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HomeMy WebLinkAbout09-17-02Minutes September 17, 2002 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham September 17, 2002 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Daily Presiding. The roll was called by Assistant City Clerk, Nataki Knight, with the following Directors Present: Hinton, Pugh, Stewart, Graves, Lichty, Keck, Adcock, Wyrick, Kumpuris, and Vice Mayor Cazort. The invocation was given by Director Stewart, 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: Mayor Dailey asked the Board to consider the modifications listed: Modification No. 1.: Addition: M -1. RESOLUTION NO. 11,379 — Authorizing the purchase of print shop paper from Unisource, Little Rock, Arkansas in the amount of $127,022. Modification No. 2: Deferral: PRESENTATION: Junction Bridge Collaborative — Jim Schimmer. Deferred to September 24, 2002. Director Keck motioned, seconded by Vice Mayor Cazort to add Item M -1. to the Consent Agenda. By unanimous voice vote of the Board members present it was added. Presentations: The Arkansas Arts Symphony Orchestra made an informational and musical presentation. Director Kumpuris introduced Chuck Hathaway, Chancellor or UALR, who overviewed the University of Arkansas at Little Rock mission, vision, programs and community function, who is celebrating their 75th Anniversary. Mr. Bob Callans — Sister Cities Commission — Reported on the achievements, goals and challenges of the Sister City Commission. Mayor Dailey introduced the members of Boy Scout Troop 336, of Trinity United Methodist Church, and Troop Leader, Richard Bassett. Mayor Dailey asked for the reading of the Consent Agenda. 1. MOTION - To approve minutes from Regular Board of Directors Meetings: June 4, 2002, June 18, 2002, and June 26, 2002. 2. RESOLUTION NO. 11,375 - To authorize local government endorsement of Angel Fire Timeshares, LLC, located at 1400 W. Markham Street, Little Rock, Arkansas, to participate in the Advantage Arkansas program; and for other purposes. Minutes September 17, 2002 3. RESOLUTION NO. 11,376 - Authorizing the City Manager to enter into a contract with Smith Directional Boring, LLC, in the amount of $59,402.78 for construction at MacArthur Park. (Resolution forthcoming) 4. RESOLUTION NO. 11,377 - To authorize the City Manager to execute a policy extension for the existing insurance coverage for a one year period effective October 1, 2002. (Resolution forthcoming) M -1. RESOLUTION NO. 11,379 — Authorizing the purchase of print shop paper from Unisource, Little Rock, Arkansas in the amount of $127,022. The Consent Agenda consisted of Items 1 -4 and Item M -1. The Consent agenda was read. A motion was made by Director Adcock, seconded by Vice Mayor Cazort, by unanimous voice vote of the Board members present, the Consent Agenda was adopted. The Grouped Items consisted of Items 5 -10. Mayor Dailey announced he had no cards to indicate speakers either for or against the ordinances in Items 12 and 13, and opened the public hearing for Item 12. There was no one to speak in favor or oppose the ordinance; Mayor Dailey closed the public hearing. Mayor Dailey opened the public hearing for Item 13. There were no speakers either in favor or opposed to the ordinance, Mayor Dailey closed the public hearing. Mayor Dailey asked for Items 12 and 13 to be included in the Grouped Items. There were no objections from the Board members. 5. ORDINANCE —NO. 18,743 - Z -7266 - Reclassifying property located along the north side of Interstate 30 (within the 12900 Block) from R -2 to C -4 in the City of Little Rgck, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission: 10 yes, 0 no). Staff recommends approval. 6. ORDINANCE NO. 18,744 - Z- 4249 -D - Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled — Freeway Business Park Revised Long -Form POD located south of I -630, beginning approximately 0.1 miles east of Rodney Parham Road and extending east to Hughes Street in the City of Little Rock, Arkansas, amending Ordinance No. 18,312 and the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 9 yes, 0 no, I absent) Staff recommends approval. 7. ORDINANCE NO. 18,745 - To waive competitive bidding and to authorize the City manager to enter into a contract with William F. Hecker, Jr. AIA, of Birmingham, Alabama for an amount not to exceed $4,000 payable from the City's American's with Disabilities Account, for technical assistance regarding the City's 15 year Curb Ramp Construction Program; and for other purposes. 