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07-01-03MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham July 1, 2003 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, Graves, Hurst, Wyrick, Kumpuris, and Cazort. Director Hurst gave the Invocation, which was followed by the Pledge of Allegiance. Mayor Dailey was absent. Vice Mayor Hinton asked the Board to consider the listed modifications. ADDITIONS: M -1. RESOLUTION NO. 11,531 - To authorize the Mayor and City Clerk to execute an operating agreement between the City and the Little Rock Advertising and Promotion Commission relating to the operation of the City's Parking Decks at Second and Main Streets, and Second and Commerce Streets. M -2. RESOLUTION NO. To recognize the location of certain facilities in the River Market Area as being in compliance with the franchise agreement between the City of Little Rock, Arkansas and Entergy Arkansas, Inc.; and for other purposes. (Defer to Reconvened Meeting on July 8, 2003.) DEFERRALS: Defer Public Hearing and Resolution to July 15, 2003. Note: The applicant's notices did not go out within the required time period. (Ten days before the scheduled public hearing. 4. PUBLIC HEARING AND RESOLUTION - Z -7394 - Rescinding the Little Rock Planning Commission's action in denying a conditional use permit to allow for construction of a church on the R -4 zoned properties located at 2117 and 2119 South Battery Street. (Planning Commission: 0 yes, 11 no. Staff recommends denial. Synopsis: Holy Ghost Temple Church is appealing the Planning Commission's action in denying a conditional use permit to allow for construction of a church and associated parking on R -4 zoned lots located at 2117 and 2119 South Battery Street. 8. ORDINANCE - To amend Ordinance No. 18,444. (March 18, 2003) Defer to July I5, 2003 Director Cazort made a motion to add M -1 and M -2 to the Consent Agenda, and defer Items 4 and 8. Ms. Wood, the City Clerk, announced that Mr. Moore, City Manager had asked that Item M -2 be deferred to a reconvened meeting on July 8, 2003. Director Cazort amended his motion to reflect this change. Director Adcock seconded the motion, and by unanimous voice vote of the Board members present the modifications were made. PRESENTATIONS: BKD, LLP, City's Comprehensive Annual Financial Report was presented by Kevin Kemp. CONSENT AGENDA (1 -3) 1. RESOLUTION NO. 11,542 - To authorize the City Manager to enter into a contract with Air Cleaning Technologies, Inc. for installation of vehicle exhaust removal systems in sixteen (16) fire stations; and for other purposes. Synopsis: Cost will be $435,586. Funds are available from the 2003 Short Term Financing Account #223- 220- 7119 -8010. 2. RESOLUTION NO. 11,543 - To authorize the City Manager to accept bids and award a contract to Data 911 for the purchase of mobile data systems for the Little Rock Police Department. Synopsis: The Little Rock Police Department is requesting approval to award a contract to Data 911 to purchase (45) mobile data computers at a cost of $261,134 including sales tax. Funds are available in the Short-term finance account #223 -35- 7117- 70 -60, & the Police Department's Local Law Enforcement Block Grant account #700 - 350- X016 -7120. 3. RESOLUTION NO. 11,544 - Authorizing the Mayor to announce the support of the City of Little Rock, Arkansas, United States of America, for the establishment of a nationwide network of Sister States that is known as: The Taiwan — United States Sister States Relations Alliance. Director Keck made the motion, seconded by Director Cazort to add Items M -1 to the Consent Agenda and defer Item M -2 to July 8, 2003. By unanimous voice vote of the Board members present, the items were added. The Consent Agenda, which consisted of Items 1 -3 and Item M -1 was read. Director Keck made the motion to adopt the Consent Agenda, Director Cazort seconded the motion, and by unanimous voice vote of the Board members present, the Consent Agenda was adopted. Vice Mayor Hinton introduced Aaron Matty — Troop 29, Christ the King School. CITIZENS COMMUNICATIONS Speaker: Pat Gee Topic: Asked for a progress report on the sexually oriented businesses set back requirement. Speaker: Robert Say McIntosh Problems in the City Speaker: James Floyd Opposed to the Holy Ghost Temple Church Speaker: Mollie Irwin Trust that the light would be installed and working by the time school starts this fall Speaker: John Bracey Objects in the Right -of -way (Ordinance No. 18,884) ordinance violations There were a number of citizens who turned in cards to speak on Item 4, which was deferred to July 15, 2003 by the applicant. PLANNING & DEVELOPMENT 4. PUBLIC HEARING AND RESOLUTION - Z -7394 - Rescinding the Little Rock -- Planning Commission's action in denying a conditional use permit to allow for construction of a church on the R -4 zoned properties located at 2117 and 2119 South Battery Street. (Planning Commission: 0 yes, 11 no. Staff recommends denial. Synopsis: Holy Ghost Temple Church is appealing the Planning Commission's action in denying a conditional use permit to allow for construction of a church and associated parking on R -4 zoned lots located at 2117 and 2119 South Battery Street. 