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11-18-03Minutes City of Little Rock Board of Directors Meeting November 18, 2003 BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham November 18, 2003 GAII0-96A The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Pugh, Vice Mayor Hinton, Adcock, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey. Director Keck and Kumpuris absent. Mayor Dailey gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. Director Adcock, seconded by Director Cazort made the motion to make the modifications to the agenda. Director Cazort made a motion seconded by Director Adcock, to add putting Item M -2 in the Consent Agenda and Item 22 to Grouped Items. By unanimous voice vote of the Board embers present, the modifications were made as listed. ADDITIONS: M -1. PRESENTATION - Mr. Nash Abrams and Mr. Tim Heiple - City Beautiful Landscape Awards. M -2. APPROVAL - Of the Certification of Election Results of the Special Election held in the City of Little Rock on November 4, 2003 for the purpose of submitting to electors of the City the questions of issuing bonds for various capital improvements. DEFERRALS: PRESENTATION - Watershed — Certificates of Recognition (Deferred to December 2, 2003) 23. RESOLUTION - To authorize the City Manager to execute a contract extension with Health Advantage to provide 2004 health care coverage for City employees. (Defer to November 25, 2003) 24. ORDINANCE - To establish guidelines for Redevelopment and Tax Increment Financing Districts. (Defer to December 2, 2003) 25. RESOLUTION - To authorize projects to be completed from the proceeds and interest of Capital Improvement Bonds, Series, 2003. (Defer to December 2, 2003). 26. RESOLUTION - A & P Tax Amendment. (Defer to November 25, 2003) 27. RESOLUTION - Appointments to Boards and Commissions (Defer Planning Commission Appointments to November 25, 2003) PRESENTATIONS: Watershed — Certificates of Recognition (Deferred to December 2, 2003) see the modifications list.) Interviews - Interviews were conducted with the listed applicants: Planning Commission: Mr. Nick Taylor (Rescheduled from 11- 11 -03) Airport Commission — Kay Arnold, Herbert Broadway, Ellon Cockrill, Robert East, Edward Erxleben, and Harold Evans. CONSENT AGENDA (1 -6) Minutes City of Little Rock Board of Directors Meeting November 18, 2003 1. RESOLUTION NO — 11,626 - G -24 -014 - To set the date of public hearing for December 2, 2003 for the abandonment of a 10 foot wide utility easement located along the common lot line between Lots 200 and 201, Longlea VIII T at 4315 Valley View Drive. 2. RESOLUTION NO. 11,627 - To set the date of public hearing for December 16, 2003 on the proposed Little Rock Wastewater Utility Revenue Notes in the amount of $4,000,000. 3. RESOLUTION NO. 11,628 - To set the date of public hearing for December 16, 2003 on the proposed Little Rock Wastewater Utility Revolving Fund Loan Bond issue in the amount of $23,100,000 for Adams Field Plant improvements. 4. RESOLUTION NO. 11,629 - To set the date of public hearing for December 16, 2003 on the proposed Little Rock Wastewater Utility Revolving Fund Loan Bond issue in the amount of $14,000,000 for Sanitary Sewer system Rehabilitation. 5. RESOLUTION NO. 11,631 - To appoint John Wyrick as a commissioner to Vimy Ridge Water Improvement District #139 of Little Rock to the position previously held by James A. Rogers; and for other purposes. 6. RESOLUTION NO. 11,630 - To authorize the Mayor to issue a letter of support to the Arkansas Development Finance Authority for the Plaza Tower Apartments, located at 6115 Markham Street, for a one hundred thirty -two (132) unit apartment complex; and for other purposes. The consent agenda was read, including Item M -2 (See Modifications) Director Adcock, seconded by Director Hurst moved to adopt the Consent Agenda. Director Wyrick recused on Item 5, stating Mr. John Wyrick was her brother -in -law, all other Board members voted in favor. By majority voice vote of the Board members present, the Consent Agenda was adopted. GROUPED ITEMS: 7 -20 & Item 22. 7. ORDINANCE NO. 18,977 - LU03 -11 -04 — To amend the land use plan (16,222) in the I -430 Planning District from mixed office commercial to service trades district; and for other purposes. (Planning Commission: 10 ayes, 0 noes and 2 absent) Staff recommends approval. - Synopsis: The applicant proposes to amend the land use for this district for future development that will allow support services to other businesses. 