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HomeMy WebLinkAbout03-19-02Agenda: 3 -19 -02 MINUTES Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas March 19, 2002 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey presiding. The roll was called by City Clerk, Nancy Wood, with the following Directors present: Hinton, Pugh, Stewart, Graves, Lichty, Kumpuris, Keck, Adcock, Wyrick, and Mayor Dailey. Vice Mayor Cazort and Director Wyrick absent at roll call. Vice Mayor Cazort enrolled at 6:10 PM. Director Lichty gave the invocation, which was followed by the Pledge of Allegiance. Modifications included the following: M -1. Presentation of Achievement for Excellence in Reporting — Ms. Linda Baker M -2. Resolution 11,240 — Authorizing the City Manager to enter into contract negotiations with Little Rock Career Development Center, Inc. to provide summer and year round education, workforce and support services to eligible Little Rock Youth in an amount not to exceed $251,000 payable from Workforce Investment Act Funds; and for other purposes. A motion was made by Director Adcock to add the modifications to the agenda. Director Lichty seconded the motion, and by unanimous voice vote of the board members present, the agenda was modified. PRESENTATIONS: City Beautiful Annual Landscape Awards — Mr. Nash Abrams presented the awards as follows: Mr. Abrams announced that there were nine awards in three categories, which were 1) Exceeding Requirements 2) Continuing Excellence in Landscaping 3) Voluntary Upgrades. Each winner received a plaque with their company name, their winning category and the date, and a complementary long stemmed red rose from Francis Flower Shop. The winners in Exceeding Requirements were: Dixie Knight Photography, Madison Heights Apartments, Lexicon Steel Company. The winners in Continuing Excellence in landscaping were: The Grove of Pleasant Valley, The Butterfly Gardens, and The Westside Creek Apartments. The winners in the Voluntary Upgrades were The Calais Forrest Apartments, The MEMS Ambulance Service, and The Empress Inn. Mr. Abrams announced that they had three sponsors this year. The sponsors were The Hunter Group, Francis Flower Shop and the Community Bakery — Main Street. Certificate of Achievement for Excellence in Reporting was presented by Ms. Linda Baker, representing the Government Finance Officers Association, presenting a Certificate of Achievement for excellence in financial reporting by the City of Little Rock. The Certificate of Achievement Program has been in operation since 1946, the purpose of the program is to encourage and assist cities prepare financial reports of the highest quality for the benefit of the citizens and other parties with a vital interest in the City's finances. It has become the premier indicator of excellence in government accounting and financial reporting. Mayor Dailey read the Certificate of Achievement into the record as follows: Certificate of Achievement of Excellence for Financial Reporting presented to the City of Little Rock for its comprehensive annual financial report for the physical year ending December 31, 2001. A certificate of achievement for the excellence in financial reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employees employee retirement systems whose comprehensive annual financing reports achieve the highest standards in government accounting and reporting. Signed by the president and executive director of the association. Mr. Bob Biles, Finance Director, and his staff were recognized for their part in the award. Mr. Steve Mansfield, President & CEO, St. Vincent's Hospital (ULI Study))— Mr. Mansfield stated their Board of Directors met with one of the participants of the Urban Agenda: 3 -19 -02 Land Institute Study as it relates to the Mid -town Development District concept. He said they produced a report and shared it with St. Vincent's Board of Directors. He stated that their board asked him to come and let the Little Rock Board of Directors know that they strongly endorse the concept of a special development district of some sort of Mid -town and the implications associated with that, believing they would be profoundly positive for the community, for St. Vincent's Infirmary and for that neighborhood. He said they were speaking of the corridor basically of Markham and University and it did affect some of the properties adjacent to that intersection but was a narrow scope, and believed it was a long term plan, not something that would make a difference overnight, but has the potential to have profound impact, and an opportunity for that area to be pro - active. Mr. Jim Lawson, Director of Planning and Development added that the Planning Commission would be doing a review, and their recommendations for a "game plan" would be brought to the board of directors in May of this year. CONSENT AGENDA 1. MOTION To approve minutes from regular board meeting: 12- 18 -02. 