Board of Directors

MINUTES BOARD OF DIRECTORS MEETING JULY 7, 2003, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, July 7, 2003, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Drew Terry, and Pledge of Allegiance to the Flag was led by Mayor Bush. Mayor Bush called the meeting to order at 7:00 p.m. 1 Roll Call Roll call was as follows: Present: Directors Peggy Maruthur, Elaine Jones, Burt Newell, Carroll Weatherford, Bill Edwards, Bob Wheeler, and Mike Bush, total 7. 2 Approval of Agenda A motion was made by Director Weatherford, duly seconded by Director Jones, that the agenda be approved. Upon discussion, City Manager Kent Myers recommended removing Item No. 19 (Proposed Resolution No. R-03-172 Approving the Reimbursement to Second Baptist Church for Relocation and Upsizing of a Sewer Lift Station [Highway 70 East] from the agenda since staff is continuing discussion with representatives from Second Baptist Church and is meeting with them tomorrow. Also, in regard to Item No. 28 (Proposed Ordinance No. O-03-62 Adopting a Water and Wastewater Engineering and Construction Standards and Specifications Code), the City received comments and questions last week and today; and staff attempted to work through the concerns this afternoon. Therefore, staff is recommending this be tabled for two weeks. He advised that the City will receive comments through next Monday at noon at which time the comment period will be closed. Mayor Bush then called for a vote on the motion to approve the agenda with the above- mentioned changes and upon voice vote, the motion carried, with Director Weatherford voting Ano:@ 3 Approval of Minutes of June 16, 2003 Board Meeting A motion was made by Director Wheeler, duly seconded by Director Edwards, that the minutes of the June 16, 2003 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Mr. Dan Bugg, Animal Services Department, presented an award to Ms. Luba Cook, coordinator of the Hot Springs Pet Therapy Program, who stated they visit local nursing and retirement homes and First Step Adult Division. Anyone interested in visiting with a volunteer may contact Mr. Bugg at 262-2091. She expressed appreciation to all those involved in the Pet Therapy Program. Mr. Bugg also presented Mr. Robert Cardwell, pet therapy volunteer of the year, with an award. Mayor Bush recognized Ms. Cecilia Dyer, Assistant City Attorney, who has been with the City since February 2003. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (June 20, 2003). 6 Proposed Resolution No. R-03-162 Approving Certain Bid Awards (a) Utility Materials- Utilities [awarded to L. R. Winwater in the amount of $10,376.23]; (b) Filters - Fleet Service [annual supply contract awarded to Quality Petroleum]; (c) Patrol Vehicle Equipment - Police Department [annual supply contract awarded to Cruse Uniform and Equipment]; (d) Carbon - Utilities [annual supply contract awarded to Southwest Chemical Services]; (e) Backhoe - Utilities [awarded to Warrior of Arkansas in the amount of $49,500]; (f) Basketball Floor - Hot Springs Civic and Convention Center [awarded to Robbins Sports Surfaces {Alternate No. 1} in the amount of $84,140]; and (g) Cold Mix Asphalt - Public Works [annual supply contract awarded to Roger=s Group, Inc. in the amount of $33.50 per ton]. 7 Proposed Resolution No. R-03-163 Authorizing the Filing of a Grant Application with the State Aeronautics Department for Reimbursement of Funds in Preparation and Submission of Application for the Air 21 Grant. 8 Proposed Resolution No. R-03-164 Authorizing the Filing of a Grant Application with the U. S. Department of Transportation and the State Aeronautics Department for a Community Air Service Development Pilot Program Grant; Appropriating Funds; and for Other Purposes. 9 Proposed Resolution No. R-03-165 Amending Resolution No. 3085 (Approving Certain Revisions to Municipal Airport Property Management Policies) by Adopting a New Appendix A. 10 Proposed Resolution No. R-03-166 Authorizing the Filing of a Grant Application with the Federal Transit Administration, United States Department of Transportation, for Federal Transportation Assistance Authorized by 49 U.S.C. Chapter 53, Title 23 United States Code, and Other Federal Statutes Administered by the Federal Transit Administration. 11 Proposed Resolution No. R-03-167 Authorizing the Filing of a Grant Application with the Arkansas Historic Preservation Program for the Completion of the Central Avenue Resurvey; Updating of Historic District Commission=s Design Guidelines; and Staff Training. 12 Proposed Resolution No. R-03-168 Recommending that Any Roadway Improvement Project Alternatives within the Highway 70 East Corridor Include the Retention of Two-Way Frontage Roads and Improvements to Access Ramp. 13 Proposed Resolution No. R-03-169 Authorizing the Filing of a Grant Application with the Department of Justice Pursuant to the Bureau of Justice Assistance, Bulletproof Vest Partnership Program. 14 Proposed Resolution No. R-03-170 Authorizing an Agreement between the City of Hot Springs, Arkansas, and the Arkansas State Highway and Transportation Department for Relocation of a Water Line Located at the Mazarn Creek Bridge. Board of Directors Meeting 3 July 7, 2003 at 7:00 P.M. 15 Proposed Resolution No. R-03-141 Approving the Extension of the Period for the Arkansas Firefighters= Deferred Retirement Option Plan. (Tabled on June 16, 2003) A motion was made by Director Wheeler, duly seconded by Director Maruthur, that the Consent Agenda be approved; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. OLD BUSINESS 16 Discussion Regarding Installation of a Signal Light at Bath and Central A motion was made by Director Jones, duly seconded by Director Newell, to consider the installation of the signal light at Bath and Central. Upon discussion, Mr. Richard Wootton, president of the Buckstaff Bathhouse Company, accompanied by the board of directors, commented that the Buckstaff Bathhouse takes no position on whether or not there should be a signal light at Bath and Central. However, they are requesting that the existing pedestrian crosswalk be maintained. He stated that the removal of the crosswalk would be detrimental to the bathing business. He added that the Board received a brochure outlining the Buckstaff=s position, a map, a petition with 1,252 signatures requesting the retention of the crosswalk, a letter from Mr. Roger Giddings, superintendent of the National Park Service, requesting that the crosswalk be retained, and other data. He stated that many people and organizations are working for the revival, retention, and opening of the bathhouses; and removal of the crosswalk would be detrimental to that project. City Manager Kent Myers pointed out that one of the options for consideration, in addition to keeping the crossing, is enhancing the crossing by adding brick pavers and ADA ramps. He questioned if his company had any objections, and Mr. Wootton replied they did not and would cooperate with the City in that effort. Director Edwards questioned if they are interested in the installation of the signal light; and Mr. Wootton replied if the City decides to install a signal light, they have no objections and will support it. Director Edwards asked if his company plans to contribute funds for a crosswalk if it is bricked, and Mr. Wootton advised that request has not been made. However, if that becomes a matter in connection with the crosswalk, they would be glad to cooperate. Board of Directors Meeting 4 July 7, 2003 at 7:00 P.M.  