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06-16-09Little Rock Board of Directors Meeting June 16, 2009 6:00 PM Little Rock Board of Directors Meeting June 16, 2009 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting with Mayor Mark Stodola presiding. Acting City Clerk Susan Langley called the roll with the following Directors present: Hendrix; Richardson; Hurst; Cazort; Keck; Wright; Wyrick; Kumpuris; Adcock; Vice Mayor Fortson; and Mayor Stodola. Director Cazort delivered the invocation, which was followed by the Pledge of Allegiance. Mayor Stodola recognized members of Boy Scout Troop 604 from Second Presbyterian Church who were in attendance at the meeting working on their Citizenship in the Community Badges. ADDITIONS M -1. RESOLUTION NO. 12,993: To authorize the Mayor to issue a letter of support on behalf of the Black Community Developers, Inc., application to the Arkansas Development Finance Authority for HOME Funds for the development of an Empowerment Center in the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. Synopsis: Black Community Developers is applying for HOME Funds through the Arkansas Finance Development Authority (ADFA) in the development of the Empowerment Center. The Center is a state of the art facility providing prevention, intervention and treatment services, as well as life skills training. Director Richardson made the motion, seconded by Director Adcock, to add M -1 to the Consent Agenda. By unanimous voice vote of the Board Members present, M -1 was added to the Consent Agenda. M -2. RESOLUTION NO. 12,992: To Authorize the appointment of Mr. Jay Hartman to the Board of Commissioners of Central Arkansas Water; and for other purposes. Director Keck made the motion, seconded by Director Adcock, to add M -2 to the Consent Agenda. By unanimous voice vote of the Board Members present, M -2 was added to the Consent Agenda. DEFERRALS 7. ORDINANCE; LU- 09- 04 -01: A Land Use Plan Amendment (16,222) in the Heights Hillcrest Planning District from Residential High Density (Multi- Family) to Office; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. (Deferred from June 2, 2009, at the applicant's request) (Deferred to July 7, 2009 at applicant's request) 1 Little Rock Board of Directors Meeting June 16, 2009 6:00 PM Synopsis: A Land Use Plan amendment in the Heights Hillcrest Planning District from Residential High Density (Multi - Family to Office for future development. 8. ORDINANCE; Z- 8445: Establishing a Planned Zoning District titled C Street Surgery Center Short-Form PD -O, located at 5910 C Street, Little Rock, Arkansas, amending the Official Zoning map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff'recommends approval. (Deferred from June 2, 2009, at the applicant's request) (Deferred to July 7, 2009, at applicant's request) Synopsis: The applicant is requesting a rezoning of the site from R -3, Single- Family to PD -O to allow construction of a surgery center. The request also includes the rezoning of an existing R -3, Single - Family zoned parking lot located immediately west of the surgery center. Director Hurst made the motion, seconded by Director Adcock, to defer Items 7 and 8 until July 7, 2009. By unanimous voice vote of the Board Members present, Items 7 and 8 were deferred until July 7, 2009. Regarding Item #9, Director Keck stated that it was his understanding that the applicant had amended the application to move forward without the three (3), six (6) -story structures. Director Keck made the motion, seconded by Director Adcock, for the Board to approve the amendment and then group Item 9 with Item 6. By unanimous voice vote of the Board Members present, the amendment was approved. CONSENT AGENDA (Items 1 - 4) 1. MOTION: To approve minutes of the Little Rock Board of Directors Meetings of March 3, 2009, April 7, 2009, and the Little Rock Board of Directors Reconvened Meeting of March 10, 2009. 2. RESOLUTION NO. 12,988: To authorize the City Manager to enter into a contract with the Little Rock School District to continue a School Resource Officer Program in the Little Rock School District, beginning October 1, 2009, and ending September 30, 2010. Staff recommends approval. Synopsis: The contract with the Little Rock School District will remain essentially unchanged from the previous contract. For the 2009 Agreement, the number of Police Officers will be increased from thirteen (13) to fourteen (14), and the Supervisor will remain at one (1). The contract was updated with current reimbursements details. The contract will provide for a one (l) -year term with the option to renew for two (2) additional terms. 