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
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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
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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.
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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.
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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
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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,
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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
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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
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