Board of Directors
Regular MeetingHot Springs, AR · April 20, 2010
Minutes
MINUTES
BOARD OF DIRECTORS MEETING
APRIL 20, 2010, AT 7:00 P.M.
The regular meeting of the Board of Directors was held on Tuesday, April 20,
2010, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding.
The invocation was given by Mr. Jimmy Young, 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,
Cynthia Keheley, Pat McCabe, Rick Ramick, Tom Daniel, and Mike Bush, total 7.
2 Approval of Agenda
A motion was made by Director Daniel, duly seconded by Director Maruthur, that
the agenda be approved; and upon voice vote, the motion unanimously carried.
3 Approval of Minutes of April 6, 2010 Board Meeting
A motion was made by Director Maruthur, duly seconded by Director Ramick,
that the minutes of the April 6, 2010 Board Meeting be approved; and upon voice vote,
the motion unanimously carried.
4 Recognition of Guests
Mayor Bush recognized Attorney Q. Byrum Hurst, Jr., who presented the Q.
Byrum Hurst, Sr. Law Enforcement Achievement Award to Sergeant Johnnie Mann,
retiring after 20 years of service with the Police Department. He mentioned they
graduated from Hot Springs High School and played football together. He pointed out
that Sergeant Mann, after graduating from school, had to look for job opportunities in
law enforcement in other cities. He said that his dad, Q. Byrum Hurst, Sr., was always
concerned that Hot Springs needed to provide job opportunities so that dedicated
policemen and others would not have to leave like Sergeant Mann in order to find
employment. Sergeant Mann returned to Hot Springs and had spent 40 years
outstanding years in law enforcement with 20 years being in Hot Springs. He said the
City should dedicate itself to provide graduates of every high school in the city and
county the opportunity to work in the city, and that should be a goal to provide that
opportunity. At this time, City Manager Lance Hudnell also presented a plaque to
Sergeant Mann for 20 years of dedicated service to the Hot Springs Police Department
from November 15, 1989, to April 16, 2010. He said it has been a privilege and
pleasure to have worked with Sergeant Mann for 20 years, having worked closely in
traffic issues and on the public safety committee.
Sergeant Johnnie Mann said he was given the opportunity to work for the
Police Department by former Police Chief Martin White, who called him when he was
District Captain in New Orleans, Louisiana, with 490 men working under him. He said
that he loves Hot Springs and he and his wife, Darlene, plan to remain in the City.
5 Board of Directors Announcements
Director Keheley stated that today the City of Hot Springs and Hot Springs
National Park Service received a very special honor with the historic release of the Hot
Springs National Park Quarter and the launching of the national circulation as a part of
the United States Mint, America the Beautiful Quarters. She noted that hundreds of
adults and children came out and joined together at Reserve and Central this morning
to participate, celebrate, and purchase these first coins. She said it is estimated that
25 million to even 1 billion, according to The Sentinel-Record, of the Hot Springs coins
will be minted. She mentioned Hot Springs is the first in a series of 56 to be minted
over the next 12 years. She said the fact that these quarters will be circulated all over
America means that Hot Springs will reach people it can never reach through
advertising.
Director Maruthur announced that Spring Fling will be held on Saturday and
Sunday, April 24 and April 25. There was a clean sweep collection in District No. 1; and
there was a total of 69 code violations that were issued; 52,800 pounds were
miscellaneous; 31,840 pounds were brush; 1,380 pounds were litter;
1,780 pounds were tires; and 403 packets were delivered door-to-door.
She reported the First Annual Spa City Slam Baseball Tournament,
sponsored by the Hot Springs Boys and Girls Club, will be held on
Saturday and Sunday, April 24 and April 25; and 32 teams from the
ages of 8 to 12, both state and nationally ranked, will be competing.
2
She pointed out there will be approximately 1,500 parents,
grandparents and friends who will be coming to the community. Also,
the public is welcome to attend; and a small admission will be
required.
6 Acknowledgment of the Financial Statements for March 2010
Mayor Bush announced that the Financial Statements for March 2010 are on file
in the Finance Department for review by the Board and the public.
CONSENT AGENDA
The Consent Agenda consisted of the following:
7 Public Safety Committee Report (April 6, 2010).
8 Proposed Resolution No. R-10-81 Approving Certain Bid Awards (a) Float
Switches - Utility Administration [annual supply contract awarded to Instrument
and Supply - final contract extension; (b) Stator Rewind - Utility Administration
[annual supply contract awarded to Lynn’s Electric Motor Service - final contract
extension]; and (c) Materials for Utilities - Utility Administration [awarded to
Arkansas Water Products in the amount of $7,650.56; Consolidated Pipe in the
amount of $13,266.30; and Ferguson Waterworks in the amount of $3,393.25].
