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10-17-06Little Rock Board of Directors Meeting — Minutes — October 17, 2006 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham October 17, 2006 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in a regular session with Mayor Dailey presiding. Nataki S. Blocker, Assistant City Clerk, called the roll with the following Directors present: Pugh, Hinton, Hurst, Keck, Stewart, Wyrick, Kumpuris, Fortson, Adcock, Vice Mayor Cazort, and Mayor Dailey. Mayor Dailey gave the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS: Boo at the Zoo — Mike Blakely (October 17, 2006) Kevin Crass with the Friday Law Firm and President of Little Rock Boys and Girls Club extended a special invitation to the Board for the annual Leader of the Year event at Penick Boys Club on Thursday, October 26. The Honoree is Mayor Jim Dailey. Interviews: Little Rock Municipal Airport Commission (October 17, 2006) The Board of Directors interviewed the following list of candidates, allowing each candidate two (2) minutes to present themselves, their qualifications, and their interest in the position. The Board questioned each candidate for a period of three (3) minutes. All candidates were asked the same questions. Candidates included: Adrienne Bradley, Michael Desselle, Christopher A. Eaton, Rev. Larry Gary, Thomas Hodges, Dr. Morris Holmes, Lee Charles Johnson, William T. Keith, J.J. Lacey, Jr., Marty McCasland, Andrew B. Meadors, Virgil Miller, John Paquette, James H. Penick III, Phillip Peters, Charles L. Schlumberger, and Kirk Tompkins. Mayor Dailey asked the Board to consider the listed modifications. ADDITION: M -1. RESOLUTION 12,362 - To require an additional filter system on the Little Maumelle Wastewater Treatment Facility; and for other purposes. DEFERRAL: 22. ORDINANCE - To transfer the land under the Metro Center South Parking Deck to the Metro Improvement District No. 1, and any rent payments due are forgiven and the Lease is terminated. Staff recommends approval. Vice Mayor Cazort made the motion, seconded by Director Adcock, to accept the modifications to the agenda. By unanimous voice vote of the Board members present the modifications were approved. Little Rock Board of Directors Meeting — Minutes — October 17, 2006 PRESENTATIONS: Boo at the Zoo — Mike Blakely (October 17, 2006) Interviews: Little Rock Municipal Airport Commission (October 17, 2006) CONSENT AGENDA (Items 1 - 7) 1. RESOLUTION 12,363 - To set the date of public hearing for November 21, 2006, to introduce a proposed ordinance to establish a schedule of sewer rates for the Little Rock Wastewater Utility. Staff recommends approval. 2. RESOLUTION 12,364 - To authorize the City Manager to enter into a contract with Ag -Pro Central for the purchase of one (1) 4 -WD tractor with side and rear flail mower with optional spray and eight (8) foot rotary mower in the amount of $106,940.96. Staff recommends approval. 3. RESOLUTION 12,365 - To authorize the City Manager to enter into a contract with Hugg & Hall Equipment Company for the purchase of one (1) All -Wheel /skid steering loader with optional forty (40) inch planer in the amount of $62,099.00. Staff recommends approval. 4. RESOLUTION 12,366 - To authorize the City Manager to enter into a contract with B. R. McGinty Mechanical and W. W. Gay Mechanical Contractor, Inc. to supply plumbers to perform overflow plumbing repairs on an hourly basis when City plumbing staff cannot respond in a timely manner. Staff recommends approval. 5. RESOLUTION 12,367 - To certify various properties, liens, and penalties, to the Pulaski County Collector to be placed upon the appropriate tax books as delinquent taxes to be collected; and for other purposes. Staff recommends approval. Synopsis: On occasion the City attaches liens for work it performs on private property. This lien information must be compiled and sent to the Pulaski County Treasurer's office for inclusion in the annual tax bill. This is an effort to recoup some of the costs for performing that work. 6. RESOLUTION 12,368 - To authorize the City Manager to enter into a contract with the Little Rock National Airport for the use of Little Rock Police Department employees who currently manage security at the airport. Staff recommends approval. Synopsis: An approved and signed contract is a required CALEA standard and will be essential for the Department's upcoming re- accreditation in November of 2006. The contract will provide for a one (1) year term with the option to renew for two (2) additional terms. 7. MOTION - Z- 3419 -C - To set the date of public hearing for November 6, 2006, on an appeal of the Planning Commission's denial of a rezoning request for a Planned Commercial Development from 0-3 to PCD to expand the allowable uses for the site. Planning Commission: 3 ayes, 7 nays, I absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning of the site from 0-3 to PCD to expand the allowable uses of the site. The request includes the allowance of C -2 uses as allowable uses. Little Rock Board of Directors Meeting — Minutes — October 17, 2006 A motion was made by Director Adcock, seconded by Director Hurst, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted. Items 3 -6 were withdrawn by City Attorney, Tom Carpenter. GROUPED ITEMS (8 -20) 8. ORDINANCE 19,610 - Z- 4410 -B - Approving modification to a Planned Zoning District and providing for the establishment of a Planned Residential Zoning Development titled Highway 10 Condominiums Revised Long -Form PD -R, located on Cantrell Road, just west of Pleasant Ridge Road, Little Rock, Arkansas, amending Ordinance No. 19,372, and the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, and I absent. Staff recommends approval. Synopsis: The applicant is proposing a revision to the previously approved PD -R to allow two (2) to three (3) mid - rise towers of no more than six (6) livable floors each that will be built in as many as three (3) different phases and include approximately two hundred (200) owner occupied units. 