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HomeMy WebLinkAbout08-17-99,. 520 Board of Directors Room City Hall - 500 W Markham Little Rock, Arkansas August 17, 1999 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Pugh, Hinton, Lichty, Cazort, Wyrick, and Adcock - total 6; Absent: Directors Keck, Stewart, Kumpuris and Kelly - total 4. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Adcock, 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 Hinton and unanimously adopted by the Board Members present. (See Resolution No. 10,629 in the Consent Agenda.) There was a motion and second by Directors Adcock and Hinton, respectively, to add to the Agenda the Ordinance listed as Item 2 on the Agenda Modifications to be read with other grouped Ordinances. The motion was unanimously adopted by the Board Members present. (See Ordinance No. 18,093) Mayor Dailey stated that Items 11 and 17 on the regular Agenda had been removed as noted on the Agenda Modifications. Therefore, no action was taken on the following: 11. Z -6706 — AN ORDINANCE TO REZONE PROPERTY AT 19112 COLONEL GLENN ROAD FROM "R -1" SINGLE FAMILY DISTRICT TO 11C -1" NEIGHBORHOOD COMMERCIAL DISTRICT. (Deferred until further notice due to right -of -way issue.) 17. A RESOLUTION APPROVING THE PURCHASE OF A BILLBOARD LOCATED ON THE RILEY PROPERTY AT 1000 EAST MARKHAM STREET WHICH WAS ACQUIRED FOR THE PRESIDENTIAL LIBRARY PARK. (Deleted at City Attorney's request.) (Director Keck enrolled at 6:10 o'clock P.M.) The first presentation was by Mr. Danny Carter of the area office of Housing and Urban Development (HUD). Mr. Carter presented the City of Little Rock with three (3) HUD awards: Best Practices Award; Simply the Best Award; and Decent Housing Award. (Director Kumpuris enrolled at 6:15 o'clock P.M.) Mr. Mike Dowling, co -chair of the Millennium Commission, gave an update, stating the Commission has been meeting about 18 months and has organized into three areas: education, special events, and public relations. He distributed copies of the "Little Rock Millennium 2000 Celebration" fact sheet, activities form, event planning guide, tips for generating interest, and a copy of the poster. 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 March 16, 1999, the reconvened meeting held March 30, 1999, the regular meeting held April 6, 1999, and the reconvened meeting held April 13, 1999. 1 521 Minutes August 17, 1999 (2) Resolution No. 10,624, entitled: A RESOLUTION AUTHORIZING SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AN AMENDMENT TO THE HUD CONSOLIDATED PLAN AND CDBG SECTION 108 LOAN FOR INFRASTRUCTURE IMPROVEMENTS, REPLACING THE MADISON HEIGHTS PROJECT WITH FOUR (4) EXISTING ELIGIBLE INFRASTRUCTURE PROJECTS FROM THE REVENUE BOND LIST. (11 `" Street — Park to Jones; West 31" Street, Arch to State; Plateau Ditch — Phase 1; South Martin, West 13`" to West I r Street.) (3) Resolution No. 10,625, described as: A RESOLUTION TO APPROVE A TWO YEAR EXTENSION FOR THE PROMOTER AGREEMENT AT THE RIVERFEST AMPHITHEATRE; AND FOR OTHER PURPOSES. (The Concert Company (Butch Stone) will change name to The Management Company) (4) Resolution No. 10,626, described as: A RESOLUTION OF INTENT TO PROVIDE ADDITIONAL FUNDS FOR THE STEPHENS COMMUNITY CENTER; AND FOR OTHER PURPOSES. (5) Resolution No. 10,627, with the title being: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK TO UTILIZE FEDERAL AID MONIES FOR IMPROVEMENTS TO FAIR PARK; FROM ASHER AVENUE TO 30TH STREET. (6) Resolution No. 10,628, entitled: A RESOLUTION APPROVING THE ADOPTION OF NEW INVESTMENT POLICIES, PURSUANT TO ACT 50 OF 1999, BY THE BOARD OF TRUSTEES OF THE NON - UNIFORM EMPLOYEES PENSION FUND; AND FOR OTHER PURPOSES. (M -1.) Resolution No. 10,629, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH RISK MANAGEMENT RESOURCES (RAMSEY, KRUG, FARRELL, AND LENZING) FOR THIRD PARTY ADMINISTRATION SERVICES FOR THE WORKERS' COMPENSATION PROGRAM FOR THE REMAINDER OF THE WORKERS' COMPENSATION FISCAL YEAR (SEPTEMBER 1, 1999 THROUGH JUNE 30, 2000). Upon a motion and second by Directors Adcock and Hinton, respectively, the Consent Agenda was adopted by unanimous voice vote of the Board Members present. Item 7 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE TO REQUIRE AN ANALYSES OF PROPOSED ANNEXATIONS; TO COMMISSION A FISCAL IMPACT STUDY OF DEVELOPMENT IN LITTLE ROCK OUTSIDE THE BOUNDARIES OF THE LITTLE ROCK SCHOOL DISTRICT ON THE DISTRICT TAX BASE; TO COMMISSION A DEVELOPMENT STUDY FOR THE LITTLE MAUMELLE