Loading...
HomeMy WebLinkAbout04-17-01SS Minutes Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas April 17, 2001 The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Daily presiding. Director Wyrick gave the invocation, which was followed by the Pledge of Allegiance. City Clerk, Nancy Wood called the roll with the following Directors present: Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, and Adcock — total 10; Absent 0. With a quorum present, Mayor Daily declared the Board of Directors in session and the proceedings of the meetings are recorded as follows: Presentations consisted of. - MEMS Annual Report — Mr Jack Murphy, representing the MEMS Board of Directors, introduced Mr. John Swanson, Executive Director, who presented their Annual Report. Say It Loud Youth, comprised of youth representing several area high schools, made a presentation to the Board of Directors, over viewing some of the highlights and the future projects of their organization. A motion was made by Director Adcock to add Item M -1 to the agenda; Vice Mayor Cazort seconded the motion. Director Adcock asked that Item M -1 be held separate. Mayor Dailey asked for Item 4 to be held separate due to having a speaker card from a citizen. Director Hinton asked for Item 24 to be included in the Grouped Items; Items 6, 9, 10, 19, and 22 were asked to be deferred. Director Lichty seconded the motion. By unanimous voice vote of board members present, Item M -1 was added and held separate, and Item 4 was held separate, and Item 24 was added to the Grouped Items, and Items 6,9,10,19, and 22 were deferred. M -1. RESOLUTION NO. 11,051— To authorize Public Works Department to perform city yard waste compost; and for other purposes. The Resolution was read and following a brief discussion, and an over by Public Works Director Bob Turner, Vice Mayor Cazort made a motion for the adoption of the Resolution; Director Adcock seconded the motion, and by unanimous voice vote of the board members present, the Resolution was adopted. 4. RESOLUTION NO. 11,048 - To express the intent of the City of Little Rock to extend the Little Rock Planning Area and institute zone and subdivision regulations. (Planning Commission: 7 yes, 4 absent.) Staff recommends approval. The resolution was read. The consent agenda consisted of Items 1,2,3,5, as follows: 1. MOTION - To approve minutes of the Board of Directors regular meeting: March 20, 2001. 2. RESOLUTION NO. 11,046 - Changing the name of 81s' Street between Scott Hamilton Drive and the Arkansas Electric Cooperative Complex to Cooperative Way. (Planning Commission: 9 yes, 2 absent.) Staff recommends approval. 3. RESOLUTION NO. 11,047 - Of the Board of Directors of the City of Little Rock, Arkansas in support of the Reservoir Neighborhood Action Plan. (Planning Commission: 8 yes, 3 absent.) Staff recommends approval. 5. RESOLUTION NO. 11,049 - Authorizing the Mayor and City Manager of the City of Little Rock to proceed with matters preliminary to the issuance of General Obligation Limited Tax Refunding Bonds; approving the preparation and delivery of a preliminary official statement; and setting forth other matters pertaining to the refunding bonds. - Director Keck asked the City Attorney about any potential conflicts of interest, and if that had changed with either of the companies representing the City, given some of the actions taking place related to the Summit Mall, and the referendum that is being proposed. Mr. Carpenter, City Attorney, responded that as to the legal counsel issue, at the time the Rose Law Firm was hired as legal counsel, they mentioned in their letter of engagement, that they had taken as a client, an entity that was opposed to the re- zoning of the Summit Mall. Since that time, one of the members of that firm has provided some basic advise on how the referendums process works, and that he didn't have any problems with that. He said he had received information today that in fact they had been presenting, at least, an argument to one of the local newspapers if not others as to why the referendum should be used, and did not know if that was accurate, but that was beyond simply saying this is what a referendum should look like. Mr. Carpenter stated that he had not had a chance to check out whether this was fact or not. He said that question would be one for the board. Director Keck asked if the board could hear from Ms. Jane Dickey, and attorney representing Rose Law Firm. Director Keck asked Ms. Dickey if she felt there was any conflict between what is being done in regard to this bond issue refunding and their other action her firm was involved with. Ms. Dickey answered that she did not believe so, that the Rose Law Firm was not representing a client that is involved in