Board of Directors

MINUTES BOARD OF DIRECTORS MEETING MAY 16, 2005, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, May 16, 2005, 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 Maruthur, Elaine Jones, Steve Smith, Carroll Weatherford, Bill Edwards, Tom Daniel, and Mike Bush, total 7. 2 Approval of Agenda A motion was made by Director Edwards, duly seconded by Director Jones, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of May 2, 2005 Board Meeting A motion was made by Director Daniel, duly seconded by Director Edwards, that the minutes of the May 2, 2005 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Fire Chief Ed Davis introduced newly hired firefighters Josh Kincannon, Josh Lacy, and David Koller, who graduated highest in his class.  CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (May 4, 2005). 6 Resolution No. R-05-153 Approving Certain Bid Awards (a) Five Truck Bodies - Utilities [awarded to Keasler Body in the amount of $17,667]; (b) Fork Lift - Utilities [awarded to Lift Truck Center in the amount of $20,062.50]; (c) Vehicle and Equipment Batteries - Fleet Service [annual supply contract awarded to Interstate Batteries, Inc., Power Stroke Batteries, and O’Reilly’s Auto Parts]; (d) Janitorial Supplies - Various Departments [annual supply contract awarded to Myers Janitorial Supply, Merritt Wholesale Distributors, and Kerr Paper and Supply]; (e) Asphalt Hot Mix - Public Works [annual supply contract awarded to Martin Marietta]; and (f) Fire Station Coverage Study - Fire Department [awarded to Municipal Fire Services, Inc. in the amount of $10,500]. 7 Proposed Resolution No. R-05-154 Authorizing the Mayor to Execute Amendment No. 1 to the Contract with CDM Engineering (Camp, Dresser and McKee) for Improvements to the Chlorination and Pumping Systems of the Ouachita Water Treatment Plant. 8 Proposed Resolution No. R-05-155 Approving Change Order No. 5 with Coakley Construction for the Belvedere Water Line Improvements Project. 9 Proposed Resolution No. R-05-156 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Las Lomas Subdivision. 10 Proposed Resolution No. R-05-157 Awarding a Contract to Navigant Consulting for Consulting Services to Conduct a Water Loss Study. 11 Proposed Resolution No. R-05-158 Approving Change Order No. 1 to the Contract with FiveComm LLC for Extension of a Radio Tower at the Utilities Service Center. 12 Proposed Resolution No. R-05-159 Awarding a Contract for Playground Installation (Entergy Park, Phase 2) to ARKOMA Playgrounds. (Removed from Consent Agenda for Separate Consideration) 13 Proposed Resolution No. R-05-160 Awarding a Contract for Water and Electric Installation (Entergy Park, Phase 2). (Removed from Consent Agenda for separate consideration) 14 Proposed Resolution No. R-05-161 Requesting that the Arkansas Municipal League Develop a Close Working Relationship with the Arkansas Department of Finance and Administration to Insure that Cities are Provided Accurate, Timely and Detailed Local Sales Tax Information. A motion was made by Director Edwards, duly seconded by Director Jones, that the Consent Agenda be approved. Upon discussion, Director Maruthur requested that Item No. 7 (Proposed Resolution No. R-05-154 Authorizing the Mayor to Execute Amendment No. 1 to the Contract with CDM Engineering [Camp, Dresser and McKee] for Improvements to the Chlorination and Pumping Systems of the Ouachita Water Treatment Plant) be removed from the Consent Agenda for separate consideration. City Manager Kent Myers requested that Item No. 12 (Proposed Resolution No. R-05-159 Awarding a Contract for Playground Installation [Entergy Park, Phase 2]) and Item No. 13 (Proposed Resolution No. R-05-160 Awarding a Contract for Water and Electric Installation [Entergy Park, Phase 2]) be removed from the Consent Agenda for separate consideration. Mayor Bush then called for a vote on the motion to approve the Consent Agenda, as amended; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. UNFINISHED BUSINESS 15 Proposed Resolution No. R-05-150 A resolution entitled, “A RESOLUTION AUTHORIZING REMOVAL OF CERTAIN RAILROAD TRACKS ON CITY-OWNED PROPERTY AT TRANSPORTATION PLAZA AND THE REMOVAL OF RAILROAD CROSSING SIGNALS AT GRAND AND VALLEY,” was taken from the agenda and read by title only. (Tabled on May 2, 2005) A motion was made by Director Jones, duly seconded by Director Edwards, that the resolution be adopted as read. Upon discussion, Public Works Director Steve Mallett advised that staff is requesting this be withdrawn from the agenda since the trail has been redesigned where it does not necessitate removing the signal or the tracks.  A motion was made by Director Jones, duly seconded by Director Weatherford, that the resolution be withdrawn. Upon discussion, Director Daniel noted that any changes will have to be presented to the Board for consideration, such as for the crosswalk. Public Works Director Steve Mallett reported that the crosswalks will still be installed since the Board has already approved it as part of the original plan. Deputy City Manager Lance Hudnell mentioned that the Board approved the crosswalk under a Public Safety agenda item several months ago. City Manager Kent Myers explained that Board approval is not required at this time. Therefore, by withdrawing the resolution from the agenda, staff does not plan to bring anything back to the Board because the City is not planning on taking any further action other than what the Board has approved with the crosswalk. Director Daniel questioned when the crosswalk was approved, and City Manager Kent Myers advised that it was approved over the last ten years. He mentioned the crosswalk connecting the Transportation Plaza to the remainder of the Greenway has always been part of the original plans for the Greenway. Deputy City Manager Lance Hudnell pointed out that the specific plan was approved, and this particular crosswalk was approved. Director Maruthur said that she has received phone calls, and she would like to hear from those present. Mr. Bob Messersmith commented that he does not have a problem with the Greenway and voted for it when he was on the Board but never voted to cross Grand Avenue with it. He questioned why anyone would place this public domain in jeopardy for a crosswalk on Grand Avenue. He mentioned that it is one of the most dangerous intersections in the City. He commented that safety is his greatest concern. City Manager Kent Myers pointed out that people are already crossing at that location and will continue to do so. He added this is creating a safer way for them to cross. Mr. Messersmith questioned if it is safer when narrowing down the place where the semi-trucks go in on Valley Street and a curve in the middle of the street. He said he thought this was resolved with the trailhead at Hollywood, and it appeared to him the trailhead is the start. Also, there are nice facilities and ample parking for hikers. He said it is just wiser to do that and get it out of the Transportation Plaza.  