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04-20-04Little Rock Board of Directors Meeting April 20, 2004 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham April 20, 2004 • 11'� The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. Assistant City Clerk, Nataki Blocker called the roll with the following Directors Present: Pugh, Vice Mayor Hinton, Keck, Adcock, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey, Graves, Director Kumpuris enrolled at 6:05 and Vice Mayor Hinton enrolled at 6:02. Vice Mayor Hinton gave the Invocation, which was followed by the Pledge of Allegiance. CONSENT AGENDA (1 -9) 1. MOTION - -To approve minutes from the Little Rock Board of Directors regular meetings: January 20, 2004 and February 17, 2004 and reconvened meeting of February 24, 2004. 2. RESOLUTION NO. 11,731 - Authorizing the City Manager to enter into a contract with Safetycom for an Outdoor Warning Siren System, allocating $50,154.31 from the 2004 Issuance and Reserve Fund to the Police, Fire and Emergency Communication Improvement Fund; and for other purposes. (2004 Bond Project). Synopsis: To authorize the City Manager to award the contract for the outdoor warning siren system to SafetyCom in the amount of $1,700,154.31. 3. RESOLUTION NO. 11,732 - Authorizing the City Manager to accept bids and award a contract to E -Z Textron for the lease of golf cars for the Parks and Recreation Department. Synopsis: A resolution authorizing the City Manager to enter into a three -year lease with E -Z Go Textron for 142 electric golf cars, 15 gas golf cars, 3 gas utility carts, 1 concession /refreshment cart and 1 utility cart with protective cage. Bid Amount $17,000. 4. RESOLUTION NO. 11,733 - To authorize the City Manager to purchase park land along Rock Creek Park in western Little Rock, Synopsis: Little Rock Parks and Recreation is currently developing a pedestrian and bike trail along Rock Creek Park in western Little Rock. Staff has identified a ten -acre parcel of land between Rock`Creek and St. Charles Neighborhood that will make a nice addition to the property and provide access off of St, Charles Boulevard. The cost of the land $ $157,000. Money is available in the Rock Creek Trail Account 5. RESOLUTION NO. 11, 734 - To authorize the City Manager to enter into a contract with Benham Companies in an amount not to exceed $115,000 for architectural and engineering services related to improvements to the Garrison Road Park property and soccer fields; and for other purposes. (2004 Bond Project). Synopsis: Funding is available through the 2004 Bond issue. Little Rock Board of Directors Meeting April 20, 2004 6:00 PM 6. RESOLUTION NO. 11,735 - To appoint Friday, Eldredge & Clark as bond counsel for the proposed 2004 Capitol Equipment Short-term financing project and for other purposes. Synopsis: To appoint bond counsel for the 2004 Short -term financing of capital equipment 7. RESOLUTION NO. 11,736 - Authorizing the City Manager to enter into a lease of ball park facilities owned by the Optimist Club of Rosedale; and for other purposes. 8. RESOLUTION NO. 11,737 - Authorizing the write off of un- collectible street cut and landfill accounts; prescribing other matters relating thereto. Synopsis: The resolution writes off $4,961.60 of un- collectible street cut accounts and $4,013.38 of un- collectible landfill accounts. 9. RESOLUTION 11,738 - Declaring the intent of the City of Little Rock, Arkansas to reimburse itself for Capital Expenditures from the proceeds of short-term financing obligations of the City; and prescribing other matters relating thereto. Synopsis: The resolution will allow the City to reimburse itself from a future short-term financing for up to $2,460,000 of vehicles, equipment, building improvements and technology improvements. The consent agenda was read. Director Adcock made the motion to adopt the Consent Agenda, seconded by Director Cazort. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. PUBLIC HEARINGS (10 —13) 10. PUBLIC HEARING & RESOLUTION Z -7506 - To rescind the Little Rock Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property located at 10211 Republic Lane. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval of the Special Use Permit. Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit to allow a day care family home on the R -2 zoned property at 10211 Republic Lane. Mayor Dailey opened the public hearing. Mayor Dailey read the resolution. Mr. Dana Carney, Planning and Zoning Manager, gave an overview of the item saying it was an application that was approved by the Little Rock Planning Commission at their October 30' 2004 meeting. The proposal was to use the existing single- family residence at 10211 Republic Lane as a day care family home. That means no more than ten children total, and that it is within the resident's single family home. He stated staff is recommending approval of this application. He stated this particular application as with the other two on tonight's agenda, were dealt with by the Little Rock Planning Commission on October 30, 2003 which was prior to the February 12th Planning Commission Meeting where the new ordinance standards were recommended by the Commission, and the March 16th Board of Directors Meeting where those amendments were adopted. The three items were reviewed under the old standards for day care family homes. Dana stated that staff did go back and look at them to see how they would comply with the current standards. This particular site does not have another licensed day care family home or day care center within three hundred feet. The site does have a two -car wide paved driveway, which is adequate for parking of the parents as they drop off and pickup the children. 