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HomeMy WebLinkAbout01-18-05Little Rock Board of Directors Meeting Minutes January 18, 2005 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham January 18, 2005 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: Hurst, Cazort, Keck, Stewart, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton, and Mayor Dailey. Director Pugh and Graves were absent. Director Hinton gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications: Director Keck made the motion to modify the agenda as listed; Director Adcock seconded the motion, and by unanimous voice vote of the Board members present, the modifications were made. MODIFICATIONS ADDITION M -1. RESOLUTION 11,897 - Amending Resolution No. 11,821 to authorize the City Manager to enter into a revised contract with Stuck Associates Architects to provide architectural service for the construction of a new animal services facility; and for other purposes. 2004 Bond Project. Synopsis: The resolution amends Resolution No. 11,821 and awards a contract to Stuck Associates Architects for architect services for a new animal services facility to be located on undeveloped land at Jack Stephens Youth Gold Academy (First Tee) Park and authorizes the City Manager to enter tin a contract for such services with Stuck Associates Architects. DEFERRALS 6. ORDINANCE - Defer to February 1, 2005 atApplicandStaff Request - Z -7740 - Reclassifying property located at 10905 West Markham Street; amending the Official Zoning Map of the City of Little Rock (Planning Commission: 8 ayes, 0 noes, 3 absent). Staff recommends approval. Synopsis: The owner of the 4.53 acre property at 10905 West Markham Street is requesting that the zoning of the north 2.42 acres be reclassified from R -2 to C -3 and the zoning of the south 2.11 acres be reclassified from R -2 to OS (floodway). Little Rock Board of Directors Meeting Minutes January 18,2005 10. PUBLIC HEARING & ORDINANCE - Defer to February 1, 2005 at applicants request. - Z -7700 — To rescind the Planning Commission's action in denying a zoning request titled Basham Cantrell Long Form POD located on the south side of Cantrell Road, just west of Taylor Loop Road. (Planning Commission: 5 ayes, 4 noes, 2 absent). Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2 Single- family to POD to allow the development of the site with a three lot plat /plan for six office buildings. 11. ORDINANCE - Defer to February 1, 2005 at applicants request~ - Z-7773 — Approving a planned zoning development and establishing a planned residential district titled Whispering Hills Long -Form PD -R located south of Alexander Road, west of Pam Drive South, 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 ayes, 2 noes, 2 absent). Staff recommends approval. (Held on 1st Reading 01- 04 -05). Synopsis: The applicant proposes to rezone the site from R -2 single- family to PD -R to allow the development of the site with single - family homes. 12. ORDINANCE - Defer to February 1, 2005 at applicants request` - S -1454 — Grant variances 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 reduced front building line (15 ft.) on the proposed residential lots for the Whispering Hills Subdivision Preliminary Plat, located south of Alexander Road, west of Pam Drive South. (Planning Commission: 7 ayes, 2 noes, 2 absent). Staff recommends approval. (Held on 1St Reading 01- 04 -05) Synopsis: The applicant proposes to rezone the site from R -2 single- family to PD -R to allow the development of the site with single - family homes. 13. ORDINANCE - Defer to February 1, 2005 at applicants request. - Z -7738 - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Albright Short -Form PCD located at 19125 Kanis Road, Pulaski County, in the City of Little Rock Extraterritorial Planning Jurisdiction, amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 6 ayes, 1 noes, 3 absent, I recusal) Staff recommends denial of the requested PCD zoning. Synopsis: The applicant is proposing the rezoning of the site from R -2, Single - family to PCD to allow a photography studio to locate on the site. The applicant has indicated the existing home will remain as a residence and a second structure will be added to the rear of the site to be used as the photography studio. The applicant is requesting to utilize the second structure as a guesthouse if the photography studio vacates the site. 14. ORDINANCE - Defer to February 1, 2005 at