2. RESOLUTION NO. 11,241- To authorize the City Manager to enter into a contract with All Seasons Roofing, Inc. to supply material and labor to re -roof City Hall in the amount of $62,655. 3. MOTION To set the date of Public Hearing for April 2, 2002 on an appeal of the Planning Commission's decision to allow for expansion of the Roselawn Cemetery (Z- 7141). M -2. Resolution 11,240 — Authorizing the City Manager to enter into contract negotiations with Little Rock Career Development Center, Inc. to provide summer and year round education, workforce and support services to eligible Little Rock Youth in an amount not to exceed $251,000 payable from Workforce Investment Act Funds; and for other purposes. The Consent Agenda was read with the inclusion of Item M -2. A motion was made by Director Adcock; seconded by Vice mayor Cazort; to adopt the Consent Agenda. By unanimous voice vote of the board members present, the Consent Agenda was adopted. The Grouped items consisted of Items 4 -12. Mayor Dailey announced that Item 10 was a Public Hearing and Ordinance, but if there were no speakers either for or against the proposed ordinance he would open and close the hearing and then it could be included in the grouped items. Mayor Dailey opened the public hearing. There was no one present to speak in favor or in opposition of the ordinance. Mayor Dailey closed the public hearing. 4. ORDINANCE NO. 18,653 - Z -6789 - Repealing Ordinance No. 18, 213 and revoking a Planned Zoning District titled Hyde Park Short -Form PRD located along the north and south sides of Westglen Drive, west of Gamble Road; and for other purposes. . 5. ORDINANCE NO. 18,654 - Z- 6611 -A — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Lewis Short -Form PCD located at 508 Bond Street in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 11 yes,) no.) Staff recommends approval. 6. ORDINANCE NO. 18,655 - Z- 6891 -A - Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled Fricklin's Short -Form Revised PD -R located on the west side of Gamble Road, approximately 600 feet south of West Markham Street in the City of Little Rock, Arkansas, amending Ordinance No. 18,459 and amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 11 yes, 0 no.) Staff recommends approval. 2 Agenda: 3 -19 -02 7. ORDINANCE NO. 18,656 - LU01- 08 -01— To amend the Land Use Plan (16,222) in the Central City Planning District from Mixed Use, Public Institutional, Mixed Office Commercial, and Single Family to Public Institutional and Multi - Family; and for other purposes. (Planning Commission: 9 yes, 0 no, 1 absent.) Staff recommends approval. 8. ORDINANCE NO. 18, 657 - Z- 2559 -D — Repealing Ordinance No. 17, 117, revoking Westside Junior High School Short-Form POD (Z- 2559 -B) and repealing Ordinance No. 17, 506, revoking CCDC Westside School Revised POD (Z- 2559 -C) and approving a Planned Zoning Development and establishing a Planned Residential District titled — Westside Junior High School Short -Form PRD located on the west side of the 1300 Block of Marshall Street in the City of Little Rock, Arkansas amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 11 yes, 0 no.) Staff recommends approval. 9. ORDINANCE NO. 18,658 - Z -7129 - Approving a Planned Zoning Development and Establishing a Planned Commercial District titled - MTM Salon and Supplies Short -Form PCD located at 9201 Asher Avenue in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 8 yes, 1 no, 2 absent.) Staff recommends approval. 10. PUBLIC HEARING & ORDINANCE NO. 18,659 - To vacate a public utility easement in Lot 56 of Replat of Plot C Wingate Addition to the City of Little Rock, Arkansas. 11. ORDINANCE NO. 18,660 -- To authorize the City Manager to enter into an agreement providing $72,000 in CDBG funds to the Central Arkansas Area Agency on Aging (CareLink). 12. ORDINANCE NO. 18,661 - To approve a contract between Rebuilding Together Central Arkansas and the City of Little Rock for the Rebuilding Together Central Arkansas Program within the City; to waive competitive bidding and for other purposes. The ordinances were read the first time. The rules were suspended by two - thirds vote of the board members present to provide for the second and third readings of the ordinances. The ordinances were read the second and third times. By unanimous voice vote of the board members present, the ordinances were passed. 13. ORDINANCE NO. 18,662 - S- 1329 -A — 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 of minimum lot width and a variance of the minimum platted side building line adjacent to a collector street for Covenant Cove — Preliminary Plat, located at the southeast corner of Rutgers Drive and Lehigh Drive. (Planning Commission: 6 yes, 4 no, 1 absent). Staff recommends approval. (1" reading: 2- 19 -02) (2 "d reading 3- 5 -02). 