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04-21-09Little Rock Board of Director Meeting April 21, 2009 6:00 PM Little Rock Board of Directors Meeting April 21, 2009 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting with Mayor Mark Stodola presiding. City Clerk Nancy Wood called the roll with the following Directors present: Hendrix; Richardson; Adcock; _Wyrick; Wright; Kumpuris; Adcock; Vice Mayor Fortson; and Mayor Stodola. Directors Cazort and Hurst were absent. Director Fortson delivered the invocation, which was followed by the Pledge of Allegiance. Director Hurst enrolled at 6:05 P.M. MODIFICATIONS (M -1 — M -2): Mayor Stodola asked the Board to consider adding Items M -1 and M -2 to the agenda. M -1. RESOLUTION NO. 12,964: To set a public hearing on May 5, 2009, on whether to adopt an ordinance to issue Capital Improvement Construction and Refunding Bonds (Parks and Recreation Projects) in an amount not to exceed $21,500,000, and for other purposes. Staff recommends approval. M -2. RESOLUTION NO. 12,965: To authorize the City Manager to enter into an agreement with Brown and Brown General Contractors for the construction of an education/meeting room and a veterinary treatment room with a spay /neuter surgical suite at the Little Rock Animal Village. Staff recommends approval. Mayor Stodola asked Ms. Gretchen Hall, representative of the Advertising and Promotions Commission, to give a brief update regarding the 35th Anniversary of the Farmers Market. A motion was made by Director Adcock, seconded by Director Wyrick, to add items M -1 and M -2 to the Consent Agenda. By unanimous voice vote of the Board Members present, the items were added to the Consent Agenda. CONSENT AGENDA (Items 1— 4, M -1 and M -2): 1. RESOLUTION NO. 12,966; G- 24 -23: To set the date of public hearing for May 5, 2009, on a request to abandon certain sanitary easements located within Lots 1 -4, Block 7, Thalheimer's Subdivision of Block 7, Glendale Addition, located at 4400 West Markham Street. Staff recommends approval Synopsis: The owners of the subject properties are requesting abandonment of specifically described sanitary sewer easements located within the properties. The abandonment is not to become effective until the existing sewer facilities have been relocated and new easements are dedicated. Little Rock Board of Director Meeting April 21, 2009 6:00 PM 2. RESOLUTION NO. 12,967: To authorize the City Manager to enter into contract with Waste Management for commercial trash collection in the amount of $62,816. Staff recommends approval. Synopsis: Provide for annual commercial collection service at designated City facilities. Bid No. C09007 was issued for this contract with two (2) qualified bids being received. Low bidder was Waste Management. 3. RESOLUTION NO. 12,968: To authorize the City Manager to enter into contract with Crain Ford Chenal to provide OEM Ford repair parts for use in City vehicles and equipment. Staff recommends approval. Synopsis: To authorize the City Manager to enter into a contract with Crain Ford Chenal to provide OEM Ford repair parts for use in City vehicles and equipment. This APO is for one (I) -year, with an option to renew each year up to five (5) additional years. Purchases estimated to be $90,000 annually. 4. RESOLUTION NO. 12,969: To authorize the City Manager to enter into contract with International Business Machines, Inc., to purchase computer hardware and installation services for the Police Records Management System. Staff recommends approval. Synopsis: The Police Department requests approval to award a contract to International Business Machines, Inc., in the amount of $645,000 to purchase computer hardware and installation services for the Police Records Management System upgrade. The Consent Agenda, consisting of Items 1 -4 and Items M -1 and M -2, was read. A motion was made by Director Adcock, seconded by Director Richardson, to adopt the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was adopted. GROUPED ITEMS (Items 5 — 9): There was a request to hold Item 6 and 8 separately for discussion purposes. 5. ORDINANCE NO. 20,096; Z- 6650 -A: Establishing a Planned Zoning District titled First Class 50 -Cent Carwash Short-Form PD -C, located at 325 East Roosevelt Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner is requesting to rezone the site to PD -C to recognize the existing carwash. No alternative uses are being requested. 7. ORDINANCE NO. 20,098: To amend and clarify Little Rock, Arkansas Revised Code, Chapter 6, Article I (1988); and for other purposes. Staff recommends approval. Synopsis: General housekeeping review of Little Rock, Ark. Rev. Code Chapter 6, Article I identified several provisions that need correction or clarification. The proposed ordinance provides for those corrections and needed clarification. 