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04-16-02Minutes April 16, 2002 MINUTES Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas April 16, 2002 6:00 PM 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: Hinton, Pugh, Stewart, Graves, Lichty, Kumpuris, Keck, Adcock, Wyrick, and Mayor Dailey. Director Keck gave the invocation, which was followed by the Pledge of Allegiance. Modifications consisted of the following items: ADDITIONS M -1. RESOLUTION NO. 11,272 - To authorize the City Manager to enter into the State Contract for bids on cellular phone service for the City of Little Rock, Arkansas. M -2. RESOLUTION. NO. 11,274 - To ratify Ms. Wilma Swinney's appointment to Resident Commissioner to the Housing Authority of the City of Little Rock, Arkansas. M -3. RESOLUTION NO. 11,273 - To authorize the City Manager to enter into a contract with Mr. Fred Sanders for property located at 3104 South State Street in the City of Little Rock, Arkansas in the amount of $6,080 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. A motion was made by Vice Mayor Cazort, seconded by Director Keck to add the additions to the Consent Agenda. By unanimous voice vote of the Board members present, the modifications were made. Mayor Dailey asked that the Board consider Item 15 to immediately following the consent agenda. A motion was made by Director Keck, seconded by Director Adcock to move Item 15 to be considered immediately after the consent agenda. By unanimous voice vote of the board members present the motion carried. PRESENTATION: (April 16, 2002) Rebuilding Together Central Arkansas — Jimmy Pritchett CONSENT AGENDA (1 -10) 1. MOTION - To approve minutes for regular meetings: January 2, 2002 & January 15, 2002. 2. RESOLUTION NO. 11,261 - To approve uses of 2002 HOME funds balance. 3. RESOLUTION NO. 11,262 - To authorize the City Manager to enter into a contract with Ms. Earnestine Pettus for property located at 3311 S. Gaines Street, Little Rock, Arkansas in the amount of $7,460 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. 4. RESOLUTION NO. 11,263 - To authorize the City Manager to enter into a contract with Ms. Betty Treet for property located at 2704 S. Chester Street, Little Rock, Arkansas in the amount of $5,150 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. 5. RESOLUTION NO. 11,264 - To authorize the City Manager to enter into a contract with Ms. Irene Tillman for property located at 2711 S. Gaines Street, Little Rock, Arkansas in the amount of $6,980 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. 6. RESOLUTION NO. 11,265 - To authorize the City Manager to enter into a contract with Ms. Gwen Vines for property located at 2306 S. Pulaski Street, Little Rock, Arkansas in the amount of $5,750 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. Minutes April 16, 2002 7. RESOLUTION NO. 11,266 - To authorize the City Manager to enter into a contract with Ms. Sara Facen for property located at 3003 Cross Street, Little Rock, Arkansas in the amount of $6,980 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. 8. RESOLUTION NO. 11,267 - To authorize the City Manager to enter into a Communication Services Agreement with the City of Cammack Village, Arkansas for 800 MHZ Trunked Radio Services; and for other purposes. 9. RESOLUTION NO. 11,268 - To authorize the City Manager to enter into a Communication Service Agreement with the City of Maumelle, Arkansas for 800 MHZ Trunked Radio Services; and for other purposes. 10. RESOLUTION NO. 11,269 - To establish a collaborative regional effort for the redevelopment of the Junction Bridge with the Downtown Partnership, the City of North Little Rock, Arkansas, Main Street Argenta, the Pulaski County Arkansas Quorum Court, and the appropriate county Public Facilities Board; and for other purposes. The Consent Agenda was read and included Items M -1, M -2, and M -3. (Modifications as listed above. A motion was made by Vice Mayor Cazort, seconded by Director Adcock, to adopt the Consent Agenda. By unanimous voice vote of the board members present, the Consent Agenda was adopted. The next item for consideration: 15. RESOLUTION NO. 11,271 - To authorize local government endorsement of The William J. Clinton Presidential Foundation to participate in the Advantage Arkansas Program; and for other purposes. Director Lichty recused on this issue saying that he would like more information and had questions that would serve no purpose in asking at tonight's meeting. Mayor Dailey asked for the resolution to be read. The resolution was read and discussion on the item followed. Mr. Bruce Moore, Acting City Manager, stated that staff recommended passage of the resolution. Mr. Mike Dooley, Economic Development Administrator, outlined the Advantage Arkansas Program, saying it is a tool the State Legislature crafted in 1983 to attract manufacturing jobs to depressed areas of Arkansas. Since then the program has morphed into an incentive that counties and cities can offer businesses when they relocate to Arkansas or wish to expand. Mr. Dooley stated the state would take the brunt of reduced revenue, followed by the county and the city. The amount of the refund would depend on how much the foundation spends on building materials and equipment while building the complex. Those speaking in favor of the endorsement were: Mr. James Shimmer, Executive Director of The Downtown Partnership, 400 W. Markham; Mr. Mark Johnson, 3 Broadview Drive; Mr. Bob Birch, Chairman of the Little Rock Regional Chamber of Commerce; Mr. James Gregory, 1225 Eye