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HomeMy WebLinkAbout05-21-02MINUTES BOARD OF DIRECTORS MEETING City Hall – 500 W. Markham May 21, 2002 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. The roll was called by Assistant City Clerk Nataki Knight, with the following Directors Present: Directors: Hinton, Pugh, Graves, Keck, Adcock, Wyrick, Kumpuris, Lichty, Vice Mayor Cazort and Director Stewart were absent. The invocation was given by Director Wyrick, which was followed by the Pledge of — Allegiance. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows: The following modifications were made to the agenda. Wendy Sayer – Riverfest Report Proclamation – National Public Works Week M -1. RESOLUTION NO. 11,290 to authorize the transfer of title of certain property to Russell Matchett, and for other purposes 22. RESOLUTION - -To make appointment to CATA Board. (Deferred) PRESENTATIONS: MacArthur Military History Museum - Steve McAteer, Director of the MacArthur Museum of Military History, reported that 15,000 people have visited since their opening in May of 2001, representing all fifty states, and twenty foreign countries. To express appreciation to the city of the support given, presented each board member with a replica of the Arsenal Building. He stated future plans for the museum included exhibits about Little Rock' own General Wesley Clark, as well as the Boy Scouts and their military contributions. He announced their website is about to be launched, and announced the partnering with UALR, The Rockefeller Foundation, and other cultural institutions in Little Rock for a major project in 2004 about the American interment of Japanese American experience in Arkansas during World War II. Mr. David Bragg, Director of Fleet Services, presented Fleet Services Automotive Technician Vocational Training Partnership. He stated throughout the automotive industry one of the issues most written, talked about and discussed in management forums is the shortage of automotive technicians. The shortage is approaching the point where it could cripple the transportation industry, as we know it. He stated that Little Rock is fortunate to have two quality career technical training center which are Metropolitan Career Technical Center and Pulaski Technical College. He announced that a little over a year ago, members of Fleet staff, lead by Mr. Bill DeWitt, Fleet Operations Manager, and Mr. Tony Bell, Training and Safety Coordinator forged a partnership with both of the local technical schools to provide on the job training in conjunction with the classroom and lab instruction provided by the schools. The goals were to train an ongoing supply of skilled technicians for the public and private sectors, to increase quality job opportunities for local youth, return tax dollars to the community through a higher skilled workforce and to have increased involvement between the city and the local schools. Students are interviewed that are recommended by their instructors and two are selected from each institution to participate in the job training program. The selected students begin full -time summer employment following their sophomore year in school, and then they attend school half days and work half days with Fleet Services during the school term. Upon graduation, students are offered full -time employment with Fleet Services if positions are available. Current students and Mr. Mike Peterson, Principal of Metropolitan Career Center, Little Rock School District, were introduced. Mr. Peterson stated that the partnership was beneficial to the school, the city and the students, and invited the board members to come out and see the classroom instruction. Minutes: May 21, 2002 Ms. Wendy Sayer, Chair of Riverfest, shared events that would be taking place at Riverfest this year, and announced that North Little Rock would be included this year to the Northshore Riverwalk. She stated this keeps the festival down on the river. She announced the Main Street Bridge would be closed at 10 AM Friday morning to motorist and open to pedestrians. A shuttle will operate on the bridge, and regular shuttles from War Memorial will still be available. The kid's area has been beefed up with entertainment and activities in this area. Ticket prices increased, but children nine and under still can come for free. A feature called Total Riverfest Live has been added, which is for the teens. The Rock Climbing Wall will be back this year, the Air Force is sending in a flight simulator, approximately sixty two artists will be coming in, the Osborne Fireworks will be featured on Sunday night. Across the bridge in North Little - Rock, the main attraction is the two main music stages. North Little Rock will open at three in the afternoon, on Saturday and Sunday. Tickets will be five dollars in advance for three days, or ten dollars at the gate. Ms. Sayer announced this year would be the twenty fifth anniversary of Riverfest and on Thursday night invited the board to come down to the dedication of the Riverfest Plaza, a gift that Riverfest has given back to the city and that two Riverfest scholarships would be given away this year to two students, for Arkansas Colleges majoring in either the visual or performing arts. She stated that about seventeen to eighteen hundred volunteers help operate Riverfest each year. She thanked them and thanked city staff for assisting in putting it together. PROCLAMATION: Know all people by these greetings, Whereas May 19 — 25, 2002 has been designated as National Public Works Week and Whereas the staff of Little Rock Public Works play an essential roll in provision in maintenance of essential infrastructure, for the citizens of Little Rock, Whereas the efficiency of the qualified and dedicated personnel who staff the Little Rock Public Works Department is influenced by the citizens of this great city and Whereas the mission of the Public Works Department is to provide an efficient and economical infrastructure with quality management in all activities while maintaining professional service to our customers, Where as the theme of national Public Works Week this year is committed to our