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07/02/02 Minutes: July 2,2002 MINUTES Board of Directors Room City Hall—500 W. Markham Little Rock,Arkansas July 2, 2002 6:00 PM The Board of Directors of the City of Little Rock,Arkansas met in regular session with Mayor Dailey presiding. The roll was called by City Clerk,Nancy Wood, with the following Directors present: Pugh, Hinton, Stewart, Graves, Lichty, Kumpuris, Adcock, Wyrick, vice Mayor Cazort and Mayor Dailey. Director Keck was absent. Little Rock Fire Chief, Phil Johnston, gave the invocation,which was followed by the Pledge of Allegiance. The Color Guard from the Little Rock Police Department was present for the Pledge of Allegiance. Modifications included the following: Mayor Dailey read a Proclamation: "Greetings" Whereas, The parks and recreation activities and leisure experiences provide opportunities to live grow and develop into contributing members of society, Whereas parks and recreation create lifelines and continues life experiences for older members of our community; Whereas, generating- opportunities for people to come together and experience a sense of community to fund recreational pursuits and Whereas;parks and recreation agencies provide outlets for physical activities,socialization,stress reducing experiences Whereas,parks, playgrounds, nature trails, open spaces, community and cultural centers and historic sites make a community attractive and desirable place to live, work,play and visit and contribute to our ongoing economic vitality Whereas,parks,greenways and open space provide a welcome rest spot for our fast paced, high-tech lifestyles,protecting and preserving our natural environment Whereas,parks and recreation agencies touch the lives of individuals,families and groups of the entire community with positive impacts, the social and economic health and environmental quality of our community,Now. Therefore,I, Jim Dailey,Mayor of the City of Little Rock, do hereby proclaim the month of July, 2002 as Recreation and Parks Month and encourage all citizens to celebrate by participating in their choice of pleasurable activities to find refreshment in their leisure. Signed Jim Dailey,Mayor, City of Little Rock. Mayor Dailey presented the proclamation to Ms. Tina Fellows, Special Projects Coordinator for Little Rock Parks and Recreation, invited all citizens to enjoy the parks over the holiday and challenged each Board member to visit one of the City's parks, and take advantage of opportunities offered at the park of choice and then come back in August and offer corrective criticism, or share what they enjoyed. She encouraged the Board to tell ten people about the parks, and how they benefit the community and how important it is for the City to have them. She challenged the people in the audience to do the same thing, visit a park, enjoy the recreational activities and tell ten people about the parks and recreation. Mayor Dailey introduced Boy Scout Troop 198 and Troop 770. Director Hinton made a motion to add Item 8 to the Grouped Items saying all the parties have met and have come to agreement on improvements, and with the neighborhood, Director Pugh seconded the motion, and by unanimous voice vote of the Board members present, the motion was approved. ADDITIONS M-1. ORDINANCE 18,707- Z-4343-L—To reclassify property from C-2 to C-3 located on part of Tract A, The Ranch Addition on the north side of Cantrell Road between Ranch Drive and N. Katillus Road. (Planning Commission: 7 yes, 0 no, 3 absent) Staff recommends approval. 1 Minutes: July 2,2002 M-2. PRESENTATION - Chief Phil Johnston—Fireworks. Chief Johnston cautioned everyone that it would be illegal inside the City of Little Rock to discharge fireworks other than at a public performance. He said there would be at least four performances on the evening of July 4t', those events would be at the River Market Amphitheatre;the Pleasant Valley County Club,the Little Rock County Club and the Eagles County Club. He said that trying to keep fireworks outside the city limits is an impossible task, which many people like to celebrate our country's independence by using fireworks. He stated there are a number of places where they are sold, but reminded citizens it is illegal to discharge them M-3 PRESENTATION- Stephen McAteer—McArthur Military History Museum.