Garland County Leadership Prayer Breakfast- Gary Carnahan

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1 Tuesday, August 19, 2014 Board of Directors Meeting No. 15 City of Hot Springs, Arkansas Board Chambers, City Hall Invocation- Dr. Steve Lake Pledge of Allegiance led by Mayor Ruth Carney Call to Order Order of Business Subject 1. Roll Call of Board of Directors 2. Consider Approval of the Agenda 3. Consider Approval of Minutes of Board Meeting Regular Meeting held on August 5, 2014 Special Meeting held on July 29, 2014 Special Meeting held on August 12, Recognition of Guests Garland County Leadership Prayer Breakfast- Gary Carnahan 5. Consider City Manager s Report 6. Board of Directors Announcements Regarding Upcoming Events CONSENT AGENDA SECTION Items placed in this section are a matter of routine business which shall not involve discussion by the Board and/or the public. The Consent Agenda will be voted on in mass. However, if any two Directors so desire, individual items may be discussed and/or voted on as a separate matter of business. 7. Consider Resolution No. R A Resolution Awarding A Contract To Environmental Process Systems, Inc For The Ouachita Water Treatment Plant Raw Water Pump And Backwash Feed Line Improvements Project. $208, Consider Resolution No. R A Resolution Awarding A Contract To B&F Engineering For Certain Professional Services, (Engineering Services For Water Line Improvement Project). $53, Consider Resolution No. R A Resolution Authorizing Purchase Of Sensus Water Meters From HD Supply In Accordance With OrdinanceNo $75, Consider Resolution No. R A Resolution Awarding A Contract To Cliff Childress Construction For Stormwater Drainage Repairs And Improvements, Phase II. $209, PUBLIC HEARING 11. Consider A Public Hearing On The Possible Vacation Of A Portion Of A Certain Street Right-Of-Way Located In The Forest Lakes Garden Homes Subdivision, Phase 2A. 1

2 NEW BUSINESS 12. Consider Ordinance No. O An Ordinance Vacating A Portion Of A Certain Street Right-Of-Way Located In The Forest Lakes Garden Homes Subdivision, Phase 2A; And For Other Purposes. 13. Board of Directors Comments. 14. Adjournment BOARD COMMENTARY (NO ACTION) PUBLIC COMMENTARY 2

3 City of Hot Springs, Arkansas Board of Directors Regular Meeting Minutes Tuesday, August 5, 2014 Board Chambers, City Hall Invocation by Greg Bearss Pledge of Allegiance to the Flag led by Mayor Ruth Carney Call to Order Meeting called to Order by Mayor Ruth Carney at 7:00 p.m. 1. Roll Call by City Clerk Lance Spicer Present 7- Directors Suzanne Davidson-District 1, Elaine Jones-District 2 Becca Clark-District 3, Pat McCabe-District 4, Karen Garcia-District 5, Randy Fale-District 6 and Mayor Ruth Carney. Absent none. Also present City Manager David Watkins and City Attorney Brian Albright. 2. Consider Approval of the Agenda Motion to Approve the Agenda Director Karen Garcia made a motion, duly seconded by Director Elaine Jones to approve the agenda. Roll Call Mayor Carney called for a vote on the Motion to Approve the Consent Agenda; and upon roll call, the following voted aye Directors Davidson, Jones Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting no none, total 0; motion carried Consider Minutes of the Board of Directors Meeting: Regular Meeting held on July 15, 2014 Motion to Approve the Minutes as Presented. Director Randy Fale made a motion, duly seconded by Director Karen Garcia to approve the minutes as presented. Upon voice vote, the motion unanimously carried Recognition of Guests Mayor Carney welcomed Bryant City Clerk Heather McKim, who presented Deputy City Clerk Leslie Kauffman with her Certified Arkansas Municipal Clerk accreditation certificate. 5. City Manager s Report City Manager David Watkins reported on the following items: Congratulated our local Sister City Program on being recognized as one of only four other American cities recognized by the Japanese Foreign Minister. Praised City Staff for continued work on finding and repairing water leaks, and over the past couple of years, staff has reduced the amount of leaks by 50%. Acknowledged that the city s water rates are the 29 th lowest in the state of Arkansas. 3

