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07-14-15 Little Rock Board of Directors Reconvened Meeting July 14,2015 4:40 PM Little Rock Board of Directors Reconvened Meeting July 14, 2015 4:40 PM The Board of Directors of the City of Little Rock, Arkansas, met in a reconvened meeting with Mayor Mark Stodola presiding. City Clerk Susan Langley called the roll with the following Directors present: Hendrix; Richardson; Webb; Cazort (enrolled at 4:45 PM); Wright; Wyrick; Fortson; Kumpuris; Adcock; Vice-Mayor Hines; and Mayor Stodola. 1. ORDINANCE; Z-5665-A: To approve a Planned Zoning Development and establish a Planned Residential District titled First Deliverance Temple Short-Form PD-R, located Gated at 6213 — 6223 Lancaster Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes;0 nays;and 3 absent. Staff recommends approval. (1st Reading held on July 7,2015) Synopsis: The request is to amend the previously-approved PD-R, Planned Development — Residential,to allow the use of one(1)of the buildings for church services. (Located in Ward 2) 2. ORDINANCE NO. 21,069: To repeal Ordinance No. 18,556, and enact in lieu thereof, a new ordinance entitled, "An ordinance providing for the establishment of a Flood Damage Prevention Program for the City of Little Rock, Arkansas"; to declare an emergency; and for other purposes. Staff recommends approval. (1st Reading held on July 7, 2015) Synopsis: An ordinance to adopt revisions to the Floodplain Management Ordinance and the new digital Flood Insurance Rate Maps (FIRMs) in accordance with updated Federal Emergency Management Association (FEMA)criteria. 3. ORDINANCE NO. 21,071: To impose an absolute ban on the solicitation of any item within streets or from medians located within streets, of whatever the classification, within the City of Little Rock, Arkansas; to declare an emergency; and for other purposes. Staff recommends approval. (1st Reading held on July 7, 2015) Director Adcock made the motion, seconded by Director Richardson, to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a second time. Director Adcock made the motion, seconded by Director Richardson, to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board Membersre p sent, the rules were suspended and the ordinances were read a third time. Mayor Stodola stated that he had cards from individuals that wanted to speak on Items.1 3 and that they would be voted on separately. Y By unanimous voice vote of the Board Members present, the ordinance for Item 2 was approved. By unanimous voice vote of the Board Members present, the emergency clause for Item 2 was approved. 1 Little Rock Board of Directors Reconvened Meeting July 14,2015 4:40 PM Item 1: Pat Gee, 8409 Dowan Drive: Stated that she was the Vice-President of Southwest Little Rock United for Progress and that they, along with the Wakefield Neighborhood Association, were in opposition to the church. Mrs. Gee asked that the Board deny the application. Director Adcock stated that the structures were in poor condition and asked if any of them had ever been listed on the condemnation list. City Manager Bruce Moore stated that according to staff none of the properties had been listed on the condemnation list. Planning & Development Director Tony Bozynski stated that the property was currently zoned Planned Development that would allow for three (3) residences on one (1) parcel of land. Mr. Bozynski stated that of the three (3) structures, only the one located in the rear of the property was being proposed to be used for the church. Mr. Bozynski stated staff had conducted a site visit the previous day and all code issues were pointed out to the applicant. Director Adcock asked if there was any parking on the property. Mr. Bozynski stated that there was an area in front of the building in question that had been graveled some years earlier. Mr. Bozynski stated that one of the other structures was occupied. Director Adcock asked if a rental inspection had been conducted. Housing & Neighborhood Programs Director Andre Bernard stated that at time he was not aware if an inspection had occurred; however, he would research the records. Director Adcock made the motion, seconded by Director Wyrick, to defer the item until August 4, 2015, so that staff could determine if a rental inspection had been conducted on the structures. Mayor Stodola asked the applicant if he would like to address the Board in reference to the motion to defer. Pastor Williams: Stated that he would like to have the item heard that evening. Director Richardson asked Pastor Williams what his plans were for the property. Pastor Williams stated that he bought the property with the intention of bringing the structures up to code and renting them out. Director Wyrick asked how long he had owned the property. Pastor Williams stated that he had owned the property for approximately six (6) months. Director Wyrick asked if there was adequate parking. Pastor Williams stated that there was more than adequate parking. Director Hendrix made the motion, seconded by Director Adcock, to call the question on the vote. By unanimous voice vote of the Board Members present, the question to vote was called. By voice vote of the Board Members