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HomeMy WebLinkAbout07-18-00746 Agenda July 18, 2000 Board of Directors Room City Hall – 500 W. Markham Little Rock, Arkansas July 18, 2000 –6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session, with Vice Mayor Wyrick presiding. City Clerk, Nancy Wood called the roll with the following Directors present: Pugh, Lichty, Cazort, Keck, Kumpuris, Kelly, and Adcock – total 9, 2 absent, Director Stewart and Mayor Dailey. With a quorum present, Vice Mayor Wyrick declared the Board of Directors in session. The invocation was given by Director Kelly, followed by the Pledge of Allegiance. Vice Mayor Wyrick read the addendum to the agenda. Director Adcock made a motion to place items M -1 – M -5 on the consent agenda, Director Lichty seconded the motion, all Board members present voted to add these items to the consent agenda. Director Cazort made a motion that Item 6 be modified to reflect the change in public hearing date, Director Hinton seconded the motion, all Board Members present voted to accept the motion. Director Adcock asked for Items 24 and 25 to be placed before Item 10, due to illness of one of the applicants interested in Items 24 and 25, and needed to leave as soon as possible. Director Cazort seconded the motion. Vice mayor Wyrick moved to remove Item 24 from the grouped items, Director Keck seconded the motion, and asked Director Adcock if the motion was to place the item directly after the consent agenda, before Item 10 and the grouped items. Director Adcock stated that was the motion, and all Board Members present voted to remove the item from the grouped items, and place Items 24 and 25 on the agenda before listed Item 10 and before the listed grouped items. The addendum to the agenda consisted of the following: M -1. RESOLUTION NO. 10.861 – To set the date of Public Hearing for August 1, 2000 on an ordinance accepting the annexation of 8.6468 acres, more or less, adjacent to the Ranch Subdivision (The Sullivan Property.) M -2. RESOLTUION NO. 10,862 – Of support for the City of Little Rock Department of Parks and Recreation's LWCF (Land and Water Conservation fund) grant for bathroom renovations. M -3. RESOLUTION NO. 10,863 – Of support for the City of Little Rock Department of Parks and Recreation's LWCF (Land and Water Conservation fund) grant for Boyle Park. M -4. RESOLUTION NO. 10,864 – Of Support for the City of Little Rock Department of Parks and Recreation's grant for a Tourism Feasibility Study. M -5. RESOLTUION NO. 10,865 - Awarding a contract for methamphetamine treatment services to Recovery Centers of Arkansas in an amount not to exceed $48,024.00, subject to negotiation by the City Attorney, and for other purposes. MODIFICATION ITEM 6. - MOTION – To set the date of Public Hearing for August 1, 2000 requesting an appeal of the Planning Commission's action in denying a Conditional Use Permit to allow or the expansion of Chenal Valley Montessori School located on Taylor Loop Road. (Planning Commission: 3 yes, 4 no, 3 absent, 1 abstention.) Staff recommends denial. (Applicant requested the date of Public Hearing be changed from August 1, 2000 to August 15, 2000). DEFERRAL Item 15 — ORDINANCE Amending Chapter 31 of the Code of Ordinances for the City of Little Rock, Arkansas, providing for a Waiver of Master Street Plan, Street Plan Street Improvements Requirements for Community Fellowship Church, located at 14100 Lawson Road. (Deferred to August 1, 2000) The consent agenda consisted of the following items: 1. MOTION To approve minutes of the regular Board of Directors Meeting held June 6, 2000 and June 20, 2000. Agenda 747 July 18, 2000 2. RESOLUTION NO. 10,855 - To authorize local government endorsement of Acxiom Corporation to participate in the Advantage Arkansas Program; and for other purposes. 3. RESOLUTION NO. 10,856 - Authorizing the Mayor and City Clerk to execute documents for the sale of a portion of city -owned property occupied by the Police Station on Kanis Road for easement to Southwestern Bell Telephone Company. 4. RESOLUTION NO. 10,857 - Authorizing the Mayor and City Clerk to execute deeds for the sale of three lots on College Street to Jerry Meyer. 5. RESOLUTION NO. 10,858 - Authorizing the City Manager to enter into a contract with Township Builders, Inc. in the amount of $245,567 for "H" at University Drainage Improvement Project, a 1997 Infrastructure Investment Program Project. 6. MOTION - To set the date of public hearing for August 1, 2000 requesting an appeal of the Planning Commission's action in denying a Conditional Use Permit to allow for the expansion of Chenal Valley Montessori School located on Taylor Loop Road. 7. RESOLUTION NO. 10,859 - To set the date of Public Hearing for August 1, 2000, to request abandonment of the street located at 4822 Country Club Blvd., in Block 14, Newton Addition 8. RESOLUTION NO. 10,860 - Authorizing the Mayor and City Clerk to execute an amendment to the Bill of Assurance of the Little Rock Port Industrial Park to provide for an increase of building coverage from forty percent (40 %) to fifty (50 %) of the lot; and for other purposes. 9. MOTION - To set the date of Public Hearing and approval for HUD Five Year Consolidated Plan, fiscal years 2000 -2004 for July 25, 2000. Director Pugh had questions concerning this item stating there had been no public hearings on this item to this point. Director Pugh made a motion to pull this item from the consent agenda. Director Kelly seconded the motion. Director Keck asked for an explanation from staff before there was a vote to remove the item from the consent agenda. Vice Mayor Wyrick recognized Andre Bernard from the Housing and Neighborhood Programs Department, who presented the staff overview. He stated there was an initial announcement in June where they announced the advertisement of the five year plan, and it has been in the public library, alert centers, neighborhood resource centers, for the past thirty days and the that the comment period would end on July 20, 2000. Director Pugh said that there were still a lot of people who did not know a lot about the plan. She stated that she went out earlier today's date and tried to pick up some information on the plan , and the place she went only had two copies of the information and told her they had been instructed not to give those to anyone, that the information was to be read at the site. Mr. Bernard stated they did mail outs, announcing the availability of the booklets and thee have been several at city hall that have been available to the public, and were still available to anyone who would like to review them. Director Pugh sated that you could not ask a book a question, you need meetings, public hearings, and there had been no citizen participation in this plan. Mr. Bernard stated they have had meetings in the wards on this item since February; they met in March and have continued to have meetings throughout the months of May and June to get input for the informational booklet. Director Pugh said there needed to be more citizen input. Director Cazort commented that all this motion is tonight is to set a date of public haring, and could the hearing could always be postponed if adequate information is not forthcoming. He stated he saw no reason to delay the process, and would support setting the public hearing and going on from there, depending on the information the Board receives. Director Kelly asked if there was some deadline being imposed on the City. Mr. Bernard answered that there was and the deadline submission date to HUD is August 2, 2000, and in order to meet that deadline the public hearing would need to be scheduled for next week. Mr. Bernard said as they have gone through the process, there are two things they have had public meetings on, the annual action plan, which is a separate document to the five year plan, but is an intricate part to developing the five year plan, information gathered form the annual plans to compile the five year plan, and this part of the citizens participation that has happened over the past six months. Director Kelly commented that he had several people call him that are generally very well informed in knowing what is going on and they too had been caught by surprise by this issue and also have reflected the concern about a five year commitment of quite a lot of money, and didn't know how much active participation by the citizens has been involved. Director Keck asked Mr. Carney, City Manager, what happens if the deadline is not met? Mr. Carney stated there is a penalty if the City is not in compliance with the CDBG Contract, and would encourage the Board to at least conduct the hearing, that if needed the plan could be amended to have additional hearings. Director Keck stated the importance is to meet the deadlines so that no sanctions are placed on the City. Mr. Bernard stated the risk is if Federal funding is lost, if the deadline is not met, the City does not get the annual entitlements. Mr. Bruce Moore, Assistant City manger, made a point of clarification, stating the five year plan is the overall guide for the CDBG dollars, however the Board just approved the two year 2 1 f^ m es Agenda July 18, 2000 allocation which is actual dollars appropriated to particular projects, and that process guides a lot of the five year plan. Vice Mayor Wyrick asked Mr. Moore