9 Proposed Resolution No. R–10-82 Authorizing the Mayor to Execute a Lease
Agreement Between the City of Hot Springs, Arkansas, and Pinnacle View
Inspections, Inc. for Office Space in the Terminal Building at the Airport.
10 Proposed Resolution No. R-10-83 Awarding a Contract and Bid Award to
Speidel Construction, Inc. for the Repainting of Markings on Runway 5/23 at the
Airport.
11 Proposed Resolution No. R-10-84 Authorizing the Filing of a Grant Application
with the Arkansas Historic Preservation Program for Training and Travel
3
Expenses for the Historic District Commissioners and Staff; and to Retain a
Consultant to Conduct a Historical/Architectural Survey.
12 Proposed Resolution No. R-10-85 Approving a Certain Street (Apple Blossom
Way) in Forest Lakes Subdivision.
A motion was made by Director Jones, duly seconded by Director Ramick, that
the Consent Agenda be approved.
Upon discussion, Mr. George Pritchett, 125 Carl Drive, expressed appreciation to
those who have worked on the Public Safety Task Force. He pointed out whatever
recommendations the Board takes, it is imperative that to deal with Policemen and
Firemen Retirement Funds if the City expects any support from the public. He noted
that in approximately six months, the Board will be working on the 2011 budget; and
Public Safety is a big part of that. He pointed out the City still have over 600
employees and 530 vehicles, and the Board does not have many places to look but
people in that process. He added that all outside agency funding is a good thing to
start thinking about.
Mayor Bush then called for a vote on the motion to adopt the Consent Agenda;
and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Keheley,
McCabe, Ramick, Daniel, and Bush, total 7; motion unanimously carried.
PUBLIC HEARING
13 Public Hearing on Petition to Vacate All of Meadow Wood Lane Located in
Meadow Wood Subdivision
This being the time and date set for a public hearing on a petition to vacate all of
Meadow Wood Lane located in Meadow Wood Subdivision, Mayor Bush declared the
public hearing open.
There being no comments, Mayor Bush declared the public hearing closed.
NEW BUSINESS
14 Proposed Ordinance No. O-10-22
Board of Directors Meeting 4 April 20, 2010 at 7:00 P.M.
An ordinance entitled, “AN ORDINANCE VACATING ALL OF MEADOW WOOD
LANE LOCATED IN MEADOW WOOD SUBDIVISION,” was taken from the agenda for
consideration.
A motion was made by Director Ramick, 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 “Shall the ordinance be passed as read?”
and upon motion of Director Jones, duly seconded by Director Maruthur, that the
ordinance be passed as read; and upon roll call, the following voted “aye”: Directors
Maruthur, Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 7; motion
unanimously carried. Whereupon the ordinance was declared passed.
15 Proposed Resolution No. R-10-86
A resolution entitled, “A RESOLUTION APPROVING THE SUBMISSION OF
APPLICATION(S) TO THE ARKANSAS DEVELOPMENT FINANCE AUTHORITY
(ADFA) FOR THE HOME PARTNERSHIP PROGRAM (HOME) FOR THE PURPOSE
OF NEW AFFORDABLE HOUSING CONSTRUCTION GRANT(S) AND APPROVING
THE ACQUISITION OF CITY PROPERTIES THROUGH DONATION OR
FORECLOSURE,” was taken from the agenda and read by title only.
A motion was made by Director McCabe, duly seconded by Director Ramick, that
the resolution be adopted as read.
Upon discussion, Mr. Gerald Harman, Community Development Administrator,
advised there was a resolution adopted previously for the actual application; and this
resolution is the addition of the acquisition of property through donation or foreclosure to
allow the City Manager or his designee to do that.
Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the
following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel,
and Bush, total 7; motion unanimously carried. Whereupon the resolution was
declared adopted.
16 Proposed Resolution No. R-10-87
Board of Directors Meeting 5 April 20, 2010 at 7:00 P.M.
A resolution entitled, “A RESOLUTION ALLOWING THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) TO EXCEED THE MAXIMUM
SUBSIDY OF $25,000 FOR EXTRAORDINARY ROOF REPAIRS AT 119 FLORENCE
STREET,” was taken from the agenda and read by title only.
A motion was made by Director Jones, duly seconded by Director Ramick, that
the resolution be adopted as read.
Upon discussion, Mr. Gerald Harman, Community Development Administrator,
advised this is to repair some roof damage to the decking underneath the shingles; but
it does not need a complete roof. He mentioned there was rehabilitation to this home in
2006, and there was some damage to the decking, which has caused the shingles to
buckle. He said that sections need to be repaired or replaced where the damaged
decking is located and also install some soffit vents to give additional ventilation. He
advised this is a CDAC recommendation, as well as a HUD recommendation.
Director Daniel questioned if the amount of money that is being requested now
included in the money that was spent two years ago to make it go over the $25,000 or
does $25,000 need to be spent now. Mr. Harman explained that between $1500 and
$4000 needs to be spent now depending on how much of it can be saved and how
much will have to be replaced.
