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MINUTES
BOARD OF DIRECTORS MEETING
City Hall — 500 W. Markham
April 15, 2003
6:00 PM
The Board of Directors of the City of Little Rock, Arkansas met in regular session with
Mayor Dailey Presiding. Assistant City Clerk, Nataki Knight called the roll with the
following Directors Present: Pugh, Vice Mayor Hinton, Adcock, Stewart, Graves, Hurst,
Keck, Wyrick, Kumpuris, Cazort, and Mayor Dailey. Directors Cazort and Vice Mayor
Hinton were not present at roll call. Director Cazort enrolled at 6:20 P.M. and Vice
Mayor Hinton enrolled at 6: 23 P.M.
Director Adcock gave the Invocation, which was followed by the Pledge of Allegiance.
Mayor Dailey asked the Board to consider the listed modifications.
Director Adcock made a motion to add M -5 to the Consent Agenda; and to add
Items M -1— M -4 to the regular agenda. Director Keck seconded the motion. By
unanimous voice vote of the Board members present the items were added as listed.
Director Keck asked the Board to consider M -4 after the Consent Agenda, and then
the grouped items. There was no objection.
MODIFICATIONS:
M -1. INTERVIEWS: Civil Service Commission
Applicants: J. Pete Jordan and Jesse L. Rancifer.
M -2. PRESENTATION: Marine Lance Corporal — Jason Smedley (Corporal
Smedley was not present to make the presentation).
M -3. PRESENTATION: Ethel Ambrose — Central High Urban Forestry Initative
M -4. RESOLUTION: 11,492 — Authorizing the Mayor to sign an agreement with
Central Arkansas Transit Authority which sets the maximum capital contribution for
Phase I of the River Rail Project, the maximum contribution for Phase I of the River Rail
Operations, and the minimum funding level of Bus Services. The resolution was read.
Director Adcock asked if this resolution is approved tonight, when would the check for
the $98,000 be written, and from which Budget the funds would be appropriated. Mr.
Bruce Moore, City Manager, stated this resolution does not give him the authority to
write a $98,000 check. This resolution expresses the desire of the Board to move Phase I
of River Rail forward. CATA staff and the CATA Chair has informed city staff these
funds would not be required until 2004. He recommended that the $98,000 be part of the
consideration for the 2004 Budget. Director Cazort stated he would not support an
interlocal agreement if it did not address the known costs, how unknown costs would be
divided, and how future expansions would be paid for, wherever they may be. Mr.
Carpenter stated he tried to draft this resolution to make it clear that the city is willing to
go forward, willing to continue with the informal funding agreement that has existed if
the three parties will sit down and draft an agreement, and stated he tried to put a
timeframe in that is long enough to get it done, and short enough to show sincerity, so
that if an agreement could not be reached, the Board could say stop relatively quickly and
not incur a great deal more expense. Director Cazort asked Mr. Carpenter if he were
confident if this resolution is approved tonight, and CATA lets the bid to lay the rail, and
an adequate interlocal agreement is not achieved, and everything is stopped, that the
city's liability will not have substantially increased from $6 million at this point. Mr.
Carpenter said he was sure of that, and was sure that there could be no person or entity
that would question the position of the City of Little Rock if this resolution were to be
passed. Director Hurst called the question. Mayor Dailey asked Mr. Carpenter to clarify
what is being voted on. Mr. Carpenter stated the Board was taking the resolution that
was sent out, adding the reference to the Budget by Director Keck and adding in Section
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3, the reference to grant monies. He stated the Clerk had read the new title. Director
Adcock asked Director Keck to read the line he added. Director Keck stated the line he
added states this would establish a budget for the project through the operation of the
capital items going forward. Director Hurst made the motion for the adoption of the
resolution, to include amendments. Director Cazort seconded the motion. By unanimous
voice vote of the Board members present the resolution was adopted.