8. ORDINANCE NO. 18,978 - Z- 5959 -B - To approve a Planned Zoning Development and establishing a Planned Commercial District titled Ross Sparks Office Development Revised Short -Form PD -C, located at 3204 Old Shackleford Road, 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 ayes, 0 noes, 2 absent, and I recuse) Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PD -C to allow a contractors office and contractors storage facility to locate on the site. 9. ORDINANCE — NO. 18,979 - - 1042 -DD - To grant 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 a reduced platted building line for the Villages of Wellington Phase XI — B Subdivision — Preliminary Plat, located on the northwest corner of Wellington Village Road and Wellington Village Drive. (Planning Commission: 9 ayes, 0 noes and 2 absent) Staff recommends approval. Synopsis: The applicant proposes to divide this 25.7 -acre parcel into 57 single - family lots. The development will require a variance from the Subdivision Ordinance to allow a reduced platted building line adjacent to a collector street. 10. ORDINANCE NO. 18,980 - S- 1042 -EE - To grant 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 a reduced platted building line for the Villages of Wellington Phase XI — A Subdivision — Preliminary Plat, located on the northwest corner of Wellington Village Road and Wellington Village Drive. (Planning Commission: 9 ayes, 0 noes and 2 absent) Staff recommends approval. 2 Minutes City of Little Rock Board of Directors Meeting November 18, 2003 Synopsis: The applicant proposes to divide this 25.7 -acre parcel into 72 single - family lots. The development will require a variance from the Subdivision Ordinance to allow a reduced platted building line and a variance to allow an increased lot depth to width ration. 11. ORDINANCE NO. 18,981 - Z- 2850 -B - To approve a Planned Zoning Development and establishing a Planned Office District titled Tanner Revised Short - form PD -O, located at 216 North McKinley Street, 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: 9 ayes, 0 noes and 2 absent) Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PD -O to allow additional alternative uses to the site. 12. ORDINANCE NO. 18,982 - Z- 3500 -E - To approve a Planned Zoning Development and establishing a Planned Office District titled Pereira Revised Short - form PD -O, located at 212 North McKinley Street, 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: 9 ayes, 0 noes and 2 absent) Staff recommends approval. synopsis: The applicant proposes to revise a previously approved PD -O to allow additional alternative uses to the site. 13. ORDINANCE NO. 18,983 - Z- 4562 -C - To approve a Planned Zoning Development and establishing a Planned Residential District titled Hickory Grove Long -Form PD -R, located on west side of Hinson Road just south of Pebble Beach Woods subdivision 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 ayes, 0 noes and 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from PD -R to Revised PD -R to allow the construction of 53 detached single- family homes. 14. ORDINANCE NO. 18,984 - S- 1135 -D - To grant 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 a reduced platted building line, a variance to allow reduced lot widths, a variance to allow a reduced lot widths for corner lots, a variance to allow an increased lot depth to width ratio and a variance to allow double frontage lots for the Hickory Grove Subdivision — Preliminary Plat, located on the west side of Hinson Road just south of the Pebble Beach Woods Subdivision. (Planning Commission: 9 ayes, 0 noes and 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site to allow the creation of 65 detached single - family lots. The plat will require variances from the Subdivision Ordinance; lots without public street frontage, double frontage lots, reduced front platted building lines, reduced corner lot widths and an increased width to depth ratio. The rezoning request is a separate item on this agenda (File No. Z- 4562 -C). 15. ORDINANCE NO. 18,985 - Z- 6544 -A - To approve a Planned Zoning Development and establishing a Planned Commercial District titled Bowman and Kanis Retail Center Long -Form PCD, located on the northwest corner of Kanis Road and Bowman Road, 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: 9 ayes, 0 noes and 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from C -3, with conditions to PCD to allow the creation of a seven lot plat with Lot 1 to develop as a PCD for USA Drug, Lot 7 to develop with 0-3 listed uses and Lots 2 — 6 to develop with C -3 listed uses. 16. ORDINANCE NO. 18,986 - Z- 6681 -A - To approve a Planned Zoning Development and establishing a Planned Residential District titled Highland Point Apartments Long -Form PD -R, located north of Cantrell Road at the end of Townsend Street, 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: 9 ayes, 0 noes and 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from MF -12 and 0-3 to PD -R to allow the site to develop with a multi - family development resulting in 16 -units per acre. 17. ORDINANCE NO. 18.987 - Z -7496 - To approve a Planned Zoning Development and establishing a