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Board of Directors

Regular Meeting

Hot Springs, AR · January 6, 2003

AgendaMinutes

Minutes

MINUTES BOARD OF DIRECTORS MEETING JANUARY 6, 2003, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, January 6, 2003, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. J. E. Sanders, 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, Burt Newell, Carroll Weatherford, Bill Edwards, Bob Wheeler, and Mike Bush, total 7. 2 Approval of Agenda A motion was made by Director Maruthur, duly seconded by Director Wheeler, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of December 16, 2002 Board Meeting A motion was made by Director Edwards, duly seconded by Director Maruthur, that the minutes of the December 16, 2002 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Mayor Bush recognized newly elected Director Carroll Weatherford from District 4. Director Edwards reported on his trip to the National League of Cities in Salt Lake City, Utah, and expressed appreciation to the Board for allowing him to represent the City. He mentioned that he served on the Energy and Environmental and Natural Resources Committee. He expressed concern with cities applying for grants which require hiring employees; and after the grant period has expired, the cities must then pay these employees’ salaries and fringe benefits. He said that he supports grants requiring one-time funding and suggested delaying accepting grants for the next six to eight months. He noted that he has material from Overland Park, Kansas, and attended one of their meetings on energy efficiency which comes from light bulbs at City Hall to street lighting on the streets. He said there are some new LEDS that will save money, and he will submit this information to Dennis Wooldridge in the Traffic Services Department. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Proposed Resolution No. R-03-1 Approving Certain Bid Awards (a) Baler/Conveyor - Utilities (awarded to J. V. Manufacturing, in the amount of $64,503). 6 Public Safety Committee Report (December 18, 2002). 7 Proposed Resolution No. R-03-2 Approving the Extension of Agreements with Frank Manzer & Associates (Primary Appraiser) and B&G Appraisal Services (Secondary Appraiser) for Appraisal Services. 8 Proposed Resolution No. R-03-3 Extending an Agreement with AVFUEL Corporation to Provide Fuel Services for the Hot Springs Municipal Airport. 9 Proposed Resolution No. R-03-4 Amending Resolution No. 4965 (Facility Use Policy for the Transportation Center) by Including the Downtown Parking Deck. 2 10 Proposed Resolution No. R-03-5 Authorizing the Mayor to Execute a Lease Agreement with the Government of the United States of America for Office Space at the Hot Springs Memorial Field Airport Terminal Building. 11 Proposed Resolution No. R-03-6 Authorizing Work on Behalf of the Arkansas School for Mathematics and Sciences for Certain Renovations and Repairs. 12 Proposed Resolution No. R-03-7 Authorizing the Mayor and City Manager to Execute a Memorandum of Understanding with Arkansas School for Mathematics and Sciences. 13 Proposed Resolution No. R-03-8 Fixing and Time and Date for a Hearing to Vacate, Abandon and Close a Portion of Sorrell Street. 14 Proposed Resolution No. R-03-9 Approving a Sister City Officials Exchange Program Guideline. 15 Proposed Resolution No. R-03-10 Awarding a Contract for 2002-10 Sewer Line Improvements to Co-Bar Construction at Gorge Road and McLeod Street. 16 Proposed Resolution No. R-03-11 Awarding a Contract for 2002-8 Water/Sewer Line Improvements (Highway 70 East) to Boyles Construction. A motion was made by Director Wheeler, duly seconded by Director Maruthur, that the Consent Agenda be approved; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Director Maruthur mentioned several the items on the Public Safety Committee report, which reflect certain changes: a change for turning on Glade Street for trucks and another one is a traffic change in front of the Majestic and a redesign by Mountain Valley and Park. City Manager Kent Myers added these are traffic improvement projects that Director Maruthur has been working on for several years. He stated there is a new engineer from the Highway Department representing this area (Mr. David Lambert), who has been receptive to the 3 City’s comments and recommendations. These problems were pointed out to him several months ago during a visit between Director Maruthur, Deputy City Manager Lance Hudnell, and Public Works Project Director Ron Kohler. He immediately followed up on these ideas, which indicates a new direction for the Highway Department in terms of its responsiveness to the community. OLD BUSINESS 17 Proposed Resolution No. R-02-280 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 AT 226 PROSPECT (Darch Hotel),” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Maruthur, that the resolution be adopted. Upon discussion, Mr. Bart Jones, Rehab Administrator, gave a slide presentation of the properties at 226 Prospect and 228 Prospect. Mr. Jack Greenway, Chief Building Official, advised that the Darch Hotel and Knickerbocker Hotel are in the same condition. He noted a chronological sequence of events starting in 1996 and stated it originally came to the Code Compliance Department via the Fire Marshall. stating the building was in disrepair and a fire hazard. Since then, the ownership has changed. He stated that he has not seen much progress on the building, but some structural improvements have been made. In response to Mayor Bush, Mr. Greenway stated this property was first condemned March 22, 1996. Mayor Bush questioned why it has not been condemned since that time; and Mr. Jones advised that shortly after that condemnation, the current owners bought it at a tax sale at which point the City went through the process of working with them. They removed the backs of both structures; and in 2000, they did some structural repairs to it. The City has been trying to get the building secured, weatherized, and closed up so it will be safe. Board of Directors Meeting 4 January 6, 2003 at 7:00 P.M. Mr. Greenway explained that the large, open time frame was a redemption period so the building was basically in limbo on that tax. Mr. John Girolamo was recognized and submitted photographs of the property. He then gave a history of the building, noting that at the end of 1996, he was requested to speak to the Board to save these buildings from demolition (Darch Hotel and Knickerbocker Hotel). At the meeting, he explained there were people willing to do the work on the building; and it had been seized by the federal government for IRS taxes. He was prepared to bid for it and that the City delay the demolition. At that meeting, the City voted to demolish the building. The owners proceeded to purchase the property; and although it has been stated there was a period of redemption, which is 180 days, they proceeded to immediately begin to empty and gut the building at substantial expense and work. He said this was totally at the risk of these buildings being redeemed, and the attempted redemption took place on the 181st day. Therefore, he was actually one day from losing all of the work that he had put in within approximately a six-month period. He stated that according to the photographs being distributed, the Darch Hotel had collapsed on the roof to the basement. After doing a substantial amount of demolition and replacing all of the joists on the roof, which took approximately 1 to1½ years, he acquired a mortgage for $470,000 from a company based in Michigan. Without any notice to the owners, there was a bid put out to demolish the property. He added that he is not the owner of the property but Landmark Holding, for which he is speaking, as well as National Historic Properties, Inc. and First Prospect Corporation. He then contacted the City’s Building Department and questioned why they were not notified. He said that he heard about this from the mortgage company. They lost the mortgage but proceeded