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HomeMy WebLinkAbout10-16-07Little Rock Board of Directors Regular Meeting — Minutes — October 16, 2007 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham October 16, 2007 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Stodola presiding. City Clerk, Nancy Wood, called the roll with the following Directors present: Hendrix, Keck, Wright, Adcock, Wyrick, Vice Mayor Hurst and Mayor Stodola. Directors Richardson, Cazort, and Kumpuris were absent. Director Keck gave the invocation followed by the Pledge of Allegiance. Mayor Stodola asked for Item M -1 to be added to the consent agenda, to add the two additional presentations, Boo at the Zoo, and Friends of the Carousel, and to defer Items 11, 12, 13, 14, 18, 20, and add Item 10 back to the agenda with the grouped items. A motion was made by Director Adcock to make the listed modifications, Director Keck seconded the motion and by unanimous voice vote of the Board members present, the motion carried. MODIFICATIONS: M -1. RESOLUTION 12,586 - To authorize the acceptance of 0.12 acres of property from Heifer Project International to be used for Construction of an extension to 3rd Street; and for other purposes. Staff recommends approval. Synopsis: Authorizing the acceptance of 0.12 acres of land by quitclaim deed from Heifer Project International to the City for construction of an extension to 3r Street for $10.00. 10. ORDINANCE 19,837 - Notation: This item was deferred on Friday (October 12, 2007, but is now to be considered on October 16, 2007 as originally scheduled). - Authorizing the issuance of industrial development revenue bonds under the Municipal Counties Industrial Development Revenue Bond Law for the purpose of securing and developing industry (Welspun Tubular LLC); authorizing the sale of the bonds and the approval of a bond purchase agreement; authorizing the execution and delivery of a second supplemental trust indenture securing the bonds; authorizing and prescribing certain matters pertaining to the industrial project, the acquisition, construction, and equipping thereof, and financing thereof, authorizing the execution and delivery of a second amendment to lease agreement relating to the project; prescribing other matters relating thereto; and declaring an emergency. (Welspun Series C - $39,000,000) Staff recommends approval. DEFERRALS 11. ORDINANCE - Defer to November 6, 2007 - To levy franchise fees to be paid for the year 2008 by all carriers providing local access telephone service; provide for the payment thereof; and for other purposes. Staff recommends approval. Synopsis: Approval of an ordinance levying a franchise fee to be paid by all carriers providing local access telephone service during 2008. 1 s' Little Rock Board of Directors Regular Meeting — Minutes — October 16, 2007 12. ORDINANCE - Defer to November 6, 2007 - To fix and impose the aggregate amount of fees and charges to be paid to the City of Little Rock, Arkansas, by Entergy Corporation and the method of payment thereof beginning in 2008; and to amend Section 9 of Ordinance No. 11,683; and for other purposes. Staff recommends approval. Synopsis: Approval of an ordinance levying a franchise fee to be paid by Entergy Corporation during 2008. 13. ORDINANCE - Defer to November 6, 2007 - To amend in part Ordinance No. 11,366 to provide for levying a franchise fee to be paid by Centerpoint Energy Arkla Gas for the year 2008; to provide for the payment thereof, and for other purposes. Staff recommends approval. Synopsis: Approval of an ordinance levying a franchise fee to be paid by CenterPoint Energy Arkla during 2008. 14. ORDINANCE - Defer to November 6, 2007 - To fix and impose the amount of fees and charges to be paid to the City of Little Rock, Arkansas, by all companies that provide interstate or intrastate long distance telecommunication service, and all business incidental to or connected with the conducting of such telephone business in the City of Little Rock, Arkansas; amending Section 3 or Ordinance No. 15,706, and for other purposes. Staff recommends approval. Synopsis: Approval of an ordinance levying franchise fees for companies providing long distance telephone service in Little Rock, Arkansas, for 2008. 18. ORDINANCE - Defer to November 6, 2007 - To amend Little Rock, Arkansas Ordinance No. 19,657 (December 19, 2006), to adjust the Fiscal Year 2007 Budget Ordinance to note expenditure adjustments for rollover of encumbrances, street costs, property tax revenues, personnel costs, personnel savings, capital expenditures, and other adjustments; to declare an emergency; and for other purposes. Synopsis: Adjustments need to be made to the Fiscal Year 2007 Budget to adjust for known changes. 