14. ORDINANCE NO. 18,663 - Z -7113 — Approving a Planned Zoning Development and establishing a Planned Residential District titled Covenant Cove — Long Form PDR located at the southwest corner of Rutgers Drive and Lehigh Drive in the City of Little Rock, Arkansas amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 6 yes, 4 no, 1 absent). Staff recommends approval. (1" reading: 2- 19 -02) (2 "d reading 3 -5 -02) Mr. Jim Lawson, Director of Planning and Development, gave an overview of the progress made since the meeting of March 5, 2002. Mr. Lawson updated the board saying that staff met with neighborhood leaders , the applicant, and three board members. He said there was a good exchange, and the bottom line was the people in the neighborhood of Campus Place and Kensington wanted some changes to be made and those have been made. He stated the first issue had to do with the wooden fence; and thought that everyone had agreed now that the fence is the best thing to do. One request was for more open space. One lot has been dropped and will be shown as an open space Agenda. 3 -19 -02 area as part of the development. Another concern was the entire area would access to Romine Road. The developer has put in another street that would go from Lehigh to Romine Road. Another concern was the entire review process of the total number of lots. The neighborhood representatives have asked for a total of 48 and the applicant has reduced the number of lots to 51. There was also some concern about how the homes were oriented to the internal area. The applicant has turned those around so the homes orient to the outside to the major roads in the area. Another concern was that the lots that front the neighborhood on the outside were very narrow; so those have been increased. The applicant has agreed to have a mixture of one and two story homes. Mr. Lawson said from a staff standpoint, felt the applicants have done a good job and have tried as best they can with the type of development they have proposed, to address the concerns of the neighbors. Mr. Lawson said everything that has been agreed to and submitted to staff is part of the files and the applicant is bound to it. Ms. Pam Courtney, the developer, thanked the neighborhood saying she felt the meeting was good and productive. She said she was able to address the majority of the neighbors concerns that were addressed at the last meetings that they felt were the most important. Ms. Courtney said the main issues were those that Mr. Lawson had just mentioned, and felt that all of them had been addressed. Ms. Courtney stated there would be no homes less than fifteen hundred square feet. She said some homes will be one level and some would be two stories, and some would be in the two thousand square foot range. Director Stewart asked if there was one sticking point that she and the neighborhood were unable to agree upon. Ms. Courtney stated that the neighborhood wanted the number of lots to be a smaller number (48), but that due to the economic impact it would have she was not able to achieve that, but did reduce the number from 48 to 51. Ms. Pearlie Ratliff, 9406 Vanderbilt Drive, and Mr. James DeVries, 9502 Vanderbilt Drive, Mr. Edie Calloway, 2802 Romine Road, Mr. Michael Booker, P.O. Box 45154, Mr. Larry Bledsoe, 9907 Suffolk Dr., Mr. Brad Norris, 9409 Dartmouth, spoke in opposition to the development saying that it was correct that the neighbors made recommendations, and the developer did make compromises, but felt the green space was insufficient, there still are no parks for the children, they still considered the lots too small, possible drainage problems, and were still opposed to the project as presented, and wanted to keep the R -2 zoning. Mr. Jim Lawson, Director of Planning and Development, stated staff thought it was a good project and would work well in that area. Director Adcock added that the meeting with the neighborhood and developer was on a Thursday evening, and she was at that meeting, and the neighborhood presented all their requests. Ms. Courtney wrote down each request and addressed each one. The neighborhoods asked her to have them done, by Friday or Monday, a complete redrawing. Ms. Courtney's engineer was present, and they delivered the redrawing to the board Monday afternoon at 4:30, and were presented at a meeting that evening. Director Adcock said she was surprised at the opposition, that she or Director Graves who also attended the meeting had not heard anything about there being any problems. She said when they left the meeting, with the exception of one person (Mr. Calloway) that if Ms. Courtney made the changes agreed to, they could see no problem with it. Ms. Courtney stated that she had no problem including a bill of assurance in this project, and would do whatever the city needed her to do as far as if the property changes hands, that the bill of assurance would have to go with it. She stated she had been extremely workable, had redeveloped the whole project to meet with the requests made by the neighbors, and was really