9. ORDINANCE NO. 20,100: To authorize the City Manager to enter into a contract with Smart Public Safety Software to upgrade the Police Records Management System. Staff recommends approval. 2 Little Rock Board of Director Meeting April 21, 2009 6:00 PM Synopsis: The Little Rock Police Department requests approval to award a contract to Smart Public Safety Software in the amount of 5284,589 to upgrade the Police Records Management. Items 5, 7 and 9 were read the first time and a motion was made by Director Adcock, seconded by Director Hurst, to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read the second time. A motion was made by Director Adcock, seconded by Director Richardson, to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read the third time. By unanimous voice vote of the Board Members present, the ordinances were passed. 6. ORDINANCE NO. 20,097; Z -8433: Establishing a Planned Zoning District titled Pfeifer Long -Form POD, located on the northwest corner of Cantrell Road and LaMarche Drive /Taylor Loop Road West, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval Synopsis: The request is a rezoning of this site from R -2, Single - Family to POD to allow for future development of the site with four (4) lots containing offices uses. The request includes a variance from the Highway 10 Design Overlay District to allow a driveway with spacing less than the 300 -foot typically required. All other aspects of the development comply with the Highway 10 Design Overlay District. A motion was made by Director Adcock, seconded by Director Keck, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read the second time. A motion was made by Director Adcock, seconded by Director Keck, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance were read the third time. By voice vote of the Board Members present, the ordinance was passed, with Director Adcock voting no. Mayor Stodola stated that he had questions pertaining to the request for another variance in asking for two (2) curb cuts that do not meet with the Highway 10 Design Overlay Plan. Planning and Development Director Tony Bozynski stated that the issue is a Planned Office Development that does not comply with the Design Overlay District and the only variance being requested is the driveway spacing, which under the Design Overlay Plan is three hundred feet. Mr. Bozynski stated that it is staff s opinion that this is a reasonable request due to the fact that the development is across the street form the new school being constructed and the plan does not have any driveways coming out onto Highway 10. All access would be on Taylor Loop Road and staff felt that with this type of frontage, the two (2) driveways would not add to any potential problems that could possibly be created by development on the south side of Highway 10. Mayor Stodola asked if the increased traffic might present some problems related to the issue by utilizing both egress and ingress lanes. Mr. Bozynski stated that because the number of curb cuts and spacing is reasonable, it won't be adding to a potential for conflict on the south side of Highway 10. Director Adcock asked how many variances have been given for 3 Little Rock Board of Director Meeting April 21, 2009 6:00 PM driveway spacing in the Highway 10 Design Overlay Plan, and Mr. Bozynski stated he was unsure of the number. 8. ORDINANCE: To amend and clarify Little Rock, Arkansas Revised Code, Chapter 6, Article II (1988); and for other purposes. Staff recommends approval. Synopsis: General housekeeping review of Little Rock, Ark. Rev. Code Chapter 6, Article II identified several provisions that need correction, clarification, or reorganization. The proposed ordinance provides for those needed changes. Mayor Stodola questioned the half million dollar insurance amount of dangerous breeds listed on page 10 of 13, and how it was researched. A discussion was held regarding whether insurance carriers would insure these breeds of dogs, and if the language in the ordinance was asking something impossible. A motion was made by Director Keck, seconded by Director Richardson, to defer the item for two (2) weeks. By unanimous voice vote of the Board Members, Item 8 was deferred for two (2) weeks. PUBLIC HEARINGS (Items 10 —11): 10. PUBLIC HEARING & RESOLUTION NO. Z -8421: Rescinding the Planning Commission's action in denying a Special Use Permit to allow a boarding house on the R -4 zoned property at 1865 South Schiller Street. Planning Commission: 0 ayes, 10 nays, and I absent. Staff recommends denim Synopsis: Mr. Alan Hickman is appealing the Planning Commission's action in denying a Special Use Permit to allow a boarding house on the R -4 zoned property at 1865 South Schiller Street. Mayor Stodola opened the public hearing, and the resolution was read. Mr. Steve Owings, representing Mr. Alan Hickman, the owner and applicant, stated that Mr. Hickman is requesting a Special Use Permit to allow a boarding house to be operated within the residential structure located on the property at 1865 South Schiller Street. Mr. Owings indicated that the owner had been cited for operating a boarding house, and that was why he applied for the Special Use Permit. Mr. Owings stated that the Planning Commission had denied the application due to adverse impact on the neighborhood; however, the City had presented no evidence that this was occurring. The owner amended the application to have a maximum of eight (8) residents rather than twelve (12), and these individuals were considered handicapped under the Fair Housing Act. Mr. Hickman stated that the residents would be transitional, having recently left a rehabilitation facility, and must sign a contract that they will remain clean and sober, and submit to random drug screen tests. Mr. Bozynski stated that the definition of a boarding house, according to the zoning ordinance, was a building or establishment which provides for more than four (4), but I Little Rock Board of Director Meeting April 21, 2009 6:00 PM fewer than sixteen (16), persons and may provide meal service. The building or facility shall be so arranged as to permit passage between all living elements such as dining, kitchen and bathrooms. Detached units or private access accommodations are not permitted. Mr. Bozynski stated that staff is opposed due to concerns regarding the impact this would have on the surrounding neighborhood. The following individuals spoke in opposition to the boarding house: Jami Givan: Cited safety and the zoning issue. Kenneth Craig: Stated that the area was historic and that there were young children in the area who have to catch the school bus in the early morning. Mr. Craig felt that there was not adequate parking and expressed his concerns regarding possible convicted felons renting at the boarding house. Bonnie Jones: Stated she has lived in the neighborhood for over thirty (30) years and that during that time, the neighborhood has experienced problems with intoxicated individuals. In addition, Ms. Jones felt that there was an existing parking problem. Mattye Willis: Stated that she lived within a half block of the property and feared that crime and drugs would become more of a problem. George Blevins President of the Wright Avenue Neighborhood Association: Stated that the neighborhood association voted unanimously to oppose the boarding house. The residents feel that it will have an adverse impact on the neighborhood, and if an individual was removed from the house, they would be on the street, in the neighborhood. Annie Abrams: Stated that the City had a responsibility of not just with dealing with this boarding house, but City -wide. In addition, she stated that she would like to see a map of where these types of facilities are located within the City and where the concentrations of the facilities were located. Mayor Stodola closed the public hearing, and asked if there was a motion. The resolution failed due to lack of a motion. 11. PUBLIC HEARING & RESOLUTION NO. Z -8427: To appeal the planning commissions decision in denying the Tower Use Permit at 6208 Red Bud Lane. Planning Commission: 0 ayes, 8 nays, and 3 absent. Staff recommends Approval. Synopsis: American Tower Corporation is appealing the Planning Commission's denial of a tower use permit to allow a 300 -foot tall, self supporting tower on the R -2 zoned property located at 6208 Red Bud Lane. Director Adcock stated that she would need to recuse herself on Item No. 11 due to the fact that her daughter lives in this neighborhood and will be speaking on this item. Mayor Stodola opened the public hearing, and the resolution was read. Tracy Doe, American Tower Corporation, reported that the service for DSL, Cable and Wireless Cell Phones was very low in the Crystal Valley Road area. A topography map was presented indicating the service in this area and reported that normally an antenna is Little Rock Board of Director Meeting April 21, 2009 6:00 PM erected at 150 feet free - standing; however, due to the ridges and height of the trees, this particular antenna would need to be 300 feet. A power point presentation was presented by the following residents of Plantation Acres community, who expressed their desire not to have the tower erected in the neighborhood: Janet Lanza; Mary Coleman; Wally Johnson; Elaine Burks; Jim Winter; Robert Watts; Gary Boyle, Crystal Hills Fire Board Chief, and Susan Boyle. The residents felt that the construction of the tower would disturb the natural beauty and landscape of the area, not to mention lower the property values of the homes. Mayor Stodola closed the public hearing, and asked if there was a motion. The resolution failed due to lack of a motion. OTHER BUSINESS (Items 12 —13): 12. Little Rock Board of Director's reports on various City of Little Rock Boards and Commissions. 