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07-13-04Little Rock Board of Director Meeting July 13. 2004 6:00 PM LITTLE ROCK BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham July 13, 2004 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Vice Mayor Hinton Presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Pugh, Vice Mayor Hinton, Keck, Stewart, Hurst, Wyrick, Cazort, Graves, Keck, and Adcock. Director Kumpuris and Mayor Dailey were absent. Director Wyrick gave the invocation, which was followed by the Pledge of Allegiance. Vice Mayor Hinton asked the Board to consider the listed modifications: Director Cazort asked for clarification on Items 1,2, and 3. City Manager, Bruce Moore, stated that a letter was received this afternoon from Mr. Hart regarding those items, and it was at the Boards pleasure as to whether to defer the items. Director Keck asked the items to be kept as a group and the three items be deferred, for another week. Director Adcock seconded the motion and by unanimous voce vote, Items 1,2, and 3 were deferred to June 20, 2004. Mr. Moore noted for the record that the Board would be in session next Tuesday for a regular Board of Directors Meeting. Director Cazort made a motion seconded by Director Hurst to add Items M -4, M -5, M -6, M -8, M -10, M -11, and M -12 to the Consent Agenda. To hold Item 7 separate as it was a report, and add Item 9 to the list of Grouped Items. Director Adcock asked Mr. Moore to announce which traffic signals were moving forward at this time (Item 10). Mr. Moore answered that these would include Aldersgate and Kanis Road, Hughes and Markham Streets, Hughes and 12t1i Streets, and Westpark Drive and 12th Street. By unanimous voice vote of the Board members present, the modifications were made to the agenda. ADDITIONS: M -l. PUBLIC HEARING & ORDINANCE - G -23 -334 - To abandon a portion of the fifty -foot wide Grant Street right -of -way between Lots 7 -10, Block 9 and Lots 7 -10, Block 10, Lincoln Park Addition. Planning Commission: S yes, 6 no. Staff recommends approval. Synopsis: Heywood Weedman, Stephen Maxwell and Doug Buxton request to abandon the fifty -foot wide Grant Street right -of -way between Lots 7 -10, Block 9 and Lots 7 -10, Lincoln Park Addition. M -2. PUBLIC HEARING & ORDINANCE - G -23 -336 — To abandon a portion of Grant Street and a portion of G Street as public right -of -way located in Blocks 9 & 10 of the Lincoln Park Addition. Planning Commission: 11 yes, 0 no. Staff recommends approval. Synopsis: The applicant is requesting the abandonment of a portion of Grant Street and portion of G Street as a public right -of -way located in Blocks 9 Little Rock Board of Director Meeting July 13, 2004 6:00 PM and 10 of the Lincoln Park Addition including the abandonment of utility and drainage easements. M -3. ORDINANCE - Z -7563 — Approving a planned zoning development and establishing a planned office district tiled Rock House Short Form POD located at 715 North University Avenue, in the City of Little Rock, Arkansas, amending the official zoning map of the City of Little Rock; and for other purposes. Planning Commission: 11 yes, 0 no. Staff recommends approval. Synopsis: The applicant proposes to rezone this site to POD to allow an existing R -5 zoned property to be developed with the construction of a new 18,000 square foot, two story office building. M -4. RESOLUTION NO. 11,777 - Authorizing the Mayor and the City Clerk to grant a right -of -way easement for the purpose of placement of electrical facilities on a portion of certain land owned by the City of Little Rock located in the Russell's Addition in the City of Little Rock, Arkansas. Synopsis: Authorizes the Mayor and City Clerk to grant a utility easement to Entergy Arkansas Inc. M -5. RESOLUTION NO. 11,778 - To authorize the City Manager to extend the contract with Risk Management Resources for a one -year period effective July 1, 2004. Synopsis: The incumbent provider of third party administrator services for the City's Worker's Compensation program has submitted a proposal for renewal of that contract at no increased cost. M -6. RESOLUTION NO. 11,779 - To authorize the City Manager to execute the contract with Midwest Employers Casualty Company for reinsurance coverage for a 12- month period. Synopsis: The incumbent provider of this coverage (Midwest Employers Casualty Company) has submitted a renewal proposal with increase of premium far less than expected in the current hard market for reinsurance