Board of Directors

MINUTES BOARD OF DIRECTORS MEETING NOVEMBER 9, 2010, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Tuesday, November 9, 2010, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Jim Latture, 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 Keheley, duly seconded by Director Maruthur, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of October 19, 2010 Board Meeting A motion was made by Director McCabe, duly seconded by Director Ramick, that the minutes of the October 19, 2010 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Mayor Bush recognized Mr. Dave Byerly, president of the Garland County Economic Development Corporation, who introduced Mr. Jon Roberts and Mr. Alan Cox, from TIP Strategies. He stated that the Garland County Economic Development Corporation has undertaken a strategic planning process to evaluate the best way to move the community forward in terms of economic growth and has engaged TIP Strategies of Austin, Texas, to assist in putting together the plan. He said yesterday was their first day to begin collecting research as they go through this process, which will last approximately six months. At this time, Ms. Mary Neilsen, Sister City Program Coordinator, stated that a group has just returned from Hanamaki, Japan; and this year’s fall delegation consisted of ten area students and a citizen delegation consisting of residents who want the experience of traveling to Japan. She noted there are three members present tonight of the fall delegation (Mr. Merlin Lee, Ms. Christine Black, and Ms. Joy Black). Ms. Christine Black and Ms. Joy Black gave a presentation of their trip to Hanamaki, Japan, and spoke of their activities during their trip. It was pointed out for a week’s stay, a person will spend $1,000 in Hot Springs and averaging 25 visitors a year for the past 17 years, that totals $425,000 brought into the local economy through the Sister City Program. They spoke of some of the places they visited and meeting the officials at City Hall. Ms. Joy Black mentioned that she is the accounting/purchasing manager for the City; and even though she went as a citizen delegate, she does participate in completing the Comprehensive Annual Financial Report for the City. She said she took one as a representative of the Finance Department and did an exchange of their report. Ms. Christine Black noted they also visited some of the national parks, which are similar to Hot Springs parks. She mentioned they visited the schools and attended a 400-year old festival to celebrate the harvest. She commented on the similarities between Hot Springs and Hanamaki, mentioning the lakes, trees and plants. She stated they also went on a river cruise, and the view is similar to the Buffalo River. Ms. Joy Black encouraged the continuation of this program, pointing out that it gives back to the children and citizens. Mayor Bush mentioned during his visit several years ago, he visited the schools; and at the end of the school day, the students clean the school and asked if they still do that. Ms. Christine Black stated they still do the work and the facilities are spotless. She also mentioned at the festival, there were thousands of people; and when the festival was over each night, there was no trash on the streets; and they took the trash home and recycled it. Ms. Joy Black announced that the Sister City Program is on Facebook. Ms. Christine Black said this is an excellent program and believes that anyone would enjoy visiting this area. Board of Directors Meeting 2 November 9, 2010 at 7:00 P.M.  Mayor Bush introduced a group of Boy Scouts who are working on their Public Service badge. Their Scout Master stated they are from Troop 1, which is the oldest Troop in the state and is chartered by the First Presbyterian Church off Whittington. He said they are working on their Citizenship in the Community Merit Badge, and they have to write a report, which should finish up their Merit Badge. 5 Board of Directors Announcements Director Maruthur announced the attendance of Mayor-Elect Ruth Carney and Director-Elect Karen Garcia (District No. 5). She also congratulated Director Pat McCabe and Director Elaine Jones on their reelection to the Board. CONSENT AGENDA The Consent Agenda consisted of the following: 6 Public Safety Committee Report (October 19, 2010). 7 Proposed Resolution No. R-10-227 Approving Certain Bid Awards (a) Electrical Services - Public Works [annual supply contract awarded to Huntco Electric, Inc.]; (b) Prefabricated Concrete Restroom - Parks [awarded to Modular Connections LLC in the amount of $85,852]; and (c) Installation of Stone Columns at Valley Street Creekwalk - Parks Department [reject bids]. 8 Proposed Resolution No. R–10-228 Awarding a Contract and Bid Award to Time Striping, Inc. for New Taxiway Painted Markings at the Airport. 9 Proposed Resolution No. R-10-229 Waiving the Facility Use Fees for the Operation of the Santa Train to be Held at the Transportation Plaza on December 4, 2010. 