Board of Directors

MINUTES BOARD OF DIRECTORS MEETING JUNE 19, 2006, AT 7:00 P.M. The regular meeting of the Board of Directors was held on Monday, June 19, 2006, at 7:00 p.m., Board Chambers, City Hall, with Assistant Mayor Tom Daniel presiding. The invocation was given by Mr. Jimmy Young, 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 Peggy Maruthur, Elaine Jones, Steve Smith, Carroll Weatherford, Bill Edwards, and Tom Daniel. Absent: Mayor Mike Bush. 2 Approval of Agenda A motion was made by Director Edwards, 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 the agenda be amended, as follows: (1) Item No. 16 [Proposed Resolution No. R-06-216 Awarding a Contract to Heller Company, Inc. for Construction of Hollywood Trail, Phase I, of Hot Springs Creek Greenway] be removed from the Consent Agenda for separate consideration; (2) Item No. 11 [Proposed Resolution No. R-06-211 Waiving Construction Permit Fees for Samaritan Ministries for 2006] be removed from the Consent Agenda and considered as the last item under New Business; (3) Item No. 21 [Proposed Ordinance No. O-06-50 Amending the Zoning Code by Rezoning 187 Port-Au-Prince from R-L, Lake Area Residential, to PD, Planned Development] be moved to the first item under New Business; and (4) Item No. 29 [Proposed Resolution No. R-06-219 Adopting a Traffic Plan Within Central Business Improvement District No. 3] be moved to the second item under New Business; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried to approve the agenda, as amended.  A motion was made by Director Maruthur, duly seconded by Director Edwards, that Item No. 29 [Proposed Resolution No. R-06-219 Adopting a Traffic Plan Within Central Business Improvement District No. 3] be changed to an ordinance. She noted this is a permanent plan and would strengthen whatever action the Board takes. Assistant Mayor Daniel then called for a vote on the motion; and upon roll call, the following voted Aaye@: Directors Maruthur and Edwards, total 2. Voting Ano@: Directors Jones, Smith, Weatherford, and Daniel, total 4. Absent and not voting: Mayor Bush; motion failed. 3 Approval of Minutes of June 5, 2006 Board Meeting A motion was made by Director Smith, duly seconded by Director Weatherford, that the minutes of the June 5, 2006 Board Meeting be approved; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent: Mayor Bush; motion unanimously carried. 4 Recognition of Guests No guests were present for recognition. CONSENT AGENDA The Consent Agenda consisted of the following: 5 Public Safety Report (June 8, 2006). 6 Board Meeting Schedule - July thru December 2006. 7 Budget Transfer - City Attorney Personnel Costs ($459). 8 Proposed Resolution No. R-06-208 Approving Certain Bid Awards Pursuant to Ordinance No. 5387 (a) Classroom Upgrade - Police Department [awarded to Ford Audio Video Systems, Inc. in the amount of $24,518.76]; (b) Polymer - Utilities [annual supply contract awarded to Polydyne]; and (c) Batteries - Fleet [annual supply contract awarded to Interstate Batteries and O=Reilly=s Auto Parts]. 9 Proposed Resolution No. RB06-209 Approving the Extension of Hot Springs Municipal Water and Wastewater Service to the Villas at Bayshore Townhouses Located at 400 Bayshore Drive. 10 Proposed Resolution No. R-06-210 Approving the Extension of Hot Springs Municipal Water Service to Cutter Morning Star School. 11 Proposed Resolution No. R-06-211 Waiving Construction Permit Fees for Samaritan Ministries for 2006. (Removed from the Consent Agenda for Separate Consideration) 12 Proposed Resolution No. R-06-212 Accepting a Grant from the Arkansas Historic Preservation Program for Training and Travel Expenses for the Historic District Commissioners and Staff. 13 Proposed Resolution No. R-06-213 Authorizing the Mayor to Execute a Lease Agreement Between the City of Hot Springs, Arkansas, and New Century Aviation, LLC, for a Hangar at the Airport. 14 Proposed Resolution No. R-06-214 Accepting a Community Development Block Grant (CDBG) from the U. S. Department of Housing and Urban Development (HUD) in the Amount of $418,862; Revising the CDBG Program Budget; and for Other Purposes. 15 Proposed Resolution No. R-06-215 Authorizing Participation in Community Investment Services Programs of Federal Home Loan Bank of Atlanta. 16 Proposed Resolution No. R-06-216 Awarding a Contract to Heller Company, Inc. for Construction of Hollywood Trail, Phase I, of Hot Springs Creek Greenway. (Removed from the Consent Agenda for Separate Consideration) A motion was made by Director Smith, duly seconded by Director Weatherford, that the Consent Agenda be approved, as amended. Board of Directors Meeting 3 June 19, 2006 at 7:00 P.M.  City Manager Kent Myers advised that two citizens have signed to speak on the Public Safety Committee Report and, therefore, needs to be removed from the Consent Agenda for separate consideration. Assistant Mayor Daniel 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, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Based upon an earlier motion to amend the agenda, Assistant Mayor Daniel called for Agenda Item No. 21. NEW BUSINESS 21 Proposed Ordinance No. O-06-50 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 187 PORT-AU-PRINCE FROM R-L, LAKE AREA RESIDENTIAL, TO PD, PLANNED DEVELOPMENT DISTRICT,@ was taken from the agenda for consideration. A motion was made by Director Jones, 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 Smith, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, a motion was made by Director Smith, duly seconded by Director Jones, that the ordinance be tabled until August 7; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Based upon an earlier motion to amend the agenda, Assistant Mayor Daniel called for Agenda Item No. 29. Board of Directors Meeting 4 June 19, 2006 at 7:00 P.M. 29 Proposed Resolution No. R-06-219 A resolution entitled, AA RESOLUTION ADOPTING A TRAFFIC PLAN WITHIN CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. 3,@ was taken from the agenda and read by title only. A motion was made by Director Weatherford, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, City Manager Kent Myers stated that the initial planning for the traffic and parking improvements started in April 2003, when the Board of Directors hired Peters & Associates to conduct a traffic study of the CBID No. 3 area, which cost $6,000 ($3,000 paid by the City and $3,000 paid by CBID No. 3). On July 7, 2003, Mr. Peters reported back to the Board with some preliminary findings from the traffic study that included the raised pedestrian crossing at Bridge and Central, the roundabout, some parking on Central Avenue, and a number of other improvements. There was a meeting with the Arkansas State Highway and Transportation Department, as well as a public meeting; and on November 17, 2003, the Board approved the implementation of the traffic study. At that time, it still included the roundabout and other improvements that Mr. Peters had recommended. On October 4, 2004, the Board considered approval of the final construction plans. At that time, the CBID No. 3 engineers had bid the project out and realized they could not do all of the improvements that Mr. Peters had recommended. For example, the roundabout was going to be too expensive; therefore, the Board approved the construction plans, which deleted the roundabout at that time. On February 21, 2005, the Board approved the City=s participation in the project. On November 1, 2005, the Board approved a resolution to modify the CBID traffic parking to remove the parking on Central Avenue, which was not passed by the Board. The Board decided to leave the parking on Central Avenue and start a trial period at that time (90-day trial period starting December 1). On April 3, 2006, there were certain modifications to the parking and traffic along Central approved by the Board. The most significant was taking the parking off Central between Market and Grand Avenue to create another traffic lane in that area, and there were other modifications made at the intersection of Market and Central. At the request of Director Maruthur, he reported that staff has been tracking the phone calls and e-mails received. He gave the Board a written report last Friday at which time the City had received