Loading...
09-26-00Minutes Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas September 26, 2000 4:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in a reconvened session with Mayor Jim Daily presiding. City Clerk, Nancy Wood called the roll with the following Directors present: Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, and Adcock — total 9; Absent 1 (Director Pugh). With a quorum present, Mayor Daily declared the Board of Directors in session and the proceedings of the meetings are recorded as follows: 3. ORDINANCE NO. 18,359- Amending Chapter 15 of the Little Rock, Ark. Revised Code entitled: Landscaping and Tree Protection, adding sections to Article I "In General," amending Article 11 "City Beautiful Commission" by adding a section concerning appeals; deleting Articles III "Tree Protection" and Article IV "Landscaping of Vehicular Use Areas and Public Right of Way" entirely and substitution replacement provisions therefore; and for other purposes. 4. ORDINANCE NO. 18,360- Amending Chapter 36 of Little Rock Ark. Rev. Code (1988), providing for the establishment of new regulations pertaining to buffers; for the deletion of current standards in conflict; and for other purposes. 5. ORDINANCE NO. 18,361- Amending Chapter 29 of the Little Rock, Arkansas Rev. Code (1988) providing for the amendment of Article I "In General," Section 29 -1, Definitions, by adding the definition of "Land Alteration," deleting Article VI, "land Alteration Regulations" entirely and substituting replacement provisions therefore; and for other purposes. 6. ORDINANCE NO. 18,362- Establishing an in lieu provision in the Landscaping and Tree Protection Ordinance, and the use of utility easements as buffers and franchise agreements. There was some discussion on each of the ordinances (Items 3, 4, 5, 6) and resolution (Item 7), including thanks to all those who worked on the ordinances, there was proposed amendments that the board considered and rejected that would require 70% of all trees within the inside and back facing buffers be preserved. Director Kelly made a motion for this amendment, and an amendment that would have mandated 100% protection of a preserved or replaced tree's critical root zone, which is the area around the tree's trunk parallel to the longest branches of a tree's canopy. Director Stewart seconded the motion. A roll call vote was taken and recorded as follows: Hinton, yes, Lichty, yes, Cazort, yes, Keck, yes, Stewart, no, Wyrick, yes, Kumpuris, yes, Kelly, no, Adcock yes, Mayor Dailey yes. The vote was 8 yes, 2 no, 1 absent. There was some discussion on policy direction regarding developments that have already been filed prior to the passage of these ordinances. Director Lichty said policy should be one way or the other, and not be addressed case by case. Director Keck made a motion; with a second by Director Kelly for a resolution of intent to include utility easements not being allowed to overlap with such strips of green space when the development is next to a single family home or duplexes. The motion was voted on unanimously by board members present, and will be presented at the October 3, 2000 regular Board of Directors Meeting. The Ordinances were read the third time, as amended to add an emergency clause. By a unanimous voice vote of board members present, the ordinances and the emergency clauses were adopted. 799 7. RESOLUTION NO. 10,902- To create an Urban Forestry Initiative, to focus on maintaining existing ecosystems and target means to improve and sustain the urban environment, allowing for the development of an urban forest that thrives around existing roadways and sidewalks, residence areas, business complexes and shopping centers and other metropolitan areas. There was brief discussion. The resolution was read by the clerk, a motion was made by Director Keck for adoption of the resolution. Director Cazort seconded the motion, and by unanimous voice vote of board members present, the resolution was adopted. The following modifications were made to the agenda with a motion from Director Keck and a second by Director Adcock, and a unanimous vote by the board members present. 1. RESOLUTION - Legislation to confirm amendments to the lease agreement concerning the Peabody Hotel. (To be placed on the agenda at a later date) 2. RESOLUTION - Legislation to confirm amendments to the lease agreement concerning the Doubletree Hotel. (To be placed on the agenda at a later date) Items M -1. RESOLUTION NO. 10,901,of support for the delivery of high - quality local ambulance service for all citizens of the state; and in opposition to the Federal Health Care Finance Administration's January 1, 2002 proposed Medicare fee schedule change which would require many ambulance companies to be paid less than the actual cost of services; and for other purposes. Director Keck asked for this amendment to be added to the agenda, and said the proposed change in the Medicare fee schedule would impose a dramatic reduction in reimbursement to MEMS and could potentially be catastrophic to emergency medical service in rural areas of the state, and wanted copies, if adopted, to be sent to the congressional delegation. Director Keck made a motion to adopt the resolution, Director Adcock seconded the motion. By unanimous voice vote of the board members present, the resolution was unanimously adopted. Item 11. ORDINANCE NO. 18,364 Granting a franchise to the George W. Donaghy Foundation for air rights for pedestrian sky bridges above Seventh Street connecting the Donaghy Plaza West Building and the Donaghy Plaza South Building, above Main Street connecting the Donaghy Plaza South Building and a parking deck on the southeast corner of Seventh and Main Streets, for the purpose of construction, erection, maintenance, operation, use and repair of enclosed sky bridges; and for other purposes. Director Lichty asked for an explanation of why this item was of such urgency it need to be acted upon tonight rather than at the regular meeting on Tuesday. Mr. Tom Carpenter, City Attorney, answered that it was a part of the process downtown, for the Donaghy Foundation, and said Mr. Flake was there to answer any further questions, but that what was different about this franchise for an additional skywalk is that in the legislation agreement to comply with various city codes and also, a specific provision that essentially should there be any decision to close where the skywalk goes to, the city will be given thirty days advance notice, so that the city can try to keep it open if that is the appropriate thing to do. If that theory day notice is not given then the sanctum could be not only the loss of the franchise, but the ability to require the holder of the franchise to remove the skywalk. Mr. Dickson Flake stated it was his understanding that it was supposed to have been on the agenda for the last Tuesday, and it missed the deadline for last Tuesday, and he alerted the city attorney, that he was going to be out of town the first ten days of October and asked if it could be included in the reconvened meeting today. There was brief discussion regarding the skywalks. Director Kelly asked if approving this would add to the cost or decrease the chances of someone purchasing the Donaghy building. Mr. Flake said it would not. Director Stewart said, concerning the board policy, that the board had not seen the ordinance, and not read it, and the urgency is if this is placed on next weeks agenda, it appears there could be the same effect, and did not feel comfortable voting on something the board has not seen, and which has been rushed to the board, and felt it should be heard next week. Mayor Dailey said it is before us to be read the first time because it was added to the agenda. He said a vote could be taken to see if the board wants to move forward, or not. The Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board members present, being ten in number and two - thirds or more of the members of the Board of Directors. Director Lichty asked if staff was okay 2 with this, Mr. Carney replied they were. Director Stewart made a motion to leave the item on third reading. No second was made. By voice vote, all members except Director Stewart were in favor of adoption. The ordinance was adopted. The meeting was adjourned at 6:00 P.M. ATTEST: CITY CLERK NANCY WOOD 3 APPROVED: �b� AYOR JIM DAILEY •