Board of Directors

MINUTES BOARD OF DIRECTORS MEETING APRIL 7, 2003, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, April 7, 2003, at 7 p.m., Board Chambers, City Hall, with Assistant Mayor Bob Wheeler presiding. The invocation was given by Mr. Glenn Gallas, and Pledge of Allegiance to the Flag was led by Assistant Mayor Bob Wheeler. Assistant Mayor Bob Wheeler called the meeting to order at 7 p.m. 1 Roll Call Roll call was as follows: Present: Directors Peggy Maruthur, Elaine Jones, Burt Newell, Carroll Weatherford, Bill Edwards, and Bob Wheeler, total 6. Absent: Mayor Mike Bush. 2 Approval of Agenda A motion was made by Director Jones, duly seconded by Director Weatherford, that the agenda be approved. Upon discussion, Director Maruthur requested that Item No. 23 (Proposed Resolution No. R-03-97 Approving Supplement No. 3 to the Professional Services Agreement with David French Architects [Downtown Parking Facility]) be removed from the Consent Agenda for separate consideration. Assistant Mayor Wheeler 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 the March 17, 2003 Board Meeting  A motion was made by Director Weatherford, duly seconded by Director Maruthur, that the minutes of the March 17, 2003 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests City Manager Kent Myers recognized Ms. Theodocia Latham, part-time Sister City Coordinator, and commented that the expansion of the Sister City Program was one of the top priorities of the Board this year. He introduced Ms. Latham and read her qualifications and educational background. He stated that as coordinator, she will be developing data bases of volunteers who are willing to act as interpreters, home -stay hosts, and to accompany visiting delegations. She will assess and recommend improvements for the student exchange program, arrange the details of future delegation visits, and help communicate the purpose, ideals, and benefits of the Sister City Program to local citizens. Ms. Latham expressed appreciation for her appointment to this position and said she would welcome any comments, suggestions, or concerns. Director Edwards recognized Mr. Lance Albaugh. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (March 19, 2003). 6 Proposed Resolution No. R-03-81 Approving Certain Bid Awards Pursuant to Ordinance No. 4609 (Purchasing Procedures): [a] HVAC Comprehensive Service - Various Departments (annual supply contract awarded to Powers of Arkansas); [b] Portable Basketball Backstops - Civic Center Expansion (award to BPI in the amount of $23,573); [c] Janitorial Supplies - Various Departments (annual supply contract awarded to Kerr, Parwin, CCP, Brown, and American Paper). 7 Proposed Resolution No. R-03-82 Approving Certain Bid Awards Pursuant to Ordinance No. 4609 [Purchasing Procedures]: (Construction Materials for Central Avenue Water Line Replacement Project awarded to McWayne Pipe in  the amount of $38,472 and United Pipe in the amount of $50,411.39). 8 Budget Transfer - Traffic Control Equipment for Golf Links, Crawford and Central Avenue Intersection ($6,960). 9 Proposed Resolution No. R-03-83 Authorizing the Filing of Grant Application with the Arkansas State Highway and Transportation Department (Arkansas Recreational Trails Grant-Entergy Park). 10 Proposed Resolution No. R-03-84 Awarding a Contract for the Dr. Martin Luther King, Jr. Expressway Landscape Project to H&S Maintenance. 11 Proposed Resolution No. R-03-85 Authorizing the Mayor to Execute Contract Modification No. 3 with AFCO Steel, Inc. for the Hot Springs Civic and Convention Center Expansion Project. 12 Proposed Resolution No. R-03-86 Amending the 2003 Annual Paving Program. 13 Proposed Resolution No. R-03-87 Approving the Selection of Regions Bank for the Provision of Certain Banking Services. 14 Proposed Resolution No. R-03-88 Awarding a Contract for Appraisal Services Related to the Higdon Ferry Road Improvement Project (AHTD Job No. 060686) to Frank Manzer and Associates. 15 Proposed Resolution No. R-03-89 Engaging Peters and Associates to Conduct a Traffic Study within Central Business Improvement District No. 3 and Approving a Budget Transfer for Said Project. 3 16 Proposed Resolution No. R-03-90 Approving Change Order No. 6 and Change Order No. 7 with Coakley Construction for 2002-6 Water Main Improvements Project (Removed from Consent Agenda for separate consideration). 17 Proposed Resolution No. R-03-91 Authorizing the Filing of a Grant Application with the Arkansas Forestry Commission (Urban Forestry Management Program). 18 Proposed Resolution No. R-03-92 Authorizing the Filing of a Grant Application with the Youth Advisory Council of the Hot Springs Area Community Foundation (Youth Center Coffee House Program). 19 Proposed Resolution No. R-03-93 Authorizing Execution of an Easement between the City and Entergy Arkansas, Inc. across Certain City-Owned Property (Chattanooga Park). 20 Proposed Resolution No. R-03-94 Authorizing Execution of an Easement between the City and Entergy Arkansas, Inc. across Certain City-Owned Property (Fire Training Ground). 21 Proposed Resolution No. R-03-95 Approving the Extension of Hot Springs Municipal Water and Sewer Service to the 800 Block of Shady Heights Road. 22 Proposed Resolution No. R-03-96 Approving the Extension of Hot Springs Municipal Sewer Service to Majestic Lodge Road and Phadral Lane. 23 Proposed Resolution No. R-03-97 Approving Supplement No. 3 to the Professional Services Agreement with David French Architects (Downtown Parking Facility) [Removed from the Consent Agenda for separate consideration]. 24 Proposed Resolution No. R-03-98 Extending the “Free” Period for the Downtown Parking Deck until June 15, 2003. Board of Directors Meeting 4 April 7, 2003 at 7:00 P.M.  A motion was made by Director Edwards, duly seconded by Director Weatherford, that the Consent Agenda be approved. Upon discussion, Director Weatherford requested that Item No. 16 (Proposed Resolution No. R-03-90 Approving Change Order No. 6 and Change Order No. 7 with Coakley Construction for 2002-6 Water Main Improvements Project) be removed from the Consent Agenda for separate consideration. City Manager Kent Myers announced that an item on the Consent Agenda did not have the information included in the resolution when the Board packets were distributed (Item No. 7 - Proposed Resolution No. R-03-82 Approving Construction Materials for Central Avenue Water Line Replacement Project); and the bids were opened lthat000 P.M. Board of Directors Meeting 5 April 7, 2003 at 7:00 P.M.  