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HomeMy WebLinkAbout06-17-03Minutes: Little Rock Board of Directors Meeting June 17,2003 BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham June 17, 2003 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Pugh, Vice Mayor Hinton, Keck, Adcock, Stewart, Graves, Hurst, Wyrick, Kumpuris, Cazort, and Mayor Dailey. Director Pugh gave the Invocation, which was followed by the Pledge of Allegiance. Director Kumpuris was not present at roll call, but enrolled at 6:05 PM. Mayor Dailey asked the Board to consider the listed modifications. M -1. RESOLUTION NO. 11,530 - To amend Resolution 11,466 (February 18, 2003) to grant a ninety (90) -day extension of time to BMS, Inc. to conduct a feasibility study; to correct the legal description of the property at 524 South Broadway and exhibit "A" to the Warranty Deed; and for other purposes. Synopsis: The resolution permits the City Manager to execute an addendum to the offer and acceptance for BMS, Inc. to purchase the YMCA Building at the corner of 6th and Broadway. The addendum allows the buyer to have 210 days instead of the original 120 in which to conduct a feasibility study of the property. BMC. Inc. has offered to buy the property for $200,000. The resolution also corrects the legal description in the deed and the labeling of the attachment to the deed. M -2. ORDINANCE NO. 18,885 - To amend Little Rock, Arkansas Ordinance No. 18,864 (5- 13 -03) to redefine single transaction; to declare an emergency; and for other purposes. Director Cazort moved to add Item M -1 to Consent, M -2 to the Grouped Items and to amend Item 5 to correct the dollar amount, which was incorrectly listed. Director Adcock seconded the motion, and by unanimous voice vote of the Board members present, the agenda was modified as listed. PRESENTATIONS: Neighborhoods U.S.A. — NUSA (June 17, 2003) Overviewed the conference and the various workshops held in Chattanooga, Tennessee on May 21 -24, 2003. Mayor Dailey announced that he had received a note from Mr. Carpenter, asking that Item M -2 be deferred. Mr. Carpenter explained that there was a, streamline tax act that changed some aspects of municipality's abilities to access sales taxes, and that he had consulted with another attorney, whom had forwarded the information contained in the ordinance presented tonight. He stated it had a provision that technically only applies to counties, and he did not catch that language, when reviewing the information and this was his immediate concern. He stated he had received information tonight regarding the language in the streamline tax act, and was reading it now. It seemed to have a much more interesting impact than what he had thought, and asked for the item to be deferred. Mr. Carpenter stated there are a couple of options. This ordinance could be adopted and stated what is before the Board tonight is consistent with what has already been adopted in the Future Little Rock Ordinance for the definition of single transaction, with the understanding that the City Attorney may have to come back and amend the ordinance to bring it into compliance. Director Adcock made the motion to defer to a reconvened meeting to be held June 24, 2003. Director Cazort seconded the motion, and by unanimous voice vote of the Board members present, Item M -2 was deferred. Minutes: Little Rock Board of Directors Meeting June 17, 2003 CONSENT AGENDA (1 -8) 1. RESOLUTION NO. 11,532 - To set the date of public hearing for July 1, 2003 on a notice of appeal of the Planning Commission's action in denying a conditional use permit to allow a church to be constructed on the property located at 2117 -2119 Battery Street. Planning Commission: 0 yes, 11 no. Staff recommends denial 2. RESOLUTION NO. 11,533 - To set the date of public hearing for July 15, 2003 on whether to add day care centers to the list of spacing setback requirements for Sexually Oriented Businesses located within the City of Little Rock, Arkansas; and for other purposes. 3. RESOLUTION NO. 11,534 -- To authorize local government endorsement of Remettra, Inc., located at 400 Hardin Road, Little Rock, Arkansas, to participate in the Advantage Arkansas program; and for other purposes. 