Mr. Jack Quaglino stated he has two businesses downtown and does not want to speak against the crosswalk. However, he does oppose the signal because he has observed cars go through the signal at Exchange Street, both directions. He suggested a raised crosswalk, which would be well marked. He noted that in other cities, prior to approaching the crosswalk, 150 or 200 feet on the pavement, there is a pedestrian marking on the north and south lane to alert individuals there is a crosswalk. Mr. Mike Branch stressed the importance of maintaining a crosswalk in that location in order to provide access from either side of the street. He pointed out the safety issue of the crosswalk and noted there are only two crosswalks downtown between the Arlington Hotel and Court Street. Mr. Mark Fleischner said he does not oppose the crosswalk but is opposed to the traffic signal. He added that he supported the idea of installing brick pavers and possibly changing the contour of the pavement. He requested that the Board not approve the traffic signal. Mr. Steve Smith pointed out there are two crosswalks close to each other with lights, which are much safer. He said that he supported those who have spoken against the light but in support of the crosswalk. Director Maruthur reported she spoke to the architect today, and there is a continual problem with motorists making a turn on Bath Street because it appears to be a street. She advised that the top cost for ornamental iron railing would be $2,400, which according to the architect would be on the high side and could probably get it for less. She also recommended directional signage for the pedestrian walkway. She added that on one side of the iron railing, there could be a sign that could only be seen from the walkway, which would show pedestrians where to cross the street, as well as information regarding the location of the parking facility. She stated that three historic frames would cost $50 each, and the directional signage could be done in-house. She mentioned if the City gets slip-free, texturized pavers, it would cost no more than regular pavers; and they are available. She noted there has been an increase of vehicular traffic but not pedestrian traffic. There are 29,000 vehicles traveled there daily; and out of that, there are 100 pedestrians coming at four different intervals during the peak hours. A motion was made by Director Maruthur, duly seconded by Director Newell, to accept Option No. 3 (delete traffic signal but add enhanced crossing with ADA ramps and brick pavers) and to also include the ornamental iron railing, directional signage, the nonskid pavers, and the frames necessary to frame the signage in keeping with the historic theme of downtown. Board of Directors Meeting 5 July 7, 2003 at 7:00 P.M.  Upon discussion, City Manager Kent Myers spoke in support of the motion stating that staff believes the crossing can be enhanced; and included in the packet is a drawing of the brick pavers, which have already been designed by David French, architect, and approved by the Arkansas State Highway and Transportation Department. However, the ornamental iron railing has not been discussed. He advised that when staff previously met with the Downtown Merchants, Mr. Ken Wheatley suggested installation of bollards at that location; and the City has ordered the bollards to install along Central Avenue to prevent vehicles from turning in the area. Public Works Director Ron Kohler explained that bollards are approximately four feet tall and approximately one foot in diameter and anchor into the pavement. Director Maruthur said she was going to recommend a passive form of security if the City is going in that direction. She also suggested connecting the bollards with the rails. City Manager Kent Myers advised there were problems with cars turning in there when it was first opened, and it was a critical situation that the City needed to proceed with the bollards. He suggested seeing how those work; and then if the Board wants to put in the railings later on, that can be done. He recommended approving the brick pavers and crossing tonight and get the bollards installed next week. If the Board then wants to do something else at that point, then it can put be placed back on the agenda. Director Maruthur asked if there would be directional signage on the bollards, and City Manager Kent Myers advised it will not be on the bollards but around in the area. Director Edwards questioned the distance between the bollards, and Public Works Director Ron Kohler advised they are approximately four or five feet apart. There will be four or five across the front on Central and a couple on Exchange Street. Director Maruthur said that is why she suggested connecting the bollards with the rails, which would prohibit anyone from turning into Bath Street. Director Wheeler stated if this option does not work, then the City can take a different direction but discouraged continually adding costs until it is known if this will work. If it does not, then he said the City can take a different approach. Director Maruthur then withdrew her motion and Director Newell his second. A motion was then made by Director Newell, duly seconded by Director Maruthur, to accept Option No. 3 (delete traffic signal but add enhanced crossing with ADA ramps and brick pavers). Board of Directors Meeting 6 July 7, 2003 at 7:00 P.M.  