20. ORDINANCE - Defer to November 6, 2007 - To adopt a provision that allows industry members of the Little Rock Advertising and Promotion Commission to compete for business with the Commission or with its operating arm, The Little Rock Convention and Visitors Bureau; to declare an emergency; and for other purposes. Synopsis: The ordinance delineates the special circumstances under which members of the Little Rock Advertising and Promotions Commission would be permitted to do business with the Commission. PRESENTATION: Strengthening Families — Children Youth and Families Commission Domestic Violence Awareness Month — Director Adcock read a Proclamation to proclaim October, 2008 as Domestic Violence Month. Museum of Discovery Update — Nan Selz Friends of the Carousel - David Martinous Boo at the Zoo — Mike Blakely 2 Little Rock Board of Directors Regular Meeting — Minutes — October 16, 2007 The Consent Agenda consisted of Items 1 -8 and Item M -1. 1. MOTION - To approve minutes of the City of Little Rock Board of Directors Meeting of July 10, 2007, and August 6, 2007. 2. MOTION - Z -8248 - To set the date of public hearing for November 6, 2007, on an appeal of the Planning Commission's action in the denial of a Conditional Use Permit to allow a multi - sectional manufactured home at 4310 Garrison Road. Planning commission: 4 ayes, 4 nays, 2 absent, 1 open position. Staff recommends approval. Synopsis: The applicants are appealing the Planning Commission's denial of a Conditional Use Permit to allow a multi- sectional manufactured home at 4310 Garrison Road on the R -2 zoned property. 3. RESOLUTION 12,587 - To authorize the City Manager to enter into a contract with Scott Equipment Company for the purchase of one (1) track mounted portable screening plant in the amount of $204,000. Staff' recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with Scott Equipment Company for the purchase of one (1) track mounted portable screening plant in the amount of $204,000. 4. RESOLUTION 12,588 - To authorize the City Manager to enter into a contract with Glover's Truck Parts and Equipment for the purchase of one (1) roll -off truck in the amount of $116,166. Staff recommends approval. Synopsis: To authorize the City Manager to enter into a contract with Glover's Truck Parts and Equipment for the purchase of one (1) roll -off truck in the amount of $116,166. 5. RESOLUTION 12,589 - Appointing Assessors for Riverdale Levee Improvement District No. 134 of Little Rock, Arkansas. Synopsis: Donna Huckabee, Alan C. King, and Laura Spradley, being electors in the City, are nominated to be appointed as assessors to constitute a board of assessment to review the benefits to be received by each lot, block, or soothe subdivision of land within Riverdale Levee District No. 134 of Little Rock, Arkansas, by reason of the plan of improvements proposed by the District's Board of Commissioners. 6. RESOLUTION 12,590 - To authorize the City Manager to enter into a contract with Altec Industries for the purchase of one (1) - 55 -foot aerial truck in the amount of $135,880. Staff recommends approval. Synopsis: Funds or this purchase are allocated from the Public Works 2007 Short Term Financing Account. 7. RESOLUTION 12,591 - Authorizing the City Manager to enter into a contract with Ward's Asbestos Removal, Inc., for asbestos abatement and demolition of seven (7) residential properties within the City of Little Rock, Arkansas. Staff recommends approval. Synopsis: Seven (7) residential structures in dilapidated and /or burned condition causing a negative environmental impact on the residential neighborhoods in which they are located. 3 Little Rock Board of Directors Regular Meeting — Minutes — October 16, 2007 8. RESOLUTION 12,592 - To award the Banking Services Contract for 2007 and 2009 to Metropolitan National Bank; and for other purposes for the calendar years 2008 and 2009 with the option to extend the banking services contract through December 31, 2011. Synopsis: To award the Banking Services Contract for 2007 and 2009 to Metropolitan National Bank for the calendar years 2008 and 2009 with the option to extend the banking services contract through December 31, 2011. The Consent Agenda (Items 1 -8 and Item M -1) was read. Director Adcock made a motion, seconded by Director Keck, for adoption of the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was adopted. The grouped items consisted of Items 9, 10 and 15. 9. ORDINANCE 19,838 - Authorizing the issuance of industrial development revenue bonds under the Municipal Counties Industrial Development Revenue Bond Law for the purpose of securing and developing industry (Welspun Tubular LLC); authorizing the sale of the bonds and the approval of a bond purchase agreement; authorizing the execution and delivery of a first supplemental trust indenture securing the bonds; authorizing and prescribing certain matters pertaining to the industrial project, the acquisition, construction, and equipping thereof, and financing thereof, authorizing the execution and delivery of a first amendment to lease agreement relating to the project; prescribing other matters relating thereto; and declaring an emergency. (Welspun Series B - $50,000,000) Staff recommends approval. 