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04-15-03Minutes: 4 -15 -03 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 Minutes: 4 -15 -03 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. 2 Minutes: 4 -15 -03 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. 3 Minutes: 4 -15 -03 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: 12 -18 C! Minutes: 4 -15 -03 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. Minutes: 4 -15 -03 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 Minutes: 4 -15 -03 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