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05-01-01S'81 Minutes Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas May 1, 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. Ten (10) present. The invocation was given by Director Kumpuris, followed by the Pledge of Allegiance. The meeting was recorded as follows: Item 2. Resolution to authorize the City manager to enter into a contract for Vision Little Rock Facilitation Service was deferred. City Manager Cy Carney stated there were only two responses and they would defer for two weeks to try and get more response. Director Adcock made the motion to defer Item 2, with Vice Mayor Cazort seconding the motion. By unanimous voice vote of the board members present the item was deferred. Director Keck presented Mr. Bryan Day, Little Rock Parks and Recreation Director an award, for the City's Urban Forestry Initiative, administered by the Little Rock Parks and Recreation Department. Mr. Gene Pfeiffer made a presentation of a check in the amount of $999.99 to the Parks Department of the City of Little Rock; given in honor of their customers and teammates of Source One Company, in saying thanks to the City and it's citizens for the support they have had for ninety nine years; to assist in the effort of completing the Millennium Trail. Mr. Pfeiffer stated they would make a similar presentation to the City of North Little Rock at their next Board meeting. An overview and update was presented on Vision Little Rock, by Chairs of Vision Little Rock, Virgil Miller and Bob East outlining what has been accomplished, the direction they team is going, and the results they expect to achieve. Schedules of their meetings were handed out to board members. The Consent Agenda was the next consideration. 1. MOTION - To approve minutes of the Board of Directors regular meeting: April 3, 2001. 2. RESOLUTION NO. - Authorizing the City Manager to enter into a contract for Vision Little Rock facilitation services. (Item Deferred) 3. RESOLUTION NO. 11,052 - Approving Appointment of Replacement Commissioner to Board of Improvement of Water and Sewer Improvements District No. 141 of Little Rock, Arkansas. 4. RESOLUTION NO. 11,053 - Authorizing the City Manager to enter into contract negotiations for the provision of 2001 Summer Youth Recreation and Employment Programs in Little Rock. 5. RESOLUTION NO. 11,054 - Authorizing the City Manager to enter into a contract with All Service Electric in the amount of $76,199 for Cantrell Road Pedestrian Signal, a 2000 enhancement project. 6. RESOLUTION NO. 11,055 - To authorize the City Manager to enter into a contract with Kenneth Goss as part of the Central High Targeted Neighborhood Enhancement Plan 7. RESOLUTION NO. 11,056 - Authorizing the City Manager to enter into a contract with Township Builders in the amount of $147,793 for South Country Club Blvd Drainage Improvements, a 1998 Revenue Bond project. Director Adcock asked for a staff presentation on Item 4. Barbara Osborne stated they received 32 bids; there were 15 that were either disqualified or did not meet the review process for various reasons. She stated there was 17 bidders who were determined the lowest responsible bids. Ms. Osborn stated the resolution listed the applicants the review committee recommends for contracts. She said the review committee also recommended that the dollars remaining, the city would issue a re -bid to allow those programs that did not pass the review, or were disqualified, another opportunity to apply. Director Adcock asked Ms. Osborne to read the applicants receiving the contracts, and the amounts received. Ms. Osborne read the list of seventeen. (See Resolution 11,056). The consent agenda was read. Director Keck motioned to approve the Consent Agenda, Vice Mayor Cazort seconded the motion, and by unanimous voice vote of the board members present, the consent agenda was adopted. Citizens Communication was presented next on the agenda. There were no speakers presented. The Grouped Items: 8, 9,10, and 11, were read the first time. (Item 11, the Public Hearing was opened, and closed, there were no speakers in favor or opposed to the item. 8. ORDINANCE NO. 18,470 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Boundary Street Improvements for Jay Smith Addition located on the north side of Cantrell Road and East of Keightly Drive. 9. ORDINANCE NO. 18,471 - To request a waiver of the landscaping requirements for the west side of the WCF to be located at 809 S. Bowman Road. 10. ORDINANCE NO. 18,472 - Reclassifying property located along the Asher Corridor, located in the City of Little Rock, Arkansas, amending the official zoning map of the City of Little Rock, Arkansas; and for other purposes. 11. ORDINANCE NO. 18,473 & PUBLIC HEARING - To vacate and abandon the south portion of South Katilius Street, Little Rock, Pulaski County, Arkansas. (Deferredfrom April 3, 2001) 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, and by unanimous voice vote the ordinances were adopted. 