applicants request. - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Construction Requirements at 19125 Kanis Road, west of 2 Little Rock Board of Directors Meeting Minutes January 18,2005 Stewart Road. Staff recommends approval. Synopsis: Authorizes a waiver of street improvements under the Master Street Plan for construction of a photography studio in western Pulaski County on the south side of Kanis Road. The property is outside the corporate city limits, but within the extra - territorial boundary for zoning review PRESENTATIONS: A Dollar for Hope Campaign — Sue Hulsey, Public Works Department (January 18, 2005). Mr. Bob Turner, Assistant City Manager, announced that Ms. Hulsey, a city employee, came up with the idea of each employee contributing $1 toward the aid of the victims of the tsunami in Southeast Asia. It was a one week campaign, which has now been concluded. Mr., Turner asked Ms. Hulsey to present Mr. Alan Gibson, representing the American Red Cross, a check for $4000, which exceeded the original goal of $2, 000. CONSENT AGENDA (1 -4) 1. MOTION - To approve minutes from the regular Board of Directors Meeting: November 23, 2004 & Reconvened Meetings: November 9, 2004. 2. RESOLUTION 11,898 - To amend Little Rock, Ark. Resolution No. 10,428 (December 15, 1998) to increase the daily storage fee for vehicles stored at the Little Rock Impound Facility to twenty -five dollars ($25.00) per day; and for other purposes. Synopsis: Resolution to increase the daily storage fee at the City of Little Rock Vehicle Storage Facility from $23 to $25. 3. RESOLUTION 11,899 - To authorize the City Manager to enter into a contract with Geo- Energy Solutions to supply plumbing materials to be used to install the ground source heat pump wells for the Fire Training building, and for other purposes. (2004 Bond Project) 4. RESOLUTION 11,900 - To approve a revised interlocal agreement between the City of Little Rock and PAgis; and for other purposes. Synopsis: To approve a revised inter -local agreement to protect the tax status for PAgis as a governmental entity. The consent agenda, consisting of Items 1 -4 and Item M -1, was read. Director Adcock made the motion to adopt the Consent Agenda; Director Cazort seconded the motion, and by unanimous vice vote of the Board members present, the Consent Agenda was adopted. The next consideration was the Grouped Items consisting of Items 5 -8. 3 Little Rock Board of Directors Meeting Minutes January 18, 2005 5. ORDINANCE 19,263 - Z- 7716 -A — Reclassifying property located at 1615 Rebsamen Park Road; amending the Official Zoning Map of the City of Little Rock. (Planning Commission: 8 ayes, 0 noes, 3 absent). Staff recommends approval. Synopsis: The owner of the 0.214 acre property located at 1615 Rebsamen Park Road is requesting that the zoning be reclassified from I -2 to C -3. 6. ORDINANCE - Deferred to February 1, 2005 - Z -7740 - Reclassifying property located at 10905 West Markham Street; amending the Official Zoning Map of the City of Little Rock (Planning Commission: 8 ayes, 0 noes, 3 absent). Staff recommends approval. Synopsis: The owner of the 4.53 acre property at 10905 West Markham Street is requesting that the zoning of the north 2.42 acres be reclassified from R -2 to C -3 and the zoning of the south 2.11 acres be reclassified from R -2 to OS (floodway). 7. ORDINANCE 19,264 - Z -7748 - Reclassifying property located at the northwest corner of West 23`d and Cedar Streets; amending the Official Zoning Map of the City of Little Rock (Planning Commission: 8 ayes, 0 noes, 3 absent). Staff recommends approval. Synopsis: The owner of the 50 foot by 140 foot lot at the northwest corner of West 23`d and Cedar Streets is requesting that the zoning be reclassified from C -3 to R -3. 8. ORDINANCE 19,265 - Z-7761 - Reclassifying property located at 4211 "A" Street; amending the Official Zoning Map of the City of Little Rock (Planning Commission: 8 ayes, 0 noes, 3 absent). Staff recommends approval. Synopsis: The owner of the 0.155 acre lot at 4211 "A" Street is requesting that the zoning be reclassified from R -3 to R -5. The ordinances (Items 5 -8) were read the first time. A motion was made by Director or Adcock, seconded by Director Keck, to suspend the rules and place the ordinances 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. The ordinances (Items 5 -8) were read the second time. A motion was made by Director Adcock, seconded by Director Hinton