Board of Directors

MINUTES BOARD OF DIRECTORS MEETING APRIL 3, 2006, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, April 3, 2006, at 7:00 p.m., Board Chambers, City Hall, with Assistant Mayor Tom Daniel presiding. The invocation was given by Mr. Dusty Diggs, and Pledge of Allegiance to the Flag was led by Assistant Mayor Daniel. Assistant Mayor Daniel called the meeting to order at 7:00 p.m. 1 Roll Call Roll call was as follows: Present: Directors Elaine Jones, Steve Smith, Carroll Weatherford, and Tom Daniel, total 4. Absent: Director Peggy Maruthur, Director Bill Edwards, and Mayor Mike Bush, total 3. 2 Approval of Agenda A motion was made by Director Smith, duly seconded by Director Jones, that the agenda be approved. Upon discussion, a motion was made by Director Weatherford, duly seconded by Director Smith, that Item No. 20 (A Resolution Approving a Lease Agreement with The Veterans Memorial Committee) be moved to the first item under New Business; and upon voice vote, the motion unanimously carried. Assistant Mayor Daniel then called for a vote on the motion to approve the agenda, as amended; and upon voice vote, the motion unanimously carried. 3 Approval of Minutes of March 20, 2006 Board Meeting  A motion was made by Director Smith, duly seconded by Director Weatherford, that the minutes of the March 20, 2006 Board Meeting be approved; and upon voice vote, the motion unanimously carried. 4 Recognition of Guests Assistant Mayor Daniel recognized members of the Mayor=s Youth Council, who recently returned from the National League of Cities Conference in Washington, DC. Laura Marchese expressed appreciation to the City for partially funding their trip and stated they were recognized by the President of the National League of Cities for their pink t-shirts. She also thanked Ms. Bea Arline with the Parks and Recreation Department as their sponsor. Katie Elbe, secretary of the Mayor=s Youth Council, spoke of hearing First Lady Laura Bush discuss education issues. Carly Berry reported on talking to the other councils regarding their fund-raising events and are considering meeting with other councils in the State later this year. Erin Ridgeway, fund-raising chairperson, spoke of experiencing how politics works and how people from local level interact with people from the national level. Assistant Mayor Daniel recognized Mr. Elmer Beard, 202 Henry, representing the Pleasant Street Neighborhood Association, who expressed appreciation for the funds being provided by the City. He said if they have approached the City in any way, they want to apologize for that approach and want the City to feel comfortable that people in the Pleasant Street Neighborhood Association are reasonable and have experience in government and politics. He pointed out that the City needs to be reminded that the funds which have been spent in the Pleasant Street Neighborhood Association are the funds of the people. He commented it may be called government money, but without people, there is no a government. He said that it is only Aseed@ money, and they plan to meet with some banks and talk to mortgage loan officers. Mr. Charles Smith is going to head that committee so the people in that neighborhood will realize the City is not totally responsible for the complete financing of all the work that needs to be done in the area. Once that is made clear and they feel welcome by the banking institution, they should be able to improve their neighborhood. He stated it is not something the City can do alone or the banking institution but will involve everyone working together. CONSENT AGENDA The Consent Agenda consisted of the following: Board of Directors Meeting 2 April 3, 2006 at 7:00 P.M. 5 Public Safety Report (March 22, 2006). 6 Budget Transfer -Legal Service ($3,000). 7 Proposed Resolution No. R-06-105 Approving Certain Bid Awards (a) Roof - Convent [ASMSA] - Public Works [awarded to Roberts-McNutt, Inc. in the amount of $28,354]; (b) Fence - Kimery Park - Parks [awarded to Quality Fence in the amount of $24,400]; (c) HVAC Comprehensive - Public Works/Various Departments [annual supply contract awarded to Powers of Arkansas]; and (d) Street Drainage, Utility Construction - Public Works/Utilities [annual supply contract awarded to Daveco Construction and Coakley Construction]. 8 Proposed Resolution No. R-06-106 Approving the Extension of Hot Springs Municipal Water Service to 353 Muskogee. 9 Proposed Resolution No. R-06-107 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to The Ridges Subdivision. 10 Proposed Resolution No. R-06-108 Authorizing the Mayor to Execute Amendment Nos. 3 and 4 to the Contract with Carter and Burgess for Engineering Services Related to the Carpenter Dam Utility Relocation Project. 11 Proposed Resolution No. R-06-109 Extending a Contract with Right of Way USA, Inc. for Real Estate Acquisition Services Related to Acquisition of Utility Easements. 12 Proposed Resolution No. R-06-110 Appointing Cheryl Batts to the Historic District Commission. 13 Proposed Resolution No. R-06-111 Appointing Claudette Ford to the Board of Zoning Adjustment. Board of Directors Meeting 3 April 3, 2006 at 7:00 P.M. 14 Proposed Resolution No. R-06-112 Appointing Sam Stathakis, Jr. to the Civil Service Commission. 15 Proposed Resolution No. R-06-113 Authorizing the Renewal of the International Sister City Cooperation Alliance Between the City of Hot Springs, Arkansas, USA, and the City of Hanamaki, Iwate, Japan. 16 Proposed Resolution No. R-06-114 Setting a Date for a Public Hearing to Vacate an Unnamed Alley in Gaines Addition. 