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HomeMy WebLinkAbout04-13-99Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas April 13, 1999 - 4:05 P.M. The Board of Directors of the City of Little Rock, Arkansas, reconvened from the April 6, 1999, regular meeting, with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, and Adcock - total 8; Absent - Directors Stewart and Wyrick - total 2. v. r With a quorum present, Mayor Dailey declared the Board of Directors in session and stated the purpose of the reconvened meeting was to consider two ordinances calling a special election for May 25, 1999, on the question of levying a 3/4 cent and a 1/4 cent sales tax, as well as other items deferred from the April 6, 1999 regular meeting. Director Lichty requested that the appointment of Catherine Cockrill to the Education Commission be added to the appointment resolution (Item 6). (See Resolution No. 10,523 below) Mrs. Mary Millsap, P.T.A. President at Forest Park Elementary School, and Mrs. Theresa Lowry, mother of two young girls that were hit crossing Cantrell Road on April 8, 1999, addressed the Board of Directors regarding the dangerous school crossing at Cantrell Road and Tyler Street. Both thanked the City for the immediate response to the problem at the intersection and for enforcing the speed limit there. City Manager Cy Carney noted that the Police Department will supply a civilian Traffic Safety Officer to assist the Crossing Guard at Cantrell Road and Tyler Street for the remainder of the school year. Mayor Dailey asked Mr. Carney to look at all the school crossing locations to improve safety and also to come back to the Board in a couple of months with recommendations and thoughts about how the City really addresses the enforcement of speeding in the City of Little Rock. Director Kumpuris said the Little Rock School Board needs to be involved with the City in making recommendations as to what needs to be done regarding the safety of the children in crossing streets to get to school. Director Adcock asked that a Resolution be prepared stating that when the tax issue is approved, the sidewalks on Scott Hamilton Drive will be the first on the list of projects in that Ward, in response to the requests from the school children. (Director Wyrick enrolled at 4:10 o'clock P.M.) Consideration was then given to Ordinance No. 17,978, entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO. 17,941 (FEBRUARY 16, 1999) TO EXTEND THE LIMIT ON EXCAVATION PERMITS, THE PRESERVATION OF TREES, AND THE LIMIT ON DEVELOPMENT ON KANIS ROAD UNTIL JUNE 30,1999; DECLARING 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 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 roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Stewart - total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Pugh, Hinton, Lichty, 1 4 2 f5 Minutes 42. 6 April 13, 1999 Cazort, Keck, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Stewart - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. The next presentation was Resolution No. 10,522, described as: A RESOLUTION APPOINTING STEPHENS INC. AS UNDERWRITERS FOR THE CITY OF LITTLE ROCK CENTRAL ARKANSAS LIBRARY SYSTEM CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1999 (THE "BONDS "); AND PROVIDING FOR OTHER MATTERS IN CONNECTION WITH THE ISSUANCE OF THE BONDS. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Keck, and the Resolution was unanimously adopted by the Board Members present. Items 3 and 4 on the Agenda were the Ordinances calling the special election for May 25, 1999, on the question of levying a 3/4 cent and a 1/4 cent sales tax. City Attorney Tom Carpenter distributed copies of the two Ordinances, along with an additional companion Ordinance which designates the purpose of the 3/4 cent sales tax. Mr. Carpenter explained the provisions of the three Ordinances and noted that on the first Ordinance (3/4 cent tax), page 2, line 4 reads: "(A) $105 Million in Capital Improvements ", but should read: "(A) $105 Million in Infrastructure Improvements, including streets, drainage, sidewalks, curb and gutter, and traffic signals." That will also be reflected on lines 23 and 24 of page 2, and lines 3 and 4, page 3. Director Keck moved to amend the Ordinance as stated by Mr. Carpenter. The motion was seconded by Director Adcock, and unanimously adopted. Section 4 of the second Ordinance (purpose of 3/4 cent tax) describes the location of a proposed park in west Little Rock, as being bounded by the Arkansas River on the north, Colonel Glenn Road on the South, and Shackleford Road on the east. Director Keck moved to amend Section 4 to describe the east boundary as I -430 instead of Shackleford Road. The motion was seconded by Director Cazort and unanimously adopted. There was a lengthy discussion regarding reduced revenues and excess revenues. If there