Public Works Director Steve Mallett pointed out that removing this item from the agenda will not affect Mr. Messersmith’s concerns and is an item that can be considered at a later date. Ms. Verna Black said that she agreed with Mr. Messersmith. Mayor Bush then called for a vote on the motion to withdraw the resolution from the agenda; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Mr. Messersmith announced there is a crusade to raise money for a hospital in Memphis, Tennessee. He has been challenged to raise $1,200 for Muscular Dystrophy and would appreciate any donations. NEW BUSINESS 7 Proposed Resolution No. R-05-154 A resolution entitled, “A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT WITH CDM ENGINEERING FOR IMPROVEMENTS TO THE CHLORINATION AND PUMPING SYSTEMS OF THE OUACHITA WATER TREATMENT PLANT,” was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Utilities Director Don Cochran advised this is for improvements to the chlorination system and pumping system for the Ouachita Water Treatment Plant; and the original contract was to study the problems with the chlorination and pumping systems at the water plant. He stated that staff is having to monitor the chlorination system manually about every two hours to make sure there is proper chlorination going out into the water system. CDM Engineering has completed their study, and the City is ready to go into the design phase and the bidding phase of the project. The total cost of these two phases is $39,950 and is on a hourly fee schedule not to exceed that amount. He said this is budgeted in their capital improvements program for the Ouachita Water Plant. Director Maruthur questioned if this is any part of the Risk Management Program update, and Mr. Cochran advised that it is not. She asked if this was in the works prior to the Risk Management professional contract, and Mr. Cochran advised that it was. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 12 Proposed Resolution No. R-05-159 A resolution entitled, “A RESOLUTION AWARDING A CONTRACT FOR PLAYGROUND INSTALLATION (ENTERGY PARK, PHASE 2),” was taken from the agenda and read by title only. A motion was made by Director Maruthur, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers advised that last Friday, bids were opened on the playground equipment for Entergy Park. This was scheduled as a special bid opening in order to get the playground equipment ordered and installed prior to the dedication scheduled for the end of June. The low bid was submitted by ARKOMA Playgrounds in the amount of $47,878, which includes delivery and sales tax and is within budget. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Weatherford, Edwards, Daniel, and Bush, total 6. Voting “no”: Director Smith; motion carried. Whereupon the resolution was declared adopted. 13 Proposed Resolution No. R-05-160 A resolution entitled, “A RESOLUTION AWARDING A CONTRACT FOR WATER AND ELECTRIC INSTALLATION AT ENTERGY PARK, PHASE 2,” was taken from the agenda and read by title only. A motion was made by Director Daniel, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, City Manager Kent Myer reported that a bid opening was held on this item on Friday. All the bids came in over budget, and staff wants to rebid this project. He suggested that the Board disapprove this resolution. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “no”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously failed Whereupon the resolution was declared failed. 16 Presentation of Condemnation Resolutions Mr. Bart Jones, Housing Administrator, gave a slide presentation on the condemnation resolutions included on the Board Agenda. Prior to the presentation, Mr. Jones announced that Proposed Resolution No. R-05-178 (A Resolution Condemning Certain Real Property Pursuant to Ordinance No. 4623 [1511 Spring - Front Structure]) and Proposed Resolution No. R-05-179 (A Resolution Condemning Certain Real Property Pursuant to Ordinance No. 4623 [605 South]) should be removed from the agenda. City Attorney David White advised that a motion and second are needed to approve Proposed Resolution Nos. R-05-162 through R-05-181 inclusive, except for Proposed Resolution Nos. R-05-178 and R-05-179. A motion was made by Director Smith, duly seconded by Director Jones, to approve Proposed Resolution Nos. R-05-162 through R-05-181 inclusive, except for Proposed Resolution Nos. R-05-178 and R-05-179. 