2 Little Rock Board of Directors Meeting April 20, 2004 6:00 PM Staff did notice one vehicle parked in the yard, and was unsure if it was operable or inoperable, but the new ordinance standard would require any vehicles parked in the yard be removed, and all vehicles on the site be operable so they will have to comply with that standard. This particular daycare has been in operation since March of 2003. Mr. Troy Laha spoke in opposition to the day cares saying they are businesses, and in their neighborhood land action plan have specified that they do not want any businesses in the middle of neighborhoods regardless of what they are. Mr. Laha stated the city requires the neighborhood to have a bill or assurance, and most of these bills of assurance talk about businesses in the neighborhood. Mr. Laha stated the day cares disturb the neighborhood by having additional traffic, and value of their property downgraded. Director Adcock asked when the currently operating day cares would receive copies of the new ordinance. Mr. Carney responded that staff was in the process of getting those out within the next week. Ms. Ophelia Morgan, the applicant, stated she was state certified. She stated she has ten children ranging from three months to twelve years of age, plus three children of her own. She stated that this past summer a gentleman representing the City called her and told her she would need to get a business license, and most of the children she keeps live in the community. She said she does park in her yard so her parents could pick up the kids on the paved driveway. She said her backyard is fenced and she has play equipment for the children and they are not noisy. Ms. Morgan stated she would comply with the new ordinance. Ms. Ruth Bell stated home daycares exist because there is a need for them. It is as much of a part of a neighborhood as schools churches, or other public institutions. She said they do encourage some traffic, they do carry some noise, but it is part of the neighborhood and a necessary service. Some do a better job of keeping with the ordinances than others, but hopefully as the three year cycle has gone through, everyone will feel better about having some of their concerns addressed. Ms. Shannika Nickleberry, stated she was a patron of Ms. Morgan's day care, that she lived in the neighborhood, and it was convenient. She said there had always been a place for her to park when leaving or picking up her children. Mr. Roy Johnson, stated he was supportive of Ms. Morgan's daycare. He said he has a twenty -one month old granddaughter that goes to her day care. He said he drops her off and picks her up occasionally and could see no reason to rescind her permit. Dana Koyte spoke in support of Ms. Morgan's day care. She stated her daughter attends this day care, and that Ms. Morgan is a warm a caring teacher. She stated there has always been parking when she picks up and leaves her child. She said there is some noise of the children playing. Ms. Pam Noble stated there are always problems with the parking at this particular day care. She said there is always a car in the yard. They have four vehicles, ;three autos and one truck Parked at this location. Ms. Noble stated there was a disturbance at this site on April 15t , there were two police cars parked at the location. She stated she failed to get a report as to what it pertained to. Ms. Noble stated there is a lot of traffic up and down this road. Ms. Nobel asked the Board to not allow the special use permit. Ms. Courtney Vester, stated she was Ms. Morgan's neighbor, and that the daycare facility posed no problems for them as her neighbor. Mayor Dailey closed the public hearing. Mayor Dailey asked Mr. Carpenter, City Attorney, if this needed to be voted up,or down, or if no action which would allow the daycare to continue forward. Mr. Carpenter stated if there is no motion to adopt the resolution, then the action of the 3 Little Rock Board of Directors Meeting April 20, 2004 6:00 PM Planning Commission stands. Director Adcock asked if the person providing the care lives in this residence. Ms. Morgan, the applicant stated that she and her husband do reside at this residence, she stated they moved there July 9, 2001. Director Adcock moved for the adoption of the resolution. Director Wyrick asked if there had been any complaints received on the daycare at this location. Mr. Dana Carney, Planning and Zoning Manager, answered no. Director Wyrick asked if since this daycare was approved prior to the adoption of the new ordinance, what the revocation procedure would be. Mr. Carney answered that the revocation procedure adopted by the Board on march 16, 2004 stated that the revocation proceedings may be initiated by staff or on receipt by staff of a petition signed by the residents of no less than twenty -five percent of the properties located within two hundred feet of the site. That would bring it back to the Planning Commission for the consideration of revoking the special use permit. Director Pugh seconded the motion. Mayor Dailey asked for a roll call vote which was recorded as follows: Directors Pugh, Hurst, Cazort, Stewart, Wyrick, Kumpuris, Graves, Vice Mayor Hinton, Mayor Dailey voted no, Director Adcock voted no, but Mr. Carpenter stated since she had made the motion, that she would have to vote in favor: of the resolution. Director Adcock voted yes, but noted that she made the motion in order for the resolution to be voted upon. The resolution failed. 