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10-03-00802 Agenda October 3, 2000 Minutes Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas October 3, 2000 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Dailey presiding. Assistant City Clerk Vanessa Sykes called the roll with the following Directors present: Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, and Kelly — total 9; Absent: 2 Directors Kumpuris and Pugh. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Lichty, followed by the Pledge of Allegiance. A motion was made by Director Lichty, seconded by Director Cazort to modify the agenda. The motion was approved by board members present to make the following modifications: To add M -2, delete Item 6, Change the Date of Public Hearing for Petkovsec — Short Form PID, and add the four presentations to the agenda., The vote was recorded as follows: Directors: Pugh, Hinton, Lichty, Cazort, keck, Stewart, Wyrick, Kumpuris, Kelly voted yes. Director Adcock voted no. Director Kelly asked to have the utility easement amendment placed on the reconvened agenda for October 10, 2000. Director Kelly made the motion to add the utility easement amendment to the reconvened meeting agenda on October 10, 2000. The motion was seconded by Director Keck, and by unanimous voice vote of board members present, the amendment was added to the reconvened meeting agenda. The following are the modifications to the agenda: Four presentations were added to the agenda: Arts and Humanities Month , The Arts, International Council for Local Environment Initiative, Director Pugh, Recognition and Plaque Presentation to the Little Rock Chamber of Commerce by the South End Coalition. M -2 RESOLUTION — To make appointments to the Vision Little Rock Team. Item 6 ORDINANCE — dispensing with competitive bidding and authorizing the City manager to enter into a sole source contract with Southwestern Bell yellow pages; and for other purposes. This item was deleted from the agenda. 1. MOTION — Z -6886 — To set the date of Public hearing for October 17, 2000 on the appeal of the Planning Commission's denial of a Planned Zoning Development and establishing a Planned District — Industrial titled Petkovsec — Short Form PDI located on the north side of East 2nd Street, approximately 400 feet east of John Street in the City of Little Rock, Arkansas, amending Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas and for other purposes. (Hearing date change requested from the applicant, to be heard on the November 8, 2000 Meeting. The meeting proceeded as follows: Mayor Dailey asked for a Resolution - Affirming the goal of consolidating the water utilities of the Cities of North Little Rock and Little Rock, directing the mayor to initiate a process for consolidation; setting the effective date of the merger and the date for the submission of the plan of consolidation; commending the University of Arkansas at Little Rock and its Water Study Task Force; and for other purposes, to be added to this agenda, but not to be acted on until October 10, 2000 at a reconvened meeting. The first presentation was Arts and Humanities Month, Mr. Scott Carter, read a proclamation celebrating the month of October, Arts and Humanities Month. He said over the month, they would have several groups represented to remind the citizens of the rich cultural diversity the city has. Groups represented were: Mr. Joe Henry , Acoustics Sounds Cafe, Ms. Christine Donahue Mayo, Arkansas Chamber Singers, Ms. Virginia Queen, Little Rock Musical Coterie, Ms. Joy Pennington, Arkansas Arts Council, Ms. Virginia McMurry, Ballet Arkansas, Mr. Bob Huppham, Arkansas Repertory Theatre, Ms. Francis Ross, Alltel Arena Arts Advisory Committee, Mr. Floyd Martin, Arts Spree, Mr. Ben Fry, University of Arkansas at Little Rock Public Radio, Mr. Craig Agenda October 3, 2000 L= • Raines, Wildwood Park for the Performing Arts, "John" with Celebrity Attractions, Mr. Van Tillbury, Riverfest, Mr. Townsend Wolfe, Arkansas Arts Center. The next presentation was made by Mr. Bob Russell, Chairman of the Alltel Arena Board, and introduced Michael Marion, the General Manager of Alltel Arena, Tammy Warmington, Office Manager. Mr. Russell gave a brief update of what has being happening since they opened in August of 1997. He said they have had many concerts come through that have played to packed houses. He said the arena has played to a very varied venue, stated that almost 700,000 have been through the area to events in the first eleven months opened. Director Pugh gave a presentation on the International Council for Local Environment Initiative. She announced that she had attended the City for Climate Protection in New Orleans, Louisiana. She said it was good meeting because this was a serious problem