and received an engineering report which stated that in order to stabilize the buildings, all of the joists had to be replaced at least 24-inch on center. He stated they not only replaced it 24-inch on center but built a 12-inch on center, which is not only 100 percent more than the engineer requested but 30 percent more than the building was originally built (originally built at 16-inch on center). He stated that according to the photographs, every joist in the Darch Hotel was replaced, and almost every joist in the roof was replaced. New roof sheeting and felt paper were installed to keep it dry. He mentioned that approximately 2½ years ago, without any notice, there was an order to condemn. He came to the City’s Building Department and questioned why he or the corporation was not notified. He then asked for a meeting in the City Manager’s Office with the following present: he, Mr. Jack Greenway, Mr. Bart Jones, City Manager Kent Myers, some of the companies’ employees, and Mr. Larry Jones, former Planning and Development Director. At that meeting, he questioned when the building was inspected and Board of Directors Meeting 5 January 6, 2003 at 7:00 P.M. why he was not notified; and Mr. Greenway advised that he did not enter the building but observed and used his judgment, which was his determination. Mr. Girolamo said he requested that everyone inspect the building and every joist in the building was replaced; there was a new staircase to the roof and a new roof on the building. This was also the case at the Knickerbocker Hotel. He advised that the buildings are open at this time for a reason. He said it is not unusual for buildings that are being restored and is safer and less deterioration on buildings that are open, especially when there are sewer problems. He stated the inside of the Darch Hotel is totally rotted, and one of the reasons for an eco-system such as that, which rots away the wood, is basically because there is a sewer back-up. Three years ago, he spoke with Public Works Project Director Ron Kohler regarding the issue because the sewer system for those buildings, including Southwestern Bell, runs behind the buildings. He commented that no action has been taken regarding the sewer in the back of the building. He said that to this day, there has never been a violation issued on these buildings in writing and no notice. In June of this year, when the City was replacing the water mains for Prospect Avenue, he contacted the Plumbing Department and advised them there is a copy of the sprinkler system plans and specifications, which he had an assessment by a sprinkler company and how much it would cost. He stated that he felt it was now time to install it, and Mr. Kohler, Public Works Project Director advised that he would get back with him. A week passed and during that time, he went to the Building Department and pulled the file on both of these buildings. He noted there was nothing unusual in the file. He was looking at the file to see if the copy of the blueprint for the sprinkler and layout was in the file. A week later, he spoke to Mr. Don Cochran, Utilities Director, who said the City is going to put it in and Mr. Girolamo would have to sign a letter agreeing to reimburse the City for $8,500, to which he agreed. He said he wrote a letter stating he would reimburs e the City $8,500 upon the connection of the sprinkler system, which was to be for the Darch Hotel and Knickerbocker Hotel. He said the only violation he ever received was by Mr. Stauder, Housing Inspector, for high grass growing in the back. He noted there were condemnation orders placed on the Darch Hotel and Knickerbocker Hotel, dated September 25 and September 26. He went to the Building Department and questioned why he was not sent a violation. He said if the City would have sent a notice to corre ct this problem, he said he would have corrected it. He was advised that the letter was put in the mail on the same day these notices were placed on the building. He said he was not asking for a special privilege but is asking for a reasonable courtesy. He stated if the City has a problem with any activity in which he is involved, then he suggested the City call or give him a violation. He said if anyone reviews the records at the present time, they will not see one violation issued. Since they have taken over these buildings, there has not been one violation issued. Board of Directors Meeting 6 January 6, 2003 at 7:00 P.M. Director Edwards asked what is plans are at the present time, and Mr. Girolamo said that he is closing up the buildings and is in the process of doing it right now. He stated on these particular buildings, he will have it done within six weeks (closing them up). Mayor Bush asked if he was not going to take any action until the City requested it; and Mr. Girolamo stated if something is out of order, the City needs to let him know. Director Newell questioned if the buildings will be up to code; and Mr. Girolamo said his understanding that the request now is to close the buildings, which he understands is the only issue at the present time. Director Maruthur said she was the only current Board Member when he first got the buildings; and if he has the video tape, he should know that she did not vote to condemn the buildings. Mr. Girolamo responded that he said the majority voted to condemn. Director Maruthur noted that she has not voted to tear down any historic building. However, he bought this in 1997; and the last time there was any activity was in 1999. She mentioned the City has an ordinance to board and secure, and the Board tabled these condemnations because of his unfortunate injury. She commented that she did not want to see these structures removed and agreed with the treatment of historic buildings. However, the Board passed a board and secure ordinance; and when driving behind the buildings, it is obvious they are not boarded and secured. Her concern is that he puts in these stairways; and if someone can just walk in and go up those stairs, he is liable for their injuries. She said they might be trespassing, but the reason for boarding and securing is to protect the structure and the people. Mr. Girolamo said if an individual entered the building, there is no way to access the upper floor from the downstairs because it is boarded. Director Maruthur stated that he said the reason he did not board and secure, especially the Darch Hotel, was due to the sewer problem. City Manager Kent Myers said that tonight is the first time he has ever heard about a sewer problem, and the City’s Utilities Director is indicating that he has never heard of one. He stated that they did meet in March 2000 at the building (Mr. Girolamo, City Manager Kent Myers, Mr. Jack Greenway, and Mr. Larry Jones). He noted that he agreed Mr. Girolamo had some progress that they observed at that point with the stairway, floors and ceiling. However, at that time, they clearly explained to him the need to secure the building and continue the progress Board of Directors Meeting 7 January 6, 2003 at 7:00 P.M. he had made over the previous 6 to 12 months. He said that Mr. Girolamo indicated at that meeting he was going to continue that progress and immediately secure the building. He pointed out this was three years ago, and this is the reason it is back before the Board. He said that Mr. Greenway and Mr. Jones have laid out the chronology where it shows he did make some real progress up to that period of time, but they also lay out the chronology that shows he has made virtually no progress in the last three years. He stressed that the key issue is to board and secure the building. He responded to a comment that Mr. Girolamo made that someone inspected the building without his permission. He pointed out that it is obvious in looking at the pictures that no one needs to go inside the building to determine whether it is boarded and secured, and this can be determined100 yards away. He said that is the findings that Mr. Greenway made, which is obviously not boarded