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01-21-03Minutes: January 21, 2003 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham January 21, 2003 •11'LVA 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, Stewart, Graves, Hurst, Keck, Wyrick, Kumpuris, Cazort. Director Pugh was absent. The invocation was given by Director Cazort, 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: MODIFICATION DEFERRALS 22. DISCUSSION - Legislative Item: Sales Tax Cap (Deferred to January 28, 2003) 12. ORDINANCE - Z -7301 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Auto Zone Auto Parts Short Form PCD located on the southeast corner of Roosevelt Road and Commerce 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: 9 yes, 0 no, 2 absent) Staff recommends approval Synopsis: The applicant proposes to rezone the site from various commercial zones to PCD to allow for the development of a 5402 square foot building to house an Auto Zone Auto Parts Store and allow C -3 uses as alternative uses for the site. (Defer to February 4, 2003 at applicant's request.) 15. PUBLIC HEARING & ORDINANCE - On the petition to vacate and close the 20- foot alley between E. Roosevelt Road and E. 26th Street in Lots 5,6,7,8, Block 3 Pettifer's Addition to the City of Little Rock, Arkansas. (Defer to February 4, 2003 at applicant's request 20. ORDINANCE - To authorize the removal of illegal objects in City right -of -ways. (Deferred from 11- 19 -02). (Deferred to February 4, 2003). Director Cazort made the motion to defer the items 12 -15, and 20 to February 4, 2003 and Item 22 to January 28, 2003 (reconvened Meeting).. Director Adcock seconded the motion; by unanimous voice vote of the Board members present, the modifications were made. Mayor Dailey announced that Item 14, which was a public hearing and ordinance to establish a multi - purpose improvement district, had only one person to speak on the item, Mr. Bill Spivey, representing the district. Mayor Dailey stated if there were no objections from Board members, or anyone in the audience, that he would open and close the public hearing, and add this to the list of grouped items. There were no objections. PRESENTATIONS: The Arts and Culture Commission — Scott Carter. A presentation of Art was presented to the City by Mr. Jason Gamil. Minutes: January 21, 2003 The City Beautiful Commission — Mr. Nash Abrams presented an award to Ms. Dottie Funk for her years of service on the City Beautiful Commission. Mayor Dailey recognized Boy Scout Troops 224 and 271. CONSENT AGENDA (1 -7) L MOTION - To approve Minutes of Special Board of Directors Meetings: 12 -2 -02 and Reconvened Meeting: 12- 11 -02. 2. RESOLUTION NO. 11,429 - Supporting the submittal of a project to Metroplan for the design and construction of an Intelligent Transportation System (ITS) for University Avenue. Synopsis: To support Little Rock's submittal of a project on the Regional Arterial Network to install an ITS Project on University Avenue and connecting arterial. 3. RESOLUTION NO. 11,430 - To authorize local government endorsement of Electronic Data Systems located at 500 President Clinton Avenue, Little Rock, Arkansas to participate in the Advantage Arkansas Program; and for other purposes. 4. RESOLUTION NO. 11,431 - Setting the date of public hearing for February 4, 2003 on the petition to abandon a portion of Wingate Drive at the intersection with Markham Street in the Wingate Subdivision Addition to the City of Little Rock, Arkansas. (The Planning Commission voted to take no action at the 12 -19 -02 Meeting.) Synopsis: Applicants request abandonment of approximately 25 feet of the southern most portion of Wingate Drive abutting Markham Street west of Mississippi. 5. RESOLUTION NO. 11,432 - To approve a purchase from F & F Supply Company, Inc. for the purchase of Fire Department Terrorism Response Equipment with Weapons of Mass Destruction Grant Funds; and for other purposes. 6. RESOLUTION NO. 11,433 - To authorize contracts with various vendors for purchase of mineral aggregate materials for the Public Works Operations Street Department. 7. RESOLUTION NO. 11,434 - To authorize contracts with various vendors for the purchase of asphalt material for the Public Works Operations Street Division of the Public Works Department. End of Consent Agenda The Consent agenda was read. Director Adcock, seconded by Director Cazort, made the motion to adopt the Consent Agenda. By unanimous voice vote of the Board members present the Consent Agenda was adopted. Mayor Daily asked the Board to consider interviews after the Consent Agenda was acted upon. There were no objections from the Board members. 21. INTERVIEWS - Commission on Children Youth and Families: Synopsis: Interviews on January 21, 2003: Norith Ellison, Mary Paal, Max Snowden, Johnjaline C. Culley. Interviews on January 28, 2003: Wilma Tatum, Carolyn Renee Hobbs, Reverend Dr. William H. Robinson, Chara Stewart, Dr. Leanne Whiteside- Mansell. Ms. Baskette withdrew her application. Interviews were conducted with the other scheduled candidates. 