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02-18-03MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham February 18, 2003 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Vice Mayor Hinton Presiding. City Clerk, Nancy Wood, with the following Directors Present, called the roll: Pugh, Stewart, Adcock, Graves, Hurst, Wyrick, Kumpuris, Cazort. Mayor Dailey and Director Keck were absent. The invocation was given by Director Stewart, which was followed by the Pledge of Allegiance. With a quorum present, Vice Mayor Hinton declared the Board of Directors in session and the proceedings of the meeting are recorded as follows: Vice Mayor Hinton asked the Board to consider the modifications listed: M -1. RESOLUTION NO. 11,459 - To authorize the City Manager to enter into a contract to provide Adolescent Substance Abuse Prevention and Intervention Enhancement Services; and for other purposes. Synopsis: Award a contract to Arkansas Children's Hospital- Insure the Children to provide wrap around services to complement adolescent substance abuse treatment services by providing prevention, intervention, and outreach to adolescents 14- 18 years of age in the Little Rock School District. Director Cazort asked the Board to add a presentation to the agenda, and to have this presentation first as it would be very brief. Director Adcock asked for Item 20 to be moved to come after Item 16. Director Adcock made a motion; seconded by Director Cazort to make the listed modifications to the agenda. By unanimous vice vote of the Board members present, the modifications were made. Director Cazort introduced Mr. Mike Blakely, Zoo Director. Mr. Blakely stated he had received a call from a Mr. McConnell, who had told him his young daughter wanted to raise money for the Little Rock Zoo. Her brother had a curb scout event, and she came up with the idea of painting rocks and selling them. He asked if she could come down and turn the money over to the Zoo. Mr. Blakely introduced Miss Faye Connell, and presented her with a certificate from the Zoo. He stated the certificate states that the Little Rock Zoo is recognizing Ms. McConnell as an Official fundraiser. She stated she raised twenty -one dollars and twenty -eight cents. Mr. Blakely also recognized Shauna Green, the actual fundraiser /Marketing Representative who came on board last November. PRESENTATIONS: Little Rock Code of Ordinances On Line - Ward Hanna Central Arkansas Water Update — Jim Harvey Museum of Discovery — John Park CONSENT AGENDA (1 -10) 1. MOTION - Case NO. 576 — To set the date of public hearing for March 4, 2003 on the appeal of the City Beautiful Commission's decision to deny Twin City Bank's request to reduce the width of a proposed landscape strip along the south side of Interstate 30. Synopsis: The applicant is requesting that the Board rescind the City Beautiful Commission's action in denying Twin City Bank's request to reduce the width of a proposed landscape strip along the south side of Interstate 30. 2. RESOLUTION NO. 11,460 - To approve the expenditure of $262,356 for the purchase of a high -speed multi purpose copier for the Print Shop. Synopsis: The current copier in the Print Shop is out of production and maintenance costs are excessive. The proposed replacement copier will allow Print Shop staff to be more efficient, handle more print jobs and provide better service to City departments. 3. RESOLUTION NO. 11,461 - Clarifying appointments to the Sister Cities Commission; and for other purposes. Synopsis: There are issues regarding the terms ofservice of two Sister Cities Commission members. one member's term needs to be shortened by one year — because term. that individual was given an extra year. The other member was never formally reappointed to a second 4. RESOLUTION NO. 11,462 - To set the date of public hearing for March 18, 2003, concerning the establishment of the Midtown Redevelopment District; and directing the �- City Clerk to publish notice of the Public hearing; and for other purposes. 5. RESOLUTION NO. 11,463 - Authorizing the Mayor and City Clerk to execute a deed and for the City Manager to execute closing documents for the conveyance of the Mosaic Templars Building and grounds from the City of Little Rock to the Department of Arkansas Heritage; and for other purposes. 6. RESOLUTION NO. 11,464 - To authorize contracts with various vendors for the purchase of replacement vehicles for various City of Little Rock departments. Synopsis: Items to be purchased from the 2003 State Contract 7. RESOLUTION NO. 11,465 - To authorize the City Manager to enter into a contract with Fleet Safety Equipment for the purchase of emergency warning devices and equipment. Synopsis: The formal bidding process was utilized to obtain four (4) competitive bids. Bid award was made to the lowest responsible bidder meeting minimum requirements. 8. RESOLUTION NO. 11,466 - Authorizing the Mayor and City Clerk to execute a deed and for the City Manager to execute closing documents for the sale of the YMCA Building to BMS, Inc; and for other purposes. _. 9. RESOLUTION NO. 11,467 - To appoint Friday, Eldredge & Clark as bond counsel for the proposed 2003 Capital Equipment Short Term Financing Project and for other purposes. 