what could be done to make Director Pugh feel better about the fact that she feels like people are not informed on this issue. Mr. Moore stated that between now and next Tuesday, the committee could be brought back together that has been meeting over the past few months in dealing with the plan. He stated the thirty -day comment period ends Thursday, and the purpose of that period is to hear public comment regarding the plan and that when this period ends, the information will be gathered and input would be applied to the document. Director Pugh stated the committee can be brought back together, but the citizens are still left out. Director Pugh said she did not feel good about a one time hearing and calling all the citizens in Little Rock to get together to vote on a five year plan. Director Adcock asked for copies of the plan, and suggested that Director Pugh and Director Kelly could possibly take copies to some of the people they have been talking to, to get it out to more of the citizens. Director Hinton stated he had sat in on several of the consolidated committees and there was mention that each neighborhood's person who represented them was to take the information back to their perspective neighborhoods. He said he though that had not happened. After this discussion, Vice Mayor Wyrick stated there was a motion and a second to withdraw the item, however since there had been discussion and clarification, was the motion to withdraw still to be voted on. Director Pugh withdrew her motion, but stated citizens still need more input on these plans. M -1. RESOLUTION NO. 10,681 — To set the date of Public Hearing for August 1, 200 on an ordinance accepting the annexation of 8.6468 acres, more or less, adjacent to the Ranch Subdivision (The Sullivan property.) M -2. RESOLUTION NO. 10,862 - Of support for the City of Little Rock Department of Parks and Recreation's LWCF Grant for bathroom renovation. M -3. RESOLUTION NO. 10,863 — Of support for the City of Little Rock Department of Parks and Recreation LWCF grant for Boyle Park. M -4. RESOLTUION NO. 10,864 — Of support for the City of Little Rock Department of parks and Recreation's grant for a Tourism Feasibility Study. M -5. RESOLTION N0. 10,865 — Awarding a contract for methamphetamine treatment services to Recovery Centers of Arkansas in an amount not to exceed $48,024.00, subject to negotiation by the City Attorney, and for other purposes Director Cazort moved for the adoption of the consent agenda, Director Adcock seconded the motion and by voice vote, all Board Members ( Vice Mayor Wyrick recused on Item 3 ) voted in favor of adopting the consent agenda. The consent agenda was adopted. The next items for consideration were Items 24 and 25. Mr. Jim Lawson, Director of Planning and Development gave an overview of the items. Mr. Lawson stated Item 24 deals with the street issues, and Item 25 deals with the Planned Commercial Development on the site. The applicant requested to put a snow cone stand inside the building. This was something new that had not been brought to the Planning Commission. He stated Staff has no problem with the development. Mr. Bob Turner, Director of Public Works, addressed Item 24. Mr. Turner stated Item 24 addressed the request for a waiver of Master Street Plan Requirements for both right of way dedication and street improvements. The applicant had just informed Mr. Turner that she would like to request a deferral on both items. Mr. Turner stated Staff would support the deferral of the street improvements for a period of five years, and would also support the waiver of the right of way for a period of time provided that there were no additional developments on the property. Ms. Candrilli, 17201 Lawson Road stated they wanted the deferral so they could focus on her mother's health, as she was very ill, and would just like to focus their attention on her mother, and not deal with the waiver at this time. Director Kelly asked if the -9 — 0 vote was because they were requesting a waiver and not a deferral. Mr. Turner stated he was positive that was the reason, and the vote was based on the request for a waiver, and had it been a request for a deferral, the vote would have been very different. Director Cazort made a motion to amend Item 24 to provide for a deferral in lieu of a waiver as currently written, Director Adcock seconded the motion, an by unanimous vote by Board members present, the motion for the amendment passed. Director Keck asked if the grouped items could be read along with items 24 and 25 since the controversy regarding the items had been removed. Vice Mayor Wyrick asked for these two items as well as the grouped items (Items 11 -23) to be read the first time. Director Keck stated he had questions on one of the grouped items. Vice Mayor Wyrick said in that case, Items 24 and 25 would be read and voted on, the grouped items could be read and questions could be asked at that time. Director Keck was agreeable to this. 24. ORDINANCE NO. 18,318 - Z -6719 — Amending Chapter 31 of the Code of Ordinances for the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan right -of -way dedication for 17201 Lawson Road. 3 Agenda July 18, 2000 • ORDINANCE NO. 18,319 - Z -6719 Amending Chapter 31 of the Code of Ordinances for the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Improvements for 17201 Lawson Road. 25. ORDINANCE NO 18,320 - Z -6719 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Bussell — Short Form PCD located at 17201 Lawson Road, amending Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and for other purposes. Items 24 and 25 were read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board members present, being ten in number and two - thirds or more of the members of the Board of Directors. With a unanimous voice vote of the Board Members present, Ordinances No. 18,318, 18,319, and 18,320 were adopted. Director Keck requested a thirty day delay on the condemnation of three structures located at 2002, 2004, and 2010 Pulaski Street. Mr. Keck stated he had received e -mail from an owner of these properties that these structures may be designated as historic buildings. Mr. Jimmy Pritchard, representing Planning and Neighborhood programs, stated these locations were not in a designated historic district, that taxes had been allowed to go delinquent on the property, and the property had not been maintained over the last several years. Mr. Pritchard said that Mr. Moore, Assistant City Manger, Mayor Dailey and he and other of his staff members had visited with other residents in the neighborhood regarding some other properties as well as this one, and they were all of a serious concern to the neighborhood. Mr. Pritchard told the Board that Staff's concern is that the neighborhood is very concerned about the condition of the property, and the neglect that has gone on over the past few years. Director Keck stated the only thing he would like to ask is, because of the potential significance of this being a historic structure, was a delay of thirty days to see if the City can work with the other historical groups that the owner specifically mentions to see if a strategy can't be put in place to save these structures and if there is not a desire on the behalf of the owner and the other organizations or if this does not turn out to be a historic structure then a movement toward condemnation procedures would be in order. Vice mayor Wyrick asked Director Keck if the properties were to be left on the ordinance, and to vote on it, but just to give the owner(s) an additional thirty days. Vice Mayor Wyrick asked Mr. Carpenter, City Attorney, if that required a motion. Mr. Carpenter replied that it would be an administrative guideline at this point. Director Lichty asked what it would hurt to have a motion and have it a matter of record. Mr. Carpenter answered a motion would also be acceptable. Director Keck said he would like the motion to be a matter of record. Director Lichty seconded the motion. By voice vote, Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly and Vice Mayor Wyrick voted yes, Director Adcock voted no. The motion carried. 