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12-02-03Minutes Little Rock Board of Directors meeting December 2, 2003 F M7' BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham December 2, 2003 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Pugh, Vice Mayor Hinton, Keck, Adcock, Stewart, Hurst, Wyrick, Cazort, Kumpuris and Mayor Dailey. Director Pugh gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider modifications to the agenda as listed. DEFERRALS: 22. ORDINANCE - -Z- 3021 -G — To rezone property located along the south side of Riley Drive, east of John Barrow Road, from 0-3 and OS to 0-2, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, Ono, 2 absent. Staff recommends approval. Synopsis: The owner of the 18 acres of property located along the south side of Riley Drive is requesting to rezone the property from 0-3 and OS to 0-2 for the development of a small hospital. (Applicant requested a 2 -week deferral, to December 16, 2003). CORRECTION: 14. RESOLUTION — Authorizing the offering of up to $75,185,000 of City of Little Rock, Arkansas Limited Tax General Obligation Capital Improvement Bonds, Series 2004; and providing for other matters in connection therewith. (The item was listed on the agenda as an ordinance and should have been listed as a resolution). Director Cazort made a motion; seconded by Director Adcock to make the listed modifications, and to add Item 14 to the Consent Agenda. By unanimous voice vote of the Board members present, the modifications were made to the agenda. Mayor Dailey asked to have Item 23 placed on the agenda to be heard after Citizens Communications. The Board members were in agreement with this request. PRESENTATIONS: City Year — (December 2, 2003) Holiday Parade — Barry Travis (December 2, 2003) Watershed — Certificates of Recognition — Reverend Stewart (December 2, 2003) Interviews for the Little Rock Municipal Airport Commission were conducted with the below listed applicants. INTERVIEWS: December 2, 2003 - Little Rock Municipal Airport Commission: Robert Scull, Susan Smith, David Wayne Walsh, Robert P. Williams, Sandra Robertson CONSENT AGENDA (1 -3) 1. MOTION To approve minutes from the Little Rock Board of Directors regular meetings: Special Meeting: Reconvened Meeting 9 -23 -03 , Special Meeting, 9- 30 -03, Regular Meeting, October 7, 2003. 2. RESOLUTION NO. 11,634 - To authorize the City Manager to enter into a contract with Pro Fire Equipment, Remotec and SensIR Technologies for emergency preparedness fire department equipment. Synopsis: The resolution approves the purchase of the following Minutes Little Rock Board of Directors meeting December 2, 2003 equipment: 100 Scott Air Packs, 145 Scott Air Cylinders, 200 Scott Air Masks, 3 Air Cylinder Charge Stations, 1 Hazmat Chemical Identifier, and 2 Bomb Robots. 3. RESOLUTION NO. 11,635 - To authorize the local government endorsement of Celestica Corporation located at 7400 Scott Hamilton Drive, to participate in the Advantage Arkansas Program; and for other purposes. Synopsis: The resolution authorizes Celestica Corporation to receive sales tax rebates and corporate income tax credits in conjunction with equipment and personnel required for this facility. The Consent Agenda consisting of Items 1 -3 and Item 14 was read. A motion was made by Director Cazort, seconded by Director Adcock for the adoption of the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. CITIZENS COMMUNICATIONS Speaker: Nathan Humphrey Topic: Redemption House, asking to partner with the City for homeless issues in the downtown area. Speaker: Glen Schwarz Topic: Defending Adult Rights The Grouped Items consisted of Items 4, 6 -14. (Item 5 was held separately because cards had been turned in by citizens to speak on the item). 4. ORDINANCE NO. 18,993 - Z -7501 & Z -7502 - Reclassifying property to Urban Use of the two blocks south and east of the Presidential Park and Heifer International sites; amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 8 yes, Ono. Staff recommends approval. Synopsis: A request to reclassify some 46 acres of Industrial and duplex zoned property to Urban Use south and east of the Presidential Park and Heifer International sites. To allow Mixed Use redevelopment within the area. 5. ORDINANCE NO. Amending Little Rock Ordinance No. 18,842 replacing in its entirety with the following guidelines for the Presidential Park Overlay, to codify in Chapter 36 of the Little Rock Code of Ordinances, and for other purposes. Planning Commission: 8 yes, 0 no, Staff recommends approval with the removal of 'font type " requirement in the signage section. Synopsis: Proposal for a zoning overlay district called the Presidential Park Overlay to regulate the design standards for the area surrounding the Presidential Park and Heifer International sites. The ordinance was held on 