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07-17-01?7 MINUTES Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas July 17, 2001 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Vice Mayor Brad Cazort presiding. The roll was called by City Clerk Nancy Wood, with the following Directors present: Directors Hinton, Pugh, Stewart, Graves, Kumpuris, Adcock, Keck, and Wyrick. — Mayor Dailey and Director Lichty were absent. With a quorum present, Vice Mayor Cazort declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Pugh, followed by the Pledge of Allegiance. Vice Mayor Cazort asked for a motion to make the following modifications to the agenda: In addition to the items listed below, Director Keck made a motion to add a Resolution to the Agenda to re- appoint Dr. Mark Hartmann to the Zoo Board of Governors; the motion was seconded by Director Adcock, and by unanimous voice vote of the Board Members present, the resolution was added to the agenda. M -1. RESOLTION NO. 11,091 — To authorize the City manger to enter into a contract with Scott Construction Equipment Company for the purchase of a waste grinder in the amount of $398,849 for composting operations at the Little Rock Yard Waste Composting Site. 3. ORDINANCE — Z -7004 — Reclassifying property located at 10902 Kanis Road from C -2 to C -3 amending the Official Zoning map of the City of Little Rock, Arkansas, and for other purposes. (Item was deferred to August 8, 2001.) 5. ORDINANCE - Z -7020 — Reclassifying property located in the City of Little Rock, Arkansas; located at 10923 West Markham, from R -2 to C -3 amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Item was deferred to August 8, 2001.) 10. RESOLUTION — To authorize the City Manager to enter into a contract for rehabilitation services to the Neighborhood Resource Center Auditorium located at 3805 W. 12th Street in the City of Little Rock, Arkansas. (Item was deferred to August 7, 2001.) 12. ORDINANCE — Reclassifying property located in the City of Little Rock, Arkansas; located 15800 Kanis Road, from R -2 to 0-2; amending the official Zoning Map of the City of Little Rock Arkansas; and for other purposes. (Deferred to August 7, 2001.) 15. ORDINANCE —To establish a procedure by which the City shall declare the relocation of certain utilities as necessary for the public good; to declare an emergency; and for other purposes. A motion was made by Director Adcock to modify the agenda as listed above. Director Keck seconded the motion and by unanimous voice vote of Board Members present, the listed modifications were made. The first item was a presentation — Faitheare Corp./InnerCity Futurenet. Mr. Howard and Mary Gardner, and some of the youth from the organization made the presentation. SV Vice Mayor Cazort then asked the clerk for the first reading of the grouped items, which consisted of the following: 1. ORDINANCE NO. 18,523 — Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled Bowman Plaza — Revised POD located at the northwest corner of Colonel Glenn and Bowman Roads, in the City of Little Rock, Arkansas, amending Ordinance No. 17,974 and Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and for other purposes. 2. ORDINANCE NO. 18,524 — Amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas providing for a deferral of Boundary Street Improvements for Bowman Plaza POD located on the north side of Colonel Glenn and west of Bowman Road. 3. ORDINANCE — Z -7004 — Reclassifying property located at 10902 Kanis Road from C -2 to C -3 amending the Official Zoning map of the City of Little Rock, Arkansas, and for other purposes. (Item was deferred to August 7, 2001.) 4. ORDINANCE NO. 18,525 — Reclassifying property located in the City of Little Rock, Arkansas; located at 921 E. 9th Street and 904 Welch Street, from R -4 to 0-1 amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. 5. ORDINANCE - Z -7020 — Reclassifying property located in the City of Little Rock, Arkansas; located at 10923 West Markham, from R -2 to C -3 amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Item was deferred to August 7, 2001.) 6. ORDINANCE NO. 18,526 — To amend the Land Use Plan (16,222) in the River Mountain, West Little Rock, Heights Hillcrest, Downtown I -630, Boyle park, I -430, 65th Street West and Port Planning Districts, from Low Density Residential, Commercial, Multi - family, Industrial, and Single Family to Park/Open space and Public Institutional; and for other purposes. 