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01-20-09Minutes Little Rock Board of Directors Meeting January 20, 2009 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular session with Vice Mayor Fortson presiding. Susan Langley, Acting City Clerk, called the roll; followed by the invocation delivered by Director Adcock. The following Directors present: Hendrix, Hurst, Cazort, Wright, Wyrick, and Adcock; Directors absent were Richardson, Keck and Kumpuris. Mayor Stodola was absent. Vice Mayor Fortson announced that there were not enough Board Members present to suspend the rules and this meeting would be recessed until February 3, 2009 to act upon the ordinances. Director Cazort made a motion to add Items M -1 and M -2 to the consent agenda, and defer Items 7,14,16 to February 3rd. Mr. Carpenter, City Attorney, announced that there were not enough votes present to do that. Director Cazort asked if this would not happen anyway. Mr. Carpenter answered it would, but procedurally there were not enough votes to do this. The modifications consisted of the following items. ADDITIONS M -1. RESOLUTION - Authorizing the City Manager to enter into a contract with A- Demolition Asbestos, for asbestos abatement and demolition of twenty (20) residential properties within the City of Little Rock, Arkansas. Synopsis: Twenty residential structures in dilapidated and /or burned condition causing a negative environmental impact on the residential neighborhoods in which they are located. M- 2.RESOLUTION - In support of Senate Bill 77, the Animal Cruelty Bill, an act concerning aggravated cruelty to dogs, cats and horses and related offenses and concerning animal management practices; and for other purposes. Synopsis: SB 77 is the animal cruelty bill, which is a much more comprehensive law with respect to definitions of what constitutes animal cruelty, and includes a felony penalty for aggravated animal cruelty. DEFERRALS 7. RESOLUTION - Deferred until February 3, 2009 - To authorize the City to enter into an agreement with the Little Rock Airport Commission to establish the Airport Enhancement Funds; to manage and distribute monies from that fund; and for other purposes. Staff recommends approval. 14. RESOLUTION - In support of the amendment of state law to allow the Capitol Zoning District Commission to enter into agreements with the City for enforcement of zoning and certain other types of regulations through stop -work orders, citations and fines; and for other purposes. Synopsis: The Capitol Zoning Commission seeks support for legislation in the 2009 session to amend state law to allow the Commission to enter into agreements with the City for enforcement of zoning and certain other types of regulations through stop -work orders, citations Minutes Little Rock Board of Directors Meeting January 20, 2009 6:00 PM 16. ORDINANCE - Z -8404- Approving a Planned Zoning Development and establishing a Planned Commercial District titled the Dog House Short-Form PCD located at 2619 Kavanaugh Boulevard, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 1 aye, 9 nays, 0 absent. Staff recommends approval. Synopsis: The request is an appeal of the Planning Commission's recommendation of denial of a rezoning to this site from C -3, General Commercial District to PCD to allow the addition of an outdoor play area for pets as an allowable activity behind the existing building. Vice Mayor Fortson announced the following presentations: Third Annual Auto Extravaganza Little Rock Advertising and Convention Bureau — Ms. Carol Dolan Mr. Bruce Moore City Manager recognized Ms. Edwina Houston's retirement, thanking her for 37 years of service to the City of Little Rock. Mr. Moore stated he had the authority to defer Item 7 to February 3, 2009, Item 14, until further notice, and Item 16 until February 3, 2009. Mr. Carpenter, City Attorney, advised that the Vice Mayor could proceed with the agenda if all the Board Members present votes, and the Mayor votes. In this case, Vice Mayor Fortson assumes the position of Mayor. The Mayor can vote to break a tie vote, or to approve an item. He advised that each item needs to be read individually, and an individual roll call vote needed to be done on each item. He said the Mayor can ask for a roll call vote on each item and the Mayor could be the 6th vote. Vice Mayor Fortson asked for Item 1 to be read. Mr. Carpenter, City Attorney, advised that Item one is a measure, and this needed to be deferred until next Tuesday (February 3, 2009). 1. MOTION - To approve the minutes of the Little Rock Board of Directors Special Meeting of December 9, 2008. 