13. ORDINANCE Approving a planning boundary of three (3) miles from the Little Rock City Limits, Repealing Ordinance No. 15,543 and other issues. (Item deferred for two weeks) Mr. Jim Lawson, Director of Planning and Development, gave a brief overview and presentation, saying that at the last Board of Directors Meeting, two Ordinances were presented, one was to set the three mile planning jurisdiction line, which he explained is the item before the board tonight, and the other was to begin to zone the area. He said this was the request that was pulled down at the last meeting. He said they would spend approximately nine months to a year in the area talking to property owners before any zoning would be done. He said tonight's issue is the three -mile planning jurisdiction. He said that line has been set up in Little Rock since 1957. He stated. that State law allows Little Rock to have five -mile jurisdiction, but since the city has extraterritorial zoning for three miles, it makes more sense to have only one line, and that is a three mile jurisdiction line. He explained that they had not gone out and visited with everyone on whether to establish this jurisdiction line. He said the intent was to establish the line, and then begin to develop a land use plan and then come back to the board with a zoning plan, which is what has been done in other parts of Little Rock. Mr. Lawson stated that one of the main concerns that had been expressed to him as far as opposition was that there was no representation on the Planning Commission for the extraterritorial areas. He stated that according to what he had learned from Mr. Carpenter, the City Attorney, was that the City Manager form of government, under state law, did not allow anyone to serve on a city board or commission who lives outside the city limits. Mr. Lawson asked to move forward with this issue and that he would work with Pastor Weaver and others who are working on a study with the state legislature, and would like to work to get the law changed so that these areas could be represented on the Planning Commission. Director Lichty stated he thought the first step would be to repeal the existing ordinance since it is not legal under state law, and get the City Attorney to provide an ordinance that would pass muster. Director Cazort stated he thought at this point, there could not be an ordinance that would pass muster because of the state law, and that this should be item number one on the 2001 legislative package. Director Pugh asked what happens when the city gets the three -mile jurisdiction. Mr. Lawson stated that the authority is limited. He said if for example someone owns property and wants to subdivide and make it less than a five -acre tract, and begins to sell off lots, they would have to file a plat with Planning and Development. He said a plat has to be filed with Pulaski County now, but they would have to file with the City. He said in terms of the use, regarding the item on the agenda tonight, the city has no control over the use. He said they could put a business, a house, or whatever, and as long as the area is 5.1 acres, the city has no control at all. It is only when the owner begins to subdivide that they would be required to file a plat. Director Lichty asked if there were not a way to have anon - voting member, and create some sort of ordinance in the interim to allow that. Mr. Tom Carpenter, City Attorney replied that was allowable. He stated that 2 what the general statute says is that the board cannot appoint somebody to serve on a board or commission who is not a qualified elector of the city. He said there is an express exception to that statute for museum boards. He stated that it was originally the Art Center only, and it was then expanded to museum boards to deal with the Museum of Discovery. He said the non - voting member could not vote. The person(s) would be an advisory member, and the person could not go into any executive session. He stated that there could be one or more advisory personnel who wished to serve. Mayor Dailey suggested the item be held on first reading, and come back with a draft of a proposed ordinance that could give the non- voting membership as a consideration before moving forward beyond this point. Mr. Weaver that this ordinance would give the city jurisdiction, and the city could move in with planning, and all those things. The ordinance tonight, if approved would give it the strength of law. Mr. Weaver stated he had not talked to any property owners that knew about the three -mile extension. He said they do not know what is happening to them, they don't know they are about to come under the jurisdiction of the City of Little Rock. He said not one property owner he had talked who knew this. He said two weeks ago this ordinance was deferred indefinitely. He said it turns out that indefinite is two weeks. He wanted to know why, two weeks. He said he informed the board at the last meeting that the Legislature had ordered an interim study to resolve the issues of extraterritorial jurisdiction, and the lack of representation for the property owners within this jurisdiction, is disappointed in those responsible for putting this item back on the agenda this soon. He said he and others were under the impression, from the remarks of Jim Lawson, in the last meeting, that there would be public meetings and so forth out in this area before this item would be brought back. That was their understanding. He said he felt betrayed. He quoted Arkansas Code 14 -56 -413. "The Planning Commissions shall designate the area within the territorial jurisdiction, for which it will prepare, plans, ordinances and regulations." 