobson, spoke in favor of the alley vacation. He stated all of the adjacent property owners have approved it, and he has talked with Sanitation Director Bill Burrough, who indicated it should not be an issue. He also said it accommodated the needs of the Jackson House and the owner across the alleyway from the Jackson House. City Attorney Brian Albright asked if the alleyway between the Jackson House and its Thrift Store will remain open, and Mr. Owen advised that it would. There being no further comments, Mayor Bush declared the public hearing closed. NEW BUSINESS 15 Proposed Ordinance No. O-08-35 An ordinance entitled, AAN ORDINANCE VACATING A PORTION OF AN UNNAMED ALLEY LOCATED IN CAINS SUBDIVISION,@ was taken from the agenda for consideration. A motion was made by Director Smith, duly seconded by Director Maruthur, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the Board of Directors Meeting 4 May 5, 2008 at 7:00 P.M. 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; 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 16 Special Public Safety Report - Installation of Crosswalk for Oaklawn Employees to Cross from the New Employee Parking Lot Mid-Block on Golf Links Between Harvest Lane and Martha Lane. (Removed from the Agenda) 17 Request from Richard Braughton, Sandy Scott, Dick Antoine, and Bette Volland Regarding Animal Services Issues Mr. Richard Braughton, 211 Ironwood, speaking for the Animal Services Advisory Committee, stated the committee is trying to get a full-time position and up to three part-time personnel. He pointed out there has been a 30 percent increase in size of the Animal Services Department since 2002, but there has been no increase in personnel. He stated that 52.8 percent of the dog intake is from the County; and at the present time, they are providing from 23 to 28 percent of the current budget of Animal Services. He added that approximately $15,000 a year is being spent on overtime. He stated the partnership agreement with the County expired about two years ago, and the committee is requesting that City Manager Kent Myers, Public Works Director Steve Mallett, and Chief Animal Services Officer Dan Bugg, and anyone else they deem necessary meet with the County Judge in order to update the agreement. He said either they are going to have to limit services, or another agreement will need to be proposed because the City is taking in a majority of the county animals. He mentioned the County has a majority of the population but is not providing a majority of the support. He noted that is for the full-time person the City is requesting, and the one to three part-time personnel will come in with the $15,000 of overtime. He said they would like to get an individual just a part-time slot so they could put somebody in there. He mentioned a full-time individual costs about $23,000 a year or $30,000 a year, including training and benefits; but a part-time person is not necessarily going to need the benefits to go along with it. He said the City could get about one-half to two-thirds full-time individual based on part-time hours using the overtime that is currently being taken. He advised they plan to return to the Board at midyear budget with some exact Board of Directors Meeting 5 May 5, 2008 at 7:00 P.M. figures and numbers on how much it would cost to get one of these, which really should not cost anything because the City is currently paying overtime to someone else. Director Maruthur commented this is overdue and is very needed. Mr. Braughton stated the next issue is the licensing clerk; and currently, Animal Services receives about $40,000 is revenue from licenses coming in from the veterinarians. He said they would like to see getting a full-time position, noting $30,000 would be the cost (pay, training, and benefits). However, this position could increase the revenues of the City by another $40,000. He pointed out the City is gaining $10,000 by hiring one other individual. He said they know it is not feasible for this person to raise $40,000 in the first year; however, they think it is a good idea. He stated they would like to return to the Board at midyear budget and propose that the City get a licensing clerk for Animal Services. Director Smith questioned if they considered a part-time for this position or if it has to be a full-time position, and Mr. Braughton said that it could be a part-time. He added they could try it out part-time and then go to a full-time if they need to depending on the revenues that are raised. He stated that he could mention that to the advisory committee and see what they propose; and when they return to the Board at midyear, they could potentially go for a part-time position. Director Smith also asked that the duties be explained. Mr. Bugg advised that the current animal licensing in the community has remained flat for the last nine years, and Animal Services sells approximately 4,000 licenses a year. He pointed out there is no growth in it due to the fact that the veterinarians do the managing of it, which means if individuals want to get their pet vaccinated and a city resident and do not ask for a license, they quite often are not offered the opportunity to buy one because many people do not know they can buy a license. He stated the City gets all of the rabies certificates from the veterinarians for every animal vaccinated in Garland County. If there was a licensing clerk, that clerk could go through every one of them and pick out the ones that live in the City and mail them a reminder that there is an ordinance requiring a license and advise them of the steps needed to complete the process. Therefore, the City does not have any control over the licensing program and does not manage it, but the licensing clerk would do that. He noted that the licensing will probably double the first year or two because there are so many people who are not aware of it. He added the job description would be to monitor all of the rabies vaccinations coming in for compliance; and those that do not comply, send them a reminder and ask them to get their pet license. Board of Directors Meeting 6 May 5, 2008 at 7:00 P.M.  