13. EXECUTIVE SESSION & RESOLUTION: Appointments to various City of Little Rock Boards and Commissions. Synopsis: Construction Board of Adjustment and Appeals (4 positions); Housing Board of Adjustment and Appeals (4 positions); Midtown Redevelopment District No. 1 (2 positions); Racial Cultural Diversity Commission (4 positions); River Market District Design Review Committee (2 positions). A motion was made by Vice Mayor Fortson, seconded by Director Richardson, to defer the Board and Commission Appointments for two (2) weeks. By unanimous voice vote of the Board Members present, Item 13 was deferred for two (2) weeks. CITIZEN'S COMMUNICATION: Mayor Stodola opened Citizen's Communication and stated that he had several cards from citizens regarding the BFI Landfill. The Board requested that a representative from the BFI Landfill give a report regarding the measures that have been implemented to combat the complaints that the City and State had received regarding the smell coming from the landfill. Steve Fallon, General Manager for Allied Waste in the Little Rock area, stated that the first notification of a problem, or potential problem, was received on April 1, 2009, and that they have taken the issues very seriously. Since April 1, 2009, the Arkansas Department of Environmental Quality (ADEQ) has visited the facility on several occasions. On April 15, 2009, BFI stopped utilizing the product on the side slopes and began to cover the product that was already in place. By the close of business on April 17, 2009, the product was completely covered. In addition, a misting system from another BFI facility was placed into operation on April 20, 2009. Earlier in the day, John 0 Little Rock Board of Director Meeting April 21, 2009 6:00 PM Roberts, Pulaski Solid Waste Management District, conducted a site visit of the facility and indicated that he was pleased with the progress. Mr. Fallon reported that.to assist BFI in addressing the issue, they had contacted another company which specialized in petroleum -based products and odor elimination, and a representative from that company would be on -site at the BFI landfill on April 23, 2009, to offer additional recommendations. Mr. Fallon reiterated that BFI shared the same concerns regarding possible contamination of Fourche Creek. Mr. Fallon stated that no water was discharged in November or December; however, it was discharged in January, February, March and April. Mr. Fallon reported that every time water was discharged, it was tested by American Interplex and each time the results were negative. Mr. Fallon reiterated that BFI would continue to work with ADEQ to ensure that the issue was handled responsibly. Director Wyrick asked if Mr. Fallon was the General Manager and what his responsibilities as General Manager were. Mr. Fallon stated that he was in fact the General Manager and he was responsible for the day -to -day operations of the facility. In addition to the General Manager, the Little Rock facility includes a Safety Manager and a Hauling Manager. Director Wyrick asked if he was aware that the shale was going to be shipped to the landfill. Mr. Fallon stated that he was aware. Director Wyrick asked if there were any measures taken, prior to April 1, 2009, to cover the product. Mr. Fallon stated no and that the complaints received on April 1, 2009, were the first indication that there was a problem. Mr. Fallon reported that they had been authorized by ADEQ and by the State to use the product as an alternate daily cover. Mr. Fallon was asked if ADEQ had provided BFI with instructions regarding how the soil was to be prepared for the product, i.e., if the product was to be covered six (6) inches on a daily basic. Mr. Fallon stated no. Greg Rutherford, BFI Area President for Tennessee, Arkansas, and Northern Alabama, reiterated that BFI was taking this matter very seriously. Mr. Rutherford stated that the product was filed, tested and processed before it goes to the State, and that BFI was in compliance regarding the requirements for handling the products. Mr. Rutherford stated that although the first notice was received on April 1, 2009, staff had not spoken with a single individual from any of the area neighborhood associations; however, they would welcome the dialog. Director Wyrick asked if he could smell the odor from the product that was being placed in the landfill. Mr. Rutherford responded by saying that BFI was in business of handling waste, and that the waste brought in has odors. Mr. Rutherford stated that when notification was received on April 1, 2009, the procedure for handling the product was changed, and that the odor eliminating system that was installed was portable so that it could be moved around the site. Mr. Rutherford stated that BFI was dedicated to resolving the issue and will continue to abide by the regulations set forth by the State of Arkansas for the handling of this product. Director Wyrick asked if BFI just started meeting those requirements in April, or had they been in compliance since they started taking the product in November. Mr. Rutherford stated that BFI has always met the requirements set forth by ADEQ, and that 7 Little Rock Board of Director Meeting April 21, 2009 6:00 PM the site was inspected every three (3) months; with twenty -four (24) out of the twenty - eight (28) inspections resulting in perfect scores. Mr. Rutherford again reiterated that BFI was taking the complaint very seriously; however, they have only had approximately three (3) weeks in which to address the issue. Director Wyrick stated that Mr. Rutherford would be hearing from individuals that would state that they have smelled the odor for quite some time. Mr. Rutherford responded by saying that he would be happy to visit the individual's homes to determine where the odor was coming from. Mayor Stodola stated that one of the distressing issues is that the existing procedures under ADEQ did not give adequate notice to the citizens in the community regarding the disposal of the product. The disposal of this particular type of waste was not new and was not a new issue. Mayor Stodola asked why it took from April 1, 2009, when the complaints were first received, until now to implement the systems to combat the odor. Mr. Rutherford stated that the first indication was April 1, 2009, and since that time the landfill has had visits from four (4) State regulatory agencies, with all four (4) agencies reporting that there was not an issue. Mr. Rutherford stated that there had been opposition to the landfill since it opened in 1979; however, if BFI would have been aware of the issue prior to the numerous complaints by neighborhood associations to the City Board, they would have acted much quicker. Director Kumpuris asked for Mr. Rutherford to define the product. Mr. Rutherford reported that the product was drilling mud from the Fayetteville Shale, and is used to apply pressure in the well to bring out the oil. The product is put through a process to extract 99% of any diesel fuel that is included; it then becomes a powdery substance and is mixed with dirt, which is brought to the landfill. Director Kumpuris stated that if this was the product that was making the area of the state around Searcy and Vilonia rich, this would not be a one -time situation, as that product would have to be disposed of some place. Mr. Rutherford stated that there was a new process being utilized in an attempt to extract even more diesel out of the product; however, the disposal of this product should be anticipated for a long time to come. Director Kumpuris stated that this was the same process utilized in Texas and a number of places for awhile. Director Kumpuris asked Mr. Rutherford what information could be obtained from these other landfills that have utilized the same disposal process for long periods. Mr. Rutherford stated that this was the first time he had dealt with the disposal of this product; however, he would be happy to provide more information regarding the other locations. Mr. Rutherford reported that in attempt to resolve the issue, BFI had brought in a petroleum expert, who works with refineries and this product. Mr. Rutherford stated that the product, which was a dry, black clay dirt, was safe to handle; however, it was very messy. Director Kumpuris asked if BFI was working with ADEQ regarding the disposal of the product, since it appeared to be a State -wide issue. Mr. Rutherford reported that BFI had already met with representatives from ADEQ and would be meeting with them the following day to determine the best course of action necessary to handle product. Director Kumpuris stated that a State -wide policy should be implemented regarding how E Little Rock Board of Director Meeting April 21, 2009 6:00 PM the product should be taken care of. Mr. Fallon stated that only landfills with a certain classification can take the product. Vice Mayor Fortson asked how the company became aware of the