17 Proposed Resolution No. R-06-115 Approving Certain Street Names (Autumnridge Circle, Oak Creek Circle, and Oaktree Circle). A motion was made by Director Smith, duly seconded by Director Weatherford, that the Consent Agenda be approved; and upon voice vote, the motion unanimously carried. City Attorney Brian Albright explained that there are only four Directors present; and under the procedures adopted by the Board, it requires a majority vote of the entire membership to pass a resolution or an ordinance, which will require a unanimous vote of all present to pass any item before the Board tonight. NEW BUSINESS 20 Proposed Resolution No. R-06-126 A resolution entitled, AA RESOLUTION APPROVING A LEASE AGREEMENT WITH THE VETERAN=S MEMORIAL COMMITTEE,@ was taken from the agenda and read by title only. A motion was made by Director Smith, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers explained that this originally was presented to the Board in October 2003; Mr. Morris Cash, representing the Veteran=s Memorial Committee of Garland County, had requested preliminary support of the City Board of Directors Meeting 4 April 3, 2006 at 7:00 P.M. so they could begin their fund-raising activities. Over the last several years, Mr. Cash and his group have been successful in raising the funds for the memorial and are prepared to get started. The location for the memorial is at Whittington at Walnut, and The Arkansas School for Mathematics, Sciences and The Arts is very supportive of the project. At this time, it is recommended that the Board approve a 20-year lease with the Veteran=s Memorial Committee. He added this is a paved parking lot at the present time, and the Committee has requested the City=s assistance in removing the paving from the parking lot so they can start construction of the Memorial. Mr. Morris Cash was recognized stating that on January 1, 2001, a group met at the Army Reserve Center, and he accepted the position of chairman. They have donations to start it and probably finish it. Through a State grant, they received $110,000 and have raised another $25,000, plus they have had six or seven in-kind services, such as Wade Spainhour, who did the surveying, the architect Bob Krager, retired architect from Indiana, retired civil engineer Larry Stone will do the dirt work and concrete foundation, Dan McDonough, electrical engineer, will provide all of the electrical engineering, and Treadway Electric will provide all of the materials at their cost. He stated if anyone wants to make a donation, the address is Post Office Box 3955, Hot Springs 71914. Also, they are a 501C-3, nonprofit organization. Assistant Mayor Daniel then called for a vote on the motion to adopt; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 18 Claim from Ms. Betty Baerg for Damages from Wastewater and Backup at 212 Glover A motion was made by Director Jones, duly seconded by Director Smith, that the claim be considered; and upon voice vote, the motion unanimously carried. Upon discussion, Mr. Don Cochran, Director of Utilities, stated that staff recommends denying the claim for damages from wastewater backup at 212 Glover on February 18. The property owner, Ms. Betty Baerg, is requesting reimbursement of $7,055. He said the tenant had called a plumber who attempted to clear the customer=s line, but there was no clean out outside of the home on the property=s plumbing as required by the City=s Plumbing Code. The plumber had set up a sump pump inside the bathroom, either in the toilet or bath tub, and ran a hose outside the bathroom window in an attempt to pump the wastewater out of the house. The plumber then called another drain cleaning contractor, who told the plumber to contact the City at that time. Once the Board of Directors Meeting 5 April 3, 2006 at 7:00 P.M. City crews arrived within 30 minutes, they relieved the blockage. However, by that time, the damage had already been done. After the blockage was cleared, the city crews called the cleaning contractor, who began cleaning the home on the same day and the next day as well. The City paid for the tenants to stay in a hotel while the cleaning was taking place. The following day, it was discovered that the laminated flooring was starting to buckle, and the laminated flooring was replaced trying to get the tenants back in the home as soon as possible since they had three small children. At this time, the City has paid Renovators Cleaning Service $5,289.15. The City also paid for cleaning the heating and air conditioning system in the amount of $750; and the cost of the laminated flooring was $2,304, for a total of $8,343.15. Mr. Cochran advised that the property owner is now requesting an additional $7,055, which includes flooring repairs - $4,375; loss of rental income - $900; utility bills - $150; re-advertising the house for rent - $20; plumber=s bill - $60; repair of the wall and painting the living room - $250; clean and buff the hardwood floors-$250; clean the house - $150; check for mold - $100; and ozone the house - $800, for a total of $7,055. He said staff does not believe these expenses should be incurred by the City considering there was no clean out on the household plumbing, and the plumber failed to call the City in a timely manner. He stated that the damage could have been minimized if the City had been called sooner. City Attorney Brian Albright asked that he clarify the clean out and if this is required on any new construction or any new plumbing work and possibly older houses would not have. Mr. Cochran advised that it has been part of the City Plumbing Code for sometime. He added the house is an older