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07-15-03MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham July 15, 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, &raves, Wyrick, Cazort. Director Hurst, Kumpuris and Mayor Dailey were absent. Director Cazort gave the Invocation, which was followed by the Pledge of Allegiance. Vice Mayor Hinton asked the Board to consider the listed modifications. ADDITIONS: M -1. RESOLUTION NO. 11,546 - Releasing obsolete restrictions in a covenant filed September 16, 1959 regarding certain property in the Mountain Park Addition; and for other purposes. Synopsis: The resolution releases obsolete restrictions and conditions in a covenant for certain property in Mountain Park Addition. M -2. ORDINANCE NO. 18,893 - To abandon an easement for public utility and drainage purposes retained in a north -south alley (Block 4 of Mountain Park Addition) vacated in Little Rock Ordinance 18,219 (February 15, 2000); and for other purposes. Synopsis: This ordinance will abandon an unneeded public utility and drainage easement located in a vacated ally in Block 4 of Mountain Park Addition to the City of Little Rock, Arkansas. M -3. ORDINANCE NO. 18,894 - To dispense with the requirement of competitive bidding and authorize the City Manager to enter into a contract with Pulaski County, Arkansas for Alternative School Services; and for other purposes. Synopsis: The City has contracted with Pulaski County for Alternative School Services for several years. Funds are in the 2003 budget to pay for these services, however a sole source ordinance is required prior to contracting as these services are unique and the City is not competitively bidding them. M -4. RESOLUTION NO. 11,547 - Supplementing Ordinance No. 18,891 for the purpose of establishing the aggregate principal amount, principal maturities, interest rates, and reoffering prices of the City's Hotel and Restaurant Gross Receipts Tax Refunding Bonds, Series 2003; authorizing the Acting Mayor to execute and deliver documents; and prescribing other matters relating thereto. Synopsis: The resolution authorizes the issuance of $3,710,000 in refunding bonds to refund a portion of a 1993 Series Bond issue of the Advertising and Promotion Commission and grants the Acting Mayor the authority to execute documents relating to the issuance of the bonds. M -5. RESOLUTION NO. 11,548 - Authorizing the City Manager to enter into an agreement for the provision of Human Resources Services to the Little Rock Advertising and Promotion Commission, d/b /a/ Little Rock Convention and Visitors Bureau by the City of Little Rock Human Resources Department; and for other purposes. M -6. RESOLUTION NO. 11,549 - To authorize the issuance of a Request for Proposal for Federal Compassion Capital Fund Grant Matching Funds in an amount not top exceed $90,000 and for other purposes. DELETION L a { Y 4A 17. R#�"�6iWI NO,,T'"pthorizqtl$,Maydt-ano-qity Clerk ta,� atpprop�,& docuq�ed (s f�r the itttoll 41, to the „C 6 � rat)Nkkansas Water Commis 1Q and forAber purposes., Syno Ws: tittle Rock Parks I d e�isr-eatioh,received some limp t ..from Littlxe,Rock Water Works below the dam on Highway 300. The property was to bs :used for recreational purposes. Due to homeland security issues, Central Arkansas Water would like the property to be returned. Director Cazort made a motion to add Items M -1, M -4, M -5 and M6 to the Consent Agenda, and Items M -2 and M -3 to the Grouped items. Director Keck seconded the motion, and by unanimous voice vote of the Board members present the modifications were made to the agenda. PROCLAMATION: Declaring July 17, 2003 as Bill Bradshaw Day. Vice mayor Hinton, Director Adcock and Director Graves thanked Mr. Bradshaw for his contributions and accomplishments during his tenure as Director of the Museum of Discovery. CONSENT AGENDA (1 -5) 1. RESOLUTION NO. 11,550 - Awarding a contract to Planit Dirt for sidewalk improvements along Malloy Street. Synopsis: Authorizes the City Manager to execute an agreement with the low bidder, Planit Dirt for sidewalk improvements along Malloy Street from 40`h Street to 36`h Street. 2. RESOLUTION NO. 11,551 - Awarding a contract ETC Construction for streetscaping improvements along Markham Street from Cumberland to Main Street. Synopsis: Authorizes the City Manager to execute an agreement with the low bidder, ETC Construction for streetscaping improvements along the south side of Markham Street from Cumberland Street to Main Street. 