Loading...
09-21-04Little Rock Board of Directors Meeting September 21, 2004 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham September 21, 2004 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Directors Pugh, Stewart, Keck, Adcock, Hurst, Wyrick, Cazort, Kumpuris, Vice Mayor Hinton and Mayor Dailey. Director Pugh gave the invocation, which was followed by the Pledge of Allegiance. Directors Hurst enrolled at 6:05 pm, and Director Adcock enrolled at 6:07 pm, but were not present at roll call. Mayor Dailey asked the Board to consider the following modification to the agenda. Director Adcock made the motion to make the listed modifications, Director Cazort seconded the motion, and by unanimous voice vote of the Board members present, being two- thirds in number, the agenda was modified. Modifications consisted of the following: ADDITIONS: PRESENTATION: Mayor's Youth Council: Kim White M -1. RESOLUTION 11,826 - To authorize the City Manager to enter into a contract with the Family Service Agency to provide Community Health Initiative Services for the Little Rock Community in an amount not to exceed $44,102; and for other purposes. M -2. RESOLUTION 11,827 - To authorize the City Manager to enter into a contract with Recovery Centers of Arkansas to provide Substance Abuse Treatment Services for Adolescents for the Little Rock Community in an amount not to exceed $200,000; and for other purposes. M -3. RESOLUTION 11,828 - To authorize the City Manager to execute the contract for property insurance coverage for a 12 -month period effect October 1, 2004. Item 3 and Item 6 was listed on the Agenda as resolutions, but was changed to ordinances 3. ORDINANCE - To dispense with the requirement of competitive bidding and authorize the City Manager to enter into a contract with Motorola, Inc. for the purchase and installation of radios for the Fire Department; and for other purposes. Little Rock Board of Directors Meeting September 21, 2004 6:00 PM 6. ORDINANCE - To dispense with the requirement of competitive bidding and authorize the City Manager to enter into a contract with Scott Construction Company for the purchase of a Wildcat Compost Turner for the Public Works Department; and for other purposes. The Consent Agenda consisted of Items 1, 2, 4, and Items M -1, M -2 and M -3. CONSENT AGENDA (1 -4) 1. MOTION - To approve minutes of regular Board of Directors Meeting: August 2, 2004. 2. RESOLUTION 11,829 - To award three (3) construction contracts to Construction Management and Maintenance to install traffic signals at eight (8) locations for the 2004 Bond capital improvement program. (2004 Bond Projects) 3. ORDINANCE 19,178 - To authorize the City Manager to waive purchasing procedures and enter into a contract with Motorola for the purchase of radios for the Little Rock Fire Department. Synopsis: The LRFD received federal terrorism grant funds in the amount of $614,000.00 to purchase portable radios, mobile radios, and radio accessories. 4. RESOLUTION 119830 - To authorize the City Manager to renew the contract for employee dental insurance with Delta Dental Plan of Arkansas for an additional year; and for other purposes. Separate Items: Item 5 5. RESOLUTION - Deferred to Oct 5, 2004 Meeting - To authorize the City Manager to execute a contract extension with Health Advantage to provide 2005 Health Care Coverage for City employees; and for other purposes. Director Keck and Kumpuris recused. Mr. Jim Bradshaw, Benefits Manager, gave an overview of the Health Advantage Insurance Program. Mr. Jim Bailey, Health Advantage answered questions presented by the Board. Mr. Ed Adcock, Attorney, representing Mr. Farris Hensley, City of Little Rock employee, spoke in opposition to the renewal of the Health Advantage Insurance Contract. Mr. Adcock stated at the very least would ask staff to explore options that would give coverage for the type of illness from which Mr. Hensley's daughter suffers. He explained that Miss Hensley has an eating disorder that is excluded from Health Advantage coverage, and that they had appealed to Health Advantage for an exception, but Health Advantage had denied the exception. Mr. Adcock stated from his research he learned that not a very high percentage of people suffer form this illness, and that affects mostly young girls. Mr. Adcock said there is a twenty percent mortality rate. He stated that what happens is that insurance companies make decisions that because the number of people affected is so small they can pad their bottom line by not covering issues or medical problems of this nature and because the people involved are generally helpless and without influence, there are very few ramifications. He asked the Board not to approve the contract tonight but to go back to staff and look at options, and if the contract was approved, on the front end, make Health Advantage give the actuarial numbers that would prove that it