St. NW, Washington, DC. Reasons for endorsement were cited, as the presidential park would bring in a good source of additional revenue. This project moving forth would break the barrier and begin development on the east side of I- 30. It was explained that this is not something that would hurt the City's budget, that there would be economic spin -off, and the gains would be far greater then the cost. The net result would be an increase in revenues. These speaking in opposition to the endorsement were: Mr. Don Darnell, 7007 E. Wakefield Dr.; Mr. Gene Pfeifer, 16300 Cantrell Road. Mr. Chris Parker, 221 Ridgeway; The reasons cited for opposition was the city losing tax dollars though the refunding, the physical soundness of the city, and the public confidence of the voters in the city. There was also a question of whether the projection made in 1997 of attracting over 300,000 people annually was accurate. They challenged that this commitment was merely a follow up of a previous commitment, that the question of sales tax rebates never came up during any of the previous discussions and questioned the legitimacy of Little Rock being truly the corporate headquarters of the foundation, and stated that the city, county and state could use the money better than the foundation. The board conducted a thirty- minute dialog with the citizens speaking on the subject. A motion was made by Director Adcock to approve the resolution; seconded by Director Kumpuris and by a unanimous voice vote of the board members present, the resolution was approved. The vote was 10 yes, 1 recusal. Grouped Items: 11 -12 11. ORDINANCE NO. 18,874 - Z- 4602 -A — Granting Alltel Cellular Associates a waiver of the landscaping and screening requirements for an existing Wireless Communication Facility located at 13629 Saddle Hill Road (Morrison Road Site.) 2 Minutes April 16, 2002 12. ORDINANCE NO. 18,875 - Z- 6054 -A — Repealing Ordinance 17,018 which established B.F. properties — Long Form PDC and providing for the reclassification of property located on the southwest corner of the Stagecoach Road and Crystal Valley Road Intersection in the City of Little Rock, Arkansas, amending Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. The ordinances (Item 11 and 12) were read the first time; rules were suspended to provide for the second and third readings of the ordinances, by two - thirds vote of the board members present. By unanimous voice vote of the board members present, the ordinances were passed. Director Lichty was not present for the vote. Mayor Dailey recognized members present of Boy Scout Troop 770. 13. - PUBLIC HEARING & ORDINANCE NO. 18,676 - To abandon a portion of West 16th Street at the railroad crossing in Worthen and Brown Addition to the City of -- Little Rock, Arkansas. Mayor Dailey declared the public hearing open. Mr. Jim Phillips, 2616 W. 15t" Street ,spoke in support of the closing of the street between Jones and Woodrow saying the crossing on at that location is a non - accessible crossing most of the time and creates an excessive noise level of the citizens of the community. The majority of the time the crossing is either blocked by trains sitting on the track and /or trains that are waiting south of 16th Street in the switch yard; therefore the arms are down and the bells are ringing. Mr. Phillips presented a petition signed by most of the residents in the area. Mr. Alan Thompson, P. O. Box 597, representing Higher Ground Electric Company spoke in opposition of the closure. He said he supported the neighborhood association, and the only matter he was in disagreement with is, where precisely on 16thh Street the closing would occur. He said 15th Street at present is blocked at the railroad track, which is a good idea, but to close it at Jones Street would create a hardship for the comps% He said they don't cross 16th Street at that point, and felt it a good idea to close 16 Street on either side of the track, but there is space they use for access on Jones Street. His suggestion was to close the street closer to the railroad track and not at Jones, which is right across from the Central High Football Stadium. Mr. Carpenter, City Attorney, made the board aware that the city didn't need as much of the street closed as stated in the resolution. Mr. Bob Turner, Public Works Director stated that the ordinance addressed a much broader area than needed. He said staff only wants to close the 16th Street portion at the railroad track, basically abandon ten feet on either side of the railroad so a barricade could be erected. He stated the remainder of 16th Street on either side would be more desirable left open to serve the people adjacent to the street. Mr. Turner stated the ordinance was written inadvertently closing the entire street between Woodrow and Jones and that was not the intent. Mr. Carpenter clarified that the amendment would come in Section 1 of the resolution, and the language would be amended to reflect the discussed location. Director Hinton made a motion, seconded by Director Stewart, to amend the resolution. A voice vote was taken, and there was unanimous agreement to amend the resolution. Mayor Dailey closed the public hearing. The ordinance was read the first time, as amended. The rules were suspended to provide for the second and third readings of the ordinance by two - thirds vote of the board members present. By unanimous voice vote of the board members present, the ordinance was passed. Director Lichty was not present for the vote. 14. RESOLUTION NO. 11,270 - Authorizing eminent domain on the 401h Street Project. Mr. Bob