4 6. Board of Directors Announcements Director Suzanne Davidson Summerfest on Park Avenue is held on the second Saturday of the month. This month there will be a salsa competition. Invited the public to attend Birth of An Artist on Friday night at 7:00 pm at the Embassy Suites Hotel. Director Elaine Jones Congratulated Jim Fram on being selected to go to the White House to represent our city. Director Karen Garcia Announced that there will be a District 5 Community Meeting on August 7, at 4:30 at the Forest Lakes Clubhouse. Max Sestili will be the guest speaker. Mayor Ruth Carney Welcomed those individuals in attendance who will be appointed to several Boards, Commissions and Committees. CONSENT AGENDA Motion to Approve the Consent Agenda A motion was made by Director Pat McCabe, duly seconded by Director Becca Clark, that the Consent Agenda be approved. Roll Call Mayor Carney called for a vote on the Motion to Approve the Consent Agenda; and upon roll call, the following voted aye Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting no none, total 0; motion carried 7-0. The Consent Agenda consisted of the following: 7. Consider Resolution No. R A Resolution Extending An Agreement Between The City Of Hot Springs, Contexte Implementation Services, The Administrative Office Of The Courts And The Garland County District Court For Case Management System Support Services. 8. Consider Resolution No. R A Resolution Approving The City Of Hot Springs Financial Statements For June, Consider Resolution No. R A Resolution Accepting A Growing Healthy Communities Grant From The Arkansas Coalition For Obesity Prevention. $2,150 grant funds 10. Consider Resolution No. R A Resolution Awarding A Bid To Big Tex Trailer Manufacturers Inc. For Equipment Trailers. (1-Sewer Collection, 2-Utility Admin) $49, Consider Resolution No. R A Resolution Awarding A Contract To Denali dba Terra Renewal For Certain Professional Services, (Removal Of Backwash Residual At The Lakeside And Ouachita Water Plant). $60, Consider Resolution No. R A Resolution Awarding An Annual Supply Contract (ASC) To HD Supply Waterworks For Smith Blair Parts. Not to exceed budgetary constraints 4

5 13. Consider Resolution No. R A Resolution Awarding A Bid To Evans Enterprises For Vertical Turbine Motors For Use At The Ouachita Water Plant. (1-450HP Vertical, 1-600HP Vertical) $53, Consider Resolution No. R A Resolution Fixing A Time And Date For A Public Hearing To Vacate A Portion Of A Certain Street Right-Of-Way Located In The Forest Lakes Garden Homes Subdivision, Phase 2A. 15. Consider Resolution No. R A Resolution Appointing Darren Clark To The Airport Advisory Committee. 16. Consider Resolution No. R A Resolution Appointing Michael Dugan To The Board Of Zoning Adjustment/ Board Of Adjustments and Appeals (BZA/BAA). 17. Consider Resolution No. R A Resolution Appointing Michael Ferguson To The Civil Service Commission. 18. Consider Resolution No. R A Resolution Appointing Michael Pettey To The Historic District Commission. 19. Consider Resolution No. R A Resolution Appointing Richard McGrew and Brian White To The Planning Commission. 20. Consider Resolution No. R A Resolution Appointing Bob Reddish To The Transportation Advisory Committee. 21. Consider Resolution No. R A Resolution Appointing Byron Cole Rhodes To The Urban Forestry Advisory Committee. 22. Consider Resolution No. R NEW BUSINESS A Resolution entitled, A Resolution Awarding A Contract To Quality Construction For Community Development Block Grant (CDBG) Concrete Construction Projects, was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Becca Clark, duly seconded by Director Elaine Jones. Discussion Gary Carnahan, City Engineer spoke to the item. Speakers: none Directors: Karen Garcia, Elaine Jones Roll Call: Mayor Carney called for a vote on the Motion to Adopt; and upon roll call, the following voted aye Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting no, none, total 0; motion carried 7-0 Whereupon the Resolution was declared adopted 5

