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05-04-04Little Rock Board of Directors Meeting May 4, 2004 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham May 4, 2004 6:00 PM 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, Vice Mayor Hinton, Keck, Adcock, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey, Graves and Kumpuris. Director Pugh gave the Invocation, which was followed by the Pledge of Allegiance. Mayor Dailey was absent. Director Stewart was not present at roll call, but enrolled at 6:10 PM. Vice Mayor Hinton asked the Board to consider the listed modifications. M -1. RESOLUTION NO. 11,739 - To award a contract to Environmental Specialties International, Inc. for construction of the final cover on Cell 2 of the Class 1 landfill in the amount of $495,683.10. Synopsis: A capital improvement project for construction of the final cover on Cell 2 of the Class 1 landfill. M -2. MOTION - -To set the date of public hearing for May 18, 2004 on the appeal of the Planning Commission's action in granting a Special Use Permit to allow a family home day care on the R -2 zoned property located at 6821 Fairfield Drive. Planning Commission: 6 yes, 3 no, 3 absent. Staff recommends granting the Special Use Permit. Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a Special Use Permit to allow a day care family home on the R -2 zoned property at 6821 Fairfield Drive. M -3. PRESENTATION - - Mathcounts — Pulaski Heights Middle School. M -4. RESOLUTION NO. 11,740 - To authorize the Mayor and the City Clerk to grant a right -of -way easement for the purpose of placement of electrical transformers on certain land owned by the City of Little Rock, located in Pope's Addition of the City of Little Rock, Arkansas; and for other purposes. M -5. RESOLUTION NO. 11,741 -To amend Little Rock, Ark., Resolution No. 11,594 to change HOME Funding approval from Watershed Human & Community Agency, Inc. to Stonewood Apartments Limited Partnership; and for other purposes. Synopsis: Due to a change in property ownership, it is necessary that HOME funds previously awarded to Watershed Human & Community Agency, Inc., now be awarded to Stonewood Apartments Limited partnership. A motion was made by Director Adcock, seconded by Director Pugh to make the listed modifications to the agenda. By unanimous voice vote of the Board members present, the Modifications were made. Ms. Wood, City Clerk, asked Vice Mayor Hinton if Items M -1, M -3 and M -4 were to be read as consent items. Vice Mayor Hinton indicated they were. Little Rock Board of Directors Meeting May 4, 2004 6:00 PM Presentations: Proclamation — Municipal Clerks Week MacArthur Military Museum — Stephan McAteer The next consideration was the Consent Agenda consisting of Modification Items M -1, M -4, and M -5, and Items 1 -7. RESOLUTION NO. 11,742 - G -23 -331 - To set the date of public hearing for May 18, 2004 on the petition to abandon portions of the Brack Avenue, Carl Street and Lucie Avenue rights -of -way, as well as the alley right -of -way within Block 25, Brack Addition to the City of Little Rock, Arkansas. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval with conditions. 2. RESOLUTION NO. 119743 - G -24 -015 — To set the date of public hearing for May 18, 2004 on the petition to abandon a private sewer easement and a private water line easement located on the property located at 1901 East Roosevelt Road; Lot 1 of Strafco's Replat of Goffs Number 1 Addition to the City of Little Rock, Arkansas. Staff recommends approval. 3. RESOLUTION NO. 11,744 - To authorize the City Manager to execute an agreement with Development Consultants, Inc. for engineering services for the Scott Hamilton Drive (Baseline Road to J.E. Davis Drive) Project; and for other purposes. 4. RESOLUTION NO. 11,745 - To authorize the City Manager to execute a contract with Standard Insurance Company to provide long -term disability insurance coverage for non - uniformed City employees, and for other purposes. 5. RESOLUTION NO. 11,746 - To authorize the City Manager to enter into a contract with Fletcher Collision Center and Team 1 Auto & Glass as the low bidder for Light & Medium Vehicles for paint and body repairs; and for other purposes. 6. RESOLUTION NO. 11,747 - To authorize the City Manager to enter into a contract with Goodyear Auto Service Center as the low bidder for vehicle tires; and for other purposes. 7. RESOLUTION NO. 11,748 - To authorize the City Manager to enter into an agreement with IK Electric of Little Rock in the amount of $91,697 for the purchase and installation of a Neighborhood Camera System. 2004 Bond Project. Synopsis: The Police Department requests approval to award a contract to IK Electric of Little Rock in the amount of $91,967 for the purchase and installation of a Neighborhood Camera System. $100,000 in 2004 Bond Funding is dedicated to the project. The Consent Agenda was read, which included Items M -1, M- 3,M -4, and Items 1 -7. There were no citizens present to speak during the Citizens Communications portion of the meeting. 2 Little Rock Board of Directors Meeting May 4, 2004 6:00 PM The Grouped Items were considered next: Items 8 -13. 8. ORDINANCE NO. 19,088 - Z- 3173 -C — Approving a Planned Zoning Development and establishing a Planned Residential Development titled Sage Meadows Long -form PRD, located on the West side of John Barrow Road, just south of Tanya Drive, in the City of Little Rock, Pulaski County Arkansas; amending the official zoning map of the City of Little Rock; and for other purposes. Planning Commission: 8 yes, I no, 2 absent. Staff recommends approval. Synopsis: The applicant Proposes to rezone the site from MF -12 to PRD to allow the site to develop with a 56 unit single - family subdivision. 