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12-16-03Minutes Little Rock Board of Directors BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham December 16, 2003 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Pugh, Vice Mayor Hinton, Keck, Adcock, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey. Director Hurst gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Boafd to consider adding the listed modifications to the agenda. M -1. RESOLUTION NO. 11,648 - To create a project progress committee to monitor fulfillment of the Limited Obligation Capital Improvement Bond Issue projects; and for other purposes. M -2. RESOLUTION NO. 11,649 - To authorize the City Manager to enter into a contract with Head & Enguist Company, LLC for the purchase of one (1) 30 ton articulating dump truck in the amount of $253,134.57. Director Keck made a motion seconded by Director Cazort to add Items M -1 and M -2 to the Consent Agenda. Mr. Tom Carpenter, City Attorney stated that Item M -1 needed to be held until the resolution to sell the bonds was passed. Mr. Carpenter stated for the Board's information, that the bond ordinance for the Capital Improvement Bond, and the three bond ordinances for the sewer bonds have blanks in them that refer to the ordinance and resolution numbers, which will not be filled in until after the ordinances and resolutions are passed. Director Graves made a motion, seconded by Director Keck, to defer Item 16 to January 6, 2004, and by unanimous voice vote of the Board members present, Item 16 was deferred. Director Adcock stated the positions for the Children Youth and Families Commission needed interviews before making appointments, and asked to remove those appointments from the agenda. Director Keck seconded the motion, and by unanimous voice vote of the Board members present, the Appointments for this commission were deferred to a future meeting. PRESENTATIONS: National Merit Scholars Reception and Board Recognition Retirement Recognition: Bill Reimer, Department of Housing and Neighborhood Programs Retirement Recognition: Mr. Jim Lawson, Director of Planning and Development. Entergy Corporation — Mayor Dailey announced that the Entergy Corporation has been named the Global Energy Company of the Year, and Mr. Wayne Leonard has been recognized as the Energy Industry CEO of the Year. CONSENT AGENDA (1 -7) I. RESOLUTION NO. 11,641 - Authorizing the Mayor and City Clerk to grant a right - of -way easement for the purpose of constructing a sewer line over a portion of certain land owned by the City of Little Rock in the Meadowcliff Addition in the City of Little Rock, Arkansas. 2. RESOLUTION NO. 11,642 - To set January 20, 2004 as the date for a public hearing to consider the appeal of Sobel, Inc. To extend the amortization period for the operation of a sexually oriented business at 3820 West 65th Street; to set January 13, 2004, as the Minutes Little Rock Board of Directors date and for other purposes. Planning Commission: 5 yes, 3 no, 2 absent, 1 abstained. Staff recommends denial. Synopsis: Sobel, Inc. owner of an Adult Arcade (sexually oriented business) located at 3820 West 650' Street, is appealing the Planning Commission's denial of a time extension to allow continued operation of the sexually oriented business located at 3820 West 65`i Street. 3. RESOLUTION NO. 11,643 - To authorize the City Manager to enter into a lease to purchase agreement for Golf Maintenance Equipment from Stillwater Equipment Company; and for other purposes. Staff recommends approval. 4. RESOLUTION NO. 11,644 - To authorize the City Manager to execute an easement to Central Arkansas Water for the construction of a water distribution main for the west intermediate distribution system; and for other purposes. Staff'recommends approval. Synopsis: Authorizes the City Manager to execute a waterline easement to Central Arkansas Water to allow construction of a 36 -inch water distribution line. The project is needed to provide adequate fire protection and water pressure to existing area customers in the west intermediate distribution system. 5. RESOLUTION NO. 11,645 - To authorize the City Manager to execute a contract with G & S Builders, Inc. in the amount of $86,288.00 to construct an affordable home at 600 East 17th Street. Staff recommends approval. 6. RESOLUTION 11,646 - To approve 50 permits to the Pulaski County Transportation Service; renewing the taxicab operator permit from January 1, 2004 to December 31, 2004. Synopsis: The Department of Fleet Services is in the process of renewing taxicab operator permit from January 1, 2004 to December 31, 2004. The Company requesting the renewal is Pulaski Transportation, LLC (PCTS); operating Capitol Cab and Veterans Cab. Pulaski County Transportation is requesting 50 permits. . 