Board of Directors

MINUTES BOARD OF DIRECTORS MEETING FEBRUARY 17, 2003, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, February 17, 2003, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Mr. Mike Washington, 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, Ron Treaster, Bill Edwards, Bob Wheeler, and Mike Bush, total 7. 2 Approval of Agenda A motion was made by Director Wheeler, duly seconded by Director Edwards, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of February 3, 2003 Board Meeting A motion was made by Director Edwards, duly seconded by Director Jones, that the minutes of the February 3, 2003 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Mayor Bush recognized Mr. Frank Tobey, regional vice president of First Transit. Mr. Tobey reported that Mr. Tom Lucek, resident advisor of First Transit, has taken a position with the company in Laredo, Texas; and the company is interviewing internal applicants. 5 Acknowledgment of Financial Statements for December 2002 Mayor Bush announced that the Financial Statements for December 2002 are on file in the City Treasurer’s Office for review by the Board and the public. CONSENT AGENDA The Consent Agenda consisted of the following: 6 Public Safety Committee Report (February 8, 2003). 7 Proposed Resolution No. R-03-40 Approving Certain Bid Awards (Structure Demolition for Darch and Knickerbocker Hotels). (Removed from the Consent Agenda for separate consideration) 8 Proposed Resolution No. R-03-41 Approving Certain Bid Awards (a) Concrete Pipe - Public Works [annual supply contract awarded to Vickers Concrete Pipe Company]; (b) Liquid Asphalt [annual supply contract awarded to Koch Materials Company]; (c) Aggregates - Public Works [annual supply contract awarded to Spa City Gravel, SNCC, Inc., Rock Bottom Landscaping Supplies, and Martin Marietta]; (d) Concrete/Cement [annual supply contract awarded to Smith’s Ready Mix, Inc. and C. J. Horner Company, Inc.]; (e) Utility Court Storage Building - Sanitation (awarded to Tommy Mitchell General Contractors, Inc. in the amount of $30,804); and (f) Compact pickup - Utilities Customer Service in the amount of $11,801 and 3/4 ton pickup for Sewer Collection in the amount of $15,780. 9 Proposed Resolution No. R-03-42 Approving the Extension of Hot Springs Municipal Water and Sewer Service to The Ridge at Lake Hamilton. 10 Proposed Resolution No. R-03-43 Setting a Date for a Public Hearing on a Petition to Vacate an Unnamed Alley Located in Gorge Addition. 11 Proposed Resolution No. R-03-44 Setting a Date for a Public Hearing on a Petition to Vacate an Unnamed Alley Located in Snyder’s Subdivision. 12 Proposed Resolution No. R-03-45 Designating a “Free-Ride Day” for Hot Springs Intracity Transit; and Authorizing Participation in Hot Springfest. 13 Proposed Resolution No. R-03-46 Approving a Street Name (Halteria Lane). A motion was made by Director Jones, duly seconded by Director Maruthur, that the Consent Agenda be approved. Upon discussion, City Manager Kent Myers suggested that Item No. 7 (Proposed Resolution No. R-03-40 Approving Certain Bid Awards [Structure Demolition for Darch and Knickerbocker Hotels]) be removed from the Consent Agenda for separate consideration. He noted there were comments and questions at the agenda meeting, and City staff has an update on those items. A motion was made by Director Wheeler, duly seconded by Director Maruthur, that Item No. 7 (Proposed Resolution No. R-03-40 Approving Certain Bid Awards [Structure Demolition for Darch and Knickerbocker Hotels]) be removed from the Consent Agenda for separate consideration; and upon voice vote, the motion unanimously carried. Mayor Bush then called for a vote on the motion to approve the Consent Agenda, as amended; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. OLD BUSINESS 14 Proposed Ordinance No. O-03-17 An ordinance entitled, “AN ORDINANCE ADOPTING A ZONING CODE FOR THE CITY OF HOT SPRINGS, ARKANSAS; REPEALING CERTAIN ORDINANCES; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. Board of Directors Meeting 3 February 17, 2003 at 7:00 P.M.  A motion was made by Director Edwards, duly seconded by Director Jones, that the ordinance be placed on its second reading; and upon voice vote, the motion unanimously carried. The ordinance was then read in its entirety for the second time. A motion was made by Director Jones, duly seconded by Director Edwards, that the rules be suspended and the ordinance be read for the third and final time; and upon voice vote, the motion unanimously carried. The ordinance was then read for the third and final time, and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Wheeler, duly seconded by Director Newell, that the ordinance be passed as read. Upon discussion, City Manager Kent Myers noted that no one has signed to speak to the ordinance and expressed appreciation to the consultants, City staff, Planning Commission, developers, and real estate companies who worked together in developing