10. ORDINANCE To repeal Little Rock, Ark., Revised Code 6 -1- to 6 -52 (1988); to adopt a new Animal Services Ordinance; to provide for the Membership of the Animal Services Advisory Board; to establish the effective date for the ordinance; and for other purposes; to declare an emergency for certain sections of the ordinance. (Deferred from July 5, 2000) (First Reading Only) Mr. Tom Carpenter, City Attorney, walked the Board Members and citizens through the latest draft of the proposed animal ordinance, answering questions, noting suggestions, and changes offered for the proposed ordinance. Mr. Harry Light, Mayor of Maumelle, Arkansas spoke briefly on the Animal ordinance, mainly on the importance of sterilization of pets and differential licensing. Mr. Billy Grace, Director of the North Little Rock Animal Control Services, stated they enacted the differential fine system in 1996 and have had a good amount of success with it, about four times the amount of fine for an un- sterilized dog running loose as opposed to ones that have been sterilized. The only problem they have had with it was that it was approached from a law enforcement prospective, and they issue a lot of citations, and found that may of the citations were issued to low income people. Mr. Grace said the City of North Little Rock enacted a Spay or Pay alternative, but these people still could not afford to sterilize their dogs, so it was making it hard on that group of people. He said they then developed a low cost spay /neuter program in late 1997/1998 and that worked well, and in 1999 the differential licensing went into effect, similar to the one outlined by Mr. Carpenter. Mr. Grace stated that they have seen gradual decreases in animal intake and was glad to see Little Rock considering this. Cindy Alberding, President of the Board of Directors for The Humane society of Pulaski County, speaking in favor of the ordinance, stated that in the short time they have had to review the ordinance they support the changes the City of Little Rock is truing to put in place, and believed it was headed in the right direction. Mr. Don Darnell, 7007 E. Wakefield Drive, stated he was supportive of the general concept, and the overall ordinance but recognized a problem that he was concerned about. His main concern was domesticated ferrets, and stated there should be an exemption for them as pets. He stated that companion animals needed to be exempt, as there were a lot of species being developed as companions for handicapped person to assist them. He said the ordinance should not 4 750 Agenda July 18, 2000 apply to person or entities engaged in wildlife rescue or rehabilitation. Mr. Darnell stated in reference to "puppy litter license, dog breeder license" where the ordinance is addressing dogs, he would like to see that extended to include cats. Mr. Carpenter said if the Board wanted the concept of wildlife refuge rehabilitation group, for the time the animal is being rehabilitated is one that could be added without much difficulty. Mr. Jerry Hayes, representing the German Sheppard Dog Club of America, stated that one problem (spaying or neutering laws are not the most effective ways to solve animal control problems. Mr. Hayes stated they have show dogs and treat their dogs like children, and they have seeing eye dogs, search and rescue dogs, and do not let their dogs run loose. He said that while they are concerned about wild dogs, and dogs running loose, they are opposed to mandatory spaying and neutering and felt there were better ways to control over population. Director Lichty asked Mr. Hayes if he had other alternatives in mind, and what they might be. Mr. Hayes said educating the public, and possibly their dog club could put together groups to go out in the neighborhoods and educate the public ... Ms. Leslye Morrow, a professional dog trainer, spoke against spay or pay, saying she would support a reasonable and necessary law that was designed to protect the public's welfare as long as the laws to not violate the rights of responsible animal owners, and they are will written and provide a bonafide solution to a real problem. As a responsible animal owner she said she rejects the notion that responsible animal owners rights have to be violated in order to protect the public welfare. She said responsible animal owners do not allow animals to present real threats or cause real problems within their communities. She said she is opposed to any legislation that is a knee jerk reaction to an emotionally laden incident or problem. She said it may be that a new law is needed, or that the law now existing needs to be re- written and if so she asked for extreme caution in proceeding with restraint when drafting the laws, to ensure logic and not emotion rules the day. It is critical that the needs of the community be considered, that the rights of owners be respected and the problem and solution be genuine. She stated what she had seen and read tonight that there seems to be a conflict of information. She stated she had information that proves that by spaying and neutering alone you do not solve the problem. That it creates problems and costs the cities more. Vice Mayor Wyrick asked Ms. Morrow to provide some more comments to the Board regarding the information she has researched. Director Keck provided the Board's e-mail address, and asked citizens to e-mail them with comments pertaining to the proposed animal ordinance. Marlena Grunewald, member of the Animal Task Force and the Animal Sub - committee, 111325 Rockey Valley Drive, strongly urged the Board to pass this ordinance with the pound seizure prohibition in place. Ms. Grunewald stated animals should leave the shelter in one of three ways, reclaimed by the owner, adopted, or humanely euthanized. She said the Animal Shelter has to be a place people trust. Emily Pennell, 2204 N. Arthur, stated she thought the ordinance if passed would help reduce pet over population in Little Rock and reduce the numbers of healthy adoptable animals that are currently being killed each week at the shelter. She suggested an addition to the cruelty section of the ordinance. She was concerned about dogs that are kept in very small pens or on a very short chain. The cruelty section does not currently address this issue, because a dog on a short chain or confined to a very small areas does not necessarily mean the animal is starving, dying, or diseased, or injured. She wanted to see language added that make it cruel to confine an animal in a space where the dog does not have adequate room to exercise. She stated she and Mr. Carpenter, City Attorney had communicated about possible language to add. She encouraged the Board to address this issue in the ordinance. Director Lichty asked if kennels fell under that category. Ms. Pennell said it did not. Director Lichty said his question relates to minimum space requirements, (the box /carriers), and wanted to know if there were space limitations written into the ordinance, that there should be some provision for that. Director Cazort wanted to know how much space is adequate for pet carriers, and how long should an animal be confined to a pet carrier before it becomes an abusive situation. Mr. Carpenter said the pet carrier issue is addressed only when dealing with one that is being used for transportation, and that may be something that needs to be looked at further. Director Kelly said he liked the idea of addressing the chain issue, but thought the other issue appeared to be digging a little too deep and too far into something that does not appear to be a big problem and didn't thing anything more needed to be added. He stated every base could not be covered, and the carrier issue would probably take care of itself. Upon conclusion of the time allotted to the speakers on the issue, the proposed ordinance was read the first time. Director Adcock asked that the task force members be recognized, that several of them had worked three years on this proposal. Director Hinton asked if a draft of the ordinance could be provided to the alert centers and various neighborhood groups. Mr. Carney stated this could be put on the web site, and the library, as well as alert centers, and available to citizens at the next meeting. Director Kelly said he would like for the task force to help think through the issue of dealing with the impact of the veritable licensing and other requirements that would have on low income people, and perhaps figure out a way to make resources available to people who will be impacted more drastically and not have the resources. Mr. Carpenter stated that one of the things the task force has recommended is that the additional funds that would become available because of the differential licensing, and because of the differential penalties would be 751 Agenda July 18, 2000 used to help defray or pay costs for individuals who would have trouble paying for the spay or neuter. He further stated he thought the Board could designate additional funds from this ordinance should it be adopted, to go into a special enterprise fund and that fund could be used to contract on an annual basis with veterinarians who would perform the necessary stylizations at a reduced rate. Director Hinton asked if a non - profit organization would be formed to help provide funds for the low income. Director Adcock said there was, and there was a group that would be coming before the Board shortly for an adoption center. The grouped items were read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board members present, being ten in number and two - thirds or more of the members of the Board of Directors. The Grouped Items consisted of the following: 11. ORDINANCE NO. 18,306 - S -1285 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for various variance requests Westwood Industrial Park Subdivision, located at the east side of Shackleford Road at Clearwater Drive. 12. ORDINANCE NO. 18,307 - S -1285 — Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Sidewalk Construction for Westwood Industrial Park Subdivision, located at the east side of Shackleford Road at Clearwater Drive. 13. ORDINANCE NO. 18,308 - S -1285 — Amending Chapter 31 of the Code of ordinances for the City of Little Rock, Arkansas, providing for a variance from Master Street Plan minimum requirements for horizontal radius at unnamed cul -de -sac within Westwood Industrial Park Subdivision, located at the east side of Shackleford Road at Clearwater Drive 14. ORDINANCE NO. 18,309 - Z -1285 — Amending Chapter 31 of the Code of Ordinances for the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Improvements Construction for Westwood Industrial Park Subdivision. Located at the east side of Shackleford Road and Clearwater Drive. 