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Board of Directors

Regular Meeting

Hot Springs, AR · March 20, 2006

AgendaMinutes

Minutes

MINUTES BOARD OF DIRECTORS MEETING MARCH 20, 2006, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, March 20, 2006, at 7:00 p.m., Board Chambers, City Hall, with Mayor Mike Bush presiding. The invocation was given by Ms. Guinn Daniel, 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 Daniel, duly seconded by Director Maruthur, that the agenda be approved; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of March 6, 2006 Board Meeting A motion was made by Director Edwards, duly seconded by Director Jones, that the minutes of the March 6, 2006 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Director Maruthur recognized Mr. Hugo Fierro, an artist, who will be sketching the Board tonight. Mayor Bush read a letter of appreciation to the Board and Mr. Don Cochran was read from Ms. Floyce Taylor, 104 Euclid, expressing her gratitude for the City=s paying for extension of wastewater service to her home. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (March 8, 2006) (Removed from Consent Agenda for separate consideration). 6 Budget Transfer - Roll-Out Containers and Dumpsters. 7 Proposed Resolution No. R-06-92 Approving Certain Bid Awards (a) Rescue Tool - Fire Department [awarded to Pro-Fire Equipment in the amount of $45,510]; (b) Mowing- Various Department [annual supply contract awarded to Elliott, Elite, and Preston]; (c) Curb, Gutter, and Sidewalk Construction - Public Works and Utilities [annual supply contract awarded to DCJ Construction as primary and Richens as secondary]; (d) Cement/Concrete- Public Works and Utilities [annual supply contract awarded to C. J. Horner]; (e) Liquid Asphalt - Public Works [annual supply contract awarded to SemMaterials]; (f) Concrete Pipe- Public Works and Utilities [annual supply contract awarded to Hanson Pipe Products]; (g) Aggregates - Public Works and Utilities [annual supply contract awarded to Daveco, Spa City, and Martin Marietta]; (h) Water Meters (manual read) - Utilities [annual supply contract awarded to National Waterworks and Metron Farnier]; (I) Vegetation Control - Airport and Public Works [annual supply contract awarded to G S Brown]; and (j) Ballistic Vests - Police Department [annual supply contract awarded to Arkansas Police Supply]. 8 Proposed Resolution No. R-06-93 Approving the Extension of Hot Springs Municipal Wastewater Service to 4148 Central Avenue (Elk Horn Bank). 9 Proposed Resolution No. R-06-94 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Grand Isle Condominiums Located on Highway 7 South and Grand Isle Drive. Board of Directors Meeting 2 March 20, 2006 at 7:00 P.M. 10 Proposed Resolution No. R-06-95 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to the Prince Subdivision Located in the 400 Block of Charming Heights Road. 11 Proposed Resolution No. R-06-96 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Hidden Creek Development Located in the 2800 Block of Malvern Road. 12 Proposed Resolution No. R-06-97 Awarding a 2006 Annual Services Contract to Affiliated Engineering for Engineering Services Related to Water and Wastewater Issues. 13 Proposed Resolution No. R-06-98 Awarding a Contract for Engineering Services for the Design of the Highway 7 South Water Storage Tank to McClelland Engineering. 14 Proposed Resolution No. R-06-99 Awarding a Contract for Certain Consulting Services for the Planning Department to Urban Planning Associates, Inc. 15 Proposed Resolution No. R-06-100 Extending a Moratorium on the Collection of Parking Fees at the Exchange Street Parking Plaza. 16 Proposed Resolution No. R-06-101 Authorizing the Mayor to Execute a Lease Agreement Between the City of Hot Springs, Arkansas, and J. A. Riggs Tractor Company of Little Rock, Arkansas, for Certain Property at the Airport (Satellite Operation). 17 Proposed Resolution No. R-06-102 Approving an Application for a Temporary Emergency Dwelling Unit at 401 McClendon Road Pursuant to Ordinance No. 4948. A motion was made by Director Smith, duly seconded by Director Weatherford, that the Consent Agenda be approved. Board of Directors Meeting 3 March 20, 2006 at 7:00 P.M. Upon discussion, City Manager Kent Myers advised that a citizen has asked to address an item on the Public Safety Report and suggested it 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 Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. NEW BUSINESS 5 Public Safety Report City Manager Kent Myers announced that Mr. Boe Hale has asked to address the Board on Item No. 06-008 of the Public Safety Report ( request to remove parking meters S4 