8. ORDINANCE NO. 18,746 - Condemning certain structures in the City of Little Rock as structural, fire and health hazards; providing for summary abatement procedures; directing the City Attorney to take such action as is necessary to raze and remove said structures; declaring an emergency; and for other purposes. 9. ORDINANCE NO. 18,747 - Granting a franchise agreement to owners and assigns of Boyle Building and M. M. Cohn Building to permit encroachments onto Main Street, Capitol Avenue, and the alley behind the Boyle Building. 10. ORDINANCE NO. 18,748 - Granting a franchise to AFCO Steel, Inc. for air rights above Thomas Street for the continued use, operation, maintenance and repair of two existing crane runways over Thomas Street. 12. PUBLIC HEARING AND ORDINANCE NO. 18,750 - For the abandonment of a 10 ft by 194 ft utility easement located along the rear (east) parameter of Lot 2R, University and "H" Street Addition. 13. PUBLIC HEARING AND ORDINANCE NO. 18,751 - On the abandonment of a 40 ft by 1,675 ft easement located along the south perimeter of Otter Creek Subdivision. Minutes September 17, 2002 The Grouped Items consisting of Items 5 -10- along with Items 12 and 13 were read the first time. The rules were suspended to provide for the second and third readings of the ordinances, by two thirds of the Board members present. The ordinances were read the second and third times. A motion was made by Vice Mayor Cazort to adopt the ordinances. Director Adcock seconded the motion and by unanimous voice vote of the Board members present, the ordinances were passed. 11. ORDINANCE NO. 18,749 - S -24 -ZZ - Granting a variance from various Lot Development Standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow a reduced platted front building line for Garrett Glenn Subdivision replat of Lots 61 and 62, located south of Westport Loop and north of Huntleigh Drive. (Planning Commission 6 yes, 4 no). Staff recommends approval. The ordinance was read the first time. The rules were suspended by two thirds for the Board members present to provide for the second and third reading of the ordinance. By unanimous voice vote of the Board members present, the ordinance was passed. 14. ORDINANCE Amending the Racial Cultural Diversity Commission appointment process. (Deferred To October 1, 2002) The ordinance was read the first time. 15. ORDINANCE NO. 18,752 - Establishing a schedule of sewer rates for the Little Rock Wastewater Utility, repealing Ordinance No. 18,232 (3- 21 -00), declaring an emergency, and for other purposes. (1s' Reading 8- 20 -02) (2 Id Reading 9 -3 -02) . Mr. Tom Carpenter, City Attorney stated that there had been some question from the sewer committee about making sure the dates for the effective date of the rates were consistent throughout the ordinance, and it is now consistent. Mr. Carpenter stated there would be a resolution or ordinance to follow up on Director Kumpuris' definition as to "unserved areas ". Mr. Reggie Corbit, Little Rock Waste Water Utility Manager, overviewed the rate proposal, including the court- ordered action. There was brief discussion regarding the unsewered areas. The ordinance was read the third time. Ms. Kathy Wells, President of the Little Rock Coalition of Neighborhoods, was opposed to the rate schedule as proposed, that there are questions that need to be answered. Ms. Janet Berry, President of Southwest Little Rock United for Progress, stated that their membership asks that the regional concept of the wastewater utilities not be pursued. Kathleen Oleson, League of Women Voters for Pulaski County, stated there needed to be policy set on growth, and urged a vote for Option B, because it saves the tax payer money in the long run. Ralph Desmarais, spoke against the rate proposal, saying the rate was not fair to all people, and it creates essentially two cities, a rich and a poor city. There was a lengthy discussion on the rates and rate options. Director Keck made a motion to move forward with the original recommendation, and not include the non - sewered areas, but direct staff to work with all opportunities for funding sources at the state and federal level, and come back to the Board within the next year to see what opportunists there might be other than a rate increase; this option saving the customer $2.00 a month per bill. Director Graves seconded the motion, but asked Mr. Carpenter's opinion of the federal mandate. Mr. Carpenter stated it was his understanding that it did not include the unnerved areas, but included