that needs to be addressed in our own city and had gathered a lot of material for any entity that would like to have the information. The Mayor of New Orleans, Mayor Marrow, told them he started the environmental task force when he took office and they are really working and pushing rail systems, due to less pollution, but that the Federal Government did not want to fund rail systems. He told them this was one area they will still pushing for. She said they found that Denver Colorado has a "Smoke Out" Ordinance. A Vehicle that burns gasoline, five seconds is all the time allowed for smoke to come out of the exhaust, and if were a diesel engine, only ten seconds is allowed. She said it was a worthwhile meeting and the City of Little Rock needed to keep working toward, pollution and environmental issues, as it is a big problem. She said that Arkansas is the highest state per capita for pollution. Director Pugh stated she believed that the city needed to become a member of the International Council for Local Environment Initiative. She said once the city is a member there are other advantages the city can get such as asking for grants. She said the city needs to get busy in putting together and implementing an action plan. Director Pugh asked the South End Coalition to come forward and be recognized for their efforts in assisting during the tornado last year. Director Pugh stated that Mr. Denton Tyler with the Chamber of Commerce said the Chamber wanted to get out and help, and asked if they could pay for the expenses, and she and the South End Coalition wanted to recognize them for the help they provided. Ms. Ellen Carpenter, President of the South End Coalition, said she appreciated the effort put forth by representatives of the -- City and the Chamber of Commerce. Director Stewart presented Mayor Dailey a plaque she and Director Adcock had received on the Mayor's behalf, from the American Cancer Society — "Tell A Friend Program ". Director Lichty asked for Item 8 to be made a part of the consent agenda. Director Adcock said the City Attorney had advised her that there were two resolutions; one that came from the Advisory Committee, and one the City Attorney had come up with. She thought there needed to be a presentation on both. Director Lichty said if there are two then there needed to be some clarification. Director Adcock stated that Mr. Carpenter had gone to get the copies to hand out to the board, that had not been distributed. Director Adcock explained that in Mr. Carpenter's resolution there are four at large members, and in the resolution prepared by the task force did not have at large members, it had a member coming form each ward. Mayor Dailey said since there was discussion, maybe it should be left separate until the City Attorney returned to the meeting. 1. MOTION - Z -6885 - To set the date of Public Hearing for October 17, 2000 on the appeal of the Planning Commission's denial of a Planned Zoning Development and establishing a Planned District — Industrial tilted Petkovsec — Short Form PD -I located on the north side of East 2nd Street, approximately 400 feet east of John Street in the City of Little Rock, Arkansas, amending Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas and for other purposes. Staff recommends approval. (Deferred from September 5, 2000.) (Delayed to November 8, 2000.) 2. MOTION - Z -6876 — To set the date of Public Hearing for October 17, 2000 on an appeal of the Planning Commission decision to deny a Conditional Use Permit for the carwash installation at 7200 West 12th Street. (Delayed to October 17, 2000) 3. RESOLUTION NO. 10,903- Authorizing the City Manager to enter into an engineering services contract with Traffic System Solution Company for downtown signalization program. 4. RESOLUTION NO 10,904- Authorizing the City Manager to enter into a contract to manage certain soccer facilities within the City of Little Rock. 2 Agenda October 3, 2000 5. RESOLUTION NO 10,905- Authorizing the Mayor and City Clerk to execute an amendment to the Bill of Assurance of the Little Rock Port Industrial Park to exempt Area 300 from Amendment Four, Article Seven, and "Outside Storage." Director Adcock motioned that the consent agenda be adopted, Director Keck seconded the motion, by unanimous voice vote of the board members present, and the consent agenda was adopted. Pastor Gary Lambright, Park Place Baptist Church at 5630 Mabelvale Pike, spoke on the issue of the harvesting of timber on their church property, located just off of David O' Dodd Road. Mr. Lambright stated he had placed the request to harvest timber before the board on September 5, 2000. He said at that time the board voted to place the request on the agenda for the council meeting tonight. He said the past four weeks he