7. ORDINANCE NO. 18,527 — To reclassify all City of Little Rock Municipal Parks property, located in the City of Little Rock, Arkansas, from Various Zoning Districts to "PR" Park and Recreation district; amending the official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. The ordinances were read the first time. The rules were suspended to provide for the second and third readings of the ordinances, by unanimous voice vote of the board members present. A motion was made by Director Keck to adopt the ordinances; a second to the motion was made by Director Adcock, and by unanimous voice vote of the board members present, the ordinances were adopted. 8. RESOLUTION NO. 11,088 — Authorizing the Mayor and City Clerk to execute deeds for the transfer of three City Lots, 9, 10, and 11, Pike Addition to Gospel Assembly Church and Academy. Director Adcock asked if the owner of the property in front of the Church if they would be interested in purchasing the property. She also stated the Board Communication did not provide much information. She had questions as to the value of this property, which is right by Asher Avenue. Asher is just now expanding, and in reading this thought maybe this was part of the agreement for the right of way from the church, and asked Mr. Bob Turner, Public Works Director, if that was correct. Mr. Turner answered that was correct. Director Adcock asked Mr. Turner to go over the financial agreement pertaining to this. Mr. Turner stated they were acquiring right of way from the church for Asher Avenue. He said it was the frontage of the church along Asher. He explained it was being acquired for the purposes of constructing Asher. He stated that in conjunction with that, as part of that arrangement staff had agreed to exchange the other lots to the church. Director Adcock asked if they would be receiving any dollars for this? Mr. Turner stated they would be paid for their right of way on Asher as part of the compensation. Director Adcock asked what the value of the three lots FA qd would be? Mr. Turner said he did not know, that they were excess lots that were adjacent to the Fire Station No. 14. He said part of the lots would be reserved for parking for the fire station as necessary. Director Adcock asked if the lots were zoned residential? Mr. Turner said he was sure they were. Director Adcock then asked what use would the church be doing with the lots? Mr. Turner said they would be used for parking. Mr. Turner said one thing he would like considered on this item was that the State Highway Department was trying to proceed to the construction of Asher Avenue and if staff could not conclude negotiations with the church, the property would have to be condemned, the property to the right of way off of Asher Avenue, that they would not sign that deed. Director Adcock stated that some of the people she had spoken to were concerned that besides the money that was received, this was like an added bonus and some of the other people along Asher don't feel they were given such a good deal as this. Mr. Turner said he could not speak as to other properties, that the negotiations on Asher Avenue, all along have been very arduous, very detailed, and very time consuming, and the City as expended approximately two million dollars to acquire the right of way for Asher Avenue. Director Adcock asked if they had been assured they could get zoning for a parking lot on this property? Mr. Turner stated he would not assure anyone that they could get zoning of any kind. Director Adcock asked the item be held so that the Community Housing Board has an opportunity to look at this, but understands that Mr. Turner has requested the board move on this because of it being Asher, that has been put on hold for about five years. Mr. Turner said that was his concern; that this could effect the letting date of Asher Avenue, and the state had asked the City to proceeded as expeditiously as they could to complete the right of way because they propose to let a contract in September of 2001, on Asher. The resolution was read. Director Keck motioned to approve the resolution; Director Kumpuris seconded the motion, By majority voice vote of the Board Members present, the resolution was adopted. Director Adcock voted no. The vote was 8 yes, I no, 2 absent. Vice Mayor Cazort asked for a motion to reappoint Dr. Hartman to the Zoo Board. Director Kumpuris made the motion, Director Adcock seconded the motion, and by unanimous voice vote of the Board Members present, Dr. Hartman was reappointed. 9. RESOLUTION — Authorizing the Mayor and City Clerk to execute deeds for the transfer of East 1/2 of Lot 24, Block 7 Chester filed Square Addition to adjacent landowner, Barbara James. (Item was deferred to August 7, 2001.)(Director Adcock made a motion to defer Item 9 until August 7, 2001; Director Keck seconded the motion, and by unanimous voice vote of the Board Members present, the item was deferred. 