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07-03-011?z Minutes Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas July 3, 2001 6:OOP.M The Board of Directors of the City of Little Rock, July 3, 2001, regular meeting, with Vice Mayor Cazort presiding. City Clerk Nancy Wood called the roll with the following Directors present: Directors: Hinton, Lichty, Keck, Stewart, Wyrick, Graves, Adcock and Kumpuris present, Mayor Dailey was absent. The invocation was given by Director Keck; followed by the Pledge of Allegiance. The following modifications were presented to the Board of Directors. Director Adcock made a motion to accept the modifications, with Director Keck seconding the motion, and by a unanimous voice vote of Board members present, the following modifications were made to the agenda. PRESENTATION - Declaring the month of July, Recreation and Parks Month M -1. RESOLUTION NO. 11,085 - Authorizing the City Manager to extend subcontracts for six months with organizations to provide services to Welfare to Work Eligible Clients; and for other purposes. M -2. RESOLUTION NO. 11,086- Authorizing the City manager to enter into a contract for Re- Insurance for the City's Self - Insured Worker's Compensation program with CNA. M -3. ORDINANCE - To establish a procedure by which the City shall declare the relocation of certain utilities as necessary for the public good; to declare an emergency; and for other purposes. (Deferred to July 17, 2001.) M -.4 ORDINANCE NO. 18,512 - To call a Special Election for August 14, 2001, in the City of Little Rock, Arkansas, on the question of increasing the tax on real land personal property in the City of Little Rock, Arkansas, by one mill (1.0) from one and eight tenths (1.8) to two and eight tenths mills (2.8) to be levied and collected for maintenance and operation of the Public Libraries of the City, and for other purposes. M -5. RESOLUTION NO. 11,087 — Authorizing the City Manager to enter into contract negotiations with Little Rock Boys and Girls Club- Whetstone to provide Youth Prevention programs targeted for youth in Southwest Little Rock. DEFERRALS: 5. ORDINANCE - Z -7004 — Reclassifying property located at 10902 Kanis Road from C -2 (Shopping Center District) to C -3 (General Office District) amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission 10 yes, 1 absent.) Staff recommends approval. (Deferred from June 19, 2001.) (Deferred to July 17, 2001.) 14. RESOLUTION & PUBLIC HEARING - Z -7009 — To rescind the Planning Commission's approval of a Conditional Use Permit to allow a multi - sectional manufactured home at 3820 Foster Street. (Planning Commission: 6 yes, 2 no, 3 absent.) Staff recommends denial of the resolution, approval of the CUP. (Letters of opposition from Ward 6 are on file in the City Clerk's office. (Deferred to July 17, 2001.) Presentations were as follows: A Proclamation was issued, declaring the month of July, Recreation and Parks Month. Summer Youth Program Highlights — PromiseLand Ministries /Promise Camp The Youth Home Thank You — Bill Asti, was rescheduled forAugust 7, 2001. The consent agenda consisted of two items (Item 1 and Item 2) 1. MOTION - To approve minutes of regular meetings; May 1, 2001, May 15, 2001 and reconvened meeting: May 29, 2001. 2. RESOLUTION NO. 11,081 - To authorize the City Manager to enter into a contract with Cruse Uniforms and Equipment Company for the purchase of Ballistic Vests for the Little Rock Police Department. The items were read. Director Adcock made a motion to adopt the consent agenda, with Director Keck seconding the motion. By unanimous voice vote of the board members present, the consent agenda was adopted. Item 3 was incorrectly listed as a resolution, rather than an ordinance. City Clerk, Nancy Wood, asked Vice Mayor Cazort if the item could be added to the grouped items. A motion was made by Director Keck to add the item to the grouped items; Director Kumpuris seconded the motion, and by unanimous voice vote of board members present, the action was approved. There were no speakers presented for Citizens Communications The next consideration was the Grouped Items: 4 -12 4. ORDINANCE NO. 18,514 - Z- 6178 -E — Approving a Planned Zoning Development establishing a Planned Residential District titled Stagecoach Village — Long Form PRD, located at the west side of Stagecoach Road, approximately 1400 feet south of Baseline Road in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission; 8 yes, 3 absent.) Staff recommends approval. (Deferred from June S, 2001) 5. ORDINANCE - Z -7004 - Reclassifying property located at 10902 Kanis Road from C -2 (Shopping Center District) to C -3 (General Office District) amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning - Commission 10 yes, 1 absent.) Staff recommends approval. (Deferred from June 19, 2001.) (Deferred, see modifications) 6. ORDINANCE NO. 18,515 - Z-7025 - Approving a Planned Zoning Development and establishing a Planned Commercial District titled West Park Office Centre — Long Form PCD located at the northeast corner of Kanis and Bowman Roads in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: 7 yes, 0 no, 3 absent.) Staff recommends approval. 