3. RESOLUTION NO. 11,552 - Authorizing the Mayor and City Clerk to execute appropriate documents to transfer certain real property to the United States Army Corps of Engineers for flowage easements; and for other purposes. Synopsis: A resolution authorizing the Mayor and City Clerk to execute the appropriate documents to transfer "flowage” easements to the U.S. Corp of Engineers; the easement is alone Jimmerson Creek and River Mountain Parks. 4. RESOLUTION — 11,553 - To authorize a contract with CASCO, to purchase protective clothing (Turn Out Coats and Pants) for uniformed personnel of the Little Rock Fire Department. Synopsis: The Little Rock Fire Department supplies protective coats and pants along with other protective gear for all firefighters. This contract is for coats and pants worn during responses. 5. RESOLUTION NO. 11,554 - To ratify re- appointments of Chuck Cook, Mark Lee, Hugh McDonald, Wilson Moore, Libby Sheard, Jim Womble, and Susan Williams to the Board of Trustees of the Arkansas Arts Center. The Consent Agenda, which consisted of Items 1 -5, and Items M -1, M -4, M -5 and M -6, was read. A motion was made by Director Adcock 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. GROUPED ITEMS: 6. ORDINANCE NO. 18,995 - Z- 6806 -A - Approving a Planned Zoning Development and establishing a Planned Office District titled Pleasant Hill Road - Long -Form POD located at 13701 Pleasant Hill Road, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 9 yes, I no, I absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from PD -1 to POD to allow an engineering company to locate on the site. 7. ORDINANCE NO. 18,996 - Z- 7328 -A — Approving a Revised Planned Zoning Development and establishing a Revised Planned Residential District titled Lot 11 RR Embrasuen, LLC, Revised Short -Form PD -R located on the Northwest corner of Woodlawn and Taylor Streets, in the City of Little Rock, Arkansas, amending the 2 Minutes Little Rock Board of Directors July 15, 2003 6PM purposes. Due to homeland security issues, Central Arkansas Water would like the property to be returned. Director Cazort made a motion to add Items M -1, M -4, M -5 and M6 to the Consent Agenda, and Items M -2 and M -3 to the Grouped items. Director Keck seconded the motion, and by unanimous voice vote of the Board members present the modifications were made to the agenda. PROCLAMATION: Declaring July 17, 2003 as Bill Bradshaw Day. Vice mayor Hinton, Director Adcock and Director Graves thanked Mr. Bradshaw for his contributions and accomplishments during his tenure as Director of the Museum of Discovery. CONSENT AGENDA (1 -5) 1. RESOLUTION NO. 11,550 - Awarding a contract to Planit Dirt for sidewalk improvements along Malloy Street. Synopsis: Authorizes the City Manager to execute an agreement with the low bidder, Planit Dirt for sidewalk improvements along Malloy Street from 40`h Street to 36`h Street. 2. RESOLUTION NO. 11,551 - Awarding a contract ETC Construction for streetscaping improvements along Markham Street from Cumberland to Main Street. Synopsis: Authorizes the City Manager to execute an agreement with the low bidder, ETC Construction for streetscaping improvements along the south side of Markham Street from Cumberland Street to Main Street. 3. RESOLUTION NO. 11,552 - Authorizing the Mayor and City Clerk to execute appropriate documents to transfer certain real property to the United States Army Corps of Engineers for flowage easements; and for other purposes. Synopsis: A resolution authorizing the Mayor and City Clerk to execute the appropriate documents to transfer "flowage" easements to the U.S. Corp of Engineers; the easement is alone Jimmerson Creek and River Mountain Parks. 4. RESOLUTION — 11,553 - To authorize a contract with CASCO, to purchase protective clothing (Turn Out Coats and Pants) for uniformed personnel of the Little Rock Fire Department. Synopsis: The Little Rock Fire Department supplies protective coats and pants along with other protective gear for all firefighters. This contract is for coats and pants worn during responses. 