9. ORDINANCE 19,611 - Z- 6532 -D - Approving modification to a Planned Zoning District and providing for the establishment of a Planned Residential Zoning Development titled Lot 6, Chenal Heights Revised Long -Form PD -R, located on the northeast corner of Chenal Heights Circle and Chenal Heights Drive, Little Rock, Arkansas, amending Ordinance No. 19,220, and the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, and 1 absent. Staff recommends approval. Synopsis: The applicant is proposing a revision to the previously approved PD -R for Lot 6 to increase the number of allowable beds for the nursing home facility. 10. ORDINANCE 19,612 - Z- 7898 -A — Approving modification to a Planned Zoning District and providing for the establishment of a Planned Residential Zoning Development titled Cross Street Elderly Housing Revised Short -Form PD -R, located at 1022 Cross Street, Little Rock, Arkansas, amending Ordinance No. 19,406, and the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, and I absent. Staff recommends approval. Synopsis: The applicant is now proposing a revision to the previously approved PD -R to allow a small portion of the site to be removed from the overall approval area. 11. ORDINANCE 19,613 - Z- 7969 -A - Approving modification to a Planned Zoning District and providing for the establishment of a Planned Commercial Zoning Development titled Lapalapa Revised Short -Form PCD located at 6100 Stones Road and 18321 Cantrell Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, and 1 absent. Staff recommends approval. Synopsis: The applicant is proposing a revision to the previously approved PCD to allow an existing residential structure located on the site currently zoned R -2, Single - Family to be included in the previously approved PCD area. 3 Little Rock Board of Directors Meeting — Minutes — October 17, 2006 12. ORDINANCE 19,614 - Z -8088 — Approving a Planned Zoning Development and establishing a Planned Office District titled 1416 -1500 Aldersgate Road Short -Form POD, located at 1416 -1500 Aldersgate Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, and I absent. Staff recommends approval. Synopsis: The purpose of the rezoning from 0-3 and MF -24 to POD is to allow the construction of a Single - Family residence with an attached commercial building to be used as an office /showroom /warehouse. 13. ORDINANCE 19,615 - Z -8089 — Approving a Planned Zoning Development and establishing a Planned Industrial District tiled Accurate Boring Short -Form PD -I, located at 12601 -B Alexander Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, and 1 absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning of a portion of this site from R -2 to PD -I to recognize an existing non - residential use. 14. ORDINANCE 19,616 - LU06 -08 -03 — To amend the Land Use Plan (16,222) in the Central City Planning District from Multi- Family to Single - Family; and for other purposes. Planning Commission: 10 ayes, 0 nays, and 1 absent. Staff recommends approval. Synopsis: Land Use Plan amendments in the Central City Planning District from Multi- Family to Single - Family for future development at Ives Walk between Cumberland and Rock Streets. 15. ORDINANCE 19,617 - Z -8090 — Approving a Planned Zoning Development and establishing a Planned Residential District titled Ives Walk Long -Form PD -R, located between Cumberland and Rock Streets near 29th Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, and 1 absent. Staff recommends approval. Synopsis: The Little Rock Housing Authority proposes the demolition of the existing fifty (50) units of Multi- Family housing known as Amelia B. Ives Walk to allow the redevelopment of the site with seventeen (17) new Single- Family homes each on individually platted lots. 16. ORDINANCE 19,618 - S -553 -D — 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 the development of lots with an increased lot depth to width ratio for Quail Run Subdivision Replat Lot 17R, located at 34 Pointer Drive. Planning Commission: 10 ayes, 0 nays, and I absent. Staff recommends approval. Synopsis: The applicant is requesting a variance from the Subdivision Ordinance to allow the development of a lot with an increased lot depth to width ratio. E Little Rock Board of Directors Meeting — Minutes — October 17, 2006 17. ORDINANCE 19,619 - S -1534 — 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 the development of lots with an increased lot depth to width ratio for Burns Replat of part of the west '/2 tract, 17 Gloleckler Acres, located on Doyle Springs Road, south of Rosswood Drive. Planning Commission: 10 ayes, 0 nays, and 1 absent. Staff recommends approval. Synopsis: The applicant is proposing a replat of property to allow the creation of three (3) Single - Family lots. The request includes a variance from the Subdivision Ordinance to allow an increased Lot depth to width ratio for proposed Lots 2 and 3. 