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HomeMy WebLinkAbout03-18-03MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham March 18, 2003 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Vice Mayor Hinton Presiding. City Clerk, Nancy Wood, with the following Directors Present, called the roll: Pugh, Stewart, Adcock, Graves, Hurst, Wyrick, Kumpuris, - Cazort, Vice Mayor Hinton and Mayor Dailey. The invocation was given by Director Kumpuris, which was followed by the Pledge of Allegiance. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows: Mayor Dailey asked the Board to consider the modification listed: DELETION: 19. RESOLUTION Of support for the Chapel Ridge mixed income apartments at Barrow Road by the Arkansas Development Finance Authority; and for other purposes. (Item deleted at applicant's request.) Director Adcock made the motion to delete the item from the agenda; Director Keck seconded the motion, and by unanimous voice vote of the Board members present, the modification was made. The presentations were as follows: City Beautiful Commission — Landscape Awards presented by Mr. Nash Abrams Peabody Hotel Cultural Alliance Program — Presented by Mr. Tim Gonser Mayor Dailey recognized Boy Scout Troop 29. 1. RESOLUTION NO. 11,475 - To Name the W. W. Williams Police Substation in the Northwest sector of the City of Little Rock, Arkansas; and for other purposes. Mayor Dailey turned the meeting over to Vice Mayor Hinton. Mayor Dailey stated that very few would say this following resolution would measure up to the standard of the individual being recognized because words or naming can in no way fully capture the spirit, leadership, commitment, history and in every way the contributions that were made by Captain W. W. Williams. Mayor Dailey asked the family of W. W. Williams to join him at the podium for the reading of the resolution in total. He stated in it's short form not only does it designate the intent of the Board but says a few things about Captain Williams. Mayor Dailey introduced each family member, and read the resolution in its entirety. (The resolution is on file in the City Clerk's Office). Certified copies were prepared for each member of the immediate family. Director Adcock made the motion to adopt the resolution; Director Cazort seconded the motion and by unanimous voice vote of the Board members present, the resolution was adopted. Little Rock Police Chief Johnson thanked the Mayor and Board of Directors for the action taken tonight. He — stated this action is an appropriate step in recognizing a man that worked very hard, spent all of his adult life in bringing about security and tranquility to an area, which he served. On behalf of the men and women of the Little Rock Police Department, he thanked the Mayor and the Board for this action. Mr. Bruce Moore, City Manager, stated the City is very proud to be able to participate in the naming of this substation, and that Captain Williams was a professional and it is an honor well deserved. Captain Sam Williams, Maumelle, Arkansas Chief of Police, brother of W. W. Williams, stated he and the family, and that their mother and dad, and his brother's two sons who are in the presence of the Lord, would think this is very special also. Chief Johnson stated that most likely within the next six weeks, the Police Department would have a rededication of the northwest station, that the process of ordering the signage to change the station, and appreciated the support of the Mayor and the Board. There were several men and women of the Little Rock Police Department present for the reading of the resolution. The Consent Agenda, (Items 2 -8) were the next consideration. 2. MOTION - To set the date of public hearing for April 1, 2003 to rescind the Planning Commission's action in denying a Conditional Use Permit to allow a Sonic Drive Inn on the C -3 zoned property at 2917 Cantrell Road. (Planning Commission: 5 yes, 5 no, I absent). Staff recommends denial. Synopsis: The authorized agent of Sonic Restaurants, Inc., CEI Engineering, is appealing the Planning Commission's action in denying a conditional use permit to allow a Sonic Drive in on the C -3 zoned property. 3. RESOLUTION NO. 11,476 - To set the date of Public Hearing for April 1, 2003 on a petition to abandon that portion of the undeveloped West 35th Street right -of -way located between Blocks 169 and 170, John Barrow Addition (between Barrow Road and Ludwig Street), and the south 96 feet of the undeveloped alley right -of -way located within Block 170, John Barrow Addition. (Planning Commission reviewed issue at the February 20, 2003 meeting). Staff recommends approval. Synopsis: The abutting property owners ' request to abandon that portion of the undeveloped West 35'h Street right -of -way located between Blocks 169 and 170, John Barrow Addition (between Barrow Road and Ludwig Street), and the south 96 feet of the undeveloped alley right -of -way located within Block 170, John Barrow Addition. 4. RESOLUTION NO. 11,477 - To set the date of Public Hearing for April 1, 2003 to request an abandonment of the 50 -foot wide Battle Road right -of -way from West 65th Street north to the Union Pacific Railroad right -of -way. (Planning Commission: 10 yes, 0 no, I absent). Staff recommends approval. Synopsis: The abutting property owner's request to abandon the 50 —foot wide Battle Road right -of -way from W. 65'x' Street north to the Union Pacific Railroad right -of -way. 5. RESOLUTION NO. 11,478 - Of the Mayor and the Board of Directors of the City of Little Rock, Arkansas in support of the 65th Street West Neighborhood Action Plan. Synopsis: The neighborhoods located West of South University Avenue, South of Fourche Creek, East of 1- 430 and North oft -30 have developed a Neighborhood Action Plan and are requesting a Resolution of Support from the Little Rock Board of Directors. 