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HomeMy WebLinkAbout03-02-99f` 392 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas March 2,1999 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Vice Mayor Wyrick presiding in the absence of Mayor Jim Dailey. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Pugh, Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, and Adcock - total 8; Absent - Director Stewart and Mayor Jim Dailey - total 2. With a quorum present, Vice Mayor Wyrick declared the Board of Directors in session and the proceedings of the meeting are recorded a follows. The Invocation was given by Director Keck, followed by the Pledge of Allegiance. Director Lichty moved to add Item 1 on the Agenda Modifications to the Consent Agenda. The motion was seconded by Director Adcock and unanimously adopted. (See Resolution No. 10,487 in the Consent Agenda) Due to the absence of Mayor Dailey and Director Stewart, Director Adcock asked that appointments to various Boards and Commissions be delayed until March 16, 1999. Therefore, the Resolution making appointments to various Boards and Commissions (Item 29) was deferred to March 16, 1999. Upon a motion and second by Directors Lichty and Cazort, respectively, which was unanimously adopted, Item 27 on the Agenda was deferred until March 16, 1999. Therefore, no action was taken on the following Resolution: (27) A RESOLUTION TO DISCOURAGE THE USE OF PUBLIC FUNDS OF ANY KIND FOR THE BENEFIT OF PRIVATE K -12 EDUCATIONAL FACILITIES IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. Consideration was then given to the Consent Agenda which consisted of the following: (1) Approval of the Minutes of the Board of Directors regular meeting held November 2, 1998, and the reconvened meeting held November 10, 1998. (2) Resolution No. 10,477, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LANDERS FORD IN THE AMOUNT OF $688,177 FOR THE PURCHASE OF THIRTY -ONE (31) FULL SIZE POLICE PURSUIT SEDANS FOR THE LITTLE ROCK POLICE DEPARTMENT AND THREE (3) FULL SIZE POLICE PURSUIT SEDANS FOR THE LITTLE ROCK FIRE DEPARTMENT. (3) Resolution No. 10,478, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH JOHN T. WRIGHT CONSTRUCTION COMPANY IN THE AMOUNT OF $71,200 TO CONSTRUCT A NEW AFFORDABLE HOME AT 2204 SINGLETON COVE. (4) Resolution No. 10,479, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PHILLIPS CONSTRUCTION COMPANY IN THE AMOUNT OF $69,800 TO CONSTRUCT A NEW AFFORDABLE HOME AT 2208 SINGLETON COVE. Minutes March 2, 1999 393 (5) Resolution No. 10,480, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH EDWARD L. AND BERNICE L. SMITH IN THE AMOUNT OF $5,500 TO PURCHASE LOT 6, BLOCK 1, WORTHEN ADDITION (3723 WEST 12TH STREET) TO BE USED FOR PARKING IN CONJUNCTION WITH THE NEIGHBORHOOD RESOURCE CENTER. (6) Resolution No. 10,481, described as: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE DEEDS TRANSFERRING .85 ACRE OF CITY OWNED PROPERTY TO TRINITY PRESBYTERIAN CHURCH IN EXCHANGE FOR 2.65 ACRES PLUS $55,000 FOR THE LOCATION OF A FIRE STATION IN WEST LITTLE ROCK AT 4500 RAHLING ROAD. (7) Resolution No. 10,482, with the title being: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF PUBLIC HEARING FOR ADOPTION OF A PRETREATMENT ORDINANCE. (March 16, 1999.) (8) Resolution No. 10,483, entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF PUBLIC HEARING FOR ADOPTION OF A GENERAL SEWER USE ORDINANCE. (March 16, 1999) (9) Resolution No. 10,484, described as: A RESOLUTION TO ALLOW CONTINUED TIME FOR THE CREATION OF THE KANIS ROAD DESIGN OVERLAY DISTRICT STANDARDS; AND FOR OTHER PURPOSES. (Extended to April 20, 1999) (10 Resolution No. 10,485, with the title being: A RESOLUTION TO CHANGE THE NAME OF THE PRIVATE INDUSTRY COUNCIL TO BE THE LITTLE ROCK WORKFORCE INVESTMENT BOARD; AND FOR OTHER PURPOSES. (11) Resolution No. 10,486, entitled: A RESOLUTION TO NAME CHARLES S. MOBLEY TO A TERM ON THE LITTLE ROCK WORKFORCE INVESTMENT BOARD; TO THANK JAMES CARTER FOR HIS SERVICE; AND FOR OTHER PURPOSES. Agenda Modification Item 1 which was added to the Consent Agenda, being Resolution No. 10,487, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR THE PURCHASE OF SIX (6) HOUSES ON BARBER AVENUE AND ONE (1) HOUSE