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01-06-09Little Rock Board of Directors Meetin January 6, 2009 6. 00 p g Minutes M The Board of Directors of the City of Little Stodola presiding Rock by Director g of Wood � Arkansas Adcock. The folio '. City called the roll; f 1l wed regular Session with Cazort, Keck, Wright, g Directors present: Mayor IV wing Kum Hendrix Richard the invocation delivered puns, Adcock, Fortson, and Ma or S son' Vice Mayor Hurst, The first meeting of 2009 was called to order. Mayor Stodola. During the organizational meeting Director Richardson to ratify a motion was made General Election held the Abstract of Votes for heDlrector Cazort, seconded by Members present, being 4, 2008 and b t3' Board of Directors of the g �'o- thirds in number, the motion carried. e vote of the Board 1• RATIFY Notation of Record 2. OATHS OF OFFICE Jukes. Alice Lightle Vic Fleming Mark Leverett Little Rock Board of Directors: Ward 4 Brad Cazort Position 8 Dean Kumpuris Position 9 Gene Fortson Position 10 Joan Adcock Abstract of Votes for the City Directors of the General Election held November 4, 2008. The Oaths of Office for the four (4) Little Rock Board of Directors and three (3) Judges administered on January l Office shall be filed in the Office of the City Clerk. A motion was made by Director Richardson, seconded by Director Cazort to accept the Oaths Of Office which are to be retained in the City Clerk's Office. By unanimous voice vote of the Board Members present, being two- thirds in number, the motion carried. 3. EXECUTIVE SESSION: Election of the Vice Mayor A motion was made by Director Keck, seconded by Director Cazort to recess the meeting to go into executive session for the election of the Vice Mayor. By unanimous voice vote of the Board Members present, being two in number, the meeting recessed at 6:20 PM. Mayor Stodola called the meeting back in session at 6:55 PM to reconvene the meeting. Mayor Little Rock Board of Directors Meeting Minutes January 6, 2009 6:00 PM Stodola announced that Director Gene Fortson had been selected to become the Vice Mayor. A motion was made by Director Adcock, seconded by Director Richardson to accept the nomination of Gene Fortson as Vice Mayor. By unanimous voice vote of the Board Members present, being two- thirds in number, the motion carried. Mayor Stodola asked the Board to consider the following modifications to the Agenda. DEFERRALS 10. ORDINANCE - Defer to February 17, 2008 at applicant's request - Z -7605 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Chenonceau Commercial District Lots 1 and 2 Short -Form PCD; located on the southeast corner of Cantrell Road and Chenonceau Boulevard, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes, 2 nays, 2 absent. Staff recommends approval. (Deferred from December 2, 2008). Synopsis: The applicant is requesting a rezoning of the site from C -3, General Commercial District to PCD to allow the development of the site with lots less than two (2) -acre minimum, established by the Highway 10 Overlay Standard. 14. PUBLIC HEARING & ORDINANCE - The Public Hearing was set for February 17, 2008 at the Dec. 22, 2008 Board Meeting. Posted to the January 6, 2009 Agenda in error. - Z -8385 Approving a Planned Residential District titled 2105 South Taylor Street Short-Form PD -R located at 2105 South Taylor Street, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 0 ayes, 9 nays, 0 absent, I recusal, and 1 open position. Staff recommends denial. Synopsis: The request is an appeal of the Planning Commission's recommendation of denial of a rezoning of this site from R -3 to Single- Family to PD -R to allow three (3) residential units on the site. 13. PUBLIC HEARING & RESOLUTION - Defer from tonight's agenda; the appeal appears to be untimely and legal is looking into the matter. Z -8379 — Rescinding the Planning Commission's action in denying a Special Use Permit to allow a bed and breakfast at 22021 Denny Road. Planning Commission: 3 ayes, 7 nays, I absent. Staff recommends approval. Deferred from December 16, 2008. Synopsis: Robert Trammell is appealing the Planning Commission's action in denying a Special Use Permit to allow a bed and breakfast on the R -2 zoning property at 22021 Denny Road. WITHDRAWAL 12. PUBLIC HEARING & ORDINANCE - Withdrawal by Applicant - Z- 7603 -E — To appeal the Planning Commission's recommendation of denial for an amendment to the previously approved PCD to allow the placement of an individual tenant sign on Lot 1 Cantrell Falls PCD. Planning Commission 3 ayes, 4 nays, 3 absent, I abstention. Staff recommends denial. Deferred from December 16, 2008. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for an amendment to the previously approved PCD to allow the placement of an individual tenant sign on Lot 1 Cantrell Falls PCD. Directors made individual motions and seconds for each of the items listed on the modification and by unanimous voice vote of the Board Members present; being two - thirds in number the modifications were made to the Agenda as listed. 2 Little Rock Board of Directors Meeting Minutes January 6, 2009 6:00 PM CONSENT AGENDA (Items 1 -7) 1. MOTION - To approve minutes of the Little Rock Board of Directors Meeting of November 18, 2008. 2. MOTION - Z -8404 - To set the date of public hearing for January 20, 2009, on an appeal of the Planning Commission's recommendation of denial of rezoning of property located at 2629 Kavanaugh Boulevard. Planning Commission: I aye, 9 nays, 0 absent, I open position. Staff recommends approval. Synopsis: The request is an appeal of the Planning Commission's recommendation of denial of a rezoning of this site from C -3, General Commercial District to PCD to allow the addition of an outdoor play area for pets as an allowable activity behind the existing building. 3. RESOLUTION NO. 12,810- To authorize the City Manager to approve issuance of a purchase order to Carrier Corporation, for the purchase of two (2), seventy(70) -ton chillers for City Hall, for the amount of $76,272; and for other purposes. Staff recommends approval. Synopsis: This equipment is to replace the exterior part of the HVAC system that cools City Hall, which was installed in 1986. 4. RESOLUTION NO. 12,811 - To authorize the Mayor and City Clerk to execute documents needed to convey a ten (10)- foot wide strip of former alley lying east of Lots 1, 2 and 3 of Block 116, Original City of Little Rock, Arkansas, to PB Capitol Properties, LLC; and for other purposes. staff recommends approval. Synopsis: The resolution authorizes the Mayor and City Clerk to execute a quitclaim deed and any other documents necessary to transfer a ten (10) -foot strip of former alley east of Lots 1, 2, and 3 of Block 116 of the Original City of Little Rock, Arkansas, to the owner of such abutting lots, PB Capitol Properties, LLC. 5. RESOLUTION NO. 12,812 - To authorize payment of $61,752.74 to the Arkansas Highway and Transportation Department for the City contribution to Phase I of the Interstate 430 and Interstate 630 Interchange Modification Project. Staff recommends approval. Synopsis: Authorizes the City Manager to provide payment to the Arkansas Highway and Transportation Department for the City contribution to Phase I of the Interstate 430 and Interstate 630 Interchange Modification Project. AHM Bid Number 061198. 6. RESOLUTION NO. 12,813 - To authorize the City Manager to authorize an Annual Purchase Order to Landers Toyota of Little Rock, Arkansas for a one (1) year contract with two (2), one (1)- year extensions available; and to authorize Capps Rent A Car, Inc., of Dallas, Texas, as the secondary vendor. Staff recommends approval. Synopsis: The Police Department is requesting approval to award an Annual Purchase Order to Landers Toyota of Little Rock, Arkansas, as the prime undercover lease vehicle vendor and Capps Rent A Car, Inc., of Dallas, Texas as the secondary vendor. This will be a one (1) year contract with two (2), one (1) -year extensions available. 7. RESOLUTION NO. 12,814 - Awarding an engineering contract to USI Consulting Engineers, Inc., for certification of the 3e Street/Boyle Park Levee for the FEMA National Flood Insurance Program. Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with USI Consulting Engineers, Inc., for engineering services to conduct an evaluation of the 36th Street /Boyle Park Levee for the FEMA National Flood Insurance program certification. The Consent Agenda consisting of Items 1 -7 were read. A motion was made by Director Adcock, seconded by Director Keck to adopt the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was adopted. 3 Little Rock Board of Directors Meeting Minutes January 6, 2009 6:00 PM CITIZENS COMMUNICATIONS — There was no one present to speak at Citizens Communication. 8. ORDINANCE NO. 20,079 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements for Mabelvale Pike. Staff recommends approval. Synopsis: Authorizes a deferral of construction of approximately 250 feet of five (5) feet sidewalk along Mabelvale Pike as required under the Master Street Plan for five (5) years or until adjacent property is developed whichever occurs first for the 5401 South University Building located at 5401 South University Avenue. The ordinance was read the first time. A motion was made by Director Adcock, seconded by Director Cazort to suspend the rules and place the ordinance on second reading. 