10. RESOLUTION NO. 11,468 - To authorize the City Manager to enter into a contract to provide Adolescent Outpatient Substance Abuse Treatment Services; and for other purposes. Synopsis: Award a contract to Arkansas Children's Hospital- Insure the Children to provide adolescent outpatient substance abuse treatment services to Little Rock youth, andyouth attending Little Rock Schools. The Consent agenda was read. Director Adcock, seconded by Director Pugh made a motion to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. Vice Mayor Hinton asked the Board to consider Item 20. Mr. Tony Bozynski gave an overview of the process leading to the condemnation of the property at 1113 W. 33`d Street, saying that Mr. Elmer Jackson the owner had failed to comply with request made by code enforcement and there had been many complaints made by neighbors about the condition of the property, that they had been in court with Mr. Jackson, and he failed to appear. Mr. Elmer Jackson, the owner of the property asked for a thirty -day extension; saying he was trying to line up contractors to get started on the construction and rehabilitation of the building, and that he had missed the court date due to a knee injury. It was determined though questions and discussion, that Mr. Jackson had been given many opportunities over at least a six -month period to correct this situation, and had failed to do so. Mr. Bruce Moore, City Manager, stated after a through review, staff felt this house could not be rehabbed at this point. Director Kumpuris called the question; Director Cazort seconded the motion. The ordinance was read the first time. Director Cazort, seconded by Director Adcock made the motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, 2 the rules were suspended by two - thirds vote of the Bard members present. The ordinance was read the second time. Director Adcock, made a motion, seconded by Director Cazort to place the ordinance on third reading, with a majority voice vote of the Board members present the rules were suspended. Director Stewart was opposed. The ordinance was read the third time. A voice vote was taken. Those in favor were: Driectors: Pugh, Hurst, Cazort, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton. Director Stewart was opposed to the ordinance and voted no on the emergency clause. Mayor Dailey and Director Keck were absent. The ordinance and was passed. 20. ORDINANCE NO. 18,821 - Condemning a certain structure in the City of Little Rock as structural, fire and health hazard; providing for summary abatement procedures; directing the City Attorney to take such action as is necessary to raze and remove said structure; declaring an emergency; and for other purposes. Synopsis: A residential structure in a dilapidated and burned condition is causing a negative environmental impact on the residential neighborhood in which it is located. Director Wyrick asked if Item 21 could be moved forward, that the Mayor of Shannon Hills and at least three aldermen were present to speak on the tem, and they could not conduct business at their city until they were finished at this meeting. Director Cazort stated there were several people present to speak on Item 18 also. There was no action by the Board to move either item forward. The next consideration was the Grouped Items (Items 11 -17): 11. ORDINANCE NO. 18,813 - Z- 6049 -A - Reclassifying property located in the City of Little Rock, Arkansas, located on the west side of Bowman Road at West 36th Street from R -2 to 0-2 (with condition); amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission: 10 yes 0 no, I absent) Staff recommends approval. Synopsis: The owner of the undeveloped 12.84 acre tract located on the east side of Bowman Road at West 361h Street is requesting that the zoning be reclassified from R -2 to 0-2 (with condition). The condition is that the maximum building height not exceed three stories 12. ORDINANCE NO. 18,814 - Z- 3660 -D - Reclassifying property located in the City of Little Rock, Arkansas, located at the northwest corner of Interstate 30 and Otter Creek Road from C -3 and OS to C -4, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent) Staff recommends approval. Synopsis: The owner of the undeveloped 58.8 -acre tract located at the northwest corner of Interstate 30 and Otter Creek Road is requesting that the zoning be reclassified from C -3 and OS to C -4. 13. ORDINANCE NO. 18,815 - LU- 03- 01 -01— To amend the Land Use Plan (16,222) in the River Mountain Planning District from Transition and Low Density Residential to Office, Suburban Office, Low Density Residential, Single Family, Park/Open Space, Commercial, and Public Institutional; and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent) Staff recommends approval. Synopsis: Land Use Plan Amendments in the River Mountain Planning District from Transition and Low Density Residential to Office, Suburban Office, Low Density Residential, Single Family, Park/Open Space, Commercial, and Public Institutional. 