Director Weatherford asked why he thinks it would double, and Mr. Bugg advised that in looking at the national numbers based on animal ownership in communities, about 37 percent of the people in any community, nationwide own pets. Director Weatherford stated if the veterinarians are taking care of it now and if individuals take their pets to a vet, they are not going to treat the animal unless they have a license. He pointed out that his veterinarian does not. He said all of his dogs are licensed, and they tell him exactly when they are due. Mr. Bugg replied that most people get reminders from the veterinarians, which is usually for a rabies vaccination; but some people just do not opt to get it done. Director Weatherford pointed out that if they do not do it, the veterinarian will not see the dog, at least his will not. Director Weatherford said that he cannot believe that it will double. He stated there may be many dogs that do not go to a veterinarian; but if they do not go to a veterinarian, they are not coming to get their tags either. Mr. Bugg said that the largest percentage that comes into the shelter have no tags, have never been vaccinated, or people cannot find their vaccination, or the person who owned it before got it vaccinated, which he needs to get it into the system. He reported there are many that come through his office through the City=s rabies certificates where a good percentage are city residents, who have not licensed their pets. Director Maruthur asked if the cooperative effort with the County is that for vicious dogs, and Mr. Bugg advised that it is for animal control activities, for picking up and impounding dogs, and for spotting animal bites. He said that many times the City gets involved in livestock issues in the County; but if it has something to do with an animal, the City usually gets a call for it. Director Maruthur questioned the agreement that pertained to the vicious dogs; and Mr. Bugg advised that on after-hours call, an officer will come out after the shelter is closed and that is on call; and the City responds to animal bites, injured animals, vicious animals, etc. Mayor Bush suggested when the Board is ready for the midyear budget, the Animal Control Advisory Committee appear before the Board; and the Board will consider these issues at that time. Board of Directors Meeting 7 May 5, 2008 at 7:00 P.M.  Mr. Dick Antoine, a member of the Animal Control Advisory Committee, said instead of them asking for money, they are coming with solutions. He pointed out this is will pay for itself so the City is going to get its money back. He said it is loan for the first year, but the City will get all of that money back. Director Maruthur pointed out there is a cost up-front, but it is cost-effective. Mr. Braughton said that is correct, and increased revenues by a positive $10,000 is what they plan. He stated the last issue is the gas line, and Mr. Bugg has projected to use about $30,000 in natural gas this year and/or next year. He explained methane is a byproduct that is currently being burned at the wastewater treatment plant and is a wasted resource that potentially could be used by Animal Services. He said Animal Services currently does not have the funds to pay for a feasibility study. He advised from several people talking to others, chemists, etc., methane can be used in place of natural gas to run the furnace. He added it varies in temperature more than natural gas, and that is one of the drawbacks; also it is dirtier; therefore, there will have to be different scrubbers and is going to burn out some of the ignitors and other components that are currently out there. However, if they can use this resource that is already being burned and can save $30,000 natural gas, they may only have to spend a couple thousand a year replacing those parts that are going to be burned out. He said they are estimating around a net gain of $30,000 a year if this can be accomplished. In today=s green world, he mentioned the committee is looking at trying to save the City and the taxpayers about $30,000 a year in natural gas costs. If this works, he stated Mr. Bugg has other ideas how other areas in the City can use this same resource. He noted the problem is that they do not have the funding because they are using the $50,000 at the present time on the dog park. He said they may come back to the Board with some more exact figures and numbers at the midyear budget to see how much it will cost just to get a feasibility study. Mayor Bush requested that he bring the number back to the Board at midyear budget on the cost of a feasibility study. There being no action taken on this item, Mayor Bush called for the next order of business. 