— Mr. McAteer announced that the McArthur Military History Museum had received a check in the amount of$300,000 from the State of Arkansas, from a trust fund the State Auditors administer from abandoned property. M-4. RESOLUTION NO. 11,317-To ratify the appointment of Mr. Ronald Copeland to the Little Rock Housing Authority Board of Commissioners. M-5. RESOLUTION NO. 11,318 -To authorize the City Manager to enter into a contract with Kizzie Roberson in the amount of$8,697 as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan to renovate a single family residence at 3324 Bishop Street in the approved Tornado Disaster Rebuild TNEP Area.. Director Adcock asked what the total amount that has been spent on the residence was. Mr. Bruce Moore, Acting City Manger, stated there is CDBG application in the amount of just under $25,000 and then this TNEP amount would be added to that. Director Adcock asked why CDBG dollars were being used. Mr. Moore answered that Ms. Roberson had made application through the CDBG Program and had-a significant amount of repairs that were needed to her home, and staff has partnered and leveraged different programs, for instance CDBG and TNEP and it ahs been done in a few instances over the past year. Director Adcock asked if the portion Ms. Roberson pays herself was being used out of CDBG money? Mr. Moore answered that it was not. Director Adcock asked how much the resident has had to spend on the property. Mr. Moore stated he did not have exact figures tonight,but would provide them to her. M-6. RESOLUTION NO. 11,319 - To amend Resolution No. 11,252 (April 2, 2002) authorizing a TNEP Contract with Fred Nelson and Lynette Nelson. Director Stewart had a question on M-6, saying there was not a TNEP amount listed, and asked if that could be provided. Mr. Moore stated he would have that for her,but it would be the same as on the original resolution. Director Adcock moved to add Items 4 and 5 to the Consent Agenda; Vice Mayor Cazort seconded the motion, and by unanimous voice vote, the motion was approved. Director Adcock made a motion to add Item M-3 to the Grouped Items. Vice Mayor Cazort seconded the motion;by unanimous voice vote the motion was approved. PRESENTATIONS: BKD—Financial Reports (July 2, 2002)—Mr. Bruce Moore, Acting City Manager, announced that an independent audit was performed by BKD, and the city received a clean opinion on the financial statements and in addition the city's financial statements have been submitted to the Certificate of Performance Program of GFOA. The certificate indicates the city is complying with the highest standards of governmental reporting. He said the city did receive that certificate in the year 2000 and felt confident that the certificate would be received again for 2001. Mr. Moore introduced Mr. Bob Biles, Finance Director for the City of Little Rock. Mr. Biles introduced Ms. Shirley Manning,the Controller, stating that she was the person behind the scene doing a lot of work to make sure the numbers are right, and had been very diligent in making sure the numbers were right, and things are as they should be, and thanked her for her work effort. Mr. Biles introduced Mr. Jamie Hoffman,the representative of BKD in charge of the audit. Mr. Hoffman gave an overview of the audit saying the audit was performed in accordance with the generally accepted accounting standards and government auditing standards. Mr. Hoffman provided a slide presentation, and handouts and overviewed the audit for the Board and the public audience, and answered questions from the Board members. Mr. Hoffman stated the audit team was really impressed this year that all the finds from previous audits were actually resolved or addressed and the cost and time of the audit was cut in half. The completion and delivery dates jumped from November to 2 Minutes: July 2,2002 June over a three-year period. He said that goes to show the improvements in the City Finance Department. M-2. PRESENTATION- Chief Phil Johnston—Fireworks—(See above) M-3 PRESENTATION - Stephen McAteer—McArthur Military History Museum . (See above) CONSENT AGENDA (Item`s 1-3) 1. MOTION- Z-4650-B -To set the date of public hearing for July 16, 2002 on a petition to repeal the Planning Commission's action in denying a Conditional Use Permit to allow for construction of a parking lot and education addition for Parkway Place Baptist Church on the R-2 zoned property located at 300 Parkway Place Drive. (Planning Commission: 4 yes, 3 no, 4 absent.) Staff recommends approval of the Conditional Use Permit. 2. MOTION- Z-7015-A-To set the date of public hearing for July 16, 2002 on a petition to appeal the Planning Commission's action in denying a Conditional Use Permit for Clean Tech Ventures,Inc. Car Wash at 9020 Geyer Springs Road. (Planning Commission: 0 yes, 9 no, 2 absent.) Staff recommends approval of the Revised Conditional Use Permit as amended by the applicant subsequent to the Planning Commission's action.) 