Board of Directors

MINUTES BOARD OF DIRECTORS MEETING FEBRUARY 3, 2003, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, February 3, 2003, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Dr. Don Burrough, 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 Edwards, duly seconded by Director Maruthur, that the agenda be approved. Upon discussion, Director Weatherford requested that Item No. 6a (bid award for full-size ½-ton pickup truck for Utility Administration) be removed from the Consent Agenda for separate consideration. Mayor Bush then called for a vote on the motion to approve the agenda, as amended; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of January 6, 2003 Board Meeting  A motion was made by Director Edwards, duly seconded by Director Maruthur, that the minutes of the January 6, 2003 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests City Manager Kent Myers recognized Mr. Tommy Diggs, Fleet Service Department, as Employee of the Quarter. He then read his nomination letter submitted by Mr. Greg Speas, Fleet Service Director, as well as by Mr. Tom Lucek, resident advisor of First Transit. He was presented with a plaque, as well as gift certificates to be presented within the next week. Director Edwards introduced Boy Scout Brett Calcagno, from Troop 10, who is working on his citizenship merit badge. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Committee Report (January 28, 2003). 6 Proposed Resolution No. R-03-14 Approving Certain Bid Awards Pursuant to Ordinance No. 4609 (Purchasing Procedures): [a] Pickup - Water Distribution in the amount of $18,143; Pickup - Water Distribution in the amount of $17,845; Pickup - Sewer Treatment in the amount of $13,283; Pickup - Sewer Lift in the amount of $11,801; Pickup - Sewer Lift in the amount of $16,332; Pickup - Utility Administration in the amount of $11,801; Pickup - Utility Administration in the amount of $12,735 (removed from Consent Agenda for separate consideration); Pickup - Utility Administration in the amount of $16,332; Pickup - Utility Administration in the amount of $16,332; Pickup - Utility Motor Shop in the amount of $15,440; [b] Pickup - Property Maintenance in the amount of $13,851; [c] Two Pickups - Street Department in the amount of $41,183.72; [d] Roof at 111 Opera - Parks, Utility Administration, and Information Systems awarded to All Seasons Roofing in the amount of $19,629.41; [e] MLK Jr. Expressway Landscape - Parks (reject and rebid); and [f] Title Search - Code Compliance (annual supply contract awarded to Garland County Title Company). 7 Proposed Resolution No. R-03-15 Awarding a Contract for Engineering Services for the Design of the Belvedere Area Water Line Improvements to Garver Engineering. 8 Proposed Resolution No. R-03-16 Amending Resolution No. 3085 (Approving Certain Revisions to Municipal Airport Property Management Policies) by Adopting a New Appendix “A.” 9 Proposed Resolution No. R-03-17 Appointing Director Peggy Maruthur and Mayor Mike Bush as the City of Hot Springs Representatives on the Hot Springs Area Metropolitan Planning Organization Policy Board. 10 Proposed Resolution No. R-03-18 Revising the 2003 Budget by Appropriating Funds for Certain Prior Year Expenditures. 11 Proposed Resolution No. R-03-19 Authorizing an Agreement with Kayse K. Williams for the Provision of Certain Recreational Services (Dog Obedience Class). 12 Proposed Resolution No. R-03-20 Accepting a Grant from the Federal Emergency Management Agency (FEMA) Pursuant to the Assistance to Firefighters Grant Program for Fire Operations and Firefighter Safety and Appropriating Funds. 13 Proposed Resolution No. R-03-21 Authorizing the Mayor to Execute a Lease Agreement with Ben and Allison Still, d.b.a. Rockaboka, Ltd., for Highway 70 Frontage Property at the Airport. 14 Proposed Resolution No. R-03-22 Authorizing an Agreement with the Greater Hot Springs Chamber of Commerce for Economic and Business Development. 15 Proposed Resolution No. R-03-23 Authorizing the Mayor to Execute an Agreement with Entergy for the Relocation of Street Lights on East Grand Avenue. Board of Directors Meeting 3 February 3, 2003 at 7:00 P.M. 16 Proposed Resolution No. R-03-24 Approving the 2003 Drainage Program. 17 Proposed Resolution No. R-03-25 Authorizing the Filing of a Grant Application with the Arkansas Historic Preservation Program for Professional Land Planning Services to Conduct a Historical Survey of the Central Avenue Historic District. 18 Proposed Resolution No. R-03-26 Authorizing the Filing of a Grant Application with the State Aeronautics Department for Reimbursement of Funds to Repair Runway Lights at the Airport. 19 Proposed Resolution No. R-03-27 Authorizing the Filing of a Grant Application with the State Aeronautics Department for Reimbursement of Funds to Repair Hangars at the Airport. 20 Proposed Resolution No. R-03-28 Authorizing the Mayor to Execute a Lease Agreement with the 18th Judicial Circuit East Drug Task Force for Office Space in the Terminal Building at the Airport. 21 Proposed Resolution No. R-03-29 Establishing a Policy for the Maintenance and Management of Hot Springs Civic and Convention Center Parking Lots. 22 Proposed Resolution No. R-03-30 Authorizing Participation by the City of Hot Springs in an Agreeme nt of Understanding for the Establishment of a Metropolitan Planning Organization and for Other Purposes. 23 Proposed Resolution No. R-03-31 Authorizing the Mayor to Execute Amendment No. 1 with Carter and Burgess Engineering for Design of Compost Facility Improvements. 