DRAINAGE BASIN; TO ESTABLISH A TEMPORARY MORATORIUM ON SOME SANITARY SEWER CONNECTIONS IN THE LITTLE MAUMELLE BASIN; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the second time; having been read the first time on August 3, 1999. Speaking in support of the Ordinance were Ms. Nell O'Neal, Ms. Ethel Ambrose (Vice President for Planning for the Coalition of Little Rock Neighborhoods), Mr. Shawn Porter, Ms. Susan Sims, Ms. Sarah Lou Facen, Ms. Nancy Clark, and Mr. John Hill (representing the Sierra Club of Central Arkansas). Speaking in opposition to the Ordinance were Mr. Maury Mitchell (Citizens for Smart Growth Coalition), and Mr. Ken Gill (President of the Little Rock Realtors Association). About a dozen people stood with Ms. Ambrose in support of the Ordinance. And about a dozen people stood with Mr. Gill in opposition to the proposed Ordinance. Director Kumpuris requested that Little Rock Municipal Water Works, Little Rock Wastewater Utility, and the Little Rock 522 Minutes August 17, 1999 School Board summarize information to be shared with the Board of Directors before the next meeting. Following the discussion, the Ordinance was left on the calendar for third and final reading on September 7, 1999, as had previously been requested by Director Kelly since he would be absent from this meeting. Consideration was then given to Ordinance No. 18,087, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z- 4651 -B — To rezone property at 13001 Colonel Glenn Road from "R -2" Single Family and "C -4" Open Display Commercial Districts to "0-3" General Office and "C -4" Open Display Commercial Districts.) 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 then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Adcock, Pugh, Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey — total 9; Noes — None; Absent — Directors Stewart and Kelly — total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 18,088, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z- 6474 -B — To rezone 3521 Longcoy Street from "C -3 General Commercial District to "R -3 "Single Family 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 then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Adcock, Pugh, Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey — total 9; Noes — None; Absent — Directors Stewart and Kelly — total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 18,089, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -6703 — To rezone 8501 Fourche Dam Pike from "I -2" Light Industrial District to "C -3" General Commercial District and "OS" Open Space 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 then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Adcock, Pugh, Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey — total 9; Noes — None; Absent — Directors Stewart and Kelly — total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 18,090, described as: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE WEST LITTLE ROCK PLANNING DISTRICT FROM MULTIFAMILY TO OFFICE; AND FOR OTHER PURPOSE; (LU99 -03 -01 - 2300 Andover Court.) 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 then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Adcock, Pugh, Hinton, Lichty, Cazort, Minutes August 17, 1999 523 Keck, Wyrick, Kumpuris, and Mayor Dailey — total 9; Noes — None; Absent — Directors Stewart and Kelly — total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was given to Ordinance No. 18,091, with the title being: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE OTTER CREEK PLANNING DISTRICT FROM MULTIFAMILY TO MIXED USE AND SINGLE FAMILY; AND FOR OTHER PURPOSE; (LU99 -16 -02 — Baseline and Stagecoach Roads.) 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 then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Adcock, Pugh, Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey — total 9; Noes — None; Absent — Directors Stewart and Kelly — total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 18,092, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF RIGHT -OF -WAY DEDICATION FOR LOT 12 BLOCK 220 ORIGINAL CITY OF LITTLE ROCK LOCATED AT SOUTHWEST CORNER OF WEST 14TH AND GAINES STREETS; 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 then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Adcock, Pugh, Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey — total 9; Noes — None; Absent — Directors Stewart and Kelly — total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 18,093, described