through S9 on Spring Street at St. Luke=s Episcopal Church and install additional loading zones). Staff=s recommendation is to deny the request but install an additional loading zone just west of the church parking lot exit; move one existing loading zone to the first parking space just east of the church parking lot exit; and replace the two current loading zone spaces in front of the main church door with two metered parking spaces. A motion was made by Director Jones, duly seconded by Director Edwards, to approve the Public Safety Report as recommended by staff. Upon discussion, Mr. Boe Hale said St. Luke=s Episcopal School has increased its classes; and at the present time, there are 78 students enrolled. In order to drop off those students in the morning, their parking lot will not allow all of the people to park their vehicles; and the children have to be escorted into the school. They also have to pick their children up in the evening, and he does not think it is fair for those who have students in the school to pay meters in order to drop off or pick up their children. Also, the school staff has no place to park their vehicles. He stated their parking lot has only 12 spaces, one of which is a handicapped space; and they have more teachers than the 12 spaces. He questioned why they have to have the parking meters in front of their church and school. Director Edwards commented that sometime ago when the building project started at the school, he talked to Father Williams and asked him where they are going to put the people. He noted the building almost covers the entire ground, and Father Williams indicated they would have to go across the street. Director Edwards stated he has looked Board of Directors Meeting 4 March 20, 2006 at 7:00 P.M. at this area closely and has not seen anyone paying the meters to take their children into the school. Mr. Hale said he does not believe they need to lose the loading zone in front of their church since they have several deliveries that need to be made. He added that he has no objection to having three of those spaces made into a loading zone at the parking lot. Three of them could be for a loading zone and three of them removed where people visiting their church do not have to pay a meter. Mayor Bush then called for a vote on the motion to approve the Public Safety report as presented; and upon roll call, the following voted Aaye@: Directors Smith, Weatherford, Edwards, Daniel, and Bush, total 5. Voting Ano@: Directors Maruthur and Jones, total 2; motion carried. 18 Proposed Resolution No. R-06-103 A resolution entitled, AA RESOLUTION APPROVING AN APPLICATION FROM CARY AND GINA MARTIN, D.B.A. HOT SPRINGS TOURS AND TRAVEL, FOR A CHARTER AND SIGHTSEEING SERVICE OPERATING PERMIT,@ was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Maruthur, that the resolution be adopted as read; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the resolution was declared adopted. 19 Proposed Resolution No. R-06-104 A resolution entitled, AA RESOLUTION AUTHORIZING THE USE OF ANIMAL SERVICES DONATION ACCOUNT FUNDS FOR THE CONSTRUCTION OF A DOG PARK TO BE LOCATED ON CITY-OWNED PROPERTY AT SCOTT AND VISTA STREETS,@ was taken from the agenda and read by title only. A motion was made by Director Edwards, duly seconded by Director Smith, that the resolution be adopted as read. Upon discussion, Mr. Steve Mallett, Public Works Director, advised that the resolution authorizes an expenditure up to $50,000 from the Animal Services Donations Board of Directors Meeting 5 March 20, 2006 at 7:00 P.M. account for provision of a local, community dog park. He noted this money can only be spent for projects such as this and cannot be spent for projects outside the Animal Services division. The maintenance for the park will also be from local, animal-based groups; and the Parks Department will not be responsible for that. The site for the park is located at Scott and Vista Streets, off Shady Grove Road and across from the Greenway and Hollywood Park. He stressed there are no funds from the General Fund requested for this project. Mayor Bush asked what has to be done to make it a dog park, and Mr. Mallett explained there are two areas on the site they can use. There is a small, flat area out front next to Scott Street that can be used for a small dog park, and there will be a larger dog run on the top acre that will be used for larger dogs. He stated they will have to look at that and select the trees and brush they want to remove but will leave some of trees for shade. Mayor Bush questioned the size of the dog park, and Mr. Mallett stated it is about an acre for the large run and about half an acre for the small