the areas that were actually being served at the time of litigation. He said there is a part of the motion that is a concern, and that was the part of staff coming back with ideas. Director Keck stated he would clarify the motion, to say with the staff to work in conjunction with the Waste Water Utility to explore all alternative options, and to report back to the Waste Water Utility Commission and this Board, the pursuit of those findings. There was discussion regarding health concerns for those in unsewered areas, cost savings if other options were found to fund the unsewered areas, the possibility of using CDBG dollars and who would qualify, and possible grant programs. A roll call vote was taken on the motion and recorded as follows: Directors: Pugh, no, Hinton, no, Lichty, yes, Cazort, yes, Keck, yes, Stewart, no, Wyrick, no, Kumpuris, no, Graves, yes, Adcock, no, Mayor Dailey, no. The vote was recorded as 7 no, 4 yes. The motion failed. Mayor Dailey asked for a vote to establish the sewer rates for the Little Rock Wastewater Utility. A roll call vote was taken and recorded as follows: Director Pugh, yes, Hinton, yes, Lichty, yes, Cazort, yes, Keck, yes, Stewart, no, Wyrick, no, Kumpuris, yes, Graves, yes, Adcock, no, Mayor Dailey, yes. The vote was 3 no, 8 yes. The ordinance passed. A roll call vote was taken on the emergency clause and recorded as follows: Director Pugh, yes, Hinton, yes, Lichty, yes, Cazort, yes, Keck, yes, Stewart, 3 Minutes September 17, 2002 no, Wyrick, no, Kumpuris, yes, Graves, yes, Adcock, yes, Mayor Dailey, yes. The vote was recorded as 2 no, 9 yes. The emergency clause passed. Director Keck asked for a motion to reconsider the vote, saying he did not understand how the Board could vote to increase the rates above what the Wastewater Utility has proposed. There were no comments. Director Keck withdrew the motion. 16. ORDINANCE NO. 18,753 - To call for a Special Election in the City of Little Rock, Arkansas, on the question of whether to levy a one - quarter percent ($.0025) Municipal Gross Receipts and Compensating Use Tax within the City of Little Rock, Arkansas, pursuant to Arkansas Code Annotated 26 -75 -201 to be used for Public Safety related purposes; to prescribe other matters that pertain to the levy and the election; to declare an emergency; and for other purposes. (Sept. 3, 2002 - First Reading) Director Adcock made a motion to amend the Ordinance to include forty five percent of the funding for the Police Department, forty five percent of the funding to the Fire Department, and ten percent for Prevention and Intervention Treatment programs, rather than the thirty percent for the Police Department, sixty percent for the Fire Department, and ten percent for Prevention and Intervention Treatment programs. Director Hinton seconded the motion. Director Adcock stated she would withdraw the motion, until discussion had taken place; Director Hinton withdrew his second to the motion. Mr. Bruce Moore, Interim City Manager stated that Staff s recommendation is for the 60/30/10 Plan. Sixty percent for the Fire Department, thirty percent for the Police Department, and ten percent for the PIT programs. Director Keck asked Mr. Moore to review how the Fire Department has been staffed, and budget expenditures, and to compare that to what has been spent in the Police Department. Vice Mayor Cazort stated he had comparison sheets from both departments, from 1992 to 2002. He stated the Fire Department in 1992 had 352 Fire personnel, and in 2002, there are 396. The Police Department personnel in 1992 was 486, and in 2002, there are 739. The Fire Department budget of the past ten years has gone from $14.6 to $22 million, the Police Department budget has gone from $20 million in 1992 to $40 million in 2002. Civilian personnel in the Fire Department in 1992 was 3; in 2002, there are 5. In 1992 the Police Department had 97 civilians and in 2002 there are 148. Vice Mayor Cazort stated that the numbers indicate on a fairly consistent basis that there has been more money put toward increasing the budget lines in the Policed Department than in the Fire Department. Mr. Moore stated that was correct. He said the majority of the increases for the Police Department were part of the FUTURE Little Rock Commission. There was discussion regarding the possibility of a regional fire training facility, rising crime in the neighborhoods, no recruit schools, many retiring officers. Mr. Moore stated at this point there are twenty six vacancies in the Police Department