ON WELCH STREET FOR FLOOD CONTROL PURPOSES. (2703 Barber, 2714 Barber, 2724 Barber, 2812 Barber, 2814 Barber, 2818 Barber, and 2920 Welch Street) Upon a motion and second by Directors Adcock and Keck, respectively, the Consent Agenda was adopted by unanimous voice vote. Director Adcock presented a Certificate of Appreciation to Teen Challenge in appreciation for the group driving back and forth from Hot Springs every day to help clean up from the January 21, 1999, tornado damage in Little Rock. At the time allotted for Citizen Communications, the first speaker was Mr. Bret Curry, #9 Bjorn Borg Court, who addressed the Board regarding flooding in Otter Creek. He said he has been communicating with the developer, the Otter Creek Board, and the City of Little Rock since he moved there in 1997 and the problem still is not resolved. The next speaker during Citizen Communications was Mrs. Kathy Wells, president of the Downtown Neighborhood Association. She read a prepared statement in 2 394 Minutes March 2, 1999 which she expressed concern about downtown and reconstruction from the tornado. She also asked the Board to include the Downtown Neighborhoods Plan for the Future on the Agenda as soon as possible, along with the Central City Land Use Area Design Overlay District. In response to a question by Director Keck, Mr. Jim Lawson, Director of Planning and Development, stated that the Downtown Neighborhood Plan has gone to the Planning Commission and will be presented to the Board at the next meeting. The Design Overlay District (DOD) has not gone to the Planning Commission. City Manager Cy Carney stated he would like for the DOD to go first to the Planning Commission. Director Lichty moved that these items go through the Planning Commission for its recommendation to the Board of Directors. The motion was seconded by Director Cazort and unanimously adopted. Also speaking during Citizen Communications was Ms. Mable House, 6423 Elmore, a member of ACORN. She said ACORN has been working with tornado victims and FEMA and SBA. The results have not been what they expected. The area south of Roosevelt had not received the needed attention. She urged the Board to increase the citizen participation in the disaster recovery committee, which should be chaired by Ward 1 City Director. Mrs. Barbara Jones, a member of the New Party Organization, was the next speaker during Citizen Communications. She said the sales tax proposal for the Zoo was fine, but the first priority should be helping people rebuild after the January 21 tornado disaster. The last speaker during Citizen Communications was Mrs. Earse Lean Surratt, 4320 Elam Street. She said she and her husband bought property in the John Barrow Addition and are trying to locate the sewer line. Crews have been unable to locate the sewer line which was installed between 1978 and the 1980's. She asked the Board for assistance in locating the sewer line. Vice Mayor Wyrick referred Mrs. Surratt to Mr. Reggie Corbitt, Manager of Little Rock Wastewater Utility, who was in the audience. A public hearing had been scheduled for this time and place by Resolution No. 10,472, adopted February 16, 1999, on the projected uses of 1999 CDBG, HOME, and ESG funding. Vice Mayor Wyrick declared the public hearing open at 6:40 o'clock P.M. Ms. Sarah Moore, Manager of CDBG and Housing, explained the planning process and responded to questions by Director Adcock. Ms. Moore said the projected annual payment on the Lee School Section 108 Loan is $142,500 and the Infrastructure Section 108 Loan annual payment is $472,500. Mrs. Everdean Daniels, 2708 Gaines Street, said thanks to the CDBG Loan her home has been completely rehabilitated. Mr. Danny Lewis, vice chair of the East Little Rock CDBG Committee, commended Sarah Moore and her staff for the hard work and encouraged citizens to get involved. Mr. David Dorbin, chairman of the Consolidated Planning Committee, also commended Sarah Moore. He said two years ago the City Manager recommended that the Committee continue to meet throughout the year to monitor the projects. Director Adcock asked for a report on the $50,000 that was appropriated for ACORN for credit counseling services. The list was to be submitted to