18 Proposed Ordinance No. O-08-36 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING PROPERTY ON Board of Directors Meeting 8 May 5, 2008 at 7:00 P.M. HONEYCUTT TO MANUFACTURED HOME OVERLAY,@ was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Maruthur, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Edwards, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, advised that the applicant, Ms. Rose Wiggins, would like to create a new manufactured home overlay district on three undivided acres zoned Rural Residential, which is on Honeycutt Road near where it intersects with Chattanooga Street and Waine Place. She said if this zoning is approved, manufactured housing will become an allowed use subject to setback requirements of the underlying zoned district and to other applicable rules and regulations. The Planning Commission held a public hearing on April 10, 2008, and unanimously recommended approval. City Attorney Brian Albright pointed out this will still be R-1, which is the smallest density. 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. 19 Proposed Ordinance No. O-08-37 An ordinance entitled, AAN ORDINANCE AMENDING ORDINANCE NO. 5311 BY REVISING THE QUALIFICATIONS FOR MEMBERSHIP ON THE HISTORIC DISTRICT COMMISSION,@ was taken from the agenda for consideration. A motion was made by Director Edwards, 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 9 May 5, 2008 at 7:00 P.M. and upon motion of Director Jones, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, advised this is a request from the Historic District Commission to amend the section of the Hot Springs Code regarding membership qualifications on the Commission. She advised the Code gives specific mission and membership qualifications, including representation from two members for each of the locally recognized historic districts. However, that section does not provide for a situation where there is a lack of applicants from a specific district. She stated currently there has been a vacancy for almost a year, which has caused some problems with regard to having meetings because there is not a quorum available. She said this proposal would allow that under extraordinary circumstances where there has been a good faith recruitment effort made, and there has been a vacancy for six months or longer, an extraordinary appointment can be made. She pointed out this will be a one-time only appointment, and the person would not be eligible for reappointment. The Planning Commission heard this item in April and voted 6 to 0 to recommend that the Board approve this ordinance. Director Maruthur questioned which position have they been unable to fill, and Ms. Sellman advised that it is Pleasant Street. Director Maruthur pointed out this is what she has been stressing about the City=s pool of applicants. Mayor Bush asked if someone from anywhere in the City can apply, and Ms. Sellman replied that is correct. She added someone from anywhere in the City who is eligible otherwise for appointment could be considered for one of these designated seats. City Attorney Brian Albright asked if it will be to serve out the unexpired term of the open position, and Ms. Sellman replied that it would. City Attorney Brian Albright questioned if she was expecting this to take in the last six months, not go six months from this day forward but to be somewhat retroactive; and Ms. Sellman replied that it would. She added it is fixed to the position being vacant for a period of six months. Mr. Ed Tallach, 529 Belvedere Drive, Chairman of the Historic District Commission, commended Mr. Rick Stauder, city staff, stating the Commission has had excellent production from him on some very sensitive issues. He invited the Directors to attend their meetings, which are held on the third Thursday of the month in the Board Chambers at 8:30 a.m. Board of Directors Meeting 10 May 5, 2008 at 7:00 P.M.  Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the ordinance was declared passed. 20 Proposed Ordinance No. O-08-38 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE (ORDINANCE NO. 5158, AS AMENDED) BY REVISING THE REQUIREMENTS REGARDING THE MAXIMUM HEIGHT OF BUILDINGS,@ 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 Smith, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, said this is a request from Rich Smith Development, which is proposing a text amendment to the R-4 zone district; and this would allow a residential building in that zone district to exceed the 35-foot maximum if the building is set back from each yard line at least one foot for each additional foot that the building exceeds the height limit. She noted this does not increase the number of stories for a building and is still limited to three stories. Also, it does not increase the maximum allowed density. She mentioned today=s apartment development often features peaked roofs, and this is more compatible with single-family development that may be around it. She stated the Comprehensive Plan goals include providing opportunities for a variety of quality residential development and specifically identify the idea of raising the overall quality of residential development and neighborhoods. The Planning Commission heard this item on April 10 and unanimously recommended that the Board approve this amendment. Director Smith asked if setbacks for heights was the only trade-off, and Ms. Sellman advised that it is setback from each of the edges of the property. Director Smith asked if there was a formula, and Ms. Sellman stated it is one to one. Board of Directors Meeting 11 May 5, 2008 at 7:00 P.M.  Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Daniel; motion unanimously carried. Whereupon the ordinance was declared passed. OTHER BUSINESS 21 Board of Directors Items Director Edwards commended the Water Department for their rapid response to a water leak on Sixth and Hobson. Director Smith expressed appreciation to citizens in District 3 who participated in the Spring Fling clean-up. Two locations were involved (Jones School and the Quapaw Community Center). He also thanked the Sanitation Department, especially Tonya Cochran, residential supervisor, who did an outstanding job. This past Saturday, he and City Manager Kent Myers attended an event at the Armory, located across from the National Park Community College. The 296th Medical Company is stationed there, and they held their first annual family civic leadership day event. He reported there are about 75 soldiers stationed there, and 40 of them are currently deployed to Iraq. He stressed that they need everyone=s support and want to connect with the community. He thanked Captain Miller and Sergeant Young, who gave a tour. Director Jones, speaking on behalf of the Pleasant Street Association, stated they had individuals from the Farmers= Market in attendance. She expressed appreciation to Ms. Cynthia Keheley for her support and thanked the members who helped fry fish (the Soul Stars). She said they belong to a motorcycle club, and four or five of them showed up and did all the work. Director Maruthur said there is a video that someone developed, but it is a sign of appreciation for the military. She stated when anyone sees somebody from the military and wants to show their appreciation, they make a certain gesture. She added that she will send it to all the Board Members and the press. She then read a poem she wrote entitled, AFree to Think.@ The Board commended Director Maruthur on her poem. 22 City Manager=s Report Board of Directors Meeting 12 May 5, 2008 at 7:00 P.M.  City Manager Kent Myers gave the following report: 1. On the Consent Agenda, the Board appointed Doug Arnold, who replaces Mr. Rico Harris, to serve as the architectural representative on the Historic District Commission. The Board approved a contract with ATOKA Engineering in an amount of $17,503. This contract is to reevaluate the conditions of the Hot Springs tunnel. ATOKA did a study in 2000; and over the last eight years, conditions have changed in the tunnel. The reevaluation should be done within the next several months, and that report will be presented to the Board later this year. 2. He recognized Ms. Jean Wallace, Parks and Recreation Director, who had a complimentary article with a picture in The Sentinel-Record=s new magazine, Go Magazine. In The Sentinel-Record last week, Firefighter Keith Goss was recognized by the Sons of the American Revolution for the Fireman=s Medal for his professionalism and devotion to duty. He received this award at the Central Fire Station. 3. The Farmers= Market started this last Saturday. It is also open on Tuesdays and Thursdays every week through October and is located at the Transportation Plaza. They generally set up around 6 a.m. and are sold out by about 10 a.m. or 11 a.m. 4. Art in the Park will be held this Saturday and Sunday at Hollywood Park and has grown to be a major event over the Mother=s Day Weekend. On Saturday, it will be open from 10 a.m. to 5 p.m., and on Sunday, from 11 a.m. to 4 p.m. This is coordinated by Bea Arline, Recreation Manager, and the Recreation staff. 5. A notice was distributed last week that the City is soliciting names of individuals in the community who are interested in traveling to Hanamaki, Japan. There is a group that goes back to Hanamaki once a year, usually in September or October; and if anyone is interested, they may contact Mr. Bill Solleder, Sister City Coordinator, or Terry Payne, Public Information Officer. Director Maruthur questioned the cost for those interested in traveling to Hanamaki, and City Manager Kent Myers advised he does not have an exact number because the airline costs are increasing; but the latest estimate is between $3,000 and $3,500. Board of Directors Meeting 13 May 5, 2008 at 7:00 P.M.  Director Edwards questioned the status of the National Baptist Hotel on Malvern, and City Manager Kent Myers advised that he talked with Mr. Anthony Taylor today, who advised him that they did major repairs on the roof. However, there are still a few items that have to be completed as part of Phase I; but he did not know when those might be completed. He stated it is 98 percent completed, and the City is perplexed on why Mr. Dean Baxter does not complete it. However, he has not talked to Mr. Baxter in several months. Mayor Bush asked if they are working inside the building, and City Manager Kent Myers advised that they were up until about a week ago. Director Weatherford added there have been several trucks there everyday for the last month or so. Director Jones said she understood that it is the bank that is doing it, not Mr. Baxter. City Manager stated they paid for the roof because they wanted to protect their investment, and Mr. Baxter is also looking at additional funding to complete Phase II so that is underway. 23 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 7:50 p.m., to meet again on Monday, May 19, 2008, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 14 May 5, 2008 at 7:00 P.M.