as: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF -- COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT EXTENSION WITH PULASKI COUNTY, ARKANSAS FOR ALTERNATIVE SCHOOL SERVICES; 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 then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Adcock, Pugh, Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey — total 9; Noes — None; Absent — Directors Stewart and Kelly — total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Resolution No. 10,630, with the title being: A RESOLUTION AUTHORIZING USE OF EMINENT DOMAIN FOR ACQUISITION OF RIGHT -OF -WAY FOR FAIR PARK BOULEVARD FROM ASHER AVENUE TO 30TH STREET, A TIP PROJECT. Following the reading the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Adcock and the Resolution was unanimously adopted by the Board Members present. The next presentation was Ordinance No. 18,094, with the title being: AN ORDINANCE TO AUTHORIZE THE ENGAGEMENT OF SHULTS & RAY TO PROVIDE LEGAL SERVICES TO THE CITY; TO DISPENSE WITH COMPETITIVE SELECTION; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; (Re: Litigation concerning M. S. Green - Little Rock and the Little Rock Advertising & Promotion Commission concessions at the new Statehouse Convention Center.) 4 524 Minutes August 17, 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 then taken on passage of the Ordinance as follows: Ayes — Directors Adcock, Pugh, Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey — total 9; Noes — None; Absent — Directors Stewart and Kelly — total 2. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Adcock, Pugh, Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, and Mayor Dailey — total 9; Noes — None; Absent — Directors Stewart and Kelly — total 2. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Items 18 and 19 on the Agenda were proposed Ordinances initiated by Director Cazort regarding outdoor grills. He felt it is abominable that the City has criminalized the possession and/or use of an outdoor grill in multi -story buildings by adoption of the State Fire Code (see Section 12 -28 of the Little Rock Code). Those issues should be addressed by the landlord and the tenant in multi - family dwellings. He said Item 18 would decriminalize the use and possession of a grill in multi -story buildings. If the Board has a problem with that, he suggested Item 19 which only decriminalizes the possession of a grill in a multi -story building. Director Cazort said he had received information from the Fire Department stating that since 1987 there have been 18 runs involving fires with grills, but only three were related to apartments. City Manager Cy Carney said staff is opposed to both proposed Ordinances. Staff has consulted with the Little Rock Fire Department personnel and the State Fire Marshall's Office and are convinced that both are important in a public safety way. The City has experienced one fire death in this type of incident in an apartment dwelling. Lt. Ray Carnahan, Assistant Commander of the Regulatory Services Division of the State Police which includes the State Fire Marshall's Office, spoke in opposition to Director Cazort's proposed Ordinances. He explain that the Fire Prevention Act (Act 254 of 1955) mandated that the State Police Director is the State Fire Marshall and gave him direct responsibility for developing minimum guidelines for state wide fire prevention efforts and fire codes. Arkansas is the fourth leading state in fire deaths based on population. The State Fire Code allows local jurisdiction to be more stringent but not less stringent. Responding to a question by Mayor Dailey, City Attorney Tom Carpenter said the safe view would be not to mess with the State Code. Director Cazort said he is of the opinion that we have adopted the Fire Prevention Code as a City Code and we can change that. He felt that government has stuck its nose in where it has no right to be. At the request of Director Kumpuris, Acting Fire Chief Al Davis spoke to the two Ordinances. He cited the recent incident of a smoke scare alarm resulting from the use of an open flame grill on the first floor of a large apartment complex in downtown Little Rock. The Code not only prevents fires that could occur from these devices, but it also prevents smoke scare alarms due to the use of a grill. He said to his knowledge, no one had ever been arrested for violation of this Code. This is a safety code for the benefit of the people and gives the Fire Department legal authority to issue warnings. Item 18 was then presented, being a proposed Ordinance entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE SECTION 12 -28 (1988) TO PERMIT PERSONS IN CERTAIN MULTI - FAMILY DWELLINGS TO POSSESS AND USE OUTDOOR COOKING DEVISES; 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 a voice vote of 8 ayes and 1 no (Adcock), being 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 — Director Cazort — total 1; Noes — Directors Adcock, Pugh, Hinton, Lichty, Keck, Wyrick, Kumpuris, and Mayor Dailey — total 8; Absent — Directors Stewart and Kelly — total 2. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. Item 19 on the Agenda was then introduced, which was also a proposed Ordinance described as : AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE SECTION 12 -28 (1988) TO PERMIT PERSONS IN CERTAIN MULTI - FAMILY DWELLINGS TO POSSESS OUTDOOR COOKING DEVISES; 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 a voice vote of 8 ayes and 1 no (Adcock), being two- thirds or more of the members of the Board of Directors. A roll call vote was 525 Minutes August 17, 1999 taken on passage of the Ordinance as follows: Ayes — Director Cazort — total 1; Noes — Directors Adcock, Pugh, Hinton, Lichty, Keck, Wyrick, Kumpuris, and Mayor Dailey — total 8; Absent — Directors Stewart and Kelly — total 2. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. At the time allotted for Citizen Communications, the only speaker was Mr. Hugh Earnest, a member of the Fourch Creek Task Force of several years ago. The Task Force met for several years, spent about $50,000 of FUTURE- Little Rock money, and came up with an excellent plan for the Fourche Creek Park. There has been some form of a landfill in the old Worth James Airport location for over twenty years. There is a long and contentious history associated with this site. What is relevant is that in the early 1990's a large and very competent company (Browning- Ferris Industries — BFI) purchased the site and since that time has with great skill and effort proceeded to use it. In 1997 the company secured a permit from the State for a vertical expansion (putting new garbage on top of old garbage) — Phase I. Phase II is apparently a series of lateral expansions into additional parts of the floodway. Approval of this second phase depends on the issuance of grade and fill permits by the Little Rock Public Works Department and the company has apparently been successful in receiving such a grade and fill permit. BFI will be intruding into the floodway. Landfills do not belong in floodways. He said the simple common sense approach to this problem is to stop it, close it and meet the public interest. Mayor Dailey asked City Attorney Tom Carpenter to assist the Board in finding a way to keep this company from going forward. City Manager Cy Carney gave his Activity and Project Report, which related to the Budget for 2000 and 2001. At 7:35 o'clock P.M. the Board of Director recessed to Executive Session to consider an appointment to the Ambulance Authority. The Board reconvened at 8:00 o'clock P.M. with Mayor Dailey presiding and eight Directors present. (Directors Stewart and Kelly were absent.) Consideration was then given to Resolution No. 10,631, entitled: A RESOLUTION TO WAIVE THE PROVISION OF LITTLE ROCK, ARK., RESOLUTION NO. 8,096 (FEBRUARY 1, 1989) TO ALLOW THE BOARD TO CONSIDER THE REAPPOINTMENT OF TWO EDUCATION MEMBERS TO A THIRD TERM OF SERVICE; AND FOR OTHER PURPOSES. (To allow the Board to consider the reappointment of Linda Young Austin and Nancy Rousseau to a third term on the Little Rock Education Commission when their respective terms expire.) 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. Introduced next was Resolution No. 10,632, described as: A RESOLUTION RATIFYING THE NOMINATION AND APPOINTMENT OF MR. STEVEN B. LAMPKIN AS HEALTH CARE ADMINISTRATOR MEMBER TO THE LITTLE ROCK AMBULANCE AUTHORITY, REPLACING MR. EARL PAUL. 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. The last presentation was Resolution No. 10,633, with the title being: A RESOLUTION REINSTATING MRS. JANET HUCKABEE TO THE LITTLE ROCK ZOO BOARD OF GOVERNORS. 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. 526 Minutes August 17, 1999 There being no further business to be presented, the Board of Director adjourned at 8:05 o'clock P.M. to meet again on Tuesday, September 7, 1999, at 6:00 o'clock P.M. ATTEST: APPROVED: City Clerk Robbie Hancock ayor Jim Dailey