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HomeMy WebLinkAbout02-06-011.7 Minutes February 6, 2001 Board of Directors Room City Hall – 500 W. Markham Little Rock, Arkansas February 6, 2001 – 6:00P.M The Board of Directors of the City of Little Rock, February 6, 2001, regular meeting, with Mayor Dailey presiding. City Clerk Nancy Wood called the roll with the following Directors present: Directors: Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Graves, Adcock and Kumpuris.10 present, The invocation was given by Director Hinton, followed by the Pledge of Allegiance. The meeting was recorded as follows: Mayor Dailey asked the board to consider agenda modifications that consisted of the following: ADDITIONS M -1. RESOLUTION NO. 10,994 - To make appointments and reappointments to the Commission on Domestic Violence and the Arkansas Museum of Sciences and History, and The Zoo Board of Governors. The board recessed to an executive session to make recommendations to the listed boards and commissions. Arkansas Museum of Science and History Board of Trustees, Barbara Herring, John Herzog, and Alfred Williams, Jana Bishop, Robert Birch, The Zoo Board of Governors: Blair Allen, and Stacy Hurst. Domestic Violence Commission – reinstatement of Martin Carey. Director Adcock made a motion to adopt the resolution making the recommended appointments; Vice Mayor Cazort seconded the motion. By unanimous voice vote of board members present, the resolution was adopted. M -2. RESOLUTION NO. 10,995 - To make appointments to the Vision Little Rock Team. Environment and Land Use Workgroup, Charles Goldner and James Mitchell, Jr. M -3. RESOLUTION NO. 10,996 - To set the date of Public Hearing for February 20, 2001 establishing the Chenal Valley Municipal Property Owners Multi- purpose Improvement District No. 9 of Little Rock, Arkansas. M -4. RESOLUTION NO. 10,997 - To approve the transfer of taxicab operator permits from Black and White Cab Company to Greater Little Rock Transportation Service, LLC; to authorize an increase to 83 permits; to amend Little Rock. Arkansas, Resolution No. 10,963 (December 19, 2000); and, for other purposes. DEFERRALS 14. PUBLIC HEARINING & ORDINANCE - To annex additional lands to the St. Charles Municipal Lighting Improvement District No. 1 of Little Rock, Arkansas, declaring an emergency; and for other purposes. (Deferred to an indefinite date.)) 15. ORDINANCE - Reassessing the value of benefits to be received by owners of each of the several blocks, lots and parcels of land within the St. Charles Municipal Lighting Improvement District No. 1 of the City of Little Rock, Arkansas; assessing taxes thereon; and for other purposes. (Deferred) 16. ORDINANCE - Z- 4213 -E - Approving modification to a Planned Zoning District —' and providing for the establishment of a Planned Zoning Development titled Bowman Plaza – Revised POD located at the northwest corner of Colonel Glenn and Bowman Roads, in the City of Little Rock, Arkansas, amending Ordinance No. 17,974 and Chapter 36 of the Code of Ordinances of the City of Little Rock; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. (Deferred from January 16, 2001. )(Applicant requests deferral to February 20, 2001.) PTJ • Minutes February 6, 2001 17. ORDINANCE - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Boundary Street Improvements for Bowman Plaza PED located on the north side of Colonel Glen and West Bowman Road. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. (Deferred from January 16, 2001.) )(Applicant requests deferral to February 20, 2001.) DELETIONS 8. RESOLUTION - To set the date of Public Hearing for February 20, 2001 on an appeal of the Planning Commission's decision to deny a Conditional Use Permit to Fellowship Bible Church for construction of an office building and accompanying parking lots at 1811, 1801, 1711, and 1701 Napa Valley Drive. (Planning Commission; 1 yes, 8 no, 1 abstention.) Staff recommends denial. (Withdrawn by applicant.) 