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02-01-11Little Rock Board of Directors Meeting February 1, 2011 6:00 PM Little Rock Board of Directors Meeting February 1, 2011 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting with Mayor Mark Stodola presiding. City Clerk Susan Langley called the roll with the following Directors present: Hendrix; Richardson; Hurst; Cazort; Hines; Wyrick; Fortson; Adcock; and Mayor Stodola. Director Wright and Vice Mayor Kumpuris were absent. Director Hendrix delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS Vision Airlines Main Street Revitalization Committee MODIFICATIONS M -1 MOTION: To approve the minutes of the Little Rock Board of Directors Meeting of January 18, 2011, and the Little Rock Board of Directors Reconvened Meeting of January 11, 2011. M -2 DISCUSSION: 2011 Legislative Update DEFERRAL 3. RESOLUTION: To authorize the City Manager to negotiate a contract with Cultural Resource Analysis, Inc., to provide an architectural survey of the proposed Dunbar Historic District; and for other purposes. Staff recommends approval. Item deferred until February 15, 2011. Synopsis: Authorizes the City Manager to negotiate a contract with Cultural Resource Analysis, Inc., for an architectural survey of the proposed Dunbar Historic District. WITHDRAWAL 9. ORDINANCE; G -24 -423: To abandon the north forty (40) feet of the ten (10) -foot wide alley right -of -way, located within Block 4, Capitol View Addition, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes; 0 nays; I absent; and 2 open positions. Staff recommends approval. Withdrawn at the request of the applicant Synopsis: The adjacent property owner is requesting to abandon the north forty (40) feet of the ten (10) -foot wide alley right -of -way located within Block 4, Capitol View Addition. 1 Little Rock Board of Directors Meeting February 1, 2011 6:00 PM Director Richardson made the motion, seconded by Director Hendrix, to add Item M -1 to the Consent Agenda, add Item M -2 to Discussions, defer Item 3 until February 15, 2011, and to remove Item 9 from the agenda. By unanimous voice vote of the Board Members present, Item M -1 was added to the Consent Agenda, Item M -2 was added to Discussions, Item 3 was deferred until February 15, 2011, and Item 9 was removed from the agenda. CONSENT AGENDA (Items 1- 2,4 — 6 and Item M -1) 1. MOTION: To approve the minutes of the Little Rock Board of Directors Meeting of December 7, 2010, and the Little Rock Board of Directors Reconvened Meeting of December 14, 2010. 2. RESOLUTION NO. 13,263; G -23 -426: To set the date of February 15, 2011, as the date of hearing to abandon one -half block of the sixty (60) -foot wide West 17th Street right -of -way located west of Dr. Martin Luther King, Jr., Drive; and for other purposes. Planning Commission: 8 ayes; 0 nays; 1 absent; and 2 open positions. Staff recommends approval. Synopsis: Arkansas Baptist College is requesting the abandonment of the remaining one -half block of the sixty (60) -foot wide West 17`h Street right -of -way located immediately west of Dr. Martin Luther King, Jr., Drive. The block and a half of 17`h Street right -of -way extending west in Marshall Street was abandoned by the City on July 20, 2010. 4. RESOLUTION NO. 13,264: Authorizing the City Manager to enter into contract extensions with six (6) organizations to provide Youth Neighborhood -Based After - School /Out -of- School Time Programs in targeted neighborhoods; and for other purposes. Staff recommends approval. Synopsis: Authorizing an extension of the contracts with six (6) organizations to provide targeted neighborhood- based, after- school/out -of- school time programs to Little Rock youth ages six (6) — seventeen (17). 5. RESOLUTION NO. 13,265: Authorizing the City Manager to extend a contract with New Futures for Youth to provide technical assistance, youth employability, evaluation, transition program development and violence prevention; and for other purposes. Staff recommends approval. Synopsis: Authorizing an extension of the contracts with New Futures for Youth for technical assistance, youth employability, evaluation, violence prevention and transition program development. 6. RESOLUTION NO. 13,266: To authorize the City Manager to extend the contracts with six (6) organizations to provide Youth Initiative Programs (YIP) in targeted neighborhoods; and for other purposes. Staff recommends approval. Synopsis: Authorizing contract extensions with six (6) agencies to provide targeted neighborhood Youth Initiative Programs (YIP) to Little Rock youth ages thirteen (13) — eighteen (18). 