are surplus funds when all the projects are completed in a ward, will those funds be used for other projects in that ward; or will the surplus funds be allocated to other wards that do not have sufficient funds to complete the projects on the list. Mayor Dailey and Director Adcock said they had already made commitments that the dollars designated for each ward would stay in those wards. Mr. Carpenter noted that the City can't just spend these monies carte blanche as they come in. There are restrictions in the State Constitution about multi -year contracts. Also, some accounting problems will be created. He suggested adding a new section to declare the intent of the Board that any surplus revenues that are available from projects that have been accomplished would first be used to complete all capital projects that are set forth in the Ordinance and exhibits. Secondly, this would go to infrastructure projects in any ward in which there were extra monies after the completion of all their projects, to be used for similar infrastructure projects. If there is any money after those two things, that would then be used for capital projects of a similar nature as set forth in the Ordinance. Mayor Dailey said he agreed in principle but he had already made a commitment that the money would stay in the wards. Director Lichty then moved to amend the Ordinance to add a new section as stated by Mr. Carpenter. The motion was seconded by Director Kelly and adopted by the following voice vote: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, and Kelly - total 7; Noes - Directors Wyrick, Adcock, and Mayor Dailey - total 3; Absent - Director Stewart - total 1. Director Adcock requested that City Manager Cy Carney send letters to every group she had addressed on the issue, explaining what has taken place. Mayor Dailey suggested that instead of sending the letters, that Mr. Carney prepare a notice to be sent to each neighborhood association or other groups that would outline the policy, how the money will be distributed, and indicate that there were Board Members that felt like they had made a commitment on distribution of the money. There seemed to be some confusion as to the intent of the new section. Director Keck then asked Mr. Carpenter to repeat the proposed new section. He then moved to reconsider the previous motion. Director 2 Minutes April 13, 1999 427 Cazort seconded the motion which was adopted by a vote of 9 ayes and 1 no (Director Lichty). Mr. Carpenter then explained the proposal again. The initial use of excess revenue will go to complete every project that has been listed on the exhibits to the Ordinance. All infrastructure projects will be done if there is excess revenue. The second thing would be to go to those wards that didn't have to use all of the infrastructure monies as set forth in the list to do infrastructure projects. Mayor Dailey agreed with the principle of using surplus funds to help complete projects in wards with insufficient funds, but felt he had to stay with his commitment. Director Wyrick said the reason the monies should stay in the wards is that citizens in Ward 7 feel that they are getting lesser quality jobs so the City can save money to use on other projects or are having to go to battle with the City to get quality projects. She cited Mabelvale Cut -off, Legion Hut Road, and Hinkson Road. There is a credibility issue. (1) Take care of the streets that have been identified. (2) Don't shortcut projects as to quality in order to make up the difference in another ward. Director Keck stated his understanding is that the project list will be done first; secondly, after the streets are completed with the $105 million, if there is any money left over in any ward, that money will stay in that ward to do whatever needs to be done in that ward. Director Kumpuris said one way to address the issue is to state that no money would move out of any ward until all the projects are completed in that ward. Director Pugh requested that the Ward Directors be notified when surplus funds are being used on projects in other wards. Mayor Dailey encouraged the appointment of a Citizen's Oversight Committee to work with City Staff to monitor the projects as they move forward, if the tax proposal is successful. Mayor Dailey then asked Mr. Carpenter to restate the amendment. As stated by Mr. Carpenter, the new section would be: Surplus Infrastructure Revenues - If there are any surplus revenues in the Infrastructure Account for a particular ward after all infrastructure projects for that ward as set forth on Exhibit A have been completed to the satisfaction of the Board of Directors, the surplus money shall be expended as follows: (A)- To complete any outstanding infrastructure project on Exhibit A that has not been completed; (B) for similar infrastructure projects as those set forth in Exhibit