03-16-04Little Rock Board of Directors Meeting
March 16, 2004
6 P
MINUTES
BOARD OF DIRECTORS MEETING
City Hall — 500 W. Markham
March 16, . 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 Present: Directors Pugh, Keck, Stewart, Adcock, Hurst, Wyrick, Cazort,
Kumpuris and Vice Mayor Hinton and Mayor Dailey. Director Hurst was absent at roll
call but enrolled at 6:05 PM.. Director Graves gave the invocation, which was followed
by the Pledge of Allegiance.
Mayor Dailey asked the Board to consider the following modification to the agenda, as
well as add Items 15 -18 to the Consent Agenda.
M -1. Presentation — Chamber of Commerce — Mr. Paul Harvel.
Director Adcock made the motion to add the modification to the agenda; Director Pugh
seconded the motion. By unanimous voice vote of the Board members present, the
modification was added.
PRESENTATIONS: Recognition of Mr. Donald Marshall. Mr. Donald Marshall
and his family were recognized for transforming a multi - family property in southwest
Little Rock from a run down property into one that the City could be proud of. Vice
Mayor Hinton presented Mr. Marshall with a certificate from the Little Rock Board of
Driectors in appreciation for the development of an area of Little Rock in making it a
nicer and safer place to live.
The consent agenda was considered after the presentations were made.
CONSENT AGENDA (1 -14)
1. MOTION - To approve minutes from the Little Rock Board of Directors regular
meetings: February 3, 2004, and Reconvened Meeting: February 10, 2004.
2. MOTION - LU04 -15 -01 - To set the date of public hearing for April 6, 2004 on a
petition to. appeal the Planning Commissions decision of denial of the Land Use Plan
Amendment at Sibley Hole Road and Meadows Road in the Geyer Springs West
Planning District. Staff recommends denial. Planning Commission recommended denial
on January 29, 2004, by a vote of 11 no, 0 yes. Synopsis: Land Use Plan amendment in the
Geyer Springs West Planning District from Light Industrial to Industrial.
Little Rock Board of Directors Meeting
March 16, 2004
6 P
3. MOTION - Z -7561 - To set the date of public hearing for April 6, 2004 on an appeal -�
of the Planning Commission's action in denying Coburn Short -form PD -I located at
10601 Sibley Hole Road. Staff recommends denial of the requested PD -I, Planning
Commission voted to recommend denial on January 29, 2004, of the PD -1 by a vote of 0
yes, 11 no. Synopsis: The applicant proposes to rezone the site from I -2, Light Industrial to PD -I
to allow outdoor sandblasting to take place on the site.
4. MOTION - Z -5515 - To set the date of public hearing for April 6, 2004 on a request
to appeal Ordinance 16,165 and revoke a planned zoning district titled Hix Short-Form
POD located at 5315 Baseline Road. Synopsis: The applicant requests that the existing POD
zoning be revoked and the property revert to its original R -2 zoning.
5. RESOLUTION NO. 11,705 - To authorize the City Manager to enter into a contract
with Jackson Brown King Architects in the amount not to exceed $125,000 (2004 Bond
Project) for design of Dunbar Community Center expansion. Synopsis: The funding is
available through the 2004 Bond Issue.
6. RESOLUTION NO. 11,706 - To authorize the City Manager to enter into a contract
with Woods Caradine Architects and Stuck Associates Architects in an amount not to
exceed $103,982 (2004 Bond Project) for design of Southwest Community Center
expansion. Synopsis: Funding is available through the 2004 Bond Issue.
7. RESOLUTION NO. 11,707 - To authorize the City Manager to enter into a contract
with AMR Architects in an amount not to exceed $60,000 (2004 Bond Project) for
design of War Memorial Fitness Center expansion. Synopsis: Funding is available through
2004 Bond Issue.
8. RESOLUTION NO. 11,708 - To authorize the City Manager to enter into a contract
with Roberts and Williams Associates in the amount of $160,000 (2004 Bond Project)
for design of Arkansas River Trail. Synopsis: Funding is available through the 2004 Bond
Issue.