9. ORDINANCE NO. 19,089 - Z- 4336 -S — To reclassify property located along Maryland Avenue, between Battery and Schiller from R -3, R -4, R -5, 0-2 and 0-3 to 0-2 Office and Institutional Use, in the City of Little Rock, Arkansas, amending the official zoning map of the city of Little Rock, Arkansas and for other purposes. The Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: Arkansas Children's Hospital is requesting is requesting to rezone the property from R -3, R -4, R- 5, 0-2 and 0-3 to "0-2" Office and Institutional District. 10. ORDINANCE NO. 19,090 - Z-7587 — To reclassify property located at 6501 Interstate 30 from I -2 to C -3, in the City of Little Rock, Arkansas, amending the official zoning map of the city of Little Rock, Arkansas and for other purposes. The Planning Commission: 10 yes, o no, I absent. Staff recommends approval. Synopsis: The applicant/owner of the 0.73 acre lot is requesting to rezone the property from "1 -2" Light Industrial District to "C -3" General Commercial District. 11. ORDINANCE NO. 191,091 - Z -7588 — To reclassify property located at 17212 Colonel Glenn Road from R -2 to R -7A, in the City of Little Rock, Arkansas, amending the official zoning map of the city of Little Rock, Arkansas and for other purposes. The Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: The applicants /owners of the 0.34 acre tract are requesting to rezone the property from "R -2" Single Family District to "R -7A" Manufactured Home District. 12. ORDINANCE NO. 19,092 - Z -7590 — To reclassify property located, at 17409 Alpine Circle from R -2 to R -7A, in the City of Little Rock, Arkansas, amending the official zoning map of the city of Little Rock, Arkansas and for other purposes. The Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: The applicant/owner of the 4.76 acre property is requesting to rezone the property from "R -2" Single Family District to "114A" Manufactured Home District. 13. ORDINANCE - To amend Little Rock, Arkansas Revised Code 2 -243 (1988) to recognize Property and Casualty Insurance Consultant Services as a professional service for the City of Little Rock, and for its various Boards and Commissions; and for other purposes. Ordinance was held on second reading. The grouped. Items consisting of Items 8 -13 were read the first time. Director Adcock seconded by Director Keck made the motion to suspend the rules and place the ordinances on second reading. The rules were suspended by unanimous voice vote of the board members present, being two - thirds in number, to provide for the second reading. The ordinances were read the second time. Director Adcock made a motion, seconded by Director Cazort, to suspend the rules 3 Little Rock Board of Directors Meeting May 4, 2004 6:00 PM and place the ordinances on third and final reading. By unanimous voice vote of the Board members present, the rules were suspended to provide for the third reading. The ordinances, Items 8 -12 were read the third time. Item 13 was held on second reading to be read the third time at the May 18, 2004 regular Board of Directors Meeting. By unanimous voice vote of the Board members present, the ordinances (Items 8 -12) passed. The public hearing was the next Item considered. 14. PUBLIC NEARING & RESOLUTION - Z -7547 — Rescinding the Little Rock Planning Commission's Action in denying a Conditional Use Permit to allow a Transitional Living Facility to be located on the R -3 zoned property at 8223 W. 39th Street. Planning Commission: 11 no, 0 absent. Staff recommends denial. (Deferred from March 2nd, 2003). Synopsis: The applicant, Emanuel Thompson on behalf of the House of OBED is appealing the Planning Commission's denial of a conditional use permit to allow a transitional living facility to be located on the R -3 zoned property at 8223 West 39" Street. (Item was deferred due to notices not being sent out by the applicant). Mr. Steve Beck, Interim Planning Director gave on overview of the item, and stated that staff feels this facility would be have a detrimental effect on the neighborhood. He stated the house is not sufficient to house 6 to 10 residents. Mr. Herb Dicker, representing Southwest United for Progress ask the Board of Directors to deny the application saying that these types of facilities need to be placed in areas other than residential neighborhoods. He stated there are no regulation or inspection programs in place for these facilities and the crime of the felons is unknown to the neighborhood. He stated he was concerned about the safety of the neighborhood. Ms. Doris Wright, representing the John Barrow Neighborhood Association was opposed to the facility. She felt this was unregulated growth. That this is a single- family neighborhood. She stated they already have affordable homes, that many senior citizens are located in this area, who cannot or are unwilling to re- locate, but are fearful of a facility such as this going in the neighborhood. She stated this home had previously been in existence before the City shut them down due to not having proper permits, and that they had moved in residents that the neighborhood knew nothing about. She sited safety of the children as another factor