communities, Now therefore, I Jim Dailey, Mayor of the City of Little Rock, do hereby proclaim the week of May 19 -25, 2002 National Public Works Week in the City of Little Rock and do publicly state with regard to Little Rock Public Works that we are proud of your works. Thank you. Mayor Jim Dailey, Mayor of the City of Little Rock. Mr. Guy Lowes, Assistant Public Works Director, thanked Mayor Dailey for the proclamation, saying he and all the Public Works employees were proud to serve the city. CONSENT AGENDA (Items 1 -7) 1. MOTION - To approve minutes of regular Little Rock Board of Directors Meeting: 3 -19 -02 2. MOTION - Z -7159 - To set a date of public hearing for June 4, 2002 on a petition to appeal the Planning Commission's approval of a Conditional Use Permit to allow for the placement of a multi - sectional manufactured home on the R -2 zoned property located at 10709 Stagecoach Road. 3. RESOLUTION NO. 11,291 - To authorize local government endorsement of Applica Consumers Products, Inc., 6901 Lindsey Road and at 1900 W. 65ths Street, Little Rock, Arkansas, to participate in the Advantage Arkansas program, and for other purposes. 4. RESOLUTION NO. 11,292 - To authorize local government endorsement of Veriplas Containers, Inc. 6600 Geyer Springs Road, Little Rock, Arkansas, to participate in the Advantage Arkansas Program; and for other purposes. 5. RESOLUTION NO. 11,293 - Awarding a contract to Jewell Engineers, P.A. for the reconstruction of Holt Street (36th to 42 "d) and 42"d Street (Holt Street to Elam Street.) 6. RESOLUTION NO. 11,294 - Awarding a contract to Development Consultants, Inc. for the reconstruction of 83`d Street, Geyer Springs Road to Juniper Street. 7. RESOLUTION NO. 11,295 - To authorize the City Manager to execute a contact with John Wright Construction Co., Inc. in the amount of $69,200. 2 Minutes: May 21, 2002 M -1. RESOLUTION NO. 11,290 to authorize the transfer of title of certain property to Russell Matchett, and for other purposes. The consent agenda was read. Director Adcock made a motion to adopt the consent agenda; Director Lichty stated he had a question, that might be just a typographical error on page 2 in one of the recitals, line 17, "these monies will not be transferred ", and was curious if that should not read "these monies will be transferred ", Mr. Carpenter stated that has been corrected, and the other item is that it is indicated that there are four pages, and he only received three. Mr. Carpenter stated that had been corrected also, but the copies presented to the board did not indicate the changes as they had already gone out before the errors were detected and corrected. The motion was seconded by Director Kumpuris, and by unanimous voice vote of the board members present, the consent agenda was adopted. Grouped Items: 8 -12 8. ORDINANCE NO. 18,682 - Amending Chapter 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. (Planning Commission: 11 yes, 0 no) Staff recommends approval. 9. ORDINANCE NO. 18,683 - Amending Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, concerning Wireless Communications Facility Regulations; providing for modification of the landscaping and screening provisions within 30 days of the effective date of this ordinance; and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent) Staff recommends approval. 10. ORDINANCE 18,684 - To amend Little Rock, AR, Rev. Code § 2 -243 (1988) to recognize labor economics as a professional service for the City of Little Rock, Arkansas, and its various boards and commissions; and for other purposes. (Two meetings required.)(First Meeting: May 7, 2002 - first reading) 11. ORDINANCE NO. 18,685 - To authorize the City Manager to enter into a contract with Wittenberg, Deloney and Davidson for architectural design for a parking structure not to exceed 800 spaces and 20,000 sq., ft. for retail. 12. ORDINANCE NO. 18,686 - Z- 6504 -A — To revoke an existing POD zoning and — rezoning the property to C -3, 0-3, and OS located at the southeast corner of I -430 and Colonel Glenn Road. (Planning Commission: 10 yes, 0 no, 1 absent) Staff recommends approval. The grouped items were read the first time. Director Adcock made a motion to suspend the rules and place Items 8,9,11, and 12 on second reading; seconded by Director Wyrick, and by unanimous voice vote of the two thirds of the board members present the rules were suspended and Items 8,9,11, and 12 were read the second time. A motion was made by Director Adcock to suspend the rules and to place Items 8,9,10,11, and 12 on third and final reading, the motion was seconded by Director Keck, the rules were suspended by two thirds vote of the board members present and the ordinances were read the third and final time. By unanimous voice vote of the board members present, the ordinances (Items 8,9,11, and 12) were passed. Item 10 was left on 2nd reading, to be read the third time at the June 4, 2002 regular meeting. Separate Items: 13 -22 13. RESOLUTION NO. 11,296- To set the date of Public Hearing for June 4, 2002 on a petition to abandon all of Kentucky Street lying east and north of Cantrell Road (State Hwy. 10). Director Pugh asked if there were any houses on Kentucky Street. Mr. Lowes, Assistant Public Works Director, stated there are no houses; there is one business that has some frontage on the street, and a driveway. He stated the traffic count was 133 vehicles the day the traffic was counted. He said there is a rear entrance, and the traffic count was 33 vehicles. Director Lichty asked if there was any public purpose being served by closing this particular right -of way and abandoning it. Mr. Lowes said not that he could speak to; the utilities are still located there and the applicant wants to maintain the easement on the thirty -foot section of right of way. Director Lichty asked who would be the beneficiary of this. Mr. Lowes stated whomever the property would revert to. Mr. Lowes said this did not go through the Planning Commission; it came directly to the board because 100% of the properties fronting it were in favor. He said there were four property owners. Director Adcock stated she would like to know who the four property owners are, and why it did not come though the Planning Commission in the usual channels, and stated she believed this is one that Director Cazort had asked to be 3 Minutes: May 21, 2002 held. Mayor Dailey stated this was only to set the public hearing. Director Adcock stated she would like her questions answered before the hearing. Mayor Dailey asked for a motion to approve the resolution to set the date of hearing. Director Adcock made the motion to adopt the resolution, Director Pugh seconded the motion, and by unanimous voice vote of the board members present, the resolution was adopted. 