3. RESOLUTION NO. 12,989: Authorizing the purchase of certain real property located in the vicinity of the Little Rock Port Industrial Park; authorizing the Mayor and City Clerk to accept a Warranty Deed for the conveyance; and for other purposes. Staff recommends approval. Synopsis: The resolution permits the purchase of 155.46 acres of land formerly owned by Man Industries of India for the benefit of the Little Rock Port Authority. The site is included in the Port's Long Range Growth Plan. 2 Little Rock Board of Directors Meeting June 16, 2009 6:00 PM 4. RESOLUTION NO. 12,990: To authorize the City Manager to enter into a contract with Associates Closing & Title, D /B /A RDI Records, LLC, for title search and commitment services for properties submitted by the City's Landbank Commission and Housing and Neighborhood Programs Department; and for other purposes. Staff recommends approval. Synopsis: Community Development Block Grant funding for these services was approved in the 2007 and 2007 Consolidated Plans. Director Adcock made the motion, seconded by Director Cazort, to adopt the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was adopted. SEPARATE ITEMS (Items 5A — 513) Mayor Stodola stated that of the cards he had received on both Items 5A and 513, there were individuals that had indicated that they wanted to speak on both items. Mayor Stodola stated that he would like to go ahead and have the discussion for both items at the same time. 5A. ORDINANCE: To establish a goal of minority participation on City Boards and Commissions that reflects, to the extent possible, the ethnic and gender diversity of the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Richardson, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Wright, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. Morris Holmes, 2201 Broadway Street: Stated that City Government needed to be fully representative of the racial make -up of the City. Mr. Holmes stated that a resolution was too weak; a law was needed. Crystal Gray, 28 Whitmore Circle: Encouraged the Board to approve the ordinance. Annie Abrams, 1925 Wolfe Street: Stated that Boards and Commissions gave the citizens of Little Rock an opportunity to connect with City Government, and she urged the Board to approve the ordinance and not the resolution. Director Kumpuris asked City Attorney Tom Carpenter if there was a difference in the weight attached to an ordinance or resolution. City Attorney Carpenter stated that there was not a difference. Director Kumpuris asked City Manager Bruce Moore if there was a difference in magnitude in which he carried out a resolution or ordinance. City Manager Moore stated that there would be no difference in how he carried out the implementation of an ordinance or resolution. 3 Little Rock Board of Directors Meeting June 16, 2009 6:00 PM Chris Love, 70 Kings Park Road: Stated that he was the Vice Chair of the Racial and Cultural Diversity Commission and that the Commission continued to advocate for the passing of the ordinance. Ruth Bell, 7611 Briarwood Drive: Stated that the League of Women Voters voted to encourage the Board to support the passing of the resolution. Director Wright made the motion, seconded by Director Keck, to call the question on the vote. By unanimous voice vote of the Board Members present, the question was called. By roll call vote of the Board Members present, the votes were as follows: Ayes: Hendrix; Richardson; Wright; and Wyrick. Nays: Hurst; Cazort; Keck; Kumpuris; Adcock; and Vice Mayor Fortson. By a vote of 4 ayes and 6 nays, the ordinance failed. 513. RESOLUTION NO 12,991: To strive for more inclusive membership on City Boards and Commissions to achieve, to the extent possible, the range of diversity of the citizens of the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. Director Keck made the motion, seconded by Director Adcock, to approve the resolution. By roll call vote of the Board Members present, the votes were as follows: Ayes: Hurst; Cazort; Keck; Wyrick; Kumpuris; Adcock; and Vice Mayor Fortson. Nays: Hendrix; Richardson; and Wright. By a vote of 7 ayes and 3 nays, the resolution was approved. GROUPED ITEMS (Items 6 and 9) 6. ORDINANCE NO. 20,117; MSP2008: Approving a Master Street Plan for the Little Rock Planning Area and related matters repealing Ordinance No. 19,152; and for other purposes. Planning Commission: 10 ayes; 0 nays; 1 absent. Staff recommends approval. Synopsis: A new draft of the Master Street Plan to update the document as a whole to ensure the plan is correct. 9. ORDINANCE NO. 20,118; Z- 3862 -D: Approving a Planned Zoning Development and establishing a Planned Residential District titled Parkway Village Revised Long - Form PD -R located at 14300 Chenal Parkway, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes; I nay; 2 absent. Staff recommends approval. Synopsis: The applicant is requesting to amend the previously approved PD -R to allow for construction of additional residential living facilities on the site. The ordinances were read the first time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a second time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinances on third reading. By I Little Rock Board of Directors Meeting June 16, 2009 6:00 PM unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a third time. By unanimous voice vote of the Board Members present, the ordinances were approved. PUBLIC HEARINGS (Items 10 —11) Director Wyrick stated that she would have to recuse on Item 10 due to the fact that her son -in -law worked at the law firm involved. 