and secured. Regarding the statement that it does not need to be boarded and secured due to sewer problems, he said that he has never heard about any sewer problems. Also, he does not know how sewer problems relate to boarding and securing it. He commented that the building needs to be boarded and secured, and Mr. Girolamo was told that three years ago and virtually no progress has been made. Mr. Girolamo replied that he was never told to board and secure, noting after it was inspected that day and after he found out that the mortgage had been canceled, he called City Manager Kent Myers and asked him if this was a mistake; and he indicated it was a blunder, meaning the inspection of this building and the way it was done. He said that all that needed to be done at anytime was for the City to issue a violation. However, there are no violations on this building. City Manager Kent Myers pointed out the re is a term known as “buyer beware,” and he was aware when he purchased the building in 1997 with the conditions of the building, as well as what programs the City had in place at that time, and purchased the building at a tax sale. He added he did not believe there are any surprises the City has made. Mr. Girolamo said the only surprise that exists is there was no violation issued. He said any reasonable person would not assume there is a violation if he never received one. He commented if the City would have given him one six months ago, two years ago or a year ago, he would have repaired it. City Manager Kent Myers pointed out that the building was condemned a year prior to his buying it at a tax lien, and there was a condemnation action approved by the Board as part of the public record. Board of Directors Meeting 8 January 6, 2003 at 7:00 P.M. Mr. Girolamo said he understands when permits are issued for a building, that the building must be first secured and stable. He noted there is an engineering report that the Darch Hotel, in particular, was stabilized. Because of the way the situation was handled, the mortgage was lost. He stated when the City does not give notice and does not provide people with reasonable notice, there is nothing to follow. Therefore, he cannot follow instructions that are not given. He said that he received a notice to clean the property of grass; and some of that property, they do not own. Director Newell pointed out that nothing has been done to these two properties (Darch Hotel and Knickerbocker Hotel). Director Maruthur said there are two issues she would like to see resolved tonight. Half of the buildings are missing; and she wants to see them boarded and secured; also, there is the sewer problem. Mr. Girolamo replied that he agreed, as well as Mr. Jones, to block the sewer lines in front of the building so that no sewer lines would go in there. Director Maruthur asked at what time he is going to board and secure these buildings, and Mr. Girolamo advised that he has already started. Previously he said that within six weeks these will be boarded up completely, which means putting on four stories of studs. Director Edwards said he was by there today, and Mr. Girolamo has done a lot of boarding in the front. He questioned when that was done, and Mr. Girolamo replied that he did that as soon as he took the permit out. He added that they re -papered the entire roof. Deputy City Manager Lance Hudnell commented there is a 27-step process the City follows and reminded the Board that sometimes it becomes confusing because a condemnation action that is before the Board tonight begins the process. He added that is what puts the owner on notice that there are violations, which need to be corrected. Mr. Jones said if the Board follows staff’s recommendation to condemn these tonight, the owners have 30 days to bring them into compliance, which would be to secure the buildings. Mr. Girolamo said he could do that in six weeks, and Code Compliance would have to bring this back to the Board for it to approve the demolition. If the Board would like to extend that 30 days to 45 Board of Directors Meeting 9 January 6, 2003 at 7:00 P.M. days and proceed with the condemnation. If he has it done, staff will come back to the Board and report they are secure. If not, the City would be in a position to remove the buildings at that time. Director Maruthur commented this will be the beginning of taking some action to securing these buildings and does not mean they will be torn down if the condemnation is approved. Director Wheeler questioned the time frame, and Mr. Jones said he could not answer that question, adding that the City could raze and remove the structures 30 days from today. If the owner has them secured within that time period and is in compliance, the City will not do so. City Manager Kent Myers explained that the City has to bid the demolition out since this is such a large project and bring those bids back to the Board. Therefore, there is another approval authority in approximately 60 days before there is any action to remove this structure. The Board’s passage of this resolution tonight will not result in that building being torn down without further action by the Board. Mr. Girolamo stated that out of all ten buildings in which he is involved, there is not one violation of record; and anything that has ever been requested has been done. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 18 Proposed Resolution No. R-02-281 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 AT 228 PROSPECT,”(Knickerbocker Hotel) was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Newell, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers advised that the developer of Romer Courts had repeatedly complimented the City staff, particularly M r. Greenway and Mr. Jones, for their ability to work with him on that project. He stated that building was close to being torn down; and if it were not for the efforts of the City staff working with Mr. Gary Alkire on the project, that project would not look as it does today. Board of Directors Meeting 10 January 6, 2003 at 7:00 P.M. Director Maruthur stated she was at a courtyard celebration opening, and she has always returned Mr. Girolamo’s calls. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 19 Proposed Resolution No. R-02-329 A resolution entitled, “A RESOLUTION ADOPTING THE 2003 STREET PAVING PROGRAM,” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Director Newell stated he had proposed several minor changes to the paving program. The main change he would like to make is to the remove the two projects on Clark Street and add South Street from Third to Summer since that street has much more traffic. He stated that since the time these streets were first evaluated, it has deteriorated more. In response to City Manager Kent Myers, Director Newell said that he was referring to Clark A and B. The recommendation for the Board to consider is to take that off the list and add South Street from Third to Summer. He asked if the City can still do that project within the budget, and Mr. Jerry Pogue replied that Clark Street A from Oaklawn to Oakwood is rated a priority on the paving list. It is rated a priority 8 and 10, and the value of paving that section is $9,300; South Street from Summer to Third is rated 99, and the value of that is $30,300. He said if the Board is going to eliminate Clark A, it might as well eliminate Clark B&C, which are the other two sections of Clark Street. If the Board took that action, instead of $9,300, it is $18,600. He stated if the City is going to pave Summer from Summer to Third, the Board might want to consider going all the way to Linwood. If that occurs, this would amount to $44,800 on South. If the Board wanted to trade out all of Clark for all of South, the difference would be $26,200. Director Newell stated that in the paving program considered at the last Board Meeting, there was $121,000 to be spent in his district; and now he has $106,000 since the last meeting. He Board of Directors Meeting 11 January 6, 2003 at 7:00 