Loading...
HomeMy WebLinkAbout10-05-04Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham October 5, 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, Stewart, Vice Mayor Hinton, Graves, Keck, Wyrick, Graves and Mayor Dailey. Director Cazort was absent. Vice Mayor Hinton was not present at roll call, but enrolled at 6:05 pm. Mayor Dailey gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications: Additions: M -1. RESOLUTION NO. 11,832 — In support of constructing the Rock Creek Trail with grant assistance from the Arkansas Recreational Trails Fund. M -2. RESOLUTION NO. 11,833 — To approve the purchase of Air Packs for the Little Rock Fire Department to be funded through Federal Terrorism Grant funds; and for other purposes. M -3. RESOLUTION NO. 11,834 — Authorizing the City Manager to execute an offer and acceptance with Tower Investments, LLC, for the sale of the YMCA at 524 South Broadway for $200,000; and for other purposes. M -4. RESOLUTION NO. 11,835 — To authorize the Mayor, City Clerk and City Manager to execute any documents necessary to correct property descriptions in easements conveyed with the River Market Municipal Parking Garage purchase and lease; and for other purposes. Deferral: 36. RESOLUTION — To authorize the City Manager to execute a contract extension with Health Advantage to provide 2005 health care coverage for city employees and for other purposes. (Deferred form 9 -21 -04 for discussion). Deferred to a reconvened meeting on October 12, 2004 at 4: 00 pm. Deletion: The applicant asked for a withdrawal of Item 16. Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM 16. ORDINANCE — Z -6446B — Approving a Planned Zoning Development and establishing a Planned Commercial District tiled Gillum Revised Short Form PD -C located at 14116 Taylor Loop Road, in the City of Little Rock, Arkansas amending the Official Zoning Map of the City of Little Rock; and for other purposes. A motion was made by Director Adcock, seconded by Director Hurst to add Items M -1 — M -4 to the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the modifications were made to the agenda. Director Adcock made a motion, seconded by Director Adcock to defer Item 36 and delete Item 16. By unanimous voice vote of the Board members present, being two - thirds in number, the deferral and deletion was made. CONSENT AGENDA (1 -5) 1. RESOLUTION NO. 11,836 - G -23 -339 - To set the date of public hearing for October 18, 2004 on a petition requesting abandonment of the east 145 feet of the 50 foot wide W. 401h Street right -of -way between Foster and Weldon Streets. Planning Commission: 7 yes, Ono, 4 absent. Staff recommends approval. 2. RESOLUTION NO. 11,837 - To authorize the City Manager to enter into a contract with Scott Construction Equipment for the purchase of one 4WD and 1 2WD backhoes in the amount of $121,993. Staff recommends approval. Synopsis: Three bids were received. Scott Construction Equipment is the lowest responsible bidder meeting minimum specifications. 3. RESOLUTION NO. 11,838 - G -25 -192 — To rename Townsend Street to Highland Drive. Staff recommends approval. Planning Commission: 7 yes, 0 no, 4 absent. Staff recommends approval. 4. RESOLUTION NO. 11,839 - To authorize the City Manager to enter into a contract with Bale Chevrolet for the purchase of four (4) Chevy Tahoe police vehicles in the amount of $109,332.16. 5. RESOLUTION NO. 11,840 - Of the Little Rock Board of Directors supporting Arkansas Constitutional Amendment 2. The Consent Agenda, consisting of Items 1 -5 and Items M -1 — M -4 was read. A motion was made by Director Adcock, seconded by Director Hurst to adopt the consent agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted. CITIZENS COMMUNICATIONS Speaker: Betty Snyder 2 Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM Topic: Invitation to John Barrow Neighborhood Association and Rosedale Optimist, First annual cleanup of West Central Little Rock Sports Complex on Oct. 9th. Concerns regarding the University Mall, and revitalizing the mall. Speaker: Thelma Cole Topic: When would Malloy Street be paved? * Mayor Dailey asked Mr. Moore, City Manager, to have city staff meet with Ms. Cole in regard to her question. The Grouped items consisted of Items: 6- 33 6. ORDINANCE NO. 19,185 - LU04- 20 -01— To amend the Land Use Plan for Pinnacle Planning District at Chenonceau Boulevard, north of Ranch Drive. Planning Commission: 7 yes, 0 no, 4 absent. Staff recommends approval. Synopsis: Land Use Plan amendments in the Pinnacle Planning District from Single Family to Mixed Office Commercial for future development. 7. ORDINANCE NO. 19186 - Z -7684 - Reclassifying property located along the east side of Chenonceau Blvd., north of Cantrell Road from R -2 to 0-1 in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas and for other purposes. Planning Commission: 7 yes, 0 no, 4 absent. Staff recommends approval. Synopsis: The owner of the 1.97 Acre property located along the east side of Chenonceau Blvd. North of Cantrell Road is requesting that the zoning be reclassified from R -2 Single Family to 0-1 Quiet Office District. 