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08-17-04City of Little Rock Board of Directors Meeting August 17, 2004 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham August 17, 2004 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. City Clerk, Nancy Wood called the roll with the following Directors P, Keck, and Adcock. Director Adcock gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications to tonight's agenda. MODIFICATIONS ADDITIONS M -1. ORDINANCE 19,159 - To authorize the City Manager to enter into a contract with RCC Consultants, Inc. for $95,393 to develop a study plan of a regional communications system for Pulaski County and its municipalities. Staff recommends approval. Synopsis: The consultant will analyze existing and future emergency communications system needs and determine if a regional system for the Pulaski County areas is viable. M -2. RESOLUTION 11,808 - To purchase Microsoft upgrades for the operating systems software on system -wide critical servers to Windows 2004 and for Exchange, Sharepoint, and SMS applications in the amount of $275,479. Staff recommends approval. Synopsis: The soft ware upgrades are necessary to maintain Microsoft support, and to stay current with network technology. Funding for the software upgrades was approved by the Board of Directors in the Phase I short-term financing ordinance. Upgrades will be purchased from SHI, Inc. under agreement per the Arkansas State purchasing contract. M -3. RESOLUTION 11,809 - To purchase critical application computer servers, which provide services to all City of Little Rock departments in the amount of $143,750. Staff recommends approval. Synopsis: These systems provide services to all City departments. Funding for the system replacement was approved by the Little Rock Board of Directors in the Phase I short-term financing ordinance. Servers will be purchased from Gateway Computer per the Arkansas State purchasing contract. M -4. ORDINANCE 19,160 - Authorizing the City Manager to amend the construction contract with Joyner, Ford Burke Construction Company, Inc. to add work on the streetscape improvements proposed in the River Market Area. Synopsis: $75,000 Funds to come from short-term financing approved by the Board of Directors on August 2, 2004 and from private donations. WITHDRAWAL City of Little Rock Board of Directors Meeting August 17, 2004 6:00 PM (Applicant's Request) 26. PUBLIC HEARING & ORDINANCE - G -23 -334 — To abandon a portion of the fifty -foot wide Grant Street right -of -way between Lots 7 -10, Block 9 and Lots 7 -10, Block 10, Lincoln Park Addition. Planning Commission: S yes, 6 no. Staff recommends approval. Synopsis: Heywood Weedman, Stephen Maxwell and Doug Buxton request to abandon the fifty -foot wide Grant Street right -of -way between Lots 7 -10, Block 9 and Lots 7 -10, Lincoln Park Addition. Director Keck, in reference to Item M -1, regarding the study plan, the $95,000 allocation, asked what other municipalities and governing bodies were contributing to this, and has MEMS been involved in the discussion involving this. Mr. Bruce Moore, City Manager stated that MEMS has been involved in the study team and stated the amounts for Little Rock, North Little Rock and the County, noted in the resolution, is $11,900. He stated staff originally thought that figure was going to be closer to $18,000 per entity but the bid came in lower and the other cities, Jacksonville, Maumelle, Sherwood are paying a reduced sum from that. The business community is paying half of this. Ms. Wood clarified that Item M -1 was written as an ordinance rather than a resolution as was indicated on the agenda. Mayor Dailey asked the Board to add this to the list of grouped items. Director Keck made the motion, with Director Hurst seconding, to make this item a part of the grouped list. By unanimous voice vote of the Board member present, the item was grouped. Director Cazort made the motion, seconded Director Adcock to add M -2 and M -3 to the Consent and Items M -1 and M -4 to the grouped list of grouped items. Mayor Dailey noted that Item 26 has been withdrawn at the applicant's request. By voice vote of the board members present, the modifications were made. Nancy Wood, City Clerk, stated that she had received word from Mr. Bozynski, Planning Director, that Item 24 should be deferred. Director Keck made the motion for deferral of the item for two weeks. Mr. Bruce Moore, City Manager stated that this is the item that has been on the Board's agenda for quite some time. The legal issues have been worked out, and that Mr. Carpenter, City Attorney could speak to those issues if necessary, but staff felt it best to defer because the notification that the legal issues had been resolved were just learned late Friday or Monday, and felt a two week deferral would be desirable. Director Cazort seconded the motion. By unanimous voice vote of the Board members present, the modifications were made. PRESENTATIONS: CERT Graduates— Recognition Presentation Plaque to Will Schmidley Proclamation — National Homeless Animal's Day CONSENT AGENDA (1 -11) 1. MOTION G -23 -338 — To set the date of public hearing for September 7, 2004 to request the abandonment of a public right -of -way located east of North University Avenue and west of 2 City of Little Rock Board of Directors Meeting August 17, 2004 6:00 PM Pierce Street for portions of "A" and "B" Streets. Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: The applicant is requesting the abandonment of portions of "A" and `B" Streets as a public right -of -way and utility easement located within a proposed Planned Commercial Development titled University Plaza Long -form PCD. 2. MOTION Z -7664 — To set the date of public hearing for September 7, 2004 to appeal the Little Rock Planning Commission's action in denying a request for rezoning of the site located at 13504 Crystal Valley Road from R -2 Single- family to PD -C. Planning Commission: 5 yes, 6 no, 0 absent. Staff recommends approval of the requested PD -C zoning. 3. RESOLUTION 11,810 - Awarding a real estate appraisal services contract to Richard A. Stephens & Associates for appraisals of rights -of -way and easements of specific projects for the 2004 Bond Capital Improvement Program. Staff recommends approval. Synopsis: Authorizes the City Manager to execute a contract with Richard A. Stephens & Associates for appraisal services for specific 2004 Bond Program street construction, traffic signal and intersection improvement, drainage improvements and school area pedestrian safety Capital Improvement Projects. 4. RESOLUTION 11,811 - Awarding a real estate appraisal services contract to the Citadel Real Estate Services for appraisals of rights -of -way and easements of specific projects for the 2004 Bond Capital Improvement Program. Staff recommends approval. Synopsis: Authorizes the City Manager to execute a contract with the Citadel Real Estate Services for appraisal services for specific 2004 Bond Program street reconstruction, traffic signal and intersection improvement, drainage improvement and school area pedestrian safety Capital Improvement Projects. 5. RESOLUTION 11,812 - Awarding a real estate appraisal services contract to Arkansas Appraisal Associates for appraisals of rights -of -way and easements of specific projects for the 2004 Bond Capital Improvements Program. Staff recommends approval. Synopsis: Authorizes the City Manager to execute a contract with Arkansas Appraisal Associates for appraisal services for specific 2004 Bond Program street reconstruction, traffic signal and intersection improvement, drainage improvements and school area pedestrian safety Capital Improvement Projects. 6. RESOLUTION 11,813 - To set the date of public hearing for September 7, 2004 on the projected uses of 2005 CDBG, HOME, and ADDI funding. Synopsis: As a regulatory requirement, a public hearing must be conducted on the proposed uses of 2005 CDBG, HOME, and ADDI funding, which the City expects to receive form the Department of Housing and Urban Development. 7. RESOLUTION 11,814 - To authorize the City Manager to transfer property to Habitat for Humanity. Synopsis: The City has received a request to transfer ownership of 4321 West 18th Street to Habitat for Humanity for the purpose of building a new affordable home. 3 City of Little Rock Board of Directors Meeting August 17, 2004 6:00 PM 8. RESOLUTION 11,815 - A resolution authorizing the City Manager to appoint BKD, LLP to provide certified public accounting services to the City of Little Rock, Arkansas for the period 2004 — 2008; and for other purposes. 9. RESOLUTION 11,816 - To authorize the City Manager to enter into a contract with Cranford Construction Company, Inc. in the amount of $129,945 for the paving for various park facilities. Synopsis: Funds for paving asphalt pathways at Benny Craig, Wakefield Parks, and Hindman and War Memorial Golf Courses. 10. RESOLUTION 11,817 - To authorize the Mayor and City Clerk to amend an existing lease agreement with Arkansas Highway & Transportation Department, and for other purposes. Synopsis: To authorize the Mayor and City Clerk to amend a existing lease the Arkansas Highway and Transportation Department to allow Central Arkansas Transit Authority to place an electrical transformer on the property for their use in connection with the River Rail Trolley system. 11. RESOLUTION 11,807 - To authorize the purchase of property for the use of the Animal Services facility. End of Consent Agenda The consent agenda consisting of Items 1 -3 and Items M -2 and M -3 was read. A motion was made by Director Adcock, seconded by Director Hurst, to adopt the Consent Agenda. Director Keck stated he would like to recuse on Item 3, due to the fact that The Stephens Firm has done work for his wife's family. By voice vote the consent agenda was adopted by a vote of 10 in favor, 1 recusal. Grouped Items (12 - 23) PLANNING & DEVELOPMENT 12. ORDINANCE 19,161 - S -1439 — Granting a variance from various lot development standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a variance to allow a reduced front building line for the Willows Subdivision preliminary plat located on the southeast corner of Woodall Lane and Taylor Loop Road. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: The applicant is proposing the subdivision of this 3.0 acre tract into 12 single - family lots. The proposed subdivision will require a variance from the Subdivision Ordinance to allow a reduced front building line. 13. ORDINANCE 19,162 - Z -7668 — Approving a Planned Zoning Development and establishing a Planned Residential District titled Chardeau Court Addition Short -Form PD -R located at 12900 Hinson Road, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning City of Little Rock Board of Directors Meeting August 17, 2004 6:00 PM from R -2, Single - family to PD -R to allow the development of this 1.85 -acre tract with 10 single- family zero lot -line patio homes. 14. ORDINANCE 19,163 - S -1448 — Granting a variance from various lot development standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a variance to allow a reduced lot area for the Chardeau Court Addition preliminary plat located at 12900 Hinson Road. Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: The applicant is requesting a variance from the Subdivision Ordinance to allow Lots 2 — 4 to develop with a reduced lot area. 15. ORDINANCE 19,164 - Z -7665 — Approving a Planned Zoning Development and establishing a Planned Residential District titled Rock Haven Addition Short -Form PD -R located at 1000 and 1100 Kirby Road, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of the site from R -2 to PD -R to allow the development of 24 single - family homes as a zero lot - line subdivision. A portion of the property is located outside the City limits but within the City's extraterritorial planning jurisdiction. 16. ORDINANCE 19,165 - Z -1449 — Granting a variance from various lot development standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow a reduced lot area for the Rock Haven Addition Preliminary Plat located at 1000 and 1100 Kirby Road. Planning Commission: 10 yes, 0 no and I absent. Staff recommends approval. Synopsis: The applicant is requesting a variance from Subdivision Ordinance to allow Lots 4 -8 and 14 -24 to develop with a reduced lot area. 17. ORDINANCE 19,166 - S- 285 -III — Granting a variance from various lot development standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a variance to allow double frontage lots for the Cypress Point Subdivision Lots 311 -363 Revised Preliminary Plat located east of Patrick Country Road at Chenonceau Boulevard. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: The applicant is requesting the subdivision of this 18.94 -acre tract into 53 single - family lots. Lot 312 and Lots 321 — 324 will require a variance from the Subdivision Ordinance to allow double frontage lots. 18. ORDINANCE 19,167 - Z- 6519 -A —Approving a Planned Zoning Development and establishing a Planned Office District titled Clearwater Maintenance Addition Short -Form POD located on the southwest corner of Clearwater Drive and Shackleford Road, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 yes, Ono, I absent. Staff recommends approval. Synopsis: The applicant proposes the rezoning of this site from I -2 and OS to POD to allow the construction of a 25,000 square foot office building. 19. ORDINANCE 19,168 - Z- 7496 -A - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Lock and Load Mini - Storage Revised Long - From PCD located on the west side of Stagecoach Road, south of Otter Creek Parkway, in the 5 City of Little Rock Board of Directors Meeting August 17, 2004 6:00 PM City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 8 yes, 3 no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes a revision to a previously approved PCD to allow the area to be expanded to the east with the creation of an additional lot and a revision to the previously approved site plan to allow the placement of a carwash facility on newly created Lot 3. 20. ORDINANCE 19,169 - Z -7663 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Ferndale Mini - Storage Long -Form PD -C located near the intersection of Kanis Road and Ferndale Cut -off Road, Pulaski County, Arkansas, Amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 yes, Ono, 1 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2, Single- family to PD -C to allow the development of 63,575 square feet of mini - storage space. The property is located outside the City limits but within the City's extraterritorial planning jurisdiction. 21. ORDINANCE 19,170 - Amending Ck apter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Half- street Improvements at a proposed commercial site on Kanis Road east of Ferndale Cut-off. Synopsis: Authorizes deferral of principal arterial half - street improvements required by the Master Street Plan to Kanis Road abutting the site, for five years or until adjacent property develops. The site has been rezoned to allow multiple buildings for mini - storage. 