Turner, Director of Public Works overviewed the project saying it was a CDBG residential street project initiated by a citizen committee in the year 2000. It has progressed through the design, and is in the process of the right -of -way being completed. He stated there are seven properties the city has to have the frontage for right -of- way on the project. He said six have been purchase, and have been unable to agree with the seventh and last property. He said it is a vacant piece of property zoned residential that has no houses or buildings on it. He said the owner counter offered their appraised value with three times the offer that the city made, and felt it was a financial question that ought to be resolved by commissioners by the normal eminent domain process. Director Hinton made a motion to adopt the resolution; Director Stewart seconded the motion, and by unanimous voice vote of the board members present, the resolution was adopted. Director Lichty was not present for the vote. 16. PUBLIC HEARING & ORDINANCE NO. 18,677 - To establish Kanis Municipal Improvement District No. 10. (2 "d Reading.) The ordinance was read the third time. Director Adcock asked about changing the district and remove a portion of property from he district. Mr. Carpenter stated that was not an option, except to pass the ordinance. Mayor Dailey stated that he did not think any of the board felt good about the impact this would have on Ms. Gibson property, based upon her testimony before the board, but that on two successive meetings, Mr. Carpenter has stated there is no option as part of due process of law, but to pass the ordinance. Director Adcock asked the attorney for the district if there were not something that could be done to help this family. Mr. David Menz, the attorney representing the district, said if she were removed from the 3 Minutes April 16, 2002 district, and the improvements were made, there would be the odd situation of a five land street coming down to her property, and then no improvements being made there, so the whole thing would be a waste of time and effort because if she was not in the district she would not be entitled to any of the benefits, and the street could not be paved five lanes all the way through. Director Adcock asked at what point Ms. Gibson would have to pay the assessment. Mr. Menz stated at the meeting with the land owners, the process was to get the district established so that sources of funding could be sought other than using assessed benefits against the land. He stated it would be a long process. He said for instance Chenal Parkway took five years and that was only twelve property owners. He said it takes a long time because there is always a gap between what you want and what it costs to put those things together where it works financially. He said you have to wait until the interest rate market is right, until the assessments can support the bond issue, and that this was just the initial step. He assured the board nothing would probably happen for the next three or four years. Mayor Dailey asked if other persons wanted to become a part of the district, how would that be done. Mr. Menz said if other property owners wanted to join the district they would sign a petition much like this one, asking to be annexed to the district and a public hearing would be conducted, and they would appear at the board meeting, and the city board would pass an ordinance enlarging the size of the district. A voice vote was taken, and by unanimous voice vote of the board members present, the ordinance was passed. Mayor Dailey failed to recognize Director Stewart before the vote was called, and asked for the vote to be expunged. Director Keck made a motion to expunge the vote, Director Wyrick seconded the motion, and by unanimous voice vote of the board members present, the vote was expunged. Mayor Dailey then recognized Director Stewart, who asked for the Mayor to recognize Ms. Gibson, the owner of the property being discussed. Mayor Dailey stated he did not have a card turned in for Ms. Gibson, but asked her if she wished to address the Board, to come forward and do so. Ms. Gibson, said she did not wish to address the Board, that she pretty much knew the situation. A voice vote was taken and recorded as follows: Directors: Hinton, yes, Pugh, yes, Graves, yes, Keck yes, Wyrick, yes, Kumpuris, yes, Adcock, yes, Mayor Dailey, yes, Director Stewart no, Director Lichty and Vice Mayor Cazort, not present for the vote. The ordinance was passed. 17. ORDINANCE NO. 18,667 - To amend Little Rock, Ark., Rev. Code 2 -243 to identify veterinarian services as a professional service; and for other purposes. (Third Reading.) The ordinance was read the third time. Note: The ordinance was placed back on the agenda from the April 4th meeting due to it being a requirement by law that ordinances of this nature require two separate meetings. Mr. Jimmy Pritchett, Director of Housing and Neighborhood Programs, gave a presentation on Rebuilding Together Central Arkansas. Mr. Pritchett said the program helps low income home owners. He said non - profit facilities would be available for assistance through individual chapters. The projected impact nationwide for this year is 8,050 houses and non - profit facilities would be rehabilitated using 257,250 volunteers working in 865 cites and towns across America with 260 affiliates located in all 50 states. The total accumulative impact since inception of the program is a total of 63,000 houses and non - profit facilities have been rehabilitated using 1.8 million volunteers