5. RESOLUTION NO. 11,554 - To ratify re- appointments of Chuck Cook, Mark Lee, Hugh McDonald, Wilson Moore, Libby Sheard, Jim Womble, and Susan Williams to the Board of Trustees of the Arkansas Arts Center. The Consent Agenda, which consisted of Items 1 -5, and Items M -1, M -4, M -5 and M -6, was read. A motion was made by Director Adcock 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. GROUPED ITEMS: 6. ORDINANCE NO. 18,995 - Z- 6806 -A - Approving a Planned Zoning Development and establishing a Planned Office District titled Pleasant Hill Road - Long -Form POD located at 13701 Pleasant Hill Road, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 9 yes, I no, 1 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from PD -1 to POD to allow an engineering company to locate on the site. 7. ORDINANCE NO. 18,996 - Z- 7328 -A — Approving a Revised Planned Zoning Development and establishing a Revised Planned Residential District titled Lot 11 RR Embrasuen, LLC, Revised Short -Form PD -R located on the Northwest corner of Woodlawn and Taylor Streets, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved Planned Development to allow the construction of a duplex on Lot 11 RR. 2 Minutes Little Rock Board of Directors July 15, 2003 6PM 8. ORDINANCE NO. 18,997 - Z -7411— Approving a Planned Zoning Development and establishing a Planned Industrial District titled Fletcher Short -Form PD -I located at 21900, 21901 and 21902 Cantrell Road, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 10 yes, Ono, I absent. Staff recommends approval. Synopsis: The applicant proposes to zone the site to PD -1 to allow the storage of dirt and equipment on the site. The applicant is requesting C -3 uses as alternative uses for the existing non - conforming commercial building. 9. ORDINANCE NO. 18,998 - Z- 6120 -G - Approving a Revised Planned Zoning Development and establishing a Revised Planned Residential District titled Capitol Hills Apartments Revised Long -Form PRD located on Capitol Hills Boulevard west of Rushmore Avenue, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 10 yes, 0 no, I absent). Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved Planned Development to allow the creation of a three (3) lot plat. 10. ORDINANCE NO. 18,999 - Z- 4052 -B - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Tropical Plant Galleries Short - Form PCD located at 315 West 12th Street, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 8 yes, 0 no, 1 absent, 2 recused). Staff recommends approval. Synopsis: The applicant proposes to rezone the site from PD -C to PCD to allow multiple uses to locate on the site. The Grouped Items consisting of Items 6 —10 and Items M -2 and M -3 were read the first time. The rules were suspended by a unanimous voice vote of the Board members present, being two - thirds in number. The ordinances were read the second and third times. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinances were passed. SEPARATE ITEMS: Director Cazort asked if there were any speaker cards presented for Items 11 and 12. Vice mayor Hinton answered that he had received cards from citizens to speak on Items 13 and 16. Director Cazort asked for Items 11, 12, 14 and 15 be added to grouped. Director Adcock stated she had a question on Item 15. Director Adcock asked if the Neighborhood Associations were notified. Mr. Jim Lawson, Director of Planning and Development, stated that the Wright Avenue Neighborhood Association was notified, and the Central High Neighborhood Association was notified. Director Adcock asked if he had heard back from either of these associations. Mr. Lawson said he had not. Director Pugh stated she had heard from Ms. Ambrose, and the neighborhoods were in agreement. Director Adcock stated she had no objections to grouping this item. Director Cazort moved to group Items 11, 12, 14 and 15, Director Adcock seconded the motion, and by unanimous voice vote of the Board members present, the four items were grouped. 11. ORDINANCE NO. 18,900 - Granting a five (5) year deferral of Master Street Plan required improvements to Heinke Road and Gina Drive where adjacent to Martin Estate Sub - division — preliminary Plat located at 13,621 Heinke Road, Pulaski County, Arkansas. (Planning Commission: 10 yes, Ono, 1 absent). Staff recommends approval. Ordinance forthcoming. 12. ORDINANCE NO. 18,901 - S -1387 — Granting a Variance from Various Lot Development Standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a variance to allow an increased depth to width ratio for Lot 1, to allow Lot 3 to develop without public street frontage and to allow a reduced front platted building line for Lot 1 of the Martin Estate Subdivision — Preliminary Plat located at 13621 Heinke Road, Pulaski County, Arkansas. (Planning Commission: 10 yes, Ono, I absent. Staff recommends approval. 