and stated he has regular dialog with the Police Chief on when the next class will be held, and stated he and the Police Chief feels confident that the needs of the community will continue to be addressed from the public safety standpoint. Mr. Moore stated without a doubt, both departments could utilize a hundred percent of the quarter cent if it were available, but as the needs of the Fire Department are assessed for the past ten years to look at the department needs for the future. He recommended to move forward with the 60/30/10 percent split as proposed. Mr. Moore assured the Board that crime is being monitored on a regular basis and will be adjusted as needed. Mayor Dailey stated that legislative relief is being sought for the DROP retirements. Mr. Moore stated this was going to be a part of the Police Department's legislative package, and the city's Intergovernmental Affairs Coordinator, Mr. Odies Wilson, would be updating the Board next Tuesday, of the city's legislative package. Vice Mayor Cazort stated he failed to mention the comparison of the Police and Fire Departments in Capital expenditures, and stated that approximately $5.5 million had been spent in capital purchases for the Fire Department, and approximately $13.5 has been spent for Police Department purchases. Director Kumpuris stated the ten percent going into PIT is not for fire protection, but if it is done correctly, and experience hold true from the past, that PIT money will pay more dividends than having extra police on the streets, and stated he looks at this as police money. It helps the police, and that is what the program is for. Janelle Romandia, 2719 Harrison, stated the people wanted a 45/45 percent split of the funding. Robert Hooks, 2611 S. Jackson, stated that word on the street is if there is not a 45/45/10 split, the voters will not pass the tax. Kathleen Oleson, 3225 Kavanaugh Blvd. representing the League of Women Voters of Pulaski County, asked that the lock -in on the percentages be looked at, and asked that if it is passed, to change the language to reflect changes that may occur, and also provide a Minutes September 17, 2002 sunset clause and take it back to the voters at the end of the ten year period. Janet Berry, President of Southwest Little Rock United for progress, 8013 Mabelvale Cutoff, stated citizens at their meetings also wanted the 45145110 percent split, saying it would help the perception. Director Adcock made the motion to amend the ordinance to include the percentage split of 45% for Police, 45% for Fire, and 10% for PIT; Director Hinton seconded the motion. A roll call vote was taken and recorded as follows: Directors: Pugh, yes, Hinton, yes, Lichty, no, Cazort, no, Keck, no, Stewart, yes, Wyrick, no, Kumpuris, no, Graves, no, Adcock, yes, Mayor Dailey, no. The vote was 7 no, 4 yes. The motion failed. The ordinance was read the second time. Director Kumpuris asked Mr. Carpenter to comment on a sunset clause for the ordinance at the end of the ten -year period. Mr. Carpenter stated the way the ordinance is set up now it provides for the -.- percentages of 60 /30/10, and would remain at 60/30/10 unless the Board wished to change it, and it also adds the Regional Detention Faculty and Emergency Medical Services as public safety services that could be considered for funding. Mr. Moore stated that a majority of the dollars that would be allocated would be for personnel costs, and recommended for an operating tax against the sunset provision. Director Keck made a motion to suspend the rules and place the ordinance on third and final reading; Vice Mayor Cazort seconded the motion, and by two thirds vote of the Board members present, the rules were suspended and the ordinance was read the third time. A roll call vote was taken and recorded as follows: Director Pugh, no, Hinton, yes, Lichty, yes, Cazort, yes, Keck, yes, Stewart, no, Wyrick, no, Kumpuris, yes, Graves, yes, Adcock, no, Mayor Dailey, yes. The vote was 7 yes, 4 no. A roll call vote was taken on the emergency clause and recorded as follows: Directors: Pugh, no, Hinton, yes, Lichty, yes, Cazort, yes, Keck, yes, Stewart, no, Wyrick, no, Kumpuris, yes, Graves, yes, Adcock, no, Mayor Dailey, yes. The emergency clause did not pass. Another roll call vote was taken on the emergency clause. The vote was recorded as follows: Directors: Pugh, no, Hinton, yes, Lichty, yes, Cazort, yes, Keck, yes, Stewart, no, Wyrick no, Kumpuris, yes, Graves, yes, Adcock, no, Mayor Dailey, yes. The emergency clause failed. Mayor