M -7. REPORT - Financial Report — Bob Biles M -8. RESOLUTION NO. 11,780 - To authorize the purchase of equipment from Med- Eng Systems, Inc. in the amount of $70,340, funded by the federal terrorism grant fund, approved for the Little Rock Fire Department. Staff recommends approval. Synopsis: To approve EOD approved Bomb Team Entry Suits for the Little Rock Fire Department, funded through federal terrorism grant funds in the amount of $70,340. - To amend Little Rock, Arkansas Ordinance No. 19,086 (April 20, 2004) to adjust the Fiscal Year 2004 Budget Ordinance to note revenue and other adjustments; to declare an emergency; and for other purposes. Synopsis: Adjustment to FY04 budget to adjust for proposed changes. M -9. ORDINACNE NO. 19,128 — To amend Little Rock, Arkansas Ordinance No. 19,086 (April 20, 2004) to adjust the Fiscal Year 2004 Budget Ordinance to note revenue and other adjustments; to declare an emergency; and for other purposes. The ordinance 2 Little Rock Board of Director Meeting July 13, 2004 6:00 PM was read the first time. A motion was made by Director Keck, seconded by Director Adcock to suspend the rules and place the ordinance on second and third readings, and by unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspend and the ordinance was read the second time and third times. By unanimous voice vote of the Board members present, the ordinance and emergency clause passed. M -10. RESOLUTION NO. 11,781 - Awarding a contract to LEG Enterprises, Inc. for traffic signalization of four locations within the City of Little Rock. Staff recommends approval. (2004 Bond Project). Synopsis: Authorizes the City Manager to execute an agreement with the low bidder, LEG Enterprises for the construction of traffic signals at Aldersgate and Kanis, Hughes and Markham, Hughes and 12th Street and West Park Drive at 12th Street in the City of Little Rock. M -11. RESOLUTION NO. 11,782 - To authorize the mayor to sign an agreement with United States Department of the Interior Nation Park Service, to preserve and protect and interpret the Little Rock Central High School National Historic Site. M -12. RESOLUTION — 11,783 - To authorize the Mayor and the City Clerk to grant a right -of -way easement for the purpose of placement of a conduit on certain land owned by the City of Little Rock, located in Pope's Addition of the City of Little Rock, Arkansas, and for other purposes. CONSENT AGENDA (1 -5) 1. MOTION Z -7618 - To set the date of public hearing for August 2, 2004 on the appeal of the Little Rock Planning Commission's decision to approve Dickerson Day Care Family Home located at 6 Rosemoor Drive. 10 yes, I no, o absent. Staff recommends approval of the Special Use Permit. 2. MOTION Z -7619 - To set the date of public hearing for August 2, 2004 on the appeal of the Little Rock Planning Commission's decision to approve Watkins Day Care Family Home located at 7716 Burnelle Drive. Planning Commission: 10 yes, I no, o absent. Staff recommends approval of the Special Use Permit. 3. RESOLUTION NO. 11,784 - To approve appointment of John Cooke to the Quapaw Business Improvement District #5 to fill a vacancy on the Board of Commissioners for the District. 4. RESOLUTION NO. 11,785 - To participate with the Downtown Neighborhood Association in the Main Street Arkansas Program to further downtown revitalization efforts; to appropriate fifteen thousand dollars ($15,000) per year for three years as part of this participation; and for other purposes. 3 Little Rock Board of Director Meeting July 112004 6:00 PM 5. RESOLUTION NO. 11,786 - To authorize the Mayor and the City Clerk to grant a right -of -way easement for the purpose of constructing a sewer line over a portion of certain land owned by the City of Little Rock, located in Section 6 Township 1 north range 12 west, Pulaski County, Arkansas; and for other purposes. The Consent Agenda was read, which consisted of Items 1 -5 and Items M -4, M -5, M -6, M -8, M -10, M -11, and M -12. A motion was made by Director Adcock, seconded by Director Cazort to adopt the Consent Agenda as read. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. Citizens Communication consisted of the following: Speaker: Pam Adcock Topic: Thanks and Appreciation to the City and Department of Animal Services for the effort to change and improve Animal Services, through the positive leadership of Mr. Ed Davis. Speakers: AFSCME 994 Members (Teresa Wisely, an International Union Representative for AFSCME), David McDowell, the attorney representing the AFSCME group, James Hagan, Kenneth Sears Members turning in Citizens Communications Cards, but who did not speak were: John Dixon, Emmett Goodloe, W. Ajimu, John Johnson and Jim Nickels. Topic: Asking the City to honor a Wage Increase Agreement that was entered into in 2003, that if a gamble paid off, and the laws suit was won on the Use tax resulting in the City receiving the funds that have been collected in escrow and begins receiving the proceeds from the continued collection of the Use Tax, there would be a 2% retroactive pay increase for the non - uniformed employees. Mr. McDowell stated for the record, that Mr. Moore had met with him just before the meeting and they were going to try and work through this, and hopefully come back with better news for the blue - collar employees. Mr. Moore stated he did speak with Mr. McDowell and agreed to continue dialog. He stated the agreement not only with AFSCME but also with all the employees was for 2003. He said the city was able to provide two percent raises this year, 2004 and that was not contingent upon the Use tax. Director Adcock asked what the cost would be if the agreement were honored. Mr. Moore asked which agreement she was referring to. Director Adcock asked if a two percent raise were given, that had been told that the city might do, in Little Rock Board of Director Meeting July 13, 2004 6:00 PM in 2003, what is the cost of the two percent raise. Mr. Moore stated the agreement, per the discussion tonight would be that it would be retroactive to January 1, 2003, so those numbers would have to be calculated. Director Adcock asked what the value of the two percent raise that was given in 2004 was. Mr. Moore asked Mr. Bob Biles, Finance Director, if he could provide those figures. After conferring with Mr. Biles, Mr. Moore stated some research would have to be done to provide those figures. He stated the agreement the union is mentioning said it was retroactive to January 1, 2003, so there would be other factors to calculate or consider. Speaker: Sharon Welch Blair Topic: Letter of Appreciation from the Downtown Neighborhood Association to Office Bill Cobb. 6. PUBLIC HEARING & RESOLUTION - To appeal the Little Rock Planning Commission's action in approving the Revision of the Conditional Use Permit for the Chenal Mini Storage. Planning Commission 8 yes, 3 no, 0 absent. Staff recommends approval of the CUP. Synopsis: Christopher Parker and his client, Pfeifer Development Company, are appealing the Planning Commission's action in approving a Revised Conditional Use Permit for the existing Chenal Mini - Storage Mini - Warehouse facility located at 24,300 Chenal Parkway. Mr. Chris Parker, representing Pfeiffer Development, stated that the applicant had allowed people to come on the property and remove dirt, and did that without informing the City or Mr. Pfeiffer and without getting permitted under the land alteration ordinance, which was a violation of general clearing of his own property and a significant intrusion onto Mr. Pfeiffer's property. He said there has been some smoothing on the developers part but it has not solved the problem and the reason for the appeal, is that the thing the developer is physically allowed to do under the conditional use permit, are inconsistent and incompatible with some of the requirements put on him as a condition of receiving that conditional use permit. He gave the example that it is required under the permit that the land alteration violation issue be resolved, that he has to be in compliance with the land altercation issue prior to any construction on the project. He stated sections of the code requires the developer be required to restore the land to its maximum extent practicable to the original condition, and it says if a land alteration activity causes damage to offsite property or water, the developer shall require mitigation by the responsible parties. Under this plan, there will not be restoration of the area removed under the ordinance, nor would there be any mitigation to the damage to Mr. Pfeiffer's property. Mr. Parker stated the ordinance requires a buffer of thirty feet, and the ordinance says that it has to be seventy percent undisturbed, yet under this plan there is no attempt to restore any of the grade that was cut out. What was going to be a land use buffer is now simply the lateral support for the development. He stated that the slope is too steep, it is composed of 5 Little Rock Board of Director