Upon discussion, Director Weatherford questioned if installing the crosswalk and connecting to the National Park Service curb had been approved by the National Park Service. Mr. Roger Giddings, superintendent of the National Park Service, replied this is a highway and is not any of National Park=s concern. He added that once the City touches the curb, then that is into the Park. City Manager Kent Myers explained this will require cutting the curb and installing ADA ramps on the National Park side. He added these are brick pavers across Central Avenue with the additional ADA ramps to tie into the brick pavers. The width of the crossing would be 25 feet and would connect by the tree. This would relocate the current crossing about five or ten feet and require the City to cut the National Park=s curb on their side of the street. He pointed out that Director Weatherford=s question is if the National Park Service approves that concept. Mr. Giddings asked if there would be two curb cuts since there is already one there, and Director Weatherford explained that it has to be cut again. Mr. Giddings questioned the need for two curb cuts; and Mr. Ricco Harris, architect, explained that at the present time, the existing crosswalk curb cut is offset from Bath Street. The width of the crosswalk is approximately 24 feet, which is the width of the original Bath Street. Also, there is a magnolia tree dead center of Bath Street; and the plans are to put a curb cut on either side of that tree. City Manager Kent Myers commented that the City had met with Mr. Giddings on several occasions showing him where the cuts were. Mr. Giddings stated that the stipulations were that the concrete would exactly match what is there. Regarding ADA ramps, he said there is already an ADA ramp with the existing curb cut. Therefore, he assumed the City would come back with something similar to that; however, the main issue is to match the existing concrete. He also pointed out there are many utilities in the ground, and Mr. Harris advised that all of the utilities have been located. City Manager Kent Myers questioned if the National Park Service would approve this if the City worked around the utilities and matched the concrete, and Mr. Giddings replied that he did not know why it would not. However, there is some paperwork to be done. Mr. Harris said he could resubmit the same drawings that were submitted previously, and City Manager Kent Myers pointed out that those drawings have been submitted several times. Mr. Giddings said there still needs to be some fine adjustments; but if the City is not going to install the light, then there is no problem. He added that they have to agree with the National Historic Preservation Act and right-of-way permit; but he believes the National Park Service can do that. Board of Directors Meeting 7 July 7, 2003 at 7:00 P.M.  Director Weatherford questioned the City=s position as far as funding, and City Manager Kent Myers advised that Option 3, which is the motion on the table, will require the Board to appropriate an additional $35,253; but some of the money is already appropriated. Deputy City Manager Lance Hudnell advised that assuming the City will keep the T-21 Grant of $75,000, which would pay for these improvements being discussed and instead of using it for the signal, it would be used for these improvements. He also advised that the City has to pay off the contractor since the City will be terminating the contract, and it would require an additional $35,253 in addition to the money that is currently budgeted. He stated that staff will present various budget transfers and appropriations at the next Board Meeting to accomplish the intent based on which option the Board selects tonight. Regarding the equipment that has been delivered and the City has purchased, City Manager Kent Myers advised that staff is proposing reusing that at the intersection of Laurel Street and Convention Boulevard. He added it was proposed as part of the Civic Center project by the traffic consultant. Mayor Bush then called for a vote on the motion to proceed with Option 3; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. PUBLIC HEARING 17 Public Hearing on the Renaming of a Portion of Clara Street as Wise Street Mayor Bush declared the public hearing open on the renaming of a portion of Clara Street as Wise Street. There being no comments, Mayor Bush declared the public hearing closed. NEW BUSINESS Board of Directors Meeting 8 July 7, 2003 at 7:00 P.M. 18 Proposed Resolution No. R-03-171 A resolution entitled, AA RESOLUTION RENAMING A PORTION OF CLARA STREET AS WISE STREET,@ 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; and upon roll call, the following voted Aaye@: 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-03-172 Approving the Reimbursement to Second Baptist Church for Relocation and Upsizing of a Sewer Lift Station (Highway 70 East) (Removed from the Agenda) 20 Proposed Resolution No. R-03-173 A resolution entitled, AA RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE CBID III TRAFFIC STUDY (PROJECT NO. P-854),@ was taken from the agenda and read by title only. A motion was made by Director Wheeler, duly seconded by Director Newell, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers advised that staff is not requesting the Board grant final approval of the recommendations but to indicate support of the basic concepts included in the traffic study. If the Board supports this from a conceptual standpoint, staff will prepare detailed cost estimates and who will pay for them. Currently, the City does not have any funds in the budget nor does CBID. Those estimates will be submitted to the Board and at that point consider final approval of the traffic improvements. Also, almost all of the traffic improvements included will require Arkansas State Highway Department approval. Mr. Ray Owen, Jr., attorney, advised that CBID No. 3 begins at Prospect to Market and includes both sides of the street, as well as a part of Ouachita Avenue. The idea was to find out how it would affect the traffic flow in the area if this were to be treated as a two-lane street rather than the three lanes as it is in some places. A traffic consultant was hired to determine the effect of additional parking and to see how it affected the traffic flow. The plans are to install historic lights about every Board of Directors Meeting 9 July 7, 2003 at 7:00 P.M. 50 feet and a tree every 50 feet, which means that every 25 feet there will be a tree or a lamp post, which will prevent the 18-wheelers from parking on the sidewalk in front of World Cargo. The idea was to provide more parking downtown and see what the effect would be on two-lane traffic. He stated that the Board is being asked to consider the concept and make any changes. The Board will have another opportunity to review this before final approval. He noted that this concept includes the two-lane traffic and a roundabout and will eliminate either one, two or three traffic signals in the downtown area. Mr. Greg Simmons, with Peters and Associates, traffic consultant hired by the City and CBID No. 3, advised that the study area extended from Court/Reserve south to the Ouachita/Market/Central intersection. He said there are approximately nine intersections in the area where they conducted traffic counts, which were made on an average weekday and weekend when there was an event at the Civic Center, as well as on the Gallery Walk night. They took the highest volume for each movement in the intersection regardless of the time period and used that in their analysis. After they made the traffic counts, they measured the existing traffic condition and then measured the conditions of the traffic with the proposed recommendations. They looked at the function of Bridge Street between Malvern