Director Maruthur said at the agenda meeting, this was discussed at length; and
this is to protect the City’s investment.
Ms. Kathi Cosby, 119 Florence, said she did not have any more information to
add to what Mr. Harman stated. She then distributed photos of the house.
Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the
following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel,
and Bush, total 7; motion unanimously carried. Whereupon the resolution was
declared adopted.
17 Proposed Resolution No. R-10-88
A resolution entitled, “A RESOLUTION ALLOWING THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) TO EXCEED THE MAXIMUM
SUBSIDY OF $25,000 FOR ADDITIONAL REHABILITATION AT 202 WREN STREET,”
was taken from the agenda and read by title only.
Board of Directors Meeting 6 April 20, 2010 at 7:00 P.M.
A motion was made by Director Ramick, duly seconded by Director Maruthur,
that the resolution be adopted as read.
Upon discussion, Mr. Gerald Harman, Community Development Administrator,
stated this request is for additional rehabilitation at the homeowner’s request due to the
high cost of heating the house. He added when rehabilitation was done previously, the
attic and crawl space were insulated. He said that $23,000 is currently invested in the
house. He advised that the homeowner is requesting vinyl siding and insulation on the
exterior walls, which currently have no insulation because of the age of the home. He
added there has been a roof leak that has appeared since the previous rehabilitation,
and the homeowner is requesting a new roof, as well as CDAC and staff. He stated
the approximate cost of this will be $11,000 to $14,000 for the siding and new roof.
Ms. Jo Etta Laswell, 202 Wren, stated the house has no insulation in the walls;
and she had been staying in the living room because of no heat. She said she needs a
new roof and asked that the Board approve her request.
Mayor Bush questioned the appraised value of the home, and Mr. Harman
advised that it is a little over $48,000.
Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the
following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel,
and Bush, total 7; motion unanimously carried. Whereupon the resolution was
declared adopted.
18 Proposed Ordinance No. O-10-23
An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE TO
REMOVE CERTAIN PARCELS OWNED BY LAKESIDE SCHOOL DISTRICT FROM
THE MALVERN AVENUE OVERLAY DISTRICT MAP, CITY OF HOT SPRINGS,
ARKANSAS,” 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 “Shall the ordinance be passed as read?”
and upon motion of Director Jones, duly seconded by Director Ramick, that the
ordinance be passed as read.
Board of Directors Meeting 7 April 20, 2010 at 7:00 P.M.
Upon discussion, Ms. Kathy Sellman, Planning and Development Director,
advised this has been heard as an appeal; and the Planning Commission’s
recommendation is to deny this amendment. She stated this application came from
Director Tom Daniel, who is seeking a change that would remove properties owned by
the Lakeside School District from the Malvern Avenue Overlay Zone District. She said
the subject property is in three, separate underlying zoning classifications: R-1, Rural
Residential; R-2, Suburban Residential; and C-3, Office/Neighborhood Commercial. She
noted the Malvern Avenue Overlay District was adopted and became effective early in
2003. These regulations placed additional requirements on developments located within
any portion of the overlay zone, and that is with the exception of single-family residential
development.
She pointed out the purpose of establishing this district is to protect and enhance the
visual appearance and character, promote traffic safety, and maintain harmony with
adjacent residential neighborhoods along Malvern Avenue. She commented that
legislation is the prohibition on commercial developments or nonresidential
developments from exceeding 15,000 square feet in gross floor area. The passage of
the Malvern Overlay District made school district structures in excess of 15,000 square
feet legal, nonconforming structures. Should this zone change be approved, proposed
additions or additional structures on this campus still would require Article II Site Plan
review because of its E (Educational) occupancy classification in the Building Code.
Conditional Use approval also is a requirement for campus expansion, and proposed
sign installation at the campus is primarily zoned Residential. She advised that the
staff finding and recommendation to the Planning Commission is that the Lakeside
School District pre-dates the adopted Malvern Avenue Overlay District regulations; and
as a result, many of the structures on campus are now legal, nonconforming structures.
She mentioned even though the vast majority of the campus existed prior to March
2003, the architecture of the structures, as well as landscaping, substantially comply
with present day Malvern Avenue Overlay regulations. She noted the campus has
long been a part of the community, and its visual appearance and character set the tone
for the south end of Malvern Avenue. Also, the campus is an enhancement to the City.
She advised the Planning Commission voted unanimously to recommend to the Board,
following a public hearing on March 11, 2010, to deny an ordinance approving the
Malvern Avenue Overlay District Zoning Map Amendment for the 20 acres involved
because removing the parcels from an Overlay District sets a precedent for removing
single properties from a zone district. Also, amending the Overlay District to allow
buildings larger than 15,000 square feet and to allow electronic signs is another way of
accomplishing Lakeside’s and the City’s goals. She said the recommendation is to
deny the zone change request to revise the Malvern Overlay District to remove a portion
Board of Directors Meeting 8 April 20, 2010 at 7:00 P.M.
of the campus in the 2800 and 2900 blocks of Malvern Avenue.