9. RESOLUTION NO. 11,709 - Awarding a construction Contract to Gene Summers
Construction, Inc. for improvements to Collins Street from Clinton Avenue to 3rd Street.
Synopsis: Authorizes the City Manager to execute a contract with Gene Summers
Construction in the amount of $166,941.35 for construction of improvements to
Collins Street form 3rd Street to Clinton Avenue.
10. RESOLUTION NO. 11,710 - Awarding a construction contract to Lasiter
Construction, Inc. for improvements to 3rd Street from Collins to Shall Streets.
Synopsis: Authorizes the City Manager to execute a contract with Lasiter Construction, Inc. in the
amount of $1,026,180.36 for construction of improvements to 3rd Street from Collins to Shall.
11. RESOLUTION NO. 11,711 - Awarding a construction contract to Cobar
Contracting, Inc. (2004 Bond Project) for improvements to Bowers Drive from 36th
2
Little Rock Board of Directors Meeting
March 16, 2004
6 P
Street 38th Street. Synopsis: Authorizes the City Manager to execute a contract with Cobar
Contracting, Inc. in the amount of $93,573.40 for construction of improvements to Bowers Drive
from 36th to 38th Street..
12. RESOLUTION NO. 11,712 - Awarding a construction contract to Cobar
Contracting, Inc. for improvements to 26th Street from Harrison to Boulevard Streets.
Synopsis: Authorizes the City Manager to execute a contact with Cobar Contracting, Inc. in the
amount of $187,031.15 for construction of improvements to 26th Street from Harrison to Boulevard
Streets.
13. RESOLUTION NO. 11,713 - Authorizing the City Manager to enter into a contract
with Glovers Truck Parts & Equipment for the purchase of one Truck Tractor and Trailer
in the amount of $132,401.00 from Account No. 223 - 220 -7119- 7060 -10 (2003 — Short
Term Financing). - Synopsis: Bid #04208 received seven bids ranging from $130,374 to $143,848
each. Glovers Truck Parts and Equipment is the lowest responsible bid meeting minimum
specifications.
14. RESOLUTION NO. 11,714 - Of intent to participate with the Arkansas Game and
Fish Commission in the creation of a Nature Center in the Julius F. Breckling Riverfront
Park; and for other purposes. Synopsis: The recently completed master parks plan suggested
that the department develop partnerships to promote the creation of a better parks' system. The
Arkansas Game and Fish Commission has expressed interest in building and operating a nature
center in River Front Park. The department tried several years ago to facilitate this partnership at
another park and the intent to work together on such ventures has been a desire for Little Rock
Parks and Recreation
The Consent Agenda was read. Director Adcock made a motion, seconded by Director
Keck to adopt the Consent Agenda. By unanimous voice vote of the Board members
present, the Consent Agenda was adopted.
SEPARATE ITEMS:
15 -18
15. RESOLUTION NO. 11,715 - To authorize the City Manager to enter into contracts
with Kiwanis Club Pfeifer Camp and Little Rock Boys and Girls Club, in an amount not
to exceed $123,759, to provide youth citywide out -of- school programs for the Little Rock
Community; and for other purposes. Citywide Youth Programs.
16. RESOLUTION NO. 11,718 - To authorize the City Manager to enter into a contract
with Pulaski County Juvenile Services, in an amount not to exceed $22,500, to provide a
youth neighborhood -based out -of- school program in the East targeted neighborhood; and
for other purposes. Neighborhood -Based Youth Program.
Little Rock Board of Directors Meeting
March 16, 2004
6 P
17. RESOLUTION NO. 11,719 - To authorize the City Manager to enter into a contract
with St. John Baptist Church in an amount not to exceed $48,425, to provide a youth
initiative project (YIP) program in the Central targeted neighborhood; and for other
purposes.