11. PUBLIC HEARING & RESOLUTION NO. Z -7510 — Rescinding the Little Rock Planning Commission's Action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property located at 5200 Westminster Drive. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval of the Special Use Permit Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit to Allow a day care family _ home on the R -2 zoned property at 5200 West Minister Drive. 12. PUBLIC HEARING & RESOLUTION NO. Z -7507 — Rescinding the Little Rock Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property located at 7516 Vega Drive. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval of the Special Use Permit Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit to allow a day care family home on the R -2 zoned property at 5200 West Minister Drive. Mr. Tom Carpenter, City Attorney, noted that Items 11 and 12 are not properly before the Board saying that they were untimely appeals. Director Keck made the motion to remove the items from the agenda. Director Cazort seconded the motion. Director Cazort asked if they would be taken off indefinitely? Mr. Carpenter stated they are untimely appeals so they would just be removed. There was no discussion. By unanimous voice vote of the Board members present, the motion carried and the items were removed from the agenda. 13. PUBLIC HEARING & ORDINANCE NO. 19.085 - Z- 4454 -A — To repeal Ordinance No. 18,564 and revoke a Planned Zoning District titled Miller Short-Form POD located at 15,122 Cantrell Road, and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval of the requested revocation. Synopsis: The applicant requests that the existing POD Zoning be revoked and the property revert to its original R -2 zoning. 4 Little Rock Board of Directors Meeting April 20, 2004 6:00 PM Mayor Dailey opened the public hearing. Mr. Dana Carney, Planning and Zoning manager gave an overview of Item 13, saying it was a request to appeal a previously approved planned office development at 15122 Cantrell Road. It was adopted in the fall of 2001. The proposal was to convert an existing residence at the address into a beauty school. There are two buildings on the property, one was going to be the beauty and one was going to be the residence. The applicant has chosen not to go through with that and has asked for the POD to be revoked, which would return the property to Single Family Residential. The applicant initiated this request. The Planning Commission and staff are in approval. Mayor Dailey closed the public hearing. The ordinance was read the first time. Director Cazort, seconded by Director Adcock made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of Board members present, being two- thirds in number the rules were suspended to provide for the second reading. The ordinance was read the second time. Director Cazort, seconded by Director Adcock made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of Board members present, being two - thirds in number the rules were suspended to provide for the third reading. The ordinance was read the third time. By unanimous voice vote of the Board members present the ordinance passed. 14. ORDINANCE NO. 19,086 - To amend Little Rock, Arkansas Ordinance No. 19011, (December 16, 2003) to adjust the fiscal year 2004 Budget ordinance to note 2003 encumbrance rollovers, transfers between funds, revenue, and other adjustments; to declare an emergency; and for other purposes. Synopsis: Six Adjustments need to be made to the FY04 Budget to adjust for known changes. The ordinance was read the first time. Director Cazort, seconded by Director Adcock made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of Board members present, being two - thirds in number the rules were suspended to provide for the second reading. The ordinance was read the second time. Director Cazort, seconded by Director Adcock made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of Board members present, being two- thirds in number the rules were suspended to provide for the third reading. The ordinance was read the third time. By unanimous voice vote of the Board members present the ordinance and emergency clause passed. 