21. RESOLUTION - To make appointments to the Civil Service Commission. (Interviews to be scheduled.) Director Keck, seconded by Vice Mayor Cazort, made a motion to make the listed modifications to the agenda. By unanimous voice vote of the board members present the modifications were made to the agenda. Director Lichty made a motion to add the Additions to the agenda to the Consent Agenda, the motion was seconded by Director Adcock, and by unanimous voice vote of the board members present, items M -3 and M -4 were added to the Consent Agenda, with items M -1 and M -2 to be acted upon in Executive session. Ms. Dottie Funk, Chairperson of the City Beautiful Commission, presented City Beautiful Commission Landscape Awards. Awards were presented to Bank of the Ozarks, Randy Oates and Mark Ross, The Pulaski Bank and Mortgage, Bob McGehee, The Park at Riverdale, for exceeding landscaping requirements. Awards for voluntary upgrading for existing sites were (The entrance to Aberdeen Drive, an area in the Chenal Area,) designed by Tom Russell, landscape architect; to the Collins Building, Mark Alderfer accepted the award, Napa Valley Apartments, Barbie Davis, Vicki Parker accepted the award. Continued excellence awards were presented to Tom Russell, landscape architect, for the GMAC Center; and Trellis Square Shopping Center, Carolyn Bosheares, Milan Bosheares, and Frankie Bosheares accepted the award, and Grace Church. Director Hinton and Director Stewart made a presentation to Loretta Alexander, outgoing Chairman of the Racial and Cultural Diversity Commission. The Mayor and Directors thanked her for the hard work and commitment to the Commission and the city. The consent agenda, consisting of Items 1 -7, 9 -12, and Items M -3 and M -4 were read. Director Adcock made a motion to adopt the consent agenda, seconded by Director Keck. By unanimous voice vote of board members present the consent agenda was adopted. 1. MOTION - To approve minutes of the regular meetings: December 19, 2000, January 2, 2001, January 16, 2001 and the December 28, 2000 special meeting, and January 9, 2001 reconvened meeting. 2. RESOLUTION NO. 10,984 - Authorizing the City Manager to enter into an engineering services contract with AMI Engineering, Inc. for Mabelvale Cutoff, Chicot Road to Fairwood Drive Improvements, a 1999 TIP Project. 3. RESOLUTION NO. 10,985 - Authorizing the City Manager to enter into a contract with Cinergy, Inc., in the amount of $313,953 for 2000 Access Ramp Construction Project. 4. RESOLUTION NO. 10,986 - To set the date of Public Hearing for February 20, 2001 on the petition to vacate and close Gordon Road between Gordon Road and Chenal Valley Drive in the City of Little Rock, Arkansas. 5. RESOLUTION NO. 10,987 - Authorizing the City Manager to enter into a contract with Clark Machinery Company to purchase one (1) Dual Drum Vibratory Asphalt Compactor in the amount of $69,558 for the Public Works Department. 6. RESOLUTION NO. 10,988 - Authorizing the City Manager to enter into a contract with Gene Summers Construction, in the amount of $240,114 for construction, of streets and drainage in Madison Heights Phase II. FA W Minutes February 6, 2001 7. RESOLUTION NO. 10,989 - Authorizing the purchase of thirteen (13) Police Sedans from the State Contract; and for other purposes. 8. RESOLUTION - To set the date of Public Hearing for February 20, 2001 on a appeal of the Planning Commissions decision to deny a Conditional Use Permit to Fellowship Bible Church for construction of an office building and accompanying parking lots at 1811,1801,1711 and 1701, Napa Valley Drive. (Planning Commission: 1 yes, 8 no, 1 abstention.) Staff recommends denial. (Withdrawn by applicant.) 9. RESOLUTION NO. 10,990 - Authorizing the City Manager to enter into a contract with Cruse Uniforms and Equipment, Fleet Safety Equipment, Inc., and LTS Inc. for the purchase of emergency vehicle lighting and equipment. 10. RESOLUTION NO. 10,991 - Authorizing the City Manager to enter into contact negotiations with Arkansas Children's Hospital for adolescent substance abuse prevention and intervention enhancement services for Little Rock youth, ages 14 —18. 11. RESOLUTION NO. 10,992 - Authorizing the City Manager to enter into contract negotiations with New Futures for Youth, Inc. for identifying three adolescent substance abuse issues through education and advocating for policy change. 12. RESOLUTION NO. 10,993 - To approve the appointment of William Roehrenbeck and Brenda Carlisle to The Board of Commissioners from the Quapaw Central Business Improvement District No. 5; and for other purposes. Citizens Communication was the next item to be considered. The first speaker was Don Darnell, 7007 E. Wakefield Drive, speaking on the Ice Storm Cleanup, thanking the Public Works Department for their effort in cleaning up after the ice storms. Dee White, 523 Booker Street, spoke on issues relating to unwise spending by the City government, and not having the citizen at heart when decisions are made. Rhea Cherrith, 1201 Apt. D, Madison Heights asked the board when the legislation on Fair Housing would be on the floor. Mayor Dailey answered that he believed it would be coming up next week. Ms. Kathy Wells, spoke on the issue of fair government saying that a city policy should be established that City staff remain neutral or non - partisan on pending issues and developments. 14. PUBLIC HEARING & ORDINANCE - To annex additional lands to the St. Charles Municipal Lighting Improvement District No. 1 of Little Rock, Arkansas, declaring an emergency; and for other purposes. (Deferred from January 16, 2001.) (Second reading.) (Deferred to an indefinite date.) The City Attorney, Tom Carpenter stated that Item 15 could be added back to the agenda, that it had no bearing on Item 14, which was deferred. Director Lichty made the motion to add Item 15 back to the agenda, seconded by Vice Mayor Cazort, and by unanimous voice vote of board members present, Item 15 was added back to the agenda, as a grouped item. The grouped items consisting of Items 15, 17, 18, and 19 were read The Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinances by unanimous vote of the Board members present. 15. ORDINANCE NO. 18424 - Reassessing the value of benefits to be received by owners of each of the several blocks, lots and parcels of land within the St. Charles Municipal Lighting Improvement District No. 1 of the Little Rock, Arkansas; assessing taxes thereon; and for other purposes. 16. ORDINANCE - Z- 4213 -E - Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled Bowman Plaza — Revised POD located at the northwest corner of Colonel Glenn and Bowman Roads, in the City of Little Rock, Arkansas, amending Ordinance No. 17,974 and Chapter 36 of the Code of Ordinances of the City of Little Rock; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. (Deferred from January 16, 2001.) (Deferred by applicant to February 20, 2001) 17. ORDINANCE - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Boundary Street Improvements for Bowman Plaza PED located on the north side of Colonel Glen and West Bowman Road. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. (Deferred from January 16, 2001.)(Deferred by applicant to February 20, 2001.) 120 Minutes February 6, 2001 18. ORDINANCE NO. 18,425 - To modify the permit fees for boring, excavation and curb cuts; to amend Little Rock, Rev. Code 30 -246 (1988); to declare an emergency: and for other purposes. 19. ORDINANCE NO. 18,426 - To amend Little Rock, Ark. Revised Code 2 -243 (a) (1988) to add Historic Preservation Consultant to the list of Professional Services; and for other purposes. (Second reading.) The next item to be considered was Item 13. Mayor Dailey recused. Mr. Carpenter explained that Mayor Dailey had a conflict of interest because of a relative (brother -in- law) with the applicant in this matter. Mr. Carpenter also stated that Vice Mayor Cazort asked if he had a conflict of interest, and it has been determined he does not have one. The question was whether or not the fact that his brother -in -law rents property from the applicant constituted a conflict. Mr. Carpenter stated that Director Lichty has also raised a question as to whether he has a conflict of interest because he is a successor trustee to a trust account that has some stock in the applicant but not ten percent or a controlling interest. Mr. Carpenter stated the answer under the city code is that there would be no conflict of interest. Mayor Dailey then turned the meeting over to Vice Mayor Cazort to preside over the rest of the meeting. Director Keck made the motion that if there is no third reading at tonight's meeting, that one week from tonight, the board would reconvene to have the third reading on Item 13, at 6 P.M. Director Adcock seconded the motion, and by unanimous voice vote of board members present the motion was approved. 