4. RESOLUTION NO. 11,535 - To authorize the Mayor to execute a deed for the Utility Easement Corridor on the edge of the William Jefferson Clinton Presidential Park. Synopsis: The utility easement corridor at the Presidential Park boundary is for permanent placement of the utilities and fiber optic facilities that were removed from the former right -of -way. 5. RESOLUTION NO. 11,536 - To approve the purchase of a replacement generator and uninterruptible power system (UPS) in the amount of $87,337 plus taxes from Cummins Mid -South LLC; and for other purposes 6. RESOLUTION NO. 11,537 - To authorize the City Manager to extend a contract for reinsurance coverage with Midwest Employers Reinsurance Company for a 12 -month period effective Julyl, 2003; and for other purposes. 7. RESOLUTION NO.11,538 - To authorize Acxiom Corporation to grant a leasehold interest to Sun Trust Bank; and for other purposes. 8. RESOLUTION NO. 11,539 - Reappointments to the Little Rock Sanitary Sewer Committee and Central Arkansas Water Commission. The Consent Agenda (Items 1 -8 and Item M -1) was read. A motion was made by Director Kumpuris, seconded by Director Cazort to adopt the consent agenda. By majority voice vote of the Board members present the Consent agenda was adopted. Director Wyrick stated she did not have a copy of Item 4, and voted no on Item 4. The ordinance was presented to Director Wyrick. Director Wyrick reviewed the resolution, and asked the clerk to change her vote from no to yes. The vote was recorded, passing the Consent Agenda unanimously. GROUPED ITEMS (9 -14) 9. ORDINANCE NO. 18,886 - Z -7398 - Reclassifying property located at 5301 S. University in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. Planning Commission: 11 yes, 0 no. Staff recommends approval. Synopsis: The owner of the 0.5 -acre tract at 5301 S. University Avenue is requesting that the zoning be reclassified from C -3 to C -4. 10. ORDINANCE NO. 18,887 - UO3- 19 -01— To amend the Land Use Plan (16,222) in the Chenal Planning District from Office, Multi - family, and Single Family to Multi- family and Low Density Residential; and for other purposes. Planning Commission: 10 yes, 1 no. Staff recommends approval. Synopsis: Land Use Plan amendments in the Chenal Planning Dist5rict from Office, Multi- family, Single Family to Multi- family and Low Density Residential for future multi - family development and to recognize existing zoning. 11. ORDINANCE NO. 18,888 - Z -7400 — To reclassify property located on the south side of Rahling Road at Chenal Valley Drive from 0-2 to MF -18. Planning 2 Minutes: Little Rock Board of Directors Meeting June 17, 2003 Commission: 9 yes, 2 no. Staff recommends approval. Synopsis: The owner of the undeveloped 16.79 -acre tract along the south side of Rahling Road at Chenal Valley Drive is requesting that the zoning be reclassified from 0 -2 to MF -18. 12. ORDINANCE NO. 18,889 - Z- 4001 -B — To reclassify property located at 8200 Flintridge Road in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 yes, 0 no. Staff recommends approval. Synopsis: Oak Park Baptist Church, owner of the 0.834 - acre tract immediately north of the existing church site at 8200 Flintridge Road, is requesting that the zoning be reclassified from C -4 to R -2. 13. ORDINANCE NO. 18,890 - SP03 -02 - To amend the Master Street Plan (15,519 and 18,055) modifying the street classifications in the Chenal Area to remove part of a collector; and for other purposes. Planning Commission: 11 yes, 0 no. Staff recommends approval. Synopsis: A Master Street Palm Amendment in the Chenal Planning District to remove a portion of a Collector ( Chenal Valley Drive Extension). OTHER BUSINESS 14. ORDINANCE NO. 18,891 - To provide for the issuance of Hotel and Restaurant Gross Receipt Tax Refunding Bonds, Series 2003, by the City of Little Rock, Arkansas for the purpose of refunding a portion of the city's outstanding Hotel and Restaurant Gross Receipt Tax Refunding Bonds, Series, 1993; authorizing sale of the Series 2003 Bonds; providing for the payment of the principal of and interest on the Series 2003 Bonds; authorizing the adoption of a resolution supplemental hereto to establish the aggregate principal amount, principal maturities, interest rates, and reoffering prices of the Series 2003 Bonds; prescribing other matters relating thereto; and declaring an emergency. The ordinances were read the first time. The rules were suspended to provide for the second and third readings of the ordinances, by unanimous voice vote of the Board members present, being two - thirds in number. The ordinances were read the second and third times. By unanimous voice vote of the Board members present the ordinances (Items 9 -14) (and the emergency clause in Item 14) passed. 