2 OTHER BUSINESS — 5. ORDINANCE NO. 18,892 - Amending Chapter 8 of the City of Little Rock, Arkansas Revised Code (1988) concerning removal of certain segments of the Fire District, declaring an emergency; and for other purposes. Synopsis: Fire Districts were created when there was a very dense area with regard to commercial construction and development. This was also a time when there was a high probability of fires because of the extensive use of wood and other highly combustible materials and the lack of adequate separation between structures. The ordinance was read the first time. The rules were suspended by unanimous voice vote of the Board members present, being two - thirds in number to provide for the second and third readings of the ordinance. By unanimous voice vote of the Board members present, the ordinance and emergency clause passed. 6. RESOLUTION NO. - Of support of the Community of East End, Saline County Arkansas, in its proposed effort of incorporation. Item Deferred to July 8, 2003. There was no resolution presented, due to additional information that was to be forthcoming. Director Cazort made a motion to defer the item to July 8, 2003, a reconvened meeting. Director Adcock stated her concern was if East End forms a city, could they annex the land from that community all the way to the city limits of Little Rock. Mr. Carpenter answered that they could. Mr. Lawson, Planning and Development Director, stated there were some citizens present from East End to speak tonight. Vice Mayor Hinton asked the citizens to address the Board. John Hearn, Chairman of the Committee to Incorporate East End, stated their petition for resolution is that they are a community of approximately 5600 people, located just across the Pulaski County line. He stated that because they are located within five miles of the City of Little Rock, they are required to come to Little Rock to ask for the resolution to allow them to incorporate. He addressed the concern regarding annexing across the county line, and stated they have no reason to believe they are allowed to do that. Mr. Carpenter stated that annexation - - across county lines can occur and cited Springdale, Arkansas as an example. Mr. Hearn stated he believed there would be more interest in annexing land that is in Saline County, than in Pulaski County because of the proximity to Interstate 530. He said he could not speak for the City Council who has yet to be elected. Director Adcock asked if there were plans to ask for Little Rock water and sewer. Mr. Hearn stated they have a water improvement district that they are happy with; they have a fire improvement district doing a wonderful job. Mr. Carpenter stated he would have a resolution prepared for the July 8, 2003 reconvened meeting for the Board to act upon at that time. Director Hurst seconded the motion. By majority voice vote of the Board members present, the motion carried to defer the item until July 8, 2003, reconvened meeting. Director Adcock voted no on the motion. 7. RESOLUTION NO. 11,545 - To establish a ninety -day moratorium on issuance of building permits, and occupancy permits for any residential treatment and temporary housing facilities, to announce the intention of the Board of Directors to consider a possible ordinance amendment as to the sitting of residential treatment and temporary housing facilities and for other purposes. The resolution was read. Director Hurst offered an amend to the resolution for it to read, a sixty day moratorium rather than a ninety day. Director Cazort seconded the motion. Director Adcock asked if the sixty - days would start now, or if it would go back to the original sixty -day period. Director Hurst stated it would start today, if the resolution passed. She stated it is not the self- imposed moratorium that the Union Rescue Mission had agreed to. She said she had spoken to Mr. Davis, (Union Rescue Mission, representative) who has spoken to fellow Board members, and they are in agreement that they are okay with this. Director Graves asked if businesses, treatment centers that might be affected were notified by either of the task forces working on this issue. Director Hurst stated she had not notified anyone. Mr. Bruce Moore, City Manager, stated staff did not notify any agencies of this resolution coming before the Board tonight. Vice Mayor Hinton stated that this has been discussed several times before this meeting, and it is not something that has not been known, and there have been several articles in the newspaper concerning this issue. Mr. Carpenter clarified that the amendment Director Hurst had offered would also apply in Section 1. In that section there is a proviso that for existing facilities that need building permits or occupancy permits for repairs or rehabilitation efforts are exempted from this. Director Adcock stated she asked at the last meeting for several agencies to be notified, and didn't think the city should depend on the newspaper to do the job that the city should be doing, and wanted to postpone this issue until some notification had been done. She said she asked for Mr. Lawson to provide information on how many applications for permits were in the process now. Mr. Lawson stated there were none that staff was aware of, other that the Union Rescue Mission. Director Adcock asked about several houses on Aldersgate Road. She stated she believed they were mental health facilities, and asked if they would be covered under this resolution. Mr. Lawson stated he had not seen this resolution, and could not answer the question. Director Hurst asked if Mr. Carpenter could offer clarification concerning Director Adcock's questions. Mr. Carpenter, City Attorney stated the fact that residential facility and temporary housing facility is not defined in the ordinance, and that is why Section 2 of the resolution, which was sent out Friday, used that phraseology. He stated that currently these facilities are essentially located as a part of a charitable institution aspect of the zoning ordinance. As he has understood the