7. ORDINANCE NO. 18,516 - Z -7022 — Approving a Planned Zoning Development and establishing a Planned District — Commercial titled Cantrell Loops Subdivision (Lot —1) — Short Form PC -C located on the north side of Cantrell Road at Taylor Loop Road (east leg) in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: 6 yes, 0 no, 3 absent, 1 abstention.) Staff recommends approval. (Director Kumpuris recused) 8. ORDINANCE NO. 18,517 - LU01 -18 -03 — Land Use Plan Amendment in the Ellis Mountain Planning District in the Brodie Creek Subdivision from Mixed Office Commercial and Low Density Residential to Single Family. (Planning Commission: 7 yes, 0 no, 4 absent.) Staff recommends approval. 9. ORDINANCE NO. 18,518 - Z- 5963 -B — Amending Ordinance No. 16,908, revoking a portion of a Planned Zoning District titled Brodie Creek — Long Form PRD, reclassifying property located west of Bowman Road, approximately one mile south of Kanis Road, amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 7 yes, 0 no, 3 absent.) Staff recommends approval. 2 VA 10. ORDINANCE - To amend the Master Street Plan Ordinance No. 15,519 for Kanis Road Required Pavement Width Reduction from Bowman Road to Chenal Parkway. (Planning Commission: 9 yes, 0 no, 2 absent.) Staff recommends approval. (Deferred to August 21, 2001) 11. ORDINANCE NO. 18,519 - Z- 4741 -A — Approving a Planned Zoning Development and establishing a Planned Office District titled Wade — Short Form POD located at 5100 "B" Street in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission 6 yes, 0 no, 4 absent.) Staff recommends approval. 12. ORDINANCE NO. 18,520 - Z- 5959 -A — Approving a modification to a Planned Zoning District of a Planned Zoning Development titled Cook Restoration — Revised PD -C, located at 3204 Old Shackleford Road, in the City of Little Rock, Arkansas, amending Ordinance No. 16,879 and Chapter 36 of the Code of Ordinances of the City of Little Rock; and for other purposes. (Planning Commission: 7 yes, 0 no, 3 absent) Staff recommends approval. 3. ORDINANCE NO. 18,513 - Approving a waiver of the landscaping and screening requirements for a new Sprint PCS WCF located at 6521 Lancaster Road. Staff recommends approval. The Ordinances were read the first time. The rules were suspended to provide for the second and third readings of the Ordinances by unanimous vote of the Board members present. A majority vote of the board members present, the ordinances were adopted. (Director Kumpuris recused on Item 7) 13. ORDINANCE NO. 18,521 - To dispense with the requirement for competitive bidding; to approve a contract with Motorola Communications and Electronics Inc. to purchase 87 Portable Radios in the amount of $288,191; to declare an emergency; and for other purposes. 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 ten in number and two - thirds or more of the members of the Board of Directors. By a majority voice vote of the Board Members present the ordinance and emergency clause were passed. (Director Lichty recused.) 14. RESOLUTION & PUBLIC HEARING - Z -7009 —To rescind the Planning Commission's approval of a Conditional Use Permit to allow a multi - sectional manufactured home at 3820 Foster Street. (Planning Commission: 6 yes, 2 no, 3 absent.) Staff recommends denial of the resolution, approval of the CUP. (Letters of opposition from Ward 6 are on file in the City Clerks Office.) (Deferred to July 17, 2001.) 15. RESOLUTION NO. 11,082 - Of support for the continued community partnership between the City of Little Rock, Arkansas, and the City of Kalush, Urkraine; and for other purposes. Mr. Walter Nunn gave a brief presentation on the Kalush partnership. The resolution was read, and with a motion by Director Stewart, a second by Director Adcock, and a unanimous voice vote of the board members present, the Resolution was adopted. 