3 Minutes Little Rock Board of Directors July 15, 2003 6 P Synopsis: The applicant is requesting variances from the Subdivision Ordinance to allow an increased depth to width ratio and a reduced front platted building line from Lot I and a variance to allow Lot 3 to develop without public street frontage located in the Martin Estate Subdivision Preliminary Plat. 14. ORDINANCE NO. 18,902 - Amending Chapters 31 and 36 of the Code of ordinances of the City of Little Rock, Arkansas, providing for modification of Various Procedures, Definitions, and Land use Regulations, and for other purposes. Planning Commission: 8 yes, 0 no, 3 absent. Staff recommends approval. I" reading held on May 6, 2003, second reading held on May 13, 2003. Synopsis: The Planning Commission forwards to the Board of Directors the 2002 -2003 Zoning and Subdivision Ordinance Amendment Package. Note: Accessory building regulations are excluded; the Little Rock Board of Directors will consider this regulation at a future Board of Directors Meeting. 15. ORDINANCE NO. 18,903 - Z- 6639 -A - Repealing Ordinance No. 18,077 revoking a Planned Zoning District titled Gyst Auto Shine Short Form PD -C and approving a Planned Zoning Development and establishing a Planned Commercial District titled Gyst Auto Shine Revised Short — Form PD -C located at 2200 Wright Avenue, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PD -C to allow the construction of a single bay, hand wash, car wash facility on the site. Items 11, 12,14, and 14 were 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 ordinances. The ordinances were read the second and third times. By unanimous vice vote of the Board members present, being two - thirds in number, the ordinances passed. 13. ORDINANCE - Z- 6481 -C — Approving a Revised Planned Zoning Development and establishing a Revised Planned Commercial District titled Breshear's Revised Short -Form PD -C located at 600 North Tyler Street, in the City of Little Rock, Arkansas, for a period of six (6) months, amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PD -C to extend the hours of operation. The ordinance was read the first time. Ms. Cindy White, 604 N. Tyler, gave a lengthy presentation in opposition to the extension of the hours for the restaurant. Ms. White stated that they had not been a good neighbor, had had private parties that went on late at night, that the police have been called several times to the location, that they had in the past encouraged patrons to bring their own alcohol to the restaurant. There was noise and liter created by the patronage of the restaurant, and that parking for the restaurant created problems for the neighborhood, that the late night hours do not work. Mr. Lawson, Director of Planning and Development, overviewed the application saying that this site was a grocery store many years ago, that it has been a business use for quite some time. He said it is in the middle of a neighborhood, on a street that does get a lot of traffic. Mr. Lawson stated there have been a lot of problems in the past, and staff had allowed them to stay open for a while. He said it went from a deli to a restaurant, and when staff became aware of the problems the neighborhood was having, it was shut down. He said the restaurant is closed at the present time. Mr. Lawson sated when this appeared before the Planning Commission, the concerns voice here tonight were heard. He said the patrons were bringing liquor there, which would not be allowed. He stated the applicant has agreed to not have music and, what the Planning Commission has done, is instead of saying it's approved or denied, the Planning Commission is asking the City Board to approve this for a six -month period in order to try to have the restaurant again, eliminating the alcohol, and truing to work with the neighborhood. The applicant would have to come back in six months. Mr. Lawson stated the Planning Commission felt this was a good urban use, that all across the United States this is done, where there are restaurants in the neighborhood. He said the bottom line is, if the owner continues to do what he has done in the past, this would not work and staff would not be for it, but what they wanted to do was give this owner one more chance with the specific guidelines of no music, cannot serve anyone past nine o'clock at night, etc., and if it doesn't work then they would recommend this not be approved. Arnold Goodman spoke in favor of the 0 Minutes Little Rock Board of Directors July 15, 2003 6 PM applicant's request to have extended hours for Cafe' Percito, saying he thought the restaurant offered a benefit to the community, that it was high quality, economical restaurant in a residential area that benefited the neighbors and neighborhood. It offered others the opportunity to visit and old established neighborhood, and contributes to the hominess and quaintness of the neighborhood. He said due to traffic patterns, the restaurant could not survive without extended hours. Ms. Suzanne Lumpkin, Attorney for the applicant, on