At this time, a motion was made by Director Daniel, duly seconded by Director
Keheley, that the ordinance be amended by adding the following Section 3: “The
Conditional Use Application (CU-09-0024), as submitted by Lakeside School District No.
9, on February 24, 2009, is hereby approved”; and upon roll call, the following voted
“aye”: Directors Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 6. Voting
“no”: Director Maruthur; motion carried.
Mayor Bush then called for a vote on the motion to adopt the ordinance, as
amended; and upon roll call, the following voted “aye”: Directors Maruthur, Jones,
Keheley, McCabe, Ramick, Daniel, and Bush, total 7; motion unanimously carried.
Whereupon the ordinance was declared passed, as amended.
19 Proposed Ordinance No. O-10-24
An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE OF
THE CITY OF HOT SPRINGS, ARKANSAS (ORDINANCE NO. 5158, AS AMENDED),
TO ALLOW CERTAIN ELECTRONIC CHANGEABLE COPY SIGNS WITHIN THE
MALVERN AVENUE OVERLAY DISTRICT AND DELETING THE “PERMITTED LAND
USES” SECTION WITHIN THE MALVERN AVENUE OVERLAY DISTRICT, CITY OF
HOT SPRINGS, ARKANSAS; AND FOR OTHER PURPOSES,” was taken from the
agenda for consideration.
A motion was made by Director Daniel, duly seconded by Director Ramick, 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 “Shall the ordinance be passed as read?”
and upon motion of Director Daniel, duly seconded by Director Jones, that the
ordinance be passed as read.
Upon discussion, Ms. Kathy Sellman, Planning and Development Director,
advised this is a request by Planning Commissioner James Clopton to seek a text
amendment to the Malvern Overlay District. She stated this is to remove the
prohibition on electronic signs and also to delete Section 16-2-65(g) - Permitted Land
Uses, which lists uses and also caps commercial developments not exceeding 15,000
square feet in gross floor area. The Planning Commission advertised this proposed
amendment and held a public hearing at their regularly scheduled April 9, 2010
meeting. They considered public testimony and made certain changes to
Board of Directors Meeting 9 April 20, 2010 at 7:00 P.M.
Commissioner Clopton’s proposal, and they recommended 7-0 that the Board approve
an ordinance amending the regulations. Their change to the original proposal was to
remove the blanket prohibition on electronic changeable copy signs while still prohibiting
signs that are animated, blink, flash or contain moving digital copy. It eliminates the list
of uses and a commercial development square footage cap of 15,000 square feet. The
proposal does not affect underlying zone district regulations or requirements, and the
remaining Malvern Avenue Overlay District regulations remain in effect. The finding
was that the purpose of the Malvern Avenue Overlay District is not harmed by the
subject amendment, and the change is consistent with the objectives of the Zoning
Code and the Plans adopted by the Planning Commission and meets the requirements
of the Hot Springs Zoning Code. The recommendation is to approve the ordinance.
Director Maruthur stressed that the City does not want to see anyone injured or
anything happen because of things distracting people while they are driving.
Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the
following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel,
and Bush, total 7; motion unanimously carried. Whereupon the ordinance was
declared passed.
20 Proposed Ordinance No. O-10-25
An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE OF
THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING PROPERTY LOCATED IN
THE 100 BLOCK OF ALCORN STREET DESCRIBED AS LOTS 7 AND 8, BLOCK 9
OF MORRISON AND BELDING SUBDIVISION FROM R-4, MEDIUM-HIGH DENSITY
RESIDENTIAL DISTRICT TO C-TR, COMMERCIAL TRANSITION DISTRICT; AND
AMENDING THE FUTURE LAND USE MAP BY RECLASSIFYING CERTAIN REAL
PROPERTY IN THE 100 BLOCK OF ALCORN STREET,” was taken from the agenda
for consideration.
A motion was made by Director Ramick, 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 “Shall 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, Ms. Kathy Sellman, Planning and Development Director,
Board of Directors Meeting 10 April 20, 2010 at 7:00 P.M.
advised that the owner and applicant is First Step, Inc., which is seeking C-TR,
Commercial Transitional zoning for two lots in Block 9 on Alcorn Street; and the
proposed use stated by the applicant is for a preschool classroom that is about 1/3 of an
acre. The Planning Commission held a public hearing on April 8, 2010 and accepted
the staff recommendation and findings. Those findings were that the requested C-TR
zoning classification would be consistent with the remaining First Step campus complex
and existing development plans. The C-TR zoning is consistent with the
Comprehensive Plan Future Land Use Map designation of Commercial Enclave; and if
the subject property is so designated, the zoning change is consistent with the
objectives of the Zoning Code plans adopted by the Commission and not based
exclusively on the applicant’s desire to increase the value or income potential of the
property. The Planning Commission is unanimously recommending that the Board
approve the rezoning of the subject property to C-TR, Commercial Transitional, and to
amend the Future Land Use Map to designate the property as Commercial Enclave.
Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the
following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel,
and Bush, total 7; motion unanimously carried. Whereupon the ordinance was
declared passed.
21 Proposed Ordinance No. O-10-26
An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE OF
THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING PROPERTY LOCATED IN
THE 200 BLOCK OF TENNESSEE STREET DESCRIBED AS SOUTH ½ OF LOT 17,
AND ALL OF LOTS 18 AND 19, BLOCK 8 OF GORGE ADDITION AT 244
TENNESSEE STREET FROM R-4, MEDIUM-HIGH DENSITY RESIDENTIAL
DISTRICT WITH MANUFACTURED HOME OVERLAY DISTRICT TO M-1, LIGHT
MANUFACTURING DISTRICT; AND AMENDING THE FUTURE LAND USE PLAN
MAP BY RECLASSIFYING CERTAIN REAL PROPERTY IN THE 200 BLOCK OF
TENNESSEE STREET,” was taken from the agenda for consideration.
A motion was made by Director Jones, duly seconded by Director Keheley, 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 “Shall the ordinance be passed as read?”
and upon motion of Director Jones, duly seconded by Director Maruthur, that the
ordinance be passed as read.
Board of Directors Meeting 11 April 20, 2010 at 7:00 P.M.
Upon discussion, Ms. Kathy Sellman, Planning and Development Director,
advised that the property owners are Wade Beams and Leo Castleberry, who are
requesting M-1, Light Manufacturing, for 2½ lots in the Gorge Addition at
approximately 244 Tennessee Street. The proposed use noted by the applicant is a
warehouse for a roofing company. All residential use types are allowed in the R-4
district, but the subject property has not been developed over the years. The
requested M-1 zoning classification would be a logical expansion of the adjacent M-1
zone and not an encroachment of dissimilar land uses into an established residential
neighborhood. The desired M-1 zoning is consistent with the Comprehensive Plan
Future Land Use Map Designation of Industrial; and if the subject property is so
designated, then the zoning change is consistent with the objectives of plans adopted
by the Commission and not based exclusively upon applicant’s desire to increase the
value or income potential of the property. The Planning Commission conducted a public
hearing on April 8, 2010, and heard testimony and unanimously recommends that the
Board approve the rezoning of the subject property to M-1 and also to amend the Future
Land Use Map to designate the property as Industrial because the application
demonstrates compliance with the Hot Springs Code.
Director Maruthur questioned if there were any residents at the Planning
Commission meeting in opposition, and Ms. Sellman replied there were some residents
who had concerns that did not directly relate to this request in anyway. Director
Maruthur pointed out that the City has a certain amount to satisfy its SOB obligations;
and by zoning this M-1, it will help satisfy that SOB. City Attorney Brian Albright
advised that is correct and raises the percentage that is available for that.
Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the
following voted “aye”: Directors Maruthur, Jones, Keheley, McCabe, Daniel, and Bush,
total 6. Director Ramick was out of the Board Chambers and did not cast a vote;
motion carried. Whereupon the ordinance was declared passed.
22 Presentation by Finance Director Dorethea Yates of First Quarter Financial
Report for 2010
Ms. Dorethea Yates, Finance Director, gave an update on the City’s financial
performance for the first quarter of 2010. She then reviewed the governmental funds
and enterprise funds, noting that the audit has not been completed; and the auditors will
be in her office for a number of weeks. She stated the City ended up the year in
General Fund with a fund balance of approximately $3.6 million and a cash balance of
Board of Directors Meeting 12 April 20, 2010 at 7:00 P.M.
about $1.3 million. The Garland County District Court Fund, Police Fund, Fire Fund,
Street Fund, and Intracity Transit Fund have very low fund balances as was anticipated,
as well as low cash balances. The Major Capital Projects Fund, which is the fund from
the Civic Center proceeds after paying off the bond, has $318,000 in Fund Balance. The
Higdon Ferry Road Widening Fund, which is money the City set aside from the sales tax
proceeds, has $314,000 in fund balance.
Regarding payroll distribution for 2010, the majority of the City’s expenses is
payroll. She pointed out there are 26 payroll periods; therefore, there are two months
in the year with three payrolls. She stated in looking at March, the City can expect to
see expenses somewhere around 23 percent, which is a benchmark to look at.
In the General Fund, there is revenue of $5.1 million, which is about 25 percent
of the budget. She pointed out that the City’s sales tax runs two months behind.
Therefore, when she presents the March financial data, there is one month of actual
sales tax for January and then two months of estimated sales tax based on the budget.