7. RESOLUTION NO. 11,647 - To approve 125 permits to the Greater Little Rock Transportation Service, LLC (GLRTS); renewing the taxicab operator permit from January 1, 2004 to December 31, 2004; operating Black and White Cab and Yellow Cab companies. Synopsis: The Department of Fleet Services is in the process of renewing taxicab operator permit from Januarys 1, 2004 to December 31, 2004. The Company is requesting renewal is Greater Little Rock Transportation LLC; operating Black & White Cab and Yellow Cab companies. Greater Little Rock Transportation is requesting 125 permits. End of Consent Agenda The Consent Agenda, consisting of Items 1 -7 and Item M -2 was read. Director Adcock made a motion seconded by Director Cazort to adopt the consent agenda as read. By unanimous voice vote of the Board members present the consent agenda was adopted. GROUPED ITEMS: Items 8 -10 8. ORDINANCE NO. 19,005- Authorizing the issuance of limited tax general obligation capital improvement bonds; pledging tax revenues sufficient to pay the principal of and interest on the bonds; prescribing other matters relating thereto; and declaring an emergency. 9. RESOLUTION NO. 11,650 - Authorizing projects to be completed from the proceeds of the Capitol Improvement Bonds, Series 2004; and providing for other matters in connection therewith. Synopsis: The resolution specifies the projects for which the Capitol Improvement Bonds, Series 2004 may be used. Item 9 was held out of the grouped items due to being a resolution, rather than an ordinance. 10. ORDINANCE NO. 19,009- To authorize payment of yearly software license renewal for IBM's VSE/ESA Operating System. Synopsis: Annual renewal of software contact to IBM for the City's mainframe computer operating system. Used to support legacy systems such as Finance, Payroll, and Public Safety applications. PUBLIC HEARINGS: Items: 11 -14 Mayor Dailey announced that he had not received any public speaker cards for any of the items listed as public hearings, and if it was agreeable with the Board of Directors, he 2 Minutes Little Rock Board „f n: ctors would open and close each public hearing, and the public hearings could be read with the list of Grouped Items. There was no objection from the Board. 11. PUBLIC HEARING &ORDINANCE NO. 19,006- Authorizing the construction of additions and improvements to the Adams Field Wastewater Treatment Plant of the City of Little Rock, Arkansas; authorizing the issuance of a sewer revenue bond; providing for the payment of the principal and interest on the bond; providing for the payment of the principal and interest on the bond; prescribing other matters relating thereto; declaring an emergency.. Synopsis: $23,100,000 through Arkansas Soil and Water for Adams Field Modifications. Bonds will finance a major renovation of the Utility's Adams Field Wastewater Treatment Plant located near the Little Rock National Airport. Work includes modernizing the preliminary and primary treatment sections of the plant, which were constructed in 1959 and upgrading the plant hydraulic capacity from 70 to 94 million gallons per day. The proposed improvements are in accordance with the Sierra Club Settlement Agreement that mandates the Utility mitigate sewer overflows that occur during moderate to heavy rains Plans are nearing completion and the project is expected to go to bid next spring. The flow equalization basin required to upgrade capacity will also minimize blending partially treated wastewater with full treated wastewater during high wet weather flows; currently, the Utility blends flows about 50 times per year. Mayor Dailey opened the public hearing. He asked if anyone wished to speak on this item. There was no response. Mayor Dailey closed the public hearing. 12. PUBLIC HEARING &ORDINANCE NO. 19,007 - Authorizing the rehabilitation of the sewer collection facilities of the City of Little Rock, Arkansas; authorizing the issuance of a sewer revenue bond, series 2004B for the purpose of financing the cost thereof, providing for the payment of the principal and interest on the bond; and prescribing other matters relating thereto; declaring an emergency. Synopsis: $14,000,000 through Arkansas Soil and Water for Collection System Work. Bonds will finance a series of sewer construction projects that will essentially eliminate some f Little Rock's most troublesome sanitary sewer overflows. The proposed work goes directly to compliance with the court- approved settlement. Specific rain - induced sewer overflow locations that will be addressed by the projects include: A manhole overflow on Boulevard Street just south of Curran Conway Filed, Overflows on and adjacent to the UALR Campus, a manhole overflow at the Cooperative Extension Service, Several overflow locations in and immediately north of War Memorial Park.. Mayor Dailey opened the public hearing. He asked if anyone wished to speak on this item. There was no response. Mayor Dailey closed the public hearing. 13. PUBLIC HEARING &ORDINANCE NO. 19.008 - Authorizing the new construction projects for the sewer system of the City of Little Rock, Arkansas; authorizing the issuance of a sewer revenue note, Series 2004 for the purpose of providing interim financing of a portion of the cost thereof, providing for the payment of the principal and interest on the note; and prescribing other matters relating thereto. Synopsis: $4,000,000 Sewer Revenue Note. The Utility plans to fund the following projects in total or part with the proposed $4,000,000 Sewer Revenue Note in 2004. A portion of these funds will be used for land acquisition and engineering associated with providing service to populated areas within the City that don't have public sewer. The Utility anticipates issuing bonds to fund construction of these projects late next year. Utility plans to fund the following projects in total or part with the proposed $4,000,000 Sewer Revenue Note in 2004: 1. ROW and easement acquisitions for rehabilitation projects, $350,000. 