Upon discussion, City Manager Kent Myers advised that the City has solicited names from the public for the downtown parking facility; and over 50 names were suggested by the public and City officials. Those names were distributed to the Directors; and several names were endorsed by more than one Director, which are listed in the Board packet. He stated there is no preference from staff standpoint but suggested incorporating “parking” in the name to express the primary purpose of that facility. A motion was made by Director Newell, duly seconded by Director Weatherford, to name the facility “Exchange Street Parking Plaza.” Upon discussion, Director Maruthur said she would like to take the recommendation of the compilation of the votes and the architect, which would be “Bathhouse Parking Plaza,” because there is hopes to develop the bathhouses. Also, it is the number one attraction that is known around the world. She commented that Bath Street is no longer a street but is now a walkway. Assistant Mayor Wheeler suggested “National Park Parking Plaza” since National Park is for the entire City of Hot Springs. Assistant Mayor Wheeler then called for a vote on the motion to name the facility “Exchange Street Parking Plaza”; and upon roll call, the following voted “aye”: Directors Jones, Newell, Weatherford, and Edwards, total 4. Voting “no”: Directors Maruthur and Wheeler, total 2. Absent and not voting: Mayor Bush; motion carried. Whereupon the resolution was declared adopted with the name “Exchange Street Parking Plaza” inserted in the resolution. 26 Petition Regarding the Installation of a Signal Light at Bath and Central City Manager Kent Myers explained that the primary purpose of the signal at Bath and Central is for pedestrian safety. He added this is for a signal at an already designated crossing and would provide protection for pedestrians who are currently crossing, as well as the additional pedestrian expected in the future . He introduced Mr. Greg Simmons, with Peters and Associates, who has conducted numerous traffic studies in the community for public and private sectors. Mr. Greg Simmons reported that as a part of the traffic study they did for the downtown parking facility in February 2001, one of the items in that study referred to the recommendation of a pedestrian crossing at the intersection where Bath Street was being closed at Central Board of Directors Meeting 6 April 7, 2003 at 7:00 P.M. Avenue. In November 2001, he was asked to conduct a traffic signal warrants analysis. In order for a pedestrian traffic signal to be warranted per the Manual on Uniform Traffic Control Devices (MUTCD), which is the governing document the Highway Department and cities and counties in the State adopt for the purposes of traffic control. There are two criteria that must be met: (1) at a traffic signal pedestrian-proposed crossing, for any four hours of the day, there have to be at least 100 pedestrians crossing in this area; and (2) in the traffic stream for that same period of time, there have to be at least 60 acceptable gaps per hour. He explained they timed pedestrians crossing Central Avenue at Bath Street at the existing crosswalk, and that average time was approximately 4.3 feet per second. To cross that street, it took about 12 seconds; and they looked for at least 60 gaps of 12 seconds or greater per hour in the traffic stream. The technicians for the company counted pedestrians crossing at Mountain Street, Bath Street, and Court/Reserve at the same time and measured the acceptable gaps in the traffic stream. If there are less than 60 gaps in the traffic stream, it is not acceptable for crossing. They counted from 10 a.m. to 6 p.m. on Saturday, and the most they saw in an hour were 14 gaps. At the same time, at the Bath Street crossing, there were four hours where they exceeded the 100 pedestrians per hour. At Mountain Street, they exceeded 100 pedestrians per hour for six hours and at the third intersection for five hours. Comparing those numbers to the warrants described in the MUTCD, the technical criteria was met for the installation of a pedestrian traffic signal. He said that he has been doing this for about 30 years, and this is the busiest pedestrian crossing he has ever studied and is the firs t pedestrian location he has ever seen that actually met this pedestrian warrant without a traffic signal. Therefore, their study recommended this signal be installed. He showed a graph indicating what the gaps were in volumes of pedestrians crossing the traffic stream at 15-minute increments. He commented this is an existing crosswalk, and people are crossing there at the present time. He pointed out that typically tourists are not as familiar with downtown traffic characteristics as the citizens. Therefore, this traffic signal adds an extra measure of safety. From an operational standpoint, he advised there will be pedestrian pushbuttons on either side of the street. After they push the button, it will not immediately release them to cross the street but will allow the pedestrian traffic to cross Central Avenue at a time when it is least disruptive to the vehicular traffic or pedestrians. He explained that signals on Central Avenue are presently in a traffic-controlled system, and this would be added to that. The study they conducted was reviewed by the City and the Arkansas State Highway and Transportation Department, which concurred with the findings. He said he believes this is the best and safest way to provide pedestrian crossing at this location and will be a mistake not to install the signal. Board of Directors Meeting 7 April 7, 2003 at 7:00 P.M.  City Manager Kent Myers stated there are many pedestrians crossing, and there seems to be a very disorganized pattern of pedestrians and cars. He questioned if it were possible this signal would create a better flow of vehicular traffic than what is presently there. He added that one of the concerns is disruption to the vehicular traffic. However at the present time, it seems that the traffic is disruptive. Mr. Simmons replied when there are a series of traffic signals along an arterial street, such as at Central and at Mountain and Court/Reserve, that are over 700 feet apart, this signal will help keep a group of vehicles closer together as they move down the street and will be a more orderly flow of traffic. He said that vehicles should not have to stop any more often than they do now. Director Newell asked if it would be possible to install a control button and not have a light. He added if pedestrians wanted to cross, they could press the button, which could freeze the light 100 yards to the north. At 30 mph, the traffic would pass very quickly; and the pedestrians could cross. Mr. Simmons replied that it is not impossible but pointed out that it is a very unconventional operation, and he would have to review the MUTCD to see if it is sanctioned. Deputy City Manager Lance Hudnell reviewed a chart that was distributed in regard to the current contract stating that one of the funding sources is Federal Transit Administration, of which there is approximately $1.2 million in