16a Proposed Resolution No. R-05-162 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (528 PARK AVENUE),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. Mr. David Hunt, 3187 Timberlake, Royal, Arkansas, stated he has owned this property since 1983; but it has not been occupied since 1989. He requested time to clean the property and then have a further review on what action needs to be taken. Mr. Bart Jones, Housing Administrator, advised that he has discussed this with Mr. Hunt; and if the Board condemns the property tonight, he will have 30 days to either raze and remove it or repair it. If he makes an effort to repair it, then the City will extend that time. He noted there is a vine growing inside the building, and staff is recommending condemnation on the current condition of the structure, not Mr. Hunt’s intention. Director Daniel questioned when he was first notified, and Mr. Jones replied that the City has sent him letters over the years regarding the general condition of the structure. He received this notice about a month ago. Director Daniel asked if there have been others, and Mr. Jones advised there is a file on this property going back about five years where the City has sent notices regarding cutting or cleaning. Mr. Hunt stated that he asked if he needed to clean the property and was instructed not to taken any action until he appeared before the Board. He said that he has all of the receipts from the roof being redone; and re-wiring and re-plumbing were in 1988; also, the floor was rotten, and he poured a slab. He said the main problem is the growth from the vines and trees. He requested to have a week to clean it and have it reevaluated. Mr. Bart Jones pointed out that the City cannot take any action on it for 30 days; and if he shows improvement, then it can be extended.  Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Daniel, and Bush, total 5. Voting “no”: Directors Weatherford and Edwards, total 2; motion carried. Whereupon the resolution was declared adopted. 16b Proposed Resolution No. R-05-163 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (644 PARK AVENUE),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. Ms. Verna Black, 301 Pullman, said that she has a permit and has started working on the inside of the property. Mr. Bart Jones advised that staff brought this condemnation to the Board in 2003, and Ms. Black had stated she was going to repair it at that time and get a permit. He said she did some work on the roof at that time, but the basic overall condition of the structure has not changed since that time. He advised that the City issued her a permit a week ago; and if she makes some progress, he will be glad to work with her. He commented that he would like to be in a position to move forward with the removal should she not make any progress. Director Smith asked what her plans are for the structure, and Ms. Black advised that she plans to bring it up to code and will either rent or sell it. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Smith, Daniel, and Bush, total 3. Voting “no”: Directors Maruthur, Jones, Weatherford, and Edwards, total 4; motion failed. Whereupon the resolution was declared failed. 16c Proposed Resolution No. R-05-164 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (517 W. MAURICE),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. There being no one to speak against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16d Proposed Resolution No. R-05-165 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (107 REBECCA),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. Director Weatherford asked if this structure has a roof on it, and Mr. Jones advised that it does. Director Weatherford questioned how the City can bring these properties to the Board for condemnation when there are other buildings the City has tried numerous times to condemn that do not have roofs. However, these have roofs; and the City is condemning them. He said that he has looked at all of the structures for condemnation that are on the agenda, and most of these are in much better condition than some of the other buildings the City has discussed several times where there is no roof, back, or windows. He pointed out that most of these structures have windows and a roof. Mr. Jones commented that most of these structures are wide open. He said that he is the staff person who selects which ones are to be presented to the Board for condemnation. He does that on several criteria: (1) number of complaints he receives; and (2) the general condition of the structure. He prioritizes them and brings them to the Board. Some are passed by the Board; and those that are not passed, he brings them back to the Board a year or two later. He explained that he looks at each one and evaluates it based on the condition at the time and how much work has gone into it. He talks to the families and questions them as to their plans. He stated that he tries to give them every conceivable option, but he tries to give the Board an honest evaluation of each structure whether he considers it a hazard or not. He stressed that it is the Board’s discretion. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Edwards, Daniel, and Bush, total 6. Voting “no”: Director Weatherford; motion carried. Whereupon the resolution was declared adopted. 16e Proposed Resolution No. R-05-166 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (104 REBECCA),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation.  Mr. Mike Medlock, 340 Alpine, stated that the opposition is not to the condemnation of the building but the address. He added the correct building address is 102 Rebecca. He said that he has the data sheets showing the property that Mr. Don McLuckie owns is 104 Rebecca, which has no building on it. He commented that 102 Rebecca is owned by Mr. Bennie Hensley and has a building on it, which is the one the City is condemning. Mr. Bart Jones advised that staff recommends condemning legal descriptions; and based on staff’s research and title search, the legal description for this house is Mr. McLuckie’s and lies on that piece of property. He stated there is a piece of property next to it that has been certified to the State for back taxes. When this is measured without doing a survey, it appears this house has been built either on the property line or very close to the property line. He added that the City notified both parties (the State of Arkansas and Mr. McLuckie). Staff is presenting the structure based on its condition and believes the City met the requirements of the ordinance and notified everyone who has an interest in the property. Therefore, staff would like to see it condemned. City Attorney David White expressed concern over which piece of property is being condemned and said he would prefer that it be tabled until the City has an absolute certain address on what is to be torn down. He explained that the City can be certain by going through the title company and getting an affidavit from them. He will then review the legal description and go out with the title people and actually walk the property. A motion was made by Director Jones, duly seconded by Director Daniel, that the resolution be tabled until the City can ascertain either the address or the legal description; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. 