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HomeMy WebLinkAbout09-02-03Little Rock Board of Directors Meeting September 2, 2003 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham September 2, 2003 • 11��1 The Board of Directors of the City of Little Rock, Arkansas met in regular session with Vice Mayor Hinton Presiding. City Clerk, Nancy Wood, with the following Directors Present, called the roll: Pugh, Stewart, Adcock, Graves, Hurst, Wyrick, Kumpuris, Cazort, Vice Mayor Hinton and Mayor Dailey. Directors Adcock and Kumpuris were not present a roll call, but enrolled at 6:05 PM. 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: Mayor Dailey asked the Board to consider the modification listed: ADDITIONS: PRESENTATION: Tobacco Settlement Grant — State Representative, Joyce Elliott M -1. RESOLUTION NO. 11,580 - To support entry into a Memorandum of Understanding with Pulaski County, Arkansas, to cooperate on emergencies and disasters, and for other purposes. Synopsis: The resolution approves the Memorandum of Understanding supporting a Mutual Aid Agreement with Pulaski County. DEFERRALS: 23. ORDINANCE To allow participants of the City of Little Rock Police Pension Fund Deferred Retirement Option Plan (DROP) to remain employed as police officers in accordance with state law. Staff recommends approval. (Item deferred from August 19, 2003). Ordinance forthcoming. Deferred 24. ORDINANCE To amend Chapter 34 of the City of Little Rock Transportation Code of the Revised Code (1988); and for other purposes. Deferred 25. ORDINANCE To amend Chapter 36 -5 of the Code of Ordinances of the City of Little Rock providing for an interpretation setting standards for accessory buildings and for other purposes. Staff recommends approval. (Deferred from August 19, 2003). Deferred Director Cazort, seconded by Director Adcock, made a motion to make the listed - modifications to the agenda. By unanimous voice vote of the Board members present, the modifications were made as presented. PRESENTATIONS: Tobacco Settlement Grant — State Representative, Joyce Elliott Representative Elliott presented the City with a check for $68,345.29 from the Tobacco Settlement Fund, to help in the effort to stamp out smoking, and becoming a healthier city. Little Rock Board of Directors Meeting September 2, 2003 Mayor Dailey introduced Boy Scout Troop 99. CONSENT AGENDA (1 -12) 1. MOTION - To approve minutes from regular Board of Directors Meetings: July 1, 2003, and July 17, 2003. 2. RESOLUTION NO. 11,581 - To set the date of public hearing for September 16, 2003 on the petition to abandon a Sanitary Sewer Easement located in Block 11, Ferndale Addition. Staff recommends approval. Synopsis: Jones Street, LLC is requesting that a sanitary sewer easement located in Block 11, Ferndale Addition, on the north an east sides of 710 Jones Street, be abandoned. 3. RESOLUTION NO. 11,582 - Authorizing the City Manager to enter into a contract with CAM, LLC for application of Asphalt Rejuvenating Product on designated city streets. 4. RESOLUTION NO. 11,583 - To authorize a contract between the City of Little Rock and the Little Rock Sanitary Sewer Committee to allow the encroachment of certain improvements within a sanitary sewer easement located on lands situated in the City of Little Rock, Pulaski County, Arkansas, owned by the City of Little Rock and leased to the William J Clinton Presidential Foundation in the area specifically known as the "Clinton Presidential Park" and also authorizing the Mayor of the City of Little Rock to execute the contract and all other documents in connection therewith; and for other purposes. 5. RESOLUTION NO. 11,584 - To set the date of public hearing for September 16, 2003 on a petition for a revocation of the existing PDO zoning at 4807 Ballinger Road; and for other purposes. Staff recommends approval. Synopsis: The applicant requests that the existing PDO zoning be revoked and the property revert to its original R -2 zoning. 6. RESOLUTION NO. 11,585 - To authorize the City Manager to enter into a contract with Genesis Environmental Consultants to provide plans and specifications for Class I, Cell 2 closure. Staff recommends approval. 7. RESOLUTION NO. 11,586 - To appoint Crews & Associates, Morgan Keegan and Stephens, Inc. as joint bond underwriters for the proposed issuance of Little Rock Arkansas Capital Improvement Bonds, Series 2004; (The Bonds); and providing for other matters in connection with the issuance of bonds. Staff recommends approval. 