the new Zoning Code 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 adopted. NEW BUSINESS 7 Proposed Resolution No. R-03-40 A resolution entitled, “A RESOLUTION APPROVING CERTAIN BID AWARDS (STRUCTURE DEMOLITION ON DARCH AND KNICKERBOCKER HOTELS),” 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, City Manager Kent Myers reported these buildings were previously condemned by the Board; and this item is a bid award to Ervan Slaight in the amount of $12,289 for the demolition of the Darch Hotel and $9,791 for demolition of the Knickerbocker Hotel. He mentioned that Mr. Slaight was the low bidder on both of the buildings. Mr. Jack Greenway, Chief Building Official, stated that the owner has made substantial progress even due to the weather conditions. He asked that the resolution be tabled for 30 days to allow more time and since the owners have made substantial efforts to close the buildings. Board of Directors Meeting 4 February 17, 2003 at 7:00 P.M.  City Manager Kent Myers stated the bids submitted are very competitive and questioned how long the Board would have to act on these before the bids would expire. Mr. Greenway replied that he believed it would be 90 days. City Attorney David White explained that it will not make any difference what the length of the bid is or what the bids are. He pointed out the Code Enforcement Officer has informed the Board that there has been substantial compliance with securing the structures, and that basically takes it out of the resolution. He stated that Mr. Greenway is correct in asking for an additional 30 days to table this until such time as he can come back with another report. A motion was made by Director Wheeler, duly seconded by Director Jones, to table the resolution for 30 days. Upon discussion, Director Edwards stated he received three telephone calls from people in that area who want to save these buildings. Mayor Bush then called for a vote on the motion to table the resolution for 30 days; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. 15 Discussion on Extension of Hot Springs Municipal Sewer Service to 107 Terryland Drive A motion was made by Director Edwards, duly seconded by Director Maruthur, to approve the extension of sewer service to Terryland Drive. Upon discussion, Mr. Don Cochran, Director of Utilities, advised that staff received a request from Director Maruthur to consider installing sewer service at 107 Terryland Drive. He commented that the resident is experiencing severe problems with a failing septic tank, which has been ongoing for approximately two weeks; and staff believes this falls under Code of Ordinances §9-4-10 (water and sewer line and service extension policy which states that the City may participate in costs associated with the extension of a water and sewer line or services when such extension is in the best interest of the City, public health or as may be required by federal regulations). He said that staff believes this situation fits that policy. Also, $10,000 has been budgeted in the 2003 budget to provide sewer to unsewered areas; and this situation qualifies for that as well. The estimated costs are $12,480, which would be if the City had to extend the force Board of Directors Meeting 5 February 17, 2003 at 7:00 P.M. main under the pavement and restore the street. Visiting the site last Friday, he believes the City can stay out of the pavement when installing the force main; and the estimated cost would be $6,180. Staff believes this fits the criteria for providing sewer to unsewered areas. Director Edwards questioned if the owner is high enough to have gravity flow; and Mr. Cochran advised that to put in a gravity system in this neighborhood would cost in excess of $100,000. City Manager Kent Myers pointed out that Mr. Dodd would not be the only property owner who would benefit from this extension. According to the map included in the Board packet, the City would be able to pick up five houses with this extension. He said it is his understanding that several of the septic systems are failing in that area. Mr. Cochran stated that according to the policy, the City may participate in either funding all of this or part of it. However, that is the Board’s decision. Director Maruthur commented if this is approved tonight, it would not affect those residents beyond 107 Terryland Drive; but it would be a great benefit to those residents before 107, who have been without their water utility for over two weeks. Mr. Cochran stated if a resident down the street wanted to attach to this line at a later date, that would be possible. However, they would not be forced to as long as their septic tank is functioning properly. Mr. Stanley Dodd, 107 Terryland Drive, said he has experienced this problem in the past and had it corrected. This time he was told he may not be able to hook onto the system, but an old line was found the last time it was worked on; and he was told he could reactivate that line. He noted this was only temporary relief. He stated that he moved to this location in 1964 and was told at the time he was applying for a building permit, he should relocate the bathroom. He was advised that the City was beginning to install a sewer line, and it would be cheaper to run it this way. He pointed out that he has been waiting 38 years for sewer service. He mentioned that Ms. Fisher, at 103 Terryland, is also in need of sewer service. Mayor Bush asked if this would help Ms. Fisher if this is approved; and Mr. Dodd advised that it would. Board of Directors Meeting 6 February 17, 2003 at 7:00 P.M.  