10. RESOLUTION — To authorize the City Manager to enter into a contract for rehabilitation services to the Neighborhood Resource Center Auditorium located at 3805 W. 12th Street in the City of Little Rock, Arkansas. (Item was deferred to August 7, 2001.) 11. RESOLUTION NO. 11,089 & PUBLIC HEARING — To rescind the Planning Commission's approval of a Conditional Use Permit to allow a multi - sectional manufactured home at 3820 Foster Street. Vice Mayor Cazort opened the Public Hearing. There were two speakers opposed to the item. Ms. Doris Wright, 3701 Boyd Street, President of the John Barrow Neighborhood Association, speaking on behalf of her membership and Campus Place, Kensington, and the other neighborhoods that participated in a meeting they had held about this issue. She stated they met with the lady that wanted to put in the manufactured home, and overwhelmingly the neighborhood was against the proposal. She stated the information regarding these meetings were on file in the City Clerk's Office. She said they wanted to keep it stick built housing and were against manufactured homes in this area. Ms. Norma Walker, 4201 Holt Street, was the second speaker opposed to the manufactured home. She said 99% of the residents of Foster Street were opposed to this. She said she felt the residents had the right to say what kind of construction they would want in their community. She felt property values would be lowered if the manufactured home were allowed. Mr. Jim Lawson, Planning and Development Director, stated he had a couple of items he would like to go over with the Board. He stated this particular area in John Barrow; there are homes to the north, but where this manufactured home is desired to be placed, there is a lot of undeveloped i�, land in the area. Mr. Lawson stated the applicant has agreed to brick the home, and then put a two -car garage on there. He said from staff's standpoint, and from the Planning Commission's standpoint, that changes the issue. He stated there is a manufactured home, a mobile home out where he lives, on County Farm Road, that has been bricked for many years, and unless they who had been there for twenty years, know, it looks like a house. He said he thought from staff s standpoint when you take a manufactured home and you put a garage and brick it, once the job is done, which would be required under this particular conditional use permit, you could not tell if it were stick built or not stick built. Director Stewart said she was concerned this was the same vicinity as the manufactured home before the board last year. Mr. Lawson said no that was a different part of Barrow. Director Stewart's next question was to Mr. Tom Carpenter, City Attorney, asked where the city was with the procedure for placing manufactured homes being placed in residential neighborhoods. Mr. Carpenter answered that where the Board is, is that they have a procedure that allows them to be located in residential areas by conditional use permit. They have not retreated from that procedure. He stated the board has the option of doing it in that fashion or of requiring what are essentially trailer homes, and that is essentially the scope of the Boards authority and after that, you start running into violations of the Fair Housing Act and other Federal statutes. He said there have been occasions in which the City's decision to deny an application for manufactured home was upheld because of the number of homes and the density within a relatively small area of space, and that decision the court had before it, and made the comment that if it were an isolated home, in a relatively isolated location, the court would see the issue differently, but upheld the denial in that case because there was something like nineteen homes that, eventually dropped to five or six, right together in one block as opposed one off by itself. Director Adcock asked Mr. Lawson how many manufactured homes had the board turned down over the last five years, because of the perception of the neighborhood people that it devalues the property. Mr. Lawson said he was not sure he could respond as to why the Board turned down the request; he said the majority of the ones that have made it to the Board he thought had been denied. He stated that there had been a few that had gone through the Planning Commission that the neighborhoods have not been opposed, and they have not come before the Board. Mr. Lawson stated that at the time this was before the Planning Commission, which was several months ago, the applicant agreed she would have the fagade bricked by August 1, 2001, and that date is near, and he assumed that the applicant might want to amend that date. The applicant, Marian Moore 3820 Foster Street, stated she had bought some