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Board of Directors

Regular Meeting

Hot Springs, AR · August 3, 2010

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Minutes

MINUTES BOARD OF DIRECTORS MEETING AUGUST 3, 2010, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Tuesday, August 3, 2010, 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, Cynthia Keheley, Pat McCabe, Rick Ramick, Tom Daniel, and Mike Bush, total 7. 2 Approval of Agenda A motion was made by Director Maruthur, duly seconded by Director Ramick, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of July 20, 2010 Board Meeting A motion was made by Director Keheley, duly seconded by Director Maruthur, that the minutes of the July 20, 2010 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests No guests were present for recognition. 5 Board of Directors Announcements Director Keheley announced that District 3 will hold a town hall and listening session on Monday, August 9, at 6:30 p.m., Jones School Auditorium. Director Maruthur stated a memo was received prior to the Board Meeting, and Fire Marshall Nate Schanlaber has issued a burn ban effective at sunset today. She said the burn ban prohibits all controlled burning within the city limits, and the ban will be lifted when there is an appreciable amount of rain. Also, she announced that today at 10 a.m., Governor Mike Beebe and Dr. Janet Hugo, director of the Arkansas School for Mathematics, Sciences and The Arts (ASMSA) gave a wonderful presentation at the official groundbreaking for the New Life Center at the School. She noted this was possible because of the stimulus money that Governor Beebe directed by his discretion to the City of Hot Springs to keep and expand and build on the ASMSA. She added he offered $6 million, and Dr. Hugo first asked for $40 million. He mentioned whether people are for or against stimulus money, it was received and should be applied to the State. She said he made several comments regarding obnoxiously persistent and was referring to Senator Steve Faris, who worked very hard to make this happen even though it was not in his district, and Dr. Janet Hugo. He pointed out it is all about the children and when the children receive this wonderful education, regardless of whether they go to college, they should think about returning and giving back to the State that made it possible. She mentioned she found some records from when the School first opened, which was opened under a Certificate of Occupancy as a correctional institution. She said it took the people of Hot Springs to come together to fight this and get the sprinkler system in place for the children. She noted they were locked in there and could not get in or out. She also announced that the Park Avenue Community, the Whittington Community, the Bates Community, and all of District 1 will have a meeting on August 14, 4 p.m., at the Tower of Strength Ministries, 315 Park Avenue. She urged all of those who want to participate in what they think the qualifications of the new Police Chief should be to attend and give their input. She everyone and members of the Board for the flowers and cards when her mother passed away. She expressed appreciation to the firefighters and the Police Department for all their support. She thanked the Pullman Heights United Methodist Church and its pastor Ron Grigsby and his wife, Pam, and for all the food and support given her. A special thank-you was noted to Mr. Steve Burns, who performed his first funeral service, and is a physical therapist at National Park Medical Center. She gave thanks to the musicians from the Ray Lynn Theater, Tom and Susan Wilkins; to Doug Lakey from the Tower of Strength Ministries; and to Dr. Paul Tucker, who read a moving and very appropriate poem. She said she would like to give a special thank-you to a special friend who has offered 2 almost everything they have, even though their family has realized numerous health problems, yet they continued to offer their help. Director Ramick invited the citizens in District 5 to a listening session on Monday, August 16, 6:30 p.m., at First Assembly of God Church in the Heritage Room, 3540 Central Avenue. City Manager Lance Hudnell, Captain Mike McCormick, and he will be in attendance to listen to comments. Director McCabe announced he will be hosting a District 4 town hall meeting on Thursday, August 12, 6:30 p.m., at the Hot Springs Airport to review with the citizens the qualifications and requirements of the new Police Chief. He noted that all citizens should feel free to visit the District 4 meeting if the other dates are not convenient. Director Daniel stated that District 6 will have a listening session on Tuesday, August 10, 6:30 p.m., at the Lakeside High School Auditorium. Anyone from other districts are also welcome to attend. They will be listening for issues that are on the citizens’ minds, especially pertaining to public safety and law enforcement. Director Jones said that the District 2 meeting will be held on August 23 at the Hot Springs Police Department. Also there will be a “Back to School Bash” at Wade Street Park on August 21, from 11 a.m. to 10 p.m. Director Maruthur stated that the Park Avenue Community Association (P.A.C.A.) will have its meeting on August 16, 6 p.m., at the Tower of Strength Ministries, 315 Park Avenue. 6 Acknowledgment of Financial Statements Notice for June 2010 Mayor Bush announced that the Financial Statements for June 2010 are available in the Finance Department for review by the Board and public. CONSENT AGENDA The Consent Agenda consisted of the following: 7 Proposed Resolution No. R-10-157 Approving Certain Bid Awards (a) Meter Boxes - Utility Administration [annual supply contract awarded to Dixie Utility]. 3 8 Proposed Resolution No. R–10-158 Approving the Extension of Hot Springs Municipal Water Service on Cordell Trail (Approximately 110 Feet). 9 Proposed Resolution No. R-10-159 Approving the Extension of Hot Springs Municipal Water Service (Approximately 625 Feet) and Hot Springs Municipal Wastewater Service (Approximately 750 Feet) to the Point Subdivision on Wilson Point. 10 Proposed Resolution No. R-10-160 Approving the Extension of Hot Springs Municipal Water Service (Approximately 725 Feet) and Hot Springs Municipal Wastewater Service (Approximately 1,000 Feet) to Eagle Pass Subdivision, Phase III. 11 Proposed Resolution No. R-10-161 Approving the Extension of Hot Springs Municipal Water Service (Approximately 1,700 Feet) and Extension of Hot Springs Municipal Wastewater Service (Approximately 1,450 Feet) to Forest Lakes Garden Homes, Section 2, Phase I, off Twin Points Road). 12 Proposed Resolution No. R-10-162 Extending an Agreement with Emergency Communications Network for the CodeRED_ Emergency Notification System (October 20, 2010). 13 Proposed Resolution No. R-10-163 Appointing David Reagan to the Urban Forestry Advisory Committee. 14 Proposed Resolution No. R-10-164 Appointing Melvin Ray Fecher to the Hot Springs Planning Commission. 15 Proposed Resolution No. R-10-165 Supporting Amendments to the Constitution of the State of Arkansas: (1) to Eliminate Constitutional Limits on Interest Rates for Government Bonds and Loans, Revise Interest Rate Limits on Other Loans, and Authorize the Financing of Energy Savings Projects - (Issue #2 at November 2010 General Election); and (2) to Modify and Improve the Financing Alternatives Available to the State in Support of Major Economic 4 Development Projects in Arkansas (Issue #3 at November 2010 General Election). A motion was made by Director Ramick, duly seconded by Director Maruthur, that the Consent Agenda be approved. Upon discussion, Director Keheley questioned Item Nos. 8, 9, 10 and 11, which are in regard to water service extensions. She said it is her understanding that all of these have been properly engineered, and that all of the materials and construction requirements meet the City’s standards. Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities, advised that is correct and are paid for by the developers. Mayor Bush then called for a vote on the motion to approve 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. NEW BUSINESS 16 Mid-America Museum Update Mr. Gordon Mahoney, Chief Operating Officer, Hot Springs Civic and Convention Center, stated that the project at the Mid-America Museum has started. He then introduced Mr. Andy Marquart, executive director of the Museum, to give an update. Mr. Marquart reported there have not been any issues with having to shut down the Museum. He noted the contractors and engineers have been flexible with him on scheduling and have extended the schedule beyond the original end date to work around the visitors. He advised that the project came in under bid, and he is going back and see what can be added back into the project. Director Ramick asked that he explain the project. Mr. Marquart advised that in 2008, a bond issue was passed to replace the heating and air conditioning system at Mid-America Science Museum. He noted it was a 30-year old system and was a $1.2 million project. Work started on the building in April, and Action, Inc. is the primary contractor that is taking care of most of those issues. He advised they are going to have to replace one boiler and rework another. He pointed out the Museum has chillers, and many of the chiller components and air handlers are all being either reworked or replaced for the entire building. He stated another component of the issue is humidity controls so the Museum can bring in better exhibits. He noted that overall, Board of Directors Meeting 5 August 3, 2010 at 7:00 P.M. the Museum will be a more comfortable and more efficient building. He added it will save costs in the long-run; and hopefully, they will be able to provide better exhibits. Mayor Bush asked when he expected this to be completed, and Mr. Marquart stated it should be September 30; however, after he sits down with the contractors one more time and works out the schedule, it is possibly going to be October or November. He pointed out that they are both being flexible. 17 Presentation of Condemnation Resolutions Mr. Bart Jones, Administrator, Neighborhood Services Division, gave a presentation on the following condemnations. 17a Proposed Resolution No. R-10-166 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623,” was taken from the agenda and read by title only. (104 Dawer) A motion was made by Director Jones, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Administrator, Neighborhood Services Division, advised this structure has had roof leaks and problems for several years; and the owner moved out sometime ago. He stated the owner is not in a position to repair it, and he believes she may be attempting to sell it. However, he would like the City to be in a position to tear it down if no action is taken. He added the City has received property notice from the owner. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. There being no one to speak in opposition, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 17b Proposed Resolution No. R-10-167 Board of Directors Meeting 6 August 3, 2010 at 7:00 P.M. A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623,” was taken from the agenda and read by title only. (1311 East Grand) A motion was made by Director Jones, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Administrator, Neighborhood Services Division, advised this a commercial building on Highway 70 coming into town. He said there was a fire at this facility several months ago, and Fire Department had to respond. The owner, who is from Michigan, has not taken any action on the property. He said the City is trying to get in a position where it can take action, and the City has received property notice from the owner. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. There being no one to speak in opposition, Mayor Bush 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. 17c Proposed Resolution No. R-10-168 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623,” was taken from the agenda and read by title only. (200 Cottrell) A motion was made by Director Ramick, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Administrator, Neighborhood Services Division, advised this is an open, vacant structure; and an individual was living there without power or utilities for sometime but has now left the property. He said the structure has deteriorated to the point where it has to be taken down, and he has received proper notice. He noted there are two people on the title, and the City served notice to both. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. There being no one to speak in opposition, Mayor Bush called for a vote on the motion to adopt; and upon roll call, the following voted Board of Directors Meeting 7 August 3, 2010 at 7:00 P.M. “aye”: Directors Maruthur, Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 17d Proposed Resolution No. R-10-169 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623,” was taken from the agenda and read by title only. (207 Oma) A motion was made by Director McCabe, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Administrator, Neighborhood Services Division, advised this is an open, vacant structure and has a large amount of structural damage. Also, he does have proper notice to the owner. He advised there was a permit pulled ten years ago, and there was some work done on the structure. However, it has deteriorated since that time. He added there is roof damage and termite-damaged wood throughout the structure. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. Ms. Joann Gray, 103 Cones Road, was recognized speaking in opposition to the condemnation. She stated she bought the house in 2001 and asked Mr. Anthony Utsey, in Code Compliance, to inspect the house to see what was needed to bring it up to code. He inspected the house and gave her a list of needed repairs; and in 2001, she started to reconstruct the house. She noted she does not disagree with any of the photos that have been shown to the Board; however, she has photos of what the house looked like when she first purchased it. She commented this house was literally built from the “ground up” to meet code. Mr. Jones commented that the City is not contesting that the work was done in 2001. He pointed out when Code Compliance inspected it last week, the City is recommending condemnation based on the current condition of the house. Ms. Gray stated there are a few places that need to be repaired; however, when 75 to 80 percent of the house has been rebuilt, she believes that part of the house she has to redo was damaged by the people who purchased the house. She said she is going to have to redo a wall and replace some rotted wood. She mentioned she used Board of Directors Meeting 8 August 3, 2010 at 7:00 P.M. 2 x 10's instead of 2 x 8's and put 2 x 4's between every foot. She added that walls were built and put in new studs and new wood walls. She did agree that the walls in the one bedroom need to be done. She noted that this house was bought in 2001, and she still has six years to pay on it and is leaving it to her children. She commented that her main concern is that she was told if the house is condemned, she has 30 days to repair it; and it is going to take her some time due to the hot weather. Mayor Bush asked how long it was going to take her to get it up to code, and Ms. Gray said it will probably take her 60 days, not counting this month because of the hot weather. She stated if she could get to it in September or October, she could have it up to code in November. Mayor Bush asked how long she has to get it up to some standard if the Board condemns this property; and Mr. Bart Jones replied that 30 days is the set rule. However, if Ms. Gray is doing actual work, he will work with her and extend that time. However, he would recommend that the Board proceed with the condemnation. Director Maruthur said for clarification, Ms. Gray bought the house, brought it up to code, and then sold it; and it came back to the owner, Ms. Gray. She pointed out because of the heat, Ms. Gray is asking for it to be scheduled with the heat so when she pulls the permit and begins the work, she will escalate the amount of work and the timeframe. Ms. Gray said that is correct, and she would estimate two months. Director Maruthur stated if the Board takes action tonight and she gets the permit and begins the work, it can be extended if she shows good faith in doing the work; and the Board is going to make a decision tonight that is going to enable her to incrementally repaired her home. 