M -5. RESOLUTION NO. 11,493 — To set May 6, 2003, as the date of a public hearing
on the issuance of Amendment 65 Revenue Bonds to build a parking garage in the River
market area and to refund previous parking bonds, and for other purposes.
PRESENTATIONS:
State Spelling Bee Champion - Miss Ann Yee, a seventh grader at Dunbar Magnet
Middle School, was the winner. Miss Yee will go on to the national spelling bee
competition in Washington DC. Director Wyrick presented a congratulatory plaque to
Ms. Yee on behalf of Mayor Dailey and the Little Rock Board of Directors.
M -1. INTERVIEWS: Interviews were conducted with J. Pete Jordan, and Jesse
Rancifer, candidates for commissioner on the Civil Service Commission.
Comprehensive Annual Financial Report Award — Ms. Linda Baker, representing the
Government Finance Officers Association of the United States and Canada, presented a
Certificate of Achievement for excellence in financial reporting to the City of Little
Rock, Arkansas.
M -3. PRESENTATION: Ethel Ambrose — Central High Urban Forestry Initiative
Ms. Ambrose stated after the tornado disasters, in 1990 with help from the City Parks
Department and the City Planning Department, 27 Willow Oak trees were planted to
replace those lost. A long -range urban forestry plan was adopted. The Arkansas Forestry
Commission through its Urban and Community Grant Program has provided an ongoing
source of funding, and has provided maintenance needs as well as planting. Awards were
presented to three winners of the essay contest at Central, sponsored by Central High
Urban Forestry Initiative and the Central High Neighborhood Association.
CONSENT AGENDA (1 -4)
1. MOTION - To approve minutes from Regular Board of Directors Meetings: January
21, 2003, February 4, 2003; Reconvened Board of Directors Meetings: January 28, 2003,
February 11, 2003, and February 28, 2003.
2. RESOLUTION NO. 11,494 - Expressing willingness of the City of Little Rock to
utilize federal -aid monies for replacement of bridge structure No. 19699 over Fourche
Creek on the Hindman Golf Course Access; and for other purposes. Synopsis: Express
willingness to use federal -aid funds to replace a deteriorating bridge into Hindman Park and Golf Course
and authorize the City Manager to execute related documents and agreements.
3. RESOLUTION NO. 11,495 - To authorize the Mayor and City Clerk to execute gas
utility easement to Centerpoint Energy Arkla for the purpose of construction of a meter
house or other appurtenances on the City of Little Rock property on Jones Street; and for
other purposes. Staff recommends approval. Synopsis: To authorize the Mayor and City Clerk
to execute gas utility easement for Centerpoint Energy Arkla for purpose of extending gas main across City
of Little Rock property.
4. RESOLUTION NO. 11,496 - To authorize the Mayor and City Clerk to execute gas
utility easement to Centerpoint Energy Arkla for the purpose of extension of a gas main
across City of Little Rock property on Thayer Street; and for other purposes. Staff
recommends approval. Synopsis: To authorize the Mayor and City Clerk to execute gas utility
easement to Centerpoint Energy Arkla for purpose of extending gas main across City of Little Rock
property.
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M -5. RESOLUTION NO. 11,493 — To set May 6, 2003, as the date of a public hearing
on the issuance of Amendment 65 Revenue Bonds to build a parking garage in the River
market area and to refund previous parking bonds, and for other purposes.
The Consent Agenda consisting of Items 1 -4 and Item M -5 was read. Director Adcock,
seconded by Director Graves made the motion to adopt the Consent Agenda. By
unanimous voice vote of the Board members present, the Consent Agenda was adopted.
GROUPED ITEMS:
5 -11
5. ORDINANCE NO. 18,846 - Z- 2559 -E — Approving a Planned Zoning Development
and establishing a Planned Office District titled Westside Jr. High School Short -Form
POD located south of West 13th Street between Wolfe and Marshall Streets in the City
of Little Rock, Arkansas, amending 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. Synopsis: The applicant proposes to rezone the site PD -R to POD to allow
the auditorium to be converted to office /clinical space for UAMS Pediatrics and Arkansas Children's
Hospital.