Director Maruthur stressed that they were promised sewer lines when they built their house 38 years ago and are in need of immediate relief. She stated that is what §9-4-10 of the Code of Ordinances was designed to accommodate. Mr. Cochran added if the other neighbors need to tie onto the system, only two houses could be served by this grinder pump. If the City is looking at four homes, then it would have to add another grinder pump, which is not included in this estimate. He advised that it would cost approximately $2,400 for another pump. Mayor Bush requested he bring that issue back to the Board if that should occur. Mayor Bush then called for a vote on the motion to approve sewer service to 107 Terryland Drive; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. 16 Proposed Resolution No. R-03-47 A resolution entitled, “A RESOLUTION APPROVING THE EXTENSION OF MUNICIPAL SEWER SERVICE ALONG ILLINOIS STREET TO THE GARLAND COUNTY HABITAT FOR HUMANITY,” 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 received a letter from Mr. John Goodman, executive director for the Garland County Habitat for Humanity, requesting reimbursement in the amount $909.98 for sewer pipe they purchased to extend the sewer main to serve some habitat homes on Illinois Street. Staff recommends this reimbursement, and funds would come from the budget for sewer to unsewered areas. 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. 17 Proposed Resolution No. R-03-48 Board of Directors Meeting 7 February 17, 2003 at 7:00 P.M.  A resolution entitled, “A RESOLUTION APPROVING CHANGE ORDER NO. 1 WITH LINE AND CONSTRUCTORS FOR REPLACEMENT OF A 36-INCH SEWER PIPE AND MANHOLE MODIFICATIONS,” 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, Mr. Don Cochran, Director of Utilities, advised that staff and NRS Engineering recommend Change Order No. 1 in the amount of $265,000 to a contract with Line and Plant Constructors for the Hot Springs Lift Station Screening Project. During the construction of the Hot Springs Lift Station Screening Project, the contractor uncovered an existing 36-inch influent gravity sewer pipe. The material was made out of thin wall, stonewater pipe. This pipe has now deteriorated from the sewer gases; and the top of the pipe has eroded, causing a collapse in some places. At this point, the City will have to install a new 36-inch pipe, reroute the main, and install some new manholes. The City’s engineer has estimated that the work will cost $265,000. The money is budgeted in the sewer lift station capital improvement plan for 2003. In response to Director Edwards, Mr. Cochran explained this is not the fault of the contractor; and staff was not aware this pipe had been eaten away or the type of material. He added there was a project in 1998 to replace this pipe; and that contractor replaced all but 102 feet during that project, which is what remains to be replaced. He said the City has no choice but to replace the pipe now regardless of whether or not this project is finished. Director Weatherford pointed out this contract was in 1997 or 1998 and questioned if the City let him out of the contract not to replace that portion. Mr. Cochran explained that he talked to the City’s engineer regarding the project this morning; and he said at the time they thought this portion of the pipe was in good shape and made the judgment call not to replace this 102 feet at that time. Presently, the sewer gases have eroded it; and it needs to be replaced. He stated that he researched the file this afternoon at the request of Director Weatherford and pulled out the contract, which is dated 1998; but he was told earlier in the week that it was in the early 1990s. Director Weatherford questioned how the City lost this pipe in five years and did not know it was there when someone was bidding on it. Mr. Cochran explained that hydrogen sulfite gases in the sewer system can eat away any type of metal that is not coated or even cement. Board of Directors Meeting 8 February 17, 2003 at 7:00 P.M.  