10 Proposed Resolution No. R-10-230 Awarding a Contract to BLX, Inc. for Certain Arbitrage Calculation Services. Board of Directors Meeting 3 November 9, 2010 at 7:00 P.M. 11 Proposed Resolution No. R-10-231 Awarding a Contract to Osborn, Carriero & Associates for Other Post Employment Benefits Actuarial Review. 12 Proposed Resolution No. R-10-232 Approving Placement of Certain Community Event Message Boards as Allowed by the Hot Springs, Arkansas Sign Code. 13 Proposed Resolution No. R-10-233 Levying Zero Mills of Ad Valorem Taxes for the Purpose of Paying Policemen’s Pensions. 14 Proposed Resolution No. R-10-234 Levying Zero Mills of Ad Valorem Taxes for the Purpose of Paying Firemen’s Pensions. 15 Proposed Resolution No. R-10-235 Levying Zero Mills of Ad Valorem Taxes for the General Fund. 16 Proposed Resolution No. R-10-236 Authorizing the Filing of an Application for A Tree City USA Recertification by the National Arbor Day Foundation. 17 Proposed Resolution No. R-10-237 Authorizing Filing and Accepting a Grant Application with the Arkansas State Department of Parks and Tourism for a Tourism Attraction Feasibility Study. A motion was made by Director Jones, duly seconded by Director Ramick, that the Consent Agenda be approved. Upon discussion, Director Maruthur asked for clarification on Item No. 17 (Proposed Resolution No. R-10-237 Authorizing Filing and Accepting a Grant Application with the Arkansas State Department of Parks and Tourism for a Tourism Attraction Feasibility Study) and questioned the study the City did on Humphrey’s Dairy. City Manager Lance Hudnell advised there was a study sometime ago for Humphrey’s Dairy, but that was a different type of project. He added it was a feasibility study on that particular land site, but this is being done through the Advertising and Promotion Board of Directors Meeting 4 November 9, 2010 at 7:00 P.M. Commission and is taken from the standpoint of tourism and what type of sports complex should be looked at or if a sports complex should be considered. Director Maruthur commented she wanted that clarified since the City participated in the other study and did not want a duplication. 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 18 Proposed Ordinance No. O-10-47 An ordinance entitled, “AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING PROPERTY LOCATED AT 100 MT. TABOR DESCRIBED HEREIN FROM R-2, SUBURBAN RESIDENTIAL DISTRICT, TO M-1, LIGHT INDUSTRIAL, AND AMENDING THE FUTURE LAND USE MAP BY RECLASSIFYING THE PROPERTY INDUSTRIAL; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Daniel, 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, advised that notice has been provided as required by the Code by mailing a Letter of Notice to the property owners within 200 feet of the property, notice of the hearing in The Sentinel-Record, and also by posting the property with signs. She stated the applicants and property owners are Mr. Austin Smith, Ms. Wendy Smith, and Mr. Stan Smith, who applied for a zoning change from R-2, Suburban Residential, to M-1, Light Manufacturing, for a 4.8 acre parcel, approximately located on the northwest corner of Albert Pike and Mt. Tabor. At its meeting on September 2, the Planning Commission, following a motion to recommend that the Board adopt an ordinance amending the zoning map to M-1, voted 0 to 6; and the motion failed. Each commissioner cited Board of Directors Meeting 5 November 9, 2010 at 7:00 P.M. safety issues as their finding for voting “no.” She pointed out the following five reasons that were provided by the appellant in its contention that the Planning Commission did not act correctly in its decision (1) the Hot Springs Code has no requirement that the Planning Commission abide by any recommendation made by staff; but the Code requires that a public hearing must be conducted by the Planning Commission for all rezonings so that any new information can be collected and known by the Planning Commission before it makes its recommendations. The Code says the Planning Commission shall make a specific finding as to whether or not the change is consistent with the objectives of the Zoning Code, and the Code lists safety as one of those specific objectives of the Zoning Code; (2) the record demonstrates that the Planning Commission made a finding of fact that the proposed rezoning would not be consistent with the stated purpose of the Zoning Code. The record demonstrates that the subject property has a current Comprehensive Plan Future Land Use Map Designation of Residential Low. M-1, Light Manufacturing, as requested, is not a zoning classification that is associated with Residential Low and consequently is inconsistent with the Comprehensive Plan; (3) the appellant’s statement that the Planning Commission erred by considering public testimony needs no further comment; (4) the appellants requested that the Planning Commission consider a zoning change to M-1, Light Manufacturing. The single, desired use, which is mini-storage, as was stated by the applicants, is not significant because once rezoned to M-1, the current owner or any future owner may use the property for any use allowed by the Zoning Code. The record illustrates that the Planning Commission