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07-16-02MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham July 16, , 2002 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Daily Presiding. The roll was called by City Clerk Nancy Wood, with the following Directors Present: Directors: Hinton, Pugh, Stewart, Graves, Lichty, Keck, Adcock, Wyrick, Kumpuris, and Vice Mayor Cazort. The invocation was given by Director Pugh, which was followed by the Pledge of Allegiance. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows: A motion was made by Director Adcock to make the modifications to the agenda; adding item M -1 to the consent agenda; M -5 and M -17 to the Grouped Items, and to take Items 15 and 16 out of Grouped items and list as separate items, and make note this would the second reading on items 15 and 16, and Item 23 were deferred for three weeks at the request of the city attorney. Item M -2 was deferred for discussion in three weeks. Item 24 was deferred for three weeks. Director Keck seconded the motion. By a unanimous voice vote of the Board members present, the modifications were made to the agenda. MODIFICATION NO. 1 ADDITIONS M -1. RESOLUTION NO. 11,324 - Expressing the willingness of the City of Little Rock, Arkansas to utilize federal aid monies for the purpose of the Junction Bridge Conversion to Pedestrian Project. M -2. RESOLUTION - To make appointments to Commission for Children Youth and Families. (Item deferred to August 5, 2002. MODIFICATION NO.2 ADDITION M -3. RESOLUTION NO. 11,325 - To authorize the Mayor and City Clerk to enter into an agreement to accept the donation of an interest in the Rock Island Bridge for the Clinton Presidential Park; and for other purposes. MODIFICATION NO. 3 ADDITIONS M -4. EXECUTIVE SESSION - Discussion - City Manager M -5. ORDINANCE NO. 18,715 - Dispensing with the requirement of competitive bidding and authorizing the City Manager to enter into a contract extension with Pulaski County, Arkansas for Alternative School Services; and for other purposes. DEFERRAL 24. RESOLUTION - Awarding a contract to Gene Summers Construction, Incorporated for improvements to 40t" Street. (Deferred to 8- 5 -02). CORRECTION: NOTE: STAFF RECOMMENDATION IS FOR APPROVAL on Item 17. RECOMMENDATION WAS LISTED INCORRECTLY. 17. ORDINANCE To amend the Land Use Plan (16,222) in Otter Creek Planning District (Heinke Road at the county line) from Single Family to Low Density Residential; and for other purposes. (Planning Commission: Syes, 0 no, 2 absent.) Staff recommends denial. CONSENT AGENDA (1 -6) 1. RESOLUTION NO. 11,326 - To authorize local government endorsement of Raytheon Aircraft Company located at 2480 Grundfest Road, Little Rock, Arkansas to participate in the Advantage Arkansas Program; and for other purposes. 2. RESOLUTION NO. 11,327 - To authorize local government endorsement of Balcones Fuel Technology, Inc. located at 4501 Thibault Road, Little Rock, Arkansas, to participation the Advantage Arkansas Program; and for other purposes. 3. RESOLUTION NO. 11,328 - Of the Board of Directors of the City of Little Rock, Arkansas, setting the date of public hearing for August 20, 2002, on an ordinance establishing a schedule of sewer rates for the Little Rock Wastewater Utility and fixing the effective date thereof. 4. RESOLUTION NO. 11,329 - To implement the terms of Ordinance No. 18,714 (July 2, 2002) authorizing the issuance and sale of Capital Improvement Revenue Bonds; (Jr. Lien Bonds) and for other related purposes. 5. RESOLUTION NO. 11,330 - Declaring the intent of the City of Little Rock, Arkansas to make certain expenditures toward Capital Improvements for the City and to reimburse itself for such expenditures from the proceeds of bonds of the City; and prescribing other matters relating thereto. 6. RESOLUTION NO. 11,331- To direct the City Attorney to draft any necessary ordinance amendments or new ordinances to address the various questions related to Planned Unit Developments (PUD'S) in the City of Little rock including but not limited to their expiration process, the number of allowed renewals, the speculative zoning nature of some PUD Applications, and for other purposes. M -1. RESOLUTION NO. 11,324 - Expressing the willingness of the City of Little Rock, Arkansas to utilize federal aid monies for the purpose of the Junction Bridge Conversion to Pedestrian Project. M -3. RESOLUTION NO. 11,325 - To authorize the Mayor and City Clerk to enter into an agreement to accept the donation of an interest in the Rock Island Bridge for the Clinton Presidential Park; and for other purposes. The consent agenda was read, including Items M -1 and M -3. A motion was made by Director Adcock, seconded by Vice Mayor Cazort to adopt the Consent Agenda. By majority voice vote the consent agenda was adopted. Director Wyrick voted no on Items 4 and S and 6. Grouped Items: 7 -14 and Items 17,18,19 7. ORDINANCE NO. 18,716 - - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Improvements for Montange Court. (Planning Commission: Approved on Consent Agenda.) Staff recommends approval. 