15. PUBLIC HEARING &RESOLUTION NO. 11,540 - To provide for the issuance and sale of, not to exceed $5,500,000 in aggregate principal amount of Revenue Bonds (B.G. Excelsior Limited Partnership Project), Series 2003, by the City of Little Rock, Arkansas Residential Housing and Public Facilities Board. Mayor Dailey opened the public hearing. Ms. Jane Dickey, counsel for the applicant, stated the resolution before the Board tonight would be the elected official approval of the issuance of revenue bonds by the Little Rock Residential Housing and Public Facilities Board. The bonds will finance some of the improvements in the public areas of the Peabody Hotel and Conference Center. Mr. Marty Betz, representative of the Peabody Hotel, presented slides of the progress of the improvements to the public areas of the hotel and conference center. Mayor Dailey closed the public hearing. The resolution was read. Director Adcock, seconded by Director Pugh, made a motion to adopt the resolution. By unanimous voice vote of the Board members present, the resolution was adopted. 16. RESOLUTION NO. 11,541 - To approve an interlocal agreement between Little Rock, North Little Rock, and Pulaski County for the River Rail project. Mayor Dailey stated over the last several months, there have been various meetings, discussions, and legal debates. Tonight there is a resolution to approve an interlocal agreement that he, Judge Villines and Mayor Hayes have indicated they feel will be accepted and approved by their governing bodies. He stated this agreement specifically spells out some of the terms and conditions as to how operations will be conducted and moved forward with the River Rail. Mayor Dailey asked Mr. Carpenter, City Attorney to go through any points that he may wish to cover, or any changes that are before the Board at tonight's meeting. Mr. Carpenter stated that various sections of the resolution set forth the items that the state statute on interlocal agreements required. These conditions dealing with the duration, the purpose of the agreement, how it is financed, etc, are basically following the state statutory requirements. Section three is a critical section because it says this agreement between the two cities and the county and working with CATA, is for CATA Minutes: Little Rock Board of Directors Meeting June 17, 2003 to actually operate, construct and more or less control the River Rail situation. Section four puts authority on the local governments to keep CATA from creating, operating a system, or designing a system that ends up being to expensive or one the city cannot afford. It notes there will be annual approval by the cities of whatever CATA considers to be necessary for the operation of the River Rail and to give the Board the chance to review the annual budget and operation plans of the River Rail. Sub- Part 2 states that the local governments are free to decide not to fund in whole or in part the River Rail situation. He stated this language is different from the original draft. In the original draft it was written that the various governments would reserve to themselves the right to determine the hours of operation, the extension of the tracks or any additions to the system. He said what he tried to do was identify those things that would cause the system to be more expensive, so that the local governments could be in the position of saying they are not going to have the "tail wagging the dog." They would not have CATA telling the cities what their budget is for a River Rail system. There was concern raised about how this was worded, in terms of how CATA was going to interpret this. If good people were appointed to CATA, why would the City look over their shoulders and micro - manage. Mr. Carpenter stated the thrust for the language he had put in, was a concern over some litigation in which the City of Fayetteville got involved with the Solid Waste Authority. One of the things that had led to a declaration was that one aspect of that arrangement was illegal, which was that the city had effectively delegated to that authority the ability to establish a part of their budget. He thought that by noting on the front end that the Board has the authority to withhold funding in whole or in part for whatever it is that CATA may think is necessary for an operation keeps that "tail wagging the dog" situation from occurring. He said it does place upon management, finance officers and on the Board ultimately, annually to look carefully at what CATA is trying to do with River Rail. To look carefully at what River Rail grant request will be made to the Federal Government and assure at that time, that the Board is not buying into irreversible commitments on operation or upon extensions that they may not want to be followed