18. RESOLUTION NO. 11,720 - To authorize the City Manager to enter into a contract
with New Futures for Youth, Inc., in an amount not to exceed $75,000 to provide
capacity building, training, and technical assistance services; and for other purposes.
Items 15 -18 were read. Director Adcock made a motion for the adoption of Items 15 -18;
seconded by Director Keck. By unanimous voice vote of the Board members present,
the resolutions (Items 15 -18) were adopted.
The next consideration was the Grouped Items. Items 19 & 20
19. ORDINANCE NO. 19,063 - Z- 4116 -A — Approving a planned zoning development
and establishing a Planned District — Industrial titled ECCO Development Corporation —
Long Form PD -I located at 8300 Kellet Road in the City of Little Rock, Arkansas,
amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other
purposes. Planning Commission: 11 yes, 0 no, Staff recommends approval. Synopsis:
ECCO Development Corporation, owner of approximately 16 acres of property at 8300 Kellet Road,
is requesting to rezone the property from "R -2" Single Family District to "PD -I ", Planned
Development Industrial.
20. ORDINANCE NO. 19,064 - Z- 4336 -R - Reclassifying property located in the
vicinity of 1000 Bishop Street from R -4, 0-3, C -3 and I -2 to 0-2. Planning Commission:
I1 yes, 0 no, Staff recommends approval. Synopsis: Immanuel Baptist Church and Arkansas
Children's Hospital, owners of a collective 7.75 acres of property at the intersection of West 10`h and
Bishop Streets, are requesting to rezone the property form R -4, 0-3, C -3 and I -2 to "0-2" Office and
Institutional District.
The ordinances were read the first time. A motion was made by Director Cazort,
seconded by Director Adcock to suspend the rules and place the ordinances on second
reading. By unanimous voice vote of the Board members present, being two thirds in
number, the rules were suspended to provide for the second reading. The ordinances
were read the second time. A motion was made by Director Adcock, seconded by
Director Cazort to suspend the rules and place the ordinances on third and final reading.
By unanimous voice vote of the Board members present, being two thirds in number, the
rules were suspended to provide for the third and final reading. The ordinances were read
the third time. By unanimous voice vote of the Board members present the ordinances
were passed.
Separate Items were the next consideration, consisting of Items 21 and 22.
21 -22
2
Little Rock Board of Directors Meeting
March 16, 2004
6PM
21. ORDINANCE NO. 19,065 - Amending Chapter 36 of the Code Ordinances
providing for modification of various and land use regulations related to Special Use
Permits, family care facilities and day care family homes; and for other purposes.
Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: At
the direction of the Board of Directors, staff initiated a review of the ordinance criteria for Special
Use Permits in general and day care family homes in particular. All special use permit applications
for day care family homes pending action by the Planning Commission or Board of Directors have
been put on hold until this amendment process is completed.
The ordinance was read the first time. Mr. Bruce Moore, City Manager stated that a memo was
sent out to the Board last Friday regarding the impact, and the ordinance has been revised, and
asked Dana Carney, Planning and Zoning Director to review the changes. Mr. Carney stated the
ordinance was virtually the same one that was looked at the Agenda Meeting, last Tuesday. Two
changes were incorporated at the suggestion of Director Adcock, and staff did go out and look at
the potential impact of adding day care centers to that three- hundred foot separation. Staff
determined that none of the current day care family home applications that are pending either
before the Planning Commission or are on appeal before this Board would be affected by adding
day care centers to that three hundred foot separation. He said he did not think it would have that
great of an effect on any other special use permit applications for day family homes. Mr. Carney
stated the primary concern of daycare family homes seems to be the amount of traffic they
generate in and out of the neighborhoods. If that is the concern then that relationship to a daycare
center should be considered because it would generate traffic in that vicinity as well. That change
was made in sub - section (f). The only change made was on the third line where it says "proposed
to be located within three hundred feet of , "licensed daycare center" (was added) or an
operating day care family home for which a special use permit had been previously approved.