16f` Proposed Resolution No. R-05-167 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (145 SANFORD STREET),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. There being no one to speak against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16g Proposed Resolution No. R-05-168 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (304 WILMOT),” was taken from the agenda and read by title only.  City Attorney David White asked if there was anyone present to speak against the condemnation. There being no one to speak against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16h Proposed Resolution No. R-05-169 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (208 EDDIMEE),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. There being no one to speak against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16i Proposed Resolution No. R-05-170 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (605 PLEASANT - REAR),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. There being no one to speak against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16j Proposed Resolution No. R-05-171 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (203 CHESTNUT),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. There being no one to speak against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16k Proposed Resolution No. R-05-172 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (109 LAFAYETTE),” was taken from the agenda and read by title only.  City Attorney David White asked if there was anyone present to speak against the condemnation. There being no one to speak against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16l Proposed Resolution No. R-05-173 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (111 LAFAYETTE),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. There being no one to speak against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16m Proposed Resolution No. R-05-174 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (113 LAFAYETTE),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. There being no one to speak against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16n Proposed Resolution No. R-05-175 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (326 COTTRELL),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. Ms. Fannie B. Smith-Wallace was recognized and said she owns properties at 326 and 328 Cottrell; however, she lives in Earl, Arkansas. Before it was to be condemned, she said she had talked with Mr. Anthony Utsey, Housing Inspector; and he informed her if she would keep the yards clean and the houses boarded, it would not be condemned. She added that the grass had been cut on the weekend; and the following Monday, she received a letter from Code Compliance regarding actions she needed to take. At the present time, both houses are unliveable; and she had a fire two years ago at 328 Cottrell and could not repair it. She stated after they had boarded the houses, people broke into the houses and were living in them. She mentioned after she had done what Mr. Utsey required, she still received the letter from Code Compliance. City Attorney David White questioned if that was on 326 Cottrell, and Ms. Wallace said it is on both of the properties (326 and 328 Cottrell). She said had talked to Mr. Utsey, and someone had broken in and taken the front door off of the house at 328 Cottrell. Mr. Bart Jones explained that both structures are open and vacant, and one is burned. He said any structure can be repaired, and he has sent her notices in the past advising the City would like for her to repair the structures. However, they did not get repaired and are still open and vacant. Ms. Wallace pointed out after she had boarded the structures and had cut the yards, she was still receiving letters from the City. Mr. Jones replied that very rarely does the City send notices to people who do not have code violations. He pointed out that the issue involving the yard is under a different ordinance, and the discussion tonight is for condemnation of the two structures. He advised that staff’s recommendation is based on the current condition of the structures; and the fact that they are open, staff wishes to proceed with condemnation. Director Maruthur noted if there is a vote to condemn these properties, she has 30 days to begin work on them. Mr. Jones stressed it is not a code violation to have a vacant structure if she keeps it secure, boarded and secure from the elements and the yard cut and cleaned. He pointed out that many people do not live in the same town where they own property and will typically hire a management company or get a relative to do the work. Ms. Wallace said she had asked a friend to go by and check on it. Director Daniel asked if she had any intention of restoring these houses, and Ms. Wallace stated that she had plans to restore 328 Cottrell. However, she had problems with the insurance company after the fire; and by that time, there was so much water damage, she could not afford to repair it. Director Daniel asked if she had any intention of bringing them up to code, and Ms. Wallace said she cannot say she will never have any intention. At the present time, she cannot financially do it but possibly in two years. Director Jones asked if she had any plans for the property within 30 days, and Ms. Wallace said that she could board the structures and get the yards cut. As far as tearing the houses down, she is not financially able to raze both structures.  