8. ORDINANCE NO. 18,717 - Z -7235 - Approving a Planned Office District titled Hillvale Addition Short Form POD located at the northeast corner of Stacy Lane and Farris 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: 7 yes, 0 no, 3 absent.) Staff recommends approval. 9. ORDINANCE NO. 18,718 - Z -7233 - Approving a Planned Commercial District titled Storthz Short Form PCD located 219 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: 7 yes, 0 no, 3 absent.) Staff recommends approval. 2 10. ORDINANCE NO. 18,719 - Z- 5770 -B — Approving a Planned Zoning Development and establishing a Planned Office District titled Max Mart Short Form POD located north of Cantrell 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: 7 yes, 0 no, 3 absent.) Staff recommends approval. 11. ORDINANCE NO. 18,720 - S -1330 — Granting a variance 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 lot without public street frontage for Max Mart Addition — Preliminary Plat located north of Cantrell Road approximately 8,700 feet east of Rummel Road. (Planning Commission: 8 yes, 0 no, 2 absent.) Staff recommends approval. 12. ORDINANCE NO. 18,721 - S -1344 - Granting a variance 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 double frontage lots and a variance to allow a deduced minimum lot width for the Montange Court Sub - division — Preliminary Plat located on the northeast corner of South Katillus Road and Forest Lane. (Planning Commission: 7 yes, Ono, 3 absent.) Staff recommends approval. 13. ORDINANCE NO. 18,722 - S -1342 - Granting a variance 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 lot without public street frontage for Brittner Subdivision — Preliminary Plat, located southwest of the intersection of Heatherbrae Circle and Heatherstone Point. (Planning Commission: 7 yes, 0 no, 3 absent.) Staff recommends approval. 14. ORDINANCE NO. 18,723 - S- 1280 -G - Granting a variance from various Lot Development Standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance of minimum front platted building line and a variance to allow double frontage lots for Valley Falls Estates Subdivision — Preliminary Plat, located at the Southwest Corner of South Katillus Road and Forest Lane. (Planning Commission: 7 yes, 0 no, 3 absent.) Staff recommends approval. 17. ORDINANCE 18,724 - To amend the Land Use Plan (16,222) in Otter Creek Planning District (Heinke Road at the county line) from Single Family to Low Density Residential; and for other purposes. (Planning Commission: 8yes, 0 no, 2 absent.) Staff recommends denial. 18. ORDINANCE NO. 18,725 - Z -7074 — approving a Planned Zoning Development and establishing a Planned Residential District titled Cottages in the Pines Long Form PDR located at the Saline County Line, approximately 1000 feet south of Johnson Road, Pulaski County, Arkansas, amending the Official Zoning map of the City of Little Rock; and for other purposes. (Planning Commission: 7 yes, I no, 2 absent.) Staff recommends approval. 19. ORDINANCE NO. 18,726 - Accepting The Rolling Pines Annexation, adding certain lands to the City of Little Rock, Arkansas. (Planning Commission: 10 yes, 0 no.) Staff recommends approval. The grouped items (ordinances) were read the first time. The rules were suspended to provide for the second and third readings of the ordinances by unanimous voice vote of the Board members present. The ordinances were read the second and third times, and by a unanimous voice vote of the Board members present the ordinances were passed. 15. ORDINANCE NO. - Z -6863 — Approving a Planned Zoning Development and establishing a Planned Office District titled 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: 3yes, 6 no, 2 absent.) Staff recommends denial. 