the Board of Directors to be submitted to the Community Housing Board, which has not been done. She also asked for a report on the Meals on Wheels program. Ms. Moore responded to questions by Director Kelly regarding administrative costs, stating the statutory limit is 10% administrative costs for HOME Program, and 20% for the CDBG Program. Vice Mayor Wyrick closed the public hearing at 7:00 o'clock P.M. and Resolution No. 10,488 was introduced, with the title being A RESOLUTION TO APPROVE THE PROJECTED USES OF 1999 CDBG, HOME and ESG FUNDING; AND FOR OTHER PURPOSES. City Attorney Tom Carpenter noted that Section 2 of the proposed Resolution needs to be amended to add to the end of the paragraph the phrase "and $92,000 in anticipated program income." Also on Attachment A under Section 108 Loan Payments, add "anticipated program income of $92, 000 from Kramer School. " Director Kumpuris moved to amend the Resolution as stated by Mr. Carpenter. The motion was seconded by Director Cazort and unanimously adopted. Following the reading of the Resolution, as amended, Director Adcock moved for its adoption. The motion was seconded by Director Cazort, and the Resolution, as amended, was unanimously adopted by the Board Members present. Minutes March 2, 1999 395 Introduced next was Ordinance No. 17,942, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -6597 - To rezone 8621 Baseline Road from "R -2" Single Family District to "C -1" Neighborhood Commercial District.) and 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Keck, Kumpuris, Kelly, Adcock, Pugh, Hinton, Lichty, Cazort, and Vice Mayor Wyrick - total 9; Absent - Director Stewart and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,943, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR DEFERRAL OF MASTER STREET PLAN SIDEWALK CONSTRUCTION FOR LEWIS CATERING (Z -6611) LOCATED AT 506 BOND STREET; and 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Keck, Kumpuris, Kelly, Adcock, Pugh, Hinton, Lichty, Cazort, and Vice Mayor Wyrick - total 9; Absent - Director Stewart and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,944, with the title being: AN ORDINANCE 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, STREET WIDENING AND DRIVEWAY SPACING FOR MOUNT SAINT MARY ACADEMY (Z- 4100 -B) LOCATED AT 3224 KAVANAUGH BOULEVARD; and 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 nine in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Keck, Kumpuris, Kelly, Adcock, Pugh, Hinton, Lichty, Cazort, and Vice Mayor Wyrick - total 9; Absent - Director Stewart and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,945, entitled: AN 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 KIDCO HOLDING, LLC LOCATED WEST OF KIRK ROAD AND EAST OF TECHNOLOGY DRIVE (Z- 6271 -A); and 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Keck, Kumpuris, Kelly, Adcock, Pugh, Hinton, Lichty, Cazort, and Vice Mayor Wyrick - total 9; Absent - Director Stewart and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. 4 396 Minutes March 2, 1999 The next presentation was Ordinance No. 17,946, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING DRIVEWAY SPACING WAIVER FOR LOT 7, ARKANSAS SYSTEMS OFFICE PARK (Z- 6051 -D), LOCATED ON EAST SIDE OF TECHNOLOGY DRIVE AND NORTH OF CHENAL PARKWAY; and 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Keck, Kumpuris, Kelly, Adcock, Pugh, Hinton, Lichty, Cazort, and Vice Mayor Wyrick - total 9; Absent - Director Stewart and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,947, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF MASTER STREET PLAN SIDEWALK CONSTRUCTION FOR HARVEST FOODS (S -1236) LOCATED AT 10320 STAGECOACH ROAD; and 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Keck, Kumpuris, Kelly, Adcock, Pugh, Hinton, Lichty, Cazort, and Vice Mayor Wyrick - total 9; Absent - Director Stewart and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17, 948, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR STREET AND DRAINAGE IMPROVEMENTS ON EVERGREEN DRIVE - PHASE II, A CAPITAL IMPROVEMENT BOND PROJECT; ($360,000) and 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Keck, Kumpuris, Kelly, Adcock, Pugh, Hinton, Lichty, Cazort, and Vice Mayor Wyrick - total 9; Absent - Director Stewart and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,949, described as: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO. 17,927 -X (JANUARY 26, 1999) TO CLARIFY THE MEMBERSHIP ON THE LITTLE ROCK ZOO BOARD OF GOVERNORS; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; and 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Keck, Kumpuris, Kelly, Adcock, Pugh, Hinton, Lichty, Cazort, and Vice Mayor Wyrick - total 9; Absent - Director Stewart and Mayor Dailey - total 2. The Emergency Clause contained in Section 4 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keck, Kumpuris, Kelly, Adcock, Pugh, Hinton, Lichty, Cazort, and Vice Mayor Wyrick - total 9; Absent - Director Stewart and Mayor Dailey - total 2. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Consideration was then given to Ordinance No. 17,950, with the title being: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE SECTION 4 -71 (1988) TO PERMIT ESTABLISHMENTS TO SELL ALCOHOLIC BEVERAGES ONE HOUR LATER; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; 397 Minutes March 2, 1999 and 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Keck, Kumpuris, Kelly, Pugh, Hinton, Lichty, Cazort, and Vice Mayor Wyrick - total 8; Present - Director Adcock - total 1; Absent - Director Stewart and Mayor Dailey - total 2. The Emergency Clause contained in Section 4 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keck, Kumpuris, Kelly, Pugh, Hinton, Lichty, Cazort, and Vice Mayor Wyrick - total 8; Present - Director Adcock - total 1; Absent - Director Stewart and Mayor Dailey - total 2. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Introduced next was Ordinance No. 17,951, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE ELLIS MOUNTAIN PLANNING DISTRICT AND THE I -430 PLANNING DISTRICT ALONG THE KANIS CORRIDOR FROM SHACKLEFORD ROAD TO CHENAL PARKWAY, AND FOR OTHER MATTERS; and the Ordinance was read the first time. (Note: The Ordinance was deferred from February 16, 1999) Mr. Jim Lawson, Director of Planning and Development, made the staff presentation, stating that staff has been working on this since 1996. Responding to a question by Director Adcock, Mr. Lawson said there is a $50.00 fee for a request to change the Land Use Plan. Director Adcock asked City Manager Cy Carney if the Ordinance could be amended to provide for a waiver of the $50.00 fee if the request for a change was made within a certain period. Mr. Carney asked that the amendment not be made until staff has provided a report on the impact of the anticipated revenues from fees now in place. Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, spoke in support of the Ordinance. The rules were then suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors.. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Keck, Kumpuris, Kelly, Adcock, Pugh, Hinton, Lichty, Cazort, and Vice Mayor Wyrick - total 9; Absent - Director Stewart and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. Item 15 on the Agenda was a proposed Ordinance entitled; AN ORDINANCE TO AMEND THE MASTER STREET PLAN (16,222) FOR KANIS ROAD FROM CHENAL PARKWAY TO BOWMAN ROAD, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. (Note: The Ordinance was deferred from February 16, 1999.) Mrs. Chandra Waller, Director of Public Works, made the staff presentation, stating staff has been working on this since 1995. The general concurrence is that the Master Street Plan for Kanis Road needs to remain five lanes between Shackleford and Bowman. The portion between Bowman and Chenal is currently shown as a five lane cross section, which is probably not the appropriate cross section for that area. Mrs. Waller presented three options for consideration. Alternate 1 is an enhanced two lane roadway funded by property owners as land develops. Alternate 2 is a four lane divided roadway, with the City participating in the funding. Alternate 3 is a four lane divided roadway with no recommended funding. Mrs. Waller asked the Board to decide on the appropriate roadway design, then discuss the funding as a separate item. Director Keck said this has been discussed by the Rock Creek Neighborhood Action Plan, the Mayor's Infrastructure Task