15. ORDINANCE NO. 19,087 - To amend Little Rock, Arkansas Revised Code 28 -28 (1988) to modify the rates for solid waste collection services; to declare an emergency; and for other purposes. Synopsis: The ordinance would increase the monthly change for solid waste collection from 18.91 to $20.99. The ordinance was read the first time. There was discussion regarding managing the rate increases, the hardship on senior citizens, what services are included in the rate increase, and what has triggered the increase. Mr. Guy Lowes, Public Works Director overviewed the solid waste services which include curbside recycling once a week, garbage collection once a week, yard waste collection once a week, there are some on calls when needed, roll offs on scheduled cycles, pickups on vacant lots and houses, the pick up of white 5 Little Rock Board of Directors Meeting April 20, 2004 6:00 PM goods, yard waste which goes into the compost operation, pick up for youth teams, adopt a street programs, neighborhood cleanups on scheduled basis. Mr. Bob Biles, Finance Director, explained that approximately two years ago a rate study was done, and that study projected at the rate for 2004 would be $23.46. Because of that the Board, took a look at how to lower that rate. The city bid out the collection service and because of that, the city has been able to lower the rate increase to $20.00 for this year. Mr. Biles stated that it is an increase but looking back to two years ago, this is less than what the city was facing at that time. Mr. Biles stated that study indicated that rates would have to go up. It was forecast for last year, but because the rates were implemented late in 2002, going into effect in September of 2002, it was agreed to not increase the 2003 rate as it was forecast. It was delayed a year. It was anticipated two years ago that rates would have to go up to provide for the level of service to remain. Mr. Biles stated the $20.99 rate is intended to last for three years. Director Wyrick asked if there was any additional equipment or personnel included in this increase. Mr. Bruce Moore, City Manager answered no, that this increase maintains the current level. Director Wyrick asked if the implementation of a charge for additional carts took place. Mr. Guy Lowes, Public Works Director answered that it was implemented. Director Keck asked how state regulations and environmental regulations impact the City's rate. Mr. Guy Lowes stated that there are federal rules that govern, and the Arkansas Department of Environmental Quality has been authorized to implement the agency that enforces the regulations and rules. Mr. Lowes stated there is considerable expense to keep in compliance with these rules and regulations. Director Keck and Director Graves stated that she has heard more favorable comments since the City has taken over collection. Director Keck offered an amendment being sensitive to the fact that customers are concerned with the rate increase, and what may need to be done is modify the services which are provided which would allow the rate increase from being quite as high. He stated wherever it was appropriate he would like to offer that amendment. Vice Mayor Hinton stated if this was not passed, there may be some services that could not be provided at the level they currently are. He said he was not comfortable with the additional fee, but was comfortable knowing those fees are going toward helping the city. Director Hurst asked Mr. Moore, City Manager, what the consequences of the city and citizens :would be if the additional rate increase does not pass. Mr. Moore said there would be a significant impact on the bonds, and deferred the questions to Mr. Carpenter. Mr. Carpenter stated that certain obligations had to be met in order to maintain the requirements with state law. Mr. Carpenter stated he did not think there was an option of not passing the ordinance. He stated he believed that decision was made a couple of years ago. He said he believes staff has come forward with what they think needs to be done. Director Hurst asked if it affects the bonds because the solid waste budget is short a million dollars? Mr. Carpenter stated there is that, but there is a component that it takes to maintain compliance with federal regulations. Mr. Bob Biles, Finance Director, stated that one of the bond covenants stated that the city would operate the system, as it should be, and one of those requirements is that revenues equal expenditures. If the city is not willing to raise the revenues, then the expenditures have to be reduced, which in this case would mean service cuts. Director Hurst said the options tonight for the Board is to pass the ordinance or to look at reducing services. Mr. Carpenter stated even reducing services, it n Little Rock Board of Directors Meeting April 20, 2004 6:00 PM is not like the trash and garbage won't be there, and this would have to be dealt with somehow. Mr. Don Darnell, stated no system is perfect, but overall has nothing but good to say about Public Works and the folks who pick up the trash and yard waste, old furniture, etc. He stated he was happy with the service. Mr. Darnell stated he understood that this is step two in a two -step process, but wanted to revisit something that Director Cazort brought up, and that was that everything should be on the table, and some people get Rolls Royce pick up and some are getting Chevrolet pickup. He said he has neighbors who fill up two of the big green carts every week, and guessed that they were paying the extra seven dollars a month. He said every week they fill them up and there seems to be no end to what they can put in them. He said his household generates each week, approximately one plastic shopping bag full. He asked the Board to look at a pay as you throw, where the people who generate more, pay more. He asked the Board to look at mandatory recycling. Director Cazort asked if there was someway, if the city does not look at pay as you throw, to at least figure out a way to give a credit to those who recycle. Mr. Moore stated he had spoken to Waste Management about an education piece. Ms. May Hardin, spoke against another increase in the waste collection. She