6. ORDINANCE NO. 18,847 - Z- 7350 -A — Approving a Planned Zoning Development
and establishing a Planned Residential District titled Markham House Villas Short -
Form PD -R located north of "A" Street between Harrison and Van Buren Streets in
the City of Little Rock, Arkansas, amending 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. Synopsis: The applicant proposes to rezone the site from R -3 to PDR to allow
the construction of 14- corporate townhouse units in conjunction with the redevelopment of the Markham
Inn.
7. ORDINANCE 18,848 - Z -7350 — Approving a Planned Zoning Development and
establishing a Planned Commercial District tilted Markham Suites Short -Form PCD
located on the northeast corner of West Markham and Harrison Street in the City of
Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and
for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends
approval. Synopsis: The applicant proposes to rezone the site form C -3 to PCD to allow the
redevelopment of the Markham Inn.
8. ORDINANCE NO. 18,849 - Z- 7092 -A — Approving a Planned Zoning Development
and establishing a Planned Industrial District titled Wilbert Burial Vault Short from
PID located at 12705 Alexander Road in the City of Little Rock, Arkansas, amending
the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes.
(Planning Commission: 9 yes, Ono, 2 absent) Staff recommends approval. Synopsis: The
applicant proposes to revise a previously approved PD -I to PID to allow specified alternative uses for the
site.
9. ORDINANCE NO. 18,850 - 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 Alexander Road. Staff recommends approval. Synopsis: Applicant
requests a five -year deferral of City ordinance and Master Street Plan requiring construction of
improvements to Alexander Road. Right -of -way will be dedicated to 45 ft. centerline.
10. ORDINANCE NO. 18,851 - Z- 6323 -F — Approving a Planned Zoning Development
and establishing a Planned Commercial District titled The Village at Rahling Road
Revised Long -Form PCD located on Rahling Circle (Lot 8B) in the City of Little
Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for
other purposes. (Planning Commission: 9 yes, Ono, 2 absent). Staff recommends
approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow the
construction of an office building on an unrecorded lot (Lot 8B).
11. ORDINANCE NO. 18,852 - Z- 2850 -A — Approving a Planned Zoning
Development and establishing a Planned Office District titled Tanner Short -Form POD
located at 216 North McKinley Street in the City of Little Rock, Arkansas, amending
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.
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Synopsis: The applicant proposes to rezone the site R -2, Single - family to POD to allow the site to develop
as general and professional office uses.
The Grouped Items. (5 -11) were read the first time. The rules were suspended by
unanimous voice vote of the Board members present, being two thirds in number, to
provide for the second and third readings of the ordinances. By unanimous voice vote of
the Board members present, the ordinances were passed.
Mayor Dailey recognized Joseph Cheek, Boy Scout Troop 29.
M -4. RESOLUTION: 11,492 —Authorizing an agreement with Central Arkansas
Transit Authority to provide an additional capital contribution for Phase I of the River
Rail Project to confirm an intent to contribute to River Rail Operations, to confirm an
intent to fund a level of bus services; and for other purposes. The resolution was read.
Mr. Tom Carpenter, City Attorney, stated that there has been several changes in the
resolution from what the Board had received last Tuesday. Director Keck made a motion
to amend the resolution (2 "d page) where it states "between the public bodies to develop
and consider a supplemental agreement between these public bodies which outlines the
specifics for construction, maintenance and operation" he wanted add " after the word
bodies, that "establishes a budget for the project and which outlines the specifics of
construction, maintenance and operations." Director Graves asked if this was for an
operating budget or an overall budget. Director Keck stated it needed to include both.
