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10-15-02MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham October 15, 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, Keck, Adcock, Wyrick, Kumpuris, and Vice Mayor Cazort. Director Lichty absent. Director Keck was absent at roll call but enrolled at 6:10 PM. The invocation was given by Director Kumpuris, 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: Mayor Dailey asked the Board to consider the modifications listed: ADDITIONS: M -1. RESOLUTION NO. 11,288 — To amend Little Rock, Ark., Resolution No. 11,370 (9 -3 -02) to technically correct Section 1 of the Resolution; and for other purposes. M -2. RESOLUTION NO. 11,289 — To amend Little Rock, Ark., Resolution 11,367 (9- 3-02) to technically correct Section 1 of the Resolution; and for other purposes. DELETION 2. RESOLUTION — To authorize the City Manager to enter into a contract with Ms. Rose Austin for property located at 1700 Battery Street, as part of the Central High - Targeted Neighborhood Enhancement Plan, in the amount of $6,500. (Deferred until 11- 19 -02) DEFERRAL: 18. ORDINANCE — To prohibit the placing of obstructions including basketball goals and other sports equipment in the public right -of -way; after notice to remove; providing for disposal of equipment abandoned in the public- right -of -way; and for other purposes. (Deferred until 11 -6 -02) A motion was made by Director Adcock; seconded by Director Stewart; to make the modifications to the agenda; Director Wyrick amended the motion to add the Board of Directors Travel Policy Allocations and to vote on transferring travel funds to Director Pugh's travel account. The motion was seconded by Director Pugh; and by unanimous voice vote of the Board members present, the modifications to the agenda were made. PRESENTATIONS: Arkansas School for the Deaf — Silent Sunday. The event date is November 3, 2002. (October 15, 2002) CONSENT AGENDA (1 -6) 1. MOTION - To approve minutes from regular Board of Directors Meetings: June 4, 2002 and June 18, 2002, and Special Meeting: June 25, 2002 2. RESOLUTION NO. To authorize the City Manager to enter into a contract with Ms. Rose Austin for property located at 1700 Battery Street, as part of the Central High Targeted Neighborhood Enhancement Plan, in the amount of $6,500. (Deferred ) Synopsis: Ms. Austin plans to purchase the property located at 1700 Battery Street in the Central High Targeted Neighborhood Enhancement Plan (TNEP) area. The Central Little Rock CDC is constructing a new three bedroom, two -bath structure. The total construction cost is estimated at $78,500. Ms. Austin is requesting $6,500 in TNEP funds to complete the project. Ms. Austin's application has been reviewed and is recommended for funding, pending bank approval. 3. RESOLUTION NO. To authorize the City Manager to accept property from the Little Rock Boys and Girls Club for use as a public park, and for other purposes. Deferred to 11 -6 -02) Synopsis: Little Rock Parks and Recreation is the recipient of an Urban Park and Recreation Recovery (UPARR) Grant in the amount of $543,400. The grant is dependent upon the donation of land (approx. v 13.5 acres) from the Little Rock Boys and Girls Club. The grant will enable Parks and Recreation to construct a new park (joined with Swaggerty Creek Park) that will serve the citizens of the South End neighborhood and neighboring communities. 4. RESOLUTION NO. 11,390 - Opposing the passage of proposed Amendment 3. Synopsis: The resolution states the City's opposition to the proposed Amendment 3. 5. RESOLUTION NO. 11,391 - To authorize the City Manager to enter into a contract with Fleming Electric, Inc. and Little Rock Electrical Contractors to perform all electrical repair needs of the City. Synopsis: To supply electricians to perform overall electrical repairs on an hourly basis when the limited City electrical staff can't respond in a timely manner. 6. RESOLUTION NO. 11,392 - Releasing an easement for public utility and drainage purposes retained in a street right -of -way abandonment in Little Rock, Arkansas Ordinance 18,751; and for other purposes. Synopsis: This action will release a utility and drainage easement that was reserved when the Board recently closed an easement for street right -of -way in LR Ordinance 18,751. M -1. RESOLUTION NO. 11,288 — To amend Little Rock, Ark., Resolution No. 11,370 -- (9-3-02) to technically correct Section 1 of the Resolution; and for other purposes. M -2. RESOLUTION NO. 11,389 — To amend Little Rock, Ark., Resolution 11,367 (9- 3-02) to technically correct Section 1 of the Resolution; and for other purposes. The Consent Agenda, including Items M -1 and M -2, was read. A motion was made by Director Adcock; seconded by Director Keck, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. Grouped Items: Items 7 -13 Mayor Dailey stated since there were no speakers for or against any of the Items that included a public hearing, (Items 14,15,16, & 17) he would open and close the hearings, and items 14, 15 & 16 could be grouped. Item 17 would be held separate for a presentation. 7. ORDINANCE NO. 18,756 - Abandoning the North/South alley connecting 3rd Street and 4th Street between Arch Street and Gaines Street in the City of Little Rock, Arkansas. Synopsis: On August 21, 2001, the Little Rock Board of Directors approved Resolution No. 11,113, granting the U.S. General Services Administration request for alley abandonment subject to any necessary easements. An ordinance is required to close the alley right -of -way and convey the property to the adjoining property owner. 