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. 17e Proposed Resolution No. R-10-170 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623,” was taken from the agenda and read by title only. (230 Coy) Board of Directors Meeting 9 August 3, 2010 at 7:00 P.M. A motion was made by Director Daniel, duly seconded by Director Ramick, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Administrator, Neighborhood Services Division, stated the roof has been leaking for a considerable amount of time; the flooring is in bad condition; and the structure needs to be torn down. He said the City has received proper notice from the owner. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. There being no one to speak in opposition, Mayor Bush 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. 17f Proposed Resolution No. R-10-171 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623,” was taken from the agenda and read by title only. (307 Wynn) A motion was made by Director Daniel, duly seconded by Director Ramick, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Administrator, Neighborhood Services Division, stated this is an open, vacant structure; and the City has received proper notice from the owner. He said the owner is walking away from the mortgage, but the bank has not done anything with it. He reported the roof has been leaking, and there have been vagrants and transients living in the structure. He pointed out it is a major fire hazard; and structurally, it is has several problems. City Attorney Brian Albright asked if he had notified the bank, and Mr. Jones replied that he has notification from the bank and the mortgage holder. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. There being no one to speak in opposition, Mayor Bush 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. Board of Directors Meeting 10 August 3, 2010 at 7:00 P.M. 17g Proposed Resolution No. R-10-172 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623,” was taken from the agenda and read by title only. (310 Mound) A motion was made by Director Ramick, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Administrator, Neighborhood Services Division, advised that this structure is open and transients living inside. Also, it has been trashed. He stated that Ms. Scott, the owner, lives in Texas; and the City has received proper notice from the owner. He said he did not believe she is going to be able to make any repairs to the structure. Therefore, it needs to be condemned. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. There being no one to speak in opposition, Mayor Bush 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. 17h Proposed Resolution No. R-10-173 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623,” was taken from the agenda and read by title only. (104 Texas) A motion was made by Director Daniel, duly seconded by Director Ramick, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Administrator, Neighborhood Services Division, stated this is a structure where power and water have not been on in nearly two years. He noted there is a gentleman somewhat living there, and the City has received proper notice to him. He advised he is on the title, as well as his mother and another gentleman. Therefore, the City has notice to the two who are still living. He mentioned it is in deplorable condition, and there was a tarp on the roof for many years, which is leaking. He added it was a trailer, but it has deteriorated. Board of Directors Meeting 11 August 3, 2010 at 7:00 P.M. Director Daniel asked if the City was picking up the trash since the water has been turned off for about two years, and Mr. Jones replied that he did not know. Director Daniel pointed out that in the photo, he noted one of the City’s sanitation cans is on the property. Mr. Jones said he may have had the water turned on for short periods of time. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. There being no one to speak in opposition, Mayor Bush 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. Director Maruthur pointed out on the map, there is a date of 3/24/2139, and questioned this date. Mr. Jones explained the date was not working on his camera. Director Maruthur said she wanted to make sure that gets corrected. 17i Proposed Resolution No. R-10-174 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623,” was taken from the agenda and read by title only. (311 Mound) A motion was made by Director McCabe, duly seconded by Director Ramick, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Administrator, Neighborhood Services Division, stated that the structure has not had a roof in over two years; and there is water and termite damage. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. Mr. Joe Lightfoot, 200 Main Street, said he was not speaking in opposition to the condemnation. He advised that he applied for a loan and was waiting to see what they wanted to do with it. City Attorney Brian Albright asked if he was opposed to the Board’s proceeding with condemnation tonight and allowing him to secure a permit with Code Compliance to rehab. Mr. Lightfoot said he would like to have some time to repair it. City Attorney Brian Albright explained if the Board proceeds with the condemnation proceedings tonight, he still has some time (more than 30 days) in which Board of Directors Meeting 12 August 3, 2010 at 7:00 P.M. to meet with Mr. Jones to get a rehab permit. He explained if he can make progress, Mr. Jones will work with him; but otherwise, the property will be condemned. Mr. Lightfoot replied that he understands that. Mayor Bush 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. 17j Proposed Resolution No. R-10-175 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623,” was taken from the agenda and read by title only. (342 Walnut) A motion was made by Director Ramick, duly seconded by Director Keheley, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Administrator, Neighborhood Services Division, stated this structure has been stripped out as far as the windows. He noted there was aluminum siding on it, but the owners stripped it off and anything of value. He advised the City has received property notice from the owners, and they have promised they are going to tear it down. However, they promised that two months ago. He said he wants to be in a position if they do not, then the City can. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. There being no one to speak in opposition, Mayor Bush 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. 