Planned Commercial District titled Lock and Load Business Center Long -Form PCD, located on the west side of Stagecoach Road in the 10000 Block, 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: 9 ayes, 0 noes and 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R- 2, Single - family to PCD to allow the creation of a two -lot plat with Lot 1 developing with a strip retail development and Lot 2 developing with a mini - warehouse development. Minutes City of Little Rock Board of Directors Meeting November 18, 2003 18. ORDINANCE NO. 18,988 - S -1410 - To grant 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 the development of a lot without public street frontage for the Lock and Load Business Center - Preliminary Plat, located on the 10000 Block of Stagecoach Road, City of Little Rock, Pulaski County, Arkansas. (Planning Commission: 9 ayes, 0 noes and 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2, Single - family to PCD to allow the creation of a two -lot plat. The development will require a variance from the Subdivision Ordinance; the creation of Lot 2 without public street frontage. 19. ORDINANCE NO. 18,989 - Z -7497 - To approve a Planned Zoning Development and establishing a Planned Office District titled Mehaffy Short -Form PD -O, located at 5401 Pinnacle Valley Road, 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: 9 ayes, 0 noes and 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2, Single - family to PD -O to allow veterinarian clinic to locate on the site. 20. ORDINANCE NO. 18,990 - Z -7499 - To approve a Planned Zoning Development and establishing a Planned Commercial District titled Garcia Long Form PD -R, located at 17114 Devin Read Lane, Little Rock, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 9 ayes, 0 noes and 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2, Single - family to PD -R to allow the placement of three (3) single - family homes on the site; one stick built and two manufactured. 22. ORDINANCE — 18,991 - To establish the rate of taxation of property for the City of Little Rock for the year 2004 for various funds of the City of Little Rock, Arkansas, to declare an emergency; and for other purposes. (This item was scheduled to be on a reconvened Meeting of Nov. 11, 2003, but there was not a quorum to conduct the reconvened meeting). The Grouped Items were read the first time. The rules were suspended by two - thirds 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, and by unanimous voice vote of the Board members present, being two - thirds in number the ordinances (Items 7 -20 and Item 22) and the emergency clause in Item 22, passed. Item 21 was the next consideration. 21. PUBLIC HEARING AND RESOLUTION - To rescind the Planning Commission's action denying a revised conditional use permit for the day care center located at 8500 Mize Road (Z- 6742 -A). Planning Commission: 4 yes, 6 no, 1 absent. Staff recommends denial. Synopsis: The owner of the day care center located on the R -2 zoned property is appealing the Planning Commission's denial to allow for the expansion of uses and activities on the site. Mr. Jim Lawson, Director of Planning and Development overviewed the item saying that the property in 1985 came into the City of Little Rock as a nursing home, so it was a non- conforming use. Shortly after coming into the City it was closed as a nursing home. In September of 1999 approval was granted for a Conditional Use Permit for a day care. It was for 150 children, 11 employees, to approve the duplex for the applicant to live in and a day care for up to 6 vans operating for the 150 children, and would be open Monday through Friday, 6 AM to 5:30 in the afternoon. In 2003 as a result of an enforcement action the applicant came back to amend the CUP to include the issues mentioned above and quite a few more issues. The enforcement issue was because the owner had been doing things other than what was approved in the permit. Mr. Lawson stated when it came before the Planning Commission the application was to approve what they had in 1999, to increase the hours to twenty -four hours a day, seven days a week, to have apartments in the building for Ms. Turner and the night watchman, and cook and to have other gatherings for church functions, an adult day care with 50 clients and fifteen employees. Mr. Lawson stated staff was not comfortable with that and when it finally got to the Little Rock Planning Commission, the application was to have what they had in 1999, for the cook and night watchman and their children to be able to live in the building, to increase the number of employees from 11 to 17, to add the addition of Medicare transportation of up to fourteen vans, and for a driveway to be installed on K1 Minutes City of Little Rock Board of Directors Meeting November 18, 2003 Jamison Road. Mr. Lawson stated that was