Director Jones stated she has received numerous phone calls regarding these structures and problems with drugs at 326 Cottrell. Ms. Wallace questioned the cost should the City raze both houses, and Mr. Jones explained that the City goes through a competitive bid process and bids it out. He added there are usually five or six bidders, and the City takes the low bid. It has to go to a legal landfill; therefore, there are some costs for the contractor; but it will be approximately $2,000 to $2,400 per structure. City Attorney David White explained if the City tears it down, the cost will be a lien against the real property. If the lien is not satisfied, then it would go up for bid; and there is a possibility that she would lose title to the real property. Ms. Wallace said she does not want to do that and that is why she keeps her taxes paid. Mayor Bush then called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16o Proposed Resolution No. R-05-176 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (328 COTTRELL),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. This item was discussed along with the previous item at 326 Cottrell. Mayor Bush then called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16p Proposed Resolution No. R-05-177 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (321 BARRETT),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. There being no one to speak against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16q Proposed Resolution No. R-05-178 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (1511 SPRING - FRONT STRUCTURE),” was removed from the agenda. 16r Proposed Resolution No. R-05-179 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (605 SOUTH),” was removed from the agenda. 16s Proposed Resolution No. R-05-180 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (126 WOOD STREET),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. There being no one to speak against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 16t Proposed Resolution No. R-05-181 A resolution entitled, “A RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (211 TEXAS STREET),” was taken from the agenda and read by title only. City Attorney David White asked if there was anyone present to speak against the condemnation. There being no one to speak against the condemnation, Mayor Bush called for a vote on the motion to adopt; and upon voice vote, the motion carried, with Director Weatherford voting “no.” Whereupon the resolution was declared adopted. 17 Proposed Resolution No. R-05-182  A resolution entitled, “A RESOLUTION AWARDING A CONTRACT TO S&S PLUMBING FOR THE 2005 WATER MAIN REPLACEMENT PROJECT,” was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Maruthur, that the resolution be adopted as read. Upon discussion, Mr. Don Cochran, Director of Utilities, advised that bids were received on April 25, 2005; and S&S Plumbing was the most qualified, low bidder. Due to a typing error in the bid document, there is a difference in the actual bid amount. In the bid document, he had asked for the contractors to bid 2,500 feet of six-inch water main, and the project actually calls for 3,500 feet. The contract amount will be $281,988.25. Director Smith pointed out a radical difference between the low bid and the next bid ($150,000), which appears to be in the asphalt paving. He questioned why the paving bid by S&S was so much lower than the other two. Mr. Cochran advised that he could not speak for the manager of S&S and why he chose to bid the project the way he did. He added this is one of the first water main projects he has bid for the City. He commented they do work for Centerpoint Energy Arkla around the City as far as replacing gas mains. He informed the Board that he gave the contractor an opportunity to withdraw his bid because he was so much lower. However, he decided to stay with the project and honor his bid. City Manager Kent Myers pointed out that the City is going to have to closely monitor the paving as part of this water line project to make sure he does not cut back in that area. Mr. Cochran advised there will be an inspection on the job everyday. He said that he also had those same concerns and addressed those with the contractor. Director Smith pointed out he was not as concerned with the contractor but the major difference in the bids. He stated he does not want the Utilities Department returning to the Board in two or three months with a Change Order. Mr. Cochran replied that he can assure the Board he will not be submitting a Change Order for work that he has already bid, and the contractor will have to honor the contract as it is for the amount of money that he bid. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 18 Proposed Ordinance No. O-05-44  An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZING A CONTRACT WITH YENTER COMPANIES, INC. FOR STABILIZATION OF THE WATER LINE BEHIND THE ARISTOCRAT MANOR; AND FOR OTHER PURPOSES,”was taken from the agenda for consideration. A motion was made by Director Maruthur, duly seconded by Director Smith, 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 Daniel, duly seconded by Director Edwards, that the ordinance be passed as read. Upon discussion, Director Smith stated that according to a map in the Board packet, there are some orange stakes and asked if they are survey stakes relative to this project. Mr. Cochran advised they are fence posts and may be the border line of the National Park property. Director Smith asked if they are going to secure the mesh along the top of the line, and Mr. Cochran replied that the mesh would cover from the top of the line and then down below it. As he understands the process, they will drill into the hillside with a 15-foot long pin or iron rod that will be secured into the wall and that will hold the wire mesh on the top and the bottom. Director Smith asked if that is similar to work that has been done in national parks in other areas where they have had a similar problem, and Mr. Cochran advised that it is. He added it has been done in the Hot Springs National Park by the same company. Director Maruthur pointed out that the City has been at risk for some time and questioned the starting date. Mr. Cochran advised that as soon as the Board approves the contract, he will call the contractor tomorrow and start a schedule. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 19 Proposed Ordinance No. O-05-45 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PROCUREMENT OF CERTAIN SOLE- SOURCE ITEMS (SEWER PUMPS AND PARTS); AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Weatherford, 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 Weatherford, duly seconded by Director Daniel, that the ordinance be passed as read. Upon discussion, Director Edwards questioned if this was the only bidder; and Mr. Cochran explained that the City has an existing ordinance that allows his department to buy certain brands of sewer pumps from certain distributors and waiving competitive bidding to do that because those distributors are the only ones who can provide his department with that brand of pump. One of the pump manufacturers has changed distributors so the City needed to purchase a Cornell pump, but now the Cornell pump manufacturer has changed distributors from Instrument and Supply to Jack Tyler Engineering. Therefore, the City is requesting to change the ordinance to reflect that and to purchase three Cornell pumps, which is $17,382. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 20 Proposed Ordinance No. O-05-46 An ordinance entitled, “AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PROCUREMENT OF RECORD KEEPING SOFTWARE FOR THE HOT SPRINGS FIRE DEPARTMENT; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Daniel, 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 Daniel, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Fire Chief Ed Davis explained this will save the Fire Department and the City some money over time by enhancing the current Spillman data system with FIREHOUSE Software Record Keeping System. It will provide them with an easy-to-use national fire incident reporting system, as well as ISO and NFPA compliant records and reports. The new software will reside on an SQL server at Information Systems and will be administered through the Fire Department and will not require any new personnel. The Fire Department’s administrative secretary will be the system administrator. The City should pay for the software with a savings on the Fire Department’s Spillman maintenance fees in about three years, which will be about $10,000 a year. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 21 Proposed Ordinance No. O-05-47 An ordinance entitled, “AN ORDINANCE APPROVING A SHORT-TERM FINANCING AGREEMENT WITH FIRST NATIONAL BANK AND AWARDING A CONTRACT TO COMFORT SYSTEMS USA FOR THE PURCHASE AND INSTALLATION OF CERTAIN HEATING, VENTILATION AND AIR CONDITIONING EQUIPMENT AT THE ARKANSAS SCHOOL FOR MATHEMATICS, SCIENCES AND THE ARTS; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Maruthur, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Edwards, duly seconded by Director Maruthur, that the ordinance be passed as read. Upon discussion, Public Works Director Steve Mallett advised that bids were opened on this project on Friday. There was a pre-bid walk through of this job, and there were four contractors who participated. One bid was received from Comfort Systems USA in the amount of $236,600. This will be funded through a 36-month, short-term loan at 3.17 percent and will necessitate adding approximately $106,600 to this lease purchase amount over what was budgeted for 2005. If approved by the Board, staff will make adjustments at mid-year to address the increase. Based on the fact that only one bid was received, he talked with the consulting engineer to find out why bids were not received from those who went through the walk-through. One of them said it was too large of a job for them, and the other two qualified to do the work were concerned about the building itself, such as the confined work space and the time for completion. He stressed this work has to be done and needs to approve it and allocate more money. Mayor Bush questioned the time line, and Mr. Mallett advised that the City is trying to get it done this summer before the students return to school this year. Director Smith said he was opposed to this due to the fact that the bid was received late Friday afternoon and is $90,000 over budget. He stated there are two or three months to do the job and suggested rebidding this project and hoped the rebid process would come back closer in line with what is budgeted. Mr. Mallett said his concern with rebidding is that the City probably will not generate any more interest than the three who bid the first time. He noted the other two will still have the same concerns. He stressed that the City is not going to be able to relax the time line if it is going to do it this year.  Director Smith asked if there was any local bidder, and Mr. Mallett advised there was not. City Manager Kent Myers asked if the contractor who received the bid has the equipment in stock; and Mr. Mallett advised this is a shelf item, which will allow him to get started immediately. City Manager Kent Myers advised that State Representative Rick Saunders had requested the Legislature appropriate some money for the School, and the Legislature has the ability to add general improvement funds in each session of the Legislature. This session funds were available, and Representative Saunders requested $100,000 for the School in the City’s name; and those funds were approved. Unfortunately, the Bill that was passed directs some money to flow through the University of Arkansas. He talked to Representative Saunders today, and he said he has it worked out; and the money will flow completely through him. Therefore, the City will have an extra $100,000 to devote to the School this year that was not budgeted; and $80,000 of that will be available in October. The other $20,000 will come in periodic payments over the next year. Director Maruthur stressed this is a serious problem that needs to be addressed as soon as possible. Director Weatherford questioned how much the City had in its budget for this project, and Mr. Mallett advised that there was $200,000 overall for two projects at the School, of which $150,000 was dedicated to this individual project. Director