10. ORDINANCE 19,837 - See Modifications - Authorizing the issuance of industrial development revenue bonds under the Municipal Counties Industrial Development Revenue Bond Law for the purpose of securing and developing industry (Welspun Tubular LLC); authorizing the sale of the bonds and the approval of a bond purchase agreement; authorizing the execution and delivery of a second supplemental trust indenture securing the bonds; authorizing and prescribing certain matters pertaining to the industrial project, the acquisition, construction, and equipping thereof, and financing thereof; authorizing the execution and delivery of a second amendment to lease agreement relating to the project; prescribing other matters relating thereto; and declaring an emergency. (Welspun Series C - $39,000,000) Staff recommends approval. Jane Dickey, Rose Law Firm, gave a brief overview of the project and what positive impacts it would have on the economy of the City. She introduced the management team - Rajesh Chokhani, Assistant Vice President, and Mr. Larry Watson, Chief Financial Officer, of Welspun Tubular LLC, who stated they were very pleased to be locating here, and that progress was being made at a rapid pace on the project. 11. ORDINANCE - Deferred to Nov. 6, 2007 - To levy franchise fees to be paid for the year 2008 by all carriers providing local access telephone service; provide for the payment thereof, and for other purposes. Staff recommends approval. Synopsis: Approval of an ordinance levying a franchise fee to be paid by all carriers providing local access telephone service during 2008. 0 Little Rock Board of Directors Regular Meeting — Minutes — October 16, 2007 12. ORDINANCE - Deferred to Nov. 6, 2007 - To fix and impose the aggregate amount of fees and charges to be paid to the City of Little Rock, Arkansas, by Entergy Corporation and the method of payment thereof beginning in 2008; and to amend Section 9 of Ordinance No. 11,683; and for other purposes. Staff recommends approval. Synopsis: Approval of an ordinance levying a franchise fee to be paid by Entergy Corporation during 2008. 13. ORDINANCE - Deferred to Nov. 6, 2007 - To amend in part Ordinance No. 11,366 to provide for levying a franchise fee to be paid by Centerpoint Energy Arkla Gas for the year 2008; to provide for the payment thereof; and for other purposes. Staff recommends approval. Synopsis: Approval of an ordinance levying a franchise fee to be paid by CenterPoint Energy Arkla during 2008. 14. ORDINANCE - Deferred to Nov. 6, 2007 - To fix and impose the amount of fees and charges to be paid to the City of Little Rock, Arkansas, by all companies that provide interstate or intrastate long distance telecommunication service, and all business incidental to or connected with the conducting of such telephone business in the City of Little Rock, Arkansas; amending Section 3 or Ordinance No. 15,706, and for other purposes. Staff recommends approval. Synopsis: Approval of an ordinance levying franchise fees for companies providing long distance telephone service in Little Rock, Arkansas, for 2008. 5. ORDINANCE 19,839 - To amend Chapter 17, Article II of the Little Rock Code, 1988, to add and modify certain business classifications to the schedule of business license fees; and for other purposes. Staff recommends approval. Synopsis: The proposed ordinance adds or modifies three (3) classifications and language of one section. Items 9, 10, and 15 were read the first time. Director Adcock, seconded by Director Keck, made the motion to suspend the rules and place the ordinances on second reading, by unanimous voice vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock made the motion, seconded by Vice Mayor Hurst, to suspend the rules and place the ordinances on third reading, by unanimous voice vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinances were read the third time. By unanimous voice vote of the Board Members present, the ordinances (Items 9, 10, and 15) were passed. The emergency clauses were passed for Items 9 and 10 by unanimous voice vote of the Board members present. 16. PUBLIC HEARING & RESOLUTION 12,593 - Approving the issuance by the City of Little Rock, Arkansas Residential Housing and Public Facilities Board of not to exceed $2,000,000 in aggregate principal amount of revenue bonds for Arkansas Repertory Theatre; affirming the existence of the Public Facilities Board; and for other purposes. Staff recommends approval. Synopsis: The Arkansas Repertory Theatre has proposed the issuance of up to $2,000,000 in revenue bonds by the City of Little Rock, Arkansas, Residential Housing and public facilities Board for the purpose of financing capital improvement facilities, for the use by the Arkansas Repertory Theatre and its nonprofit purposes. 