P.M. commented that obviously without input from him, it has been reduced. He suggested adding that street back to the list. Mr. Jerry Pogue explained that the problem staff had in looking at the priority of the streets to be paved, it does not consider districts. If staff made an equal break between each district each year, then the City would probably be paving streets that did not need to be paved. Director Maruthur pointed out there were two streets in District 1 she had submitted late after the resolution was tabled, which are Ramble Street and a small connector street (Carney which is heavily used for people to go inside the neighborhood). She emphasized that she wanted those two streets included on the list, even as an alternate. Mr. Pogue advised he did not see either one of them on the alternate list, but he can review the data base. Director Jones stated that according to the map, motorists travel from Brad to Garland and to Maurice. She noted there is short street that cuts through there around Hagen and Dawer. She requested that staff look at that street since it is in bad condition. She pointed out there is a large amount of traffic from Grand Avenue going through there to Central. Mr. Pogue said the City receives requests on a weekly basis from citizens who want their streets looked at, and the City reassesses the streets. Occasionally, things happen that the City is unaware of such as where Arkla or a utility has made a street cut for water and sewer. Staff rates the streets as it receives requests. Director Newell questioned what happened to these streets within the last two weeks. He pointed out that now Linwood is completely off the proposal; and Fourth Street, which was on two weeks ago, is now completely removed. Mr. Pogue stated that the more time staff has, the more it is able to do a better job of selecting the streets. As far as Linwood, it was in the 2002 budget but was one of two streets that did not get paved and has been rolled over into 2003. He said possibly it will have the Finance Department approval to proceed and pave it even though it is past the deadline. Board of Directors Meeting 12 January 6, 2003 at 7:00 P.M. Director Newell commented if it were on the 2002 list and did not get to it, then why would it not be the very first street placed in the 2003 budget. Mr. Pogue explained they are trying to do it with 2002 money; and there are funds in the 2002 budget for that. City Manager Kent Myers stated that at the next Board Meeting, the staff will ask the Board to reappropriate money to pave that street since it was to be done in 2002, but there were some gas lines in the way. The City has the money in last year’s budget and will ask the Board to reappropriate so Linwood can be done in 2003. Director Newell questioned the status of Fourth Street in the last two weeks; and Mr. Pogue advised that it was reevaluated. Director Newell urged that the City reevaluate South Street. Mayor Bush suggested that the Board table the resolution until the Directors review what they have in their districts and get back to the employees at the staff level and get it corrected. Director Jones pointed out that Crescent Street is completely off the list, and Mr. Pogue replied that Crescent and Linwood are carried over from last year to this year. Director Maruthur stated that in the past, the City has not had a perfect record getting streets paved at the request of someone or the evaluation and then having a utility repair required for that street. She said that was one of the reasons she wanted Prospect Avenue postponed because she was hoping to get the water line replacement. She stressed that she wants to be certain the streets on the list are not in the works for Arkla and other utilities. Mayor Bush advised that is Mr. Pogue’s responsibility. City Manager Kent Myers stated that Linwood is not paved because the City wanted to make sure before it was paved, the gas company had completed its work. After the Board approves this, Mr. Pogue and his staff will meet with Mr. Cochran and his staff and review all the water and sewer lines. They will then determine which lines needed to be replaced, etc. The same meetings will be held with other local utility companies, but the City does not want to do any of that until the Board approves the list and then that process starts. Director Maruthur stated that is why the City instituted the replacement program to get those old lines. She stated there are a couple of streets she has held off on because they have Board of Directors Meeting 13 January 6, 2003 at 7:00 P.M. had so many breaks; and until she knows for sure those lines are going to be replaced, it does not make any sense to submit a street and get it paved. Mr. Pogue advised that was the intent this year of presenting an alternate list because upon Board approval of the Street Paving Program, the City staff will meet with the various entities and get their approval before the City can actually say it can pave this street. If the street needs to be prepared by Arkla or the City’s Water and Sewer Department, the City staff can find out if it will be done this year so it can be paved. If it cannot, then the City will be removing that street from the alternate list. Director Edwards said he did not want to change any of the streets on the list, such as TV Hill Road, Clark Street, Elice and Marwinette Place. However, he requested that City staff look at Hazel Street, which is one of the worst streets in that area. Mr. Pogue advised that presently Hazel Street has a street priority rating of 772 out of 1,350 streets. Director Edwards requested that Mr. Pogue drive down Ouachita and north to Quapaw on Hazel. Mr. Bob Hanson appeared before the Board mentioning several streets in his area that have been paved. Mayor Bush requested that when paving for 2004 is considered at a work session, the Directors carefully review the streets in their districts and then meet as a work group. Director Newell said there was a proposed list that he considered and discussed with several people in this district; but that list, as presented, has changed. A motion was made by Director Maruthur, duly seconded by Director Jones, that the resolution be tabled. Upon discussion, Director Maruthur stated that the newspaper did an excellent job in mentioning all of the streets. Director Newell commented what appeared in the newspaper has now changed. Board of Directors Meeting 14 January 6, 2003 at 7:00 P.M. Director Edwards stressed that he did not want to make any changes for District 5 that are listed in the Board packet tonight. Mayor Wheeler said he had 30 more streets that need paving also in this district, but he is not going to get it with the budget the City has. He stated the Board needs to listen to the other Directors who have made the contacts. He add there are some streets that are worse than what is listed; but until they see them and go over them, this will not help this year. He said the City needs to take the money where it has it this year and put it where it has been marked or make a change. He stated that will be up to each Director to make that change. Mayor Bush then called for a vote on the motion to table the resolution; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. PUBLIC HEARING 20 Public Hearing on Petition to Vacate Certain Streets and Alleys Located in Interurban Heights Addition This being the time and date set for a public hearing on the petition to vacate certain streets and alleys located in Interurban Heights Addition, Mayor Bush declared the public hearing open. There being no comments, Mayor Bush declared the public hearing closed. NEW BUSINESS 21 Proposed Ordinance No. O-03-1 An ordinance entitled, “AN ORDINANCE VACATING CERTAIN STREETS AND ALLEYS LOCATED IN INTERURBAN HEIGHTS ADDITION,” was taken from the agenda for consideration. A motion was made by Director Wheeler, 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 Board of Directors Meeting 15 January 6, 2003 at 7:00 P.M. upon the question “Shall the ordinance be passed as read?” and upon motion of Director Wheeler, duly seconded by Director Jones, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was de clared passed. 