13. PUBLIC HEARING & ORDINANCE - Z -7295 - To rescind the Little Rock Planning Commission's action in denying a Conditional Use Permit to allow a Montessori School on the R -2 zoned property located on the south side of the 16,600 Block of Forest Lane. (Planning Commission: 5 yes, 5 no, 1 absent). Staff recommends approval. Synopsis: The applicant is requesting that the Board rescind the Planning Commission's action in denying a Conditional Use Permit to allow a Montessori School on R -2 zoned property located on the south side of the 16,600 Block of Forest Lane. 2 Minutes: January 21, 2003 Mr. Bruce Moore, City Manager, announced there had been additional movement on this issue and asked Mr. Jim Lawson, Director of Planning and Development to address the issue. Mr. Lawson asked the Board of Directors to open the public hearing and close the public hearing, and hold the appeal in abeyance. He stated staff had been working with the applicant the last few weeks to work the access, and a lot has been done. He stated that between the Planning Commission and the Board meeting, they have modified the plan a little, and staff is almost at the point of believing the item should go back to the Planning Commission for review. He stated that an appeal is either rejected or it is approved. He stated it would be re- advertised, notices sent. Mayor Dailey asked that if this goes back to the Planning Commission, all those who filled out a card to speak tonight be notified. Mr. Lawson stated they would. He also asked if the attorneys to all parties were in agreement to this action. Mr. Lawson stated ha had visited with all three attorneys that were involved in the case and they feel comfortable with it going back to the Planning Commission. Director Kumpuris made the motion to send the item back to the Planning Commission. Director Wyrick seconded the motion. Mr. Carpenter, City Attorney, clarified what action the Board needed to take, saying that there is an appeal before the Board, and the reason to ask for the appeal to be held in abeyance is that they have to go back and make modifications to the application. The Board action is to vote for or against the appeal and if the Board voted to deny the appeal, and then it goes back to the Planning Commission that way, then the Planning Commission may be given the wrong signal. He stated that to table the appeal for three months, and direct this to go back to the Planning Commission would be in order. Director Kumpuris stated that was his intent, Director Wyrick agreed that was her intent in seconding the motion. By unanimous voice vote the item was tabled, to come back before the Board, after it is heard again by the Planning Commission. GROUPED ITEMS (8 -12) 8. ORDINANCE 18,804 - Z -7328 - Approving a Planned Zoning Development and establishing a Planned Residential District titled Embrasuen LLC Short Form PDR located on the northwest corner of Woodlawn Street and North Taylor 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, 0 no, 3 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -3 to PDR and create a plat as a component of the rezoning to establish reduced setback for the site. The applicant proposes the existing single-family house located adjacent to North Taylor Street remain and construct a new single-family house to be accessed from Woodlawn Street. 9. ORDINANCE NO. 18,805 - Z -7327 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Shear Madness Short Form PCD located at 1911 West 2nd 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, 0 no, 3 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -3 to PCD. 10. ORDINANCE NO. 18,806 — Z -7325 — Approving a Planned Zoning Development and establishing a Planned Office District titled Lot 1 Section "A" Wildwood Subdivision Short Form POD located on the southeast corner of Cantrell Road and South Katillus 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: 8 yes, 0 no, 3 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2 and POD to allow the site to develop with general and professional office uses. 11. ORDINANCE NO. 18,807 - Z- 6232 -E - Approving modification to a Planned Zoning District and providing for the establishment of Planned Office District titled Villages at Rattling Road (Lot 10B) revised Long -Form PCD located on Rahling Circle 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, 0 no, 3 absent) Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow the construction of a 3895 square foot office building on unrecorded Lot IOB. 14. PUBLIC HEARING & ORDINANCE NO. 18,808 - To establish the Chenal Valley Municipal Property Owners Multipurpose Improvement District No. 14 of 3 Minutes: January 21, 2003 the City of Little Rock, Arkansas. Mayor Dailey opened the public hearing. There was none present in opposition to the item. Mr. Bill Spivey, representing the improvement district was present for questions. The public hearing was closed. The item was then added to the list of grouped items. The grouped items consisted of Items 8 -11 and Item 14. 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 unanimous voice vote of the Board members present, being two - thirds in number, the ordinances were passed. 