5 Little Rock Board of Directors Regular Meeting — Minutes — October 16, 2007 17. PUBLIC HEARING & RESOLUTION 12,594 - Z -8225 — To rescind the Planning Commission's action in approving a Special Use Permit to allow a day care family home at 6724 Carolina Drive. Planning Commission: 6 ayes, 3 nays, I absent, I open position. Staff recommends approval of the Special Use Permit. Synopsis: John B. Honea is 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 6724 Carolina Drive. The resolution was read. Mayor Stodola opened the public hearing. John Honea and Pat Gee spoke in opposition to the Planning Commission's decision to approve the home day care and issue a Special Use Permit. Their opposition included issues such as safety issues that would result from the increased traffic; also school buses travel this route during the times the applicant would have drop -offs and pickups. The applicant, Ms. Hubbard, only has three places for parking. Others would have to park in the street, thereby causing more traffic safety issues. They also contended that there was a Bill of Assurance for this neighborhood that clearly stated this was a residential neighborhood, and supported only residential uses. The asked the Board to honor the neighborhoods Bill of Assurance and overturn the Planning Commission's vote that approved the Special Use Permit. Ruth Bell, League of Women Voters of Pulaski County, spoke in support of the Special Use Permit for the day care family home saying that the League felt it was important for people to have options as far as day care, and that the family home day cares can provide a safe environment. She added that the applicant had met the state and city codes and felt she should be allowed the permit. Ms. Hubbard, the applicant, stated that the children's parents do not pick up and drop -off the children at the same time. Ms. Hubbard said she was asking for the permit so she could keep ten children. Her hours of operation are from 6:00 AM to 5:00 PM, and half of the kids she would be keeping are there only for after school care. She said she did not believe this would cause any additional traffic problems. There was some discussion on the importance of the City recognizing and considering neighborhoods Bill of Assurance when applications are made for any home business in primarily residential neighborhoods. Mayor Stodola closed the public hearing. A roll call vote was taken and recorded as follows: Directors Wright, Wyrick, Fortson, Adcock, Vice Mayor Hurst, and Mayor Stodola voted yes; Directors Keck and Hendrix voted no. Directors Kumpuris, Richardson and Cazort were absent. The resolution was adopted. 18. ORDINANCE - Deferred to Nov. 6, 2007 - To amend Little Rock, Arkansas Ordinance No. 19,657 (December 19, 2006), to adjust the Fiscal Year 2007 Budget Ordinance to note expenditure adjustments for rollover of encumbrances, street costs, property tax revenues, personnel costs, personnel savings, capital expenditures, and other adjustments; to declare an emergency; and for other purposes. Synopsis: Adjustments need to be made to the Fiscal Year 2007 Budget to adjust for known changes. 19. RESOLUTION 12,595 - To authorize a contract with QualChoice to provide health care insurance for City employees for the year 2008; and for other purposes. Synopsis: QualChoice, a local provider of health care insurance, has submitted a proposal regarding employee health care benefits for 2008 which result in minor changes to the plan design and zero increase in premium rates from the current plan. C Little Rock Board of Directors Regular Meeting — Minutes — October 16, 2007 The resolution was read. There was discussion regarding the renewal options for the next two years, out of state network coverage, coverage for employees who might be under an out of network provider once the contract goes into effect at the first of the year. Performance standards and penalties, and education of employees were also discussed. Mr. Moore, City Manager, stated the Human Resources Department would hold educational sessions for the employees as had been done in the past. He stated that he and the representative of QualChoice would collaborate on the performance standards, penalties, and an appeals process. QualChoice was asked to guarantee; and they were in agreement that they would not raise rates during the year 2008. They also stated that there would be a ninety day period of time for an employee to change from an out of network (one who is currently in the current providers network but not in the QualChoice network) to a network physician, if it was determined that they were under that physicians care at the time of change, and if the care was of the nature that it would require the employee to stay under that physicians care for a certain amount of time. QualChoice would treat this time of care as a network claim. Director Keck recused due to possible employment conflicts. Director Adcock made a motion, seconded by Vice Mayor Hurst, to adopt the resolution. By unanimous voice vote of the Board Members present the resolution was adopted. Directors Richardson, Cazort and Kumpuris were absent. 