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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