8. ORDINANCE NO. 18,757 - Z- 6323 -D — Approving modification to a Planned Zoning District titled The Villages at Rahling Road (Lot l0A) Revised Long Form PCD located on Rahling Circle in the City of Little Rock, Arkansas, amending Ordinance No. 2 17,542 and the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 11 yes, 0 no) Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow the construction of a 6,960 square foot office building on unrecorded Lot 10A. 9. ORDINANCE NO. 18,758 - Z- 5139 -B — Approving modification to a Planned Zoning District and providing for the establishment of Planned Commercial District titled Harvest Foods Revised Long Form PCD located on the southwest corner of Taylor Loop Road and Cantrell Road in the City of Little Rock, Arkansas, amending Ordinance No. 15,718 and the Official Zoning Map of the City of Little Rock; and for _ other purposes. (Planning Commission: Ryes, 0 no) Staff recommends approval Synopsis: The applicant proposes to revise a previously approved PCD to add selected C -3, General Commercial uses to be considered as alternative uses for the site. 10. ORDINANCE NO. 18,759 - Z- 7256 -A - - Approving a Planned Zoning Development and establishing a Planned Residential District tilted Kincaid's Short Form PD -R located at the northwest corner of Kavanaugh Boulevard and Midland Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas and for other purposes. (Planning Commission: Ryes, 0 no) Staff recommends approval. Synopsis: The applicant proposes to rezone the property, from R -2 to PDR to allow the subdivision of an existing lot into two single-family residential lots and establish building setback line. 11. ORDINANCE NO. 18,760 - Z-6051 -H — Approving modification to a Planned Zoning District and providing for the establishment of Planned Office District titled Centre at Chenal Revised Long Form POD located on the northeast corner of Chenal Parkway at Technology Drive in the City of Little Rock, Arkansas, amending Ordinance No. 17,623 and the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: I1 yes, 0 no.) Staff recommended approval.) Synopsis: The applicant proposes to revise a previously approved POD to add various retail and office uses to the site at an 80% retail use mix. 12. ORDINANCE NO. 18,761 - Z- 5654 -A — Approving modification to a Planned Zoning District and providing for the establishment of Planned Commercial District titled Garden Ridge Revised Long Form PCD located at 11801 Chenal Parkway in the City of Little Rock, Arkansas, amending Ordinance No 16,415 and 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 revise a previously approved PCD to a second building on the site to be used as a restaurant. 13. ORDINANCE NO. 18,762 - Authorizing adjustment of the Fiscal Year 2002 Budget for Changes to the Fleet, General, Special Projects, Street, General Fund — Special Projects and the Grant Funds. Synopsis: Six specific FY02 budget changes need to be made to adjust for known changes in the FY02 budget. 14. PUBLIC HEARING & ORDINANCE NO. 18,763 - To establish the West Cantrell Road Sewer Municipal Improvement District No 149 of Little Rock, Arkansas. Mayor Dailey opened the public hearing. There were no speakers in favor or opposed to the ordinance. Mayor Dailey closed the public hearing. Synopsis: Petitioners, record owners of all real property within the area petition the Board for the formation of named improvement district and to name as Commissioners to the proposed District: S. Barksdale McKay, Carol Ann McKay, and Grant McKay. 15. PUBLIC HEARING & ORDINANCE NO. 18,764 - On a petition to vacate a public utility easement in Block 13 of Newton Addition. Staff recommends approval. Mayor Dailey opened the public hearing. There were no speakers in favor or opposed to the ordinance. Mayor Dailey closed the public hearing. Synopsis: The applicant is requesting that the easements retained when the right -of -way of the east 15 feet of Van Buren Street was closed by Ordinance No. 18,422 also now be abandoned. 16. PUBLIC HEARING & ORDINANCE NO. 18,765 - On a petition to abandon the alley connecting 4th Street and Capitol Avenue between Broadway and Arch Street in Block 117 of the original City of Little Rock, Arkansas. Staff recommends approval. Mayor Dailey opened the public hearing. There were no speakers in favor or opposed to the ordinance. Mayor Dailey closed the public hearing. Synopsis: The United States General Services Administration has submitted a petition to close the alley in Block 117, original City of Little Rock, Arkansas. The United States Government is the owner of all adjoining property. The ordinances were read the first time. The rules were suspended to provide for the second and third readings of the ordinances by two - thirds vote of the Board members present. The ordinances were read the second and third times. By majority voice vote of the Board members present, the ordinances were passed. Mayor Dailey recused on Item 11, voted yes on Items 7 -10, and 12 -16. Directors: Pugh, Hinton, Cazort, Keck, Stewart, Wyrick, Kumpuris, Graves, Adcock voted yes on Items 7 -16. 17. PUBLIC HEARING & ORDINANCE NO. 18,766 - On a petition to abandon a portion of Arch Street between Capitol Avenue and 4th Street in the City of Little Rock, Arkansas. Staff recommends approval. Mayor Dailey opened the public hearing. There were no speakers in favor or opposed to the ordinance. Mayor Dailey closed the public hearing. Mr. Charles Witsell, Witsell Evans and Rasco Architects, showed a power point presentation depicting where the project would be located, the design of the project and the projected look of the building and area upon completion. Mr. Leighton Waters, Regional Director for GSA, was present to answer any questions. The ordinance was 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. The ordinances were read the second and third times; by unanimous voice vote of the Board members present, the ordinance passed. Synopsis: The United States General Services Administration has submitted a petition to close a portion of Arch Street. The United States Government is the owner of all adjoining property. 