2. Longfellow pump station elimination project, $195,000. 3. Small rehabilitation and sewer extension projects, $135,000 (Projects include 1600 N. Pierce, 4718 Kenyon Street; Valentine and Lee Street, Lakeshore Drive and 816 Washington Street). 4. Sardis Road sewer extension service, $ 500,000. 5. Sardis and White Road sewer extension project, $ $100,000. 6. Sewer rehabilitation contract currently in place, $200,000. 7 Replacement mains at Utility cost trenchless rehabilitation, $1,330,000. 8. Fourche Treatment Plan, Bar Screen Project, $295,000. 9. Fourche laboratory remodeling, $295,000. 10. Fourche Interceptor peak flow detention facility, $100,000. 11. Fourche solids processing improvements $750,000. The total projects $4,050,000. The synopsis was amended (12- 16 -03) as summarized: 1. SRF Ineligible Land and Easement Costs— Collection System Improvements Phase V, $375,000. 2. SRF Ineligible Land and Easement costs — Unsewered Areas. $177,000. 3. New sewer mains to eliminate Longfellow Pump Station, $195,000. 4. New sewer mains associated with City of Little Rock street and drainage improvements, $609,577. 5. New sewer mains associated with elimination of community service lines, $155,700. 6. New sewer mains to replace deteriorated sewers, $2,027,900, 7. Fourche Treatment Plant improvements, $3,390,000. Total $6,930,177. Mayor Dailey opened the public hearing and asked if anyone wished to speak on this item. There was no response either in favor or opposed. Mayor Dailey closed the public hearing. 14. PUBLIC HEARING & APPEAL - Reassessment of local Sewer Improvement District No. 147 of Little Rock, Arkansas, filed in the Office of the City Clerk on November 26, 2003. Minutes Little Rock Board of Directors Mayor Dailey opened the public hearing and asked if anyone wished to speak on this item. There was no response either in favor or opposed. Mayor Dailey closed the public hearing. Director Adcock asked if any of these would cause an increase on citizen's sewer bills, and if the projects were in unsewered areas. Mr. Reggie Corbit, Manager of the Little Rock Waste Water Utility, stated the four million dollar bond issue is to purchase the right of way for the unsewered areas, those have to be purchased before the bond issue could be applied for, and there are funds in the four million to accomplish that. He said application for the loan for the unsewered areas has been made, but the plans and the rights of way must be purchased before the process can be completed. The rates that are in place now are in place to provide the coverage factor that is required for the loans to be authorized. There would be no change in the rates. Mr. Shep Russell, Bond Counsel, Friday, Eldredge and Clark, stated the synopsis listed on the agenda has been adjusted and handed out to the Board of Directors which contains a more complete list of what is to be financed with the four million dollars. Mr. Moore asked for a brief presentation on Item 8. Mr. Edmund Hurst, Financial Advisor, Crews and Associates, made the presentation. Mr. Hurst stated he represented one of the City's three bond underwriters, (he recognized the representatives from the two other firms as Mr. Bobby Nichols with Stephens, Inc., and Mr. Jim Fowler with Morgan Keegan. He reported a successful bond sell, which was well received with the investment community. He stated they would be delivering $69 million in Capital Improvement Funds as approved by voters and would be issuing less bonds than what was approved by voters to deliver the $69 million. The final amount is $7, 635, 000 at an interest rate of 3.81 %, with a 15 year financing period. He stated they expect that the fund could probably be paid off in ten years from the tax collections. The Grouped Items consisting of Items 8 and 10, and Items 11 -13 were read the first time. Rules were suspended by two - thirds vote of the Board members present, being two thirds in number, to provide for the second and third readings of the ordinances. The ordinances were read the second and third times. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinances and emergency clauses passed. Item 9 and item M -1 were read. 9. RESOLUTION NO. 11,650 - Authorizing projects to be completed from the proceeds of the Capitol Improvement Bonds, Series 2004; and providing for other matters in connection therewith. Synopsis: The resolution specifies the projects for which the Capitol Improvement Bonds, Series 2004 may be used. M -1. RESOLUTION NO. 11,648 - To create a project progress committee to monitor fulfillment of the Limited Obligation Capital Improvement Bond Issue projects; and for other purposes. Director Kumpuris asked for advertisements to be done as soon as possible for people who were interested in serving on the progress committee. Mayor Dailey announced that Director Wyrick and Director Pugh had been designated to serve as ex- officio members of the committee. A motion was made by Director Cazort, seconded by Director