home, but most households do have a clean out on the outside of the home between the structure and city main that is out in the street. Director Smith questioned when the homeowner called regarding a plumbing problem; and Mr. Cochran said it was his understanding they have a property manager, who was called first. Ms. Betty Baerg, 129 Green Ridge Lane, advised that the property manager, Mr. Bissell, who manages her property, was called the same day. She expressed concern with mold, pointing out there was water behind the baseboards and under the floor oozing in with the insulation. Mr. Cochran explained that he was going to have everything repaired until Ms. Baerg began to question cleaning behind the baseboards and under the stool and the vanity, and he informed her that she needed to submit her request to the Board. Mr. Mike Moore, 1622 Hobson, was recognized stating that he has been a master plumber for 22 years; and on Sunday, he was called by the renters. He mentioned there Board of Directors Meeting 6 April 3, 2006 at 7:00 P.M. was a funnel of water shooting out of their toilet, and they had sleeping bags and other items pushed up against the bathroom in an effort to contain the sewage water in the bathroom. He had a small pump and put it behind the dam they had built to keep the sewer water in the bathroom. He mentioned there were four inches of sewer water throughout the entire house and twelve inches of sewer water in the bathroom. He returned at 10 a.m. the next day, and they were still trying to pump the water out. He then called Mr. Stephen Duncan, Utilities employee, who came to the residence and told him it was a stopped-up sewer main; and he would call someone to take care of it. Mr. Moore stated as far as the clean out on the outside of the house, if there was a clean out, the cap would be on it. However, most renters are not familiar with plumbing and would not know to remove the cap to prevent the sewer water from coming into the house. He said that he charged Ms. Baerg another $30 to check underneath the house to determine if there was any mold, which he did not find. He pointed out with twelve inches of water inside the house and four inches in the remainder of the house, it has to cause mold to get in behind the sheet rock on the inside walls, but this will not be known until it is torn out. City Manager Kent Myers asked if he installed a clean out as part of the repair, and Mr. Moore said that he did not. Director Smith asked if he went on a Sunday, and Mr. Moore replied that he was there around 2:30 p.m. and immediately put the sump pump in. Director Smith asked when he returned, and Mr. Moore said it was around 8 p.m. Director Smith questioned when Mr. Duncan was called, and Mr. Moore said that he was called on Sunday and informed him this was the City=s problem because the sewer main was stopped up. Director Smith asked when the City was notified, and Mr. Moore advised that it was on Sunday and was repaired on Sunday. Ms. Baerg said she was concerned that it was not being cleaned from the mold aspect because mold can be a health hazard. She mentioned that the renters have small children and one child is disabled, and they wanted to return to the home. However, she could not have them return because she has to be clear that the house is free from mold. She said that she had on her report of expenses the price for mold plates, which takes six to eight weeks for the mold to grow. Mr. Leverne Bissell, 457 South Rogers Road, said he is the property manager; and the renters called him, and he informed them to call a plumber. When he went to the home the next day, Mr. Craig Stevens, with the Utilities Department, was there and seemed willing to do what was necessary to clean up the house. Mr. Bissell suggested that the vanities, flooring, and lower drywall, along the west wall where the house flooded, be removed. At that time, he said he was under the impression that was going to be done. Board of Directors Meeting 7 April 3, 2006 at 7:00 P.M. However, on February 27, when they met with Mr. Cochran, he had taken a different position. He explained they had stopped the work because the City was going to put in the floor without tearing out the drywall or removing the vanities; and they wanted the City to stop until the owner made sure that it was going to be done. City Manager Kent Myers asked how many homes he manages for Ms. Baerg, and Mr. Bissell advised that he manages three. City Manager Kent Myers asked if he was aware of the benefit in terms of housing that comes from the installation of a clean out. Mr. Bissell said that he was but was not aware that the house did not have a clean out. City Manager Kent Myers asked if it has a clean out now, and Mr. Bissell replied that it does not. However, he has suggested that it be done. City Manager Kent Myers asked if it could flood again today or tomorrow, and Mr. Bissell said that it is possible. Director Smith asked if the house was vacant, and Mr. Bissell stated that it was and is still being worked on. City Attorney Brian Albright commented that Mr. Bissell indicated Mr. Cochran stated that work stopped because of the property owner=s request on several occasions, and Mr. Bissell replied that it was either his request or Ms. Baerg=s request. City Attorney Brian Albright asked if Mr. Cochran informed him at anytime that the authority for the staff level on the amount of money that could be spent for the renovation of this structure was $5,000 and the City had already paid out over $8,300 on the repairs, in addition to the amount that had been paid to the tenants. Mr. Bissell