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08-02-04Little Rock Board of Directors Meeting August 2, 2004 6 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham August 2, 2004 Z1I1201 The Board of Directors of the City of Little Rock, Arkansas met in regular session with Vice Mayor Hinton Presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Pugh, Adcock, Keck, Stewart, Hurst, Wyrick, Cazort, Kumpuris and Vice Mayor Hinton. Director Graves and Mayor Dailey were absent. Director Keck gave the Invocation, which was followed by the Pledge of Allegiance. Vice Mayor Hinton asked the Board to consider the listed modifications to the agenda. ADDITIONS: M -1. RESOLUTION NO. 11,806 - To authorize the City Manager to execute a change order to the 3rd Street Improvement Project from Mahlon Martin Drive (Formerly Collins Street) to Shall Street, providing for the use of 1998 infrastructure bond contingency funds to use as grant matching funds and for other purposes. Synopsis: Authorizes the City Manager to execute a change order in the amount of $457,510.13 to the 3rd Street improvement project to extend it to Rector Street and to use up to $53,472.57 in 1998 bond contingency funds as grant- matching funds. DEFERRALS 15. PUBLIC HEARING & RESOLUTION - Item deferred per applicants request until the September 7, 2004 BOD Meeting. Z -7649 — To appeal the Little Rock Planning Commission's action in denying a conditional use permit to allow the existing residential structure on the R -3 zoned property located at 3007 S. Cross to be converted into a day care center. Planning Commission: S yes, 5 no, 1 absent. Staff recommends denial. Synopsis: Ms. Sara Facen, the applicant is appealing the Planning Commission's denial of a conditional use permit to allow the existing residential structure on the R -3 zoned property located at 3007 Cross Street to be converted into a day care center. 13. PUBLIC HEARING & RESOLUTION - Applicant did not receive notification, per appeals procedure. Z -7618 — To appeal the Little Rock Planning Commission's decision to approve Dickerson Day Care Family Home located at 6 Rosemoor Drive. Planning Commission: 10 yes, I no. Staff recommends approval. 14. PUBLIC HEARING & RESOLUTION - Applicant did not receive notification, per appeals procedure. Z -7619 — To rescind the Little Rock Planning commission's decision to Little Rock Board of Directors Meeting August 2, 2004 6 PN1 approve Watkins Day Care Family Home located at 7716 Burnelle Drive. Planning Commission: 10 yes, 1 no. Staff recommends approval. WITHDRAWALS 17. PUBLIC HEARING & RESOLUTION Withdrawn by Applicant. Z- 4670 -A — To appeal the Little Rock Planning Commission's action in approving a revised conditional use permit for the Second Presbyterian Church located at 600 Pleasant Valley Drive. Planning Commission: 10 yes, 0 no, I recusal. Staff recommends approval of the conditional use permit. Synopsis: J. Blake Hendrix is appealing the Planning Commission's action in approving a revised conditional use permit to allow Second Presbyterian Church to construct a building for youth services and activities on the existing church site located at 600 Pleasant Valley Drive. 2. MOTION - Z -7647 — To set the date of public hearing for August 17, 2004 requesting an appeal of the decision of the Little Rock Planning Commission to issue a special use permit to Boyd Child Care Family Home located at 3809 Pine Cone Drive. Planning Commission: 8 yes, 2 no, 1 absent). Staff recommends denial. Appeal withdrawn by petitioner Director Cazort made a motion to add M -1 to the Consent Agenda, and defer Items 13,14, and 15, and remove Item 2 and 17 from the agenda; Director Hurst seconded the motion, and by unanimous voice vote of the Board members present, the modifications were made. Presentations: None The Consent Agenda consisted of Items 1 -6. MOTION - To approve minutes from the regular Board of Directors Meeting: 5 -18- 2. MOTION - Z -7647 - To set the date of public hearing for August 17, 2004 requesting an appeal of the decision of the Little Rock Planning Commission to issue a special use permit to Boyd Child Care Family Home located at 3809 Pine Cone Drive. Planning Commission: 8 yes, 2 no, 1 absent. Staff recommends denial. 3. MOTION - Z -7648 — To set the date of public hearing for August 17, 2004 to appeal the Little Rock Planning Commission's action in denying a conditional use permit to allow the conversion of the existing residence on the R -4 zoned property at 519 E. 20th Street into a day care center. Planning Commission: 1 yes, 8 no, 1 absent, 1 abstention. Staff recommends denial of the Conditional Use Permit. 