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11-06-01163 MINUTES Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas November 6, 2001 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey presiding. The roll was called by City Clerk Nancy Wood, with the following Directors present: Directors Hinton, Pugh, Stewart, Graves, Cazort, Kumpuris, Adcock, Keck, and Wyrick, Lichty, Director Kumpuris was absent. The Invocation was given by Director Adcock, which was followed by the Pledge of Allegiance. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. A motion was made by Director Adcock to add the following modifications to the consent agenda. Director Keck seconded the motion, and with a unanimous voice vote of the board members present, the modifications were added to the consent agenda. Mayor Dailey announced that he believed it was very remotely, and extremely unlikely that the agreement with St. Vincent's would end as a result of the recommendation to eliminate funding. He said he felt this opinion is supported by this board and by the CDBG process, and did not think there was any risk. The modifications were as follows: PRESENTATION : Director Pugh — Sister Cities Visit to Taiwan M -1. RESOLUTION NO. 11,158 - Authorizing a contract with Arkansas Excavating to demolish concrete slabs and footers and perform site clean up in the William Jefferson Clinton Presidential Park Site; and for other purposes. M -2. RESOLUTION NO. 11,159 - Authorizing the City Manager to execute an agreement with Aetna to provide employee health care insurance for the year 2002.; and for other purposes. M -3. RESOLUTION NO. 11,160 - Authorizing the City Manager to extend the contract for employee dental insurance for an additional year; and for other purposes. 1. MOTION - To approve minutes from regular meetings: September 4, 2001. 2. RESOLUTION NO. 11,150 -To set the date of Public Hearing for November 20, 200 Ion the petition to vacate and close an alley between Plateau Avenue and West 4th Street within Block 5 of Plateau Addition to the City of Little Rock. 3. RESOLUTION NO. 11,151 - To set the date of Public Hearing for November 20, 2001 on a petition to vacate and close a portion of Raintree Lane and other unnamed street rights -of -way, surrounding Blocks 7 and 8 of R.D. Duncan's Addition to the City of Little Rock, Arkansas. 4. RESOLUTION NO. 11,152 - To set the date of Public Hearing for November 20, 2001 to abandon a 10 by 300 ft utility easement located within Lot 15R, Glenhaven Subdivision in the City of Little Rock, Arkansas. 5. RESOLUTION NO. 11,153 - To set the date of Public Hearing for November 20, 2001 to abandon a portion of Arnold and Black Street rights -of - way, in the City of Little Rock, Arkansas. 6. RESOLUTION NO. 11,154 - Authorizing the City Manager to purchase two (2) 4WD '/z Ton suburban/Carryall Vehicles in the amount of $57,712.80 for the Little Rock Fire Department. 7. RESOLUTION NO. 11,155 - To authorize submission of the 2002 Annual Action Plan to the US Department of Housing and Urban Development for the use of CDBG, HOME, ESG Entitlement Funds, and for other purposes. 8. RESOLUTION NO. 11,156 - To appoint bond counsel and underwriter to refund the Series 93 and 95 Waste Disposal Revenue Bonds, and the issuance of additional Waste Disposal Revenue 164 Bonds to finance the purchase of capital equipment and the construction of Cell 4 at the City's Landfill 9. RESOLUTION NO. 11,157 - Awarding a contract to Rick Furr Excavating, for the construction of Phase II of the Apple Blossom Subdivision. M -1. RESOLUTION NO. 11,158 - Authorizing the City Manager to enter a contract with Arkansas Excavating to demolish concrete slabs and footers and perform site clean up in the Clinton Presidential Park Site. M -2. RESOLUTION NO. 11,159 - Authorizing the City Manager to execute an agreement with Aetna to provide health care coverage for City employees for 2002. M -3. RESOLUTION NO. 11,160 - Authorizing the City Manager to extend the agreement with Delta Dental Plan of Arkansas to provide coverage for City employees for 2002. The consent agenda was read, including items M -1, M -2, and M -3, which were added to the consent agenda. Director Adcock made a motion; seconded by Vice Mayor Cazort to adopt the Consent Agenda as read. By unanimous voice vote of the board members present, the Consent agenda was adopted. Director Pugh recused on Item 9, and Director Keck recused on Item M- 2. The next item on the Agenda was Planning Commission Interviews: The following group was scheduled: Mr. R. Michael Batie Mr. Troy Laha Ms. Adrienne Bradley Ms. Cathryn Coston Mr. Tom