A in any ward that has completed its projects without expending its total allocation provided that any surplus infrastructure monies shall be designated to appropriate wards in proportion to the amount that that ward contributed to the surplus funds. Director Cazort moved to amend the new section as just stated by Mr. Carpenter. The motion was seconded by Director Kumpuris and adopted by the following voice vote: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly and Mayor Dailey - total 8; Noes - Directors Wyrick and Adcock - total 2. Mayor Dailey then called for a voice vote on the motion as amended, and the motion was adopted by the following voice vote: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly - total 7; Noes - Directors Wyrick, Adcock and Mayor Dailey - total 3. Director Lichty then moved to add another section dealing with surplus capital projects revenues to say the exactly the same thing except to insert Capital Improvement for Infrastructure. Director Cazort seconded the motion. The motion was adopted by the following voice vote: Ayes - Directors Pugh, Lichty, Cazort, Keck, Kumpuris, Kelly, Wyrick, Adcock and Mayor Dailey - total 9; Noes - Director Hinton, - total 1. Responding to a question by Director Kelly, Mayor Dailey said there is a very good possibility that some of the projects will still be under construction at the end of the five year period. Mr. Carpenter explained the thir ordinance which levies a 1/4 percent tax for general purposes. He said there will be a Resolution to be considered by the Board of Directors on Tuesday, April 20, 1999, that will set forth the projects for the operating tax, as was done with the FUTURE- Little Rock tax proposal. Mr. Gene Pfeifer, 16300 Cantrell Road, then spoke against the tax proposal. In his prepared statement, Mr. Pfeifer referred to the Clinton Presidential Library and a pending lawsuit, and the fact that the people were not given the opportunity to vote on that issue. Instead, the Board approved the issuance of $16.5 million for the Zoo and Parks and Recreation, which included funds to purchase the land for the Presidential Library Park site. He said he had urged the Board to go to the State Legislature for the $16.5 million for the Presidential Library, but that was not done. He said if the Board goes to the people now for a specific remediation of the Presidential Library bond, it might be taken by the electorate as sincere and statesman like. He suggested that the Board set aside the City's infrastructure needs, and address the 3 r 6 Minutes April 13, 1999 Presidential Library funding straight away. Give the citizens a $16.4 million bond issue to vote on that corrects the way the City originally financed the Presidential Library. Tell the people why you like the project, what it can do for the community, and why the people should pay for it and let them vote on it. Only after the Board has dealt forthrightly on the Presidential Library issue will the people give serious consideration to the City's very legitimate infrastructure needs. Mayor Dailey asked City Attorney Tom Carpenter to address a couple of points. There is still a difference of opinion as to whether or not the Board of Directors should have moved forward to acquire land for the Presidential Park. That issue has already been adopted by this Board and has nothing to do with the proposal that is before the citizens at this time. This proposal is about infrastructure; it is about historic preservation; it is about a lot more than the purchase of twenty acres for the Presidential Park and Center. They are separate and not intertwined. Mayor Dailey wanted Mr. Carpenter to assure the Board of Directors and the public of the facts of this as the Board has dealt with them and the legal process that the City has utilized. In his lengthy explanation, Mr. Carpenter said for the last one hundred years or so, condemning property by a City for a park has been deemed a public purpose. There is a problem in the public perception of what the City is doing. The City is not building the Presidential Library; the City will never build the Library; and the City is not to spend money on the Library. It is a private function that will be rented to the Presidential Foundation. The City is building the park on the river as a continuation of other things already there. Mayor Dailey said this issue is not about the Presidential Library; it is about building a better community for the new millenium. Consideration was then given to Ordinance No. 17,979, entitled: AN ORDINANCE TO LEVY PURSUANT TO ARK. CODE ANN. SECTION 14- 164 -338, AS AMENDED, A THREE QUARTER PERCENT (3/4 %) SALES AND COMPENSATING USE TAX FOR A PERIOD OF SIXTY MONTHS TO MAKE CERTAIN CAPITAL IMPROVEMENTS OF A PUBLIC NATURE; TO CALL AN ELECTION TO APPROVE SUCH A LEVY; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; (Special election set for May 25, 1999.) and the Ordinance was read the first time, as amended. (See lengthy discussion and amendments above.) 