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. A motion was made by Director Adcock, seconded by Director Cazort to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, being two - thirds in number, the rules were suspended to provide for the third reading. The ordinance was read the third time. By unanimous voice vote of the Board Members present, being two- thirds in number, the ordinance was passed. 9. ORDINANCE — NO. 20,062 - Z-8367 — Approving a Planned Zoning Development and establishing a Planned Office District titled BCD Empowerment Center Short -Form POD, located at 3604 West 12th Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes, 4 nays, 0 absent, I open position. Staff recommends denial. First Reading held on December 2, 2008. Synopsis: The request is a rezoning of the site from R -3, Single - Family and R -4, Two - Family to POD to allow the multi -phased construction of a new residential treatment facility to serve twenty -four (24) males and twenty -four (24) females along with the associated ancillary facilities and office space. Mayor Stodola asked for the second reading of the ordinance. The ordinance was read the second time. Director Cazort made the motion, seconded by Director Richardson, to suspend the rules and place the ordinance on third reading. By voice vote the motion carried. Directors Hendrix, Richardson, Vice Mayor Hurst, Cazort, Keck, Wright, Wyrick, Kumpuris, and Fortson, voted in favor of suspending the rules, Director Adcock voted in opposition. The motion carried and the ordinance was read the third time. Mayor Stodola asked that since extensive dialog had been heard regarding the land use issue, if the Board would consider limiting the time to fifteen minutes per side. Director Richardson made the motion seconded by Director Cazort. Directors Hendrix, Richardson, Vice Mayor Hurst, Cazort, Keck, Wright, Wyrick, Kumpuris, and Fortson, voted in favor of limiting the time per side, Director Adcock voted in opposition. The motion carried. Director Adcock had some questions regarding parking in the residential area, and where overflow parking would be for the group meetings. Mr. Bozynski, Planning Director answered that the site would have forty-four spaces and then on 1 lffi Street there is an additional 6 or seven spaces, bringing the total to approximately fifty -one spaces, and he did feel this would be an impact on the residential neighborhood. Director Wright stated that she was not present when the discussion on this item took 11 Little Rock Board of Directors Meeting Minutes January 6, 2009 6:00 PM place and wanted to know how many police calls had been made to this area. Director Wright asked about the list of police reports that the Board had received in pony for this location; and wanted to know the type of calls, why so many to this facility and if there will be security for the residents, and would there be a fence. Director Richardson said when he received the list; he took it upon himself to verify the type of calls with the police department. He said that of the twenty seen calls, only eight reports had been filed, and there were no violent crimes listed, and this was over an eleven month period. Mr. Paul Kelly, former Little Rock Board member, stated that substance abuse of family in Arkansas is a disease that leads to a wide variety of social problems, child welfare, violence, economic problems; jobs are lost, because of the abuse. Research proves that treatment works, and that BCD has proven that it works. He said there are long lists of people waiting for treatment, and asked the Board to vote in favor of this facility. He said this will be an asset to the community and will promote common good. Director Adcock said she had fears about the children in the neighborhood that might have a parent in the facility, and the exposure risk this presented to the children. Director Hendrix stated that the issue does not have to do with treatment; it has to do with location. Elsie Atkins, stated she lives across the street from this location, and is raising two granddaughters and has a ninety -six year old father living there, and she had concerns over this being a two story building where residents can see everything they do at her home, and there are eight facility like this, in the community, and twenty -eight within five miles of her home. She said some of the children catch a bus at 6:30 in the morning, and her fear was for the children. Director Richardson asked Ms. Atkins, if she was suggesting there are twenty -eight licensed facilities such as this in the City. She stated they are within five miles of her home. She did not want this to be a rehab drop off