considered all available information and made a specific finding; and (5) the appellants’ statement that there was no substantial evidence to suggest a safety issue would be created is opinion. The record demonstrates that several neighbors from the neighborhood expressed concerns regarding safety should the change to M-1 be completed. The appellants’ opinion regarding traffic generation of various businesses has been unsupported by facts from a professional engineer, trained and knowledgeable in traffic studies and in trip-generation data. As a result of Planning Commission’s public hearing and consideration of the facts, they failed to recommend to the Board to approve this. Therefore, the staff recommendation is that the Board not adopt the ordinance rezoning this 4.8 acres at the intersection of Mt. Tabor and Albert Pike from R-2 to M-1. Director Keheley questioned other uses in an M-1 zone should the owner decide not to put in what they had designated (the storage buildings), and Ms. Sellman replied that the Zoning Code is a code that lists numerous specific uses. She added the uses in a Light Industrial District tend to be uses that are less obtrusive, and these are uses that are different from commercial uses in that they do not regularly attract a lot of business Board of Directors Meeting 6 November 9, 2010 at 7:00 P.M. to their site, such as a retail operation. However, it does do a type of business where there is some light traffic; and typically it is very low in terms of noise, trip-generation, hours of operation which tend to be fairly regular, and not around-the-clock-type shifts. Director Keheley asked if the Planning Commission recommended any Commercial Transition-type zoning that might be more palatable to the neighborhood, and Ms. Sellman advised that the Planning Commission itself did not. However, there was discussion between the applicants and the Planning Department staff regarding alternative zones. She mentioned one zone that was discussed was C-3, which is Neighborhood/Office Commercial. Director Daniel questioned if this were passed tonight, would it come back to the Planning Commission before anything could be built on that property. Ms. Sellman replied that hypothetically in this situation, the applicants are talking about mini-storage which typically is done in a series of buildings. She said if that were the model that was followed in this case and if the applicant decided to pursue mini-storage should the M-1 zoning be approved, then there would be a requirement for the Planning Commission to approve a detailed site plan because there is more than one building on the site. She pointed out it is not beyond the realm of the possible that one building could be constructed for the purpose of doing mini-storage; and in that case, there would be no further consideration. She stated it would just be a building permit and developed. Director Daniel said that would be for a mini-storage, and Ms. Sellman replied that is correct. She added if it were one building, there is no further hearing; but if there are multiple buildings, it goes back to the Planning Commission. Director McCabe pointed out it is one building for anything that would qualify under M-1, and Ms. Sellman replied that is correct. Director McCabe said most everything is at Mid-America Park, and industrial parks are created to keep manufacturing and industry together so it does not disturb neighborhoods. He noted the other issue is access to the property, pointing out if motorists are going west on MLK and get off the ramp, which they normally do thinking they are going to go east, they cannot make the left-hand turn onto Mt. Tabor and have to go up to Brice or the next street and weave through a narrow set of streets. He said if they went on the cloverleaf and dropped off as if going to Mt. Ida but stayed straight as if going onto Weston Road, that left-hand turn is probably one of the most treacherous turns in the City. He mentioned this neighborhood is a unique neighborhood because it is a combination of Board of Directors Meeting 7 November 9, 2010 at 7:00 P.M. county and city residents, and they have worked together on this with one voice. He said he believes their concern is very legitimate. Director Maruthur commented that M-1 includes the Sexually Oriented Businesses, which shows how M-1 is the most open zoning. Director Keheley pointed out according to the Zoning Code, some of the businesses included in this M-1 zoning are brick and tile processing plant, alcohol package sales, and a cement batching mix plant. She said there are numerous uses in the Zoning Code for an M-1 zone should the expressed purpose not be done. Mr. Q. Byrum Hurst, Jr., 518 Ouachita (business address), was recognized representing Stan, Wendy and Austin Smith. He said he wondered why the neighbors would oppose it but when getting to this property, people have to go up a hill to get to the property; and at the bottom of the hill are a few homes. At the top of the hill is Mt. Tabor Community Church and across from it are the five acres. He said it is bordered by the MLK bypass, and he