behalf of Caf6' Percito, stated they are requesting a temporary extension of hours, that they would work with the neighbors to arrive at a permanent solution, and if it did not work in a six month period, then it doesn't work, and believed Mr. Stephens deserved a chance. She stated there was a unanimous vote of the Planning Commission to approve the extended hours and under the conditions set forth under Paragraph E, which have already been addressed. There would be no live music on the site that may not be amplified in any form. No alcohol on the site unless an approved liquor license is granted. The management of the restaurant will police the area for trash, and encourage patrons to park in areas that would not intrude upon the single family homes. She stated that Mr. Stephens has borne considerable financial loss since the hours previously approved were rescinded. He operates a nighttime dinner business, and six - thirty is clearly the dinner hour. She stated that Mr. Stephens served free meals to children at Fair Park Elementary School for their scholastic achievement. She stated that he had provided free use of the Caf6 Percito to the Neighborhood Watch Group in which to hold their meetings, and clearly these were acts of good will. She stated they were asking for a chance, and asked the Board to approve provisional extension of the hours. Mr. Stephens was present to answer questions, which included asking if the late night parties would continue, and how would he police the area for trash, and how far around the facility would he monitor for trash, and did he have an understanding with the church or school that would allow his patrons to use their parking lots. Mr. Stephens's response was that there had been no late night parties, and that he would monitor his lot for trash, and he had no formal agreements with the church or school about parking, that the school was public property. There were several Citizens Communications Cards presented to speak in favor of the restaurant who were not present at the meeting when the item came up on the agenda. The speakers were Sandi Formica, who was in favor, but had problems with the hours and parking. Thomas Wallace who was in favor if the parking problem could be addressed. Scott Easterly was present and stated he felt Mr. Stephens should be give the chance to make his business work. Ben Clifford spoke in favor of the restaurant saying it is part of the magic of living in Hillcrest. Kelley Donavan stated she was former employee of Cafe Percito and was a resident of Hillcrest, and most of the patrons lived in the neighborhood, and had heard many times that the residents valued having a restaurant in the neighborhood with a casual and family oriented atmosphere. She stated she was a member of Holy Souls Church that was right down the street form the restaurant, and stated she saw many members as well as the pastor of the Church visit the restaurant. She said she had never seen any of the customers become disruptive or out of control. John Root, stated he was in favor of giving the restaurant the six moth increase in the hours to see if the restaurant would succeed or not. Betty Zimmerman spoke in opposition due to the traffic problems created. She said although her drive had never been blocked, it had been very difficult at times to get in and out, and felt it might be a problem for emergency vehicles to get down the street. She was opposed to the extended hours because of these problems. There was lengthy discussion on the hours of operation, parking accommodations, alcohol permit appeal, and the capacity of the restaurant, and how the business would be monitored if the extension of hours was granted. 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. The ordinance was read the second and third times. A roll call vote was taken and recorded as follows: Directors: Pugh. No, Cazort, yes, Keck no, Stewart, no, - Wyrick, no, Graves, yes, Adcock, no, Vice mayor Hinton, no. The vote was 2 in favor and 6 opposed. The ordinance failed. Directors Hurst and Kumpuris and Mayor Dailey were absent. Ordinance Failed. 