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04-01-03Minutes: 4 -1 -03 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham April 1, 2003 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. City Clerk, Nancy Wood, called the roll with the following Directors Present: Vice Mayor Hinton, Adcock, Stewart, Graves, Hurst, Keck, Wyrick, Kumpuris, Cazort, and Mayor Dailey. Director Pugh was absent. Director Graves gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. M -1. RESOLUTION NO. 11,354 -X- To correct property description in Resolution NO. 11,354; (August 20, 2002) and for other purposes. M -2. MOTION To re -set the date of public hearing from April 1, 2003 to May 6, 2003 to rescind the Little Rock Planning Commission's action in denying a Conditional Use Permit to allow a Sonic Drive -In Restaurant on the C -3 zoned property at 2917 Cantrell Road (Planning Commission: 5 yes, 5 no, I absent). Staff recommends denial. Synopsis: The authorized agent of Sonic Restaurants, Inc. CEI Engineering is appealing the Planning Commission's action in denying a conditional use permit to allow a Sonic Drive -In on the C -3 zoned property at 2917 Cantrell Road. Applicant deferred item from April 1, 2003 to May 6, 2003. DEFERRALS: 8. PUBLIC HEARING &RESOLUTION - Z- 7270 -A — To rescind the Little Rock Planning Commission's Action in denying a Conditional Use Permit to allow a Sonic Drive -In Restaurant on the C -3 zoned property at 2917 Cantrell Road. (Planning Commission: 5 yes, 5 no, I absent). Staff recommends denial. Deferred by Applicant to May 6, 2003. 12. ORDINANCE NO. - To require an election before any land that is dedicated for park purposes, or shown on the Parks Master Plan is subject to alienation; to declare an emergency; and for other purposes. Item was deferred to May 6, 2003. Director Cazort moved to add items M -1 and M -2 to the Consent Agenda, and defer Items 8 and 12. Vice Mayor Hinton seconded the motion. By unanimous voice vote of the Board members present the modifications were made to the agenda. PRESENTATIONS: Colossal Colon Tour — Mr. Bernie Sherwood. The Consent Agenda consisted of Items 1 -6 and Items M -1 and M2. 1. RESOLUTION NO. 11,482 - To set the date of public hearing for April 15, 2003 on a petition requesting abandonment of a portion of the alley located in Block 7 Pfeifer's Addition, to be abandoned as a public right -of -way but retained as a utility and drainage easement. (Planning Commission: 10 yes, 0 no, I absent). Staff recommends approval. Synopsis: The applicant is requesting a portion of the ally located in Block 7 of Pfeiffer's Addition be abandoned as a public right -of -way but retained as a utility and drainage easement. 2. RESOLUTION NO.11,483 - Awarding a contract to LEG Enterprises, Inc. to furnish and install traffic signal equipment for the Barrow Road /Clover Hill Road Intersection Signalization. Synopsis: Authorizes the City Manager to execute an agreement with LEG enterprises, Inc. to furnish and install signal equipment for Barrow Road/Clover Hill Intersection signalization. Minutes: 4 -1 -03 3. RESOLUTION NO. 11,484 - To authorize the City Manager to enter into a contract with Jamalliah Reheim, in the amount of $9,392 for property located at 2015 West 29th Street in the City of Little Rock, in the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan (TNEP) area. Synopsis: Ms. Rehiem owns the property located at 2015 W. 29`h Street in the TNEP area. Ms. Rehiem plans to extensively rehabilitate this single - family residence and is requesting $9,392 in TNEP funds to complete the $46,960 project. 4. RESOLUTION NO. 11,485 - To authorize the City Manager to enter into a contract with University Truck Center in the amount of $60,274.36 for the purchase of two (2) 4 -Wheel Drive '/2 Ton Carryalls for the Little Rock Fire Department. Synopsis: Four (4) bids were received for bid #03214. University Truck Center is the low bidder meeting minimum specifications. 5. RESOLUTION NO. 11,486 - Approve the appointment of Doug Beard to the Oakland Fraternity Cemetery Board. 6. RESOLUTION NO. 11,487 - To approve the appointment of Blair Allen to the Advertising and Promotions Commission. The Consent agenda was read, including Items M1 and M -2. A motion was made by Director Adcock, seconded by Director Cazort to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. CITIZENS COMMUNICATIONS Speaker: Ellen Hammond Hagood Topic: Vacant lots on North Street Speaker: Pat Gee Phyllis Day Topic: Opposed to sexually oriented Businesses near day care centers Speaker: Mollie Irwin Topic: Thanks to the City for getting a step closer to installing the traffic signal at Barrow Road and Henderson Middle School. Speaker: Don Darnell Topic: Commending Mr. Guy Lowes on the great job he is doing as the Interim Director of Public Works 7. ORDINANCE NO. 18,846 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Improvements for Frazier Pike. (Staff recommends approval). Synopsis: Applicant requests a five -year deferral of City Ordinance and Master Street Plan requiring dedication of right of way and construction of improvements to Frazier Pike in the Little Rock Port area. The ordinance was read the first time. The rules were suspended to provide for the second and third readings of the ordinances by two - thirds vote of the Board members present, being two - thirds in number. The ordinances were read the second and third times. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinance was passed. 