10. ORDINANCE NO. 20,119: For the issuance and sale of Capital Improvement Construction and Refunding Revenue Bonds for the purpose of funding the acquisition, construction and equipping of Zoo, Parks and Recreational improvements in the City of Little Rock, Arkansas; for the purpose of refunding outstanding Capital Improvements Revenue Bonds (Parks and Recreation Projects) Series 1998A; pledging revenues sufficient to pay the principal of and interest on the bonds; authorizing the execution and delivery of a master trust indenture and supplemental trust indentures; authorizing the accomplishment of the Zoo, Parks and Recreation Projects; approving an official statement; prescribing other matter relating thereto; and declaring an emergency. Staff recommends approval. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. Mayor Stodola opened the public hearing and asked if there was anyone present that wanted to speak to the issue. Bobbie Nichols, Stephens Underwriters: Reported that the final size of the bonds was $12,120,000. The new money piece was sold at $7,830,000; bringing the total combined size of the bonds to $19,950,000. Mayor Stodola closed the public hearing. By unanimous voice vote of the Board Members present, the ordinance was approved. By unanimous voice vote of the Board Members present, the emergency clause was approved. 5 Little Rock Board of Directors Meeting June 16, 2009 6:00 PM 11. ORDINANCE NO. 20,123; G -23 -407: Abandonment of the platted, but undeveloped, forty (40) -foot wide Asbury Road Right -of -Way located south of Kanis Road. Planning Commission: 10 ayes,- 0 nays; I absent. Staff recommends approval. Synopsis: The abutting property owners are requesting abandonment of the platted, but undeveloped, forty (40) -foot wide Asbury Road Right -of -Way located south of Kanis Road. (This is adjacent to tracts 10, 11, 13, 14, 15 and 16 of Asbury Acres.) Mayor Stodola opened the public hearing and asked if there was anyone present that wanted to speak to the issue. There being no one present to speak on the issue, Mayor Stodola closed the public hearing. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. By unanimous voice vote of the Board Members present, the ordinance was approved. OTHER BUSINESS (Items 12 —14) 12. ORDINANCE NO. 20,120: To Amend Little Rock, Arkansas, Revised Code Chapter 6, Article III (1988); and for other purposes. Staffrecommends approval. Synopsis: In response to concerns regarding the numbers of tame, domesticated cats at the Little Rock Animal Village that are not claimed by their owners and to address issues related to the free - roaming cats, aggressive cats and the humane care of cats, the Animal Services Advisory Board proposes new legislation to regulate cat ownership within the City Limits. Mayor Stodola indicated that he would like for the ordinance to be kept on first reading; to add an amendment that would provide for owners to be given a warning as a first element. City Manager Moore stated that if an animal is picked up and staff does not know the owner, the animal is taken to the shelter. If the owner identifies the animal, they will be required to pay the impoundment fee and will be given ten (10) days to comply with the ordinance. Director Adcock asked if the amendment could be made that evening so that the Board could vote on the ordinance. Mayor Stodola stated that if the motion was made at the end of the discussion, it could be included. Director Keck asked if the same rules applied to dog owners. Animal Services Manager Tracy Roark stated that under the most recent amendment to the Pit Bull Ordinance, a ninety (90) -day grace period for compliance was given to some of the owners. Presently, once a pit bull is identified that has not been previously registered; the owner is given a ten (10) -day notice to comply with the ordinance. Cel Little Rock Board of Directors Meeting June 16, 2009 6:00 PM The ordinance was read the first time. Director Adcock made the motion, seconded by Director Kumpuris, to amend the ordinance stating that upon the first violation, the City would issue a warning and that there would be no fine given for cats that were picked up for the first violation, beyond the boarding fee, and the owner of the cat would be given ten (10) days to comply with the ordinance. By unanimous voice vote of the Board Members present, the ordinance was amended. Director Adcock made the motion, seconded by Director Keck, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Hurst, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. By voice vote of the Board Members present, the ordinance was approved. It was brought to the attention of the Mayor that those that had signed up to speak on the issue were not given the opportunity to do so. Director Adcock made the motion, seconded by Director Keck, to expunge the vote so that the citizens present would have the opportunity to speak on the