was amazed that he could barely hear anything because of the noise from the bypass. He stated the residential zoning is not consistent with the geographic property and the way it lays. Also, in looking at the property immediately to the north, there is a commercial building for lease and to be leased as a warehouse. He said this seems logical; but when he read the staff report, these professionals came to the same opinion that he did. They said that vacant, undeveloped acreage is adjacent to a major highway interchange; and development of residential manner is unlikely. They went on to say that the requested zone change may be seen as a logical growth pattern for the subject property. Then they made their findings and recommendations, but they said zoning classification is not an encroachment of this similar land uses. He noted they also said it does not create a nuisance for residential and commercial neighbors, and accordingly the change would not materially or adversely affect the character of the neighborhood. He pointed out they then said the desired M-1 zoning is consistent with the Comprehensive Plan Future Land Use Map Designation of Industrial; and if the subject property is so designated, the zoning change is consistent with the objectives of the plans. He stated their recommendation is that the Board of Directors approve the rezoning of the subject property to M-1 and amend the Future Land Use Map. He noted they had an opportunity to address the safety issue, and he also looked at that but could not find one record of an accident in that area. He commented Mt. Tabor Church has many members, and they have children’s events and have been accessing this for years. He said he did not believe the safety issue is the Board of Directors Meeting 8 November 9, 2010 at 7:00 P.M. primary reason this should be denied because he does not think there is a true safety issue. Director Maruthur pointed out that when he previously appeared before the Board regarding a development that was going on around his home and almost point-by-point, he argued the opposite. Mr. Hurst replied that is correct, but there is a major difference in that the area that is going to be utilized as a mini storage is not directly impacting or directly adjacent to any of these homes. Director Maruthur responded that is what was said when he previously appeared before the Board. Mr. Hurst pointed out what they were contemplating was an apartment project in the neighborhood, and he believes there is a big difference. He added the mini storage is not a high-traffic business and is not the kind of business that attracts retail customers. He said that Stan, Wendy and Austin Smith want to develop something that is esthetic for the neighborhood. Director McCabe asked if it was R-2 when his client acquired the property, and Mr. Hurst said that it was. Mr. Phillip Montgomery, 135 Section Line Road (business address), and residing at 336 Mellwood, said that he was approached by several residents yesterday who live in the area with concerns over the rezoning issue. One of the concerns expressed was that once this property is rezoned M-1, that opens up the property to several different uses. He said the Zoning Code covers dozens of uses, and the main concerns of these residents is once this property is rezoned M-1, it is not necessarily going to be storage units and could be used for any one of the uses listed in the Zoning Code. He stated one of the other concerns they expressed is the road in the area, which is 18 feet wide and does not comply as it stands now with Hot Springs City Code, which requires 24 feet (12 feet on each side). He said in front of a church, it requires a five-foot sidewalk. He commented it is his understanding if the area were rezoned, Planning would not require the developer to widen the road that is there. However, the developer will be required to change the access point from that road into his property for Fire Department use and other uses. He noted commercial use in that area could only stress that traffic concern even greater, and many of the people that he represents have lived in that area for over 40 years. He pointed out there are people who walk up and down the street and children who play in the street, and a commercial use of the property will only create greater traffic concerns. Regarding a storage facility, he pointed out there will be larger and heavier vehicles on this road. He noted that Mr. Hurst had mentioned a warehouse that is located on adjacent property, and that Board of Directors Meeting 9 November 9, 2010 at 7:00 P.M. warehouse is outside the City’s zoning requirements. He said the City zoning requirements should apply equally regardless of where that property is located; and if the property is located adjacent to County property, the City should not relax its standards with regard to zoning requirements. He said he believe these residents have valid concerns. Mr. Austin Smith distributed a map indicating the location of Mt. Tabor Road and the area they are trying to get rezoned. To the west of the property, he said there is another