6 23. Consider Resolution No. R A Resolution entitled, A Resolution Awarding A Contract To Hurst Concrete Construction, Inc. For Community Development Block Grant (CDBG) Concrete Construction Projects, was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Elaine Jones, duly seconded by Director Suzanne Davidson. Discussion Gary Carnahan, Utilities Director spoke to the item. Speakers: none Roll Call: Mayor Carney called for a vote on the Motion to Adopt; and upon roll call, the following voted aye Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting no, none, total 0; motion carried 7-0 Whereupon the Resolution was declared adopted 24. Consider Resolution No. R A Resolution entitled, A Resolution Authorizing The Mayor To Execute A Lease Agreement With GRGCB, LLC, was taken from the agenda and read by title only (City Attorney). Motion to Adopt as Read: Thereafter, a motion to adopt as read was made by Director Elaine Jones, duly seconded by Director Becca Clark. Discussion David Watkins, City Manager and Brian Albright, City Attorney spoke to the item. Speakers: Gary Gibbs, GRGCB, LLC, Roll Call: Mayor Carney called for a vote on the Motion to Adopt; and upon roll call, the following voted aye Directors Davidson, Jones, Clark, McCabe, Garcia, Fale and Mayor Carney, total 7. Voting no, none, total 0; motion carried 7-0 Whereupon the Resolution was declared adopted 25. Board of Directors Items for Discussion BOARD COMMENTARY 26. ADJOURNMENT There being no further business to come before the Board, a motion was made by Director Elaine Jones, duly seconded by Director Becca Clark, that the meeting be adjourned; and upon voice vote, the motion unanimously carried 7-0. The Meeting adjourned at 7:40 p.m. to meet again on Tuesday, August 19, 2014, at 7:00 p.m. ATTEST: Lance Spicer, City Clerk APPROVED: Ruth Carney, Mayor 6

7 City of Hot Springs, Arkansas Board of Directors Special Meeting #5 Minutes Tuesday, July 29, 2014 Board Chambers, City Hall 1. Meeting called to Order by Mayor Ruth Carney at 5:00 p.m. 2. Roll Call by City Clerk Lance Spicer Present 7 Directors Suzanne Davidson-District 1, Elaine Jones-District 2, Becca Clark-District 3, Pat McCabe-District 4, Karen Garcia-District 5, Randy Fale-District 6 and Mayor Ruth Carney. Also present David Watkins, City Manager, and Brian Albright, City Attorney. Absent none. Prior to the Executive Session, the Board of Directors interviewed various applicants in attendance. EXECUTIVE SESSION 3. Executive Session to Consider Appointments to Various Boards, Commissions and Advisory Committees A motion was made by Director Randy Fale, duly seconded by Director Karen Garcia, to adjourn into executive session to discuss candidates for various boards, commission and advisory committees; and upon voice vote, the motion unanimously carried 7-0. The Board adjourned into executive session at 5:30 p.m. RECONVENE INTO OPEN SESSION 4. Consider Any Action as a Result of the Executive Session The Board reconvened into open session at 5:55 p.m. Mayor Carney announced that the results of the executive session to consider discussing candidates for various boards, commissions and advisory committees were as follows: 5. Adjournment The following appointments to various Boards, Commissions and Committees are to be approved by Resolution at the next Board Meeting: a. Airport Advisory Committee-Darrin Clark b. BZA/BAA-Michael Dugan c. Civil Service Commission-Michael Ferguson d. Historic District-Michael Pettey e. Planning Commission-Richard McGrew and Brian White f. Transportation Advisory Committee-Bob Reddish g. Urban Forestry-Byron Cole Rhodes There being no further business to come before the Board, Director Elaine Jones made a motion, duly seconded by Director Karen Garcia that the special call meeting be adjourned, and upon voice vote, the motion unanimously carried 7-0. The meeting adjourned at 5:58 p.m. to meet again on Tuesday, August 5, 2014, at 7:00 p.m. ATTEST: Lance Spicer, City Clerk 7 APPROVED: Ruth Carney, Mayor

8 City of Hot Springs, Arkansas Board of Directors Special Meeting #6 Minutes Tuesday, August 12, 2014 Board Chambers, City Hall 1. Meeting called to Order by Mayor Ruth Carney at 4:20 p.m. 2. Roll Call by City Clerk Lance Spicer Present 7 Directors Suzanne Davidson-District 1, Elaine Jones-District 2, Becca Clark-District 3, Pat McCabe-District 4, Karen Garcia-District 5, Randy Fale-District 6 and Mayor Ruth Carney. Also present David Watkins, City Manager, and Brian Albright, City Attorney. Absent none. 3. Adjourn into Executive Session A motion was made by Director Randy Fale, duly seconded by Director Karen Garcia, that the board adjourn into executive session to consider the quarterly evaluation of the City Manager. Upon voice vote, motion unanimously carried 7-0 The Board adjourned into executive session at 4:23. Reconvene to Open Session The Board reconvened into open session at 6:40 with Mayor Carney stating that no action was to be taken at that time. 3. Adjournment There being no further business to come before the Board, Director Elaine Jones made a motion, duly seconded by Director Karen Garcia the meeting be adjourned; and upon voice vote, motion unanimously carried 7-0. The Meeting adjourned at 6:45 p.m. to meet again on Tuesday, August 19, 2014, at 7:00 p.m. ATTEST: Lance Spicer, City Clerk APPROVED: Ruth Carney, Mayor 8