6. RESOLUTION NO. 11,479 - Authorizing the City Manager to accept bids and award a contract to Cruse Uniforms and Equipment for the purchase of uniforms and accessories for the Little Rock Police Department. Synopsis: The Police Department is requesting approval to award a contract to Cruse Uniforms and Equipment to provide various police uniforms and equipment. 7. RESOLUTION NO. 11,480 - Awarding a contract to McClelland Consulting Engineers, Inc. for the design and inspection services for construction of 3rd Street, Collins, to Shall Street. Synopsis: Authorizes the City Manager to execute an agreement with McClelland Consulting Engineers, Inc. for engineering and construction inspection services for the physical improvements of 3`1 Street extension (Collins Street to Shall Avenue). 8. RESOLUTION NO. 11,481 - To establish a process to determine whether to issue letters of support for financing mechanisms offered by the Arkansas Development Finance Authority; and for other purposes. Synopsis: The Arkansas Development Finance Authority supports affordable housing developments throughout Arkansas through a variety offinance options, including low - income housing credits and volume capital bonds. Developers must include with their proposal, a letter of support from the Mayor of the City in which the project is planned. This resolution sets out the process through which the City will ensure that all such requests for support receives a comprehensive Staff and citizen review. The Consent agenda was read. Director Adcock made a motion to adopt the consent agenda; Director Cazort seconded the motion. Ms. Kathy Wells, President of the Little Rock Coalition of Neighborhoods, asked that she be recognized, telling the Board that she had turned in a card to speak to Item 8 on the Consent agenda. Mayor Dailey recognized Ms. Wells. Ms. Wells was concerned about the thirty -day notice cited in Item 8. She asked the Board to consider amending the resolution to a policy of having a forty- 2 five day notice period. There was no action taken by the Board of Directors to make the amendment. Director Keck made a motion to adopt the Consent Agenda as read; Director Cazort seconded the motion, and by unanimous voice vote of the Board members present, the Consent Agenda was adopted as read. The GROUPED ITEMS 9 -14 were considered as the next items on the agenda. 9. ORDINANCE NO. 18,836 - Z- 6178 -G - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Stagecoach Village Revised PCD lots 2 and 4 located at 9222 Stagecoach Road in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends approval. synopsis: The applicant proposes to revise a previously approved PCD to allow a variation in the previously approved signage on Lots 2 and 4. 10. ORDINANCE NO. 18,837 - LU- 03- 06 -01— To amend the City Land Use Plan (16,222) in the I -30, East Little Rock and Pinnacle Planning District, East of I -30 and North of I -440, from various uses to Park/Open Space, Mixed Use Urban, Public Institutional, Light Industrial, Low Density Residential, Commercial and Service Trades District; and for other purposes. Synopsis: Series of Land Use Plan amendments to bring the City Land Use Plan into conformance with the recommendation of the East ofI -30 Study completed in 2002. These changes are the area east ofI -30 and north oft -440. 11. ORDINANCE NO. 18,838 - To amend the Master Street Plan (15,519 and 18,055), modifying the Street Classifications and Design Standards in the area east of Interstate 30 and North of Interstate 440; and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends approval. Synopsis: Reclassification of collectors and arterials in the area east of I -30 and north of I -440, as the result of a plan review of the area. 12. ORDINANCE NO. 18,839 - LU- 03- 11 -01— To amend the Land Use Plan in the I- 430 Planning District from Single Family to Suburban Office for future office development. (Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends approval. Synopsis: Land Use Plan amendment in the 1 -430 Planning District from Single Family to Suburban Office for future office development. 13. ORDINANCE NO. 18,840 - Reclassifying property located at the northeast corner of Aldersgate Road and West 18th Street from R -2 to 0 -2 (with condition); amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. (Planning Commission: 10 yes, 0 no, I absent). Staff recommends approval. Synopsis: The owner of the undeveloped property at the northeast corner of Aldersgate Road and West 181h Street is requesting that the zoning be reclassified from R -2 to 0-2 (with condition). 