tract of land that they own; and it is in the County. To the north of the proposed property is a commercial warehouse, and a church is to the east. He stated the only access they have to this property is through Mt. Tabor Road. He added everything to the south on the loop, they own all around the loop; and this is owned by State Highway. Therefore, they have no other access to this property other than Mt. Tabor Road, which is already being used for commercial aspects. He said it is his opinion that on a weekly basis, their storage facility will have a lot less traffic than any of the church meetings they may have or the commercial warehouse. He stressed their impact as far as traffic will be minimal to what is already going on there, and all they are asking is to be allowed what their adjacent neighbors are doing. Ms. April Mowery, 112 Mt. Tabor, said she owns property across the street from the site and expressed concerns about the size of the vehicles, such as trucks with trailers and larger automobiles. She added it is very close for two sedan-size cars to meet on that road. She noted that even though a church and commercial building are there, there are cars at the church and not trailers, RV’s and boats, which will create a traffic hazard for people trying to pull in and out onto Albert Pike. Mr. Benny Walters, 125 Lura Drive, said part of the concern is over the traffic. He stated he is a member of Mt. Tabor Church but is not representing church. He mentioned the church holds singings on the second Saturday of every month, which creates a lot of cars. Periodically they have gospel bands come in; and on occasions, they had to use the lot across the street for parking; but there have been no accidents. As far as the commercial building on the other side, he said it was leased at one time to Arkansas Acoustic; and they had 18-wheelers up and down Mt. Tabor delivering materials to that building. He mentioned that Mr. Smith may not lease that to another type of business that will be bringing in 18-wheelers, but it is a possibility. Ms. Brenda Mayberry, 110 Mt. Tabor, said she moved to the neighborhood in 2004 and expressed safety concerns. She stated she purchased her home from the Board of Directors Meeting 10 November 9, 2010 at 7:00 P.M. gentleman who owned the Arkansas Acoustics, and he told her he had problems bringing his large equipment up and down the hill and later moved his business. Mr. Stan Smith, 3020 Airport Road, stated that he has a storage business at this address and would have no objection if there were some kind of condition placed on this rezoning; but the storage building is all he wants to do. Regarding the road situation, he said he will widen the road to his property and stop at the driveway. Mr. Charlie Mowery, 112 Mt. Tabor, commented that the crime rate in their neighborhood is high; and there have been four robberies in the last 1½ years; and there was one last week. He said the last time he voiced his concerns to Mr. Smith, he said he would put up cameras, lights, and security fencing. However, when the thieves cannot get into their property, they will come to the residences. Also, he commented the road is too narrow even though he said he would widen it; but when the acoustic business was there, motorists could not be on the road with an 18-wheeler and had to be off the side of the road. He stated if somebody is coming down there now with a trailer, motorists have to pull off the side of the road. He reported there have not been any accidents, but there will now be a larger possibility of accidents. Ms. Patsy Smith, 106 Mt. Tabor, said she has lived there for 48 years and has grandchildren and great grandchildren and expressed concern with the safety. Also, she stated there is the possibility the crime rate will increase in the neighborhood. She noted the street is very narrow and creates a hazard. She mentioned the county commercial building is owned by Mr. Robertson, who is using it for storage. She pointed out there are problems with tractor trailer rigs that cannot go up the street and the Police Department has been called four times to help those tractor trailer rigs back their rigs out. Mr. Bruce Brady, 208 Mt. Tabor, said he owns the undeveloped property across the street. He stated from the very first house to the last house, their children play in the front yard and in the street. However, motorists who does not know this street, do not know to watch for the children. He also pointed out these type of businesses create crime and quoted an article in the newspaper regarding a series of burglaries at Lock & Stor on Higdon Ferry Road, and the Police Department received four reports of burglaries during the last two months at this location. He pointed out if they cannot get in the storage units, there are plenty of houses where nobody is home to break into. He mentioned when they were having a meeting at Mt. Tabor Community Church a couple of weeks prior to the Planning Commission meeting, his wife asked Mr. Austin Board of Directors Meeting 11 November 9, 2010 at 7:00 P.M. Smith four times if he would want this