16. PUBLIC HEARING & ORDINANCE - To add day care centers to the list of spacing setback requirements for sexually oriented businesses located within the City of Little Rock, Arkansas; and for other purposes. The ordinance was read the first time. Mr. Tom Carpenter, City Attorney suggested to the Board to hold the item on 1St or 2md reading tonight. He stated that since the public hearing is tonight, there would be an Minutes Little Rock Board of Directors July 15, 2003 6 PM overview of the ordinance, and public input. He stated there were three studies, one from Austin, Texas, one form St. Paul Minnesota, and one form Garden Grove, California that the Board has not had a chance to see, and would like the Board to review these before the next meeting in August, so that the record is quite clear that which ever way the Board votes it is clear the most careful consideration was taken on this zoning question. Vice mayor Hinton opened the public hearing. There were a number of citizens present to speak in favor of the ordinance. Mr. Carpenter stated that the Board had brought to staff the concept of whether or not day care centers should be listed as one of the uses from which the seven hundred and fifty foot set back on the City's sexually oriented businesses ordinance should apply. He said there was information brought about a particular location in Little Rock that dealt with a day care center and there were a number of questions that the Board had brought up. One of the questions laws what would be the available space for rent in terms of locations where such a business could be located if day care centers were added. The reason this is important is that it is not permissible for any government to simply strike a particular type of use that is otherwise legal because of what the business is. The questions for the Board in a zoning decision are whether it complies with local zoning ordinances, whether it fits into particular City plans. In the 1980's and 1990's the City went through a very careful process of reviewing studies form other cities, one of which was the Austin study where it was found that sexually oriented business tend to have negative secondary effects upon a community. These negative effects include loss in property values, increases in crime rates in the area. The have show to be other general problems in the areas around the sexually oriented businesses. The U. S. Supreme Court has made it quite clear that City's essentially have one of two choices. The can located all of these businesses in one area, or they can choose to use spacing requirements that are rationally related to the ends the city is trying to meet and space them out. The City of Little Rock has taken the latter approach to space them out. After some careful consideration before, determined that the one thousand foot spacing requirement that was used in some cities would have effectively eliminated any businesses within the city, that a five hundred foot spacing requirement would create certain problems within the city in terms of locations being either to close together or having negative impacts on neighborhoods. Essentially a compromise was reached with a seven hundred and fifty foot spacing requirement. That requirement left approximately five percent, or a little over five percent of the city available for rental or for purchase for sexually oriented businesses to locate. The Eighth Circuit Court of appeals upheld that five percent figure when the city's ordinance was challenged. It has been used essentially as a standard within the Eight Circuit. He stated there is some disagreement across the country as to whether there has to be a particular percentage, but at least right now the Eight Circuit has not retreated form that five percent. The firs thing that was done when the question of adding a day care facility to this particular location occurred, was that staff started looking a the maps to find what this additional classification would do. He said his staff did not think it would be a major impact because most day care facilities tend to be located in residential neighborhoods anyway. Since residential is already one of the existing setback requirements, do no think it will be a problem. He said there was a problem in determining exactly what the wanted to use as day care center. He said there is a definition in Section 36 -3 of the ordinance that deals with youth day care facilities and that is the definition that was used. Using that, they tried to find out what facilities that were located the city that were known. He said they checked with the State of Arkansas for those that were licensed. He stated they got a map, and then discovered that the day care centers that lead to this discussion was not included. He said they went back to find a better definition and group of maps and was able to find one that they felt comfortable with and was as inclusive as possible. Because the City has added some additional territory since it first passed the sexually oriented business ordinance, the few areas that would be negatively impacted or would not be available for rental