and Central; they also assessed the on-street parking configuration along Malvern between Bridge and Spring and the feasibility of increasing the parking availability on that section of Malvern. They looked at what happens to the traffic flow if they take parking and put it back on Central between Reserve, Court and Ouachita where there are now two lanes northbound and two lanes southbound, reduce it to one lane in each direction, and provide extra parking and loading zones along that section of Central. They conducted an analysis of existing traffic conditions and then looked at the proposed conditions and several alternatives. He said their recommendations are as follows: (1) on Malvern between Spring and Bridge (the west side), changing the parallel parking to angle parking and gain some parking spaces; (2) add parking on Central from Prospect to Ouachita, which will add approximately 33 parking spaces along Central; (3) the reconfiguration of the Market/Ouachita/Central intersection to a roundabout. He explained that a roundabout allows traffic entering into the intersection to make a right turn as they come to the roundabout, and traffic circulates in a counter-clockwise direction. If motorists are coming south on Central and want to go on Market Street, they would enter the roundabout, go around a circle, and make a right turn out. He explained that it is all right turns into and out of the traffic circle. He said this reduces the conflict points remarkably. He noted that it is a good traffic calming and control device, but it serves as a gateway to this end of Central. He pointed out that the Confederate Memorial is in the traffic circle, and they are still making fine adjustments on this design to totally enclose the island where the memorial is located; and (4) recommending removal of the signal at Bridge Street and Central. When it is removed, they recommend raised crosswalk pavement. They also recommend the removal of the two signals at Ouachita and Market. The first signal that motorists would see coming northbound along Central would be at Spring Street. He stated that Board of Directors Meeting 10 July 7, 2003 at 7:00 P.M. Bridge Street is now four lanes and would be adding parking on Bridge Street, which would be one lane in either direction. He said they are actually making the sidewalks wider in places along Central Avenue so that it reduces the distance pedestrians will have to cross. Director Edwards questioned if there will be a loading zone for the businesses between Spring and Bridge that get their deliveries from Malvern Avenue, and Mr. Simmons advised that they have recommended some loading zones be placed on Central. Mayor Bush asked how many parking places will be added on Bridge Street, and Mr. Simmons replied there will be eight (four on each side). Director Maruthur said she has been attending the CBID No. 3 meetings and questioned the use of passive security to protect pedestrians as they are approaching the corner of Central and Bridge. She pointed out there is an inlet and a pole at that location, which is a safety issue. Mr. Simmons replied that they have not designed it, and this is conceptual at this point; but it can be incorporated. He added if there are pedestrian hazards that exist, those will be addressed before the design is done. Mayor Bush how many parking spaces will be taken away for the roundabout, and Mr. Simmons replied there will not be any parking around the roundabout; but there will be between five and eight parking spaces eliminated. Mr. David French, French-Harris Architects, explained that from Prospect over to Ouachita is a turning lane for Ouachita; and the traffic on Ouachita constantly moves so motorists turning on Ouachita from Central should not have to stop on Central. He said the other issue is the loading zone, and there was no loading on Central from Prospect to the parking lot, as well as Gallery Central and just around the corner. The idea is to designate certain loading zones for those people in front of the parking lot across from the Belle Arti Restaurant. At night, those would become additional parking spaces. He stressed that the impetus to place parking back on the streets is to slow traffic, make the pedestrians feel more comfortable walking along the sidewalk, enhance the area, and create areas for loading and unloading on the west side of Central Avenue. Mr. Rico Harris, with French-Harris Architects, emphasized this is a conceptual plan; and none of the details have been worked out where crosswalks will be installed and the configuration of the roundabout. He added that at the eight or nine intersections where they conducted traffic counts, they also did pedestrian counts. He mentioned that each intersection receives a grade; and when they did the new grading for each intersection, none of the grades decreased, which means there is no Board of Directors Meeting 11 July 7, 2003 at 7:00 P.M. sacrificing of efficiency at any intersection except a left turn onto Central off Bridge Street. Mr. Simmons added that it is still an acceptable level of service. Regarding Director Maruthur=s concern at the corner of Bridge and Central, Mr. Harris said that the idea of installing bollards at that location is a good one. He pointed out that in the block of Central before Bridge Street, northbound traffic is an acceleration lane, which is hazardous; but these improvements will slow down the traffic. Mayor Bush pointed out that Bridge Street does not hold but four or five cars; and if it is slowed down, traffic will be backed up around the corner if there is one lane either way instead of two lanes. Mr. Simmons advised that when they measured the capacity and the way the street operates now with the existing lanes and then measured it after they constricted the lanes, there are still acceptable levels of service. He pointed out with the roundabout at the south end, this will create gaps in the traffic that are not there at the present time. Instead of traffic coming out and crossing two lanes to turn left onto Central, they will have to cross only one lane; but they will not have a light. He pointed out there are other opportunities to get onto Central from Malvern by coming down Spring Street and turning left. There will be signalized access at that point, or motorists can get on at Market through the roundabout. Ms. Priscilla Davis, 242 Oakdale Terrace, a member of the Hot Springs Chapter of the United Daughters of the Confederacy, spoke against the roundabout and the negative impact it will have on their property. She stated the portion of their property at the intersection of Ouachita and Market, according to the June 16 drawing from the architects, would be cut off. She said that the property in question is private property owned by their chapter and owned by the UDC National. She commented this is a memorial park, and they have spent time and money in