had been most busy with this issue. He gave an overview of the events since September 5th. He said this morning they were informed by Mr. Ward Hanna, city staff, that their request for a permit had been denied. He stated that they had done everything the city officials had asked of them. He said property owners connected to the church's property had actually clear -cut their property within the last three years with no knowledge of the city. He said they, on the other hand, tried to be open and honest with their intents and follow the process of the law. He said they were appealing to the board to consider their request, and grant them permission to reap the benefit of a twenty -five year investment by harvesting some of the trees on the church property. He said they had no intention of clear cutting; only maintain the property as good stewards. He said they would like to know why the request for the permits was denied and why they were removed from the agenda of this meeting, he said they were confused and very frustrated, and asked the board to please consider their request. Mayor Dailey asked Acting City Manager Bruce Moore, and or the City Attorney to give an update on this issue. Mr. Moore said they were moving forward with the Park Place Church and the City Attorney advised yesterday that there were some legal issues regarding the ordinances that were just passed last week. Mr. Carpenter stated that the board set forth the last week a process and approved with an emergency clause, it's immediate implementation. Mr. Carpenter said essentially what needs to be done is, they need to apply for the Landscaping Permit through the Planning Commission process. He said there is no fee. The- Planning Commission can approve it. Mr. Carpenter said the information he has from Mr. Turner, Director of Public Works, is from at least what he has seen and heard of this, there is no reason to oppose it, but there is a process that must be followed. Director Kumpuris said that Director Lichty had brought up the question as to what happens to applications that are in the pipeline. Mr. Carpenter said this wasn't in the pipeline. Director Kumpuris said he and obviously other board members felt it was, and wanted to resolve this issue. Mr. Carpenter said the ordinance would be jeopardized, the ability to impose the restrictions of the ordinance are jeopardized. Director Kumpuris asked how could the city expedite these peoples process through this so that their time energy and money is not spent doing this. He stated that sometimes things fall in between rules and was afraid they have here. He said he believed they would enhance, not hurt their property, and this was slowing them down, and he understood their frustration. Mr. Moore said in just visiting with the Planning Director Jim Lawson, the Planning Commission would meet next week and said they could work with the church to try to get it on that Planning Commission Meeting's Agenda. Mayor Dailey asked if this group could be put at the beginning of that meeting because of the process they had just gone through. Mr. Moore said they could work on that. Director Adcock asked for an explanation of why the church was not considered to be in the pipeline. Mr. Carpenter explained that for over six months, a moratorium was in place, and they did not come until after the moratorium was in place. Mr. Carpenter said if it was not a situation where the permit was issued, the ordinances impacted that and the moratorium impacted that. Director Adcock said she just wanted the city to move quickly on this, they had trying to do this since July 19, 2000. The land is in Southwest Little Rock and when the rain starts, they will not be able to get in with the heavy equipment and they need to move quickly. Vice Mayor Wyrick stated she had had a discussion with Mr. Turner a few weeks ago in regards to questions that Director Cazort, Director Keck and she had in the way of harvesting trees in a particular area that was not necessarily zoned for agricultural farming situations and thought that Mr. Turner had told her that the churches that had come before the board would be okay provided they left a fifty foot buffer on the edges of their property, they would be able to go in harvest that timber, and there was not a permit required to do that. Mr. Carpenter said there were two different situations, one is where there is either a diseased or burned out situation, and the other aspect is that he did not think is a problem with the church being granted the ability to go forward, the problem is there is a process, and what it seems some of the board are asking, is avoid the process, but the moment you do that, you start negating your ordinance and your ability to enforce it. Vice Mayor Wyrick said, she was