22 Claim from Mary Zody ($250) A motion was made by Director Jones, duly seconded by Director Maruthur, that the claim from Mary Zody in the amount of $250 be approved. Upon discussion, Ms. Mary Zody, 263 Talisman Street, was recognized appealing to the Board the denial of a claim. She reported that on September 23, she turned into her drive alleyway while driving a motorcycle; and as she made it into her driveway, her motorcycle hit gravel, dirt, leaves and sticks, which caused her to lose control of her motorcycle, hitting the concrete with her back and head. Her motorcycle incurred a large amount of damage and was rendered undriveable. She said she was helped by an individual and called her insurance company to report the accident. She asked that the insurance company come out at that time and take pictures of the driveway, but the insurance company said it did not know who was at fault. Therefore, they did not. She spoke of her ability to drive a motorcycle and her excellent driving record, as well as organizations she is associated with that deal with riding motorcycles. She said she was informed by a neighbor that the Street Department had come through on September 23 and clear cut the alley to allow the Sanitation trucks to get through. She e-mailed the City advising of the debris that was left behind. On September 26, the drive alleyway by her home was completely cleaned to its original state, and some new asphalt had been applied around the cement pad. She later received a follow-up call by Mr. Jim Scott and Mr. Kohler. On October 2, she wrote a letter to Mr. Scott explaining the accident; and he sent a claims payment policy by mail. She mailed it back; and on Friday, November 8, she received a letter from Mr. Scott stating that the claim had been denied. She was told “the City is of the opinion it did not cause any conditions not already in existence that caused her accident to occur.” She said that she found this statement to be very offensive in light of the video tape she will show. She commented it is her opinion that the accident was caused as a direct result of the debris left by the City. She received a response from City Manager Kent Myers questioning why she had not filled out a police report and if there were witnesses. She said that she had a witness but did not get his name when she hit her head. She stated that a police report could have been filled out, but her concern at that time was getting her scalp cleaned and calling her insurance company. She then showed a Board of Directors Meeting 16 January 6, 2003 at 7:00 P.M. video of the area and asked that the City pay the claim of her insurance deductible in the amount of $250. Director Edwards asked if she drove down this alley the day before, and Ms. Zody advised that she did; and none of the debris was there. Mayor Bush asked for an explanation of what was happening that day in this area, and Mr. Clarence Galbert, Street Superintendent, advised that they had a work order to go through the alley and clear it because it was hitting vehicles and scratching up sanitation trucks. Normally the crew works from one end to the other end and trims everything down. They take a backhoe with a clam shell bucket and start scraping, picking it up and putting in it in the dump truck. He noted this is the normal process. Mayor Bush then called for a vote on the motion to approve the payment of $250. Upon discussion, City Manager Kent Myers reported that he expressed to Ms. Zody several times if there is a major accident and an injury from that accident, which occurs on a public roadway, it needs to be reported to the Police Department so it can be investigated, as well as the conditions. However, none of that information is available because the Police Department was not called. Director Weatherford questioned if the alley was public or private, and City Manager Kent Myers advised that it is a public alley. Director Maruthur commented that the City is not legally responsible because of tort immunity, and this is an ethical question. Director Edwards noted that the City has an accident reconstruction person with the Police Department, and City Manager Kent Myers advised that Sergeant McCormick did go out following the filing of the claim, which was several weeks later; and it was impossible for him to determine at that time because the conditions had changed over the prior two -week period. Mayor Bush then called for a vote on the motion to approve the claim; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, and Newell, total 3. Voting “no”: Directors Weatherford, Edwards, Wheeler and Bush, total 4; motion failed. Board of Directors Meeting 17 January 6, 2003 at 7:00 P.M. 23 Proposed Resolution No. R-03-12 A resolution entitled, “A RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WATER AND SEWER SERVICE TO THE 300 BLOCK OF SPRINGWOOD,” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Wheeler, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, advised that staff has received a request from Mr. Brad Holmes, property owner, for wa ter and sewer service extensions for the 300 block of Springwood. He added that the request includes installing 375 feet of a two -inch water main. The City’s existing ordinance relating to water line extensions outside the City limits states that the minimum water line size is to be six inches. Staff recommends that the ordinance not be waived regarding the requirement of the water line extension. The developer has agreed to pay all of the costs related to these utility extensions, but Mr. Holmes would like for the Board to approve this as a two -inch water main. Mayor Bush questioned the difference in the cost, and Mr. Cochran advised that a six- inch water main will cost approximately $15 a foot, but he did not know the exact cost of the two- inch material. He mentioned it would be a material cost; and labor, which is going to be basically the same. Mr. Brad Holmes stated he bought this property at an auction. There were four lots auctioned on Springwood, and he purchased Tract 2. There was an existing water service to a cabin on the property, which is across the property; and there was approximately 300 feet of water run to that cabin. A gentleman from Pine Bluff bought it with the understanding that these utilities would have to be moved. Tract 1, which borders Springwood, had a water meter that ran to the existing house across the property, and that service has now been changed over to Tract 1. He said he met with Mr. Steve Mallett, Utilities Engineer, who suggested that an engineer design a water system to come in for the other three houses. He called Mr. Ricky Hood, a plumber, who suggested contacting Mr. Milton Raabe, who is doing some freelance engineering. He came up with a plan running a two-inch line (sewer and water). He advised they would have to cross Springwood, dig under the road, and tap a six-inch line; but he was not aware there was a City ordinance until Friday requiring that he have a six-inch line. As far as the price on the two - inch line, he has been quoted $3.50 a foot; but he has not been quoted a price for the six-inch line. Board of Directors Meeting 18 January 6, 2003 at 7:00 P.M. He commented that Windamere is a street that veers off from Springwood at their property, which has a two-inch line with approximately 20-30 houses on it. He proposes to put in a project with three houses, and it is at the end of a line. If anyone puts in a sprinkler system, lake water will be used since it is lakefront property. At the present time, he is looking at project of about $6,000, which he did not expect; but the property owners are in agreement to share the cost. Tract 1 has a one-inch line with plenty of flow, and a two-inch line is four to five times the flow of a one -inch line. City Manager Kent Myers questioned that in his conversation with Mr. Hood and Mr. Raabe, they never made him aware that the City requires six-inch water and sewer lines; and Mr. Holmes said that he was not aware of it. Director Maruthur questioned staff’s recommendation, which is that the ordinance should not be waived; and Mr. Cochran advised that it is staff’s recommendation. Regarding setting precedents, he said did not feel it is in the City’s best interest to come to the Board every time these issues arise and ask the Board to waive ordinances for the benefit of the developer if they choose not to install what the City requires. He added that he is not going to recommend that the Board waive the ordinance and is not going to tell the Board that the two -inch line would not meet the water demands of these three homes. He said he has not seen any plans for the homes; and it is his understanding they may be 2,200 square -foot homes. According to Mr. Holmes, he is telling the City there would be no sprinkler systems, which is a factor. He stressed that the City’s ordinance requires a six-inch water main, and staff recommends upholding the ordinance. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 24 Proposed Resolution No. R-03-13 A resolution entitled, “A RESOLUTION AMENDING RESOLUTION NO. 3194 ESTABLISHING A WATER AND SEWER LINE EXTENSION POLICY BY ADDING A COST RECOVERY SECTION,” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Weatherford, that the resolution be adopted as read. Board of Directors Meeting 19 January 6, 2003 at 7:00 P.M. Upon discussion, Mr. Don Cochran, Director of Utilities, advised that the City has an existing policy for water and sewer line extensions; but there has been a past practice of managing a cost recovery for the original developer that is not in the policy. He explained if a developer puts in a water line to serve a lot and then his neighbor comes in and wants to connect to that water line, the new connection is required to pay some of the cost of that construction back to the original developer. The City’s policy did not cover that, and there was not a clear understanding of how that will take place. He added this is developed around what is referred to as a front-footage fee. Staff is recommending making an addendum to the policy requiring that within a five-year period, the original developer would be entitled to cost recovery from any future connections to the line that the developer has funded. Mayor Bush asked if his office would manage that amount of money on that developer, and Mr. Cochran advised that he and Mr. Mallett have looked at this several different ways. However, this appears to be the easiest way for staff to manage without hiring any additional personnel to administer it. He pointed out if the City upsizes the line or absorbs the expense of upsizing any water line, then the developer would only be entitled to the cost recovery related to the design capacity of the line needed to serve his development. The developer would not be entitled to any cost recovery for additional capacity paid for by the City. City Attorney David White questioned the City’s current practice, and Mr. Cochran advised that it has been a past practice. It is his understanding that developers who have come to staff have asked for $2,000 for any connections that tie to the water line they have installed. He explained what brought this to light is a situation on Westinghouse Road where a developer was told he would get $2,000 per connection. A connection was made, and he came back and wanted $6,000 instead. He stressed there was no clear policy to administer this. Therefore, at that time, staff decided it needed to have a policy in print that makes this consistent and clear. City Attorney David White asked if the City was acting as a collecting agent for developers, and Mr. Cochran replied that more or less it was. Director Weatherford questioned if the City can do that, and City Attorney David White stated he did not have an answer at this time. Mayor Bush asked if this has been a past practice, and Finance Director Linda Baker advised this practice has been going on before the Water Department was under the Board of Directors but under the Water Commission. She noted that basically what would happen is a Board of Directors Meeting 20 January 6, 2003 at 7:00 P.M. signed agreement between the Water Company and the developer that the City would collect these connection fees for the developers. Mr. Cochran said most of this has been from a letter from the Utilities Engineer to the developer or future developer, and none of these individual situations have come to the Board for approval. Director Maruthur commented that in essence, this is taking an action the City has been doing and making it official; and Mr. Cochran said that was correct; also, it makes it consistent so that everyone is treated the same. Director Weatherford asked if it was for water and sewer, and Mr. Cochran advised that it was. Director Weatherford questioned why the City could not go back to the homeowner or the developer and let them collect. He said that whenever they apply for a permit, they have to bring a letter from the developer or homeowner saying that it has been taken care of and takes it out of the City’s hands. Mr. Cochran said that would be an option and is the Board’s decision. City Attorney David White questioned who establishes the cost the City is going to collect from new purchasers, and Mr. Cochran advised that the City is going to use the latest market price or engineer’s estimate. The City’s Utilities Engineer will look at what the going price has been, and that is what the City will base the reimbursements. Director Weatherford questioned if the developer can make money on this or only recoup what he has spent, and Mr. Cochran explained that is why the City is going with whatever the current rate is from the City’s engineer’s estimates. He added the developers could come in and get the contractor to give them an invoice for a certain amount but only charge half for putting in a water line and try to make a profit. To keep that from happening, the City is going to go with its engineer’s estimated cost on the current rate for installing water or sewer lines. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Edwards, and Bush, total 5. Voting “no”: Directors Weatherford and Wheeler, total 2; motion carried. Whereupon the resolution was declared adopted. Board of Directors Meeting 21 January 6, 2003 at 7:00 P.M. 25 Proposed Ordinance No. O-03-2 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PURCHASE OF CERTAIN REAL PROPERTY (127 PALM) RELATED TO THE HOT SPRINGS CIVIC AND CONVENTION CENTER EXPANSION PROJECT; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Wheeler, duly seconded by Director Newell, 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, City Manager Kent Myers explained this one of the final parcels proposed for the Board to acquire for Civic Center parking and is located on Palm Street surrounded by property currently owned by the City. This will allow the City to continue parking development, and this property is critical to the City’s project and the Embassy Suites Hotel project. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 26 Proposed Ordinance No. O-03-3 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PROCUREMENT OF CERTAIN PARKING DECK CONTROL EQUIPMENT, SOFTWARE AND SPARE PARTS; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Wheeler, duly seconded by Director Weatherford, 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 Board of Directors Meeting 22 January 6, 2003 at 7:00 P.M. upon the question “Shall the ordinance be passed as read?” and upon motion of Director Maruthur, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, City Manager Kent M yers explained the downtown parking deck will be operated by electronic equipment and will be the final equipment necessary to open the facility Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 27 Proposed Ordinance No. O-03-4 An ordinance entitled, “AN ORDINANCE PROVIDING FOR THE REGULATION OF PERSONS AND VEHICLES ON PUBLIC PARKING LOTS AND PARKING FACILITIES OWNED AND OPERATED BY THE CITY OF HOT SPRINGS,” was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Wheeler, 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 Newell, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Director Edwards questioned if this has not been in effect; and Deputy City Manager Lance Hudnell advised that the City currently has one related to private lots but not with public lots. With the parking deck coming online, the Police have basically been enforcing the private lot ordinance to some extent; but they have been uncomfortable with that. He said this is basically the same ordinance the City has had since 1983, but it is for public lots instead of private lots. With the increase of lots, it is a larger issue than in past years. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 28 Proposed Ordinance No. O-03-5 Board of Directors Meeting 23 January 6, 2003 at 7:00 P.M. An ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 4546, PROHIBITING THE USE OF BICYCLES, SKATEBOARDS, ROLLER SKATES, ROLLER BLADES, AND SIMILAR DEVICES UPON THE SIDEWALKS AND OTHER PEDESTRIAN AREAS BY ADDING EXCHANGE AND MOUNTAIN STREETS, THE DOWNTOWN PARKING DECK PROPERTY, BROADWAY AND BROADWAY TERRACE, AND CERTAIN PORTIONS OF THE TRANSPORTATION PLAZA AND DEPOT PROPERTY,” 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 Wheeler, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Director Maruthur said she would like to get a price on the textured paving in front of the parking deck. Mayor Bush requested that City Manager Kent Myers provide Director Maruthur a cost figure on the textured paving. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 29 Proposed Ordinance No. O-03-6 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZING MAINTENANCE AGREEMENTS WITH IBM AND INFOWORKS FOR CERTAIN COMPUTER HARDWARE AND SOFTWARE COMPONENTS AND SOFTWARE SUBSCRIPTIONS; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Wheeler, duly seconded by Director Edwards, 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 Board of Directors Meeting 24 January 6, 2003 at 7:00 P.M. upon the question “Shall the ordinance be passed as read?” and upon motion of Director Edwards, duly seconded by Director Jones, that the ordinance be passed as read; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. OTHER BUSINESS 30 Board of Directors Items Director Maruthur expressed appreciation to everyone for their cards and best wishes over the holidays. She announced there will be Lecture No. 4 by Historian Marcus Phillips on January 21 at the Pullman Heights Methodist Church. The subject will be on Indians, old settlements and mining towns along the Blacksnake and Wheeler Fairy Roads with a slide presentation and travel log. It will follow the old trail beginning at the fountain of Park/Whittington, following the old trail system to the ghost towns west of the Ouachita River, including the gold rush towns of Bear and Phoenix Cities. The admission is free; and for further information, individuals may contact Mr. Phillips at 623-8757. Director Edwards expressed appreciation to Reverend Leon Massey and the staff at the Hot Springs Historic School for recognizing him for his accomplishments. Director Jones expressed appreciation for the prayers and to those individuals who sent her Christmas Cards. She announced that the tickets for the MLK Breakfast, Saturday, January 18, are $18. After January 10, the tickets will be $20. The time is from 8:30 a.m. to 10:30 a.m. in Horner Hall at the Hot Springs Civic and Convention Center. The following Monday will be the MLK Parade. 31 City Manager’s Report City Manager Kent Myers gave the following report: 1. The City lost a valuable advisory board member last week, Mr. Dick Bloor, who had been a member of the Animal Control Advisory Committee and chaired that committee for a number of years. On behalf of the City, he offered condolences to the Bloor family. Board of Directors Meeting 25 January 6, 2003 at 7:00 P.M. 2. Today, Mayor Bush and he met with the Animal Services staff and representatives from the Arkansas Game and Fish Commission to discuss concerns with an animal that has been seen near the Deanwood Subdivision. The Game and Fish Commission has decided to take over addressing the problem. They are currently looking at all of the citings of the animals in that area and will come up with a plan of action. On Thursday, there will be another meeting; and they will reveal how they will approach the problem and their plans for the next couple of weeks. Director Maruthur said she has received requests about relocation of the animal once it is subdued. City Manager Kent Myers replied that he cannot speak to that at the present time. However, the Game and Fish Commission will look at all the options available and make that decision within the next several weeks. He added that according to the Game and Fish Commission, relocation has many problems associated with it; and relocation represents some major safety problems. He said he would assume that relocation would probably not occur. 3. On the Consent Agenda, the Board approved a bid item (Baler Conveyor for the compost operations in the amount of $64,000), which will be the first step in addressing the odor problems in the composting operations. Once the baler is delivered in the next several weeks, the City will be able to bale the hay in the operation and be able to control the hay that is currently being delivered. The Board agreed to set a date and time for vacating a portion of Sorrell Street, which is located next to the Housing Authority development. The Board approved a program to exchange City officials between Hot Springs and Hanamaki, Japan. As approved, the City will be exchanging City employees with Hanamaki for a one -month period. 4. He met with Representative Roger Smith today, and the opening of the Legislative session will be next we ek. Mayor Bush and others will be attending sessions of the Legislature to try to get their support on Bills the City has proposed or supports. 5. Hopefully, there will be a grand opening of the parking deck later this month or the first week in February. 6. The State of the City Report will be within the next few weeks. 7. One of the priorities of the Board this year is to develop a specific strategy to renovate the bathhouses, and the City is working with the federal government to get its firm commitment to do something with the bathhouses. This Wednesday, at 5:00 p.m., Mr. Rick Henry has a group Board of Directors Meeting 26 January 6, 2003 at 7:00 P.M. together of community officials to meet at the Transportation Depot. He invited the Board to attend this meeting to share ideas and how they can work together to achieve that objective. 8. Next Monday, there will be a Board Work session at 5:00 p.m., at the Transportation Depot. 9. Two weeks from today is the Dr. Martin Luther King, Jr. Holiday; and the next Board Meeting will be held on Tuesday, January 21. EXECUTIVE SESSION 32 Annual Evaluation of the City Attorney The Board adjourned into Executive Session at 9:10 p.m. to consider the annual evaluation of City Attorney David White. RECONVENE TO OPEN SESSION 33 Consider Any Action Required as a Result of the Executive Session The Board reconvened into open session at 9:45 p.m. A motion was made Director Wheeler, duly seconded by Director Edwards, that City Attorney David White be given a two percent cost-of-living increase and a two percent merit increase, effective January 1, 2003; and upon voice vote, the motion unanimously carried. 34 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:50 p.m., to meet again on Tuesday, January 21, 2003, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 27 January 6, 2003 at 7:00 P.M. NOTE: The January 21 Board Meeting was canceled due to Board of Directors’ attendance of Legislative Session in Little Rock. Board of Directors Meeting 28 January 6, 2003 at 7:00 P.M.