Director Weatherford asked if this can be done in five years, and Mr. Cochran advised that it can. City Manager Kent Myers pointed out that the actual line was installed in the 1960s, and the line material they used at that time was not AWWA approved and was material that should not have been used for sewer lines. He emphasized that the source of the problem was improper materials when it was originally installed 30 years ago. Mr. Cochran stated that even in the 1960s and 1970s using that galvanized steel would not be acceptable in the sewer system. Director Weatherford expressed concern that the City is paying $265,000 to replace it five years later when it cost $12,000 five years ago, which was the contractor’s bid at that time. Mr. Cochran replied that unfortunately, that is the position the City is in today. 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-03-49 A resolution entitled, “A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE CONTRACT WITH HUMPHREY’S DAIRY FARM, INC.,” was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Jones, that the resolution be adopted. Upon discussion, Mr. Lance Albaugh said he is not against parks but is questioning the timing of this project due to the economy. He stated at one time, there was mention of having a special election. City Manager Kent Myers stated that regarding a public vote, it would have to occur before any transaction is made on the land. He explained that the Board is being asked to offer an amount for the property based upon the appraisal conducted last year. There is still over $1 Board of Directors Meeting 9 February 17, 2003 at 7:00 P.M. million difference from the appraisal value and what the property owner has offered. He stated before an election is held asking the voters whether or not they will support this project, there is a need to determine how much this project is going to cost, particularly the cost of the land. He advised that the property owner has asked the City for an offer, which would be contingent upon a public vote and a number of other conditions that would have to be satisfied over the next six months. Ms. Jean Wallace, Director of Parks and Recreation, advised that on December 17, 2001, the City entered into a 12-month Option to Purchase Real Property Contract with Humphrey’s Dairy Farm, Inc. On August 19, 2002, the Option was extended for six months until July 7, 2003. Since that time, a property appraisal and conceptual plan were developed showing how the property could be used for a regional park. It is now time to make an offer on the property and begin negotiations with Humphrey’s Dairy Farm, Inc. on the purchase. Besides the purchase being subject to funding being available by July 7, 2003 and the $3.1 million appraisal price, staff and the Parks and Recreation Advisory Committee have recommended several other criteria be included in the offer. The criteria are as follows: (1) that the seller provide a current survey of the property by a registered land surveyor; (2) that the seller provide title insurance on the property; and (3) that satisfactory results from an environmental report are obtained. She stated if the Board approves this tonight, the City will be able to give this offer to the family; and they have two weeks to respond. Director Maruthur commented that on this property there are 482 acres. She asked how many acres are in the floodplain, and Ms. Wallace replied there are approximately 40 acres in the floodplain; but there is a total of approximately 107 or 108 acres affected by a flowage easement, which does not mean it is in the floodplain. However, Entergy has the right to flood that property. Director Maruthur questioned how many acres are under Lake Catherine; and Ms. Wallace replied that according to the appraisal, there are approximately 42 acres. Director Maruthur questioned if they were doing a study on the archeological sites, and Ms. Wallace advised there have been two archeological sites identified. She added if the City begins to get into the purchase of the property, then a survey will need to be conducted by the Arkansas Historical Preservation Society to locate the two sites to determine the kind of impact development will have on them. Mayor Bush asked if archeology was related to Indian tribes or grounds, and Ms. Wallace advised there is a possibility there are some Indian remains. Board of Directors Meeting 10 February 17, 2003 at 7:00 P.M.  Director Maruthur questioned the Belvedere property; and Ms. Wallace said she had a conversation this afternoon with the new owner of the Belvedere Country Club regarding the acreage around the Country Club, not the golf course or the community. There are approximately 400 acres around the area that could be available for a park. Regarding the topography of the site, the majority of it is on a slope and is hilly; whereas, the Humphrey’s Dairy property has more flat land than the Belvedere has to offer. Director Wheeler pointed out there is not a park in District 6, and this will not only accommodate District 6 but the City of Hot Springs as well. City Manager Kent Myers stated that the issue of submitting this to the voters will be considered by the Board in May. Once the University of Arkansas as completed its study, all of the information will be compiled for submission to the Board. If the Board decides to submit