getting this landscaped. She said that while they are pleased with some of the aspects of this proposal, they do not want their property to be adversely affected; and some of their objections are (1) the property is on the Historical Register; (2) there is a marker that by federal law cannot be moved or tampered with; (3) the existing sprinkler system extends in part of the property that would be cut off, and flag poles extend in part of the property that would be cut off; (4) they must have access to their property in order to have private use, memorial ceremonies, maintenance of the property, and to get a cherry picker close to the flag poles to change out the flags; and (5) they have placed brick work around the monument in the design of the Arkansas Flag and do not want this disturbed. She said the drawings show sidewalks entering and exiting their property, which is not intended as a cut-thru for foot traffic. She asked that the Board vote against this proposal as presented and asked to be included in any further revised plans and that their property be left intact on any future drawings. Board of Directors Meeting 12 July 7, 2003 at 7:00 P.M.  Mr. Leon Davis, 242 Oakdale Terrace, commented that the roundabout is to facilitate vehicle movement, not to impede the flow of traffic. He said in the drawing of the roundabout, there are six pedestrian crosswalks; and according to Arkansas Statute '27-51-1204, drivers of vehicles shall yield to pedestrians at any marked crosswalk or any unmarked crosswalk if it is at an intersection. If the pedestrian crosses at any other place, the pedestrian shall yield to vehicle traffic. He said that pedestrian traffic can wreak havoc on the flow or intended flow of traffic at this tri-street junction. He also suggested that the Board delay any action until the bypass is completed. Mr. Davis Tillman, 118 Central Avenue, chairman of the CBID No. 3, pointed out this would add additional parking in the downtown area and increase the walking traffic. Also, it would prevent speeding in that part of the district and through the roundabout creating a steady flow of traffic. He stated the crosswalks being proposed in the traffic study would make the pedestrians more visible to the traffic and also make ADA patrons higher so they can see the oncoming traffic, as well as the traffic seeing them. He said that he believes the roundabout would add a new gateway to downtown and enhance the Confederate monument. He stressed that this is only a plan. Mr. Robert Freeman, 201 Brentwood, mentioned that the Confederate Monument is between Ouachita, Market, and Central and questioned why a roundabout would be installed that would block the main artery of the City. He pointed out if people from the Majestic Hotel and Arlington Hotel wish to go to the race track, they will come down Central Avenue; and when they approach Market, part of Central will be one-way going the opposite direction. He said a turnabout would divert the main flow of traffic and divert it east and west on Market Street. He commented that no truck would be able to make a turn. He stated that the plans show that Central will have a section that is one-way going the opposite direction of southern traffic flow. He stressed that he objected to this plan. Mr. Steve Westerfield stated that the UDC is not stating unalterable opposition to any change in traffic flow. He commented there are three drawings proposed, and two take a corner off the present memorial park, add areas outside the park; and one does not disturb any of the park. One of the plans does not require any of the flag poles to be removed. He mentioned that none of the proposals explain how the electrical and water service will be paid for when it is redone. He added if the configuration is changed from a triangle to a circle, it will require additional expense in landscaping, and that detail has not been worked out. He stated the UDC is requesting that the Board delay consideration of this until more of the details are finalized. Mr. Don Dukes asked that the Board consider not making a decision until all of the facts have been presented. Board of Directors Meeting 13 July 7, 2003 at 7:00 P.M.  Ms. Dishough Scavo, 718 Central, expressed concern with the removal of the light at Bridge and Central. She questioned why the traffic circle has become part of the improvements and considers it two separate issues and asked that it be considered. Mr. Mark Fleischner said he does not oppose this, but the restriction of traffic concerns him. He stated that he owns property in the area, and the parking lot he owns has become a pass- thru for traffic when motorists do not want to use Bridge Street. He suggested having one-way traffic going south on Central Avenue and routing the other one-way traffic onto Market Street; coming up Broadway; back onto Convention Boulevard; back to Broadway behind the Bathhouse Show; and then back up Central as motorists cross onto Spring Street. He recommended more of a public forum for the meetings so that those who are concerned will be able to see what is being planned. Director Maruthur stressed this is a conceptual plan, and she will do her best to make sure everyone will be able to participate. She said all of the property owners and people involved downtown will be notified of any public hearings. Director Weatherford commented there are no controlled left turns onto Central from Spring to Orange Street. Mr. Simmons explained that Spring Street is the first signalized intersection going north on Central from Grand. Director Weatherford pointed out motorists on Malvern/Broadway/Convention cannot get over to Central and go south unless they go down to Spring or go back to Broadway and to Grand. Mr. Simmons replied that is correct at a signalized intersection. He added motorists can turn left at Bridge and Central, but there is no traffic signal. Mr. French commented that on Market, motorists can get on the roundabout. Director Weatherford said motorists can come up Market and get on the roundabout but then have to cross all the traffic that is coming off Ouachita and going onto Market. He stated if motorists come off Market and want to go back to Central, they have to go around the roundabout. However, if they come down Ouachita, they have to turn on Market and do the roundabout to get back on Central north. Mr. Simmons replied that if motorists are on Market and want to go south on Central, that is correct. Director Weatherford asked if the traffic circle is two lanes, and Mr. Simmons advised that it is one lane. Board of Directors Meeting 14 July 7, 2003 at 7:00 P.M.  