run. Director Daniel said he understood there was $50,000 donated, and Mr. Mallett explained that it is part of a trust. He added there have been small amounts donated, but there was a large amount that came in as a trust B over $100,000. He noted a portion of this is that money, but this will not deplete the donations account. There is about $70,000 in the donations account, and this will be authorizing an expenditure of up to $50,000 of that; however, the City will do some of the engineering and design plans in-house. Director Daniel asked who will perform the maintenance on the dog park, and Mr. Mallett said there are local, animal-based groups that will offer to help with the maintenance of the park. However, if they cannot get someone to maintain it, it may terminate the project. He commented that the Parks Department will not be providing any of the maintenance. Director Jones questioned if this is City property, and Mr. Mallett advised that it is. Director Jones asked if they considered any other location, and Mr. Mallett advised that they looked at other City-owned properties and others that were not. However, having to purchase a piece of property would add to the cost of the project. He stated they definitely wanted to find a location that was conducive to usage and felt that being around the Greenway Trail and Hollywood Park would be an ideal location. Also, there is a common-shared parking area that can be used on Shady Grove Road for that and the park as well. Board of Directors Meeting 6 March 20, 2006 at 7:00 P.M. Director Maruthur questioned if the funds donated to the City for the welfare of animals were earmarked for a dog park or could they be used for any other service within Animal Services. Mr. Mallett said it was not necessarily earmarked for this project, but it was earmarked for Animal Services-type project. He pointed out that it was considered by the Animal Services Advisory Committee, and they choose the best expenditure of the money; but this also has to come before the Board of Directors. City Attorney Brian Albright recognized the Beverly Burns Estate for this donation, which is approximately $119,000. He mentioned that Ms. Burns had a desire to see about the welfare of animals in general, and her estate was divided among three different charities and governmental entities for the benefit of animals. He stated there is no specified use with regard to a dog park or any other particular purpose for animals -- just that it be utilized by Animal Services for the needs of animals in this community. Mr. Ted Ericson, 202 Quail Creek Road, Chairman of the Animal Services Advisory Committee, stated they have two donation funds, one of which was addressed by City Attorney Brian Albright (Beverly Burns Trust) and another fund of $50,000, which has been accumulated over a period of years. Basically, they are using the Beverly Burns Trust Account to build a surgical suite which is already constructed and to establish spaying and neutering clinics, not only for the in-house animals but for the entire community. He noted the $50,000 they have accumulated over a period of years would go toward the establishment of this dog park, which would have two facilities and would be completely chain link fenced. The larger facility would be for large animals probably over 30 pounds, and the other one would be for smaller animals up to 30 pounds. He stated there will be waste facilities and pooper scooper bags, a fountain with cascading water for the animals in both of the runs, benches for the public, and an entrance. With all of this effort, they hope to recoup much of the dollars they are spending by having a Fur Ball, donations from the community, etc. He said he has polled several of the Directors, and they are in favor of having a Fur Ball . Anyone who wants to donate for the entrance will have their name on it. He added that Mr. Louis Kleinmann is available to donate to the City 2-1/2 acres on Valley Street if he can get ingress and egress to the back of his property at South Park Shopping Center, and City Manager Kent Myers is working on that. He said they will get a donation of that land which could have been used for the dog park, but it will be donated to the Parks Department. It also is on the Greenway, which is important for the City, and it is important for the City to have ingress and egress with Kleinmann=s property because it will alleviate much of the traffic congestion on Central Avenue. Board of Directors Meeting 7 March 20, 2006 at 7:00 P.M. Ms. Marcile Gray, 202 Scott Street, spoke against the resolution and said they have lived on Scott Street for about 45 years. She said starting about 4 a.m. or 