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HomeMy WebLinkAbout11-15-05Little Rock Board of directors Meeting Minutes November 15, 2005 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham November 15, 2005 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Jim Dailey presiding. City Clerk, Nancy Wood, called the roll with the following Directors present: Pugh, Keck, Wyrick, Stewart, Hurst, Cazort, Hinton, Adcock, Kumpuris, Vice Mayor Graves, and Mayor Dailey. Vice Mayor Graves gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. ADDITION: M -1. ORDINANCE 19,431 - To dispense with the requirement of competitive bidding and authorize the City Manager to enter into a contract with SBC for the upgrade of the existing telephone network; and for other purposes. 2004 Bond Project. Synopsis: The Police Department is requesting approval to upgrade our existing telephone network to ensure a fully integrated 3 -1 -1 General Information Telephone System. Director Adcock made the motion, seconded by Director Pugh, to accept the modifications to the grouped items of the agenda. By unanimous voice vote of the Board members present the modifications were approved. City Manager, Bruce Moore, asked the Board to consider rescheduling the meeting on December 6, 2005, to December 5, 2005 at 5:00 PM. He explained that the December 6, 2005 meeting will conflict with the National League of Cities meeting, which will cause an absence of three Board members. The Board agreed to have the meeting changed to December 5, 2005, and the Mayor asked that notices be placed for the media. CONSENT AGENDA (Items 1- 14) 1. MOTION - To approve minutes of regular Board of Directors Meetings: October 18, 2005. 2. RESOLUTION 12,133 - To accept the nominations for appointment of Jimmie Lou Fisher (Term: 1 -1 -06 to 12- 31 -08), reappointments of Nate Coulter (Term: 1 -1 -06 to 12- 31 -08) and Lisa Ferrell (Term: 1 -1 -06 to 12- 31 -08) to the Central Arkansas Library System Board of Commissioners as presented by the Central Arkansas Library Nominating Committee. 3. MOTION - To set the date of public hearing for December 5, 2005, on a resolution to affirm the Planning Commission's action in approving a Conditional Use Permit for Little Rock Board of directors Meeting Minutes November 15, 2005 Isclaw Multi - Sectional Manufactured Home located at 18501 Crystal Valley Road. Staff recommends approval. Planning Commission: 7 ayes, 2 nays, 2 absent. Synopsis: A record objector is appealing the Planning Commission's approval of a Conditional Use Permit to allow a multi - sectional manufactured home on the R -2 zoned property at 18501 Crystal Valley Road. 4. RESOLUTION 12,135 - G -23 -354 - To set the date of public hearing for December 5, 2005, on a request to abandon approximately one hundred and thirty (130) linear feet of the sixty (60) foot wide Manney Road right -of -way extending north from Cantrell Road right -of -way between Blocks 3 and 14, Bellevue Addition. Staff recommends approval. Planning Commission: 11 ayes, 0 nays. Synopsis: The adjacent property owners requested the abandonment. 5. RESOLUTION 12,136 - G -23 -353 - To set the date of public hearing for December 5, 2005, for a public right -of -way abandonment, part of Gamble Road located within Tract 10, Hillvale Addition lying north of the north right -of -way line of Chenal Parkway and that portion of Old Markham Street lying south of and adjacent to the east one -half (' /z)of Tract 7, Hillvale Addition. Staff recommends approval. Planning Commission: 8 ayes, 0 nays, 1 recusal. Synopsis: The Planning Commission reviewed the proposed street abandonment in conjunction with its review of the Gamble Road Short -Form PCD at its August 18, 2005, meeting. 6. RESOLUTION 12,137 - To authorize the City Manager to enter into a contract with Scott Construction Equipment for the purchase of one (1) Pothole Patching Truck in the amount of $111,331.00. Staff recommends approval. Synopsis: Four (4) bids were received for Bid No. 5324. Scott Construction Equipment was the lowest bid meeting the specifications. 7. RESOLUTION 12,138 - To authorize the City Manager to enter into a contract with Scott Construction Equipment for the purchase of one (1) Roadside Vegetation Spray Truck in the amount of $111,716.66. Staff recommends approval. Synopsis: Two (2) bids were received for Bid No. 5325. Scott Construction Equipment is the lowest bid meeting the specifications. 8. RESOLUTION 12,139 - To authorize the City Manager to execute an agreement with Lasiter Construction, Inc. for street reconstruction of Sam Peck Road (Cantrell S. 500 feet). Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to enter into an agreement with Lasiter Construction, Inc. for street reconstruction of Sam Peck Road (Cantrell S. 500 feet). Bid No. 05 -315. 