Director Weatherford expressed concern that motorists are coming off Ouachita onto Market trying to go left, go down Central and then coming up Ouachita, and doing the roundabout and trying to get on Central. He pointed out that the traffic is crisscrossing to go one way or the other. He added that when motorists come down Ouachita, then motorists have to turn at Market; and if they want to go Highway 7 North, they have to cross when traffic is coming up Central going south. He said motorists have to do the roundabout and then have to get back if they want to go to Central. Mr. Simmons explained that all motorists have to get in the roundabout on any of the streets coming in. City Manager Kent Myers asked if motorists have to get in the roundabout if they are coming out Market and want to make a right- hand turn on Central, and Mr. Simmons advised they do not. Director Weatherford stated if motorists coming up Market want to go up Ouachita, they have to come up Market, get in the roundabout, go all the way around and come back up Ouachita, having to crisscross twice. Director Newell commented there is no crisscrossing because it is one lane. Mr. Simmons added there is no crisscrossing at all, and it is free moving. Director Maruthur stressed this concept is contingent upon approval by the Arkansas State Highway Department, a source of funding, and the approval of the property owners that would be directly involved. She stated that everyone will have an opportunity to participate in publicized meetings. Mr. David French said all they are looking at is just a concept; and in order for the Arkansas State Highway Department to look at these ideas and solutions, they need approval from the City that it is willing to look at this. Director Newell commented this is a plan that he believes has great vision; and if the Board does not approve this resolution, then it has not had an opportunity to work through some of the issues. Mayor Bush then called for a vote on the motion to adopt the resolution; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Newell, Edwards, and Bush, total 5. Voting Ano@: Directors Weatherford and Wheeler, total 2. Mayor Bush suggested that all of the interested parties meet and discuss this issue. Board of Directors Meeting 15 July 7, 2003 at 7:00 P.M. 21 Claim from Mr. Ted Berhenn in the Amount of $355 for Water Damages at 133 Greenwood A motion was made by Director Jones, duly seconded by Director Maruthur, that the claim be approved. Upon discussion, Mr. Ted Berhenn, owner of the property at 133 Greenwood, distributed photos of the area. He advised that the Code Compliance adopted the State Rules and Regulations; and he received a clarification from the State which says that in this area of the City, all plumbing should be 12 inches or lower, which protects against environmental and physical damage. Approximately ON March 14, he contacted the City to install a second water meter at a duplex located at 133 Greenwood; and the work was completed. He paid a licensed plumber to connect the meter to the duplex and paid $800 for that connection, which included some repair work. Three days after it was installed, he was notified there was a leak because someone had driven over the meter box. He said this was the first time he was aware it was not in compliance with State and local code, and the plumber explained that the meter was only several inches underground. He then contacted Code Compliance to verify the code, and they agreed that all plumbing is to be 12 inches deep, to which the State Inspector agreed. He said the City agreed it would bring the meter into compliance and was advised that the meter had to be relocated. He advised that his claim is for $355, which was $55 for the repair and $300 for the reconnect. Mr. Don Cochran, Director of Utilities, commented that the Plumbing Code mentioned by Mr. Berhenn applies to the household plumbing (State and City Plumbing Code) from the meter to the house and the plumbing inside the house but does not address the City=s utilities. He advised that the City=s utilities standards and specifications, which will be presented at the next Board Meeting, are the standards the City applies to the City=s utilities, not the Plumbing Code. The City installed the second meter in the existing meter box alongside the original meter. The problem he is having at the present time is with the tenants who live there driving over the top of the meter box. He said he explained that to Mr. Berhenn and advised him the problem would continue if the people continued driving over the meter box. He stated that the solution was to relocate the meter box away from the driveway to prevent people from driving over it. He advised that the relocation of the meter is usually an expense incurred by the property owner. He commented that, in good faith, the City did not charge Mr. Berhenn for relocating the meter but did not feel it was the City=s responsibility to pay for the connection to his household plumbing, which is $355. He said that staff denied his claim, and his recommendation to the Board is to deny the claim of $355. Board of Directors Meeting 16 July 7, 2003 at 7:00 P.M.  City Manager Kent Myers pointed out that the meter box is in a driving area where the tenants are likely to drive over it on a regular basis, and staff believes that the tenants did the damage to the meter box. The meter box had been at that level for 50 years, and the City installed the second meter at the same level as the first meter, which had never been a problem for 50 years. He said that staff feels the problem is the result of tenants who park there because they had no other place to park. Mr. Cochran reported that the staff checked with the mail carrier on that route and was told that he walks that route; therefore, he did not believe it was the postman who was driving over the meter box. Mayor Bush then called for a vote on the motion to approve the claim; and upon roll call, the following voted Ano@: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously failed. 22 Claim from Standard Fire Insurance Company in the Amount of $4,500 (for Damages to the Roy McGill Property Resulting from Sewer Backup at 150 Willman Square (originally $5,250). A motion was made by Director Wheeler, duly seconded by Director Maruthur, that the claim be approved from Standard Fire Insurance Company in the amount of $4,500 for damages to the Roy McGill property resulting from sewer backup at 150 Willman Square (originally $5,250). Upon discussion, Deputy City Manager Lance Hudnell reported that a notice was received today from the insurance company that the claim is actually now in the amount of $4,500, which is technically below the amount required by the Board to consider. However, it is staff=s recommendation that the claim of $4,500 be denied, which would result in an appeal to the Board. Staff spoke to the insurance company today, and they still wanted the Board to consider it. Mr. Don Cochran, Director of Utilities, advised that Mr. McGill=s original claim was in excess of $7,000. He contacted Mr. McGill over a month ago; and at that time, Mr. McGill told him his insurance company had settled with him; but he was still out $2,399. At that time, Mr. McGill explained to him he was a new property owner and was unaware that his grinder pump station was in need of a backflow preventor; although, the previous owner had a sewer backup several years before this occurrence. The City at that time paid his $2,399 claim. He advised that the insurance company is now asking for the money they had paid Mr. McGill. He said it is staff=s recommendation that the City not reimburse the insurance company because that is reason insurance companies are in business to pay claims such as these. Board of Directors Meeting 17 July 7, 2003 at 7:00 P.M.  