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02-20-01zs Minutes Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas February 20, 2001 6:OOP.M The Board of Directors of the City of Little Rock, February 20, 2001, regular meeting, with Mayor Dailey presiding. City Clerk Nancy Wood called the roll with the following Directors present: Directors: Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Graves, Adcock and Kumpuris.10 present. The invocation was given by Director Lichty, followed by the Pledge of Allegiance. The meeting was recorded as follows: The modifications to the agenda consisted of the following: Addition: M -1. RESOLUTION NO. 11,015 - Authorizing the Mayor and City Clerk to execute a deed of 24.78 acres to Deltic Timber Corporation; and for other purposes. Deferrals: 12. RESOLUTION - Authorizing and directing the Mayor and City Clerk to execute a 30 -year extension to a lease agreement dated June 11, 1959 between the City of Little Rock, Arkansas and the East Roosevelt Shopping Center LLC, assignees of prior lessee East 26th Street Development Corporation, making certain amendments thereto, and for other purposes. (Defer to March 6, 200.1) 16. ORDINANCE - Z- 4213 -E — Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled Bowman Plaza — Revised POD located at the northwest corner of Colonel Glenn and Bowman Roads, in the City of Little Rock, Arkansas amending Ordinance No. 17,974 and Chapter 36 of the Code of Ordinances of the City of Little Rock; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. (Deferred from February 6, 2001.) (Defer to April 3, 2001.) 17. ORDINANCE - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Boundary Street Improvements for Bowman Plaza POD located on the north side of Colonel Glen and West Bowman Road. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. (Deferred from February 6, 2001) (Defer to April 3, 2001.) Modification: 15. RESOLUTION NO 11,013 - Authorizing the City Manager to enter into a contract with Sterling Trucks of Arkansas, Inc. for the purchase of two Rear Load Refuse Trucks in the amount of $188,292 for the Public Works Department. Mayor Dailey asked if Item 25 could be added to the consent agenda, after the presentation by Fire Chief Johnston. Director Adcock made the motion to add the modifications, additions and deferrals to the agenda. Director Wyrick seconded the motion. Director Keck made the motion to group Items 29 and 30, after the Public Hearings are opened and closed, since there were no cards presented to speak in favor or opposition to the items. By voice vote of the board members present, the modifications were noted. Mayor Dailey declared the Public Hearings open for items 29 and 30. There was no opposition, and the Mayor declared the Public Hearings closed. 27 Chief Phil Johnston of the Little Rock Fire Department, made a brief presentation on the purchase of 19.87 acres for the Fire Training School. He stated this would be a long- term project, which would result in the establishment of a Fire Department facility that would serve the citizens of Little Rock for an excess of fifty years. He stated that initially they would use the land to conduct exterior training activities. He stated the building would become the Administrative Headquarters for Administration, Training, and the Fire Marshal's Office functions. 1. MOTION - To approve minutes of reconvened meeting: January 30, 2001. 2. MOTION - To set the date of public hearing on March 6, 2001, for an Appeal of the Planning Commission's approval of a Conditional Use Permit for the City of Faith Prison Ministries, located at 1401 S. Garfield Street, in the City of Little Rock, Arkansas. 3. RESOLUTION NO. 11,001 - Authorizing the City Manager to enter into a contract with Brooks Brother Collision Center and HC Fleet Truck Service for paint and body repair services. 4. RESOLUTION NO. 11,002 - Authorizing the Mayor and City Clerk to execute documents for the sale of a portion of right -of -way of Vimy Ridge Road for easement to Southwestern Bell Telephone Company. 5. RESOLUTION NO. 11,003 - Authorizing the City Manager to grant an easement to Reliant Energy for a gas utility along the edge of Gillam Park and Interstate 440. 6. RESOLUTION NO. 11,004 - Authorizing the Mayor and City Clerk to execute documents for the sale of a portion of city owned property on Arkansas River for flowage easement to Corps of Engineers. 7. RESOLUTION NO. 11,005 - Providing for the installation of fire hydrants within the City of Little Rock for the year 2001 and for other purposes. 8. RESOLUTION NO. 11,006 - To set the date of Public Hearing for March 6, 2001, on an ordinance accepting the annexation of 27.54 acres, south of Hwy 10 adjacent to the Chenal Valley (Abderdeen) Subdivision. (Property owned by the Bible Church of Little Rock). 9. RESOLUTION NO. 11,007 - To authorize the City Manager to enter into a contract with Otha and Mary Jackson as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. 10. RESOLUTION NO. 11,008 - To amend Little Rock Resolution No. 10,660 (10 -5- 99) to authorize the expenditure of additional funds by the Central Arkansas Transportation Authority ( "CATA ") for additional transportation coordination services; and for other purposes. 