5 a.m., the City has the larger trucks going up and down her street; and there are the trucks that pick up the garbage, the CAPS trucks, police cars, and fire trucks going to and from the Fleet Service Department for service and gas. Also, there are two dangerous intersections, one just above her house at Leawood and Scott and just below her, where Scott and Silas come out. There is 20 m.p.h. speed limit signs there, but no one drives that speed. She said they do not need anything else in this neighborhood to create more traffic and noise. Director Maruthur read a prepared statement regarding the Dog Park. She stated that this allocation of the $50,000 from the Animal Services Donation account touches upon many issues. She noted the donation was left for the welfare of animals but was not specified or earmarked for a dog park. She pointed out there is a problem with wild, feral cats and dumped dogs and puppies. She commented many of the citizens cannot afford to have their pets spade or neutered, and this amount of money applied to a veterinarian for spaying or neutering would save the pain and suffering of many animals. She said that she classifies this as animal welfare. She asked Mr. Bugg if they are in need of any funds at Animal Services, and Mr. Dan Bugg replied that they struggle as other departments to provide services on a daily basis. He added they spend a large amount of time in the County because to run one County call in their agreement, it takes almost twice the time to get to the call as it does to a call in the City. Director Maruthur asked at budget time, if they could use more staff; and Mr. Bugg replied that they could. Mayor Bush commented that he has never received a complaint on Mr. Bugg or his department. Director Maruthur stated that the Animal Control Advisory Committee voted unanimously to use this generous gift; but they do not answer to the voters, who are the taxpayers. She pointed out City a memo was received from City Manager Kent Myers dated March 6, 2006, regarding declining activity in the downtown area; and that 2005 was not a good year. She noted that during the budget sessions in late 2005, regarding 2006 budget, there were numerous cuts in the budget; and staff positions are not being replaced. She commented this new project was presented on a non-televised work session on March 7, and her recommendation was to allow time for articles to appear in the newspaper detailing the City=s obligations and exactly what was being proposed. She noted that she mentioned this again at Tuesday=s agenda meeting and felt this was being considered without any input from the citizens, who will be affected by this project Board of Directors Meeting 8 March 20, 2006 at 7:00 P.M. because it will obligate tax money of those who still live in the City. She pointed out the application of the money that is being considered tonight is a generous donation to the City for the welfare of animals. She stated if the dog park is approved, it will be the City dollars that will pay for the maintenance security; and any liability that will be incurred if the volunteers should tire of giving their time, back out of financial pledges, move to another city, or pass away. She spoke of urban blight in the City and stated that Code Compliance needs to have one staff person to monitor the neighborhoods, but the City does not have the money and only has the money to react to complaints. She pointed out the CDBG Program helps existing owner-occupied homeowners who do not have the money to secure repairs to the homes, and this department needs help in staffing. However, the City does not have the money but will be addressed at mid-year budget. She pointed out that all of the small projects and commitments add up, and there have been people who have not met their obligations. She said it was explained to her that these monies cannot be applied to the City=s other needs. She stressed that the taxpayers will ultimately be responsible for this as any other city project if everything falls through, and citizens who have contacted her regarding the dog park do not want to leave their homes because they have been residents of the neighborhood for over 30 years or they do not have the money to leave the City. She stated if residents do not have a Bill of Assurance where they live, they are at risk because the City funds are low. She commented that the idea of a fenced, dog park that needs security maintenance forever is nice for the animals who already have responsible owners; but for the welfare of the unwanted, abused and neglected animals, this park will serve no part of their welfare. She stated the Animal Services Advisory