Board of Directors

City of Hot Springs, Arkansas Board of Directors Regular Meeting Minutes Tuesday. September 17. 2013 Board Chambers. City Hall Invocation by Joan Way Pledge of Allegiance to the Flag led by Mayor Ruth Carney Call to Order Meeting called to Order by Mayor Ruth Carney at 7:00 p.m. 1. Roll Call by City Clerk Lance Spicer Present 7- Directors Suzanne Davidson-District 1, Elaine Jones-District 2, Becca Clark-District 3, Pat McCabe-District 4, Karen Garcia-District 5, Randy Fale-District 6 and Mayor Ruth Carney. Absent none. Also present City Manager David Watkins and City Attorney Brian Albright. 2. Consider Approval of the Agenda Motion to Amend the Agenda Director Karen Garcia made a motion, duly seconded by Director Elaine Jones to amend the agenda by removing Item #15 Consider Resolution No. R-13-201 Awarding A Contract To Crist Engineers, Inc. For Certain Professional Services (Ouachita Water Treatment Plant Improvements Phase II), and Item #16 Consider Resolution No. R-13-202 Amending Resolution No. 3841, As Amended, (Financial Management Policies) By Amending The Operating Budget Policy Transfer Authority from the Consent Agenda and placing them as the first items under New Business. Upon roll call, the motion unanimously carried 7-0. Motion to Approve the Agenda As Amended Director Randy Fale made a motion, duly seconded by Director Karen Garcia to approve the agenda as amended. Upon voice vote, the motion unanimously carried 7-0. 3. Consider Minutes of the Board of Directors Meeting: > Regular Meeting held on September 3, 2013 Motion to Approve the Minutes as Presented. Director Randy Fale made a motion, duly seconded by Director Karen Garcia to approve the minutes as presented. Upon voice vote, the motion unanimously carried 7-0. 4. Recognition of Guests > Director Randy Fale introduced Melinda Gassaway and Mayor Carney read a proclamation honoring service to the City and declared September 18, 2013 as Melinda Gassaway Day. 5. City Manager's Report City Manager David Watkins highlighted the following item:  On Thursday evening, the City held their Employee Banquet. Thanked Directors Fale, Clark and Davidson for showing their support for the employees by attending. Thanked Minnie Lenox and Chris Crary for Co-hosting the event and then listed several winners from the evenings. 6. Board of Directors Announcements Director Suzanne Davidson > Announced there will be a PACA rummage sale this Saturday, in the Bee Inn. Director Karen Garcia > On October 1st, beginning at 6:20 a.m. will be the Garland County Prayer Breakfast at the Hot Springs Convention Center. > Also, on October 1st at 6:00 p.m., there will be a combined District 5 Community Meeting and National Night Out Event at the Forest Lakes Clubhouse. CONSENT AGENDA Motion to Approve the Consent Agenda A motion was made by Director Suzanne Davidson, duly seconded by Director Elaine Jones, that the Consent Agenda be approved. Roll Call Mayor Carney called for a vote on the Motion to Approve the Consent Agenda; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no" none, total 0; motion carried 7-0. The Consent Agenda consisted of the following: 7. Consider Public Safety Report 8. Consider Resolution No. R-13-194 Approving A Building Permit Fee Waiver For The Expansion Of The Veteran's Memorial Of Garland County, Arkansas. 9. Consider Resolution No. R-13-195 Authorizing The Acceptance Of A FY2014 Grant From The Federal Transportation Administration For Transit System Funding. Grant Amount $560,000 10. Consider Resolution No. R-13-196 Awarding A Bid To Centrol Inc. For Actuator And Valve Combination For The Lakeside Water Plant. $22,994.89 11. Consider Resolution No. R-13-197 Awarding A Contract To McHenry Excavating Of Arkansas, Inc. For Stormwater Drainage Repairs And Improvements, Phase II. $129,008.50 12. Consider Resolution No. R-13-198 Repealing Resolution No. 4978; And Adopting A New City Of Hot Springs Speed Hump Installation And Removal Policy.  13. Consider Resolution No. R-13-199 Amending Resolution No. 2342 (City Of Hot Springs Street Light Placement Policy); And Establishing New Procedures For Placement Requests And Evaluation. 14. Consider Resolution No. R-13-200 Awarding A Contract To Crist Engineers, Inc. For Certain Professional Services (Engineering Designs For The Ouachita Water Treatment Plant Improvements Phase I). $61,250 15. Consider Resolution No. R-13-201 Awarding A Contract To Crist Engineers, Inc. For Certain Professional Services (Ouachita Water Treatment Plant Improvements Phase II). $421,260 MOVED TO NEW BUSINESS 16. Consider Resolution No. R-13-202 Amending Resolution No. 3841, As Amended, (Financial Management Policies) By Amending The Operating Budget Policy Transfer Authority. MOVED TO NEW BUSINESS NEW BUSINESS 15. Proposed Resolution No. R-13-201 A Resolution entitled, "Awarding A Contract To Crist Engineers, Inc. For Certain Professional Services (Ouachita Water Treatment Plant Improvements Phase II)," was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Elaine Jones, duly seconded by Director Karen Garcia. Discussion: Gary Carnahan, City Engineer spoke to the item. Speakers: Director Karen Garcia Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no" none, total 0; motion carried 7-0. Whereupon the Resolution was declared adopted. 16. Consider Resolution No. R-13-202 A Resolution entitled, "Amending Resolution No. 3841, As Amended, (Financial Management Policies) By Amending The Operating Budget Policy Transfer Authority", was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Randy Fale, duly seconded by Director Becca Clark. Discussion: David Watkins, City Manager spoke to the item. Speakers: Directors Karen Garcia and Randy Fale Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no" none, total 0; motion carried 7-0. Whereupon the Resolution was declared adopted. 17. Consider Resolution No. R-13-203 A Resolution entitled, "Approving A Site Plan SPA-13-0080 At 2705 Central Avenue For Oaklawn Jockey Club/' was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Elaine Jones, duly seconded by Director Suzanne Davidson. Discussion: Kathy Sellman, Planning and Development Director spoke to the item. Speakers: Speaking against the item: John Girolamo, Doug Jones, JoAnn Privitello, Bob Driggers, Bill Riggins, Chris Reimers, Dan Lewin Speaking for the item: Don Schnipper, Steve Arrison, Jim Fram Directors Randy Fale, Karen Garcia, Elaine Jones and Mayor Carney City Attorney Brian Albright Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, and Fale, total 6. Voting "no", none, total 0 Abstaining from vote, Mayor Carney, total 1; motion carried 6-1. Whereupon the Resolution was declared adopted. 18. Consider Resolution No. R-13-204 A Resolution entitled, "Approving A Contract With Safetycom, Inc, For The Purchase And Installation Of An Emergency Warning Siren System For The Downtown Area," was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Elaine Jones, duly seconded by Director Becca Clark. Discussion: Max Sestili, Stormwater Manager and Ed Davis, Fire Chief spoke to the item. Speakers: Speaking against the item: Bob Driggers Directors Pat McCabe, Karen Garcia and Mayor Carney Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Resolution was declared adopted. 19. Consider Resolution No. R-13-205 A Resolution entitled, "Expressing The Willingness Of The City Of Hot Springs To Allow For The Installation Of A New Traffic Signal At Highway 7 South (Central Avenue) At Woodlawn Avenue," was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Elaine Jones, duly seconded by Director Suzanne Davidson.  Discussion: Denny McPhate, Public Works Director spoke to the item. Speakers: Speaking for the item: Don Beavers Speaking against the item: Dan Lewin Director Karen Garcia City Attorney Brian Albright Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Resolution was declared adopted 20. Proposed Ordinance No. 0-13-55 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Elaine Jones, duly seconded by Director Randy Fale, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 7-0. An Ordinance entitled, "Approving C-4 Regional Commercial/Open Display Zoning On 1.06 Acres At 115 Blackhawk, And Amending The Future Land Use Plan Map To Designate The Area Regional Commercial; And For Other Purposes/' was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Elaine Jones, duly seconded by Director Becca Clark. Discussion: Kathy Sellman, Planning and Development Director spoke to the item. Speakers: none Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Ordinance was declared adopted. 21. Proposed Ordinance No. 0-13-56 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Becca Clark, duly seconded by Director Pat McCabe, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 7-0. An Ordinance entitled, "Approving C-3 Office / Neighborhood Commercial Zoning On 7.672 Acres South Of 847 Whittington (Block 4 Lot 1R Lawrence Addition), And Amending The Future Land Use Plan Map To Designate The Area Linear Commercial Corridor; And For Other Purposes/' was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Elaine Jones, duly seconded by Director Pat McCabe.  Discussion: Kathy Sellman, Planning and Development Director spoke to the item. Speakers: MarkToth Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Ordinance was declared adopted. 22. Proposed Ordinance No. 0-13-57 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Becca Clark, duly seconded by Director Elaine Jones, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 7-0. An Ordinance entitled, "Approving C-3 Office / Neighborhood Commercial Zoning On 15.89 Acres Known As Lake Valley Community Church At 910 Shady Grove Road, And Amending The Future Land Use Plan Map To Designate The Area Commercial Enclave; And For Other Purposes/' was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Suzanne Davidson, duly seconded by Director Becca Clark. Discussion: Kathy Sellman, Planning and Development Director spoke to the item. Speakers: none Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Ordinance was declared adopted. 23. Proposed Ordinance No. 0-13-58 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Pat McCabe, duly seconded by Director Randy Fale, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 7-0. An Ordinance entitled, "Approving C-3 Office / Neighborhood Commercial Zoning On 5.772 Acres Generally Located At 200 & 201 Hollywood Avenue, And Amending The Future Land Use Plan Map To Designate The Area Office Center; And For Other Purposes," was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Randy Fale, duly seconded by Director Pat McCabe. Discussion: Kathy Sellman, Planning and Development Director spoke to the item.  Speakers: none Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Ordinance was declared adopted. 24. Proposed Ordinance No. 0-13-59 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Becca Clark, duly seconded by Director Suzanne Davidson, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 7-0. An Ordinance entitled, "Waiving The Requirements Of Competitive Bidding For Certain Professional Services (Regional Wastewater EQ Pond Liner Repair); Awarding A Contract To Piastic Fusion Fabricators, Inc.; And For Other Purposes/ was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Elaine Jones, duly seconded by Director Randy Fale. Discussion: Gary Carnahan, City Engineer spoke to the item. Speakers: none Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Ordinance was declared adopted. 25. Proposed Ordinance No. O-13-60 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Randy Fale, duly seconded by Director Karen Garcia, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 7-0. An Ordinance entitled, "Prohibiting Certain Commercial Displays; And For Other Purposes/ was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Becca Clark, duly seconded by Director Suzanne Davidson. Discussion: Brian Albright, City Attorney spoke to the item. Speakers: Directors Suzanne Davidson and Randy Fale Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Ordinance was declared adopted. 26. Proposed Ordinance No. O-13-61 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Elaine Jones, duly seconded by Director Becca Clark, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 7-0. An Ordinance entitled, "Accepting Mapco Drive In Hot Springs Located In 14-3S-20W Unplatted Subdivision As A City Street; And For Other Purposes/ was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Pat McCabe, duly seconded by Director Elaine Jones. Discussion: Denny McPhate, Public Works Director spoke to the item. Speakers: none Director Pat McCabe, Elaine Jones and Mayor Carney Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Ordinance was declared adopted. 27. Proposed Ordinance No. 0-13-62 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Becca Clark, duly seconded by Director Randy Fale, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 7-0. An Ordinance entitled, "Repealing Ordinance No. 3286; Adopting New Procedures For Review Of Traffic Control Requests And/Or Needs; And For Other Purposes/ was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Elaine Jones, duly seconded by Director Pat McCabe. Discussion: Denny McPhate, Public Works Director spoke to the item. Speakers: Director Karen Garcia City Attorney Brian Albright Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Ordinance was declared adopted. 28. Proposed Ordinance No. 0-13-63 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Randy Fale, duly seconded by Director Becca Clark, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 7-0. An Ordinance entitled, "Repealing Ordinance No. 3757, As Amended; Adopting New Procedures For Review Of Truck Routes; And For Other Purposes/ was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Pat McCabe, duly seconded by Director Randy Fale. Discussion: Denny McPhate, Public Works Director spoke to the item. Speakers: Director Elaine Jones Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Ordinance was declared adopted. 29. Proposed Ordinance No. 0-13-64 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Elaine Jones, duly seconded by Director Becca Clark, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 7-0. An Ordinance entitled, "Amending The Hot Springs Parade AndSpeciai Events Ordinance (Ordinance No. 5549, As Amended) By Changing Final Administrative Approval Authority For Parades And Special Event Requests; And For Other Purposes," was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Randy Fale, duly seconded by Director Suzanne Davidson. Discussion: Denny McPhate, Public Works Director spoke to the item. Speakers: Director Elaine Jones Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting "no", none, total 0; motion carried 7-0. Whereupon the Ordinance was declared adopted. 30. Proposed Ordinance No. O-13-65 Motion to Suspend Rules and Read by Title Only: A motion was made by Director Becca Clark, duly seconded by Director Suzanne Davidson, that the rules be suspended and the Ordinance be read once by title only; and upon voice vote, the motion unanimously carried 7-0.  An Ordinance entitled, "Authorizing Amendments To The Budget For The City Of Hot Springs, Arkansas, For The Year 2013; And For Other Purposes," was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Randy Fale, duly seconded by Director Elaine Jones. Discussion: Bill Burrough, Deputy City Manager spoke to the item. Speakers: Directors Karen Garcia, Pat McCabe and Randy Fale City Manager David Watkins Roll Call: Mayor Carney called for a vote on the Motion to adopt; and upon roll call, the following voted "aye" Directors Davidson, Jones, Clark, McCabe, and Fale, total 5. Voting "no", Director Garcia and Mayor Carney, total 2; motion carried 5-2. Whereupon the Ordinance was declared adopted. BOARD COMMENTARY 31. Board of Directors' Items for Discussion Director Randy Fale > Pointed out that we are seeing some real improvements by longstanding local companies that will help promote continued growth, development and job security within our community. 32. ADJOURNMENT There being no further business to come before the Board, a motion was made by Director Elaine Jones, duly seconded by Director Karen Garcia, that the meeting be adjourned; and upon voice vote, the motion unanimously carried 6-0. The Meeting adjourned at 10:00 p.m. to meet again on Tuesday, October 1, 2013, at 7:00 p.m. ATTEST: ( 7\v.UV\-/ APPROVED: ^S h V V\^ L± CM"vt Lance SpicerJ City Clerk Ruth Carney, Mayor