any action that is adverse to the City of Little Rock. Ms. Dickey stated that her firm did owe the City a duty of loyalty that they take very seriously. Mr. Carpenter stated that the Rose Law Firm was very upfront in their letter that they had been providing advice to one of the entities that was opposed to the Summit Mall, and that he had pointed out for the record that the board has consistently held the position that until it makes a decision on zoning matter, there is no board position, and therefore no firm is precluded from appearing for or against a zoning ordinance, and being hired by the city. He said that isn't the issue that the issue is have they done more than simply say "this is what a referendum should look like under Arkansas law." He said that is generally a matter of public legal advice. It was this afternoon that he had heard they had gone beyond that and did not have any information regarding this. Ms. Dickey stated that she did not have any information regarding that issue either. She said she was at a bit of a loss to respond. Director Lichty asked if there was some ensuing litigation over this matter, how does that change the complexion of the Rose Law Firm? Ms. Dickey stated that the Rose Law Firm would not be involved in it, at any time they represent the City of Little Rock. Director Adcock made a motion for the adoption of the consent agenda; Director Keck seconded the motion, and by unanimous voice vote of the board members present, the consent agenda was adopted. Mayor .Dailey recused on Item 2, of the consent agenda. 4. RESOLUTION NO. 11,048 - To express the intent of the City of Little Rock to extend the Little Rock Planning Area and institute zone and subdivision regulations. (Planning Commission: 7 yes, 4 absent.) Staff recommends approval. The resolution was read. Mr. Tim Cane spoke in opposition to the extension of the planning area, saying that citizens in these areas had no representation on the Planning Commission, and no voice in what is planned for these areas. Mayor Dailey stated the issue had been raised at the last meeting (agenda meeting of March 27, 2001), regarding having a representative on the Planning Commission from the extended areas and that as he understood it, it would take some sort of state legislation to allow it to happen, and hoped the issue would not go away. Mr. J. L. Weaver spoke in opposition saying that he would like postponement because the property owners within the extra territorial have no representation and have been disenfranchised from a right to representations on any of the boards' that dictate the zoning and land use for property. He said that state legislation has ordered a study to address these issues of lack of representation and would like for this issue to be postponed until the interim study is done, and dialog could begin with the entities involved. Director Wyrick asked if he could share the information of the interim study. Mr. Weaver said right now they knew very little, because they didn't confirm until today that they were successful in getting the study. He said as soon as he knew he would inform the board. He said all they want is a voice, and they deserve a voice. Director Wyrick asked Mr. Carpenter if other information had been obtained in adding someone in the extraterritorial boundary to the Planning Commission. Mr. Carpenter stated he had tracked down a couple of things that he is looking at, and would have it to the board by Thursday. Mr. Jim Lawson, Planning and Development Director explained that the item he deferred, Item 19, was pulled because in the write up it refers to the word zoning. He said Item 19 was supposed to be to extend the city's subdivision jurisdiction only. He said the other aspect that is being discussed is zoning and those are two different issues. He said what has been done in the past when areas have been zoned is to come to the board to declare the intent. He said all that does is let the staff go out and start the process. He said what whey would do on zoning is go out and meet with the people in the neighborhood and come back to the board with a zoning plan and then zone the area all at one time. He said this was done on Hwy 10 and some other areas. He said they met with almost everyone out in these areas. He said they did not want to go out in these areas and start working and people would tell them that the board didn't tell staff to come out here, and there is no support to do what you are doing. Mr. Lawson said all that is being asked in this resolution is for the board to direct staff to begin the process. He stated when they come back to the board, the board then has the option of saying this will not work, the area won't be zone or we are going to zone, but as far