3. RESOLUTION NO. 11,320 - To repeal Little Rock Police Department Rule and Regulation No. 1%7003.00; and for other purposes. M-4. RESOLUTION NO. 11,317-To ratify the appointment of Mr. Ronald Copeland to the Little Rock Housing Authority Board of Commissioners. M-5. RESOLUTION NO. 11,318 -To authorize the City Manager to enter into a contract with Kizzie Roberson in the amount of$8,697 as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan to renovate a single family residence at 3324 Bishop Street in the approved Tornado Disaster Rebuild TNEP Area. M-6. RESOLUTION NO. 11,319 - To amend Resolution No. 11,252 (April 2, 2002) authorizing a TNEP Contract with Fred Nelson and Lynette Nelson. The consent agenda was read. A motion was made by Vice Mayor Cazort to adopt the consent agenda; seconded by Director Kumpuris, and by unanimous voice vote of Board members present,the Consent Agenda was adopted. CITIZENS COMMUNICATIONS Speaker: Don Darnell, 7007 E. Wakefield Topic: National Night Out. Mr. Darnell stated that National Night Out is where people in communities and neighborhoods get together,have activities that are related to educating folks about crime prevention and coming together to eradicate crime and violence in the neighborhoods. He stated it is always held the first Tuesday in August, and always before the Little Rock Board of Directors have held their meetings the same night, and thanked the Board for changing the date of the Board meeting so that Directors would be able to attend some of the neighborhood meetings on this night. Speaker: Mollie Irwin, 507 Deerbrook Road Topic: Fund Raising Efforts. Ms. Irwin stated that her Grandchildren were out making money for the traffic light on Barrow Road. She stated they were selling "tadpoles", "homemade" cell phones, and handmade paper coffee cups, and have made $4.00 toward the light. She said that plus the $1 from the boy on the bus, earlier this year the total collected was $5. Speaker: Johnny Reep, 21 Buttermilk Road Topic: 1/4 cent Tax . Mr. Reep stated he was a 31 year citizen of Little Rock, and the past President of Firefighter's Local 34. He stated he was substituting for Mr. Ed Jaros, President of Local 34, was present to say that they were proceeding with their local 3 Minutes: July 2,2002 option 1/4 cent sales tax petition drive. He stated they were half way on obtaining the required signatures. He said it was a shame that the firefighters had to resort this method. He said it was a breakdown in communications, and obviously the firefighters have needs and those needs were not addressed. He said it was disturbing to hear comments of those citizens signing the petition. He said they are overwhelmingly in favor of the tax, and there are some ugly,comments toward the city government in general. He said that bothered him because he has friends on the board, and it is a shame what is happening, but that they were proceeding and wanted the Board to be aware, and Mr. Jaros would follow up. Mayor Dailey stated that the Board was engaging in discussion about a proposal that has come from Vision Little Rock and currently the Board has taken the position to support a proposal that would include the county on infrastructure and other issues, and the Board has added the'safety component that this, and hoped this was the one everyone would get behind. Mayor Dailey stated the Board was working on this to do the same thing the firefighters want to do. Speaker: Don Hood, P. O. Box 194101 Topic: Sewage on W. 23rd and Walker Streets. Mr. Hood said he bought a lot, and was amazed to find out that the neighborhood does not have city sewage. He asked if there was some kind of way for the city to assist in getting this area sewered. Mayor Dailey asked Mr. Hood to work with Mr. Moore on these issues. Grouped Items: 4-6 4. ORDINANCE NO. 18,708 - Z-3454-B—An ordinance reclassifying property located along the west side of Otter Creek Parkway, south of Wimbledon Loop in the City of Little Rock, Arkansas, from MF-6 to R-2; 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. 5. ORDINANCE NO. 18,709 -Z-7160 - An ordinance approving a Planned Zoning Development and establishing a Planned Commercial District titled—Huffstutlar— Short Form PCD located at#1 Voorhees Drive in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock,Arkansas; and for other purposes. (Planning Commission: 9 yes, Ono, 2 absent) Staff recommends approval. 6. ORDINANCE NO. 18,710 - Condemning certain structures in the City of Little Rock as structural, fire and health hazards;providing for summary abatement procedures; directing the City Attorney to take,such action as is necessary to raze and remove said structures; declaring an emergency; and for other purposes. Director Adcock asked what happens to the properties where the owner dies. Mr: Tom Carpenter, City Attorney asked if it were a question of who then owns the property. Director Adcock asked if the city could get possession of the properties if there is no will or probate and because of a lien, and turn them over to non-profit agencies and rehab the houses on these lots. Mr. Carpenter stated he didn't know if the properties had probates,just that the people were deceased, but what would happen is the city would tear down the houses, using it's police powers and if there was a mistake, a claim