2. RESOLUTION NO. 12,817 - Authorizing the City of Little Rock Planning and Development Department and Housing and Neighborhood Programs to distribute lead -safe information to contractors seeking renovation permits; and for other purposes. Staff recommends approval. Synopsis: The City of Little Rock, in partnership with the University of Arkansas for Medical Sciences College of Public Health, and the Arkansas Department of Environmental Quality are encouraging dissemination of information on lead -safe work practices to contractors and individuals seeking permits to renovate at risk structures. The resolution was read. A roll call vote was taken and recorded as follows: Directors Hendrix, Hurst, Cazort, Wright, Wyrick, and Adcock voted in favor. Directors Richardson, Keck and Kumpuris were absent. Mayor Stodola was absent. Vice Mayor Fortson declared his vote was in favor. The resolution was adopted. Minutes Little Rock Board of Directors Meeting January 20, 2009 6:00 PM 3. RESOLUTION NO. 12,818 - Of the City of Little Rock certifying local government endorsement of Novus International, Inc., and Novus Arkansas, LLC, located at the Port of Little Rock, to participate in the Arkansas Tax Back Program; and for other purposes. Staff recommends approval. The resolution was read. A roll call vote was taken and recorded as follows: Directors Hendrix, Hurst, Cazort, Wright, Wyrick, and Adcock voted in favor. Directors Richardson, Keck and Kumpuris were absent. Mayor Stodola was absent. Vice Mayor Fortson declared his vote was in favor. The resolution was adopted. 4. RESOLUTION NO. 12,819 - To reauthorize the City Manager and the Mayor to negotiate a purchase price for the land commonly referred to as The Western Hills Country Club; to authorize the City Manager and the Mayor to negotiate a purchase price for property intended to become part of the West Central Ballpark Complex in Rosedale; to authorize City Officials to execute or notarize any necessary documents; to make the payment for these parcels subject to the issuance of City Refunding Bonds; and for other purposes. Staff recommends approval. The resolution was read. A roll call vote was taken and recorded as follows: Directors Hendrix, Hurst, Cazort, Wright, Wyrick, and Adcock voted in favor. Directors Richardson, Keck and Kumpuris were absent. Mayor Stodola was absent. Vice Mayor Fortson declared his vote was in favor. The resolution was adopted. 5. RESOLUTION NO. 12,820 - To appoint two (2) successor Commissioners to the Board of Twin Lakes Recreational Area Improvement District No. 1 of Little Rock, Arkansas; and for other purposes. Staff recommends approval. Synopsis: All vacancies that may occur after a municipal board is organized must be filled by the City Board of Directors. The resolution was read. A roll call vote was taken and recorded as follows: Directors Hendrix, Hurst, Cazort, Wright, Wyrick, and Adcock voted in favor. Directors Richardson, Keck and Kumpuris were absent. Mayor Stodola was absent. Vice Mayor Fortson declared his vote was in favor. The resolution was adopted. 6. RESOLUTION NO. 12,821 - To authorize the Mayor to execute a warranty deed to convey property to the Little Rock Sanitary Sewer Committee to expand a pump station near Interstate Highway 30 and Arch Street; and for other purposes. (Arch Street Pump Station). Staff recommends approval. Synopsis: the Little Rock Sanitary Sewer Committee is making improvements to the Arch Street Pump Station. They need .49 acres conveyed form the City of Little Rock, Arkansas to complete the improvements. The resolution was read. A roll call vote was taken and recorded as follows: Directors Hendrix, Hurst, Cazort, Wright, Wyrick, and Adcock voted in favor. Directors Richardson, Keck and Kumpuris were absent. Mayor Stodola was absent. Vice Mayor Fortson declared his vote was in favor. The resolution was adopted. Minutes Little Rock Board of Directors Meeting January 20, 2009 6:00 PM 7. RESOLUTION NO. (Deferred) -To authorize the City to enter into an agreement with the Little Rock Airport Commission to establish the Airport Enhancement Funds; to manage and distribute monies from that fund; and for other purposes. Staff recommends approval. The resolution was read. A roll call vote was taken and recorded as follows: Directors Hendrix, Hurst, Cazort, Wright, Wyrick, and Adcock voted in favor. Directors Richardson, Keck and Kumpuris were absent. Mayor Stodola was absent. Vice Mayor Fortson declared his vote was in favor. The resolution was adopted. 8. RESOLUTION NO. 12,823 - To authorize the Mayor to sign a letter of support for tax credits to develop thirty -four (34) units of affordable, single - family rental property in the Apple Blossom Subdivision. Staff recommends approval. Synopsis: The resolution would authorize the Mayor to sign a letter of support for tax credits to develop thirty -four ( 34) units of affordable, single- family rental property in the Apple Blossom Subdivision. A portion of the funding is Low Income Housing Tax Credits through the Arkansas Development Finance Authority (ADFA). ADFA requires that all applicants for funding provide a letter of support from the chief elected official of the city where the project is to be located. The resolution was read. A roll call vote was taken and recorded as follows: Directors Hendrix, Hurst, Cazort, Wright, Wyrick, and Adcock voted in favor. Directors Richardson, Keck and Kumpuris were absent. Mayor Stodola was absent. Vice Mayor Fortson declared his vote was in favor. The resolution was adopted. The Grouped Items consisted of Items 9 -13. 