in the future. He said Section four does this. He stated there was some confusion as to what the various phases of the River Rail were. He stated he tried to outline these in Section 10. Phase One of the River Rail project is essentially what has occurred to date with the storage barn. Phase Two is the extension into the City of Little Rock and the extension along Third Street to the Heifer Headquarters site. Any Phases after that shall be numbered and named as agreed upon by the parties. Section Eleven was added today, which states the county is taking this resolution, turning it in to an agreement and then having a piece of legislation that says that the County Quorum Court approves the agreement as attached. He said he has added Section Eleven which says the Mayor and the City Clerk are authorized to execute a formal interlocal agreement that has basically the same terms in it. Mr. Carpenter stated if this resolution is passed tonight, and North Little Rock and the County Quorum Court passes it, (he believed the county's would be in ordinance form), and the CATA Board passes it, then it would all be forwarded to the Attorney General for review to assure it is legal, or if the Attorney General does not act for sixty days, then it is assumed to be legal. Once that is out of the way, the formal signing can take place to move forward. Mr. Carpenter stated Exhibit A to the resolution is taken from material provided to the City by CATA through it's counsel, and it is essentially an outline of the costs to date as to what has gone on in this agreement. There was lengthy discussion on level of service, operation plans, federal grant application process, expansions, cost obligations per entity, budget approval process. Mr. Keith Jones, representing CATA, answered questions concerning previous financing and costs for various phases of the River Rail project. Mr. Jones answered questions concerning minutes of CATA Board Meetings from 2000, through 2002. Mr. Jones clarified that the transcribed minutes are not the official minutes that the tape of the meetings is the official minutes, and they keep those tapes on file for ten years. There were questions regarding the funding of the Maple Street route changes, maintenance issues for the Main Street Bridge, the preliminary study for Phase II, design cost increase for Maple and Main Streets, the Trolley Barn construction bids. Director Kumpuris stated he found it amazing that in the CATA Board minutes he was provided, that there is nowhere in these minutes, where it talks about a vote to do any of the things discussed, and that the project was increased by a million dollars and there is not a vote anywhere in two years worth of minutes, that ever defines expansion of the Trolley Barn, enhancement of the Trolley Barn, or changing the design in North Little Rock, and thought it gives one pause as to how business is being conducted. He said there may be 9 Minutes: Little Rock Board of Directors Meeting June 17, 2003 something, if he sat and listened for hours that this would all be crystal clear but his questions came from the record the Board has been provided, and it does leave pause about what is going on, and was shocked that there was not an approval for spending that much money, or changing the budget that much. Director Kumpuris said these are questions regarding the same issues that were asked the last time the Board went over this. Mr. Jones responded by saying that at the time, he was unprepared to answer, and the request received from the City Manager did not ask those questions. He stated he answered eleven questions, plus another four questions, back in March and April. He stated he answered the questions that were asked. He stated that the Maple Street funding process is not in the minutes. He stated the Board adopts a budget each time a project was let, which is in the minutes, the attachment would not be in the minutes, but is in the original minutes, and that has the detail line item cost for everything in there, including the adjustments for the Trolley Barn. He stated the minutes do not provide a paper trail, but if asked by the Board he would produce them. Director Adcock asked if the tax passed initiated by Little Rock Now for infrastructure needs could be used for the River Rail maintenance and infrastructure. Mr. Bob Turner, Acting City Manager stated that tax is very limited as to what it could be spent, and was specifically for city streets, drainage, curb and gutter and traffic signals, and if a city street needed repair or resurfacing in the River Rail area it