Meeting July 13, 2004 6:00 PM crushed rock, and despite the developer being dogged by the environmental court, to plant on that slope, nothing is going to grow. There is no attempt to grow anything. He stated the city is rewarding the developer for the violation. Director Cazort asked Mr. Parker to explain the gist of their litigation. Mr. Parker answered that they had brought a lawsuit seeking damages under the statute that allows trespasses to property to be recompensed for unlawfully removing trees and vegetation. Director Cazort asked Mr. Parker if that lawsuit had any bearing on the issue of this CUP. Mr. Parker stated he did not think that it did, except to the extent that a condition of the CUP is that the developer complies with the land alteration ordinance, and the language of the land alteration ordinances requires that he remediate property when unlawful land alterations take place on adjacent property. Director Cazort asked if the crux of the objection had to do with the buffer, and asked if there were any objections to the buildings, or use thereof, or anything in the CUP other than that particular buffering section. Mr. Parker stated if this were built up, so that it could be a buffer that buffered, and then the lateral support would have to extend farther into the property and did not think it would be feasible to make the construction he is making. Director Adcock asked staff to make a presentation. Mr. Tony Bozynski, Planning Director stated this is an interesting case, and stated that any question related to the land alteration ordinance would have to be deferred to Mr. Guy Lowes, Public Works Director, because that falls under the responsibility of the Public Works Department. Mr. Bozynski gave an overview saying this is a resolution to rescind the Planning Commission's approval of a conditional use permit, or a revision to existing conditional use permit. This property has history that dates back to about 1997, and over the years there have been several other revisions made. The current one, which was approved by the Planning Commission and supported by staff would take a second phase and split it into two new phases, Phase III and Phase IV, reconfigure the building layout, add some additional climate controlled space, and also an additional two story building that would have leaseable space available for commercial uses. The property is zoned C- 3, so that would be permitted. Concerning the issue of land alteration and the buffering requirements, originally the developer agreed to a forty -five foot buffer, but since that time, has agreed to a 30 foot buffer to Pfeiffer's property which is adjacent. Mr. Pfeiffer's property has been zoned to C -3, so there is commercial up against commercial that would not normally require a land use buffer, but the developer has agreed to a thirty -foot buffer. Mr. Bozynski stated there was a violation_ of the land alteration ordinance, and it is staff s understanding that the developer did plead guilty to that violation and submitted a mitigation plan to the Public Works Department. At the Planning Commission Meeting on May 6, 2004, Mr. Mike Hood, representing the Public Works Department, reported to the Planning Commission that the land alteration issue had been addressed at that time, which he said he assumed was the mitigation plan. Director Adcock requested that Mr. Guy Lowes comment on the mitigation. Mr. Lowe stated that Public Works staff is working with the environmental judge in the Environmental Court, to work out an approved satisfactory mitigation plan. He said there was definitely a violation of the land alteration ordinance. He stated the judge would be the one that ultimately approves the plan, and to his knowledge all the issues have not been resolved. Director Adcock asked if the Board should be considering this, if this issue was still in court. Mr. Carpenter, City Attorney, answered that the litigation as he understands it, is going to deal with what types of restorations need to be made because rel Little Rock Board of Director Meetin.