Committee will term out or resign, as any volunteer organization changes. However, the City cannot walk away from any financial commitment. Director Maruthur questioned if the City would be responsible in perpetuity for the maintenance, security, and whatever happens at this park if this project falls through. City Attorney Brian Albright replied to the extent that the property is owned by the City, it is responsible for what goes on there. He explained with respect to the continued funding of such an operation, that would be the purview of the Board whether or not the Board wants to continue that or use the property for some other purpose in the future. Director Maruthur commented every time somebody appears before the Board to get water and sewer, etc., quite often the Board denies the request because there is not enough money but believes the City is going to be opening the doors or setting a precedent. She added that the more projects the City takes on, the more responsibility will be to pay for them. Board of Directors Meeting 9 March 20, 2006 at 7:00 P.M. Director Edwards commented he has received phone calls from residents who stated it was time for the City to do something for the dogs. Director Maruthur reported the citizens who called her about the feral cats and dogs running in the neighborhood quite often are from Director Edwards= district, and she directs them to Animal Services. She stated this is a good idea, but she would like to see the City out of it. She suggested that this be adopted by some organization, with Animal Services assisting them with city ordinances. She stressed that she is not against a dog park, but the Board denies requests to residents over $2,000, $3,000 or $4,000, which would make a big difference in their quality life; but they cannot afford to move out of the City if they do not like what is happening in their neighborhood. She said there could be a better application of these funds for what Ms. Burns left for the animals that do not have homes and need help. Director Daniel asked if Director Maruthur would feel better if a clause were added in the resolution that stated if the park were unable to be maintained by the volunteers, that it would be locked up until they could, and Director Maruthur said that she would. City Attorney Brian Albright advised that from a practical standpoint he is not sure how the City would implement that. He added that the property will remain the property of the City; but if there is no funding to operate it as it is and the Board does not wish to fund that, then the Board could have it closed down until such funding is available through private sources. Mr. Ericson said that he agreed with Director Maruthur=s comments and clarified that the funding is not coming from the Burns Trust but from small donations that the people in Hot Springs have given them over a period of years. He noted the Burns Trust account is being used for the surgical suite and the spaying and neutering of in-house animals and community animals at budget prices based on the United States government poverty level. City Manager Kent Myers stated that Mr. Jack Hennessee, Parks Maintenance Manager, last week visited the dog park in North Little Rock; and according to the city of North Little Rock Parks Maintenance, they provide very little maintenance because the people who bring their dogs pick up trash while they are there and actually maintain the park on their own to where the city has virtually no obligation. He pointed out that these will be people who will develop a care and concern about the facility and will provide some of the maintenance as they are visiting the site. Director Smith recognized Ms. Leah Warner, 609 Thornton, who stated there are points on both sides; and Director Maruthur had good points about the maintenance. As Board of Directors Meeting 10 March 20, 2006 at 7:00 P.M. a member of several animal organizations in town, she said she does not believe it is realistic to rely on volunteer organizations to provide the maintenance. She questioned who would pay for the pooper bags and scoopers and if that would come out of the donation fund or from the volunteer fund who is maintaining it. She said her biggest concern is non-responsible owners bringing their dogs to the dog park and turning them loose and either leaving, not cleaning up after their dogs, or having dogs that are not immunized or possibly semi-aggressive dogs. She pointed out many people do not know if their dog is aggressive or not in a group situation. She suggested that the City have a membership park, and those monies be designated for the maintenance. She stated that Director Maruthur also spoke of the nuisance dogs in areas and how that money could be better applied to that. She pointed out that is the purpose of Animal Services, and she did not feel that these donations should be used for the basic services of a City department. She added that in some instances, dog parks bring a community together and people together, as well as running off people, such as drug dealers. She stated by having volunteer organizations maintain it, they are all strapped for time and money. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Smith, Weatherford, Edwards, Daniel, and Bush, total 5. Voting Ano@: Directors Maruthur and Jones, total 2; motion carried. Whereupon the resolution was declared adopted. 20 Proposed Ordinance No. O-06-21 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 111 HOLLYWOOD FROM R-2, SUBURBAN RESIDENTIAL, TO C-3, OFFICE/NEIGHBORHOOD COMMERCIAL DISTRICT,@ was taken from the agenda for consideration. A motion was made by Director Weatherford, duly seconded by Director Edwards, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question 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, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. 21 Proposed Ordinance No. O-06-22 Board of Directors Meeting 11 March 20, 2006 at 7:00 P.M. An ordinance entitled, AAN ORDINANCE ACCEPTING BROWN STREET AS A PUBLIC STREET; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. A motion was made by Director Daniel, duly seconded by Director Edwards, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Edwards, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, Mr. Steve Mallett, Public Works Director, advised this is an extension of Brown Street, which is 375 feet to a private driveway from 242 Sunset Bay in Burchwood Bay Subdivision. This will accept the extension for city maintenance and has been inspected and meets all City requirements. Mayor Bush then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Daniel, and Bush, total 7; motion unanimously carried. Whereupon the ordinance was declared passed. OTHER BUSINESS 22 Board of Directors Items Director Jones congratulated Kim Smith, who was one of the Praise Dancers at the recent beauty pageant. Director Edwards expressed appreciation to the residents in the neighborhoods, especially in District 5, for removing posters from utility poles. Director Weatherford said he has received several phone calls regarding the job audit but has not received any report. City Manager Kent Myers advised that it will be presented at mid-year budget in July; but at this time, there are no funds to budget it. In the meantime, the Job Audit Committee is meeting every two weeks to finalize their recommendations and will probably be completed in two more meetings. He added that the salary market information has not been included in terms of evaluating salaries paid Board of Directors Meeting 12 March 20, 2006 at 7:00 P.M. by other cities, but basically all positions have been evaluated and where they rank according to about 15 different factors. Mayor Bush reported that several directors attended the recent National League of Cities Conference; and there were four young women from the Mayor=s Youth Council who also attended, as well as Bea Arline from the Parks and Recreation Department as their chaperone. Director Smith stated they were able to spend a good amount of time with the two Senators and Congressmen and is a good opportunity to deal face-to-face with people on issues that affect the City. Director Jones stated that she attended a workshop on inclusiveness; and upon returning, former President Bill Clinton was at the Civic Center speaking on diversity in nonprofit organizations. Director Daniel said it was a good experience, and they met people from other cities around the United States. He stated they brought home some great ideas they can put into action. Also, meeting with the Congressional delegation was a plus. Director Edwards thanked City Manager Kent Myers for delivering his letter to Congressman Mike Ross, who called him the next day; and he will be going to Washington, DC under a different entity. 