12. ORDINANCE Z -7301— Approving a Planned Zoning Development and establishing a Planned Commercial District titled Auto Zone Auto Parts Short Form PCD located on the southeast corner of Roosevelt Road and Commerce 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: 9 yes, 0 no, 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from various commercial zones to PCD to allow for the development of a 5402 square foot building to house an Auto Zone Auto Parts Store and allow C -3 uses as alternative uses for the site. (Item Deferred to February 4, 2003 at applicant's request). 15. PUBLIC HEARING & ORDINANCE - On the petition to vacate and close the 20- foot alley between E. Roosevelt Road and E. 26th Street in Lots 5,6,7,8, Block 3 Pettifer's Addition to the City of Little Rock, Arkansas. (Item deferred to February 4, 2003 at applicant's request). 16. ORDINANCE NO. 18,809 - Z -7326 — Approving a Planned Zoning Development and establishing a Planned Office District titled Lieblong Short Form PDO located at 12900 Crystal Valley 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: 8 yes, 0 no, 3 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2 to PDO to allow the site to develop as a single doctor /dental office. The ordinance was read the first time. There were no questions from the Board members and no cards presented to speak regarding this item. Director Adcock moved to suspend the rules and place the item on second reading; Director Keck seconded the motion, the ordinance was read the second time. Director Adcock made the motion to place the item on third and final reading. Director Cazort seconded the motion, and by unanimous voice vote of the Board members present, the ordinance was passed. 17. ORDINANCE NO. Z- 7281 -A - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Threadgill Short Form PDR located at 12800 Arthur Lane in the City of Little Rock, Arkansas amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: S yes, 3 no, 3 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2, Single-family District to PDR to allow the construction of a six Alex townhouse residential development. Mr. Jim Lawson, Director of Planning and Development, gave a brief history of the item. Mr. Lawson said the Planning Commission was opposed to the original request of an eight -plex, and with the guidance of the Planning Commission, staff went back to work with the applicant on something of a lesser density, and are in support of the application of a six -plex. He stated it was denied by the Planning Commission with a vote of 5 yes, 3 no, 3 absent, and it takes six votes for anything to be approved. He stated staff understands the issues in the neighborhood, but felt comfortable with the six -plex. There was a brief discussion. Mr. Richard Threadgill spoke in favor of the item. Ms. Shirley McFarlin, Ms. Ruth Bell, and Ms. Mary Douglas spoke in opposition, citing the density was still to much for the single family single story homes in the area, having another failed project in the neighborhood, the possibility of this property turning into rental property, and there being enough rental property in that area, the domino effect of re- zoning this property, and lack of green space in the development. Mr. Threadgill as well as those speaking in opposition mentioned that they were not pleased with the attendance of Commissioners of the Planning Commission, as it made them have to come Minutes: January 21, 2003 to the meeting several times in order for their item to be heard. The ordinance was read the first time. Director Adcock, seconded by Director Cazort made the motion to suspend the rules and place the item on second reading. The ordinance was read the second time. Director Adcock made a motion, seconded by Director Cazort to suspend the rules and place the ordnance on the third and final reading. By unanimous voice vote of the board members present, being two - thirds in number, suspended the rules to provide for the third and final reading of the ordinance. The ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors: Hurst, Cazort, Keck, Stewart, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton, Mayor Dailey voted no. Director Pugh was absent. The ordinance failed. Director Keck made the motion, seconded by Director Adcock, to go into executive session to consider appointments to various Boards and Commissions. The meeting recessed at 7:40 PM. The meeting was reconvened at 8:00 PM. Mr. Bruce Moore, City Manager announced the recommendations for appointment as follows: Sister Cities Commission: Re- appointment of Sherman Banks, appointments: Kim Evans, Joe O'Brien, Emma Jean Ohnemus. Arkansas Arts Center Board of Trustees: Appointment of Curt Bradbury, Margaret Willock; Museum of Discovery Board of Trustees: Appointment, James Christopher Rule Director Cazort, seconded by Director Adcock made the motion to approve the appointments; by unanimous voice vote of the Board members present, the appointments were made. 25. RESOLUTION NO. 11,435 - Appointments to various Boards and Commissions. Synopsis: Appointments are to be made for the Sister Cities Commission, 4 positions, Museum of Discovery Board of Trustees, 1 Position, and the Arkansas Arts Center Board of Trustees, 2 positions. 