by sexually oriented business was pretty much a wash with the amount of addition areas that could e available for rental. It is still over five percent that would be available for rental by these facilities. He stated in that since staff felt the City's ordinance, if they added day cares would meet the reasonable alternative avenues of communications tests that tends to be looked at by the courts. The second question they looked at was whether or not the addition of a day care facility would be a legitimate zoning or land use concern, particularly in terms of the adverse secondary effects that go with the zoning question. Mr. Carpenter stated in doing that they found a couple of things. One thing was when the initial ordinance was being considered, there was a time frame when the use of day care was considered a part of that initial ordinance, 0 Minutes Little Rock Board of Directors July 15, 2003 6 PM and why it was taken out, has escaped; no bone seems to know why. He said they also found there are a number of jurisdictions around the country that in their setback requirements, include some things that Little Rock does include and some things Little Rock doesn't include, but they also include daycares. He said they looked a similarly sized cities and found that some use daycares and some do not. He said they found studies that were done by those cities about the adverse secondary effects and those were three studies that the Board would receive after tonight's meeting. He said they found that there are communities throughout the county that believe that this should be the type of business the day care center from which a sexually oriented business is set back. He stated the question before the Board tonight is not whether any individual Board member or any individual member of the public thinks the use of a business to sell or advertise the precuts included in the ordinance or the types of activities included in the ordinance is a good thing. That is not the question. He stated the First Amendment protects this type of business and the Board does not really have any thing to touch that with. The question before the Board tonight is very limited. He said if the Board believes there is a potential for adverse secondary effects for day care facilities if sexually oriented businesses are allowed to locate next door to them, or within the seven hundred and fifty foot set back requirement that is now in place for elementary schools. He said if the answer to that question is yes, based upon the types of studies, the work that has been done in the past, then it would be proper to add that as a category. He stated it does not mean that day care centers can come in and start locating next to sexually oriented businesses and the sexually oriented business would have to move. The Board can set the setback requirement and if someone wishes to locate something in the future next to one of these businesses then there would be a different kind of conflict the ordinance will not address. The question is simply " Do you believe there is a potential for these adverse secondary effects on day care centers if they are located less than the seven hundred and fifty foot set back that the City has for other types of business, and if the answer to that question is yes, then thought the ordinance is appropriate to be passed. Speakers in favor of the ordinance were: Phyllis Day, Dickson Flake, Michael Dearman, Janet Berry, Don Darnell, Pat Dicker, Herb Dickerson, Mattie Watson, Nan Howard, Carol Haskins, Pat Gee. These citizens cited reasons such as protection of the children, worry that pedophiles would be attracted to the areas; the crime activity increases where these businesses are located. Ms. Gee presented the Board with a petition signed by 455 citizens who support the set back. Mr. Lee Sobba, operator of the sexually oriented business located in close proximity to a day care, spoke in opposition to the ordinance. Mr. Sobba stated this is a First Amendment issue and if the ordinance is passed and it is made retroactive to include them, they would "fight the city, tooth and nail" He presented photos of his business, saying they have a sixteen monitor TV screen system in place where they can monitor in inside and outside of the building. Director Keck made a motion to suspend the rules and place the ordinance on second reading. Director Cazort seconded the motion and 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 ordinance was read the second time. Director Adcock moved to suspend the rules and place the ordnance on third and final reading; Director Pugh seconded the motion. Director Adcock then withdrew her motion to hold the ordinance on second reading until August 4, 2003. 