nine different contacts from citizens who were positive as far as leaving the improvements in place. Since that time, there have been several other calls received from the following: Mr. Curtis Wetherington, who recommended going back to a four-lane to end the congestion on Central Avenue; Ms. Kathy Hooks asked the Board to Board of Directors Meeting 5 June 19, 2006 at 7:00 P.M. vote against the parking on Central Avenue; Ms. Elaine Johnson asked that the four-lane be returned; Ms. Paula Woodman said that she and her mother moved here from Chicago and do not want to disassemble the parking on Central; and an e-mail was received from Peggy at the Brick House Grill stating that she supports the current traffic pattern in CBID No. 3. Prior to the meeting, Director Daniel gave him a survey that the Downtown Association members (29) had completed indicating their preference. There were three choices for the merchants: (1) leave the streetscape as it is [5 votes]; (2) remove the parking bumpout at Ouachita and Central and form a right-hand turn lane [12 votes]; and (3) remove all of the on-street parking from the District [12 votes]. A petition was received from 14 of the property owners in CBID No. 3 who support keeping the parking on Central Avenue, Ouachita and Bridge Street. Public Works Director Steve Mallett informed the Board the only part that is not constructed at this time is on the south side of Bridge Street wrapping around Central in front of Spencer=s Corner. It is not going to involve the addition of any traffic island or bumpout, but there will be parking as proposed on the south side of Bridge Street. There will not be a bumpout on that corner as originally proposed. He advised that the only other issue discussed is if this is made permanent at Ouachita, some permanent curbing will be added and islands to eliminate the temporary barricades that keep motorists from coming north on Ouachita. He explained that starting on the north end of Central Avenue at Prospect, the right-hand lane is now a right-turn only onto Prospect. The left-hand lane is a thru lane that continues all the way down to Ouachita. Previously, there was parking along Ouachita which has not changed; but all the parking that is now on the west side of Central from Prospect to Ouachita was installed as part of this project. The parking on the north side of Central Avenue existed down to around Chapel Street where it went from a single lane and opened up to two lanes north of Chapel Street. That was basically extended all the way up to Spring Street. The point where it transferred from one lane to two lanes actually moved from in front of John=s Shoe Hospital now down to Spring Street where it opens up to two lanes. The other modifications made around the Confederate Memorial Park were not part of CBID No. 3. There were some traffic modifications that came afterwards and was presented to the Arkansas State Highway and Transportation Department. They approved the configuration as is; and if it were changed, it would have to go back to the Highway Department as would any changes that are made. That was done in order to remove the signal at Ouachita and Central that controlled traffic entering Central from Ouachita. The signal that is there now, which controls traffic on Central for pedestrian safety only, will remain. He stressed that light does not control any traffic movement other than to stop, and it only stops traffic when it is also stopped at Market Street. The signal light at Market and Central was modified to accommodate left-turn Board of Directors Meeting 6 June 19, 2006 at 7:00 P.M. lanes off of Market onto Central either westbound or eastbound, and a dedicated left-turn was added, which protects turns off of Market onto Central Avenue. The two-lane then was extended from Orange. Previously it went from Grand north to Orange Street, and that was extended all the way back to Ouachita. There were two lanes from Ouachita all the way down to Grand and was a one-way section on Ouachita from Central to Market Street. That traffic modification package of its own was independent of the CBID No. 3. Bridge Street signal previously was a hanging signal from an overhead power line, and that was upgraded to a modern mast arm signal that is there at the present time. It has been placed back into service and is currently working rather well. At this point, staff has no recommendation to change that signal. The light at Spring Street has not changed in its operation. The light at Spring and Bridge continues to be coordinated as well. With regard to Bridge Street, there was a traffic count made. Staff found that in regard to the westbound traffic movement coming into Central, the maximum daily volume was 513 cars; the minimum daily volume was 301 cars. The peak hourly volume that was recorded on a one-week (Saturday to Saturday) period was 46 cars, and the average hourly volume was 17 cars. The peak hourly volume averaged about a car every 1.3 minutes, and the average was a car about every 32 minutes. Mr. Mallett reported that Director Maruthur requested a video of the merge area on the north side of CBID No. 3; and during heavy traffic, the video indicates motorists darting over to get in. He then presented a video of the traffic in that area which was taken today around noon and was showing fairly steady traffic. They were in that area about 45 minutes and took photos of some of the Directors= concerns. He pointed out that in one instance, a car used the loading zone as an opportunity to move over because when they came to Prospect, they had not noticed the merge signs and then realized that the lane ended; and they wanted to go straight on Central and will dart out. However, there will be cars parked there since it is a loading zone, and motorists will be forced to turn right. Staff went to Court Street where there is a traffic; and when the light turns green, the motorists in the far right lane will speed up to get in. Director Edwards stated that two of the phone calls he received this weekend concerned businesses allowing their employees to park all day. Public Works Director Steve Mallet replied that approximately a month ago, the City installed two-hour parking signs; but several months before that, it was open parking. He added the City has started to enforce the two-hour parking. Director Smith asked if some new merge signs were added in the last week downtown by the post office, and Mr. Mallett said that previously there were some temporary signs; but now there are actual standard, larger signs installed. He added that Board of Directors Meeting 7 June 19, 2006 at 7:00 P.M. Director Maruthur had requested that they add one closer to Angel=s Restaurant, which has been done. Mr. Richard Gipe, 804 Central, was recognized stating that he owns a business within the CBID No. 3 District. He mentioned all the building owners, business owners, and many of the employees and hundreds of visitors unanimously like the changes the way they are. He stated that many public safety features are built into these changes, as well as flood control solutions. For those reasons, the building owners, business owners and employees are in favor of the changes as they are presently done. He pointed out there are two categories of tourists: (a) tourists who stay in the hotels, eat at the restaurants, visit the shops and enjoy downtown Hot Springs; and (b) tourists enjoying a drive up or down scenic Highway 7 passing through town who might be better served by four lanes. However, they would even be better served by a bypass, which would remove some of the congestion downtown. He stated that Category AA@ tourists would be better served by all of the changes that have been made. He said their opinion is they would like to see it remain the way it is. Mr. Eric de Renouard, owner of 829 and 831 Central, who lives in CBID No. 3, said that he has always had parking in front of his buildings at Ouachita and Central. He stated there were three traffic lanes before construction began and now have three traffic lanes. The new southbound third lane, which now begins at the Confederate Square, was completed two weeks ago; and motorists are not yet aware of it. He stated as they begin to use this second lane, it will allow for a smooth