center. Dr. Kate Stewart, faculty representative from DAMS, expressed her support for the facility and stated that she deeply valued the role they have played as partners. Nancy Robinson, opposed saying that parking is a concern. The residents would have to accommodate parking for extra people coming to the facility. It will make the neighborhood uncomfortable, and if the people have another place to go, they need to think about looking at that. There are schools in the area, and who knows if one of these residents might have a mindset of a child molester. She asked why the applicant would bring in people who are residents of the facility or support, of course they would support it, and had issues with that. Charles Carlos was in favor of the facility. He said he did not believe they would let anyone hurt children in the neighborhood. Ruth Bell, League of Women Voters, opposed because of negative impact in the neighborhood, and the scale was massive compared to the housing there. There are a large number of these types of facilities in the general area. Birdie Bell, said she has lived in this community since 1958 and thinks this would be a good idea, would empower the whole community. She said she came though Hoover treatment center, having drug issues, and was able to learn things to do so that she would not have to go back to that lifestyle. She did not think BCD would be a hindrance of any kind to the community. Debbie Strickland, Director of Florence Crittenden Home. She met with BCD and expressed concerns. She said they have agreed to not put windows on the IIth Street side. They agreed to change plans and not put windows there, but if approved, there is no proof they have to do that. He believed this will be a security issue. It is already congested getting into their gate, and with more traffic it will make it really congested, and this would cause a problem. She met with BCD regarding working with them, and they asked whether she could tell them if they had a child there, and if so they would not take the parent. She said under HIPPA laws she would not give them that information. Clifton Killingworth, was opposed to building the adult rehab center in their neighborhood. He asked why are they always put in black neighborhoods? Why not take over the VA Hospital? He said this seemed like a done deal, if the property is already purchased. He said lived there since 1969, and it is 5 Little Rock Board of Directors Meeting Minutes January 6, 2009 6:00 PM ninety -eight percent black and was not fighting against the program, but against where they want to build. Why not build it on Chenal where Riverside Motors was, or put it on Roosevelt Road. He stated they need a nice peaceful neighborhood. Let the people on dope have another facility they can go to. Georgene Allen, said the neighborhood is already run down. There will be programs to help the neighborhood, and felt the neighbors' need to stand behind BCD and give them support. She said if something is coming to the neighborhood to help, why not support them. She stated they need to clean their own neighborhood up. Ted Atkins, stated he was opposed, and totally against this development. His children were his major concern and he asked who is to say someone does not slip, and when they slip they slip harder than before; not saying BCD should not build one, but felt this is not the right location. He stated the streets are narrow, and there is only room for two cars. He asked if the street will be widened or will the additional traffic block the street. He felt that kids come before rehab centers. Representing the applicant, Barry Williams, developer for the project, said the residents are not allowed to have cars, but to address the parking issue, the center will have additional parking at Wills House, and they would widen their half of 1 lth Street. He said the architects have agreed to have no windows on the north end of building. Mr. Williams stated this is a relocation project. Ms. Debra Bell, Director of Programs for BC, indicated that the dormitory is a one story building, and the main administrative office is a two story building. She stated for twenty -eight years, the Hoover Center has been a good neighbor to the mid -town community. She stated that they are closely regulated by the state and are prohibited by the state from being a nuisance in the community. If a client is noncompliant they work to move them to another facility. Director Keck asked the applicants if they had agreed as part of the planned development, those windows would not be placed on the side of the Florence Crittenden Home, and that it is on the record. Ms. Bell stated they had agreed to that. He also