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.
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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
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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.
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Little Rock Board of Directors Meeting
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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
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Little Rock Board of Directors Meeting
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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
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Little Rock Board of Directors Meeting
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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,
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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
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