transition for motorists wishing to turn to Ouachita from Central. He noted that downtowns have traffic and pedestrians, and no one wants to sit on a park bench inches away from cars and large trucks traveling 40 mph. He stressed that CBID No. 3 is working, and there are five new businesses; pedestrians are strolling downtown; and local residents are coming to the area. He commented that tourists may find it necessary to stay an extra night to enjoy what is becoming a larger downtown. He urged the Board to keep CBID No. 3 intact and part of downtown. Mr. John Netzer, 130 Circle Drive, stated that the City has created a bottleneck on Central Avenue pointing out this has slowed traffic down; and motorists are using Gulpha Gorge rather than Bathhouse Row. He commented that he can realize the advantage for shop owners and everyone along Central Avenue, but this is putting the rights of a few above the majority of people in Hot Springs and the surrounding area. Ms. Brenda Hawkes, who owns 817, 819, 821 and 823 Central, also known as the Malco and Hot Springs Documentary Film Institute, said she has seen the progress that has been made over the past year and is impressed with the vision of what Hot Springs can be. She stated that she knows parking is an issue, but this is more than parking and Board of Directors Meeting 8 June 19, 2006 at 7:00 P.M. is about a safe community and a safe place for the visitors. She commented that her employees do not park on Central Avenue and is not aware of a business owner who would allow employees to take a paying customer=s parking space in front of their business. She requested that the Board leave the parking plan in place and give it a fair trial, such as a year. She submitted a petition with more than 550 signatures from visitors and the CBID No. 3 area who are appreciative for what the Board has done for the community. Ms. Karin Netzer, 130 Circle Drive, mentioned there is a parking garage within one, two or three blocks of any business and questioned why other parking is needed. Mr. Bob Driggers presented a packet of information and asked that it be made a part of the record of the meeting. He commended the appearance of CBID No. 3, except for the parking, and pointed out there are no bumpouts in CBID Nos. 1 and 2. He briefed the Board on the information he submitted stating if the Board votes in favor of this tonight, that means the Board is ignoring the following facts: (1) the Board is violating the Comprehensive Plan, code, programs, and planning of the MPO. The Board would be in violation with what Focus Garland County-Vision 2010 recommends, which is four lanes through all of Central Avenue; (2) making it a two-lane roadway permanently violates the City=s Comprehensive Plan and Code. He noted currently there is not a valid traffic survey. He added that a traffic survey should use traffic-flow data that does not conflict with the Arkansas State Highway and Transportation Department, and a true traffic flow should obtain input from the sheriff, police, fire and EMS, which this did not. He pointed out there is a letter from the Executive Director of the Advertising and Promotion Commission informing the Board this is detrimental to tourism and economic development and encourages ending the program. He said if the Board votes in favor of this, it is indicating the safety is as good or better now that the traffic goes slower. He noted at Ouachita, this is now forcing the 18-wheelers to get in the left-turn lane to turn right or get in the right-turn lane to turn left because they cannot go down Ouachita. He noted according to accident reports, there have been several injuries. He said six months prior to the trial period, there were no accidents; but there were 36 during the trial period. He stated the National Highway Traffic Safety Administration states that the main place for pedestrian accidents, behind intersections, is stepping out from behind cars or getting in and out of them. Director Maruthur questioned where he received the list of over 30 accidents, and Mr. Driggers stated it was from the Hot Springs Police Department. However, he does not have them with him but can provide them. Mr. Driggers said he had a petition with 500 signatures in opposition and recommended that the Board might want to postpone this or refer it to a referendum. Board of Directors Meeting 9 June 19, 2006 at 7:00 P.M.  Director Maruthur asked if he had called her and stated that he had petitions out and someone was taking them, and Mr. Driggers said that he did. He added that some have been removed. Director Maruthur said she would like to get copies of the petitions on both sides of the issue. Director Smith questioned Mr. Drigger=s address, and he stated it is P.O. Box 2284. However, he lives at No. 3 Stonegate in Stonegate Subdivision, which is not in the City. Mr. John Linehan, 340 Ouachita, stated he owns and operates the Hot Springs Brau Haus and is also a partner in Spencer=s Corner at 801 Central. He reported he is representing the employees and owners of The Brick House Grill, Garbanzos, Bridgeview Sports Tavern, Subway, Hot Springs Brau Haus, Salon Muzu Muzu, Christopher=s Bridal Shop, and Churchill=s Cigars. He mentioned on a Friday or Saturday night, there are approximately 6,000 people inside Spencer=s Corner at any given time; and additional parking has been a great asset. They are also seeing more local traffic downtown. Director Maruthur commented that a walk of the area was made in March to look at some of the problems downtown; and along the sidewalk area behind his business where he now has parking, there will be three more parking spaces for his business. Ms. Priscilla Davis, President of the Hot Springs Chapter 80 Arkansas Daughters of the Confederacy, said they own the Confederate Memorial Park; and she had signed up to speak against this. However, many of her issues have been addressed. She pointed out the parking garage is downtown, but no one is using it and questioned why there are so many parking spaces on the street when the garage is almost empty. She added that Hot Springs also needs a truck route, pointing out that any historic town she has visited with a downtown area that is tourist-friendly does not have large trucks traveling through the middle of downtown. Director Daniel pointed out that Hot Springs is very unique because it is surrounded by the National Park on two sides, which makes it difficult to have a truck route. Mr. Matt Grunauer, 100 Discovery Bay Lane, stated that the City has spent a lot of money and needs to give it time because the City is going to generate more revenue from the businesses. Director Edwards stated over the weekend, he has received eight telephone calls from residents who have to use Central Avenue traveling to and from their work; and they Board of Directors Meeting 10 June 19, 2006 at 7:00 P.M. see no benefit to the slow traffic. He said if he had a business downtown, he would not pay attention to the people who have to travel to work everyday; but they are citizens of the City and are to be considered also. Director Maruthur stressed that the City will not be removing trees, benches, sidewalks, or trash receptacles. She noted it is the property owners who are paying for the district. However, there was some City in-house work to assist them, as in CBID No. 2. She pointed out that passive security was recommended several times to Mr. David French and all those present at Mr. Ray Owen, Jr.