8. PUBLIC HEARING & RESOLUTION NO. - Z- 7270 -A — To rescind the Little Rock Planning Commission's Action in denying a Conditional Use Permit to allow a Sonic Drive -In Restaurant on the C -3 zoned property at 2917 Cantrell Road. (Planning Commission: 5 yes, 5 no, I absent) Staff recommends denial. synopsis: The authorized agent of Sonic Restaurants, Inc. CEI Engineering is appealing the Planning Commission's action in denying a conditional use permit to allow a Sonic Drive -In on the C -3 zoned property at 2917 Cantrell Road. (The item was deferred to May 6, 2003, at the applicant's request.) Mayor Dailey stated he did not have cards turned in to speak on Items 9 and 10, and asked for consensus of the Board to open and close the public hearings on each item, and then to group the items. Minutes: 4 -1 -03 9. PUBLIC HEARING & ORDINANCE NO. 18,847 - To abandon that portion of the undeveloped West 35th Street right -of -way located between Blocks 169 and 170, John Barrow Addition (between Barrow Road and Ludwig Street) and the south 96 feet of the undeveloped ally right -of -way located within Block 170, John Barrow Addition. (Planning Commission reviewed issue at the February 20 2003 meeting). Staff recommends approval. Synopsis: The abutting property owners' request to abandon that portion of the undeveloped West 35th Street right -of -way located between Blocks 169 and 170, John Barrow Addition (between Barrow Road and Ludwig Street), and the south 96 feet of the undeveloped alley right -of -way located within Block 170, John Barrow Addition. 10. PUBLIC HEARING & ORDINANCE NO. 18,848- To abandon the 50 -foot wide Battle Road right -of -way from W. 65th Street north to the Union Pacific Railroad right - of -way. (Planning Commission: 10 yes, Ono, I absent). Staff recommends approval. Synopsis: The abutting property owner's request to abandon the 50 -foot wide Battle Road right -of -way from West 65th Street north to the Union Pacific Railroad right -of -way. Mayor Dailey opened the public hearings on Items 9 and 10. There were no speakers present to speak in favor or in opposition to Item 9. Mayor Dailey announced he had one card filled out by Mr. Don Darnell to speak in favor of Item 10. Mr. Darnell stated since there was no opposition to the item; he would choose not to speak. Mayor Dailey closed the public hearings on items 9 and 10. The ordinances (Items 9 & 10) were read the first time. The rules were suspended to provide for the second and third readings of the ordinances, by two - thirds vote of the Board members present. The ordinances were read the second and third times. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinances were passed. 11. PUBLIC HEARING & ORDINANCE NO. 18,849 - To establish a Redevelopment District in the City of Little Rock, Arkansas; to describe the boundaries for this proposed redevelopment district; and for other purposes. Mayor Dailey declared the public hearing open. Mr. Tom Carpenter, City Attorney, explained that the ordinance before the Board was to essentially set the boundaries for a redevelopment district, and that is all it does. For any individual development project to occur other actions would have to take place first and other specific ordinances would have to come back to the Board. He said that like the Midtown Development Ordinance that was passed at the last Board Meeting, this one basically just sets the general parameters for a redevelopment district in the Southwest Little Rock area. Mr. Tom Hodges, developer, presented a video presentation describing the Bass Pro Shop concept. Mayor Dailey asked Mr. Carpenter to explain the Tax Increment Financing that would be used to help fund redevelopment districts. Mr. Carpenter stated that the General Assembly offered as a Constitutional Amendment at the last election, a financing mechanism for Arkansas that is also used in several states around the country. The purpose of it is to find areas that are depressed or not developed or if they were developed could bring new employment to a locality and to recognized property taxed based systems for government financing and school financing as indicated in this development, may be getting a depressed amount for the property but could be increased if it were developed. He used the example of having a piece of property worth $1000 and it gets 20 mills assessed on it, that would bring in a small amount of money, but if that property is redeveloped so that it has a structure on it that is worth several hundreds of thousands of dollars, then the percentage for property tax would be significant. To do that, the Constitution permits a process where the initial taxing increases instead of going to the governments would go to help pay for bonds that would make these developments occur, so they would continue on the tax levels at the higher amount instead of the lower amount; that they bring employment to the area, and they keep the area from becoming blighted and a problem for the local governments. In Arkansas the maximum time frame is twenty -five years. At the end of that period of time if the property were taken from $1000 value to a $500,000 value, then once the bonds are paid off, the local governments and the school districts would start receiving the tax revenues at the $500,000 amount. In the interim period of time, the local governments, the schools, the libraries are free to try to negotiate some modification so that there can be some increase for those expenditures. This is what is called Tax Incremental Financing, the incremental increase in the property tax is initially used to pay for the development, and then used to help pay to the local governments. The statutory scheme that was passed after the Amendment was that the local government holds a public Minutes: 4 -1 -03 hearing as to whether or