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05-28-02Minutes: 5 -28 -02 Reconvened Meeting MINUTES Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas May 28, 2002 4:00 PM The Board of Directors of the City of Little Rock, Arkansas met in reconvened session with Mayor Jim Dailey presiding. The roll was called by City Clerk, Nancy Wood, with the following Directors present: Pugh, Stewart, Graves, Lichty, Kumpuris, Keck, Adcock, Wyrick and Vice Mayor Cazort. Directors Kumpuris, Adcock, Hinton, Stewart were not present at roll call, but enrolled a few minutes later. 1. ORDINANCE NO. 18,685 -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. (2nd Reading). Mayor Dailey asked if a motion would be in order to reconsider the vote dealing with the suspension of the rules, as last week there was a vote that was unsuccessful in suspension of the rules. He stated this would come back up at the next regular meeting automatically. Mayor Dailey asked Mr. Tom Carpenter, City Attorney what would be in order. Mr. Carpenter stated if someone wants to reconsider it, that voted against moving forward the last time, could make the motion, and anyone could second the motion. There was some discussion on what the exact amount of surcharge would be, as several numbers had been discussed at the last meeting. It was determined by the Finance Director, Bob Biles, that the amount was $1.90. There was discussion as to this $1.90 going into the general fund, and exactly what it would go toward out of the general fund. Mr. Biles explained that in the budget you take all the revenues for the general fund, the $106 million and then allocate it to the various expenditure line items; police, fire, planning, all the operations within the budget and break it down on the expenditure level, taking the total revenues and then allocating them during the budget process. Mr. Carpenter stated that when the issue first arose last year during the budget discussion, there was a question about the propriety of the City assessing a franchise fee for Solid Waste Collection, particularly the damage that occurs and impacts on the streets to perform the waste collection each week.. He said the concern was that a franchise fee which Arkansas says is essentially for the rental of the use of rights -of -way is not really the most appropriate way to term this because it is the City collecting the garbage, so why would the city charge itself a rent for doing what they are doing anyway. There are definite costs the City has to incur because it has a solid waste disposal system from the use of the right of way. That is what the transfer is essentially trying to do, to recognize those costs to the city other than jut the cost of picking up the garbage and taking it to the landfill. That was how the Manager and the Finance Director developed the $1.90 per household charge. Director Wyrick made the motion to reconsider the motion to suspend the rules and place the ordinance on second reading, Director Stewart seconded the motion. A roll call vote was taken and recorded as follows: Directors: Pugh, yes, Hinton, yes, Lichty, yes, Vice Mayor Cazort, no, Keck, no, Stewart, yes, Wyrick, no, Kumpuris, yes, Graves, yes, Adcock, yes, Mayor Dailey yes. The motion to reconsider passed. Mayor Dailey announced the original motion to suspend the rules was back before the Board. Director Adcock made the motion to suspend the rules and place the ordinance on second reading; Director Lichty seconded the motion. Directors: Wyrick, Keck and Vice Mayor Cazort voted against the suspension of rules. Directors: Pugh, Hinton, Stewart, Kumpuris, Graves, Lichty, Adcock, and Mayor Dailey voted to suspend the rules and place the ordinance on second reading. The motion passed. Mr. Carpenter, City Attorney, stated there was e-mail sent to the Board last week. Mr. Lowes, Assistant Public Works Director, had two slight corrections in Section 2, adding the word "bulky waste" and in Section 5 regarding the effective date, making it September 11, 2002 instead of September 12, 2002 to ensure there was no overlap, and those amendments need to be made. Director Lichty moved to amend the ordinance as stated; Director Adcock seconded the motion. A roll call vote was taken and recorded as following: Directors: Wyrick, Keck and Vice Mayor Cazort voted no. Directors: Pugh, Hinton, Stewart, Kumpuris, Graves, Lichty, Adcock, and Mayor Dailey voted to amend the Minutes: 5 -28 -02 Reconvened Meeting ordinance. Vice Mayor Cazort stated that at one point, his recollection was that Public Works stated they could do all this for $15.01 and including the $1.90 that the fee would go to the general fund, made the motion to amend the ordinance to reduce the rate from the $19.04 to the $16.91 for the basic service (no enhancements) through out the city. Director Keck seconded the motion. Mr. Bruce Moore, Acting City Manager, stated staff's recommendation is as proposed. Mr. Guy Lowes, Assistant Public Works Director said the rate they proposed was $17.78, and then enhancements were added (Number 2, with the modification of picking up a small amount of boards. The base proposal was what was set out in the bid documents. Mr. Lowes stated that services would have to be curtailed considerably to do the collection at the $16.91 rate. Director Adcock asked the Board to keep the enhancements because the trash piling up in the neighborhoods was unacceptable. Director Keck asked if those who