FTA funding dedicated to the parking facility. Of that amount, $19,210 has been dedicated to this particular contract. Of that amount, $15,368 is federal dollars; and $3,842 are City dollars, making this an 80-20 grant. The next source is a TEA-21 Enhancement Grant, which is a federal grant of $60,000 and a City amount of $15,000, for a total of $75,000, which is also an 80-20 match. The AHTD administration fee is $950, which is one percent of the construction contract ($95,000). He stated the TEA-21 Grant requires that administration fee, which has already been paid to the State and is nonrefundable. The A&E is the Change Order for David French Architects for the design of this project, which makes the total project $104,263, including the $95,000 contracts, the administrative fees, and architectural fees of which $28,895 is City dollars; and $75,368 is federal dollars. To date, the contractor has outstanding bills for the materials received and work that has been done ($50,085). Public Works Project Director Ron Kohler has estimated if the City did not approve the crosswalk and took it out, there would be a $6,000 conversion cost for new curbing, etc. to re -shape that intersection. He added that it was originally designed as part of the Bath Street section, which has already been done, and was designed assuming there would to be a signal light and crosswalk. Regarding the architect and engineering fee, $7,481 has been expended as far as a bill due to French and Board of Directors Meeting 8 April 7, 2003 at 7:00 P.M. Harris Architects. The remaining amount between the $7,481 and $8,313 is construction oversight that has not occurred. Total expenses to date, including the $6,000 that is projected, is $64,516. He explained that Option A is if the Board decides to terminate the project and dedicate all of the city match that remains in the project (give back both grants). By taking any remaining City money that is not needed for the match, there would be $28,895 to dedicate to it, which would require an additional $35,621 to reach the total of $64,516 of the termination cost. Option B is if the Board wants to retain the FTA Grant, which is $19,210, because it is eligible to be used for other elements within the parking facility or Bath Street area. If the Board wants to retain that grant, the City would then need to keep the match that goes along with it, which is $3,842, and would increase the additional City dollars needed from $35,621 to $39,463. Option C is that the Highway Department would not allow the TEA-21 Grant to be used for any other items for the parking facility, but there are 12 different items for which these TEA-21 Grants can be used. If another project in town would meet one of their objectives, this grant could be transferred to another part of town. If the Board chose Option C, it would be not giving back either grant, which means keeping both grants, but also terminating the project. Additional City funds from Board Reserve would be needed in the amount of $54,463. On the Consent Agenda tonight, two items were passed which reduced the Board Reserve; and the current balance in Board Reserve is $91,065. He pointed out there might be some funds recovered if the materials, etc. were sold. The City has exceeded the time for re -stocking fees but might be able to use the poles at another location, use the equipment at another location, or sell it to another city, which would reduce the $64,516. Director Maruthur commented that tonight she was given the paper regarding the funding on the Bath Street crossing project, which she was told was ready Friday. She stressed that she has a fax machine and a computer to receive information from the City. Deputy City Manager Lance Hudnell explained the only difference between this paper and the one that was included in the Board packet, which was received last Thursday, is the balance in Board Reserve. Director Maruthur stated she has the Board packet from when the Board voted, and this is what makes people distrust government. Deputy City Manager Lance Hudnell emphasized that all of the numbers have been given to the Board, but the only difference is Board Reserve. He added that staff tried to give the Board all of the numbers as early as last Thursday and before that. Board of Directors Meeting 9 April 7, 2003 at 7:00 P.M.  Director Maruthur stated there should be an effort to try to get the information to the Board and commented this has occurred more than once. She said the Board has had to make numerous decisions on papers distributed that were ready days prior. She commented this is one of the reasons she tried to change the Board Meetings to Tuesday. Deputy City Manager Lance Hudnell replied that staff makes a strong effort not to do this, and it is on rare exceptions that it is done. Director Maruthur stated this is what makes citizens not trust government, and it appears that there have been a lot of misunderstandings, miscommunication, and lack of meetings; and the merchants downtown are not imaging they did not have all of the information. Director Weatherford asked if the equipment was here, and Public Works Project Director Ron Kohler advised that it was. Director Newell said one of the options listed is to table the action for several months to review the flow of vehicles and pedestrians. He asked if that is still a viable alternative; and City Manager Kent Myers advised that according to the contractor, there would be no additional cost over what he has quoted if it is tabled for 90 days; and he submitted that in writing. Total charges for 90-day extension is $21,585, which is already incorporated in the numbers that Deputy City Manager Lance Hudnell quoted. If the City decides to cancel the contract after the extension, no additional charges will be applied. Director Newell asked if it cost $21,585 to extend it; and City Manager Kent Myers advised that it did not but has already been incorporated. He explained that the staff is receiving updated information everyday, and another letter arrived from the contractor after the Board packet was distributed on Thursday. Director Maruthur said her fax machine is on 24 hours a day and wanted on the record that she spoke to Deputy City Manager Lance Hudnell before any materials were delivered. She stated it was right after a Board Meeting and was after Christmas, but it was prior to the materials being delivered. Deputy City Manager Lance Hudnell stated this page was distributed tonight because there was an update to it in the Friday packet, and City Manager Kent Myers asked that this be distributed tonight in case the Directors did not remember to bring their Friday packet. He stressed that it was provided to the Board as soon as it was developed on Friday. Board of Directors Meeting 10 April 7, 2003 at 7:00 P.M.  