Agenda

REGULAR MEETING OF THE BOARD OF DIRECTORS MEETING NO. 1 CITY OF HOT SPRINGS, ARKANSAS MONDAY, JANUARY 6, 2003 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. The Board of Directors request and appreciate your cooperation with these procedures. INVOCATION -Mr. J. E. Sanders PLEDGE OF ALLEGIANCE CALL TO ORDER Order of Page Business Subject Reference Time BOARD BUSINESS SECTION 7:00- 7:10 1 Roll Call of Board of Directors. N/A 2 Consider Approval of the Agenda. N/A 3 Consider Approval of Minutes for December 16, 2002. 1-2 4 Recognition of Guests. N/A Order of Page 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. Business Subject Reference Time CONSENT AGENDA SECTION 7: 10-7:15 5 Public Safety Committee Report (December 18, 2002). 6 Resolution No. R-03-1 Approving Certain Bid Awards. a. Baler / Conveyor - Utilities 7 Resolution No. R-03-2 Approving the Extension of Agreements with Frank Manzer & Associates (Primary Appraiser) and B&G Appraisal Services (Secondary Appraiser) for Appraisal Services. 8 Resolution No. R-03-3 Extending an Agreement with AVFUEL Corporation to Provide Fuel Services for the Hot Springs Municipal Airport. 9 Resolution No. R-03-4 Amending Resolution No. 4965 (Facility Use Policy for the Transportation Center) by Including the Downtown Parking Deck. 10 Resolution No. R-03-5 Authorizing the Mayor to Execute a Lease Agreement with the Government of the United States of America for Office Space at the Hot Springs Memorial Field Airport Terminal Building. 11 Resolution No. R-03-6 Authorizing Work on Behalf of the Arkansas School for Mathematics and Sciences for Certain Renovations and Repairs. 12 Resolution No. R-03-7 Authorizing the Mayor and City Manager to Execute a Memorandum of Understanding with Arkansas School for Mathematics and Sciences. 13 Resolution No. R-03-8 Fixing and Time and Date for a Hearing to Vacate, Abandon and Close a Portion of Sorrells Street. Order of Page Business Subject Reference Time (CONSENT AGENDA CONTINUED) 14 Resolution No. R-03-9 Approving a Sister City Officials Exchange Program Guideline. 15 Resolution No. R-03-10 Awarding a Contract for 2002-10 Sewer Line Improvements to Co -Bar Construction at Gorge Road and McLeod Street. 16 Resolution No. R-03-11 Awarding a Contract for 2002-8 Water/Sewer Line Improvements (Hwy 70 E) to Boyles Construction. OLD BUSINESS 17 Consider Resolution No. R-02-280 Condemning Certain Real Property Pursuant to Ordinance No. 4623 (226 Prospect) [Darch Hotel]. (Tabled November 18, 2002) 18 Consider Resolution No. R-02-281 Condemning Certain Real Property Pursuant to Ordinance No. 4623 (228 Prospect) [Knickerbocker Hotel]. (Tabled November 18, 2002) 19 Consider Resolution No. R-02-329 Adopting 2003 Street Paving Program. PUBLIC HEARING 20 Consider Public Hearing on Petition to Vacate Certain Streets and Alleys Located in Interurban Heights Subdivision. Order of Page Business Subject Reference Time NEW BUSINESS 21 Consider Ordinance No. O-03-1 Vacating Certain Streets and Alleys Located in Interurban Heights Subdivision. 22 Consider Claim from Mary Zody ($250.00). 23 Consider Resolution No. R-03-12 Approving the Extension of Hot Springs Municipal Water and Sewer Service to the 300 Block of Springwood. 24 Consider Resolution No. R-03-13 Amending Resolution No. 3194 Establishing a Water and Sewer Line Extension Policy by Adding a Cost Recovery Section. 25 Consider Ordinance No. O-03-2 Waiving the Requirements of Competitive Bidding for the Purchase of Certain Real Property (127 Palm) Related to the Hot Springs Civic and Convention Center Expansion Project. 26 Consider Ordinance No. O-03-3 Waiving the Requirements of Competitive Bidding for the Procurement of Certain Parking Deck Control Equipment, Software and Spare Parts. 27 Consider Ordinance No. O-03-4 Providing for the Regulation of Persons and Vehicles on Public Parking Lots and Parking Facilities Owned and Operated by the City of Hot Springs. 28 Consider Ordinance No. O-03-5 Amending Ordinance No. 4546, Prohibiting the Use of Bicycles, Skateboards, Roller Skates, Roller Blades, and Similar Devices upon the Sidewalks and Other Pedestrian Areas by Adding Exchange and Mountain Streets, the Downtown Parking Deck Property, Broadway and Broadway Terrace, and Certain Portions of the Transportation Plaza and Depot Property. 29 Consider Ordinance No. O-03-6 Waiving the Requirements of Competitive Bidding and Authorizing an Agreement with IBM and Infoworks for Certain Computer Hardware and Software Components and Software Subscriptions. Order of Page Business Subject Reference Time OTHER BUSINESS 30 Consider Board of Directors' Items for Discussion and Announcements (no vote). 31 Consider City Manager’s Report. EXECUTIVE SESSION 32 Consider Annual Evaluation of the City Attorney. RECONVENE TO OPEN SESSION 33 Consider Any Action Required as a Result of the Executive Session. 34 ADJOURNMENT

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