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HomeMy WebLinkAbout01-08-08Little Rock Board of Directors Meeting — Minutes - January 8, 2008 MINUTES BOARD OF DIRECTORS MEETING January 8, 2008 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mark Stodola presiding. Nancy Wood, City Clerk, called the roll with the following Directors present: Richardson, Cazort, Keck, Wright, Wyrick, Kumpuris, Adcock, Vice Mayor Hurst, and Mayor Stodola. Directors Hendrix and Fortson were absent. Director Cazort gave the invocation, which was followed by the Pledge of Allegiance. CONSENT AGENDA (Items 1— 9) 1. MOTION - To approve minutes of the Reconvened Meeting of December 11, 2007. 2. MOTION - S- 1520 -A — To set the date of public hearing for February 5, 2008, on an appeal to rescind the Planning Commission's action in denying a variance request from the Subdivision Ordinance for the Royal Oaks Subdivision Revised Preliminary Plat. Planning Commission: 2 ayes, 9 nays. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a revision to a previously approved preliminary plat to allow the placement of sidewalks at the back of the curb for the Royal Oaks Subdivision. 3. MOTION - Z -8258 — To set the date of public hearing for February 5, 2008, on an appeal of the Planning Commission's recommendation of denial for a rezoning request for this site from R- 2, Single - Family to PCD to allow the construction of a skate center on the property. Planning Commission: 0 ayes, 11 nays. Staff recommends approval. Synopsis: An appeal of the Planning Commission's recommendation of denial for a rezoning request for this site from R -2, Single - Family to PCD to allow the construction of a skate center on the property. 4. MOTION - LU07- 14 -01- To set the date of public hearing for February 5, 2008, to amend the Land Use Plan (16,222) in the East Geyer Springs Planning District from Mixed Office Commercial to Commercial; and for other purposes. Planning Commission: 0 ayes, 11 nays. Staff recommends denial. Synopsis: Land Use Plan Amendments in the East Geyer Springs Planning District from Mixed Office Commercial to Commercial for future development. 5. RESOLUTION 12,630 - To set the date of public hearing for February 5, 2008, on a petition for the formation of City of Little Rock Multipurpose Improvement District Number 2007- 305 (Longleaf Subdivision Project). 6. RESOLUTION 12,631 - G -25 -197 - To change the name of Pinnacle Drive to Pinnacle Point. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: All residents of properties abutting Pinnacle Drive are requesting that the name of the street be changed to Pinnacle Point. 1 Little Rock Board of Directors Meeting — Minutes - January 8, 2008 7. RESOLUTION 12,632 - To authorize the City Manager to enter into a contract with B. R. McGinty Mechanical and W. W. Gay Mechanical Contractor, Inc., to supply plumbers for plumbing repairs in situations when City Staff is unable to respond to situations in a timely manner. Synopsis: Authorizes the City Manager to enter into a contract with B. R. McGinty Mechanical and W. W. Gay Mechanical Contractors, Inc., to supply plumbers to perform overflow plumbing repairs on an hourly basis when City Plumbing Staff can't respond in a timely manner. This contract is for one (1) year and may be extended for four (4) additional, one (1) year periods of time. 8. RESOLUTION 12,633 - To authorize the City Manager to enter into a contract with the Department of Human Services, Office of Alcohol and Substance Abuse Treatment Services; and for other purposes. Staff recommends approval. Synopsis: Enter into a contract with the Department of Human Services, Office of Alcohol and Drug Abuse Prevention for adult residential substance abuse prevention services. 9. RESOLUTION 12,634 - To authorize the City Manager to apply for general improvement funds for park development; and for other purposes. Staff recommends approval. Synopsis: Funding is available from the 86th Session Arkansas Legislature's General Improvement Fund. The Consent Agenda was read. Director Adcock, seconded by Director Keck, made a motion to adopt the consent agenda. By unanimous voice vote of the Board members present, the Consent Agenda (Items 1 -9) was adopted. Directors Hendrix and Fortson were absent. Director Keck, seconded by Director Adcock, made a motion to consider Item 11 immediately following Citizens Communications. By unanimous voice vote of the Board members present, item (Item 11) was moved to be heard after the Citizens Communication was complete.. Directors Hendrix and Fortson were absent. CITIZENS COMMUNICATIONS Speaker: Nita Moser, President AFSME Topic: Asked the Board to consider adding a third party arbitrator to the contract of the Non - Uniform, Union - Eligible City employees. She also asked that wage increases for some of the lower paid employees be given a higher priority in the budgeting process. Speaker: Barbara Casanova, President of AFGE Local 2054 Topic: Asked the Board to support the requests of the City's AFSME chapter. Speaker: Ralph Griggs, Vice - President of Local Chapter of National Association of Letter Carriers Topic: Expressed support for the City's AFSME members and binding arbitration. Gave a brief overview of how it affects the Letter Carrier Association. 