is unfeasible to extend this 2 Little Rock Board of Directors Meeting September 21, 2004 6:00 PM11 coverage and then give he and his client a chance to review those numbers and get their own expert to look at them. He asked the Board to treat this long term employee and his child, a dependent under this policy with the same sort of respect they would want their own child treated with by this insurance company if they found themselves in this unenviable position that Mr. Hensley finds himself in. Mr. Farris Hensley, City of Little Rock employee, stated he only had a couple of brief comments. He said in terms of medically related charges, not psychiatric, anything that is a result of an eating disorder is completely and totally excluded from coverage under this policy. On a broader note, he stated he had met a lot of young girls in the last year and a half that have this illness. There is not a single one of them that did anything wrong to get the disorder. They did not abuse anything to get it, don't want it and don't know what to do. He said it is life threatening with a twenty percent mortality rate, and to the families of those children this is absolutely devastating. He said he thought there had to be an error on Health Advantage's part and would easily be cleared up. He stated that to have our young daughters excluded from a serious medical condition, cardiovascular, muscular, bone structure, and the list is catastrophic. He believed that for this to be excluded was reprehensible. This is a broader issue than just his daughter, that relatively speaking the numbers are few, but as you go into these places you see the people affected. Mr. Jim Bailey, Health Advantage representative, stated the situation here is an eating disorder, and like other insurance companies they follow the process, a manual, and in this particular case follow what is referred to as a Diagnostic and Statistical Manual of Mental Disorders. Within this particular category there are two particular diseases that come into play. One is anorexia, and the other is bulimia. They fall strictly under a mental disorder. Under this particular policy, the coverage available today, is seven days for in- patient, and thirty out - patient visits. Each paid at fifty percent. Mr. Bailey was about to go into specifics regarding payment, but Mr. Carpenter, City Attorney, cautioned him to not go into those specific details. Mr. Bailey stated this manual is not a departure from the norm, that all insurance companies follow this manual. Mr. Bailey was asked if they made exceptions. Mr. Bailey stated if they make an exception is not on something that would fall outside the contract. Based on the insurance coverage, everyone has the right to appeal the initial decision, and can appeal their decision to second level, and if they furnish additional information that was omitted, or was not provided, then they take that into consideration under the Second Level or Appeal process. Mr. Bailey asked if the City would have the option of including coverage for this particular diagnosis and if so at what cost? Mr. Bailey stated there was presently on file with the Department of Insurance today, the basic coverage that is provided under the policy the City of Little Rock has, and they have another expansion or a rider that would expand the coverage to ten in- patient days and sixty out - patient visits, and that has been presented to the consultant to the City and the City Manager, as an additional rider. Mr. Bailey stated the cost was 1.4 percent of premium, or an additional $140,000 of what has been proposed for 2005. The coverage becomes broader because it would include all mental disorders and substance abuse that would fall within that category. Mr. Bailey was asked if a person is insured and has an eating disorder, and has an organ that fails, is there any medical insurance payable. Mr. Bailey stated if the primary diagnosis is related to the eating disorder, it would rely on that primary diagnosis, and stated he was not the clinician and would like to get a more definitive answer. Mr. Carpenter suggested that Mr. Bailey might look at the situation that would involve a liver transplant for a person that had been an alcoholic. Mayor Dailey suggested that the Board defer this item for two -weeks that he felt there were some questions that needed cleared up. Director Cazort stated Little Rock Board of Directors Meeting September 21, 2004 6:00 PM he felt there were several points that needed cleared up, and more information provided, and moved to defer for two weeks. Director Hurst seconded the motion and by unanimous voice vote of the Board members present, being two - thirds in number, the item was deferred. The Grouped Items consisted of Item 6 & 7 and Item3. 6. ORDINANCE 19,179 - To authorize the City Manager to enter into an agreement in the amount of $209,535 to purchase a Wildcat Compost Turner for the Public Works Department Solid Waste Division. 