said that Mr. Cochran did not make that clear. He added that he may have alluded to it, but he did not remember the $5,000 limit. He said Mr. Cochran indicated any amount above that would have to go to the Board. City Attorney Brian Albright asked if he was aware of that now, and Mr. Bissell said that he was. Dr. Rheeta Stecker, 441 Weston Road, stated she belongs to the American Academy of Environmental Medicine and worked with Ms. Baerg for 27 years in Environmental Health. She mentioned she has dealt with people who have become toxic because of molds in their homes, and it has been a very difficult case at times to carry through with their medical improvement. She said once their immune system gets down with this kind of toxicity, it is a long way back. She mentioned she believes mold will accumulate in the soggy insulation that is under the floor and in the walls and is definitely a health hazard. City Manager Kent Myers asked Ms. Baerg if she has homeowners= insurance on this residence, and Ms. Baerg said that she did. City Manager Kent Myers questioned if Board of Directors Meeting 8 April 3, 2006 at 7:00 P.M. she has filed a claim for any of these damages, and Ms. Baerg said that she has checked with the insurance company, and they said they were not liable for the City=s sewer backup in the house. Director Smith asked for clarification if she does or does not have coverage, and Ms. Baerg replied that the insurance company has informed her that she does not. She added that when she became aware of this, she called the insurance company and was advised that she was not covered for the risk of the City=s sewer backing up into her home. Assistant Mayor Daniel asked if she owned the property when this happened before, and Ms. Baerg said that she did not. Assistant Mayor Daniel questioned if she was aware it happened before, and Ms. Baerg replied that she was not. Director Smith stated there are mold inspectors locally listed in the phone book and asked if she has had a certified mold inspector inspect the property, and Ms. Baerg said she has not. She added that she was aware of the mold plates, which have to be sent to a certified lab in Dallas. However, she considered contacting a mold inspector a good suggestion. She said that her claim included that the house be ozoned if the plates revealed that mold was growing. Mr. Bissell pointed out that it takes several months for mold to develop. Director Weatherford asked when the City was notified, and Mr. Don Cochran advised that the City was notified that same afternoon on the weekend of the 17th or 18th ; but it was sometime after the plumber had already arrived. He called Mr. Duncan, who is a City employee, and has a drain cleaning business on the side. After he examined the situation, he immediately knew it was not in the internal plumbing of the home. Director Weatherford asked if Mr. Duncan was on call, and Mr. Cochran advised that he was not but was called to assist the plumber with the drain cleaning. After Mr. Duncan arrived, he called the after-hours number; and the call-duty person responded and relieved the blockage in the City main that same afternoon. Director Weatherford asked if he had a record of that happening before at this location, and Mr. Cochran advised that he has not since he has been employed with the City in the past five years. Mr. Craig Stevens, Utilities employee, said that he was not aware of anything in the last year. Board of Directors Meeting 9 April 3, 2006 at 7:00 P.M.  Director Weatherford commented that if it happened before, whoever owned the house at that time would have been informed they had to install a clean out, and Mr. Cochran said that would have been the City=s practice to do that. Director Smith asked if the City received any sense from the tenants how long the problem had been going on before they called someone. Mr. Moore stated they called him as soon as they could. He stated there were four inches throughout the entire house and twelve inches in the bathroom because they were trying to keep it in the bathroom. Director Smith asked how long it takes to fill up a house with four inches of water, and Mr. Moore said when there is a four-inch geyser, it was a matter of two hours. Assistant Mayor Daniel asked Mr. Cochran if he feels the City has done everything it should have done to clean out the house with the $8,000 the City spent over and above what the City has paid the tenants. Mr. Cochran replied that he takes responsibility for this, and he exceeded the authority that he had to go up to $5,000 in going ahead and approving the cleaning of the home, approving the replacement of the flooring, putting the tenants up in a hotel for a little over a week; and in doing that, he notified City Manager Kent Myers and Deputy City Manager Lance Hudnell what was happening. He said that he exceeded his authority only because of the small children who were in the home. During the course of events as they cleaned the house, getting the flooring replaced, he met with the property owners on the 27th ; and they were requesting additional work be done. They thought the drywall had been damaged, as well as the linoleum in the kitchen. At that point, he informed the property owners he had already exceeded his authority; and the City agreed to clean the house and replace the laminated flooring. However, if they wanted any additional work to be done, they would have to file a claim with the Board because he is already over the $5,000 mark. He stated the City inspected the home, knocked on the drywall at the base of the wall throughout the kitchen, bedroom, and