18. ORDINANCE NO. 18,810 - Z- 4644 -B — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Yelenich Long Form PCD located in the 2000 Block of South University Avenue on the west side 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, 3 no, 2 absent). Staff recommends denial. Synopsis: The applicant proposes to rezone the site from R -2, Single family District to PCD to allow the construction of a mini - warehouse development and a strip retail center. The ordinance was read the first time. Mr. Jim Lawson, Director of planning and Development made a brief presentation, stating that staff recommends denial, as they felt it was too intense of a design for the area. The speakers in favor of the project were: Mr. Yelenich, the applicant, Maury Mitchell, 1501 N. University. Arthur Connerly, 12723 Hunter Hill Road, Troy Laha, 7 Althea Circle, Judy Walding, 10 Point of Woods. Those in opposition were: Anne Wasson, 66 Lakeshore Drive, Timothy Smith, 2611 S. Jackson, Robert Hooks, 2611 S. Jackson, Janelle Romandia, 2719 Harrison, Beatrice Price, 4312 W. 20th. There was a forty- minute discussion related to the type of buffer that would be used, the traffic flow, the security, lighting, crime data, noise factors, and hours of use. The ordinance was read the first time. Director Cazort, seconded by Director Keck made the motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the board members present, being two thirds in number, the rules were suspended to provide for the second reading of the ordinance. The ordinance was read the second time. Director Keck, seconded by Director Cazort made the motion to suspend the rules and provide of the third reading of the ordinance. By unanimous voice vote of the Board members present, being two thirds in number, the rules were suspended and the ordinance was read the third and final time. A roll call vote was taken and recorded as follows: Directors: Hurst, Cazort, Keck, Stewart, Wyrick, Kumpuris, Graves, Vice Mayor Hinton, Mayor Dailey, voted yes. Director Adcock voted no. Director Pugh was absent. The ordinance passed. 19. ORDINANCE - To establish guidelines for the Board of Directors to follow before it endorses a foundation established to support the City, its departments, boards, commissions or projects; and for other purposes. Director Adcock asked for a short report on the item. The ordinance was read the first time. Director Keck made a motion to suspend the rules to provide for the second reading of the ordinance; Director Cazort seconded the motion. The ordinance was read the second time. There was some discussion on how this ordinance fit with non - profits who are presently in existence. Mr. 5 Minutes: January 21, 2003 Scott Carter, Cultural Affairs Administrator, reported there are four groups that he was aware of that are in existence or looking at being in existence. They support, the Zoo, the Sister Cities Commission, the Military Museum and the Parks Department. He said he sent the ordinance to these groups and there were a couple of questions regarding the legality of being able to transfer funds from the foundation to the city, and several of those groups are already in existence and as the ordinance is written it addresses future groups, and how would those in existence work with the city. Mr. Carter stated those in existence would be in compliance with the ordinance. Director Hurst asked for further explanation on the legality of funds raised going directly to the city. Mr. Carter stated the way the ordinance is written states that those funds shall be transferred to the department commission board, department or program. Director Cazort further explained that the funds would be transferred to a trust account. Mayor Dailey stated he had received a call from Mr. Leon Matthews, regarding Sister Cities, and whether or not their commission would be grandfathered in or if this ordinance would apply to their structure. Mr. Tom Carpenter, City Attorney, stated he thought it was the intention, if the foundation was going to go out and state they were raising money for the City of Little Rock, they would need to come into compliance with these provisions, but they are basically doing that anyway. Director Hurst stated she was supportive of public /private partnerships to assist with raising funds for the City, but felt the City needs to appear more cooperative. She said when she read this document, it seems that the City is being very restrictive, and possibly there could be some tweaking of the language that could happen. One of her concerns was that this document requires approval from the Board of Directors first, but cannot endorse the foundation unless it has received written verification of their 501 C3. She stated having recently gone through this; it is a difficult and expensive process. She stated she would like to see something to the effect if a 5010 is secured, the Board of Directors would be supportive. Mr. Carpenter stated that the concept is for a tax - exempt status; none of the foundations the City has dealt with would give monies to a non -tax exempt status. He stated the idea is if before a foundation is created with the City's imprimatur on it, under the idea that it would be tax exempt, it would already have that in place before the city would give that imprimatur, and felt that was the safer way to go. Director Hurst stated that perhaps