14. RESOLUTION NO. 11,297- Of the Board of Directors of the City of Little Rock, Arkansas in support of the Urban Land Institute Midtown Report. Mr. Dick Downing, Little Rock Planning Commission, gave a brief history of how the study came about and introduced Mr. Craig Berry, Little Rock Planning Commission, shared the results of the report saying that the bad news is that like many midtown malls across the country, has become a gray field. He said in 1993 the assessed value of University Mall was $46 million dollars, and at the 2002 ending the assessed value was $18.75 million, a loss in value of 60 %, indicating that University Mall has lived past its useful social and economic life. Park Plaza is still a strong mall. Sears is struggling. The consultants and the Planning Commission agree that there is a sphere epicenter in Little Rock, they call Midtown (Markham and University) that center like the core of an apple affects the surrounding neighborhoods. The consultants, because of the need outlined above, have recommended and defined a redevelopment district bounded by the streets on the north, Father Tribou, and Lee Street, to the south Interstate 630, to the west McKinley Street and takes in a section of A, B and C Streets, south of Lee Street to Markham. The consultants have recommended looking at and improving the streetscape along Markham that extends from the University /Markham intersection all the way to the Med Center. Several potential uses were looked at by the consultants and came up with some suggested uses such as different kinds of retail use, office use, housing, adequate parking and open space friendly to pedestrian traffic. Judith Faust, Little Rock Planning Commission, stated they brought in stakeholders, developing a list, which consisted of public agencies, a number of neighborhood associations, business groups, and neighbors to the area. The Planning Commission went to these groups making sure they had copies of the Urban Land Institute Report and talked about what could happen with a Midtown Development District. Among those the Planning Commission visited with were the Little Rock Regional Chamber of Commerce, The Realtors Association, with the Hillcrest Merchants Association, some of the public agencies included the Little Rock School Board, The City Beautiful Commission, The Oak Forest Alert Center, neighborhood associations, Southwest Little Rock United for Progress, Hillcrest Residents Association, Briarwood Neighborhood Association, Broadmoor Property Owners Association, University Park Neighborhood Association, the Midtown Neighborhood Association, Coalition of Little Rock Neighborhoods, and Neighborhood Connections. Ms. Faust stated they talked with St. Mark's Baptist Church, the Black Community Developers, and with St. Vincent Health System and across the board, found interest in this area. The weight of all these people is needed to make a good decision on whether the project is worth pursuing. Ms. Faust introduced several groups who were present in support of the project. Mr. Downing stated that unanimously the Planning Commission supports the Midtown Development District and asked the Board Members for their support. Scott Mosley, representing the St. Vincent Health System, endorsed the study and the recommendations of the movement toward the redevelopment of the defined area. Kathleen Oleson, League of Women Voters of Pulaski County, stated this was really a pro- active effort on the part of the city to address a concern before it became a major problem. She stated the proposal is appropriate for the area because of the components of senior housing, the health components, the emphasis on more green space and pedestrian traffic, which is something a lot of suburban areas is trying to incorporate, and there is a great opportunity to do this is in this community. She stated the League of Women Voters of Pulaski County endorse the Midtown Report as it is under the current parameters but wanted to remind the board about comments previously made about he golf course and War Memorial being off limits when considering this. Elliot Kumpe, 711 McAdoo, Co -Chair of the Midtown Planning Process, agreed that the ULI Report offers an exciting vision for that area and endorsed the plan. Director Lichty commended the Little Rock Planning Commission on their efforts thus far and could not imagine this resolution not being approved but had two questions. One question regarded land use, specifically in the University Mall area. One use proposed was a megaplex movie the and asked if there was a change proposed since one has been proposed for west Little Rock. Mr. Downing said there is still potential for a movie theatre in mid- town, but if the potential investor thinks there would not be a market, it would not be there, and asked the same question of the home /garden store use given the proposed home /garden center going in the old Home Quarters building, and asked if ULI planned to update their suggestions. Mr. Downing said the Urban Land Institute would probably have to be paid to do that, but felt the Planning Commission and staff could do that just as well. Ms. Faust stated that the process ULI recommends that local citizens would make the decisions as to land use, one by one around other developments. Any single element of the plan may be different from what is in the ULI Report, it is not a blueprint. Director Graves asked if UAMS had been contacted in all the meetings. Ms. Faust said El Minutes: May 21, 2002 they had not, and the big picture did