4. RESOLUTION NO. 11,803 - Authorizing the Mayor and City Clerk to execute deeds for the sale of City owned vacant lots to Rose M. Lody. Synopsis: Authorizes the Mayor and City Clerk to execute deeds for the sale of excess property being lots 8 and 9, Block 35, old Town of Mabelvale. 5. RESOLUTION NO. 11,804 - Authorizing the Mayor and City Clerk to execute deeds for the sale of City owned property on Thayer to Carter Radiator. Synopsis: Authorizes the execution of the 2 Little Rock Board of Directors Meeting August 2, 2004 6 PM deed for the sale of excess property being 10ft east and 75 ft west if Carter Radiator on Wright Avenue, who wishes to use the property for business parking. 6. RESOLUTION NO. 11,805 - Amending Resolution 11,777 (07- 13 -04) authorizing the Mayor and the City Clerk to grant a right -of -way easement for the purpose of placement of electrical facilities on a portion of certain land owned by the City of Little Rock located in the Russell's Addition in the City of Little Rock, Arkansas. Synopsis: Authorizes the Mayor and City Clerk to grant a utility easement to Entergy Arkansas Inc. Revision to make correction to legal property description. The Consent Agenda consisting of Item 1 -6 and Item M -1, was read. Director Hurst moved for the adoption of the consent agenda; Director Cazort seconded the motion and by unanimous voice vote of the Board members present, the Consent Agenda was adopted. During the Citizens Communication portion of the meeting the following citizens presented cards to speak: Speaker: Troy Laha Topic: Thanked the Board and Staff for the cleanup efforts in Southwest Little Rock. He recognized Barbara Hyatt for an outstanding job in dealing with the occupants and the press and Tracy Roark and the facilitators and the whole staff have done a great job above and beyond the call of duty. Speakers: Bill Mullis Greg Pawelski Topic: Asked the Board to review the City ordinance regarding electronic security fences. Mr. Moore, City Manager announced that staff and the City Attorney had met with Mr. Mullins, and stated the situation will have to be addressed due to the fact that Mr. Mullins already operates six locations in the City that actually has these electric fences. The ordinance has been on the books since 1996. He stated staff has started the research and did review the packet Mr. Mullins had sent earlier and have met with MEMS and the police and fire chief. He said a report would be to the Board by August 20, 2004. The grouped items consisted of Items 7 -12. Mr. Tony Bozynski asked the Board to consider Item 19 as part of the grouped items, if there were no cards presented, after the Vice Mayor opened and closed the public hearing. He stated that Item 19 is related to Item 9. Director Cazort suggested, regarding the balance of the public hearings scheduled, Items 16,17,18, and 19, if there were no cards turned in to speak on any of the items, perhaps those could be grouped after the public hearings are opened and closed. Vice Mayor Hinton indicated he had received cards on Item 16 and 18. Ms. Wood, City Clerk reminded the Board that Item 17 had been withdrawn. Director Cazort requested that the Vice Mayor open and close the public hearing on Item 19 and add to the grouped items. 3 Little Rock Board of Directors Meeting August 2, 2004 6 P 7. ORDINANCE NO. 19,152 - Approving a Master Street Plan for the Little Rock Planning Area and related matters repealing Ordinance No. 15,519; and for other purposes. Synopsis: This is a clean up and minor modification of the Master Street Plan and re- adoption of that document. 8. ORDINANCE NO. 19,153 - Z -7622 — Reclassifying property located at 15617 Chenal Parkway from R -2 to C -3 and OS, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The owner of the 6.673 acre property at 15617 Chenal Parkway is requesting that the zoning be reclassified from R -2 to C -3 with the portion of the property located in the floodway being zoned OS. 9. ORDINANCE NO. 19,154 - S -1397 — Granting a variance form various lot development standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow a reduced lot with and a variance to allow a reduced lot area of the Glen Valley Subdivision Preliminary Plat located east to Gooch Road and West of Heatherbrae Phase III. Planning Commission 7 yes, I no, 3 absent. Staff recommends approval. Synopsis: The applicant proposes to subdivide this 15.4 -acre tract into 55 single - family lots. The proposed subdivision will require variances from the Subdivision Ordinance to allow developments of two of the lots with reduced lot widths and two of the lots with a reduced lot area. 10. ORDINANCE NO. 19,155 - Amending Chapter 8 of the Little Rock Code of Ordinances, providing for the adoption by reference of the 2003 Arkansas Mechanical Code with Arkansas Amendments and 2003 Revisions, and for other purposes. Staff recommends approval. 