11. RESOLUTION NO. 11,009 - Authorizing the execution of a five -year extension of the Interlocal Agreement between the Cities of Little Rock and North Little Rock, Arkansas to allow Metropolitan Emergency Medical Services ( "MEMS ") to continue to provide emergency medical services and non - emergency routine transports in North Little Rock pursuant to an exclusive franchise; and for other purposes. 12. RESOLUTION - Authorizing and directing the Mayor and City Clerk to execute a 30 year extension to a lease agreement dated June 11, 1959 between the City of Little Rock, Arkansas and the East Roosevelt Shopping Center LLC, assignees of prior lessee East 261h Street Development Corporation, making certain amendments thereto, and for other purposes. (Deferred to March 6, 2001.) 13. RESOLUTION NO. 11,010 - To authorize expenditure of $500,000 to facilitate the purchase of West Little Rock Park Property; and for other purposes. 2 28 14. RESOLUTION NO. 11,012 - Authorizing the City Manager to enter into an engineering service contract with Barlett & West Engineers for street and drainage improvements to Fourche Dam Pike, a 2000 TIP Project. 15. RESOLUTION NO. 11,013 - Authorizing the City Manager to enter into a contract with Sterling Trucks of Arkansas, Inc. for the purchase of two Rear Load Refuse Truck for the Public Works Sanitation Department. 25. RESOLUTION NO. 11,014 — To authorize entry into an agreement for the lease of 19.87 acres for Fire Station Training Facility and for other purposes.. The consent agenda was read. Director Keck motioned for the adoption of the consent agenda; Director Adcock seconded the motion, and by unanimous voice vote of the board members present, the consent agenda was adopted. Note: Director Wyrick recused on Item 4. Director Adcock voted no on Item 9. In reference to Item 11, Director Keck recognized Mr. John Swanson, the executive director of MEMS, for the great job he has done. Mayor Dailey recognized Devon Hare, Troop 467, St. Mark Baptist Church. The Group Items: 16 -24, Items 29 and 30, was the next consideration. Mayor Dailey asked the board if Item 24 could be added to the grouped items. There were no objections. Item 24 was included with the list of grouped items. 16. ORDINANCE - Z- 4213 -E — Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled Bowman Plaza — Revised POD located at the northwest corner of Colonel Glenn and Bowman Roads, in the City of Little Rock, Arkansas amending Ordinance No. 17,974 and Chapter 36 of the Code of ordinances of the City of Little Rock; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. (Deferred from February 6, 2001.) (Deferred to April 3, 2001.) 17. ORDINANCE - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Boundary Street Improvements for Bowman Plaza POD located on the north side of Colonel Glen and West Bowman Road. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. (Deferred from February 6, 2001.) )(Deferred to April 3, 2001.) 18. ORDINANCE NO. 18,427 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas providing for a variance to allow double frontage lots and a variance from the maximum lot width to depth ration standards for Ferncrest Estates (Phase II) — preliminary plat (S -1302) located along the south side of Kanis Road and the north side of Burlingame Road, approximately 11,100 feet east of Walnut Grove Road. (Planning Commission: 10 yes, 0 no, I absent.) Staff recommends approval. 19. ORDINANCE NO. 18,428 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a variance of boundary street improvements for Ferncrest Estates (Phase II) located on the north side of Burlingame Road and north of Kanis Road. (Planning Commission: 10 yes, 0 no, 1 absent.) Staff recommends approval. 20. ORDINANCE NO. 18,429 - Z- 6043 -A — Approving a Waiver of the landscaping for Cricket's WCF Collocation on SWBT Tower at 8126 Scott Hamilton Drive. and 22. ORDINANCE NO. 18,429 - Z- 6609 -A — Approving a Waiver of the landscaping for Cricket's WFC Collocation On Telecorp Tower at 1429 Merrill Drive. 21. ORDINANCE NO. 18,434 - Z- 6530 -A — Approving a Waiver of the landscaping and screening for Nextel's WCF Collocation on Telecorp Tower at 3005 W. 60th Street. OQZY 23. ORDINANCE NO. 18,430 - To amend Little Rock, Arkansas Ordinance No. 18,199, reducing the membership of The Sister Cities Commission; and for other purposes. 24. ORDINANCE NO. 18,433 - Dissolving Sewer Improvement District No. 144 of Little Rock, Arkansas, and prescribing other matters pertaining thereto. 29. PUBLIC HEARING & ORDINANCE NO. 18,431 - Vacating and closing a portion of Gordon Road between Gordon Road and Chenal Valley Drive, in the City of Little Rock, Arkansas. Planning Commission: 10 yes, 0 no, 1 absent.) Staff recommends approval. 