13e said paragraph two of the same code, stated, "The description of the boundaries should be fled with the City Clerk and the County Recorder." He said he asked if that had been done, and was informed by the City Clerk, that as of today, it had not been done. He said that would seem to him to be the natural progression, even before the plans and ordinances that will be prepared, and passed, and the regulations that will be put upon these property owners, that there must be a fling of those boundaries with the City Clerk, and the County Recorder as well. Mr. Carpenter stated that his understanding of this resolution is that the reason this resolution is being adopted is so the Planning Commission can go forward, to find the boundaries, prepare the maps, and then file them, before they actually take the next step 'to try to attempt extra - territorial jurisdiction. Mr. Weaver said the resolution expressed that intent, no ordinance has been passed, and the boundaries have been mapped. Mr. Lawson stated the plans and maps have not been filed because the ordinance has not been approved. Mr. Lawson stated that what they were trying to do tonight is to establish a planning jurisdiction. That would put the city ` in the planning business, and they would prepare the land use plans on the ordinances to come back and do zoning. That is how it has been in the past. If the board wanted to, it could all be done in nine months, but what happens is the Planning Department is out there trying to plan and do some things, and they don't even have jurisdiction to do it. He said they have encountered this before, where people will say, your board is not even supporting this, why are you out here, and that is the problem. Director Lichty asked, then, why would the board want to defer the item beyond tonight, if it is something that allows you to do under current state law, and there is no linkage between it and the ordinance the City Attorney has been asked to prepare allowing a non - voting membership, outside the city limits. Mayor Dailey asked Mr. Lawson at the previous meeting what was deferred at that time. Mr. Lawson said they took off the intent to zone. Mr. Weaver said they have concerns about representation, and have expressed that to the State legislature, and they have said they would do an interim study. The city, county, local affairs, and joint committees would do this board study from the house and senate. The county planning officials should be involved; the city, and interested parties need to sit down. He said the property owners did not want the city out there now. He said they did not want the city's jurisdiction vote them now, they had no voice and didn't want the city out there until they could get a voice, elected or appointed by the property owners, or their elected officials. He said he had nothing against this board, but that he and the others could not vote for them. Director Kumpuris asked Mr. Carpenter why this law (territorial jurisdiction) was set up. Mr. Carpenter answered that his understanding was that cities were in a position where things were happening outside their borders which represented a natural progression of the city, so they would take in a number of reasons that did not have appropriate infrastructure or zoning or other types of classifications, and one of two things would happen, they would either be some mayor infrastructure impacts upon the community when they were annexed in, or, the areas would not be annexed because of the problems that occurred in the external areas. This was an effort to try to make sure you could see the natural growth pattern for an area and try to make them compatible. Director Kumpuris stated that his understanding was that what Mr. Weaver is asking is to give the property owners nine months to a year to go out meet with people, talk with people, get their thoughts on what is going on, and then come back at the end of that time, and nothing that is done during that period of time, has any biding power until the Planning Commissions hears the issue again, or the board gets it back, and then the final recommendation based on all that input is presented. Mr. Lawson stated that was not correct, but was close. He stated that what they were asking the board to do, tonight, is to establish subdivision jurisdiction, which 3 U/ does give the city authority if someone subdivided a less than five -acre tract. The country presently has that authority, and the city has it in some areas also. He said the city could have control over that, but what they are also asking is that they could go out, for nine or ten months and work to develop a land use plan, an extraterritorial zoning as has always been done in other areas, and come back to the board with a plan that would establish the land use plan, and establish zoning jurisdiction. He said in