17k Proposed Resolution No. R-10-176 Board of Directors Meeting 13 August 3, 2010 at 7:00 P.M. A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623,” was taken from the agenda and read by title only. (413 Apex) A motion was made by Director McCabe, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Bart Jones, Administrator, Neighborhood Services Division, stated he has talked to the owner; and if she had the money, she would tear it down. However, she does not have the funds. City Attorney Brian Albright asked if there was anyone present to speak in opposition to the condemnation. There being no one to speak in opposition, Mayor Bush 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. Director McCabe commented that all of these structures are fairly small homes and questioned the size of an average lot where these homes are located. Mr. Jones advised that it varies, but an average lot would be 5,000 square feet (50' x 100'). Director Maruthur asked if there is asbestos litigation involved in all of these condemnations; and Mr. Jones replied that in Regulation 21, which is the regulation by the state that determines whether the City has to test and abate, it does not apply under the new regulations as long as the City does not do more than two in a city block in one year. He noted the State Legislature changed that two years ago. He explained if the City tears down 310 Mound and 311 Mound, he will have to test and abate those. 18 Proposed Ordinance No. O-10-38 An ordinance entitled, “AN ORDINANCE ACCEPTING CERTAIN STREETS WITHIN CREEKVIEW SUBDIVISION, PHASE I, AS PUBLIC STREETS (CREEKVIEW LANE, CREEKVIEW COURT, AND CREEKVIEW TERRACE); 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?” Board of Directors Meeting 14 August 3, 2010 at 7:00 P.M. and upon motion of Director Jones, duly seconded by Director Ramick, that the ordinance be passed as read. Upon discussion, Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities, advised that the Creekview Property Owners’ Association (POA) has approached the Public Works Department regarding the City’s accepting the three streets within the Creekview Subdivision. City staff has surveyed the streets and noted there were several areas primarily in the two cul-de-sacs that are failing and need to be repaired. He said these repairs should be made prior to consideration for acceptance; and the estimated cost of these repairs is $29,463.22, which includes $15,300 in materials and a little over $14,000 in labor and equipment. He added the POA is proposing to pay for the materials in the amount of $15,290 and asked that the City take care of the remainder. He explained this would be consistent with similar requests the City has had in the past, such as Shale Creek Estate, which was the first phase of this subdivision, so basically they are side-by-side and were developed in similar patterns. He advised if their request is approved, the City would move forward by utilizing the Street Department personnel and equipment to perform this work. He stated this will most likely occur in 2011 since the POA would need time to come up with a portion of the funding. He mentioned staff would recommend waiting until the City receives the funding before beginning any repairs on the streets. Mr. Ken Krabbe, 115 Creekview Court, president of the Creekview Property Owners’ Association, stated that in August 19, 1992, the Planning Commission approved a new idea of a garden home concept; and they were going to have houses on smaller lots, smaller setbacks, and narrow streets, and was signed by Ms. Lucy Scroggins, Planning Director at that time. He noted this was the beginning of the Creekview Subdivision; and the Planning Commission allowed the builder to put in four-inch streets instead of the proper six-inch streets, which is now required on any subdivision. He mentioned the owners in the last 10 to 12 years have spent $20,800 in repairs, and they have $29,463.22, which is the amount to bring these streets up to City standards. He pointed out they have voted in their annual meeting to pay $15,290.88 for materials and are asking the City to include in its 2011 budget the money to make the repairs. He advised they are prepared to bring the City a check for $15,290.88 by July 1, 2011, and are asking the City to use its equipment and manpower to repair the two cul-de-sacs. He reported the cul-de-sac near the grinder pump has nearly collapsed and is asking the City to replace the two cul-de-sacs with the proper kind of concrete and steel. He noted there is no steel in the current cul-de-sacs. He pointed out with the turning of the sanitation trucks continually, it is tearing them up. About 1-1/2 years ago, they determined they had a water main break underneath the concrete, Board of Directors Meeting 15 August 3, 2010 at 7:00 P.M. and it ran down under the cul-de-sac by the grinder pump. He said they thought it was a spring; but the City brought its machine out and determined it was a city water leak, which was repaired. However, there is considerable damage; and it will need to be repaired. He asked that the City consider this in its 2011 budget; and they are collecting the money for the repairs. Director Ramick said he has visited this area with Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities, and Mr. Denny McPhate, Public Works Operations Manager. He noted the property owners have tried to do repairs as they could, and Mr. Krabbe said they spent $20,800. He pointed out the streets are in very bad shape with a lot of cracked concrete. He noted the sanitation trucks come in this subdivision, which is not helping the situation. He urged the Board to adopt this ordinance. Director Keheley asked how many inches is the pavement, and Mr. Krabbe stated that the Planning Commission approved four inches. City Manager Lance Hudnell had informed him that any new subdivision today is going to require six inches, among other things. He added they are going to also put in 12 inches of steel rods. He noted there is a continual turning by the sanitation trucks. Director Keheley asked if it is just the cul-de-sacs he is referring to, and Mr. Krabbe said they have repaired most of the other areas. He added they been trying over the last 10 to 12 years to maintain it the best they can. Mayor Bush asked if he thinks it will hold up until next year, and Mr. Krabbe said he hopes it will. Director Keheley asked what impact this will have on the budget for this year or next year and if this is on the top of the priority list. She said she understands the City has done these in the past. She also questioned if the City is going to delay any other street maintenance to take care of this. Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities, advised that as far as other subdivisions, the City only addresses these as they are received. He said he could not answer how many there may or may not be within the City, but this is the only one he is aware of at the present time and is the only one the City has been asked to consider to accept for city maintenance. With regard to impact on the City forces, he stated he would prefer to do this with City staff and City equipment; but any time City forces and equipment are dedicated to this job, the City will not be on other jobs unless they are contracted out. He added that he would prefer to do it in-house. Board of Directors Meeting 16 August 3, 2010 at 7:00 P.M. Mayor Bush said he did not believe the City will start it until the check is received from the POA, and City Manager Lance Hudnell pointed out that is the way the ordinance is written. Director Maruthur stated that Mr. Krabbe called her; and she said if she was on the Board in 1992, her vote would not have reflected approval of this. However, she took office on March 8, 1994. She noted when she spoke on the telephone with Mr. Krabbe, they discussed a priority list due to the City’s economic situation; and she told him the City was going to have to prioritize repairs. Mr. Krabbe asked what would be a reasonable time to do the repairs if the POA gave the check to the City around July 1, 2011; and City Manager Lance Hudnell advised that he would assume it would be between that date and the end of the year. Director Maruthur said she believes the Board is making a commitment to help their situation, but the City is going to have to do it according to the economic indicators and see what else happens. She stressed if the City does not have the money, then it