property at 3820 Foster, and when she bought the property she had asked the person who sold her the property if manufactured homes were allowed there, and was told yes. She stated that when she came to the City to get a permit, she was told they did not want one out there. She said her intent is to put brick it, put a front porch on it, a back deck, and other things to it. She said she has a Fleetwood Home and she was going to make it beautiful, and asked the Board to approve it for her. She said there is mobile home at 4101 Weldon, and hers is not bricked or anything, and did not see why she could not put hers out there. Vice Mayor Cazort, ask her, if the Board approved this, how much time would she need to do the bricking, etc. She replied that the front would be done immediately and would ask for a date of October to add the porch, deck, etc., but it would be next year before she could finish bricking the whole home. Vice Mayor Cazort closed the Public Hearing, and asked if there were any other questions by Board Members. Director Stewart asked Mr. Lawson, if the Board did not approve the item, what happens to the property at that point, since the lady had purchased the property. Mr. Lawson stated that probably her only options would be to try to sell the land, or build a house. Vice Mayor Cazort asked Mr. Carpenter if the resolution needed to be amended to reflect the new dates. Mr. Carpenter stated since this was a conditional use permit; it could be administratively changed to the October 1St date, if that was the one she wanted to use for the bricking. Director Keck moved for other adoption of the resolution; Director Adcock seconded the motion. The resolution was read, and a roll call vote was recorded as follows: Director Pugh, no, Hinton, no, Keck yes, Stewart, yes, Wyrick, yes, Kumpuris, yes, Graves, yes, Wyrick, yes, Adcock, yes, Vice Mayor Cazort, yes. The vote was 8 yes, 2 no. The resolution was adopted. Vice Mayor Cazort asked Mr. Lawson if he could work with the applicant and explain what her other options might be for use of the property. 4 qZ 12. ORDINANCE — Reclassifying property located in the City of Little Rock, Arkansas; located 15800 Kanis Rood, from R -2 to 0-2; amending the official Zoning Map of the City of Little Rock Arkansas; and for other purposes. (Deferred to August 7, 2001.) 13. ORDINANCE NO. 18,528 - To adopt a Master Park Plan for the City of Little Rock, Arkansas to repeal the Parks System Master Plan, as amended, approved in Little Rock, Arkansas Ordinance No. 14,517 on October 4, 1983, to declare an emergency and for other purposes. Mr. Bryan Day, Parks and Recreation Director, introduced some of his key staff and gave a presentation stating that this plan sets out a road map and a vision for creating a healthier quality of life in our City. He stated that currently the City has aging and inadequate facilities, he said there are insufficient resources to meet maintenance expectations of our community, and insufficient space and facilities to meet the changing programming needs of our community, and that all user groups are not being served in the community, and the funding is inadequate, and our organization structure is antiquated in terms of addressing the needs the City currently faces. He said most importantly, the City is not taking advantage of what Little Rock has to offer in terms of its natural and ecological attributes. He said the situation in Little Rock is where there are three or four specific geographical regions, the Ozark Mountains, the River Valley, the Delta that all comes together, and that is what people are looking for in terms of building a good parks system. Mr. Day said they took all that information and developed a plan that addresses those issues and takes care of what we have. He said that is what this Plan is built around, taking care of what we have. He said that was the number one goal, but additionally did not want to lose sight of what we could become. He said image a series of hiking and biking trails that circle the city, hundreds of miles of trails that people can use. Imagine clean and working, and up to date restrooms in our parks. Imaginee a great environmental and educational center at Fourche Creek, well maintained and adequate number of soccer fields and sports complexes that not only provide recreational needs that bring new revenue to the Parks Department. Imagine lots and lots of green space to create a city within a park, and safe and clean community centers that people feel comfortable coming to at all hours of the day. He said all this can be done. The Plan shows how it can be done, but that that a leap of faith is need by the Board to take this step. He said other