15. ORDINANCE NO. - Z- 5736 -A - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a Waiver of Master Street Plan Street Improvements Requirements for Community Fellowship Church, located at 14100 Lawson Road. (Item was deferred to August 15, 2000). 16. ORDINANCE NO. 18,310 - Z -6857 — Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of the jurisdictional and application provisions of Section 31 -5 of the Subdivision Regulations of the City of Little Rock, Arkansas, for St. Paul United Methodist Church located at 9721 Pinnacle Valley Road. 17. ORDINANCE NO. 18,311 - Z -6857 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan requirements for St. Paul United Methodist Church located at 9721 Pinnacle Valley Road. 18. ORDINANCE NO.18, 312 - Z- 4249 -C — Approving a Planned Zoning Development and establishing a Planned Office District titled Freeway Business Park — Revised POD located on the south side of I -630, 0.1 mile east of Rodney Parham Road in the City of Little Rock, Arkansas amending Chapter 36 of the Code of Ordinances for the City of Little Rock, Arkansas; and for other purposes. 19. ORDINANCE NO. 18,313 - Z -6863 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Michael — Short Form PCD located at 1701 Rebsamen Park Road, amending Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and for other purposes. 20. ORDINANCE NO. 18,314 - Z- 6526 -A To reclassify property located at 10800 Shackleford West Blvd. For "C -2" Shopping Center District to "0 -3 ", General Office District, amending Chapter 36 of the Code of Ordinances for the City of Little Rock, Arkansas; and for other purposes. 21. ORDINANCE NO. 18,315 - S -957 -D Amending Chapter 31 of the Code of Ordinances for the City of Little Rock, Arkansas, providing for a variance from Master Street Plan minimum requirements for horizontal radius and cul -de -sac length for Little Rock Port Authority located on Alden Bowen Road and South Habour Drive. 22. ORDINANCE NO. 18,316 - To condemn certain structures in the City of Little Rock 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. i 6 E 746 Agenda July 18, 2000 Board of Directors Room City Hall – 500 W. Markham Little Rock, Arkansas July 18, 2000 –6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session, with Vice Mayor Wyrick presiding. City Clerk, Nancy Wood called the roll with the following Directors present: Pugh, Lichty, Cazort, Keck, Kumpuris, Kelly, and Adcock – total 9, 2 absent, Director Stewart and Mayor Dailey. With a quorum present, Vice Mayor Wyrick declared the Board of Directors in session. The invocation was given by Director Kelly, followed by the Pledge of Allegiance. Vice Mayor Wyrick read the addendum to the agenda. Director Adcock made a motion to place items M -1 – M -5 on the consent agenda, Director Lichty seconded the motion, all Board members present voted to add these items to the consent agenda. Director Cazort made a motion that Item 6 be modified to reflect the change in public hearing date, Director Hinton seconded the motion, all Board Members present voted to accept the motion. Director Adcock asked for Items 24 and 25 to be placed before Item 10, due to illness of one of the applicants interested in Items 24 and 25, and needed to leave as soon as possible. Director Cazort seconded the motion. Vice mayor Wyrick moved to remove Item 24 from the grouped items, Director Keck seconded the motion, and asked Director Adcock if the motion was to place the item directly after the consent agenda, before Item 10 and the grouped items. Director Adcock stated that was the motion, and all Board Members present voted to remove the item from the grouped items, and place Items 24 and 25 on the agenda before listed Item 10 and before the listed grouped items. The addendum to the agenda consisted of the following: M -1. RESOLUTION NO. 10.861 – To set the date of Public Hearing for August 1, 2000 on an ordinance accepting the annexation of 8.6468 acres, more or less, adjacent to the Ranch Subdivision (The Sullivan Property.) M -2. RESOLTUION NO. 10,862 – Of support for the City of Little Rock Department of Parks and Recreation's LWCF (Land and Water Conservation fund) grant for bathroom renovations. M -3. RESOLUTION NO. 10,863 – Of support for the City of Little Rock Department of Parks and Recreation's LWCF (Land and Water Conservation fund) grant for Boyle Park. M -4. RESOLUTION NO. 10,864 – Of Support for the City of Little Rock Department of Parks and Recreation's grant for a Tourism Feasibility Study. M -5. RESOLTUION NO. 10,865 - Awarding a contract for methamphetamine treatment services to Recovery Centers of Arkansas in an amount not to exceed $48,024.00, subject to negotiation by the City Attorney, and for other purposes. MODIFICATION ITEM 6. - MOTION – To set the date of Public Hearing for August 1, 2000 requesting an appeal of the Planning Commission's action in denying a Conditional Use Permit to allow or the expansion of Chenal Valley Montessori School located on Taylor Loop Road. (Planning Commission: 3 yes, 4 no, 3 absent, 1 abstention.) Staff recommends denial. (Applicant requested the date of Public Hearing be changed from August 1, 2000 to August 15, 2000). DEFERRAL Item 15 — ORDINANCE Amending Chapter 31 of the Code of Ordinances for the City of Little Rock, Arkansas, providing for a Waiver of Master Street Plan, Street Plan Street Improvements Requirements for Community Fellowship Church, located at 14100 Lawson Road. (Deferred to August 1, 2000) The consent agenda consisted of the following items: 1. MOTION To approve minutes of the regular Board of Directors Meeting held June 6, 2000 and June 20, 2000. Agenda July 18, 2000 2. RESOLUTION NO. 10,855 - To authorize local government endorsement of Acxiom Corporation to participate in the Advantage Arkansas Program; and for other purposes. 3. RESOLUTION NO. 10,856 - Authorizing the Mayor and City Clerk to execute documents for the sale of a portion of city -owned property occupied by the Police Station on Kanis Road for easement to Southwestern Bell Telephone Company. 4. RESOLUTION NO. 10,857 - Authorizing the Mayor and City Clerk to execute deeds for the sale of three lots on College Street to Jerry Meyer. 5. RESOLUTION NO. 10,858 - Authorizing the City Manager to enter into a contract with Township Builders, Inc. in the amount of $245,567 for "H" at University Drainage Improvement Project, a 1997 Infrastructure Investment Program Project. 6. MOTION - To set the date of public hearing for August 1, 2000 requesting an appeal of the Planning Commission's action in denying a Conditional Use Permit to allow for the expansion of Chenal Valley Montessori School located on Taylor Loop Road. 7. RESOLUTION NO. 10,859 - To set the date of Public Hearing for August 1, 2000, to request abandonment of the street located at 4822 Country Club Blvd., in Block 14, Newton Addition 8. RESOLUTION NO. 10,860 - Authorizing the Mayor and City Clerk to execute an amendment to the Bill of Assurance of the Little Rock Port Industrial Park to provide for an increase of building coverage from forty percent (40 %) to fifty (50 %) of the lot; and for other purposes. 9. MOTION - To set the date of Public Hearing and approval for HUD Five Year Consolidated Plan, fiscal years 2000 -2004 for July 25, 2000. Director Pugh had questions concerning this item stating there had been no public hearings on this item to this point. Director Pugh made a motion to pull this item from the consent agenda. Director Kelly seconded the motion. Director Keck asked for an explanation from staff before there was a vote to remove the item from the consent agenda. Vice Mayor Wyrick recognized Andre Bernard from the Housing and Neighborhood Programs Department, who presented the staff overview. He stated there was an initial announcement in June where they announced the advertisement of the five year plan, and it has been in the public library, alert centers, neighborhood resource centers, for the past thirty days and the that the comment period would end on July 20, 2000. Director Pugh said that there were still a lot of people who did not know a lot about the plan. She stated that she went out earlier today's date and tried to pick up some information on the plan , and the place she went only had two copies of the information and told her they had been instructed not to give those to anyone, that the information was to be read at the site. Mr. Bernard stated they did mail outs, announcing the availability of the booklets and thee have been several at city hall that have been available to the public, and were still available to anyone who would like to review them. Director Pugh sated that you could not ask a book a question, you need meetings, public hearings, and there had been no citizen participation in this plan. Mr. Bernard stated they have had meetings in the wards on this item since February; they met in March and have continued to have meetings throughout the months of May and June to get input for the informational booklet. Director Pugh said there needed to be more citizen input. Director Cazort commented that all this motion is tonight is to set a date of public haring, and could the hearing could always