=s office; and passive security is done in many forms, such as spheres and planters. There are areas, such as 800 Central, that definitely need protection; and the function of a governmental body is to protect the health, welfare and safety of its citizens. She said this is not a storefront issue but a public safety and economic issue that affects all of the people who drive in and around downtown Hot Springs. Changing from four lanes of traffic to two lanes has impacted all those who drive in and around downtown Hot Springs; and the two lanes, as it is today, increases the probability of road rage, injury to pedestrians, and drivers being rear-ended. She pointed out the Board does not have the credentials to determine what exactly is appropriate to ensure the highest protection to the citizens in this high-volume section of downtown. These conditions could cause injuries that could leave someone permanently injured or cause them to lose their life or the life of a loved one. She said it is only her opinion that any decision by the Board, which is not based on a sound, reasoned and thorough professional study, could be considered arbitrary, capricious, and unreasonable. She added the Board has a responsibility to make an informed decision regarding this high-volume section of highway, and everyone who drives this area and the surrounding area will be affected by this traffic design. The Arkansas State Highway and Transportation Department issued a permit based on the study by a qualified engineering consultant, but this study was not followed. According to No. 4 in a letter from the District No. 6 engineer, it states: Athe Arkansas Highway Department will not issue a new analysis to our present layout without a follow-up study conducted by a traffic engineering consultant.@ She said to the best of her knowledge, not one Board Member holds any certification in this area, only opinions, which do not qualify them to take the responsibility for the lives that could be placed at risk as a result of two lanes of traffic being closed. She pointed out Central Avenue is the busiest street in the City, noting the Board holds in its vote tonight the safety and welfare of all the people who must use this street or those who decide to shop downtown. On March 27, some Board Members, including her, met with the City Manager and City Engineer on Central Avenue and looked at the area between Spring covering all the area up to Market Street. They struggled to find something or some way to improve all the problems they observed. At the Board Agenda meeting on June 13, they still had a major discussion, disagreement, and confusion in regard to finding a solution to fix the traffic problems. This took place with two Board Members Board of Directors Meeting 11 June 19, 2006 at 7:00 P.M. absent. She commented that the Directors are not qualified to assess this situation; and now, a week later without a reassessment done by a qualified engineering consultant, the Board may vote to approve a permanent traffic plan. She pointed out that band-aids have been applied on a serious traffic situation that exists downtown, which is in an effort to try to make what has been done with the bumpouts less dangerous. The parking was allowed by the Board because it was presented as temporary to see if it would work, but there was no criteria placed on its success. She said that she feels it was a mistake. She pointed out the problems with accidents, discouraging people from shopping downtown, and the loss of a life because an ambulance, police car or fire truck in route to a hospital cannot get through the traffic. She said that she has an interoffice memo from the Arkansas State Highway and Transportation Department, which reads: A No. 2 - the traffic volumes on Central Avenue are too high to reduce the number of lanes; and No. 4 - each pedestrian intersection needs to be reviewed by the Arkansas State Highway and Transportation Department.@ She advised this is signed by the State Maintenance Engineer, Mr. Leonard Hall, and is available to anyone who wants a copy. She noted there is a total of 605 city employees; and many have expressed their opinion, stating that two lanes of traffic is crazy and hopefully the Board will return it to four lanes. Many have said that they just avoid downtown whenever they can. Others have said it is just common sense to open up the bottleneck. She noted this is a public safety issue, but not one of the 605 employees will make their opinions official because of retaliation. She said she has had many police officers, firefighters, and emergency responders say off the record that the bottleneck is making service to the public more difficult, not better. She pointed out that a downtown parking deck was built, but then the street was removed that led up to it. Now, the City offers it for free because people from out of town do not know how to access it. She stated the number of parking spaces that now occupy those two closed lanes is about 33. As in most businesses, many times the owners, including in CBID No. 2, occupy the parking places. However, that changes with whoever owns or manages the businesses. Fuel prices have increased, yet there is no concern for those that have no alternative but to sit in traffic and let the gas meter run. She mentioned that many people have jobs where they have to travel through a bottleneck, which causes them not only to spend more time trying to get to work but their gasoline money. She commented that people have traveled from their lake homes and turned around because they did not want to continue sitting in traffic. She mentioned that at the agenda meeting, she was asked to verify this; and Mr. Craig Wood had out-of-town visitors from Louisiana, who backed up to the Winery trying to get downtown to shop but returned to the lake. She questioned how the visitors can be protected and what would happen if a visitor or resident became ill and it was life-threatening while shopping in the area by the Whittington fountain, and they may not be able to make it to a hospital. She stated there are many people who experience chest pains or dizziness; and if they are in the north end of town shopping, they do not wait for an ambulance if they fear for their life. They just Board of Directors Meeting 12 June 19, 2006 at 7:00 P.M. drive to the emergency room at the hospital. She pointed out Central Avenue is the most important street in the entire city and is not an optional street but is the heart of the City. She said her vote tonight is not for or against this traffic plan, but her thoughts are with the firefighters, the police officers, all of the emergency responders, and those who have many health and safety concerns. She added Her vote tonight is to allow participation to all of the people of Hot Springs. She read a memo from Public Works Director Steve Mallett, which was written on November 17, stating Ait is our recommendation to hire the services of a quality traffic consultant who will produce a traffic master plan that will address this situation, meaning downtown, in conjunction with other main traffic lanes and signals. With the study in-hand, we look to federal grants and funding to achieve our goal.@ Director Maruthur said she has numerous letters to the editor and e-mails from people all over the City. She pointed out one from Mr. Castleberry, who had moved away but upon returning was not aware of the bumpouts and went through downtown at night. He was driving on bathhouse row and hit one of the bumpouts, which did hurt him; however, he is young and can easily recover. His concern is for older people and people who had surgery or bone density problems. She pointed out that no one is opposed to the aesthetic improvements downtown. She said she understands the parking because she was in favor of allowing the parking to see how it would work; but the other people who have been calling and e-mailing her have been opposed to it, except for one lady from Hot Springs Village. She commented it is not important where people live because if they shop downtown, they are at risk. She noted traffic is backed all the way up to Lauray=s and all the way to The Winery. If motorists try to get through, they cannot; and she believes there is something else the City can do to help CBID No. 3. City Manager Kent Myers clarified that the Traffic Master Plan has been funded in the past month by the Metropolitan Planning Organization, and the Board will receive a briefing on that during its work session. This includes all of Central Avenue, Higdon Ferry Road, and some of the County. Also, the Arkansas State Highway and Transportation Department has approved the plan as it exists today, and the Board cannot do anything on Central Avenue without approval of the Highway Department. He stated there have been numerous meetings with them, and they have approved what is in place today. Director Maruthur mentioned it was stated by someone that the Comprehensive Plan requires four lanes all the way through Central Avenue, and the MPO requires four lanes through Central. City Manager Kent