Director Maruthur said she does not believe this was handled properly and was not fair for the people who have to travel on Central, the people who have to pay for the light, the Board of Directors, or the downtown merchants. She stated she did not support the light, but there was no opposition because it was not in the newspaper and was not considered by the Transportation Advisory Committee. Director Newell commented that the Board was aware of it or should have known about it. Director Maruthur stated the Board was aware of it; but when the Board is not contacted by the public, it is assumed that the public is aware of it and does not have a problem with it. Director Newell commented it is the Board’s responsibility to know what is included in the Board packet. He stated the citizens depend on the Board to know, and the Board voted on this. Director Maruthur said the Board knew was aware of the information, but the downtown merchants did not. She mentioned the Board needs to shed some light on what happened and where it can go from here. Director Jones said she did not contact any of the merchants downtown and discuss it with them. Director Maruthur commented the Board voted on a recommendation from staff, but she stressed that the downtown merchants should be heard. She noted at a previous meeting when the Board voted on this light, the Directors had some questions; but no one from the public spoke in opposition. Also, it was not considered by the Transportation Advisory Committee. City Manager Kent Myers advised that the Board has never referred a traffic signal to the Transportation Advisory Committee since that is not part of their role and responsibility. Director Maruthur stated that the committee was almost dissolved, but she asked that it not be because that is the public forum. She noted there was a Transportation Advisory Committee meeting regarding the parking deck fees and policies but nothing to address the light. She commented that the downtown merchants was not aware the Board was going to vote on this issue that night; and the Board assumed they knew, had input, and did not have a problem with it. Board of Directors Meeting 11 April 7, 2003 at 7:00 P.M.  She noted there were questions regarding the light, but no one objected to the placement of the signal. Director Edwards said when this was first discussed and the parking facility was being constructed, his understanding was this was for the safety of the pedestrians crossing the street. He stated that pedestrians are going to cross the street whether there is a signal there or not, but the signal will provide safety for the pedestrians. Director Weatherford questioned when the equipment arrived, and Public Works Project Director Ron Kohler advised that the poles arrived about three days ago. Director Weatherford commented this contract was approved on October 7, 2002; and at that time, it was 12 to 14 weeks delivery. Today it is 28 weeks, noting if the City had this at 12 or 14 weeks, there would not be this problem and would probably already be installed. City Manager Kent Myers stated it would have been in by now, and there have been numerous meetings and discussions with the National Park Service over that period of time following contract approval. Had the City received approval from the NPS within 30 days, the signal would have been installed. Director Weatherford questioned why the City did not get approval from the NPS before doing this, and City Manager Kent Myers replied that the City did not think it would be a big issue for them. Director Maruthur requested that the citizens be recognized who are present to speak to this issue. Mr. Lance Albaugh, 240 Prospect Avenue, said he has to use a wheelchair and crosses the streets on a daily basis. Also, he is a volunteer for the National Park Service and crosses at Court and Exchange to go to Bathhouse Row or by Lauray’s. He said he makes it a policy not to use a crosswalk unless there is a traffic light. He stated this does not mean he is for or against the traffic light; but if the Board votes against the traffic light, he asked the Board to keep the crosswalk at that location. Mr. Ken Wheatley III stated that the crosswalks in front of the Fordyce and in the 100 block of Central are very busy crosswalks. He advised that the merchants have tried for four or five years to get rumble strips in the 100 block to slow down the traffic but were denied by the Arkansas State Highway Department. He commented that several million dollars were spent in the CBID to remove the visual clutter, which is his objection. Board of Directors Meeting 12 April 7, 2003 at 7:00 P.M.  City Attorney David White asked if he supported maintaining the crosswalk but is objecting only to the pole and signal light, and Mr. Wheatley stated there is a problem because people are turning up into the fountain at the parking facility and do not know how to get to the facility. He said he did not believe there should be a crosswalk and suggested planting flowers, which would designate the end of the pedestrianway. He pointed out that tourists come to the City to walk and enjoy the attractions. He stated that with the traffic light at that location, it will cause people to stop and try to figure out how to turn. Director Maruthur said her concern is that people will turn into the facility and suggested duplicating the gate that is on the balcony with two arrows going to Court/Reserve and to Mountain so that people will be directed to the location of the crosswalks. City Manager Kent Myers advised that problem was discussed today because the Police Department had reported the second car this weekend. It was agreed that the Parks Department would place pots of flowers at that location. Mr. Mark Fleischner, 402 Central, said when CBID #2 was formed, they did their best in trying to get information to people who were in the district. He suggested as the CBID No. 3 is added, compiling a master list of all of the property owners, their addresses in the downtown area, and a means to contact them. Due to the economy, he urged the Board to table this issue for a reasonable period of time in order to give some time to determine what happens this summer. He recommended that the City work with the merchants on this issue and any other issues in the downtown area, pointing out there needs to be involvement, not with just the merchants in CBID #3, but going up Ouachita to District No. 1. He stated that when the bathhouses are filled, there may possibly be a need for a stop light at the location; but at the present time, it is not needed. He pointed out that pedestrians walk across Central Avenue at multiple locations and will not go to a traffic light. He asked that the Board reconsider this issue and did not believe the traffic light is needed at this time. Director Newell said