13. ORDINANCE - Z- 4923 -A — Approving a modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled Summit Mall — Revised PCD, located at the southwest corner of Shackleford Road and Interstate 430, in the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 8 yes, 2 no, 1 abstention.) (Deferred from December 19, 2000.) (Second reading.) Mr. Carney stated that staff s recommendation is to be in favor of, and ask for the board's support of the proposal. He stated there are a variety of reasons and the issue is simply from staff's standpoint the appropriateness of this kind of development for this location, coupled with staff s commitment and the need for re- development of the University and Markham corridor. He stated that regardless of Summit Mall, that commercial area needs intensive help related to re- development and are prepared with the Urban Land Institute to proceed with developing a red - development plan and believe it can be successful and effective. He said in staffs judgment, the Summit Mall issue is driven by two major corporate partners related to the city's corporate community; The Simon Company represented in Little Rock for over thirty five years, and the Dillard's Corporation, with over two generations of doing business in the city, and in their review, in the need for retailing and this type of development, they concluded with other private sector businesses that this is an appropriate location, appropriate redevelopment, for the community and all of central Arkansas. He said the city staff agrees with them and believes this is a project worthy of city government support. Mr. Bob Turner, Public Works Director, and Mr. Jim Lawson, Planning and Development Directory, gave a brief overview on the land use and infrastructure issues of the project, and answered questions regarding the traffic studies that have been done for this development. Mr. Turner stated that whether the mall is approved or not approved the traffic is going to get continually worse, that improvements are needed regardless. Mr. Turner stated that traffic at the busy intersections of Markham Street and Shackleford and Interstate 630 wouldn't dramatically increase if the mall is built, saying the hours of operation would be different than at existing peak traffic times. Mr. Jim McKenzie, Executive Director of Metroplan, summarized the traffic study his group had done, and answered questions from board members concerning the study. Mr. McKenzie stated that if the Summit Mall were built, the additional traffic would use 17 to 24 percent of the capacity of I -430 and would push the interstate to capacity in five years. Mr. McKenzie agreed with Mr. Turner that I -630 at Financial Center parkway would be especially hard hit, as 80 percent of I -630's traffic loads from I -430. Mr. McKenzie stated that upgrading the Shackleford and 1 -430 intersection is projected to cost five to ten million dollars and did not think the money was out there for the improvements in the foreseeable future. Mr. Thomas Schneider, a senior president, representing Simon Property Group, gave an overview of the Simon Property Group, stating they had been in Little rock, and a corporate citizen of Little Rock for over thirty five years. He went on to state his group would spend up to $150 million dollars on the mall, adding approximately 2400 full time and part-time jobs. He stated the mall would generate overt $10 million in revenue in new real estate taxes, and over $32 million on sales tax revenues during the first ten years of operation. He stated that population trends in central Arkansas show that the area could support another mall. He said that the regions population had grown by fifty percent since the last mall was built in the 1970's. He cited some examples of redevelopment efforts in other cities 11 Z1 Minutes February 6, 2001 where new malls replaced existing ones. Mr. Schneider stated they felt confident in their ability to re- develop the University Mall. He said at University Mall, there was one major tenant in bankruptcy, one who has stated intent to leave at the end of their term, and a third that wants to move because of declining sales. He stated they look at that as a redevelopment opportunity. He went on to say that any new project affects existing projects. He said their business like any other business is competitive, but important that enterprise remains free. He said retail must change and evolve in order to remain vibrant and exciting. He stated he did not share the opinion that University Avenue would be in a downward spiral if the new mall were built. He sated he thought it could be better. Mr. Schneider asked Mr. Ernie Peters, who had done their traffic study to address some of the issues, the differences of the studies. Mr. Schneider said he had been responsible for all Simon's new mall development since 1988 and could not recall a situation where the developer had been asked to do an economic impact analysis, and stated that Mr. Wes Cherry, the Dillard's representative, were not aware of any either. Mr. Ernie Peters, with Peters and Associates Engineers, stated he had been in Little Rock since 1975, and had been a professional engineering