include them. Ms. Faust assured the Board that if this were approved, the task force would be sure they are contacted. Director Adcock asked if Mr. Ron Tabor had been apart of the discussion, as he was a part of the first discussions indicating that something had to be looked at in the Park Plaza and University areas. Mr. Downing stated they were involved when the Urban Land Institute Panel was here, and they are actively involved in attempting to do some development in a portion of E. University, but they quietly gave the Planning Commission support, but they have their own client to deal with, and felt the support what is happening here, but felt their roll should be in the background. Mayor Dailey stated his hope was this would be like the Rivermarket area, and in a period of five, seven or ten years that an unbelievable renaissance would occur. Director Lichty moved to adopt the resolution, Director Graves seconded the motion, and by unanimous voice vote of the board members present, the resolution was adopted. 15. ORDINANCE - Accepting the Rolling Pines Annexation, adding certain lands to the City of Little Rock, Arkansas. (Planning Commission: 10 yes, 0 no. 1 absent) Staff recommends approval. (Deferred). 16. ORDINANCE - 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) Director Adcock asked for a short staff presentation. Mr. Jim Lawson, Planning Director, stated this piece of property is currently zoned C -3 and there is C -4 to the west and to the south, and that is what the applicant has asked for. The applicant wishes to expand the car wash and that is the reason they have asked for the C -4 zoning. Director Adcock asked the name of the applicant. Mr. Lawson answered it was John J. Nozzle. Director Adcock asked if it was a Splash Car Wash, and the concern of the neighborhoods are the lights and noise, and a carwash that large would bring in a lot of noise and traffic to the area. She asked if there would be any restrictions on lights and noise with the C -4 zoning. Mr. Lawson said they would ask them not to have lights that would bleed out into the neighborhood, but as far as having a site plan review or PCD, then no, that would not be the case. He said a car wash is allowed in a C -3 zoning, so if the property was not zoned C -4, it could be left as C -3 and the applicant could ask for a Conditional Use Permit which would begin to tie down those things. Director Adcock said she thought that is what the neighborhood people would like because if it is kept C -3 they could come in with a PUD and have the carwash, but final say would be by the Board. Director Kumpuris asked if the applicant was present. Mr. Pat McGetrick, the engineer for the project, said the applicant was out of town today and stated the primary reason for the rezoning is to extend carwash that is already there, to bring it up to better standards. He said they would be agreeable to staff reviewing the lighting and any noise regulations the board might wish to place on it. Director Adcock asked how many bays they planned. Mr. McGetrick said they would have six bays. Director Adcock asked how conditions could be put in this ordinance some conditions on the lighting, the hours and the noise. Mr. Carpenter answered that there is the ability to rezone with conditions, but that is limited to uses, and without it being a Planned Development, did not know if you could just put things in there to regulate noise, hours and lighting on just a rezoning request. Mr. McGetrick asked if the item could be deferred until the applicant could be in town. The ordinance was read the first time. The item was held on first reading. 17. PUBLIC HEARING &ORDINANCE NO. 18,687 - G -24 -008 — Abandoning the easements remaining in the former Abigail Street right -of -way located between W. 12th and W. 13th Streets. (Sydney J. Johnson Addition) Staff recommends approval. Mayor Dailey opened the Public Hearing. Director Pugh asked why this was coming up now, that this street is already closed. Director Lichty stated that this was to abandon just the easements to the closed streets. Mayor Dailey asked Mr. Lawson if there were any reason the City would want to hold on to those easements. Mr. Lawson answered no. Mayor Dailey declared the public hearing closed, and the ordinance was read the first time. Rules were suspended by voice vote of two thirds of the board members present to provide for the second and third readings of the ordinance. The rules were suspended and the ordinances were read the second and third times and by unanimous voice vote of the board members present, the ordinance was passed. 18. PUBLIC HEARING & ORDINANCE - To establish and lay off Otter Creek Property Owner's Improvement District. Mayor Dailey opened the public hearing. Director Adcock asked what the term lay of means, and was all the 51 % of signatures obtained. The ordinance was written by the attorney for the district, who was not present to answer the questions. Mayor Dailey declared the public hearing closed, and asked for the ordinance to be held on first reading. Mr. Carpenter stated the public hearing needed to be recessed, as the questions were pertaining to having any challenges to the improvement district. Director Keck, seconded by Director Lichty moved to recess the public hearing for two weeks. 