18. ORDINANCE NO. To prohibit the placing of obstructions including basketball goals and other sports equipment in the public right -of -way; the right -of -way after notice to remove; providing for disposal of equipment abandoned in the public right -of -way; and for other purposes. 1st reading: 10 -1 -02 (Deferred to 10- 15 -02) (Deferred until November 6, 2002). 19. DISCUSSION - 2003 Legislative Agenda (Deferred from 10 -8 -02) Mr. Odies Wilson, Intergovernmental Relations Manager, overviewed the items requested by the Board for the upcoming Legislative Session. Key items included the DROP Plan Extension for Fire and Police Officers, Home Rule Statutes, and Amendment 3. Other issues discussed were open container districts, co- terminus boundaries, and development of housing appeal violation process, differential licensing, extension civil service certification of officer list to two years, an act to allow cities to establish leave and accrual rates for police and fire management non - uniform eligible employees, which are different from those specified by current law, an act to make state tax and pension regulations comply with current Federal regulations, an act to allow city park commissions to increase membership up to fifteen members, a public safety highway issue to enforce seatbelt laws, an act to authorize non - profit corporations with no retail sales to the general public that creates twenty five or more jobs of net permanent new jobs to be eligible to the Arkansas Advantage program, an act to increase current sales taxation limit from $2500 to $5000. 11 20. ORDINANCE NO. 18,767 - To amend Little Rock Arkansas Revised Code 36 -550 to repeal the durational limitation on Political Campaign Signs; to clarify that signs are not permitted in the public right -of -way or on public property without a franchise; to declare an emergency; and for other purposes. (Deferred from 10 -8 -02) Mr. Carpenter, City Attorney, overviewed the changes to the ordinance. There was a brief discussion. The ordinance was 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. . The ordinance was read the second and third time. By unanimous voice vote of the Board members present, the ordinance and emergency clause were - passed. 22. REPORT - City Manager's Activity Report — No report Director Wyrick withdrew her request to vote on Board Travel Policy funding, and asked that it be deferred for 2 weeks. Vice Mayor Cazort, seconded by Director Keck, made the motion to go into Executive Session to discuss the City Manager Search, and to make various Boards and Commission appointments. The Board recessed at 8:10 PM. de. 23. EXECUTIVE SESSION - City Manager Search Mayor Dailey announced the Board did discuss some additional possible candidates to be interviewed for the City Manager's position, but no action was taken, at this time, there 24. RESOLUTION No. 11,393 - To make appointments to various Boards and Commissions. The Board of Director's meeting reconvened at 8:45 PM. Mayor Dailey called the meeting back to order. Mr. Bob Turner, Acting City Manager, announced the recommendations for appointments which were as follows: Americans with Disabilities Act Citizens Grievance Committee: Mr. Adam Chandler and Ms. Susan Plegge, The City Beautiful Commission: Mr. John Beneke — reappointment, and Mr. Tim Heiple, reappointment. Director Adcock made the motion to accept the nominations and make the appointments and re- appointments; Director Keck seconded the motion and by unanimous voice vote of the Board members present the appointments were ma CITIZENS COMMUNICATIONS Speaker: Pat Gee Topic: Scott Hamilton Street Project Speaker: Mollie Irwin Topic Street Light at Henderson Middle School Mayor Dailey asked Director Pugh to address the item added at this meeting to vote on transferring travel money from another board member's account to her account to allow her to attend the National League of Cities Conference. The item was discussed. Vice Mayor Cazort asked for an amendment to the current resolution regarding travel policy, to make it clearer in the future that whatever is mandated or put in the budget for individual travel would be the limit, and each member would not go over that amount. Director Hinton made the motion to allocate additional funds to Director Pugh's travel account with a cap of $4,000. Vice Mayor Cazort seconded the motion. The vote was recorded as follows: Directors: Pugh, Hinton, Cazort, Stewart, Graves, Adcock, Mayor Dailey voted yes. Directors: Keck and Kumpuris voted no. Director Lichty was absent from the meeting. Director Wyrick was absent at the time of vote. The motion passed. Director Keck introduced the following Resolution: RESOLUTION NO. 11,394 — To urge the U.S. Congress to approve Homeland Security Legislation in order to fund first responder programs in the front line of homeland defense. Director Keck made the motion to adopt the resolution; seconded by Director Kumpuris. By unanimous voice vote of the Board members present, the resolution was adopted. (Directors Wyrick and Lichty were absent). Director Keck, seconded by Vice Mayor Cazort, made the motion to adjourn. The meeting was adjourned at 9:10 PM. ATTEST: i Clerk APPROVED: or no