16. ORDINANCE NO. 18,522 - Waiving the provisions of Section 36- 342.1(C) (11) of the Code of Ordinances of the City of Little Rock, Arkansas to permit a ground - mounted sign to be installed on the Urban Use Zoned Property located at 708 W. 2 "d Street in the City of Little Rock, Arkansas; and for other purposes. (Staff recommends denial.) Mr. Jim Lawson gave a brief summary of the item, saying they had not had anything like this proposal before. He said it was actually a two part item, saying that the first part is that in the new UU District, which is Urban Use, they way it's designed all the buildings are supposed to be at the front of the lot, and the ordinance doesn't allow a ground mounted sign because there is no room to put one. In this case on this particular site, the building has been there for sometime, and there is room to put a ground - mounted sign. He stated staff was not opposed to waiving the UU District and having a ground- mounted sign. He said part two is a sign they would like to have is thirteen feet, nine inches tall and that is F51, almost twice the height allowed for an office use. He said so what staff supports is the waiver of the requirement and let them have a sign which is an office sign which is six feet tall, a total of sixty four square feet. He said the only thing the ordinance says is to waive that and allow a ground - mounted sign. He said the real issue is for the Board to determine how large a sign is to be allowed. Director Adcock asked why the applicant wanted a sign this tall? The applicant, Reggie Adams, with Adams Sign, answered that the sign was designed to be above what would be considered a level that vandals would be able to reach and damage the clock on the mounted sign. He said they had considered this to be an esthetically pleasing sign, and done with good taste, not gaudy, and is basically what the client and he had discussed. He stated that as far as the height of it, it was a little tall, but was up so that people could not easily reach it and damage it. Vice Mayor Cazort asked how they had determined the square footage? Mr. Adams said the square footage was based upon the pole cover and the area that the sign actually takes up. Vice Mayor Cazort asked it were a flat sign or square pole? Mr. Adams stated that it was a pole, and the square appearance was a pole cover. Vice Mayor Cazort asked Mr. Lawson how they would measure the sign? Mr. Lawson said they would measure the square pole and up around the other area. Mr. Lawson said he wanted to correct a statement he had made earlier, saying this property, even though it was an office use, it was zoned C -4 prior to W and the sign ordinance goes by zoning and not use, so they could have had a thirty six feet tall sign, and one hundred and sixty five square feet. He said what they are asking far is smaller than a commercial sign. Vice Mayor Cazort called for a roll call vote which was recorded as follows: Directors Hinton, Lichty, Cazort, Stewart, Wyrick, Graves, voted yes, Directors: Keck, Kumpuris, and Adcock voted no, Director Pugh and Mayor Dailey were absent. The vote was 6 yes, 3 no. The ordinance was adopted. 17. RESOLUTION - To recommend to the Pulaski County Election Commission a proposal for City Ward Boundaries to be modified as a result of the 2000 Federal Decennial Census; and for other purposes. (Discussion only.) (Item to be placed on the July 17, 2001 agenda.) Mr. Jim Lawson and Mr. Walter Malone, city staff, presented slides with maps that showed the staff recommended proposed boundaries, and slides that showed how the changes that would occur in areas if changes proposed by the board at the last meeting were made, in particular the Birchwood and Pecan Lake areas. Director Kumpuris stated he thought tonight was for brief discussion and that a time would be allowed at a later meeting for public comment before any proposals the Board wanted to do were made. Vice Mayor Cazort said the item was listed for discussion only and that the presentation by staff and comments from the City Manager would be done tonight, and that in two weeks, the item would be voted on. Mr. Carney stated that the board has a number of choices, that Mr. Lawson and his team have already appeared before the County Election Commission and presented the data and they have planned a series of public meetings to talk about this before they finally vote. He said the Board's vote when taken would be only a recommendation or suggestion for the County Election Commission, and there is no special time frame. He said they did want to complete their