in his neighborhood, and he said that he would not. Ms. Carol Brady, 208 Mt. Tabor, noted even if he widens the road to where the storage is, there is still more of that road to go, including a hairpin turn, which would not be widened. She said if motorists should miss the mini storage, they have no place to go but up into the County where the roads get even narrower and would have to go down Sour Rock Springs Road to a point where a regular pickup truck can barely make it down the street. She mentioned this morning a dump truck blocked the road just past where Mr. Smith wants this; and for over one hour, no one on the upper portion of Mt. Tabor Road could get through. She urged the Board to leave the zoning as it is, pointing out their neighborhood has everything to lose from this; and in the current economic times, they are losing money on their homes right now. Ms. Donna Klaysson, 259 Sour Rock Springs Road, said the neighborhood is not just concerned with the 100 block of Mt. Tabor; but there is a dangerous intersection at Mt. Tabor and the highway. If motorists come off the exit or if they are coming east on the highway and are on the exit, they cannot turn left onto Mt. Tabor; the exit goes past that. She added the next street is Brice. They only have 100 feet to get over four lanes and an inner lane, and it is a very narrow street. Motorists have to go around another narrow street, and they go to the next large street, which is Sour Rock Springs Road, which goes straight down like Mt. Tabor, then it curves and adjoins the upper Mt. Tabor. She pointed out the church does not have the activities referred to all the time, only occasionally. She said usually they use the church on Sunday, Sunday night, and Wednesday night; but they are the same people and do not have trailers or trucks. In regard to the statement made by Mr. Smith at the first meeting held at the church, she personally asked him if they would fix that road; and his response was “No, we have no responsibility to do that. It is a city road, and they would not let us do that.” She mentioned the other concern is his extra six acres behind this four acres. He told them at the first meeting that he had six acres back there, and he could put anything on it he wants. She stated he was letting them know if the residents do not let them to put the storage units on this four acres, they are going to put anything they want in the back six acres; and the residents would not be able to stop them. She said if the Board rezones this property, it is not only allowing him to put in whatever he wants in that four acres but is giving him freedom to the six acres that he cannot get into any other way except Mt. Tabor. She spoke of her vision problems and problems with balance, and the extra traffic on Sour Rock Springs Road would be stressful when she is walking her pets or going to the mail box. Board of Directors Meeting 12 November 9, 2010 at 7:00 P.M.  Mr. Robert Klaysson, 259 Sour Rock Springs Road, mentioned that a good portion of the traffic from Mt. Tabor people and the Sour Rock Springs Road people use the Sour Rock Springs Road entrance because it is an easier and safer entrance to Albert Pike. He stated a good portion of Sour Rock Springs Road is a hill going up to the water tower, and this hill is only 12 feet wide. He mentioned it is already crumbling on one side and is very dangerous. Ms. Gwen Saylor, 100 Nashua, which is between Mt. Tabor and Brice, said she is the only house on that road; and her property backs up to the church. She stated she never hears anyone at the church and never sees cars over there. She expressed concern for her two children and said she had two break-ins last week, which will be worse if this is rezoned. Ms. Kathy Mowery, 113 Bentley Terrace, stated she is an adjoining property owner and is also a certified real estate appraiser and commercial appraiser. In looking at the legal conditions in Code §16-2-42, she said it states because of its lower densities, that R-2 will be appropriate on steeper topography; and developments should exist away from both residential development and intensely developed commercial areas. Also, the close proximity to industrial developments would more than likely have a negative effect on surrounding property marketing times and financing options. She advised FHA will not loan FHA money to anyone across that has an industrial use. She pointed out there are 14 properties directly across from this; and according to the Bell Curve organizational chart used by real estate professionals, there are two levels of damage and detrimental classifications that negatively affect property values. On her inspection, she noted the following areas that already are negatively impacted by things in the neighborhood: traffic congestion is a Level 5 on this chart of 1 to 10; the freeway noise is a Level 5, as well as the on-ramp to MLK that is already been put there. She pointed out this has negatively impacted their values. She said there is potential light pollution from the lighting from this, and the elevation of this site is much higher in areas