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06-18-02Minutes: June 18, 2002 MINUTES Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas June 18, 2002 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey presiding. The roll was called by City Clerk, Nancy Wood, with the following Directors present: Hinton, Pugh, Stewart, Graves, Lichty, Kumpuris, Keck, Adcock, Wyrick, vice Mayor Cazort and Mayor Dailey. Director Graves gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey announced that the Extraterritorial Jurisdiction items would be deferred. Mr. Tom Carpenter, City Attorney, explained that there is a question about the recording of the initial ordinance that allowed the process to go forward. The Clerk's office advised that the document had not previously been recorded; but was taken to the recorders office and recorded today. The recording is to assure that all interested parties know the nature of the action the city wishes to take so they can review it, make appropriate comments and plan accordingly, and with at least a two week deferral, there would be notice to that effect, and perhaps a longer deferral may be necessary. Mayor Dailey asked that those who turned in a card be notified of the next meeting. Mr. Bud Barnes stated he was the Chairman of the Concerned Citizens for Property Rights, a west Pulaski County organization. He said even though there is a technical glitch, asked for the meeting to be scheduled longer than two weeks out. Vice Mayor Cazort made a motion to table the items until the 2nd meeting in July. Director Adcock seconded the motion, and by unanimous voice vote, the meeting was tabled to July 16, 2002, conditional on the timetable being convenient for this group. PRESENTATIONS: Bioterrorism — Mr. Phil Wyrick — Stated there would be a drill in Little Rock, June 201h on Alexander Road, and invited the Board and public to attend and thanked the Little Rock Fire and Police for their support and participation. He said the event would be from 8 AM to 11 AM, and there would be a situation which would be handled just as if there was an outbreak, and the decontamination process would be demonstrated. Crusin' the Rock — Mr. Barry Travis announced the first Crusin the Rock car show. He said individuals and car clubs are participating and it is free of charge. The time is 6 PM to 9 PM on Thursday night, June 20, 2002. He said they were hoping to have this event every third Thursday night for the rest of the summer, and possibly the rest of the year. In September there will be an event " Crusin for the Cure ". September 21 St° to be held on the North Little Rock side in Riverfront park then they will cruise from North Little Rock to Broadway and to the River Market, where they will have a nostalgic dance and fun. NUSA — Director Adcock introduced Ms. Maggie Hawkins, National NUSA Board. Ms. Hawkins announced that they had obtained some vital information at the 27th Neighborhood USA Convention held in Houston Texas. The mission of NUSA is to empower residents in neighborhoods from around the various states in the USA and Canada to make differences in their neighborhoods. She said neighborhoods need a vision, a purpose, changes which net results. Ms. Hawkins introduced some of the people who attended the convention, and the participants overviewed some of the seminars and events of the convention that will be put to use in the city's neighborhoods. Vice Mayor Cazort motioned to add M -1 and M -2 to the consent agenda, and M -3 to the Grouped items, and defer Item 12. Director Keck seconded the motion. By unanimous voice vote of the Board members present, the modifications were made. MODIFICATIONS: Minutes: June 18, 2002 M -1. RESOLUTION NO. 11,308 - Authorizing the City Manager to execute a contact with Midwest Employer's Casualty Company for reinsurance coverage effective June 1, 2002. M -2. RESOLUTION NO. 11,309 -To Ratify the appointment of Ms. Alma Minton Williams to the Board of Commissioners, Central Arkansas Water, and for other purposes. M -3. ORDINANCE 18,703 -Z -7220 - Approving a Planned Zoning Development and establishing a Planned Office District titled Knights of Columbus — Short Form POD — located at 1600 S. Cleveland 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: 8 yes, 1 no, 2 absent.) Staff recommends denial. Mr. Lawson, Planning Director stated the staff recommendation has been changed to approval because it was going to be for Knights of Columbus meeting facility and offices; he said they would support a Knights of Columbus because they don't use it everyday, or have meetings everyday, etc., but felt the office use might be too intense. He said when it came to the Planning Commission, there were no objections from the neighbors, and the Planning Commission