2nd reading. The third reading will be deferred to December 16, 2003. The ordinance was read the first time. Mr. Lynn Hamilton, Operations Director for the Arkansas Democrat Gazette, stated the signage restrictions were of concern to them. He asked the Board to grandfather their business in because the ordinance requires that future signs be no larger than 18 inches in depth, applying to below the third floor for new development. He stated in the future they would be redeveloping in the area, that they are a significant tenant in the River Market Areaarea, and due to the size of their facility, needed larger signs. Mr. Dana Carney, Planning and Zoning Manager, stated that there is a mechanism in place that would allow an applicant to go to the Little Rock Board of Adjustment to request variances for the size requirements. There was discussion on this point. Mr. Carpenter stated what the Board has done in the past is say they did not want this district to be what it was, but instead, wanted it to be a very unique district and the focal district for entertainment, etc. That has been carried out toward the Presidential Park and Library. If a request for a variance of signage should come up, it should come up before the Board of Adjustment in terms of what is around the building, what is going in the community, etc. He stated there is a variance procedure in place that if it is appropriate and the application can be made to fit in with the entire district, then the request may be granted, and if it is not granted, there is a direct route of challenge to that in the Circuit Court System. Mr. Carpenter stated he would hesitate in writing a grandfather clause in to this particular ordinance to include anymore than what is there now. He was unsure what is in the district and did not want to inadvertently include something because the Arkansas 2 Minutes Little Rock Board of Directors meeting December 2, 2003 Democrat Gazette was at the meeting tonight. Director Kumpuris made the motion that if the large sign at the Arkansas Democrat Gazette should be moved to another location, or another building, that it would be allowed within that district. Director Adcock seconded the motion. By unanimous voice vote of the Board members present, the motion carried to amend the ordinance. The ordinance was read the first time as amended. Rules were suspended by two - thirds vote of the Board members present, being two thirds in number to provide for the second reading as amended. The ordinance was read the second time as amended. The ordinance was held on the second reading. The item was deferred to December 16, 2003 to be voted on with the incorporated language voted on by the Board of Directors. 6. ORDINANCE NO. 18,994 - To amend the Land Use Plan (16,222) in the Buzzard Mountain Planning District (Hwy 10 at Ferndale Cut -Off) from Low Density Residential to Commercial; and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. 7. ORDINANCE NO. 18,995 - Z -7517 — To rezone property located at the southwest corner of Ferndale Cut -Off Road and Highway 10 from R -2 to C -3 (with conditions). Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The owners of the 7.25 -acre tract at the southwest corner of Ferndale Cut -Off Road and Highway 10 are requesting to rezone the property from R -2 to C -3 (with conditions) for development of a branch bank and future commercial building. 8. ORDINANCE NO. 18,996 - Z -7509 — To rezone property located at 3334 Fair Park Blvd from C -3 to C -4; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The owner of the 0.25 acre property at 3334 Fair Park Blvd. is requesting that the property be rezoned from C -3 to C -4 for an auto repair business. 9. ORDINANCE NO. 18,997 - Z -7519 — To rezone property located at 10118 Colonel Glenn Road from R -2 to I -1; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The owner of the 1.967 acre tract at 10118 Colonel Glenn Road is requesting to rezone the property from R -2 Single Family District to I -1 Industrial Park District to recognize the existing office /warehouse building on the property. 10. ORDINANCE NO. 18,998 - Fixing and imposing the amount of fees and changes to be paid to the City of Little Rock, Arkansas by all companies that provide interstate or intrastate long distance telecommunication service, and all business incidental to or connected with the conducting of such telephone business in the City of Little Rock, Arkansas; amending Section 3 of Ordinance No. 15,706; and for other purposes. Staff recommends approval. Synopsis: Approval of an ordinance levying a franchise fee for companies providing long distance telephone service in the City of Little Rock, Arkansas in 2004. 