the issue to the voters, the election will be held in the June/July timeframe. Director Edwards asked if he thought the City could make a valid offer on the property on the information it has. City Manager Kent Myers advised that the appraisal report presented to the Board last year is very thorough, and the area in Lake Catherine was identified. Also, there were other new items the appraiser identified of which the Humphrey Family was not aware. Director Edwards asked if the offer was going to be as high as the appraisal, and City Manager Kent Myers advised that the recommendation is that the Board proceed and offer what its appraised value is subject to the conditions mentioned by Ms. Wallace. Mayor Bush stressed that the important issue is to begin the process; and, personally, he would be in favor of making an offer at the appraised value. 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-03-50 A resolution entitled, “A RESOLUTION NAMING THE DOWNTOWN PARKING FACILITY,” was taken from the agenda and read by title only. Board of Directors Meeting 11 February 17, 2003 at 7:00 P.M.  A motion was made by Director Edwards, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers stated that a number of suggestions have been distributed. Seventeen citizens submitted names, totaling approximately 30 names. Director Jones said she agreed with Ms. Judith Jones, who wrote there are too many plazas in the City where events are held; and Public Works Project Director Ron Kohler submitted “The Garden of Eden,” which she believes needs an addition to it. She noted that Mr. Tom Lucek submitted: “Bathhouse Row Parking Center.” Director Maruthur stated since the Board has just received the suggestions, it needs more time to decide and receive more input. City Manager Kent Myers stated that the City can continue to accept suggestions from the citizens, and then he can submit a ranking sheet for the Board. The Board can narrow down the suggestions to five and then select one of the five. Director Maruthur suggested getting the newspaper involved if it can be narrowed down to five, then maybe there could be a vote from the people on the name. A motion was made by Director Newell, duly seconded by Director Maruthur, that the resolution be tabled; and upon voice vote, the motion unanimously carried. 20 Proposed Ordinance No. O-03-18 An ordinance entitled, “AN ORDINANCE REVISING THE PLUMBING AND GAS PERMIT FEE SCHEDULE AS ADOPTED BY ORDINANCE NO. 4926,” 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. Board of Directors Meeting 12 February 17, 2003 at 7:00 P.M.  Upon discussion, Mr. Jack Greenway emphasized that a survey of other cities in the state was conducted; and Hot Springs was low in just a few areas. He explained that staff is suggesting these fees to cover the costs. He mentioned that the Construction Trades Advisory Committee reviewed it, and the vote was unanimous. 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. 21 Proposed Ordinance No. O-03-19 An ordinance entitled, “AN ORDINANCE REVISING EXHIBIT “B” OF ORDINANCE NO. 4953 (MECHANICAL CODE FEE SCHEDULE) BY ADDING A FEE FOR COMMERCIAL VENT AND GREASE HOODS,” 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 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. 22 Proposed Ordinance No. O-03-20 An ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 4927 (ELECTRICAL CODE) BY REVISING THE FEE SCHEDULE,” 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 Maruthur, that the ordinance be passed as read; and upon Board of Directors Meeting 13 February 17, 2003 at 7:00 P.M. 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. 23 Proposed Ordinance No. O-03-21 An ordinance entitled, “AN ORDINANCE ADOPTING THE ARKANSAS FIRE PREVENTION CODE, 2002 EDITION,” 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 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. Upon discussion, Mr. Ed Davis, Fire Marshall, explained the ordinance adopts the International Fire Prevention, Building and Residential Code, as mandated by the State Legislature. This is affirming local authority to enforce the said codes. 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. 24 Proposed Resolution No. R-03-51 A resolution entitled, “A RESOLUTION ADOPTING A PERMIT FEE SCHEDULE PURSUANT TO ORDINANCE ADOPTING THE ARKANSAS FIRE PREVENTION CODE, 2002 EDITION,” 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; and upon roll call, the following voted “aye”: Directors Maruthur, Board of Directors Meeting 14 February 17, 2003 at 7:00 P.M. Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared passed. 