as extending the subdivision jurisdiction, this would be brought back because since 1995 as the city has annexed, the line has not been extended. Director Kumpuris stated that in reality the citizens in these areas do have a voice in the process. Mr. Lawson answered yes, because the plan to meet with every landowner in the area. Director Kumpuris stated then they have a voice to come back to the board if whatever is presented they either agree or disagree with it, and also give staff time to see about putting someone one the Planning 5J Commission for that unincorporated area. Mr. Lawson said that was correct. Mr. Lawson announced that the plan is to have three or four hearings out in the area, and the Planning Commission would have three or four before it would come before the board. Mr. Lawson said the process would probably take a year. The resolution was read. Director Lichty made a motion to adopt the resolution; Vice Mayor Cazort seconded the motion, and by unanimous voice vote of the board members present, the resolution was adopted. The next items for consideration were Grouped Items: (6 -20 and Item 24): 6. ORDINANCE - LU- 01- 19 -01- To amend the Land. Use Plan (16,222) in the Chenal Planning District located at 13,000 Chenal Parkway) from Multi - family, to Mixed Use; and for other purposes. (Planning Commission: 9 yes, 2 absent.) Staff recommends approval. (Item was deferred due to incomplete paperwork.) 7. ORDINANCE NO. 18,457 - LU- 01 -19 -03 - To amend the Land Use Plan (16,222) in the Chenal Planning District located at Rahling Road and Chenal Parkway from Multi - family, Park/Open Space, Single Family, and Community Shopping to Community Shopping; and for other purposes. (Planning Commission: 9 yes, 2 absent.) Staff recommends approval. 8. ORDINANCE NO. 18,458 - LU- 01 -18 -01 - To amend the Land Use Plan (16,222) in the Ellis Mountain Planning District located at Gamble Road and Stacy Lane from Office to Multi - family; and for other purposes. (Planning Commission: 7 yes, 1 no, 2 absent, 1 abstention.) Staff recommends approval. 9. ORDINANCE - S -1303 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas providing for a variance to allow a lot without public street frontage for Gamble Road Subdivision — preliminary plat located at the northwest corner of Chenal Parkway and Gamble Road. (Planning Commission: 9 yes, 2 absent.) Staff recommends approval. (Item deferred due to incomplete paperwork.). 10. ORDINANCE - Z- 6915 -A - Approving a Planned Zoning Development and establishing a Planned Commercial District titled — Davis Properties — Short Form PCD- located at the northwest corner of Chenal Parkway and Gamble 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: 9 yes, 2 absent.) Staff recommends approval. (Item deferred due to incomplete paperwork.). 11. ORDINANCE NO. 18,459 - Z -6981— Approving a Planned Zoning Development and establishing a Planned District — Residential Titled- Fricklin — Short Form PD -R located on the west side of Gamble Road, approximately 600 feet south of West Markham Street in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. 12. ORDINANCE NO. 18,460 - Z- 3500 -D - Approving a Planned Zoning Development and establishing a Planned Development titled — Pereira— Short Form PD -O- located at 212 N. McKinley 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: 8 yes, 1 no, 2 absent.) Staff recommends approval. 13. ORDINANCE NO. 18,461 - Z -5340 — Repealing Ordinance No. 15,920 and revoking a Planned Zoning District titled Investment Motorcar Corporation — Short Form PCD located at 2905 Cantrell Road; and for other purposes. (Planning Commission: 9 yes, 2 absent.) Staff recommends approval. 14. ORDINANCE NO. 18,462 - Z- 2845 -C - To reclassify property located at 8900 Geyer Springs Road in the City of Little Rock, Arkansas, from R -2, Single Family District to C -3, General Commercial District; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 8 yes, 3 absent.) Staff recommends approval. 15. ORDINANCE NO. 18,463 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas providing driveway spacing waiver for Integra Subdivision located at southwest corner of Baseline Road and Geyer Springs Road, 16. ORDINANCE NO. 18,464 - Z- 5099 -B - To reclassify property located at 19,900 `— Cantrell Road in the City of Little Rock, Arkansas, from C -2, Shopping Center District to C -3, General Commercial District; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 9 yes, 2 absent.) Staff recommends approval. 17. ORDINANCE NO. 18,465 - Z -6878 - To reclassifil property located at 7618 Fluid Drive in the City of Little Rock, Arkansas, from R -2, Single Family District to C -3, General Commercial District; and OS, Open Space District; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 9 yes, 2 absent.) Staff recommends approval. 