committed to 20 million hours of volunteer time. He said the way the Central Arkansas program is set up is that it would be available year round as long as a need is identified and there is a volunteer group and funds to access the supplies. The goal was to approved these services as they become aware of the need. He said the local sponsors are the City of Little Rock, the City of North Little Rock, Alltel, the Junior League of Little Rock, UALR Construction Management Program, Bank of America, Entergy, and the Little Rock Air Force Base, who have donated the labor of their construction unit to come out and put a roof on a house. He said material, food, and refreshment and some in kind gifts had come from Home Depot, and Wal -Mart; Kentucky Fried Chicken, Coca Cola and Central Arkansas Water would supply food and drink for the volunteers. Mr. Pritchett announced April 27th was the start date and work would begin on five homes that had been identified as rehab homes. He said a press conference would be held on April 23`a Mr. Pritchett thanked the Mayor, the Board and Mr. Moore for their support and also recognized Shayla Beebe, Mayor Dailey's assistant, for her efforts toward the program. 18. REPORT - Little Rock Board of Directors Director Keck gave a power -point presentation on Emergency Preparedness — Director Keck said he felt it important the city look at what needs to be done to be better prepared to respond at a time of emergency. He said he had taken the opportunity in the past two months to engage in a couple of educational opportunities, one at the National League of Cities on March 9th, where there was a class on Effective Leadership in the Management of Crisis, and at the Kennedy School of Government in Boston on April 3`a through April 6th, where the class was entitled "Crisis Management- Exercising Leadership in Extraordinary Times." Director Keck said it was stimulating to act with 4 Minutes April 16, 2002 colleagues across the country in Washington, to learn more about the Homeland Security Bills circulating in Washington. He gave examples of recent disasters that were used as case studies in the educational seminars. Director Keck said there are things that can be done better here in the City of Little Rock such as going through likely scenarios, equip the city according to the scenarios the city is likely to see, and in addition to preparing and equipping, there needed to be some exercises according to those scenarios in a consistent manner. He said the city needed to establish and maintain all relationships to respond to emergencies. Director Keck gave some examples of things that the city might incorporate, some with existing structure and some that will need discussion on how to get there. He stated there needed to be an assessment of what emergencies the city needs to prepare for and what can be done to minimize the impact. In the area of preparedness he said there is a need to evaluate what additionally needs to be done for these potential situations. He said the city needed to be ready to respond by exercising on a regular basis for these emergencies and prepare for recovery in advance. There are some things that the city can do to minimize the impact of some of the disasters the city may face. He said a realistic approach needed to be taken as to what needs to be prepared for, such as tornados, winter weather, earthquakes, etc.; prepared for mass casualty incidents, and even terrorist attacks. He said the city needs to be prepared to better educate the public on fire safety, and thought it is important to take an education initiative for the public utilizing FEMA material in print and on television. He said they have a wealth of information available for the city's use at no cost. The information could be posted on the city access channel and on the website. Director Keck stated a ready list of resources needed to be available and how to access the list, such as listing key people and keeping the list updated and relationships need to be maintained, and partnerships made. He stated there needed to be coordination with the hospitals, the state health department and the local medical community to respond to not only bio- terrorism events but also any type of widespread disease outbreak in the community. He spoke on using volunteer efforts of active and retired medical staff , coordinated to respond of any type of emergency. He said having people prepared in advance would help in the response at the appropriate time, exercising and drilling on a regular basis. He stated there are equipment lists from both the police and fire departments necessary for them to complete their jobs, and needed to make sure these units have the equipment they need. He spoke of a need to have two new fire stations built, equipped and staffed. Director Kumpuris asked for an action plan regarding the preparedness. Director Keck stated he would be happy to work with the City Manager in developing the plan. 19. REPORT - City Manager's Activity Report. Mr. Moore passed out the February 2002 monthly financial report, and an announcement from the Small Business Administration notifying the City that James Turner who is the administration of the City of Little Rock Small Business Incubator Service System has been chosen as the 2002 Minority Small Business Advocate of the Year for the State of Arkansas. CITIZEN COMMUNICATIONS Ms. Mollie Irwin, 507 Deerbrook Road, spoke on the continued need for the traffic signal at Barrow Road and Henderson Middle School. ATTEST: APPROVED: Na4 Wood, ity Clerk rj Jiailey, Mayor