9. RESOLUTION 12,140 - To authorize the City Manager to enter into a contract with All Service Electric for signal upgrade to University Avenue at I -630 east bound off ramp (Hilton Hotel ) project; and for other purposes. Staff recommends approval. Synopsis: The funding amount is $56,449.53 from Special Projects. Little Rock Board of directors Meeting Minutes November 15, 2005 10. RESOLUTION 12,141 - Authorizing the City Manager to enter into a contract with Arkoma Playgrounds and Supply in the amount of $82,739.60 for the Swaggerty Creek Pavilion construction. Staff recommends approval. Synopsis: Funding is through a UPARR grant. The Boys and Girls Club has donated eleven (11) acres for the creation of this park. 11. RESOLUTION 12,142 - Authorizing the City Manager to enter into a contract with Arkoma Playgrounds and Supply in the amount of $79,912.72 for the Swaggerty Creek Park Playground construction. Staff recommends approval. Synopsis: Funding is through a UPARR grant. The Boys and Girls Club has donated eleven (11) acres for the creation of this park. 12. RESOLUTION 12,143 - Authorize City Manager to enter into a contract with Lasiter Construction; not to exceed the amount of $69,463 for construction of Swaggerty Creek Park Parking Lot & Walking Trail. Synopsis: Contract for Swaggerty Creek Parking Lot & Walking Trail Construction; not to exceed the amount of $69,463. 13. RESOLUTION 12,144 - Authorizing the City Manager to accept a donation of (18) eighteen acres located in the Highway 10 Corridor, adjacent to and near the other existing park land to be designated as a part of the park system. Synopsis: Little Rock Parks and Recreation has been offered 18 (eighteen) acres of land to add to the existing park system. The land is currently designated open space and is located in the Highway 10 Corridor, adjacent and near other existing park land. The land has been appraised at $513,000. 14. RESOLUTION 12,132 - To authorize the City Manager to execute an amendment to the lease agreement between the William J. Clinton Presidential Foundation and the City for the William Jefferson Clinton Presidential Park; to authorize the City Manager to approve a sublease of a portion of the leased premises to Heifer Project International; and for other purposes. A motion was made by Director Adcock, seconded by Director Hurst, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted. Mayor Dailey opened the public hearing for Item 19, and asked if anyone was present that wished to speak in favor or in opposition of the formation of the Covenant Cove Municipal Multi - purpose Improvement District No. 640. There was no response to the request. Mayor Dailey closed the public hearing for Item 19. Mayor Dailey opened the public hearing for Item 20, and asked if anyone was present that wished to speak in favor or in opposition of repealing Ordinance No. 19374, revoking a temporary Planned Commercial District titled Southern Automotive Short Form PD -C located at 7305 Cantrell Road and restoring the previous zoning classifications of C -3, General Commercial. There was no response to the request. Mayor Dailey closed the public hearing for Item 20. Mayor Dailey asked that Items 19 and 20 be added to the grouped items and read along with the others. Little Rock Board of directors Meeting Minutes November 15, 2005 GROUPED ITEMS (15 -18) 15. ORDINANCE 19,432 - Accepting the Hughes- Maywood Annexation, adding certain lands to the City of Little Rock, Arkansas. Staff recommends approval. Planning Commission: 11 ayes, 0 nays. Synopsis: Accepting the annexation of approximately one (1) acre to the City of Little Rock. This land is located at 37 Maywood Drive and is part of a larger subdivision. 16. ORDINANCE 19,433 - Accepting the Little Maumelle Sewage Pump Station property; to add certain lands to the City of Little Rock; and for other purposes. Staff recommends approval. Planning Commission: 11 ayes, 0 nays. Synopsis: Accepting the annexation of approximately 1.95 acres to the City of Little Rock. The land is west of Pinnacle Valley Road along the north side of the Little Rock and Western Rail Road. 17. ORDINANCE 19,434 - To amend Little Rock, Arkansas Ordinance No. 19,249 (December 14, 2004), to adjust the fiscal year 2005 Budget Ordinance to note expenditure adjustments for Planning and Fire operations, street costs, fuel costs, personnel savings, public safety overtime and holiday pay, general fund revenues, and other adjustments; to declare an emergency; and for other purposes. Synopsis: Six (6) adjustments need to be made to the FY05 budget to adjust for changes that have occurred since the September 6, 2005 budget adjustment was adopted. 18. ORDINANCE 19,435 - Reassessing the benefits to be received by the owners of each of the several lots, blocks, and parcels within Riverdale Levee Improvement District No. 134 of Little Rock, Arkansas; declaring an emergency; and for other purposes. PUBLIC HEARINGS 19. ORDINANCE 19,436 - For the formation of the Covenant Cove Municipal Multi- purpose Improvement District No. 640 of Little Rock, Arkansas. 