8. RESOLUTION NO. 11,587 - To authorize the City Manager to enter into a contract with North Point Ford for the purchase of two (2) 7 Cubic Yard Single Axle Dump Trucks in the amount of $103,625. Staff recommends approval. Synopsis: Eight bids were received for Bid Number 03256. North Point Ford is the lowest responsible bidder meeting minimum specifications at $103,625. 9 RESOLUTION NO. 11,588 - Setting the date of Public Hearing for September 16, 2003 on the petition to form the Taylor Loop Municipal Multi- purpose Property Owners' Improvement District No. 19 of Little Rock, Arkansas. 10. RESOLUTION NO. 11,589 - Extending the Interlocal Agreement between the City of Little Rock, Arkansas and the City of Sheridan, Arkansas, granting the Little Rock Ambulance Authority ( "LRAA ") B /B /A Metropolitan Emergency Medical Services ( "MEMS ") an exclusive franchise to provide ambulance services to the City of Sheridan, Arkansas; and for other purposes. Synopsis: The existing interlocal agreements for MEMS ambulance service between Little Rock and Grant County and the City of Sheridan expired 7/31/03. These agreements are working well, and the Little Rock Ambulance Authority recommends that the Board of Directors take action to extend such service by formal resolution. 2 Little Rock Board of Directors Meeting September 2, 2003 11. RESOLUTION NO. 11,590 - Extending the Interlocal Agreement between the City of little Rock, Arkansas and Grant County, Arkansas, granting the Little Rock Ambulance Authority ( "LRAA ") B/B /A Metropolitan Emergency Medical Services ( "MEMS ") an exclusive franchise to provide ambulance services to the City of Sheridan, Arkansas; and for other purposes. Synopsis: The existing interlocal agreements for MEMS ambulance service between Little Rock and Grant County and the City of Sheridan expired 7/31/03. These agreements are working well, and the Little Rock Ambulance Authority recommends that the Board of Directors take action to extend such service by formal resolution. 12. RESOLUTION NO. 11,591 - Authorizing the City Manager to enter into a contract with Tri State Floors, Inc. in the amount of $97,858 for new gym floor installation at War Memorial Fitness Center. Staff recommends approval. The Consent Agenda, consisting of Items 1 -12 and Item M -1, was read. A motion was made by Director Adcock, seconded by Director Cazort for the adoption of the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. CITIZENS COMMUNICATIONS Speaker: Paul Kelley Topic: PIT Programs and the 2004 Budget Speaker: Carol Fuller Topic: Thanks for street light at Henderson Middle School and Barrow Road Speaker: Mollie Irvin Topic: Thanks for street light at Henderson Middle School and Barrow Road Speaker: Tiffany Noid Topic: Housing assistance for low income families Speaker: Doris Wright Topic: Proposals for 2003 Tax Proposal Speaker: Robert Say McIntosh Topic: Cleaning Up the City/ Juvenile Crime Speaker: Rev. Delton Jones Topic: Housing assistance for low income families GROUPED ITEMS: ITEMS 13 -15 13. ORDINANCE NO. 18,926 - Z -7432 — approving a planned Zoning Development and establishing a Planned Commercial District titled the Houston Electric Company Short — Form PDC located at 1904 West 3rd Street, in the City of Little Rock, Pulaski County, Arkansas, amending the Official Zoning map of the City of Little Rock, and for other purposes. Planning Commission: I 1 yes, 0 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone a single lot form R -3 to PDC to allow an existing parking lot, which serves Houston Electric Company to become a conforming use 14. ORDINANCE NO. 18,927 - S -1392 — 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 the lots to develop without public street frontage for Pinnacle Ridge Estates Subdivision — Preliminary Plat located 300 feet north of Barrett Road on Old Arkansas Drive, Pulaski County, Arkansas. Planning Commission: 11 yes, Ono, 0 absent. Staff recommends approval. Little Rock Board of Directors Meeting September 2, 2003 Synopsis: The applicant is requesting variances from the Subdivision Ordinance to allow the lots to develop without public street frontage. 