Draper Mr. Robert Millar Mr. Charles H. Vestal Mr. Robert Stebbins Mr. James Vandenberg Mr. Cory Welch Each candidate was interviewed except for Mr. Robert Millar who had a conflicting schedule Citizen Communications was held next. The following group were speakers during this portion of the meeting: (Due to the large number of cards turned in for persons to speak, Mayor Dailey limited each speaker to one minute rather than three.) The first speaker was Ms. Maxine E. Biggers, 8101 Cantrell Road, representing the AARP, as the State Coordinator for Community Operations, Mr. Troy Laha, 7 Altha Circle, Mr. Roy Evans, 25 Rosemoor, .Ms. J. A. Fair, 2206 E. Dixon, Mr. Harold Lewis, III, asked the Board to keep Ottenheimer Park open, due to the large number of meetings, groups, and organizations, and youth that use the facility on a daily basis, and if closed, they would not have any facility to conduct their business, and serves as a vital part of their neighborhood. Director Adcock asked that a meeting of the neighborhood association and the AARP groups, the Latchkey Kids Program, and the City of Little Rock and the Ottenheimer Foundation, because they have expressed an interest in donating toward the building, to see what could be done about saving this building in this community. Mayor Dailey stated he didn't think anyone on the board would have a problem with creative ideas that could move something forward to salvage something worthwhile for our communities. Director Adcock asked to have Mr. Harold Lewis , III , who had spoken earlier, could be a member of the task force. The next speaker was Dr. Karmen Hopkins speaking on health care concerns in the East Little Rock area. Dr. Hopkins stated the East End Clinic for many years have served those that are elderly, those that have no insurance or are underinsured, those that have no transportation, those who have no way of getting their medicine, those that have no way of accessing health care except through this clinic, and thanked the Board, and asked that the clinic remain open. Reverend Jones, 2916 Gaines Street, Ms. Janet Miller, 2918 Izard Street, Mr. Ricky Jackson, 3424 Battery Street, Ms. Beverly Parker, 3120 Martin Luther King Blvd. spoke on disaster relief through CDBG funds, asking that staff and funds not be cut. Ms. Donna Stone, President of Midway Neighborhood Association, 4673 W. 26th Street, asked the Board to keep the Tyler Street Alert Center open, saying this center has made a lot of elderly residents feel safer, and brings the community together. Mr. Noel Washington 10505 W. 22nd was the next speaker who addressed crime, drugs and prostitution in their neighborhood. Mr. Washington accused white board members of voting against the "johns" having their pictures publicized when arrested for prostitution, and the black board members voting for it, and said the reason is because 85% of the "johns" that come into their neighborhood are white. He also said police response is slow if at all. Director Wyrick stated the 2 iW issue of taking "johns" pictures was never brought to the board for a vote. Mr. Moore, Assistant City Manager stated that it was handled administratively and it did not go before the board for a vote. Ms. Paula Abraham (no address listed) — spoke on the same issue, saying that drug sales and prostitution go on in their neighborhood at all times, there are "crack houses" in the neighborhood and the police haven't done anything about it. Mr. Joe Sims, III., stated more police were needed in this neighborhood, and they needed help in this neighborhood. Mr. Fred Abraham, Jr. 1516 W, 23rd Street, said he thought their neighborhood should be given the same consideration as the governor, and the people that live in the Quapaw Quarter, and restated that there were drug houses, and prostitution goes on all the time, and the police won't do anything about it. He said a drug raid every once in a while might help. Ms. Renee Washington, 1505 W. 22nd Street, stated there is prostitution, patrol cars pass, and do not stop the prostitution, kids outside playing see this, she said you call 911 and a lot of them are tired of the calls, you can tell, because they get smart with you. She said sometimes it takes thirty minutes for an officer to show up, sometimes its an hour or two hours, and sometimes, never. She said they need help in dealing with this in their neighborhood. Director Pugh stated this was her first time to hear about this, and she was the Ward representative, and gave her phone number to the people, and handed out her business cards, and asked these people to let her know, Mr. Noel Washington stated he