cannot make the repairs. However, the City is making a commitment to undo something that should not have been done in the first place. Mr. Krabbe asked if they can have a commitment when he brings the check to move forward with the project. City Manager Lance Hudnell explained this ordinance accepts the streets for city maintenance, subject to the deposit of a check from the POA. He stated once they deposit the check, then the ordinance will be filed; and at that point, it is official. Mayor Bush commented that Mr. Mallett will advise the Board when the City receives the check. Director McCabe said if he can give the City 90 days’ notice that the check is going to come on July 1, 2011, and inform the City on March 1 or April 1, then Mr. Mallett can check his calendar; and then he may be ready to proceed. Mr. Krabbe stated that he can promise that on July 1, 2011, the POA is going to have a check to the City because they are already collecting and asking the residents for $600 or $50 a month so it will not put anyone in a bind. Director Daniel took exception to his saying that the sanitation trucks are tearing up the streets. He pointed out it is the fault of the contractor who did not do what he Board of Directors Meeting 17 August 3, 2010 at 7:00 P.M. should have done in the beginning. He added it was faulty and inferior work putting in those subdivisions. Mr. Krabbe said that he agreed. City Manager Lance Hudnell pointed out there is one correction to the ordinance. He explained that Creekview Lane will be just Creekview. He added in the ordinance, the word “Lane” will be stricken because “Lane” indicates a private street; and once the Board accepts these, they will no longer be private streets. Director Keheley asked if there is a list of these subdivisions that were not built correctly, and City Manager Lance Hudnell advised that the City does not have such a list because he cannot tell which ones were built correctly or not correctly. However, since this time, the Subdivision Code has been revised several times; and now the City no longer allows private streets. He advised this subdivision was originally built to be private streets and was never intended to be City streets. However, the City no longer allows that; or if the Planning Commission does allow it, they have to be built to City standards. He mentioned there are still a few subdivisions in the City that have private streets, such as Country Club Village and Huntleigh Woods; but they are a little different situation than this. He stated he is not aware of any others like this. Director Maruthur questioned what will happen when this subdivision cuts the check and the City is not in a financial position to do this. City Manager Lance Hudnell advised that the City’s out-of-pocket cost will be the City’s time, and the POA is paying for the materials. Director Maruthur pointed out from that time forward, the City is going to be paying for the maintenance. City Manager Lance Hudnell replied that is correct but just like any other street, at that point, they go onto a list just as others do. Director Maruthur said that she is not talking about intent but is talking about if the City does not have the money. City Manager Lance Hudnell stressed if the POA deposits the $15,290.88, the City will have the money. Director Maruthur pointed out the City will be paying for it in perpetuity after that, and City Manager Lance Hudnell replied that is correct. He said the City will be accepting them as regular City streets so the next round of paving, whenever that may be (10 or 15 years), will be at the City’s expense. 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. Board of Directors Meeting 18 August 3, 2010 at 7:00 P.M. 19 Proposed Ordinance No. O-10-39 An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING PROPERTY LOCATED IN THE 400 BLOCK OF SPRING STREET DESCRIBED AS LOT 7, BLOCK 80 OF THE U. S. HOT SPRINGS RESERVATION FROM R-4, MEDIUM/HIGH RESIDENTIAL DISTRICT, TO C-TR, COMMERCIAL TRANSITIONAL DISTRICT,” 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. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, explained this is a request by the owner of 408 Spring Street. The applicant is Mr. Bruce Davis, who proposes a use that is commercial, and it is about ½ acre and currently has a multiple-story residential structure on it. The adjacent properties in all directions are zoned R-4 and primarily are occupied by multi-family uses. All non-residential uses in the C-TR zone must have Planning Commission review and approval by conditional use before they can be put in that zoned district. The staff finding and recommendation to the Planning Commission was that the allowed uses in the existing R-4 zoned district are single-family and multi-family residential up to 12 units per acre, which is the existing zone. The permitted uses in the C-TR zone are exactly the same. If rezoned to C-TR, redevelopment of this property to any non-residential use may only be done after the Planning Commission would review and approve a conditional use in an associated development plan. Given that conditional use review will occur, the creation of the C-TR zone is not likely to significantly increase any material or adverse conditions that may be posed because the Planning Commission will apply certain standards and may apply specific conditions that will accomplish the goals of the zone and other goals of the code. Therefore, the desired zoning is consistent with the Comprehensive Plan Future Land Use Map designation of Commercial Enclave. The recommendation is that the Board would designate this to be Commercial Enclave on the Future Land Use Map and change to C-TR that would be consistent with the objectives of the Zoning Code, the plans adopted by the Planning Commission, and meets the requirements of the Hot Springs Code. The Planning Commission conducted a public hearing on July 8 and after hearing testimony, Board of Directors Meeting 19 August 3, 2010 at 7:00 P.M. accepted the staff finding and recommendation and unanimously recommends to the Board to approve the rezoning. Mayor Bush asked if anything that goes into a C-TR has to come back to the Planning Commission. Ms. Sellman replied that is correct unless it is single-family or multi-family residential. Mr. Billy C. Carter, 229 Vineyard Street, said he is the Chaplain for Change Point Pregnancy Care and Parenting Resource Center, which was gifted this piece of property and is in need of repair and restoration. He noted their current property is at 115 Liberty Street and has been there for almost 20 years. He said the property around them is zoned residential on Liberty Street, and there have been no complaints about their operation. He mentioned they have begun to receive funding to refurbish this piece of property. He advised that Change Point is also a parenting center and a multiplicity of other programs for the court systems in Garland County, and they have become so much in demand that their current facility is not adequate. Therefore, they are looking for another location. He reported during the month of June, they saw a total of 497 people in the facility that is only 1,300 square feet. He said they do a great work of service to the City and Garland County, and all the services they provide are free of charge. He stated they feel this request for rezoning would help them move forward in getting this facility ready and would be an asset to the community and the neighborhood. Mayor Bush mentioned that he has heard about Change Point, which has been good and appreciates the work they do for the community. Director Daniel questioned the square footage of this piece of property, and Mr. Carter replied that it is ½ acre. Director Daniel asked if there is any land that would be available should they need it. Mr. Carter advised that they are going to refurbish the current facility, which has a little less than 6,000 square feet, and is more than adequate. Director Maruthur said she has heard nothing but good things about this program. She asked where he receives the funding; and Mr. Carter advised that it comes from individuals, other charitable organizations, and churches. However, they receive no federal funding of any kind. Director Jones said she has recommended this place to many people; and she is 100 percent in support of the program. Board of Directors Meeting 20 August 3, 2010 at 7:00 P.M. 