it could be implied somewhere in this document that the organizations needs to meet with the City and in some way get some form of approval before they go through the process of applying for a 501 C3, which is difficult and v expensive, and would hate to send well intentioned people out after a 501 C3, only to come to the Board to get rejected. Mr. Carpenter stated if they want to raise money for the City then it seemed to him they should already be in that position where they could raise tax exempt money before they ask the Board if they can raise money for the City. Director Hurst stated one thought she had was that the organization wishing to raise money for the City would have an Article of Incorporation, by -laws, well before they apply for a 5010, that would have to be submitted, and possibly the Board could approve and come on board at that juncture before the 501C3 is actually applied for. She stated that once all that is applied for, the 501 C3 is a stamp of approval. Mr. Carpenter stated he thought the answer was yes, but cautioned that anything that can get messed up in life "just does ", and if monies are raised before they have that status and those monies are taxable. Director Hurst stated that monies are not raised until they have the 501 C3. Mr. Carpenter stated no, that the monies were not tax - exempt until they have the 5010. He said what happens is the City of Little Rock says this is okay, and two of the three things are in place, and the check is written, and then you find out they really didn't have the 5 01 C3 status, and now there is a problem, and thought from the Boards standpoint, A, B and C should be in place before it is given the City's imprimatur. Director Cazort stated he felt this was the ideal time to go forward as there would be other entities, either City Departments or museums, or other things under the auspices of the city who are going to seek fundraising efforts from a non - profit organization, and rather than trying to deal with them on case by case basis to determine or make sure they are intending to raise —®- money in good faith and turn it over to the projects for which they are raising it, was a chance at the beginning to lay down the ground rules, not only for the Zoo, but for everyone else, so that the city will not have these problems. He stated if this ordinance was not adopted, he felt the Zoo could still go forward and create a fund - raising foundation, and try to create one that in it's bylaws, requirements to turn over funds as they are raised, but felt this was a better approach. Mayor Dailey stated he also felt the language did not appear user friendly to people who wanted to raise money for the city, but was supportive of the principle behind it. Director Keck asked, since the meeting was Minutes: January 21, 2003 being recessed tonight, if Director Hurst and Mr. Carpenter could negotiate friendlier language to address the issues that had been pointed out. Director Cazort stated if it was the will of the Board to wait a week, the Zoo would wait a week in proceeding with the process of creating their own foundation. Director Cazort stated he was comfortable with the language. There was no action taken by the Board. Director Cazort stated he would be willing to defer the time for one week provided it is voted up or down so the Zoo could move forward. Mayor Dailey asked Director Cazort, Hurst, and Mr. Carpenter to work on the language one week, and if they would follow up with Mr. Matthews. The item was held on second reading. 20. ORDINANCE - To authorize the removal of illegal objects in City right -of -ways. (Deferred from 11- 19 -02.) 22. DISCUSSION - Legislative Items: A) Sales Tax Cap (Deferred to January 28, 2003) 23. REPORT - City of Little Rock Board of Directors. No report. 24. REPORT - City Manager's Activity Report. Mr. Moore reminded the Board that the 2003 PIT Contracts would need to be listed on the reconvened meeting agenda. Mr. Moore updated the Board on the revision of the 2003 CATA Budget for the extension of Sunday route service until June 30, 2003 at a cost of an additional $60,000 to the City of Little Rock, if the Board approves. He sated the funds would come from the Reserve Contingency Fund. The June time frame will allow the City to complete an overview of the public transit system as outlined in the Mayor's State of the City Address. Mr. Moore advised the resolution to amend the 2003 budget would be coming to the Board at either the reconvened meeting of January 28, 2003 or the regular meeting on February 4, 2003. Director Graves advised she would not be present for the reconvened meeting. It was decided by the Board to hear the item on February 4, 2003. 26. RESOLUTION NO. 11,436 - To appoint Mille Ward and Shannon Light to the Rivermarket Design Review Committee. CITIZENS COMMUNICATIONS Speaker: Mr. Antoine Jennings Topic: Rental Property Landlords; and code enforcement. Speaker: Austin Porter, Jr. Topic: Boyle Park Street Closing (24th Street to Leander Street). Director Keck made the motion to recess; Director Cazort seconded the motion; by unanimous voice vote by the Board members present, the meeting recessed at 10:15 P.M. ATTEST: i` C TY Cytkk APPROVED: MAYOR 7