to suspend the rules and place the ordinances on third 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 (Items 5 -8) were passed. SEPARATE ITEMS 9 —16 9. ORDINANCE 19,266 - Amending Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas providing for the addition of Stagecoach Road, Kanis Road and a portion of Colonel Glenn Road and Chenal Parkway- Financial Center Parkway to the list of designated scenic corridors; declaring an emergency; and for other 4 Little Rock Board of Directors Meeting Minutes January 18,2005 purposes. (Planning Commission: 8 ayes, 0 noes, 3 absent). Staff recommends approval. Synopsis: Staff, through the Planning Commission, is proposing an amendment to Section 36 -556. (b) of the Code of Ordinances to add Kanis Road, Stagecoach Road and portions of Colonel Glenn Road and Financial Center /Chenal Parkway to the list of Scenic Corridors; with five exceptions designated as segments. The ordinance was read the first time. Mr. Tom Gibbons, General Manager, Lamar Outdoor, stated they were in favor of the ordinance and their goal was to place the most appealing looking sign in commercial retail areas throughout the metro areas, and at the same time meet the needs and demands of the advertisers. Over the past several months they have worked with the City Managers Office, Planning staff and the Little Rock City Beautiful Commission. Two of the major concerns were to protect neighborhood areas, and to continue to protect scenic value. Lamar believes the segmentation plan which they have worked out and which has been recommended by staff both satisfies the City and their industry. They are supportive of the plan in its current form. Director Cazort made the motion, seconded by Director Adcock 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 made the motion, 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 and the ordinance was read the third time. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinance and emergency clause passed. 10. PUBLIC HEARING & ORDINANCE - Deferred to February 1, 2005 - Z-7700 — To rescind the Planning Commission's action in denying a zoning request titled Basham Cantrell Long Form POD located on the south side of Cantrell Road, just west of Taylor Loop Road. (Planning Commission: 5 ayes, 4 noes, 2 absent). Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2, Single - family to POD to allow the development of the site with a three lot plat /plan for six office buildings. 11. ORDINANCE - Deferred to February 1, 2005 - Z -7773 — Approving a planned zoning development and establishing a planned residential district titled Whispering Hills Long -Form PD -R located south of Alexander Road, west of Pam Drive South, 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 ayes, 2 noes, 2 absent). Staff recommends approval. (Held on 1st Reading 01- 04 -05) Synopsis: The applicant proposes to rezone the site from R -2 single - family to PD -R to allow the development of the site with single - family homes. 12. ORDINANCE - Deferred to February 1, 2005 - S -1454 — Grant variances 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 reduced front building line (15 ft.) on the proposed residential lots for the Whispering Hills Subdivision Preliminary 5 Little Rock Board of Directors Meeting Minutes January 18, 2005 Plat, located south of Alexander Road, west of Pam Drive South. (Planning Commission: 7 ayes, 2 noes, 2 absent). Staff recommends approval. (Held on 1St Reading 01- 04 -05) Synopsis: The applicant proposes to rezone the site from R -2 single - family to PD -R to allow the development of the site with single - family homes. 13. ORDINANCE - Deferred to February 1, 2005 - Z-7738 - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Albright Short -Form PCD located at 19125 Kanis Road, Pulaski County, in the City of Little Rock Extraterritorial Planning Jurisdiction, amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 6 ayes, I noes, 3 absent, 1 recusal) Staff recommends denial of the requested PCD zoning. Synopsis: The applicant is proposing the rezoning of the site from R -2, Single- family to PCD to allow a photography studio to locate on the site. The applicant has indicated the existing home will remain as a residence and a second structure will be added to the rear of the site to be used as the photography studio. The applicant is requesting to utilize the second structure as a guesthouse if the photography studio vacates the site. 