She added that 25 percent can be a little misleading. She said the expenses are $4.9
million, which is at 23.4 percent. Personnel costs are 29 percent of the budget, and
transfers to other funds are 58 percent of the budget. The total of the General Fund
budget is 87 percent of either money that is transferred out or money for salaries. The
cash in bank at the end of March for General Fund was approximately $1.3 million.
The amount that is owed to General Fund from other funds is $684,000.
Regarding the sales tax analysis, there is only an actual number for January; and
it is about 0.83 percent below 2009 and about 0.88 percent less than what was
budgeted.
In regard to the General Fund Supported Funds (District Court, Police Fund, Fire
Fund, Street Fund, and Intracity Transit Fund), District Court is running a little below
the 23 percent benchmark, which has to do with the timing of some of their expenses.
The revenue for District Court will always run even with expenses because they are
funded out of transfers from the General Fund, and then 50 percent is paid by the
County. The Police Fund and Fire Fund are right at the 23 percent benchmark. The
revenues will run like expenses because in the Police Fund and Fire Fund, their major
source of revenue is the transfer from General Fund. Intracity Transit Fund is at 21
percent benchmark.
Regarding the Enterprise Funds, she explained that the figures are the net
income numbers as opposed to the fund balance because in the Enterprise Funds, the
Board of Directors Meeting 13 April 20, 2010 at 7:00 P.M.
net income numbers are a little more significant than the fund balance. She noted
there was a loss in parking, which is not unusual because a large part of the parking
expenses is depreciation. She said the City can always show a book loss there as long
as the City is not making more than that in depreciation. In Airport Fund, there was a
gain of $142,000; Sanitation - a gain of $241,000; Stormwater - a gain of $392,000;
Water - a gain of $1.3 million; and Wastewater - a loss of approximately $800,000.
She said this loss was anticipated, and the City put a rate increase into effect at the end
of last year and then another one in March; therefore, a loss was anticipated.
Ms. Yates pointed out she has provided the net income, expense and revenue
for each one of these enterprise funds and where the City is for 2010 and the
percentage of budget; and those are all tracking very well. She noted the Airport Fund
looks a little different, and the revenue is 29 percent and expense is 26 percent. She
commented that was a little difficult to track because the fuel sales are such a large
part of the revenue for the Airport. If the cost of fuel is going up, then the revenue is
going up, as well as expenses. She added that Sanitation is running right at the 23
percent. Stormwater is a little different because some of those expenses are being
delayed, and they are at only 13 percent. She noted they have some vacancies so that
is lower. In the Water Fund, revenue is at 26 percent and expense at 18 percent. She
said that Water and Wastewater will both track somewhat differently due to weather.
In reviewing all of these funds and reviewing expense, in comparison with the
budget, she said she believes the City is on track with where it expected to be this time
of the year.
Regarding the financial outlook, she stated they are all on track. She pointed
out that 2011 is going to be another challenging year, and what happens to sales tax is
going to be critical this year. She said the City should be getting February numbers at
the end of this week or next week; and as soon as she receives those numbers, she will
get them to the Board. Regarding activity in the stimulus funds, she stated it is difficult to
control that because the City wants to get the stimulus funds as it can.
Ms. Yates stressed that the City needs to closely watch the impact of the new
rates passed in November 2009 and in March 2010 on utility revenues, but people have
not started turning on their sprinklers; and she will be watching those very closely over
the next few months as the sprinkler meters are turned on. She pointed out that fuel
costs are starting to increase a little, and that can have a major impact on some of the
funds.
Board of Directors Meeting 14 April 20, 2010 at 7:00 P.M.
Ms. Yates said that concluded her report and was not intended to be a detailed
report but to give the Board an idea on where the City stands.
Director Maruthur commented this means the Apple Blossom Race will not be
reflected; and Ms. Yates advised that the actual revenue from that will not be reflected
until two months after it happens. She added until the actual revenue comes in, the
City will not know what the impact is.
Director Keheley asked if she has any significant unexpected expenditures that
she sees forthcoming, and Ms. Yates replied that she did not. She added staff did
some analysis and looked at what was happening with the different funds. She
mentioned that in the Sanitation Department, their roll-off revenue had declined;
therefore, there is some commercial downturn. Also, the water revenue in commercial
inside water sales was down a little. She stated there were some major adjustments
that were made which contributed somewhat to that, and staff will be watching those
numbers very closely over the next couple of months.
City Manager Lance Hudnell expressed appreciation to the Finance Department
and all of the departments for watching their end-of-the-year expenses. He said the
Fund Balance was at $3.5 million by the time reappropriations were made; and the
cash balance was $1.3 million, which was due to the departments closely watching their
spending, particularly at the end of the year.
Director Keheley pointed out that City Manager Lance Hudnell has mentioned
several times that at mid-year, there would be some major significant adjustments and
questioned if that is still the objective. City Manager Lance Hudnell replied that he was
trying to convey that he and Finance Director Dorethea Yates are beginning to work on
2011 budget and wanted to be sure if there was anything drastic to consider in this year,
they have more time to react than they did last year.