14. ORDINANCE NO. 18,841 - To amend Chapter 17 of the Little Rock Code, 1988 to increase business license fees for those companies renting or leasing autos and /or trucks; to dedicate revenues for the payment of bond issue debt service and operation of the River Market Parking Garage /Deck; and for other purposes. Synopsis: The proposed amendments would set the variable portion of the 2004 business license fees for those companies who rent /lease autos and trucks at 531.75 per vehicle rather than S6.75 per vehicle. The ordinances were read the first time. A motion was made to suspend the rules to provide for the second and third readings of the ordinances, by two - thirds vote of the Bard members present. By unanimous voice vote of the Board members present, the ordinances did pass. The next consideration was the SEPARATE ITEMS 15 -20: 15. ORDINANCE NO. 18,842 - Establishing a temporary Design Overlay District for the area south and east of the Presidential Park. This is to control potential redevelopment in the area until final design and zoning regulations can be developed for the area. (Planning Commission: 10 yes, 0 no, I absent). Staff recommends approval. Synopsis: Establishing a temporary Design Overlay District for the area south and east of Presidential Park. This is to control potential redevelopment in the area until final design and zoning regulations can be developed for the area 3 The ordinance was read the first time. A motion was made to suspend the rules and place the ordinance on second and third readings, by two - thirds vote of the Board members present. By unanimous voice vote of the Board members present the ordinance did passed. 16. PUBLIC HEARING &ORDINANCE NO. 18,843 - Establishing the Midtown Redevelopment District within the City of Little Rock, prescribing the boundaries thereof; and for other purposes. (Planning Commission: 10 yes, 0 no, I absent). Staff recommends approval. Synopsis: Establishing the boundaries for a redevelopment district in the Markham University Area as recommended by the ULI Midtown Study, called Midtown Redevelopment District. The ordinance was read the first time. Mayor Dailey opened the public hearing. Bruce Moore, City Manager, introduced Mr. Dick Downing, 1 l Riding Road, who presented an overview of the Midtown Redevelopment project. Mr. Downing stated tonight would be the first step toward implementation of the ULI Study, which had been conducted two years earlier. He stated the LR Board of Directors had passed a resolution last year that authorized that the Planning Commission should begin steps to implement the study. As a result of that resolution a group of citizens got together and got involved in the process and spent many volunteer hours meeting and having discussion by people from various parts of the city, members of the school board were also in attendance at many of those meetings. The result of those meetings was a vision. The vision was to change the University Mall, to change that streetscape and make something positive for the central part of our city. The vision is to have open space, nice area where people will be attracted back to the area. To achieve that vision, one of the thoughts of the ULI study was to create a different set of usage for that particular area, which is called the "Village Concept ", which is a combination of a number of retail, family, office uses. The implementation of that is what is before the Board tonight, the first step, which is the creation of a redevelopment district. This would be the first such redevelopment district for Little Rock. Mr. Sam Storthz, 810 N. University Avenue, Ms. Claire Burch, 5817 "C" Street, and Ms. Mollie Wiseman, 5708 "C" Street spoke to issues involving rezoning their property, new and higher taxes, and higher assessments on the property in the boundary area, and what effect it might have on their property values in the future, if this would impact their neighborhoods to the degree they may be forced to sell their property. Ms. Ruth Bell, 7611 Birchwood, Ms. Susan Greeson, 5921 Lee Avenue, and Ms. Kathy Wells, spoke in favor of the district's creation, and getting the initial process going, being involved in the planning, and being sure notices are sent to property owners, and applauded the City Board for taking steps to stem the further decline of this area. Mr. Morris Harper, asked if a property owner could opt out of the district, and was it possible to get a copy of the ULI report. Mr. Tom Carpenter, City Attorney, answered that it is not really an opting out process, such as with an improvement district. He said possibly the property could be carved out, but the notice process would have to be done again. He stated that just because the district is created, does not mean the property owners would get an assessment. He said the assessment part of this deals with a redevelopment project, and as he understands the law, it would not increase property taxes. It would redirect how they are dealt with for a period of time. Mr. Harper also had concerns about higher taxes being levied. Mayor Dailey declared the public hearing closed. The ordinance was read the second time. There was brief discussion regarding including other adjacent areas in the boundaries for redevelopment. A motion was made by Director Keck, seconded by Director Graves to suspend the rules and place the ordinance on third and final reading. By unanimous voice vote of the board members present, being two- thirds in number, suspended the rules and the ordinance was read the third and final time. By unanimous voice vote of the Board members present, the ordinance did pass. 17. ORDINANCE NO. 18,844 - To prohibit the placing of obstructions in the public right -of -way; providing for removal by the City of obstructions left in the right of way after notice to remove; and for other purposes. (Deferred from February 18, 2003). The ordinance was read the first time. Director Kumpuris made a 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, being two - thirds in number, the rules were suspended to provide for the second