8. ORDINANCE NO. 19,187 - Z -7419A - Reclassifying property located at 9304 Mabelvale Pike from R -2 to C -4, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas and for other purposes. Planning Commission: 7 yes, 0 no, 4 absent. Staff recommends approval. Synopsis: The owner of the 0.313 acre property at 9304 Mabelvale Pike is requesting that the zoning be reclassified from R -2 Single Family District to C -4 Open Display District. 9. ORDINANCE NO. 19,188 - Z- 291 1 -A - Reclassifying property located at 3202 Mary Street from I -2 to R -3 in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas and for other purposes. Planning Commission: 7 yes, 0 no, 4 absent. Staff recommends approval. Synopsis: The owner of the 0.55 -acre property at 3202 Mary Street is requesting that the zoning be reclassified from 1 -2 — Light Industrial District from R -3 — Single Family District. 10. ORDINANCE NO. 19,189 - Z -7698 - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Kathy's Long -Form PD -C located at 13810 Colonel Glenn Road in the City of Little Rock, Arkansas, amending the 3 Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning from R -2 to PCD to allow the creation of a three lot plat and to allow an existing beauty salon (Lot 1) and an office use (Lot 2). 11. ORDINANCE 19,190 - S -1459 - 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 variances to allow for the development of pipe stem lot and to allow an increased depth of a pipe stem lot for Kathy's Subdivision Preliminary Plat located at 13810 Colonel Glenn Road. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant is requesting a variance from the Subdivision ordinance to allow the development of a pipe stem lot and to allow an increased depth of the pipe stem lot. 12. ORDINANCE NO. 19,191 - S -1440A - 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 variances to allow for a variance to allow double frontage lots for the Bella Rosa Estates Subdivision Revised Preliminary Plat located on the west side of Bella Rosa Drive; south of Snyder Creek. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes a variance from the Subdivision Ordinance to allow double frontage lots for Lots 12 and 13 of the Bella Rosa Revised Preliminary Plat. 13. ORDINANCE NO. 19,192 - S- 1042HH - 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 a reduced building line, variance to allow a reduced building line adjacent to a collector street and a variance to allow a reduced building line adjacent to a residential street for The Villages of Wellington Phase XII Revised Preliminary Plat Subdivision Preliminary Plat located on the southwest corner of Wellington Village Road and Bristol Court. Planning Commission: 9 yes, Ono, 2 absent. Staff recommends approval. Synopsis: The applicant is requesting variances for selected lots within the Villages of Wellington Phase X11 preliminary plat. 14. ORDINANCE NO. 19,193 - Z- 6323 -J - Approving a Planned Zoning Development and establishing a Planned Commercial District titled The Village at Rahling Road Revised Long -Form PCD — Lot 11 located on the southeast corner of Rahling Road and Chenal Parkway, 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, 0 no, 2 absent. Staff recommends' Approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow Lot 11 to develop with a 16,221 square foot office /retail building. 15. ORDINANCE NO. 19,194 - Z -5718B - Approving a Planned Zoning Development and establishing a Planned Industrial District titled West Tree Service Revised Long - Form PD -I located at 6300 Forbing 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, 0 no, 2 absent. Staff recommends approval. Synopsis: The 4 Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM applicant proposes to revise a previously approved PDl to allow existing building to be expanded, which will be used as office space, storage and a maintenance shop. 16. ORDINANCE (Deleted from Agenda at applicants request.) Z -6446B - Approving a Planned Zoning Development and establishing a Planned Zoning Development and establishing a Planned Commercial District titled Gillum Revised Short -Form PD -C located at 14116 Taylor Loop 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, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PD -C to allow the development of the site as a two family residence and a photography studio. 17. ORDINANCE NO. 19,195 - Z- 6532 -B - Approving a Planned Zoning Development and establishing a Planned Zoning Development and establishing a Planned Residential District titled Arkansas Teachers Retirement Revised Long -Form PRD located on the northeast corner of Rahling Road and Chenal Valley 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: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PRD to allow the creation of an eight lot plat and the development of a retirement village facility on individual lots rather than under a single ownership. 18. ORDINANCE NO. 19,196 - Z -6881B - Approving a Planned Zoning Development and establishing a Planned Zoning Development and establishing a Planned Commercial District titled McKinstry- Threet Revised Short -Form PCD located on the northwest corner of Cantrell Road and Townsend 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: 9 yes, Ono, 2 absent. Staff recommends approval. Synopsis: The applicant is requesting an amendment to the originally approved PCD to modify the rear and side yard setbacks for proposed Lots 2 and 3 of the Candlewood East Subdivision. 