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HomeMy WebLinkAbout05-17-05Little Rock Board of Directors Meeting Minutes May 17, 2005 MINUTES BOARD OF DIRECTORS MEETING City Hall -500 W. Markham May 17, 2005 6:OOPM 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, Hinton, Stewart, Wyrick, Adcock, Mayor Dailey, and Vice Mayor Graves. Director Keck and Director Hurst were absent. Director Hinton gave the invocation, which was followed by the Pledge of Allegiance. Director Hurst was not present at roll call but enrolled at 6:03 pm. Director Keck was not present at roll call but enrolled at 6:05 pm. Director Stewart announced that at the May 3, 2005 Board Meeting, her vote was for the appeal of Jose Conditional Use Permit. She asked with unanimous consent that her vote be noted against the appeal. No objections were made, so Mayor Dailey announced the record would reflect the change in vote. PRESENTATION: AFSME presentation — Jim Nickels (May 17, 2005) Central High Neighborhood Association Urban Forestry Essay Award Presentation — Ethel Ambrose and Ann Clair. (May 17, 2005) City Beautiful Community Awards Presentation — Carol Zoeller (May 17, 2005) Code Enforcement Academy — Andre Bernard (May 17, 2005) MODIFICATIONS: DEFERRAL 26. RESOLUTION - To amend Article III of the City's Ambulance Service Code (Little Rock Arkansas Code 5 -56 et. Seq., (Rev. 1988) to provide for Basic Life Support (BLS) Ambulance Transfers necessitated by changed in Medicare reimbursement; and for other purposes. 25. RESOLUTION - Land Bank Authority (Deferred to June 21, 2005) Little Rock Board of Directors Meeting Minutes May 17, 2005 A motion was made by Director Hinton and seconded by Director Wyrick to make changes to the agenda. By unanimous voice vote of the Board members present, being two- thirds in number, Items 25 and 26 were moved to the Consent Agenda. The consent agenda consisting of Items 1 -12 was read. CONSENT AGENDA (Items 1 -12) 1. MOTION - To approve minutes of regular Board of Directors Meeting: April 5, 2005. 2. MOTION - Z- 6096 -C - To set the date of public hearing for June 7, 2005 on an appeal to rescind the Planning Commission's Action in approving a revised conditional use permit for Chenal Valley Montessori School located at 15717 Taylor Loop Road. Planning Commission: 6 ayes, 2 nays, 2 absent, 1 abstaining. Staff recommends approval of the Conditional Use Permit, Denial of the Resolution. Synopsis: A record objector is appealing the Planning Commission's action in approving a revised conditional use permit for Chenal Valley Montessori School located at 15717 Taylor Loop Road. 3. MOTION - Z-7800 - To set the date of public hearing for June 7, 2005, on an appeal to rescind the Planning Commission's action in denying a Special Use Permit to allow a day care home at 4120 West Drive. Planning Commission: 3 ayes, 6 nays, 2 absent. Staff recommends approval of the resolution, approval of the special use permit. Synopsis: Ms. Rotekia Badgett is appealing the Planning Commission's action in denying a Special Use Permit to allow a day care family home on the R -2 zoned property at 4120 West Drive. 4. MOTION - Z -7801 - To set the date of public hearing for June 7, 2005 on an appeal of the Planning Commission's action in denying a Special Use Permit to allow a day care family home at 5 Apple Cove, in the City of Little Rock. Planning Commission: 5 ayes, 4 nays, 2 absent. Staff recommends approval of the Resolution, approval of the Special Use Permit. Synopsis: Annette Hunter is appealing the Planning Commission's action in denying a Special Use Permit to allow a day care family home on the R -3 zoned property at 5 Apple Cove in the City of Little Rock, Arkansas. 5. MOTION - Z -7810 — To set the date of public hearing for June 7, 2005, on an appeal of the Planning Commission's denial of the rezoning request to rezone property located at 10100 Mabelvale Pike, titled Harvey Short Form PCD, from R -2, Single - family to PCD. The Planning Commission vote was 5 ayes, 4 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing a rezoning of the site from R -2, Single - family to PCD to allow the site to be utilized as warehousing for an internet computer sales business and C -1, Neighborhood Commercial uses as alternative uses for the site. The applicant is appealing the Planning Commission's recommendation of denial of the re- zoning request. Little Rock Board of Directors Meeting Minutes May 17, 2005 6. RESOLUTION - 11,995 - Authorizing the City Manager to sign a collection service agreement with Collection Service, Inc. Synopsis: The resolution will authorize the City Manager to sign a revised collection service agreement with Collection Service, Inc. of Little Rock, Arkansas. 