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-10-40 An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING PROPERTY LOCATED IN THE 400 BLOCK OF BROADWAY DESCRIBED AS PART OF LOT 2, BLOCK 49 OF THE U. S. HOT SPRINGS RESERVATION FROM M-1, LIGHT MANUFACTURING DISTRICT, TO C-1, CENTRAL BUSINESS DISTRICT,” 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 Maruthur, that the ordinance be passed as read. Upon discussion, Ms. Kathy Sellman, Planning and Development Director, advised the owner/applicant is Nancy Grittman, who is seeking C-1, Central Business District, for 410 Broadway. At this time, it is zoned M-1, which is Light Manufacturing; and the Future Land Use Map designates the property Linear Commercial Corridor. This property is approximately 0.11 acres and has a single structure on it; and the properties to the west, south and east of this property are zoned M-1, which is Light Manufacturing; and adjacent property to the north is zoned C-1, which is the request for this property. She stated there are commercial businesses and properties on one side of this and residential properties on the other side. The staff recommendation and findings to the Planning Commission are that the existing character of the area generally is downtown commercial. The C-1 zoning is consistent with the Comprehensive Plan Land Use Map designation Linear Commercial Corridor, which is the designation of the property at this time. The Gateway Community Master Plan designation for this is Entertainment Overlay, which is consistent with the requested C-1 zone. It is consistent with the objectives of the Zoning Code and plans adopted by the Commission. The C-1 zoning will result in a reduction of allowed land-use type that could potentially impose adverse conditions upon neighbors and, therefore, meets the Board of Directors Meeting 21 August 3, 2010 at 7:00 P.M. requirement that the character of the neighborhood not be materially or adversely affected as required by the Code. The Planning Commission conducted a public hearing on July 8, 2010; and after hearing testimony, accepted staff findings and recommendation. The Planning Commission unanimously recommends to the Board that it approve the ordinance rezoning the property to C-1, Central Business District. Director Maruthur said that it is the M-1 zoning that satisfies the Sexually Oriented Business (SOB) requirement and asked if this is going to change what the City needs to satisfy the SOB. City Attorney Brian Albright advised that it will not change the SOB eligibility map because this piece of property is too close to the Greenway and would not qualify. 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 Discussion of Water Line Relocations Related to Highway 270 West Passing Lanes Project Mr. Steve Mallett, Deputy City Manager for Public Works and Utilities, advised that currently the Arkansas State Highway and Transportation Department is proposing to widen four sections of Highway 270 West toward Mt. Ida; and part of this project is in the United States Forest Service easement. He stated the right-of-way for this project has already been purchased by the Arkansas State Highway and Transportation Department and is in the process of being cleared. As part of the project, various utility lines must be relocated. He noted there is a stretch of line that is approximately a little less than 7,000 feet of existing 6" PVC water line that needs to be relocated that basically serves United States Forest Service facilities, primarily Camp Charlton. He advised that the City received approximately $104,000 in revenue since Camp Charlton has been on line with the City’s water system since 2002; and they have made some upgrades in the last two or three years because, in 2009, the City received approximately $26,000 in revenue and $9,500 thru June 2010. He added this is one of the City’s larger customers, and anytime there is an opportunity to sell a large amount of water through a single meter, that is a benefit as well. He said it is located entirely on the north side of Highway 270; and there are no crossings; but it is located within a permitted area through the United States Forest Service property. Therefore, it is not deemed eligible for reimbursement from the Arkansas State Highway and Transportation Department because it concurrently lies within the Highway Board of Directors Meeting 22 August 3, 2010 at 7:00 P.M. Department’s permitted right-of-way. He pointed out it is not exactly Highway Department right-of-way as termed throughout the City but through the Forest Service, they are both permitted to be there but are in overlapping easements. Therefore, the Highway Department will not reimburse the City or Royal Water District in this matter for a line to be removed. He mentioned this line has to be relocated, or the project will likely be postponed indefinitely. The estimated cost currently is around $88,000 in materials and $80,000 in labor and equipment if it were to be contracted out. He said those numbers are being refined and expect both numbers to be less. In materials, he expects it to be somewhat less and will bid them out through the City’s Purchasing Agent. He noted it is proposed to do this in-house with labor and equipment, which would be less than the $80,000 contract labor. He added the location is at the Crystal Springs community back to the east toward Hot Springs, and to the far west is Camp Charlton. However, the entire portion of that line does not have to be relocated because they are only widening about ½ of that line between Crystal Springs and Camp Charlton. Based on various meetings between the City, the Arkansas State Highway and Transportation Department, the United States Forest Service, and Royal Water District, the United States Forest Service has found a way to come up with funding to pay for some materials and is proposing a partnership with the City to get the line moved. He said he would propose to utilize existing City forces to provide the labor and equipment for the project. Also, the City would be required to cashflow the cost of the project but would seek reimbursement for materials from the United States Forest Service up to a limit of $90,000 through a formal agreement. He pointed out the $90,000 is more than enough to cover the cost as being refined. Also, the City will continue exploring the possibility with Royal Water District regarding any kind of additional acceptance of the water line serving the facilities in future years and work with them regarding how the line may be maintained in the future. He mentioned that City Manager Lance Hudnell has contacted Senator Blanche Lincoln’s office and others who have been involved trying to free up some money to help pay for this. City Manager Lance Hudnell thanked Mr. Bill Pell, who is present, with the United States Forest Service, and expressed appreciation for their cooperation. Director Keheley said this item was already approved in the 2010 budget, and there was an item for this. She questioned the amount budgeted, and Mr. Mallett advised that it was $500,000. He added the City will spend some of that for lines that are farther to the east that actually are the City’s, which will have to be relocated that are not reimbursable because there are some crossings. He noted this will result in a savings of $400,000. Director Keheley questioned the use of the unused funding, and Mr. Mallett advised there is nothing identified and will go back to the cash balance in Board of Directors Meeting 23 August 3, 2010 at 7:00 P.M. the Waterworks Fund. City Manager Lance Hudnell commented the City has a number of projects for which the funds can be designated. A motion was made by Director Daniel, duly seconded by Director Keheley, that the City proceed with the relocation of the water line serving the U. S. Forest Service facilities as required by AHTD Job #060159, subject to reimbursement by USFS for the materials in an amount not to exceed $90,000 with the City providing labor by force account or contract. Provided, further, that the necessary agreements will be presented to the Board for approval at a subsequent Board Meeting; and upon roll call, the following voted “aye”: Directors Jones, Keheley, McCabe, Ramick, Daniel, and Bush, total 6. Voting “no”: Director Maruthur; motion carried. 