OTHER BUSINESS
23 Board of Directors Items for Discussion
Director Jones reported that the Ouachita Area Chapter of the Red Cross is
having a talent show on Saturday at the Hot Springs Middle School, 700 Main Street.
The doors will open at 5:30 p.m. with a silent auction, and the donations are $5 for
adults and children over 12 years old. All proceeds will go to the Haiti Fund. She
thanked the employee committee for inviting the Board of Directors to the Employee
Board of Directors Meeting 15 April 20, 2010 at 7:00 P.M.
Awards Banquet on Thursday night. She said it was a rewarding experience for her to
know that everyone was recognized for their years of service and dedicated employees
working for the City. She stated they do a wonderful job and need to be recognized
and appreciated for it.
Director Keheley announced on this Saturday morning, the new Farmers Market
will host its first event, which is the annual plant sale by the Garland County Master
Gardeners. She added the new Farmers Market season for 2010 begins Saturday,
May 1; and dedication will be May 8.
Director Maruthur advised if anyone wants to be on the CodeRED_ Program, they
may call 321-6861; and Paula Brown will sign them up for this service.
Director Daniel stated that in regard to the ordinance passed tonight for the
Malvern Overlay District, the Lakeside School Board and many of the parents could
not be present because they had a board meeting tonight. However, they were 100
percent behind it.
24 City Manager’s Report
City Manager Lance Hudnell gave the following report:
1. About a year ago at the National League of Cities, Hot Springs learned about
a prescription drug program that is available to all citizens whether they have insurance
or not. City Clerk Lance Spicer was instrumental in getting the program out. For the
nation as a whole, there has been over $2 million in savings. In Hot Springs, there are
currently 31 citizens participating and saved about $350; and there are about 30
pharmacies in the program. That was 45 percent of the cost they would have
otherwise incurred. For those wanting to participate, they may contact City Clerk Lance
Spicer at 321-6815.
2. According to the Insurance Services Organization, Hot Springs was the only
city in Arkansas to receive a Grade 3 for its residential code compliance building code
enforcement. Hot Springs was also one of five to receive a Level 3 for its commercial
site. These are good achievements for the Planning Department and Permit Section of
the Planning Department.
3. April 11 through April 17 was National Public Safety Telecommunications
Week. The City has 15 men and women working in the dispatch center.
Board of Directors Meeting 16 April 20, 2010 at 7:00 P.M.
4. A thank-you was received from Rose and Tony Hoeing, who wrote a Letter to
the Editor regarding the City’s trails and Entergy Park and Greenway.
5. He expressed appreciation to the U. S. Mint and to the National Park Service
for the ceremony today and for Hot Springs being chosen as the first quarter to be
issued and for those officials coming to Hot Springs.
6. A thank-you was received from a satisfied customer, Ms. Sue Ott, 274
Woodlawn, for the miscellaneous pick-up by the CAPS Program. Also, a thank-you
was received regarding a manhole cover repair at 148 Mapleleaf by the sewer and
water crews. Mr. Bob Lathrop, Urban Forester, assisted residents in the north end of
town with regard to some issues of overhanging tree limbs.
7. Spring Fling will be held this weekend.
8. He thanked the Board for participating in the Employee Awards Banquet and
appreciated those who were nominated and for the Directors presenting the awards.
He stated that the Employee of the Year was Bob Hope; the winner of the Bill
Edwards Award was Margaret Parris; and Supervisor of the Year was Bill Burrough.
There was a group who received an award for Humanitarian Service, and they were
bus drivers who had crews that went into a semi-dangerous situation, and a number
received the Spotlight Awards as well.
25 ADJOURNMENT
There being no further business to come before the Board, the meeting
adjourned at 8:00 p.m., to meet again on Tuesday, May 4, 2010, at 7:00 p.m.
ATTEST: _____________________
APPROVED:__________________
Lance Spicer, City Clerk
Mike Bush, Mayor
Board of Directors Meeting 17 April 20, 2010 at 7:00 P.M.
Agenda
REGULAR MEETING OF THE BOARD OF DIRECTORS
MEETING NO. 8
CITY OF HOT SPRINGS, ARKANSAS
TUESDAY, APRIL 20, 2010, 7:00 P.M.
BOARD CHAMBERS, CITY HALL
In order to ensure fairness to all who wish to be heard, while maintaining orderly and timely meetings, the Board of Directors
has established a uniform policy for receiving public input. Anyone wishing to comment on a specific agenda item should
place one's name on the sign-up sheet, available at the entrance to the Board Chambers. Comments will be limited to three
minutes for each person. Discussion by the Board Members or questions to the person will not be included in this time limit.