This would be an issue for the Planning Commission to consider when they review these
applications. The other change that was suggested is in subsection (i). Previously it read
"All vehicles must be parked on a paved surface." It now reads, "All vehicle must be
parked on an "on site " paved surface." There would have to be enough parking on site to
accommodate the need of the residents but a place where the parents can come and drop
off the children rather than stop out in the street. Director Cazort clarified that this is
measuring distances from property line to property line, and asked if this was consistent
in how distances are measured for other zoning. Mr. Tom Carpenter stated yes, in
particular the sexually oriented businesses are done property line to property line.
Director Cazort stated he wanted to make sure there was consistency. Ms. Jane
Harrison, spoke in opposition to the ordinance saying that traffic issues were a major
concern because of the number of day cares in concentrated areas, with each daycare
keeping up to ten children, people parking in the street to leave and pick up their children.
Some of the daycares being located on streets those are one way in and one way out. Mr.
Tom Carpenter clarified that the ordinance is written to where it means the parent or
person leaving or picking up the children would be required to pull up in the driveway,
and not in the public right -of -way unless otherwise approved by the Planning
Commission. Mr. Carpenter stated the permits issued would have these requirements in
it and if there are problems with people who are not in compliance, such as losing their
state license, if they don't comply with city ordinances, the revocation procedure would
apply. This ordinance has the basis in subsection (d), subpart (g) for the revocation
Little Rock Board of Directors Meeting
March 16, 2004
6 P
procedure and how that is taken about. Director Adcock requested the address from Ms.
Harrison that may not be in compliance that she was referring to, and have code
enforcement take a look. Mr. Carney stated there are approximately a hundred special
use permits for day care family homes that have already been approved, and the
provisions of this ordinance would apply to those. Mr. Carney stated it would take staff
some time to catch up to those that have previously been approved, to work them into the
three year inspection term but those approved from this day forward would have the three
year period that would come up for them to be reviewed. Mr. Don Darnell was opposed
to the three hundred foot separation, but otherwise was in favor of passing the ordinance.
He said with the three hundred foot separation, there could be one on every city block,
which does not sound too bad as long as the city blocks have intersections every three
hundred feet. He said in his neighborhood the city blocks are actually about twelve
hundred feet long, so between one intersection and another, there could be four daycares
letting off and picking up children in between the intersections. Mr. Darnell asked for the
separation to be extended to seven hundred and fifty feet. Mr. Troy Laha, stated these
day cares are businesses, and stated the three hundred foot spacing is not enough. Mr.
Laha stated his block is thirty nine hundred feet long. There could be thirteen daycares
put in on his block. There are many streets that the blocks are different lengths. Mr.
Laha stated that home day care is a viable business, and the chance of them going into
any neighborhood is good. Mr. Laha said the traffic is constant; the daycare operator
does not always adhere to the hours set by the permit. Mr. Laha stated their
Neighborhood Action Plan does not call for businesses in residential areas. Director
Cazort stated he was not set on the spacing being three hundred feet, but that it sounded —.
like these numbers were based on linier feet, that property is rectangular or square, and is
measured form property line to any other properly line, so it can't be looked as "spacing
down the street ". There was lengthy discussion regarding the spacing requirement. Mr.
