Board of Directors

MINUTES BOARD OF DIRECTORS MEETING OCTOBER 4, 2004, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, October 4, 2004, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Rhonda Counts, 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 Brunner-Maruthur, Elaine Jones, Burt Newell, Carroll Weatherford, Bill Edwards, and Mike Bush, total 6. Absent: Director Bob Wheeler. 2. Approval of Agenda A motion was made by Director Jones, duly seconded by Director Brunner-Maruthur, that the agenda be approved. Upon discussion, City Manager Kent Myers stated that a request has been made by Mr. Ray Owen, Jr. to add a resolution to the agenda appointing assessors to Central Business Improvement District No. 3. Mayor Bush then called for a vote on the motion to approve the agenda, as amended; and upon voice vote, the motion unanimously carried. 3. Approval of Minutes of September 20, 2004 Board Meeting A motion was made by Director Edwards, duly seconded by Director Weatherford, that the minutes of the September 20, 2004 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4. Recognition of Guests No guests were present for recognition. Mayor Bush reported that Director Wheeler is recovering from hip surgery. CONSENT AGENDA The Consent Agenda consisted of the following: 5. Public Safety Report (September 22, 2004). 6. Proposed Resolution No. R-04-239 Approving Certain Bid Awards (a) Transfer Trailer - Sanitation [awarded to East Manufacturing Company in the amount of $59,975]; (b) Fire Hydrant Painting - Utilities [awarded to K&R Services in the amount of $10,000]; (c)City Pit - Public Works [annual supply contract awarded to John Jenkins as primary and Spa City as second- ary] (Deleted from the Agenda); (d) Plumbing Service - All Departments [annual supply contract awarded to Sheets Plumbing Service]; (e) Playground Equipment - Parks Department [awarded to Bruce’s Landscaping in the amount of $45,176]; and (f) Light/Medium Duty Truck - Sanitation [awarded to Bale Chevrolet in the amount of $18,067.68]. 7. Proposed Resolution No. R-04-240 Accepting a Grant from the Arkansas State Highway and Transportation Department (D.W.I. and Other Drug and Occupant Protection Program). 8. Proposed Resolution No. R-04-241 Accepting a Grant from the Department of Transportation, Federal Aviation Administration (FAA), for the Promotion of Local Air Service in Hot Springs. 9. Proposed Resolution No. R-04-242 Awarding a Contract for Engineering Services (Rehabilitation of Terminal Building Parking Lot) to Grimes Consulting Engineers, Inc. 10. Proposed Resolution No. R-04-243 Approving Contract Addendum No. 3 with Grimes Consulting Engineers and the City for Taxiway “D” Improvement Project and Repealing Resolution No. 5592. 11. Proposed Resolution No. R-04-244 Revising the 2004 Airport Fund Budget by Appropriating Funds for the Air 21 Grant. 12. Proposed Resolution No. R-04-245 Authorizing the Filing of a Grant Application with the State Aeronautics Department for Grant Funds as a Five Percent Match to the Air 21 Grant. 13. Proposed Resolution No. R-04-246 Authorizing the Mayor to Execute Lease Addendum No. 1 with Diamond Lakes Property Management, Inc. (Tenant Name Change to Scott=s Lawn Service of Arkansas). 14. Proposed Resolution No. R-04-247 Awarding a Contract to Pettit & Pettit Consulting Engineers for Engineering Services Related to the HVAC System Study for the Residential Life Building at the Arkansas School for Mathematics, Sciences and the Arts. 15. Proposed Resolution No. R-04-248 Approving a Certain Street Name (Uva Court). 16. Proposed Resolution No. R-04-249 Confirming the Reappointment of Barry Owens to the Hot Springs Housing Authority. 17. Proposed Resolution No. R-04-250 Authorizing the City Manager to Submit an Application to the LeadAR Program. (Removed from Consent Agenda for Separate Consideration). 18. Proposed Resolution No. R-04-251 Revising the 2004 Wastewater Lift Stations Capital Budget by Appropriating Funds to Upgrade Lift Station on Circle R Road. A motion was made by Director Jones, duly seconded by Director Brunner-Maruthur, that the Consent Agenda be approved. Upon discussion, Director Edwards requested that Item No. 17 (Proposed Resolution No. R-04-250 Authorizing the City Manager to Submit an Application to the LeadAR Program) be removed from the Consent Agenda for separate consideration. City Manager Kent Myers stated that Item No.6 c (bid award for annual supply contract for city pit needs to be deleted from the agenda). Mayor Bush then called for a vote on the motion to approve the Consent Agenda, as amended; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously carried. PUBLIC HEARING 19. Public Hearing on Petition to Vacate a Portion of Mangum Street This being the time and date set for a public hearing on a petition to vacate a portion of Mangum Street, Mayor Bush declared the public hearing open. City Manager Kent Myers advised that he and Director Weatherford received a phone call from one of the property owners (Mr. Jeff Purnell) in the area expressing some concerns. Director Weatherford commented that he understood it cuts off access to a piece of property Mr. Purnell owns and may want to develop later. He suggested that the ordinance be tabled until the next meeting. There being no further comments, Mayor Bush declared the public hearing closed.  