he did not believe a crosswalk is needed without a traffic light, and pedestrians are accustomed to the two going hand-in-hand. Director Weatherford asked if all of the crosswa lks need to be taken off Central, and Director Newell said he does if there is not a light. He stated that, in general, he believes they are dangerous. He mentioned that he regrets the City has to absorb this cost but objects to using the Board of Directors Meeting 13 April 7, 2003 at 7:00 P.M. Board’s Reserve, which will leave a small amount in that fund. He stated if the Board wants to find another funding source to help absorb this cost, then he will support that. City Manager Kent Myers stated that the advantages to the motion is that Director Maruthur has not had the opportunity to review the numbers, and this would also give the Board an opportunity to review the figures. Director Edwards asked if the numbers would change if this were tabled, and Public Works Project Director Ron Kohler advised that the contractor has indicated the City has received all of the materials at this time and has invoiced that to the City. What is remaining are the foundations on the bathhouse side and the crossing with the connections underground and setting the pole. He advised if it were deferred for 90 days, there would be no increase in cost. A motion was made by Director Edwards, duly seconded by Director Newell, that the issue be tabled for 90 days. Upon discussion, Director Weatherford asked if the City had a contract with All Service Electric; and City Manager Kent Myers advised that it did. Director Maruthur commented that the Board approved this light on October 7, 2002. She called Mr. Don Thomason, with The Sentinel-Record; but he was unable to find any article from Friday to that Monday indicating the light was going to be on the Board agenda. She said she believes the process of this approval was flawed. She stated there is a recommendation, which is part of the package regarding the pedestrian corridor across Exchange, and it mentions that the City may be eligible. She noted that the Board assumed this had been discussed with the downtown merchants and Transportation Advisory Committee. She said the discussion does not even question anything about the public because of the assumption that was made. She pointed out that Director Newell questioned why there was only one bid, and she had questions regarding the price and if this would be a historic-style light. Also, Mayor Bush questioned why the City was paying for this; and she commented it was part of an ISTEA Grant. She mentioned that all of the Directors voted for this because there was an assumption this had gone through a process of public input. She pointed out that a number of items were changed that the Board had voted on for this facility. She commented there were several issue that happened with the Civic Center that were similar to this, which is the reason she has talked with Utilities Director Don Cochran and Finance regarding the listing of all vendors and bidders. She stated this process was flawed, and the merchants do not want the light because of visual clutter and more traffic problems. She said Board of Directors Meeting 14 April 7, 2003 at 7:00 P.M. she agreed with Director Weatherford that there are many places where people cross but should not be crossing. She pointed out there are other crosswalks that do not have signals, such as at The Villa and by the Belle Arti. She mentioned that motorists are still turning into this area thinking it is a street, and it is still being referred to as Bath Street but is a walkway. She recommended that the City take some action and consider applying Option No. 3 and use this for something else. Also, in the recommendation, it refers to the traffic study that was done and mentions the increase that might be experienced due to the influx of people at the parking facility. She said the City does not know what the impact will be and did not believe anything is lost by what has been done on the sidewalk because the infrastructure is in place. She suggested applying this to another location and said because the process was flawed, it does not mean the City has to live with it. She emphasized this should not happen again and wants to see issues go through the proper channels. Director Weatherford asked how much All Service Electric says the City owes them if the City does not take this light; and Deputy City Manager Lance Hudnell replied that from the letters they have submitted, it is $50,085. Director Weatherford said the contract the City gave to All Service Electric in October 2002 sets out that he would be completed in 45 days. Anything after 45 days that he had not completed, he owed the City $500 a day. Deputy City Manager Lance Hudnell explained it was not the contractor’s fault, and the City was not held up by him; but he was delayed by the City. Director Weatherford questioned how the City delayed him when the materials came in three days ago. Deputy City Manager Lance Hudnell explained it was because of National Park approval. Director Weatherford stressed that the materials did not arrive until three days ago, which is 100 extra days at $500 a day, for a total of $50,000 he owes the City. Deputy City Manager Lance Hudnell said he could not answer that question, and it is not germane to the issue. City Manager Kent Myers explained that the contractor was ready sometime ago, but he did not want to proceed with the actual construction of the project until everything was in place. He explained it would be a risk for the contractor if he were to proceed. He added that he did everything at the City’s direction; and the City had one more approval to go through, which was the National Park Service. Director Weatherford stressed that the City should have received that in writing to cover himself because the City has a contract saying if he does not finish it in 45 days, he will lose $500 a day. Board of Directors Meeting 15 April 7, 2003 at 7:00 P.M. City Manager Kent Myers stated this is typical on a construction project, and the City runs into circumstances where a client asks for a project to be delayed. He reiterated that the delays were at the City’s request because the City did not get National Park approval. Director Jones questioned how he could do the work if the parts were not here, and City Manager Kent Myers advised that the National Park Service gave oral approval; but then Mr. Roger Giddings, National Park Superintendent, would come back the next week and say he needs to send this to Denver. He sent it to Denver but then needed to talk with his maintenance person. He advised that the City informed the contractor it could not pay the construction crew to start immediately because the City had not received final approval from the National Park Service. Director Weatherford stressed that the City could not tell him to be here because the items were not here for him to install. City Manager Kent Myers said that he may have had them in his shop, but they were delivered to the City last week. Assistant Mayor Wheeler then called for a vote on the motion to table the issue for 90 days; and upon voice vote, the motion unanimously carried. 