- July 13, 2004 6:00 PM of the trespass that occurred when they cut down the trees on Mr. Pfeiffer's property, so from that stand point, did not think the board needed to be concerned with that. From the standpoint of do you move forward with this as a zoning matter, he stated the board has heard from Mr. Bozynski and Mr. Lowes as to what the City can do in that regard, and thought it becomes a policy decision for the Board. Ms. Penny Collinstoad, attorney for Mr. Thornton, developer of the mini - storage project, addressed some of the questions brought up tonight. She stated there are two pieces of court action that are in place. One is in the Circuit Court of Pulaski County, which is a private lawsuit brought by Mr. Pfeiffer against Mr. Thornton, which is for damage to Mr. Pfeiffer's property and not related to this matter at all. The other matter is in Environmental Court, which she stated she had represented Mr. Thornton. She stated she believed there had been three hearings before Judge Stewart in Environmental Court. She indicated that staff had come forward in Environmental Court and requested a stabilization plan to be put in place that had twelve items that Mr. Thornton had to do to remedy what had been done, and satisfy the Environmental Court. These points include that all slopes must be graded to less than a three to one slope, a thirty feet landscape buffer must exist on the northern property line, erosion controls, re- vegetation, fertilization, tree planning and the spacing between the trees, a very specific list of twelve items. The last hearing, which there is a report back to Judge Stewart at the end of this month, and the last item, the only item left on this list is the grass and it has been plated three times. They are to report back to Judge Stewart on how the grass is growing. She stated they had some difficulties in getting it to seed and the grass has been replanted once again, and it is growing. That is the final stabilization item in Environmental Court. There are no looming decisions to be made, there has been no fine levied against Mr. Thornton, and he pled no contest to the matter and wanted to do the right thing. She stated that city staff has been visiting the property and have been satisfied with the progress, and has been supportive of the revision of this conditional use permit. Ms. Collinstoad asked the Board to deny the rescind request. Mr. Parker stated he has a copy of the stabilization requirements which the Environmental Court wants, and some things have not been done, which are that trees must be planted on the northern property with fifteen foot spacing, and there are no trees growing on that slope, they have all died because of the condition of the slope. He said there has been no fine because there has not been a conclusion. Board members requested clarification from Mr. Carpenter on voting procedure. Mr. Carpenter explained that a Board member does not have to make a motion to take action. If a motion is made to take action, then if the Board wants to uphold the Planning Commission's action. Director Cazort stated he understood the action of not making a motion on resolutions, but this was an ordinance, and if no action is taken, it is still there. Mr. Carpenter stated it is an appeal. The City Clerk, Ms. Wood, stated it was a resolution, that it was typed wrong on the agenda. Director Pugh asked if you voted yes, did that mean you were overturning the Planning Commission's vote. Director Keck, as a point of order, asked Mr. Carpenter if a vote yes was to overturn he Planning Commission's action, and a vote no was a vote in support of the Planning Commission's action and in support of the applicant. Mr. Carpenter stated that was correct. Director Keck asked if there were no motion, then the resolution dies because there is no motion and it does not come back. Mr. Carpenter agreed this was correct. Vice Mayor Hinton closed the public hearing. There was no motion for action on the item. The resolution failed. 7 Little Rock Board of Director Meeting July 13, 2004 6:00 PM Director Keck asked if there were any speaker cards presented on Items 7 and 8, and if not read them as grouped items. Vice Mayor Hinton indicated there were no cards turned in on any of the remainder of the items on the agenda. Mr. Carpenter, stated that item 10, dealing with Capitol Lakes Estates needed to be deferred because it is pending litigation and the court has not ruled. Director Cazort asked if one week would be sufficient, or sometime in August. Mr. Carpenter replied that to be safe, defer to the second meeting in August. Director Keck made the motion to defer to the second Board of Directors Meeting in August, Director Cazort seconded the motion, and by unanimous voice vote of the Board members present, the item was deferred to August 17, 2004. Director Adcock asked Mr. Moore, City Manager to explain Item 8 before the Board takes action. Mr. Moore stated a problem arose last year when for the first time, one of the review committees recommended something different from the other CDBG Committee, and after staff reviewed that particular situation, it was recommended that the two committees be combined. This will insure that the individuals appointed to the committee will review all of the various recommendations and present one recommendation to the Board. 