be postponed if adequate information is not forthcoming. He stated he saw no reason to delay the process, and would support setting the public hearing and going on from there, depending on the information the Board receives. Director Kelly asked if there was some deadline being imposed on the City. Mr. Bernard answered that there was and the deadline submission date to HUD is August 2, 2000, and in order to meet that deadline the public hearing would need to be scheduled for next week. Mr. Bernard said as they have gone through the process, there are two things they have had public meetings on, the annual action plan, which is a separate document to the five year plan, but is an intricate part to developing the five year plan, information gathered form the annual plans to compile the five year plan, and this part of the citizens participation that has happened over the past six months. Director Kelly commented that he had several people call him that are generally very well informed in knowing what is going on and they too had been caught by surprise by this issue and also have reflected the concern about a five year commitment of quite a lot of money, and didn't know how much active participation by the citizens has been involved. Director Keck asked Mr. Carney, City Manager, what happens if the deadline is not met? Mr. Carney stated there is a penalty if the City is not in compliance with the CDBG Contract, and would encourage the Board to at least conduct the hearing, that if needed the plan could be amended to have additional hearings. Director Keck stated the importance is to meet the deadlines so that no sanctions are placed on the City. Mr. Bernard stated the risk is if Federal funding is lost, if the deadline is not met, the City does not get the annual entitlements. Mr. Bruce Moore, Assistant City manger, made a point of clarification, stating the five year plan is the overall guide for the CDBG dollars, however the Board just approved the two year 747 2 j 748 Agenda July 18, 2000 allocation which is actual dollars appropriated to particular projects, and that process guides a lot of the five year plan. Vice Mayor Wyrick asked Mr. Moore what could be done to make Director Pugh feel better about the fact that she feels like people are not informed on this issue. Mr. Moore stated that between now and next Tuesday, the committee could be brought back together that has been meeting over the past few months in dealing with the plan. He stated the thirty-day comment period ends Thursday, and the purpose of that period is to hear public comment regarding the plan and that when this period ends, the information will be gathered and input would be applied to the document. Director Pugh stated the committee can be brought back together, but the citizens are still left out. Director Pugh said she did not feel good about a one time hearing and calling all the citizens in Little Rock to get together to vote on a five year plan. Director Adcock asked for copies of the plan, and suggested that Director Pugh and Director Kelly could possibly take copies to some of the people they have been talking to, to get it out to more of the citizens. Director Hinton stated he had sat in on several of the consolidated committees and there was mention that each neighborhood's person who represented them was to take the information back to their perspective neighborhoods. He said he though that had not happened. After this discussion, Vice Mayor Wyrick stated there was a motion and a second to withdraw the item, however since there had been discussion and clarification, was the motion to withdraw still to be voted on. Director Pugh withdrew her motion, but stated citizens still need more input on these plans. M -1. RESOLUTION NO. 10,681 — To set the date of Public Hearing for August 1, 200 on an ordinance accepting the annexation of 8.6468 acres, more or less, adjacent to the Ranch Subdivision (The Sullivan property.) M -2. RESOLUTION NO. 10,862 - Of support for the City of Little Rock Department of Parks and Recreation's LWCF Grant for bathroom renovation. M -3. RESOLUTION NO. 10,863 — Of support for the City of Little Rock Department of Parks and Recreation LWCF grant for Boyle Park. M -4. RESOLTUION NO. 10,864 — Of support for the City of Little Rock Department of parks and Recreation's grant for a Tourism Feasibility Study. M -5. RESOLTION N0. 10,865 — Awarding a contract for methamphetamine treatment services to Recovery Centers of Arkansas in an amount not to exceed $48,024.00, subject to negotiation by the City Attorney, and for other purposes Director Cazort moved for the adoption of the consent agenda, Director Adcock seconded the motion and by voice vote, all Board Members ( Vice Mayor Wyrick recused on Item 3 ) voted in favor of adopting the consent agenda. The consent agenda was adopted. The next items for consideration were Items 24 and 25. Mr. Jim Lawson, Director of Planning and Development gave an overview of the items. Mr. Lawson stated Item 24 deals with the street issues, and Item 25 deals with the Planned Commercial Development on the site. The applicant requested to put a snow cone stand inside the building. This was something new that had not been brought to the Planning Commission. He stated Staff has no problem with the development. Mr. Bob Turner, Director of Public Works, addressed Item 24. Mr. Turner stated Item 24 addressed the request for a waiver of Master Street Plan Requirements for both right of way dedication and street improvements. The applicant had just informed Mr. Turner that she would like to request a deferral on both items. Mr. Turner stated Staff would support the deferral of the street improvements for a period of five years, and would also support the waiver of the right of way for a period of time provided that there were no additional developments on the property. Ms. Candrilli, 17201 Lawson Road stated they wanted the deferral so they could focus on her mother's health, as she was very ill, and would just like to focus their attention on her mother, and not deal with the waiver at this time. Director Kelly asked if the -9 — 0 vote was because they were requesting a waiver and not a deferral. Mr. Turner stated he was positive that was the reason, and the vote was based on the request for a waiver, and had it been a request for a deferral, the vote would have been very different. Director Cazort made a motion to amend Item 24 to provide for a deferral in lieu of a waiver as currently written, Director Adcock seconded the motion, an by unanimous vote by Board members present, the motion for the amendment passed. Director Keck asked if the grouped items could be read along with items 24 and 25 since the controversy regarding the items had been removed. Vice Mayor Wyrick asked for these two items as well as the grouped items (Items 11 -23) to be read the first time. Director Keck stated he had questions on one of the grouped items. Vice Mayor Wyrick said in that case, Items 24 and 25 would be read and voted on, the grouped items could be read and questions could be asked at that time. Director Keck was agreeable to this. 24. ORDINANCE NO. 18,318 - Z -6719 — Amending Chapter 31 of the Code of Ordinances for the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan right -of -way dedication for 17201 Lawson Road. Agenda July 18, 2000 749 ORDINANCE NO. 18,319 - Z -6719 Amending Chapter 31 of the Code of Ordinances for the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Improvements for 17201 Lawson Road. 25. ORDINANCE NO 18,320 - Z -6719 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Bussell — Short Form PCD located at 17201 Lawson Road, amending Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and for other purposes. Items 24 and 25 were read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board members present, being ten in number and two - thirds or more of the members of the Board of Directors. With a unanimous voice vote of the Board Members present, Ordinances No. 18,318, 18,319, and 18,320 were adopted. Director Keck requested a thirty day delay on the condemnation of three structures located at 2002, 2004, and 2010 Pulaski Street. Mr. Keck stated he had received e -mail from an owner of these properties that these structures may be designated as historic buildings. Mr. Jimmy Pritchard, representing Planning and Neighborhood programs, stated these locations were not in a designated historic district, that taxes had been allowed to go delinquent on the property, and the property had not been maintained over the last several years. Mr. Pritchard said that Mr. Moore, Assistant City Manger, Mayor Dailey and he and other of his staff members had visited with other residents in the neighborhood regarding some other properties as well as this one, and they were all of a serious concern to the neighborhood. Mr. Pritchard told the Board that Staff's concern is that the neighborhood is very concerned about the condition of the property, and the neglect that has gone on over the past few years. Director Keck stated the only thing he would like to ask is, because of the potential significance of this being a historic structure, was a delay of thirty days to see if the City can work with the other historical groups that the owner specifically mentions to see if a strategy can't be put in place to save these structures and if there is not a desire on the behalf of the owner and the other organizations or if this does not turn out to be a historic structure then a movement toward condemnation procedures would be in order. Vice mayor Wyrick asked Director Keck if the properties were to be left on the ordinance, and to vote on it, but just to give the owner(s) an additional thirty days. Vice Mayor Wyrick asked Mr. Carpenter, City Attorney, if that required a motion. Mr. Carpenter replied that it would be an administrative guideline at this point. Director Lichty asked what it would hurt to have a motion and have it a matter of record. Mr. Carpenter answered a motion would also be acceptable. Director Keck said he would like the motion to be a matter of record. Director Lichty seconded the motion. By voice vote, Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly and Vice Mayor Wyrick voted yes, Director Adcock voted no. The motion carried. 