5 Minutes: May 21, 2002 19. ORDINANCE NO. 18688 - Calling and setting a date for a Special Election to refer to a vote of the people the question of issuing Capital Improvement Revenue Bonds under the Arkansas constitution, Amendment 65, and the Public Facilities Boards Act to finance capital improvements of a public nature for hotel purposes; prescribing other matters pertaining thereto; and declaring an emergency. Mr. George Campbell was present to represent the applicant. Director Lichty stated he feared that this was opening a floodgate for this type of financing and asked Mr. Campbell if these were taxable municipal bonds. Mr. Campbell answered that was correct. Director Lichty stated that Director Kumpuris had already stated that there would be no property tax abatement, and asked if other concessions were being granted such as the Advantage Arkansas Program? Mr. Campbell stated he could not answer that question. Director Kumpuris stated that "to date" nothing has been applied for, but did not know if they would or were even eligible to do any of that. Mr. Carney stated there had been no requests for any state or other -- local incentives and did not expect any. Director Lichty stated that even though there is no risk to the City of Little Rock, all of this would be on the burden of the developer to pledge the revenues of the development to pay off those taxable bonds, and if there is any kind of default there is a potential risk to the credibility to the City by them putting their stamp of approval on this sort of thing. Director Lichty asked Mr. Campbell if he had knowledge of any negotiation for personal liability in the repayment of those bonds should there by any kind of default. Mr. Campbell answered that he could not imagine there would be, and did not know any person in this industry that makes a personal guarantee. The ordinance was read the first time. Mr. Don Darnell, 7007 E. Wakefield Drive, stated his concern was that a primary election had just taken place and a general election would be taking place in November and asked if it were necessary to hold a special election in between these two lections, or could the tax payers be saved a few dollars by having this in the general election. Director Kumpuris answered that this does not cost citizens anything, that the applicant pays for the whole election and two, the simply votes on whether to approve the election. Mr. Darnell stated then, he had no objection. The rules were suspended by two thirds of the board members present to place the item on the second and third readings. By unanimous voice vote the rules were suspended and the ordinance was read the second and third times. By unanimous voice vote of the board members present the ordinance and emergency clause was passed. Director Keck recognized Ms. Nataki Knight, Assistant City Clerk, who was standing in for the City Clerk, who was attending a conference. 20. ORDINANCE NO. 18,685 - To amend Little Rock, Arkansas Revised Code 28 -28 - -- (1988) to modify the rates for solid waste collection services. Mr. Cy Carney, City Manager, stated this ordinance implements the action which was approved by the board at the last meeting and officially sets, effective in September, the new solid waste fee of $18.91 per month. This is the fee that includes all the services currently delivered, making the modifications asked for, adding the pick up the small amount of lumber material and also in a container required for the standard garbage collection and charging for all second containers a rate of $7.00 per month per container. It includes all the services now provided, the waste pickup, the recycling, the yard waste, the dead animals, the mosquito spraying. All those services that are now accomplished; this is the ordinance that would do that. Mr. Carney said one additional piece has been included per board request, which is the size of the bond issue to accomplish new land fill development and the cost translated into a fee amount which would be about a $5.6 million dollars for the capital development sometime after January 1, 2003 when the bonds have been sold.. That amount would translate into a $1 per household increase, but by refinancing as many board members suggested, an amount of about $.50 would be saved per household so the net additional new cost needed per household would be $.50 per month. The question was whether to do that now, or later. The revenue translates into about $300,000 annually for the total dollar amount needed. Mr. Carney stated whether that comes through Solid Waste or some other method, it has been suggested by the board that issue be considered during the budget process, so the increase would not be any larger than the $18.91 increase. Mr. Carpenter clarified that since the ordinance had been put before the board, there were some comments received from Public Works and a few points needed to be made. Mr. Carpenter referenced Page 2, under the definition of services, line 7, the definition of "a limited amount of wood materials ", needs to be changed to read "a limited amount of wood materials means a small number of wood boards not longer than six feet that are placed next to a city container which do not indicate a major construction home rehabilitation or home remodeling project." Mr. Carpenter also referenced Section 5, currently with an emergency clause, to have an effective date of June 1 and should be changed to an effective date and the effective date section should read " the rate set forth in Section 1 of this ordinance shall become effective upon the completion and termination of the City's current agreement with Waste Management of Arkansas, Inc. which is currently scheduled for September 12, 2002, and shall initially be collected on all bills mailed to customers after that date. Director Wyrick stated that they had a memo that reflected a rate of $18.91, but the G Minutes: May 21, 2002 Ordinance states $19.04. Director Adcock said she felt this was the best deal for the citizens because it picks up the things that make the neighborhoods look so ugly, and looked forward to September when these things would disappear. Director Keck stated he understood the definition of six feet on the small amount of lumber, but that it was not going to be in a container, it would be next to the container; and if there was an extra bag of garbage set out; not in the container then that would not be picked up. Mr. Carpenter said that was correct but the lumber is not garbage. Mr. Carpenter stated these items would be placed in the back of the truck but not mixed in with household waste. Mr. Guy Lowes, Assistant Public Works Director stated that the lumber would go in with yard waste which would go to the compost site, and the garbage had to go into the class one landfill, picked up out of the carts. Director Keck said this resolution was received this evening by e -mail and some board members have heard the definition of a limited amount of wood material, but have not had a change to read