was in approval, so staff agreed to change the recommendation. DEFERRAL 12. ORDINANCE - Z -7212 — Approving a Planned Zoning Development and establishing a Planned Office District titled Little Rock Association of the Deaf — Short Form POD located at 9005 Lew Drive in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends approval. (Deferred 2 weeks at the request of the applicant.) CONSENT AGENDA (1 -8) 1. MOTION - To approve minutes from regular board meeting: 4 -2 -02 and Reconvened Meeting: 3- 26 -02. - 2. MOTION - To set the date of public hearing for July 2, 022 on the petition for the formation of Stagecoach Village Municipal Multipurpose Property Owners' Improvement District of Little Rock, Arkansas. 3. RESOLUTION NO. 11,310 - To set the date of public hearing for July 2, 02 on the petition to vacate and close the alley in Block 187 of John Barrow Addition to the City of Little Rock. (Planning Commission: Approved unanimously). Staff recommends approval. 4. RESOLUTION NO. 11,311 - To authorize the City Manager to enter into a contract with various vendors to purchase replacement vehicles from the 2002 Arkansas State Contract and City of Little Rock Bids for Solid Waste Collection. 5. RESOLUTION NO. 11,312 - To authorize local government endorsement of G C Services, located at 11001 Executive Center Drive, Little Rock, Arkansas to participate in the Advantage Arkansas Program; and for other purposes. 6. RESOLUTION NO. 11,313 - To ratify the appointment and re- appointment nominations to fill the vacancies on the Board of Trustees of the Arkansas. Arts Center. The appointments ratified were: Mike Mayton, reappointed for a four -year term, said term expiring June 30, 2006 Karen Mourot, reappointed for a four year timer, said term expiring June 30, 2006 Dr. Terry Yamauchi, reappointed to serve a four year term, said term expiring June 30, 2006 Dr. J. Floyd Kyser, appointed to serve a four year term, said term expiring June 30, 2006 Robert M. Lyford, appointed to serve a four year term, said term expiring June 30, 2006 2 Minutes: June 18, 2002 Susan Pfeifer, appointed to serve a four year term, said term exl..aing June 30, 2006 Robert Tucker, appointed to serve a four -year term, said term expiring June 30, 2006 Susan Williams, appointed to fill an unexpired term, said term expiring June 30, 2003. 7. RESOLUTION NO. 11,314 & 11,314 -X - Authorizing the City Manager to enter into contract negotiations for the provision of community based intensive case management and services for targeted populations in Midtown and Southwest Little Rock. (Shepherd's Ranch, Promiseland Ministries, Step -up Support Center, LR Boys & Girls Club -Billy Mitchell Unit, Catherine's House.) 8. RESOLUTION - Of support for Central Arkansas Water to establish a schedule of system development charges and capital improvement charges. (Deleted from agenda.) The consent agenda was read. A motion was made by Director Adcock; seconded by Director Pugh. Director Lichty stated that it was his understanding that Item 8 was to have been pulled from the agenda. Mayor Dailey asked for an amended motion to adopt the consent agenda, excluding item 8. Director Lichty made the motion, Director Adcock seconded the motion, and by unanimous voice vote the amendment was adopted. A voice vote was taken on approval of the consent agenda and by a unanimous vote of the Board members present, the consent agenda was adopted. GROUPED ITEMS: Items 9 -11 9. ORDINANCE 18,704 - To appropriate $90,000 for the Local Initiatives Support Corporation (LISC) to provide low to moderate housing assistance; to declare it impractical and unfeasible to engage in a competitive selection process; to declare an emergency; and for other purposes. 10. ORDINANCE NO. 18,705 - Amending Chapter 8 of the 1988 Revised Little Rock Code of Ordinances, providing for the adoption by reference of the 2002 National Electrical Code, and for other purposes. 11. ORDINANCE NO. 18,706 - Amending Chapter 8 and Chapter 12 of the Little Rock Code of Ordinances, providing for the adoption by reference of the 2000 International Building Code with Arkansas Amendments and 2000 Revisions and the 2000 International Fire Code with Arkansas Amendments and 2000 Revisions, and for other purposes. M -3. ORDINANCE 18,703 -Z -7220 - Approving a Planned Zoning Development and establishing a Planned Office District titled Knights of Columbus — Short Form POD — located at 1600 S. Cleveland 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: 8 yes, I no, 2 absent.) Staff recommends denial. (Staff changed their recommendation to approval. (See explanation above.) The grouped items were read the first time. The rules were suspended to provide for the second and third readings of the ordinance by two - thirds vote