10. ORDINANCE To repeal Little Rock, Ark., Revised Code 6 -1- to 6 -52 (1988); to adopt a new Animal Services Ordinance; to provide for the Membership of the Animal Services Advisory Board; to establish the effective date for the ordinance; and for other purposes; to declare an emergency for certain sections of the ordinance. (Deferred from July 5, 2000) (First Reading Only) Mr. Tom Carpenter, City Attorney, walked the Board Members and citizens through the latest draft of the proposed animal ordinance, answering questions, noting suggestions, and changes offered for the proposed ordinance. Mr. Harry Light, Mayor of Maumelle, Arkansas spoke briefly on the Animal ordinance, mainly on the importance of sterilization of pets and differential licensing. Mr. Billy Grace, Director of the North Little Rock Animal Control Services, stated they enacted the differential fine system in 1996 and have had a good amount of success with it, about four times the amount of fine for an un- sterilized dog running loose as opposed to ones that have been sterilized. The only problem they have had with it was that it was approached from a law enforcement prospective, and they issue a lot of citations, and found that may of the citations were issued to low income people. Mr. Grace said the City of North Little Rock enacted a Spay or Pay alternative, but these people still could not afford to sterilize their dogs, so it was making it hard on that group of people. He said they then developed a low cost spay /neuter program in late 1997/1998 and that worked well, and in 1999 the differential licensing went into effect, similar to the one outlined by Mr. Carpenter. Mr. Grace stated that they have seen gradual decreases in animal intake and was glad to see Little Rock considering this. Cindy Alberding, President of the Board of Directors for The Humane society of Pulaski County, speaking in favor of the ordinance, stated that in the short time they have had to review the ordinance they support the changes the City of Little Rock is truing to put in place, and believed it was headed in the right direction. Mr. Don Darnell, 7007 E. Wakefield Drive, stated he was supportive of the general concept, and the overall ordinance but recognized a problem that he was concerned about. His main concern was domesticated ferrets, and stated there should be an exemption for them as pets. He stated that companion animals needed to be exempt, as there were a lot of species being developed as companions for handicapped person to assist them. He said the ordinance should not 4 r 750 Agenda July 18, 2000 apply to person or entities engaged in wildlife rescue or rehabilitation. Mr. Darnell stated in reference to "puppy litter license, dog breeder license" where the ordinance is addressing dogs, he would like to see that extended to include cats. Mr. Carpenter said if the Board wanted the concept of wildlife refuge rehabilitation group, for the time the animal is being rehabilitated is one that could be added without much difficulty. Mr. Jerry Hayes, representing the German Sheppard Dog Club of America, stated that one problem (spaying or neutering laws are not the most effective ways to solve animal control problems. Mr. Hayes stated they have show dogs and treat their dogs like children, and they have seeing eye dogs, search and rescue dogs, and do not let their dogs run loose. He said that while they are concerned about wild dogs, and dogs running loose, they are opposed to mandatory spaying and neutering and felt there were better ways to control over population. Director Lichty asked Mr. Hayes if he had other alternatives in mind, and what they might be. Mr. Hayes said educating the public, and possibly their dog club could put together groups to go out in the neighborhoods and educate the public ... Ms. Leslye Morrow, a professional dog trainer, spoke against spay or pay, saying she would support a reasonable and necessary law that was designed to protect the public's welfare as long as the laws to not violate the rights of responsible animal owners, and they are will written and provide a bonafide solution to a real problem. As a responsible animal owner she said she rejects the notion that responsible animal owners rights have to be violated in order to protect the public welfare. She said responsible animal owners do not allow animals to present real threats or cause real problems within their communities. She said she is opposed to any legislation that is a knee jerk reaction to an emotionally laden incident or problem. She said it may be that a new law is needed, or that the law now existing needs to be re- written and if so she asked for extreme caution in proceeding with restraint when drafting the laws, to ensure logic and not emotion rules the day. It is critical that the needs of the community be considered, that the rights of owners be respected and the problem and solution be genuine. She stated what she had seen and read tonight that there seems to be a conflict of information. She stated she had information that proves that by spaying and neutering alone you do not solve the problem. That it creates problems and costs the cities more. Vice Mayor Wyrick asked Ms. Morrow to provide some more comments to the Board regarding the information she has researched. Director Keck provided the Board's e-mail address, and asked citizens to e -mail them with comments pertaining to the proposed animal ordinance. Marlena Grunewald, member of the Animal Task Force and the Animal Sub - committee, 111325 Rockey Valley Drive, strongly urged the Board to pass this ordinance with the pound seizure prohibition in place. Ms. Grunewald stated animals should leave the shelter in one of three ways, reclaimed by the owner, adopted, or humanely euthanized. She said the Animal Shelter has to be a place people trust. Emily Pennell, 2204 N. Arthur, stated she thought the ordinance if passed would help reduce pet over population in Little Rock and reduce the numbers of healthy adoptable animals that are currently being killed each week at the shelter. She suggested an addition to the cruelty section of the ordinance. She was concerned about dogs that are kept in very small pens or on a very short chain. The cruelty section does not currently address this issue, because a dog on a short chain or confined to a very small areas does not necessarily mean the animal is starving, dying, or diseased, or injured. She wanted to see language added that make it cruel to confine an animal in a space where the dog does not have adequate room to exercise. She stated she and Mr. Carpenter, City Attorney had communicated about possible language to add. She encouraged the Board to address this issue in the ordinance. Director Lichty asked if kennels fell under that category. Ms. Pennell said it did not. Director Lichty said his question relates to minimum space requirements, (the box /carriers), and wanted to know if there were space limitations written into the ordinance, that there should be some provision for that. Director Cazort wanted to know how much space is adequate for pet carriers, and how long should an animal be confined to a pet carrier before it becomes an abusive situation. Mr. Carpenter said the pet carrier issue is addressed only when dealing with one that is being used for transportation, and that may be something that needs to be looked at further. Director Kelly said he liked the idea of addressing the chain issue, but thought the other issue appeared to be digging a little too deep and too far into something that does not appear to be a big problem and didn't thing anything more needed to be added. He stated every base could not be covered, and the carrier issue would probably take care of itself. Upon conclusion of the time allotted to the speakers on the issue, the proposed ordinance was read the first time. Director Adcock asked that the task force members be recognized, that several of them had worked three years on this proposal. Director Hinton asked if a draft of the ordinance could be provided to the alert centers and various neighborhood groups. Mr. Carney stated this could be put on the web site, and the library, as well as alert centers, and available to citizens at the next meeting. Director Kelly said he would like for the task force to help think through the issue of dealing with the impact of the veritable licensing and other requirements that