30. PUBLIC HEARING& ORDINANCE NO. 18,432 - Establishing the Chenal Valley Municipal Property Owner Multi - purpose Improvement District No. 9 of the City of Little Rock, Arkansas, declaring an emergency and for other purposes. The ordinances were read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board members present, and by unanimous voice vote of the board members present, the ordinances and the emergency clause in Item 30, were adopted. Director Wyrick recused on Item 20. Mayor Dailey stated he was gathering a group of cards for persons wishing to speak on the Rescue Mission (Items 26, 27, & 28), and asked the board if the citizens could speak first tonight, rather than having the applicant and staff going first. He also stated that normally fifteen minutes per side is allowed, but there are probably 20 cards for each side, signed up to speak on the issue. He suggested the time be modified to thirty minutes per side. A motion was made by Director Kumpuris, and seconded by Vice Mayor Cazort, to modify the time per side, and by unanimous vote of the board members present the additional time was allowed. Mr. Jim Lawson, Director of Planning and Development gave a staff overview of the Union Rescue pro�ect. He said this is 2.43 acre tract that is located at the northwest corner of West l Ot and Thayer Streets. He said staff has been talking with Union Rescue people for the last couple of years, trying to find a new site and they (Union Rescue) had criteria they had to use to make this work, and one of the criteria was that it be located next to a railroad track, also to find an area that was on the edge of a neighborhood. He indicated on a map that this land that is proposed for this project is currently zoned I -2. Mr. Lawson explained that I -2 is the most intensive zone, or least intensive zone depending on how you define it. It would allow for a mini warehouse, a lumberyard, auto repair garage, and many different kinds of things. He said what the Union Rescue Mission chose in this case was to come in as a Planned Office Development. The reason was to try and work out as many details as they could in terms of how many people would be staying there, the facility is too large, and other things they would do in the neighborhood. He stated the POD is more restrictive and can put a lot more conditions than if it were just zone 0-3 or left as I -2. Mr. Lawson said when it went before the Planning Commission as a POD, it was approved with a vote of 6 yes, 3 no, and 1 absent. He stated from a site design standpoint the applicant has done a good job. He said part of what they wanted to do was close a portion of 10th Street, and build a Mission that would serve their clientele as well as being something the people in the community would be proud of Mayor Dailey opened the Public Hearing. There was an approximate 3 -'/z hour discussion during the Public Hearing. Speakers in opposition to the development were: Nettie Lawson, 2318 W. 11th Street, said several speakers would be representing various neighborhood associations, and they would speak briefly, and if there was time, then individuals might speak. Henry Barton, 918 Dennison Street, President of the Capitol Hill Neighborhood Association, Victor Johnson, 2308 S. Valentine Street, President of the Love Neighborhood Association, Larry Rodgers, 816 Dennison, resident of the Capitol Hill neighborhood, and a member 4 of the neighborhood association, Dr. George Blevins, 1704 W. 19th Street, President of the Wright Avenue Neighborhood Association, Cliff Riggs, 2004 W. 17th, Dale Charles, 12012 Teton Forest Drive, representing the NAACP, Robert Alexander, Mike Daugherty, 2101 S. Mantle, Antoinette Johnson, 301 Maple, representing the Stiff Station Capitol View Neighborhood Associations, Kathy Wells, President of the Coalition of Little Rock Neighborhoods, Rev. Edward Brown, Capitol Hill Association member, Mazola Johnson, representing the Stevens Area Faith Neighborhood Association, Beverly Carter, 2319 W. 10th Street. The opposition included concerns such as fear of the transients coming in and out of the Mission, of property values decreasing because of the fear, the uprooting of citizens who have lived in their homes in this area for many years, fear that the transients, alcoholic and drug addicts would wander in the neighborhood, and that crime would increase because of the mission being located -- there. They all agreed that the Union Rescue Mission does good work, but that it should not be located in a residential area, and they wanted to preserve the integrity of the a neighborhood close to historic Central High School. Those speaking in favor of the Union Rescue Mission were William Willis, 6506 Pleasant Place, Dave Harrington, P.O. Box 13097 Maumelle, Rosalie Brewer, 2803 Welch Street, Phillip Hill, 615 N. Magnolia, North Little Rock, Don Wykoff, 3001 Confederate Blvd., George Theroux, , North Little Rock Bible Baptist Church, Maelang Jefferson, Magnolia Street, Wayne Lewis, Magnolia Street, North Little Rock, Almed McMahan, 3001 Confederate Blvd. The reasons cited favoring the mission in this location were, that the Mission has been active in central Arkansas for 48 years, and they needed a new facility to continue the work, that their current buildings were old, and not large enough, and that this particular location was located in close proximity to interstates, railroad tracks, and the agencies they work closely with. Mr. Harrington stated that the mission has always served as a deterrent to crime in its surrounding neighborhoods, and presented reports from the Little Rock and North