had talked to her. Mr. C. W. Morgan, 2513 S. Broadway, asked for sidewalks in their neighborhood, and asked about housing improvements. Mayor Dailey suggested that Mr. Morgan work with his Ward representative on this issue, would be a good place to start. Ms. Georgia Osler, 1104 B West 29th Street, asked about getting an inspection of her home from the tornado damage, saying the Tornado Disaster Relief has fixed her home on the outside, but the inside is still torn up. Mayor Dailey asked staff to visit with Ms. Osler regarding what process to take on this matter. Ms. Dee White spoke on the City Budget. She said the Board should be ashamed because the Wildwood Arts was being funded to the gills, and Vision Little Rock was receiving $95,000 for a public relations campaign, $187,000 for the Downtown Partnership, another public relations campaign, and stated that better yet, Mr. Cy Carney's salary is $130,000, more than the governor of the State, and asked where is he tonight, he has taken away programs, and established successful projects that have benefited the elderly, the poor, the sick, the needy, the children, and Mr. Carney isn't even here to justify his $131,000 in salary. $120,000 for all the Board members, and thought the board should sacrifice before asking any of the poor, needy or elderly to sacrifice their programs. Ms. Janelle Romandia 2719 Harrison Street, spoke on the crime concerns of the Oak Forrest Neighborhood, and asked that the Alert Center serving their area not be closed. Mr. Robert Hooks, 2611 S. Jackson, asked the Baord to keep the Code Enforcement Officers in the Oak Forrest Neighborhood, saying this would jeopardize the integrity of their neighborhoods, more people moving out of the City, thus loosing tax dollars, if the officers positions were eliminated. Ms. Pam Adcock, 6205 Hinkson, asked the board not to close Ottenheimer Park, that children often wait there, playing in a safe environment, and doing their homework, until their parents can come and pick them up. She said that the center is rented on weekends for parties, reunions, church functions, weddings and receptions as well as other uses on a daily basis, and also evenings where youth programs are offered. Ms. Rose Whitehead, 2520 S. Broadway, spoke on getting sidewalks in their neighborhood. Mr. Bruce Moore, stated they would set up a neighborhood meeting to address the issue. Mr. Hyatt Lee announced that on Tuesday, Wednesday, November 13th and 14th, Dr. Richard Shore, nationally known storyteller and character actor, would be performing at the Little Rock Public Schools, on the evening of Tuesday November 13th' he would be performing for the Central Arkansas Sierra Club, the visit sponsored by the Little Rock Parks and Recreation Department and the Central Arkansas Sierra Club, and invited all to attend. Mr. Gregory Ferguson, 204 Beechwood, spoke on the Choctaw Freight Depot, saying he was trying to save the building, and gave some options where grant monies might be used in preserving the building, and asked the board to modify the demolition contract to remove the steel warehouse surrounding the building, or sit down and work this out so money is not left on the table by destroying the building. Vice Mayor Cazort moved to go into executive session to consider the various appointments to Boards and Commissions. Director Keck seconded the motion. Director Adcock voted no. The majority of the board voted in favor of the motion. The meeting recessed at 8:05 to go into the executive session. The meeting reconvened at 8:40 p.m. Mr. Bruce Moore, Assistant City Manager announced the candidates selected: 17. APPOINTMENTS: Ambulance Authority: Mr. Bill Wilder- reappointed 166 Americans with Disabilities Act. (ADA) City Beautiful Commission Commission on Domestic Violence Housing Board of Adjustment Education Commission McArthur Military History Museum Commission Little Rock Planning Commission Racial and Cultural Diversity Commission Zoo Board of Governors Mr. Ron Woods — reappointed. Ms. Ann Ivey — reappointed Ms. Sharon Vogelpohl — reappointed ( *One position left open for additional information) Mr. Jay Shue Mr. Jerry Nash- reappointment Mr. Cory Welch Mr. Frank Cox — reappointed Major General Robert Orton — reappointment Deborah Baldwin Holt McConnell Robert Taylor Mr. Fred Allen — reappointment Mr. Robert Lowery — reappointment Mr. Robert Stebbins Ms. Adrienne Bradley Ms. Brenda Session Vice mayor Cazort made a motion for the adoption of a resolution to make the stated appointments; Director Lichty seconded the motion, and by unanimous voice vote of the Board members present, the resolution was adopted, and the appointments confirmed. Grouped Items: 10 -13 10. ORDINANCE NO. 18,588 - -Z- 4654 -B - Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled Taco Bell Revised PCD located at 4424 West Markham Street, in the City of Little Rock, Arkansas, amending Ordinance No. 15, 162 and the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 9 yes, 0 no, 2 absent.) Staff recommends approval. 