would have on low income people, and perhaps figure out a way to make resources available to people who will be impacted more drastically and not have the resources. Mr. Carpenter stated that one of the things the task force has recommended is that the additional funds that would become available because of the differential licensing, and because of the differential penalties would be 752 Agenda July 18, 2000 used to help defray or pay costs for individuals who would have trouble paying for the spay or neuter. He further stated he thought the Board could designate additional funds from this ordinance should it be adopted, to go into a special enterprise fund and that fund could be used to contract on an annual basis with veterinarians who would perform the necessary stylizations at a reduced rate. Director Hinton asked if a non - profit organization would be formed to help provide funds for the low income. Director Adcock said there was, and there was a group that would be coming before the Board shortly for an adoption center. The grouped items were read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board members present, being ten in number and two - thirds or more of the members of the Board of Directors. The Grouped Items consisted of the following: 11. ORDINANCE NO. 18,306 - S -1285 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for various variance requests Westwood Industrial Park Subdivision, located at the east side of Shackleford Road at Clearwater Drive. 12. ORDINANCE NO. 18,307 - S -1285 — Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Sidewalk Construction for Westwood Industrial Park Subdivision, located at the east side of Shackleford Road at Clearwater Drive. 13. ORDINANCE NO. 18,308 - S -1285 — Amending Chapter 31 of the Code of ordinances for the City of Little Rock, Arkansas, providing for a variance from Master Street Plan minimum requirements for horizontal radius at unnamed cul -de -sac within Westwood Industrial Park Subdivision, located at the east side of Shackleford Road at Clearwater Drive 14. ORDINANCE NO. 18,309 - Z -1285 — Amending Chapter 31 of the Code of Ordinances for the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Improvements Construction for Westwood Industrial Park Subdivision. Located at the east side of Shackleford Road and Clearwater Drive. 15. ORDINANCE NO. - Z- 5736 -A - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a Waiver of Master Street Plan Street Improvements Requirements for Community Fellowship Church, located at 14100 Lawson Road. (Item was deferred to August 15, 2000). 16. ORDINANCE NO. 18,310 - Z -6857 — Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of the jurisdictional and application provisions of Section 31 -5 of the Subdivision Regulations of the City of Little Rock, Arkansas, for St. Paul United Methodist Church located at 9721 Pinnacle Valley Road. 17. ORDINANCE NO. 18,311 - Z -6857 - Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan requirements for St. Paul United Methodist Church located at 9721 Pinnacle Valley Road. 18. ORDINANCE NO.18, 312 - Z- 4249 -C — Approving a Planned Zoning Development and establishing a Planned Office District titled Freeway Business Park — Revised POD located on the south side of I -630, 0.1 mile east of Rodney Parham Road in the City of Little Rock, Arkansas amending Chapter 36 of the Code of Ordinances for the City of Little Rock, Arkansas; and for other purposes. 19. ORDINANCE NO. 18,313 - Z -6863 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Michael — Short Form PCD located at 1701 Rebsamen Park Road, amending Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and for other purposes. 20. ORDINANCE NO. 18,314 - Z- 6526 -A To reclassify property located at 10800 Shackleford West Blvd. For "C -2" Shopping Center District to "0-3 ", General Office District, amending Chapter 36 of the Code of Ordinances for the City of Little Rock, Arkansas; and for other purposes. 21. ORDINANCE NO. 18,315 - S -957 -D Amending Chapter 31 of the Code of Ordinances for the City of Little Rock, Arkansas, providing for a variance from Master Street Plan minimum requirements for horizontal radius and cul -de -sac length for Little Rock Port Authority located on Alden Bowen Road and South Habour Drive. 22. ORDINANCE NO. 18,316 - To condemn certain structures in the City of Little Rock 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. 6 1 752 Agenda July 18, 2000 23. ORDINANCE NO. 18,317 - To disperse with competitive bidding and to authorize the City Manager to enter into an agreement with the Little Rock Civitan Club and Lloyd Choate for the operation of the Zoo Train; to declare an emergency; and for other purposes. After the grouped items were read three times, a voice vote was taken, and the Board Members present unanimously adopted the ordinances for Items 11— 23. The emergency clauses in Items 22 and 23 were unanimously adopted by the Board Members present. 26. ORDINANCE NO.18, 321 - Amending Chapter 31 of the Code of Ordinances for the City of Little Rock, Arkansas, providing for a Waiver of Master Street Plan Right -of- Way Dedication and waiver of Master Street Plan Improvements for Dillards Computer Center, located at 1310 Cantrell Road. ORDINANCE NO. 18,322 — Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas providing for a waiver of Master Street Plan right -of -way dedication for Dillards Computer Center located at in the City of Little Rock, Arkansas amending Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, amending Chapter 36 or the Code of ordinances of the City of Little Rock; and for other purposes. Mr. Bob Turner, Public Works Director, gave an overview of the proposed development. The main issue of discussion was the request from the City of Little Rock, for Dillards to give up an additional 25 feet of right of way, to allow for future widening of the Road. Dillards was requesting a waiver so that they would not have to give up more land. Architect Clyde Webb with Architecture Plus, the firm designing the Dillard's expansion said that meeting the city staff's request for 25 feet of right of way would prohibit any development on the narrow strip of land. Mr. Webb stated that if the 25 feet were taken off, basically it would make the land unusable. The Public Works Department wanted to preserve the right of way on Cantrell Road in hopes of one day, widening the highway. Mr. Jim McKenzie, the Director of Metroplan voiced his opinion that the City may be hasty in waiving the requirements due to the fact that the city may be in a bind later, boxing the City in. A compromise was made on the amount of right of way. Dillards would give the City 15 feet of right of way. The agreement would give the City 90 feet of right of way on Cantrell Road in the Dillard's area, 45 feet from the center lie on the Dillards side of the street and 45 feet on the south side of the street. Mr. McKenzie stated the 15 foot right of way would be acceptable. The other issue in the development was for a waiver for street improvements. Mr. Turner stated that staff had no problem waiving the requirements which would have Dillards pay for upgrading the curbs and gutters, add a median, and widen the roadway as part of the construction, due to those types of road improvements aren't found anywhere else on that section of Cantrell Road. Director Cazort asked if there needed to be an amendment to the ordinance as drafted to reflect the change in the right of way dedication. Mr. Carpenter indicated that he was not sure how to answer that, as he did not remember if the right of way dedication was a specific number. Director Lichty said that it needed to be corrected to agree with the reduced right of way from 55 to 45 feet. Director Cazort stated that regardless of how the amendment needs to be amended to reflect the changes, what happens to this right of way dedication if it is ultimately decided to realign Cantrell Road. Mr. Turner stated they could have the opportunity to come back and request that it be abandoned. Director Kumpuris asked if both parties were in complete agreement on the terms of the right of way. Mr. Turner stated they were. Director Kumpuris moved to adopt the ordinance with the abovementioned changes. Director Kelly seconded the motion. The Ordinances were read the first time. The rules were suspended to provide for the second and third readings of the Ordinances by unanimous vote of the Board members present, being ten in number and two - thirds or more of the members of the Board of Directors. By unanimous voice vote of the Board members present, the ordinances passed. 