work by the fall, and would be announcing their hearing series over the next few weeks. Vice Mayor Cazort asked Mr. Carney how many public hearings would the election commission have? Mr. Lawson stated they didn't know at this point, but said he had gotten the impression they would have maybe two or three. He said one of the things they (city staff) volunteered to do was for the City of Little Rock staff to come to the hearings and if someone proposed a change, the city staff would respond as to what that would mean in terms of population. Vice Mayor Cazort asked if they would be bound to take proposals or suggestions the board makes? Mr. Lawson and Mr. Carney said they were not bound to do so. Director Kumpuris stated he would like the Board to informally not do anything tonight, invite the public back in two weeks, and have a hearing or public input and then make some decisions on what the board would like to recommend. Vice Mayor Cazort stated that could be done as a directive, that it was also his understanding that that discussion would take place tonight, and bring it back in two weeks for a vote on final recommendation. It was agreed that all proposals would be laid out at the next meeting and public comment would be taken at that time. 18. RESOLUTION NO. 11,083 - To create a policy addressing travel procedures and funding for the Little Rock Board of Directors; to develop a policy for addressing travel needs for the balance of 2001; and for other purposes. Mr. Carney stated the KI Sla resolution before the board incorporated all the suggestions the board had agreed to the previous week. He said it does have one specific section that adds additional funding; the additional $10,000 that was spoke of, to the travel budget, and outlined the sources of that money from the Board budget. He said if the Board wanted to consider the entire resolution that could be done, if there was some desire that the additional funding not be considered as part of the action, then that could be done separately, and removed by amendment for consideration of the other parts of the resolution. Vice Mayor Cazort stated that the last time the travel budget was discussed, the budget was almost expended, and it was directed at that time that the July trips would be cancelled, and asked what effect had on the travel budget. Mr. Carney, City Manager, stated that the numbers were reviewed and each board member has copies of the review, and the conclusion of all that, was that the trip by Mayor Dailey to the Conference of Mayors was added in, and the conclusion is that the board is about $2,000 under the actual travel budget of $30,000. Mr. Carney stated this was accomplished by canceling the four July trips. Director Kumpuris asked that the money be considered separate from the other issues of the resolution. Director Kumpuris made a motion to amend the resolution to delete the transfer of funds from the boards budget account to the travel budget, the motion was seconded by Director Stewart, and by unanimous voice vote of the board members present the resolution was amended to reflect the change. The resolution was read as amended. A motion was made by Director Kumpuris to adopt the resolution. Director Graves seconded the motion, and by unanimous voice vote of the board members present, the resolution was adopted. Director Lichty stated that the motion was made originally to cover a proposed loss that the Board was going to incur, among other things, to send representatives from the City to the National League of Cites Conference, stated if he was hearing Mr. Carney correctly, since that motion was made, a couple of thousand dollars had been come up with by virtue of canceling some trips. He said the question then goes back to, if the city is going to send a proper representation of the City to the nation League of Cities Conference, how many people would that include, and what would be the projected amount to do so. Mr. Carney answered that there are a variety of numbers in terms of who attends this fall conference in the past. He said they way it stands now, is both Mayor Dailey and Director Keck could attend that conference be reimbursed by the Arkansas Municipal League because of their committee memberships in the City. He said they would have some per diem costs incurred. He further stated that there was enough in the current budget to cover these costs, with the League's reimbursement. He stated that generally the cost is $2000 to $2500 per member to attend, so any additional dollars would need to be