2 Little Rock Board of Directors Meeting — Minutes - January 8, 2008 CITIZENS COMMUNICATIONS (cont) Speaker: Larry Kelley, President of Local 1113 of IUEWCA Topic: Expressed support for the City's AFSME members and binding arbitration. He also extended an invitation, on behalf of Central Arkansas Labor Council, to participate in the Martin Luther King Marade on January 21. Speaker: Gordon Brehm, Treasurer of Arkansas Interfaith Committee for Worker Justice Topic: Expressed support for City's AFSME members and binding arbitration and gave a brief overview of how arbitration works in their system dating back to 1967. Speaker: Herman Bryant, President of the A. Phillip Randolph Institute (Pulaski County Chapter) and a retired member of the United Steel Workers of America Local 4880 Topic: Gave a history of the A. Phillip Randolph Institute. He expressed his support for the City's AFSME members. Speaker: Jim Nickels, Representing the City's Local AFSME Chapter Topic: Gave a brief overview of the negotiations between AFSME and the City and asked the Board for fairness in wages and pension plans, and third party arbitration. A lengthy discussion ensued regarding the AFSME issues. Mayor Stodola asked Tom Carpenter, City Attorney and Bruce Moore, City Manager, to address the AFSME issues. Mr. Carpenter reported some of the legal aspects regarding the State mandated pension amounts. Mr. Moore highlighted the current appeal process in place for the non - uniform, union eligible employees. The Board asked the City Manager questions about the fairness of the current system, the cost of adding arbitration, and the advantages and disadvantages of adding the third party arbitration system. The suggestion was made regarding the possibility of the Civil Service Commission becoming the third party. Speaker: Ojima Robinson (Ward 1), Representing "We Care Citizens for Progress" Topic: Expressed their lack of support for proposed City Income Tax proposed by Director Hendrix. The Mayor opened the public hearing for Item 11. PUBLIC HEARINGS (Item 11) 11. PUBLIC HEARING & ORDINANCE 19,901 - To establish and lay off the City of Little Rock Multipurpose Improvement District No. 2007 -304 — Parkway Neighborhood Association Project; and for other purposes. Mark Spradley, attorney representing the improvement district, gave an overview of the project, which is intended to improve the recreational facilities in the area. He also gave a brief history of the process by which the item came before the Board. He passed out a packet to the Board with additional information. He answered questions as to how the commissioners were selected and identified who would be serving as commissioners by name. 3 Little Rock Board of Directors Meeting — Minutes - January 8, 2008 The Mayor asked Bill Mann, Deputy City Attorney, standing in for Tom Carpenter, City Attorney, to explain the City's obligations in regard to the formation of the improvement district. Mr. Mann informed them that City Board was obligated to pass the ordinance unless there was some dispute in regard to meeting the necessary requirements for forming the district. Mr. Mann also indicated that in order to dispute the formation a party would have to produce evidence that the requirements were not met. Questions arose as to when notices were delivered to the surrounding property owners and when the notice was published in the newspaper. The question was also raised as to how many people lived in the district and how many of those people had signed the petition. It was clarified that the required 51% was based on the assessed valuation of the property; not by the number of people who lived in the area. Those present to speak in opposition of the formation of the improvement district (Item 11) were: James Frost, Robert Lott, Neita Nattin, Donna Cook, Dan Krebbs, Francis St. Germaine, Shawn Whitney, Inci Dersu, George Gray Major, Tim Irby, Richard Weber, John Adney, and Enos Jones. The major areas of concern were validity of the petition, how signatures were obtained and under what pretext, paying of taxes for a facility that they would not use, lack of information, and lack of proper notice. Some residents indicated that they had their own pools. Other residents indicated that they never saw the petition just blank lines and others indicated that they had never received any correspondence other than a letter they received on the Friday preceding the meeting. The consensus of the group was for the Board not to vote for the item and to offer them any information for recourse on the action if it received a favorable vote. Per Mayor Stodola's request