Director Cazort seconded the motion to amend. Mr. Carpenter stated that what the Board
might want to do is include Director Keck's change with the other changes before the
Board tonight. Mayor Dailey stated he had spoken to Mayor Hayes and Judge Villines,
and they had received copies of this resolution, and were fine with it. The details of the
interlocal agreement would be forthcoming. Director Kumpuris stated he would be
looking for the equality of payment and how to get from this phase to another phase, and
connections to the Heifer project. Director Cazort stated he had been uneasy about this
situation, that there should have been an interlocal agreement in place along time ago.
He said he agreed with Director Kumpuris that any interlocal agreement was going to
have to address cost that are know, costs that are unknown, how are future expansion are
going to be paid for and if there is not an agreement on all those issues, he could not
support it. Mr. Carpenter stated he tried to draft this resolution to make it clear that the
city is willing to go forward, willing to continue with the informal funding agreement that
has existed if the three parties will sit down and draft an agreement, and stated he tried to
put a timeframe in that is long enough to get it done, and short enough to show sincerity,
so that if an agreement could not be reached, the Board could say stop relatively quickly
and not incur a great deal more expense. Director Cazort asked Mr. Carpenter if he were
confident if this resolution is approved tonight, and CATA lets the bid to lay the rail, and
an adequate interlocal agreement is not achieved, and everything is stopped, that the
city's liability will not have substantially increased from $6 million at this point. Mr.
Carpenter said he was sure of that, and was sure that there could be no person or entity
that would question the position of the City of Little Rock if this resolution were to be
passed. Director Hurst called the question. Mayor Dailey asked Mr. Carpenter to clarify
what is being voted on. Mr. Carpenter stated the Board would be voting on the resolution
presented tonight, adding into the recital the reference to the Budget by Director Keck,
and adding in Section 3, the reference to grant monies. Mayor Dailey asked if there were
any reason for the Clerk to re -read the resolution. Mr. Carpenter stated the Clerk had
read the new title. Director Kumpuris stated the three major pints brought up have been
equity in all costs for this phase, equity in Phase II and costs that are known and unknown
right now and equity in future expansions and would like for Mayor Dailey and Director
Graves to take these points to the negotiations. Director Hurst made the motion for the
adoption of the resolution, to include amendments. Director Cazort seconded the motion.
By unanimous voice vote of the Board members present the resolution was adopted.
Director Adcock asked for periodic reports, and a report of when the issue goes before
the Quorum Court and the North Little Rock Council.
SEPARATE ITEMS:
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12. PUBLIC HEARING & ORDINANCE NO. 18,853 - On a petition to vacate and
abandon a portion of the alley located in Block 7 of Pfeifer's Addition, north of west
Markham and south of "A" Street, as a public - right -of -way, in the City of Little Rock,
Arkansas; and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent) Staff
recommends approval. Synopsis: The applicant is requesting a portion of the alley located in Block 7
of Pfeifer's addition be abandoned as a public right -of -way but be retained as a utility and drainage
easement. Mayor Dailey opened the public hearing. Mr. Steve Duffel, 22 Masters Circle,
Little Rock, spoke in favor of the closure. He stated this closure was related to Items 6
and 7 that had been approved earlier tonight. He said they are trying to define the
development and asking the alley be closed because these building have exterior corridor
entry, and this would be for security, of vehicular and foot traffic coming up and down
thought he neighborhoods from this area. Mr. Morris Harper, stated he was here on
behalf of lots 8 and 9. He said there is a subway sandwich store on one lot and a parking
lot on the other. He said they have owned the property since 1961 and are long -term
investors in that block. He said he was for the redevelopment of the Markham Inn, but
does not support he partial abandonment of the alley. He stated he supported total
abandonment or no abandonment, and that is based upon equality. As a property owner
the primary thing they would do is look to government for equality in taxation,
assessment, zoning and treatment, whether that be acquisition by condemnation or return
of city owned properties though abandonment, and would expect, want and hope for
equality. He stated if the alley is partially closed all owners would not be treated equally.