of the Board members present. By unanimous voice vote of the Board members present, the ordinances and emergency clause were adopted. SEPARATE ITEMS: 12. ORDINANCE - Z -7212 - Approving a Planned Zoning Development and establishing a Planned Office District titled Little Rock Association of the Deaf —Short Form POD located at 9005 Lew Drive in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: 10 yes, 0 no, I absent.) Staff recommends approval. (1St Reading: 6 -4- 02). (Deferred) 13. ORDINANCE NO. - To amend the Master Street Plan (15,519) in the Crystal Valley, Burlingame Valley, West Fourche, Barrett and Buzzard Mountain Planning Districts; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent) Staff recommends approval. (1 Reading: June 4, 2002). (Deferred) 14. ORDINANCE - LU02- 17 -01, LU- 01- 21 -01, LU02- 22 -01, LU01- 29 -01, LU- 02 -30- 01 - To amend the Land Use Plan (16,222) in the Crystal Valley, Burlingame Valley, West Fourche, Barrett and Buzzard Mountain Planning District Planning Districts; and Minutes: June 18, 2002 for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent) Staff recommends approval. (1 Reading: June 4, 2002). (Deferred) 15. ORDINANCE - To establish R -2 and AF Zoning in the area between the Planning Boundary described by the City of Little Rock Board of Director's Ordinance No. 18,488. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. (1St Reading: June 4, 2002). (Deferred) 16. ORDINANCE - To rezone 28 selected parcels non - residential classifications per owners' requests in the area between the Planning Boundary described by the City of Little Rock Board of Directors' Ordinance No. 18,488 and the previous Planning Boundary described in Ordinance No. 15,443. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. (0 Reading: June 4, 2002). (Deferred) 17. ORDINANCE - Z -6863 - Approving a Planned Zoning Development and establishing a Planned Office District tilted Michael's Revised Short -Form PCD located at 1701 Rebsamen Park Road in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: 3 yes, 6 no, 2 absent). Staff recommends denial. (Pt Reading: June 4, 2002). (Deferred) 18. ORDINANCE - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of the Master Street Plan street improvements for property located at 1701 Rebsamen Park Road. (Planning Commission: 3 yes, 6 no, 2 absent). Staff recommends denial. (1St Reading: June 4, 2002). (Deferred) Mr. Lawson, Planning Director, announced that a lease agreement is being negotiated but at this time is not final, and asked for a two week deferral. Director Adcock made a motion to defer the items for two weeks; Director Stewart seconded the motion. A roll call vote was taken and recorded as follows: Directors: Pugh, yes, Hinton, yes, Lichty, yes, Keck, no, Stewart, yes, Wyrick, yes, Kumpuris, yes, Graves, yes, Adcock, yes, Vice Mayor Cazort, no, Mayor Dailey no. The motion carried and items 17 and 18 was deferred. 19. PUBLIC HEARING & RESOLUTION - Z -7159 — Rescinding the Little Rock Planning Commission's action in approving a Conditional Use Permit to allow for placement of multi - sectional manufactured home on R -2 zoned property located at 10709 Stagecoach Road. (Planning Commission: 7 yes, 3 no, 1 absent). Staff recommends denial. (Deferred). Mayor Dailey declared the public hearing open. Mr. Lawson overviewed the item saying it was a request to rescind the Conditional Use Permit for a manufactured home. He said staff recommends denial of rescinding the CUP, not denial of the manufactured home. He said it is along narrow tract that backs up to the flood plain area. He said there is metal building already there, and the manufactured home would be located behind that building. The manufactured home would have to comply with the ordinance in terms of the pitch of the roof, etc. Mr. Lawson said they didn't have any objectors except Mr. Elliott that objected to it. He said South West Up was neutral on the issue. Ms. Paula Perry, 10601 Stagecoach Road, said her property directly adjoins the property in question. She said the way the item is reading is confusing. He said she is against the manufactured home being put there when there are some nice areas already zoned for manufactured homes nearby. She said they have not been good neighbors, they have dug out the property and left it, water stands, it's a breeding ground for mosquitoes. She said she felt it was a bad precedent for the Board to set, and where would the line be drawn. Mr. Walter Riddick, representing the applicant, stated this tract is bordered on the north and south by single - family residences, on the west by floodway and flood plain areas and to the east by a salvage yard. He said this would be something in the neighborhood of 3000 sq foot permanently installed