not to create a redevelopment district and at that hearing to set forth the boundaries for that district. That is what is before the Board tonight. Once that is done, the next step is to actually have a commission appointed, if they wish to do so for particular projects, and then to make recommendations and work out agreements with the local government the school districts, the development community to approve a particular project. That would come back to the Board as an ordinance and then Tax Increment Financing Bonds, paid for that way would come forward. All that would be done tonight would be to approve the outline of a district that would become the City's second redevelopment district. Mr. Carpenter stated that the Board of Directors would always have control over specific projects that develop in the districts. There was lengthy discussion regarding the project. Mr. Tommy Hodges, developer of the proposed project, stated he would be brief and would be available to answer questions. He said the vision of the project is that Bass Pro would locate on thirty acres, as a part of a complex. He said Bass Pro normally needs about nine acres, but have asked for thirty acres here, and he said they were already talking to a major hotel, and a national wildlife museum about being part of this project. He said even though it has not been approved, it seemed to be growing a life of its own. In addition to those things, which are later elements of the project, together with neighbors, have given the Arkansas Game and Fish Foundation two hundred and eleven or more acres. Their commitment is to build and operate a conservation and education park, mostly for education, in concert and in partnership with Bass Pro who would spend money on the park and assist in operating the park. The idea for the park is that it would be hiking trails, camping, a small existing lake, would be made larger to teach fishing and boating, and those kinds of activities would go on there everyday. It is envisioned that it would serve school children throughout Central Arkansas. Mr. Hodges showed slides of the Dallas, Texas Bass Pro Shop store, which would be similar to the one proposed, but with more square footage. He said Bass Pro would have 220 full -time equivalent jobs, in excess of a $4 million payroll; the construction budget is $22.5 million dollars for the building and facilities. He said a study was done by UALR, on the tourism impact, and the estimate is that there would be roughly $39 million in sales in the first full year. Janet Berry, 8013 Mabelvale Cutoff, Troy Laha, 7 Althea Circle, Frank Taylor, 12 Honey Bear Court, David Pike, 7 Bear Trail Cove, Barry Travis, 81 Woodlore, Circle, spoke in favor of the project, saying it would mean a big boon in economy to the Southwest Little Rock area. Frank Barton, 400 N. Bowman Road, Marty Ward, 12101 W. Markham Street, Kathy Wells, Bobby Roberts, 100 Rock Street, spoke in opposition to the project, mainly due to tax issues, and putting small businesses out of business, and the lack of policy to govern these development districts. The ordinance was read the first time. The rules were suspended by two - thirds vote of the Board members present to provide for the second and third readings of the ordinance. The ordinance was read the second and third times. A roll call vote was taken and recorded as follows: Directors: Hurst, Cazort, Keck,Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton and Mayor Dailey voted yes. Director Stewart abstained, and Director Pugh was absent. The ordinance was passed. 12. ORDINANCE NO. - To require an election before any land that is dedicated for park purposes, or shown on the Parks Master Plan is subject to alienation; to declare an emergency; and for other purposes. (The item was deferred to May 6, 2003). 13. REPORT - City of Little Rock Board of Directors 14. REPORT - City Manager's Activity Report — Mr. Moore, City Manager announced the April 22nd work session for the Board of Directors would be held at the Neighborhood Resource Center at 4:00 P.M. Mayor Dailey requested that a reconvened meeting be held on Wednesday at a time when each Board member could be present. The meeting would be to call for a vote on the Memorandum of Understanding with CATA. Mr. Moore, City Manager announced there would also be PIT contracts submitted for approval at the reconvened meeting. Director Keck, seconded by Director Cazort, made a motion to go into executive session to consider appointments to Boards and Commissions. By unanimous voice vote of the Board members present, the meeting was recessed at 8:00 PM. The meeting reconvened at 8:30 P.M. M Minutes: 4 -1 -03 Mr. Moore announced the nomination of Ms. Doris Freer for the Community Housing Advisory Board, and the reappointment of Stacy L. Williams to the Zoo Board of Governors, a motion was made by Director Adcock, seconded by Director Cazort to make the appointments as listed in Resolution No. 11,488. 15. RESOLUTION NO. 1,488 — To make appointmentss to the Community Housing Advisory Board and to the goo Board of Governors. Doris Freer, was appointed to fill the unexpired "for - profit' term left vacant by Del Berry, said term expiring on June 2, 2004 on the Community Housing Advisory Board. Stacy L. Williams was reappointed to serve a second three -year term, said term expiring on February 16, 2006 on the Zoo Board of Governors. . A motion was made by Director Cazort, seconded by Vice Mayor Hinton to recess the meeting to April 9, 2003 at 5:00 PM. By unanimous voice vote of the Board members present, the meeting was recessed at 8:45 PM ATTEST: y Woo Ci Clerk APPROVED: qw- 4i Dailey ayor 5