3 18 ORDINANCE NO. 18,466 - Z -6983 - To reclassify property located at 1001 E. 7 t Street in the City of Little Rock, Arkansas, from R -4A., Residential District to UU, Urban Use District; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 8 yes, 2 absent, 1 abstention.) Staff recommends approval. 19. ORDINANCE - Approving a Planning Boundary of three (3) miles from the Little Rock City Limits, repealing Ordinance No. 15,543 and other issues. (Item was deferred to May 1, 2001.) 20. ORDINANCE NO. 18,467 - (S -1305) - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a variance to allow a pipe stem lot with reduced pipe stem width for Parkside Addition — preliminary plat, located at 4322 "I" Street. (Planning Commission: 8 yes, 2 absent, 1 abstention.) Staff recommends approval. 24. ORDINANCE NO. 18,468 - To appropriate $90,000 for the Local Initiatives Support Corporation (LISC) to provide low to moderate housing assistance; to declare it impractical and unfeasible to engage in a competitive selection process; to declare an emergency; and for other purposes. The Ordinances were 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, being ten in number and two - thirds or more of the members of the Board of Directors. By unanimous voice vote of board members present, the ordinances and the emergency clause were adopted. 21. RESOLUTION NO. 11,050 - Authorizing the City Manager to enter into a contract with EZ Go Textron to lease golf carts for the City's three municipal golf courses. The resolution was read. Mr. Bill Coker, the owner of Golf Cars of Arkansas, started a presentation on why it would be in the best interest of the city to stay in their current line of golf cars for all the City courses. Mayor Dailey interrupted the presentation stating that this was not the norm for the board to get into trying to compare products and outguess staff on bids. He asked if this information had been presented to staff prior to bid letting, and that staff still recommended the other bid. Mr. Coker said that it had been shared. Mayor Dailey allowed him to continue with the presentation, but stated it was an uncomfortable position for the board in trying to place them in a judging position on bids, because then someone could come in every day disputing the recommendation. Mr. Coker proceeded with his presentation. Mayor Dailey interrupted again, and recognized Mr. Carpenter, City Attorney. Mr. Carpenter stated his concern was that when he heard there was going to be a challenge to this, he tried to find out what it was, and essentially what he was told was that the bid specifications were quite clear, that one type of cart could be bid, and a bid came in that amounted to five dollars less per cart. All carts met bid specifications. Mr. Carpenter said there is nothing so unique about golf carts like telephone systems or like pipe systems for entire water mains that would allow the board to ignore the bids. He said the only question before the board is do you reject any and all bids, not whether you take the Yamaha one over what was the lowest bid. Mr. Carpenter stated that the presentation could continue but what they, were getting is a sales pitch as to why Yamaha is great. Mr. Carpenter stated that no one denies that Yamaha is great; but it just wasn't the lowest bid, and unless he hears that there is something wrong with the bid specs, he didn't know that this was an appropriate question for the board. Mayor Dailey asked if staff could give an overview of the process. Mr. Jerry Paul, Purchasing Director, stated that bid specs were followed, the process was followed and the bid selected met the specifications. Mayor Dailey stated to Mr. Coker that there are hundreds of bids dealt with all the time within the city, and unless the process outlined, rather than in the product is faulted then he would welcome any comment on that but as far as the board trying to become experts on the individual products, he did not think there would be a lot of willingness for the board to listen to that. Mr. Coker raised the question of maintenance. Mr. Paul stated the lease price is to include but not be limited to all parts, maintenance, batteries and replacements, and all delivery costs, including when maintenance is required, tire changing and maintenance, battery, watering and maintenance would be done by city staff. Vice Mayor Cazort made the motion to adopt the resolution. Director Keck seconded the motion, and by unanimous voice vote of board members present the resolution was adopted. 22. PUBLIC HEARING & ORDINANCE - Confirming, the authorization to issue Industrial Development Revenue Bonds; prescribing other matters relating thereto. (United Systems of Arkansas.) (Deferred from April 2, 2001.) (Ordinance forthcoming.) (Item deferred to May 1, 2001.) 