added to the $30,000 budget. He recollected that there had been as few as two members and as many as six members attend this conference, and that it is strictly the Boards call on attending these conferences. Director Lichty continued, stating that because the Board authorizes the transfer of funds, it doesn't necessarily mean those funds would be expended unless absolutely necessary. Mr. Carney stated with the resolution just adopted those additional conference trips of any description would need to come back to the board for action for the rest of the year. Director Lichty stated then, to his understanding or hearing, that any additional funding of trips would be considered on an individual basis. Mr. Carney agreed that was the concept, for the balance of this year. Vice Mayor Cazort asked if there were any other comments. There were none, and it was decided that for the rest of this year, travel would be considered on a case -by -case basis. Mr. Carney stated the travel budget would be amended, it would still be at $30,000 and sensed his direction was not to exceed that, and any travel requests was to come back to the Board for the rest of the year. The modifications to the agenda followed the discussion on travel and consisted of- M-3. ORDINANCE - To establish a procedure by which the City shall declare the relocation of certain utilities as necessary for the public good; to declare an emergency; and for other purposes. (Deferred to July 17, 2001.) A motion was made by Director Lichty and seconded by Director Adcock, to defer item M -3 to July 17, 2001; by unanimous voice vote of the board members present, the Ordinance was deferred for two weeks. M -.4 ORDINANCE NO. 18,512 - To call a Special Election for August 14, 2001, in the City of Little Rock, Arkansas, on the question of increasing the tax on real land personal property in the City of Little Rock, Arkansas, by one mill (1.0) from one and 9 eight tenths (1.8) to two and eight tenths mills (2.8) to be levied and collected for maintenance and operation of the Public Libraries of the City, and for other purposes. There was no discussion. Vice mayor Cazort asked for the first reading. The ordinance was read the first time, rules were suspended to provide for the second and third reading of the ordinances, and by unanimous voice vote of the board members present, the Ordinance and Emergency Clause were adopted. M -5. RESOLUTION NO. 11,087 — Authorizing the City Manager to enter into contract negotiations with Little Rock Boys and Girls Club- Whetstone to provide Youth Prevention programs targeted for youth in Southwest Little Rock. Mr. Don Darnell spoke to the Board on Item 5. He stated that he is currently the president of the Wakefield Neighborhood Association, and the Dalton Whetstone Boys and Girls Club is in their neighborhood and they know the benefit it has been not only to Wakefield, but Southwest Little Rock in general, and supported the resolution. He noted that in their neighborhood they had the most diverse census block in Pulaski county. He hoped that in picking contracts to be let and programs to be funded, that some special sensitivity would be granted by the City to the diverse nature of the youth in their neighborhood in Southwest Little Rock. Director Kumpuris introduced Mr. Jerry Lane, Boys and Girls Club Board. Mr. Lane thanked the Board for supporting the youth in the City. He said they work hard in their programming to give every child who attends the opportunity to succeed through many different ways and avenues. He said they try to take in the many facets of a community and that the kids are special and they try to give them opportunities to feel good about themselves in many different ways. M -1. RESOLUTION NO. 11,085 — Authorizing the City Manager to extend subcontracts for six months with organizations to provide services to Welfare to Work Eligible Clients; and for other purposes. M -2. RESOLUTION NO. 11,086 — Authorizing the City manager to enter into a contract for Re- Insurance for the City's Self- Insured Worker's Compensation Program with C.N.A. Vice Mayor Cazort asked the clerk to read Items M -1, M -2 and M -5 together. The resolutions were read. Director Adcock made the motion to adopt the resolutions, Director Hinton seconded the motion, and by unanimous voice vote of the board members present, the resolutions were adopted. 