Force, the Kanis Road Group, and the Chenal Task Force in addition to the Board of Directors and the Planning Commission. There is not a unanimous agreement. The majority of people have spoken most favorably about the concept of a divided four lane roadway on Kanis from the intersection of Bowman to the intersection of Chenal. In response to a question by Director Adcock, City Manager Cy Carney said staff recommends the four lane divided roadway. Mrs. Waller said the cost for the divided roadway is approximately $10.6 million if you do not include the right -of- way cost, the buffer cost, and special enhancements (landscaping, underground utilities, pedestrian lighting along bikeway). If those are included, the cost would be approximately $17 million. As development occurs, the developers would participate in the cost of the improvements. Director Keck noted that this is currently shown on the Master Street Plan as a five lane roadway, even though it is currently a two lane road. This would be downgrading the roadway and allowing controlled access along Kanis Road. Responding to Director Kelly's question about the width of the median in a divided highway, Mrs. Waller stated the median would be 10 -14 feet, slightly narrower than the 18 foot median on Chenal Parkway. Mrs. Waller responded to Director Lichty's 6 398 Minutes March 2, 1999 questions regarding traffic count. He was concerned about creating a bottleneck of traffic. Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, urged the Board to go ahead and plan to pay for at least part of the total costs of the road, recouping the rest of the cost from the redevelopment. Mr. Craig Berry, a member of the Little Rock Planning Commission and also the Kanis Road Task Force, said the Planning Commission considered this as a package - the land use, the roadway, and the design overlay, and financing. The consequence of having the developers bear the full cost of a four lane divided highway /parkway is that the City will not be able to sustain the plan in the future because the only kind of land owners or developers that can amortize the cost that would result would be those that have intensive commercial property. The full cost would be $195,000 for 300 L.F. of roadway. If the City were to finance the public part of the cost, the developer would still pay $125,000. Mr. Bob Wilson, who owns property in the area, said he did not see that any change the City makes would make any appreciable difference now or in the next few years. The present roadway is 90 feet wide. All of the three options have a 90 foot right -of -way and there are no funds to do anything out there. He suggested this be delayed until money is available. There will be a 90 ft. right -of -way regardless of what is done tonight. Director Keck said we need to amend the Master Street Plan so a new standard can be established. City Manager Cy Carney stated that staff has been working with Director Keck in looking at the sales tax proposal and we have identified dollars by shifting some projects where the City could take at its expense an interim step, assuming the tax package passes, to build the enhanced two lane roadway - standard pavement widths and mayor turning lanes at intersections - a major improvement over what is there today. That would be a participation at a cost of in excess of six million dollars that the City would bear. The developers would benefit from the work done by the City as they come forward in expansion of that at the developers costs. With the enhanced two -lane roadway, we would gain some time in terms of what capacity the roadway could carry. This would move us toward the four lane divided roadway with City participation. Mr. Dickson Flake agreed with Mr. Berry about the need to do much or all of the roadway at once. The Land Use Plan, Design Overlay District, Master Street Plan, and financing are all integrally related. He urged the Board not to separate the "four legs" of this issue. Mr. Hank Kelly said he didn't think traffic counts would ever exceed 30,000. He asked the Board to think about the fact that a Design Overlay is, in a way, a taking of a person's property. He didn't think the Kanis corridor would develop the same way the