owned the vacant lots and home be the ones to incur the expense rather than the rest of the folks. Director Hinton stated it is not always the owner of the property doing the dumping; it is often others who illegally dump trash. . Mr. Lowes stated based on the enhancement and the amendment to the ordinance, they would pick up what is there, but if there was something identifiable as not belonging at that address, then additional action would be taken and turned over to code enforcement. A roll call vote was taken and recorded as follows: Director Keck and Vice Mayor Cazort voted for the amendment. Directors: Pugh, Hinton, Stewart, Graves; Lichty, Kumpuris, Adcock, Wyrick, Adcock and Mayor Dailey voted against the amendment. The motion failed. The ordinance was read the second time. Director Lichty moved to suspend the rules and place the ordinance on third and final reading. A voice vote was taken and recorded as follows: Directors Wyrick, Keck, and Vice Mayor Cazort voted no. Directors: Pugh, Hinton, Lichty, Stewart, Kumpuris, Graves, Adcock, and Mayor Dailey voted yes. The ordinance was read the third and final time. Mayor Dailey recognized Mr. Joe Healy, 301 Shadow Ridge Drive, who spoke in opposition to the $1.90 transfer fee saying it was a hidden tax and the board would be setting a bad precedent if they voted for the ordinance. He said it is an unfair tax where the taxpayer is not going to know what it is being spent for. He asked what the citizens were going to get for the $1.90. Mr. Tom Carpenter, City Attorney clarified that a tax cannot be collected without the vote of the people, and that was why the board had a very careful discussion about it last December, to make sure that was not the case. The Manager said last December that the types of things that would be dealt with would be the impact this has on the roads, things such as equipment and cost to various departments supporting this. Mr. Carpenter said the $1.2 million over the course of the year is going to pay the costs to the city that is involved in the delivery of these services. The costs to the citizens just to pick up the garbage don't totally pay for these items. Vice Mayor Cazort asked for the record what is the rate that is included in the proposed ordinance? Director Lichty answered that it was $18.91, which includes the $1.90 transfer fee, and the enhancements, and it includes yard trash being picked up, and recycling would be picked up. A roll call vote was taken and recorded as follows: Directors: Pugh, Hinton, Lichty, Kumpuris, Graves, Adcock, Mayor Dailey voted yes. Directors Stewart, Keck, Wyrick and Vice Mayor Cazort voted no. Mayor Dailey asked for the adoption of the emergency clause. By voice vote the emergency clause was adopted with a voice vote as follows; Directors: Pugh, Hinton, Lichty, Kumpuris, Graves, Adcock, and Mayor Dailey voted yes, Directors: Stewart, Keck Wyrick and Vice Mayor Cazort voted no. Mr. Carpenter advised that there was no emergency clause as it had been amended to an effective date. Mayor Dailey asked for a mooting to expunge the last vote on the emergency clause. Director Keck made the motion; Directory Adcock seconded the motion, and by unanimous voice vote the vote on the emergency clause was expunged. 2. ORDINANCE - Z- 5910 -A — rezoning property located at the southwest corner of Geyer Springs and Forbing Roads from C -3 to C -4. (Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends approval. (Deferred to June 4, 2002) The ordinance was read the first time. Director Adcock stated she had not seen any more information that she had asked for, and the applicant could do the car wash right now with a PUD, which would give the neighborhood people the ability to look at hours, lights, and noise and zoning this C -4, would not be looked at again. She stated she had asked staff to work with the applicant to see if he would put some of these things in his application. Mr. Lawson, Director of Planning and Development, said he was not sure the applicant 2 Minutes: 5 -28 -02 Reconvened Meeting was there, but said staff has recommended this to be rezoned to C -4. He stated that all around this property is zone C -4 and I -2. He said he was not sure what the neighborhood people were taking about, but said he did contact the applicant, and explained to him that at least one Board member thought it would be better to be filed as a PCD, but did not get a response. Director Adcock made a motion to defer the item until the June 4, 2002 meeting. Director Wyrick seconded the motion. Director Keck stated according to the notes provided to the Board, this item passed unanimously at the Planning Commission and had staff recommendation of approval, and asked if any of the concerns voiced by Director Adcock during the planning process been entered, or if this was the first time this was being heard. Mr. Lawson said the only thing staff received was from Southwest UPS and they had expressed they were neutral, so as far as anyone being opposed until Director Adcock brought theses concerns up, they were not aware of anyone. Director Wyrick stated that the night it was brought to Southwest UPS was the first time they had heard about it, and the reason Southwest UPS stayed neutral was because the people were evenly on both sides of the issue. By a unanimous voice vote of the board members present, the ordinance was deferred to June 4, 2002. 