problem of odor. Mr. Rutherford stated that he was made aware of the problem from a second -hand e -mail. Vice Mayor Fortson stated that in early April, Board Members began to receive a tremendous number of complaints regarding the odor. Vice Mayor Fortson reported that he drove to the site and found the odor offensive at least a half -mile away from the site, and could not understand how individuals working at the facility could not smell the odor. Vice Mayor Fortson asked that if with the implementation of covering the product and utilizing the misting system, was BFI taking steps to guarantee that the individuals living around the area would not experience the same level of odor with the next load of product that arrives. Mr. Rutherford stated that he could not guarantee that, due to the fact that odors are all around. Mr. Rutherford reported that at one point, someone stated that there was a burning smell in the air. Mr. Rutherford stated that he himself observed the burning smell; however, it was coming from the East and not the landfill itself. Director Richardson stated that he lived in closed proximately of the landfill, and that in February both he and Director Adcock submitted a request to have the matter of the odor investigated. Director Richardson stated that he had walked the trail across the street from the landfill and could smell the nauseous smell, and thought it was insulting that BFI minimized the concerns when questioned about the issue. Director Richardson stated that he felt that between April 1, 2009, and April 15, 2009, this issue was not taken seriously. Mr. Fallon admitted that the smell was there; however, between ADEQ representative, who came out on four (4) separate occasions, and BFI Staff, they could not smell the odor. Director Richardson asked if this was a health risk. Mr. Rutherford stated that he did not know, but was trying to solve the problem. Director Adcock stated that more than one (1) neighborhood association was affected by the odor, and that she experienced the nauseous smell while raking her yard. In addition, the smell was noticed over at the Little Rock Animal Village which is located at First Tee Way and University Avenue. Mayor Stodola indicated that he had spoken with Theresa Marks, ADEQ, regarding the site and since that conversation, the company had been sited for violations of ground cover, and testing will be conducted at Fourche Creels for containments. Mayor Stodola stated that there were several things trying to be implemented in the transport of the product and in other areas to alleviate the odor. If this is not done then I will ask if there can a resolution to stop this product form coming in. There are several other counties who were making profit off the product and the waste was being shipped to other locations to be disposed of. The following individuals voiced their concerns regarding the smell at the landfill as a result of the disposal of the product: I Little Rock Board of Director Meeting April 21, 2009 6:00 PM Troy Laha: Stated that he lived near the landfill and had smelled the product for awhile, and the product would never go away; it would be there forever. State Representative Pam Adcock: Stated that _she had been contacted by the Geyer Springs neighborhood. Jim Lynch: Stated that he lived in the area near the landfill and it should have never been located there in the first place. Mr. Lynch reported that on Friday, April 17, 2009, the smell at the University of Arkansas at Little Rock Campus was very noticeable. David DeVin: Reported that he lived approximately 1.6 miles from the landfill and his concern was regarding the environmental impact on the environment. No one is sure of the exact make -up of the product, i.e., solid waste or partial liquid mix, that is being deposited in the landfill. It is the resident's right to know what is being deposited into the landfill and it is up to the Board of Directors to ensure the protection of the residents and the environment. Mayor Stodola indicated that Representative Kathy Webb was in attendance earlier; however, she had to leave and that Senator Joyce Elliott would at the meeting as soon as her plane landed. Vice Mayor Fortson made a motion, seconded by Director Wright, directing the City Attorney to prepare a legal action which would ban the further disposal of mining bi- products at the BFI landfill. By unanimous voice vote of the Board members present, the motion passed. A motion was made by Director Hurst, seconded by Director Adcock, to recess the meeting until April 28, 2009. By unanimous voice vote of the Board Members present, the meeting was recessed until April 28, 2009. ATTEST: APPROVED: Acting City Clerk 10 Mark Stodola, Mayor