25 Proposed Resolution No. R-03-52 A resolution entitled, “A RESOLUTION ADOPTING A PERMIT FEE SCHEDULE FOR LOADING OF COMPOST MATERIAL PURSUANT TO ORDINANCE NO. 4494,” 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, City Manager Kent Myers advised that at the suggestion of Director Edwards, staff is bringing this to the Board. He explained it would maintain the current rate of $6 per cubic yard for any local citizen who uses three cubic yards or less of composting. For the large users, it would increase that to $15 per cubic yard, which the City loads. He noted that free compost will continue to be provided to anyone who wants to go out and load it themselves. Director Edwards said it was suggested that the people with the 18-wheelers would be charged $15 per cubic yard, and the other residents who get more than three yards a year would be charged $12 per cubic yard. City Manager Kent Myers advised this was discussed at the agenda meeting, and it would be impossible to administer. He added these tickets are sold at the Finance office, and they have no idea of who has a large truck or a small truck. Therefore, the City needs to establish a specific rate and not consider the type of vehicle. He added that the Finance office is only interested in what volume of compost the customers what to purchase; and once they get the ticket, the customer can go out there in whatever vehicle he or she wants to transport the compost. Director Edwards said he thought it was agreed that the first three cubic yards per year would be $6 a cubic yard for the gardeners and people who want to update their lawn. City Manager Kent Myers stated that at the agenda meeting, Finance Director Linda Baker, who will have to collect this money, indicated that would be a real problem to try to track a year and thought he had agreed to allow them to do it two or three times as long as that load was Board of Directors Meeting 15 February 17, 2003 at 7:00 P.M. small (three cubic yards or less). He added these are the backyard gardeners, who may need two loads a year. Director Edwards commented if it works that way, then that is what he is interested in. 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. 26 Out-of-State Travel to National League of Cities Conference in Washington, DC - March 7 - 11 ($5,000) for Mayor and Two Directors A motion was made by Director Edwards, duly seconded by Director Newell, that the out- of-state travel to the National League of Cities Conference in Washington, DC, be approved. Upon discussion, City Manager Kent Myers reported that every year the National League of Cities has a Congressional Cities Conference in Washington, DC; which is attended by cities throughout the country. Not only does it involve meetings in terms of seminars and updates on federal legislation, but it also provides one day of meeting with the Congressional delegation and their staff. He said he had planned to attend, and this provides a benefit from his standpoint to meet with the Congressional staff and federal agency representatives. He noted there is money in the budget for a couple of Directors to attend. Director Maruthur questioned if it was necessary to have Board Members to attend, and Mayor Bush replied he thought it would be a good idea for them to visit the Congressional delegation. City Manager Kent Myers stated that the Board’s travel policy is anytime a Board Member goes on out-of-state travel, the Board has to approve that specific individual. If anyone wants to go, they to let him know tonight in order to get an action and approval. Mayor Bush, Director Weatherford, and Director Jones indicated they would like to attend. A motion was made by Director Wheeler, duly seconded by Director Newell, to approve out-of-state travel for Mayor Bush, Director Weatherford, and Director Jones to attend the Board of Directors Meeting 16 February 17, 2003 at 7:00 P.M. National League of Cities Conference in Washington, DC, March 7 through March 11; and upon voice vote, the motion unanimously carried. OTHER BUSINESS 27 Board of Directors Items Director Jones expressed appreciation to those who contributed to the Black History programs held over the weekend and during the month with P.H.O.E.B.E., noting that Ms. Cheryl Batts had a good attendance. On March 6, at 6 p.m.,Webb Community Center, there will be a historic district meeting; and all property owners are urged to be present, as well as the Directors. Notices will be sent by the staff to everyone who owns property. She urged attendance by the Gateway neighborhood, the Visitors’ Chapel, and Union Baptist Church. Director Maruthur announced that on Tuesday, February 18, at Pullman Heights Methodist Church, historian Marcus Phillips will hold his fifth lecture, which will be on Hot Springs Gateway to Gateways West. The program will be in four segments with slide presentations in the form of a travelogue. Segment 1 will be along Fulton and Old Washington to Ft. Smith Trail Road showing the old stage stops. Segment 2 will be along the Old Dallas Road from Hot Springs crossing Military Road to Old Dallas. Segment 3 will be along Gap Road from Thornton Ferry to the Old Military Road south of Caddo and connect up to the trail to Indian territory. Segment 4 is a tour through old Caddo Gap and relating the legends of the area. The lecture is free, and there will be