19. ORDINANCE NO. 19,197 - Z -6886A - Approving a Planned Zoning Development and establishing a Planned Zoning Development and establishing a Planned Office District titled Church at Rock Creek Revised Long -Form POD located on the north side of West 36th Street between Bowman Road and I -430, 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, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant is requesting an amendment to the previously approved POD, to allow a more accurate reflection of their new master plan. The plan includes anew sanctuary totaling 85,000 square feet and a seating capacity of 2,500 along with associated parking. The plan also includes the placement of service support facilities to serve the needs of the Church ministries. 20. ORDINANCE NO. 19,198 - Z -7433A - Approving a Planned Zoning Development and establishing a Planned Zoning Development and establishing Planned Office District titled Malstrome Revised Short -Form POD located on the northwest corner of Kanis Road and Autumn 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 5 Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved POD to allow the development of the site with two buildings containing 30,391 square feet of gross floor area. The uses include 51 % office uses and 49% commercial uses. 21. ORDINANCE NO. 19,199 - Z -7694 - Approving a Planned Zoning Development and establishing a Planned Zoning Development and establishing a Planned Commercial District titled Montgomery Short -Form PD -C, located at 7908 Mabelvale Cut -Off 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, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning to PD -C to allow the addition of a single -chair beauty salon on the site. 22. ORDINANCE NO. 19,200 - Z -7695 - Approving a Planned Zoning Development and establishing a Planned Zoning Development and establishing a Planned Residential District titled Smith Short -Form PD -R located at 1600 South Battery 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: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant is requesting the rezoning of the property to PD -R to allow the addition of a fifth apartment on the site utilizing the present attic space and to bring the site into compliance with current ordinances. 23. ORDINANCE NO. 19,201 - Z -7696 - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Carter Short -Form PCD located at 3516 Baseline 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, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes a rezoning of the site to PCD to allow the construction of two buildings each containing 3200 square feet of gross floor space. The applicant has indicated one of the buildings will be utilized as C -3, General Commercial District uses while the second building will be used as general and professional office uses. 24. ORDINANCE NO. 19,202 - Z -7699 - Approving a Planned Zoning Development and establishing a Planned Office District titled Hwy 10 Executive Suite Short -Form POD located at 16601 Cantrell 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, Ono, 2 absent. Staff recommends approval. Synopsis: The applicant proposes the rezoning of the site from R -2 to POD to allow the development of a two story, 5600 square foot office building for the site. 0 Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM 25. ORDINANCE NO. 19,203 - Z -7701 - Approving a Planned Zoning Development and establishing a Planned Zoning Development District titled Sach's Suburban Tracts Short -Form PD -C located near the Kanis Road and Cooper Orbit Road Intersection, 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, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes the rezoning of the site to PD -C to allow the redevelopment of the site as a dog kennel and grooming facility. The applicant has indicated there will be approximately 30 stalls within the enclosed building and no outdoor runs or kennels. 26. ORDINANCE NO. 19,204 - Z -4506 — repealing Ordinance No. 14,330 and revoking a Planned Zoning District titled Lot 7 Tall Timber West PRD Revocation located at 5413 Timberbend Drive; and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant requests that the existing PRD zoning be revoked and the property revert to its original R -2, Single Family zoning. 27. ORDINANCE NO. 19,205 - Z- 7258 -A - Approving a Planned Zoning Development and establishing a Planned Zoning Development District titled Rose Street Revised Short -Form PD -R located at 321 -325 Rose 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: 7 yes, 2 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PD -R to allow the construction of a 20 -foot by 20- foot carport structure over the existing parking pad adjacent to "C" Street. 28. ORDINANCE NO. 19,206 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Half Street Improvements for the McMurry Subdivision located on Arch Street Pike at Vinson Road. Staff recommends approval. 29. ORDINANCE NO. 19,207 - Amending in part, Ordinance No. 11,366 to provide for levying a franchise fee to be paid by Centerpoint Energy Arkla for the year 2005; providing for the payment thereof. 30. ORDINANCE NO. 19,208 - Fixing and imposing the amount of fees and charges to be paid to the City of Little Rock, Arkansas by all companies that provide interstate or intrastate long distance telecommunications service, and all business incidental to or connected with the conducting of such telephone business in the City of Little Rock, Arkansas; amending Section E of Ordinance No., 15,706; and for other purposes. 31. ORDINANCE NO. 19,209 - Fixing and imposing the aggregate amount of fees and changes to be paid the City of Little Rock, Arkansas by Entergy and the method of payment thereof beginning in 2005; amending Section 9 of Ordinance No. 11,683, and for other purposes. 7 Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM 32. ORDINANCE NO. 19,210 - To establish the rate of taxation of property for the City of Little Rock for the year 2005 and various funds of the City of Little Rock, Arkansas; to declare an emergency; and for other purposes. 33. ORDINANCE NO. 19,211 - Amending Little Rock Ordinance No. 18,803, to expand membership of the Little Rock Parks Commission. The Grouped Items which consisted of Items 6 -33 were read the first time. Director Adcock, seconded by Director Hurst motioned to suspended the rules and place the ordinances (Items 6 -33) on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock, seconded by Director Hurst, made the motion to suspend the rules and place the ordinances 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 ordinances were read the third time. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinances and emergency clause (Items 6 -33) passed. Mayor Dailey recognized Boy Scout Troop 227. The Separate items (34 -36) were considered next. 34. ORDINANCE NO. 19,212 - Z- 2502 -A - Approving a Planned Zoning Development and establishing a Planned Zoning Development titled Islamic Center Long -Form PD- R located on the southeast corner of West 40th Street and Potter 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, Ono, I recusal, 2 absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning to PD -R to allow the creation of a 23 -lot plat and the construction of 22 single - family homes, a mosque and an education building. Director Keck asked Tony Bozynski about the lay out of the lots and size of the homes being consistent with the size of the other residential developments occurring, not only in this are, but in other areas of the city, is it average, normal or smaller or vary at all. Mr. Tony Bozynski, Planning Director, answered that this falls in between the type of development being done in Little Rock. In terms of the John Barrow Area, it's very compatible, the John Barrow Neighborhood is zoned R -3 Single family, and the minimum lot size for R -3 is 5000 square feet. The lots in John Barrow are plated slightly bigger than that, probably a little less than 7000 square feet. What are being proposed is twenty -two lots and they average approximately 6300 square feet. The smallest lot is a little bigger than 6000 square feet. Director Hurst asked about the call to prayer over the loudspeaker being heard three times a day and asked if the is a concern for staff. Mr. Bozynski stated that based on the information that was provided to the Planning Commission at the hearing, the sound level will be that volume that will only be heard by people immediately surrounding the building. He said the applicant can add to that or confirm. Director Graves stated when the noise issue was discussed regarding the Sonic Restaurant that was being planned for Cantrell Road, the level of noise was one of the Little Rock Board of Director's Meeting_ Minutes October 5, 2004 6:00 PM major concerns the neighborhoods had, and is why she was raising the issue, and stated that was one of the reasons staff was not supportive. Mr. Bozynski answered that was before he became the Planning Director, and knew there was a lot of discussion but did not know the specifics. Director Keck stated at one point and time staff was trying to steer developers away from pipe stem lots because of some of the concerns related to access as it relates to emergency vehicles, and looking at what is proposed here, said there is a pipe stem lot that is apart of that and would be interest in hearing the Planning Departments perspective and what has been reported from the Fire Department as it relates to this pipe stem lot and if there is any concern on their part. Mr. Bozynski, stated the applicant responded to the concerns of the Fire Department and agreed to maintain a twenty foot drive around the education building, which would create a twenty -six foot drive and would not create a problem. The right of way is standard on the pipe stem lot, and should present no problems. Director Adcock asked if it is unusual for a builder to come in to Little Rock to build and all the lots had already been sold. Mr. Bozynski stated he thought some developments pre -sell lots to builders and then they in turn build for a client. Director Keck asked if al l the financing was under one umbrella. Mr. Bozynski stated he was not familiar with the financing of this project. Director Stewart stated she thought the Board dealt with this same situation regarding the Campus Place issue. The developer came in with most of her lots being sold. The applicant, Taheed Salaam, representing the Islamic Center for Human Excellence, stated they had been working in this community since 1998. Initially they were attracted by the neighborhood area plan they had developed in the early 1990's. He said they had worked with the coalition of neighborhoods in the area, the Westwood, John Barrow, and other neighborhood associations since 1998. In that neighborhood plan they did invite individuals and other groups to come in and work with the housing stock, with infill. He stated the majority of the neighborhood people have signed off on the project. Director Pugh asked what would be the difference in the noise level of where they want to locate, and where they currently are. Mr. Salaam stated the do the call to prayer five times a day, and has it in the vicinity of the facility and the call to prayer is not over the traffic noise. If there is high traffic during that time, it would probably drown out the call to prayer noise. Director Pugh asked Mr. Salaam if they would be doing anything any differently than they are at present. Mr. Salaam answered no. Director Pugh asked Mr. Salaam if only people of his religion would be able to live in this development. Mr. Salaam answered no, they have people who have committed to purchase those lots, twenty two lots total, and have about fifteen people who have committed, and have opened this since 1998 to the general public. He said there are not just Muslims; they have one Christian who has made a commitment to participate in this process, and to buy land, and build a home. There are an additional six lots, and they have made this know to the coalition, to Westwood and John Barrow Neighborhood Associations, and if they have anyone that wants to participate and live in such a community and subdivision then they want those people to contact them. Director Keck asked if this was going to be a restricted gated community. Mr. Salaam stated there was no gate. He said anyone is welcome in this community. Director Adcock asked if they follow the principals of the Koran, and promise to live a good live devoted to Allah, if this was a misquote form the Democrat. Mr. Salaam stated that is for those who are Muslims, but do expect the people 9 Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM who are not Muslins to follow what their religion teaches them, the gospel, the Torah, and if a person does not have a faith to follow the law. Director Adcock said since there is teaching in the Koran about obeying the law, asked Mr. Salaams opinion of the Police presence in this community. He said they have a history of working with the police. Melinda Raley, Deputy City Attorney, stated the matter before the Board is whether the applicant has met the requirements of the Planning Ordinance for a PDR and discussing the faith involved is inappropriate. Director Adcock asked the City Attorney if asking if they will obey the laws of the police department presence in this community was against answering. Ms. Raley asked if this was a question that was asked of every applicant. Director Adcock stated no. Director Stewart stated it was in the newspaper, that Mr. Salaam had stated in the community there would be certain regulations, no drinking, no alcohol, and asked if these were just values to their community? Mayor Dailey cautioned that the Board needed to stick to those questions regarding planning. Director Stewart withdrew her question. Director Wyrick stated a parking ordinance was being contemplated in the City where vehicles would be required to park some sort of substance or the street , and that she had read that the homes are approximately 1200 square feet to fit on the lots, and asked if the design would accommodate this ordinance if it were passed? Mr. Salaam stated that the homes would be approximately 1500 square feet, and the homes could be built up to 2400 square feet, but the design is for a two car garage, and felt the parking would be adequate, and did not anticipate parking in the streets. Mayor Dailey asked those speaking to this issue keep the comments to land use and zoning issues. Carolyn Heitman, Betty Snyder, and Tim Lawson spoke in opposition to the approval of the application. Ms. Heitman, cited concerns such as fitting into the neighborhood, that the Planning Commission Chair persons firm is the engineer for the development, and has not attended any of the meetings. On January 9, 2003, an article in the Arkansas Democrat Gazette quoted a staff member stating the concept behind the community having everything in a nearby area, makes this city within a city. Ms Heitman asked if this means they will have their own law enforcement, utilities, and public services for that community along with other requirements to be a city. She had read articles that described this as an oasis, a utopia, a place where particular groups interest are practiced, a community in which children are raised so as to have the least effect from the outside world and persons who are abandoning their homes for a communal way of life, making a person wonder what kind of community this is, and who it will effect he quality of life in her neighborhood and what benefit it would serve to the entire neighborhood. She said that seemed exclusive, rather than inclusive, due to the fact that no one outside a particular group is given the opportunity to purchase a lot. Information from the development representatives as to how the homes would be financed is vague. She state she would like to know if any requests have been made for tax credit financing, HUD, CDBG, ADFA, or any other sources for funding. Ms. Heitman stated John Barrow is a diverse neighborhood; however the homes, schools and churches are scattered throughout and not located on one plot of property. Most of the residents in the area surrounding the site have lived in their homes twenty -five plus years. Person in the neighborhood have worked almost fourteen years with City of little Rock staff, developers and property owners in an attempt to rid this neighborhood of the stigma of crime, gangs, violence and create an area for diverse development that would be 10 Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM beneficial to the neighborhood as a whole, not one particular group. She felt the approval of this application may block future development in the neighborhood. Should the application be approved to be sure the development is inclusive of the entire neighborhood, would like to request the applicant to allocate thirty percent of the single family homes proposed tonight to persons outside their community without placing the mandatory requirements as would be required for persons of their community as stated in the article in yesterdays newspaper. Should the additional property adjacent to this be acquired by the Islamic Center for future development, the thirty percent allocation and exclusion of requirement would apply to that application also. She asked the Board to consider denial of the application. Betty Snyder, stated she came to the Board as property owner, a niece, an aunt a sister, and daughter -in -law having concerns of this proposed development. The development is across the street from her mother -in -law, and two blocks west of three of her relatives which live in three separate homes of this proposed development. The community prides itself on being informed on issues that effect the quality of life in the area, and stated the proposed development has not only concerns for herself, but residents of the city, county and state, as stated on a radio program on KARN. Ms. Snyder stated this program is normally one hour long, but was extend to two hours due to listening audiences calling in and voicing concerns. After listening to this program, she felt the Board of Directors should listen to this tape, and stated she called the Mayor's assistant to secure a copy for the Board to hear, so they could become more informed about this not only being a concern for the city but county and state concerns. Her request and concerns were: The developer would be responsible for damages to the sidewalk on 401h street that had just been finished last year. The hours of the operation in the development will be from 5:00 am to 9 pm, seven days a week, which leads to traffic concerns. Increased traffic from residents round the city coming to participate in activities within the community will necessitate the need for a traffic light to be placed at 40th and Colonel Glenn in order for residents to be able to leave the area. Lighting of the development should go inward and not outward. The use of the bell or loudspeaker, whichever is determined to be used to call the residents of the community to activities five times a day should be to where this does not disturb surrounding areas or businesses. Ms. Snyder stated she would appreciate, if this proposed development is approved, these commendations become part of this and any future application relating to this community. Mr. Tim Lawson, stated he had been a resident of Little Rock for forty three years, a graduate of Central High school, and recalled the struggle that occurred as integration was being forced upon the City in 1957. In his opinion, although there has been progress toward the elimination of separation, the city was facing a similar situation. He quoted from he Arkansas Democrat Gazette, " The community would be the first Islamic Enclave in Arkansas, according to Aquil Hammedoulla. By definition an enclave is a tract of land or a territory enclosed within another territory of which it is independent. a county or part of a country lying wholly within the boundaries of another. Any distinctly bounded area enclosed within a large area. Enclose. To lock with a key." The Democrat Gazette identifies the Islamic Center for Human Excellence as a branch of the Nation of Islam. From the nation of Islam website, he read, "We want our people in America, whose parents or grandparents were descendents from slaves, to be allowed to establish a separate... Ms. Raley interrupted at this point, and stated this was 11 Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM inappropriate. Mr. Lawson, quoting Andrew Cuomo, former Secretary of Housing and Urban Development within the Clinton Administration saying" The founding principals of our nation was an opportunity for all." This is our goal. If we are to succeed in our pursuit of that goal, we must tear down the barriers that divide us. We must reject the attitudes and prejudices that divide us; we must tear down the barriers that divide us. We must reject the attitudes and prejudices, the stereotypes and discriminations that are so destructive of a truly unified people." Mr. Cuomo says it is a regrettable fact that most metropolitan harbor enclaves of isolation that condemn residents to poverty and despair. These enclaves represent a failed model of community building. Mr. Lawson stated the members of this proposed Islamic Community say they wish to live a communal life and allegiance to their faith. Ms. Raley interrupted, saying once again that what is before the Board is the PDR not the Islamic Religion. Mayor Dailey asked Mr. Lawson to stick to the points that are relative to the development itself. Mr. Lawson stated the Civil Rights Act of 1968, Title 8, prohibits discrimination in the sale, rental and financing of dwellings in and in other transactions based on color, national origin, religion, sex, family status and handicapped. He stated the Board has a monumental task tonight. There are monumental questions, and questions that need to be answered before a decision can be reached. He stated these were his questions: What is best for our city, not what is best for a particular religion. Is this the path you as city officials want to take for the entire city? Does and will this open he door for other groups to separate or isolate themselves based on beliefs and ideologies? Does this erase the shame of Central High School in 1957? Does it promote more of the same? Is there another agenda? Is this Islamic enclave development fair according to Title 8, the Civil Rights Act of 1968? Ms. Raley interrupted Mr. Lawson, again stating that what is before the Board is the PDR. Mr. Lawson stated he hoped the Board would consider these questions when arriving at their decision. He encouraged the Board to not have fear in making their decision, and do what he believes is right for the greater City of Little Rock. Mr. Salaam stated he thought they had met all the requirements and the concerns from the Planning Commission, the community as well as the Board. Director Adcock asked about the financing of the homes, and asked if they are financed with any type of tax credits? Mr. Salaam stated no, not at this particular point. The financing is normal financing right now. Once they get to the point a homeowner wants to build a home, they have contacted Argenta, and Black Community Developers, who are preapproval organizations and they would refer applicants to them for preapproval and then they would go to the standard procedure in financing a home. Director Adcock stated then your answer is yes, that subsidies would be applied for in going through these agencies. Mr. Salaam stated they would work with them in terms of preapproval. It is up to the homeowner to decide where they would get financing. He said for instance they have people who are veterans, and it might be advantageous for that person to apply for financing through the Veterans Administration. He said as he understood it, the preapproval places would refer the client to the best sources for financing. Director Adcock asked Mr. Moore if Argenta does business in Little Rock. Mr. Moore stated they did, and in fact had a contract with the City's CDBG program last year to participate in a program such as Mr. Salaam is referring to. They are an organization that is used to help homeowners get through the home buying process. Director Adcock asked Mr. Salaam if he knew the average income of the homeowner in 12 Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM this area? Ms. Raley, asked if everyone is asked this question? Director Adcock stated that when organizations are using tax credits the Board does ask more information about the people who will be living there. Ms. Raley asked if this in relation to approval or denial of a PDR? Director Adcock said not of a PRD, but from issuing letters of tax credits, the Board does at times ask about the income of the individuals who will be living at the complex. Mr. Moore, stated there is one point that needed to be noted. The tax credit program that Director Adcock is referring to is one that ADFA Administers and a process is now in place that before the Mayor issues a Letter of Support, that issue comes before the Board, and that is discussed publicly. The program being discussed at this point is just a preapproval program that helps individuals to get through the home buying process and is not a tax credit program. Director Adcock stated her concern was that the city has limited money that can be spread throughout the whole city to help people buy homes, and if twenty -two people are going to be buying homes who is also going to be asking for that same money, wanted to know because she felt it unfair that in some ways all the money is limited to go to one area. She said there are a lot of people in the city looking for HOME funds and CDBG funds to help them buy homes. Mr. Moore stated all the programs are on first come first serve basis, the city ahs not set aside any dollars to work in any particular geographic area, with the excepting of the tornado area. He said this is not a designated, targeted program. Director Keck asked Mr. Salaam to explain the traffic to the call to prayer, and if it does bring a lot of people in? Mr. Salaam said they are a small community and their biggest day is on Friday and