15. ORDINANCE NO. 18,928 - Amending Chapter 6 of Little Rock, Arkansas Revised Code (1988) entitled "Animals," by adding an exception to the prohibition against swine within the City limits. Staff recommends approval. Mayor Dailey announced he had not received any speaker cards for citizens to speak in favor or in opposition to Items 16, 17, and 19. He asked the Board to consider adding the three items to the Grouped Items, after the public hearings were opened and closed. There were no objections to making this modification. - -- 16. PUBLIC HEARING & ORDINANCE NO. 18,929 - To vacate and abandon a portion of the underdeveloped sixty -foot wide Chenal Valley Drive Right -of Way to be incorporated into future development, in the City of Little Rock, Arkansas, and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. (Deferred from August 19, 2003). Synopsis: The abutting property owner, Deltic Timber Corporation is requesting to abandon the undeveloped 60 -foot wide Chenal Valley Drive Right -of -Way to be incorporated into a future multi - family development. Mayor Dailey opened the public hearing. Mayor Dailey presented the ordinance. There were no citizens present who withed to speak in favor or in opposition to the ordinance. Mayor Dailey closed the public hearing. 17. PUBLIC HEARING &ORDINANCE NO. 18,930 - To vacate and abandon a portion of the sixty -foot wide Bishop Street Right -of -Way located between West 7th Street and I -630, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, Ono, 2 absent. Staff recommends approval. (Deferred from August 19, 2003). Synopsis: The abutting property owner, State of Arkansas, requests to abandon that portion of the 60 -foot wide Bishop Street Right -of -Way located between West 7th Street and I -630. Mayor Dailey opened the public hearing. Mayor Dailey presented the ordinance. There were no citizens present who withed to speak in favor or in opposition to the ordinance. Mayor Dailey closed the public hearing. 19. PUBLIC HEARING & ORDINANCE NO. 18,931 - To abandon Public Right -of- Way located in Block 6 of Union Depot Addition. Planning Commission: 11 yes, 0 no, 0 absent. Staff recommends approval. Mayor Dailey opened the public hearing. Mayor Dailey presented the ordinance. There were no citizens present who withed to speak in favor or in opposition to the ordinance. Mayor Dailey closed the public hearing. 20. ORDINANCE NO. 18,932 - Condemning a certain structure in the City of Little Rock as structural, fire and health hazard; providing for summary abatement procedures; directing the City Attorney to take such action as is necessary to raze and remove said structure; declaring an emergency; and for other purposes. Staff recommends approval. I" reading held on August 19, 2003. Synopsis: One burned multi - family residential structure is causing negative environmental impact on the residential neighborhood in which it is located. The ordinance was read the second time. Director Adcock seconded by Director Cazort to suspend the rules and place the ordinance on third reading. The Grouped Items consisting of Items 13, 14, 14, 16, 17, and 19. The ordinances were read the first time. A motion was made by Director Adcock, seconded by Director Cazort to suspended the rules and place the ordinances on second reading. Mayor Dailey asked the City Clerk to include Item 20 in the second reading. By two - thirds vote of the Board members present, being two - thirds in number, the rules were suspended to provide for the second reading of the ordinances. Director Adcock, seconded by Director Cazort, J made a motion to suspend the rules and place the ordinances on third and final reading. Directors Pugh, Hurst, Cazort, Stewart, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton and Mayor Dailey voted to suspend the rules; Director Keck voted no. Some of the Board members had received a letter from Mr. Hatch, the owner, asking for more time. The ordinances were read the third time. Director Kumpuris asked Mr. Tony Bozynski, Director of Housing and Neighborhood Programs, to briefly overview the ordinance. Mr. Bozynski stated this structure is a nuisance to the neighborhood. He stated it had caught on fire in March of 2001; there had been no attempt by the owner to do anything to the property. The owner has obtained no permits. No action has taken M Little Rock Board of Directors Meeting September 2, 2003 place for over two years. He stated that Mr. Hatch has been in court, and in fact there is a current warrant for failure to appear the last time. He stated that staff feels he has had more than enough time to address this issue, and felt the appropriate action was for the Board to pass the ordinance to condemn the structure. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinances and the emergency clause in item 20, (Items 13,14,15,16, 17, 19, and 20) were passed. 