27. ORDINANCE - Z- 6629 -A Amending Chapter 31 of the Code of Ordinances for the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Street Improvements for Commercial Development Associates located east of University between "B" and "C" Streets. (Item deferred to August 1, 2000) 28. ORDINANCE - Z- 6629 -A Establishing a Planned Commercial District titled Commercial Development Associates — Short Form PCD located at the east side of University Avenue, between "B" and "C" Streets. amending Chapter 36 of the Code of Agenda 753 July 18, 2000 Ordinances of the City of Little Rock, Arkansas, and for other purposes. (Item deferred to August 1, 2000) Director Kumpuris state this property is located next to his office, and would like to recuse on this issue. Mr. Jim Lawson, Planning and Development Director, presented a brief overview of the development, saying the rezoning would allow a 25,600 square foot building on the east side of University Avenue between B and C Streets. The building would likely house high -end retailers. To accommodate the property, C Street would be realigned with the Park Plaza access drive on the other side of University and a traffic light would be added. There was discussion from approximately 10 PM to 11:45 PM. Speakers opposed to the development were Shawn Porter, 123 Brown Street, Bobby Roberts, 3501 Hill Road, Claire Burch, 5817 C Street, Jim Vandenberg, 819 Ash Street, Dr. John Graves, 5218 G Street, Carl Evans, 5907 C Street, Valerie Wingert, 5907 C Street, Dee White, 116 S. Brown Street, Robin Borne. The residents compared the development to landing a concrete flying saucer in their neighborhood, they complained of the expected retail hours, and days, that the children in the neighborhood are endanger because of the increased traffic flow, the drainage problem would increase, and the loss of urban forest and alternative building plans. Director Kelly, a supporting infill developments said he thinks the neighborhood concerns are valid, that the developments on the east and west have a different look and that the intensity of the use is unlike anything else in that neighborhood. Mr. Craig Berry spoke in favor of the development. Mr. Ronald Tabor, representing the client in the proposed development said that his client Commercial Development Associates of Tampa, Florida, were committed to building a quality retail center on University Avenue that would be sensitive to the neighborhood, that this development would add new construction back to the midtown area instead of adding more sprawling developments in West Little Rock, Mr. Lawson stated that the Planning staff considered this a perfect infill development. Director Lichty said he thought this kind of development would lend itself very nicely to that area, he asked if you could not develop a piece of property on a four lane, divided highway across form the second largest shopping mall in the state, where could you develop a commercial property. The Board members asked the two side to meet again, and the issues would be discussed again at the August 1, Board of Directors Meeting. The ordinances were read the first time and held on first reading until the August 1, 2000 Board of Directors Meeting. 29. The City Manager's Activity Report consisted of one item, an announcement of the replacement for the Board's Administrative Assistant, naming Mr. Mitchell Simpson to fill the position, replacing Ms. Melissa Bridges.. Vice Mayor Wyrick opened Citizens Communications. There were no speakers. Director Keck stated it was his understanding that at the end of this week there would be an opening of a new bike path bridge that would connect Little Rock and North Little Rock and asked what plans are to be considered for the Little Rock Side of the bike trail as far as connections to other bike trails. Mr. Carney stated he would provide plans in a report to the Board. Mr. Keck asked to work with staff in working with the property owners associations of Pleasant Valley Estates, Marlow Manor and those impacted in regards to the traffic along Hinson Road and the different alternatives that have been mentioned. Mr. Carney stated there were four alternatives and have determined and submitted a letter to the property owners association believing the city can proceed with one of the alternatives, which is an overhead flashing signal arrangement, one that can be done now with exiting manpower and have asked the associations to review and comment on the alternatives before proceeding. Director Cazort said that in looking at requirements for stop signs, were there instances where stop signs have been installed where warrants did not mandate them. Mr. Turner said yes, there were, an example would be on North University. Director Cazort asked why they were there, and Mr. Turner explained that he Board of Directors had directed them to do so. Director Cazort asked me. Turner if he would agree that a stop sign at the Hinson Road location would do a better job of protecting the left'fam than the flashing signal is going to do. Mr. Turner said he couldn't because there are approximatelyl5, 000 vehicles a day on Hinson Road, and during peak periods if you have a stop sign, it would cause a traffic stack up. Director Cazort then asked if would not have the added benefit of slowing the traffic down. Mr. Turner said historically that's a standard assumption, but in truth, people who stop at unwarranted stop signs, actually try to make up their speed after they go through the stop sign and speed on the other side. Director Cazort stated his concern was speeding money on flashing yellow lights, which people tend to ignore and didn't feel much was going to be accomplished. Mr. Turner stated it clearly is the minimum that could be done there, within a reasonable amount of funds. Mr. Turner stated the majority of the number of accidents occurring there are rear end accidents. The second recommendation if funds were available would be to construct left turn lanes on Hinson to allow the left turning traffic to get out of the flow of the main traffic and if and when X754 Agenda July 18, 2000 traffic signals are warranted. Director Cazort noted to the City Clerk, Item #6, the Planned Office Development for Pleasant Ridge North, that the minutes indicated the Board passed that unanimously, which was in error, that he had voted no. Nancy Wood, City Clerk, stated she would correct the minutes, and send out corrected copies to the Board Members. Director Kelly wanted to follow up on the bicycle path, and had a renewed interest in the chain of parks concept. Director Kelly stated he would like to move that chain of parks notion in front of the Board again, out of more thought and re- consideration out of concern that access to private land and right of ways may be deteriorating and would like some sort of report regarding this. Director Kelly that in response to his request for a five -year trend analysis of assets and liabilities of the city he read in the Administrative report that that was not yet available because the 1999 budget has not been audited. Director Kelly said if four years that had been audited and one that had not, it would give him a pretty good idea of where the city is going. He stated that he did not need to wait, and would like the trend analysis to go ahead and be prepared. Director Kelly stated he worked hard last year to make sure the budget process was open and understandable to the public, that they had some real legitimate input and feedback on the budget, and would like to know as quickly as possible what is the city's plan for presenting the budget (2201) to the public and what efforts are being made to make the budget itself more easily understandable to the public. Mr. Carney, City Manger, responded that the plan was to do a similar public hearing process as last year, at least six public hearings, as the budget can go out to neighborhoods and conduct meetings to explain details of the budget and to have it in a format that is more understandable in terms of combined program budget. Director Lichty asked Mr. Carpenter about pending litigation against he City of Little Rock regarding the movement of utilities for the State House Convention Center and thought there was going to be a memorandum for the Board concerning the status of that. Mr. Carpenter said he thought he said the draft memorandum to the Board was in place when the City got notice of the suit and that he was going to prepare a response to the suit and file that, and would provide to the Board next Thursday a more detailed update and probably a copy of the response. Director Kumpuris referring to the new goal setting process, allocating monies to do studies of west Little Rock and the basins and whether that comes from or has already been done in part by some of the utilities, but now that they are getting ready to start in earnest there is a need to know how much money they have and what options they have to do that sort of thing and would like to have a report on how this will be done. Director Hinton said that it had been brought to his attention that there may be a possibility of two traffic signals in the City that many be available soon, and said he though there were already studies on Hughes and 12t Street that may warrant a signal light and would like to go record as suggesting that whenever these stop lights do become available, that Hughes and 12th Street be one of the streets that be looked at for obtaining one of these, and if not, he wanted to make sure this street was on the list for the next traffic light. Mr. Carney said it might be helpful to the Board to review the priority of ranking of various traffic signals. Director Adcock announced that Saturday was Neighborhood Connections for all the Directors, 8:30 AM until 11:30 at the Adult Center. At 11:45 PM, Vice Mayor Wyrick with a second from Director Cazort motioned for the meeting to be recessed until July 25, 2000, at which time it would be reconvened for the public hearing for the HUD Five Year Consolidated Plan. ATTEST: APPROVED: (00- U/ NANCY WOOD CITY CLERK AYOR JIM DAILE 0