24 Proposed Resolution No. R-03-32 Appointing John Rima to the Hot Springs/Garland County Beautification Commission. Board of Directors Meeting 4 February 3, 2003 at 7:00 P.M. 25 Proposed Resolution No. R-03-33 Appointing John Simms and Karolyn Fankhouser to the Board of Zoning Adjustment. A motion was made by Director Wheeler, duly seconded by Director Jones, 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. OLD BUSINESS 26 Proposed Resolution No. R-02-329 A resolution entitled, “A RESOLUTION APPROVING THE 2003 ANNUAL PAVING PROGRAM,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Director Weatherford noted that several of the streets on the alternate list are incorrect as far as the districts in which the streets are located (San Juan, San Mateo, Cortez, and Sonora, which are in District 4 and not District 5). City Manager Kent Myers advised those changes will be made in the final list but will not impact the approval of the Board tonight. City Manager Kent Myers stated that staff would like to come to the Board in September or October requesting the Directors to identify all of the major priorities for their districts and use that as guidance in presenting a list and in making the inspections of the condition of the streets. Director Edwards requested an explanation of coldmilling; and Mr. Ron Kohler, Public Works Project Director, advised that it is grinding down of the existing asphalt so that it can be smoothed out and paved over. Director Maruthur stated at one time there was a policy of submitting streets the Board wanted paved but decided to refer it to the staff since there is a specific formula used to address the streets that are in need of paving. She pointed out that the Directors do not know some of these streets to which the formula is applied; and when they see streets in their district that need attention, they see other streets listed before it. Board of Directors Meeting 5 February 3, 2003 at 7:00 P.M.  City Manager Kent Myers explained that staff can send the formula to the Directors so they will know what is considered as staff’s factors. He added that he is not suggesting staff will not continue using that formula but can focus on the streets the Directors want to prioritize. He stated that many times staff has not inspected those stre ets in several years and will make sure they are inspected before returning to the Board. Director Maruthur commented if the Directors and staff submit a list, then the formula can be applied to both lists and devise a rationale that can be applied to a street. City Manager Kent Myers explained that staff is not suggesting the formula be used for the Directors’ list, but that the Directors bring that list to staff so it can pay close attention to those streets. He stated that staff may not be able to justify paving those streets but can review the streets to determine the condition. He said that staff would still use that formula; however, the Board always has the final decision. If the Board does not want that formula to be used or wants to change, that it the Board’s discretion. He noted that staff would continue following the format but would get the Board’s input early in the process. Director Wheeler asked if the streets will be listed in The Sentinel-Record, and City Manager Kent Myers said he would try to work with the staff. 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. 27 PUBLIC HEARING This being the date and time set for a public hearing on the petition to vacate a portion of Sorrell Street, Mayor Bush declared the public hearing open. There being no comments, Mayor Bush declared the public hearing closed. NEW BUSINESS 28 Proposed Ordinance No. O-03-7 Board of Directors Meeting 6 February 3, 2003 at 7:00 P.M.  An ordinance entitled, “AN ORDINANCE VACATING A PORTION OF SORRELL STREET LOCATED IN THE UNITED STATES HOT SPRINGS RESERVATION,” was taken from the agenda for consideration. A motion was made by Director Edwards, 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 Edwards, 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. 29 Claim from Kenneth and Pat Madlock Regarding Damages from Sewer Backup at 154 Catalina Circle ($23,885.85) A motion was made by Director Weatherford, duly seconded by Director Newell, to consider the claim. Upon discussion, Mr. Don Cochran, Director of Utilities, advised that staff received a request for reimbursement from Kenneth and Pat Madlock, 154 Catalina Circle. The claim is due to the damage their property incurred as a result of the sewer backup from grinder pump station. Staff discovered that the resident did not have a back-flow device on their side of the grinder pump, nor did the City have a back-flow device on its side of the grinder pump. He said there may be some shared responsibility, and staff is making the recommendation to reimburse the Madlocks $11,944.42, which is approximately one -half of their claim. On March 1, 1999, the City adopted an ordinance regarding sewer backup damage claim policy, which states that after July 1, 1999, the City would not consider any claims for damages caused by wastewater backup conditions where the installation of a backflow device would have prevented such damage. He said that letters were to be sent to all the property owners who may have a grinder pump station or may fit into this scenario. According to the Madlock’s attorney, it is his understanding that the Madlocks did not receive notification from the City to install the backflow device. City staff did not find documentation of any letters sent to the Madlocks or anyone else. He said that he knew letters were mailed but has not found the file documenting these letters. Board of Directors Meeting 7 February 3, 2003 at 7:00 P.M.  