not questioning the process. She thought she had been told the only process was to leave a fifty -foot buffer and you would be able to harvest the trees. Mr. Jim Lawson, Planning and Development Director, said he had worked with Mr. Turner on this because it was a landscaping ordinance, and understood that it had always been, that a church or any other people who wanted harvest land would have to submit a plan to Agenda October 3, 2000 i them. Mr. Lawson stated the fifty -foot was what it used to be, but now a plan has to be looked at, and the plan is to guarantee that there is a good understanding of what is going to occur. He said the plan for them would be for them to come in and say they wanted to harvest a certain amount of trees, this kind of trees, etc, and that was all they were asking for. Vice Mayor Wyrick stated, "which is not a permit requirement which goes to the Planning Commission or landscape architects, or anyone ?" Mr. Lawson answered, he didn't know about landscape architects, but the concept is that it would be reviewed by staff, and would have to be approved by the Little Rock Planning Commission, and it would have to be submitted. Vice Mayor Wyrick said Mr. Turner was not there to defend himself, but that she specifically asked about this situation, and was told a permit was not needed. Director Kumpuris asked if between now and next week, if Mr. Lawson could work with these people to make sure they have the correct application, and has all the I' and T's and everything else is perfect, so this can get done next week. Director Kumpuris asked if this would come back to the board. Mr. Lawson said no. Mr. Lawson said he would work with them. Mayor Dailey asked Mr. Lawson to give the board a report at the next meeting to give the board an update of where this issue is. Director Cazort said he had understood from Mr. Turner that the church would have a permitted process with a plan. Director Keck asked if the scenario they were dealing with was specifically addressed in the just passed ordinance. Director Keck said that he recalled the same answer from Mr. Turner that Vice Mayor Wyrick recalled, in the fact that there would not be a review by the Planning Commission if the plan were submitted to the Planning Department. He said they were told there needed to be something on file as a record of what was taking place on the property. Mr. Carpenter answered that he thought the ordinances require that. Director Keck said he thought everyone should be playing from the same playbook and from the same song on the songbook, that this wasn't fair. Mayor Dailey apologized for the confusion on the issue, and thought by next Thursday there would be a remedy. Mr. Lambright said they would accept that. Director Adcock asked if all fees could be waived. Mayor Dailey said there were no fees. Director Stewart asked why this group was removed from the agenda tonight. Mr. Moore said it was not his recollection that this item was ever on the agenda for tonight but thought that the planning staff and Ward Hanna had been working with the church. He said it was the intention to move forward and that was the direction they were going so it was not to be presented for any further action. Mr. Don Darnell, 7007 E. Wakefield Drive, spoke regarding the Clinton Library Bond Issue. He wanted to know where additional funds would come from. He stated he thought additional funds would be better spent in other areas. Ms. Janette Primm, 54 Lakeside Drive, spoke regarding the increased traffic congestion in her area, the Western Hills Neighborhood. She requested a traffic study be conducted at the areas of Stanus, Western Hills, Asher Avenue and W. 40th Street. She asked to be placed on the list for a Traffic signal in this area. Ms. Kathy Wells, 2121 Gaines, representing the Downtown Neighborhood Association, requested assistance in eliminating a continuing source of noise, prostitution, public urination, public sex, liter and related problems at the White Diamonds Club at 2420 S. Main. She asked the board to remove the clubs privilege or occupation license. This concluded Citizen Communication 6. ORDINANCE - Dispensing with competitive bidding and authorizing the City Manager to enter into a sole source contract with Southwestern Bell yellow pages; and for other purposes. (Item Deleted) 7. ORDINANCE NO. 18,363- To authorize the departmental name change of Office Management Support to the name Information Technology. Items 10, 11, and 12 were grouped by unanimous consent of the board members present. 10. ORDINANCE NO. 18,365- Amending Chapter 31 of the Code of ordinances of the City of Little Rock, Arkansas, providing a driveway spacing waiver for Acxiom Plaza located at the northeast corner of Riverfront Drive and Morgan Keegan Drive. 