the bathrooms and found some soft spots on the drywall near the floor in the bathrooms. At that point, he agreed to have his employees cut twelve inches off the drywall off the floor so they could remove the damaged drywall. Also, he agreed to pull up the toilets, pull the vanities, and clean behind them because the owner requested that be done. The next day, the property owner was asking the City to pull up the floors in one of the closets because they thought water was in there and soaked some insulation since they found wet insulation in the wall. At that point, he told them he had gone as far as he could and was not comfortable with taking this any farther; and if they wanted to do that, they could. However, they would have to file that claim with the Board and get approval for those reimbursements. They would have to hire their own contractor, and that is when the City stopped. He commented at that point, there seemed to be no end to the additional requests for repairs they were asking. He stated he had no choice but to stop and have Board of Directors Meeting 10 April 3, 2006 at 7:00 P.M. them bring a claim to the Board. He said he feels the City has done a reasonable amount of repairs considering that the plumbing was not up to code and the time frame it took to get the City there. Director Jones asked if the house was liveable at the present time, and Mr. Cochran replied that when he left there, the laminated flooring was half installed. He stated the materials are still there, but the flooring is not completed. The drywall that was removed has not replaced because the City stopped the work at that point, and those additional repairs would have to be done. Director Jones asked if it would be feasible to move into now had the work continued, and Mr. Cochran said he believed it would. He explained that he is basing that on what he was told by the renovators who do the bio-hazard cleaning. According to what they told him with the cleaning they have done, they felt that it was safe to return to the house. He explained that the contractor is considered professionals in biohazard cleaning. Director Smith commented that the City has spent $8,343, and there was also a claim that was paid to the tenants, which was approximately $4,100. He pointed out the City has expended almost $13,000, and Mr. Cochran replied that was correct. Assistant Mayor Daniel asked Mr. Bissell how many other properties he manages, and Mr. Bissell said that he manages seven. Assistant Mayor Daniel asked if any of his other properties have clean outs, and Mr. Bissell said that he has not checked them and does not know if they have the clean outs. A motion was made by Director Weatherford, duly seconded by Director Smith, to deny the claim; and upon roll call, the following voted Aaye@: Directors Smith, Weatherford, and Daniel, total 3. Voting Ano@: Director Jones. Absent and not voting: Directors Maruthur and Edwards, and Mayor Bush, total 3; motion failed. City Attorney Brian Albright said that Assistant Mayor Daniel may entertain a motion to amend the claim, approve a certain amount, or table it. Assistant Mayor Daniel said that due to lack of three Directors present, he would like to refer it back to staff, have them review it, look at the two items they did not finish, and return to the Board. Board of Directors Meeting 11 April 3, 2006 at 7:00 P.M.  A motion was made by Director Jones, duly seconded by Director Smith, that this item be tabled until the next Board Meeting. Upon discussion, City Manager Kent Myers recommended that Mr. Cochran have the owner of the renovators present at the next meeting. Assistant Mayor Daniel then called for a vote on the motion to table until the next Board Meeting; and upon roll call, the following voted Aaye@: Directors Jones, Smith, and Daniel, total 3. Voting Ano@: Director Weatherford. Absent and not voting: Directors Maruthur and Edwards, and Mayor Bush, total 3; motion failed to table. City Attorney Brian Albright stated that the Board is in a situation where it is cannot take any action. He pointed out this is not a resolution or ordinance but is a matter for the Board=s consideration. He said his interpretation is that the Board has considered the issue and has decided to do nothing with it. He said in his opinion, this matter is now closed subject to someone=s ability to try to bring it back before the Board, but it would have to fall within the guidelines of the Board=s procedural rules whereby someone from the prevailing side, which in this case there is not a prevailing side because no action was taken. He advised this is basically a Adead issue@ until someone brings it back. 19 Presentation of Condemnation Resolutions Mr. Bart Jones, Housing Administrator, gave a slide presentation on the proposed condemnation resolutions. City Attorney Brian Albright questioned if all of the property owners have been notified, and Mr. Jones advised that they have by certified mail. He added that included in the board packets is an Affidavit from the Fire Marshall stating he has also inspected these structures and agrees that they are a nuisance. 19a Proposed Resolution No. R-06-116 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (108 ALCORN),@ was taken from the agenda and read by title only. Board of Directors Meeting 12 April 3, 2006 at 7:00 P.M.  