17. RESOLUTION - To authorize the Mayor and City Clerk to execute appropriate documents for the return of land to the Central Arkansas Water Commission; and for other purposes. Item was deleted from agenda. Synopsis: Little Rock Parks and Recreation received some property from Little Rock Water Works below the dam on Highway 300. The property was to be used for recreational purposes. Due to homeland security issues, Central Arkansas Water would like the property to be returned. Director Keck made a motion to take a break; Director Adcock seconded the motion, and by unanimous vice vote of the Board members present, the meeting recessed at 8:15 PM. The meeting was called back to order at 8:35 PM. The next item for consideration was Item 18. 18. ORDINANCE NO. - Condemning certain structures in the City of Little Rock as structural, Fire and Health Hazards; providing for summary abatement procedures; directing the City Attorney to take such action as is necessary to raze and remove said structures; declaring an emergency; and for other purposes. 7 Minutes Little Rock Board of Directors July 15, 2003 6 P Synopsis: Nineteen residential structures in a dilapidated and burned condition are causing a negative environmental impact on the residential neighborhoods in which they relocated. The ordinance was read the first time. Erma Hendrix spoke to the Board asking that the home at 2820 Dr. Martin Luther King Drive not be demolished, that the Rose of Sharon Baptist church is interested in buying the property for a Youth Center. Annie Abrams asked the Board to look at maps and regulations to determine whether at least three of the houses on the demolition list are of historic significance. She told the Board she was worried that the Central High School neighborhood's designation as a historic district could be revoked if demolishing the houses means the area no longer meets the requirement at 51 percent of the structures have historic value. Ms. Hendrix and Ms. Abrams asked the Board to delay action in demolishing the structures mentioned. There was brief discussion in regards to holding these four structures off the list for the present time, and discussion regarding moving the four structures to the bottom of the list in order to have time to do the historic research and to possibly locate the owner of the property at 2820 Dr. Martin Luther King, Jr. Drive. Director Stewart seconded the motion and by unanimous voice vote of the Board members present the ordinance was deferred for three weeks, to August 4, 2003. 19. ORDINANCE NO. 18,904 - Amending Chapter 20 of Little Rock, Arkansas Revised Code (1988) concerning nuisances, and for other purposes. The ordinance was read the first time. The rules were suspended by two - thirds vote of the Board members present, being tow - 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 passed. 20. RESOLUTION NO. 11,555 - To allow participants of the City of Little Rock Fire Pension Fund to defer receiving payment on the participant's DROP account and to receive interest on the account in accordance with state law and rules established by the Fire pension Fund Board of Trustees. Synopsis: The resolution allows the City of Little Rock Fire Pension Board to establish investment rates for DROP funds left in the Fire Pension Fund after the initial five -year DROP period as authorized by Act 1371 of 2003. The ordinance was read the first time. The rules were suspended by two - thirds vote of the Board members present, being tow - 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 passed. 21. REPORT - City of Little Rock Board of Directors — 22. REPORT - City Manager's Activity Report - Mr. Bruce Moore, City Manager reminded the Board and the public that the Board would not be in session next Tuesday, July 22"d, that the Agenda Meeting would be held on July 29th, and the Board Meeting would be on Monday, August 4th at 6:00 PM, due to National Night Out being held in the neighborhoods on Tuesday, August 5th CITIZENS COMMUNICATIONS Speaker: Robert Say McIntosh Topic: Neighborhood problems, and cleaning up the neighborhoods Speaker: Ruth Bell Topic: Special Election - Infrastructure needs tax. Speaker: John Bracey Topic: Basketball Goal Removal A motion was made by Director Cazort to adjourn the meeting; Director Keck seconded the motion and by unanimous voice vote of the Board members present, the meeting adjourned at 9:15 PM. Minutes Little Rock Board of Directors July 15, 2003 6PM ATTEST: APPROVED: 7Z, �< � 4: �, � ity he k