18. ORDINANCE 19,620 - S -1535 — 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 the development of a lot with an increased lot depth to width ratio for Martin Subdivision Preliminary Plat, located at 8819 Pinnacle Valley Road. Planning Commission: 10 ayes, 0 nays, and I absent. Staff recommends approval. Synopsis: The applicant is proposing the subdivision of this six (6) acre tract into two (2) Single - Family residential tracts or lots. A variance from the Subdivision Ordinance is being requested to allow Lot 1 to be developed with an increased lot depth to width ratio. 19. ORDINANCE 19,621 - S -1539 — 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 the development of lots without public street frontage, to allow the creation of a pipe stem lot and to allow an increased lot to depth of the pipe stem lot for Red Bud Acres Preliminary Plat, located at 6200 Red Bud Lane. Planning Commission: 10 ayes, 0 nays, and I absent. Staff recommends approval. Synopsis: The proposal includes the subdivision of an eight (8) acre tract into two (2) residential lots. The request includes variances from the Subdivision Ordinance to allow the creation of a pipe stem lot and lots without public street frontage. 20. ORDINANCE 19,622 - To amend a portion of Article VI of Chapter 30 of the Little Rock Code of Ordinances titled "Boundary Street Improvements and Right -of -Way Dedications ", to provide an exemption to property in the Little Rock Port Industrial Park; and for other purposes. Staff recommends approval. Synopsis: Amends Article VI of Chapter 30 of the Little Rock Code of Ordinances entitled "Boundary Street Improvements and Right -of- Way Dedications ", to exempt property in the Little Rock Port Industrial Park from its required to construct one half of the abutting street to Master Street Plan Requirements. The grouped items (8 -20, and 23) were read the first time. Director Adcock, seconded by Director Hurst, made a motion to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Keck, seconded by Director Hurst, made a motion to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the third time. By unanimous voice vote of the Board members present, being two - thirds in number, Items 8 — 20 and 21 were adopted. An emergency clause was adopted for Item 18. 5 Little Rock Board of Directors Meeting — Minutes — October 17, 2006 CITIZENS COMMUNICATIONS Speaker: Ruth Bell, League of Women Voters of Pulaski County Topic: She expressed concerns about the Mayor appointing a third party (Metroplan) to mediate an agreement between Maumelle Watershed property owner and Central Arkansas Water. Speaker: Rhonda Redwood, Lisa Academy (21 Corporate Hill Drive) Topic: She requested a traffic stop light and flashing school zone lights for the intersection of Markham and Corporate Hill Drive. Speaker: Gene Pfeifer Topic: He spoke in favor of the City's recent resolution to become a bicycle friendly community and requested that the Board form a committee to implement these changes. 24. EXECUTIVE SESSION & RESOLUTION 12,370 - Appointment to the Little Rock Municipal Airport Commission. A motion was made by Director Keck, seconded by Director Hurst, to go into executive session. By unanimous voice vote of the Board members present the meeting was recessed at 8:00 PM. Mayor Dailey called the meeting back to order 8:35 PM. Mr. Bruce Moore, City Manager announced the recommendations to the following Boards and Commissions: Central Arkansas Transit Authority Ex- Officio Member Gene Fortson Little Rock Airport Commission Board Liaison Gene Fortson A motion was made by Director Keck, seconded by Director Adcock, to accept the nomination. By unanimous voice vote of the Board members present, Mr. Fortson was appointed to the above listed commissions. Little Rock Airport Commission Appointment Virgil Miller A motion was made by Director Adcock, seconded by Vice Mayor Cazort, to accept the nomination. By unanimous voice vote of the Board members present, the listed appointment was adopted. 10 Little Rock Board of Directors Meeting — Minutes — October 17, 2006 PUBLIC HEARING (ITEM 21) 21. PUBLIC HEARING & RESOLUTION 12,369 - Z -8066 — To approve the action of the Little Rock Planning Commission, and to approve a conditional use permit, as amended, to allow construction of the Little Maumelle Treatment Plant on property zoned R -2, residential, located 700 feet, more or less, south of the intersection of East Pinnacle Road and Krone Road; and for other purposes. Planning Commission: 7 ayes, 0 nays, 2 absent, 2 recusals. Staff recommends approval of the Conditional Use Permit. Synopsis: A record objector is appealing the Planning Commission's approval of a Conditional Use Permit to allow for construction of the Little Maumelle Wastewater Treatment Plant on the R -2 zoned property located seven hundred (700 ±) feet south of the intersection of East Pinnacle Road and Krone Road. The Mayor opened the public hearing for Item 21 at 8:40 PM. Vice Mayor Cazort gave an overview of the history of the process and his recent site visits to other sewer treatments plants in Vancouver, Washington and Atlanta, Georgia. His recommendation was that the City of Little Rock requires Little Rock Wastewater to use the step -feed system to