Planning's mind there is a huge difference between zoning jurisdiction and subdivision jurisdiction. He said zoning jurisdiction doesn't control the use of the land, and even state law allows five full miles, which the city does not exercise, so if the board wants them do the pre - planning with no authority at all, then this ordinance doesn't need to be approved. He said you could do it all at one time, and they would just need a mandate from the board that they have some control over subdivision. He said they have gone out in areas that are now inside the city limits that ten or fifteen years ago were not, and they went out and explained there were no building permits required, there was no dog lease laws, etc., and people did not object to it. He said it is a two -step process. He said it is up to the board to decide what they wanted planning to do at this point. He said normally this boundary line that is being discussed tonight, they normally don't ask anyone in the area if they want it, it's the city's right under state law. to properly plan for the areas outside the city so that the citizens who live in the city don't have huge infrastructure bills. He said they have never asked before, they have just gone to the areas. Director Kumpuris stated then, it is this board fiduciary responsibility to make sure these areas, if and when they are brought into the city is not at a financial burden to the present citizens. Mr. Lawson said yes, that was 100% correct. Director Wyrick stated she had spoken to Pastor Weaver and others, and one of their concerns is the mandate to dedicate right of way, and the other is in lieu money to develop half street improvements, and the other thing is the lack of ability to split up land between family members. Mr. Lawson replied that those issues had been dealt with before, in the last few years. He said they have waived street improvements and some other things for someone who just wanted to split up land for their kids, etc. He said they tied some things into it so that the property could not be rented out, or sold off to anyone else. The ordinance was read the first time. Director Lichty made a motion, with Director Cazort seconding the motion to provide for the second reading of the Ordinance. Mayor Dailey asked for a voice vote. Directors Wyrick, Adcock, and Mayor Dailey voted no, Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Stewart, and Graves voted yes. The ordinance was held on first reading. 14. ORDINANCE - To abolish the City Beautiful Commission and to abolish the Arts and Humanities Promotion Commission; to establish a new commission entitled "The Natural and Cultural Resource Commission "; to assign administrative responsibility and certain authority of the abolished commissions to the new commission; and for other purposes. 15. ORDINANCE - Amending Little Rock Ordinance No. 18,359 (September 26, 2000) to transfer the duties of the former City Beautiful Commission regarding appeals and variances of landscape requirements to the Little Rock Planning Commission; delegating authority and responsibility to the Planning Commission; and for other purposes. (Item withdrawn by City Manager.) Mr. Carney, City Manager, overviewed the topic, stating that about three years ago the city board directed the City Manager and staff to examine the various city boards and commissions, and to determine if there was an opportunity for consolidation or abolition of any of the boards, in order to make organization more efficient. He said the board has taken action to do that on a number of cases. He stated that the City did in fact act to terminate and end the duties of City Safety Commission, the Community Policing Advisory Board, and consolidated a number of the Mechanical Plumbing Electrical Advisory Boards into a single advisory board. He stated this item on the agenda tonight is one that has been talked about for a couple of years in working with the Parks Department, Planning Department, and others, and recommend this to the board. He said the action of the board would establish a consolidation of the activities of the two groups. Mr. Carney asked Mr. Bryan Day to give an overview of the specific work related to this consolidation. Mr. Day asked the board to support the consolidation, and create a new commission. Mr. Day said the process has been difficult and had learned a couple of things; one that change is inevitable, and the second, that people are going to resist change. He said he believed if there was no change, he believed it would be setting the stage for failure to meet the changing demands in our community. Mr. Day thanked both commissions for doing great things they had been doing for a number of years. He said it is now time to change and look for new opportunities. He cited that during the Future Little Rock Process, in 1992 there was a recommendation to create a community appearance board. He said the recommendation was never adhered to, however felt this was a great opportunity to take what the citizens wanted in 1992, modified a little to create a new commission known as the Natural and Cultural Resources Commission. He said in general what they would do is