11. ORDINANCE NO. 18,589 - Z- 4484 -B — Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled Republic Industries — Revised PCD, located at 9812 I -30, in the City of Little Rock, Arkansas, amending Ordinance No. 14,960 and the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: 9 yes, 0 no, 2 absent.) Staff recommends approval. 12. ORDINANCE NO. 18,590 - Z- 6323 -C — Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled the Village at Rahling Road (Lot 10) — Revised PCD, located at the southeast corner of Chenal Parkway and Rahling Road (Rahling Circle), in the City of Little Rock, Arkansas, amending Ordinance No. 17,542 and the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission: 9 yes, 0 no, 2 absent.) Staff recommends approval. 13. ORDINANCE NO. 18,591 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Right -of -Way requirements and Street Construction for Union Pacific Railroad Company located east of Confederate Blvd. The ordinances were read the first time. Rules were suspended to provide for the second and third readings of the ordinances by unanimous voice vote of the board members present. By unanimous voice vote of board members present, the ordinances were adopted. 4 167 14. ORDINANCE NO. 18,592 - Z -7092 — Approving a Planned Zoning Development and establishing a Planned Development — Industrial District titled Wilbert Vault — Short Form PD -I, located at 12705 Alexander in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: 6 yes, 1 no, 3 absent, 1 abstention.) Staff recommends approval. Mr. Jim Lawson, Director of Planning and Development, overviewed the item saying it was a request for a PD -I and is property that is zoned R -2, along Alexander Road. Mr. Lawson said there were a few unresolved issues, but the issues have been resolved. He said one issue was that a mobile home was being moved, and the applicant has agreed to put a wooden screen fence in front of the mobile home, as this would obscure the view from Alexander Road. The other issue was on the other end of the property what had been agreed to happen, and the applicant, and Mr. Conner who owns the land adjoining this piece of property is that they would leave a hundred foot area that would be undisturbed, and there wouldn't be anything parked there. A post was put at that site, and inspectors had gone out and identified everything on the ground now, and in the one hundred foot strip, there is nothing there now. The applicant has agreed not to put anything back there, and at the time Mr. Conner begins to develop his land, to the south, they would put a fence back there. Mayor Dailey asked Mr. Carpenter how this would be handled if the Board wished to incorporate this in the Ordinance. Mr. Carpenter advised an amendment would be appropriate. Ms. Cathy Graves, 12705 Alexander, the applicant, stated this was a family business, and had been located in Little Rock for fifty -two years, and they have worked really hard with the neighbors to resolve every issue that had been brought up to this point. She said they wanted to be and had been a good citizen and would appreciate the Boards support. Vice Mayor Cazort asked if Ms. Graves was in agreement with the conditions Mr. Lawson had outlined. Ms. Graves replied they were, if help with the parking issue could be provided, regarding the screening issues. Mr. Lawson stated that where they had planned to put the screening fence would be where their current parking is, so they have just moved their parking over to allow for this. He said he believed that once they get to the Site Plan issue, this could be worked out. Vice mayor Cazort made a motion to make the modifications to the ordinance, as outlined by Mr. Lawson. Director Keck seconded the motion. Director Lichty asked Mr. Connor, who had sent in a letter of opposition, if here was now satisfied with the ordinance. Mr. Connor replied he was satisfied. A voice vote was taken on the motion, and by unanimous voice vote of the Board members present the ordinance was amended. The ordinance was read the first time. Rules were suspended to provide for the second and third readings of the ordinance, by unanimous voice vote of the Board members present the rules were suspended, the ordinances were read the second and third times. By unanimous voice vote of the Board members present, the ordinance was adopted. Mayor Dailey thanked Ms. Pam Adcock for her past service on the Planning Commission. 