City Attorney Brian Albright asked if anyone was present to speak against the resolution. There being no opposition, a motion was made by Director Jones, duly seconded by Director Weatherford, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 19b Proposed Resolution No. R-06-117 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (614 SCHOOL - FRONT),@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak against the resolution. There being no opposition, a motion was made by Director Weatherford, duly seconded by Director Smith, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 19c Proposed Resolution No. R-06-118 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (614 SCHOOL - REAR),@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak against the resolution. There being no opposition, a motion was made by Director Smith, duly seconded by Director Weatherford, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 19d Proposed Resolution No. R-06-119 Board of Directors Meeting 13 April 3, 2006 at 7:00 P.M.  A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (616 SCHOOL),@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak against the resolution. There being no opposition, a motion was made by Director Smith, duly seconded by Director Jones, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 19e Proposed Resolution No. R-06-120 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (618 SCHOOL),@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak against the resolution. There being no opposition, a motion was made by Director Smith, duly seconded by Director Jones, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 19f Proposed Resolution No. R-06-121 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (620 SCHOOL),@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak against the resolution. There being no opposition, a motion was made by Director Smith, duly seconded by Director Weatherford, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 19g Proposed Resolution No. R-06-122 Board of Directors Meeting 14 April 3, 2006 at 7:00 P.M.  A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (700 SCHOOL),@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak against the resolution. There being no opposition, a motion was made by Director Weatherford, duly seconded by Director Smith, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 19h Proposed Resolution No. R-06-123 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (1921 CENTRAL),@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak against the resolution. There being no opposition, a motion was made by Director Weatherford, duly seconded by Director Smith, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 19i Proposed Resolution No. R-06-124 A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (311 GAINES),@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak against the resolution. There being no opposition, a motion was made by Director Smith, duly seconded by Director Weatherford, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 19j Proposed Resolution No. R-06-125 Board of Directors Meeting 15 April 3, 2006 at 7:00 P.M.  A resolution entitled, AA RESOLUTION CONDEMNING CERTAIN REAL PROPERTY PURSUANT TO ORDINANCE NO. 4623 (102 JONES),@ was taken from the agenda and read by title only. City Attorney Brian Albright asked if anyone was present to speak against the resolution. There being no opposition, a motion was made by Director Smith, duly seconded by Director Weatherford, that the resolution be adopted as read; and upon voice vote, the motion unanimously carried. Whereupon the resolution was declared adopted. 21 Proposed Resolution No. R-06-127 A resolution entitled, AA RESOLUTION APPROVING VARIOUS TRAFFIC AND PARKING RELATED ISSUES WITHIN CBID NO. 3 ON A TEMPORARY BASIS,@ was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Weatherford, that the resolution be adopted as read. Upon discussion, Public Works Director Steve Mallett explained that as a result of a walk-thru by several members of the Board and staff, there are proposed revisions made to the traffic and parking plan for CBID No. 3. There are four items to be considered: (1) all open parking spaces in Central Business Improvement District No. 3 shall be designated and posted as two-hour parking from 7 a.m. until 7 p.m.; (2) staff is hereby authorized and directed to request approval from the Arkansas State Highway and Transportation Department (AHTD) for the following modifications to the Central and Market Street intersection and immediate area: [a] add left-turn lanes on Market eastbound and westbound at Central Avenue; [b] add a left-turn lane on Central southbound at Market Street; [c] designate the northernmost lanes of Ouachita as a one-way westbound from Central to Market; [d] place existing traffic signals at Ouachita and Central out of service; [e] add appropriate signal heads at the intersection of Market and Central to facilitate the proposed left-turn lanes; [f] add two-hour angle parking on Ouachita from Central to Market along the northwest side of Confederate Square; and [g] remove all parking on the west side of Central Avenue from Ouachita to orange and convert Central from one to two lanes from Ouachita southbound to Orange; (3) add an additional merge sign north of the northernmost sign on Central Avenue in advance of the two-lane merge to a single lane at Prospect; and (4) resume normal operations of the traffic signal light at Bridge and Central. Board of Directors Meeting 16 April 3, 2006 at 7:00 P.M.  