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02-24-04Minutes Little Rock Board of Directors Meeting February 24, 2004 4 P BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham February 24, 2004 4:00 PM The Board of Directors of the City of Little Rock, Arkansas met in a reconvened session from February 17, 2004, with Mayor Dailey Presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Director Pugh, Keck, Vice Mayor Hinton, Kumpuris, Graves, Adcock, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey. The purpose of the reconvened meeting was to consider the following ordinance: Mayor Dailey recused; turning the meeting over to Vice Mayor Hinton. Vice mayor Hinton called for the first reading of the ordinance. 1. ORDINANCE NO. 19,057 - An Ordinance to Repeal Little Rock, AR., Ordinance No. 18,456 (April 3, 2001); to inform the Planning Commission of this action as it considers a request to extend the time for the Summit Mall- Revised PCD, (Z- 4923 -A); and for other purposes. The ordinance was read the first time. Director Adcock made a motion, seconded by Director Keck to place the ordinance on second reading, by unanimous voice vote of the Board members present, the rules were suspended and the ordinance was read the second time. A motion was by Director Adcock, seconded by Director Keck, to suspend the rules and place the ordinance on third and final reading, by unanimous voice vote of the Board members present, the rules were suspended to provide for the third reading. Mr. Jim Lynch was present to speak in favor of the ordinance. Mr. Lynch stated he was making his remarks today as a member of the Committee for an Accountable Future, a committee of citizen groups, put together with friends and allies collected 21,000 signatures in twenty -one days in April of 2001 to set the city in the right direction and steer it away from the Summit Mall. He stated that never before have thousands of signatures been collected so rapidly. He believed the reason for this is that many citizens realized at the time of the Planning Decision made in support of the Summit Mall were so obviously flawed that only direct action could set things right. He stated this group believed that only direct action could set things right. The danger was primarily the fact that little or no consideration was given to the impact of constructing a one million square foot mega mall on the rest of Little Rock's retail industry and on the city's neighborhoods. The developer at that time would not say what his plans were for the mall that he already owned on University. The corporate retailer would not say what his plans were for the anchor stores that he owned on University Avenue. No competent studies were made detailing the impact on property values, jobs, small businesses, and services in mid -town Little Rock. The single credible agency that did analyze the mall Minutes Little Rock Board of Directors Meeting February 24, 2004 4 P proposal, The Urban Land Institute, said the project would devastate Park Plaza and other retailers on University Avenue. Unfortunately this information was made public seventy two hours after the Board approved the zoning. Great timing if you're the developer, but bad timing for sound city planning. To compound this mistake, the City Manager, four months later, introduced a proposal to create a tax increment financing district that would swipe millions of dollars from our public schools and channel this money into a fund to pay for Summit Malls streets and traffic. This episode was a low point for city planning in Little Rock, moving tax money away from our children and toward a project benefiting the Simon Property Brothers. Citizens who activated themselves in the petition campaign have every reason to be proud of themselves. They have won. The mall developer has decided not to build in Little Rock because they know the citizens will reject the Summit Mall in a referendum. Mr. Lynch gave congratulations to the petitioners and others on the committee who have seen their hard work pay off. The Sierra Club, the Little Rock New Party, The Downtown neighborhood Association, The Hillcrest Residence Association, ACORN, the Walnut Valley Homeowners Associations, and Women Actions for a New Direction. Mr. Lynch urged the Board to vote for the revocation of the Summit mall zoning. Director Keck stated he thought there was a point of clarification that needed to be made in regard to tax increment financing. He stated that there were several proposals that were made and there was a specific resolution passed by this Board that no tax dollars were going to be spent to construct the infrastructure necessary to support Summit Mall at that sight. Director Keck thought it was ridiculous for someone to come forward and make such a comment to fan the flames of emotion associated with this issue by some people. He thought it was important to realize that because this project is not going forward, other projects are moving forward and while there will not be a one million square foot mall in one place there will be two or other three other larger developments dispersed throughout the city that in some total be grander than what would be proposed for Summit Mall. He said he thought it was good that other developers still want to work in the city, and thought it was a sad day that the city was not able to come to some agreement and find a way to work with Simon or for them to find a way to work with the city. He stated he wanted to set the record straight, as the obvious facts had been misrepresented tonight in this issue. Mr. Carpenter explained that the ordinance notes that the Summit Mall Revised PCD Ordinance, which was passed in April 2001, has been through litigation, that the Pulaski Circuit Court has ordered an election in sixty days if the Board doesn't take action sooner to repeal this ordinance. Based upon that fact, the Board would be taking the legislative action to repeal this ordinance at tonight's meeting. Mr. Carpenter explained that the second section of the ordinance notes that notice will be given to the Planning Commission because the Summit Mall or Simon Properties had requested an extension of the Summit Mall ordinance. He stated his office had received a letter with today's date that stated they were withdrawing that request, but the ordinance had already been written so that paragraph would not be stricken. He stated the Planning Commission would be the ones to act upon this. He stated the Planning Commission would get the letter and the ordinance. Mr. Carpenter stated what this should do is moot any need for an election because all an election would be about is whether to approve the ordinance as it was ` Minutes Little Rock Board of Directors Meeting February 24, 2004 4PM _.. passed in 2001, or overturn the ordinance that was passed in 2001. A vote for the ordinance is to repeal the Summit Mall PCD. Director Stewart congratulated the citizens and petitioners for standing up and fighting for their community and neighborhoods. The ordinance was read the third time. By unanimous voice vote of the Board members present, the ordinance passed. Vice Mayor Hinton asked if there was an emergency clause to be voted upon. Ms. Nancy Wood, City Clerk, advised there was an emergency clause in the ordinance, but was not reflected in the title of the ordinance. Director Cazort made a motion to amend the ordinance to include the emergency clause in the title. Director Adcock seconded the motion, and by unanimous voice vote the title was amended to reflect the change. By unanimous voice vote of the Board members present, the emergency clause was adopted. A motion was made by Director Cazort, seconded by Director Kumpuris to adjourn. By unanimous voice vote of the Board members present the meeting was adjourned. ATTEST: N cy r City Cler APPROVED: Dailey V ayor