would not be excluded. Director Hurst asked when talking about splitting costs one -third for each entity, Exhibit A, it did not mention unknown costs that might arise and if that were a part of this agreement. Mr. Carpenter stated Exhibit A is the Phase I. Phase one is split by all the entities one- third /one- third /one third, operating capital. Anything after that is what goes into the new formula based upon the geographic area. Mr. Bob Major, CATA Board Chairman, stated that the CATA Board has been very involved and aware of the whole scope of this project. He said there could be some things such as Maple Street, Commerce Street that were not exactly voted on as such, but when the Board went to vote on a specific part of each project, they were line itemed in the budget, and the Board has had a lot of discussion on this project and wanted it noted the CATA Board has been aware, and has been participating. He stated he was happy to see an interlocal agreement brought forth. He stated the CATA Board and CATA do not plan to come to the Board of Directors with projects or extensions. He stated they would look to the three governments to say what - they would like to see done. He said they wanted that input and direction. He said the CATA Authority is not a signer of the interlocal agreement, but work at the direction of the three governments. The resolution was read. A motion was made by Director Graves to adopt the resolution.. Director Hurst seconded the motion. A roll call vote was taken and recorded as follows: Director Pugh, yes, Hurst, yes, Cazort, no, Keck, no, Stewart, no, Wyrick, no, Kumpuris, yes, Graves, yes, Adcock, no, Vice Mayor Hinton, yes, Mayor Dailey yes. The resolution was adopted. Mr. Carpenter announced that earlier in the meeting had asked the Board to delay action on the ordinance that defines "single transaction ". He said he was able review the language of the statute that had been brought to his attention that was causing his concerns. He stated that the language is not effective until January 1, 2006, so the ordinance before the Board, which defines single transaction and mirrors the language in the earlier ordinance, is fine. There is no reason to delay the ordinance. Director Keck made the motion to add the item back to the agenda. Director Adcock seconded the motion, and by unanimous voice vote of the Board members present, the item was added to the agenda. The ordinance was read the first time. The rules were suspended provide for the second and third readings of the ordinance by unanimous voice vote of the Board members present, being two - thirds in number. The ordinance was read the second and third times. By unanimous voice vote of the Board members present, the ordinance and emergency clause was passed. Mayor Dailey asked the Board to consider a re- appointment to the Board of Commissioners, Central Arkansas Water. Mayor Dailey stated that each of the governing bodies (Little Rock, North Little Rock, and Pulaski County) is required to affirm the appointment. Director Keck moved to affirm the appointment; Vice Mayor Hinton seconded the motion, and by unanimous voice vote of the Board members present, and the re- appointment of Francille Turbyfill was affirmed. 5 Minutes: Little Rock Board of Directors Meeting June 17, 2003 Mayor Dailey asked the Board to approve the appointment of Patrick Miller to the Little Rock Sanitary Sewer Committee. Director Keck made the motion to approve the re- appointment. Director Adcock seconded the motion, and by unanimous voice vote the re- appointment was approved. 17. REPORT - Little Rock Board of Directors — Mayor Dailey announced the Arkansas Municipal League would be starting its summer meeting on June 18, 2003. Director Keck stated he had been notified the City would be receiving a FEMA grant for Community Emergency Response Team Training, and the Little Rock Fire Department has received an additional grant for radio equipment from FEMA. Vice Mayor Hinton asked the City Manager to look into hiring a grant writer for the City of Little Rock. 18. REPORT - City Manager's Activity Report — Mr. Bob Turner, Acting City Manager, announced that Mayor Dailey had received the Energy Leadership Award at the fourteenth annual Energy Efficiency Forum in Washington, DC. CITIZENS COMMUNICATIONS There were no speakers present for Citizens Communications. Director Keck made the motion to adjourn, seconded by Director Cazort. By unanimous voice vote of the Board members present, the meeting was adjourned. ATTEST: 1,1a�o W_ oo City Clerk APPROVE: �kGa di't'l Jit)Dailey, Mayor on