home, with pitched roof, permanent underpinning. He addressed the excavation of the property and said they had a permit that was properly applied at the time. He said it was suitable for a manufactured home it is zoned R -2. Mr. James Elliott, 10719 Stagecoach said he knew all about this property having lived there forty years, and said if the trailer is located behind the metal building they would have to put it on five -foot stilts because every time you get a five -inch rain it would go under water. He said in the 3 or 4 years they have had nothing but problems from the owner. He said they lived in the old metal shed and he had to get the environmental people to come out and put hem out because the were using the bathroom in front of his wife and children, and that was one of the reasons he didn't want the trailer located there. Mr. Elliott stated that he felt the trailer would devalue the property, and if they hooked up sewer, they would have to come across his property, or his neighbor's property to do it. Ms. Thelma Wilkes, said she didn't want her grandchildren around people like the applicants. She said when these people lived there two years ago they had a water hose up in a tree and were running around naked taking a shower. Mr. James Elliott said the owner has also let this property grow up, and had seen five -foot snakes coming out of the weeds. Vice Mayor Cazort stated the character of an individual is not something that the Board can validly consider in this, but had some concerns abut the condition of the property, and suggested that the ordinance be read once, and defer the second reading for two weeks, and asked that public works go rd Minutes: June 18, 2002 take a look at it, and would like to have some pictures of the property and home before meeting again to discuss the issue. The Clerk noted that it was a resolution. Director Cazort stated then he would make a motion to defer it for two weeks. Mr. Riddick stated he believed that the neighbors had confused the applicant with the applicant's son. He said his client was Mr. Edward Hines, and was approaching ninety years old and doubted he was the one running about the property naked. Mayor Dailey closed the public hearing. Vice Mayor Cazort restated the above motion; Director Adcock seconded the motion, and by unanimous voice vote of the Board members present, the motion carried, and the item was deferred for two weeks. 20. REPORT - Little Rock Board of Directors 21. REPORT - City Manager's Activity Report. CITIZENS COMMUNICATIONS Speaker: Teresa Lockhart, 3101 Marshall Street Topic: Home Reconstruction She stated she had met with staff last week and they were supposed to get in touch with her and that she has heard nothing. She said she had called several times, and no one had called her back and wanted to know the status was on her home repairs. Mayor Dailey asked Mr. Moore for a briefing and to see if there were any issues to be dealt with. Speaker: Dee White, 214 Barton Street Topic: Heritage Festival Asked for a waiver of the fee ($2500) since they were raising money for a city department. She said she was attempting to have a block party to raise money, and discovered a chronic sewage flow down Barton Street. She stated that when walking up her street the other day, a knife wielding homicidal maniac attacked her. She wanted to know why nothing could be done about the sewage and why the neighborhood is not better protected. Speaker: Mollie Irwin, 507 Deerbrook Topic: Traffic Light/ Speeding Cars on Barrow Road Asked the Board again for a traffic signal at Barrow Road because of the speeding, and the difficulty of people living in the neighborhood to get in and out. . Mayor Dailey announced that the Arkansas Municipal League would be having their summer convention at the Peabody Hotel, and urged all Board members to attend. Mr. Carpenter announced that Mr. Chris Berry representing the Faded Rose and Buffalo Grill owner had asked that the Michaels/ Cross -eyed Pig item be delayed for four weeks that he would be out of town at the July 2nd meeting. Director Adcock made a motion to defer the item for four weeks; Director Keck seconded the motion, and by unanimous voice vote of the Board members present, the motion was approved. Director Adcock announced she had received some information for tickets issued for violations the first six months of this year and asked staff to copy and give it to the Board. She said it shows that only 124 tickets have been issued for excessive noise, and 72 of those were in April and May. Vice Mayor Cazort made a motion to adjourn; seconded by Director Keck, and by unanimous voice vote of the Board members present, the meeting adjourned at 10:45 PM. ADJOURN ATTEST: APPROVED: �ancy Wood, City C erk J0 Dailey, Mayor