insure a more environmentally friendly affluent from the newly built system. Other recommendations included that the buildings have to have a residential or campus like feel with high sloped roofs, architectural features, and a brick exterior; all structures have to be enclosed or covered with odor and noise control (no noise and no smell); all piping must be under ground, and sludge must be piped out and not trucked. Reggie Corbitt, Manager of Little Rock Waste Water Utility, introduced the members of the Sanitary Sewer Commission. Patrick Miller, Chairman of the Little Rock Sanitary Sewer Commission gave an overview of the Sanitary Sewer's position on the appeal before the Board. He also discussed the history of the project and the court order and the issues brought forward by Vice Mayor Cazort; outlining how Little Rock Wastewater had met the requirements of the Conditional Use Permit. He asked the Board to deny the appeal and allow them to get started with preliminary construction plans for the project. After his presentation he answered questions from the Board. A resolution to most of the Board concerns was to attach the "Surviving Agreements " as an exhibit to the resolution passed by the Board. There was also a lengthy discussion on the trucking and piping of sludge. Mayor Dailey gave those present to speak in opposition of the project twenty (20) minutes. Mary Dornhoffer, representative of Pinnacle Neighborhood Association and the Coalition of West Rock United Neighborhoods, gave a historical perspective on the process and her involvement that lead up to the appeal. She appreciates the items that the Board has brought to the table. She asked some questions of the Board to clarify the current resolution. Phyllis Storthz, Larry Storthz, and Gene Pfeifer, property owners, also spoke in support of the compromise. Director Adcock asked questions about the budget for the project. Mr. Corbitt answered that the total project with all of the additions of the filter and bricks was $45.5 million. 7 Little Rock Board of Directors Meeting — Minutes — October 17, 2006 Mayor Dailey closed the public hearing. Director Keck, seconded by Director Hurst, made a motion to accept the amendments to the resolution (Item 21). By unanimous voice vote of the Board members present, being two - thirds in number, the amendments were accepted. The resolutions (M -1 and 21) were read. Vice Mayor Cazort, seconded by Director Keck, made a motion to adopt the resolutions. By unanimous voice vote of the Board members present, being two - thirds in number, the resolutions were accepted. SEPARATE ITEMS (22 — 24) 22. ORDINANCE - Deferred indefinitely - To transfer the land under the Metro Center South Parking Deck to the Metro Improvement District No. 1, and any rent payments due are forgiven and the Lease is terminated. Staff recommends approval. 23. ORDINANCE 19,623 (added to grouped items) - Z -8094 — Approving a Planned Zoning Development and establishing a Planned Office District titled Maxton Enterprises Short -Form POD, located at 5921 H Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 7 ayes, I nay, 3 absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning of the site from 0-3 to POD to allow an increase in the allowable accessory uses listed in the 0-3 zoning district from ten percent to forty -five percent. 24. EXECUTIVE SESSION & RESOLUTION 12,370 - Appointment to the Little Rock Municipal Airport Commission. (Moved to after the grouped items. See above.) Scott Carter, Public Relations Manager, invited the public to join the Parks staff and Director Kumpuris, on Saturday, October 21 at 8:00 AM, for a walking tour of River front Park and an opportunity to hear the future plans for and give input to the plans for the area. Director Adcock requested to review the consultant's report of the Central Arkansas Transit Authority. Bruce Moore, City Manager, responded that he would provide that to the Board before the budget meetings. Director Kumpuris asked the City Manager to give an update on the chronic homelessness issues and the participation of the surrounding local government entities. Mr. Moore reported that the County would not be participating, but that North Little Rock has agreed to participate with the cost sharing of the staff person that will be hired. The finalists for the position will be interviewed by the City Manager next week. Director Kumpuris would like for us to sign an agreement with North Little Rock before we move forward. Mr. Moore reported to the Board that the Chamber of Commerce has asked UALR to examine Pulaski County's finances to include various options dealing with the regional detention center. There will also be a separate independent audit of the County's past audits. Chancellor Anderson also announced that he would be forming a work team, lead by former Chancellor Chuck Hathaway, to study this issue. Little Rock Board of Directors Meeting — Minutes — October 17, 2006 Each city has also been asked to fund, for the first 90 days for 2007, the facility to keep it at the 880 number, which is roughly $150,000 in addition to the $1.2 million for the City of Little Rock. Director Keck, seconded by Vice Mayor Cazort, made a motion to adjourn. By unanimous voice vote of the Board members present, being two - thirds in number, the meeting was adjourned at 9:53 PM. ATTEST: Na cy Woo , CMC City Clerk APPROVED: Ji ailey M or