7. ORDINANCE 19,180 - To amend Little Rock, Ark. Rev. Code 2 -243 (1988) to recognize Development or Redevelopment Coordinator as a Professional Service for the City of Little Rock, Arkansas, and for its various Boards and Commissions; and for other purposes. (Requires 2 meetings. 1 sr & 2"d Reading on September 7, 2004) 3rd reading Items 3 and 6 was read the first time. Director Adcock, seconded by Director Cazort made separate motions to suspend the rules and place Item 3 and 6 on second and third readings, and Item 7 on third and final reading. Director Cazort seconded both motions. By unanimous voice vote of the Board members present, being two- thirds in number, the rules were suspended and Item 3 and 6 was read the second and third time. Item 7 was read the third time. By unanimous voice vote of the Board members present, being two - thirds in number the ordinances passed. (Items 3, 6 and 7). SEPARATE ITEMS: 8 -12 8. ORDINANCE 19,181 - Z -7723 — To approve a planned zoning development and establishing a planned commercial district titled Tread way's Short -Form PCD; located at 1115 Jefferson Street, in the City of Little Rock, Arkansas; amending the official zoning map of the city of Little Rock; and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes the rezoning of this site from C -3 to PCD to allow a replat of two existing lots and establish the proposed building setbacks. The ordinance was read the first time. Director Hurst seconded by Director Adcock moved to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended to provide for the second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Adcock, seconded by Director Hurst moved to suspend the rules and place the ordinance on third and final reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third and final time. By unanimous voice vote of the Board members present being two - thirds in number, the ordinance passed. 11 Little Rock Board of Directors Meeting September 21, 2004 6:00 PM 9. ORDINANCE 19,182 - Amending Chapter 30 of Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of master street plan half - street improvements at the northeast corner of West 12th street and Jefferson Street. Planning Commission: Approved on July 15, 2004. Staff recommends denial of waiver, is support of a 5 deferral or payment of an in- lieu fee. Synopsis: Authorizes a waiver of boundary street improvements required by the Master Street Plan to Jefferson Street associated with the expansion and conversion of an existing building to a new church. Director Cazort, asked the applicant, Brenda Jackson, if she would agree to amend her request to a five -year deferral, rather than a waiver. Ms. Jackson stated she understood that she could get a five year deferral, and that she would not be required to put any money forthcoming, unless there is other development around this development. Director Cazort moved to amend the ordinance to a five -year deferral instead of a waiver. Director Hurst seconded the motion, and by unanimous voice vote of the Board members present, being two - thirds in number, the ordinance was amended. The ordinance was read the first time as amended. Director Adcock, seconded by Director Hurst made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time as amended. A motion was made by Director Adcock, seconded by Director Cazort to suspend the rules and place the ordinance on third and final reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time as amended. By unanimous voice vote of the Board members present, the ordinance passed. Mayor Dailey recognized Boy Scout Troop 395. 10. ORDINANCE 19,183 - Establishing an Overlay District for the Granite Mountain Overlay pursuant to the Design Overlay Authority of Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas; and for other matters. Planning Commission: 7 yes, 3 no. Staff recommends approval. Synopsis: Adopt zoning Overlay standards along State Highway 365 (Confederate Boulevard and Springer Avenue). Changes setbacks, landscaping, signage, lighting, sidewalks and parking /loading regulations in the corridor. The ordinance was read the first time. Director Adcock, seconded by Director Pugh made the motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number the rules were suspended and the ordinance was read the second time. Mr. Tony Bozynski, Planning Director, gave a staff overview saying that the ordinance before the Board would establish a design overlay district for the Confederate Blvd. and Springer Blvd. corridor. It would extend from Roosevelt Road on the north to the City Limits on the east, which would be around Springer Blvd. and 3 -M Road. The Planning Commission recommended approval of the proposed overlay with a vote of seven ayes, and three nos. Staff is in support of the recommended overlay for the corridor. Director Cazort stated it was his