3. ORDINANCE NO. 18,689 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Improvements for Prospect Steel located at 8900 Fourche Dam Pike. The ordinance was read the first time. Vice Mayor Cazort asked why this was a waiver rather than a deferral. Mr. Guy Lowes, Assistant Public Works Director, answered that Prospect Steel is on the same property as Lexicon Steel, and Lexicon did a waiver, they did an actual cost of making some repairs and everyone located there has done some in lieu's or actually posted some monies. This is the first one that is coming back a second time, so staff recommends approval because they have been through this and it is still a very small amount of the percentage of the area. Director Lichty asked why they wouldn't do an in lieu. Mr. Lowes stated they have a hardship, which would be equal to about $45,000. Vice Mayor Cazort asked Mr. Carpenter, City Attorney, whether boundary street improvements could be raised on a particular project without waiving them on future projects, or is a waiver complete once and for all. Director Cazort stated since they are making a small improvement, which triggers a large boundary street improvement, if staff can't waive this for the small improvement but not for a substantial improvement. Mr. Lowes stated that was what they were hoping to cover in staff's recommendation; that when they exceed the 10% the area that is developed, they would have to go to full amounts. Mr. Carpenter, stated that what triggers a waiver is certain improvements, so if they want to do additional improvements at some point in the future, the ordinance could be triggered again at that time. Mr. Carpenter stated the language could be incorporated into the ordinance and there would not be any doubt as to when improvements would be triggered. Vice Mayor Cazort made a motion to amend the ordinance to reflect the limits of the waiver. Director Lichty seconded the motion. By unanimous voice vote the ordinance was amended. Vice Mayor Cazort made a motion to suspend the rules and place the ordinance on second and third readings. By two - thirds vote of the Board members present, the rules were suspended to provide for the second and third readings. The ordinance was read the second and third and final time. By unanimous voice vote of the board members present, the ordinance was passed. 4. ORDINANCE NO. 18,690- To establish and lay off Otter Creek Property Owners' Improvement District. The ordinance was read the first time. Mr. Paul Hoover, representing the applicant, Otter Creek Land Company, Inc., who is the owner of approximately 250 acres that is the subject of the improvement district. The improvements would be to provide the infrastructure, streets, curbs, gutters, water, etc. as need to utilize the property. Director Adcock asked Mr. Hoover to explain what "lay off' means. Mr. Hoover stated it is a term lawyers use to just lay off the area, or describe it, and say this is going to be the district. Director Adcock asked if this district would have a group that oversees it, as the other districts do. Mr. Hoover stated they would have three commissioners, appointed by the petitioners. The rules were suspended by two thirds of the board members present to provide for the second and third readings of the ordinance. The ordinance was read the second and third time. By unanimous voice vote of the Board members present, the ordinance passed. Minutes: 5 -28 -02 Reconvened Meeting Director Kumpuris introduced the following ordinance to be added to the reconvened meeting agenda. Director Keck made a motion to add the ordinance to the agenda. Director Kumpuris seconded the motion, and by unanimous voice vote of the board members present, the ordinance was added. Mr. Jim Lawson, Director of Planning and Development, stated that staff did not have a problem with putting a sign at the planter eve. They had first proposed a ground mounted sign, that would be on Capital Avenue, and under the new ordinance, ground mounted signs are not allowed. Director Adcock stated she noticeed that at first, staff was in denial of this, and asked if staff had denied other applicants. Mr. Lawson stated he had only spoken to the applicant. Director Adcock stated her problem was that a planter only has four sides, and the bank building has a lot of tenants and asked Mr. Lawson if he thought that other tenants would want to do this same thing. Mr. Lawson stated he hoped not M -1. ORDINANCE NO. 18,691 —Waiving the provisions of Section 36 —3 -421 -c (11) to permit a ground mounted monument sign at 200 West Capital Avenue. Rules were suspended by two - thirds vote of the board members present to provide for the second and third readings of the ordinance. Vice Mayor Cazort stated the title of the ordinance relates to the approval of a ground mounted sign, which this is not a ground mounted sign now, so made a motion to modify the ordinance to make it a mounted sign on the planter. Director Lichty added that it should include a specific planter, and a specific side in the ordinance. Director Keck seconded the motion, and by unanimous voice of the Board members present, the ordinance was amended. The ordinance was read the third time. By majority voice vote of the Board members present, the ordinance passed. Director Adcock voted no. A motion was made by Director Keck to adjourn; Vice Mayor Cazort seconded the motion, and by unanimous voice vote the meeting adjourned at 7:30 PM. ATTEST: APPROVED: ity Clerk, ncy Wood Ji , ailey, Mayor I 4