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02-17-04MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham February 17, 2004 • 11 '► The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey presiding. Assistant City Clerk, Nataki Blocker called the roll with the following Directors Present: Vice Mayor Hinton, Keck, Stewart, Adcock, Hurst, Wyrick, Cazort, Kumpuris and Mayor Dailey. Director Pugh was absent. Director Wyrick gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the following modification to the agenda. ADDITIONS: M -1. RESOLUTION NO. 11,686 - To amend Little Rock, Arkansas Resolution No. 11,648 to clarify that a member of the Project Progress Committee must have a degree or experience in Telecommunications or Information Technology; and for other purposes. Synopsis: The resolution amends Little Rock, Ark. Resolution No. 11,648 (December 16, 2003) which established the Project Progress Review Committee for the 2004 capital improvement bond issue and expands the expertise for the one position to include information technology or telecommunications. Section 2 states the Board's intent that someone on the committee appreciate issues concerning capital improvements and emergency communications. M -2. ORDINANCE NO. 19,053 - LU- 03 -20 -01 - To amend the Land Use Plan (16,222) in the Pinnacle Planning District from single family, office and multi - family to commercial, office, park/open space and multi - family; and for other purposes. M -3. ORDINANCE NO. 19,054 - Z- 5099 -B - Reclassifying Property located within and surrounding the Northwest Territory Subdivision located near the intersection of Cantrell Road and Chenal Parkway. Synopsis: As of February 13, 2004, the property owner, Gene Pheifer, has revised the above referenced rezoning application. The revised application reduces the overall acreage proposed for multifamily zoning from 94.59 acres (proposed MF -6 and MF -12) to 17.13 acres (proposed MF -18). The overall number of proposed multifamily units is being reduced for MF -18 zoning is located immediately north of proposed 0-3 and C -3 zoning, and is the tract closest to Cantrell Road of the acres originally proposed for multifamily zoning. The 17.3 acres will essentially be a swap for the existing MF -18 zoned property. Director Cazort asked if items M -2 and M3 were replacing Items 13 and 14. Mr. Carpenter; City Attorney advised that they were. Director Cazort made the motion to add M -1 to the Consent agenda, and replace Items 13 and 14 with Items M -2 and M -3, Vice Mayor Hinton seconded the motion, and by unanimous voice vote of the Board members present, the modifications to the agenda were made. CONSENT AGENDA (1 -10) 1. MOTION To approve minutes from the Little Rock Board of Directors regular meeting: January 6, 2004 2. RESOLUTION NO. 11,687 - To authorize the sale of Lot 11, Block 112, and the north three (3) feet of Lot 10, Block 112, Original City of Little Rock, to the State of Arkansas for the appraised value of $75,000 and to authorize the Mayor and City Clerk to execute a deed for the property; and for other purposes. 3. RESOLUTION NO. 11,688 - To set the date of public hearing for March 2, 2004 on a petition for the establishment of Municipal Improvement District No. 21 — University Heights, filed in the Office of the City Clerk on January 21, 2004. 4. MOTION - To set the date of public hearing for March 2, 2004 on the appeal of the Planning Commission's action to deny a conditional use permit to allow a Transitional Living Facility to be located on the R -3 zoned property at 8223 W. 391h Street. (Planning Commission: 0 yes, 11 no). Synopsis: The applicant, Emanuel Thompson on behalf of the House of OBED, is appealing the Planning Commission's denial of a conditional use permit (December 18, 2004) to allow a Transitional Living Facility to be located on the R -3 zoned property at 8223 W. 391h Street. 5. MOTION - To set the date of public hearing for March 2, 2004 for appeals regarding the reassessment of local St. Charles Municipal Improvement District No. 1 of Little Rock, Arkansas, filed in the Office of the City Clerk on January 21, 2004. 6. MOTION - To set the date of public hearing for March 2, 2004 for appeals regarding the reassessment of local River Ridge Municipal Street Improvement District No. 638 of Little Rock, Arkansas, filed in the Office of the City Clerk on January 21, 2004. 7. RESOLUTION NO. 11,689 - 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 the Remmel Addition of the City of Little Rock; and for other purposes. 8. RESOLUTION NO. 11,690 - Authorizing the City Manager to execute contracts with engineering consultants to design Bond Projects 2004; Street, drainage, sidewalk and traffic signals. Synopsis: Authorizes the City Manager to execute agreements for engineering services for a portion of 2004 Bond Issue Projects. 