At the pleasure of the Board, action may or may not be considered by the Board of Directors for matters listed in the Citizen
Item Section. The Board of Directors request and appreciate your cooperation with these procedures.
133 CONVENTION BOULEVARD
INVOCATION - Mr. Jimmy Young
PLEDGE OF ALLEGIANCE
CALL TO ORDER
Order of
Business Subject
BOARD BUSINESS SECTION
1 Roll Call of Board of Directors.
2 Consider Approval of the Agenda.
3 Consider Approval of Minutes for April 6, 2010.
4 Recognition of Guests.
a. Presentation to Sergeant Johnnie Mann by Hurst Family.
b. Presentation of Retirement Plaque to Sergeant Johnnie Mann.
c. Other Guests.
5 Board of Directors Announcements.
6 Consider Acknowledgment of Financial Report for March 2010.
Order of
Business Subject
Items placed in this section are a matter of routine business which are expected to involve little or no discussion by the Board or the public. The
Consent Agenda is usually voted on in mass. However, if any two Directors so desire, individual items may be discussed and/or voted on as a
separate matter of business.
CONSENT AGENDA SECTION
7 Public Safety Committee Report (April 6, 2010).
8 Resolution No. R-10-81 Approving Certain Bid Awards.
a. Float Switches - Utility Administration (ASC)*;
b. Stator Rewind - Utility Administration (ASC)*;
c. Utility Materials - Utility Administration.
*ASC - Annual Supply Contract
9 Resolution No. R-10-82 Authorizing the Mayor to Execute a Lease Agreement
Between the City and Pinnacle View Inspections, Inc. for Office Space in the
Terminal Building at the Airport.
10 Resolution No. R-10-83 Awarding a Contract and Bid Award to Speidel
Construction, Inc. for the Repainting of Markings on Runway 5/23 at the
Airport.
11 Resolution No. R-10-84 Authorizing the Filing of a Grant Application with
the Arkansas Historic Preservation Program for Training and Travel Expenses
for the Historic District Commissioners and Staff; and to Retain a Consultant
to Conduct a Historical/Architectural Survey.
12 Resolution No. R-10-85 Approving a Certain Street Name (Apple Blossom
Way) in Forest Lakes Subdivision.
PUBLIC HEARING
13 Consider Public Hearing on Petition to Vacate All of Meadow Wood Lane
Located in Meadow-Wood Subdivision.
Order of
Business Subject
NEW BUSINESS
14 Consider Ordinance No. O-10-22 Vacating All of Meadow Wood Lane
Located in Meadow Wood Subdivision.
15 Consider Resolution No. R-10-86 Repealing Resolution No. 6863 and
Approving the Submission of Application(s) to the Arkansas Development
Finance Authority (ADFA) for the Home Partnership Program (HOME) for
the Purpose of New Affordable Housing Construction Grant(s) and Approving
the Acquisition of City Properties Through Donation or Foreclosure.
16 Consider Resolution No. R-10-87 Allowing the Community Development
Block Grant Program (CDBG) to Exceed the Maximum Subsidy of $25,000
for Extraordinary Roof Repairs at 119 Florence Street.
17 Consider Resolution No. R-10-88 Allowing the Community Development
Block Grant Program (CDBG) to Exceed the Maximum Subsidy of $25,000
for Additional Rehabilitation at 202 Wren Street.
18 Consider Ordinance No. O-10-23 Amending the Zoning Code to Remove
Certain Parcels Owned by Lakeside School District from the Malvern Avenue
Overlay District Map.
19 Consider Ordinance No. O-10-24 Amending the Zoning Code to Allow
Certain Electronic Changeable Copy Signs and Deleting Section 16-2-65(G),
“Permitted Land Uses,” Within the Malvern Avenue Overlay District.
20 Consider Ordinance No. O-10-25 Amending the Zoning Code by Rezoning
Property Located in the 100 Block of Alcorn Street Described as Lots 7 and 8,
Block 9 of Morrison and Belding Subdivision, from R-4, Medium-High Density
Residential District, to C-TR, Commercial Transition District; and Amending
the Future Land Use Map by Reclassifying Certain Real Property in the 100
Block of Alcorn Street.
21 Consider Ordinance No. O-10-26 Amending the Zoning Code by Rezoning
Property Located in the 200 Block of Tennessee Street Described as South ½
of Lot 17, and All of Lots 18 and 19, Block 8 of Gorge Addition at 244
Tennessee Street from R-4, Medium-High Density Residential District, with
Manufactured Home Overlay District, to M-1, Light Manufacturing District,
and Amending the Future Land Use Plan Map by Reclassifying Certain Real
Property in the 200 Block of Tennessee Street.
22 Consider Presentation by Finance Director Dorethea Yates of First Quarter
Financial Report for 2010.
Order of
Business Subject
OTHER BUSINESS
23 Consider Board of Directors’ Items for Discussion.
24 Consider City Manager’s Report.
25 ADJOURNMENT
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