9. ORDINANCE NO. - LU- 08- 04 -02A — To amend the Land Use Plan (16,222) in the Heights Hillcrest Planning District from Single- Family and Multi- Family to Public Institutional; and for other purposes. Planning Commission: 6 ayes, 0 nays, 2 absent, 3 open positions. Staff recommends approval. Synopsis: A Land Use Plan amendment in the Heights Hillcrest Planning District at Hillcrest Street and Kavanaugh Boulevard from Single -Family and Multi - Family to Public Institutional for future development. 10. ORDINANCE NO. Z- 6323 -L — Approving a modification to a Planned Zoning Development titled The Village at Rattling Road Lot 911 Revised PCD, located at 24 Rattling Circle, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission. 6 ayes, 0 nays, 2 absent, 3 open positions. Staff recommends approval. Synopsis: The applicant is requesting a revision to the previously approved PCD to allow the placement of a covered parking structure and a three (3) -car garage within the rear parking lot of this existing office building. 11. ORDINANCE NO. Z- 7626 -A — Approving a Planned Zoning Development and establishing a Planned Office District titled Joe T. Robinson Middle School Long -Form PD -O, located at 21001 Highway 10, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes, 0 nays, 2 absent, 3 open positions. Staff recommends approval. Synopsis: The applicant is seeking a rezoning of the site from R -2, Single - Family to Planned Office Development to allow the existing school to place a new drive inconsistent with the typical standards established by the Highway 10 Design Overlay District. Minutes Little Rock Board of Directors Meeting January 20, 2009 6:00 PM 12. ORDINANCE NO. Expressing the intent of the City of Little Rock, Arkansas, to issue revenue bonds and to reimburse from the proceeds of those revenue and bonds preliminary costs incurred in the construction, equipping, improvement, expansion and acquisition of various real property, fixtures and equipment related to the construction of a manufacturing and distribution facility project located within the City of Little Rock at the Port of Little Rock; and setting forth other matters pertaining thereto. (Novus International, Inc.) Staff recommends approval. 13. ORDINANCE NO. Condemning Certain Structures in the City of Little Rock, Arkansas, as structural, fire and health hazards; providing for summary abatement procedures; directing the City Attorney to take such action as is necessary to raze and remove said structures; declaring an emergency; and for other purposes. Staff recommends approval. Synopsis: The structures at 5008 and 5010 West 65th Street have become rundown, dilapidated, unsightly, dangerous, and detrimental to the public welfare of the citizens of the City of Little Rock, Arkansas, despite the City's efforts to work with F &F Corporation, the owner of the properties, to rehabilitate the structures. The grouped items (Items 9 -13) were read the first time. Vice Mayor Fortson announced the second and third readings would occur on February 3, 2009. 14. RESOLUTION (Item was deferred to date uncertain). In support of the amendment of state law to allow the Capitol Zoning District Commission to enter into agreements with the City for enforcement of zoning and certain other types of regulations through stop work orders, citations, and fines; and for other purposes. Synopsis: The Capitol Zoning Commission seeks support for legislation in the 2009 session to amend state law to allow the Commission to enter into agreements with the City for enforcement of zoning and certain other types of regulations through stop work orders, citations and fines. 15. ORDINANCE - Z- 4524 -G — Approving a Planned Zoning Development and establishing a Planned Office District titled GCC Addition Lot 2 Short -Form POD, located at 13000 Cantrell Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes, 0 nays, 2 absent, 3 open positions. Staff recommends approval. Synopsis: The request is a rezoning to POD to allow the subdivision of an existing 2.9 -acre lot into two (2) lots with lot areas less than the two (2)- acre typical minimum requirement per the Highway 10 Design Overlay District. The ordinance was read the first time. The second and third readings are to be held on February 3, 2009. PUBLIC HEARINGS (Item Deferred to February 3, 2009) 16. ORDINANCE - Z -8404- Approving a Planned Zoning Development and establishing a Planned Commercial District titled the Dog House Short -Form PCD located at 2619 Kavanaugh Boulevard, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: I aye, 9 nays, 0 absent. Staff recommends approval. Minutes Little Rock Board of Directors Meeting January 20, 2009 6:00 PM Synopsis: The request is an appeal of the Planning Commission's recommendation of denial of a rezoning to this site from C -3, General Commercial District to PCD to allow the addition of an outdoor play area for pets as an allowable activity behind the existing building. 17. REPORT - City of Little Rock Board of Director's Board and Commission Updates. There were no updates. CITIZENS COMMUNICATIONS Vice Mayor Fortson announced that no speaker cards had been turned in tonight for the Citizens Communication portion of the agenda. Director Cazort made a motion to recess the meeting; Director Adcock seconded the motion, and by unanimous vice vote the meeting was recessed to February 3, 2009. ATTEST: '.7,% 4; 7m, Z/ N cy Woo City erk