16. ORDINANCE NO. - - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Improvements for property located at 1701 Rebsamen Park Road. (Planning Commission: 3yes, 6 no, 2 absent.) Staff recommends denial. Mayor Dailey announced there would be five minutes form each side of the issue to present their case. Mr. Jim Lawson, Planning Driector, updated the Board with recent information The item was read the second time. Mr. Lawson referenced a letter and lease agreement dated July 16, 2002 delivered today from Ms. Michaels attorney, Chris Travis, with copies to the Board members. Mr. Lawson stated the letter asked that his client's PUD be amended to include three items. The first item was to change the hours of operation to I 1 PM. Mr. Lawson stated staff would not recommend the change of hours. Item two was to defer the obligation of the half street improvements and sidewalks until the Master Street Plan is implemented on all of Rebsamen Park Road. Mr. Lawson stated staff is totally against this; that is paramount to a complete waiver. Item three (discussed at the last meeting) in terms of the lease, is that staff is concerned that there would not be adequate parking for the restaurant. Mr. Lawson said Mr. Michaels had stated that his lease would allow an additional twenty -five cars. Mr. Lawson showed a drawing of the leased area and showed there are not twenty -five spaces for that particular area. Mr. Lawson stated that normally when there is a lease agreement for parking, its with a bank, church, etc, a use that does not use the parking continually. He said if you give away the parking, then the building could not be used for anything else. He said it is almost a transfer of development rights. Mr. Lawson stated staff's recommendation is still denial. Mr. Michaels, applicant, and Mr. Travis, attorney for the applicant, asked the board to approve the application as presented. Mr. Ed David, Owner of the Faded Rose, and Ms. Donna McClelland, representing the Rivera Apartments, and Ms. Ruth Bell, League of Women Voters, asked for denial of the application. The ordinances were read the second time. The rules were suspended by two - thirds vote of the Board members present, the ordinances were read the third time. By voice vote of the Board members, recorded as follows: Directors: Pugh, yes, Hinton, no, Lichty, no, Vice Mayor Cazort, no, Keck, no, Stewart, yes, Wyrick, no, Kumpuris, no, Graves, no, Adcock, voted yes on Item 15 and no on Item 16, Mayor Dailey. The vote was 3yes, and 8 no on Item 15; 2 yes and 9 no on Item 16. . Ordinances did not pass. PUBLIC HEARING & RESOLUTION NO. 11,332 - Z- 7015 -A - To rescind the Planning Commission's action in denying a Revised Conditional Use Permit to allow for placement of additional vacuum islands on the C -3 zoned, Clean Tech Ventures, Inc. Car Wash at 9020 Geyer Springs Road. (Planning Commission: 0 yes, 9 no, 2 absent.) Staff recommends approval of the resolution approving the Revised Conditional Use Permit as amended by the applicant subsequent to the Planning Commission's action. Mr. Lawson stated the applicant has submitted a revised site plan, and staff's recommendation was now for approval. Vice Mayor Cazort asked why this did not go back to the Planning Commission since it has been revised. Mr. Lawson stated this was the Board's call. He sad the applicant had moved the vacuum cleaners, which is what staff objected to. Mr. Lawson stated it should have been done at the Planning Commission Meeting and it was not done, but that they have done that now. He said the Board could send it back. Director Lichty stated he felt it should go back, and made the motion to do so; with Vice Mayor Cazort seconded the motion. Director Wyrick stated this was a very minor item to relocate the vacuum cleaners from one place to another. She said the applicants were here tonight that are presenting the item, and didn't see the need to send it back to the Planning Commission for that one item Director Lichty stated that is true but the applicant had the option of doing that at the Planning Commission and they chose not to. Mr. Lawson stated what was before the Board, is what the Planning Commission tried to direct the applicant to do, but the bottom line, is that this is not the exact plan the Planning Commission voted on, but it is a minor issue. Mayor Dailey asked that the motion be pulled down, and open the public hearing, and then make the decision. Director Lichty withdrew the motion. (The actions and comments recorded took place at an earlier time during the meeting.) . Mayor Dailey Declared the public hearing open. Mayor Dailey recognized Mr. Troy Laha, representing several neighborhood associations, spoke in support of the revised plan. Ms. Janet Berry stated she also supported the revised plan, saying it was one of the better new businesses in their area. Director Adcock stated she agreed with Director Wyrick and had talked to the neighbors, and the developer has done a good job. He is keeping it clean, and keeping the noise down, and has done everything the neighborhood has requested and would