22 Proposed Resolution No. R-10-177 A resolution entitled, “A RESOLUTION AUTHORIZING REVISIONS TO THE 2010 BUDGET,” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Keheley, that the resolution be adopted as read. Upon discussion, City Manager Lance Hudnell explained that the Board reviewed this at its work session on July 27 in some detail; therefore, this is just the Board’s action item to adopt those changes that are attached to the resolution. With regard to the General Fund, he pointed out there have been very few adjustments (some $25,075) and a few in the other funds. Director Keheley said she was concerned about the trend when the Board considered the 2010 budget last fall. She pointed out that she believes there is a pattern, and the City is reducing services in the organization. She expressed concern about cutting back in street sweeping and asked if that was still included for this year, and City Manager Lance Hudnell replied other than the fact that the City did not have capital to purchase a new one. Mr. Mallett noted there are six fewer employees in the Street Department than at the beginning of 2009, and four positions were eliminated last year. He pointed out that staff does prioritize, but the Board has not given staff any indication that street sweeping will be one of the areas to put low on the priority list. He said if they have to reallocate resources from one area to another, then they can do that. However, they do not have any intention of decreasing street sweeping. Director Keheley pointed out that it is being reduced to one street sweeper. Mr. Mallett replied that it is not correct, and there is only one official title of street sweeper. However, Board of Directors Meeting 24 August 3, 2010 at 7:00 P.M. there are several equipment operators who can operate the sweeper. He explained they are going to have to rearrange staffing to be able to man the sweepers. Director Keheley stated this is the first one in defense for the storm drainage program; and she feels as a tourist city, that is something the City needs to maintain and give some priority. She questioned if there is any way that can be transferred out of this fund to the Storm Drainage program. City Attorney Brian Albright advised he did not think the City would want to move any additional burden to the Stormwater Fund at this time until this litigation has been resolved. Mayor Bush said that he has not seen any decrease in sweepers in his neighborhood. Mr. Mallett advised that position-wise, there are some positions that are called street sweeper positions; and the City lost two of those positions over the past year. However, the City has equipment operators and other people who are allowed to operate the street sweeper and other types of equipment. City Manager Lance Hudnell pointed out just because someone does not have that title, does not mean the City will not have somebody operating that vehicle. Director Keheley asked if they are going to continue with the present, and City Manager Lance Hudnell replied that he hoped they are doing more this year since they are not doing paving. Director Keheley questioned leaving the City Engineer position vacant and questioned if it will be left vacant next year. Mr. Mallett said for 2011, that will be to the Board’s discretion. He added if that is considered a priority, then that will be the directive given to staff. He advised at this point for the remainder of 2010, the recommendation was not to fill it; and the Board concurred with that recommendation not to fill it until at least 2011. City Manager Lance Hudnell stated that it has been left in all of the 2011 budget projections, and it is a priority with him. Director Maruthur stated there are wastewater drains that run along the curbs that are open; and in the newer areas, they have metal bars so debris cannot be swept in the drains. She said that she is referring to the grates that run flush with the paving. She commented at the present time, the conditions are very dry; and the leaves are falling. Mr. Mallett advised that the City does sweep the curb and gutter streets, but the Arkansas State Highway and Transportation Department is responsible for sweeping the majority of the state highways even though the City does Central Avenue because it prefers the street be done more times than what is scheduled. He stated at the present time, the main line of defense is to sweep those areas and try to sweep whatever collects on the grate itself. He added the City does go around in the fall when leaves are falling and try to make sure those grates are clean. Director Maruthur said that Park Avenue needs some attention and several places on Central Avenue. She said Board of Directors Meeting 25 August 3, 2010 at 7:00 P.M. she has actually seen people picking up the debris, not city employees, that has covered some of these open grates. Mr. Mallett said that the Street Department, with six employees less, is trying to determine how to handle certain areas because it wants to meet the priorities the Board has considered to be important. He stated through reorganization, they will be able to better determine and handle all of those within each crew. 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 passed. OTHER BUSINESS 23 Board of Directors Items for Discussion There were no Board of Directors items for discussion. 24 City Manager’s Report City Manager Lance Hudnell gave the following report: 1. On the Consent Agenda, Mr. Melvin Fecher was appointed to the Planning Commission and Mr. David Reagan to the Urban Forestry Advisory Committee. There are open positions on the Transportation Advisory Committee, which can be from any Board district. 2. Thank-you notes were received from Ms. Pryon in regard to Ms. Paula Brown, Administrative Assistant in Utility Administration; Ms. Doris Elder, Administrative Secretary in Utility Administration; and Mr. Mike Foshee, Health and Safety Environmental Coordinator in Utility Administration, who assisted her with a water leak. The Parks Department assisted the S.A.I.L.S. organization, and Ms. Jean Ellen White thanked the City staff for the fishing derby that occurred at the Family Park. 3. Board District Meetings and/or listening sessions for the Police Chief are noted on the City’s website for dates and times. Board of Directors Meeting 26 August 3, 2010 at 7:00 P.M. 4. On August 17, at 10 a.m., there will be a press conference in the Board Chambers on the meter project. Governor Beebe and other officials from the State will be here during that time. 5. There will be a groundbreaking on the Dog Park on Thursday, August 12, at 9 a.m. 6. Regarding the burn ban previously mentioned by Director Maruthur, he urged citizens not do any open burning during this time. 25 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:30 p.m., to meet again on Tuesday, August 17, 2010, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Spicer, City Clerk Mike Bush, Mayor Board of Directors Meeting 27 August 3, 2010 at 7:00 P.M.