cities have taken the leap of faith; three of those cities are Chattanooga, Tennessee, Austin, Texas, and Louisville, Kentucky. Mr. Day asked the Board to support the Plan. Director Kumpuris asked Mr. Day how he was going to start paying for it. Mr. Day stated that this is a sixty million dollar plan that does not necessarily mean six million dollars more a year; that they are putting together a funding strategy. He said they knew for example, there were ways to reduce cost within the Parks Department. He said case in point, last year; they privatized their day care and saved $750,000. He said there is other things they could do like that. He said they know they can raise money by sponsorships, naming rights, and grants, and in the last eighteen months they had raised about $900,000 in grants and sponsorships. He said also that many of the fees are pretty inexpensive, and need to be adjusted. He said not so as to price themselves out of business; to do a comprehensive fee analysis to bring additional money. He said they would develop over the next six months several funding strategies for the board to consider during the budget process. He said their hope was that Vision Little Rock would develop a strategy that would fund the entire plan, however this effort is designed to stand alone, and whatever they can bring to the table, make it that much easier to implement the document. He said the board for a little leeway, and flexibility, and that he had been working with the City Manager and City Attorney on some things, and were not advocating as the Parks Department, a tax or property tax increase, rather come to the board with a variety of fee generating things to fund the plan. The ordinance was read the first time. The rules were suspended to provide for the second and third reading of the Ordinance by unanimous voice vote of the Board Members present. By unanimous voice vote of the Board Members present the ordinance and emergency clause was adopted. Director Graves announced that Mr. Bryan Day was selected as one of the Forty Under Forty Outstanding Young People by the Arkansas Business group. Director Graves and the board congratulated Mr. Day, on this achievement. 14. RESOLUTION NO. 11,090 — To recommend to the Pulaski County Election Commission a proposal for City Ward Boundaries to be modified as a result of the 2000 q3 Federal Decennial Census; and for other purposes. Mr. Jim Lawson, Planning and Development Director, gave an overview of the proposals, which were previously presented. The main focus was the Birchwood Neighborhood and Pecan Lake Neighborhood boundaries. Mr. Walter Malone, Planning Manager, explained that the city staff had sent out two mailings to the neighborhood contacts, approximately 132 individuals were sent copies two separate times. The first mailing showed current wards as they are today, Version 1, and a map that show the changes in- between the current wards and Version 1. He said it was also put on the City's website. The second mailing was done after the last agenda meeting and that mailing had 4 maps, one was Version 1, Version 1.1 showing lines assuming that chances were made in the Birchwood, Walnut Valley and Santa Fe neighborhood areas, Version 1.2 showed changes that effected wards 7,6, and 2, being Pecan Lake, University Park, and neighborhoods around the State Police Headquarters in Southwest Little Rock. Version 1.3 showed if both changes were made. These were sent to the same groups of people. Mr. John Hilton, 38 Broadmoor, represented the Broadmoor Addition, said he would recommend Version 1.3 as opposed to Version 1.3, the difference being University Park. He said he felt they were a part of the neighborhood area, and concerned about losing them, and had partnered with their group on many problems and issues. Ms. Estelle Matthis, 6303 Shirley Drive, representing the University Park Neighborhood, and stated they also would like to keep the boundaries as they are. She stated they had made a lot of progress working with the Broadmoor group. Mr. Floyd Boyd, representing the Birchwood Neighborhood, stated they would like Version 1.1 or 1.3. He asked what was the real importance of equal numbers. Vice Mayor Cazort answered that it was a Supreme Court decision. He stated he appreciated the mail outs and the notifications that the city staff had done on this issue. Ms. Kathleen Oleson, 5717 Hawthorne Road, representing the League of Women Voters of Pulaski County, thanked the city for addressing the issue of the redistricting or the wards in a timely manner. She stated that this gave citizens the opportunity to become aware of the recommendations, to have comments and have adjustments made. She announced that this was