would be made against the estate, if not then the city would go through the process of trying to foreclose on the property and hope no one has a superior lien. In terms of whether the property could be given to a non-profit, title would have to be obtained first, and many times, what has been found in these matters is that the city is so far down the line in terms of our lien that the city cannot-get a title to it. If title is received,the city has on occasion used these properties for other purposes. Director Adcock asked what happens if the city is unable to located anyone. Mr. Carpenter answered that the property would be posted once the demolition has occurred as a form of notice under Arkansas law, and if that notice is not responded to within the appropriate time, then there is an attempt to foreclose and hope that the city is not inferior in title to anyone else. Director Adcock asked how many properties does the city have liens on, or the people are deceased, or unable to locate. Mr. Carpenter stated he did not know. Director Adcock asked if any process was being done to take possession of these properties. Mr. Carpenter answered that there are a few properties that the city tries to take possession of but nine times out of ten, find that the city is so far down the line it's impossible, and costly to pursue, so the city usually doesn't pursue it. Director Adcock stated she thought that is why there are so many weed lots because demolition is done, and then nothing else is done, and wanted staff to look into the possibility to start doing something on these liens and getting these weed lots turned back into housing. Mayor Dailey asked Mr. Moore to discuss with staff and come back with recommendations for discussion. 4 Minutes: July 2,2002 Mayor Dailey announced that he had no speaker cards on any of the four public hearings listed on tonight's agenda and asked to group items 9, 10, 11 12, after opening and closing each public hearing. The Board members agreed. The ordinances were read the first time. Separate Items: 7-15, 7. RESOLUTION NO. 18,321.-Z-7159—Rescinding the Little Rock Planning Commission's action in approving a Conditional Use Permit to allow for placement of multi-sectional manufactured home on R-2 zoned property located at 10719 Stagecoach Road (Planning Commission: 7 yes, 3 no, I absent). Staff recommends denial. (1St reading: June 18,2002.)Deferred from June 18, 2002.) Mr. Bob Turner, Public Works Director clarified the issues in regard to the manufactured home being in the floodway or floodplain, saying a good deal of the property was;but the site selected for the manufactured home was not. He addressed the issue of the excavation of the property saying that material had been deposited and excavated, but that it was done some time ago. The research showed it to have been in 1996/1997. He also stated there had been no violation of the ordinance. Mr. Walter Riddick, attorney for the applicant, stated his position as the applicant's attorney was that this was an unobtrusive use, it does not conflict with anything in the immediate area. He stated the application speaks for itself, but would answer any questions. Mr. Riddick stated for health reasons, Mr. Hines,the applicant was not present tonight. There were three persons present to speak in opposition of the manufactured home being put on the property. The speakers were Ms. Paula Perry, 10601 Stagecoach Road, Mr. Mark Broach, 10805 Stagecoach Road, and Mr. James Elliott, Sr. 10719 Stagecoach Road. . They cited reasons for their opposition as being that it would drive down property values, that in the past the owner had not been a good neighbor, that they had not kept their property up, letting it become overgrown, with deep holes that retain water, flooding issues, sewer issues, and not wanting to start the trend of manufactured homes in the area. Mr. Elliott stated that his address was listed in the title of the resolution. That the correct address was 10709 Stagecoach Road. Vice Mayor Cazort stated if that is the title on the resolution,he moved to amend it to the correct address; the motion was seconded by Director Kumpuris. By unanimous voice vote of the Board members present,the resolution was amended. The resolution was read as amended. Director Adcock made the motion to adopt the resolution, Director Wyrick seconded the motion. A roll call vote was taken and recorded as follows: Director Pugh, yes, Hinton,yes, Lichty, no, Stewart,yes,Kumpuris, yes, Wyrick yes, Graves, no, Adcock, yes, Vice Mayor Cazort, no, Mayor Dailey,no. The vote was recorded as 6 yes, 4 no, Director Keck absent. The resolution passed, disallowing the manufactured home at this location. 