15. PUBLIC HEARING & ORDINANCE To abandon a portion of Folsom Street also known as "Foster Street ", Abeles Street, Gregg Street, also known as "Walsh Street" or "Wash" Street, East 7th Street, East 8th Street, East 9th Street and East 10th Street, pursuant to Arkansas Code Annotated Section 14 -54 -104. (Deferred to Nov. 6th) Mayor Dailey declared the public hearing open. Mr. Mark Stodola, the Airport Commission Counsel, representing the applicant, asked the Board to close streets that are north of the general aviation runway 18 -36. The intent is to increase the runway safety area for the general aviation flying public. Mr. Stodola referred to maps that had been supplied to the Board of Directors, indicating which streets were affected. Mr. Earl Mott, Airport Commission Engineer, explained some of the issues regarding various properties indicated on the maps. Pastor Maurice Brooks, 918 Corning Ave., spoke in opposition to the ordinance, saying that in the property they are picking up on Gregg Street, their church is located in an area where the church will have to endure the problems associated with closing off that area, he said it puts them in a island they cannot get into. He said his church has grown, and have tried to go into discussions with the Airport people as they were planning on making some expansions. He said they were given the okay to make the expansions, and his church has just spent $5000 on the plans to expand, and now when they close off, it would not allow them to the area to where their parking lot is located. They would have to go at least five blocks around. He said they were blocked in on all sides by the airport, and the airport has not talked to them, not come to them to even see if they have a problem. Pastor Brooks said the closing of the streets would make people have to accept what ever is offered for their property. He said the airport people have not looked at the effect this has on the area. It was decided after discussing the issue, to delay the item for two weeks to allow more discussion with Pastor Brooks with the community. Director Stewart made the motion to delay any action on the item for two weeks. There was a question to Mr. Carpenter; City Attorney if the motion should be made after the public hearing was closed. Mr. Carpenter stated it should be made after all discussion has taken place. Mayor Dailey closed the public hearing. Director Keck made a motion to keep the item on the first reading, in hopes that Reverend Brooks and his Board of Trustees can communicate with the Airport Commission, in hopes there would begin to be some understanding as to what is taking place. Director Adcock seconded the motion. Mayor Dailey declared that he was going to recognize this as Director Stewart's motion, as she was suggesting it earlier. Director Adcock stated she would second Director Stewart's motion. With a unanimous voice vote of the Board members present, the motion was accepted. The ordinance was read the first time, to be held until the November 20, 2001 regular meeting. 1.68 Director Pugh made a presentation on her visit as a representative of the Sister Cities Commission, to Taiwan, presenting slides of the trip, and gave an overview of the activities conducted during the trip. Director Pugh mentioned how wonderful and thoughtful the people were to them as the news of the September 1 lth, terrorist attacks on America began while they were there. Mayor Dailey read a thank you from the Central High Museum and Visitors Center for the City's commitment to improving race relations and benefits of diversity and for believing in Central High Museum, it's leadership and mission. 16. REPORT - City Manager's Activity Report. Assistant City Manager Bruce Moore presented the report. Mr. Moore announced that he was passing around the report that had just been received from the Urban Land Institute, the final report the group had put together for the City. A distribution process would be put in place at a later time for citizens. Mayor Dailey explained to the public that this was a report this group, commissioned by the City, had put together, dealing specifically with the area around University and Park Plaza Mall area. A motion was made by Director Keck to adjourn; Vice Mayor Cazort seconded the motion, and by unanimous voice vote of the Board members present, the meeting was adjourned at 10:00 p.m. ATTEST: I &�elz4z�) Ci4 Clerk' G APPROVED: