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06-15-04Little Rock Board of Directors Meeting June 15, 2004 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham June 15, 2004 6:00 PM 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, Keck, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey, Graves. Director Keck and Director Adcock were absent. Mayor Dailey gave the invocation, which was followed by the Pledge of Allegiance. ADDITIONS: M -1. RESOLUTION 11,769 - To approve reappointment of Blair Allen to the Advertising and Promotion Commission and the reappointments of Robert Chandler, Natalie Ghidotti, Melody Piazza and Bruce Wesson to the Museum of Discovery. M -2. RESOLUTION 11,770 - To set the date of public hearing for July 13, 2004 to amend the City of Little Rock Citizens Participation Plan. Synopsis: As a regulatory requirement, public comment must be solicited prior to amending the City's adopted Citizen Participation Plan, which sets for the process through which citizens are involved in the planning and development of projects funded through the CDBG and HOME programs. Director Adcock seconded by Director Keck made a motion to add modification items M -1 and M -2 to the consent agenda. Mayor Dailey announced that he had received word that the applicant wished to defer Items 13,14, and 15, to July 13, 2004, and asked Director Adcock if this could be included in her motion, Director Keck requested that the PIT Items be read into the record and a staff explanation be presented, and then added to the consent agenda to be included in the motion. By unanimous voice vote of the Board Members present, the modifications were made to the agenda. Mr. Moore, City Manager, asked Dorothy Nayles, Director of Community Programs, to read the organizations and the programs. Ms. Nayles stated there were two organizations to provide summer employment coordination programs. The organizations are: Black Community Developers, and Work Force Investment Board, both of which will be providing coordination, mentoring, and monitoring services for the young people who are engaged in the summer employment programs. The second part of the program is for summer recreation programs, which are programs that will serve young people in social, cultural, recreational programs throughout the community. There are eight program recommended which included, Centers for Youth and Families, Centers for Youth and Families Parent Center, Little Rock Boys and Girls Club — Billy Mitchell, Pennick, Thrasher, Whetstone, Promiseland Camp Positive, Promiseland Little Rock Board of Directors Meeting June 15, 2004 6:00 PM Promise Camp, all of which are summer recreation programs designed to engage young people throughout the summer at least four days a week, usually five. Mayor Dailey introduced Boy Scout Troop 27, Holy Souls School. CONSENT AGENDA (1 -6) 1. MOTION - To approve minutes of regular Board of Directors Meeting: April 6, 2004; April 20, 2004; and May 4, 2004. 2. MOTION - To set the date of public hearing for July 13, 2004 on an appeal of the Little Rock Planning Commission's action in approval of the Revision of the Conditional Use Permit for the Chenal Mini Storage (Z-5 600-C). Planning Commission: 8 yes, 3 no, 0 absent. Staff recommends approval of the CUP. 3. RESOLUTION NO. 11,771 - To authorize the City Manager to enter into a construction contract with Joyner, Ford and Burke in a not to exceed amount of $300,000 for general contracting services for the Riverfront Park connector Road; and for other purposes. (2004 Bond Project). 4. RESOLUTION NO. 11,772 - Authorizing the City Manager to renew towing service contracts for an additional one -year term with each wrecker company that executed a towing service contract with the City of Little Rock in September 2003; and for other purposes. 5. RESOLUTION NO. 11,773 - To authorize the City Manager to enter into a contract with Davidson Electric Company to install standby generators for southwest police, northwest police and the police training academy; and for other purposes. (2004 Bond Project). Synopsis: Authorizes the City Manager to enter into a contract with Davidson Electric to install standby generators for the sum of $143,785. 6. RESOLUTION NO. 11,774 - To authorize the lease of office space by Pearson Lucchi Joint Venture; and for other purposes. Synopsis: The resolution would allow the Little Rock Department of Information Technology to continue leasing office space at 921 West Markham Street. End of ConsentAgenda 7. RESOLUTION NO. 11,775 - To authorize the City Manager to enter into contracts with two organizations to provide summer employment coordination programs for the Little Rock Community; and for other purposes. Synopsis: Enter into two contacts with two organizations to provide summer employment coordination programs for the Little Rock community. Term of contract: June 15, 2004 through September 1, 2004. 8. RESOLUTION NO. 11,776 - To authorize the City Manager to enter into contracts with three organizations to provide summer recreation programs for the Little Rock community; and 2 Little Rock Board of Directors Meeting June 15, 2004 6:00 PM for other purposes. Synopsis: Enter into eight contracts with three organizations to provide eight summer recreation programs for the Little Rock community. Term of contracts: June] 5, 2004 through September 1, 2004. The Consent agenda was read, which included Items 1 -6, Item M -1 and M -2 and Items 7 and 8. Director Adcock made a motion, seconded by Director Hurst to adopt the Consent agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. PLANNING AND DEVELOPMENT GROUPED ITEMS: 9 -12 9. ORDINANCE NO. - 19,123 - S- 1415 -A — 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 the creation of a lot without public street frontage for the Bowman Kanis Retail Center Revised Preliminary Plat located on the northwest corner of Kanis Road and Bowman Road. Planning Commission: I1 yes, 0 no. Staff recommends approval. Synopsis: The applicant proposes a revision to a previously approved preliminary plat. The plat includes the development of a lot without public street frontage. 1.0. PUBLIC HEARING & ORDINANCE NO. 19,124 - Z- 6554 -B — Repealing Ordinance No. 18,985 and planned zoning district titled Bowman Kanis Retail Center Long -form PCD located on the northwest corner of Bowman Road and Kanis Road; and for other purposes. Planning Commission: 11 yes, 0 no, Staff recommends approval. Synopsis: The applicant requests that the existing PCD zoning be revoked and the property revert to its original C -3 with conditions zoning. Mayor Dailey opened the public hearing. Mayor Dailey asked if anyone were present who wished to speak on the item. There were none present in favor or in opposition who wished to speak regarding the ordinance. Mayor Dailey closed the public hearing. 11. ORDINANCE NO. 19,125 - 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. Synopsis: Eighteen residential structures in dilapidated and /or burned condition causing a negative environmental impact on the residential neighborhoods in which they are located. Mayor Dailey announced he had one card from Bruce Tate to speak in favor of this item. Mr. Tate stated he might have marked the card wrong that he wanted to speak in opposition. He said he had received a letter saying this home would be demolished and he had ten days to get his personal belongs out. He said in December he had a fire, and stated the construction - building permit was obtained. On February 11, there was a second fire. He stated that both fires were set. He received a letter from Code Enforcement that he had until March 13, to board the building up, which he said he did. Mr. Tate stated that Mr. Moore and Mayor Dailey were invited by Code Enforcement to tour this building. He said the problem is that there 3 Little Rock Board of Directors Meeting June 15, 2004 6:00 PM are some codes officers that he feels are after him personally. He complained of racial profiling, discrimination, and violation of his civil rights. He said he was a previous housing inspector and was familiar with the codes, but if there is going to be a system it needs to be fair to all the people. He said they as black landlords, and property owners do not receive the same attention that white landlords and property owners in the City of little Rock do. He said is has been in court two years, and heard a lot of cases, and has never seen anyone else recommended for jail. He said he has a caseworker that every time he goes before the judge his only recommendation for him is that he be locked up. Mayor Dailey asked, for clarification if his property was that at Old Glory Court, and asked him if what he was asking for was additional time. Mr. Tate said yes. Mayor Dailey asked Mr. Bruce Moore what his recommendation would be. Mr. Moore stated that Mr. Tate has agreed to sign an avadavat stating work would begin substantially on his property within ninety days, and staff is supportive of that. There is also 4520 Caroline Avenue, Julius Kearney, that staff is supportive of entering into that ninety day agreement. He recommended that those two addresses be kept on this list with the understanding of the ninety - day limit. Mr. Moore addressed Mr. Tate's remarks regarding unequal enforcement. Mr. Moore stated that he receives on a regular basis, complaints from everyone, black white, Hispanic, regarding enforcement activities, and would differ with Mr. Tate on the fact that the City's enforcement strategies are targeted toward any one ethnic group. Mayor Dailey explained that the ninety day extension period is a fairly routine ordinance procedure, in adopting an ordinance that calls for the demolition of the property, but administratively the Manager will allow an extra ninety -days to see if there is substantial activity to move toward improvement of the property. If the owner does not, the ordinance is in effect and staff would move forward with the demolition. Mr. Carpenter announced that there are two properties, 2422 W. 13th Street, and 2223 Bragg Street that need to be deleted from the list included in the ordinance that is before the Board tonight. He explained that there was a change of ownership during the time of notice and as an abundance of caution would re- notify those individuals. Director Cazort, seconded by Director Adcock moved to delete these two locations from the list. By unanimous voice vote of the Board members present, the ordinance was amended to remove the two listed locations from the current list at this time. Director Adcock asked for clarification on what is considered substantial completion. Mr. Andre Bernard, Acting Director of Housing and Neighborhood Programs, stated they had visited with the property owner last Friday, and in reviewing the property looked at interior work, trusses that need replaced in the roof, sheet rock wiring that needs replaced, and said that staff spoke with Mr. Tate and told him if he got building permits, electrical permits, to do that work, and complete that work, then consideration would be taken to hold off on demolition. A lot of the framing work and electrical work has to done within the ninety days. 12. ORDINANCE NO. 19,126 - Amending Chapter 36 Section 36 -203 (g) of the Code of the City of Little Rock, Arkansas to extend the sunset provision an additional five years to July 19, 2009 for portable classroom buildings used by the Little Rock School District. No Commission Action. Staff recommends approval. The grouped items consisting of Items 9 -12 (Item 11 was read as amended) were read the first time. Director Adcock, seconded by Director Hurst, made the motion to suspend the rules and place the ordinances on second and third reading. By unanimous vice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were L, Little Rock Board of Directors Meeting June 15, 2004 6:00 PM read the second and third time. By unanimous voice vote of the Board members present, the ordinances (Items 9 -13) were passed. By unanimous voice vote of the Board members present being two - thirds in number the emergency clause in Item 11 was passed. SEPARATE ITEMS: 13 -16 13. PUBLIC HEARING & ORDINANCE - G -23 -334 - To abandon a portion of the fifty -foot wide Grant Street right -of -way between Lots 7 -10, Block 9 and Lots 7 -10, Block 10, Lincoln Park Addition. Planning Commission: 5 yes, 6 no. Staff recommends approval. Synopsis: Heywood Weedman, Stephen Maxwell and Doug Buxton request to abandon the fifty -foot wide Grant Street right -of -way between Lots 7 -10, Block 9 and Lots 7 -10, Lincoln Park Addition. (Deferred to July 13th) 14. PUBLIC HEARING & ORDINANCE - G -23 -336 — To abandon a portion of Grant Street and a portion of G Street as public right -of -way located in Blocks 9 & 10 of the Lincoln Park Addition. Planning Commission: 11 yes, 0 no. Staff recommends approval. Synopsis: The applicant is requesting the abandonment of a portion of Grant Street and portion of G Street as a public right -of -way located in Blocks 9 and 10 of the Lincoln Park Addition including the abandonment of utility and drainage easements. (Deferred to July 13th) 15. ORDINANCE - Z -7563 — Approving a planned zoning development and establishing a planned office district tiled Rock House Short Form POD located at 715 North University 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: 11 yes, 0 no. Staff recommends approval. Synopsis: The applicant proposes to rezone this site to POD to allow an existing R -5 zoned property to be developed with the construction of a new 18,000 square foot, two story office building. (Deferred to July 13th) 16. ORDINANCE NO. 19,127 - Z -7585 - To approve a planned zoning development and establishing a planned residential district titled River Tower Short -Form PD -R located on the northeast corner of River Bend Road and Riverfront Drive 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, 3 no. Staff recommends approval. Synopsis: The applicant proposes the rezoning of the site from 0-3, General Office District to PD -R to allow the construction of a residential tower containing 38 units. Mr. Tony Bozynski, Planning & Development Director, stated there were no changes since the discussion last week during the agenda session, but would answer any questions. Mr. Bozynski stated he had been down to the area quite a few times to get a better perceptive of the area, and staff believes this is a good project, its compatible with the area, it is not introducing any elements such as density or height of buildings that are not already found in the area. Director Graves asked Mr. Bozynski to review what types of things that could come into this area and not have to go through the Board of Directors. Mr. Bozynski stated that 0-3 is general office classification, and a bank and savings and loan office, a church, a duplication shop, family care facility, laboratory, library or public facility such as that, general or professional offices, photography studio, school, travel bureau, are things that can go in by- right, and then there are also conditional uses, which include multi - family. Director Pugh asked, since there is such 5 Little Rock Board of Directors Meeting June 15,2004 6:00 PM opposition to this plan, if there were alternative sites. Mr. Bozynski stated there are other vacant properties but whether they would work for this particular plan, he could not really address because this is a PDR so in addition to the use of the property, the site or development plan I, City Attorney, stated that this plan is what the property owner has brought before the board, and the fact that it may or may not be a development that would look better or work better elsewhere, is not relevant to the question of whether the land use that is being proposed by the developer to the board is appropriate. Mr. Carpenter advised the Board to be careful to be mindful of this. Director Adcock asked how tall the building could be. Mr. Bozynski stated it could be a maximum of sixty feet, but that setbacks have to be increased, and you get one foot of height for each additional foot of set back, if you don't do that then the height is forty five feet. She asked if the streets would be wide enough for fire apparatus with a building this large. Mr. Bozynski stated the streets are wide enough, and new roads would not have to be constructed. Mayor Dailey asked Mr. Moore if the fire department had looked at this. Mr. Moore answered that they had, and it meets all the fire department requirements. Director Stewart asked if staff had considered doing any kind of shadow study since this was one of the issues of those in opposition. Mr. Bozynski stated that his staff did not have the kind of tools to do that kind of study. He stated that at the Planning Commission meeting, some opponents did present a shadow study that was undertaken by an architect and it does show that obviously there will be some shadowing. Mr. Jim Hathaway, the applicant stated the issue before the Board is whether to approve or disapprove their application to rezone 3.2 acres on Riverfront Drive from 0-3 Office to PDR planned development residential. He stated both the Planning staff and the Planning Commission are recommending this application for approval. He said there is opposition from some but not all of the residents nearby. He stated there is more support than opposition. Mr. Hathaway cited several reasons this project was beneficial including that it would be a classic in -fill project, that it would encourage residential mixed use, the city would benefit from an increased tax base, it is a quality project and complementary to adjacent housing. Mr. Hathaway presented shadow study graphs, using different times of the day and times of year, and the effect of the shadows during these times. Mayor Dailey noted that there might be an alternate project presented tonight by the opposition and asked Mr. Carpenter to help clarify the issue. Mr. Carpenter stated the application before the Board is the one that Mr. Hathaway has presented on behalf of his client and the developer, and the question is do you approve it or do you not. Mr. Carpenter stated the forum has been opened for people to make comments about that particular application and those comments might include and anticipate that they may include what the development could look like, and they are free to do that, but in terms of the land use question before the Board, the question is, does the development that Mr. Hathaway has put forward meet with Planning criteria that would allow this particular project to go forward. It's not a matter of liking another or alternate project better. Mr. Carl Willock, spoke in opposition to the project, saying that several of them that live in Riverbend have been friends and are still friends with some other investors in the proposed project, and hoped the friendships continue, although they do get strained. The Riverbend owners said the first they knew about the proposed project was when there was a notice put up on a tree near the corner of Riverbend and Riverfont Drive. One of the owners called the Planning Commission and found out what was going on, and found that someone was proposing a thirteen -story high -rise building. They found out that there had been a twelve -story building proposed within twenty -five feet of their boundary and forty -five feet from the closest wall of condominiums there in that area. They 0 Little Rock Board of Directors Meeting June 15, 2004 6:00 PM became concerned especially those eight people whom own units closest to that brick wall on the west wall, which would be about forty -five feet, from that building. They met with Mr. Hathaway, and the Planning staff. There was agreement to move it seventy -five feet further away. That put it one hundred and twenty five feet away from the nearest condominium. He stated that when you look at what is compatible and what is harmonious, yes this is harmonious and compatible with Riverdale, but not with Riverbend. Mr. Willock presented a shadow study done by Polk Stanley, architect, which projected what the shadows would look like at different times, and seasons. Ms. Carolyn Johnson spoke in opposition saying that she was concerned about the height and width of the building and the shadows that would be cast by the building, especially in the wintertime. She said the), would be losing a lot of sunshine, cotton wood trees and grass, and was unhappy that something this size was being considered. Mr. David Henry, Henry Development, presented an alternate plan to what was being considered at tonight's meeting. The ordinance was read the first time. Director Keck, seconded by Director Hurst made a motion 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 and the ordinance was read the second time. Director Adcock, seconded by Director Hurst made a motion to suspend the rules and place the ordinance on third and final reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third and final time. A roll call vote was taken and recorded as follows: Directors Hurst, Cazort, Keck, Wyrick, Kumpuris, Graves, Vice Mayor Hinton, Mayor Dailey voted in favor. Directors Pugh, Stewart, Adcock voted in opposition. The ordinance passed. Citizens Communication consisted for the following: Speaker: Glenroy Charles Topic: Zoning Conflict — Barrow Road Director Keck, seconded by Director Hinton made a motion to adjourn. By unanimous voice vote of the Board members present, the meeting adjourned at 7:45 pm. ATTEST: Ci Clerk Nancy Wood APPROVED: 4444A_ Ji ailey, Mayor 7