said she was a single person, and does not generate that much waste. She said it takes her a month or better to fill out the trash bin, and then some people have two and three carts each week. She said the burden is not fair. She stated she has a problem with this fee being on the water bill, she said if she does not participate in the trash pickup, then they cut her water off, and felt it unfair. Director Keck offered a motion to make an amendment stating that instead of a rate increase of $20.99, asked that this amount be shaved by $1.13, making it $19.86, which would eliminate the enhancement two and -- board pickup which was implemented a couple of years ago, and would make the rate increase right at 5% instead of almost 11% which is being asked for in the ordinance tonight. Director Cazort seconded the motion. Director Hurst asked how this would affect the number of people required to do this job. Mr. Moore stated staff would have to be reduced. Mayor Dailey asked Mr. Guy Lowes, Public Works Director }what the citizens would lose if this amendment were passed. Mr. Lowes explained that public works would not be picking up nearly the materials that is on the street, vacant lots, vacant houses, some other places because staff would be reduced and some trucks would be parked and eventually sold. Mr. Moore stated he thought not having these additional services would impact the city. It will mean seeing trash on the streets, and no mechanism for picking it up in a timely manner. Mayor Daily called for a roll call vote which was recorded as follows: Directors Pugh, no, Hurst, yes, Cazort, yes, Keck, yes, Stewart, no, Wyrick, no, Kumpuris, no, Graves, no, Adcock, no, Vice Mayor Hinton, no, Mayor Dailey, no. The amendment did not pass. Director Hurst, seconded by Director Cazort 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 to provide for the second reading. The ordinance was read the second time. Director Hurst made a motion, seconded by Director Pugh to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two thirds in number, the rules were suspended to provide for the third reading. The ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors Pugh, yes, Hurst, yes, Cazort, yes, Keck, no, Stewart, no, VA Little Rock Board of Directors Meeting April 20, 2004 6:00 PM Wyrick, yes, Kumpuris, yes, Graves, yes, Adcock, no, Vice Mayor Hinton, yes, Mayor Dailey yes. The ordinance and emergency clause passed. 16. RESOLUTION NO. To authorize the Mayor to issue a letter of support to the Arkansas Development Finance Authority (ADFA) for thirty -two new lease -to- purchase homes in the Amy Ridge Subdivision, located at 8901 Labette Drive in the City of Little Rock, Arkansas; and for other purposes. The resolution was read. Mayor Dailey read into the record a letter from William "Bill" James, Acting Chair of the Community Housing Advisory Board: April 20, 2004 Mayor Jim Dailey City of Little Rock Baord of Driectors RE: Amy Ridge Subdivision, 8901 Labette Drive Dear Mayor Dailey Although we did not have a quorum at last night's meting, upon the Community Housing Advisory Board's CRAB) further review of the above referenced proposal from the Angel City Development Corporation of Jackson, Tennessee, it was the unanimous position of those present that we decline to ig've a positive recommendation for a letter of support to the Arkansas Development Finance Authority to obtain tax credits. Our reasons are as follows: 1. It appears from our materials and the staff report that Angel City Development's proposal does not provide for adequate credit checks of the applicants. In addition, no provision is present for criminal background checks. 2. The Property Management aspect of the project is not addressed. 3. The developer has indicated that he does not intend to provide housing counseling; rather it intends to create its own mortgage company. The CHAB feels that housing counseling is s very important. The creation of a new mortgage company seems risky especially without additional background information on Angel City Development. While we believe that, in concept, this is a good idea with a lot of potential, the CHAB's concern is that there seems to be some shortcuts being taken by Angel City Development in addition to a lot of unanswered questions surround this project. Sincerely, Little Rock Board of Directors Meeting April 20, 2004 6:00 PM William O. "Bill" James Jr. Acting Chair Community Housing Advisory Board. Mr. Moore stated that staff was recommending denial of the resolution, due to the applicant not providing adequate information to the neighborhood or the city regarding the development. There was not action by the Board of Directors to make a motion for the adoption to the resolution. The resolution failed. CITIZENS COMMUNICATIONS There were no citizens present to speak during Citizens Communications. Mr. Moore announced that the City Attorney has filed a Notice with the Court to close the mobile home park on Dailey Drive, which was the first targeted area, and would receive the okay to abate that property. Mr. Carpenter announced that no decision has been handed down regarding the Use Tax. Director Cazort, seconded by Director Hurst made the motion to adjourn. By unanimous voice vote of the Board members present, the meeting was adjourned at 8:00 PM. ATTEST: N ncy W d, City Clerk APPROVED: `UL 1 &ems Jim0ailey, Mayor E I I Y {