23 City Manager=s Report City Manager Kent Myers gave the following report: 1. He stated that Hot Springs had one of the best delegations at the National League of Cities Conference. They had quality time with the Congressional delegation, particularly Congressman Ross, and followed up with thank-you letters from City Hall to all of the Congressional representatives for their time. One of the highlights was having the Mayor=s Youth Council attend, who spread a lot of good will among the other attendees. They wore their t-shirts showing they were part of the City of Hot Springs Mayor=s Youth Council and were very enthusiastic. At the next Board Meeting, they will be here to give their perceptions of the Conference. He advised that there is a very bleak funding situation in Washington DC because of all of the obligations of the federal government, which include the war in Iraq, the hurricane damages and helping restore the communities, and Medicare costs. The message they heard was the availability of Board of Directors Meeting 13 March 20, 2006 at 7:00 P.M. funding for discretionary projects is very limited. They are looking at the Essential Air Service being cut and community development block grants, and very few new projects being funded. He will submit a written report to the Board. Director Maruthur questioned the status of the rock fall mitigation, and City Manager Kent Myers advised that has been submitted by Congressman Ross=s office; but he reiterated that the ability to fund any new project is going to be very limited. However, the City is continuing to push forward with all of its requests. The same request has been sent to Senator Lincoln and Senator Pryor so they are aware of what has been sent to Congressman Ross. Director Maruthur asked if they will come in afterwards if there is a rockslide or fall, and City Manager Kent Myers advised that they will. 2. City Manager Kent Myers reminded the Board that the Advisory Committee Appreciation Dinner is tomorrow at 6:30 p.m., at the Hot Springs Civic and Convention Center. There are over 100 volunteers on the advisory boards and committees, who donate hundreds of hours every year to looking at various city issues and city problems. 3. On the Consent Agenda, the Board approved the following: (1) an engineering contract for a new water tank on Highway 7 South; (2) a contract with Urban Planning Associates (Jim von Tungeln). With the absence of a Planning and Development Director, Deputy City Manager Lance Hudnell, in consultation with the Planning Commission and Board of Directors, has identified Mr. Tungeln as an opportunity to help staff during this interim period; and (3) extended free parking at the Exchange Street Parking Plaza until July 1, 2006. 4. The City has received an appeal on the Planning Commission decision on rezoning the property at Carpenter Dam Road and Malvern Avenue. The City was unable to get the 15-day notification to be ready for the April 3 Board Meeting and will be scheduled for consideration at the April 17 Board Meeting. 5. There is a pending decision on the parking in the CBID #3 area and asked if the Board wants to consider that at the next Board Meeting or wait until April or May. It was the consensus of the Board to consider it at the April 17 meeting. Director Smith asked if there is any public meeting or data the Board will consider; and City Manager Kent Myers advised if there is any data, the Board needs to let staff know. By postponing it until April 17, staff can get any data the Board needs, such as Board of Directors Meeting 14 March 20, 2006 at 7:00 P.M. traffic counts, accident data, etc. The three basic options are (1) to leave the parking as it is; (2) remove the parking; or (3) modify the parking. 6. With the rain over the last couple of days, there has been roof damage at the Youth Center and the Utilities Building. There will be a written report in the City Manager=s activity update this week. Public Works Director Steve Mallett evaluated the damage to the Utilities Building today and had a structural engineer evaluate it. The Youth Center has also been evaluated, and those roofs will need to be repaired in the near future. 7. He received a phone call today and was asked to extend an invitation to the Board for the grand opening of the Historic Arkansas Wine Museum on Central Avenue, this Sunday, at 1:00 p.m. 8. Funding for the trolleys has been excluded in this year=s budget. Mr. Bob Reddish, Resident Transit Advisor, presented a report on several options. Director Smith suggested that the proposals be voted on by the Board at the April 3 Board Meeting. Director Maruthur stated that in the City Manager=s update report, it states that the Parking Fund currently pays for the upkeep of the parking deck; and this fund currently operates at a budgeted deficit of about $173,000 this year. City Manager Kent Myers replied that the decision was made to make the downtown parking deck free parking, and that fund will continue to operate at a deficit. 24 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:05 p.m., to meet again on Monday, April 3, 2006, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 15 March 20, 2006 at 7:00 P.M. Board of Directors Meeting 16 March 20, 2006 at 7:00 P.M.