Mayor Bush asked if it was necessary to have the devices on the pump stations, and Mr. Cochran replied that it is a standard engineering practice to have a backflow device on the City’s side, as well as the customer’s side. He explained if the customer’s pump station would have failed and the elevation of the top of the tank was higher than the floor level of their home, their backflow device would keep that sewer from backing up into their home. The backflow device on the City’s side of the pump station would prevent any sewer from the City’s line contributing to that problem, and this was a combination of both of those events. Director Edwards asked if there are any alternative measures in case there is a power failure, and Mr. Cochran advised that none of these grinder pumps are on any type of emergency power. If the power fails, the City would have to wait until the power company could respond to the power failure. He noted there is a pumping truck that could pump the lift station out if the homeowner called the City advising of the situation. Mr. Lance Garner, attorney, said he is a friend of the Madlocks, who divide their time between Hot Springs and Hope, where they have businesses. He explained they are not in town every weekend and arrived at their home the weekend of October 18 and 19 last year and discovered six to eight inches of black water throughout their basement. He said there was no backflow device on the Madlock’s side or the City’s. He recognized Mr. Madlock, Dr. Jerry Irby and Ms. Nita Lynn, who reside in the area and have ne ver received any notice from the City that they should have a backflow device. However, they are getting the devices installed. The Madlocks suffered $23,885.85 in damage, which involved a complete tear-out of the downstairs of their home and a total loss of all of the furnishings. He explained that insurance does not cover this type of sewer loss, but there is a special rider that people can get on their insurance to cover this kind of loss. Mr. Madlock now has that rider; however, Farm Bureau started offering that last year and covers only $2,500. City Manager Kent Myers mentioned there is a list of items that was damaged and asked if the Board reimburses them for these items, would the Madlocks have a problem giving them to the City to be sold for salvage value. Mr. Garner said there would be no problem with the ones that are left. He added that the steamatic company discarded some of the items, but about 30 percent of the items is still available. City Manager Kent Myers responded to a suggestion that Mr. Garner made regarding a mass mail-out to all of the utility customers requesting them to check if there is a backflow device on their system. He pointed out that the problem is many of these items are already there on the house but are buried, and the customer would not know where to look. He added it would require Board of Directors Meeting 8 February 3, 2003 at 7:00 P.M. someone who is familiar with the plumbing to be able to verify whether or not they had this kind of prevention device on their home . Mr. Cochran commented that the City can try to notify as many people as possible through sending out notices with the water bills, but these backflow devices are buried and would require a plumber to run the pump through some motions to be able to determine whether or not a backflow is actually there. Director Wheeler stated if the notice is sent out with the water bill, the customers will receive it and will not require a receipt return requested. He pointed out if the customers say they did not receive it, then they did not receive a water bill. City Manager Kent Myers stressed that most people will not know how to deal with that once they get it, which will generate numerous phone calls to the City and local plumbers; and the majority of the people will not know how to check for a backflow device. Director Wheeler pointed out that it will get their attention. Director Newell questioned the criteria and who received letters in 1999, and City Manager Kent Myers advised that the individual responsible for that has since retired from the City. Therefore, staff has not been able to confirm the criteria and how many letters were mailed. Mr. Cochran explained that the City staff looked at the areas where it believed there are grinder pumps, such as the lake homes, and targeted those areas and sent letters out in those particular areas. Director Newell questioned if a homeowner would have any reason to know whether or not the home was susceptible to such a problem without having received one of those letters. Mr. Cochran explained if they received a letter at that time, unless they had knowledge of their own plumbing and when and how it was installed, they would not be absolutely sure whether or not they had a backflow device. Director Weatherford pointed out when the letter is sent out this time, the property owners still will not know if they have one Director Edwards suggested that the customer call the City’s Sewer Department, which can advise the customer if one is needed at that location. Board of Directors Meeting 9 February 3, 2003 at 7:00 P.M.  