Chenal corridor has developed. Mr. Flake said if the City were to do the two lane enhanced street upfront all at once as the City's participation and not for reimbursement, this would enhance the values and development prospects for those frontage owners, then collect the payment in -lieu from the frontage owners, until there is enough money to do the next big phase, but not do any of it piecemeal. Director Lichty felt a two lane enhanced roadway is conceivable and would provide for improvement in the traffic flow, and at the same time allow time for developers to develop in a logical, methodical way consistent with the Land Use Plan. Director Keck wanted to make this a divided four lane that is constructed as a divided enhanced two lane roadway, and as property develops, payment in -lieu of construction is made to the City so that the City can construct large segments. Mr. Carpenter said the type of road can be in the Master Street Plan. The payment aspect could not be part of the Master Street Plan. A separate ordinance would set forth the payment aspect so that developers would be on notice. The Board would probably have to demand planned development type activities along there so that developers would know of this requirement. Responding to a question by Director Cazort, Director Keck said he wanted to stop the five lane road. Make Kanis a four lane road as part of the Master Street Plan with the understanding that an enhanced two lane road will be the first thing that is constructed by the City. As property develops, in -lieu payment will be made to the City to where at the appropriate time we can do large segments. Mr. Carney asked for two weeks to come up with the appropriate ordinances. Therefore, the Ordinance was left on the calendar for second reading on March 16,1999. At 8:25 o'clock P.M. Vice Mayor Wyrick declared a ten minute recess. The Board reconvened at 8:50 o'clock P.M. and again recessed to executive session to consider an appointment to the Zoo Board of Governors. The Board reconvened from executive session at 8:52 o'clock P.M. Introduced next was Resolution No. 10,489, entitled: A RESOLUTION APPOINTING MR. GUS WALTON TO THE NEWLY CREATED ZOO BOARD OF GOVERNORS. Following the reading of the Resolution, Director Lichty moved for its adoption. Director Kumpuris seconded the motion, and the Resolution was unanimously adopted. 399 Minutes March 2, 1999 Consideration was then given to Item 21 on the Agenda, which was a proposed Ordinance described as: AN ORDINANCE 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 SIDEWALK CONSTRUCTION FOR HARVEST FOODS LOCATED AT 2510 CANTRELL ROAD; Following the first reading of the Ordinance, Public Works Director Chandra Waller made the staff presentation, stating the request is for a waiver of right -of -way dedication and sidewalk construction on Riverfront Drive. Currently existing are street improvements and the sidewalk on Cantrell. Riverfront is also currently Master Street Plan. Staff recommends denial. The Planning Commission also voted unanimously to deny the waiver. A deferral is not appropriate for Riverfront Drive. Mr. Ron Rivers, representing PetroPete, a subsidiary of Affiliated Foods Southwest, said he would withdraw the request for waiver of the sidewalk, and would construct the sidewalk as requested. However, he could not withdraw the request for a waiver of the right -of -way dedication requirement because the property is subleased and he had no authority to make the dedication. He did assure the Board that the construction of the PetroPete fuel stop would not be within the limits of right -of -way. (This applies to Item 22 below also.) Mrs. Waller expressed concern because building the sidewalk without the right -of -way dedication would place the sidewalk at the back of the curb which the Board has discouraged because of the safety issue and, esthetically, the Board had asked staff to look at buffering sidewalks. Another issue is the subleasing of the property. There are many times when the piece of property is not owned by the builder. This waiver could set a precedent whereby there could be many lease arrangements in order to avoid right - of -way dedication. In the past the owner and the tenant