for citizens who felt as if they had signed the petition under false pretense's, Chris Signa appeared before the Board and indicated that he had signed a form with lines only and did not believe that the explanation given to him that day was what was being presented before the Board today. The Board recessed the meeting at 8:00 PM for a fifteen (15) minute break. The meeting was called back to order and the Mayor opened the floor for those in favor of forming the improvement district. Those present to speak in favor of the formation of the improvement district were Sally Burrup, Lenice Garrison (former President for Parkway Place Neighborhood Association), Vivian Davis, and Shannon Wilson. All four (4) who spoke in favor of the project stated that it was what the majority wanted and that it would improve the affected area. Each had acted as a canvasser for the petition and spoke to the process by which signatures were attained. Ms. Garrison and Ms. Davis gave a brief history on their intricate involvement with the process. They believed that proper notification had been given, the petition was valid, and that signatures had been legally obtained. Director Cazort indicated that he understood all of the issues on both sides of the matter, but at this point no one had been able to produce proper evidence of wrongdoing by way of the process. He, seconded by Director Richardson, made a motion to close the public hearing. 0 Little Rock Board of Directors Meeting — Minutes - January 8, 2008 Before the public hearing was closed Mayor Stodola read the names into record of those who were present in favor of the ordinance, but did not speak. Those citizens present were: Michael Begay, Tim Kenny, Perry Carr, Eddie Schmeckenbecher, Ron Workman, Gerald R. Garrison, Chris Lelande, Lloyd Davis, Louis Ford, Jim McMains, Anne McMains, Jeanette St. John, and James St. John. By unanimous voice vote of the Board members present the public hearing was closed. The ordinance was read the first time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors Wyrick, Keck, Kumpuris, Adcock, Richardson, Cazort, and Vice Mayor Hurst voted yes. Director Wright voted no. The ordinance (Item 11) was passed. Directors Hendrix and Fortson were absent. PLANNING & DEVELOPMENT (Item 10) 10. ORDINANCE 19,900 - To repeal the Little Rock Arkansas Revised Code 2 -301 to 310 (1988) that created the initial Land Bank and Residential Housing Facilities Board; to declare an emergency; and for other purposes. The ordinance was read the first time. Director Adcock, seconded by Director Keck, made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board members present the ordinance (Item 10) and the emergency clause was passed. Directors Hendrix and Fortson were absent. Mayor Stodola announced that an ordinance regarding the formation of the Land Bank Commission would come before the Board at their next meeting. PUBLIC HEARINGS (Item 11) 11. PUBLIC HEARING & ORDINANCE 19,901 - To establish and lay off the City of Little Rock Multipurpose Improvement District No. 2007 -304 — Parkway Neighborhood Association Project; and for other purposes. 5 Little Rock Board of Directors Meeting — Minutes - January 8, 2008 OTHER BUSINESS (Items 12 —15) 12. ORDINANCE 19,902 - To amend 2- 330.12 — 2- 330.14 of the City of Little Rock Arkansas Code, regarding the composition, powers and duties of the Little Rock Commission on Children, Youth and Families; and for other purposes. Staff recommends approval. 13. ORDINANCE 19,903 - To acknowledge the results of an election held pursuant to Little Rock, Ark., Ordinance No. 19, 830 (October 2, 2007) to increase the millage rates for ad valorem property tax to help fund on -going maintenance and operation expenses for the City's public libraries operated by Central Arkansas Library System; to amend Little Rock, Ark., Ordinance No. 19,854 (November 6, 2007) to ratify the appropriate millage rate for the Central Arkansas Library; to declare an emergency; and for other purposes. Items 12 and 13 were read the first time. Director Adcock, seconded by Director Keck, made a motion to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock, seconded by Director Keck, made a motion to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the third time. By unanimous voice vote of the Board members present the ordinances (Items 12 and 13) were passed. An emergency clause was passed for Item 13. Directors Hendrix and Fortson were absent. 14. REPORT - City of Little Rock Financial Report (November 2007) — Sara Lenehan, Interim Finance Director. 15. REPORT - City of Little Rock Board & Commission Updates. Director Adcock gave an update on the Land Bank and Animal Services initiatives. Director Cazort, seconded by Vice Mayor Hurst, made a motion to adjourn the meeting. By unanimous voice vote of the Board members present, the meeting was adjourned at 8:55 P.M. ATTEST: APPROVED: any Wood 'CMC Mark Stodola City Clerk Mayor rel /�F