Board of Directors
Regular MeetingHot Springs, AR · August 3, 2010
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
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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].
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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
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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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