9 CITY OF HOT SPRINGS AGENDA ITEM #7 BOARD ACTION REQUEST DISTRICT: City Wide Date Submitted: August 5, 2014 Date Action Requested: August 19, 2014 Type of Ac tion Requested: Resolution Ordinance Formal Action/Motion Other R SUBJECT: Award Contract to Environmental Process Systems, Inc. for the Ouachita Water Treatment Plant Project (Backwash Line and Raw Water Pump) RECOMMENDATION: Staff recommends award of contract with Environmental Process Systems, Inc. for installation of the Raw Water Pump and Backwash Feed Line Improvements effort. Contract amount is $208, DISCUSSION: The Ouachita Plant project noted above will enhance plant operability, reliability and provide much need redundancy in the affected areas. This project was designed by Crist Engineers as a plant improvement as part of their overall efforts to increase plant production and reliability. After review of all (4ea) bids the Crist recommendation was to award to the low bidder, Environmental Process Systems, Inc. FISCAL IMPACT: $208, Funding will be provided via the 2014 Bond monies. ALTERNATIVES: Deny staff recommendation. Prepared by: Gary Carnahan, City Engineer Approved by: David Watkins, City Manager 9

10 RESOLUTION NO. R A RESOLUTION APPROVING A CONTRACT TO ENVIRONMENTAL PROCESS SYSTEMS, INC FOR THE OUACHITA WATER TREATMENT PLANT RAW WATER PUMP AND BACKWASH FEED LINE IMPROVEMENTS PROJECT. WHEREAS, competitive bids for certain goods and services have been received and evaluated in accordance with Ordinance No. 5387; and that WHEREAS, City staff has evaluated all bids received and recommends award of the bid to Hurst Concrete Construction, Inc. NOW, THEREFORE, BE IT RESOLVED By The Board Of Directors Of The City Of Hot Springs, Arkansas; SECTION 1. That the Mayor is hereby authorized and directed to execute a contract with Environmental Process Systems, Inc for the Ouachita Water Treatment Plant Raw Water Pump and Backwash Feed Line Improvements Project, in the amount of $208,506; provided further, the City Manager is authorized to act on behalf of the City in the administration of said contract. SECTION2. Funding will be provided by the 2014 Water Bond. PASSED: ATTEST: LANCE SPICER, CITY CLERK APPROVED: RUTH CARNEY, MAYOR 10

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14 City of Hot Springs Certificate of Availability This is to certify that funds in the amount of $ 208,506 are available in the 2014 budget in account to pay for obligations associated with this request for a contract with Environmental Process Systems, Inc. for the purchase of Raw Water Pump and Backwash Feed Line Improvements. /s/ Dorethea N. Yates 8/14/2014 Dorethea N. Yates Date Finance Director 14