initial understanding this was a scenic overlay geared toward billboards advertising, and now it appeared this was more akin to the Hwy 10 overlay, with design parameters and setbacks and landscaping, and asked Mr. Bozynski to state the difference i, Little Rock Board of Directors Meeting September 21, 2004 6:00 PM between this overlay and the Hwy 10 overlay. Mr. Bozynski stated this overlay was very similar to those the City currently has. It deals with setbacks, landscaping, to enhance the development elements of the area. Mr. Bozynski outlined the process saying that in early 2003 a request was made of the City to review the Confederate and Springer area. Staff went ahead and conducted a review of the area, looking at land use, the master street plan and other zoning elements in the area. After that review was completed, staff presented its finding to Audubon Arkansas in May of 2003. At that time Audubon Arkansas reviewed the information and requested the City initiate a process to develop a design overlay district for this corridor. In the summer of 2003 a working group or committee was developed to undertake that process and develop a final product. That process went on through the fall of 2003, and the winter and early spring of 2004. In March or April of 2004 information was mailed out to property owners with the final recommended elements of the design overlay district. The Planning Commission held a public hearing in July of 2004 and that is where they recommended approval. Mr. Bozynski presented a PowerPoint presentation showing the corridor, points of the overlay, base zoning, requirements and regulations, elements of the proposed overlay such as streetscape, lighting, etc. Mr. Robert Clark, was partially opposed to the overlay, asking for the area of Confederate Blvd. from Roosevelt to the northern railroad tracks to be excluded. Staff felt this portion should be left in because they are dealing with this as an entire corridor. Mr. Clark Stated since 1946 construction has been sporadic, and if this is any indication it could be forty years or more before the wished for appearance. Requirements of the overlay would not only result in a hodge -podge look and be an expense with no benefit to property owners, the city or Audubon Arkansas. Wooden utility poles would still line both sides of the street. He stated that Confederate Blvd. being the corridor to the Audubon project is far fetched. He asked why anyone would get off the freeway, with traffic lights at the Roosevelt exit, and travel the narrow lanes on Roosevelt, stop at another traffic light at Confederate, drive on Confederate Blvd, where you are more than fifty feet from most or any structure, have to wait on a freight train to pass, to get onto Springer Blvd. when I- 440 takes you right to Springer Blvd. He stated the eight foot sidewalks would not match up, with the existing ones when development occurs. Mr. Clark presented a petition from some of the business and property owners requesting that Confederate Blvd. be removed from the Granite Mountain Overlay. Mr. Ken Smith, representing Audubon Arkansas, saying Mr. Bozynski's presentation represented what he had envisioned for a long time. He said it is a plan for the future and would not happen in five years. This is a thirty year deal, and with the development and work that is being put in at the southern end and the work that is taking place with new housing, new development will be the catalyst that will create the financial opportunities for small shop owners, small businesses and others to come in start developing. Tom Fennell, stated he had worked with the Little Rock Housing Authority for a number of years with the Granite Mountain Community, and the neighborhood association along with the housing authority is due a tremendous amount of credit for turning this neighborhood, which was one of the worst in town, to one of the best in town. It has once of the lowest crime rates and the highest percentage of homeownership of anywhere in town. That effort deserves recognition in supporting their efforts to create a front -door for this neighborhood and reinforce the values that they have fought hard for. He said the second phase of Homes of Granite Mountain, which is the senior housing that will go in adjacent to the Audubon Society. He said the restrictions are not restrictive they are good ideas and in a lot of cases don't make a difference in cost or function, but rather a more consistent way to approach design the street. He asked the Board to approve 2 Little Rock Board of Directors Meeting September 21, 2004 6:00 PM the overlay district. Director Kumpuris asked about the eight foot sidewalks and the tree well planting, and how that would be done. Mr. Bozynski stated the eight foot sidewalk and the four by four foot tree wells would reduce the walkway to four feet, which is still a reasonable path through that area. The