issue. By unanimous voice vote of the Board Members present, the vote was expunged. Ann Sanders, 7600 Bauxite Highway: Stated that she was the President of the Saline County Humane Society, and they supported the proposed ordinance and would be willing to host low -cost spay /neuter clinics and micro - chipping for the citizens of Little Rock. Kathy Woods, 111 Normand: Stated that she was with Out of the Woods, a local rescue organization, and they supported the proposed ordinance. Joe Ghormley, 6 Athena Court: Stated that he was a member of the Little Rock Animal Services Advisory Committee and had worked on the committee that wrote the proposed ordinance. Dan Scheiman, 708 Rose Street: Stated that he represented Audubon Arkansas and he was in support of the proposed ordinance. Kimberly Landrum, 1409 Pine Valley: Stated that she was a member of the Little Rock Animal Services Advisory Committee and urged to Board to support the proposed ordinance. Angela Leake, 5423 Edgewood Road: Stated that she was the Chair of the Little Rock Animal Services Advisory Committee and urged to Board to support the proposed ordinance. Lucy Towbin, 7305 Apache Road: Stated that she did not support the proposed ordinance. Ms. Towbin indicated that individuals that did not want to pay to have their cats spayed or neutered and micro - chipped might quit taking them to the vet for their yearly shots due to the fact that they would not want to be turned in for non - compliance. 7 Little Rock Board of Directors Meeting June 16, 2009 6:00 PM Kathy Graves, 124 Pearl Avenue: Stated that it was hard for individuals on a fixed- income to have their cats spayed and neutered, and that she was not in support of the proposed ordinance. Director Kumpuris asked if the cat would be sterilized when it was found regardless of if it were age appropriate. Mr. Roark stated that four (4) months was when an animal was required to be registered in the City; therefore, four (4) months would be the age that a cat would be required to be spayed or neutered. Director Adcock made the motion, seconded by Director Keck, to amend the ordinance to include the language that if a veterinarian determined that an animal was unable to withstand the spay and neuter surgery, it would not be necessary. By unanimous voice vote of the Board Members present, the ordinance was amended. The amended ordinance was read the first time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the amended ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the amended ordinance was read a second time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the amended ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the amended ordinance was read a third time. By roll call vote of the Board Members present, the votes were as follows: Ayes: Hendrix; Richardson; Hurst; Cazort; Keck; Wright; Wyrick; Kumpuris; Adcock; and Vice Mayor Fortson. By a vote of 10 ayes and 0 nays, the amended ordinance was approved. 13. ORDINANCE NO. 20,121: To amend and clarify Little Rock, Arkansas, Revised Code Chapter 6, Article II (1988); and for other purposes. Staff recommends approval. Synopsis: General housekeeping review of Little Rock, Arkansas, Revised Code Chapter 6, Article 11, identified several provisions that need correction, clarification or recognition. The proposed ordinance provides for those needed changes. The ordinance was read the first time. Director Keck made the motion, seconded by Director Adcock, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Keck made the motion, seconded by Director Adcock, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. By roll call vote of the Board Members present, the votes were as follows: Ayes: Hendrix; Richardson; Hurst; Cazort; Keck; Wright; Wyrick; Kumpuris; and Vice Mayor Fortson. Nays: Adcock. By a vote of 9 ayes and 1 nay, the ordinance was approved. Little Rock Board of Directors Meeting June 16, 2009 6:00 PM 14. ORDINANCE NO. 20,122: To amend Chapter 17, Article II of the Little Rock, Arkansas, Revised Code of 1988 as to additional requirements of for - profit food establishments; to declare and emergency; and for other purposes. Staff recommends approval. The ordinance was read the first time. Director Keck made the motion, seconded by Director Richardson, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Keck made the motion, seconded by Director Richardson, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. By unanimous voice vote of the Board Members present, the ordinance was approved. By unanimous voice vote of the Board Members present, the emergency clause was passed. CITIZEN'S COMMUNICATION Luke Skrable, 9602 Woodford Drive: Spoke about the freedoms that citizens are given and the right of privilege. Director Keck made the motion, seconded by Director Richardson, to recess the meeting until June 30, 2009, to conduct the evaluation of the City Attorney. By unanimous voice vote of the Board Members present, the meeting was recessed until June 30, 2009. ATTEST:�� APP City Clerk Mark Stocrola, Mayor 0j