22. ORDINANCE 19,171 - Z -7666 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Morris Short-Form PD -C located at 3701 John Barrow Road, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from 0-3, General Office District to PD -C to allow a catering business to locate on the site. 23. ORDINANCE 19,172 - Z -7667 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Hwy 10 Business Park Short -Form PCD located at 14410 Cantrell Road, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2, Single - family to PCD to allow specified office and commercial uses, all indoor uses, to locate on the site. The grouped items 12 -23, Item M -1 and Item 4 (ordinances) were read the first time. Director Adcock made motions, seconded by Director Cazort to suspend the rules and place the ordinances on second reading and third readings. By unanimous voice vote of the Board members present being two - thirds in number, the rules were suspended and the ordinances were read the second, and the third time. By unanimous voice vote of the Board members present, being two thirds in number, the ordinances and emergency clauses were passed. 0 City of Little Rock Board of Directors :Meeting August 17, 2004 6:00 PM 24. ORDINANCE (Deferred to Sept 7, 2004) - S- 1100 -B - Granting variances from 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 front lot width on selected lots, a variance to allow reduced minimum lot square footage on selected lots, a variance to allow a reduced front yard building line on selected lots for the Capitol Lakes Estates Tract A — Governors Manor — Preliminary Plat located north of Capitol Hills Boulevard at Rushmore Avenue. Planning Commission: 7 yes, 3 no and I absent. Staff recommends approval. Synopsis: The applicant is requesting the following variances from the Subdivision Ordinance in developing 9.12 acres with 45 single- family lots: • variance to allow a reduced front lot width on selected lots. • variance to allow a reduced lot depth on selected lots. • variance to allow a reduced minimum lot square footage on selected lots. • variance to allow a reduced front yard building line on selected lots. PUBLIC HEARINGS (25 -27) 25. PUBLIC HEARING & RESOLUTION (Failed) - Z -7648 — To rescind the Little Rock Planning Commission's action in denying a conditional use permit for a day care center to be located at 519 E. 20th Street titled Touched by God's Angels Day Care Center Conditional Use Permit. Planning Commission: 1 yes, 8 no, 1 absent, I abstention. Staff recommends denial of the Conditional Use Permit. Mayor Dailey declared the pubic hearing open. Jane Harrison, Allice Charles, and Mae Bratton spoke in opposition saying that this was a day care center, and not appropriate in residential areas, the traffic and congestion is a problem, and that this is not the kind project that is wanted in the neighborhood, that 20th street is a quite street, and very little traffic and this would bring in much more. Nakita Britton, the applicant stated she was trying to put a day care center at 519 E. 20th, and was here tonight to appeal. She presented photos of the property that was to be the location of the day care. She said she did do a petition to see if the neighbors would support the center. She said that there are some of them here tonight. Ms. Britton stated this property sits on two lots; there is a cleaners right behind the site. She said she could not address the traffic issue, that she didn't know the impact, but thought the day care would enhance the neighborhood. Director Cazort asked Ms. Britton if she had investigated commercial property for this use. Ms. Britton answered that she had, but did not have the funds to for a commercial property. Director Cazort asked how far this was from the closest commercially zoned property. Mr. Bozynski, Planning Director, stated there is some 0-3 property about half a block to the East on Bragg Street, and then at 21st and Commerce there is some C -3 and continuing west on 21St Street there is some more C -3. Director Hurst asked Mr. Bozynski why staff is recommending denial. Mr. Bozynski stated staff feels this is a fairly substantial commercial operation that is intruding into a pretty stable residential neighborhood. He said if you look at the site plan, this is a day care center that the applicant has proposed for up to thirty - six children, with five employees, a parking lot for ten spaces, a playground, and it has no elements of retaining a residential look. Staff feels it is inappropriate for this location, that there are other zoned properties in the neighborhood. Director Pugh stated the Board had received a letter from the Easter Mann Neighborhood Association that opposes the application and asked if Ms. Britton had received a copy. She said she had not, but said when she talked to Ms. Young, 7 City of Little Rock Board of Directors Meeting August 17, 2004 6:00 PM the president of that