19. REPORT - City Manager's Activity Report. Mr. Carney stated that he had four items. One was the final report minus colored slides from the Urban Land Institute, regarding their study of the Markham and University corridor. Mr. Carney stated he thought it was important the Board have the documents to look at, the narrative portion. He said the report is final and would not be changed, but there would be some slides, photos, etc, added at a later time. He said the plan would start at the Planning Commission, for their review and comment, and then the Board would look at it. He presented a calendar of events to the Board for the month of July and beyond. His final report regarded a complaint by an employee filed against the City, which resulted in an investigation by the United States Department of Labor, and a finding that resulted in the City having to repay or make additional payments to a number of City employees related to their compensation for time worked. The complaint was that the city has a number of employees who may park a city vehicle in a remote location and employees must travel to that site to get their city car to start work and conclude work, and to take the car back to that site at the end of the day. The question was the time preceding trips to those sites and away from those sites at the end of the day, was the time to be paid or not. The City felt they should not pay for those times, and the Department of Labor felt they should. This resulted in a distribution of approximately $118,000 to a variety of City employees because of the original complaint and the finding by the Department of Labor. Mr. Carney stated this would be covered by vacancies primarily within the Housing and Neighborhood Programs Department Budget, using existing dollars within their budget in the salary category to make those payments. Mr. Carney noted that in addition to these payments, the Department of Labor had also fined the City $9,200 as a result of the timekeeping, which would also be funded out of the same account. The final item of Mr. Carney's report was reporting that the City's Annual Financial Audit including the Comprehensive Annual Financial Report was finished last Friday and it was on time. He stated that the final review of the document should be available to the Board in few days. G Director Adcock noted that she had read in the paper today's date that the City was going to provide a shuttle service for bicycle rides across Murray Lock and Dam. She asked to be provided with the cost of this, and how it was to be funded. Mr. Carney acknowledged that he would get the information to her. Director Hinton asked to have an open discussion on the payment to the City employees who field the complaint. Mr. Bruce Moore, Assistant City Manager answered that most of the employees had looked as having the vehicles as a perk and hot having to utilize their personal vehicles to travel to work. He said as a result of the complaint, the employees must now park their cars at alert centers and are no longer allowed to take the city vehicle home. He said the situation, as been rectified, and other departments who have allowed the practice to go on, have been directed to cease that practice. Director Deck asked for citizens to consider making blood donations in light of the severe blood shortage, and the holiday approaching. Director Hinton reported on the events of the Arkansas Municipal League Conference held in Little Rock on June 27, 28, and 29. He handed out literature from the conference to the Board members. The board recessed to executive session at 7:40 PM to consider appointments to various Boards and Commissions. 20. RESOLUTION NO. 11,084 - Appointments to various Boards and Commissions. Mr. Carney announced the candidate recommendations for the various positions: The Board of Adjustment: Mr. Andrew Francis. The Central Arkansas Transit Authority Board: Mr. Jerry Paul, Mr. Cy Carney. The Commission on Domestic Violence: Ms. Lorie Barksdale. The Community Housing Advisory Board: Ms. Jane Gring. The McArthur Military History Museum: Mr. Larry Garner and Mr. Wassell Turner, The Oakland Fraternal Cemetery Board: Sandy Jones, Harry Hammer, Ivory Roper, Holly Paynter. The Racial Cultural Diversity Commission: Mr. Don Darnell. A motion was made by Director Adcock, and seconded by Director Graves to adopt the resolution making the various appointments. By unanimous voice vote of the board members present, the resolution was adopted. Director Hinton made a motion to adjourn, Director Adcock seconded the motion and by unanimous voice vote of the board members present, the meeting adjourned at 7:55 P.M. ATTEST: Nan y Wood City Clerk APPROVED: Mayo , im Dailey 7