NEW BUSINESS 20. Proposed Ordinance No. O-04-57 An ordinance entitled, “AN ORDINANCE VACATING A PORTION OF MANGUM STREET,” was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Brunner-Maruthur, that the ordinance be tabled until the next meeting; and upon voice vote, the motion unanimously carried. 17. Proposed Resolution No. R-04-250 A resolution entitled, “A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE LEADAR PROGRAM,” was taken from the agenda and read by title only. A motion was made by Director Newell, duly seconded by Director Brunner-Maruthur, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers advised that the program is a statewide leadership program spon- sored by the State of Arkansas every two years. He mentioned it is a two-year program, and many of the activi- ties occur on Friday and Saturday. He stated that over the last several years, he has been approached by sev- eral graduates of the program encouraging his participation in the program. He pointed out this will create some good contacts around the state, but he does not want to create any controversy by attending a training class in another location. Director Edwards expressed concern with the time involved, which may take him away from the City. City Manager Kent Myers responded that he understood it will require more of his time working on the weekends when he is not in training and more time during the week. He emphasized that he would not neglect his responsibilities and duties to the City. He added there will be times when he will not be able to attend the class- es due to responsibilities of the City taking precedence. City Attorney David White questioned the length of the classes, and City Manager Kent Myers advised that many of the classes are on Thursday evenings, Fridays and Saturdays, which is every two months for a two- year period. He stated that the total of the two years will be 60 days with many of them being on the weekends. City Attorney David White asked if that would be time the City would be paying him, and City Manager Kent Myers advised that it would. He added there is a period when there is an out-of-state trip, and he would take that as vacation time or comp time. He also advised that the cost to the City would be $1,500 for the two-year period, which is a small amount of the actual cost of the program because they have been able to get founda- tion and private sector support, so probably the total cost of the program is around $10,000 per participant. City Attorney David asked if the City had to pay for the travel cost, and City Manager Kent Myers advised that it did. He added that all of the lodging and food are provided. Mayor Bush pointed out that he is aware of the program, and he appreciated the City Manager wanting to get involved and supports the program. Director Edwards also stated that he supported it but wanted the public to be aware of the program. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted ”aye”: Directors Brunner-Maruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously carried. Whereupon the resolution was declared adopted. 21. Proposed Resolution No. R-04-252 A resolution entitled, “A RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WASTEWATER SERVICE TO 710 WADE STREET,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Jones, that the resolution be adopted as read.  Upon discussion, Mr. Don Cochran, Director of Utilities, advised that a request has been received from Mr. Don Huffman, 710 Wade Street, to extend wastewater service to his property at the City’s cost. He stated that staff recommends approving the extension contingent on the property owner paying the cost of the construction. The estimated cost of extending this wastewater line is $13,400 and at this time would only serve one resident. If the extension is approved and the City were to pay for it, Mr. Cochran said he would have to take these funds out of the wastewater collections construction capital plan for this year. He added the City can extend the utility line at the property owner’s expense, which is the way the resolution is written. Director Brunner-Maruthur pointed out this would come out of the capital improvement budget and asked if it would not be an improvement to provide wastewater service to someone in the middle of the City. Mr. Cochran replied that it is an improvement to the system, but staff does not believe it is cost-effective to spend $13,400 to provide service to one resident. Director Jones asked if the City paid for this and other residents wanted to tie on, could the City get reimbursed some of the $13,400 from the others who tie on. Mr. Cochran advised that the City can charge them their con- nection fees which would be their lateral line between the main and their house, which the City normally would do. However, this situation has arisen in the past where citizens wanted the City to finance the construction of a wastewater line and more or less loaning them the money to install the line. He said the City Attorney has advised against that in the past. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye” Directors Newell, Weatherford, Edwards, and Bush, total 4. Voting “no”: Directors Brunner-Maruthur and Jones, total 2 Absent and not voting: Director Wheeler; motion carried. Whereupon the resolution was declared adopt- ed. 22. Proposed Resolution No. R-04-253 A resolution entitled, “A RESOLUTION APPROVING CONSTRUCTION PLANS FOR CBID NO. 3 AND PAR- TICIPATION BY THE CITY,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Brunner-Maruthur, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers explained this item was considered by the Board in July 2003 and November 2003, and the Board reviewed and approved the traffic study for CBID No. 3. The four major com- ponents were (1) construction of a raised pedestrian crossing at Central Avenue and Bridge Street; (2) retaining the existing traffic signal at Central Avenue and Bridge Street. Originally, it was to remove it; (3) allow parking on Central Avenue and close two lanes of traffic for at least a six-month trial period; and (4) construct a new roundabout at Central Avenue and Ouachita Avenue. Since the Board’s approval, the engi- neer was given approval to proceed with the design plans and meetings with the Arkansas State Highway and Transportation Department. He advised there is one change that has been made since the Board last considered this item, and the roundabout is not part of the plans for the improvements at this time. If the roundabout takes place in the future, those plans will have to come back to the Board and the Highway Department for consideration. If the Board approves the resolution tonight, staff is proposing that the City be involved in the project. Today, information was received from Mr. David French and Mr. Rico Harris, archi- tects, who developed some cost estimates on what would be involved in the City’s participation. He men- tioned when the CBID No. 2 was constructed, the City crews demolished the sidewalks. If the City has to haul the sidewalk concrete to the landfill, that could be about $24,000 in landfill costs; but staff believes they can find a location for the concrete as fill material at some site. When the sidewalks are exposed, many of the buildings have basements; and some of the basements may need to be repaired. Therefore, there is a cost estimate associated with repairs and upgrades of the basement slabs in the amount of $27,000. He stated that this is a conservative cost and may be closer to $10,000 - $15,000. He pointed out that the in prior improvement districts, the City paid for the signage, posts, and the pavement markings on Central Avenue. Those are the costs that staff is recommending that the City participate in if the Board approves this project tonight. Director Brunner-Maruthur commented that on November 17, 2003, the Board approved the implementation of this study, so the Board is basically going to approve by this resolution the contributing construction elements. Mr. David French, architect, stated that in regard to the roundabout, they had all of the property owners sign for establishing CBID No. 3 but had to come back and have them re-sign documents for the roundabout, which they decided against. He commented that Peters and Associates thought the roundabout was a good idea; and Mr. Jay Hunnicut, who works for University of Arkansas at Fayetteville, informed him that the Highway Department is asking them to explore roundabouts in Fayetteville. Mr. Rico Harris reported that the raised intersections at Bridge and Central will not happen either because the surface of the street is at the level of the sidewalks, and the Highway Department cannot mill it down far enough. He added that the elevations of the sidewalks cannot be changed enough to get a difference between the sidewalk and the street. Mr. Harris stressed that the only two changes are the deletion of the roundabout and the raised intersection at Bridge and Central. Mr. French stated that the CBID No. 3 starts at Prospect Avenue where the CBID No. 2 ends and goes on the west side all the way up to Market Street through Como Square. On the east side, it starts at Spring Street and goes all the way up to Market Street just past Regions Bank’s parking deck and