2 Little Rock Board of Directors Meeting February 1, 2011 6:00 PM M -1 MOTION: To approve the minutes of the Little Rock Board of Directors Meeting of January 18, 2011, and the Little Rock Board of Directors Reconvened Meeting of January 11, 2011. Director Richardson stated that due to his employment with New Futures for Youth, he would have to recuse from voting on Items 4, 5, and 6. Director Adcock made the motion, seconded by Director Hurst, to approve the Consent Agenda. By voice vote of the Board Members present, with Director Richardson recusing on Items 4, 5, and 6, the Consent Agenda was approved. SEPARATE ITEMS (Items 7 — 8 and 10) 7. ORDINANCE NO. 20,396: To amend Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for modification of various procedures, definitions and land use regulations; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: The proposed Ordinance Amendment creates a definition of event center and specifies that event centers and private clubs are permitted only as a conditional use in the C -2, C -3 and UU zoning districts. The amendment also creates a separation requirement between such uses and a list of specific uses. 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 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 approved. Mayor Stodola asked that Item 8 and Item 10 be read together as they were related. 8. ORDINANCE NO. 20,399; Z -8556: To approve a Planned Zoning Development and establish a Planned Commercial District titled Red's Towing Inc., Short-Form PD -C, located at 2227 -2229 Wilson Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 0 nays; 0 absent; and 2 open positions. Staff recommends denial. Synopsis: The applicant is requesting a rezoning of the site from R -2, Single - Family, to PD -C to allow a towing business to operate from the site. 3 Little Rock Board of Directors Meeting February 1, 2011 6:00 PM 10. ORDINANCE NO. 20,397; G -23 -425: To abandon a portion of an unimproved twenty (20) foot right -of -way, located south of Block 3, Hick's Interurban Addition, maintaining the easement rights for existing utility and drainage purposes, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes; 0 nays; I absent; and 2 open positions. Staff recommends approval. Synopsis: the applicant is requesting the abandonment of a portion of an unimproved twenty (20) foot right -of -way located south of Block 1 Hick's Interurban Addition maintaining the easement rights for utility and drainage. The ordinances were read the first time. Director Adcock made the motion, seconded by Director Hurst, 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 unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a third time. Mayor Stodola opened the public hearing for Item 10 and asked if there were individuals present that wished to speak for or against the item. Steve Giles: Stated that he was legal counsel for the applicant, Larry "Red" Warner, Jr. Mr. Giles stated that Mr. Warner only had two (2) tow trucks and if the application were approved, he would obtain a roll -off truck; however, there would be no additional expansion. Mr. Giles explained that Mr. Warner planned to make only four (4) to five (5) vehicle trips per day, with some days there being none. In addition, Mr. Warner did not plan to make any Police calls and only towed for two (2) car dealerships within the area. Mr. Warner has proposed that the only access to the property be from 24th Street and there would be no traffic on Wilson Road. Director Adcock asked how long the business had been in operation within the neighborhood. Mr. Giles stated that the towing company itself had not been in operation; however, there had been an auto repair shop at the location since at least 1985 and that neighbors in the area have said that a business had been located at that location for many years prior to 1985. Mayor Stodola asked if the Mr. Warner would be required to make street improvements and install curb and gutter along the west property line on Wilson Road. Planning & Development Department Director Tony Bozynski stated that Mr. Warner would be required to bring the street up to Master Street Plan specifications. John Segeda, 2225 Wilson Road: Stated that he lived north of the property and that he was supportive of Mr. Warner and asked that the Board approve the application. Brian Fitzgiborn, 10200 West 24th Street: Stated that he was the only house located on 24th Street and he was in favor of Mr. Warner being able to locate his towing business at the location. M Little Rock Board of Directors Meeting February 1, 2011 6:00 PM Iry Freeman, Junior Deputy Road: Stated that he lived approximately 4 -1/2 blocks away from the property. Mr. Freeman stated that he had lived in home since 1962 and since that time, there had been some type of repair shop located on the property in question. Yancy Hooks, 2023 Nichols Street: Stated that he owned several properties in the area and that he was in support of Mr. Warner's application. Terry Burrus, 614 Center Street: Stated that he was the architect for the applicant and that he was