Board of Directors

MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD MAY 7, 2024 The City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building on May 7, 2024. The meeting was called to order by Mayor Judy Nation. Roll Call: Blair, Wiles, Rissler, Carroll, Smiley and Allen— present. Hunt— Absent. City Representatives Present: Allan Gilbert, City Administrator; Jene' Fain, Assistant City Clerk; Jay B. Williams, City Attorney; Scott Miller, Police Chief; Kris Paxton, Community Development Director; Ben Rhoads, Senior City Planner; Kevin Moore, City Engineer; Dustin Kindell, Interim Fire Chief; Christina Petriches, Finance Director. Director Wiles led the opening prayer. Mayor Nation led the Pledge of Allegiance. Nation asked if there were any comments from the audience regarding an item not on the City' s agenda. Presentations— Mayor Judy Nation presented a proclamation recognizing Professional Municipal Clerks Week as May 5- May 11, 2024, and extends the city' s appreciation to Renea Ellis for the outstanding job she has done for the city. The mayor asked if there were any comments on an item on the Consent Agenda. Consent Agenda A. Regular Meeting Minutes/ April 16, 2024 B. Airport Division/ Runway Pavement Rehabilitation/ Change Order O1A/$ 29, 037. 72 A motion to approve the consent agenda as presented was made by Smiley and seconded by Rissler. Motion passed unanimously. Item C: Ordinance 24- 08/ 3rd Reading/ Amending City Municipal Code/ Section 82- 41 / Rates. Bobby Key, Sanitation Foreman, briefed the item. A motion was made by Smiley and seconded by Rissler, to place Ordinance 24- 08 on its third reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: AN ORDINANCE AMENDING CHAPTER 82, SECTION 41, OF THE SILOAM SPRINGS MUNICIPAL CODE; RATES; was read on its third reading. Board of Directors Meeting Minutes Page 12 May 7, 2024 A motion to adopt Ordinance 24- 08 was made by Allen and seconded by Rissler. Motion passed 6- 0. Item D: Ordinance 24- 09/ 3rd Reading/ Amending Municipal Code/ Chapter 102/ Short Term Rentals. Ben Rhoads briefed the item. A motion was made by Smiley and seconded by Rissler to place Ordinance 24-09 on its third reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: AN ORDINANCE AMENDING CHAPTER 102 OF THE MUNICIPAL CODE WITH RESPECT TO SHORT TERM RENTALS; was read on its third reading. A motion to adopt Ordinance 24- 09 was made by Allen and seconded by Rissler. Motion passed 6- 0. Item E: Ordinance 24- 12/ 1" Reading/ Amending Section 102- 21 of the City Municipal Code/ Rezoning from A- 1 to P- D/ 3500 Block of E. Kenwood St. Ben Rhoads briefed Items E and F simultaneously. A motion was made by Carroll and seconded by Rissler, to place Ordinance 24- 12 on its first reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: AN ORDINANCE AMENDING SECTION 102- 21 OF THE SILOAM SPRINGS MUNICIPAL CODE ( CITY ZONING MAP); REZONING( FROM A- 1 TO P- D) PROPERTY LOCATED AT THE 3500 BLOCK OF EAST KENWOOD STREET; was read on its first reading. Item F: Ordinance 24- 13 / lsi Reading Amending Section 102- 21 of the City Municipal Code/ Rezoning from A- 1 to R-2/ 3500 Block of E. Kenwood St. Ben Rhoads had previously briefed the item. A motion was made by Smiley and seconded by Carroll, to place Ordinance 24- 13 on its first reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: AN ORDINANCE AMENDING SECTION 102- 21 OF THE SILOAM SPRINGS MUNICIPAL CODE( CITY ZONING MAP); REZONING( FROM A- 1 TO R-2) PROPERTY LOCATED AT THE 3500 BLOCK OF EAST KENWOOD STREET; was read on its first reading. Board of Directors Meeting Minutes Page 13 May 7, 2024 Item G: Resolution 23- 24/ 1st Reading Significant Development Permit/ 2900 Block of Waukesha Rd. ( Anchor RV Park). Ben Rhoads briefed the item. Rissler states she attended the meeting with the Benton County Planning Commission regarding this issue. She expressed disappointment in the county and felt the city was disrespected. She states the Benton County Planning Commission does not have a representative on the board representing the city. She expressed that her opinion was not personal to the landowners. Allen states that he would like to see it referred back to the Benton County Planning Commission. Blair states she also attended the Benton County Planning Commission meeting and felt very disrespected by the county. She feels it will affect property values in the area and would also like to see this matter tabled. Rissler wanted to know if this issue can be appealed and City Attorney, Jay Williams, advised the city cannot but the citizens can make such a request. It was later stated, the only party who can appeal a decision by the Planning Committee would be the owners of the property in question and not the owners of surrounding properties. Renea Ellis questioned if the city owning the Kayak Park property would affect the planning in that the city may be connected to a navigable stream to which City Attorney Jay Williams advised he does not believe that would apply to this matter. James Barnett, 21261 Abberley Lane, is concerned about the location and believes it will affect property values. Randy Box, 21249 Abberley Lane, read a letter he and his wife sent to the owners of the proposed RV Park. He states he walks Waukesha Road 6- 7 days per week and is concerned about the increase in traffic and types of people who will be coming into the area. Russell Taylor, 23640 War Eagle Blacktop Road, is the owner of the RV park and the owner of Illinois River RV and Floats on Hwy 59. They believe their RV park will be an asset to the community. They have experience running an RV park and their plan is to have a very nice park that will operate well. Steven McLeod, 2795 Waukesha Road, owner of