15 CITY OF HOT SPRINGS AGENDA ITEM #8 R BOARD ACTION REQUEST DISTRICT: City Wide Other Date Submitted: August 7, 2014 Date Action Requested: August 19, 2014 Type of Action Requested: Resolution Ordinance Formal Action/Motion Other SUBJECT: Engineering Services for 2014/2015 ISO Water Line Improvement Project RECOMMENDATION: Staff recommends approving a professional services contract with B&F Engineering, Inc. for engineering design, bidding and limited construction inspection services related to the 2014/2015 ISO Water Line Improvement Project. The contract value is $53, DISCUSSION: The City of Hot Springs Utilities Department continues to address leakage within the water distribution system that is a portion of the non-revenue water percentage. A significant part of that effort is to develop projects to repair/replace portions of the system that are known to be deficient. In addition to addressing degraded mains and in order to maintain our ISO rating we have developed, after consulting with the Fire Department, a list of streets requiring fire protection. Many of the existing mains will also be upsized to enable installation of fire hydrants. This project includes repairs or replacements that are needed for eleven (11) streets/locations within the water distribution system and includes several sections of old 2 galvanized piping which has degraded through the years. This project also increases line size from 2 to 6 to provide for installation of fire hydrants on (10ea) of the (11ea) affected streets. The Utilities Department has worked with B&F Engineering in the past on projects of this nature and has been pleased with their deliverable. We have found their work to be designed well and competitively priced. Staff has completed the rate and rank process for an engineering firm selection in accordance with state law and based on those results we recommend B&F Engineering for this project. The contract format is the city s standard contract for professional engineering services, which has been approved by the City Attorney. The following streets are included in the 2014/2015 ISO Project: 1. Shady Vista 7. Omega (Chattanooga to Montreal) 2. Torrey Ct 8. Stacy (Cones Rd to Ridgeway) 3. Alonzo St 9. Julian (E. Grand to Halk Terrace) 4. Arkansas St (Henry to Garfield) 10. Shady Hills (Pine Meadows Loop to Cantrell) 5. Boaz (Pleasant Valley down Boaz) 11. Fontana (Golf Links to Tatum) 6. Castleton (Ridgeway to Eddiemee) FISCAL IMPACT: Funding for this project will be provided via the 2014 Utilities Budget. ALTERNATIVES: Deny staff request/recommendation. Prepared by: Gary Carnahan, City Engineer Approved by: David Watkins, City Manager 15

16 RESOLUTION NO. R A RESOLUTION AWARDING A CONTRACT TO B&F ENGINEERING FOR CERTAIN PROFESSIONAL SERVICES, (ENGINEERING SERVICES FOR WATER LINE IMPROVEMENT PROJECT). WHEREAS, pursuant to A.C.A et seq., an evaluation and rating process has been conducted for the selection of company to provide certain professional services; and that WHEREAS, the company of B&F Engineering, has been selected through the City s Engineering services selection process. Arkansas: NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Hot Springs, That The Mayor is hereby authorized and directed to award the contract for certain professional services related to the Water Line Improvement Project to B&F Engineering in a not to exceed amount of $53,000; provided further, City Manager is authorized to act on behalf of the City in the administration of the contract. PASSED: APPROVED: RUTH CARNEY, MAYOR ATTEST: LANCE SPICER, CITY CLERK 16

17 City of Hot Springs Certificate of Availability This is to certify that funds in the amount of $ 53,000 are available in the 2014 budget in account with this request for a contract with to pay for obligations associated B&F Engineering for the purchase of Engineering for Water Line Improvements. /s/ Dorethea N. Yates 8/14/2014 Dorethea N. Yates Date Finance Director 17

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31 CITY OF HOT SPRINGS AGENDA ITEM #9 R BOARD ACTION REQUEST DISTRICT: City Wide Other Date Submitted: August 8, 2014 Date Action Requested: August 19, 2014 Type of Action Requested: Resolution Ordinance Formal Action/Motion Other SUBJECT: Approve Purchase of Sensus Water Meters RECOMMENDATION: Staff recommends purchase of various Sensus Water Meters and parts from HD Supply Waterworks. DISCUSSION: Hot Springs Municipal Water System currently has in place an Automatic Metering Infrastructure (AMI) System which utilizes water meters and related components manufactured by SENSUS. HD Supply Waterworks is the sole source supplier previously approved by Ordinance The individual items include various sizes of water meters, and MXU s (the transmitter device mounted on a meter box lid that is vulnerable to damage from vehicles, lawn mowers, etc.). (300) 5/8 x ½ Sensus Meters (30) ¾ Sensus Meters (20) 1 Sensus Meters (200) Sensus 520M meter MXU s FISCAL IMPACT: Total cost of meters is $75, plus applicable sales tax budget line Funds are available in the ALTERNATIVES: Reject the proposal. Prepared by: James Nixon, Municipal Customer Operations Director Approved by: David Watkins, City Manager 31