available for any questions. Director Wyrick asked what the length of time that a Planned Zoning Development (PZD) could be held before it was revoked due to lack of development. Mr. Bozynski stated that the initial approval was for a period of three (3) years, and then a request could be made for a one (1) -time approval of a two (2) -year extension of the approval of the Planned Development. Director Wyrick asked how much of the PZD had to be completed prior to the business starting. Mr. Bozynski stated that due to the fact that the applicant was not phasing the development, the plan and improvements had to be implemented before the business is started. Mayor Stodola asked why staff supported the abandonment of the twenty (20) -foot right - of -way of 201h Street. Mr. Bozynski stated that the section of 20th Street was never improved and did not continue past Wilson Street and staff felt that abandoning the right - of -way would not have an impact on the street network now or in the future. Larry "Red" Warner, Jr.: Stated that he was an independent tower and that he moved cars around for two (2) dealerships located in the area and if he was not able to drop a car off before a business closed, he planned on taking the car back to his shop to keep it overnight for delivery the next day. Director Cazort asked Mr. Warner if he had a Used Card Dealer's License issued by the Arkansas State Police. Mr. Warner stated that he was a Wholesaler and had a license; however, he all the cars purchased were placed and sold on a lot in North Little Rock. Mayor Stodola closed the public hearing By roll call vote of the Board Members present, the vote was as follows: Yes: Hendrix; Richardson; Hurst; Cazort; Hines; Wyrick; and Fortson. No: Adcock. Absent: Wright and Kumpuris. By a vote of 7 ayes, 1 nay and 2 absent, the ordinance for Item 8 was approved. By roll call vote of the Board Members present, the vote was as follows: Yes: Hendrix; Richardson; Hurst; Cazort; Hines; Wyrick; Fortson; and Adcock. Absent: Wright and Kumpuris. By a vote of 8 ayes and 2 absent, the ordinance for Item 10 was approved. 5 Little Rock Board of Directors Meeting February 1, 2011 6:00 PM PUBLIC HEARING (Item 11) 11. ORDINANCE NO. 20,398: To annex property to the City of Little Rock Municipal Property Owners' Multipurpose Improvement District No. 26 (Taylor Park Project); to declare an emergency; and for other purposes. staff recommends approval. Mayor Stodola opened the public hearing and asked if there were individuals present that wished to speak for or against the item. There being none present, Mayor Stodola closed the public hearing 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 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 approved. CITIZEN'S COMMUNICATION There were no citizen's present that wished to speak during Citizen's Communication. OTHER ITEM (Item M -2) M -2 DISCUSSION: 2011 Legislative Update Mayor Stodola stated that the Board had been handed several drafts of legislation that the Board needed to approve for addition to the City's 2011 Legislative Package. City Attorney Tom Carpenter stated that the first proposed draft was to ask the State to modify the current Statute of Limitations for misdemeanors from one (1) -year to three (3) years. Director Cazort made the motion, seconded by Director Fortson, to add the item to the City's 2011 Legislative Package. By unanimous voice vote of the Board Members present, the motion was approved. City Attorney Carpenter stated that the second proposed draft was to ask the State to modify the current City Manager Statue to include the language that the Mayor could appoint a designee to the Fire and Police Pension Review Boards. Director Cazort made the motion, seconded by Director Hendrix, to add the item to the City's 2011 Legislative Package. By unanimous voice vote of the Board Members present, the motion was approved. Little Rock Board of Directors Meeting February 1, 2011 6:00 PM City Attorney Carpenter distributed a draft that would modify the language necessary to address the issue of disclosure for the individuals that volunteer to serve on the various City Boards and Commissions. Mayor Stodola stated that the draft was for review only and would be addressed at the next Board Meeting. Director Cazort stated that the State Legislature was already a month into their session and if the City wanted to include the issue in their 2011 Legislative Package, it would be best to recess the meeting and discuss the item in one (1) -week. Director Cazort made the motion, seconded by Director Richardson, to recess the meeting until February 8, 2011, for the purposes of discussing an item for the City's 2011 Legislative Package. By unanimous voice vote of the Board Members present, the meeting was recessed until February 8, 2011. ATTEST: 7 APPROVED: Mark Stodola, Mayor