entertainment and refreshments. For more information, individuals may contact Marcus Phillips at 623-8757. From 6 p.m. to 7 p.m., there will be one of the largest exhibits of Hot Springs memorabilia ever shown. Regarding the Darch and Knickerbocker Hotels, Director Weatherford questioned if the City has followed all of the correct procedures for permits, inspects, condemnations, etc. City Attorney David White advised that according to previous comments from Mr. Greenway, the Board is going to have to condemn it again if it comes down to it. The owner has substantially complied with what the City has asked him to do; and at that point, he did not believe the City can rely upon past action and will probably have to start the process over again. He noted this has been a problem with that part of the Code, and is not a matter with which he is satisfied. He said he has discussed this issue with Mr. Bart Jones, Rehab Administrator; and several years ago, it was amended based upon Mr. Jones’ comments to him that people were using up all of the six months before they started driving a nail. He stated it then started the condemnation procedure Board of Directors Meeting 17 February 17, 2003 at 7:00 P.M. all over; therefore, he wanted something that would move a little quicker. He pointed this moves more expeditiously but does not believe it satisfies the Constitution. Director Weatherford commented he would like to see the buildings restored. He mentioned that the backs are covered; but there are still large, gaping holes in the back. Also, the basement is open; and the owner is going to have to make more progress than what he has done. City Attorney David White said that is what Mr. Greenway mentioned tonight, and he will continue to inspect it. Director Weatherford commented they were working today covering up the building; but part of that building is not covered up; and there is a large gaping hole in one of them, as well as a large open basement. 28 City Manager’s Report City Manager Kent Myers gave the following report: 1. At a recent Board Work Session, Director Jones suggested re -initiating the monthly Board tours of the various districts. Starting next month with District 1, the Board will have tours of each district and continue through District 6 in August. He will be coordinating the dates for those tours with the individual Directors. If any citizen has a specific site they would like for the Board to see in the district, they may call his office; and he will compile a list. The tours usually last about two hours, and a bus or trolley will be provided. 2. There was an article in the newspaper over the weekend regarding the citizen survey that is starting tonight. In the 2003 Budget, the Board approved an allocation of funds to retain the University of Arkans as at Little Rock research staff to update the survey that was originally conducted about four years ago to analyze the level of satisfaction with the citizens in terms of City services. There will be approximately 450 survey results that will be compiled over the next several weeks, and that report will be ready for the Board to review sometime next month. There have been several questions added regarding Humphrey Dairy to see what kind of support there is in the community for that project. There are economic development questions, but primarily the questions relate to City services and the level of citizen satisfaction with those services. If Board of Directors Meeting 18 February 17, 2003 at 7:00 P.M. citizens receive a phone call from a student at UALR, he urged them to respond to the questions; and the survey will take about 10 minutes. 3. On the Consent Agenda, the Board adopted a Public Safety Report that included several important items. At the suggestion of Director Maruthur, the Board approved a modification to the intersection on Park Avenue at Mountain Valley. Through the cooperation of the Arkansas State Highway and Transportation Department, a plan has been devised to redo that intersection; and those changes were approved by the Board as part of the Public Safety Report. The second item was suggested by Director Wheeler several months ago which is to add a right-turn lane on Catherine Heights at Malvern. With the cooperation of the Arkansas State Highway and Transportation Department, a right-turn lane will be added at that intersection which will help with the flow of traffic. The third item is regarding the relocation of the Hot Springs School District offices to the Jones School. As a result of that relocation, traffic conditions in that area have changed. As part of the report, the Board approved some changes in terms of stop signs and also the addition of parking in that area to benefit the school district and the visitors to the Jones School Building. 29 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:25 p.m., to meet again on Monday, March 3, 2003, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 19 February 17, 2003 at 7:00 P.M.