He said this would grant unjust enrichment to the Markham Inn property if you calculate
land cost at $10 a foot which is a nominal cot in this areas, roughly 3000 square feet of
right of way would be abandoned, and used, albeit, retaining an easement for drainage
and utilities, probably a $30,000 windfall, or more like $60,000 based upon the cost of
the project. The remaining owners of the four lots do not benefit and in fact would be
penalized because of their access to Harrison Street to the west though the alley is denied,
so their property is given less value. He said he was asking the Board of Directors to
approve abandonment of the entire alleyway. Mr. Carpenter, City Attorney, stated there
is a statute that is strictly construed and thought there would have to be a formal
application. Mr. Jim Lawson, Director of Planning and Development, stated that lot 10
and lot 11 are different owners, and thought they used the alley to come in and out with
delivery trucks, etc. He stated the main reason staff is supporting the closure of half the
alley is because it is in the middle of his development; it is not an alley where there is one
development on one side and someone else has a development on the other side. The
applicant is spending a lot of money to redevelop, and this alley goes right in the middle
of the development, and to staff this is a different kind of issue. He said in lots 11, 10
and 9, that alleyway portion has not been analyzed, and not sure if that would work
because of the coming and going on Van Buren Street, but that Mr. Harper has the right
to apply for abandonment. He stated that staff, Public Works, Fire and Police, has looked
at this from the standpoint of what the applicant has applied for. Director Cazort asked
staff to assist Mr. Harper through the process if he chooses to make an application for
abandonment. Mr. Harper asked that the fee be waived if he did petition for
abandonment of his portion of the alley. Mayor Dailey stated he didn't know about
waiving the fee, that would be something the Planning Staff would deal with, but at the
Boards request, felt staff would work with him through the process. Mayor Dailey closed
the public hearing. 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 seconds and third times. By
unanimous voice vote of the Board members present, the ordinance was passed.
13. ORDINANCE - Z- 5224 -I — Approving a Planned Zoning Development and
establishing a Planned Commercial District titled TNT Fireworks Revised Short -Form
PCD located at 18220 Cantrell Road in the City of Little Rock, Arkansas, amending the
Official Zoning Map of the City of Little Rock, and for other purposes. (Planning
Commission: 7 yes, 2 no, 2 absent). Staff recommends approval. Synopsis: The applicant
proposes to revise a previously approved PCD to allow the seasonal sale of fireworks from the site. The
proposed annual dates are from June 20'h to July 4"'
The item was read the first time. Director Adcock asked Mr. Lawson, Director of
Planning and Development, if fireworks were not allowed in the City of Little Rock
because of health and safety reasons, why would the city put them out in the County. Mr.
Lawson stated there is no law that disallows fireworks being sold in Pulaski County. Mr.
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Lawson said this is an extra - territorial area and they are only asking for fireworks sales
from June 201h to July 4th, not three to four times a year. Director Adcock said she had a
problem supporting something in the County that she would not allow in the City. Mr.
Bruce Moore, City Manager, stated the title is incorrect. The property in question is not
in the City of Little Rock. Mr. Lawson stated this was an area on Highway 10 beyond
"The Ranch" that was brought in extraterritorially years ago, and it was established at
that time as a business node, and this was zoned PCD. He said what they are asking for
is to be allowed to amend the PCD. Director Pugh asked if the people surround this
development were notified. Mr. Lawson stated that the applicant was required to advise
everyone within 200 feet. He stated that a couple of other property owners in the area
were notified as well. Vice mayor Hinton asked if this property were annexed into the
City would this business be grand fathered into the City. Mr. Lawson said it would not.
Mr. Lawson stated as the Planning Director, his concern was that the Board would turn
this down because they are selling fireworks, which are allowed outside the City limits.