9. RESOLUTION NO. 11,691 - To authorize the City Manager to enter into contracts with professional services for the construction and renovation projects for the Little Rock Police and Fire Departments, as part of the 2004 Bond Projects. Synopsis: Authorize the City Manager to enter into a contract with: Market Row for Architectural/Engineering services for Fire Training Building and 911 renovation projects, WE & D for Architectural Engineering services for renovations to Fire Station 16, Johnson & Chism for Architectural/Engineering services to renovate Fire Station 17, Cromwell Architectural Engineering Services for burn building, ground parking and fire training props, Gaskin Hill Norcross for 4 Architectural/Engineering Services to renovate Central Fire Station, The Renshaw Fir for Architectural/Engineering services to renovate Fire Stations 9 and 20, Fennell Purifoy for Architectural Engineering Services to renovate Fire Stations 4 and 10, Dan F. Stowers for Architectural/ Engineering services to renovate Fire Stations 18 & 12, The Benham Co. for Architectural/Engineering Services to renovate Fire Stations 6 and 13, Woods Cardine for Architectural/ engineering services to renovate Fire Stations 21, 3 and 11, Matrix IV Architects for Architectural/ Engineering services to renovate Fire Stations 14 and 15. 10. RESOLUTION NO. 11,692 - To accept the recommendations of policies and best practices adopted by the Little Rock Commission on Children Youth and Families in its policy statement; and for other purposes. Synopsis: The resolution will accept the policy and funding category recommendations for 2004 adopted by the Little Rock Commission on Children Youth and Families. The Consent Agenda was read, which included Items 1 -10 and Item M -1. A motion was made by Director Adcock, seconded by Director Cazort, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. GROUPED ITEMS: Items 11 and 12 11. ORDINANCE NO. 19,055 - To grant a franchise to Centurytel Fiber Company, II, LLC D /B /A Lightcore, as a telecommunications Services Provider within the City of Little Rock, Arkansas; permitting use of City rights -of -way and airspace; and for other - -- purposes. 12. ORDINANCE NO. 19,056 - To amend Ordinance No. 18,646 of the Ordinances of the City of Little Rock; providing for the modification of the purposes from which the Bond Proceeds (2003 Library Improvement Bonds) will be expended; providing for the approval of a Second Supplemental Trust Indenture; and prescribing other matters relating thereto. Items 11 and 12 were read the first time. The rules were suspended by two - thirds vote of the Board members present, being two - thirds in number to provide for the second and third readings of the ordinances. The ordinances were read the second and third times. By unanimous voice vote of the Board members present, being two - thirds in number the ordinances were passed. SEPARATE ITEMS: ITEMS: 13 and 14 13. ORDINANCE - LU03 -20 -01 — To amend the Land Use Plan (16,222) in the Pinnacle Planning District ( Chenal Parkway north of Cantrell Road) from Single Family, Office and Multifamily to Commercial, Office, Park/Open Space and 3 Multifamily; and for other purposes. Planning Commission: 7 yes, 3 no, 1 absent. Staff recommends approval. 1" reading: 1- 20 -04, Second Reading 2 -3 -04. Synopsis: Land Use Plan amendments in the Pinnacle Planning District from Single Family, Office and Multi - family to Commercial, Office, Park/Open Space and Multi - Family for future development. 14. ORDINANCE - Z- 5099 -B — To reclassify property located within land surrounding the Northwest Territory Subdivision located near the intersection of Cantrell Road and Chenal Parkway from R -2, MF -18, O -2 and 0-3 to MF -6, MF -12, O -3 and C -3. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: The owner of approximately 127 acres of undeveloped property located within and surrounding the Northwest Territory Subdivision near the intersection of Cantrell Road and Chenal Parkway is requesting to rezone the property from R -2, MF -18, 0-2 and 0-3, to MF -6 MF -12, 0-3 and C -3. 