like to see it move forward. Mayor Dailey declared the public hearing closed. Vice Mayor Cazort stated since this was a fairly minor change, he did not have a problem voting for this, but as a matter of policy, it needed to be decided at what point, or level of change that the Planning Commission has denied, how much change is required before an item is sent back to the Planning Commission. He stated he believed some standards needed to be set. Director Wyrick made a motion to adopt the resolution; Director Adcock seconded the motion. Director Lichty asked the applicant to come forward and explain why this action was not taken during the Planning Commission meeting. Mr. Paul Stagg, the applicant, stated that staff told him they would like to see the vacuums moved, and he thought he had some logical reasons why they would be okay where they were located, and thought the issue could be addressed with some landscaping. He said he was not aware of the opposition in the neighborhood, and thought he had an opportunity to address the situation in a different way. Director Lichty asked Mr. Stagg is he were given the opportunity during the Planning Commission hearing to revise the plan at that time. Mr. Stagg said he was not. Mr. Lawson, Planning Director said it is difficult for an applicant to appear before the Planning Commissioner, and for them to get a feel for what is going on. Mr. Lawson said it was clear to staff, but the applicant may have been confused. Director Lichty offered an amended motion to vote on whether or not the item should go back to the Planning Commission for review; Director Keck seconded the motion. Vice mayor Cazort said he would vote for the item, but it is a policy issue, and 2 the board needs to be more definitive on these issues. Directors Keck, Lichty and Stewart voted to send the item back to the Planning Commission; those who voted in opposition were Directors, Hinton, Pugh, Wyrick, Kumpuris, Graves, Adcock, Mayor Dailey. Vice Mayor Cazort voted present. There was a motion to adopt the resolution; the vote was recorded as follows: Directors Stewart and Keck voted no. Directors Pugh, Hinton, Lichty, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Cazort and Mayor Dailey voted in favor. The resolution was adopted. 21. PUBLIC HEARING & RESOLUTION NO. 11,333 - Z- 4650 -B -To rescind the Planning Commission's action in denying a Conditional Use Permit to allow for construction of a parking lot and education addition for Parkway Place Baptist Church on the R -2 zoned property located at 300 Parkway Place Drive. (Planning Commission: 4 yes, 3 no, 4 absent.) Staff recommends approval of the Conditional Use Permit.) Mayor Dailey declared the public hearing open. Director Keck stated the neighborhood association voted in favor of supporting this application and there was no opposition, He said the church was a good neighbor and needed the expansion due to the fact that they were an active part of this neighborhood and community, and encouraged a vote to approve the Conditional Use Permit. There was no other discussion. Mayor Dailey closed the public hearing. A motion was made by Director Keck to rescind the Planning Commission's action and approve the Conditional Use Permit; seconded by Vice Mayor Cazort. By unanimous voice vote of the Board members present; the resolution was adopted. 22. ORDINANCE NO. 18,727 - To authorize an adjustment of the Fiscal Year 2002 Budget for changes to Waste Disposal Operations and other budget adjustment. The ordinance was read the first time; rules were suspended by two thirds of the Board members present, to suspend the rules and provide for the second and third readings of the ordinance. Director Wyrick voted no on suspending the rules. The ordinance was read the second and third times, and by a majority voice vote of the board members present, the ordinance did pass. The vote was 9 yes, 2 no. Director Wyrick and Director Keck voted against the passage of the ordinance. 23. RESOLUTION To authorize the Mayor to sign a collection service agreement with Collection Service, Inc. of Little Rock, Arkansas. (Deferred.) 24.RESOLTUION - Awarding a contract to Gene Summers Construction, Incorporated for improvements to 40th Street. (Deferred to August 5, 2002) 25. RESOLUTION NO. 11,334 -Authorizing the City Manager to enter into a contract with LDV, Inc. for the purchase of one (1) mobile communications van in the amount of $149,421.00. Director Adcock asked where the funds would be coming form. Mr. Moore, Acting City Manager sated the funds would come from the local Law Enforcement Block Grant program. Vice Mayor Cazort made the motion to adopt the resolution; Director Adcock seconded the motion, and by unanimous voice vote of the Board members present, the resolution was adopted. 