City Manager Kent Myers replied that many times these are buried, and there is no way for the customer to know where they are located and whether or not they are in a problem-type area because of their elevations and their system. He noted it would be impossible to determine through a phone call whether one has been installed; and if they have not installed it, where they would be susceptible to a problem. Director Edwards suggested that anyone who is working on a pump station is susceptible to a problem because they are usually downhill. Mr. Cochran stated it would be beneficial for every grinder pump station to have a backflow device, and the City is installing those now with every new installation. Where it creates a problem is in the situation with the Madlock’s home where the elevation of the top of the pump station tank is higher than their floor level. For that reason, if the pump fails, it would keep that sewer from flowing back down hill into the lower level of their homes. Those are the only homes that will ever really receive any damage and would benefit from a backflow device. He advised that the City would have to do a physical site survey of every individual residence who has a grinder pump and take an elevation of the lowest level of their home against the level of the top of the pump station to tell exactly which ones need a backflow device and which ones do not. Director Weatherford questioned why there would be a pump station with the top of it higher than the floor level. Mr. Cochran explained that the bottom floor level would still drain into the bottom of the pump station, and the pump would work properly. However, if the pump ever fails, then it overflows out the top. Director Weatherford commented this would be asking for a problem. Mr. Cochran noted that situation would occur if somebody had put in restrooms and a den in the basement level of a home that was not there when the house was originally constructed. Director Weatherford asked if that was the case with this claim, and Mr. Madlock advised there has been an addition to the house. However, when they purchased the house, which was built in 1953, there was a bathroom downstairs, which is still useable; but there is a new restroom in the basement level also. Director Weatherford asked if he was on a pump station at that time, and Mr. Madlock replied that he was. However, he was not familiar with a backflow device. Board of Directors Meeting 10 February 3, 2003 at 7:00 P.M.  Mr. Garner asked if it is possible for the City to know in which of these backflow stations the City has backflow devices and if there is a way to check it. Mr. Cochran advised that in any one like this one, where an incident occurs and the City finds that it has a problem as with this one, the City installed a backflow device in its pump station. He explained these pump stations are installed by developers, some of which are local and from out of town. He added that the City tries to have the best inspection it can and checks all of these installations of either pump stations or sewer lines, manholes, etc. before the contractor has a chance to cover them up. However, the City has limited inspectors to check these sites. He noted that sometimes a contractor may be able to cover something up before the City can get to it. Director Weatherford questioned when this pump station was installed, and Mr. Cochran advised that it was in the early 1980s. Mayor Bush questioned if the City has a backflow device but a customer does not, would the City’s backflow device have prevented this situation. Mr. Cochran said it would not have prevented the situation, but it would have minimized the damage; and the only sewer that would have backed up into their home would have been what was generated from the home. In this case, without the City’s backflow device on its side, the sewer from the neighborhood also flowed back into their home. Mayor Bush then called for a motion on staff’s recommendation to pay 50 percent ($11,944.42) of the claim. A motion was made by Director Weatherford, duly seconded by Director Newell, to pay the claim in the amount of $11,944.42; and upon roll call, the following voted “aye”: Directors Edwards and Wheeler, total 2. Voting “no”: Directors Weatherford, Maruthur, Jones, Newell, and Bush, total 5; motion failed. A motion was made by Director Jones, duly seconded by Director Maruthur, to pay the entire claim in the amount of $23,885.85; and upon roll call, the following voted “aye”: Directors Newell, Jones, and Maruthur, total 3. Voting “no”: Directors Wheeler, Edwards, Weatherford, and Bush, total 4; motion failed. 30 Proposed Resolution No. R-03-34 A resolution entitled, “A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 3 WITH NABHOLZ BUILDING MANAGEMENT (NBMC) FOR THE HOT SPRINGS CIVIC AND CONVENTION CENTER EXPANSION PROJECT,” was taken from the agenda and read by title only. Board of Directors Meeting 11 February 3, 2003 at 7:00 P.M.  A motion was made by Director Weatherford, duly seconded by Director Edwards, that the resolution be adopted 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 resolution was declared adopted. 