for being opposed to the application. Ms. Nettie Smith, a neighborhood resident stated that they did not receive notice this facility was going in the neighborhood. Ms. Jean Briggs, a neighborhood resident, asked for the home to remain residential. She cited traffic issues and safety of the elderly citizens and the children of the neighborhood. Ms. Ruth Bell, Pulaski County League of Women Voters, stated their primary concern was the density of the population in this size of a building. She stated that the applicant had not been forthright at the Planning Commission level regarding their program. Ms. Janice Bush spoke in favor of the application; saying that they would have ten men housed there not twelve. She stated they have a mission statement, they house no serious offenders, and their goal was to help offenders with resumes, to help them to find employment. Mr. Jason Robinson, was in favor of allowing the facility. He stated that he had gone through the program, and was now working, and going to school. He said that the facility gave him a second chance, to re- establish himself after being incarcerated. The applicant Mr. Emanuel Thompson explained that this facility was a Christian outreach program, that they teach life skills, anger management and try to provide a service to the community, and hoped to have an impact on negative behavior. There were questions from the Board as to the size of the building, the program the applicant planned to present, what kind of criminal records the residents would Ell, Little Rock Board of Directors Meeting May 4, 2004 6:00 PM have, the length of time the resident would be allow to stay, if the applicant owned the property, how many of the residents found employment through their program, what their rent would be, _,.. how the kitchen is set up, if they have regular health inspections, if the residents do their own cooking. Ms. Bush answered that they are not in operation currently, that they try to help these people find employment, that all the residents they previously had when they were open had fund jobs, that they would have a permanent person to live on the property, and that the residents do their own cooking. Mr. Thomas was asked if, this application did not pass, would he locate to a more appropriate location, Mr. Thompson said he would like to continue to operate, but it might not be financially feasible at this point. Mr. Thomas stated he had looked at some non- residential property in east end and Wrightsville, and Woodson, but wanted something more near the city. Director Graves asked if there was something that could be done at staff level to help programs such as this, but not located in residential areas. Mr. Bruce Moore, City Manager, answered that he felt it was incumbent upon the city to work with organizations to try and locate in areas of the city that are more conducive for this type of service. He stated that the Planning Staff works very closely with applicants, and the Housing and Neighborhood Planning Staff works with these groups. Mr. Dana Carney, Planning and Zoning Manager, stated that prior to September of last year, this type of facility could go in office zoning districts as an institutional kind of use, but in September of last year, this Board passed an ordinance that requires any facility of this nature regardless of the zoning to go through the Conditionals Use Permit process. Mr. Carney stated he felt it was more appropriate to find an appropriate location rather than an appropriate zoning, perhaps not in the heart of a residential neighborhood but more along the arterial or collector streets that for the boundary of a neighborhood, where there are generally more of a mix of uses, it may not have quite the impact. Director Adcock asked staff to put - together some criteria to address this problem in the future. Mr. Moore stated that staff would develop an internal team that would include housing; planning and other appropriate departments and prepare a plan of action to report back to the Board. The general consensus of the Board of Directors that they felt this was a good program, but not appropriate for a residential neighborhood, and all wanted to see staff work with programs such as this and try to develop criteria or appropriate locations for them to operate, and try to work with the state through legislation to formulate a plan where there is uniformity in how these businesses operate, are permitted, inspected, etc. The resolution was read. There was no motion made to adopt the resolution. The resolution failed. Director Hurst stated she was concerned that there had been no work on the use tax ruling, that March 30th had been the date set to reconfigure the budget. She asked Mr. Moore if he were comfortable proceeding without cuts, and if a new date has been set. Mr. Moore stated the date was extended to April 30th, and was his plan this week to develop Plan A, if there is no ruling by Thursday, and present that plan next Tuesday. Mr. Moore stated there had been some stringent requirements on all the departments regarding expenses and continues to see increased revenue, and was not in the panic mode by any means at this point. Director Adcock, seconded by Director Cazort, made a motion to adjourn the meeting. By unanimous voice vote of the Board members present, the meeting was adjourned at 7:25 PM. 5 Little Rock Board of Directors Meeting May 4, 2004 6:00 PM ATTEST: N cy Wo C ty Clerk APPROVED: J Dailey Mayor R