then down to the Transportation Plaza intersection. City Manager Kent Myers asked if the improvements will be the same as what is already downtown in terms of the type of historic light, trees, benches, etc. Mr. French replied that it will be the same and will look like an extension of CBID No. 2. Director Weatherford asked if the light at Spring Street would remain, and Mr. French stated that it will even though Peters and Associates recommended removing it. He added that all of the traffic lights that are on Central now will remain. He stated if the roundabout had been installed, the traffic lights at Central and Ouachita and Central and Market would have to be removed. Director Weatherford asked if they are going to construct new curbs, and Mr. French replied that they are and will raise them as much as they can. He added there has to be a certain fall from the building front door for water to wash to the curb, and they will go around the road so it comes back to the curb. He noted that six inches is ideal for the curb, but he is not certain whether they will be able to get six inches. Director Weatherford asked if it allows them to do the raised intersection, and Mr. French explained that it became a problem because the Highway Department said that a curb is needed to prevent cars from coming up on the sidewalk. Mr. Harris stated that they plan to start November 6 with construction. They will bid the project this month and have 90 days to complete it. He said they realize it is through the middle of Christmas Season but cannot find a convenient time to start. Mr. French advised when they were trying to find a time to begin, everyone on the Board said they did not want to do it during racing season nor during summer vacation because of tourist season. He said they were going to start it in August, but they did not want to start it until after Hog Rally, which puts them into the middle of September. He commented that October is free, but this would run into the Christmas Season. Mayor Bush asked what it would do to the traffic flow, and Mr. French advised that it should not do anything since the two middle lanes will remain open. Also, they wanted to do this prior to milling Central Avenue. Director Weatherford asked when the Highway Department is going to do its project, and City Manager Kent Myers advised there is not a guarantee they are going to include it in their 2005 budget. If they do, the best time to do it in their opinion would be in April or May 2005. Mr. Davis Tillman, President of CBID No. 3, stated there have been several public meetings on a convenient time to begin; but there is not a good time. However, they want to get it done as soon as possible.  Mr. Mark Fleischner, owner of Lauray’s Jewelers at 402 Central and another property at 404 Central, said over the last few weeks and months, he has spoken to property and business owners in the downtown area and submitted to the Board their concerns for the traffic situation from all of the construction that has been going on for about a year. However, everyone knows that it is necessary. He stated that the request by them was not to block traffic; and when he attended the last public meeting on their behalf, which was regarding the new water line where they moved very expeditiously, he did not know how many paid attention to the traffic problem it cre- ated. There was traffic blocked and backed up to his store from that location and back toward Grand Avenue from that location. He said they were to have police direction, but he did not believe that took place. He requested that the City poll the property owners in the downtown area as to what time of the year this work should be done and give them some parameters. He stated that he believes this will take longer than 90 days. He commented that he wants this to happen but is concerned about the amount of traffic congestion and requested that the Board give consideration to a public hearing regarding taking additional lanes off Central Avenue and creating parking. Mayor Bush questioned the best time to start construction, and Mr. Fleischner said there seems to be less traf- fic at the beginning of the race meet than at the latter part. Director Brunner-Maruthur commented there is no perfect time. Also, the difference between CBID No. 1 and No. 2 was that there was an alternative route when it was done years ago. She pointed out there is Malvern Avenue and Court and Reserve as alternative routes. During the time the water and gas was done, even though there was one route, she noted there really was not that much of a disruption in traffic. She said that she received letters and phone calls of appreciation for the work that was done. She pointed out if motorists are going down Central Avenue, they can make a left on Reserve, a right on Court, or take Malvern Avenue. There will also be a lane or two open. She