14. ORDINANCE NO. 18,816 - To amend Little Rock, Arkansas Ordinance No. 18,677 (April 16, 2002) to reflect the appropriate number for Kanis Municipal Improvement District No. 15; to amend Little Rock Ordinance No. 18,690 (May 28, 2002) to reflect the appropriate number for Otter Creek Property Owner's Improvement District No. 16; Little Rock, Arkansas Ordinance 18,712 (July 2, 2002) to reflect the appropriate number for Stagecoach Village Municipal Multi- Purpose Property Owner's Improvement District No. 17; to declare and emergency; and for other purposes. 15. ORDINANCE NO. 18,817 - To amend Little Rock Ordinance No. 16,345 reducing the membership of the Sister Cities Commission; and for other purposes. Synopsis: The 3 Sister Cities Commission was temporarily increased to 14 members in 2000. This ordinance would return the number of members to 13. Since 2001, only 13 positions have been filled, so no current commissioners would lose their position. 16. ORDINANCE NO. 18,818 - 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 (Deferred from January 21, 2003. 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. SEPARATE ITEMS: 17 -25 17. PUBLIC HEARING & ORDINANCE NO. 18,819 - On the petition to close the 20 foot alley between E. Roosevelt Road and E. 26th Street in lots 5,6,7,8, Block 3 of Pettifer's Addition to the City of Little Rock, Arkansas. (Planning Commission: 9 yes, 0 no, 2 absent). Staff recommends approval. (Deferred from February 4, 2003) Synopsis: The owners of Block 3, Pettifer's Addition are requesting the abandonment of a 20 foot alley located in that block and any easements located in the alley. The ordinances were read the first time. Director Cazort asked if there were any speakers present for Item 17. Vice Mayor Hinton stated he had not received any speaker cards. Director Cazort suggested the public hearing be opened and closed on this item and perhaps add it to the list of grouped items. Vice Mayor Hinton opened and closed the public hearing. The motion was made to add item 17 to the grouped items. By unanimous voice vote of the Board members present, the modification was made. Item 17 was read the first time. The rules were suspended by two - thirds vote of the board members present to provide for the second and third readings of the ordinances. The ordinances (Items 11 -17) were read the second and third times. By unanimous voice vote of the Board members present, the ordinances did pass. 18. ORDINANCE NO. 18,820 - To amend Section 34 -20 (a) (2) — (4) of the Little Rock Transportation Code, codified at Little Rock, Arkansas Revised Code 34 -1 to 34 -97 (1988), to increase the amounts of automobile insurance required for taxicab franchises existing after November 18, 1997; Airport Shuttle Services and Specialized Transportation Services; to provide $25,000 as the maximum deductible amount for the required insurance; to declare an emergency; and for other purposes. The ordinance was read the first time. Director Cazort stated since it was his proposed ordinance before the Board the first time, and this was an amended version to apply the insurance requirement to all of the transportation services the City franchises, while that was not the original purpose of the ordinance, he had no problem with this ordinance if this is the way the Board wished to proceed. Director Cazort moved to suspend the rules and place the ordinance on second and third readings. Director Kumpuris seconded the motion. By unanimous voice vote of the Board members present, the rules were suspended and the ordinance was read the second and third times. By unanimous voice vote of the Board members present, the ordinance and emergency clause did pass. 19. ORDINANCE NO. - Z -7280 - Approving a Planned Zoning Development and establishing a Planned Residential District tilted White Short -Form PDR, located at 2812 South Ringo 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: 0 yes, 7 no, 4 absent.) Staff Recommends denial. (Deferred from January 7, 2003) Synopsis: The applicant proposes to rezone the site from R -4 to PDR to allow the conversion of an existing duplex into a fourplex. The ordinance was read the first time. Mr. Jim Lawson gave a brief presentation saying the item has come to the Board as an enforcement issue, and the City is currently in court regarding this issue. The property is zoned R -3 and in a single - family area. He stated Mr. White began to convert this building into a four -plex. Mr. Gl Lawson explained that Judge Stewart gives the applicant the right to get the property rezoned. Mr. White did this, asking for a PRD, which was turned down by the planning Commission. In order to convert into a four plex the applicant would have to pave a portion of the yard for parking. Staff is convinced this would change the character of the house and turn it more into a business or multi - family use. He said this is a good neighborhood and staff is concerned this would begin the move toward multi- family zoning in the area, and have a detrimental impact. Director Adcock asked for Mr. Carpenter to explain what their vote would be to uphold the Planning Commission's decision. Mr. Lawson explained this is an appeal. Mr. Carpenter stated the vote would be a no. Director Cazort moved to place the ordinance on second reading. Director Kumpuris seconded the motion, and by unanimous voice vote of the Board members present, being more than two thirds in number voted to suspend the rules. The ordinance was read the second time. Director Adcock, seconded by Director Cazort moved to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being more than two - thirds in number, suspended the rules to provide for the third and final reading. The ordinance was read the third time. The roll was called and recorded as follows: Directors Pugh, Adcock, Hurst, Cazort, Stewart, Kumpuris, Wyrick, Cazort, Vice Mayor Hinton voted no. Director Keck and mayor Dailey were absent. The Ordinance Failed. 