Dailey stated this was too of an important issue to walk out and not have placed before the public. He stated that he felt the majority of the Board had spoken, and were j unified in the idea of at least getting it before the public. Mayor Dailey stated that it was a sad statement that the Board would hold hostage something that is so critically needed when the city is running out of time in getting it on the ballot. There were questions asked about the transfer fee for waste collection going into the general fund, and if it t were included in the budget for the coming year. Director Lichty stated he was amazed that the Board was sitting here discussing this issue, that it had been voted on and passed, 1 it is history, and found it amazing that it would be used as leverage to force some kind of vote for a city tax the Board has approved to refer to the voters. He said the tax was not approved, but the approval for the right for the people in the city to vote on the tax.. He asked how anyone on the Board could be opposed to expediting that vote. He said the vote is being put at risk by not approving the emergency clause. Mr. Carpenter explained (. , that the ordinance is valid, but would not take effect until thirty days unless it has an l emergency clause. The referendum period of thirty days does not begin to run until after 6 the effective date has been reached. Vice Mayor Cazort requested that the passed ordinance be submitted to the Election Commission with the request that it be put on the November ballot. Director Pugh made a motion to reconsider her vote on the emergency clause; seconded by Vice Mayor Cazort. A roll call vote was taken and recorded as follows: Directors: Pugh, yes, Hinton, yes, Lichty, yes, Cazort, yes, Keck, yes, Stewart, no, Wyrick, no, Kumpuris, yes, Graves, yes, Adcock no, Mayor Dailey yes. The motion to reconsider passed. A motion was made by Vice Mayor Cazort to call the question on the emergency clause, seconded by Director Keck. A roll call vote was taken and recorded as follows: Directors: Pugh, yes, Hinton, yes, Lichty, yes, Cazort, yes, Keck, yes, Stewart, no, Wyrick, no, Kumpuris, yes, Graves, yes, Adcock no, Mayor Dailey yes. The vote was 8 yes, 3 no. The emergency clause passed. Mayor Dailey asked voters to consider the issue of public safety, not the percentage of the split; and asked to voters to vote for public safety. 17. REPORT — City Manager's Activity Report. Mr. Moore asked Mr. Guy Lowes to give an update on how the citywide waste collection effort was progressing. Mr. Lowes 5 Minutes September 17, 2002 announced that there were several areas where they had additional trucks during the first weeks, the calls have dropped off, and things are looking good, the citizens are happy, the trucks are doing well, and have gotten several compliments on the service provided. Mr. Lowes said at this point, additional trucks would continue to be available as long as there is the need for them. Several Board members stated they had received compliments from their wards on the trash pickup. 18. RESOLUTION NO. 11,378 — To make appointment to the Little Rock Planning Commission. Director Keck made a motion to go into executive session to consider Planning Commission appointment. Director Adcock seconded the motion, and by unanimous voice vote the Board went into executive session at 8:00 PM. The Board reconvened at 8:25 PM; and Mayor Dailey called the meeting to order. Mr. Bruce Moore, Interim City Manger, announced the nomination to the Planning Commission was Mr. Gary Langlais. Director Adcock made the motion to accept the nomination and make the appointment of Mr. Langlais to the Planning Commission; Vice Mayor Cazort seconded the motion, and by a majority voice vote of the Board members present; the appointment was made. Director Keck abstained, saying he was not opposed to Mr. Langlais, but felt these positions needed to be advertisd, and the process should be followed. Director Wyrick stated she also abstained for the same reason. Citizens Communications: Speaker: Gus Riddles, 15 Labette Ct. Topic: Twin Lakes B Commissioners Mr. Riddles stated their present commissioners are secretive about what they do with the Improvement District funds, and the way they run the community. He said when they ask questions of their commissioners, they are met with arrogance and hostility. Some of the neighborhood issues were; Thirty percent of their recreational area is deemed unusable because the area is overflowing with grass three and four feet