tired. She said she had done all that had been asked; she had assured them that the bill of assurance would be given. She said as far as the drainage was concerned, she would let her engineer address that issue, but that they have met with public works, and are taking no shortcuts, have met with the fire department, have met with everyone to make sure the houses are not to close and is not a fire hazard. She said she understood the opposition of it being different, but not that it was not a good project and her homework not done on the project. Director Stewart stated it has always been the number of homes, and that is what the opposition was really about. She agreed that Ms. Courtney had compromised, but the concessions made were -- secondary, and what she was hearing was that the real opposition was the number of homes. Ms. Courtney stated that the number of homes is the reason she is before the board, that if her development were for the lesser number of homes she would not have to be here. She said the number of homes is strictly economical; it's cost, to put in the infrastructure in the infill area. She said she made it a point to develop the area in a way that these would not be tax credit homes, as she did not feel this type of home would fit that area. Ms. Courtney said these homes would be one hundred thousand dollar and up 4 Agenda: 3 -19 -02 homes, and they would be homes that would compliment the homes already in that area. The number would not be beneficial for her to build forty -four homes. She stated that at the last meeting she attended, the number was an issue, but was not the consensus of the meeting. She said she specifically wrote down, someone was taking notes, that if these changes were made, the neighbors could live with the number. Director Graves stated that her recall of the meeting was the same as Ms. Courtney's. Director Graves stated that she had friends living in Dallas, and some of those homes were on zero lot lines, and some were twenty years old, and that is how they develop in major cities. Director Adcock asked Mr. Pat McGettrick, engineer for the development, about the drainage issue. Mr. McGettrick stated the drainage comes to two off site positions across the property. It would be in pipe, buried underground and it would meet the detention requirements with over sizing the underground piping. The water would be piped across the site and released through a controlled structure to obtain the detention requirements. The ordinances (Items 13 and 14) were read the third time. A roll call cote was taken and recorded as follows: Directors: Hinton, Pugh, Graves, Lichty, Keck, Kumpuris, Adcock, Vice Mayor Cazort, Mayor Dailey voted yes. Director Stewart voted no. The vote was recorded as 9 yes, 1 no. The ordinances were passed. 15. ORDINANCE - To amend Chapter 6 of the Code of Ordinances pertaining to Animal Services General Provisions. (Ordinance forthcoming.)Deferred to April 2, 2002. Mr. Bruce Moore, Acting City Manager, stated it was staff's recommendation that there be a first reading only on this ordinance. Mr. Don Darnell, 7007 E. Wakefield Drive, said he had only one point on the proposed ordinance, and it was listed on page 2 of 12, where "At Large" is defined, regarding animals that will be required to be confined or protected as opposed to what animals would be allowed to roam freely. He stated the intent as he understood it from the Advisory Board, restraining animals, confining animals is two part; to protect he animal and to protect people and other animals from the animal hurting it. The current working draft of the ordinance requires that only dogs be confined. He said his request is that on line 9 of page 2, the definition of "At Large" the reference to a dog be stricken and replaced with any domesticated animal which is defined immediately below this listing, and that on line 12 the two references to a dog be changed to animal and that is referring to domesticated animals defined on line 23. Ms. Pam Adcock, Chair of the Animal Services Advisory Board answered questions from the board of directors. Vice Mayor Cazort asked if this were not just the first step of several parts of the animal ordinance to be amended. Ms. Adcock answered that was correct, and handed out an outline as a guide of what would be coming to the board. She said they hoped to get a lot of public input on the cat issue, and come back to the board with a recommendation. Mr. Carpenter added that on page 9 and 10, are two provisions that have caused his staff some concern. One is on Page 9, Subsection D, dealing with the city's ability to seize any injured or diseased animal immediately, and they were going to try to work through exactly what the city is dealing with. The second part in Subsection H on Page 10 is a provision that if the city has seized an animal or taken it under control and had given services, before it is returned to the owner, the