Weatherford asked if the City is doing a three-year lease purchase for $236,000; and Mr. Mallett advised that is just a portion of it. He added there are two other projects at the School that go along with that, which are not part of this. Director Weatherford asked if the City is doing $236,000 at the School, and Mr. Mallett advised that it is. Director Weatherford asked if there is $150,000 in the budget for that particular project, and Mr. Mallett advised there is; but the General Fund money will not be used for that project. Finance Director Dorethea Yates advised that the capital portion of the budget was originally for the $200,000. The City also had lease proceeds of $200,000 budgeted; therefore, the only amount out of General Fund was the first one-half year of lease payment. Deputy City Manager Lance Hudnell explained that it is budgeted both as a revenue and an expense. He stated the City budgeted the total amount of expense, but it also had incoming revenue from the lease. He added there is not a net of $200,000 in the budget. He stated the whole amount has to be budgeted in expense but an offsetting revenue was budgeted for the amount from the lease; therefore, the concern is how much is net in the budget, and the net would only be one-third of it. City Manager Kent Myers informed the Board there were a series of meetings with Senator Smith and Representative Mathis, and this is a first of a large amount of funds the City will be investing in the School over the next three or four years. Staff has reported to the Board that the buildings are very old and will be coming to the Board every year with these type of projects. He added there is about $1 million worth of work that needs to be done over the next several years. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Maruthur, Jones, Edwards, Daniel, and Bush, total 5. Voting “no”: Directors Smith and Weatherford, total 2; motion carried. Whereupon the ordinance was declared passed. 22 Proposed Ordinance No. O-05-48 An ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 5158, CITY OF HOT SPRINGS ZONING CODE; REPEALING CERTAIN ORDINANCES; AND FOR OTHER PURPOSES,” was taken from the agenda for consideration. A motion was made by Director Smith, duly seconded by Director Maruthur, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question “Shall the ordinance be passed as read?” and upon motion of Director Jones, duly seconded by Director Smith, that the ordinance be passed as read. Upon discussion, Mr. Jerry Raetz, Planning and Development Director, advised this is an amendment to the authorization procedure of the Zoning Code. In order to amend the Zoning Code in the future, it reduces the number of required votes from the Board from five to four and brings it into compliance with State Statute. City Attorney David White asked if the State Legislature changed the law this last session, and Mr. Raetz advised that it did not. Director Maruthur read a prepared statement commenting that this ordinance will reduce the amount of representation each citizen is now able to depend on. She stated that the most emotional issues that have come before the Planning Commission and Board of Directors in the last 11 years have been over zoning. She stated that people wait to hear the outcome of zoning decisions to see whether or not they should sell their homes. She pointed out that the constituents come before the Board and plead with the Board to either zone or not to rezone, and they have to live with it. The City has expressed a desire to bring more area in through the process of annexation, and it is voluntary; however, the City has told people that it provides protection and offers services, one of which is zoning protection. She said that she did not see a problem with five of the elected Directors out of seven deciding whether or not to change the restrictions in their neighborhood, and not everybody has a Bill of Assurance. She stated that the passage of this amendment to rezone would only take a simple majority of those Directors present at the meeting to decide citizens’ future. She added that as a representative of District No. 1, she will not vote to lessen their ability for protection, and every Director needs to answer to their constituents and explain how they could support this. She pointed out there is still more growth in the County, and people are moving to adjacent cities. Some are incorporating, and others are discussing incorporation. She asked the Board to leave it as it is, which is five votes out of seven to protect the citizens. Director Jones asked if this is a State law, and Mr. Raetz advised that it is. He added this is to bring the City’s ordinance into compliance with State Statute, which requires the voting from the governing body of the community that has a zoning code, that any amendment to the Zoning Code should be passed with a simple majority of the entire Board, not the number of Board Members voting or present at the meeting. It would require four votes minimum at any certain time, and that brings it into compliance with State Statute. He explained in writing the Zoning Code, the super majority is in State Statute and is referenced for appeals; however, it was misplaced in the City’s code and was placed in the authorization procedure in the code inadvertently. Director Maruthur said she understands that is the standard, but it does not mean the City cannot go above that standard and protect the citizens. She questioned what was not working that compelled him to request this change. Mr. Raetz responded that he was advised to look into this by the City Attorney and prepare this for the Board’s consideration. Mayor Bush said it appears to him that on most all issues, four out of seven carries and questioned why she wants to keep it five, particularly if the State Statute calls for four. Director Maruthur pointed out that it provides the most protection. She added when people move into the City, they look to the protection of zoning, police and fire. Director Maruthur pointed out that the Mission Statement for zoning is to protect. She said that if all of the Board