Board of Directors

MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD MARCH 3, 2015 The Board of Directors of the City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building, on March 3, 2015. The Meeting was called to order by Mayor Turner. Roll Call: Johnson, Smiley, Burns, Brown, Smith, Jones, Coleman –Present Phillip Patterson, City Administrator; Jay Williams, City Attorney; Renea Ellis, City Clerk; James Wilmeth, Police Chief; all present. Opening prayer was led by Director Scott Jones. Mayor John Turner led the Pledge of Allegiance. A copy of the February 17, 2015, minutes of the regular meeting had previously been given to each Director. A Motion was made by Smiley and seconded by Burns to accept the minutes. Mayor called for a voice vote. All Ayes. Motion passed unanimously. The next agenda item was the Open Hearing for Citizens Present. None came forward. The next item on the agenda was Ordinance 15-02 –Amending Section 18-111 of the Siloam Springs City Code to Adopt the 2014 Edition of the Arkansas Energy Code. A Motion to place Ordinance 15-02 on its third reading, suspending the rules and reading title only, was made by Johnson and seconded by Brown. Roll Call: Smiley, Burns, Brown, Smith, Jones, Coleman, Johnson –Aye. 7 Ayes. No Nays. Motion passed. An Ordinance entitled: AN ORDINANCE AMENDING SECTION 18-111 OF THE SILOAM SPRINGS CITY CODE TO ADOPT THE 2014 EDITION OF THE ARKANSAS ENERGY CODE was then read on its third reading. A Motion to Adopt Ordinance 15-02 was then made by Smiley and seconded by Smith. Roll Call: Burns, Brown, Smith, Jones, Coleman, Johnson, Smiley –Aye. 7 Ayes. No Nays. Motion passed. Board of Directors Minutes Page 2 March 3, 2015 The next agenda item was Ordinance 15-03 – Adopt New Stormwater & Drainage Management Standards Amending Section 42-61 and Section 42-62 of City Code. A Motion to place Ordinance 15-03 on its third reading, suspending the rules and reading title only, was made by Smiley and seconded by Brown. Roll Call: Brown, Smith, Jones, Coleman, Johnson, Smiley, Burns – Aye. 7 Ayes. No Nays. Motion passed. An Ordinance entitled: AN ORDINANCE ADOPTING NEW STORMWATER AND DRAINAGE MANAGEMENT STANDARDS FOR THE CITY OF SILOAM SPRINGS AND AMENDING SECTIONS 42-61 AND 42-62 OF THE SILOAM SPRINGS CITY CODE, Was read on its third reading. A Motion to Adopt Ordinance 15-03 was then made by Smiley and second by Brown. Roll Call: Smith, Jones, Coleman, Johnson, Smiley, Burns, Brown –Aye. 7 Ayes. No Nays. Motion passed. The next agenda item was Ordinance 15-04 –Authorize Purchase of Youth Sports Services from Boys & Girls Club w/o Competitive Bidding. Mayor stated this was previously tabled at the first Board meeting of February to March 3. He explained that an RFP had been put out but the bid opening was not until March 24, and that the information needed would not be ready until the first meeting in April. A motion to table the matter until the first meeting in April was made by Coleman and seconded by Burns. Discussion: Brown asked if the information would be available by April. Mayor answered yes. Brown asked if it would be possible to speed up the process. Coleman stated he did not believe the wording was how it was originally presented to the board. Coleman further stated a contract already exists, and, if approved, this would replace the existing contract. Jay Williams, City Attorney, stated he believed the wording was correct and that if the matter was tabled, it will have to come back as it is. Roll Call: Jones, Coleman, Johnson, Smiley, Burns, Brown, Smith –Aye. 7 Ayes. No Nays. Motion passed. The next item on the agenda is Ordinance 15-06 –Amend Section 102-21 of the City Municipal Code/Rezone R-3 to G-I property located at 311 S. Mt. Olive by The Reach Foundation, Inc. A Motion to place Ordinance 15-06 on it’s first, second and third reading, suspending the rules and reading title only, was made by Coleman and seconded by Brown. Roll Call: Coleman, Johnson, Smiley, Burns, Brown, Smith, Jones –Aye. 7 Ayes. No Nays. Motion passed. An Ordinance entitled: Board of Directors Minutes Page 3 March 3, 2015 AN ORDINANCE AMENDING SECTION 102-21 OF THE SILOAM SPRINGS MUNICIPAL CODE (CITY ZONING MAP); REZONING (FROM R-3 TO G-I) THE PROPERTY LOCATED AT 311 SOUTH MT. OLIVE STREET Was read on its first, second and third reading. A Motion to Adopt Ordinance 15-06 was then made by Coleman and seconded by Smiley. Roll Call: Johnson, Smiley, Burns, Brown, Smith, Jones, Coleman –Aye. 7 Ayes. No Nays. Motion passed. The next item on the agenda is Ordinance 15-07 –Amend Section 102-21 of the City Municipal Code/Rezone R-2 to G-I property located at 299 Holly Street and 1601, 1608, 1620, 1635 and 1670 Holly Place by John Brown University. A Motion to place Ordinance 15-07 on its first reading, suspending the rules and reading title only, was made by Smiley and seconded by Brown. Discussion: Burns stated there is one resident concerned about the development. The resident hopes JBU will keep a residential feel to the property. Steve Beers, John Brown University - 326 S. Prospect, stated the town has developed around us. He stated the whole G-I rezoning was started by JBU and that the process of rezoning this space was due to a code violation in the existing zoning laws. Beers stated there are no plans to build; just to get existing buildings in compliance. He believes the City’s ordinance structure provides the amount of checks and balances to allow JBU not to do something that would degrade someone’s property. Roll Call: Smiley, Burns, Brown, Smith, Jones, Coleman, Johnson –Aye. 7 Ayes. No Nays. Motion passed. An Ordinance entitled: AN ORDINANCE AMENDING SECTION 102-21 OF THE SILOAM SPRINGS MUNICIPAL CODE (CITY ZONING MAP); REZONING (FROM R-2 TO G-I) THE PROPERTY LOCATED AT 299 HOLLY STREET & 1601, 1608, 1620, 1635 AND 1670 HOLLY PLACE was read on its first reading. The next item on the Agenda was Ordinance 15-08 –Amend Section 102-21 of the City Municipal Code/Rezone R-2 to C-2 property located at 491 Highway 412 East/Superior Ford. A Motion to Place Ordinance 15-08 on its first, second and third reading, suspending the rules and reading title only, was made by Smiley and seconded by Jones. Roll Call: Burns, Brown, Smith, Jones, Coleman, Johnson, Smiley –Aye. 7 Ayes. No Nays. Motion passed. Board of Directors Minutes Page 4 March 3, 2015 An Ordinance entitled: AN ORDINANCE AMENDING SECTION 102-21 OF THE SILOAM SPRINGS MUNICIPAL CODE (CITY ZONING MAP); REZONING (FROM R-2 TO C-2) THE PROPERTY LOCATED AT 491 HIGHWAY 412 EAST Was read on its first, second and third reading. A Motion to Adopt Ordinance 15-08 was then made by Smiley and seconded by Jones. Roll Call: Brown, Smith, Jones, Coleman, Johnson, Smiley, Burns –Aye. 7 Ayes. No Nays. Motion passed. The next agenda item was Resolution 12-15 –Approve Significant Development Permit 2775 Hwy. 412 East by Grimail Crawford, Inc. on behalf of The Panda Group. A Motion to Approve Resolution 12-15 was made by Smiley and seconded by Burns. Discussion: Smith stated she noticed there was a green space variance, and asked to be enlightened on the matter. Ben Rhoads, City Planner, stated the Board of Adjustment approved a variance for two green space buffers; one on the West side and one on the North side. Rhoads stated the one on the west side is at a location of an existing access easement. He stated on the North side, they had trouble getting in to the dumpster; so they requested relief on that. Roll Call: Smith, Jones, Coleman, Johnson, Smiley, Burns, Brown –Aye. 7 Ayes. No Nays. Motion passed. The next item on the agenda was the Approval of an Arkansas Historic Preservation Program (AHPP) Grant Application for the Old Post Office in the sum of $38,666.66. A Motion to approve was made by Smiley and seconded by Jones. Discussion: Johnson asked if it would be from funds already allocated. Phillip Patterson, City Administrator, stated yes, that the City had set aside $500,000. Coleman asked if the money is still set aside. Patterson stated to his understanding, after discussions with the Finance Director, the beginning balance of the hospital fund as of January 1, 2015 was approximately $5,500,000. He stated there was some money taken out for the Police Department and Fire Department; there was money set aside for the Library and Old Post Office, but to his knowledge, the money is still in the budget. Smith thanked Dr. Posey and the museum board for their work in connection with the grant. Coleman stated he would like to see a proposal from the museum board in regard to using the $500,000 most efficiently. Smiley stated the museum advisory commission is still working and that a proposal is forthcoming. Roll Call: Jones, Coleman, Johnson, Smiley, Burns, Brown, Smith –Aye. 7Ayes. No Nays. Motion passed. The next agenda item was the Approval of a 3-year Contract Extension with Waste Management for Solid Waste Hauling. A Motion to Approve was made by Burns and seconded by Brown. Discussion: Bob Highfill, 340 Primrose, asked if Waste Management currently hauls the solid waste. He went on Board of Directors Minutes Page 5 March 3, 2015 to state that this is a $960,000 per year project; City will need revenue. Highfill asked if the City can’t save money by hauling trash themselves. Randy Atkinson, Public Services Manager, stated there is a clause in the 3-year contract stating they can get out of it with a 120-day notice and that discussions were in the process regarding the City hauling its own trash. Burns asked if they’re considering a move in the next budget cycle. Atkinson answered yes; that they plan to present that to the Board in the October/November 2016 budget discussion. Roll Call: Coleman, Johnson, Smiley, Burns, Brown, Smith, Jones –Aye. 7 Ayes. No Nays. Motion passed. The next item on the agenda was the Approval of a Construction Manager at Risk. Nabholz Construction Co. was recommended with regard to the Library, soccer complex bathrooms and concession, animal services and the remodel of the City Administration building. A Motion to approve Nabholz Construction was made by Smiley and seconded by Burns. Discussion: Burns stated he was concerned regarding the Library project start date; he believes it could begin in April. Jones asked if by approving this, would the City be paying Nabholz for each of these projects, even if the project does not happen. Jay Williams, City Attorney, stated it is based on the actual construction. Smiley asked if a guaranteed price is needed first. Mayor stated yes. Williams stated they get a percentage of 4.5% for the initial approval, and if anything is added, (i.e. change order), they receive a higher percentage. Johnson asked what ‘at risk’ means. Williams explained that if project costs run higher than the guaranteed maximum price, Nabholz would absorb the overage. Brown asked if the remodel at City Hall was downstairs to create space for Parks and Recreation. Patterson answered saying it has not been determined. He said the plan is to remodel the downstairs and use it more efficiently than it’s currently being used. Mayor stated replacing the air conditioner is included in the remodel. Roll Call: Johnson, Smiley, Burns, Brown, Smith, Jones, Coleman –Aye. 7 Ayes. No Nays. Motion Passed. Administrator’s Report: Patterson stated Johnson had requested a tour of the Parks and Recreation Maintenance Facility. He stated he thinks it would be best to have an orientation for all new Board members after elected. If others would like to attend, they are welcome to do so. Patterson stated he would like to possibly have all Board members tour other facilities throughout the year. Patterson thanked the Board of Directors for part of his employment agreement allowing him to take time to return to Colorado and get everything moved here. Mayor stated the 6A Basketball Tournament is being held this week and encouraged everyone to get out and support our team. Mayor stated there will be at least one more Legislative Briefing held at the Chamber of Commerce. He mentioned that Joyce Ann Munn passed away and would be greatly missed. He went on to state her service was attended by many. Mayor reminded everyone Badges and Bagels will be on Tuesday, March 10th, at 5pm at the Police Station. KURM radio will broadcast live on Tuesday, March 10th at 7:15. He stated Chief Wilmeth will be out of town, so Major Geoff Lewis will be filling in. Open Hearing of Directors: Brown welcomed Phillip Patterson, and said he looked forward to working with him. Burns stated on March 7th there will be the Pancake Breakfast at Fire House Board of Directors Minutes Page 6 March 3, 2015 Station 1. He stated Ward 2 has had progress, even without help of the Chamber. Burns stated he would like to possibly rename the hospital fund in the 2016 budget to Community Projects. Johnson stated the Tournament at the high school will start at 1pm on March 4th; Siloam will be playing Thursday at 1pm and 2:30pm. Smith reminded everyone that on April 10, Siloam Springs will be having the Main Street Fundraiser at 28 Springs. She stated the money raised from this event helps fund things such as the farmers market, and encouraged everyone to sign up. Jones stated on April 1, the electric bills will increase again. He stated he would like to talk about this at the next meeting and get into detail regarding what the rate increase would be. Coleman stated he disagrees with Burns about renaming the hospital funds. He would like to spend it between now and then instead of renaming. He stated he is still working on the housing authority project. Coleman then made a motion to adjourn; seconded by Smiley. The Mayor called for a voice vote. All Ayes. Motion passed. Meeting adjourned. APPROVED: ATTEST: John Mark Turner, Mayor Renea Ellis, City Clerk {seal}