Myers pointed out that the MPO does not have requirements of that type; therefore, they do not have any requirements or regulations in terms of the Comprehensive Plan. He added that is not a requirement but a planning guide; and if something were stated in the Comprehensive Plan, that is to serve as Board of Directors Meeting 13 June 19, 2006 at 7:00 P.M. guidance for the Board in making land use and zoning decisions. Director Maruthur asked if there was a follow-up study done by a consultant, and City Manager Kent Myers advised not since Peters & Associates did the original study. Director Maruthur said that she will submit this for the record. Assistant Mayor Daniel commented there have been mistakes made on this project as there have been on many projects, but a few mistakes do not mean eliminating the entire project but try to find a solution. He pointed out they create CBID districts for a reason and hopes the vision of the Board tonight is to proceed with what is in place and try to figure out what is best for all concerned. At this time Director Weatherford made a motion, duly seconded by Director Maruthur, to amend the resolution, which is to modify the curb island at Central and Ouachita (west side) by removing the bumpout and eliminate parking on Central southbound from Chapel to Ouachita as necessary to install an additional southbound through/right-turn traffic lane on Central at Ouachita. Upon discussion, Director Smith asked if that involved the loss of parking, and Public Works Director Steve Mallett explained that adding a right turn onto Ouachita from Central would involve eliminating all of the parking (four spots in front of the Goddard Hotel from Chapel Street down). The material cost of doing that is about $3,500. He explained when the concrete curb and sidewalk surface are eliminated, they will have to go back and undercut the street and put concrete down to lay asphalt over the top of it. They also have to move the wheelchair ramp back into the sidewalk and relocate a pedestrian post. He added if this continues on with the previous arrangement, this is about $8,000 worth of City labor; and equipment costs are around $2,000 to $3,000 to do that one item. He added that may have included the entire bumpout all the way around and may not cost that much if they just cut off the piece, but he is assuming they are not going to go all the way around Ouachita and remove that bumpout because it frames the parking. He stated cutting off that one piece is probably going to be $10,000 to $12,000, with part or all of it coming from CBID No. 3. Assistant Mayor Daniel asked if that will help the traffic flow, and Public Works Director Steve Mallett replied there are times when there will be two or three cars that might benefit from that. He said that he believes by eliminating the light at Ouachita and moving two lanes of traffic to cue all the way up to Market improved that intersection to allow cars to turn right. Director Maruthur said when the Board was presented with this originally, it was presented as temporary because everyone wanted the parking. One of the things that was presented was if it did not work out, there was money reserved by the CBID No. 3 Board of Directors Meeting 14 June 19, 2006 at 7:00 P.M. and would not be any expense to the City except for in-house assistance. She mentioned that is why everyone voted for it and agreed to try it and see the impact to the City. She said it is obvious that individuals are not going to have motorists cutting around others if there are only two lanes of traffic. She added it was the other part coming into Market Street and then coming down over from the Arlington to Lauray=s where there are problems. She stated that she believes removing a bumpout at Ouachita would be a good idea. She noted that the people who voted for it did it because the property owners are the ones who are paying for it; and if there are any problems, they would be paying for it because there was a perception that the City was doing everything. Public Works Director Steve Mallett said he is not clear as to whether or not to leave the two lanes between Ouachita and Market as two lanes because if that is the case, it allows motorists to go straight or turn right or questioned if the Board wants that to be a dedicated right-turn only and eliminate that other lane of traffic. Assistant Mayor Daniel said the southbound lanes are to be left as they are. Public Works Director Steve Mallett said it will stay two lanes and is not a dedicated right-turn lane and is either right or straight. Director Edwards asked if motorists will still be able to make a right-turn off Central onto Chapel going south, and Public Works Director Steve Mallett replied that they will. He added they are prohibited from making a left turn onto Chapel, but the right turns will continue to be permissible. City Manager Kent Myers questioned the $3,500 material cost and if the City can require CBID No. 3 to pay for that, and City Attorney Brian Albright said that is already in the reserve. Public Works Director Steve Mallett added there is money there for that based on the fact that the City continues with the labor agreement it has operated under, which is a part of the plan of improvements. Assistant Mayor Daniel then called for a vote on the motion to amend the resolution; and upon roll call, the following voted Aaye@: Directors Maruthur, Smith, Weatherford, Edwards, and Daniel, total 5. Voting Ano@: Director Jones. Absent and not voting: Mayor Bush; motion carried. Assistant Mayor Daniel then called for a vote on the motion to adopt the resolution, as amended; and upon roll call, the following voted Aaye@: Directors Jones, Smith, Weatherford, and Daniel, total 4. Voting Ano@: Directors Maruthur and Edwards, total 2. Absent and not voting: Mayor Bush; motion carried. Whereupon the resolution was declared adopted, as amended. Board of Directors Meeting 15 June 19, 2006 at 7:00 P.M. 17 Proposed Resolution No. R-06-217 A resolution entitled, AA RESOLUTION APPROVING THE EXTENSION OF HOT SPRINGS MUNICIPAL WASTEWATER SERVICE TO 104 STACY STREET WITH CITY PARTICIPATING IN EXTENSION COSTS,@ was taken from the agenda and read by title only. Upon discussion, Mr. Don Cochran, Utilities Director, advised that staff recommends approving the request for the wastewater service extension to 104 Stacy Street contingent upon the expense being borne by the property owner. The Utilities Department has received this request from Mr. and Mrs. Rash, and staff has given an estimate on the costs. The grinder pump station force main (370 feet of force main) and road repair would total $6,305. If the Board also approves waiving their connection fees, which includes the wastewater impact fee, pump maintenance, connection fee, inspection and the lateral kit, the total would be $1,700. If the Board approves all of these expenses being waived, it will be not to exceed $8,005. He clarified that construction costs are estimates. He explained that the property owners are making this request because their septic tank has failed, and they cannot afford the project. The City=s ordinance allows the Board to grant these requests in paying these expenses for property owners inside the city limits if the Board deems it is in the best interest of the City or solving a public health issue. Director Edwards questioned how many residents this will serve, and Mr. Cochran stated there are other homes in the neighborhood that are still on septic tanks. Therefore, if this line is extended, it will provide service to this homeowner; but it could provide service to additional homeowners in the neighborhood, which is three or four. He added there is a line item in the Wastewater Collections Budget for sewer to unsewered areas; and whenever he spends those funds, he comes to the Board with these type of requests. The Board then makes those decisions on a case-by-case basis. A motion was made by Director Weatherford, duly seconded by Director Jones, that the City pay for the line up to the corner, which is 370 feet of two inch line, and would make sewer available to these residents and others in the neighborhood. Director Maruthur commented that these residents have a septic tank and live in the City, and the City has to run lines