than the surrounding properties across the street. She added if there is a 35- foot light pole, which they can put in their area, it is going to come down 50 feet and illuminate in their windows day and night. She advised that in trying to ascertain the damage, she looked for a property that had sold in an area with similar commercial development and found one. She noted in the last four years, there has been a mini storage put in at the corner of Adcock and Marion Anderson. In 2006, it sold for $141,000; and in 2007 after the storage buildings were built, it sold for $134,000 (a five percent decrease). She said she was unable to determine any other cause or decline, such as Board of Directors Meeting 13 November 9, 2010 at 7:00 P.M. there was not a divorce or foreclosure. Next, she looked at the floor-to-area ratios of what could be built there, and she took the mini storage and assessed their proposed use. She stated it is a 70 percent ratio for an M-1 zoning; and if they built 10 x 10 units, they could build 1,463, 10 x 10 units on that site and still have 30 percent left for the roads, or they could build one large 146,000-square foot building. In regard to the density levels for the R-2 zoning, she said it is 12,000 square feet per site so they could build 3.6 single-family units per acre for a total of 17 single-family units which is more appealing to the neighbors than 1,463 people accessing the single units. At one of the meetings, she said she asked Mr. Smith how he gets rid of the property that is left in the units, and he informed her they hold a public sale and publish it in the newspaper. She pointed out this is against city ordinance. She advised there is a storage facility in the County, and unknown people can come in and access that property and come into their neighborhood. Director Maruthur stated that it is clear that the people in the community do not want a change in this zoning, and the Planning Commission unanimously denied this. She said it is her personal opinion that the concerns and desires of the existing residents take priority over the desires of others to do whatever in a neighborhood. She mentioned this is their greatest investment; and in this economy, housing is at risk and to go against the people is not the right thing to do. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Director Ramick. Voting “no”: Directors Maruthur, Jones, Keheley, McCabe, Daniel, and Bush, total 6; motion failed. Whereupon the ordinance was declared failed. 19 Proposed Ordinance No. O-10-48 An ordinance entitled, “AN ORDINANCE AMENDING ARTICLE III. (RESTRAINT) OF THE HOT SPRINGS ANIMAL CONTROL CODE (ORDINANCE NO. 4940); AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Maruthur, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Jones, duly seconded by Director Daniel, that the ordinance be passed as read. Board of Directors Meeting 14 November 9, 2010 at 7:00 P.M.  Upon discussion, Mr. Dan Bugg, Animal Services Director, said this ordinance allows for people to unleash their dogs in a dog park. He explained that people who live in the city or county can unleash their dogs in the park as long as they are in the park and abide by the park rules. Mayor Bush questioned when the fencing will start, and Mr. Bugg advised that it will start Thursday and will take about a week. He said the City had to rebid it because the people who bid on it filled out the bid forms wrong, and the rebidding took another 20 days. 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-10-49 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR A CONTRACT WITH URETEK, ICR MID-SOUTH, L.P. FOR CERTAIN MANHOLE SEALING PROCESSES AND PRODUCTS,” was taken from the agenda for consideration. A motion was made by Director Daniel, duly seconded by Director Ramick, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Keheley, 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 on April 6, 2010, the Board approved an annual supply contract with URETEK, ICR MID-SOUTH, L.P. as sole-source provider for a certain manhole sealing process and product in an amount not to exceed $100,000. He stated that to-date, URETEK has performed repair work using this method on 100 manholes and one pump station with exceptional results; and there has been a drastic decrease in flows during wet weather. He reported that currently the cost of that work performed to-date is nearing the $100,000 limit, but there are a few outstanding manhole repairs Board of Directors Meeting 15 November 9, 2010 at 7:00 P.M. that have not been addressed. During the time they were being repaired, a survey of the system was still being conducted, and it was unknown exactly how many manholes would be a good fit for this repair method. Staff believes waiving competitive bidding for an additional $50,000 to the same company for the same product to finish out the list of manholes is in the best interest of the City and Utility Department. He advised this work is part of Phase I of the manhole repairs budgeted at an overall $2 million. He added this is $150,000 out of an overall $2 million budget that will be