Agenda

REGULAR MEETING OF THE BOARD OF DIRECTORS MEETING NO. 15 CITY OF HOT SPRINGS, ARKANSAS TUESDAY, AUGUST 3, 2010, 7:00 P.M. BOARD CHAMBERS, CITY HALL 133 CONVENTION BOULEVARD 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. INVOCATION - Ms. Paula Childs 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 July 20, 2010. 4 Recognition of Guests. 5 Board of Directors Announcements. 6 Consider Acknowledgment of Financial Statements Notice for June 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 Resolution No. R-10-157 Approving Certain Bid Awards (a) Meter Boxes - Utility Administration (ASC)*. *ASC - Annual Supply Contract 8 Resolution No. R-10-158 Approving the Extension of Hot Springs Municipal Water Service on Cordell Trail (Approximately 110 Feet). 9 Resolution No. R-10-159 Approving the Extension of Hot Springs Municipal Water Service (Approximately 625 Feet) and Hot Springs Municipal Wastewater Service (Approximately 750 Feet) to The Point Subdivision on Wilson Point. 10 Resolution No. R-10-160 Approving the Extension of Hot Springs Municipal Water Service (Approximately 725 Feet) and Hot Springs Wastewater Service (Approximately 1,000 Feet) to Eagle Pass Subdivision, Phase III. 11 Resolution No. R-10-161 Approving the Extension of Hot Springs Municipal Water Service (Approximately 1,700 Feet) and Hot Springs Municipal Wastewater Service (Approximately 1,450 Feet) to Forest Lakes Garden Homes, Section 2, Phase I, off Twin Points Road. 12 Resolution No. R-10-162 Extending an Agreement with Emergency Communications Network for the CodeRED_ Emergency Notification System (October 20, 2010). 13 Resolution No. R-10-163 Appointing David Reagan to the Urban Forestry Advisory Committee. 14 Resolution No. R-10-164 Appointing Melvin Ray Fecher to the Hot Springs Planning Commission. 15 Resolution No. R-10-165 Supporting Amendments to the Constitution of the State of Arkansas to Eliminate Constitutional Limits on Interest Rates for Government Bonds and Loans, Revise Interest Rate Limits on Other Loans, Authorize the Financing of Energy Savings Projects; and to Modify and Improve the Financing Alternatives Available to the State in Support of Major Economic Development Projects in Arkansas. Order of Business Subject NEW BUSINESS 16 Consider Mid-America Museum Update. 17 Consider Presentation of Condemnation Resolutions. a. Resolution No. R-10-166 Condemning Certain Property at 104 Dawer. b. Resolution No. R-10-167 Condemning Certain Property at 1311 E. Grand. c. Resolution No. R-10-168 Condemning Certain Property at 200 Cottrell. d. Resolution No. R-10-169 Condemning Certain Property at 207 Oma. e. Resolution No. R-10-170 Condemning Certain Property at 230 Coy. f. Resolution No. R-10-171 Condemning Certain Property at 307 Wynn. g. Resolution No. R-10-172 Condemning Certain Property at 310 Mound. h. Resolution No. R-10-173 Condemning Certain Property at 104 Texas. i. Resolution No. R-10-174 Condemning Certain Property at 311 Mound. j. Resolution No. R-10-175 Condemning Certain Property at 342 Walnut. k. Resolution No. R-10-176 Condemning Certain Property at 413 Apex. 18 Consider Ordinance No. O-10-38 Accepting Certain Streets Within Creekview Subdivision, Phase I, as Public Streets (Creekview Lane, Creekview Court, and Creekview Terrace). 19 Consider Ordinance No. O-10-39 Amending the Zoning Code of the City by Rezoning Property Located in the 400 Block of Spring Street Described as Lot 7, Block 80 of the U. S. Hot Springs Reservation, from R-4, Medium/High Density Residential District, to C-TR, Commercial Transitional District. 20 Consider Ordinance No. O-10-40 Amending the Zoning Code of the City by Rezoning Property Located in the 400 Block of Broadway Described as Part of Lot 2, Block 49 of the U. S. Hot Springs Reservation, from R-1, Light Manufacturing District, to C-1, Central Business District. 21 Consider Discussion of Water Line Relocations Related to Highway 270 West Passing Lanes Project. 22 Consider Resolution No. R-10-177 Authorizing Revisions to the 2010 Budget. OTHER BUSINESS 23 Consider Board of Directors’ Items for Discussion. 24 Consider City Manager’s Report. 25 ADJOURNMENT

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