Boards inquiry it is not just the homeless facilities question, that there are federal civil rights laws that impact what cities can or cannot do. He said those laws would look at not, just is this a facility for the homeless, but is this a facility that there is some sort of regulations in terms of site or so forth that applies to other similarly located facilities. That is what opens the gamut of all facilities. He said the cases he has looked at suggest that if you say "homeless facilities" which have to be seven hundred and fifty feet apart, that may seem logical, rational and legal, but if you allow a homeless facility within two hundred and fifty feet of an alcoholics rehabilitation facility, what has been accomplished, and is this not targeting one type of group over another? This is where the courts have troubles. He said another aspect of the equation is that there is one type of residential facility that there is a special permit for now, and is this something the Board wants to look at further for other facilities, and if so, how far do you go with that, and stated he thought that is what the moratorium was to accomplish. To put everyone on notice so that they do not get in a situation such as the Union Rescue Mission where hey have already closed on a deal for a property thinking that they could use it, and be told to wait, that the board is looking at a siting requirement. He stated it was his understanding that this was a "keep the status quo" for sixty -days while the Board addresses policy questions. Director Adcock stated she wanted to make sure if this is going to include more than homeless facilities, that everyone needed to be notified. Director Wyrick asked if it would be sixty -days before any plan from the task force(s) would be presented to the Board. Director Hurst stated that they had met this morning with the Downtown Partnership, the Homeless Task Force, and that group would have a recommendation to this Board on August 12t ". Vice Mayor Hinton stated the task force he is on are scheduled to meet next week and would bring forth their recommendations. He stated that his group had met with over twenty or thirty different agencies and had received input from them on what they would like to see come forth. Mr. Lynn Davis, spoke in favor of the moratorium and the need to address policy issues as to where treatment facility could fit within the city. Mr. Barry McDaniel, asked the Board to hold off on action for now, to wait for recommendations on a comprehensive plan. He said he was on that committee and was excited that there would be some good things happen because of all the work that is going on. Director Graves asked Mr. Lawson what his comfort factor is on this resolution. Mr. Lawson stated the only concern he has now is that when this started, the issue was the "homeless" and now it has been broadened. He said a plan like that, would take at least a year. He said there are a lot of different groups, and a lot of different ordinances, and it's one thing to do a homeless plan, but if all the other is added it would take a lot of staff work. Director Graves asked Mr. Bruce Moore, City Manager, the same question. Mr. Moore answered that the resolution is very broad based, however, in consulting with the City Attorney, the city and the Board, do not need to target one particular group, and believed that is why Mr. Carpenter has drafted this in the form presented tonight. He said he is concerned there are other agencies this will affect, but was not aware of any at this point, and hopefully the Downtown Partnership and Vice Mayor Hinton's group can move very quickly with a comprehensive plan. Director Graves asked Mr. Carpenter what his comfort factor was. Mr. Carpenter stated if it was not broad based, then there would be a resolution that would be neither enforceable nor meaningful. He stated that when you start dealing with facilities where people are going to stay, even for short periods of time, you start dealing with federal civil rights laws that deal with housing and fair housing. As you start breaking these 0 facilities down, in one sense you can easily discern a difference between a halfway house, a house for people that have drug or alcohol addiction problems, a shelter for battered women, etc., but when you look at them in terms of fair housing available to anybody and not being discriminated against on some basis, they lose their distinction. In terms of developing a policy on the few things that the Board may be able to do something about, such as siting requirements, how close these facilities are to each other, or are these facilities all located in a particular area? He said he has no problem, because it is a short period of time, and it is basically to say to any other groups who may want to locate a facility,such as Union Rescue did when they bought Dillards, thinking they have the right to locate, to not buy for sixty -days, that the Board is going to look at this question and see if other conditions can be put in. Director Kumpuris suggested that the resolution be made a date certain, with that day being August 12, 2003. If this is done, the Board would have the flexibility of saying here are the two reports, along with the advise of Mr. Carpenter, and it may take six - months or a year to write the ordinances the Board wants to do, or may require more input. Director Adcock stated she was not going to support this resolution because she did not feel people were notified that might be affected. Director Keck stated since there has not been a vote on the motion to amend the resolution to sixty days, he would like to