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HomeMy WebLinkAbout05-15-01Minutes cr y Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas May 15, 2001 6:OOP.M The Board of Directors of the City of Little Rock, May 15, 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 Graves, followed by the Pledge of Allegiance. Modifications to the Agenda consisted of: ADDITIONS: 1. PRESENTATION - Proclamation to declare Public Works Week, May 20, through May 26, 2001. M -2. ORDINANCE - Dispensing with competitive bidding and authorizing the City Manager to enter into a sole source contract with New Futures for Youth, Inc. in the amount of $48,000 for the Math and Science Transitions (MAST) project based learning program; declaring and emergency; and for other purposes. M -3 RESOLUTION - To approve the terms and provisions of that certain First Amendment to Amended, Restated, and Substituted Lease and Concession Agreement (The "First Amendment ") by and between the City of Little Rock, Arkansas (The "City ") and BG Excelsior Limited Partnership, a Tennessee Limited Partnership, and that certain Landlord's Consent and Waiver Agreement (The "Consent ") by and between the City and GMAC Commercial Mortgage Corporation, a California Corporation; to authorize the Mayor and the City Clerk to execute the same and to take any and all steps necessary to fully effectuate the transaction; and for other purposes. MODIFICATIONS 4. RESOLUTION - Authorizing the City Manager to enter into a contract with Landers Chevrolet for the purchase of two (2) 4 WD '/z Ton Suburban Carryall's in the amount for $54,860 for the Little Rock Fire Department. (The, amount of purchase price is listed incorrectly. It was listed at $59,280, and should be $54,860.) 18. ORDINANCE - Authorizing the City Manager to enter into a Sole Source Agreement with National Conference for Community Justice (NCCJ) to conduct Unitown Workshops in the Little Rock School District. (The item was listed in the Board Communication as a Resolution; the legal department has determined it is an Ordinance.) 10. RESOLUTION - ecting staff to initiate the process of designation the Stephens Neighborhood as a Targeted Neighborhood Enhancement Area and to develop the required plan. (Page 2, Section 2 of the ordinance was amended to read. This area will be defined by I -630 to the north, Woodrow Street to the east, Roosevelt Road and Asher Avenue to the south and University Avenue to the west. A motion was made by Director Adcock seconded by Director Cazort, to make the listed modification, and to add items M -2 to the Consent Agenda and to Group Item M -3. By unanimous voice vote of the Board Members present, the modifications were made. Mayor Dailey announced the following presentations: Employee Appreciation Week Proclamation, Mr. Don Flegal, Director of Human Resources for the City of Little Rock, presented a review of the appreciation week events. A proclamation was read by Mayor Dailey to declare Public Works Week, May 20 -May --- 26,2001. The next presentation was by Chief Lawrence Johnson, Police Chief, Little Rock Police Department, announcing the Police Department Re- accreditation, and thanking staff that was involved in the process. Mr. Van Tilbury gave the Annual Riverfest Update, Mr. Charles Lightfoot, a junior at Central High School gave an update of his volunteer efforts in raising money to assist in making repairs to the Belvedere Theatre in riverfront Park. Mayor Dailey also recognized Boy Scout Troop 604. i �R The consent agenda consisted of the following items: 1. MOTION - To approve minutes of the Board of Directors regular meeting: April 17, 2001. 2. RESOLUTION NO. 11,059 - Authorizing the City Manager to enter into a contract with Newman Traffic Signs for reflective sign sheeting materials for the Traffic Control Section of the Public Works Department. 3. RESOLUTION NO. 11,060 - Authorizing the City Manager to enter into a contract with Scott Construction Equipment for the purchase of one (1) hydraulic excavator for the Parks and Recreation Department, and for other puuToses. 4. RESOLUTION NO. 11,061 - To authorize the City Manager to enter into a contract with Landers Chevrolet for the purchase of two (2) 4• -WD %2 Ton Suburban/Carryall's in the amount of $54,860 for the Little Rock Fire Department. 5. RESOLUTION NO. 11,062 - Authorizing the Mayor and City Clerk to execute documents for the sale of a portion of City owned property on the Arkansas River for flowage easement to the Corps of Engineers. 6. RESOLUTION NO. 11,063 - Authorizing the City Manager to enter into a contract with W.C. Looper Roofing to supply material and labor to reroof City Hall Annex in the amount of fifty six thousand two hundred dollars ($56,200) and for other purposes. 7. RESOLUTION NO. 11,064 - To authorize the City Manager to enter into a contract with Derrick and Latoria Straw as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan in the amount of $18,270. 8. RESOLUTION NO. 11,065 - To authorize the City Manager to enter iN neighborhood Enhancement Plan in the amount of $6,530. 9. RESOLUTION NO. 11,066 - Authorizing the City Manager to execute an extension of the existing agreement providing for life insurance; coverage for city employees; and for other purposes. 10. RESOLUTION NO. 11,067 - Directing staff to initiate the process of designating the Stephens Neighborhood as Targeted Neighborhood Enhancement Area and to develop the required plan. M -3 RESOLUTION NO. 11,068 - To approve the terms and provisions of that certain First Amendment to Amended, Restated, and Substituted Lease and Concession Agreement (The "First Amendment ") by and between -the City of Little Rock, Arkansas (The "City ") and BG Excelsior Limited Partnership, a Tennessee Limited Partnership, and that certain Landlord's Consent and Waiver Agreement (The "Consent ") by and between the City and GMAC Commercial Mortgage Corporation, a California Corporation; to authorize the Mayor and the City Clerk to execute the same and to take any and all steps necessary to fully effectuate the transaction; and for other purposes. The consent agenda was read. A motion was made by Director Keck to adopt the consent agenda. Vice Mayor Cazort seconded the motion, and by unanimous voice vote of board members present, (Items 1 -10 and Item M -3) the consent agenda was adopted. The Grouped Items: (11 — 17) was the next consideration. 11. ORDINANCE NO. 18,477 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Street Improvements for Immanuel West Church, located at 18,020 Cantrell Road. Staff recommends approval. 12. ORDINANCE NO. 18,478 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a defers -al of Master Street Plan Sidewalk Construction for United Engines Inc., Triangle Properties Industrial Park, Lot 3 and 5 located at 94011-30. Staff recommends approval. 13. ORDINANCE NO. 18,479 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Right of Way Requirements and Street Construction for Affiliated Foods located on Martel Street frontage. Staff recommends approval. 14. ORDINANCE NO. 18,480 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Street Construction for Rocky Replat Center located at southeast corner of Baseline and Chicot Road. (Planning Commission: 2 yes, 8 no.) 15. ORDINANCE NO. 18,481 - Dispensing with competitive bidding and authorizing the City Manager to enter into a contract with Records Imaging System, Inc. to purchase an upgrade for the Little Rock Police Department's Optical Disk System; declaring and emergency; and for other purposes. 2 U& 16. ORDINANCE NO. 18,482 - Authorizing the issuance of limited tax general obligation refunding bonds for the purpose of refunding outstanding bonds; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the bonds; prescribing other matters related thereto; and declaring an emergency. 17. ORDINANCE NO. 18,483 - To amend the Little Rock Transportation Code, codified Little Rock, Ark., Rev. Code 34 -1 to 34 -197 (1988), to delete reference to minivans regarding airport shuttle vehicles, declaring an emergency; and for other purposes. M -2. ORDINANCE NO. 18,487 - Dispensing with competitive bidding and authorizing the City Manager to enter into a sole source contract with New Futures for Youth, Inc. in the amount of $48,000 for the Math and Science Transitions (MAST) project based learning program; declaring and 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 the board members present, the ordinances and emergency clauses were adopted. 18. ORDINANCE NO. 18,484 - Dispensing with competitive bidding and authorizing the City Manager to enter into a sole source contract with the National Conference for Community Justice ( "NCCJ ") in the amount of seventy -one thousand nine hundred fourteen dollars ($71,914.) to conduct Unitown Workshops in the Little Rock School District; and for other purposes. Ms. Ruth Sheppard introduced several students who had participated in the program for last year. 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. By unanimous voice vote of the board members present, the Ordinance was adopted. 19. ORDINANCE NO. 18,485 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas providing for a waiver of Master Street Plan Right -of -Way Requirements and Street Construction for Affiliated Foods located on East 31st Street frontage. Staff recommends denial. Mr. Bob Turner gave a brief presentation and overview of the project. There was some discussion by the board. 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. A voice vote was The Ordinance was adopted unanimously. Mayor Dailey recognized Boy Scout Troop 7. 20. ORDINANCE NO. 18,486 - Granting a franchise to the George W. Donaghey Foundation for air rights above 8h Street to be occupied by a parking deck located between Main Street and the north/south alley between Main and Scott Streets; relocating Skywalk "B" granted in Little Rock Ordinance No. 18,364 (September 26, 2000) to a point near the middle of the block above Main Street for Skywalk purposes; authorizing the City to enter into a Skywalk Agreement with the George W. Donaghey Foundation; and for other purposes. The Ordinance was read the first time. Reverend Howard Gordon spoke in opposition to the project, saying the hours that the parking deck would operate would present security problems, in that it would be vacant for sixteen hours a day. He asked for those in the area to be able to have some input in what will happen during the hours the deck is vacant. Mr. Dickson Flake spoke in favor of the project giving a brief history of the project process. He said in the effort to save the existing. Donaghey Building it required alterations to the existing plans. He said there was a buyer after a considerable marketing effort. He said the Donaghey Building entered a contingent contract to sell the Donaghy South Building for Preservation and to totally change the parking deck arrangement. He said the contract was made contingent on the city's approval of the various changes. He said he came before the board on November 8 of last year and Resolution 10,923 was passed, which provided the existing parking deck permit would apply to the new deck, moving the skywalk to the south in order to save the building, and save 8t" Street. He said the reason they did not do the franchise at that time was because they did not have enough of the redesign in order to put the specifics in the U7 franchise ordinance. He said the contract was entered into with the buyer. The Donaghey Foundation and the State made about two million dollars in commitments. Mr. Flake said they totally threw out the plans and redesigned, due to the changes in the deck and skywalk. Mr. Flake said he would set up a briefing with the architects and Reverend Gordon and some of his lay members to go over all the plans with them, and see if there were concerns. 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. By unanimous voice vote of the board members present, the ordinance was adopted. The next item for consideration was: 21. ORDINANCE NO. 18,488 - Approving a Planning Boundary of three (3) miles from the Little Rock city limits, repealing Ordinance 15,543, and other issues. The ordinance was read the second time. Mr. Jim Lawson, Planning and Development Director, gave an overview, saying it was very important to plan for the future. He said this could be thirty or more years away. He said they have gone out and defined the three -mile buffer, by law they have five miles, but have chosen only three. He said there are areas where they didn't even go out to the three -mile area. He presented sketches of maps showing the areas. He said this ordinance included the subdivision ordinance and master street plan only; it did not include any zoning. He said the jurisdiction helps to prevent future costs to Little Rock taxpayers. He said it's for areas that people are subdividing. It only affects property owners who are trying to sell off less than five acre plots. He stated the laws providing for the extraterritorial extension have been around since 1957. He said the city, during that time has annexed about 17 square miles into the city. He said it does not require anyone selling less than five -acre plot to file a plat showing how the land would be sold and divided and two utilities would be extended to it, and those kinds of things. He said that by the city having this jurisdiction, the developer puts in the improvements they should be putting in, the streets, and water, and sewer in some cases. He said if it is done correctly the first time, then it wouldn't come back to the taxpayers. He said they have found this also protects property values. He said this ordinance would not raise property taxes, would not regulate the zoning of the property, even if a plat were filed. He said it doesn't require building permits if you are outside the city limits. He said livestock is allowed. This only controls what land would be developed at some point to have a future impact. Tim Cane, Ken Jones, Thea Hauft, J.L. Weaver, Selma Moore Douglas, Dana Gonzales, James Johnston, and Mike Mitchell spoke in opposition to the three -mile extension. Reasons cited were that they did not want to be a part of the city, were satisfied with the control of the county. They stated they did not want to see some of the natural sights disturbed by city planners, they stated they chose to live outside the city limits. Some asked for the item to be tabled pending further research. Reverend J. L. Weaver stated some other reasons were that they as property owners would not have any representation on what happens to their property. Reverend Weaver also stated the property owners had serious reservations about the sequence to extend under state law. He read Part B, paragraph 1, which stated that the Planning Commission should designate the area within the territorial jurisdiction for which it will prepare plans, ordinances and regulations. Part 2, (The Planning Commission, given authority, are required) a description of the boundaries of the areas shall be filed with the City Clerk and the County Recorder. He said he did not think the city had followed the proper sequence. He said the reason for the recording is so the public might have access to that, that the citizens might be informed. H said none of the people had been informed with the exception of one lady who works for (Little Rock) Public Works. He contended that no one else knew. He said the next step in the process. Are studies. It says that the Planning Commission shall undertake suitable studies to plan, for plans to be prepared, the studies shall be conducted after the completion of the Planning Area Map and prior preparation of the plans. He said that is the sequence under state law, and felt the public should have been informed under state law. He said it seemed to him the city had their "cart before the legal horse ". He said the purpose was for public access to that map, so they might be informed. Ms. Ruth Bell, League of Pulaski County Women Voters, speaking in favor of the extension with the city and county government partnering in the planning of the area, with a chance for slow growth and a better infrastructure needs of the city in areas of roads and transportation, to catch up with the geographic boundaries. She asked for a more shared approach in the project. She said it would also assure that fire and ambulance would be able to access the sub- divisions in the extraterritorial area. Ms. T. L. Jumper, a twenty year resident of Ferndale, spoke in favor of the extension, saying the proposed subdivision ordinance and the potential future zoning in the potential extraterritorial boundaries, would be a good thing for Ferndale. She said she believed this was the best thing for this beautiful area. She said there is currently no zoning whatsoever, and she has no say as to what can be constructed next to her. She said this has happened to her personally and each day she must look at what was a beautiful residential property, turned into a business with a tall chain link fence, lighted brightly at night with watch lights, and is stacked with utility trailers all the time. She said she knew this business would be grand fathered in, but would like in the future a review process in place if another residential property wants to turn into a business near her home. She said relatively few people in Ferndale would be affected unless they make the choice to develop their own property. She stated this ordinance would let growth occur in a planned and orderly manner and help preserve the beauty of Ferndale. 22. REPORT - City Manager's Activity Report. Mr. Norm Floyd was the only speaker presented for Citizen Communication. Mr. Floyd discussed city yard waste pickup confusion. Director Keck asked Assistant City Manager Bruce Moore if he could get clarification on the special yard waste pickup. Mr. Moore said staff would do that. Director Pugh asked if anything was being done as far as getting the petitions for Summit Mall counted. Mayor Dailey turned the meeting over to Vice Mayor Cazort and recused, due to discussion on the Summit Mall project. Director Pugh said she was ready to move on with it. She said she had a resolution to provide for a timeline on getting the petitions counted, and do what ever needs to be done. Director Lichty stated that the city is in litigation or would be, and would like the City Attorney's opinion on this. Mr. Carpenter stated in terms of the resolution to go forward on the referendum issue, the answer was "no." Vice Mayor Cazort stated he could not recognize the resolution, due to pending litigation at this time. Director Stewart asked why the petitions were even accepted if they were not legal. Mr. Carpenter stated the Arkansas Supreme Court, in its wisdom, has always dealt with cases in which the referendum petition was accepted by the city even though the election was not called by the governing body. He stated that not finding anything that directs the city to reject the petitions, they were accepted as tendered so that the city would know an accurate count of names should there ever be a challenge as of the necessary date under Amendment 7. Director Keck made a motion to recess to May 29, 2001 (to consider a contract for Summer Youth Employment Services, Director Adcock seconded the motion, and by unanimous voice vote of the board members present, the meeting recessed at 8:45 PM. ATTEST: Na cy Wo d, City Clerk 5 APPROVED: Jim Dailey, Mayor Ise,