14. ORDINANCE - Deferred to February 1, 2005 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Construction Requirements at 19125 Kanis Road, west of Stewart Road. Staff recommends approval. Synopsis: Authorizes a waiver of street improvements under the Master Street Plan for construction of a photography studio in western Pulaski County on the south side of Kanis Road. The property is outside the corporate city limits, but within the extra - territorial boundary for zoning review. OTHER BUSINESS 15. PUBLIC HEARING & RESOLUTION — Failed - Z -7682 - To rescind the Little Rock Planning Commission's action in denying a special use permit for a day care family home located on the R -2 zoned property at 6709 Lantana Road. (Planning Commission: 5 ayes, 4 noes, 2 absent). Staff recommends approval. (Deferred from January 4, 2045.) Mayor Dailey declared the public hearing open. Mayor Dailey recognized Ruth Bell, League of Women Voters of Pulaski County, spoke in favor of the home daycare. She stated this is a home occupation, and this applicant has met the requirements of the recently amended city ordinance dealing with home day cares and the reason there are so many of these applications is because there are parents who want that kind of day care for their children and because there are women who wish to provide it in their homes. She asked the Board to approve the use at this location. Janet Berry, Southwest Little Rock United for Progress, stated one of the missions of this group is to support the various neighborhoods in being able to paint a picture of how they want their neighborhood to be. Cloverdale has been inundated with people wanting to have day cares in their neighborhood. They have taken the stand that these are businesses, generates too much C$I Little Rock Board of Directors Meeting Minutes January 18,2005 traffic for their neighborhood and they do not wan them in their neighborhood. Troy Laha, spoke in opposition, saying these are home businesses in residential areas and is opposed to the home day cares. They want a pure residential area, and asked the Board to deny the home day care. Edna Shoemaker, spoke in opposition stating they wished to keep their neighborhood purely residential, and was opposed to the day care. Director Cazort stated he understood this day care met the requirements imposed on home day care centers. He said this is an applicant that has followed the rules and had a problem, unless there were valid reasons to justify not granting the permit. Eloise Goss, the applicant stated she lived at 6709 Lantana and has been a child care provider for four or five years. She said she worked alone, has been approved by the State to have 10 children. She said she properly cares for the kids; her children are in different age groups and felt she has met all compliances of the state. The state visits your home every ninety days to make sure that you are up to date with the care of your kids. She said this is something she loves to do and has been doing it in her home for four years, and has never had any problems. She said her parents come in and drop their kids off; she has facilities where they can drop off and pick up their kids without being on the road. She asked the Board to allow her to have a special use permit. Director Keck asked how man children she would be caring for. Ms. Goss answered that she had seven children. She said one of the seven, lives in her home. She said she has four parents in all. Director Adcock asked Ms. Goss if she were planning on adding employees. Ms. Goss stated only if she starts caring for more children. Director Adcock asked what kind of facilities the children had to play in. Ms. Goss stated that she had a fenced in back yard, with a lot of grass, and provided toys for the kids to play on. Director Adcock stated she knew that five or ix children playing out side were noisy and asked if Ms. Goss knew whether she had any daytime sleepers in her neighborhood that she knew of. Ms. Goss stated she did not know of any. Director Cazort asked what the hours of operation were. Ms. Goss answered 6:30 AM to 5:30 PM, Monday through Friday. Director Keck asked if she had any signage that advertised her business. Ms. Goss answered no; she relied on word of mouth from other parents. Director Hinton asked if the kids were coming from the neighborhood, or all over the city. Ms. Goss answered that one child lived on Dahlia and the others live in the Baseline