11. ORDINANCE NO. 19,156 - To dispense with competitive bidding and enter into an agreement with City Year; to ratify any prior actions and payments; and for other purposes. 12. ORDINANCE NO. 19,157 - Ordinance authorizing the issuance of a promissory note to provide short-term financing under Amendment No. 78 to the Arkansas Constitution for the acquisition, construction and installation of real and tangible personal property; and prescribing other matters pertaining thereto. Synopsis: The ordinance authorizes the issuance of $4,215,000 of short -term notes and gives the Mayor, City Clerk and Treasurer the authority to take the necessary actions to complete the issuance. The ordinances (Items 5 -12 and Item 19) were read the first time. (Vice Mayor Hinton had opened and closed the public hearing on item 19 before it was included in the list of grouped items.) A motion was made by Director Adcock, seconded by Director Cazort to suspend the rules and place the ordinances on second and third readings. By unanimous voice vote of the Board members present the rules were suspended and the ordinances were read the second and third time. By unanimous voice vote of the Board members present, the ordinances Items 5 -12 and Item 19 passed. 11 Little Rock Board of Directors Meeting August 2, 2004 6PM 13. PUBLIC HEARING & RESOLUTION - Z -7618 — To appeal of the Little Rock Planning Commission's decision to approve Dickerson Day Care Family Home located at 6 Rosemoor Drive. 10 yes, I no, 0 absent. Staff recommends approval. Deferred due to improper notification process. See modifications. 14. PUBLIC HEARING & RESOLUTION - Z -7619 - To the Little Rock Planning Commission's decision to approve Watkins Day Care Family Home located at 7716 Burnelle Drive. Planning Commission: 10 yes, 1 no, 0 absent. Staff recommends approval. Deferred due to improper notification process. . See modifications. 15. PUBLIC HEARING & RESOLUTION - Z -7649 — To appeal the Little Rock Planning Commission's action in denying a conditional use permit to allow the existing residential structure on the R -3 zoned property located at 3007 S. Cross to be converted into a day care center. Planning Commission: 5 yes, S no, I absent. Staff recommends denial. Synopsis: Ms. Sara Facen, the applicant is appealing the Planning Commission's denial of a conditional use permit to allow the existing residential structure on the R -3 zoned property located at 3007 Cross Street to be converted into a day care center. Deferred to September 7, 2004 at applicant request. See modifications. 16. PUBLIC HEARING & RESOLUTION - Z -7617 — To appeal the Little Rock Planning Commission's action in approving a conditional use permit to allow a duplex located at 2119 W. 17th Street. Planning Commission 11 yes, Ono, Staff recommends approval of the special use permit. Synopsis: Ms. Ethel Ambrose, an objector of record, is appealing the Little Rock Planning Commission's approval of a conditional use permit to allow the existing residence at 2119 W. 17th Street to be converted into a duplex. The ordinance was read the first time. Mr. Tony Bozynski, Planning & Development Director, gave a brief overview stating the issue was a resolution to rescind the Planning Commission approval of a conditional use permit to allow a duplex at 2119 W. 17th Street. The property is zoned R -3 single family that is the City of Little Rock's small lot single family zoning classification, and does allow duplexes as conditional use. The property was in disrepair for a number of years, a burn out, and supposed problems with drugs. The current owner is proposing to convert an upstairs area into second living quarters. The structure will have a total of 2500 Square feet, with the square footage split with 1400 square feet for the downstairs and about 1100 square feet for the upstairs. Staff recommends approval of the conditional use