association, Ms. Young had indicated they couldn't vote on it because they had not had a meeting on it. Ms. Britton stated she had DHS come out and measure the house and they only will allow twenty -five children. Mayor Dailey asked the clerk to set the clock for two - minutes each for the people Ms. Britton indicated had come to speak. Mayor Dailey explained he had not set up a time limit because only three cards had been turned in and this would add structure to the process. Javier Jackson, Mabel Ellis, Tosha Thompson, Shirley Jackson, LaKesha Matson, spoke in favor of the day care, saying they were in support of the day care, and thought it would enhance the neighborhood, that Ms. Britton was trying to make something out of rundown property, and felt the day care would be a safe haven for the children in the neighborhood. Ruth Bell, League of Women Voters, stated they had spend a lot of time saying how supportive they were in suppo.4 of day care homes and feel they are not intrusive, but this is a day care facility, the caretaker will not be living on the premises, and it is a commercial enterprise in a neighborhood that has struggled to stay residential, and asked that the Board support the neighborhood by turning down this application. Mayor Dailey closed the public hearing. Director Keck as a point of parliamentary procedure, wanted to make certain that yeas are yeas and nays are nays. He cited as a point of order there had to be a motion made by a board member and if the motion were made it would be to rescind the Planning Commission's decision and allow this conditional use permit to move forward. Mayor Dailey further explained that nothing would happen, it would just die unless there is a motion to move it forward. Director Stewart made the motion to adopt the resolution. There was no second to the motion. The resolution failed. Mayor Dailey commented that he knew Ms. Britton was well intentioned in this application, and the effort to try and do something with this property is noble, and his sense was that the scale of the center was just to large and as the planning director has said, this gets into a true commercial change of the designation of that zoning, and suggested that the Board would be supportive if she could find a location that would be more of a commercial type location where this would work. 26. PUBLIC HEARING & ORDINANCE (Withdrawn) - G -23 -334 - To abandon a portion of the fifty -foot wide Grant Street right -of -way between Lots 7 -10, Block 9 and Lots 7 -10, Block 10, Lincoln Park Addition. Planning Commission: S yes, 6 no. Staff recommends approval. Synopsis: Heywood Weedman, Stephen Maxwell and Doug Buxton request to abandon the fifty -foot wide Grant Street right -of -way between Lots 7 -10, Block 9 and Lots 7 -10, Lincoln Park Addition. 27. PUBLIC HEARING (Ordinance for Sept 7th) - Annexing George Island, which is completely surrounded by the corporate city limits of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 yes, Ono. Staff recommends approval. Synopsis: To close a 2.11 acre "island" (two properties) within the City Limits along Cantrell Road east of Chenal Parkway. Mr. Carpenter advised that the ordinance would be on the agenda to be acted upon at the next meeting (September 7, 2004). Mayor Dailey opened the public hearing and asked if there was anyone present who wished to speak in favor or opposing to the item. There were none present. Mayor Dailey closed the public hearing. OTHER BUSINESS E'? City of Little Rock Board of Directors !Meeting August 17, 2004 6:00 PM 28. REPORT - June Financial Report — Bob Biles (August 17, 2004). Mr. Bob Biles gave an overview of the June Financial Report. There were no speakers presented for the Citizens Communication portion of the agenda. Mayor Dailey announced that the Special Library Election was taking place today, and reminded citizens they had about fifteen minutes to still go and vote. Vice Mayor Hinton stated he had received a letter form the Broadmoor Neighborhood Association and they had concerns about a youngster being attacked by a dog, and asked Mr. Moore to have staff find out more information, and stated also according to the letter there was a young man that had separated the dogs from the child, and asked Mr. Moore to see if he could be identified. He also asked for a report on the Summer Youth Program. Mr. Moore responded that he had received the same information regarding the animal attack and has launched an investigation. He stated he thought a presentation in conjunction with Children Youth and Families Commission, could present overview of the program. He stated he could report the program did provide over two hundred jobs to youth of the city, and was a tremendous success. A motion was made by Director Adcock, seconded by Director Cazort for adjournment. By unanimous voice vote of the Board members present, the meeting adjourned at 7:00 PM. ATTEST: - 7'? � - x"7/'3 � 7 4 Z / 4 � a j' a Nan y Woo , City Clerk APPROVE: 54W 9" Jim ley, Mayor G