consultant for approximately 20 years. He said his company specialty was traffic engineering. He said they were the best qualified to assess this project and the impact that it has on the infrastructure, and to identify the improvements that are needed to mitigate the full extent of the impact on the street infrastructure. He said they had done that and were rigorous in their analysis. He addressed the question of why there are differences in the studies, saying that Metroplan's models are planning in nature, and theirs was engineering in nature. He sated they were more general than in his study. He said they were very specific to the 1.2 million square foot mall, and the land uses that are proposed for it. He stated that conversely, Metroplan in their regional models, which are appropriate for regional networks taking into account two basics types of land uses, retail and non - retail. He said retail is what the study is dealing with. He said when they make assumptions relevant to non - retail uses, in other areas of the street network; there is a wide variety of uses that go into play in non - retail. He stated that residential is non - retail, office development is non - retail, parks are non - retail, and each has dramatic traffic impacts. He said it was very important to be specific in terms of the analysis and they had done that. He said the other point is that they state themselves they are intentionally conservative in their thresholds for levels of service. Director Lichty asked if Simon was going to participate in the Urban Land Institute study. Mr. Schneider stated that they have agreed if this proposal goes forward, they would increase their funding commitment to $25,000, and encouraged other people in the area to contribute to that effort as well. Director Kumpuris stated that he believed a major concern of the people in this area, that if the University Mall closed, the infill would not be of the quality of what would come in there, and asked if he could give some assurances as to what kinds of uses might be developed there, and maintaining this property and upgrading it, and come back to the board with this information. Mr. Wes Cherry, Dillard's, Inc., stated that regardless of where the mall is built, and it would be built, the affect on Park Plaza would be much the same. ( Dillard's is the anchor store at the Park Plaza Mall) Mr. Cherry stated that a lot of new malls are not being built these days, but said they have had comparable situations in other cities and have kept their existing stores open, as well as adding a location in the new mall sites. He said in some cases the stores are sold, and redeveloped. Director Adcock asked Mr. Cherry if Dillard's could make an agreement to keep Dillard's open for two years past the three years left on the present arrangement to keep stability in that center. Mr. Cherry stated that she was asking a very difficult thing of Dillards and said they have never done this, and candidly, would never do. He said they would not commit to a center any longer than they have to, even if Summit Mall were not being built, they would not commit to Park Plaza. He said retailers needed to maintain their flexibility as best they can. He said this was a request that Dillard's could not comply with. Mr. Carpenter, City Attorney, stated this was one of those issues that makes him nervous, because the property rights of Dillard's, which are not before the board, to the extent of asking for some sort of quid pro quo as part of the zoning is something that takes the board very close to almost a "taking a property right of Dillard's, and would have to be compensated, and he wanted to make that caution. He said what Dillard's does nor does not do, is not anything the city can demand in determining the propriety of this zoning request. Director Keck asked Mr. Cherry what happens at the end of their reciprocal easement agreement, which expires in the year 2003. Mr. Cherry stated it was at their option whether to remain open or not. He stated if they do not remain open, there are use restrictions in these documents, which prohibit various uses that the parties at the time of signing these documents found objectionable. He said they would be bound by these use restrictions but no longer obligated to operate. Director Keck asked if this agreement was in place when First Union became owner of Park Plaza. Mr. Cherry indicated that it was. Mr. Cherry stated that Ms. Zahner, Park Plaza representative, had spoken to them a number of