Director Smith questioned if the cars accessing the seven new spaces at Confederate Square would be turning right on Ouachita and then into those seven spaces, and Mr. Mallett stated that would be correct. Director Smith pointed out for motorists to get out, they would have to back into oncoming traffic. Mr. Mallett commented there is enough room to safely back out; if there is not, it would not be considered. Director Smith asked if any thought has been given to the northbound lane coming into town making a left turn on Chapel to utilize the parking lots. Mr. Mallett commented that has been dedicated as a no-left turn in the past, and currently there is not a sign there because what it was posted on is now gone. He stated this has not been designated as a no left-turn. He said since motorists are not used to turning left onto Chapel, he did not believe that would be an issue. However, it will probably be posted as no left-turn again. Director Smith stated he would like the idea considered of making a left-turn on Chapel to utilize the parking lots to create more parking. He said the City does not necessarily have to look at it at the present time, but he would like for it to be considered. Mr. Mallett pointed out that currently, it is not posted; therefore, motorists could legally make a left turn. Assistant Mayor Daniel mentioned that when the Directors had the walk-thru in the district, he noticed a motorist trying to turn left, which held up traffic. Director Smith commented there is a large amount of parking in those lots, but motorists are not going to come down Chapel from Quapaw to get to those lots because they do not know they are there. He stressed that he would like to make it easier for motorists to get to those lots. Mr. Mallett stated that in order to do that, basically the City would just take no action to return it back to a no left-turn and leave it as open until if and when it becomes an issue. Director Weatherford suggested leaving it as it is now with no signage and observe it. If it becomes a problem, it can be addressed at that time. Director Jones advised that the owner of the J. C. Penney building, who lives out of state, called her and said he would like to see his parking lots utilized. Assistant Mayor Daniel said that he also called him, but he does not know how feasible it will be for motorists to turn left on Chapel. Director Smith questioned if there are any meters that will have to be removed going southbound where it is going to two-lane from Ouachita down to Orange, and Mr. Mallett advised there are three meters that will have to be removed; and there is some Board of Directors Meeting 17 April 3, 2006 at 7:00 P.M. open parking there as well. Director Smith asked if those people have been notified, and Mr. Mallett said that they have not. Director Weatherford pointed out those meters are not in front of any business on that side of the street. Director Smith asked if there are any loading or other zones that would be affected, and Mr. Mallett replied there are not. He added there is some open parking there, but there are no designated zones. Director Weatherford asked if those curbs are going to be painted showing that this is Ano parking,@ and Mr. Mallett said if it designated Ano parking,@ the City will paint it. Assistant Mayor Daniel questioned the location of the crosswalk when the cars park at the Confederate Square, and Mr. Mallett stated there is an existing crosswalk which will be repainted. Assistant Mayor Daniel asked if there was a crosswalk at the northwest corner, and Mr. Mallett replied there is not at this time. Assistant Mayor Daniel asked if there was a crosswalk from the Landmark Building at Market Street on the Ouachita side, and Mr. Mallett advised there is not one now, but it could be added. He explained that would be a protected crosswalk, and there will be pedestrians crossing there. He noted the City may look at incorporating that in as well. Mr. Matt Grunauer, 100 Discovery Bay, said that driving down the street today, there is a two-hour parking limit down Central Avenue; and City Manager Kent Myers pointed out that it is not in this area. Mr. Greunaur commented that it is prior to that and wanted to know who is going to enforce that, pointing out that two hours is not enough time for tourists to shop and eat. Assistant Mayor Daniel advised there is a person who walks the beat everyday, every two hours and marks tires and issues citations. He added that he has four businesses in that area and has not had a problem with the two-hour parking. Also, there are ample parking lots, such as Exchange Street Parking Plaza, two parking lots next to it, one in the 300 block, another one past the Medical Arts Building, and one past it. He noted that it is not meant to be all-day parking, and there are parking lots where individuals can pay for all day. As a businessman downtown, he said he would not want to see them extended past two hours. Board of Directors Meeting 18 April 3, 2006 at 7:00 P.M.  Mr. Grunauer asked if the two-hour limit is due to employees using those spots; and Assistant Mayor Daniel stated that his employees should be parking behind his building, which is the reason the Exchange Street Parking Plaza is free. Mr. Grunauer asked if metered parking has been considered down Central Avenue, and Assistant Mayor Daniel said that it was at one time but was removed many years ago. Mr. Davis Tillman, 118 Central, said this will be a positive impact on CBID No. 3, and he believes it will improve the traffic flow and help pedestrian safety. Mr. David French, 132 Lakeside Lane, stated that he knows this is temporary but on the Confederate Square, he and Rico Harris would like to do some design services for that free of charge. He said if they had about two or three design solutions for the City to review, he believes it would be important. He pointed out the walkway on the east side of Confederate