23 Proposed Resolution No. R-03-97 A resolution entitled, “A RESOLUTION APPROVING SUPPLEMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH DAVID FRENCH ARCHITECTS FOR THE DOWNTOWN PARKING FACILITY,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Newell, that the resolution be adopted as read. Upon discussion, Director Newell asked if this would be a moot issue if the City decides in 90 days not to install the light; and City Manager Kent Myers advised this is work that has already been performed. Director Weatherford asked when was this completed, and City Manager Kent Myers advised that it was over the last 12 months. Public Works Project Director Ron Kohler replied that it was completed before that contract went out for bid so there would be something on which to bid. Board of Directors Meeting 16 April 7, 2003 at 7:00 P.M.  Director Newell asked if this was relevant to the light, and City Manager Kent Myers explained that the light and crossing were designed last summer; it was put out to bid, and the actual work was done six to eight months ago. Director Weatherford pointed out the date of the contract referred to in the Supplement is April 1, 2003. Director Maruthur questioned where it states the work has been done. She added that the date included in the Supplement states April 1, 2003; and it sets out crosswalk design. She said she is not questioning whether the work was done, but the Board has been presented with this date and is presented as if the services are going to be done. City Manager Kent Myers advised that it was done last summer. Director Maruthur requested that in the future, the Board be given information indicating when. Director Weatherford stressed that it says in accordance with agreement dated April 1, 2003; and was noted that it should have been April 2000. City Manager Kent Myers stated that French-Harris Architects completed the design work for the Bath Street crossing project. However, this scope of work was not included in their original contract. Assistant Mayor Wheeler then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Newell, Weatherford, Edwards, and Wheeler, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the resolution was declared adopted. 16 Proposed Resolution No. R-03-90 A resolution entitled, “A RESOLUTION APPROVING CHANGE ORDER NO. 6 AND CHANGE ORDER NO. 7 WITH COAKLEY CONSTRUCTION FOR 2002-6 WATER MAIN IMPROVEMENTS PROJECT,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Newell, that the resolution be adopted as read. Board of Directors Meeting 17 April 7, 2003 at 7:00 P.M.  Upon discussion, Mr. Don Cochran advised that this is the City’s annual water main replacement project where the existing two -inch lines are replaced with six-inch mains. He stated that the original contract was developed with the City crews switching over the water services from the old main to the new six-inch main. About this same timeframe, the Utilities Department received a request from the Fire Department to assist them with improving their ISO rating. They requested extension of six-inch water mains to accommodate new fire hydrants. He advised that the City also installed over 17 new fire hydrants, which was beneficial to the City’s receiving the upgrade from an ISO rating of a IV to a II. The City crews were taken off the project and used elsewhere, and it made sense at that time to do a Change Order to the contractor’s contract allowing him to change the services over since he was already on site. Director Weatherford mentioned there is Change Order No. 6, but Change Order No. 7 appears to be a bill. He questioned if there was a Change Order for that, and Mr. Cochran advised that Change Order No. 7 is the final payment and Change Order. Director Weatherford pointed out that Change Order No. 6 was sent in January, and all of the other work was done. He asked if there was anything in writing that the City said to proceed with doing this. Mr. Cochran advised this was done during the construction, and the City gave the contractor approval to proceed with the work while he was on site. He stated that staff brought the Change Orders to the Board after the fact. He added there are situations where City staff brings Change Orders to the Board before the work actually takes place. He explained that during the middle of a construction project when the contractor is on site, it is a judgment call on his part or the Utilities Engineer’s part to proceed and tell the contractor to move forward rather than stop the construction in the process and wait two weeks to bring it to the Board. He stated there will be situations where staff has to bring it to the Board after the fact, which is a management call. City Manager Kent Myers pointed out the re is project with AFCO Steel where work has already been done. Rather than delay AFCO, management decision was to proceed; and the City is dealing with a reputable company as it is with Coakley. Therefore, decisions are made by management that as long as the work is documented and everything is order, that the Board will approve this. Also, much of this is at unit pricing; and the pricing has already been established. Assistant Wheeler then called for a vote on the motion to adopt; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. Board of Directors Meeting 18 April 7, 2003 at 7:00 P.M.  PUBLIC HEARING 27 Public Hearing on Request to Vacate a Portion of Clara Street This being the date and time set on the request to vacate a portion of Clara Street, Assistant Mayor Wheeler declared the public hearing open. There being no comments, the public hearing was declared closed. 28 Public Hearing on Request to Vacate a Portion of Palm Street and an Alley in DJ Smith Subdivision This being the date and time set for a public hearing on the request to vacate a portion of Palm Street and an alley in DJ Smith Subdivision, Assistant Mayor Wheeler declared the public hearing open. There being no comments, the public hearing was declared closed. NEW BUSINESS 29 Proposed Ordinance No. O-03-34 An ordinance entitled, “AN ORDINANCE VACATING A PORTION OF CLARA STREET,” was taken from the agenda for consideration. A motion was made by Director Weatherford, 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 Board of Directors Meeting 19 April 7, 2003 at 7:00 P.M. Weatherford, duly seconded by Director Jones, that the ordinance be passed as read; and upon voice vote, the motion unanimously carried. Whe reupon the ordinance was declared passed. 