Little Rock Police Departments showing crime stats for the areas where their missions are located, and stated that security is provided on a twenty four hour a day basis at the mission, that the grounds are patrolled every thirty minutes by their staff, and they report criminal activity they see, to the police departments and said the transients would not use the neighborhoods to get to the mission, that rules would apply that would only allow them to use the designated entrance and exits to the mission. Mr. Phillip Hill, director of the Christian Mission's Men's Program, answered questions from the board regarding activities conducted and the process a client goes through to reside at the mission. Mr. Hill said the mission serves 125 to 300 meals per day. That there are two programs, one for temporary transients who are allowed to spend no more than five nights per month at the shelter, and one for men who are trying to pull themselves off the streets permanently. He said the long -term resident's must find jobs and work during the day. He said they are required to save 75% of their pay in bank accounts that are monitored by the mission's staff. He said they are tested for drugs and alcohol on a daily basis, and they do not accept residents who have been convicted of violent or sexual crimes. There was testimony from speakers that the mission had been a good neighbor, and there had never been any trouble from the mission or residents, and that they had lived as a neighbor to the mission for over thirty five years, one said she had two sons and has never had a problem with them, and that she works two jobs and they even help out by watching her children when she is gone, that they are good neighbors and treat each other with respect, and testimony from a businessman that the mission does patrol the area, and it made him feel his business was more secure because of it. 26. ORDINANCE - To amend the land use plan (16,222) in the Central City Planning District from Light Industrial, Industrial, Park/Open Space and Commercial to Mixed Use; and for other purposes. (Planning Commission: 6 yes, 3 no, 1 absent.) 27. PUBLIC HEARING & ORDINANCE - To abandon and close a portion of 101h and 111h Streets and the alley on Block 9 of Roots and Coy Subdivision in the City of Little Rock, Arkansas, Pursuant to Arkansas Code Ann. Sec. 14 -54 -104 (Michie 1987). (Planning Commission: 6 yes, 3 no, 1 absent.) 28. ORDINANCE - (Z- 6763)- Approving a Planned Zoning Development and establishing a Planned Office District titled Union Rescue Mission- Short Form POD 5 located at the northwest corner of West 101h and Thayer Streets and along the south side of West 10th Street west of Thayer Street in the City of Little Rock, Arkansas, amending Chapter 36 of the Code of Ordinances of the City of Little Rock; and for other purposes. (Planning Commission: 6 yes, 3 no, 1 absent.) Mayor Dailey asked for the three ordinances to be read. The Ordinances were read the first time. The rules were suspended to provide for the second and third readings of the Ordinances by unanimous vote of the Board members present. The votes were recorded as follows: Directors Hinton, Pugh, Stewart, Cazort, Keck and Kumpuris voted against the proposal, and Directors: Graves, Lichty, Adcock, Wyrick and Mayor Dailey voted in favor of the proposal. The Ordinances failed. Director Adcock disclosed that she was on the committee that raised the funds to furnish the Dorcus House, and has an on -going relationship with the Dorcus House, and the Rescue Mission through the Hope Center, where she is employed. She disclosed the information, but did not refrain from voting on the issue. There were no objections. 32. RESOLUTION - Making appointments and reappointments to various boards and commissions. (Deferred to March 6, 2001). 33. REPORT - City Manager's Activity Report. Re: Pending Litigation. Mr. Carney presented a communication from the City Attorney, involving Police Department issues, and communication regarding the number of promotions, the racial and gender composition of the promotions made during the tenure of Chief Johnson, the race and gender composition of the two recruit classes that have been initiated in the last ten months. Mr. Carney explained the "rule of three ", and Mr. Carney stated he has directed both the chiefs to use that rule so they have full opportunity to select the candidate that best fits the job that may be open and select from that group of three. He stated this is a Civil Service rule, and has been upheld. No participants in Citizens Communication. 31. EVALUATION - Of the City Attorney. Mayor Dailey recessed the meeting at 9:50 P.M. to go into Executive Session to discuss the evaluation of the City Attorney. The meeting reconvened at 11: 25 P.M, at which time Mayor Dailey announced that no action had been taken, pending further information that Mr. Carpenter would supply to them within two weeks and at that time, would continue the evaluation. Director Keck motioned for adjournment, Vice Mayor Cazort seconded the motion, and by unanimous voice vote of board members present, the meeting adjourned at 11:30 P.M. ATTEST: Nan y Woo , City Clerk APPROVED: 0 %W�oa�� Dailey, Mayor 31