Mayor Bush then called for a vote on the motion to approve the claim; and upon roll call, the following voted Ano@: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously failed. 23 Proposed Ordinance No. O-03-57 An ordinance entitled, AAN ORDINANCE REZONING TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY, TO INCLUDE APPROXIMATELY 6.09 ACRES LOCATED IN THE 100 BLOCK OF ABBOTT STREET, A PARCEL OF REAL PROPERTY ZONED R-2, SUBURBAN RESIDENTIAL,@ was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Mr. Michael Crawford spoke in support of the ordinance. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 24 Proposed Ordinance No. O-03-58 An ordinance entitled, AAN ORDINANCE TO REZONE TO C-TR, COMMERCIAL TRANSITIONAL, TO INCLUDE LOTS 4, 5, 6, 7, 8, 9, 10, AND 11 OF AMENDED SPARGO SUBDIVISION, LOCATED IN THE 100 BLOCK OF LAKESHORE DRIVE, A PARCEL OF REAL PROPERTY ZONED R-2, SUBURBAN RESIDENTIAL,@ was taken from the agenda for consideration. A motion was made by Director Wheeler, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Jones, duly seconded by Director Maruthur, that the ordinance be passed as read. Board of Directors Meeting 18 July 7, 2003 at 7:00 P.M.  Upon discussion, Mr. Len Randel, 304 Casa Linda, advised that he is requesting to move his business across the street. He said that he owns the buildings, but Garland County Fairgrounds owns the property and wants this for parking. Therefore, he is having to move. He added that his plans have been sent to the Planning Department, and the Planning Commission voted 6-0 to approve his request. Director Edwards asked if there was any opposition in the neighborhood, and Mr. Randel replied there have been a few people who reside on Trojan Terrace. He said he is not putting anything in front of anyone=s house or out to the side of anyone=s house or on anyone=s street. The traffic will come in on Paramount and make a swing and out Lakeshore Drive. He pointed out that no one should ever be on Trojan Terrace. Director Newell questioned the Bill of Assurance in the subdivision, and Mr. Randel explained that he had the property resurveyed; therefore, he is no longer in that subdivision. Mr. Jerry Raetz, Planning and Development Director, explained that the City=s Zoning Ordinance allows for the cessation of any parcel of platted property from the subdivision within its border that it is located in presently. Director Newell pointed out that it should not unless it has the approval of the other members. He asked if a property owner in a subdivision can come to the Planning Department with a survey and request to register it over the top of the old one, and Mr. Raetz replied that they could. Director Newell said he did not believe the City could do that; and Mr. Raetz explained that in the City=s ordinance, there is a paragraph that gives that provision, which is a provision used by two property owners of the subdivision. He added they came in with this new survey, and he asked that it be re- recorded at which time he signed the final plat for its recording. Director Newell said he thinks that exceeds the City=s authority. If there is an ordinance that has that provision, he urged that it be repealed because he believes it is in conflict with basic principles of contract and property law. City Attorney David White stated that it does not make any difference what the City does because the Bill of Assurance will control. He advised that the City can still zone the property, and where the conflict arises is the City=s zoning can be less restrictive than the Bill of Assurance. If that is the case, the Bill of Assurance will control. He stated that the Bill of Assurance cannot be amended to make it less restrictive than the City=s Zoning Code. He said that they cannot defeat the Bill of Assurance by saying they do not want to be a part of the subdivision. Board of Directors Meeting 19 July 7, 2003 at 7:00 P.M.  Mr. Raetz said he would have accepted the rezoning application to a C-TR, whether it was part of the original subdivision or not, and would have carried on the same discussion that was held at the public hearing. He advised it was during the interim period that the owners of this property decided to get the property surveyed and follow the one section of the Code that allowed them to secede from that particular subdivision. He explained it was not a point discussed at the Planning Commission Meeting, but the Commission would have accepted that application for rezoning effort either way. Director Newell questioned if the commissioners who voted unanimously to allow for a change were aware that there is an original Bill of Assurance, which would restrict this proposed change. Mr. Raetz replied they were aware of it, and he could speak for four of six who had heard a similar request for a much stronger commercial zoning request approximately a year ago. At which time, the Bill of Assurance was discussed in great detail; and the Commission discussed the matter of recourse concerning the Bill of Assurance. City Attorney David White pointed out that the City has no standing to enforce any Bill of Assurance, and it is a civil matter between the property owners that encompass a particular subdivision to which a Bill of Assurance applies. City Manager Kent Myers mentioned that Bills of Assurance are not filed with the City, and Mr. Raetz added that he has a record of several but does not have them all. Director Newell said his point is why should the City essentially force people into civil litigation to enforce what is known as an enforceable Bill of Assurance. In response to Director Weatherford, Mr. Raetz explained that in the City=s ordinance, there is a clause that allows for any lot that wants to secede from a subdivision to do that. For whatever reason they want to secede from that subdivision, they have the right according to the City=s ordinance to make that request. They complied with all of the criteria of the subdivision ordinance when they brought the materials to the Planning Department, and those materials were signed and recorded with the Circuit Clerk=s Office. Mr. Al Sharpoti, 130 Trojan Terrace, distributed a copy of the Bill of Assurance and stated that under Article VII, they cannot make changes unless 2/3 of the property