even though it was at the developer=s or homeowner=s cost miles outside the City. She said the City is trying to get people to stay inside the city limits and get away from the septic tank. Many residents do have septic tanks but are not making requests to the City for sewer because they do not have to pay Board of Directors Meeting 16 June 19, 2006 at 7:00 P.M. those other charges that are incurred every month. She stated when the septic tanks go out, the City Manager made it clear that the City has money reserved for this; but she does not believe it has been used for a couple of years. City Manager Kent Myers noted that the money is available anytime the Board wants to use it. Mr. Don Cochran, Utilities Director, clarified that the City spent this money just recently at 704 Euclid but has not spent this money or any other city funds to extend water or sewer lines outside the city limits. All of those costs are borne by the developer. Director Maruthur pointed out that once they do it, the City becomes responsible for it; and because of that, another station was built since there were too many services provided and overextended. Mr. Jeremy Rash, 104 Stacy, stated he owns the property and is on an old septic tank and has been having some drain problems. He stated that either he gets help from the City or the City does not help him, and he has the expense of hooking onto sewer himself or have the expense of replacing a complete septic system. Director Smith advised that he cannot install a new septic system and will have to connect to City sewer. He asked how long he has lived at this address, and Mr. Rash said he has lived there approximately 12 years. Director Smith asked if there are other residents in the area who are in similar situation, and Mr. Rash said that he has not talked with anyone but added there are seven other homes and a couple of mobile homes on Stacy. Therefore, they will benefit from it. Director Smith said he believes the City should look at this and the surrounding area and give everyone a chance to share the cost. Assistant Mayor Daniel asked if the other homes are on septic tanks, and Mr. Don Cochran, Utilities Director, advised there is one home that went on City sewer on Stacy Street about three or four years ago. However, the rest of the homes are on septic tanks. He commented that the 370 feet will bring it up to Mr. Rash=s home and this is probably looking at another 400 feet of pipe to get every home. City Manager Kent Myers said if the Board would like to proceed with the recommendation from Director Smith to create a neighborhood approach to this situation, the Board would need to table the resolution tonight and allow staff time to gather the cost for extending the sewer on down Stacy and also meet with the residents of that area to see if they are interested in tying onto the sewer if the Board approved that extension. Board of Directors Meeting 17 June 19, 2006 at 7:00 P.M.  Director Maruthur commented she wants to help Mr. Rash and would like to see him and his family stay in the City and wants to encourage other people to buy and live in the City. She said the City needs to help the citizens who need assistance in getting water and sewer, and she is going to support this. A motion was made by Director Smith, duly seconded by Director Weatherford, to table the resolution to July 10 and allow staff time to do more research and visit the residents in this area and see if the City can help everyone at one time and get a better assessment of the situation. Upon discussion, Mr. Cochran said they will contact the residents to see if they are interested. Director Maruthur asked Mr. Rash if is he is now able to use his services, and Mr. Rash replied that they are able to function. Director Weatherford asked if it is mandatory for these resident to tie onto the sewer if the City runs this line down Stacy Street, and Mr. Cochran advised that the practice has been as long as their septic tank is functioning, they will not be required to tie on. He stated the authority over the septic tanks is the Health Department; although their state law says if they are within 300 feet of a municipal sewer line, they are to tie onto it. However, their practice has been that until their septic tanks fails, they will not require someone to connect to it; but the residents will not be allowed to get another permit for their septic tank and will have no other choice than to tie onto the City sewer. Assistant Mayor Daniel then called for a vote on the motion to table the resolution until July 10; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, and Daniel, total 5. Voting Ano@: Director Edwards. Absent and not voting: Mayor Bush; motion carried. 18 Proposed Resolution No. R-06-218 A resolution entitled, AA RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY EMERGENCY DWELLING UNIT AT 908 RECTOR PURSUANT TO ORDINANCE NO. 4948,@ was taken from the agenda and read by title only. Board of Directors Meeting 18 June 19, 2006 at 7:00 P.M.  A motion was made by Director Maruthur, duly seconded by Director Jones, that the resolution be adopted as read. Upon discussion, Deputy City Manager Lance Hudnell explained there is a provision in the code that allows for someone to use either a recreational-type vehicle, a mobile home and/or a manufactured home on a temporary basis up to six months when they are reconstructing or remodeling at a permanent dwelling. There is a home at 908 Rector that has suffered some fire damage and has other problems, and the party has recently bought that and wishes to renovate the property. They are requesting placement of a 36-foot Windsong recreational-type motor home on the site during this time, and this resolution will grant them to December 31, 2006. He advised it allows them to request a six-month extension after that but no longer than that. Director Smith questioned how long ago the applicant purchased this property, and Mr. Ron Costello stated it has been three weeks. Director Smith stressed that he will be issued a temporary permit, and he has to be making progress and try to get this house, which is badly damaged, in good condition. He asked if he will be able to do all of the work himself, and Mr. Costello said that he will hire part of it. He added that he has received an electrical and building permit. Director Smith commented that he received a call from one of the neighbors, who is in support of him. Director Edwards stated that Mr. Leland Garner, his neighbor, contacted him and said he would help him. Director Smith questioned who owns the motor home, and Mr. Costello said that he and Beverly Costello own it. Assistant Mayor Daniel then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the resolution was declared adopted. 19 Proposed Ordinance No. O-06-48 An ordinance entitled, AAN ORDINANCE ACCEPTING OAK CREEK DRIVE AS A PUBLIC STREET; AND FOR OTHER PURPOSES,@ was taken from the agenda for consideration. Board of Directors Meeting 19 June 19, 2006 at 7:00 P.M.  A motion was made by Director Maruthur, 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 Weatherford, that the ordinance be passed as read. Upon discussion, Public Works Director Steve Mallett explained that the developer proposes a median separating the two opposing lanes and informed him that the City would not be maintaining any landscaping within that median. Director Smith questioned if he was clear on that, and Mr. Mallett commented that he is; but he does have the option if he wants to put in concrete or rock, the City will maintain that but not any landscaped areas. Assistant Mayor Daniel then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the ordinance was declared passed. 20 Proposed Ordinance No. O-06-49 An ordinance entitled, AAN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR AN ANNUAL SUPPLY CONTRACT FOR CERTAIN FIREFIGHTING EQUIPMENT (TURNOUT EQUIPMENT),@ 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 AShall the ordinance be passed as read?@ and upon motion of Director Smith, duly seconded by Director Edwards, that the ordinance be passed as read; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the ordinance was declared passed. 22 Proposed Ordinance No. O-06-51 Board of Directors Meeting 20 June 19, 2006 at 7:00 P.M.  