permit, and denial of the resolution to rescind it. He stated that staff feels this is a project that is reinvesting into this neighborhood which does need reinvestment. The footprint of the structure is not changing, very little physical features of the building itself will change, and the applicant has agreed by a condition, to not build another structure on a platted lot to the west of the existing building. He has incorporated that into his overall yard area. There is a lot of work going on and Mr. Bozynski stated he did not think the duplex would have an impact on this neighborhood. It is in keeping with the density and the existing use mix of the neighborhood, there are other duplexes and multi - family in the area. The Planning Commission approved the conditional use permit by a vote of 11 yes, o no. Ms. Ethel Ambrose, President of the Central High Neighborhood Association. She said many years ago they developed a long -range plan for 5 Little Rock Board of Directors Meeting August 2, 2004 6 P11 revitalization of the neighborhood. She said the neighborhood has a disproportionate high number of renters. One of the goals of their long -range plan is to work to achieve a better balance between homeownership and rental property in the neighborhood. At the Planning Commission Hhearing, she said one of the Commissioners asked her how many of the Board members had rental property in the neighborhood. She stated she then realized the Planning Commissioners had been lobbied and stated she has a carriage house on her property. There is very basic difference in that when she invested in the neighborhood twenty -odd years ago, they took a house back from six apartments to single family, and took a carriage house from two apartments to single family with no changes in the zoning. She stated this is the trend they are struggling for and to not go in the direction of more rental houses. She said there are a number of people that are investing in the neighborhood, with restorations going on in the $100,00 to $300,000 range. These will be owner occupied houses. She said to approach this as a conditional use issue and shift it from single family occupancy to duplex is spot zoning, and not in the best interest in helping a neighborhood follow a neighborhood plan, and grow and revitalize by design rather than hit or miss. Ms. Ambrose urged the Board's support of their neighborhood plan. Mr. Paul Dodds, owner of the property, stated he has taken an abandoned vacant and condemned burned out house and has invested close to $100,000 in turning it into a home. He stated he was planning on living there himself and taking a buildable lot next door, which he was giving up the rights to develop in exchange for having a small apartment, which he stated he would use to help pay back the mortgage. Mr. Dodds said the neighborhood desperately needs investment and understood there had been a historical problem of very run down rental property. He said the single family zoning is a very useful mechanism to try to encourage historical sensitive investment and appropriate investment but thinks it is a neighborhood that needs an awful lot of investment as there are many large houses, many which have large holes in the roofs and are waiting for the next fire, and given the demographics, where family sizes are smaller, not everyone wants to live in a large house. These places need a lot of work. He said he had taken a house which needs a lot of work, and is putting a lot into it, and this is a way for him to try and get back some of the value, by using some space that he doesn't need. He asked the Board to support he project. Director Keck as a point of order, for clarification, stated this an appeal, so it would take a motion by a Board member to move forward, and without a motion, it would die. Mr. Carpenter, City Attorney, said that would be correct. Mr. Carpenter stated, the Board is having the public hearing now, and when that is closed, any action, or no action would happen after that. There was no action by the Board of Directors. The resolution failed. 