reading of the ordainance. The ordinance was read the second time. Director Keck offered an amendment to the ordinance to exempt basketball goals from the enforcement of this ordinance. He said there were many people who have no access to a gym, or other recreation facilities, and that a basketball on someone's driveway or a basketball that is at the end of someone's yard that kids can play ball is their main source of activity for a neighborhood. Director Cazort seconded the motion for the amendment. Mr. Carpenter, City Attorney stated the ordinance does not list basketball goals, it is listed as sports equipment, so the rd amendment would read as all sports equipment except basketball goals. Director Keck stated the primary focus of his amendment was to be to enjoy the great sport of basketball. Director Kumpuris stated that this ordinance does not take away basketball goals in driveways, and asked if the city assumes liability for allowing kids to play basketball in the streets. Mr. Carpenter stated the liability issue is that the City generally has immunity from suit form negligence actions. The liability, because you have a distinction between one type of action that is a violation of ordinance and another type of similar action that is not, is what causes concern. The potential concern is the damage to city vehicles and potentially to city personnel because these structures are in the right of way which is causing workers compensation issues. Mr. Guy Lowes, Interim Public Works Director, gave a brief slide presentation, which featured some of the concerns of staff operating the refuse trucks, emergency vehicles and street sweepers with obstructions in the right of way. Mr. Lowes stated citizens are notified of obstructions, but codes were not sufficient to deal with the situations, and that was the purpose of this ordinance. There was discussion by the Board regarding the positives and negatives of the ordinance. A roll call vote was taken on Director Keck's motion to amend the ordinance to exempt basketballs from the sports equipment language in this ordinance. The vote was recorded as follows: Director Cazort, Keck, and Stewart voted yes. Directors Pugh, Hurst, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton, and Mayor Dailey voted no. The motion to amend failed. Director Adcock made the motion; seconded by Director Wyrick to place the ordinance on third and final reading. The rules were suspended by vote of two thirds of the Board members present. Director Adcock made the motion to suspend the rules and place the ordinance on third and final reading; Director Wyrick seconded the motion. By two - thirds vote of the Board members present, the rules were suspended to provide for the third reading of the ordinance. Directors Keck, Cazort, and Stewart voted not to suspend the rules to provide for the third reading. The ordinance was read the third time. By voice vote Directors Stewart, Cazort, Keck voted no. Directors Pugh, Hurst, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton, and Mayor Dailey voted yes. The ordinance passed. There was some discussion regarding mailboxes; Mr. Carpenter stated this ordinance did not pertain to mailboxes at this time. 18. ORDINANCE NO. 18,845 - To establish a procedure for notification of the Little Rock School District prior to issuance of Industrial Revenue Bonds; to declare an emergency; and for other purposes. (1St reading held on November 25, 2002). City Clerk, Nancy Wood, asked Mr. Carpenter if this ordinance had been amended since the first reading. Mr. Carpenter stated it had some slight language amendments. The ordinance was read the second time as amended. Director Adcock moved to suspend the rules and place the ordinances on the third and final reading. Director Cazort seconded the motion, and by unanimous voice vote of the Board members present, being two - thirds in number, suspended the rules to provide for the third reading. Director Cazort asked Mr. Carpenter if, in his legal opinion this ordinance did not bind the City's hands in this situation. Mr. Carpenter stated it did not. The ordinance was read the third time, as amended. By unanimous voice vote of the Board members present, the ordinance and emergency clause was passed. 19. RESOLUTION - Of support for the Chapel Ridge mixed income apartments at Barrow Road by the Arkansas Development Finance Authority; and for other purposes. (Deleted at applicant's request. Synopsis: To approve a resolution authorizing the Mayor to issue a letter of support for mixed income housing known as Chapel Ridge at Barrow Road. (The item was deleted at applicant's request). 20. REPORT - City of Little Rock Board of Director's Report. Director Cazort handed out the annual report from the Zoo Board of Governors. Director Pugh asked for an update on the licensing of medical transport carriers. 21. REPORT - City Manager's Activity Report.- No report CITIZENS COMMUNICATIONS 5 Speaker: Kathy Wells Topic: Protecting parks; was in favor of any sale or swap of park land going before the voters in a special election. Speaker: Teresa Lockhart Topic: TNEP contracted home repairs not being completed, or being incomplete; asked for answers to her questions Speaker: Betty Snyder Topic: Asking that the John Barrow area be the next redevelopment area. Director Cazort made a motion to adjourn seconded by Director Adcock, and by unanimous voice vote of the Board members present, the meeting adjourned at 8:05 PM. ATTEST: Na y WW d, City Clerk APPROVED: v Ji Dailey, Mayor Co