turned down by the Little Rock Planning Commission with a vote of 4 yes and 6 no votes. The applicant is here tonight on an appeal of that decision. Mr. Lawson said staff's recommendation is to include only what they had in 1999. Mayor Dailey opened the public hearing. There was a lengthy discussion regarding this item, which led to the Mayor asking the Planning Staff, citizens of the neighborhood and Ms. Turner, the applicant, to meet to try and work out some of their differences and misunderstandings, and for Ms. Turner to clarify what she was actually applying for in her permit. Some of the issues were that Ms. Turner kept changing her mind as to what she wanted to have included in the permit, the traffic generated by the present conditions the day care operates under, the noise, the enforcement violations filed against the owner for doing things at the site for which she was not approved for the day care, blockage of entrance to a neighborhood trailer park, questions regarding the state requirements for employee to child care ratio, the hours of operation, and issues of neighborhood association membership. Ms. Beulah Turner, Dr. Charles Williams, and Mr. James Reddick, Jamelia Raheim, spoke in favor of the application. A motion was made by Director Stewart, seconded by Director Kumpuris to defer the meeting for two weeks to work out a compromise to what was presented to the Board. Mr. Carpenter, City Attorney stated that if the Board was going to vote to defer the item, then the opposition needed to be heard tonight because of the public hearing. Mayor Dailey asked that the motion be stricken because of the advise of Mr. Carpenter. Mayor Dailey recognized those speaking in opposition to the application: Ms. Mattie Watson, Ms. Pat Gee, Ms. Dorothy Neighbors, Ms. Janet Berry, Ms. Ruth Bell, David Quattlebaum. Director Stewart made the motion to defer the item for two weeks, Director Kumpuris seconded the motion. Director Hinton stated if the meeting was going to take place he would like to have representatives of the legal department, planning staff, and a time and place of the meeting for anyone who wants to attend. Mayor Dailey asked Mr. Bruce Moore, City Manager to coordinate the meeting. By a unanimous voice vote of the Board members present, the item was deferred to December 2, 2003. 23. RESOLUTION NO. To authorize the City Manager to execute a contract extension with Health Advantage to provide 2004 health care coverage for City employees. Synopsis: The City received three formal proposals in response to an RFP for health care coverage for City employees for 2004. Additionally, a packet describing the Municipal Health Benefit Fund (AML) was received. Analysis shows that the best combination of benefits and premium is represented by the proposals submitted by Health Advantage. (Deferred to 11- 25 -03) (See modifications). 24. ORDINANCE -- To establish guidelines for Redevelopment and Tax Increment Financing Districts. . (Deferred to 12 -2 -03) (See modifications). 25. RESOLUTION - To authorize projects to be completed from the proceeds of the Capital Improvement Bonds, Series, 2003. (Deferred to 12 -2 -03) (See modifications). 26. ORDINANCE - -To approve bond underwriters to market bonds. . (Deferred to 11- 25 -03) (See modifications). 27. ORDINANCE - A & P Tax Amendment. . (Deferred to 11- 25 -03) (See modifications). 28. RESOLUTION - Appointments to Various Boards and Commissions. Synopsis: The Airport Commission (l position) and Planning Commission (5 positions) . . (Deferred to 11- 25-03) (See modifications). 29. REPORT - City of Little Rock Board of Directors CITIZENS COMMUNICATIONS Speaker: Dr. Charles Williams Topic: John Barrow Neighborhood Association; neighborhood association groups in general turning into special interest and lobbying groups without Minutes City of Little Rock Board of Directors Meeting November 18, 2003 Dr. Kumpuris stated there is a small group that meets each Thursday, and many things are happening involving the Clinton Library Foundation in preparing to open the Clinton Library, and stated he would like to give updates on what is happening. Mayor Dailey announced that Director Wyrick had asked to be included as a Board representative on the committee that will deal with the accountability structure of the bond issue. Director Pugh stated she would also like to be included. Director Kumpuris stated that he and Mr. Carpenter were still working on the committee content and structure. Vice Mayor Hinton announced that hearings on the Budget are now being held and encouraged citizens to participate. A motion was made by Director Kumpuris to recess the meeting to November 25, 2003; Director Cazort seconded the motion, and by unanimous vice vote of the Board members present, the meeting was recessed. ATTEST: City Clerk Nancy Wood APPROVED: Myr JinYDailey on