30 Proposed Ordinance No. O-03-35 An ordinance entitled, “AN ORDINANCE VACATING A PORTION OF PALM STREET AND AN ALLEY IN DJ SMITH SUBDIVISION,” was taken from the agenda for consideration. A motion was made by Director Jones, 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 Weatherford, duly seconded by Director Edwards, that the ordinance be passed as read; and upon voice vote, the motion unanimously carried. Where upon the ordinance was declared passed. 31 Presentation of 2002 Audited Sewer Financial Statements Ms. Laury Fiorello, Accounting Supervisor with the Finance Department, presented the 2002 Sewer Report that was audited and previously presented to the Board. She stated that all of the details and findings of the report are found in the report. She noted that overall the Sewer Fund is doing well, and there was an increase in net asset value by $141,000 for 2002. A motion was made by Director Edwards, duly seconded by Director Jones, that the report be accepted; and upon voice vote, the motion unanimously carried. 31A Proposed Ordinance No. O-03-36 An ordinance entitled, “AN ORDINANCE AMENDING SECTION 62 (SIGHTSEEING VEHICLE OPERATIONS LOCATIONS) OF THE TRANSPORTATION CODE (ORDINANCE NO. 4571),” was taken from the agenda for consideration. 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, Board of Directors Meeting 20 April 7, 2003 at 7:00 P.M. 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 Weatherford, that the ordinance be passed as read; and upon voice vote, the motion unanimously carried. Whereupon the ordinance was declared passed. 31B Proposed Ordinance No. O-03-37 An ordinance entitled, “AN ORDINANCE REPEALING CERTAIN ORDINANCES; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. (Ordinances pertaining to the Zoning Code) A motion was made by Director Jones, 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 Weatherford, that the ordinance be passed as read; and upon voice vote, the motion unanimously carried. Whereupon the ordinance was declared passed. 31C Proposed Ordinance No. O-03-38 An ordinance entitled, “AN ORDINANCE REPEALING ORDINANCE NO. 5027 AND ESTABLISHING THE AMOUNT OF FUNDS WHICH MAY BE MAINTAINED IN PETTY CASH,” was taken from the agenda for consideration. A motion was made by Director Newell, 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 Weatherford, duly seconded by Director Edwards, that the ordinance be passed as read; and upon voice vote, the motion unanimously carried. Whereupon the ordinance was declared passed. 31D Proposed Ordinance No. O-03-39 Board of Directors Meeting 21 April 7, 2003 at 7:00 P.M.  An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PROCUREMENT OF A PAINTING (“ASCENSION” BY BENINI); AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Newell, 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. Upon discussion, City Manager Kent Myers explained this a recommende d purchase by the Arts Advisory Committee. The committee recognized that it had overlooked an artist who was responsible for starting the arts in the community and has recommended that proceeding with acquisition of the Benini piece for the Hot Springs Civic and Convention Center. He advised that this piece of art has been on display at the Hot Springs Civic and Convention Center since the facility has been opened. However, it has been on a loan basis and was never acquired. The artist (Benini) at that time was asking $40,000 for the painting. Over the last year, the committee members and Mr. Steve Arrison, Executive Director of the Advertising and Promotion Commission, have talked to Benini; and the price has been reduced to $23,500. He acknowledged that two members of the Arts Advisory Committee are present: Mr. Davis Tillman, Willie Gilbert, and Director Burt Newell. Director Maruthur mentioned that Benini is an international renowned artist and began the Gallery Walk. She said he personally brought several people to the community, who invested in the City. Also, he was behind the opening of several galleries. He was a catalyst for the poetry reading and many other art-related activities and the Documentary Film Festival. His wife, Lorraine, began ACT with Malinda-Herr Chambliss. She commented that he no longer paints roses so this is something that is no longer available. Director Edwards stated that Benini was the beginning of the art movement in the City. Assistant Mayor Wheeler then called for a vote on the motion to adopt; and upon voice vote, the motion unanimously carried. Whereupon the ordinance was declared passed. 31E Proposed Ordinance No. O-03-40 Board of Directors Meeting 22 April 7, 2003 at 7:00 P.M.  An ordinance entitled, “AN ORDINANCE APPROVING A LEASE/PURCHASE AGREEMENT WITH US BANK OF HOT SPRINGS FOR THE PROCUREMENT OF A STREET SWEEPER; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Jones, 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 Edwards, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, Director Newell expressed concern the City is creating future budget problems by purchasing items that cost $151,396 on time. He urged the Board to decide on items such as this, if they are really needed. Public Works Project Director Ron Kohler advised this is a street sweeper that also has a large vacuum hose to vacuum out the culvert pipes to clean the drainage systems and is used every day. Also, it is replacing one that is 17 years old. City Manager Kent Myers stated that the Street Department requested a large amount of capital this year that was cut out of the budget, but all of the street supervisors felt very strongly this was a critical piece of equipment. Assistant Mayor Wheeler then called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Newell voting “no.” Whereupon the ordinance was declared passed. 31F Proposed Ordinance No. O-03-41 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PROCUREMENT OF CERTAIN ISDN (SMART- TRUNK) TELECOMMUNICATIONS SERVICES FROM SBC (SOUTHWESTERN BELL TELEPHONE, L.P.),” was taken from the agenda for consideration. A motion was made by Director Maruthur, 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, Board of Directors Meeting 23 April 7, 2003 at 7:00 P.M. 