32 RESOLUTION NO. R A RESOLUTION AUTHORIZING PURCHASE OF SENSUS WATER METERS FROM HD SUPPLY IN ACCORDANCE WITH ORDINANCE NO WHEREAS, Ordinance No waives the requirements of competitive bidding for the procurement of certain sole-source items (Sensus water meter parts) and designates HD Supply as sole source for Sensus water meters and repair parts: NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Hot Springs, Arkansas: That the Mayor is hereby authorized and directed to execute a contract with HD Supply for Sensus Water Meters, in an amount of $75,915 plus freight and applicable taxes; and provided further that the City Manager is authorized to act on behalf of the City in the administration of said contract. PASSED: ATTEST: LANCE SPICER, CITY CLERK APPROVED: RUTH CARNEY, MAYOR 32

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34 CITY OF HOT SPRINGS AGENDA ITEM #10 R BOARD ACTION REQUEST DISTRICT: City Wide Other Date Submitted: August 12, 2013 Date Action Requested: August 19, 2013 Type of Action Requested: Resolution Ordinance Formal Action/Motion Other SUBJECT: Award contract to Cliff Childress Construction for Phase II 2014 storm water drainage repairs and improvements RECOMMENDATION: Staff recommends approval of a construction contract in the amount of $209, to Cliff Childress Construction of Cabot Arkansas for Phase II 2014 storm sewer system repairs and upgrades at eleven separate residential locations throughout the city. DISCUSSION: The City of Hot Springs storm sewer system conveys storm water runoff away from development and into local creeks and lakes. The system s condition and capacity has been largely ignored for many years mainly because of lack of funding sufficient to perform any significant repairs or upgrades. Many of the system s failures have occurred within private residential properties and although the system serves multiple properties or areas, repairs and upkeep have, by ordinance, been the responsibility of the home owner. The exception to this is that, with Board approval, funds that are collected through the stormwater utility fee can be used for private property system repairs. These repairs can be made provided funds are available and the property owner agrees to grant the city a permanent easement at which point the city will accept perpetual maintenance of the drainage structure. The city s stormwater utility fee generates funds to be used to support the Stormwater Utility Division of which a large portion is spent on storm sewer infrastructure repairs and upgrades. Problems range from undersized pipes causing flooding, structural failures, blockages and proactive repairs. The Stormwater Division has prioritized these projects using multiple ranking criteria and has chosen eleven drainage repair projects that will have the greatest impact and benefit the most city residents for the money. Projects Include: 201 Bellaire Replace rotted iron pipe and add additional inlet 107 Quail Creek Replace rotted and collapsed metal pipe through one property and under roadway 132 Silver Leaf Add additional inlet and piping to alleviate water saturation issue 1335 Shady Grove Construct drainage swale and piping to convey water around residential dwellings and into right of way ditch 851 Park Ave Repair tunnel wall collapse 220 Cedar St Repair small tunnel arch ceiling collapse St. Louis & Linwood Add piping to convey water around residential dwellings and into city drainage system 2311 Hobson Add curb inlet to existing drainage piping 110 Kimery replace rotted metal pipe 102 Mote Replace rotted metal pipe Files & Garrison - Add piping, inlet and drainage swale to alleviate road flooding The City of Hot Springs advertised in a local publication for Stormwater drainage repairs and improvements and bids for these improvements have been received and evaluated in accordance with Ordinance No and it is found that Cliff Childress Construction s bid was the lowest responsive bid 34

35 received. Therefore, staff recommends awarding the contract for Phase II of drainage projects to Cliff Childress Construction. FISCAL IMPACT: The contract amount of $209, is budgeted for in the 2014 stormwater capital budget in account number ALTERNATIVES: Not approve project and re-bid or approve different contract PROJECT MANAGEMENT: Project inspection and/or oversight will be provided primarily by Engineers, Inc. through an existing contract. Public Works/Stormwater personnel will also provide project coordination and inspections. Prepared by: Max Sestili, Stormwater Manager Approved by: David Watkins, City Manager 35

36 RESOLUTION NO. R A RESOLUTION APPROVING A CONTRACT TO CLIFF CHILDRESS CONSTRUCTION FOR STORMWATER DRAINAGE REPAIRS AND IMPROVEMENTS, PHASE II. WHEREAS, competitive bids for certain goods and services have been received and evaluated in accordance with Ordinance No. 5387; and that WHEREAS, City staff has evaluated all bids received and recommends award of the bid to Cliff Childress Construction. NOW, THEREFORE, BE IT RESOLVED By The Board Of Directors Of The City Of Hot Springs, Arkansas; That the Mayor is hereby authorized and directed to execute a contract with Cliff Childress Construction for stormwater drainage repairs and improvements, phase II, in the amount of $209,748.68; provided further, the City Manager is authorized to act on behalf of the City in the administration of said contract. PASSED: ATTEST: LANCE SPICER, CITY CLERK APPROVED: RUTH CARNEY, MAYOR 36