Mr. Don Darnell, 7007 E. Wakefield, stated in principle he was opposed to having
establishments in or near the city that sell fireworks because they are dangerous to people
and property. Director Cazort moved to suspend the rules and place the ordinance on
second reading, Director Keck seconded the motion. There was not a majority of votes to
suspend the rules. The ordinance was held on first reading to be heard again on May 6,
2003.
14. RESOLUTION NO. 11,497 - To authorize the City Manager to enter into a contract
with Waste Management of Arkansas to provide for curbside recycling for Solid Waste
customers under an agreement with Pulaski County Regional Solid Waster Management
District; and for other purposes. Mr. Guy Lowes, Acting Public Works Director made a
brief presentation stating that the City was at the end of a seven year contract with Waste
Management. In 1995 the Board authorized the contract for curbside recycling. He said
proposals were sent out, bids were received and Waste Management was the lowest
responsible bidder. He said this contract is different in that there is a mechanism built in
so that all calls, complaints, etc. come through the city so they can be tracked. The
additional pick up of more types of plastics have been incorporated into this contract. He
stated that cereal boxes, soda cartons, etc would be included. He stated that this contract
stated that the Recycling crews would work the hours that the City personnel work. Thee
is an increase of the fee from $25.00 to $50.00 if something isn't picked up. CPI in the
last contact was 21 % for the life of the contract and this one is 20 %. He said another
main change is house counts, which would be done quarterly rather than yearly. The
contact requires that recyclables be picked up the same day as the garbage collection
date. The contract would include single- family residences up to a four -plex. Mr. Lowes
stated there would be increased services as far as picking up more items, and the cost
would decrease by nineteen cents per customer. Directors Adcock and Pugh stated there
was a need for educating customers on recyclable pickup days, what would be picked up,
etc, and asked if this contract could be amended to include this. Mr. Carpenter advised
that it was not part of the bid specs, could approach Waste Management regarding the
possibility of entering into a separate contract. Director Keck, seconded by Director
Graves made a motion to adopt the Resolution. By unanimous voice vote of the Board
members present, the resolution was adopted.
15. ORDINANCE NO. 18,854 - To amend Little Rock, Ark., Ordinance No. 18,798
(December 17, 2002), to adjust the fiscal year 2003 Budget Ordinance to note 2002
encumbrance rollovers, transfers between funds, and other adjustments; to declare an
emergency; and for other purposes. Synopsis: Nine specific FY03 budget changes need to be made
to adjust for known changes in the FY03 Budget. The ordinance was read the first time. There
was brief discussion. The rules were suspended by two - thirds vote of the Board members
present, being two - thirds in number to provide for the second and third readings of the
ordinance. By unanimous voice vote of the Board members present, the ordinance was
passed.
16. REPORT - City of Little Rock Financial Report — Bob Biles
17. REPORT - City of Little Rock Board of Directors
18. REPORT -- City Manager's Activity Report
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CITIZENS COMMUNICATIONS
Speaker: Irma Hendrix
Topic: Capitol Zoning District Issue in Legislation
Speaker: Kathy Wells
Topic: Parkland Protection
Policy Change on City Liens on vacant lots.
Creation of a City Nuisance Board
Speaker: Don Darnell
Topic: Requested an Amendment to City Code 18 -203, to strictly prohibit
possession r use of wireworks, except by licensed pyrotechnic
professionals.
Director Hurst made a motion to go into executive session to consider appointments to
the Civil Service Commission. Mr. Bruce Moore, City Manager stated the nomination
for the appointment was Mr. Jesse Rancifer. Director Keck made the motion, seconded
by Director Hurst to appoint Jesse Rancifer to the Civil Service Commission. By
unanimous voice vote of the Board members present, the appointment was made.
Director Keck, seconded by Director Hurst made a motion to adjourn. By unanimous
voice vote of the Board members present, the meeting adjourned at 8:55 P.M.
ATTEST:
Na cy Wood City Clerk
APPROVED:
7
A�tit
i Dailey, Mayor