6a Bid Award for Pickup for Utility Administration ($12,735). City Manager Kent Myers explained this truck is proposed for Utility Customer Service (½ ton pick-up, six-cylinder), and Director Weatherford expressed a concern to Mr. Cochran and Fleet Service staff that this vehicle is large than the one it replaces. He stated that staff has no problem rejecting this bid and bringing back a smaller pickup. Therefore, staff would recommend this item be disapproved and return with a smaller pickup. He added that it is about $1,000 less. A motion was made by Director Edwards, duly seconded by Director Weatherford, to reject the bid; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. 31 Proposed Resolution No. R-03-35 A resolution entitled, “A RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WATER SERVICE TO 2621 EAST GRAND,” 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 as read. Upon discussion, Mr. Don Cochran explained this is a request for water extension to 2621 East Grand by Mr. Robert Mueller. The request is to extend the water main approximately 800 feet from McClendon Road, down Westinghouse Road, to Mr. Mueller’s property; and Mr. Mueller has reque sted that the City fund the construction of this water line. He stated that staff has no problem providing the service but does not recommend funding the construction of the water line for the property owner. Board of Directors Meeting 12 February 3, 2003 at 7:00 P.M.  Deputy City Manager Lance Hudnell pointed out that the resolution is worded such that it grants the extension but at the developer’s cost. Mr. Robert Mueller advised that the location for this extension is at the intersection of Grand and Westinghouse, which is the beginning of the new scenic corridor. He explained he is trying to replace an old well on the property and would like to get City water because of the way the Highway Department is coming in with the bridge over Westinghouse and the cloverleaf, which will isolate his piece of property. If it requires boring, it will make it very expensive; and at the present time to do it in such a short period of time, it is cost prohibitive on his part ($14,000). He has made the suggestion to allow him to install a smaller line since he will be going only 800 feet. He said that part of the City’s objection is that it will benefit only that small section of property. He stated that he is concerned if he does not get City water, future development of that piece of property is going to make it cost prohibitive for anyone to develop. He said he would be willing to help pay for the cost or take the cost entirely of a smaller line, but he does not have the money to pay for a six-inch line and a fire hydrant. He mentioned that his only other option is to drill another well, which he will probably do if the Board rejects his request. Director Edwards commented this would be a good investment for him to go ahead and pay it, and Mr. Mueller stated he cannot pay that amount in such a short period of time. City Manager Kent Myers asked if Mr. Mueller would qualify under the payback agreement; and Mr. Cochran explained if Mr. Mueller puts the line in, then he would be eligible to get reimbursed for any other future connections that tie to his line for the next five years. Mayor Bush then called for a vote on the motion to adopt; 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. 31A Proposed Resolution No. R-03-36 A resolution entitled, “A RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WATER AND SEWER SERVICE TO THE PARADISE SUBDIVISION,” 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 as read. Board of Directors Meeting 13 February 3, 2003 at 7:00 P.M.  Upon discussion, Mr. Don Cochran advised that staff received a request for water and sewer utility extensions for the Paradise Subdivision from the Wright Corporation. All costs related to the extension of these utility services will be paid by the developer. The project consists of 2,850 feet of 8-inch sewer main, 2 duplex pump stations, 2,200 feet of 6-inch water main, and fire hydrants, which will be serving approximately 52 lots. The City’s Utilities Engineer has reviewed all of the plans and specifications, which are in conformance with the City’s utility specifications. Mayor Bush the n called for a vote on the motion to adopt; 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. 31B Proposed Resolution No. R-03-37 A resolution entitled, “A RESOLUTION APPROVING CONTRACT ADDENDUM NO. 1 WITH OPTIMA BUS CORP (FORMERLY CHANCE COACH, INC.) FOR THE PURCHASE OF TWO ADDITIONAL TRANSIT BUSES,” was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director Wheeler, that the resolution be adopted 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 resolution was declared adopted. 31C Proposed Ordinance No. O-03-8 An ordinance entitled, “AN ORDINANCE ESTABLISHING A MANUFACTURED HOME OVERLAY DISTRICT TO INCLUDE A PARCEL OF REAL PROPERTY LOCATED ON THE EAST SIDE OF THE 100 BLOCK OF LURA PLACE,” was taken from the agenda for consideration. A motion was made by Director Wheeler, 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 Newell, Board of Directors Meeting 14 February 3, 2003 at 7:00 P.M. duly seconded by Director Wheeler, 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. 31D Proposed Ordinance No. O-03-9 An ordinance entitled, “AN ORDINANCE TO REZONE TO C-4, NEIGHBORHOOD COMMERCIAL, TO INCLUDE A PORTION OF LOTS 9, 10 AND 11 OF BLOCK 18 OF BOULEVARD ADDITION, LOCATED IN THE 400 BLOCK OF WADE STREET, A PARCEL OF REAL PROPERTY ZONED R-4, MEDIUM DENSITY RESIDENTIAL,” was taken from the agenda for consideration. A motion was made by Director Weatherford, 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 Weatherford, that the ordinance be passed as read. Upon discussion, Director Jones questioned the owner of this property; and Mr. Jerry Raetz advised that the owner is Mr. McAlister. 