the property across from the RV park, said he supports the owners and believes it is a good idea; however, feels that there is a better location for the RV park. Angela Johnson, 17931 Fisher Ford Road, stated she agrees with her neighbors that it is a great idea just not a great location in her opinion. Ron Homeyer, Civil Engineering, he is JP in Ward 12. He was previously on the Benton County Planning Commission and believes the neighbors only option would be court intervention. There were several questions regarding the land use map. Paxton advised the land use map is mainly used for zoning after annexation. It is not used to regulate; however, it is used to predict future growth areas. Ben Rhoads, Senior Planner, advised that certified letters were mailed to all residents regarding the RV park as well as newspaper publication and signage placed on the property. He had not heard from any of the landowners until tonight regarding their position on the property. He stated even if he had, he is not convinced it would have changed his recommendation regarding the permit application. Rebecca Wyatt, 1109 Jewel, believes it would increase noise and traffic in that area and devalue the property. She questioned City Attorney Jay Williams regarding the property owner' s legal recourse. Williams stated a lot of factual information had been shared; however, this is not a zoning hearing in that it is the County' s responsibility to determine the zoning in this area. This vote is to determine whether the city standards were met pursuant to the city plans. Carroll stated he is concerned about the precedent the Board is setting in this hearing. The owners of the RV park have done everything they legally were required to do. He believes the board has been out of order tonight. He understands the feelings of the surrounding property owners. It is not the Board' s job to put personality in to but to ensure the legal standards have been met which he Board of Directors Meeting Minutes Page 14 May 7, 2024 feels have been proven. A motion was made by Smiley and seconded by Carroll to approve Resolution 23- 24, subject to the three listed conditions. Motion carried 4- 2, with Blair and Allen voting no. Item H: Resolution 24- 24/ Significant Development Permit/ 3948 Hwy. 412 East( O' Reilly Auto Parts). Ben Rhoads briefed the item. A motion was made by Smiley and seconded by Rissler to approve Resolution 24- 24, subject to staff' s recommended conditions. Motion carried unanimously. Item I: March Financials. Christina Petriches briefed the quarterly report. Item J: Administrator' s Report. Allan Gilbert reviewed the items listed on the attached report. He also wanted to remind everyone the ribbon cutting at the Siloam Springs Golf Course has been rescheduled to May 9, 2024, due to the weather. Directors Reports- Allen— He appreciates the leadership training although he could not attend. He thanks Christina Petriches for the quarterly financial report. He extends congratulations to Renea Ellis for her work with the city. Congratulations to Arthur Hulbert for a successful 50th Dogwood Festival. He had his 44th high school reunion wherein a golf pro was very happy to hear that Brian Minnis is running the Siloam Springs Golf Course. He extends his thoughts to the family of Susie Gilbert for her passing. He states governments must make hard decisions and was disappointed the citizens did not have more of a say in the resolution that passed tonight. Smiley— She extends her gratitude for the annexation workshop and believes growth is important. She appreciates the comments and communication during board meetings and the diligence of the planning commission. She appreciates all thoughts and prayers for her and her family. Carroll— Thank you Renea Ellis for your dedication to the city. He enjoyed the summer meeting last Friday. He enjoyed seeing and associating with the employees who work for the city. He states if he is not at the next board meeting it is because he is enjoying time with his new twin grandbabies and not because he did not want to be present. Rissler— She expresses congratulations to Renea Ellis. She agrees with Smiley and appreciates the conversation tonight. She states it was not about feelings or it being personal. She appreciates City Attorney, Jay Williams, as she asks hard question and gets hard answers. She appreciated the leadership training and being around the staff. She also appreciated attending the summer meeting and states it was an amazing event. Blair — She states the summer meeting was a great time. She extends congratulations to Renea Ellis and Interim Fire Chief, Dustin Kindel!. She thanks Arthur Hulbert for a successful Board of Directors Meeting Minutes Page 15 May 7, 2024 Dogwood Festival and all he does for the community. She extends her condolences to the family of Susie Gilbert. Wiles— He extends his condolences to the family of Susie Gilbert and states she will be missed. He states the leadership training was exceptional and would like to see more. He enjoyed the activities at the summer meeting last Friday and wished he could have stayed until the end. With no further business, a motion was made by Wiles and seconded by Allen to adjourn the meeting. Motion carried. Meeting adjourned. ATTEST: APPROVED: R ea llis, City Clerk, CAMC/ CM AA- Vtffr Judy ation% a Id 441. O° e\ 1Y CL.E9' •, t1 Nuuluuulu+uni, SEAL ) M _ N. SPRINGS • J  WI Siloam Springs Administrator' s Report May 7, 2024 Expenditures: In excess of$ 30, 000 54, 367/ Superior Chevy/ 2024 Tahoe/ Emergency Response Vehicle/ Fire Department Per Resolution 07- 24 None 1. The Siloam Springs Golf Course Ribbon Cutting has been postponed to Thursday due to anticipated thunderstorms on Wednesday.