only a recommendation and it would then go to the Pulaski County Election Commission, and that citizens would have another opportunity for input before this group. Ms. Jody Williams, 1607 Charlotte, stated the neighborhood associations represented here tonight would like the Board to consider keeping their ward zoning as it is. She said they could go with the Version 1 as that pretty much kept them as a unit. Mr. Cy Carney City Manager stated that staffs recommendation is the Version 1 without the two modification packages. Director Keck and Director Adcock asked if a motion was necessary to adopt the 1.1 Version, since the groups had worked hard to suggest the modifications. Vice Mayor Cazort stated that his thought was to go around the table and ask each board member which plan was favored, and if more than six board members supported the 1.1 Version that would the attachment (Exhibit A) to the Resolution.. There was majority support for Version 1.1. The resolution was read. Director Adcock moved for the adoption of the resolution; Director Keck seconded the motion, and by unanimous voice vote of the Board Members present the resolution was adopted, recommending version 1.1 to the Election Commission. 15. ORDINANCE —To establish a procedure by which the City shall decide the relocation of certain utilities as necessary for the pubic good; to declare an emergency; and for other purposes. (Item deferred to August 7, 2001.) Vice Mayor Cazort asked for the reading of item M -1, the addition to the agenda. M -1. RESOLTION NO. 11,091 — To authorize the City Manager to enter into a contract with Scott Construction Equipment Company for the purchase of a waste grinder in the amount of $398,849 for composting operations at the Little Rock Yard Waste Composting Site. The resolution was read. Director Adcock made a motion to adopt the resolution, Director Kumpuris seconded the motion, and by unanimous voice vote of the board members present, the resolution was adopted. 16. REPORT — City Manager's Activity Report. Mr. Carney overviewed the Board Event Calendar for the next few weeks. 0 CITIZEN COMMUNICATIONS: Three speakers were present to speak on behalf of the Say it Loud Organization. Ngoulia O'keke, 7419 Dalhia Drive, Alexander Moore, 4408 Arehart Drive, participants in the Say it Loud program gave presentations on what they had gained and experienced with the program. Dr. Patricia W. McGraw, 721 Ouachita Drive, spoke on behalf of the organization, who was the previous week denied funding by the City of Little Rock. She said it was a nationally recognized program, and had received praises from coast to coast, and overviewed accomplishment of the group and stated her disappointment in the City denying the group the funds. Mr. Carney stated that in packets for next meeting, there would be a report related to the completive process the City goes through and would be sure there is detailed information on this particular program, the evaluation process and how the recommendations were reached. Mr. Moore, Assistant City Manager, stated that this application was not rejected, this application went through a competitive bid process, and there was approximately $100,000 for this bid, and six proposals were deemed responsive, at that point the price terms are opened, and there were four other programs that actually underbid this program. He stated that it did pass the review process; it was a matter of four other programs having lower bids. Mr. Moore stated that at the end of the year there are sometimes carryover dollars, but did not have the dollar amount as yet. Mr. Moore said there is a five member review committee that looks at a number of things that the RFP addresses, some of it history, some of it collaborative efforts with other community based organizations, etc. He said once the committee deems those responses as a legitimate response, it then goes to the next stage. Mr. Moore stated the requirements for the bid have been very consistent. Director Hinton asked staff to look and see if there are carryover moneys or some way to see if there is a way the City can help this group. Director Adcock, asked staff to see if there is any money in the education budget, that they usually have funding left. Mr. Moore said they are looking closely at this, that there are two other programs that passed the review committee, but did not receive funding based on the competitive bid, so staff is looking closely at projecting carryover dollars to fund these particular programs. Director Keck made the motion to adjourn, Director Kumpuris seconded the motion and by unanimous voice vote of the board members present, the meeting adjourned at 8:55 u` P.M. 7 C'ty C1 4k 7 1� t tia q y