26. RESOLUTION NO. 11,335 — To set an August 22, 2002 hearing before the Little Rock Planning Commission to consider the proposed extension of the City's Extraterritorial Planning Jurisdiction; and for other purposes. Director Keck moved to adopt the resolution; Director Adcock seconded the motion, and by unanimous voice vote of the Board members present, the resolution was adopted. 27. REPORT - City of Little Rock Board of Directors — Director Keck asked for time to present a Homeland Security update at the second meeting in August. Director Hinton asked for an update on CDBG funds. 28. REPORT - City Manager's Activity Report CITIZENS COMMUNICATIONS Speaker: Mr. Charles Bowers Topic: Tax issues coming up for vote in November. Mr. Bowers stated he was concerned about the ability of the elected officials to fairly disburse tax monies to specific issues. Speaker: Ms. Mollie Irwin, 507 Deerbrook Road Topic: Good News on Traffic Signal Ms. Irwin announced that their association had received a $25.00 check as a donation toward the traffic light at Henderson Middle School and Barrow Road, bringing the total F1 to $31.00. She stated school would be starting up again in about a month, and was concerned for the safety of the children. Speaker: Dee White, 214 Barton Topic: Supporting Citizen Initiatives Ms. White stated she had her 50 signatures to run for Mayor. Ms. White stated this is an election year and the children are hurting, that gangs are marauding thought Hillcrest as recently as the night before. A young man had been injured while standing in front of his house. She said violence is increasing and she did no see any leadership from the city for preventing these things from happening. Vice Mayor Cazort made a motion to go into executive session on the Children Youth and Families Commission, to discuss a requirement in the ordinances that would indicate if someone is a agency that would be seeking funding as part of the dollars that are available to Children Youth and Families, if seeking an At large position, they would no longer be able to qualify for, or ask for monies out of this fund, and to develop an additional recruitment tool for applicants. The second part of the executive session is to deal with the resignation of Mr. Cy Carney, City Manager. Mayor Dailey read Mr. Carney's letter of resignation into the record, as follows: Dear Mr. Mayor and Board Members: Thank you for providing the wonderful professional opportunity for me to serve as an employee in the Little Rock City government organization. I have greatly enjoyed my seven and one half years of work as Assistant City Manager and City Manager. Your encouragement and support during this time have been very much appreciated. Because it is necessary to provide additional care for two family members in the Phoenix area I must submit my resignation as City Manager effective August 30, 2002. Peggy and I will be moving to Arizona before the end of the year. During the next seven weeks, I will be in Little Rock for a portion of the time and will be in Arizona for the remainder of the days. Thank you for your friendship, for the opportunity to serve Little Rock citizens and for the privilege of being an employee of the outstanding Little Rock City government organization. Mayor Dailey asked for a motion accepting the resignation, as outlined. Director Adcock made the motion; seconded by Director Pugh. By unanimous voice vote the resignation was accepted. The Meeting recessed at 7:30 PM and reconvened at 8:30 PM. Mayor Dailey announced that Mr. Bruce Moore would be appointed the position of Interim City Manage with a salary of $95,000 during that period of time. Director Keck made a motion to approve; Vice Mayor Cazort seconded the motion, and by unanimous voice vote of the Bard members present, Mr. Moore was appointed as Interim City Manager upon Mr. Carney's departure on August 30, 2002. Director Kumpuris suggested that in two weeks Mr. Don Flegal, Human Resource Director, come before the board and make a presentation on criteria, etc. for starting the process to look for a new City Manager. Director Adcock seconded the motion. Mr. Carpenter advised that the process for hiring could not be discussed in Executive Session. Vice Mayor Cazort seconded the motion; by unanimous voice vote the motion was adopted. Vice Mayor Cazort seconded the motion; by unanimous voice vote of the Board members present, the meeting was recessed at 9:00 PM. ATTEST: C4 Cler APPROVED: Myr