have worked together to donate the right -of -way. Director Kelly pointed out that the applicant should not be requesting the waiver since the property owner is the one that has authority to dedicate the right -of- way. City Manager Cy Carney pointed out that in most cases the tenant goes to the owner and secures authority or permission regarding the right -of -way. Mr. Al Lupton, part owner of Harvest Foods, explained that they have leases (through bankruptcy court) that allow them to build on those sites, but do not allow any other latitudes. The landlords would love for Harvest Foods to break the leases which are quite old, and requesting a rewrite of the lease would change the rent factors. The Asher location (Item 22) is owned by Woodmen of the World and the Cantrell location (Item 21) is a land lease from the Catholic Diocese. Director Adcock moved to defer the Ordinances (Items 21 and 22) for two weeks at which time City Attorney Tom Carpenter will present the options. The motion was seconded by Director Keck. In response to a question from Director Adcock, Mrs. Waller said an in -lieu contribution for the right -of- way would be acceptable. The motion was adopted by the following voice vote: Ayes - Directors Keck, Kumpuris, Kelly, Adcock, Pugh, Hinton, Cazort, and Vice Mayor Wyrick - total 8; Noes - Director Lichty - total 1; Absent - Director Stewart and Mayor Dailey - total 2. Therefore, the Ordinance was left on the calendar for second reading on March 16,1999. Item 22 on the Agenda was a proposed Ordinance entitled: " AN ORDINANCE 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 SIDEWALK CONSTRUCTION FOR HARVEST FOODS LOCATED AT 6800 ASHER AVENUE. Due to the discussion and motion related to Item 21 above, the proposed Ordinance was left on the calendar for first reading on March 16, 1999. The next presentation was Resolution No. 10,490, described as: A RESOLUTION TO TERMINATE THE AUGUST 15, 1997, CONTRACT BETWEEN THE CITY AND THE FRIENDS OF THE ZOO, INC.; AND FOR OTHER PURPOSES. Following the reading of the Resolution, Director Kumpuris moved for its adoption. The motion was seconded by Director Keck and the Resolution was unanimously adopted. (Note: The Resolution had been deferred on January S, 1999, January 19, 1999, and February 16, 1999) (See Ordinance No. 17,92 7 X and Minutes of January 26, 1999, for creation of Zoo Department) 400 Minutes March 2, 1999 Introduced next was Resolution No. 10,491, with the title being: A RESOLUTION OF INTENT TO APPROVE A TRANSITION AGREEMENT AND A MARKETING AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE FRIENDS OF THE ZOO, INC.; AND FOR OTHER PURPOSES. Following the reading of the Resolution, Director Kumpuris moved for its adoption. The motion was seconded by Director Keck and the Resolution was unanimously adopted. Mrs. Marje Wood commended the Board and all of those that worked on this issue, for this action, but stated she was a little surprised that the Board put four members of FOZ on the Zoo Board of Governors. (See Ordinance No. 17,927 -X and Minutes of January 26, 1999, for creation of Zoo Department.) At 9:25 o'clock P.M. City Manager Cy Carney made his Activity and Project Report. He stated that Mr. Bruce Moore, Assistant to the City Manager, has been named Assistant City Manager. Due to the resignation of Mr. Rick Colclasure effective March 12, 1999, Mr. Moore will also be Acting Director of Community Programs. Mr. Carney report included the legislative update on various issues, some pictures of the proposed Central Arkansas Transit Authority (CATA) River Cities Travel Center, noting that construction is scheduled to begin this week and completed by the end of the year; a review of the Parks and Recreation Department activities; the Advertising & Promotion Commission's Resolution related to the one cent hotel, motel, and restaurant tax; and the Targeted Neighborhood Enhancement Plan. There being no further business to be presented, the Board of Directors recessed at 9:30 o'clock P.M. to reconvene at 4:00 o'clock P.M. on Tuesday, March 9, 1999, to consider the sale of the Wallace Building at Markham and Main Streets. ATTEST: APPROVED: City Clerk Robbie Hancock Vice M for B. J. (Brenda) Wyrick 9