present, with Directors Hendrix and Richardson voting in opposition, the item was deferred until August 4, 2015. Item 3: Mayor Stodola asked that City Attorney Tom Carpenter provide a legal perspective of the ordinance. City Attorney Carpenter stated that the City currently had an ordinance 2 Little Rock Board of Directors Reconvened Meeting Jul 14 July 2015 4:40 PM that banned solicitation along collector and/or arterial streets; however, the suspension occurred due to the fact that the City was not enforcing the ordinance and was allowing certain groups the permission to solicit along those streets. City Attorney Carpenter stated that the City could not pick and choose the groups that were allowed to solicit funds in the streets. Khashimah Na'Man, 4216 Malloy Street: Stated that she was a member of the Nation of Islam and asked that they be allowed to continue to sell their newspapers at intersections around the City. Jimmy Morris, Jr., 2020 Broadway Street: Stated that he was legal counsel for the Nation of Islam in Arkansas and that his client wanted to continue to sell their newspapers at the various intersections around town. Richard Morehead, 210 South Gaines Street: Stated that he represented the Little Rock Chapter of the International Association of Firefighters (IAFF) and that they were opposed to the ordinance. Mr. Morehead stated that for the past sixty (60) years, IAFF had collected monies for the Muscular Dystrophy Association (MDA) Fill-The-Boot Campaign and that they had raised approximately $350,000 over the past ten (10) years. Yasir Muhammad: Stated that he was a member of the Nation of Islam and had distributed their newspaper for the past twenty (20) years at various locations in Little Rock. Charles Austin, Jr., 3857 Freedom Cove, Benton: Stated that he was Vice-President of IAFF and had been the coordinator for the Full-The-Boot Campaign since 2007. Mr. Austin asked that the Board not pass the ordinance. Kerry Muhammad, 4224 Malloy Street: Stated that he was member of the Nation of Islam and asked that the Board not pass the ordinance. Vincent Hopes, 1507 Charles Bussey Avenue: Stated that he was member of the Nation of Islam and asked that the Board not pass the ordinance. Heather Zimmerman, 204 Executive Court: Stated that she was the Executive Director of MDA and asked that if the ordinance was passed it would affect their funding by not allowing IAFF to conduct the Fill-The-Boot Campaign. Director Hendrix stated that she supported the Nation of Islam and IAFF and didn't think it was fair to deny them the right to solicit funds from the street. Director Hendrix stated that she would like to see the ordinance amended to ban children from participating. Director Wright stated that she too supported the National of Islam and IAFF; however, there had been a significant increase in the number of organizations, which included children, that had begun collecting money at various intersections. Director Wright stated that she supported the ban and if possible, she would like to see an age restriction implemented. Director Kumpuris made the motion, seconded by Director Adcock, to amend the proposed ordinance to direct the City Attorney to come back in two (2) months with a determination of how legitimate groups, such as the Nation of Islam and IAFF, would be allowed to continue to solicit funds in the right-of-ways. Director Adcock made the motion, seconded by Director Kumpuris, to call the question on the vote. By unanimous voice vote of the Board Members present, the question to vote was called. 3 Little Rock Board of Directors Reconvened Meeting July 14, 2015 4:40 PM By voice vote of the Board Members present, with Directors Hendrix and Richardson, voting in opposition, the motion to amend the ordinance passed. Vice-Mayor Hines made the motion, seconded by Director Cazort, to call the question on the vote. By unanimous voice vote of the Board Members present, the question to vote was called. By voice vote of the Board Members present, with Directors Hendrix and Richardson, voting in opposition, the ordinance as amended was approved. By voice vote of the Board Members present, with Directors Hendrix and Richardson, voting in opposition, the emergency clause was approved. 4. ORDINANCE NO. 21,070; G-24-047: To abandon ingress-egress Easement 'B' adjacent to Lot 10, High Circle Addition, located at 10 Circle High Drive, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: Staff recommends approval. (Public Hearing was held on July 7,2015)(1St Reading held on July 7,2015) Synopsis: The owner of the property at 10 Circle High Drive is requesting abandonment of the private ingress-egress Easement"B"adjacent to Lot 10, High Circle Addition. (Located in Ward 3) Vice-Mayor Hines made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on second time. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. By unanimous voice vote of the Board Members present, the ordinance was approved. Director Cazort, made the motion, seconded byDirector Richardson, to adjourn the J reconvened meeting. By unanimous voice vote of the Board Members present, the reconvened meeting was adjourned. APPROV +: n angley, City Clerk Mark Stodola, Mayor 4