17. PUBLIC HEARING & RESOLTUION - Z- 4670 -A — To appeal the Little Rock Planning Commission's action in approving a revised conditional use permit for the Second Presbyterian Church located at 600 Pleasant Valley Drive. Planning Commission: 10 yes, 0 no, 1 recusal. Staff recommends approval of the conditional use permit. Synopsis: J. Blake Hendrix is appealing the Planning Commission's action in approving a revised conditional use permit to allow Second Presbyterian Church to construct a building for youth services and activities on the existing church site located at 600 Pleasant Valley Drive. Withdrawn by applicant 18. PUBLIC HEARING & RESOLUTION - Z -7586 — To appeal the Little Rock Planning Commission's action to deny the conditional use permit for Bre's Playhouse, day care center, no Little Rock Board of Directors Meeting August 2, 2004 6 P located at 9009 Woodford Drive. Planning Commission: 0 yes, 11 no. Staff recommends denial. Resolution failed. The resolution was read. Mr. Tony Bozytski presented an overview of the item saying it was different from the previous one, in that the Planning Commission denied the application and the applicant is appealing the Planning Commission's decision. The resolution before the Board is to rescind the Planning Commission's denial. The proposal is to allow a day care center at 9009 Woodford. This is not a day care family home; the applicant will not reside at this location. They are proposing to keep up to sixteen children with a total of three employees, which includes the applicant. The day care is located in the middle of a residential neighborhood, and staff does not feel this is an appropriate location for this type, basically commercial use. The Planning Commission had concerns with it, adequate parking cannot be provided on this lot, and staff is recommending denial of both the resolution and the conditional use permit, and upholding the Planning Commission action on this request. Director Stewart asked if the applicant has ever had a permit to operate. Mr. Bozynski stated it was his understanding that the applicant was approved for a day care family home in this general area several years ago. Mr. Bozynski stated a day care family home allows from six to ten children and requires the care provider to live in the home, and is used as their principal residence. Ms. Earthalene Adams, the applicant, stated she was the owner of Bre's Playhouse and the reason she appealed was that she didn't understand why it was turned down, that she had been operating this daycare since 1997. Ms. Adams said she never received a permit. She said she called City staff that told her they would get back with her but never did, so she said she though it was all right. She said she was living at 7500 Fairfield and when the first earthquake came through, it shifted her house off the beam and she had to find somewhere else to go. In the process of her moving she said the "City" called her, and she told them she was in the process of moving and asked what time she would be in her other house, she told city staff a month or six weeks. She said someone from the City came by and gave her an application and told her how much money she had to pay, and that is what she did, but never heard anything else. She said her son moved in to help her then a nephew passed away and she and her sisters took in five kids and did not have enough room. A house came up for rent across the street, and said she didn't know she was doing anything wrong because she had not hear anything from the city. She said the house was a two bedroom and she asked the owner if she could rent it. She said she called the State to give her approval, they told her she did not have to live in the house. She said she told them she still wanted an in -home day care, and the person form the state said that was fine, that it would remain an in -home day care. She stated the lady from he state told her they could license her for up to sixteen kids. She said that was in 2000 at the address of 9001 Woodford Drive. She said she was there for two years, and the said the person she was renting from asked her to buy the house. She said she couldn't afford the house, and another house came up for sale and she and her son are buying the house she currently lives in. Director Stewart asked Ms. Adams if she has a permit, to which Ms. Adams answered she had never received one. Director Stewart asked Ms. Adams if she had ever applied for one. Ms. Adams said, "yes, they told me I did ". Director Stewart asked her if she had personally applied for a permit. Ms. Adams answered, "yes, I feel like I applied but never received one ". Director Stewart asked Ms. Adams if she had sixteen kids when the state came out and licensed her. Ms. Adams said she did. Director Stewart asked her if she had been operating since 1997. Ms. Adams said no, since 1995. Director