Kumpuris to adopt the resolutions. By unanimous vote of the Board members present the resolutions were adopted. OTHER BUSINESS 15. ORDINANCE NO. 19,010 Z- 3021 -G To rezone property located along the south side of Riley Drive, east of John Barrow Road, from 0-3 and OS to 0-2, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. (Deferred from November 18, 2003). Synopsis: The owner of the 18 acres of property located along the south in Minutes Little Rock Board of Directors side of Riley Drive is requesting to rezone the property from 0-3 and OS to 0-2 for the development of a small hospital. Director Keck recused citing an employment conflict. Mayor Dailey announced that the only speaker cards he had received were from the applicant and citizens speaking in favor of the ordinance. Mr. Jim Lawson, Director of Planning and Development, stated the issue was deferred from the November 18, 2003 meeting, and as far as staff knew, the issues had been worked out. Mr. Lawson stated the ordinance before the Board tonight had been changed regarding Section 2. Mr. Lawson stated what has been agreed to, is, if there is a psychiatric care unit in the hospital, it would be a closed unit. Mr. Lawson - stated tonight this is a rezoning, and the site plan would have to go through the Planning Commission. Ms. Betty Snyder, John Barrow Neighborhood Association, thanked Mr. Lawson for the work he had done with their neighborhood over the years. She stated they started out with Mr. Lawson with their first neighborhood plan, and the plan was to become a medical community, and asked the Board to support this ordinance, as it moved their neighborhood toward this direction. The ordinance was read the first time. Rules were suspended by two - thirds vote of the Board members present, to provide for the second and third readings of the ordinance. The ordinance was read the second and third times. By majority voice vote, 10 in favor, and one recusal (Director Keck), the ordinance passed. 16. ORDINANCE - Amending Little Rock Ordinance No. 18,842 replacing in its entirety with the following guidelines for the Presidential Park Overlay, to codify in Chapter 36 of he Little Rock Code of Ordinances and for other purposes. Planning Commission: 8 yes, 0 no, Staff recommends aTproval with the removal of "font type" requirement in the signage section. 1St and 2" reading held on December 2, 2003. (Deferred to December 16, 2003 for 3rd reading). Synopsis: Proposal for a zoning overlay district called the Presidential Park Overlay to regulate the design standards for the area surrounding the Presidential park and Heifer International sites. Director Graves made a motion to defer the ordinance (Item 16) to January 6, 2004; Director Keck seconded the motion, and by unanimous voice vote of the Board members present, the motion carried. 17. ORDINANCE NO. 19,011 - Providing for and adopting the 2004 Budget for the City of Little Rock for the period beginning January 1, 2004 and ending December 31, 2004; appropriating resources and uses for every expenditure item and fund; declaring an emergency and for other purposes. Synopsis: The budget ordinance establishes the 2004 Budget for 10 operating funds; defines the minimum 2004 deposit to the restricted reserve and reaffirms financial reporting requirement. Mayor Dailey asked Mr. Bruce Moore, City Manager, to present the 2004 Budget. Mr. Moore stated the final budget ordinance is before the Board tonight. He stated nothing had changed since the last presentation, and stood ready to answer any questions., Director Adcock asked Mr. Moore to public acknowledge this budget did provide for a raise for employees. Mr. Moore stated that it did. Director Kumpuris made the motion to accept the budget as presented. Director Graves seconded the motion. The ordinance was read the first time. Rules were suspended by two - thirds vote of the Board members present, being two - thirds in number to provide for the second and third readings of the ordinance. The ordinance was read the second and third times. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinance and emergency clause passed. 18. REPORT - City of Little Rock Board of Directors — Director Keck announced that the Little Rock Fire Department had received a FEMA Fire Grant of $429,800 which will be matched with slightly less than $185,000 from the recent bond issue. This will allow the purchase of up to 140 portable and 20 mobile radios. 19. RESOLUTION - Board & Commission Appointments: Commission on Children Youth and Families (2 positions) Racial Cultural Diversity Commission (2 positions). Appointments to the Commission on Children Youth and Families were deferred to a later date so that interviews could be 5 Minutes Little Rock Board of Directors conducted. The Racial Cultural Diversity Commission appointments were deferred to January 6, 2003. CITIZENS COMMUNICATIONS Speaker: Michael Hodge Topic: Code Enforcement Issues Director Hinton made a motion seconded by Director Cazort to adjourn. By unanimous voice vote of the Board members present, the meeting was adjourned. ATTEST: APPROVED: City Clerly, Nancy Wood Note: See Minutes of January 6, 2004. Item No. 13 RE: Ordinance No. 19008. Director Wyrick changed her vote to a recusal. 2