4 23. ORDINANCE - To amend Ordinance No. 18,409 ( "The 2001 Budget Ordinance ") to appropriate and reallocate funds; and for other purposes. (Item deferred to May 1, 2001. 25. ORDINANCE NO. 18,469 - Dispensing with competitive bidding and authorizing the City Manager to enter into a contract with Ballet Arkansas to provide educational and cultural services to the City of little Rock; declaring an emergency; and for other purposes. (Ordinance forthcoming.) 26. REPORT - City Manager's Activity Report. Mr. Bruce Moore, Acting City Manager, presented two items. He announced that on Thursday of this week the Parks Department would be working in Centennial Park. He said there would be an employee workday. He announced that on Sunday, at Stephens Community Center that Stephens School and Center dedication would be held at 3:00 P.M., and encouraged board members to attend both events. Citizen Communication was the last item to be considered. Ms. Dottie Funk, City Beautiful Commissioner, was the first speaker, speaking on the Landscaping and Tree Ordinance. She said the City Beautiful Commission presently, whenever someone comes to the city and asks for a variance, the request goes to the City Beautiful Commission and they are very lenient. She stated the very first thing that came before them last month, was someone asking for total variance, meaning they did not want to comply with anything. She stated, this gives pause to the fact that if there is no one there to oversee these variances, if City Beautiful was not going to do this, there needed to be some kind of board or a group of citizens with the same authority the City Beautiful Commission had, and the people with the same desire to see preservation of the environment or the natural beauty of the city. She asked the board to look at the history and when consideration is given to abolishing the commission. Mr. Troy Laha, gave a briefing on the Land Alteration Task Force. He stated in 1998 there was a lot of clear- cutting in west Little Rock, and other places. He said the citizens sort of got up in arms about it, and in September of 1998 a task force was begun to study the new ordinances, and re -write them. He said the mission statement of the task force was to provide to the City of Little Rock a set of guidelines that protects and enhances the natural and cultural landscapes with consideration to the economy and the environment. He said the focus was on three areas, trees, excavation, and landscaping requirements. He said a lot of people were involved in working on this, and after researching ordinances from several different cities, the task force published those, and developers were concerned and they got involved with their ideas, then the process went to mediation and eventually wound up with something that was agreeable, and doable. He said as a result the city has a revised set of landscaping, excavation and buffer regulations and newly created ordinances for trees. He said as result of this work a program called Trees for Tomorrow, which was created by Little Rock Parks and Recreation, to replace; trees lost in storms, urban forestry programs, landscaping architects, and the formation of the Little Rock Tree Foundation to further enhance the education and promote the value of trees to communities. Some recommendations the task force made to the board was a periodic review of updating of these ordinances, keep abreast of ordinance requirements in other cities, provide sufficient qualified staff to oversee and enforce these ordinances. Assure that requests for variances be heard by citizen groups such as City Beautiful Commission, be remained of the mission statement developed by the task force, give priority to acquisition of green space, and on February 22, the Land Alteration Task Force was presented the Citizens Planning Award by the Arkansas Chapter of the American Planning Association. This concluded Citizen Communication. The board recessed at 8:55 PM to go into executive session to continue with the evaluation process of City Attorney, Tom Carpenter. The board reconvened at 9:25 PM. Mayor Dailey announced that the board has been very positively impressed with some of the improvements dealing with technology and response of the City Attorney's Office and plan to continue periodic meetings with the City Attorney, but at this time everything was very positive and the board was pleased. A motion was made by Director Keck to adjourn the meeting. Vice Mayor Cazort seconded the motion, and by unanimous voice vote the meeting was adjourned at 9:28 PM. ATTEST: 7 Nan y Woo , City Clerk APPROVED: /N. Ji Dailey, Mayor - %