Stewart asked her if this was without a permit. Ms. Adams answered yes. She said at the daycare on Fairfield she had eight 7 Little Rock Board of Directors Meeting August 2, 2004 6 P kids, then when she moved to 9008 she had ten, then when she moved to 9001 that is when she said the state issued her a permit for sixteen children. Director Stewart asked Ms. Adams which house she lived in. She said she lives at 9008. Director Stewart asked her if that is where the day care is, and Ms. Adams stated no, it is at 9009, across the street. Director Stewart asked her how many employees she had. Ms. Adams said she had two, who are paid employees. Director Stewart asked Ms. Adams when she first discovered she needed a permit. Ms. Adams said when the City called her. Director Stewart asked Ms. Adams if she understood why she was denied the permit. Ms. Adams answered, "because they said I am supposed to be living in the house but the house is too small for her family and to operate a daycare." Director Cazort asked her if she had looked at commercial locations for her day care. Ms. Adams replied that everyone she looked at was full on the main streets. Director Cazort clarified to Ms. Adams that the Board is voting on not whether it is good or bad for her to have a day care or her ability to run a day care, but whether or not what Ms. Adams intended to do was an appropriate use in a residential neighborhood. Ms. Adams said she really did not want a day care center, just an in home day care. Director Cazort stated that an in -home day care requires the person operating the day care resides there. Ms. Adams said that DHS said she did not have to live there. Director Wyrick asked Ms. Adams if she had ever lived at 9001 Woodford. Ms. Adams said she did not. Director Wyrick asked her if this is where she had sixteen children. Ms. Adams said yes, from 2000 to 2002. Director Wyrick asked Ms. Adams if the city had issued a permit for a day care there? Ms. Adams answered no, that she never had a permit. Director Adcock asked Ms. Adams if she had ever had a privilege license, that day cares are required to have these licenses in the City of Little Rock. Ms. Adams said she had never purchased a privilege license. Director Pugh asked Ms. Adams if she really wanted the day care, could she swap with her son and live where the day care is located. Ms. Adams said her son lives with her. Director Pugh asked who is living in the house where the day care is located? Ms. Adams replied that no one was. Director Stewart stated it appeared to her that Ms. Adams had not been receiving proper information. Ms. Adams asked how many kids could she have if she lived at the day care site? Mr. Bruce Moore, City Manager, answered that she could have a maximum of ten children. Mr. Moore stated the question before the Board is whether or not the City will allow a day care of up to sixteen kids in this residential neighborhood. He stated that staff is opposed, and it failed at the Planning Commission. The permitting issues that have been brought up are not relative to this discussion. But said it is incumbent upon the business owner to acquire the necessary permits. Mr. Troy Laha, Ms. Janet Berry, Ms. Jane Harrison, Ms. Joy Young, and Ms. Mae Bratton spoke in opposition to the day care center saying it was inappropriate for the neighborhood, and felt it was a commercial business, and was generally opposed to day care centers and business in general in residential neighborhoods. There was no motion to take action. The resolution failed. 19. PUBLIC HEARING & ORDINANCE NO. 19,158 - G23 -337 - To abandon a public right of way located on Gooch Road at the eastern most end. Planning Commission: 7 yes, I no, 3 absent. Staff recommends approval. Synopsis: The applicant is requesting the abandonment of the eastern most end of Gooch Road maintaining an existing sewer easement. Vice Mayor Hinton opened the public hearing. No cards were turned in, and no one was present to speak in favor or in opposing the item. Vice Mayor Hinton closed the public hearing. Little Rock Board of Directors Meeting August 2, 2004 6 PM Mr. Bruce Moore, City Manager announced the locations and events planned for National Night Out. A motion was made by Director Cazort to adjourn the meeting. Director Hurst seconded the motion, and by unanimous voice vote of the Board members present, the meeting adjourned at 7:15. ATTEST: S ancy ��'OOd Nancy Wood, City Clerk APPROVE: Jim Dailey Jim Dailey, Mayor z