Wakefield area. Director Hurst asked Mr. Bozynski, Planning Director, if an in -home day care with five kids can operate without any special permitting from the city. Mr. Bozynski stated that was correct, that is considered babysitting. Six to ten children require a special use permit. Director Adcock asked the percentage of how many of the daycare centers that had been brought to the board in the last several months were in southwest Little Rock, how many were west Little Rock, and how many are in the inter -city. Mr. Bozynski stated he could not give a specific percentage, but felt it safe to say the majority have been in southwest Little Rock over the past six months, that have come to the board either by appeal of one sort or another. She asked staff to look at how many are popping up in southwest Little Rock, and maybe suggest they look at other parts of town also. Director Wyrick stated the Planning Commission vote was fairly close on this application and asked what was the discussion that took place at the Planning Commission. Mr. Bozynski stated one thing that came up was the condition of the property. The primary issue was that there was opposition from the neighborhood. Mayor Dailey closed the public hearing. The resolution was read. 7 Little Rock Board of Directors Meeting Minutes January 18, 2005 Director Cazort moved to adopt the resolution, Director Hurst seconded the motion. A roll call vote was taken and recorded as follows: Director Pugh was absent, Director Keck, no, Wyrick, no, Stewart, yes, Hurst, no, Cazort, yes, Hinton, no, Adcock, no, Kumpuris, yes, Vice Mayor Graves was absent, Mayor Dailey, yes. The resolution failed. Director Keck stated he felt there is still an unresolved issue, not just on the issue of day care, but in regards to the incidences of all home based businesses. He stated he felt there are many entrepreneurs that are beginning their businesses at home, some are growing and some are where they want to be and won't grow any more, and was concerned that an industry was being singled out, and being specific at a time where the Board needs to come forward with some policy were people can be navigated forward to how they can have a home based business if they can have one at all. He stated he didn't know the best way to move forward with this, but would leave it to the leadership of the Mayor and City Manager. Director Hinton said in there is a proposal that would be coming to the Board that deals with some of the issues discussed tonight, and asked Mr. Carpenter and Mr. Moore to bring that forward in the near future. . 16. RESOLUTION 11,901 - Board and Commission Appointmentst: Synopsis: Reinstatements to the City Beautiful Commission, Racial & Cultural Diversity Commission, and Zoo Board of Governors. Reappointments to the Civil Service Commission and Sister Cities Commission. Appointments to the Community Housing Advisory Board and Museum of Discovery. Director Wyrick, seconded by Director Adcock made the motion to go into executive session for the purpose of appointments to Boards and Commissions. The meeting recessed at 6:50 PM. At 7:00 Pm the meeting reconvened, and Mayor Dailey called the meeting back in session. Mr. Bruce Moore, City Manager, announced the re- appointment nominations of Bill McElwee, Community Housing Advisory Board„ Mark DeYmaz, John Siccardi, and Charles Spohn, Racial Cultural Diversity Commission, Leon Matthews, Sister Cities Commission, David Graf, Little Rock Zoo Board of Governors, Cita Cobb and appointments of Julia Birkett and Harry Hamlin, Museum of Discovery Board of Trustees and Carmen McHaney, Sister Cities Commission. A motion was made by Director Keck, seconded by Director Adcock, to accept the nominations and adopt the resolution making the appointments and re- appointments to the various Boards and Commissions. By unanimous voice vote of the Board members present, being tow - thirds in number the resolution was adopted. CITIZENS COMMUNICATIONS — Mr. Michael Hodge turned in a card to speak, but was not present at the period set aside for Citizens Communications. A motion was made by Director Keck, seconded by Director Adcock to recess the meeting to January 25, 2005 for the purpose of the Annual City Attorney Evaluation. By unanimous voice vote of the Board members present, the meeting was recessed at 7:05 PM. Little Rock Board of Directors Meeting Minutes January 18,2005 ATTEST: Na y Woo City Clerk APPROVED: J' Dailey, Mayor