An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 640 ARKRIDGE ROAD (WOODLAND ESTATES CONDOMINIUMS) FROM R-1, RURAL RESIDENTIAL, TO RL, LAKE AREA RESIDENTIAL,@ 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 AShall the ordinance be passed as read?@ and upon motion of Director Edwards, 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, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the ordinance was declared passed. 23 Proposed Ordinance No. O-06-52 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 517, 519 AND 521 FILES ROAD, FROM R-2, SUBURBAN RESIDENTIAL DISTRICT, TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY DISTRICT,@ was taken from the agenda for consideration. A motion was made by Director Smith, duly seconded by Director Jones, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Smith, duly seconded by Director Weatherford, that the ordinance be passed as read; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the ordinance was declared passed. 24 Proposed Ordinance No. O-06-53 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 4216 CENTRAL AVENUE Board of Directors Meeting 21 June 19, 2006 at 7:00 P.M. FROM PD, PLANNED DEVELOPMENT DISTRICT, TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY DISTRICT,@ was taken from the agenda for consideration. A motion was made by Director Weatherford, 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 AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by Director Edwards, that the ordinance be passed as read; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the ordinance was declared passed. 25 Proposed Ordinance No. O-06-54 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING 2289 HIGDON FERRY ROAD FROM R-1, RURAL RESIDENTIAL DISTRICT, TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY DISTRICT,@ was taken from the agenda for consideration. A motion was made by Director Weatherford, 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 AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by Director Jones, that the ordinance be passed as read. Upon discussion, Ms. Ann Love-Poole, owner of the property at 2289 Higdon Ferry Road, said she requested that it be rezoned. She stated that she resides on Glade Street but owns this property, which has been rented to a couple who has been there for seven years. She added other property in this area is zoned C-4. Director Smith pointed out that the Planning Commission unanimously recommended this rezoning. Assistant Mayor Daniel then called for a vote on the motion to adopt; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, Board of Directors Meeting 22 June 19, 2006 at 7:00 P.M. and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the ordinance was declared passed. 26 Proposed Ordinance No. O-06-55 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING COCA BAY SUBDIVISION, FROM R-1, RURAL RESIDENTIAL, TO RL, LAKE AREA RESIDENTIAL DISTRICT,@ was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Maruthur, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by Director Smith, that the ordinance be passed as read; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the ordinance was declared passed. 27 Proposed Ordinance No. O-06-56 An ordinance entitled, AAN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS, BY REZONING PRETTI POINT FROM R-1, RURAL RESIDENTIAL DISTRICT, TO C-4, REGIONAL COMMERCIAL/OPEN DISPLAY DISTRICT,@ was taken from the agenda for consideration. A motion was made by Director Edwards, duly seconded by Director Weatherford, that the rules be suspended and the ordinance be read for the first time by title only; and upon voice vote, the motion unanimously carried. The ordinance was then read for the first time by title only; and upon the question AShall the ordinance be passed as read?@ and upon motion of Director Weatherford, duly seconded by Director Edwards, that the ordinance be passed as read; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the ordinance was declared passed. Board of Directors Meeting 23 June 19, 2006 at 7:00 P.M. 28 Proposed Ordinance No. O-06-57 (Waiving the Requirement of Competitive Bidding for the Provision of Community Fireworks Displays and Appropriating Donations). City Manager Kent Myers stated this ordinance needs to be tabled until the next Board Meeting (July 10) since there will be a new Assistant Mayor at that meeting. Assistant Mayor Daniel explained that every year there is a fireworks show on the lake, and money is collected from individuals around the lake and businesses in town. That money is donated to the City at no cost to the City. Because he is Assistant Mayor and is the producer of the fireworks, he said it seems to be more appropriate to consider this when the new Assistant Mayor is presiding. A motion was made by Director Smith, duly seconded by Director Weatherford, that the ordinance be tabled until the July 10 meeting; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. 5 Public Safety Report City Manager Kent Myers advised that two citizens signed up to speak to the Public Safety Report (Connie Barksdale and Rick Gale), but these citizens are no longer in attendance. A motion was made by Director Jones, duly seconded by Director Weatherford, that the Public Safety Report be approved as submitted; and upon voice vote, the motion unanimously carried. 11 Proposed Resolution No. R-06-211 A resolution entitled, AA RESOLUTION WAIVING CONSTRUCTION PERMIT FEES FOR SAMARITAN MINISTRIES FOR 2006,@ was taken from the agenda and read by title only. City Manager Kent Myers advised he requested this be removed from the Consent Agenda because new information has been submitted regarding a wastewater easement. Board of Directors Meeting 24 June 19, 2006 at 7:00 P.M.  Mr. Don Cochran, Director of Utilities, advised that he has been working with Samaritan Ministries for several months in obtaining a wastewater easement to relocate a wastewater line. The existing line currently goes under one of their buildings, and the City needs to do some work in the neighborhood to improve the existing wastewater system. He said he thought he had an agreement with them on the easement; but on Thursday afternoon, they sent an agreement that had several items with which the City had issues. He advised that all issues have been worked out except for one, and that is they did not want to grant the City the easement until their plans had been approved by Planning. He said that he informed them he could not negotiate that, but the City could delay on the easement until their plans were approved, then they would grant the City the easement. City Manager Kent Myers reported that he talked to Mr. Mike Scott, Chief Building Official, today; and he has not had an opportunity to approve the plans. However, he indicated the plans look fine; and he anticipated permitting this project within the next two to three days. He suggested that the Board approve the resolution with the understanding that the easement will be granted once the building permit is issued by the City. Directors Weatherford and Smith questioned if the City wanted to do that before all issues are worked out. Mr. Charles Laggan, president of the board, Samaritan Ministries of Hot Springs, stated that they are prepared to proceed with construction as soon as their plans are approved, which they understand should be happening this week. He said, in his opinion, this would be a hardship if it were to be tabled until July 10. He explained they are prepared to proceed and move ahead with the City and grant that easement. He added that he has been to the Planning Commission and is waiting for the building permit. He added their plans were submitted on June 2. Deputy City Manager Lance Hudnell said that some clarification is needed from the Board if it decided to table the resolution because one of the issues of approving the plans is that they have paid their building permit fees. He stated they are asking to have those fees waived, which normally they pay the fees before the City starts the process of reviewing the plans. If the Board wants to table it, staff needs some direction that it is permissible to issue the permit without the fees being paid. Assistant Mayor Daniel questioned at the time they issue the permit, if the easement will be signed; and Mr. Laggan said they are prepared to move ahead with that tomorrow. Board of Directors Meeting 25 June 19, 2006 at 7:00 P.M.  