Bruce Moore, City Manager, stated that this issue was raised at the Planning Commission
level and one point is that right now there are no spacing requirements. Staff is looking
at this as a first step regarding spacing requirements. Mr. Moore stated if the Bard would
like expanded spacing considered, staff would need additional research, and would
recommend this would go back to the Planning Commission, if the Board is going to
consider expanding the requirement. Director Keck stated this ordinance does address
many of the issues that have been allowed to be operated out of family homes to be such
a burden on the neighbors. Director Keck stated he would offer that the Bard vote as it is,
and then come back and amend. That way these standards could be in place now, that it
could always be modified later. Director Wyrick made a motion that day cares be located
seven hundred feet of each other, the reason being that there are days care out there that
are next door to each other, and those are grand fathered, unless there are some issues
with those day cares, then the revocation process would take place. Mr. Carpenter stated
that he felt if the distance was changed, it would need to go back to the Planning
Commission. Director Wyrick commented that two other adjustments have already been
made to this ordinance, which is different than what the Planning Commission voted for,
and did not see the obligation to send it back to change it to seven hundred feet, that it
was discussed at that point and time. She stated that she believed staff was just trying to
on
Little Rock Board of Directors Meeting
March 16, 2004
6 P
start with some kind of numbers to get an ordinance that everyone can live with. Mr.
Carpenter stated he felt it was a fairly significant change, but a seven hundred and fifty
foot separation is, and asked if the Board was going to set up a sityuation where the City
would take someone's property that is operating one of these, and have to pay for it. He
said that he hoped that before the Board voted for the seven hundred and fifty feet, and
that question should be answered. Mr. Carpenter stated as an alternative to what Director
Wyrick as proposed, his suggestion was to go ahead and pass the ordinance with the three
hundred feet, and let it be known to staff that the Planning Commission is being asked by
the Board to look at the seven hundred and fifty foot separation. This ordinance would
go into effect immediately, which would deal with the applications pending. If that
directive was sent now, the Planning Staff could tell anyone who applies that the Board is
going to look at the seven hundred and fifty feet, and if they locate closer than that in the
interim, they would do so at their risk. Director Wyrick stated that the seven hundred
versus the three hundred is the fact that they would be grand fathered, and nothing could
be done about the spacing. She was not suggesting the taking of the property. Mr.
Carpenter stated he was not sure they would be grand fathered. Mr. Carpenter stated if
the Board wished to put in an amortization provision they could do that. Mr. Carpenter
stated that he did not know what the landscape was out there right now. He said if the
Board wanted to do this, that's fine, but there may be a cost, and he would like to see
what that might be before the Board might take that action. Mayor Dailey asked for a roll
call vote on the motion to amend the ordinance from a three hundred separation to a
seven hundred and fifty foot separation. The vot3e was recorded as follows: Director
_._. Pugh, yes, Hurst, no, Cazort, no, Keck, no, Stewart, yes, Wyrick, yes, Kumpuris, no,
Graves, no, Adcock, yes, Vice Mayor Hinton, yes, Mayor Daily, no. The motion failed.
Director Adcock asked if this did pass with the three hundred feet, if staff would keep
track of the new applications coming in and how many feet they are, to see if this is a
problem. Mr. Moore stated that he had the sense that some of the Board members would
like staff to explore the seven hundred and fifty feet separation. Mayor Dailey stated he
felt that the spirit of the Board would for staff to do that. Mr. Moore stated staff had
reviewed the two changes that were made a saw very little impact and reported that to the
Board. He stated he was not ready to recommend this because he did not know the
impact it would have. Director Kumpuris made a motion to modify the ordinance to have
a second part, for directing the
Planning Commission to go back and look at seven hundred and fifty feet. Mr. Carpenter
stated the ordinance is on the floor for the third reading, and the way to accomplish that is
to vote the ordinance up or down. City Clerk, Nancy Wood clarified that the ordinance
was only on second reading. Mayor Dailey stated he felt what Director Kumpuris is
trying to do is make sure that there is a policy directed by resolution, or by motion,
asking the staff to do what he was suggestion. A motion was made by Director Adcock
made a motion to suspend the rules and place the ordinance on the second reading.