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. 31E Proposed Ordinance No. O-03-10 An ordinance entitled, “AN ORDINANCE TO REZONE TO R-4, MEDIUM DENSITY RESIDENTIAL, TO INCLUDE THE PROPERTY LOCATED ON THE NORTHEAST SIDE OF 900 BLOCK OF SHADY GROVE ROAD, A PARCEL OF REAL PROPERTY ZONED R-2, SUBURBAN RESIDENTIAL; AND REPEALING ORDINANCE NO. 5127,” 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 Board of Directors Meeting 15 February 3, 2003 at 7:00 P.M. 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 Edwards, duly seconded by Director Wheeler, 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. 31F Proposed Ordinance No. O-03-11 An ordinance entitled, “AN ORDINANCE REESTABLISHING THE TERMS OF OFFICE AND MEMBERSHIP OF THE HOT SPRINGS PLANNING COMMISSION; APPOINTING WANDA THORP AND CAROLYN SHEPPARD TO THE COMMISSION; REPEALING CERTAIN ORDINANCES; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Maruthur, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Edwards, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, City Manager Kent Myers advised that prior to the meeting, Director Weatherford had asked him a question to which he gave an incorrect initial response. He said that Director Weatherford ha posed the question “since the two individuals proposed for appointment currently serve on the Board of Zoning Adjustment, can they legally continue to serve on the Board of Zoning Adjustment?” He advised that Deputy City Manager Lance Hudnell has researched this, and it is indicated by State law that the Board of Zoning Adjustment is one of two other committees on which they can legally continue to serve. However, many times members have moved from the Board of Zoning Adjustment to the Planning Commission; and the City will encourage them to do so. Director Weatherford asked if it is Ms. Thorp’s intention to resign from the Board of Zoning Adjustment, and Ms. Thorp advised that she would be willing to move on up and let someone else have that position. Board of Directors Meeting 16 February 3, 2003 at 7:00 P.M.  City Manager Kent Myers stated the City would encourage Ms. Sheppard to do so also. By State law, the City cannot force that to happen but would encourage that and another citizen would be able to serve in that capacity. 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. 31G Proposed Ordinance No. O-03-12 An ordinance entitled, “AN ORDINANCE AUTHORIZING A CONTRACT FOR SERVICES WITH GARLAND COUNTY ECONOMIC DEVELOPMENT CORPORATION; WAIVING COMPETITIVE BIDDING; AND OTHER MATTERS RELATED THERETO,” 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 upon the question “Shall the ordinance be passed as read?” and upon motion of Director Wheeler, duly seconded by Director Edwards, 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. 31H Proposed Ordinance No. O-03-13 An ordinance entitled, “AN ORDINANCE AUTHORIZING A CONTRACT FOR SERVICES WITH THE GREATER HOT SPRINGS CHAMBER OF COMMERCE (RETIREMENT RELOCATION PROGRAM); WAIVING COMPETITIVE BIDDING; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. Board of Directors Meeting 17 February 3, 2003 at 7:00 P.M.  A motion was made by Director Edwards, 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 upon the question “Shall the ordinance be passed as read?” and upon motion of Director Jones, duly seconded by Director Edwards, 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. 31I Proposed Ordinance No. O-03-14 An ordinance entitled, “AN ORDINANCE AUTHORIZING A CONTRACT FOR SERVICES WITH THE HOT SPRINGS BOYS’ AND GIRLS’ CLUB; WAIVING COMPETITIVE BIDDING; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Edwards, 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 Wheeler, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Director Maruthur commented she does not feel comfortable with this because of the policy regarding funding private organizations. She said she has talked to the City Attorney on several occasions regarding this matter. She noted that it is a great organization, and she supports it. Director Newell pointed out that the debate has always been the City would continue funding this program unless and until the City has a program of its own to compete with or to take the place of, but that has never happened. Therefore, the City has continued funding this program. He stated when and if the City ever has adequate facilities such as the new park, maybe someday the City will be in the position to do it. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 6. Voting “no”: Director Maruthur; motion carried. Whereupon the ordinance was declared passed. Board of Directors Meeting 18 February 3, 2003 at 7:00 P.M. 31J Proposed Ordinance No. O-03-15 An ordinance entitled, “AN ORDINANCE AUTHORIZING A CONTRACT FOR SERVICES WITH THE VOLUNTEER CENTER OF HOT SPRINGS AND GARLAND COUNTY; WAIVING COMPETITIVE BIDDING; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Edwards, 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 Edwards, duly seconded by Director Maruthur, 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. 