City Manager Kent Myers commented this is a nonprofit agency, and they have a partnership with the City. He said he believes the Board has to take them on their word that they are going to proceed with dedication of the easement as they have committed in writing to Mr. Cochran. He suggested that the Board not hold their project several more weeks and proceed on their oral and written commitment. Assistant Mayor Daniel asked if it is in writing that they are going to give the City the easement, and City Attorney Brian Albright said if he is asking from a legal standpoint, the resolution is not worded in such a way that it would restrict the waiver contingent upon the receipt of the easement. He advised if a Director wants to make a motion to amend the resolution so that the construction permit fees are waived contingent upon receipt of the written easement, then that is fine. A motion was made by Director Jones, duly seconded by Director Maruthur, that the resolution be amended as follows: Aconstruction permit fees are waived contingent upon receipt of the written easement,@ and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. A motion was made by Director Jones, duly seconded by Director Weatherford, that the resolution be adopted, as amended; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the resolution was declared adopted, as amended. 16 Proposed Resolution No. R-06-216 A resolution entitled, AA RESOLUTION AWARDING A CONTRACT TO HELLER COMPANY, INC. FOR CONSTRUCTION OF HOLLYWOOD TRAIL, PHASE I, OF HOT SPRINGS CREEK GREENWAY,@ was taken from the agenda and read by title only. A motion was made by Director Jones, duly seconded by Director Smith, that the resolution be adopted as read. Upon discussion, Ms. Jean Wallace, Parks and Recreation Director, explained that the low bid that met all specifications was $158,000. The project is partially funded by a Highway Department grant of $100,000; Friends of the Parks has offered to give a Board of Directors Meeting 26 June 19, 2006 at 7:00 P.M. donation of $43,000; and the remaining $15,000 will come from the Parks and Recreation Donations account, which is money collected through the years from private citizens. Director Weatherford said one of the donation is from City Parks Donation Expense account and the other one is Parks Donation account and asked for an explanation. Ms. Wallace explained that the Parks Donation account is a General Donation account that through the years has been receiving donations from citizens for park and open space development. She stated the Greenway Donation account was specifically for people who wrote Hot Springs Creek Greenway on their donation check. She explained they are both donation accounts but have been separated into two different funds. Director Weatherford commented that it says Aof the remaining $58,000 needed for bid award, $15,000 is from the City=s Park Donation Expense account made up of $6,000 from Parks Donation account and $9,000 from the Greenway Donation account.@ Ms. Wallace explained by approving the contract, this is approving her transferring the money out of the donation account, which is a revenue account, into an expense account so she can spend it. She stated the $9,000 and $6,000 will be transferred into the Expense account so that can be designated toward the contract. Director Weatherford said he wanted to be sure these are not City funds, and Ms. Wallace replied they are private donations. Deputy City Manager Lance Hudnell pointed out that a budget transfer was not included in the resolution. A motion was made by Director Weatherford, duly seconded by Director Smith, that resolution be amended to include the budget transfer as specified in the Board Action Form; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Assistant Mayor Daniel then called for a vote on the motion to approve the resolution, as amended; and upon roll call, the following voted Aaye@: Directors Maruthur, Jones, Smith, Weatherford, Edwards, and Daniel, total 6. Absent and not voting: Mayor Bush; motion unanimously carried. Whereupon the resolution was declared adopted, as amended. OTHER BUSINESS Board of Directors Meeting 27 June 19, 2006 at 7:00 P.M. 30 Board of Directors Items Director Edwards reported that garage sale signs are not to be posted on utility poles. Director Maruthur stated there was a block party yesterday on Ramble Street and expressed appreciation to those who did the cooking and the work. Also, mosquito larvae blocks are available in cooperation with the County Judge and the Arkansas Department of Health at no cost. Citizens can get these blocks, which are environmentally safe, at 600 Main Street, Suite Q, and the Garland County Conservation Office. She reported graphics are shown for lights, obstructions around the corner, and water conservation and commended the Public Information Department for their work. She announced a letter of commendation was received from field office director Bessie M. Jackson, Department of Housing and Urban Development, regarding the CDBG Program and Mr. Nelson Self, the City=s CDBG Coordinator. Director Smith extended well wishes to Mayor Mike Bush for a speedy recovery and commended Assistant Mayor Tom Daniel in conducting the meeting tonight. Director Jones stated that Mayor Bush has been on the prayer list. Director Weatherford commended Public Works Director Steve Mallett and his department for all the work and changes made in CBID No. 3. Assistant Mayor Daniel announced that beginning in July, the new Assistant Mayor will be Director Carroll Weatherford. 31 City Manager=s Report City Manager Kent Myers gave the following report: 1. On the Consent Agenda, the Board approved a resolution accepting the CDBG Grant for this year. The final amount was $418,862, which is down from the previous years since federal funding is being cut. In order to offset that loss, City staff is pursuing other grants. The City approved an application for another $100,000 grant from the Home Loan Bank of Atlanta, Affordable Housing Program. Today, City staff met with the West Central Planning District to started on a grant application for HOME funding. Mr. Nelson Self, CDBG Coordinator, is spearheading that effort and commended him for his efforts. He stated that Director Maruthur referenced a letter the City received from HUD on June Board of Directors Meeting 28 June 19, 2006 at 7:00 P.M. 8 that commends the staff of the City, which is primarily Mr. Nelson Self. The letter stated that it congratulated the City on its many accomplishments during the past year and looked forward to working with the City in the upcoming year. This was sent by the field office director for Arkansas, Ms. Bessie Jackson. Also, on the Consent Agenda, the Board approved the meeting schedule for the next six months. Since July 4 is on a Tuesday, the next regular Board Meeting will be Monday, July 10. The Board will have a work session on July 24, at 5 p.m. If there is a need to act on additional items prior to August, the Board can add that to the work session agenda. The mid-year budget meeting will be Monday, July 31. 2. The City is continuing interviews for the Planning and Development Director, and there will be a final interview on Wednesday, June 28. 3. There are two ceremonies this next week with regard to new facilities. Tomorrow at 9:30 a.m., there will be a groundbreaking on a new wastewater treatment plant on Winkler Road, off South Moore Road, toward Lake Hamilton School. This Friday, at 9:30 a.m., there will be a dedication of the major improvements to Kimery Park. 4. He reported that he called Mayor Bush prior to the meeting, and his doctor indicated he is progressing on schedule. 5. He congratulated Director Bill Edwards for his award as Alderman of the Year for the State of Arkansas at last Friday=s Arkansas Municipal League meeting. 32 ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:45 p.m., to meet again on Monday, July 10, 2006, at 7:00 p.m. ATTEST: _____________________ APPROVED:__________________ Lance Hudnell, City Clerk Carroll Weatherford Assistant Mayor Board of Directors Meeting 29 June 19, 2006 at 7:00 P.M.