7. PUBIC HEARING & ORDINANCE NO. 19,129 - To establish and lay off the City of Little Rock Municipal Property Owners' Multipurpose Improvement District No. 20 (Madison Valley Project); and for other purposes. Vice Mayor Hinton opened the public hearing. There were no cards presented, and no one present who wished to speak in favor or in opposition to the ordinance. Vice Mayor Hinton closed the public hearing. The ordinance was read the first time. Director Adcock made a motion, seconded by Director Hurst to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two thirds in number, the rules were suspended and the ordinance was read the second time. Director Adcock made a motion, seconded by Director Hurst to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two thirds in number, the rules were suspended and the ordinance was read the third time. By unanimous voce vote of the Board members present, being two - thirds in number, the ordinance passed. 8. PUBLIC HEARING & RESOLUTION NO. 11,787 - To amend the Citizen Participation Plan, which sets forth the process through which citizens are involved in the planning and development of projects funded through the CDBG and HOME Programs. Synopsis: The current plan calls for two advisory committees, and this amendment would merge the two committees. Vice Mayor Hinton opened the public hearing. There were no cards presented, and no one present who wished to speak in favor or in opposition to the ordinance. Vice Mayor Hinton closed the public hearing. The resolution was read. Director Adcock moved for the adoption of the resolution, Director Hurst seconded the motion, and by unanimous voice vote of the Board members present the resolution was adopted. Little Rock Board of Director Meeting July 13, 2004 6:00 PM 9. ORDINANCE NO. 19,130 - LU04- 10 -01— To amend the Land Use Plan (16,222) in the Boyle Park Planning District from Office to Mixed Use and Single Family; and for other purposes. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: Land Use Plan Amendments in the Boyle Park Planning District from Office Mixed Use for future development. The ordinance was read the first time. Director Cazort, seconded by Director Hurst, moved to suspend the rules and place the ordinance on second and third reading. By unanimous voice vote of the Board members present being two - thirds in number, the rules were suspended and the ordinance was read the second and third time. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinance passed. 10. ORDINANCE NO. - S- 1100 -B -Granting variances from various lot development standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow a reduced front lot width on selected lots, a variance to allow reduced minimum lot square footage on selected lots, a variance to allow a reduced front yard building line on selected lots for the Capitol Lakes Estates Tract A — Governors Manor — Preliminary Plat located north of Capitol Hills Boulevard at Rushmore Avenue. Planning Commission: 7 yes, 3 no and I absent. Staff recommends approval. Item was deferred to August 17, 2004. Synopsis: The applicant is requesting the following variances from the Subdivision Ordinance in developing 9.12 acres with 45 single- family lots: 1. A variance to allow a reduced front lot width on selected lots. 2. A variance to allow a reduced lot depth on selected lots. 3. A variance to allow a reduced minimum lot square footage on selected lots. 4. A variance to allow a reduced front yard building line on selected lots. Director Cazort move to adjourn, Director Keck seconded the motion. Nancy Wood, City Clerk, reminded Vice Mayor Hinton that Item M -9 had not been considered. Director Cazort withdrew his motion. (See M -9 listed in modifications). Mr. Moore announced that Mr. Biles could present the Financial Report at the next agenda session if the Board wished to adjourn. Director Cazort made the motion to adjourn, Director Keck seconded the motion and by unanimous voice vote of the Board members present, the meeting adjourned. ATTEST: Noe Y Wo d, City Clerk APPROVED: RUMP, ,�� ,r, Mayor 9