trees wells would only be every thirty feet, which would provide distance in between. The new sidewalk would be measured from he curb, the existing sidewalk situation is that there is a normal grass strip and then the sidewalk. He said initially the situation would be that you would have the eight foot then the narrow existing sidewalk, and at sometime this is where possibly that public private partnership could come into play when there are just a few remaining parcels that have not been completed. Director Keck asked if the City wanted to utilize capital dollars to build the sidewalks and the planting of the trees if this were something that could be done in advance. Mayor Dailey stated his thought was to get this off the ground in the next several years and to work with the Audubon, and the neighborhood. Director Keck stated that maybe as property develops, those that come in and develop would, be allowed to pay the city back, so that it could be done in other places. Director Hurst made a motion, seconded by Director Keck to suspend the rules and place the ordinance on third and final reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board members present, being two - thirds in number the ordinance passed. 11. ORDINANCE 19,184 - LU- 04- 07 -01— To amend the Land Use Plan (16,222) in the I -30 Planning District from Service Trades District and Light Industrial to Mixed Use; and for other matters. Planning Commission: 9 yes, 0 no. Staff recommends approval. Synopsis: Land Use Plan Amendment in the I -30 Planning District changing an area of Service Trades District and Light Industrial to Mixed Use, along Confederate Boulevard South of Roosevelt Road. The ordinance was read the first time. Director Adcock, seconded by Director Cazort made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two thirds in number, the rules were suspended and the ordinance was read the second time. Director Adcock, seconded by Director Hurst made a motion to suspend the rules and place the ordinance on third and final reading. By unanimous voice vote of the Board members present, being two - thirds in number the rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board members present, being two - thirds in number the ordinance passed. 12. PUBLIC HEARING & RESOLUTION 11,831 - Z -7672 — To rescind the Planning Commission's action in denying a Special Use Permit for a day care family home located at 8701 Verbena Drive. Planning Commission: 4 yes, 6 no, 1 absent. Staff recommends denial of the Special Use Permit. Synopsis: Ms. Britton is appealing the Planning Commission's decision in denying a Special Use Permit to allow a day care family home on the R -2 zoned property at 8701 Verbena Drive. Mayor Dailey declared the public hearing open. The applicant, Nikitia Britton, stated she was here because the Planning Commission denied her application to be grandfathered in. Ms. Britton stated she moved to this neighborhood in January of 2003, and had been operating since May of 2003. She stated that throughout this ordeal that she felt she had not been given a fair chance. She said the Planning Commission threw all kinds of questions at her that she had no knowledge of, as far as permits, and did she have a business license, which was not required 7 Little Rock Board of Directors Meeting September 21, 2004 6:00 PM when she established her day care. Since then the City has come up with requiring a business license. She stated she felt she was used as an example at this meeting because over the years she has watched these meetings, and this type of questions was never asked applicants who were applying for home day care centers. She said she has ten children at her day care, and four parents that bring the children to the day care. She said she keeps her property up, and as neat as any of her neighbor's yards. She said she didn't understand why she was denied the permit. She said she did not have the type of funds to get a commercial center, and that she did not want to operate a commercial day care center, preferring to run an in home day care. She said she was already established when licensing and permits were required, and felt she should be grandfathered in. She indicated that she understood that you did not have to have a special use permit if you had five children or less at one time, stating that approximately nine months after she opened in 2003 that she had five children during the day and five children at night, and that this was the information that she was given. She said when she closed her night operation, she did have ten children at one time during the day, and that is when she had to apply for the special use permit. Edna Schoemaker, Troy Laha, Janet Berry, spoke in opposition to allowing for a Special Use Permit for a day care family home at 8701 Verbena Drive, stating this was a business, and should not be allowed in a residential neighborhood, there