11. ORDINANCE NO. 18,366- Establishing the rate of taxation of property for City purposes for the year 2001 for various funds of the City of Little Rock. 12. ORDINANCE NO. 18,367- Dispensing with competitive bidding and authorizing the City Manager to enter into a sole source contract with LISC for Community Development Corporation support. Items 7, 10, 11, and 12 were 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. The ordinances were read the second and third times, and by unanimous voice vote of board members present the ordinances were adopted. S. RESOLUTION NO. 10,906 - Creating an Animal Services Advisory Board. Director Adcock said she needed to correct an earlier statement, saying that she had been told by Mr. Carpenter that the second resolution is not his, but rather was Mr. Carney's and he was just trying to include the at large directors. Director Adcock explained that 4 o Agenda October 3, 2000 the Task Force had come up with seven positions, one from each ward, and the resolution from Mr. Carney adds four more at large positions, so that Director Kumpuris, Kelly and herself, would not be excluded. Director Adcock said she would ask the board to follow what the Task Force had set up. Director Cazort said he would concede with Director Adcock's request, but there was one provision in Section 2 that names a city member of the Board of Directors to serve as chair of the group. He stated he did not have a problem creating a commission to put a member of the City Board on the commission as a voting member, but had some serious problems putting a member as the chair. Director Adcock said this did not come from the Task Force. She said she agreed with Director Cazort, in that the board member should not be the chair. Director Lichty said there was two section two's and they needed renumbered. Director Keck made a motion to amend in Section C, that the language be struck naming the board members as the chair of this Advisory Board. Director Lichty seconded the motion, and by unanimous voice vote of all members present, the motion carried. Mr. Moore made the clarification that the resolution before the board from the task force was actually nine members, seven from the wards and one veterinarian and one board member. Director Kumpuris asked if representation from different constituencies could be represented. Director Adcock said the Task Force looked at that, and on that task force set people form all the different groups and it was a feeling that on this advisory board, they wanted it strictly from the citizens and those groups could go before this group to have issues presented. Director Kumpuris stated he felt this might well be a weak group having the potential to represent just one point of view. Director Adcock said if this did turn out to be the case, it could come back before the board with recommendations to change it. Director Pugh asked if the seven members would just be people, one from each ward, and would one of these people be the chairperson? Director Adcock answered yes, that was correct. The resolution was read, by motion by Director Adcock, second by Director Keck, the resolution was unanimously adopted by voice vote of the board members present. Director Cazort asked the City Manager to start advertising that the positions are available, and to set a timeframe for applications so the appointments could be made. Mr. Moore said staff would move forward on this immediately. 9. ORDINANCE NO. 18,364- To amend the Master Street Plan, changing 36th Street alignment from just east of Bowman Road to a new West Loop Terminus, amend the alignment of the eastern portion of Cooper Orbit near Kanis Road, relocation of unnamed collectors and providing for two new collectors (Rushmore Blvd. and Brodie Creek Trail); and for other purposes. Mr. Guy Lowes, gave a brief staff presentation. He said the staff supports the amendment, and there had been several public meetings, and much information gathering. He said it's been an involved process. Mr. Bill Henry, Traffic Engineer, stated the existing Master Street Plan had the 36th Street arterial coming up and intersecting with Kanis Road, and there was no east west connectivity, therefore a study was authorized conducted by Peters and Associates who studied the topography, the existing traffic generation as well as future traffic. He said they were looking to come up with an alignment that would have parallel arterials that would better serve the area, which the study provided. Mr. Henry said this has been an ongoing project for two or three years and have had a lot of input. Mr. Bob Wilson, P. O. Box 3140, spoke in favor of the proposed recommendation as presented. Ms. Eulallia Araoz, 24 Glenridge Road, spoke against the ordinance, saying she need