20. ORDINANCE - Deferred to Nov. 6, 2007 - To adopt a provision that allows industry members of the Little Rock Advertising and Promotion Commission to compete for business with the Commission or with its operating arm, The Little Rock Convention and Visitors Bureau; to declare an emergency; and for other purposes. Synopsis: The ordinance delineates the special circumstances under which members of the Little Rock Advertising and Promotions Commission would be permitted to do business with the Commission. 21. DISCUSSION - A resolution to authorize the City Attorney to take legal action against Pulaski County, Arkansas, and any necessary County Officials to require that they accept all prisoners presented for incarceration at the Pulaski County Regional Detention Facility unless, and until, a court of competent jurisdiction has declared it unconstitutional to do so; and for other purposes. The Mayor updated the Board on discussion he has had with the County authorities. He stated that the Quorum Court would be meeting this evening, and the Sheriff was scheduled to make a presentation to them to ask for funding for additional beds at the jail in his budget, but ultimately it was up to them to decide what departments would receive appropriations and how much. He said he had not received any updates regarding their Budget Meeting. Mayor Stodola stated he had spoken to Debra Buckner the County Collector, and indications were that revenues were up, but a lot of departments all wanted pieces of the revenue. 22. REPORTS - Boards and Commissions Updates - Little Rock Board of Directors 7 Little Rock Board of Directors Regular Meeting — Minutes — October 16, 2007 Director Fortson reported that the Little Rock Airport Commission on Tuesday granted a seven - year lease extension to HMSHost, the concessionaire, for a nearly $2.3 million upgrade on concession facilities. The airport is expected to reap an additional $160,000 in annual revenue, up from the $844,000 per year it currently produces. 23. REPORT - City of Little Rock Financial Report — Bob Biles 24. EXECUTIVE SESSION & RESOLUTION - Deferred to Oct 30, 2007 - To appoint members to the City of Little Rock Planning Commission. (October 16, 2007) Mayor Stodola asked if anyone had any objection to deferring the Planning Commission appointments to November 6, 2007. There were no objections. CITIZENS COMMUNICATIONS Speakers: Robert Pruitt, John Saugey, Abe Bishara, Carolyn Stephens, Sedrick Mays, Granville Broadway, Ramesh Mody and J. P. Lipscomb Topic: Asher Avenue Police Sub - Station. Issues were that there is not enough police presence in the Asher /Colonel Glenn area for people to feel safe. There is a lot of traffic, racing cars, and a lot of noise generated in this area. This has become an entertainment district, and a lot of people come into this area during late night/ early morning hours; especially when there are big events in town. They are seeing a lot of business coming into the area and they want people to be safe and feel safe when frequenting the clubs and eateries and other places of business in the area. They felt they should be getting as much protection as the River Market area. They felt a police sub - station in the area would be a preventive measure to crime in the area. Some of the business owners said that they spend a lot of dollars for private security and felt a lot more could be done as far as having more police presence in this area, and not just when they were working an accident or giving someone a ticket. Bruce Moore, City Manager, recognized the area as an entertainment district, and felt that this area was on the police radar. He said he would meet with Chief Thomas to address their issues and would report back to them on what is being done, and what is planned for the area. Mayor Stodola urged all the speakers and all citizens of Little Rock, to contact their quorum court members and put some pressure on them for more funding for the jail. He said a lot of the crime is done by people who are arrested and then released, and if there was enough jail space to hold them, then crime rates could be reduced. Little Rock Board of Directors Regular Meeting — Minutes — October 16, 2007 City Manager Moore asked the Board if they would consider recessing this meeting and doing the Planning Commission appointments at a reconvened meeting on October 30, 2007. He said that Tony Bozynski, Planning Director, had reminded him that there would be a Planning Commission Meeting on November 8th and that making the appointments on October 30th, would give the new commissioners time for an orientation before their first meeting. There was no objection from the Board in recessing the meeting. A motion was made by Director Adcock, seconded by Director Fortson, to recess the meeting to October 30, 2007, for the purpose of making the appointments to the Planning Commission. By unanimous voice vote of the Board members present, the meeting was adjourned at 8:45 PM ATTEST: ncy Wo , CMC i Clerk APPROVED: Mark Stodola Mayor C