8. ORDINANCE NO. 18,711 - Z-7212—Approving a Planned Zoning Development and establishing a Planned Office District titled Little Rock Association of the Deaf— Short Form POD located at 9005 Lew Drive in the City of Little Rock,Arkansas, and for other purposes. (Planning Commission: 10 yes, 0 no, I absent.) Staff recommends approval. (1 r reading June 4, 2002.)Deferred June 4, 2002 to June 18, 2002; deferred June 18, to July 2"a 2002). 9. PUBLIC HEARING & ORDINANCE NO. 18,712 --To establish the Stagecoach Village Municipal Multi-purpose Property Owners' Improvement District No. 12 of Little Rock, Arkansas. . Mayor Dailey opened the public hearing. There were no speakers present for or against the ordinance. Mayor Dailey closed the public hearing. 10. PUBLIC HEARING & ORDINANCE NO. 18,713 -To vacate and close the alley in Block 187 of John Barrow Addition to the City of Little Rock. (Planning Commission: approved unanimously). Staff recommends approval. Mayor Dailey opened the public hearing. There were no speakers present for or against the ordinance. Mayor Dailey closed the public hearing. 11. PUBLIC HEARING & RESOLUTION—11,322 -Authorizing the issuance of up to $28,245,000 of City of Little Rock,Arkansas Waste Disposal Refunding and Improvement Revenue Bonds,Series 2002. Mayor Dailey opened the public hearing. There were no speakers present for or against the ordinance. Mayor Dailey closed the public hearing. The resolution was read. A motion was made by Vice Mayor Cazort; seconded by Director Kumpuris,to adopt the resolution. By majority voice vote of the board members present, the resolution was adopted. Director Adcock abstained. 12. PUBLIC HEARING & ORDINANCE—18,714 -Authorizing the issuance of up to $3,630,000 of City of Little Rock,Arkansas Capital Improvement Junior Lien Revenue Bonds, Series 2002. Mayor Dailey opened the public hearing. There were no speakers present for or against the ordinance. Mayor Dailey closed the public hearing. Items 6, 8, 9, -12 were read the first time. The rules were suspend to provide for the second and third readings of the ordinances by two thirds vote for the board members 5 Minutes: July 2,2002 present; by majority vote of the board members present, the ordinances and emergency clause were passed. Director Wyrick voted no. 13. REPORT- Little Rock Board of Directors. Director Kumpuris announced that the pass system for parking in Riverfront Park was now in place, and there have been thirty or forty people who have bought month long passes for$35 to park there, and there is a day pass that gets a person in and out as many times as needed, and all the money will stay in the park for improvements to Riverfront park. Mayor Dailey reminded citizens of a vote coming up July 9, 2002 for the bond issues for the Hilton Hotel improvements on University Avenue. Mr. Bob Biles, Finance Director stated that there was no encumbrance or risk to the City. Mayor Dailey announced that corrections were being made to the Kiplinger Report that recently stated that the City of Little Rock ranked unfavorably in terms of tax friendliness. He announced that after investigation, errors were found and in the next Kiplinger Report,would show the city's tax position to be much less than was stated in the earlier letter. 14. REPORT - City Manager's Activity Report Mr. Bruce Moore, Acting City Manger reminded the Board to leave their lap top computers for maintenance purposes. Vice Mayor Cazort made a motion to go into executive session to consider appointments to various Boards and Commissions,Director Adcock seconded the motion, and by unanimous voice vote the Board recessed at 7:10 to consider the appointments. The Board reconvened at 7:20 PM. Mr. Moore announced the recommendations as follows: City Beautiful Commission - John Beneke; Community Housing Advisory Board— Arthur Williams,Historic District Commission—Marshall Peters; McArthur Military History Museum Commission—Reinstatement of Jason Hendron and Rick Comber; Little Rock Port Authority—Reappointment of Mike Mauldin. Vice Mayor Cazort made the motion to approve the recommendations; Director Kumpuris seconded the motion, and by unanimous voice vote of the Board members present,the recommendations were approved and the appointments made. 15. RESOLUTIONNO. 11,323 - To make appointments to various Boards & Commissions. (See above.) Director Hinton made a motion to add and adopt a resolution in favor of Wakefield Elementary being rebuilt on the ordinal site. Director Adcock seconded the motion, and by unanimous voice vote of the Board members present, the resolution was adopted. RESOLUTION NO. 11,316—To encourage the Little Rock School Board to reconstruct Wakefield Elementary School on the same site;to keep the student body at he same school during the construction process; and for other purposes. A motion was made by Vice Mayor Cazort to adjourn; seconded by Director Kumpuris, and by unanimous voice vote of the Board members present,the meeting adjourned at 7:40 PM. ATTEST: APPROVED: Nancy Wood City Clerk Jim Dailey,Mayor 6 r