Agenda

REGULAR MEETING OF THE BOARD OF DIRECTORS MEETING NO. 5 CITY OF HOT SPRINGS, ARKANSAS MONDAY, MARCH 6, 2006, 7:00 P.M. BOARD CHAMBERS, CITY HALL 133 CONVENTION BOULEVARD In order to ensure fairness to all who wish to be heard, while maintaining orderly and timely meetings, the Board of Directors has established a uniform policy for receiving public input. Anyone wishing to comment on a specific agenda item should place one's name on the sign-up sheet, available at the entrance to the Board Chambers. Comments will be limited to three minutes for each person. Discussion by the Board Members or questions to the person will not be included in this time limit. The Board of Directors request and appreciate your cooperation with these procedures. INVOCATION - Mr. Isaih Jernigan PLEDGE OF ALLEGIANCE CALL TO ORDER Order of Page Business Subject Reference BOARD BUSINESS SECTION 1 Roll Call of Board of Directors. N/A 2 Consider Approval of the Agenda. N/A 3 Consider Approval of Minutes for February 20, 2006. 1-2 4 Recognition of Guests. N/A Order of Page Business Subject Reference Items placed in this section are a matter of routine business which are expected to involve little or no discussion by the Board or the public. The Consent Agenda is usually voted on in mass. However, if any two Directors so desire, individual items may be discussed and/or voted on as a separate matter of business. CONSENT AGENDA SECTION 5 Public Safety Committee Report (February 26, 2006). 6 Resolution No. R-06-77 Approving Certain Bid Awards. (a) Patrol Vehicle Equipment - Police (ASC)*; (b) Highway 7 South Bridge Wastewater Line Rehabilitation - Utilities (reject&rebid); (c) Laptop Computers (16), PC’s (2) and Related Equipment - Utilities and Public Information. *ASC - Annual Supply Contract 7 Resolution No. R-06-78 Approving the Extension of Hot Springs Municipal Wastewater Service to Bledsoe Circle (Lots 50 through 56). 8 Resolution No. R-06-79 Approving the Extension of Hot Springs Municipal Wastewater Service to Fountain Lake Sonic Drive-In. 9 Resolution No. R-06-80 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Kaufman Road Town Homes. 10 Resolution No. R-06-81 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Glenstone Subdivision. 11 Resolution No. R-06-82 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to 134 Kelly Drive. 12 Resolution No. R-06-83 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to Farr Shores Villas Located on Farrs Landing Road. Order of Page Business Subject Reference (CONSENT AGENDA CONTINUED) 13 Resolution No. R-06-84 Awarding a Contract to Henderson Specialties, Inc. for Water Intake Gate Repairs at Lake Ricks. 14 Resolution No. R-06-85 Awarding a Contract for Engineering Services to Engineers Inc. (Design Services for Annual [2006] Water and Wastewater Line Replacements). 15 Resolution No. R-06-86 Approving an Affordable Housing Program (AHP) Grant Application by the Bank of the Ozarks in the Amount of $100,000 to the Federal Home Loan Bank of Dallas, Texas, for Expansion of the “Single-Family, Owner-Occupied Housing Rehabilitation Program.” 16 Resolution No. R-06-87 Authorizing Filing and Accepting a Grant with the U. S. Department of Justice Pursuant to the Bureau of Justice Assistance, Bulletproof Vest Partnership Program. 17 Resolution No. R-06-88 Approving Certain Street Names (Bluebell Place, Coneflower Court, and Larkspur Court). 18 Resolution No. R-06-89 Awarding a Contract for Engineering Services to Pettit and Pettit Consulting Engineers for Design of a Replacement Chiller and Chiller Plant Controls at the Residential Life Building at the Arkansas School for Mathematics, Sciences and The Arts. PUBLIC HEARING 19 Consider Public Hearing on Petition to Vacate a Portion of an Unnamed Alley Located in Block 118 of Orr’s Subdivision. Order of Page Business Subject Reference NEW BUSINESS 20 Consider Ordinance No. O-06-19 Vacating a Portion of an Unnamed Alley Located in Block 118 of Orr’s Subdivision. 21 Consider Resolution No. R-06-90 Awarding a Contract to Heller Co., Inc. for Highway 7 North/Gulpha Gorge Wastewater Line Rehabilitation. 22 Consider Resolution No. R-06-91 Approving the Transfer of Sightseeing Permit #13 and CBID No. 2 Permit #H from Outdoor Adventure Tours to Southwest Transportation Services, Inc. 23 Consider Ordinance No. O-06-20 Waiving the Requirements of Competitive Bidding for the Procurement of Certain Sole-Source Items (Sewer Pumps and Parts); and Repealing Ordinance No. 5349. OTHER BUSINESS 24 Consider Board of Directors' Items for Discussion and Announcements (no vote). N/A 25 Consider City Manager’s Report. N/A 26 ADJOURNMENT

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