ask Director Hurst to make the resolution date specific as suggested by Director Kumpuris. Director Hurst withdrew her first motion, and amended the resolution to read a moratorium until August 12, 2003. Director Keck seconded the motion. Director Graves stated she could not support the moratorium without a plan of action. Director Hurst stated one of her concerns is that there has been talk of another service provider that is interested in buying property in the downtown area, and in order to avoid another situation such as the Union Rescue Mission, where that non - profit organization makes a large investment that turns into a community battle, would like to see the moratorium acted upon. Director Pugh asked if the moratorium would end on August 12, 2003, and what would happen then. Vice Mayor Hinton stated the Board would then take the recommendations from the task force groups, and determine what policy, if any would be established. A roll call vote was taken on the motion to amend, and recorded as follows: Directors: Pugh, yes, Hurst, yes, Cazort, yes, Keck, yes, Stewart, no, Wyrick, yes, Kumpuris, yes, Graves, no, Adcock, no, Vice Mayor Hinton, yes. The motion carried. The resolution was read as amended. Director Hurst moved for the adoption of the resolution; Director Cazort seconded the motion. By majority voice vote, the resolution was adopted. Directors: Stewart, Graves and Adcock voted no. Director Adcock asked for agencies affected to be notified. Mr. Bruce Moore, City Manager, asked as a point of clarification if every agency that falls under the terminology of this moratorium that is in place, was the essence of the request. Director Adcock stated that every residential or temporary homeless shelter, anyone in fundraising, and anyone that is or might be expanding. Vice Mayor Hinton stated he had a list of the agencies that had been meeting with his group and there is another list they have of about thirty agencies that do treatment, and he would provide that list. Director Cazort stated he felt this may be a problem in that you may know who is currently involved in those businesses in Little Rock, but would have no idea about people who may have never been here before that are looking at that, and didn't know, other than publishing a notice in the paper that says this moratorium has passed, suggested a publication in the newspaper. 8. ORDINANCE - To amend Ordinance No. 18,444. (March 18, 2003) (Deferred to July 15, 2003 9. REPORT - City of Little Rock Board of Directors — No report 10. REPORT - City Manager's Activity Report — No Report Vice Mayor Hinton stated he had received a letter from Mr. Bruce Bennett, who had missed three meetings of the Advertising and Promotions Commission, and was asking for re- instatement. Director Kumpuris moved to approve the re- instatement of Mr. Bennett. Director Cazort seconded the motion. By unanimous voice vote of the Board members present, the re- instatement was approved. Director Cazort made the motion to recess the meeting to July 8, 2003. Director Kumpuris seconded the motion, and by unanimous voice vote of the Board members present, the meeting was recessed, to reconvene on July 8, 2003. ATTEST: ity der A, Nancy Wood APPROVE: J q Daile , Mayor C: MINUTES Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas July 8, 2003 4:00 PM The Board of Directors of the City of Little Rock, Arkansas met in a reconvened session with Vice Mayor Hinton presiding.. The roll was called by City Clerk, Nancy Wood, with the following Directors present: Stewart, Kumpuris, Adcock, Graves, Cazort, Wyrick, and Vice Mayor Hinton. Directors Hurst, Pugh, Keck and Mayor Dailey were absent. The items considered were as follows: DELETION: 1. RESOLUTION — To recognize the location of certain facilities in the River Market Area as being in compliance with the franchise agreement between the City of Little Rock, Arkansas and Entergy Arkansas, Inc.; and for other purposes. Director Cazort made the motion to delete Item 1 from the Reconvened Meeting Agenda. Director Adcock seconded the motion and by unanimous voice vote of the Board members present, the agenda was modified as indicated. 1. RESOLUTION — To recognize the location of certain facilities in the River Market Area as being in compliance with the franchise agreement between the City of Little Rock, Arkansas and Entergy Arkansas, Inc.; and for other purposes. Item 1 was deleted by unanimous voice vote of the Board members present. (See modification). RESOLUTION NO. 11,546 — Of support of the Community of East End, Saline County, Arkansas, in its proposed effort of incorporation. The resolution was read. Mr. Robert Hertzfield, legal counsel for the incorporation, was present to answer questions presented by the Board of Directors. Mr. Hertzfield gave a brief overview of the public hearings being held, the number of residents in favor of the incorporation it would take for the incorporation to be approved, what the boundaries would be, and described the benefits of the incorporation. Director Cazort made the motion to adopt the resolution, Director Kumpuris seconded the motion, and by majority vote, the resolution was passed. A roll call vote was taken and recorded as follows: Directors Cazort, Stewart, Wyrick, Kumpuris, Graves and Vice Mayor Hinton voted in favor of the resolution. Director Adcock voted in opposition. The vote was 6 in favor, one opposed. The resolution was adopted. Director Cazort made a motion, seconded by Director Adcock to adjourn the meeting. By unanimous voice vote of the Board members present, the meeting was adjourned at 4:20 PM. ATTEST: Ci Cler APPROVED: or