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05-13-03MINUTES Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas May 13, 2003 4:00 PM The Board of Directors of the City of Little Rock, Arkansas met in a reconvened session with Mayor Dailey presiding. The roll was called by City Clerk, Nancy Wood, with the following Directors present: Pugh, Hurst, Stewart, Kumpuris, Keck, Adcock, Graves, Cazort Wyrick, Vice Mayor Hinton, Mayor Dailey. The items considered were as follows: Director Adcock made a motion to add the following item to the reconvened meeting. Director Cazort seconded the motion, and by unanimous voice vote of the Board members present, the item was added. MODIFICATIONS: M -1. ORDINANCE NO. 18,865 - To reclassify property located along the east side of Mabelvale Pike approximately 600 feet south of Interstate 30 from R -2 (Single Family Residential) to C -4 (Open Display District) in the City of Little Rock; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent). Staff recommends approval. The first item for consideration: 1. ORDINANCE NO. 18,864 — To call a Special Election in the City of Little Rock, Arkansas, on the question of whether to levy a one half of one percent (0.5 %) Municipal Gross Receipts and Compensating Use Tax within the City of Little Rock, Arkansas, pursuant to Arkansas Code Annotated 26 -75 -201, ET, SEQ. to be used for Capital Improvements and maintenance of streets and drainage; to prescribe other matters that pertain to the levy and the election, to declare an emergency; and for other purposes. Former Little Rock Board of Director, Larry Lichty, representing Little Rock Now, gave a summary of the proposed initiative. The Corporation Officers of Little Rock Now, Inc. were introduced as Ms. Janet Berry, President, Jesse Mason, former Little Rock Board of Director, Vice President, John Gill, Secretary, Bill Rector, Treasurer. He asked all those who are on the Board of Directors who were present to stand and be recognized. Mr. Lichty stated this particular effort of Little Rock Now was borne out of the Vision Little Rock process which was the two year process the City Board commenced two or three years ago. The number one fund recommendation of that two -year process was that infrastructure needs of the City be addressed. Mr. Lichty stated the infrastructure needs were recognized as far back as Future Little Rock, and really geared up with the formation of the Mayors Task Force on Infrastructure. He said there was a Building a Better Little Rock Campaign, which was followed in 1999 by UALR's Report, A Long- term Economic Development Recovery Plan and Finding Strategies trategies for Little Rock, and in 2000 Metro -Plan's executive summary addressed the issue of infrastructure. The one common thing goal was the need to call for new revenue to finance the infrastructure. He stated the need for revenue was addressed again last year when the County Sales Tax, the component on Capital Improvements, did not pass. Embedded in that initiative was the -- City's component on public safety that barely failed. That was the thing that provided some importance to the fact that there are people in the City who wanted to do something specifically for the City of Little Rock, and out of that was borne Little Rock Now. He stated that four months ago many dedicated committed and interested citizens of Little Rock came together to try to address the challenge of Vision Little Rock infrastructure and come up with a way that they might answer the call of finding the money to finance infrastructure projects. As a result the Little Rock Now proposal states simply that a Special Election be held in Little Rock on July 22, 2003, that a half cent sales tax is established that would sunset after five years, that would be dedicated exclusively to fixing streets, drainage, and traffic control. One other component of this initiative is the Citizens Oversight Committee or Commission, which has been proposed that the City Board adopt, that would be challenged with the responsibility of making sure any tax dollars collected under this tax would be spent as intended by the voters of Little Rock. Mr. Lichty turned in the petitions collected by Little Rock Now to the City Clerk. Ms. Janet Berry, 8013 Mabelvale Cutoff, spoke in favor of the initiative, stating their group has focused on the serious concern of Little Rock's failing infrastructure, and lack of money dedicated to repair the infrastructure. She stated this temporary sales tax increase would be a way to address these problems. She stated the citizens she had spoken with, and that had signed petitions, indicated they saw infrastructure failure as a serious need, and would support the tax and were in support of the oversight commission. Mr. Mark Abernathy, 3131 Cantrell, spoke in opposition to the tax initiative saying that he represented a large group of angry restaurant industry people, including himself. He stated that Arkansas restaurants currently pay some of the highest sales taxes, the highest mixed drink and soft drink taxes, and one of the only, and highest, hamburger taxes in the nation. He stated their concerns have been echoed by a tremendous number of people in the retail industry. He stated there is no question of the needs for better streets, and more money for fire and police, and bigger jails. It comes down to the question of funding and priorities. He stated in the last general election the voters overwhelmingly said by their vote, they did not want higher sales taxes right now. He asked the Board to vote against the ordinance calling for the election. There was lengthy discussion covering topics that included clarification as to how the tax dollars would be spent, the percentages that would be spent in each ward, the length of time the tax would be collected, the process that would be used to fund the specific projects should the tax pass, possible options, such as bond issues, other than a sales tax to finance infrastructure, and the concerns of asking voters to pass a tax at this time. The ordinance was read the first time. Director Adcock made a motion, seconded by Director Keck, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended to provide for the second reading of the ordinance. The ordinance was read the second time. Director Adcock made a motion, seconded by Director Cazort, to suspend the rules and place the ordinance on third and final reading. By unanimous — voice vote of the Board members present, being two - thirds in number, the rules were suspended to provide for the third and final reading. The ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors: Pugh, Hurst, Cazort, Keck, Stewart, Kumpuris, Graves, Adcock, Vice mayor Hinton and Mayor Dailey voted yes. Director Wyrick voted no. Mayor Dailey called for the vote on the emergency clause which was recorded as follows; Directors: Pugh, Hurst, Cazort, Keck, Stewart, Kumpuris, Graves, Adcock, Vice Mayor Hinton and Mayor Dailey voted yes. Director Wyrick voted no. The ordinance and emergency clause were passed. Mayor Dailey introduced Boy Scout Troop 99 based at Covenant Presbyterian Church. 