it, and made a motion this to hold this item on first reading, Director Wyrick seconded the motion. A roll call vote was taken and recorded as follows: Directors: Pugh, no, Hinton, no, Lichty, no, Keck, yes, Wyrick, yes, Kumpuris, no, Graves, no, Adcock, no, Mayor Dailey, no. 2 yes, 7 no. Director Stewart and Vice Mayor Cazort were absent. Director Keck asked why there was a need for the emergency clause. Mr. Carpenter stated he would take the blame for t he lateness of the ordinance, that there was some miscommunication. He stated the emergency clause in the comments that he made earlier, is not there anymore; that has been replaced with an effective date clause which says the effective date of the ordinance would be when the contract with Waste Management ends. The rate change would not take effect until after the end of the contract with Waste Management, and would begin to be collected on the first monthly bill after that. Director Keck stated he wanted to make certain that for $18.91 per month; citizens would be asked to move the large green containers to the curb every week and all the garbage would need to fit into the container. Mr. Carney stated that it would need to go into the approved green container, or into the recycling materials container. Director Keck stated that under this ordinance, a second container would be billed at an additional $7.00; and the additional expense citizens would incur would pay for additional roll offs, pickups at vacant lots, and pickup at boarded and/or abandoned homes, as well as small wood materials as they accumulate throughout the city. Mr. Carney stated this was correct. Director Hinton asked if "senior" and persons with disabilities would continue to get the services they receive currently? Mr. Lowes said they would. Mr. Carney stated that when the Board makes a final action, and if this package is approved; the plan is presented to the Board, the public information plan, the transition plan, and the details of how the city will work with citizens and inform and educate them. Director Adcock asked about the "Free Day" for citizens at the dump site? Mr. Carpenter stated they were still researching this. He said the general answer is that in order for the city to implement a program like that and not run afoul of the U.S. Constitution, any access to the landfill would have to be stopped from anyone outside the City of Little Rock, and thought before the Board wished to make that decision, they might like to receive more detail on that point. Mr. Joe Healy, 301 Shadow Ridge Drive, stated he understood the rates would be raised, but what he was concerned about was the possibility of $1.90 and change that would be going into the general fund. He stated he was concerned about a tax the citizens were getting but not knowing they were getting it. He said to him, when it goes into the general fund, and had no place where it was going to be spent, indicates a tax. He stated a precedent was being set, and by that he meant if other fees were collected, what would stop the City of Little Rock from saying; we are going to take $.50 of that fee and put it into the general fund. He said to him this was a hidden tax. Director Lichty stated this was an item that was discussed and fully disclosed during the budget process, and it's been out there for public consumption since last August, or whenever the budgeting process was started, and would suspect that if there were any thing that did not meet legal mustering, the City Attorney would have voiced his opinion. Mr. Healy said he was not saying this was illegal. He said the City is passing a tax and posing it as a fee. He said it may have been discussed last year, but it is still a hidden tax. Mr. Don Darnell, 7007 E. Wakefield Drive, stated for historical information, the Finance Director, Bob Biles, did in fact provide the Arkansas Democrat Gazette with an itemization of where the dollars that were being collected on that increase were actually being funneled through the general fund to specific targets. He stated when this item first came before the board he had written his Ward Director, Hinton, a note, that stated in his humble opinion, the City should probably pick up the trash, have the responsibility and control of it. He said he was in favor of that, and the second part of the note, was that people would have to pay according to how much they throw away, and knew that would not be changed tonight, but wanted to keep it on the Board's radar screen for some future consideration, possibly next years' budget; or when a rate increase has to be considered for whatever reason. Mr. Nathan Dendy, 8 Orange Blossom, stated he didn't have problem with the ordinance and liked the part about the small amount of lumber being picked up, and felt this would allow people one place to call for information, complaints, etc. Director Keck motioned to amend the ordinance from $18.91 to $17.43. The motion was seconded by Director Wyrick, which would the approximate of amount of what would have been the transfer to the general fund. A voice vote was taken and recorded as follows: Directors; 7 Minutes: May 21, 2002 Wyrick, Keck, voted yes, Directors: Pugh, Hinton, Graves, Lichty, Adcock, Mayor Dailey voted no. Mr. Steve Shannon announced that he had turned in a card, and wished to address this issue. Mayor Dailey recognized Mr. Shannon. Mr. Steve Shannon stated he was the Manager of Recycling USA, and a subcontractor with Waste Management; and asked the Board before they ratified this ordinance, implored the Board to reconsider re- negotiating with Waste Management or rebidding the service, that this could save the citizens well over a million dollars per year. He said if the Board did choose to move forward with this, that Recycling USA did value their relationship with the city, and the other communities they serve in central Arkansas, and would continue to provide those citizens with their services. He announced they were providing clean -up and recycling services for Riverfest and looked forward to doing this again this year. The ordinance was read the first time; Director Adcock made a motion to suspend the