times, trying to get them to extend their operating covenant, and have met with a stone wall. He said this was something that retailers never do. Ms. Anne Zahner, representing First Union, a public real estate investment trust, who purchased Park Plaza Mall in 1996. She stated that Dillard's owns actually more of what you would think of Park Plaza Mall than they 22 Minutes February 6, 2001 do. She stated Dillard's holds the cards for Park Plaza's future, and felt if Summit Mall is built, it's possible that Dillard's would shut one store, and their leases rewritten such that if one Dillard's store ceases operating for a period of time, the in -line or specialty shops can terminate their leases as well. She asked for an overall economic impact assessment, that takes the pluses and the minus and adds them together. She asked for a market analysis to determine if central Arkansas could support a fourth mall. Ms. Zahner introduced Mr. Kyle Cascioli, a consultant of First Union, gave an overview of the process and obstacles involved with redevelopment. Director Keck asked Ms. Zahner if the mall was not approved in Little Rock, but built somewhere else in the central Arkansas market, would she not find herself in the same predicament? Ms. Zahner said she was trying to find the best solution for Park Plaza, and if Park Plaza went down the tubes, there was a cost involved with holding and redeveloping the property. She stated if Dillard's is in a partnership with Simon to develop a new mall it owes, to its new partner (Simon) to attract as many sales dollars through those new stores as possible. Ms. Zahner stated if Dillard's renewed its operating covenant and agreed to stay for a reasonable period of time, she said she knew her in -line stores are obligated to stay. Ms. Zahner said they compete every day with other malls, and Park Plaza is a good location, and if Dillard's stayed in Park Plaza, she had no objection to a new mall. She said if Dillard's shuts one store, all of the other tenants can and are very likely to leave. Director Lichty stated if the Summit Mall were being proposed as an additional mall to meet a demand out there, and there was no one going to suffer on the other end, the application would be approved in a heartbeat. He said it is the impact, the economic impact on a community when something like this is proposed that bears very thoughtful consideration. He said he thought it did obligate the board of directors to look beyond just the land use and the zoning. He said he thought the board had every right to ask those questions. There was approximately 5 '/z hours of discussion. Ms. Doris Wright, 3701 Boyd Street, representing the John Barrow Neighborhood Association, Mr. Oley Rooker, 7715 Wood Forest Lane, representinj the Crystal Valley Property Owners Association, Dr. Charles E. Williams, 3023 W. 12 Street, Ms. Carol Rudd, 9600 W. 36th Street, all spoke in favor of the Summit Mall Development, citing economic growth, increased property values, regionalism, and increased revenues for the city. Mr. Jim Lynch, 16 Lenan Drive, Mr. Elliott Kumpe, 711 McAdoo Street, Ms. Ruth Bell, 7611 Briarwood, representing the League of Women Voters, Ms. Kathy Wells, Ms. Redonia Harshaw, 4318 W. 22 "d St., Mr. Sam Ledbetter, 324 Charles Street, Ms. Nancy Ledbetter, 324 Charles Street, Ms. Nell O'Neal, 6513 Cantrell Road, Mr. J. Wiggins, 119 Dennison, Mr. Lee Harris, 96 Romine Ct., Ms. Samatha Mayo, 707 N. Jackson, Mr. Hyatt Lee, 120 Vernon Street, Ms. Joyce Elliott, 7808 Lassie Lane, Mr. Lennie Dusek, 2802 W. 7th Street, Mr. Rod Bryan, 2802 W. 7th Street, spoke in opposition of the proposed Summit Mall, citing problems such as increased traffic in an already congested area, increased ozone and other environmental issues, westward sprawl, the redevelopment problems the city would face if the other two malls are closed, the overall economic impact of the mall, if built, would have on the city as a whole. 20. REPORT City Manager's Activity Report. Reminded the board of the February 23, 2001 Field Trip, and a brief update concerning the police departments investigation of the rapes reported in the past few weeks.. 21. RESOLUTION - To make appointments to the Civil Service Commission (Civil Service Commission appointments deferred to 2- 13 -01.) A motion was made by Director Keck to adjourn. Director Adcock seconded the motion, and by unanimous voice vote of board members present, the meeting adjourned at 12:20 AM. ATTEST: CIT CL NANCY WOOD APPROVED: M411 JIM DAILEY C$I