2. RESOLUTION NO. 11,513 — Expressing the intent of the Board of Directors of the City of Little Rock to create and establish the Little Rock Neighborhood Audit and Compliance Committee; and for other purposes. Director Kumpuris made a motion to adopt the resolution. Director asked Mr. Tom Carpenter if tonight's vote is to vote on the intent to create the committee, or if they were voting on the ordinance to create the committee. Mr. Carpenter stated the Board would be voting on the intent tonight, and next Tuesday, would vote on the ordinance. The resolution was read. Director Cazort moved to amend the date listed in the resolution in Section 1 from May 201h to May 27th Director Adcock seconded the motion. By unanimous voice vote of the Board members present, the resolution was amended. By unanimous voice vote of the Board members present, the resolution was adopted as amended. Mr. Lichty thanked the Board for their support in the initiative, and hoped to bring about a successful outcome in the election. 3. ORDINANCE — 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. Staff recommends denial. Director Pugh introduced 2 the ordinance stating she was worried about long -term 99 -year leases. She said since the citizens own the parks, felt they should have a say in the lease or sale of parkland. Ms. Kathy Wells, spoke in support of the ordinance, saying citizens should vote before parkland is sold. She asked the Board to adopt the ordinance because parks were to precious to the citizens to dispose of them very easily, and this would make it more difficult. Mr. Bruce Moore, City Manager, stated staff felt there are two mechanisms in place that protect park property, one is that state law requires a public bid process before any park property can be disposed of, and secondly the City Board has the authority to reject any and all bids that come in via an RFP process. Mr. Moore stated the cost of the election is a consideration. If there is a special election there would be a cost for that election the city would bear. Mr. Bryan Day, Director of Parks and Recreation, stated that when the ordinance was first presented, it did prohibit the leasing of partnerships and that would have been counter - productive. Mr. Day stated he felt the intent of this is to force staff to look at how land is managed, and being good stewards. The selling or disposing of parkland is not always a bad thing. He stated there are some properties in the City's six thousand acres that probably could be better served in some other use. Mr. Day stated Arkansas is one of the few states in the county that has constitutional protection for parkland, and if it were decided to alienate parkland, which has only been done once, the citizens would let that be known. He said the ordinance would create some hardships for the Parks Department if the ordinance were moved forward. Director Hurst announced that the Parks Commission voted unanimously against this ordinance. The ordinance was read the first time. Director Adcock, seconded by Director Cazort, made the motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, suspended the rules to provide for the second reading. The ordinance was read the second time. Director Adcock made a motion, seconded by Director Cazort to suspend the rules and place the ordinance on third and final reading. By majority vote of the Board members present, being two - thirds in number, suspended the rules to provide for the third reading of the ordinance. Director Pugh voted no on suspension of the rules. The rules were suspended and the ordinance was read the third time. A roll call vote was _. taken and recorded as follows: Directors: Hurst, Cazort, Keck, Wyrick, Kumpuris, Graves, Adcock, Mayor Dailey, voted no. Director Pugh and Stewart voted yes. Vice Mayor Hinton voted present. The ordinance failed. 4. ORDINANCE — Amending various provisions of Chapter 31 and 36; the 2002 -2003 Zoning and Subdivision Ordinance Amendment package. (Planning Commission: 8 yes, 0 no. 3 absent.) Staff recommends approval. 1St reading held on May 6, 2003. Director Keck made the motion to suspend the rules and place the ordinance on second reading. Board members present, being two thirds in number, voted to suspend the rules and place the item on second reading. Director Adcock voted no on suspending the rules. The rules were suspended to provide for the second reading. The ordinance was read the second time. Director Adcock stated that the City Attorney was still researching this item, and asked it to be held for May 20th. The ordinance was held on second reading. M -1. ORDINANCE NO. 18,865 - To reclassify property located along the east side of Mabelvale Pike approximately 600 feet south of Interstate 30 from R -2 (Single Family Residential) to C -4 (Open Display District) in the City of Little Rock; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent). Staff recommends approval. The ordinance was read the first time. Ms. Joyce Plant stated that she had met with Mr. Jones, the applicant, and City staff has assured her that there would be no drainage onto her property from Mr. Jones' land fill. She stated if Mr. Jones agreed to protect her privacy with some type of fence, she would withdraw her objection. Mr. Jones stated this was the agreement. 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 ordinance. The ordinance was read the second and third times. By unanimous voice vote of the Board members present, the ordinance was passed. Director Cazort made a motion, seconded by Director Keck to adjourn the meeting. By unanimous voice vote of the Board members present, the meeting was adjourned. ATTEST: N ncy Wood City Clerk APPROVE: /06UU, Ji ailey Ma or