asked, as some were concerned regarding the children being attacked or molested as a result of someone being at the rehab center, and asked what type of background information the residents at the facility have. Ms. Bell stated that they would not take sexual offenders at this facility. Reverend Robinson, the applicant, addressed the issue of where the kids catch the bus, and said there are four vacant building, and they plan to purchase all four of the properties so they won't be abandoned, they need a pleasant entry to the facility. They have been involved in the development of the 12th Street corridor. Mr. Bruce Moore, City Manager, stated, regarding Director Keck's request, that he thought the Board had in the past, accepted an amendment to the application. Director Keck made the motion to amend the application so that there would be no windows on the 11th Street side of the facility on the side of the Florence Crittenden Home, Director Richardson seconded the motion. This would be a part of the application. Director Kumpuris offered a second amendment that the dormitory would be one story and would be 5000 square feet. By unanimous voice vote the motion was passed. Dr. Keck stated he wanted to make sure of the type of background of these who come to the facility would have. Ms. Bell stated hey do not take sex offenders. Director Adcock asked about parking for the evening programs; saying she understood that there could be up to one hundred participants, and also asked if residents could have visitors on Sundays. Director Adcock asked if there would be adequate parking for all these programs. Ms. Debra Bell said some of the youth programs will remain at Hoover. Reverend Robinson said they planned to purchase more properties to expand the parking. He stated they had done long range and comprehensive planning. He said they are not fighting the City; they are encouraging and enhancing the community. Director Adcock asked about all the land purchases, and was concerned how much land would have to be purchased for parking lots. Mr. Moore said it is his intention that the Mid -Town Mixed Use Center and the Hinton Center would have adequate parking. Mayor Stodola asked if they were moving only two blocks from the current facility. Director Hendrix 10 Little Rock Board of Directors Meeting Minutes January 6, 2009 6:00 PM asked why there were so many police calls to the area. Ms. Bell said it was a mix of calls, if MEMS is called it generates a report, so she was not sure they types of calls. It could be an accident being reported. Director Hendrix said she had talked to people further down the street, if this fails here, and asked if they would be interested in locating there. Ms. Bell stated they would like to wait and see what happens here. Director Kumpuris asked, if In order to get this started, the City would have to have an assurance that this would not be done piecemeal. Ms. Bozynski said they would submit construction drawings and all other site improvements, and that is what would be permitted. Director Kumpuris said he would like to see the minimum amount built. If approved, then they start the first phase. They have to build all site improvements and two dorms. Mr. Bozynski said to get the permit that is what they assure they will have to do. Director Wright said she was not aware that some of the programs would be separated from Hoover Center. Ms. Bell said they are relocated, and would not take sex offenders from anyone. Mr. Carpenter said contacts bar their ability to take people with sex offences, and even if they could they are too close to schools, etc. Mr. Williams stated that their policy would be that all patients will be inside the courtyard. Director Wright asked what if they get a business permit, and they only complete part of phase one and the City is left with an unfinished project. Mr. Carpenter answered that if they are granted the permit and the work is not done in the time allowed and there was no indication the work would be finished the city could declare it a nuisance and raise the property or get some other relief. If raised a lien can be taken and the building is the Cities'. Mr. Moore, City Manager stated that applicants had also been given extension in the past on their building permits. Director Hurst asked Ms. Bell if there are any conflicts in any of the adult programs when moving them from the Hoover facility. Ms. Bell answered no, that the youth programs would remain at Hoover. Director Hurst asked staff how long the applicant would have to request a building permit. Staff s answer was that it is a three year period. Mayor Stodola asked if this is passed what is their time line to remove existing properties. Mr. Williams answered approximately six months. Mayor Stodola asked if some of the new homes would be on the vacant lots. Mr. Williams answered there would be two families relocated. He explained that new homes would be built for them to replace the ones they live in now. There being no other discussion, Mayor Stodola called for a roll call vote. The roll was called and the vote was recorded as follows: Directors Hendrix, no, Richardson, yes, Cazort, yes, Keck, yes, Wright, yes, Wyrick yes, Kumpuris, yes, Hurst, yes, Adcock, no, Vice Mayor Fortson yes. The ordinance was passed. ORDINANCE - Z- 7605 -B — (Item was deferred to February 17, 2009) Establishing a Planned Zoning District tilted Chenonceau Commercial Lots 1 and 2 Short-Form PCD, located on the southeast corners of Cantrell Road and Chenonceau Boulevard; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes, 2 nays, 2 absent. Staff recommends approval. Deferred at the December 9, 2008 Agenda Meeting. Synopsis: The applicant is requesting a rezoning of the site from C -3, General Commercial District to PCD to allow the development of the site with lots less than two (2) acre minimum established by the Highway 10 Overlay Standard. 11. ORDINANCE NO. Condemning real property within the City of Little Rock, Arkansas, on behalf of the Little Rock Advertising and Promotion Commission for the construction of parking facilities critical to the operation of the Statehouse Convention Center; directing the City Attorney to institute condemnation proceedings; declaring and emergency; and for other purposes. Staff recommends approval. 1st Reading held December 22, 2008. (2"d Reading only for January 6, 2009). 7 Little Rock Board of Directors Meeting Minutes January 6,2009 6:00 PM Director Cazort made a motion to recess this meeting until next week (January 13, 2009, to continue discussion on Item l l; Director Hendrix seconded the motion and by unanimous voice vote of the Board member present the motion carried. 12. PUBLIC HEARING & ORDINANCE (Item 12 was withdrawn by the applicant). - Z- 7603 -E — To appeal the Planning Commission's recommendation of denial for an amendment to the previously approved PCD to allow the placement of an individual tenant sign on Lot 1 Cantrell Falls PCD. Planning Commission 3 ayes, 4 nays, 3 absent, I abstention. Staff recommends denial. Deferred from December 16, 2008. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for an amendment to the previously approved PCD to allow the placement of an individual tenant sign on Lot 1 Cantrell Falls PCD. 13. PUBLIC HEARING & RESOLUTION —{Item 13 was deferred to an indefinite date) Z -8379 — Rescinding the Planning Commission's action in denying a Special Use Permit to allow a bed and breakfast at 22021 Denny Road. Planning Commission: 3 ayes, 7 nays, I absent. Staff recommends approval. Deferred from December 16, 2008. Synopsis: Robert Trammell is appealing the Planning Commission's action in denying a Special Use Permit to allow a bed and breakfast on the R -2 zoning property at 22021 Denny Road. 14. PUBLIC HEARING & ORDINANCE —(A new public hearing was set for February 17, 2009) Z -8385 Approving a Planned Residential District titled 2105 South Taylor Street Short-Form PD -R located at 2105 South Taylor Street, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 0 ayes, 9 nays, 0 absent, 1 recusal, and I open position. Staff recommends denial. Synopsis: The request is an appeal of the Planning Commission's recommendation of denial of a rezoning of this site from R -3 to Single - Family to PD -R to allow three (3) residential units on the site. 15. REPORT - City of Little Rock Financial Report — Sara Lenehan, Director of Finance. 16. EXECUTIVE SESSION & RESOLUTION NO. 12,815 - To ratify appointments of M. Gayle Corley and Laveta Wills -Hale and the re- appointment of Jimmie Lou Fisher to the Central Arkansas Library System Board of Trustees. Mayor Stodola asked the Board to ratify the appointments of M. Gayle Corley and Laveta Will -Hale and the reappointment of Jimmie Lou Fisher to the Central Arkansas Library System Board of Trustees. Director Keck made the motion to ratify the appointments and re- appointments; Director Richardson seconded the motion. By unanimous voice vote of the Board Members present, the motion carried. A motion was made by Director Keck, seconded by Director Richardson recess the meeting until January 13, 2009 for the purpose of discussion on Item 11, and the make appointments of Little Rock Board of Directors to serve as liaisons to the various Boards and Commissions for`ie City of Little Rock, Arkansas. ATTEST: O�Z,�Z;w "fli 1'1j1,eZ1_ P a+i Wood, ity Clerk 8 Mark Stodola, Mayor