Square is just asphalt, and people do walk out there. He mentioned if the sidewalks were lined up along Central over to the Landmark Building, a sidewalk could be installed there. Assistant Mayor Daniel pointed out that beside Confederate Square from Ouachita to Market going southbound that will be another lane of traffic at that location, and Mr. French stated that it is very wide at that location, a sidewalk could be installed, and easily have two lanes. Assistant Mayor Daniel asked if the City is going to stripe the width of the street to let motorists know they cannot use the entire width during this temporary phase, and Mr. Mallett said that the City will paint a yellow line so motorists know they cannot cross that on the right side as well. He added it will all be temporary striping. City Manager Kent Myers advised that today a petition was received signed by 14 citizens to keep parking on Central Avenue. He explained that the Board is not voting tonight to keep or remove parking on Central Avenue. He stated that once the City goes through these changes and another evaluation period, that decision will be made at some point in the future. Assistant Mayor Daniel then called for a vote on the motion to adopt the resolution; and upon roll call, the following voted Aaye@: Directors Jones, Smith, Weatherford, and Daniel, total 4. Absent and not voting: Directors Maruthur and Edwards, and Mayor Bush, total 3; motion unanimously carried. Whereupon the resolution was declared adopted. OTHER BUSINESS Board of Directors Meeting 19 April 3, 2006 at 7:00 P.M. 22 Board of Directors Items Director Smith pointed out there was an unusual situation tonight by having only four Directors present; and although it is a quorum, there are certain new rules that apply on voting. He commended Assistant Mayor Daniel for serving as Mayor. 23 City Manager=s Report City Manager Kent Myers gave the following report: 1. The Board approved several items on the Consent Agenda: (1) Cheryl Batts was appointed to the Historic District Commission; (2) Claudette Ford was reappointed to the Board of Zoning Adjustment; (3) Sam Stathakis, Jr. was reappointed to the Civil Service Commission; (4) approved the Amendment to the Contract with Carter and Burgess for engineering services related to the widening of Carpenter Dam Road. That project is scheduled to be let in April with the contract to be approved in May. In talking to Mr. Mallett, the City is approaching the Arkansas State Highway and Transportation Department to hold another public meeting on the project so the residents in that area will have more knowledge about the schedule and scope of the project. That meeting will be held sometime in May; (5) approved the renewal of the Sister City Agreement with Hanamaki, Japan. Hanamaki has merged with three other Japanese communities, and there was a need to update the Sister City Agreement. The new agreement will be taken with several Directors and the Public Information Officer during their visit later this month to Hanamaki; (6) the City parks are in active use. On Saturday, he and Director Smith visited Kimery Park, and there was a softball tournament underway involving a number of local teams and teams throughout Arkansas. Yesterday, he went to Entergy Park; and there was a large number of people utilizing this park. There will be a dedication of the next phase of Entergy Park sometime within the next four to six weeks; (7) there have been numerous responses to the citizen input form that was included in the City newsletter this month. Deputy City Manager Lance Hudnell and his staff are in the process of summarizing those comments, and those summaries will be presented to the Board in the next few weeks. He encouraged citizens to turn in their forms, and they can be mailed or dropped off at City Hall. Every comment is being reviewed by City staff and by the Board Members. To date, there have been approximately 200 comments received; (8) on Friday, he gave the Board a report on the efforts to implement an e-commerce program. This is part of the continuing efforts to improve customer services. Over the next eight to ten months, there will be numerous City services that will be added Board of Directors Meeting 20 April 3, 2006 at 7:00 P.M. on-line where citizens will be able to pay for these services on-line. The first two services that will be implemented over the next several months will be parking tickets and court fines. Following that, the City will be adding park facility reservations on-line, composting fees, building permit fees, and occupation tax fees. This project will continue to next March when the e-commerce will be fully implemented by early next year. Deputy City Manager Lance Hudnell announced that there will be AFree-Ride Day,@ Saturday, on Intracity Transit. Assistant Mayor Daniel reported that the Downtown Merchants Association will hold the Big Butt Cook-Off, at the Exchange Street Parking Plaza, on Saturday, April 22. They had the first test run this morning down Central Avenue of the ASteuart Pennington First Annual Running of the Tubs.@ The first tub that went on Central Avenue this morning traveled the distance in 1 minute and 45 seconds. There is still time to enter, and people can get their applications from the Downtown Merchants or from the Advertising and Promotion Commission. The race will be held on May 6. 24 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:25 p.m., to meet again on Monday, April 17, 2006, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Mike Bush, Mayor Board of Directors Meeting 21 April 3, 2006 at 7:00 P.M.