they probably have a maximum of about twenty cars. This has been consistent for several years. Director Keck asked if there would be twenty cars five times a day? Mr. Salaam answered no, that that is just the biggest day for traffic. He said people work all over the city and if they are in the area they could come to pray, but the typical number of people who may show up for a prayer call is about five. The ordinance was read the first time. 35. ORDINANCE NO. 19,213 - S -1460 - 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 for the development of a pipe stem lot and allow an increased depth of a pipe stem lot for the Islamic Center Subdivision Preliminary Plat located on the southeast corner of West 40`b Street and Potter Street. Planning Commission: 8 yes, 0 no, I recusal, 2 absent. Staff recommends approval.. Items 34 and Item 35 were read the first time. Director Keck, seconded by Director Hurst made a motion to suspend the rules and place the ordinances on second reading. By voice vote the majority of the Board members present, being tow - thirds in number voted to suspend the rules and place the ordinance on second reading. Director Adcock abstained. The rules were suspended and the ordinances were read the second time. Director Hurst, seconded by Director Stewart made a motion to suspend the rules and place the ordinances on third reading. By majority voice vote, being two thirds in number, the rules were suspended to provide for the third readings. Director Adcock abstained, the ordinances were read the third time. Director Adcock stated she would be voting no, that she did not feel like staff or the applicant has furnished her all the 13 Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM information she needed to vote on this issue. A roll call vote was taken and recorded as follows: Director Pugh, yes, Hurst, yes, Keck, yes, Stewart, yes, Wyrick yes, Kumpuris, yes, Graves, yes, Adcock, no, Vice Mayor Hinton, yes, Mayor Dailey, yes. Director Cazort was absent. The ordinances (Items 34 and 35) were approved. OTHER BUSINESS 36. RESOLUTION - To authorize the City Manager to execute a contact extension with Health Advantage to provide 2005 health care coverage from city employees; and for other purposes. (Deferred from 9 -21 -04 for discussion) The item was deferred to a reconvened meeting on October 12, 2004). Vice Mayor Hinton announced that at last weeks meeting, he asked the Board to give him the privilege of reconsidering a vote that he made on September 21 regarding in Item Z -7672 — Rescinding the Planning Commission's action in denying a Special Use Permit for a day care family home located at 8701 Verbena Drive could be made. The recorded vote of the Little Rock Board of Directors at the last meeting on September 21, 2004, was: Directors Pugh, Cazort, Keck, Stewart, Graves, and Vice Mayor Hinton voted yes. Directors Hurst, Wyrick, Kumpuris, Adcock voted no. Mayor Dailey was absent at the time of the vote. Vice Mayor Hinton made the motion to reconsider his vote on this item, Director Adcock seconded the motion. Director Keck asked for clarification of the motion, asking if it were a motion to reconsider his vote or to reconsider the issue. Deputy City Attorney, Melinda Raley stated that she had visited with Vice Mayor Hinton regarding this issue. He would like to bring the issue up again, and in order to do so (there were six votes in the affirmative), Vice Mayor Hinton could make the motion to reconsider his vote, because he voted on the prevailing side, he requires a second from anyone, and advised that Mayor Dailey would be eligible to vote, even though he was not present on September 21, 2004. By majority voice vote of the Board members present, being tow - thirds in number the motion carried. Director Stewart voted no. Director Cazort was absent. Mayor Dailey stated the next step would be to set a date of public hearing. Mr. Moore, City Manager, stated it would be the responsibility of the City to notify all of the parties. Ms. Nikita Britton stated she was going to be going through some medical things at the end of this month, and would like the Board to take that into consideration. Director Keck requested, that since the is an in home day care, the applicant is required to live in this building, and would like to know if that has been verified, what steps have been taken to verify that, and if staff has confirmed that the applicant does live in this home. Director Adcock stated she would like to know how this home day care conflicts with he rules that were recently passed in regard to the three hundred foot spacing. Director Hurst asked if this could be considered at the reconvened meeting next week. Mr. Moore stated he had just been informed that the notice process is ten days, so next week would not meet the notification requirement. Mayor Dailey announced that staff would work with the applicant to reach a mutually agreeable public hearing date. 14 Little Rock Board of Director's Meeting Minutes October 5, 2004 6:00 PM A motion was made by Director Adcock, seconded by Vice Mayor Hinton, to recess the meeting. By unanimous voice vote of the Board members present, being two - thirds in number, the meeting was recessed. ATTEST: APPROVED: City Clerk, Nancy Wood y r, Jim Dailey 15