owner would be responsible for paying for those services. They had added an additional clause that has the condition that states unless the owner shows proof that the animal had been undergoing treatment by a veterinarian at the time, the animal would be seized ,because it appears to be sick, but he owner was taking care of it, and if it was treated while the city had control of it, the owner would not have to pay for the services. Mr. Carpenter said they would try and get these issues worked out between tonight and the next meeting. Director Adcock asked Ms. Adcock to cover the "Pooper Scooper" provision. Ms. Adcock stated it was in Section 6 -3 under Sanitary Conditions, Section C. She said basically what this provision does is give the citizen the opportunity to file a civil case against the party that keeps allowing his dog to poop in their yard. She explained that Animal Services couldn't write -- tickets for this without seeing the dog actually do it. She said they had done research on this, and had a lot of public input. Director Lichty asked if the provision included city right of way. She answered that it includes public property or private property. Director Hinton asked what the fine for this would be. Mr. Carpenter stated the fines could be up to $500.. The ordinance was read the first time, and deferred to the meeting of April 2, 2002. 5 Agenda: 3 -19 -02 16. PUBLIC HEARING & ORDINANCE - For the establishment of Kanis Road Improvement District No. 10. (Deferred to April 2, 2002.) Mayor Dailey declared the public hearing open. Mr. Ted Upshaw, asked the board to defer this item for thirty days saying their notification was sent to the wrong address. Vice Mayor Cazort moved to defer the item to the 2 "a meeting in April, Director Adcock seconded the motion. Director Keck said there are a group of property owners who have gone through the process and have the required number of signatures and are ready to move forward. He said he would b supportive of a two -week delay. He offered to amend the motion to be a 2 -week deferral rather than a thirty -day. Director Lichty seconded the motion. By unanimous voice vote of the board members present, the motion carried, and the hearing and ordinance was deferred to April 2, 2002. Mayor Dailey declared the public hearing closed. 17. REPORT - Little Rock Board of Directors Vice Mayor Cazort handed out the Annual Report of the Little Rock Zoo. Director Kumpuris announced that Director Keck had been accepted into The Crisis Management Program at the John F. Kennedy School of Government at Harvard University. Director Kumpuris felt this was a prestigious appointment and a great honor for Director Keck to be accepted. 18. REPORT - City Manager's Activity Report - Mr. Moore, Acting City manager announced there was no report for this meeting. 19. RESOLUTION NO. 11,242 - Appointments to various Boards and Commissions. Director Adcock made a motion, seconded by Director Kumpuris to go into Executive Session to consider appointments to the boards and commissions. By unanimous voice vote of the board members present, the meeting was recessed at 7:55 for Executive Session to make appointments to various boards and commission. Mr. Bruce Moore, Acting City Manager, read the nominations for appointment as listed: MacArthur Military History Museum: Dr. Glen R. Davis, Dr. W. Turner Harris, Mr. Jason Hendren, Ms. Linda Norton, Mr. John Fordyce, Mr. Hermann Ivester, Mr. Van Moore, and Mr. Steve Strasssle. Racial and Cultural Diversity Commission: Ms. Leta Anthony, Ms. Mabelene Hill, Mr. Karl Perman, and Mr. Mark Johnson. Director Adcock made the motion to make the recommended appointments to the commissions; Director Keck seconded the motion, and by unanimous voice vote of the board members present, the appointments were approved. CITIZENS COMMUNICATIONS Ms. Mollie Irvin, 507 Deerbrook Drive, addressed the issue of obtaining a light at Barrow Road and Henderson Junior High School. She said 174 tickets had been issued in less than 16 hours. She asked for zero tolerance, and asked how much the fines for these tickets were and who gets the money. Mr. Carpenter, City Attorney, answered that the general answer is that the fine goes to the city, the court costs go to the county and the state to pay for the cost of the judicial officers and the prosecuting attorneys, and that certain probation costs go to the city to help pay for certain probation fees, this being determined by state law. He said the amounts vary with each ticket. Several directors asked for information on priority warranted lights. Vice Mayor Cazort made a motion to recess this meeting to reconvene on March 26, 2002 to purposes of a resolution of support for an economic development project. Director Adcock seconded the motion, and by unanimous voice vote of the board members present; the meeting was recessed at 8:30 PM. ATTEST: �. a cy W d Cfly Clerk APPROVED: n 1. Dailey ayor