would be increased traffic and safety issues, that the neighborhood action plan calls for all residential. This application does not fit within the action plan, and that it was in violation of the spacing requirement. Director Pugh asked Mr. Bozynski, Planning Director why this permit was denied by the Planning Commission. Mr. Bozynski explained that the reason was that this proposed day care family home does not meet the three- hundred foot separation. Directly to the east is a licensed day care, other than that it meets all the requirements. The Planning Commission vote was 4 ayes, 6 no, and there was neighborhood opposition; that and the three hundred foot separation came into play. He stated that at the Planning Commission meeting, Ms. Britton did amend her application to place a five year time limit, and that was what was voted on. Director Adcock asked Ms. Britton how many employees she had. Ms. Britton replied it was just herself and her sister. Director Cazort asked how many children her state day care license was for. Mr. Britton answered it was for ten children. Director Cazort asked if Ms. Britton were in operation when the more stringent day care ordinance was passed. Mr. Bozynski stated that she was in business in May of 2003, and had the state license, and was on the list that was provided by the state of licensed day care family homes that did not have a special use permit approved by the City. Director Cazort stated his concern was the fact that she may have had a preexisting business and that the City has passed a law the city is trying to enforce upon her that would not have been enforced on her at that time. Mr. Carpenter, City Attorney, stated that this does not say she can't keep kids, it says she can't keep over a certain number of kids. Director Cazort asked if she would have been approved if the ordinance recently passed with the distance requirement separation, was not in effect. Mr. Bozynski stated staff would have recommended approval, but again, that is just staffs recommendation. Director Pugh asked how long the other day care had been in existence. Mr. Bozynski stated it was his understanding they had been there twenty plus years, and has non - conforming status. Director Graves asked why the applicant was not grandfathered in if she had a preexisting business. Mr. Bozynski stated it was because she had a state license but did not have approval from the City for a day care family home. He said it was his understanding that Ms. Britton had a privilege license to keep up to five children. Ms. Britton stated she had applied for it but had not yet received it. Ms. Britton �'3 Little Rock Board of Directors Meeting September 21, 2004 6:00 PM asked if there is a day care center, and there is a person with an in -home day care with five children, and not required to have the special use permit, and a day care center comes in and opens up, and the day care family home decides to accept more children and applies for the special use permit, would that permit be granted. Mr. Carpenter stated, if he understood the question, if the center has somehow been permitted, and it doesn't have the spacing requirement within the other day care center, then the one that has been there, that has not had to have a permit, comes in and decides they want to have two or three more children, so that they are above the five, then they would have to apply for a permit, but would be in violation of the spacing requirement, because they were not existing when the spacing requirement was made a part of the ordinance. Director Keck stated he wanted to make sure that if this is a motion to rescind the Planning Commission's action in denying the special use permit, then a yes vote would be to support of the applicant and the special use permit, and a and a no vote would mean you did not support the granting of a special use permit for the day care family home. Mr. Carpenter stated that would be correct. Vice Mayor Hinton closed the public hearing. Director Keck made a motion to adopt the resolution, Director Pugh seconded the motion. City Clerk, Nancy Wood asked for a roll call vote. The vote was recorded as follows: Director Pugh, yes, Hurst, no, Cazort, yes, Keck, yes, Stewart, yes, Wyrick, no, Kumpuris, no, Graves, yes, Adcock, no, Vice Mayor Hinton, yes. Mayor Dailey was absent at the time of the vote. The vote was 6 yes, and 4 no vote. The resolution was adopted. Mr. Bob Turner, Assistant City Manager, announced that the International Institute of Municipal Clerks has certified Nancy Wood, the Clerk of the City of Little Rock, as a Certified Municipal Clerk. CITIZENS COMMUNICATIONS There were no speakers present for Citizens Communications. Director Cazort, seconded by Director Hurst made a motion to adjourn. By unanimous voice vote of the Board members present, the meeting was adjourned. ATTEST: Ci Clerk, ancy Wood APPROVED: M , Jim Dailey W