high, in July the neighborhood requested receipts and other documents pertaining to expenses related to the Improvement District under the Freedom of Information Act. He said to this date they have received no response. He stated that the property owners of Twin Lakes B request that these commissioners be removed immediately. In addition to this request, a audit should be performed before any new commissioners are appointed. He said for a term limit of not more than three years for the office of the Improvement District Commissioners. Mayor Dailey asked Mr. Carpenter and Mr. Moore to take a look at this issue and see what options the Board has to either make recommendations to deal with commissioners being replaced and or help assist in the issues being raised. Mr. Carpenter stated that the City Attorney's office has been involved to some extent, and has made contact with counsel for this particular improvement district. Mr. Carpenter stated what the Board can do is somewhat limited by statute. Mr. Carpenter stated their office suggested the FOI request because the neighborhood representatives were having problems getting information. Mr. Carpenter stated he had a document in his office that documents the FOI request. He said he had spoken with counsel who stated they could look at records for the district but said that some of the records being sought were not in their possession. Mr. Carpenter stated that these are records such as bank statements, checks, which should exist. Vice Mayor Cazort stated he was certain that the Board has the authority to remove a commissioner from an improvement district on certain grounds. Mr. Carpenter stated those grounds would be malfeasance, misfeasance, or nonfeasance. Vice Mayor Cazort asked what constitutes sufficient proof of any of those grounds. Mr. Carpenter stated he did not want to make that statement at this point. Vice Mayor Cazort asked if it were incumbent on the Board to bring this issue up. Mr. Carpenter stated he needed to look at the records because he was concerned about a prompt compliance with the FOI, which carries ramifications. He stated that once that is in place his office would look and see what the records show. Mr. Carpenter stated someone was going to have to answer to him as to why they did not comply with a legitimate FOI request. Mr. Carpenter stated there are casebooks full of very responsible public servants who have said I didn't think I had to do that, so they didn't, and ended up in trouble. Mr. Carpenter stated that someone within the district would petition the Board for the removal, and the Board would look at the cause question. Mr. Riddles stated they did petitions to have the commissioners removed. He stated he had them with him tonight to present to the City Clerk. He stated there are three hundred and ten homes in Twin Lakes B and they have on Minutes September 17, 2002 two hundred signatures on the petitions. Mayor Dailey asked Mr. Carpenter if the City Clerk's office was the proper place to deposit these records, and Mr. Carpenter answered it was. Mr. Riddles presented the petitions to the Assistant City Clerk. Mr. Carpenter stated he felt the best thing to do was accept the petitions, and his office would ask for additional records and ask certain questions as to why they aren't complying with FOI, and would make a report back to the Board of Directors. Mr. Riddles stated that in regard to the information they requested from the commissioners under the FOI, the Commissioners sent them back two quotes, no facts or figures. Mayor Dailey asked Mr. Riddles to provide that information to Mr. Carpenter. Speaker: Don Darnell, 7007 E. Wakefield Topic: Summit on Race and World Fest - Mr. Darnell stated this would be the first National Summit on Race, and then follow up with World Fest, which is the diversity aspect of the program. Speaker: Mollie Irwin, 5070 Deerbrook Road. Topic: Traffic light at Henderson Middle School. Vice Mayor Cazort asked to start having discussions on how, if the tax passes, to disperse the money from the tax initiative. Director Keck made the motion to adjourn; Vice Mayor Cazort seconded the motion, and by unanimous voice vote of the Board members present, the meeting was adjourned at 10:20 PM. Note: Director Wyrick asked Mr. Carpenter how she would go about changing her vote on the sewer rate issue. Mr. Carpenter stated since the meeting was now adjourned, she would have to bring it up at the next meeting, and correct the record. ATTEST: APPROVED: City�Clerk Mato 7