20. ORDINANCE 19,437 — Z-3960 - To repeal Ordinance No. 19,374, revoking a temporary Planned Commercial District titled Southern Automotive Short Form PD -C located at 7305 Cantrell Road and restoring the previous zoning classifications of C -3, General Commercial. Staff recommends approval. M -1. ORDINANCE 19,431 - To dispense with the requirement of competitive bidding and authorize the City Manager to enter into a contract with SBC for the upgrade of the existing telephone network; and for other purposes. 2004 Bond Project. Synopsis: The Police Department is requesting approval to upgrade our existing telephone network to ensure a fully integrated 3 -1 -1 General Information Telephone System. 4 Little Rock Board of directors Meeting Minutes November 15, 2005 Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board members present, being two- thirds in number, the rules were suspended and the ordinances were read the third time. By unanimous voice vote of the Board members present, being two thirds in number, the ordinances (Items 15 -20 and M -1) were passed. An emergency clause was passed for Items 17 and 18. 21. ORDINANCE 19,348 - Amending Chapters 31 and 36 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for modification of various procedures, definitions, and land use regulations and for other purposes. Staff recommendv approval. Planning Commission: 8 ayes, 0 nays, 3 absent. Synopsis: The Planning Commission is forwarding the Board of Directors a proposed package of various amendments to Chapters 31 and 36 of the Code of Ordinances; the Subdivision and Zoning Ordinances. Item 21 was read the first time, and held for questions from the Board members. Director Adcock directed everyone's attention to Subsection O, and asked Planning Director, Tony Bozynski, if this section was in response to an earlier complaint about a Burger King dumpster that took place a few years ago. Mr. Bozynski confirmed Director Adcock's suspicions by saying that this did stem from the Burger King incident. He explained that this amendment will enable future problems from occurring, but will not force this particular Burger King to change dumpster locations, because the current language for that particular point in time allowed it. Director Adcock directed everyone's attention of Subsection P, and asked to add the language "abandoned autos" to this section. She explained that if they did not amend the language, there will be Code Officers going out to this area for abandoned autos, and she wanted to correct the problem before it occurred. Mr. Bozynski agreed to add the language. Director Adcock asked everyone to turn to the next page and explained that on South University there are many car dealerships that put balloons on their cars in the lot on Saturdays. She asked if there was a reason, problem, or danger that could occur by having all of these balloons out at once. He said that Planning does not have strong feelings either way about the presence of balloons on Saturdays. Director Adcock stated that she had very strong feelings and wanted to know if the car dealerships have been notified regarding the amendments. Mr. Bozynski said that they have a neighborhood contact list and an ordinance contact list, but is not sure if there is an existing list for dealerships. Director Adcock directed everyone's attention to Subsection R, and pointed out that there is one subdivision identification sign. She said that there are many neighborhoods that have more than one identification sign such as John Barrow, Twin Lakes, and Ponderosa, because there are more than only one major entrance to these communities. She told Mr. Bozynski that she wants to see this language changed as well. Mr. Bozynski suggested that the language be changed to "one sign per personal entry into the subdivision ". Director Adcock agreed to this change in language. Director Wyrick directed everyone's attention to Item D, and wanted to know if this language was different than the language that was passed a few months before. Mr. Bozynski stated that this language was Little Rock Board of directors Meeting Minutes November 15, 2005 consistent with Housing and Neighborhood Programs in terms of their notification. She asked what sorts of things would be looked at in terms of zoning that would cause a change to seven days. Mr. Bozynski said that the best example he had was if someone were to run across an auto repair garage on R -2 property. He explained that this language is for zoning violations. Director Adcock made a motion and was seconded by Director Cazort, to make language amendments to Item 21 as follows: prohibit car dealerships from putting balloons out on the cars in the lot, add abandoned vehicles to the language in Subsection P, and give discretion to the Planning Director on number of identification signs in a neighborhood. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Adcock seconded by Director Cazort made the motion 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 and the ordinance was read the third time. By unanimous voice vote of the Board members present, being two thirds in number, the ordinance passed with the amended language. Mayor Dailey introduced Boy Scout Troop 391. 22. RESOLUTION 12,145 - Authorizing the use of $582,000 of General Fund Restricted Reserve Funds in the 2006 Budget to provide one -time funding to Pulaski County for 2006 Regional Jail Operations. Staff recommends approval. Synopsis: The resolution would allow the City Manager to budget up to $582,000 of the Restricted Reserve Fund in the 2006 Budget to provide one -time funding to Pulaski County; to maintain availability of at least 960 -1,000 beds at the Pulaski County Regional Jail. Item 22 was read. Mayor Dailey explained to everyone the long history behind this resolution. He stated that this would be a one year proposal that would be conditional on other participating cities adoption of this plan, along with the City of Little Rock's cooperation. Mayor Dailey stated that the goal is give $1,000,000.00 to the county in order to keep a minimum of 960 beds within the jail for the year of 2006. The county would need to fund additional money needed to operate the jail. He explained that the county is having financial issues, and this one time offering would allow time to work out a long term solution to the financial problems that are occurring. Mayor Dailey stated that if the county were not able or willing to give the additional money to fund the 960 beds for the next year, they would be forced to go back and look at other options. Director Kumpuris wanted this resolution to be very clear on where the money goes. City Manager, Bruce Moore, pointed out the section that stated where the money would go. Director Wyrick asked Mr. Moore what impact would be seen in savings for additional officers to work the North Side County Jail. Mr. Moore said that the North Side facility would increase, but the money needed to fund this is currently in the budget. A motion was made by Director Adcock, seconded by Director Pugh, to adopt Item 22. By unanimous voice vote of the Board members present, being two - thirds in number, Item 22 was adopted. 0 Little Rock Board of directors Meeting Minutes November 15, 2005 City Attorney, Tom Carpenter, was asked to give a synopsis of the jail situation. He explained that there are several issues that need to be considered. Mr. Carpenter stated that the first issue deals with responsibility for the prisoners. He said that the agreement with Pulaski County states that as long as we meet the requirement each year set forth by the interlocal agreement, they are bound to take our prisoners. Mr. Carpenter explains that most of the responsibility will go to Pulaski County, with possible minor adjustments. There are state statutes that can allow the sheriff to refuse to except persons into custody, and to do so would render the jail unconstitutional. The problem is that the jail is not unconstitutional until it is declared to be so, and there is no such declaration. In the 1980's there was a declaration that the concrete portion and regional detention center of the jail, could not have more than 200 prisoners, which was later raised to 240. There was no ruling that this violated the constitution. Things that were being ruled unconstitutional by a federal judge then are not being ruled the same now. There have been situations of double and triple - ceiling. If that is something that will be long term, there is a health risk, but if it is short term, there is no risk. One of the big issues is what is happening with the medical cost. This is a big issue, which has not been answered. Last week, a woman in custody collapsed and was taken to South West Regional, which later declared her dead. By taking her to South West, they have to pay hospital fees. If they had gone to the University of Arkansas Medical Center, the financial responsibility would have gone to the state. Injunctive relief which is an equitable remedy is the only answer. Part of an injunction action would be to stop the sheriff from using the statutory scheme. With sixteen judges in the county, he does not understand why one judge per night could not be on call to make release judgments for sick people. He asked why people are being taken into custody that is so sick that they can not go to jail without the county taking on their medical cost. An injunction is an order by a court to do or refrain from doing something. We would be seeking a state or federal judge to order the county to fulfill its statutory obligations by not being able to use the statute to allow them to refuse prisoners for constitutional reasons. Director Wyrick asked about the number of state prisoners that are currently in county jails that should not be there. She asked if the county could