11. ORDINANCE NO. 18,999 - Amending in part Ordinance No. 11,366 to provide for levying a franchise fee to be paid by CenterPoint Energy Arkla for the year 2004; providing for the payment thereof. Staff recommends approval. Synopsis: Approval of an ordinance levying a franchise fee to be paid by CenterPoint Energy Arkla during 2004. 12. ORDINANCE NO. 19,000 - Fixing and Imposing the aggregate amount of fees and charges to be paid the City of Little Rock, Arkansas by Entergy and the method of payment thereof beginning in 2004; amending Section 9 of Ordinance No. 11,683, and for other purposes. Synopsis: Approval of an ordinance levying a franchise fee to be paid by Entergy during 2004. 13. ORDINANCE NO. 19,001 - Levying additional franchise fees to be paid by SBC (formerly known as Southwestern Bell Telephone Company) for the year 2004; and providing for the payment thereof. Synopsis: Approval of an ordinance levying a franchise fee to be paid by SBC (formerly Southwestern Bell Telephone Company) during 2004. 14. RESOLUTION NO. 11,636 - Authorizing the offering of up to $75,185,000 of City of Little Rock, Arkansas Limited Tax General Obligation Capital Improvement Bonds, Minutes Little Rock Board of Directors meeting December 2, 2003 Series 2004; and providing for other matters in connection therewith. (item 14 was added to the Consent Agenda, (see modifications) and was read with. the Consent Agenda items. The ordinances (Items 4, and 6 -14) were read the first time Rules were suspended to provide for the second and third readings of the ordinances by two - thirds vote of the Board members present, being two - thirds in number. The ordinances were read the second and third time. By majority voice vote, Board members being two - thirds in number, voted to pass the ordinances. Director Stewart and Director Cazort were not present at the time of this vote. The ordinances were passed. 15. PUBLIC HEARING AND ORDINANCE 19,002 - G -24 -014 - To abandon a 10- foot wide utility easement located along the common lot line between Lots 200 and 201, Longlea VIII T at 4315 Valley View Drive. Staff recommends approval. Synopsis: The owner of Lots 200 and 201, Longlea VIII T, located at 4315 Valley View Drive is asking that the 10 foot wide utility easement located along the common lot line between the two lots be abandoned. Mayor Daily opened the public hearing. There was no one to speak in favor or in opposition to the abandonment. Mayor Dailey closed the public hearing. The ordinance was read the first time. Rules were suspended to prove for the second and third readings of the ordinance by two - thirds vote of the Board member present, being two - thirds in number. The ordinance was read the second and third time. By unanimous voice vote of the Board members present the ordinances passed. 16. RESOLUTION - To authorize the Mayor to issue a letter of support to the Arkansas Development Finance Authority to build an affordable "Elderly & Disabled" apartment complex at 8901 Labette Drive. Synopsis: ValueCare Properties Corporation is requesting a letter of support to build a 71 -unit apartment complex at 8901 Labette Drive. Item was deferred to January 20, 2003. The applicant was not present to answer questions, and there were citizens of the neighborhood present to oppose the project. 17. RESOLUTION NO. Rescinding the Little Rock Planning Commissions action in denying a revised conditional use permit for Miss Cat's Child Development Center located at 8500 Mize Road. Planning Commission: 4 yes, 6 no, 1 absent. Staff recommends denial. (Public Hearing was held on November 18, 2003; item was deferred to December 2, 2003). The item was sent back to the Planning Commission because of significant changes to the conditional use request, and there was after the meeting which was held December 1, 2003, it was determined at the meeting there was no consensus of agreement between the neighborhood and Ms. Turner. Director Cazort, seconded by Director Adcock, made the motion to send the item back to the Planning Commission. By unanimous voice vote of the Board members present, the motion carried. 18. ORDINANCE NO. 19,003 - To establish guidelines for the approval of Redevelopment projects that utilize Tax Increment Financing; to declare an emergency and for other purposes. There was brief discussion concerning content of the ordinance, concerning the terms development, redevelopment, and blighted areas, and make up of the advisory committee. Mr. Carpenter stated what the Board might do regarding the make up of the advisory committee (taxing jurisdictions) it might be amended to read "an appropriate representation from other taxing jurisdictions in the community. Director Keck made the motion to amend the ordinance to include the above language, Director Hurst seconded the motion, and by unanimous voice vote of the Board members present the amendment was adopted. The ordinance was read the first time as amended Rules were suspended by two - thirds vote of the Board members present, being two - thirds in number to provide for the second and third reading of the ordinance. The ordinance was read the second and third time asended. By unanimous voice vote of the Board members present, the ordinance and emergency clause was passed. 