Director Kumpuris seconded the motion, and by unanimous voice vote of the Board
members preen, being two - thirds in number suspended the rules to provide for the second
reading. The ordinance was read the second time. Director Adcock made the motion,
seconded by Director Cazort to suspend the rules and place the ordinance on third and
7
Little Rock Board of Directors Meeting
March 16, 2004
6PM
final reading, by unanimous voice vote of the Board members present, being tow - thirds
in number, the rules were suspended to provide for the third and final reading. The --
ordinance as read the third time. By unanimous voice vote of the Board members
present, the ordinance and emergency clause passed. Director Kumpuris made the
mooting to send back a request to the Planning Commission to look at a se en hundred
and fifty foot separation, and whether they should be on major arterials or not, and bring
back a recommendation to this Board, and expedite the review. Director Cazort seconded
the mint, and by unanimous voice vote of the Board members present the motion carried.
22. RESOLUTION NO. 11,719 — Making appointments, re- appointments, and re-
instatements to the City of Little Rock Project Progress Committee, Americans with
Disabilities Act Citizen's Grievance Committee; Arts and Culture Commission, Board of
Adjustment, Commission on Children Youth and Families, Community Housing
Advisory Board, Construction Board of Adjustment, Macarthur Military History Museum
Commission, Midtown Redevelopment District No. 1 Advisory Board, Racial and
Cultural Diversity Commission, Sister Cities Commission, and Little Rock Zoo Board of
Governors and for other purposes.
Director Adcock made a motion, seconded by Director Cazort to go into executive
session for the purpose of making nominations for the listed Boards and Commissions.
By unanimous voice vote of the Board members present, the meeting was recessed at
6:20 PM. The meeting reconvened at 7:55 PM, and Mayor Dailey called the meeting
back in session. Mr. Bruce Moore, City Manager read the list of nominations as follows:
Project progress Committee, Ellen Carpenter — Ward 1 Representative, Americans
with Disabilities Act Citizen's Grievance Committee, Allene Higgins and John M.
Wyrick, Arts and Culture Commission, Robert Clowers, Debra Grandle, Collette
Honorable, Dr. Soledad, and Reita Walker Miller, Board of Adjustment, Debra Harris
and David Wilbourn, Commission on Children, Youth and Families, Mary Paal, Chara
Stewart, Keith Strickland, Norith Ellision, and Katherine Mitchell, Community Housing
Advisory Board, Darryl Swinton and Mark D. Ross, Construction Board of
Adjustment and Appeals, Terry Burris, McArthur Military History Museum
Commission, Deborah Baldwin, Charles L. Carpenter, Rick Comer, CC. Chip
Culpepper, Ron Fuller, Lt. Col. Bill Hoffman, James H. Rice, Mary Bray Simmons,
William "Bill" Terry, Wassell Turner, Charles Kinslow, Carl Miller Jr., Bret Parke Jr.
and Teresa Wyrick, Midtown Redevelopment District No. 1 Advisory Board, John
Kincaid, Melinda B. Martin, Scott Mosley, Alicia Cooper, Craig Berry, Bill Rector,
Racial Cultural Diversity Commission, Dr. Edith L. Altheimer, Teresa Belew, Donald
Darnell, Letrishe Hence, Mark DeYmaz, Charles Sphon, Dr. Kaleen Sayyed, Dr. Robert
Daugherty, Sister Cities Commission, Jay Bolling, Shelia Vaught, Zoo Board of
Governors, Blair Allen, David Graf, George Mallory III, Mark Coffeld. Director Cazort,
seconded by Director Keck made the motion to adopt the resolution making the
nominated apartments. By unanimous voice vote of the Board members present, the
resolution was adopted and the appointments made.
Little Rock Board of Directors Meeting
March 16, 2004
6 P
CITIZENS COMMUNICATIONS
Speaker: Don Darnelle
Topic: Fair Housing
Director Adcock made the motion to adjourn, seconded by Director Keck to adjourn the
meting. By unanimous voice vote of the Board members present, the meeting was
adjourned at 8 PM.
ATTEST:
--max
cy Wo
qty Clerk
APPROVE:
r �
J m Dailey
ayor
E