151 reading: 1- 20 -04, Second Reading 2 -3 -04. Items 13 and 14 were replaced by Items M -2 and M -3. (See modifications listed above). A staff presentation was made by Mr. Steve Beck, Interim Planning Director, stating that the application has been revised by the applicant which reduces overall acreage purposed for multi - family zoning from ninety -four plus acres to seventeen acres. Staff remains supportive of this application. Director Cazort asked Mr. Beck if the current zoning right now, on southwest areas in the map allow for basically nineteen and a quarter acres of M- F 18, and under this new proposal this nineteen and a quarter acres , would become commercial, plus a small strip of open space, and in exchange the applicant would have seventeen acres, a little over two acres less of M -F 18, and that would be the only multi- family in the proposal? Mr. Beck stated that was correct. Mr. Gene Pheifer, applicant stated the opposition was focused on the view from Pinnacle and that most of the site is not visible from that point. He stated that he has brought forth a new proposal, which does not add a single unit to the number of multi - family units the fire department is potentially already obligated to serve in this property. Mr. Pheifer explained what they have done, is take that seventeen acres of MF -18 off of Chenal and Hwy 300 and that which is very near to Cantrell where it would be visible, and have put it over 800 feet back in the woods where it should not be visible from Cantrell from Hwy 300 or Chenal. Its parameter is totally surrounded by property which is the balance of his own property. He stated that an apartment complex of this size would have a sprinkler system, and stated the Fire Chief had advised that sprinkler systems are approximately 99% effective on fires, and the project will be safer than most of the homes in the City, that are mostly not sprinklered. Mr. Pheifer asked the Board for support of this revised project. Ms. Mary Dornhofer, an opponent to the project, stated that more apartments would be up closer and higher at MF -18. She showed slides of the land for the proposed project, and of the development at the Ranch, the buffers and of the Chapel Ridge Apartments. She stated they (the opposing neighborhood) believed this was just the tip of the iceberg that this was going to be a piece -meal rezoning over time. She stated she would be here in opposition each time a piece of this property comes up for rezoning. She said it is not quite a swap because there is more commercial and more office at the intersection and taken together, that intersection represents about a hundred and fifty acres of commercial and office zoning. She felt this would be a huge stress on the roadways and stated it would not add to city tax revenues. It would only promote westward expansion, moving from downtown and midtown weakening the infrastructure even more. She stated it is time for unplanned development to be wrestled away from the developers, with little 0 regard for the environment, the beauty of the city and smart development. She asked the board to consider that M -F -18 is still too dense for the hillside and to deny the request. Mr. Tim Henley, of the Pinnacle Mountain Neighborhood Association, stated they were opposed to the request for rezoning, and asked for denial of the request for the following reasons: It is not needed, is not in compliance with state and city code and is not safe. He stated that current multifamily -zoned property is not at capacity, including the Chapel Ridge Apartments on Chenal. The two M -F 18 parcels south of Chenal have gone unsold for years. He stated that in Volume 10, Title 14 of Arkansas Code Chapter 56 -403 it says that municipal plans shall be prepared to promote the safety, convenience, and general welfare of the citizens. Among other things, the plans are to provide for (a) the appropriate and best use of land (b) the convenience of traffic and (c) the convenient distribution of the population and (d) safety from fires and other dangers. Mr. Henley cited traffic concerns present and future, and questioned the capacity of the schools to handle more volume of students, and fire safety in this area. Mr. Don Thompson, Pinnacle Valley Neighborhood Association member, spoke in opposition to the re- zoning and asked the Board to deny the rezoning, and cited the unknown costs to citizens of the city in order to make the land use and zoning changes to this property, and was in agreement of the reasons Ms. Dornhofer and Mr. Henley had just given. Mr. Pheifer stated he did not have any closing comments, but was available for questions. Director Hurst asked if the surrounding property owners were notified of the proposed change. Mr. Beck stated that all who had been present at the first Board Meeting where this was discussed had been notified. Vice Mayor Hinton asked if staff was supportive of this revised zoning. Mr. Beck stated staff was supportive. Director Kumpuris asked what the difference in the density as currently zoned, and this proposal, number of apartments that would be built in this area. Mr. Beck stated the number would be the same. It is the same acreage at the same density. Director Hurst asked what kind of increase would occur with the C -3 and 0-3 as opposed to R -2 for fire protection. Mr. Beck stated he was told that an engine company