19. RESOLUTION NO. To authorize projects to be completed from the proceeds of the Capital Improvement Bonds, Series, 2003. Mr. Carpenter, City Attorney asked that Item 19 be deferred to December 16, 2003) L, Minutes Little Rock Board of Directors meeting December 2, 2003 20. RESOLUTION NO. 11,637 - To establish an advisory board for Midtown Redevelopment District No. 1 of the City of Little Rock and the composition and terms thereof. The resolution was read. Director Adcock, seconded by Director Hurst made a motion to adopt the resolution, and by unanimous voice vote of the Board members present, the resolution was adopted. 21. ORDINANCE NO. 19,004 - Establishing and Overlay District for the Midtown Overlay pursuant to the Design Overlay Authority of Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and for other matters. Planning Commission: 9 yes, 0 no, Staff recommends approval. Synopsis: Approval of a design overlay for the University Markham Area called the Midtown Overlay to modify the design standards for development and redevelopment in the area. The ordinance was read the first time. Rules were suspended by two - thirds vote of the Board members present, being two - thirds in number to provide for the second and third reading of the ordinance. The ordinance was read the second and third time. By unanimous voice vote of the Board members present, the ordinance was passed. 22. ORDINANCE - -Z- 3021 -G — To rezone property located along the south side of Riley Drive, east of John Barrow Road, from 0-3 and OS to 0-2, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The owner of the 18 acres of property located along the south side of Riley Drive is requesting to rezone the property from 0-3 and OS to 0-2 for the development of a small hospital. (See modifications: Deferred at applicant's request to December 16, 2003) 23. RESOLUTION NO. 11,638 - To authorize the sale of the former YMCA Building at 524 South Broadway; to BMS, Inc. to authorize the City Manager to enter into a sales contract for the property and for other purposes. (This item was moved to be placed on the agenda after the Consent Agenda.) Mr. Bruce Moore, City Manager, stated that a recommendation was received from Dickson Flake Partners, the firm that is marketing the property for the City of Little Rock, recommending that the City enter into a contract with BMS, Inc. to redevelop theYMCA Building. The redevelopment would include a hotel residential unit, office space, restaurant, and a health facility. Staff concurred with this recommendation and encouraged the Board to approve the resolution. Mr. Fred Gray, representing the purchasing group gave an overview to the Board on what the plans were for the building. Mr. Paul Esterer, representing ARC, who had also bid on the building, made a presentation to the Board asking them to reconsider their group for this project. He gave a brief history of his firm's accomplishments in the City, and of ARC the firm he was representing. The resolution was read. Director Keck, seconded by Director Cazort, made the motion to adopt the resolution. By unanimous voice vote of the Board members present, the resolution was adopted. 24. REPORT - City of Little Rock Board of Directors A motion was made by Director Keck, seconded by Director Cazort to go into Executive Session to consider Board and Commission Appointments. The Board recessed at 8:20 PM. The meeting was reconvened at 8:50 PM. The Mayor called the meeting back in session. 25. RESOLUTION 11,639 - Board and Commission Appointments: Mr. Bruce Moore, City Manager, announced the nominations for the following Boards. Little Rock Municipal Airport Commission Appointment — Kay Arnold Central Arkansas Library Board Reappointment — Judith Faust Appointment — Michel Liedermann Mayor Dailey made a statement for the record that he was indirectly kin to Ms. Arnold, and had asked the City Attorney if he should recuse if Ms. Arnold was selected for the appointment, and Mr. Carpenter had advised that he would not. Minutes Little Rock Board of Directors meeting December 2, 2003 A motion was made by Director Keck, seconded by Director Adcock for the adoption of the resolution making the listed appointments. By unanimous voice vote of the Board members present the appointments were made, and the resolution adopted. A motion was made by Director Cazort, seconded by Director Keck to adjourn the meeting, by unanimous voice vote of the Board members present the meeting was adjourned at 10:05 PM. ATTEST: Ci Clerk, Nancy Wood APPROVED: 4jvw M or, Jim Dailey 0