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 roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - Director Wyrick - total 1; Absent - Director Stewart - total 1. The Emergency Clause contained in Section 9 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - Director Wyrick - total 1; Absent - Director Stewart - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Introduced next was Ordinance No. 17,980, with the title being: AN ORDINANCE TO DESIGNATE AND DECLARE WITH SPECIFICITY THE PURPOSES FOR WHICH THE REVENUES FROM THE SIXTY MONTH THREE QUARTER PERCENT (3/4 %) CAPITAL IMPROVEMENTS SALES & COMPENSATING USE TAX WILL BE USED UPON ADOPTION BY THE PUBLIC; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; ' and the Ordinance was read the first time. (See lengthy discussion and amendments preceding Ordinance No. 17,979 above.) 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 roll call vote was taken on the question, Shall the Ordinance Pass, with the 4 429 Minutes April 13, 1999 vote recorded as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - Director Wyrick - total l; Absent - Director Stewart - total 1. The Emergency Clause contained in Section 16 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - Director Wyrick - total 1; Absent - Director Stewart - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. The next presentation was Ordinance No. 17,981, described as: AN ORDINANCE TO LEVY PURSUANT TO ARK. CODE ANN. SECTION 26 -75 -201 ET. SEQ., AS AMENDED, A ONE QUARTER (1/4 %) PERCENT SALES AND COMPENSATING USE TAX FOR THE GENERAL PURPOSES OF THE CITY; TO PRESCRIBE OTHER MATTERS THAT PERTAIN TO AN ELECTION ON THE ISSUE; TO CALL AN ELECTION TO APPROVE SUCH A LEVY; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; (Special election set for May 25,1999.) and the Ordinance was read the first time. (See lengthy discussion preceding Ordinance No. 17,979 above.) 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 roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - Director Wyrick - total 1; Absent - Director Stewart - total 1. The Emergency Clause contained in Section 9 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - Director Wyrick - total 1; Absent - Director Stewart - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. (Director Kumpuris was excused at 6:05 o'clock P.M.) Item 5 on the Agenda was a proposed Ordinance entitled: "AN ORDINANCE TO APPROVE A THIRD AMENDMENT TO THE CONSTRUCT AND LEASE AGREEMENT BETWEEN THE CITY AND M.S. GREEN- LITTLE ROCK, CORP., AS TO THE CONCESSIONS IN THE NEW PORTION OF THE STATEHOUSE CONVENTION CENTER; TO ESTABLISH THE STANDARD OF PERFORMANCE FOR THE EXCELSIOR HOTEL OR ITS SUCCESSORS; TO WAIVE COMPETITIVE BIDDING FOR THE CONCESSION SERVICES IN THE NEW CONVENTION CENTER FACILITY; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES" which had been deferred from April 6, 1999. City Attorney Tom Carpenter announced that an agreement had not been reached, and asked that the Ordinance be deferred until Tuesday, April 20, 1999. Director Adcock moved to defer the proposed ordinance until April 20, 1999. The motion was seconded by Director Kelly and unanimously adopted. Therefore, the proposed Ordinance was deferred to April 20, 1999. The last item to be considered was Resolution No. 10,523, entitled: A RESOLUTION REINSTATING MR. JEROME NGUNDUE AS A MEMBER OF THE RACIAL AND CULTURAL DIVERSITY COMMISSION, AND APPOINTING CATHERINE COCKRELL TO THE EDUCATION COMMISSION. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Kelly, and the Resolution was unanimously adopted. 5 430 Minutes April 13, 1999 Director Cazort moved to add to the Agenda the item listed on the Agenda Modifications. The motion was seconded by Director Hinton and unanimously adopted. Therefore, consideration was given to Ordinance No. 17,982 entitled: AN ORDINANCE TO AMEND LITTLE ROCK ORDINANCE NO. 17,977 (APRIL 6, 1999) FOR THE SOLE PURPOSE OF RELEASING THE CITY'S RESERVATION OF RIGHTS TO USE THE FORMER STREET RIGHT -OF- WAY FOR DRAINAGE AND UTILITY PURPOSES; (Re: Closing Izard Street between North Street and the Union Pacific Railroad.) and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings 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 roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Wyrick, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent - Directors Stewart and Kumpuris - total 2. Therefore, the Ordinance was declared PASSED. There being no further business to be presented, the Board of Directors adjourned at 6:15 o'clock P.M. to meet again in regular session on Tuesday, April 20, 1999, at 6:00 o'clock P.M. ATTEST: City Clerk Robbie Hancock Co ". APPROVED: ayor Jim Dailey