looks at about a mile and a half road miles, and for ladder trucks it's a two and a half mile distance, and what drives the ISO (Insurance Services Organization) rating is keeping the fire rating low. He said staff has been told that a station does not have to be built until this mile and half distance around the fire station is 51% developed. Director Cazort stated at this point, he did not see where adding anything above and beyond what the fire department is currently obligated to handle if it were developed as currently zoned would make a difference in the ISO rating. Director Hurst asked if staff had done any traffic study on the intersection and taken into consideration the C -3 zoning. Mr. Bruce Moore asked Mr. Guy Lowes, Public Works Director to review the traffic study. Mr. Lowes answered that staff has looked at the intersection as a fully developed area. He said north of Cantrell Road, the Chenal Parkway is scheduled, when it is fully developed, would be four lanes. He stated when it is developed, there would need to be a dual left turn lane for east bound, and a right turn lane coming in from the east and a right turn going west. He said the light is going up with the Walmart Supercenter construction and out lot development would take care of the south side, but when the north develops, the developer would need to take care of the north side. The ordinances (Items M -2 & M -3) were read the third time as amended. A roll call vote was taken and recorded as follows: Director Hurst, no, Director Cazort, yes, Director Keck, yes, Director Stewart, no, Director Wyrick, yes, Director Kumpuris, yes, 5 Director Graves, yes, Director Adcock, no, Vice Mayor Hinton, no, Mayor Dailey, yes. The ordinance was passed with a vote of 6 in favor and 4 opposed. Director Pugh was absent. CITIZENS COMMUNICATIONS Speaker: Liz Morris Topic: UALR Parking Lot — Traffic Safety Concerns Speaker: Michael Hodge Topic: Code Enforcement Issue (condemnation of property) 15. RESOLUTION NO. 11,693 - Appointments to various Boards and Commissions. Director Adcock made a motion the make the appointment to the Animal Services Board, Dr. Cole Beirbaum, and Director Keck made a motion for the approval of the re- appointment of Larry Alman to the Little Rock Port Authority, seconded by Director Cazort, and by unanimous voice vote of the board members present the appointments were made: The other appointments were deferred to March 2, 2004. Mr. Tom Carpenter, City Attorney, addressing the Summit Mall press release issued today's date, and the notice that was given the City Attorney's Office, indicating the developers were not going to build the development that was set forth in the ordinance the Board had passed in April, 2001. Mr. Carpenter announced that there would be a hearing February 18, 2004 before Judge Pierce, as to whether he should call an election on the referendum petitions that were filed in this matter. Mr. Carpenter stated he would like to be able to report to Judge Pierce, and suggested that the Board do so, would be to reconvene this meeting next week, and consider an ordinance to repeal the current Summit Mall Planned Development, since it is not going to be built in the way they said it would in the ordinance, and that it would expire April 2, 2004 in any case. Mr. Carpenter stated the Board is not bound to repealing it, but if the developers are not going to build it, and the City is potentially facing an election at a cost of approximately $60,000, at the end of March if the Judge cannot be convinced to change it to a later date, felt it was an unnecessary cost for the City to bear. Mayor Dailey announced that Mr. Carpenter had advised him in regard to his having a conflict of interest in regard to questions or comments, that as long as the process is being discussed that he would be allowed to participate but if discuss ensured on the merits of the issue, then he would need to recuse. Director Cazort made the motion to direct Mr. Carpenter to prepare an ordinance repealing the Summit Mall ordinance and recess this meeting to reconvene on February 24, 2004 to consider that ordinance. Director Adcock seconded the motion. Director Keck asked Mr. Carpenter if a press release worked the same as a letter as official notification. Mr. Carpenter stated he had a phone call from the client's counsel, which was binding on the client. The motion carried by unanimous voice vote. Director Kumpuris reported on updates in the Rivermarket area, and the Presidential Park entrance concept. C: A motion was made by Director Cazort, seconded by Director Adcock to recess the meeting to February 24, 2004, and by unanimous voice vote of the Board members present, the meeting was recessed. ATTEST: N cy Wo City Clerk APPROVED: Ji bailey M or 11