31K Proposed Ordinance No. O-03-16 An ordinance entitled, “AN ORDINANCE ACCEPTING A CERTAIN STREET AS A PUBLIC STREET (SEVEN OAKS COURT); NAMING SAID STREET; 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 upon the question “Shall the ordinance be passed as read?” and upon motion of Director Edwards, duly seconded by Director Wheeler, 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. Board of Directors Meeting 19 February 3, 2003 at 7:00 P.M. 31L Proposed Ordinance No. O-03-17 Prior to the reading of the ordinance, City Attorney David White stated because of the nature of this ordinance, which is all encompassing and adopts a Zoning Code for the City and repeals other zoning ordinances, it has be en asked that this be read in its entirety the first time tonight only. He said the Board may read it again in its entirety the second and third times or can suspend the rules and read by title only. Director Wheeler asked if an individual can proceed with what is already there now when this ordinance has only been read one time. Deputy City Manager Lance Hudnell advised that the new ordinance will not take place for 30 days after it is enacted. He added that no projects will be “in limbo.” City Manager Kent Myers asked if any discussion can take place tonight such as asking questions to the consultant, and City Attorney David White advised that it could. City Manager Kent Myers pointed out that the consultant, Mr. Jim VonTungeln, is present who worked with City staff and Planning Commission in developing this Code. A motion was made by Director Jones, duly seconded by Director Maruthur, that the ordinance be read in its entirety for the first time; and upon voice vote, the motion unanimously carried. An ordinance entitled, “AN ORDINANCE ADOPTING A ZONING CODE FOR THE CITY OF HOT SPRINGS, ARKANSAS; REPEALING CERTAIN ORDINANCE; AND FOR OTHER PURPOSES,” was taken from the agenda and read for the firs t time in its entirety. There being no discussion, the ordinance will be read for the second time at the February 17 Board Meeting. 31M Proposed Resolution No. R-03-38 A resolution entitled, “A RESOLUTION AMENDING THE 1997 COMPREHENSIVE PLAN BY ADOPTING A NEW FUTURE LAND USE PLAN AND FUTURE LAND USE MAP,” was taken from the agenda and read by title only. Board of Directors Meeting 20 February 3, 2003 at 7:00 P.M.  A motion was made by Director Wheeler, duly seconded by Director Jones, that the resolution be adopted 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 resolution was declared adopted. 31N Proposed Resolution No. R-03-39 A resolution entitled, “A RESOLUTION AUTHORIZING THE CITY MANAGER TO IMPLEMENT A SICK LEAVE INCENTIVE PROGRAM,” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Edwards, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers commented that a discussion was held at the last Board work session regarding a sick leave incentive program. The consensus of the Board was to try this for one year and review the impact it would have on employees’ sick leave. Staff will monitor sick leave usage throughout the year and keep the Board updated on how this has impacted the amount of sick leave taken by the employees. Mayor Bush stated he believes this is a good program and has looked at it personally in some of his past experience. He said, in his opinion, employees need to be rewarded for it; and he supports this program. 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. 31O Discussion Regarding Naming the Downtown Parking Facility Director Maruthur said she requested this discussion because she noticed the signs were prepared to be unveiled; and she believes the building with this beauty, which serves as a parking deck, should be promoted but calling it a “deck” is not appropriate. She said her recommendation was to at least call it the Spa Parking Deck, which was in lieu of calling it the downtown parking deck. She stated the Board might consider not calling it a deck since it is such a beautiful Board of Directors Meeting 21 February 3, 2003 at 7:00 P.M. building. She added that the City is looking into developing and occupying the Historic Bathhouse Row and suggested tying in the building with Bathhouse Row. Mayor Bush questioned the wording on the signs that are to be unveiled, and Director Maruthur stated it was parking deck. Mayor Bush said it is important for the public to know where the parking is located through signage and believes it is to the discretion of the Board whether it officially wants to name the facility. He added there needs to be more input from the citizens and hopefully it can be published in the newspaper to provide the Board with their suggestions. He added there is a City policy on naming structures such as this facility. Director Edwards commented that it needs to be in harmony with parking because individuals using this will need to know what it is. Mayor Bush pointed out that the City does not want to use “deck” because it is more than just a parking deck since it has other features to it. He noted that “plaza” was one suggestion. City Manager Kent Myers suggested that the City contact Mr. David French, architect, since he came up with the concept. He received a fax today from Mr. French, and the suggested ideas are Exchange Street Parking Plaza; Bath Street Parking Plaza; National Park Parking Plaza; and Downtown Parking Plaza. Mayor Bush stated if the Board chooses to name this structure within the next few Board Meetings, then he believes the signs can be changed rather quickly. He suggested that the Board allow the citizens time to provide the Board or the City Manager their suggestions and come back at the next meeting and address it again. Director Wheeler said he did not approve of “deck” or “garage”; and the word “facility” would be more appropriate, such as the Downtown Parking Facility. Director Maruthur suggested “parking plaza” or “parking building.” Mayor Bush said this will be addressed at the next Board Meeting. OTHER BUSINESS 32 Board of Directors Items Board of Directors Meeting 22 February 3, 2003 at 7:00 P.M.  