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, Deputy City Manager Lance Hudnell explained that last year, the Board approved the new IP Office Telephone System from AVAYA. It has been serving three buildings; however, there have been some problems. He advised that the phones in City Hall have worked well, but it has been in regard to connectivity between the two buildings where the problems occurred. As a result of that, AVAYA has agreed to pull out the existing system and is going to provide a new Definity system, which is a more expensive, upgraded system than the one the City purchased. One of the problems the City has experienced is that this uses a T-1 “tie” line, which is 23 channels coming into the building. The City was trying to go with a “tie” line, which is $505 per month; but the problem with the “tie” line is that it does not have caller ID. The City did not have caller ID before; therefore, it was not a particular problem for inside the building. However, it is a problem for people who have call blocker, etc. on the other end of the line. That element alone was going to the more expensive SMART trunk ($1,354); but when the City changed to the Definity System, they have also identified that part of the problem is with the AVAYA System in the switching system at Southwestern Bell. They believe the SMART trunk will communicate better and will not have as much delay as the City has been having in the dial tones. Staff coupled that with the Caller ID and felt it was advantageous to proceed with the extra cost of $1,354 per month versus $504 per month. He pointed out that is still a savings of $900 a month over what the City was paying this time last year. There are additional savings that will possibly be in the future because this is an IP System and may ultimately be able to reduce another $300 a month line between City Hall and the Finance Department. Assistant Mayor Wheeler then called for a vote on the motion to adopt; and upon voice vote, the motion unanimously carried. Whereupon the ordinance was declared passed. OTHER BUSINESS 32 Board of Directors Items Director Jones announced that the John L. Webb Historic Committee has been referred to the National Register and passed the State. On April 26, from 1 p.m. to 3 p.m., there will be a neighborhood picnic to organize and form a board of directors for the Gateway Association. She invited The Sentinel-Record, all of the churches in the neighborhood, Transportation Depot, and Board of Directors Meeting 24 April 7, 2003 at 7:00 P.M. Darlene Garrett, coordinator of FOCUS Garland County. She stressed the importance that representatives of the Civic Center, Police Department, and City Manager attend. She mentioned this is a gateway through the Historic District between Malvern Avenue and Kirk Street. She stated that the signal light previously discussed can be used near the Civic Center in District 2. Director Edwards stressed there is a problem with littering; and if anyone is observed littering, people need to get the license number and call the Police Department. He also stated that a light is needed at Lakeland Drive and Central Avenue; and by next summer, there will be 1,200 more residents on Lakeland Drive due to the many condos being constructed. City Manager Kent Myers advised that the signal has been approved by the Arkansas State Highway Department; but at the present time, they do not have any funding for that light. They have indicated they will possibly have the funding available in 2004. Director Maruthur announced that on April 14, the downtown utilities improvements will begin. Also, she stated that she announced at the last meeting, that Paul Anthony Nagey is in need of funding to assist with his medical needs and for rehabilitation. There is an account set upT Tj in Board of Directors Meeting 25 April 7, 2003 at 7:00 P.M.  City Manager Kent Myers gave the following report: 1. There will be a major water project on Central Avenue; and the Board also approved that during the construction period for the next two months, there will be free parking at the downtown parking facility. Tomorrow, he will attend the Downtown Merchants’ Association meeting and will encourage them to do their own marketing program during the construction period. 2. The Board approved the Dr. Martin Luther King, Jr. Expressway landscaping project, which went out for bid several times and finally was under budget. He noted that no City funds will be used since this project was funded by the State government with a local match provided by donations. 3. The Board approved the selection of Regions Bank for City banking services, and other proposals we re received from Bank of America and U. S. Bank. 4. The Board approved the contract for appraisal services to Manzer and Associates for the widening of Higdon Ferry Road. The property will be appraised by the end of this year; and in 2004, the acquisition of the property can begin. Once the property is acquired and the utilities relocated, then the Highway Department will begin the work. 5. The Board approved a traffic study downtown, and Peters and Associates will be looking at Central Avenue around the Malco Theater. There will be a review of eliminating the turn lane at Ouachita and allowing parking. Also, changing the traffic configuration behind the Belle Arti to allow some additional parking on Broadway will be considered. That project will be partially funded by the City and CBID. That report will be presented to the Board in the next several months for consideration. 6. He is in the process of organizing Board tours in each District, and District 1 is scheduled for May. He will contact the Directors of each district to coordinate the dates. 7. On Friday, the City received the final results of the citizens’ survey. These will be summarized in the newspaper in the next few days. Additional copies have been ordered, and he encouraged the Board to review the document because it indicates the results of the survey of approximately 400 adult residents of the City. The survey will be available on the City’s website within the next couple of days, and additional copies will be available in his office. The four key Board of Directors Meeting 26 April 7, 2003 at 7:00 P.M. findings mentioned in the report are (1) Selected City services - garbage, fire, water and sewer, and animal control were all rated on the high spectrum of the rating scale [four or five on a five- point scale]; (2) Police Department services were rated highly by a majority of respondents [70 percent]; (3) 56 percent indicated support for the potential tax increase to fund a community park [Humphrey’s Dairy Park]; and (4) 49 percent of the survey respondents rated the services of the Parks and Recreation Department a four or five on a five-point scale. Director Edwards advised that he has received calls regarding a Neighborhood Watch Program, and City Manager Kent Myers advised that the program is available through the Police Department. Vicky Flynt is the coordinator of that program, and she has between 25 and 30 active groups that meet on a monthly basis. He explained that usually it takes an individual to sponsor a meeting in their home, and she makes a pre sentation to the residents. 34 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:20 p.m., to meet again on Monday, April 21, 2003, at 7 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 27 April 7, 2003 at 7:00 P.M.