funded through the existing Wastewater Bonds, and this is a portion of the project that was submitted to EPA in accordance with meeting the Consent Administrative Order the City is currently under. Director Keheley questioned the lifetime that can be expected on the sealer for these, and Mr. Mallett advised that in a restorative, structural integrity of the manhole, they have touted it will last as long as the original manhole; however, he did not believe the product has been around that long. He advised these have been used to pump up some foundations for houses and floors and actually used it on the fire station and used it to bring up the floor to its original level. He said it is guaranteed for a certain period of time but does not know exactly what that is. He mentioned it is supposed to replace the life of the original manhole, and many of these manholes have been in the ground from 40 to 60 years. He advised as long as they are not attacked with hydrogen sulfide gases, they usually last 30 to 40 years. Director Maruthur said the intent of this is to raise it so that it is flush and when driving over it, the tires do not go down into it. Mr. Mallett explained that it could be used for that in certain circumstances. However, in this application, the City is basically using the foam to find all the small pinholes and cracks in the manholes; and it fills in those foams and expands. When it expands, it fills up the cracks and seams and whatever is remaining comes out in the manhole and basically fills in all the cracks and creases in the manhole. Director Maruthur asked if this could be used in the wastewater grates, and Mr. Mallett advised that it can be used any place where there is something that needs to be sealed where it has seepage either through a crack or pinhole. Director McCabe asked if this was a continuation of the infiltration project, and Mr. Mallett replied that it was. Board of Directors Meeting 16 November 9, 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. OTHER BUSINESS 21 Board of Directors Items for Discussion Director Maruthur reported there will be a Park Avenue Community Association meeting on Monday, November 15, 2010, at 6 p.m. The Board will be having its work session at that time; but for those who want to attend the meeting, it will be held at the Tower of Strength Church on Park Avenue. 22 City Manager’s Report City Manager Lance Hudnell gave the following report: 1. Recently the Advertising and Promotion Commission approved some new signage, and these are the major billboards that go on the highways coming into the City. 2. The Downtown Christmas Parade will be held on Monday, December 6, at 6:30 p.m., with the theme being “Christmas in the Park.” The entry deadline for the parade is Friday, November 12; and the forms are on the City’s website. 3. City offices are closed on Thursday, November 11, for Veterans’ Day. Sanitation service will be the following day. IT buses will run on this holiday, except the office will be closed. 4. Santa Train is Saturday, December 4, at 2 p.m., at the Transportation Depot. Board of Directors Meeting 17 November 9, 2010 at 7:00 P.M.  5. The Fall Photo Contest is now going on, and details of that are in the “What’s New” box on the City’s website. Entry deadline is Monday, November 15. 6. Regarding “Keep America Beautiful,” the Beautification Commission received the President’s Circle Recognition Award, which was presented on November 4. 7. Mr. Jason Bullock complimented Kevin in Sanitation for brush pickup at his property. Ms. Lisa Vargo dealt with one of the utility customers who called in and expressed his thanks to her. A thank-you was received regarding the Planning Department and Ms. Sellman for the renovation of one of the CDBG homes from Grandpa, Holly, and Scooter. Ruthie Murphy, at the Airport, thanked Michael at the Animal Services Department for his help. The City has been going through a lot of things with regard to its water meters, but Mr. Polk called in expressing a special appreciation to Junior Tedford, who helped him understand how his new meter was working. Ronald Shaw, of the Code Compliance Department, passed the Green Building Residential Manager examination for International Code Council. He noted that many times these are tests and various certifications that some of the employees go through that are on their own time, and they have to study for that after-hours, and many of these tests are not easy to pass. 8. There are openings on the Community Development Advisory Committee (one vacancy for a citizen-at-large position) and Parks and Recreation Advisory Committee. 9. Budget work sessions will be held on Monday, November 15, at 4:00 p.m. The second work session will be on Monday, November 22, immediately following the agenda meeting. 23 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:30 p.m., to meet again on Tuesday, November 23, 2010, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Board of Directors Meeting 18 November 9, 2010 at 7:00 P.M.  Lance Spicer, City Clerk Mike Bush, Mayor Board of Directors Meeting 19 November 9, 2010 at 7:00 P.M.