Members are not present and there is a simple majority, they can rezone. Mr. Raetz pointed out that it is a simple majority of the entire Board. The ordinance itself states a majority of the entire Board, which is the same wording of the State Statute. Director Daniel said that it came from the City Attorney’s Office and asked if he felt that is something the City needed. Assistant City Attorney Brian Albright advised that an issue came up, and Mr. Raetz advised that it would require five members of the Board to approve. That was a change from prior ordinances of the City and from State law. The ordinance was changed in 2003, and it inadvertently included five. When that came up, City Attorney David White indicated that he was surprised that it said five and wanted it changed. It was referred to Mr. Raetz’s office for preparation of an ordinance to change it back to what it was previously, which was four. That is the minimum required by State law. He stated it is a floor, not a ceiling; and the City can go higher than that. However, the City never had it before except for the change in 2003. City Attorney David White said that he wanted to correct what amounted to a stenographer’s error. He added that Director Maruthur is correct, and the Board can go to five if it so chooses.  Director Messersmith was recognized and stated that he never approved of lowering standards and urged the Board to stay with five. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted “aye”: Directors Jones, Smith, Edwards, Daniel, and Bush, total 5. Voting “no”: Directors Maruthur and Weatherford, total 2; motion carried. Whereupon the ordinance was declared passed. OTHER BUSINESS 23 Board of Directors Items Director Daniel said there were several condemnations on the agenda tonight, and he has a problem since there was an individual at a Board Meeting a month ago representing the National Baptist Hotel. When he left the meeting, he said he was going to bring it into compliance (open doors and broken windows). However, he has taken no action. He said if the City is going to condemn these properties tonight, then it needs to step forward with properties similar to this and begin the process of fining these individuals. City Manager Kent Myers commented at that meeting, Mr. Raetz reported that because of the size and scope of the building, the City does not have a structural engineer on staff; and he suggested that the City go out for proposals for a structural engineering study on the building. If the City demolished it and the City were sued, there needs to be someone to confirm that the building is unsafe. He noted that staff does not feel comfortable because of the size and scope of the building. He had suggested that the City go out for proposals; and at least the Board would be aware of how much the City would have to invest in the building in order to condemn it. However, he did not hear any Board Member say they wanted to go that route. Director Daniel commented he does not mean he wants to start tearing the building down, but the individual present at that Board Meeting said he would bring the building into compliance as far as the windows and doors the next day before he left town. City Manager Kent Myers commented that he has not taken any action since that meeting; and since he will have to be cited, this needs to be referred to the City Attorney. Director Edwards suggested changing the dress code to casual for the Board Meetings, and there were no objections from the Board. Director Maruthur reported that this weekend the City is having a clean-up called “Spring Fling” and will be held on Saturday and Sunday, from 7:00 a.m. to 3:30 p.m. District No. 1 will have a site at GBS Tools, 808 East Grand and the Park Place Baptist Church at 721 Park; District 2 will be at the corner of Valley and Runyon and Chattanooga Park, which is 532 Chattanooga; District 3 will be at Hot Springs High School, Administrative Offices, 400 Linwood and the old Goodyear Building at 420 Grand Avenue; District 4 will be at the Hot Springs Memorial Field, 525 Airport Road and Hot Springs Middle School, which is 700 Main; District No. 5 will be at Hot Springs High School, Emory and Seventh, and Cornerstone Marketplace next to Old Navy; and District No. 6 will be at Vickie’s Shell Station, Shady Grove and Carpenter Dam Road and Lakeside School in front of the old field house, which is 2871 Malvern Avenue. If there are any questions, citizens may call 321-6911. Regarding the question from Director Daniel on the National Baptist Hotel, Assistant City Attorney Brian Albright said what the gentleman implied before he left town was that he would secure the building, meaning boarding up the doors and windows that were accessible. However, he did not do that. He said that he will ask Code Compliance to check it tomorrow; and if necessary issue a citation. He explained that would not be a condemnation, but the City can have the court system to address that. Director Smith announced that on Sunday, May 22, the Quapaw Prospect Historic District will hold its annual block party from 4:00 to 8:00 p.m. at the Quapaw Community Center, which is located at 500 Quapaw. Director Edwards expressed appreciation to the Police Chief and Fire Chief for the attendance of their new employees at the Board Meetings. 24 City Manager’s Report City Manager Kent Myers gave the following report: 1. On Friday, May 20, there will be an open house for the new Utilities Service Center, located at 780 Adams Street, with refreshments from 12 noon to 2 p.m. 2. He expressed appreciation to the City Attorney for the recent work session sharing some updated and timely legal information with the Board. They focused on conditional use permits and other planning and zoning issues. He said that he suggested a joint work session between the Board and the Planning Commission and received a positive reaction from the Board. His office has prepared a survey on some possible dates. 25 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:45 p.m., to meet again on Monday, June 6, 2005, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor