HomeMy WebLinkAbout10-01-05MINUTES
Board of Directors Room
City Hall — 500 W. Markham
Little Rock, Arkansas
October 1, 2002
6:00 PM
The Board of Directors of the City of Little Rock, Arkansas met in regular session with
Mayor Dailey presiding. The roll was called by City Clerk, Nancy Wood, with the
following Directors present: Hinton, Pugh, Stewart, Graves, Lichty, Kumpuris, Keck,
Adcock, Wyrick, Vice Mayor Cazort and Mayor Dailey. Director Wyrick gave the
invocation, which was followed by the Pledge of Allegiance.
Mayor Dailey announced there was one modification to tonight's agenda. Director
Adcock made the motion, seconded by Director Kumpuris to add the modification to the
consent agenda. By unanimous voice vote of the Board members present, the
modification was made.
MODIFICATION:
M -1. RESOLUTION Approving the terms and provisions of that certain Second
Amendment to Amended, Restated and Substituted Lease and Concession Agreement
(The "Second Amendment ") by and between the City of Little Rock, Arkansas (The
"City ") and BG Excelsior Limited Partnership, a Tennessee Limited Partnership,
authorizing the Mayor's and City Clerk's execution of the same, authorizing,
empowering and directing the Mayor and City Clerk to take any and all steps and action
necessary or desirable to fully effectuate the consummation of the transaction
contemplated by the aforesaid documents; declaring an emergency and prescribing other
matters pertaining thereto.
Presentations consisted of the following:
Little Rock School District - Mr. Samuel Meredith, Director of Bands at Little Rock
Central High School presented Bryan Light, Patrick Cage,
andCarter Glass who presented a trumpet presentation of
the Star Spangled Banner.
Arts and Humanities Month — Mr. Bill Gaskin gave the annual report of the Arts and
Culture Commission.
Mayor Dailey proclaimed October 2002 as Arts and Culture Month.
CONSENT AGENDA (1 -8)
1. RESOLUTION NO. 11,380 - To authorize local government endorsement of
MedEvolve, located at 650 Shackleford Road, Little Rock, Arkansas, to participate in the
Advantage Arkansas Program, and for other purposes.
2. RESOLUTION NO. 11,381- G -24 -011- To set the date of Public Hearing for
October 15, 2002 on a petition to vacate a public utility easement in Block 13 of Newton
Addition.
3. RESOLUTION NO. 11,382 - To authorize the City Manager to enter into a contract
with Temple, Inc. to provide and install Automated Transportation Management
System Equipment; and for other purposes.
4. RESOLUTION NO.11,383 - To authorize the City Manger to enter into an
agreement with O- Reilly Auto Parts Company for the annual purchase order for vehicle
replacement parts; and for other purposes.
5. RESOLUTION NO. 11,384 - To set a the date of public hearing for October 15,
2002, on the petition to abandon a portion of Arch Street between Capitol Avenue and
4th Street in the City of Little Rock, Arkansas.
6. RESOLUTION NO. 11,385 - To set the date of public hearing for October 15,
2002, on the petition to abandon the alley in Block 117 of the original City of Little
Rock, Arkansas.
Mr. Charles Witsell, 1614 Louisiana Street was present to answer questions, and briefed
the Board on why the streets are being requested to be closed. He stated it would be the
new site of the Federal Court and Administration Complex.
7. RESOLUTION NO. 11,386 - Authorizing the City Manager to execute an
intergovernmental police services assistance agreement between the police agencies in
Pulaski County, Arkansas; and for other purposes.
8. MOTION - To set the date of public hearing for October 15, 2002 on the petition for
the formation of the West Cantrell Road Sewer Municipal Property Owners Improvement
District of Little Rock, Arkansas.
M -1. RESOLUTION NO. 11,387 - Approving the terms and provisions of that certain
Second Amendment to Amended, Restated and Substituted Lease and Concession
Agreement (The "Second Amendment ") by and between the City of Little Rock,
Arkansas (The "City ") and BG Excelsior Limited Partnership, a Tennessee Limited
Partnership, authorizing the Mayor's and City Clerk's execution of the same, authorizing,
empowering and directing the Mayor and City Clerk to take any and all steps and action
necessary or desirable to fully effectuate the consummation of the transaction
contemplated by the aforesaid documents; declaring an emergency and prescribing other
matters pertaining thereto.
The consent agenda consisting of Items 1 -8 and M- 1. was read. A motion was made by
Director Adcock, seconded by Vice Mayor Cazort for the adoption of the consent agenda.
By unanimous voice vote of the Board members present, the Consent Agenda was
adopted.
CITIZENS COMMUNICATIONS
Speaker: Ellen Hammond Hagood, 1407 Cantrell Road
Topic: Weed lots in her neighborhood.
Speaker: Chris Flake, Hwy 10 and Norton Road
Topic: Property lying in the Extraterritorial Jurisdiction and the voluntary annexation
process, and was requesting to tie on to the wastewater utility. Mr. Lawson, Planning
Director stated he would recommend meeting with the Wastewater Utility and Sewer
Committee and if they have no problems, he suggested that Mr. Flake come back to the
Board once he has signed a pre - annexation agreement, and then sewer could be granted
for his particular development.
Speaker: Mollie Irvin, 507 Deerbrook Road
Topic: Traffic Light at Henderson Middle School and Barrow Road
OTHER BUSINESS
9. ORDINANCE To prohibit the placing of obstructions including basketball goals and
other sports equipment in the public right -of -way; providing for the dismantling of
equipment left in the right -of -way after notice to remove; providing for disposal of
equipment abandoned in the public right -of -way; and for other purposes. The ordinance
was read the first time. Mr. Don Darnell, 7007 E. Wakefield Drive and Ms. Janet
Berry, 8013 Mabelvale Cutoff, spoke in opposition to the ordinance as presented, and
suggested a revision in some of the language pertaining to right of way, equipment
disposal, etc. saying there are some subdivisions where there are stubbed off streets, and
they may be the only family on that portion, and that provided a good play area for the
children but they were not impeding traffic. They both thought the ordinance was a good
idea but needed some more work before passage. Director Lichty stated in talking about
the commandeering of public right of way, wondered if other situations could be explored
where the same thing happens such as delivery trucks that commandeer the public right
of way in delivery of products and goods. He said there is an array of ways the pubic
right of way is taken without authority, and stated this may be the vehicle in which to
address those issues also. There was some discussion regarding where the youth would
go to play if this ordinance was passed. The item was left on first reading and was
Deferred to Oct. 15, 2002.
10. ORDINANCE NO. 18,754 - To amend Little Rock, Arkansas Revised Code 2 -231
(1988) to permit all members of the Racial and Cultural Diversity Commission to be
selected at- large; and for other purposes. .Mr. Don Darnell, 7007 E. Wakefield, spoke
in favor of the ordinance.
2
11. ORDINANCE NO. 18,755 - To establish the rate of taxation of property for the City
of Little Rock for the Year 2003 for various finds of the City of Little Rock, Arkansas; to
declare an emergency; and for other purposes.
The ordinance was amended. On line twenty -one the first word was amended to read
should rather than shall.
Director Cazort asked for item 1 I to be read along with Item 10. Item Number 10 was
read the first time. The rules were suspended to provide for the second and third readings
of the ordinance, by two - thirds vote of the Board members present. There were no
objections from any of the Board members. Mayor Dailey read Item 11 the first time.
The rules were suspended to provide for the second and third readings of Items 10 and I I
by unanimous voice vote of the Board members present, being two thirds in number. The
ordinances (Item 10 and 11) were read the second and third times as amended. By
unanimous voice vote of the Board members present, the ordinances and the
emergency clause in Item 11 were passed.
12. REPORT - -City of Little Rock Board of Directors: Director Pugh: Tornado Area
Review Committee. Director Pugh overviewed the accomplishments, gave a current
status report of the housing stock and development of goals and strategies for rebuilding
the tornado area.
14. REPORT - City Manager's Activity Report — Mr. Moore, Interim City Manager,
handed out the ten -year infrastructure plan, based on the Vision Little Rock
recommendations if the proposed tax initiative passes.
13. DISCUSSION - 2003 Legislative Agenda — Mr. Odies Wilson, Intergovernmental
Relations Manager for the City of Little Rock. Mr. Wilson stated the City Manager's
Office maintains a year round legislative and review process. He stated that each
department head has a legislative liaison who is responsible for monitoring and
evaluating legislation that might impact the operations and or revenues of their
departments. Mr. Wilson gave a briefing of the legislative items from city departments as
well as the items the Board of Directors have asked staff to review this year. There was
discussion on the fire and police pension plans, the DROP plan for police and fire
departments, and establishing park districts. Director Kumpuris asked Mr. Wilson to
look at an open container law for the City of Little Rock, Director Adcock and Director
Wyrick asked for more information on the DROP plans for police and fire departments.
Mr. Ed Jaros, President of Local 34, Little Rock Fire Department, stated he was also the
legislative agent for the Little Rock Professional Firefighters. He said there are two tiers
to the DROP. There is the old pension system and the new pension system. The new
system consists of all police and fire personnel hired after 1983 on the LOPFE Plan, and
there is no DROP plan available to this group. He said one of the options being looked
into for those under the new system is referred to as a back drop. He said it might be a
solution to part of the problem of where the firefighters and police officers under the old
pension system have not signed the DROP plan. Basically this would allow the officers
to work until the day they are ready to retire, and at that time declare their wish to drop,
and would drop with a pension based on their last five years of service. There would be
no commitment as to when they would be forced to leave. He said the biggest problem
the fire department is seeing someone's status in life changing. They sign a commitment
to DROP and at the end of five years they have no option but to retire. In that five -year
period, many circumstances can change and a person may wish to continue working. He
said this would not help the current police officers and firefighters that are on the DROP
now, unless there is some way to work the retirement formula to allow those individuals
to elect to back drop and continue to work. Mayor Dailey asked Mr. Jaros to provide
some of the statistics to Mr. Bruce Moore, Interim City Manager. Director Keck made a
motion to go into executive session to discuss the resumes of the candidates for the City
Manager position, seconded by Vice Mayor Cazort. By unanimous voice vote of the
Board members present, the meeting was recessed at 9 10 PM. The meeting reconvened
at 10:00 PM. Mayor Dailey called the meeting in session, and announced the Board had
decided to interview eight candidates. Mayor Dailey announced the names of all
candidates. Director Kumpuris asked that the interviews be conducted in after work
settings and divide them into two groups and start at four or five in the afternoon and
have forty -five minute interviews, then take fifteen minutes to discuss them. Mayor
Dailey stated they would go into special session on two successive evenings. Mr.
Carpenter reminded the Board that technically a special meeting needed to be called, the
roll would be called, then go into the executive session to do the interviews. A motion
was made by Director Kumpuris to recess the meeting to reconvene on October 8, 2002
to discuss the 2003 Legislative Agenda. Mr. Carpenter asked if the meeting was going to
be reconvened, if the Board would consider adding an ordinance to amend the political
sign ordinance now in effect. Director Kumpuris included this in his motion. Director
3
Keck seconded the motion, and by unanimous voice vote of the Board members present,
the meting was recessed at 10:05 PM.
ATTEST:
it Clerk
APPROVED:
M r
M