18. PUBLIC HEARING & RESOLUTION NO. 11,592 - To rescind the Planning Commission's decision to grant a Special Use Permit to allow a day care family home on the R -2 zoned property at #2 Cherry Valley Drive. Planning Commission: 7 yes, 2 no, 2 absent. Staff recommends denial of the Resolution, approval of the Special Use Permit. Synopsis: Mr. And Ms. Mark McGehee and Jan Taylor are appealing the Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property at #2 Cherry Valley Drive. Mayor Dailey declared the public hearing open. Mr. Jim Lawson, Planning Director, stated this was an application for a special use permit, and was recommended by staff. He said the Planning Commission approved it. He stated the business has been in operation in this location since 1999, and no complaints had ever been received on the applicant. Mr. Lawson stated a letter from Walnut Valley Home Owners had been received which stated they were not opposed to the business. The applicant, Ms. Ruthie Clayton, stated she had been in business since 1999, and had no complaints form her neighbors or homeowners association. She stated she did not know why Mr. & Ms. McGehee, were opposed to the permit. She said they had never been in contact with her to let her know there was a problem. Ms. Clayton stated she had done what was required of her to do. She stated she had obtained signatures from her neighbors, and stated that she understood that Ms. Jan Taylor who was also opposed to the permit, did not live in Walnut Valley any longer. Ms. Clayton stated she felt she was being pulled into something that was going on somewhere else, and did not understand why. Ms. Clayton was asked how many children she kept in her home and how many children she had of her own. Ms. Clayton stated she keeps five children, and has three teenage children of her own. She said she is licensed to care for ten kids. Director Cazort asked Mr. Lawson if Ms. Clayton would have to apply for a special use permit for an in -home daycare if she was licensed to keep less than six children. Mr. Lawson stated it was less than five, but that if she kept five or less children she would not have to have the special permit. Mr. Lawson stated she was here tonight because the State gave her a license for less than ten, even though she does not keep ten children. Mr. Lawson told the Board that Ms. Clayton had indicated that she might keep more than five. Mr. Mark McGehee, and Ms. Jan Taylor and Mr. Bob Price, spoke in opposition to the special use permit citing issues such as the city's acknowledgement of the neighborhood's bill of assurance, excess traffic at drop -off and pickup times, safety of the children being picked up, the zoning, the issue of letting this type of businesses in the neighborhoods, and failed attempts to improve the special use permit process, the need to improve the process. Mayor Dailey asked the City Attorney if the item would require a motion to rescind the action of the Planning Commission. Mr. Carpenter stated that would be correct. Mayor Dailey clarified this by saying that if there is no motion, and then the Planning Commission's action would stand. Ms. Shelly McGehee asked the Board to take a vote on this item, whether it is for or against. She said when they were at the meeting to appeal Immanuel Baptist Church form being built, there was no second to the motion, and they were unclear what was happening. Director Keck stated there are issues allowed when Special Permits are issued, and the applicant has not been a good neighbor, and asked Mr. Moore to have staff look at how to provide an avenue of recourse after a special permit is issued. Director Adcock made a motion to rescind the Planning Commission's decision in granting a Special Use permit to the applicant. Director Keck seconded the motion. A roll call vote was taken and recorded as follows; Director Pugh, Cazort, Keck, Wyrick, Adcock, Mayor Dailey voted in favor of rescinding. Director Hurst, Stewart, Kumpuris, Graves, Vice Mayor Hinton voted to uphold the planning Commission's decision. The vote was 6 in favor, and 5 opposed. The resolution was adopted. 21. RESOLUTION NO. 11,593 - Authorizing the Mayor and City Clerk to grant a Right -of -Way easement for the purpose of constructing a sewer line over a portion of certain land owned by the City of Little Rock, Arkansas, located between 24th and 26`h Streets and west of Monroe Street in the City of Little Rock, Arkansas. The resolution was read. Director Adcock asked Mr. Corbit how many of the unsewered areas had been Little Rock Board of Directors Meeting September 2, 2003 served, or what the status is on them. Mr. Corbit stated they had finished the one on Walker Street, and the rest are pending. A bond issue has been applied for and would take approximately 11 to 12 months to process through the bond and loan fund. By unanimous voice vote of the Board members present, the resolution was adopted. 