21. DISCUSSION - Sewer Connections Outside the City Limits. Mr. Tom Carpenter, City Attorney, outlined the current policy saying the Board has had in place since the 1980's a formal policy not to extend sewer services outside the City limits. He said there have been some times when the Board has acted despite that policy, one time was to grant sewer service to the Shannon Hills Community after several attempt to do a sewage lagoon did no come to fruition, and there was an expanding of sewer outside the city limits for the Alexander Youth Services Division, and has extended for its own facilities at the Little Rock Land Field and at the Little Rock Police Training Academy. The Board has been sued over this policy in the past and has managed to uphold the policy in the various lawsuits. One of the reasons for the Board's policy in part, was to try to curb the people moving outside the City limits in order to avoid having their children attending the Little Rock School District. In the 1980's Judge Woods indicated that the City's water and sewer extension policies were really two of the things that had lead to a segregated school district. One of the major problems the Board has is trying to enforce the regulations for the sewer. One aspect of the Sewer Department's review would be to determine if the City would be able to serve additional customers. The other question is how to enforce if someone violates the policy if the service is extended to others. The question for the Board is whether to take on those additional risks. Mr. Carpenter stated he thought another policy question for the Board is does the city want to expand into other areas where there may be less control before total control is gained in areas already in the city. There was some discussion regarding the plans to service the unsewered areas within the city, and whether people were asked to sign a pre - annexation agreement, what types of industrial waste, if any would go through the lines, and how would enforcement be done. Mr. Moore, City Manager, explained that due to existing policy of the City of Little Rock regarding extensions outside the city limits, when the staff is presented with these opportunities from various (in this case from the Primrose Methodist Church and Porocel Corporation, a private business; staff informs the Board and informs the Board at the same time that staff is recommending non - extension based on the current city policy. In the past, if a Board member so chooses, the item is brought before the Board in ordinance or resolution from for the Board to act upon. At this point, the City's policy as Mr. Carpenter has outlined has been fairly consistent regarding extension outside the City limits. Mr. Andrew Rike, representing Porocel Corporation, Mr. Cahoon, representing Primrose United Methodist Church, and Mr. Mike Kemp, representing the City of Shannon Hills, asked the Board to extend sewer service to their perspective sites. There - ` was agreement among the Board members present, that policy would be upheld, and no extension would be granted at this time. 2. REPORT - City of Little Rock Board of Director's Report — No report. 23. REPORT - City Manager's Activity Report — No report A motion was made by Director Adcock to defer Item 24 to a reconvened meeting, which would take place on February 25th for the purpose of the City Attorney's annual evaluation. Director Hurst seconded the mooting, and by unanimous voice vote of the Board members present, the item was deferred. Mr. Moore announced that Mr. Bob Biles would also be doing the Financial report at the reconvened meeting. 24. RESOLUTION - Appointments to various Boards and Commissions. (Deferred to February 25, 2002)Synopsis: Appointments to: Board of Adjustment (I position); Community Housing Advisory Board (I positions); Construction Board of Adjustment (1 positions); Racial and Cultural Diversity Commission (2 positions); Zoo Board of Governors (I position). CITIZENS COMMUNICATIONS There were three speakers present for Citizens Communications: Speaker: Ms. Ruth Bell Topic: Legal Liability Issues Speaker: Ms. Janelle Romandia Topic: Street Closure due to Crime Issues Speaker: Mr. Robert Hooks Topic: Street Closure due to Crime Issues A motion was made by Director Cazort to recess the meeting to reconvene on February 25th for the purpose of the City Attorney annual evaluation and to make appointments to various Bards and Commissions. Director Kumpuris seconded the motion, and by unanimous voice vote of the Board members present, the meeting was recessed. ATTEST: Ci Cler APPROVED: 2