promote the enhancement of the &,I,- natural and cultural resources of our community, advocate new ideas and pursue new ventures, recommend policies that might affect these areas, to the Board of Directors. He said they had met with both commissions, and after lengthy discussions, the Arts and Humanities Commission unanimously endorsed the concept. He said after the same discussions the City Beautiful Commission endorsed the concept, however they had a couple of caveats that they wanted considered. Some of the conditions called for the creation of an additional review board to study and approve landscape variances under the recently approved Landscape Alteration Ordinance. They asked about putting a budget appropriation into the enabling ordinance, and to look at appointing the existing members of both commissions to this new commission. He said they took the recommendations and began meeting with other members of city staff, and after discussions felt those were not recommendations they in good conscience make to the board. Mr. Day stated there are a few members of the City Beautiful Commission that have objections, and they would be speaking later. He said their primary concern was in regards to the review of the landscape ordinance. Mr. Day said they believe the Planning Commission is capable of reviewing the ordinance and encouraged the board to adopt the ordinance. There was some discussion regarding the review process of variances. Director Kumpuris asked why legislation is now coming up, months after the ordinance passed, and change an agreement that two opposing factions came to agree on. Mr. Day answered that they started the process before the landscape variance issues came up. He said this was Little Rock Parks and Recreations recommendation, his recommendation. He said he personally believed and his staff believed, and other city staff believes the planning Commission is capable of reviewing the ordinances, and if the commissions are merged, it did not make sense to them to create a second commission. He said if that proves to be the case, he felt they would leave things alone as they are now, transfer the administrative duties of the City Beautiful Commission to the Planning Department, where they belong as a regulatory agency, and they would get back with Arts and humanities and let them reconstitute themselves to address these new issues. Director Kumpuris stated what this is doing is undoing a compromise that was reached by two different groups and he had a hard time not figuring out someway to work this out. Mr. Day said for selfish reasons, Little Rock Parks did not want to be in the regulatory business, and if they are staffing these groups, as they are now, and the regulatory function stays there, then it would be counter productive for Parks. He said he feels it belongs with the Planning Department where they know these issues, where they work with the planning commission and other staff. Mr. Bob Cowan, Chairman of the City Beautiful Commission, stated he didn't want all the work that went into the landscaping ordinance to be undone, and it was agreed to by all parties. He stated that whatever happens he would like to have citizen involvement, and not lose the strength of the ordinance that was recently passed. He said he was concerned that if the regulatory function went to planning many items may end up on the consent agenda, and not looked at as closely. Mr. Troy Lahay, Vice president of Southwest Little Rock United for Progress, and a member of the City Beautiful Commission, stated they had discussed this issue quite a bit and felt the commissions should be left as they are. Mr. Mark Johnson, stated he was speaking in favor of maintaining the responsibility of reviewing variances in the landscaping and possible the tree ordinances with the City Beautiful Commission or its successor agency or some sub committee of that agency. Ms. Ruth Bell, Pulaski County League of Women Voters, said they have concern about the change for several reasons. She said first, the City Beautiful Commission has been in existence for a good time, and has functioned admirably and has great background on the whole subject and also active and a part of the landscape and tree ordinances. She stated City Beautiful also has great commitment to the responsibility, and familiarity. Mr. Hugh Earnest, said change is not always good. He said the issue to him has policy implications. He said there is no doubt that the Planning Commission could do this, the staff could review, but felt the proposal from the City Beautiful is a continuation of the review process in place for many years. He asked for the board to consider the creation of a review board that could act on certain specific ordinances, in this case the landscape ordinance. Director Graves asked Mr. Bryan Day if under his proposal, if an applicant: wished to apply for a variance, would it go directly to the Planning Commission and then come to the Board of Directors. Mr. Day answered that the Planning Commission would be the entity to make the decision. Mr. Tim Heiple, City Beautiful Commission member, stated that they do endorse merging the two commissions into