22. PUBLIC HEARING &RESOLUTION - To approve the proposed uses of 2004 CDBG, HOME and ESG Funding; Mr. Mr. Tony Bozynski, Director of Housing and Neighborhood Programs gave a brief overview of the proposed resolution. He stated once this is approved staff can develop what is called the annual plan that spells out the use of these federal funds that are then submitted to HUD for the allocation of the money. He said once the annual plan is completed there would be public notice and then would come back to the Board for another resolution authorizing the submittal to HUD for next years funding. He stated this process started with a general public hearing. There were approximately 1100 notices sent to interested parties for that meeting, along with some ads in the newspaper, sighs were posted at the Alert Centers, and notice was given to the neighborhood associations. A second meeting was held to elect ward representatives for the Consolidated Planning Committee, and then the same process was used for this notification, and then a third meeting is held in the neighborhoods. In addition to the Consolidated Planning Committee there is a Committee on Community Development and Housing Needs, an advisory group. That group met prior to the citizen's participation process. They have in the past, established parameters for the planning process in terms of what percentage should be set aside for infrastructure improvements, housing type items. Mr. Bozynski stated that this year something different happened in that the Community Housing and Development Needs Committee established specific dollar amounts of how the CDBG Funds should be used. He stated that information was submitted to the Consolidated Planning Committee. The Consolidated Planning Committee took that information along with the information form the neighborhoods and they made their decision and their dollar amounts are a little different than what the Community Development Housing Needs proposed. There was a lengthy discussion on the difference in the recommended appropriations. There were several speakers present to speak on the differences. The speakers were Doris Wright, Annie Abrams, Troy Laha, Reverend William Robinson, and Steven Bradley. Mayor Dailey asked that the two committees meet and try and work out the differences and come back to the Board with possibly a compromise or an agreement. A motion was made by Director Stewart, seconded by Director Kumpuris, to hold another meeting and come back to the Board on September 9, 2003. A roll call vote was taken and recorded as follows: Director Pugh, Cazort, Keck, Stewart, Kumpuris, Vice Mayor Hinton and Mayor Dailey voted yes, Directors Hurst, Wyrick, Graves, Adcock voted no. The motion carried. Mr. Bruce Moore, City Manager, stated that the Board would reconvene on September 9, 2003 in order to meet the federal regulations. Item was held until 9 -9 -03. 23. ORDINANCE NO. - To allow participants of the City of Little Rock Police Pension Fund Deferred Retirement Option Plan (DROP) to remain employed as police officers in accordance with state law. Staff recommends approval. (Item deferred from August 19, 2003). Item was deferred to September 16, 2003. 24. ORDINANCE NO. - To amend Chapter 34 of the City of Little Rock Transportation Code of the Revised Code (1988); and for other purposes. Ordinance forthcoming. Item was deferred to September 16, 2003. 25. ORDINANCE NO. - To amend Chapter 36 -5 of the Code of Ordinances of the City of Little Rock providing for an interpretation setting standards for accessory buildings and for other purposes. Staff recommends approval. (Deferred from August 19, 2003). Ordinance forthcoming. Item was deferred to September 16, 2003. 26. REPORT - Little Rock Board of Directors — No report 27. REPORT - City Manager's Activity Report. — No report. A motion was made by Director Keck, seconded by Director Cazort to recess the meeting to September 9, 2003. By unanimous voice vote of the Board members present, the meeting was recessed. Col Little Rock Board of Directors Meeting September 2, 2003 ATTEST: CIT CLE , NANCY WOOD APPROVED: 0on urtil