owners approve it. He stated that when Higdon Ferry Road is widened, there will be more traffic on Lakeshore Drive, which means that part of Mr. Randel=s property will be used to widen Lakeshore Drive. He will then have Board of Directors Meeting 20 July 7, 2003 at 7:00 P.M. to move his property back into the residential lots if he is going to stay there. Also, he had a petition of every resident saying they oppose it. He commented that Mr. Randel sent each property owner a letter which stated they had the two lots that touch Lakeshore Drive resurveyed, and they no longer are subject to the original Spargo Subdivision; however, they did not have the upper two lots on Trojan Terrace resurveyed. Mr. Sharpoti said that Mr. Randel did have them resurveyed because he has pictures of the survey mark, which he took today, and saw the surveyor doing the survey. He commented another property owner=s back lot looks down directly on Mr. Randel=s lot, which is about a 40- foot drop, and will be looking down at an unsightly area. He said this will now change the integrity of the neighborhood and reduce the property values. He pointed out that their main concern is the domino effect. He mentioned that once Mr. Randel gets his rezoning, then Ms. Stevie Spargo plans to ask for hers to be rezoned. He said the property owners are asking the Board to protect them from what they thought they were protected from under the Bill of Assurance. Director Edwards asked what he would suggest using the land for, and he said it would be for what it was originally intended. He added there is much more commercial property already zoned where Mr. Randel can move his business. Ms. Stevie Spargo, 129 Henderson, commented that Mr. Randel is only trying to move across the street and pointed out that a fire station is in the same subdivision. She stated this is the best use for this land. She pointed out that the land to the east is vacant; and when Higdon Ferry Road goes four-lane, it is going to be all commercial. She requested that the Board rezone this property. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Edwards, and Bush, total 4. Voting Ano@: Directors Newell, Weatherford, and Wheeler, total 3; motion carried. Whereupon the ordinance was declared passed. Note: On Tuesday after reviewing the Zoning Code, it was declared that the ordinance requires a 2/3 vote to pass (5 affirmative votes); therefore, the ordinance was declared failed. 25 Proposed Ordinance No. O-03-59 An ordinance entitled, AAN ORDINANCE TO REZONE TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY, TO INCLUDE APPROXIMATELY TEN ACRES LOCATED IN THE 300 BLOCK OF CHAUCER STREET, A PARCEL OF REAL PROPERTY ZONED R-2, SUBURBAN RESIDENTIAL@ 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 Board of Directors Meeting 21 July 7, 2003 at 7:00 P.M. the question AShall the ordinance be passed as read?@ and upon motion of Director Jones, duly seconded by Director Maruthur, that the ordinance be passed as read; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 26 Proposed Ordinance No. O-03-60 An ordinance entitled, AAN ORDINANCE TO REZONE TO R-4, MEDIUM/HIGH DENSITY RESIDENTIAL, TO INCLUDE A PORTION OF LOTS 10 AND 11 OF BLOCK 2 OF EDGEMONT SUBDIVISION, LOCATED IN THE 200 BLOCK OF JEROME STREET, A PARCEL OF REAL PROPERTY ZONED R-3, LOW DENSITY RESIDENTIAL,@ 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 AShall the ordinance be passed as read?@ and upon motion of Director Wheeler, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Director Edwards stated this is approximately three blocks from his home; and three residents in the area called him voicing their opposition to having this next to their property. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Newell, Weatherford, Wheeler, and Bush, total 6. Voting Ano@: Director Edwards; motion carried. Whereupon the ordinance was declared passed. 27 Proposed Ordinance No. O-03-61 An ordinance entitled, AAN ORDINANCE AMENDING SECTOR 99 OF ORDINANCE NO. 5118 OF 2002 (TRANSIENT SALES),@ 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 AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by Director Maruthur, that the ordinance be passed as read. Board of Directors Meeting 22 July 7, 2003 at 7:00 P.M.  In response to Director Edwards, Purchasing Director/Treasurer Jim Scott explained that based on the recommendation of the Occupation Tax Board, it will charge the occupation tax per event on transient merchants who come into the City and occupy a permanent structure for inside sales. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Newell, Weatherford, Edwards, Wheeler, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 28 Proposed Ordinance No. O-03-62 Adopting a Water and Wastewater Engineering and Construction Standards and Specifications Code for the City of Hot Springs, Arkansas; and for Other Purposes. (Tabled) OTHER BUSINESS 29 Board of Directors Items Director Maruthur stated that the account set up for Paul Anthony Nagey, who is in need of a prosthesis and some major rehabilitation, is at Regions Bank (Account No. 81-45-230306). Director Newell announced there will be a tour of District 3 on July 28. For any problem areas, they may contact him or Deputy City Manager Lance Hudnell at 321-6815. Director Edwards reported that a map has been worked out for brushhogging, and the Public Works Director can advise them what time the City will be working on their street. 30 City Manager=s Report City Manager Kent Myers gave the following report: 1. Regarding items on the Consent Agenda, the Board approved a bid award involving the Civic Center (purchase of a portable basketball floor - 60 feet x 120 feet, in the amount of $84,140), payable out of the Civic and Convention Center Bond Funds. Also, the Board approved a position statement with regard to the Highway 70 East Corridor. This includes the retention of the two-way Board of Directors Meeting 23 July 7, 2003 at 7:00 P.M. frontage roads, which the Chamber of Commerce Transportation Committee supports. The City requests the Arkansas State Highway Department improve the access ramps in that area. 2. Several weeks ago, the City was notified by the federal government that it has been designated as a Metropolitan Statistical Area (MSA). Staff is continuing to gather information on the impact from that designation and will have several reports in the future. There is a preliminary report from Mr. Raetz that indicates the City will receive $300,000 to $400,000 a year in Community Development Block Grant funds, which will be for improvements in low to moderate income areas. 3. Early voting ended today on the Magic Springs Bond issue, and he urged registered voters to vote tomorrow. 31 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:30 p.m., to meet again on Monday, July 21, 2003, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 24 July 7, 2003 at 7:00 P.M.