one, but would hope their recommendations could be implemented. Ms. Dottie Funk, Chairperson of the City Beautiful Commission, and was involved in the land Alteration Task Force, and stated the City Beautiful Commission was not afraid of change. She said they have new members that want to do things, but as a commission they _ are not sure of the direction. She said they would like some kind of resolve on this issue. She stated that while they were working on the Tree Ordinance, she would go to the Planning Commission representing the City Beautiful Commission, arid would try to lift the awareness of the people there that there were people who are concerned about what was happening in the City. She said she would have to get the agenda for the Planning Commission, find out who was applying for a variance and it took a lot of homework, and then go and speak at that meeting, every other week, and ask the applicants, "Are you going to cut down all the trees ?" "Are you going to bull doze the hill ?" She stated that if this is given to the Planning Commission again, someone is going to have to do the "homework ", and come to the meeting, without authority, as she had as the City Beautiful Representative, as they were entrusted with the idea of lifting the level of awareness and expectation for the community. She stated that was what would be lost. Director Kumpuris made a motion to table the issue for two weeks. Director Adcock seconded the motion. By majority voice vote, the motion was approved. Mr. Cy Carney, City Manager, stated that based on the discussion tonight, that what he was proposing is an extraordinary request since the Manager's office is the applicant related to proposing these two ordinances, he requested that since the motion had tabled the items for two weeks, at that time he would like to withdraw the items, leave the two commissions as is, unchanged, and would move quickly, by tomorrow, to administratively shift the responsibilities of those commissions, in terms of staffing. Director Keck made a motion to expunge the vote to table. Director Hinton seconded the motion, and by unanimous voice vote of the board members present, the motion to table was expunged. Director Kumpuris withdrew the motion. Director Lichty made the motion to accept withdrawal of items 14 and 15, Director Stewart seconded the motion. With a unanimous voice vote of members present, the motion was approved. 19. RESOLUTION NO. 11,057 - To make appointments to various Boards and Commissions. 20. RESOLUTION NO. 11,058 - To make appointments to Vision Little Rock. The meeting was recessed by motion at 8:30 PM to go into executive sessions to make various board and Vision Little Rock appointments. The board reconvened at 8:45. The City Manager read the list of recommended appointments: The Construction Inspection Board, Mr. Joe Hilliard and Mr. Clyde Smith; for the Vision Little Rock Racial Cultural Diversity Work Group, Ms. Ruth Sheppard as the Co -Chair of the group, and Mr. Leon Adams to the five- member Executive Committee, the Racial and Cultural Diversity Commission, Mr. Claude Wheeler, to represent Ward 7, the Community Housing Advisory Board, Mr. Steve Bradley. Director Adcock made the motion to approve the recommendations, with Vice Mayor Cazort seconding the motion. With a unanimous 'voice vote of the board members present, the recommendations were approved. Items 16 and 17 (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, being ten in number and two - thirds or more of the members of the Board of Directors. By a unanimous voice vote of the board members present, the ordinances were approved. The emergency clause in item 16 was approved. 16. ORDINANCE NO. 18,478 - Amending Chapter 8 of the Little Rock Code of Ordinances, creating new provisions for the issuance of building permits for residences as defined herein, declaring an emergency, and for other purposes. 17. ORDINANCE NO. 18,479 - Appropriating funds to provide city match of $105,000 for a downtown signal system upgrade. 12. ORDINANCE NO. 18,474 - To amend Ordinance No. 18,409 ( "The 2001 Budget Ordinance ") to appropriate and reallocate funds; and for other purposes. (Deferred from April 17, 2001). Mr. Carney, stated that the board had received a "hard copy" memo of more information about the budget amendment which was asked to be provided at the last meeting. Mr. Carney overviewed the documents. The Ordinance was 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, being ten in number and two - thirds or more of the members of the Board of Directors. By unanimous voice vote of the board members present, the ordinance was adopted. 18. REPORT - City Manager's Activity Report. Mr. Carney announced the program to step up the recycling program. Citizens would fill out a name identification slip, which would make them to be eligible for drawings for prizes. The May workshop /field trip and event calendar was presented to the board. Vice Mayor Cazort made a motion to adjourn, Director Keck seconded the motion, and by unanimous voice vote of board members present, the meeting; was adjourned at 8:55 PM. ATTEST: NANCY W OD, CITY CLERK APPROVED: JI AILEY, MAYOR G 61?