37 HOT SPRINGS STORMWATER DIVISION PHASE II DRAINAGE PROJECTS Bid Opening 08/04/2014 Contractor Cliff Childress McHenry Excavating Township Builders Brumely Construction Hesling Construction Bid $209, $284, $304, $242, $290,

38 THIS ITEM IS THE PUBLIC HEARING ON THE POSSIBLE VACATION OF A PORTION OF A CERTAIN STREET RIGHT-OF-WAY LOCATED IN THE FOREST LAKES GARDEN HOMES SUBDIVISION, PHASE 2A BOARD DISCUSSION AND ORDINANCE WILL BE CONSIDERED UNDER AGENDA ITEM NO

39 CITY OF HOT SPRINGS AGENDA ITEM #12 BOARD ACTION REQUEST O DISTRICT: City Wide Date Submitted: August 7, 2014 Date Action Requested: August 19, 2014 Type of Ac tion Requested: Resolution Ordinance Formal Action/Motion Other SUBJECT: Vacation of a portion of certain street right-or-way located in the Forest Lakes Garden Homes Subdivision. RECOMMENDATION: After conducting the public hearing prior to this item, adopt an ordinance vacating a portion of certain street right-of-way located in the Forest Lakes Garden Homes Subdivision DISCUSSION: Bob Malt initiated a request to vacate a portion of certain street right-of-way located in the Forest Lakes Garden Homes Subdivision. This street is not needed for public purposes. Please note the survey and map depicting the section of the certain street right-of-way noted for vacation. Outside agencies have no opposition to this vacation. FISCAL IMPACT: None Property owner will pay all costs associated with this action. ALTERNATIVES: Choose not to vacate. Prepared by: Lance Spicer, Assistant City Manager Approved by: David Watkins, City Manager 39

40 ORDINANCE NO. O AN ORDINANCE VACATING A PORTION OF A CERTAIN STREET RIGHT-OF-WAY LOCATED IN THE FOREST LAKES GARDEN HOMES SUBDIVISION, PHASE 2A; AND FOR OTHER PURPOSES. WHEREAS, pursuant to A.C.A et seq., a Petition was duly filed with the Board of Directors of the City of Hot Springs, Arkansas,, asking the Board of Directors to vacate and close a portion of certain street right-of-way located in the Forest Lakes Garden Homes Subdivision, Phase 2A; and that WHEREAS, after due notice as required by law, the Board of Directors has, at the time and place mentioned in the Notice, heard all persons desiring to be heard on the question and has ascertained that the street/alley or portion thereof, hereinbefore described, has heretofore been dedicated to the public use as a street/alley herein described; that all the owners of the property abutting upon the portion of the street/alley to be vacated have filed with the Board of Directors their written consent to the abandonment; and that public interest and welfare will not be adversely affected by the abandonment of the street/alley. NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Hot Springs, Arkansas, as follows: SECTION 1. Subject to retention of municipal utility easements, the City of Hot Springs, Arkansas, releases, vacates and abandons all its right, together with the right of the public generally, in and to the street/alley designated as follows: A PART OF THE TWENTY FOOT FIRE ACCESS ROAD OF SECTION 2, PHASE 2A OF FOREST LAKES GARDEN HOMES SUBDIVISION, AS RECORDED IN PLAT BOOK 15 AT PAGE 79, PLAT RECORDS OF GARLAND COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 52, PHASE 2A OF FOREST LAKES GARDEN HOMES; THENCE SOUTH 88 49'45" WEST, ALONG THE SOUTH LINE OF SAID PHASE 2A, FEET; THENCE LEAVING SAID SOUTH LINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF FEET, AN ARC LENGTH OF 4.38 FEET, AND A CHORD WHICH BEARS NORTH 15 54'11" WEST, 4.38 FEET; THENCE NORTH 13 23'37" WEST, FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF FEET, AN ARC LENGTH OF FEET, AND A CHORD WHICH BEARS NORTH 37 19'04" EAST, FEET; THENCE NORTH 88 01'46" EAST, 7.16 FEET; THENCE ALONG A CURVE TO 40