Director Jones commended Mr. Don Thomason, Sentinel-Record reporter, on his article regarding items on the Consent Agenda, which were outlined so that everyone understood what was on the agenda. She announced that on Thursday, 5:30 p.m., the Gateway Community will have a meeting on the second floor of the Police Department and encouraged people from other districts to also attend. She said they are at the point of forming committees, and anyone from other districts may serve on that committee. She noted that Mr. John Simms, of District 2, was appointed to the Board of Zoning Adjustment. Tomorrow at 8:30 a.m., the community coffee will be held at the P.H.O.E.B.E. office. She stated this is Black History Month; and Ms. Cheryl Batts has many activities planned for the month of February. Also, she attended a lecture by Mr. Marcus Phillips, historian, and Mr. Junius Stevenson, which was very informative and enjoyable. Next Saturday, there will be a tribute held at the Austin Hotel for Coach Muhammed. She has tickets available, which are $25. City Manager Kent Myers asked if that lecture was filmed, and Director Jones advised that it was. City Manager Kent Myers requested a copy so it can be shown on Channel 15. Director Maruthur announced that Mr. Phillips has been on Channel 15 and will hold a lecture on February 18, 2003, at 7 p.m. This will be his fifth lecture, which will be on the Gap Road, Hot Springs to Military Road, and south of Mt. Ida. There will be one more lecture after February 18. Director Edwards commended the Police Department in controlling the traffic at the race track, as well as policing the parking lots and sidewalks. He expressed appreciation to Sanitation Director Bill Burrough for his response to the illegal dump near the Greenway. He also noted that people continue to dump tires, and there is a tire shop that will take four tires a day, at no charge. 33 City Manager’s Report City Manager Kent Myers gave the following report: 1. In the Public Safety Report, the Board approved (1) reopening Exchange Street as a one-way street by the downtown parking facility; and (2) with regard to Exchange Street, approved the removal of four (4) meters behind Lauray’s and creating a “truck loading” zone in that area. That will be beneficial to the downtown merchants because it will help move the truck Board of Directors Meeting 23 February 3, 2003 at 7:00 P.M. loading off Central Avenue onto Exchange Street. Also on the Consent Agenda was approval of the appointment of Mayor Bush and Director Peggy Maruthur to the Metropolitan Planning Organization (MPO) Board; approved a Cooperative Agreement with Entergy to move the street lights on Grand Avenue from the center median to the side of the street; approval of the 2003 Drainage Program, which included the 200 block of Clark Street; 400 block of West Street; cleaning out a section of Stokes Creek; and corner of Shady Vista and Shady Grove; and Mr. John Rima was appointed to the Hot Springs/Garland County Beautification Commission. 2. On Monday, February 10, at 6 p.m., Transportation Depot, there will be a hearing on the cable services. 3. On Tuesday, February 11, at 7 p.m., the City will be hosting the third annual appreciation dinner for the advisory boards and committees at the Hot Springs Civic and Convention Center. 4. The downtown parking plaza will be dedicated on February 14, at 2 p.m. 5. A report has been submitted to the Board from the Arkansas Game and Fish Commission on the outcome of their inspection in the area around the Deanwood and Eastgate Subdivisions. The Commission has spent a lot of time in putting out various stations in that area to try to determine what kind of animal is roaming in that area. They are continuing to set up some fur sampling stations. 6. Regarding an update on the Darch and Knickerbocker Hotels, he distributed photos of the hotels showing progress has been made on the Darch. The lower level is being enclosed, and studs are in place for the upper level. The Knickerbocker is progressing slower, and the owner is planning to remove the rear portion of the structure. Even though the 30 days will be up tomorrow, the City will work with property owners who show some reasonable progress. Mr. Jerry Raetz, Planning/Development Director said this is reasonable progress the owner has made and is making the effort to comply to get it secured and weather tight. Director Maruthur questioned when it is stated that the rear is to be razed and removed, if that is the brick; and Mr. Raetz replied that it was. He added that metal studs can be seen in the upper level of the photo; and everything to the rear of those metal studs, the owner is planning to remove. Board of Directors Meeting 24 February 3, 2003 at 7:00 P.M.  7. Immediately following the meeting, the State of the City Report will be given. It is pre- recorded and will be shown on Channel 15. It will also be shown several other times during the week. 34 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:25 p.m., to meet again on Monday, February 17, 2003, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 25 February 3, 2003 at 7:00 P.M.