legally force the state to take their prisoners. Mr. Moore answered by saying that the Chief Thomas (Little Rock Police Chief) said the situation had recently improved, with the number of misplaced prisoners. He agreed to get more exact numbers at a later time. Mr. Carpenter said that the federal laws are different from the 80's, and was not sure that legal actions could be taken to force state prisoners into state prisons at this time. Director Stewart asked for an estimate on how much it would cost to rehabilitate a person, instead of placing them in jail. She pointed out that with the approach of the holiday season, the incidence of DWI's would increase. She wanted to know if the DWI offender would be placed in jail by the ruling of a judge, and how long the offender would be held. Mr. Carpenter was unclear of the cost difference of rehabilitation verses incarceration. He explained that the use of electronic bracelets would be an issue when discussing cost, because the technology is so advanced and cheaper. Mr. Carpenter explained that with a DWI offense, if the person is alone, or has no one to take them home, they will be held until they become sober. He stated that all offenses for DWI's mandate jail time. The first offense will cost a person a day in jail, which will be the amount of time to take the test and be checked out. The second offense 7 Little Rock Board of directors Meeting Minutes November 15, 2005 mandates a week, which the judges have no discretion over. The third offense will be a longer amount of time in jail. The forth offense will send a person to prison for a period of time. Mr. Carpenter stated that he is not recommending a course of action to the Board; he is only clarifying options and questions. 23. Deferred until Dec. 5th - To prohibit illegal laboratories, including clandestine methamphetamine laboratories; to provide for the dismantle and cleanup of illegal laboratories after notice to cease and desist; to provide for disposal of items involved in and located within the immediate area surrounding the laboratories; and for other purposes. (Ordinance contains an emergency clause). 3rd reading. (lst Reading: September 20, 2005. 2nd Reading: October 4, 2005). A motion was made by Director Cazort, seconded by Director Hurst, to delay Item 23 for 2 weeks. By unanimous voice vote of the Board members present, being two- thirds in number, Item 22 was deferred until December 5th. 24. DISCUSSION - 2006 City of Little Rock Budget — City Manager, Bruce Moore. Mr. Moore led the Board through the budget and showed them changes that were recommended. He recommended that the Board set aside, along with some other adjustments, $855,000.00 to the pay adjustment pool. He stated that this money should be set aside for non - uniform and fire personnel. Mr. Moore said that on November 29`n there will be a layout of recommendations for pay raises that the Board will be able to look at. He wanted to include a memorandum from him about the Art Center and Museum that will boost these two at the $240,000.00 level. He stated that by November 29, 2005, there will be a good representation of what the budget will look like. Director Wyrick wanted clarification on the Street Fund Reserve. Mr. Moore explained that in the past, the street fund could not be balanced from year to year. He explained that for the year 2006, this budget is balanced. Director Wyrick asked what the one time CATA capitol was for. Mr. Moore explained that this was for the City's commitment for the River Rail, which included tracks and trolleys. Director Hurst asked for clarification on what a four percent raise for a non uniform employee would amount to. Mr. Moore explained that for a non uniform employee, this total would amount to close to $900,000.00. A few other questions were posed about the budget, which will be looked at during the November 29, 2005 meeting. Mr. Moore suggested a recess and reconvene during November 22, 2005, for a public hearing and discussion about liens would take place, asked the Board to consider a recess at the November 22, 2005 Meeting and reconvene that meeting on November 29, 2005 to discuss budget issues along with other items. There was no objection from Board members regarding the recessed meetings. CITIZENS COMMUNICATIONS Speaker: Herb Dicker Topic: BFI Land Fill and Coleman Park. Mr. Dicker states that the area purposed for the new park is contaminated with waste from the land fill. Little Rock Board of directors Meeting Minutes November 15, 2005 Speaker: Troy Laha Topic: South West Little Rock Christmas Parade will be rescheduled for December 10, 2005 at 10:00AM. He encourages everyone to come and celebrate. Director Adcock made a motion seconded by Director Hurst to recess and reconvene on November 22, 2005 at 4:OOPM. By unanimous voice vote of the Board members present, the meeting was recessed. ATTEST: N#cy Woad, CMC City Clerk APPROVED: Ji ailey Mayor 0