41 THE LEFT HAVING A RADIUS OF FEET, AN ARC LENGTH OF 8.34 FEET, AND A CHORD WHICH BEARS NORTH 82 36'07" EAST, 8.32 FEET TO THE NORTHWEST CORNER OF SAID LOT 52; THENCE ALONG THE WESTERLY LINE OF SAID LOT 52 ALONG A CURVE TO THE LEFT HAVING A RADIUS OF FEET, AN ARC LENGTH OF FEET, AND A CHORD WHICH BEARS SOUTH 31 53'26" WEST, FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 13 23'37" EAST, FEET; THENCE CONTINUE ALONG SAID LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF FEET, AN ARC LENGTH OF FEET, AND A CHORD WHICH BEARS SOUTH 18 20'31" EAST, FEET TO THE POINT OF BEGINNING, CONTAINING ACRES, MORE OR LESS. SECTION 2. A copy of the ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the Deed Records of Garland County, Arkansas. PASSED: ATTEST: LANCE SPICER, CITY CLERK APPROVED: RUTH CARNEY, MAYOR APPROVED AS TO LEGAL FORM: BRIAN W. ALBRIGHT, CITY ATTORNEY ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF GARLAND SUBSCRIBED AND SWORN to before me this day of,. My Commission Expires: Notary Public 41

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44 PETITION TO VACATE A CERTAIN STREET OR ALLEY to THE BOARD OF DIRECTORS OF THE CITY OF HOT SPRINGS, ARKANSAS The undersigned Petitioners hereby petition the Board of Directors of the City of Hot Springs, Arkansas, to vacate and abandon that portion of a street/alley as described hereinafter, pursuant to the provisions of Ark. Code Ann el scq. WHEREAS, 1. Petitioners are the owners of all real property abutting that portion of said street/alley to be abandoned and vacated. 2. The poition of said street/alley to be abandoned and vacated is designated as follows: Legal Description to be attached and/or inserted. 3. A copy of the Plat of the portion of the street/alley to be vacated is shown on Exhibit "A" and made a part hereof. 4. The portion of said street/alley to be abandoned and vacated is not needed by the public. NOW, THEREFORE, Petitioners pray that the Board of Directors of the City of Hot Springs, Arkansas, fix a day and hour for the hearing of this Petition and direct the Clerk of the City of Hoi Springs, Arkansas, to give notice of said day and hour of the place of the hearing by publication once a week for two consecutive weeks in a newspaper published in the County and having a general circulation in the City of Hot Springs, Arkansas, and thereupon to enact an ordinance releasing, vacating and abandoning all rights of the City of Plot Springs and all rights of the public generally in and to the portions of the said street described herein, subject to all utility easements. DATED this 44

45 CITY OF HOT SPRINGS STREET/ALLEY CLOSING APPLICATION APPLICATION FEE: $ Non-refundable PETITIONER Name: PETITIONER'S REPRESENTATIVE (if applicable) Name: Mailing Address: Mailing Address: Phone Number: Phone Number: Address: Address: Ox\a 1. A DESCRIPTION OftTHPRIGHT-OF-WAYsOREA TO BE VACATED. PLEASE FURNISH A GRAPHIC DRAWING, MAP OR A COPY OF THE PLAT SHOWING THE PROPOSED STREET/ALLEY TO BE CLOSED WITH A LEGAL DESCRIPTION. THE LEGAL DESCRIPTION SHOULD INDICATE THE LOTS AND BLOCKS SURROUNDING THE PROPOSED AREA FOR CLOSING. (Attach additional pages if necessary) 2. REASON FOR THE CLOSING REQUEST. (Advise if any buildings/structures will be in the area to be closed) 3. HAS THE PROPOSED STREET/ALLEY BEEN ACTUALLY USED BY THE PUBLIC AS A STREET/ALLEY FOR A PERIOD OF FIVE Petitioner's Signature City of Hot Springs C/O City Clerk's Office 133 Convention Boulevard Hot Springs, AR Lance Spicer, Assistant City Manager lspicer@cityhs.net 45