rules and place the ordinance on second reading; seconded by Director Lichty. Directors Wyrick and Keck were opposed. The motion failed. The ordinance was held on first reading. Citizens Communication was the next consideration. Mayor Dailey stated he had sixteen cards turned in for Citizens Communication, and would allow two minutes for each speaker. Mr. Don Darnell, 7007 E. Wakefield, was the first speaker; spoke on the problem of racial divide in the City of Little Rock. He said as part of the Racial Cultural Diversity Commission, was very disheartened, saddened and hurt to see in this city there is still racism. He asked thee Board to give what ever support, in whatever way, to help heal the terrible cancer of racial hatred, distrust, separation, racism. Dr. George Blevins, addressed the Fraternal Order of Police's allegations against the Chief of Police. He stated these allegations are groundless. He said the Police Chief was very prominent in the budget discussions, with regard to bulletproof vests, and police cars, which were cited as issues. He said it is time to examine the FOP; he said personally he did not believe they were fraternal, that they were out of order with the actions they have taken, and the "billboard" suggests that they do not have commitments to effective policing. He said how does an organization that is supposed to represent all of the officers, not admit one officer to their ranks. That is totally out of line. He said this organization has a history of discrimination; and yet when a black police chief takes actions that are totally legal, they cry discrimination. He asked that all issues be examined thoroughly, and addressed in a fair manner. Ms. Donna Stone, 4623 W. 25h Street, president of Midway Neighborhood Association, stated that Dr. Blevins had just addressed the issues she had intended to speak on. She stated she had gone out into the community over the weekend and had spoken to several people throughout the city, and they are concerned about the "billboard" and message the FOP is sending to the community, and also the FOP being a bargaining organization for the police department as a whole, thought that the Mayor and City Board, should reconsider the FOP as being the sole bargaining organization for the police department. Mr. Sandy Becker stated he had concern on how the conflict between the FOP and the police chief was being addressed. He found it distasteful.and felt the disputes needed to be resolved without name - calling, accusations, etc. He said the disagreements needed to be worked out among them, and not where a billboard suggests that the citizens are not safe. Ms. Mollie Irwin, 507 Deerbrook Road, stated she was still asking the city for help with their traffic light at Henderson School and Barrow Road. Mr. R. L. James, 2721 Quebec Drive, stated he was speaking tonight over concern of the issues with the police chief. He said when you read that billboard, and for those who know the police chief is black, it is a reflection on all Afro - Americans. He stated the billboard indicates that citizens are unsafe because of leadership. He said he was the Chaplin for the Little Rock Police Department and for the Arkansas State Police Department and was very concerned about these issues. Mr. Carlton Brown, 1912 Moss Street, North Little Rock, Arkansas, stated that the FOP has made these accusations so the chief would pursue crime on a rate that was acceptable in past times. He said there are more third world activities in our neighborhoods now and lacking other forces behind the agency to support them. He said the chief is excellent, the FOP is excellent in their services; and that these two need to get together, then everything else works itself out. Mr. Johnny Perry, 10 Silverleaf Court, spoke in support of Chief Johnson, saying he was one of the contractors for remodeling the Chief's office and got a chance to meet him. He said he believes in the Board and did not think the Board would allow police to get on the streets with inferior bulletproof jackets, or cars that would not start, or put them in any danger. He said he feels the FOP is not so much racial, but it is change they fear. He said this is not just a black problem, and if this chief goes because of the FOP then the whole city looses. No one has ever come forward with any proof - Chief Johnson is not doing his job, so he trusts the Board will do the right thing. Mr. Joe Gray, Vice President of the International Association of Black Professional Firefighters of HOTTAR Chapter. He said they support the police chief with all the racial problems going on there as well as in the fire department, and said he felt there should be some racial and cultural diversity within both departments. He said he feels the FOP is downgrading the police chief and trying to take the city back to the 1960's. The Racial and Cultural Diversity Commissioner who spoke earlier had some valid points and all should take heed to those things. Mayor Dailey commented that he supports Chief Johnson, and until something that would come along that would give him any reason that Minutes: May 21, 2002 support should not be there, he was resolute in his support and would continue to be. Any time allegations are brought forward, whether by the FOP or individuals against the Chief or any other employee of city government, there is a process that is adhered to in this form of government. Mayor Dailey said in this particular case, even allegations, true or untrue, that the process must be respected. Mayor Dailey stated on a personal note, to him it is a time to internally come together and work our way through these issues. This is a microcosm of our community and it also speaks to the fiber of the public confidence relative to individual public safety issues as well as just the issues that cause people to feel better or fell worse about the diversity in the community. He said that this be used as an opportunity to solve problems rather than trying to divide ourselves. Mr. Cy Carney, City Manager, stated when there is a vacancy in any department, felt the city should do a nationwide search to look for the very best