stressed that the City needs to proceed with this project. Mr. Mark Fleischner pointed out when CBID No. 2 was done, there were a number of things in place, such as the Main Street Program and manager, who assisted the businesses in the district. At that time, there were only about five in the downtown area; but now there are many businesses, people living in the downtown area, the Arkansas School for Mathematics, Sciences and the Arts, corporations, hotels, and Hot Springs Village resi- dents traveling through the downtown area. He added that he is not trying to keep anything from happening but trying to make sure that businesses are not hurt at this time of the year. Mr. David French commented they have been working on this for almost two years and have had three public meetings at the Transportation Depot. Also, it has been in the newspaper numerous times. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously carried. Whereupon the resolution was declared adopted.City Manager Kent Myers announced that a letter was received from Mr. Ray Owen, Jr. stating that in order to meet the schedule, three assessors need to be appointed to the CBID No. 3. Mr. Ray Owen, Jr. explained this is a different type of improvement district and has a different type of mecha- nism. Typically, only one assessor is required; but in this particular one, there officially are three assessors. He said that he discovered the necessity of having three assessors in conference with the bond counsel and is required by Arkansas Statutes. 23. Proposed Resolution No. R-04-254 A resolution entitled, “A RESOLUTION APPOINTING ASSESSORS (RAY OWEN, JR., W. P. WINDELL, AND ROBERT L. SIMPSON) TO CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. 3,” was taken from the agenda and read in full. A motion was made by Director Edwards, duly seconded by Director Weatherford, that the resolution be adopt- ed as read; and upon roll call, the following voted “aye”: Directors Brunner-Maruthur, Jones, Newell, Weatherford, Edwards, and Bush, total 6. Absent and not voting: Director Wheeler; motion unanimously car- ried. Whereupon the resolution was declared adopted.  OTHER BUSINESS 24. Board of Directors Items Director Jones announced that the Pleasant Street Association met on Saturday and urged everyone in that neighborhood to attend a meeting tomorrow from 3:00 p.m. to 5:00 p.m. at the Transportation Depot. Director Brunner-Maruthur announced that a meeting tomorrow will be held tomorrow at the Transportation Depot from 3:00 p.m. to 5:00 p.m. and from 5:30 p.m. to 7:00 p.m regarding the CDBG program. If street lights are out, citizens may call 1-800-ENTERGY. For prompt repair, they need to give the street ID No. and the pole no. SL plus four numbers. Director Edwards expressed appreciation to the Police Department for participation in removing signs from utili- ty poles. 25. City Manager’s Report City Manager Kent Myers gave the following report: 1. On the Consent Agenda, the Board approved the bid award for painting fire hydrants, which is the first phase of a new program. It was included in the budget at the recommendation of Director Brunner-Maruthur at the mid-year budget, and this project will continue for the next several years. The Board approved a contract with Pettit and Pettit Consulting Engineers for engineering services related to the HVAC system at the Arkansas School for Mathematics, Sciences and the Arts. This engineering company was the original com- pany for the building when it was remodeled for the school, so they are very familiar with the system. They will evaluate the system very thoroughly and have cost estimates available for the Board prior to or about November 1, so if there are capital costs involved, there will be time to consider adding it to the 2005 budget. 2. He expressed appreciation to those involved in the Downtown Development Conference last Thursday, and there are various study action teams that will be meeting over the next six weeks to develop an action plan to address some of the recommendations that were made by the keynote speakers. If anyone is interested in serving on one of the study action teams, they may contact the Deputy City Manager=s Office. The groups will meet on Tuesday, November 9, to reach consensus on an action plan for the downtown redevel- opment. 3. Starting tomorrow at 2:30 p.m., there will be the next dedication of the Walk of Fame (Linda Bloodsworth Thomason and Harry Thomason), which will be open to the public. 4. Immediately following tonight’s meeting, there will be a Board Work Session to continue the discussion from last week’s work session. Director Edwards requested that the City write a letter to the individuals responsible for organizing the Downtown Development Conference. 26. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:05 p.m., to meet again on Monday, October 18, 2004, at 7:00 p.m.