assurances that the road to their property on Cooper Orbit would not be closed. Mr. Henry said the road is a local road rather than a collector and will continue to provide access to their property at that point. Dr. Araoz said he was confused, he said they have been trying to figure out exactly what will be done. He said the latest communication they received had a statement that says in order to retain the retention of the present location of the access, would require the owners of Capitol Lakes to submit a revised preliminary plat for a public hearing. Mr. Henry said he thought the letter was referring to in order to remove the dedicated arterial back, but that Capitol Lakes had already done a plat that plats out the right of way, and that was why the location was moved. He said the existing roadway will be retained and will be a local street, and the Araoz' would not be denied access to their property and Cooper Orbit Road. Vice Mayor Wyrick asked Mr. Henry if the city would maintain the local street as a residential street. Mr. Henry said that was correct. 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, and by unanimous voice vote of the board members present, the ordinance was adopted. 13. REPORT City Manager's Activity Report. Mr. Moore announced that Mr. Walter Malone, Planning Manager, was in a very serious accident in Texarkana, Arkansas, and Agenda October 3, 2000 the latest report was that it was not life threatening, but had been hospitalized in Texarkana. This concluded the City Manager's Activity Report. Director Kumpuris asked Mr. Moore to look up in the definition that when the board passed the governance of what the Mayor's responsibilities are as far as Boards and Commissions and provide that to the Board. Director Hinton said he wanted to make sure there was a legitimate process so that when people come to the board, and talk about the city not following a process that those processes are in line. He said it seemed a lot of detail and procedure was being lost. Vice Mayor Wyrick said the traffic light at Baseline to the entrance of Wal -Mart had not been installed, and that it was supposed to have been done in the spring of the year 2000. She asked for a report on where the city is with that. Staff responded that it would be in 2001; the process has started, but takes about six months. She also asked about the hearing on October 9th that involved a medical waste incinerator that was to go in somewhere around Scott Hamilton and 65th Street. She said she would like to have some information on that. Mr. Don Darnell said he had obtained some information on that. He said he had spoken to Doctor Casteel who would be handling that application, that it was a pre - application public hearing, and the facility itself would not be an incinerator. The facility would be using an autoclave, which is a big steam cabinet. They will be bringing in medical waste, storing it per law and regulation and then putting it through the autoclave process that sterilizes it, and would be processing that in to a compact form to be put in the landfill. He explained that once its put thought the autoclave there is no more biohazard. Vice Mayor Wyrick said she would still like more information before the hearing. She stated the board had received information about the projects that have gone though various stages, and said they needed to be dealt with rather quickly. She said there were numerous projects and numerous stages and was sure the people trying to bring those foreword would like them to know what the plans are for them. M -2. RESOLUTION NO. 10,907 — To Make Appointments to the Vision Little Rock Team. Mr. Moore said there were three appointments that needed to be made. A motion was made by Director Keck to go into executive session to make the appointments. Director Lichty seconded the motion; the meeting was recessed at 9:30 P.M. The meeting reconvened at 9:40 P.M. The following appointments were made to the Vision Little Rock Team. Mr. Moore announced that the Board of Directors made the following appointments: The Park and Recreation Work Group: Stacy Hurst — Co- Chair, Betty Snider, as a member of the Vision Team, The Racial and Cultural Diversity Workgroup: Eric Walker as a member of the Vision Team. Director Cazort made a motion to accept the appointments; Director Keck seconded the motion, and by unanimous voice vote of members present, the appointments were adopted. Director Keck made the motion to recess until October 10, 2000 for a reconvened meeting to be held that date. Director Cazort seconded the motion, and all were in favor, by unanimous voice vote of board members present. The meeting was recessed at 9:47 PM, to reconvene at 4:00 P.M. on October 10, 2000. ATTEST: 111 2 APPROVED: I AYOR M DAILEY 807