candidate, when those positions come open. He said this was done in the case of the police chief vacancy, and by teleconference and in person interviewed a number of people. The three final candidates came here. Mr. Carney stated he was convinced that they selected the very best candidate. He said there was considerable research done on the final three candidates, and that showed him clearly that Chief Johnson was the best candidate of the final group. He said he still believes that the chief has done a good job, he has had some tough issues to deal with, but believed among other things, he has been in the community more, and done more things to interact with citizens and on scene neighborhood type issues as well as high level police issues that were happening at the community. Mr. Carney stated he has encouraged Chief Johnson to take the steps he saw as necessary as a professional police person in terms of change or other things that he felt could improve the department, and take action that would deliver the very best police services that could be delivered to the community and make the department the most professional he could. Mr. Carney stated he was convinced that Chief Johnson has done that. Mr. Carney stated along the way there have been allegations, and each one of those whether brought directly to the City Manager or to the Mayor, each has been looked at in detail and have determined there was not anything to those allegations, and even currently there is a citizen group that is meeting on a regular basis about some of the allegations, and they are meeting with Himself, the Mayor, the FOP, the Chief and make a report. Mr. Carney's suggestion is for this group to look at the issues, to make a determination as to what is there or not there, and make an objective determination. He said the latest allegation was an allegation related to travel records, and the falsification of travel records. Mr. Carney stated the day they received the allegation, he directed the two department directors who are involved in payroll and bookkeeping, the Finance Director and the Human Resource Director, to immediately pull together all the travel records from day one of the Chief's employment to examine every piece of the record, all the leave time and the calendars, and to make a report to him as soon as it had been thoroughly looked into. He said he expected the final report within a few days, and as soon as he receives it, it would be released to the Board as well as the press and the public. He said on all issues, they have found them baseless. Mr. Carney said he and the Chief speak almost every day on various issues, and that the Chief is a dedicated police professional, having in mind one thing, and that is to deliver the police service to this community. Mr. Carney stated with as many employees as the city has, there would be issues, and they are dealt with. He said the city has a capable Human Resource Director, Mr. Don Flegal, and a great city staff, down to entry -level personnel, and these things are dealt with every day. Director Adcock asked Mr. Carney if there was any rule that the City of Little Rock could not negotiate with two organizations for the benefit of the employees. Mr. Carney stated he would have to check the State Statute, that generally, in cities, the principal of representative or collective bargaining negotiation whether required by statute or not, is that one group would represent the like employees of the group; for example, the police officers, if that group can obtain the majority representation of the group being represented. He stated the AFSME group as not been able to achieve fifty percent of their employee group membership, and the city is in the process of not working with them in negotiations, and felt the principle of one body representing the majority of the group is a good principle and thought anything less would question where to draw the line. If one group presents ten employees, and one group thirty, and another represents twenty- nine; the city could not deal effectively with all of them. The idea of a majority representation is an important principle. Director Adcock asked Mr. Carpenter, the City Attorney's opinion on this question. Mr. Carpenter stated there is an organization that does represent a majority of the individuals, but the other problem is the whole concept of negotiations is try to come to an agreement on terms and when third forth and fifth parties are added, they have to agree among themselves before there is any hope that they can agree with the city on some of the specific terms, so it creates some difficult negotiation points for all the parties. Director Adcock stated she had heard that the FOP had declined membership to a person who had applied, and asked if the Board could ask for any type of report or why one of our city employees was declined membership in their organization. Mr. Carpenter stated there was nothing that prohibits the Board from asking why they didn't include someone, but they are not obligated to take members according to what the Supreme Court said just a year or so ago in case involving the Boy Scouts. The first amendment right has to carry with it the equal right to exclude or the amendment becomes meaningless. Director 9 Minutes: May 21, 2002 Adcock asked Tom to ask the FOP for this information. Mr. Carpenter stated he felt it would be better for the City Manager to ask, as he is in that role. Mr. Carney stated he would ask. 21. Mr. Cy Carney, City Manager, had no report. 22. RESOLUTION - -To make appointment to CATA Board. (Deferred) A motion was made by Director Adcock to recess the meeting to May 28, 2002 to reconvene on the Solid Waste Collection issue, and on an economic development issue; and asked that the two issues deferred, one dealing with Geyer Springs Road, and one with Otter Creek; that if the issues could be resolved that these two issues be heard at the reconvened meeting on May 28h. The motion was seconded by Director Wyrick, and by unanimous voice vote of the Board members present, the meeting was recessed at 9:30. ATTEST: Na cy Wo d, City Clerk APPROVED: f , Ji " Dailey, Mayor 10