7. RESOLUTION - 11,996 - To authorize the City Manager to execute an agreement with Lasiter Construction, Inc. for construction of the Auxor Lane /Coffer Lane Drain Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Lasiter Construction, Inc. for construction of the Auxor Lane /Coffer Lane Drain Project. 8. RESOLUTION - 11,997 - Authorizing the use of eminent domain on the Delray Drive (Watt Street West to End) Street Improvements Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing the use of eminent domain for up to seven (7) parcels of land on the Delray Drive (Watt Street, west to end) Street Improvements Project. 9. RESOLUTION - 11,998 - Authorizing the City Manager to enter into a contract with Lasiter Construction, Inc. for construction of the Stephens and Baseline Elementary School Sidewalk Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Lasiter Construction for construction of the Stephens and Baseline Elementary School Sidewalk Project. 10. RESOLUTION - 11,999 - To appoint Friday, Eldridge and Clark as Bond Counsel for the proposed issuance of Little Rock, Arkansas Solid Waste Disposal Revenue Bonds, Series 2005; (The Bonds); and providing for other matters in connection with the issuance of bonds. Staff recommends approval. Synopsis: Adopt a resolution appointing bond counsel to assist the City in issuing the Series 2005 Solid Waste Disposal Bonds. 11. RESOLUTION - 12,000 - To appoint Stephens Inc. as bond underwriter for the Solid Waste Disposal Revenue Bonds, Series 2005; (The Bonds); and providing for other matters in connection with the issuance of bonds. Synopsis: Adopt a resolution appointing an underwriter to assist the City in developing and issuing the Series 2005 Solid Waste Disposal Bonds. 12. RESOLUTION - 12,001 - To award a contract for Public Relations and Advertising Design and Consultation Services for the Little Rock Zoo to Blackwood and Company, LLC; and for other purposes. Synopsis: The resolution awards a contact to Blackwood and Company, LLC for public relations, advertising design and consultation services and products for the Zoo. A motion was made by Director Hinton, seconded by Director Cazort, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted. 3 Little Rock Board of Directors Meeting Minutes May 17, 2005 The grouped items consisting of Items 13 -18 were read the first time. PLANNING & DEVELOPMENT GROUPED ITEMS: Items 13 —18 13. ORDINANCE - 19,318 - Z -7811— Approving a Planned Zoning Development and establishing a Planned Residential District titled Thomas Long -Form PD -R located on the north side of Cantrell Road at the west end of Mooser Lane, 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 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant proposes a rezoning of the site from R -2, Single — Family to PD -R to allow the construction of a barn without a principle residence. 14. ORDINANCE - 19,319 - Z-7814 — Approving a Planned Zoning Development District titled Winstead Long -Form PD -R located at 6 River Mountain 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: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant is proposing the construction of an additional residence on the site which currently contains a pool house with kitchen facilities and a single- family home. 15. ORDINANCE - 19,320 - S- 1441 -B — Granting 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 the development of double frontage lots; located on the east side of Ranch Valley Drive of Patrick County Road, in the City of Little Rock, Arkansas. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant is proposing the subdivision of this 28 acre site into eleven office lots. The applicant is requesting a variance from the Subdivision Ordinance to allow Lots 7 and 8 to develop as double frontage lots. 16. ORDINANCE - 19,321 - S -1480 — Granting 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 the development of a lot with an increased lot depth to width ratio; and providing for a waiver of Master Street Plan Construction Requirements; located at 2915 Beauchamp Road, in the City of Little Rock, Arkansas Extraterritorial Jurisdiction and in Pulaski County, Arkansas. Planning Commission: 11 ayes, 0 nays, Staff recommends approval. Synopsis: The applicant is proposing the subdivision of this 3.91 acre tract into two single - family lots. The applicant is requesting two variances from the Subdivision Ordinance: (1) A Variance from Section 31- 232(b) of the Subdivision Ordinance to allow an increased depth to width ration for proposed Tract A. (2) A variance from Section 31 -398 of the Subdivision Ordinance to allow a waiver of the Master Street Plan requirement to Beauchamp Road. 17. ORDINANCE - 19,322 - Z- 6318 -B — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Dairyland Revised Long -Form PCD located at 16105 Chenal Parkway, in the City of Little Rock, Arkansas, amending Ordinance No. 18,868 and the Official Zoning Map of the City of Little Rock; and for Little Rock Board of Directors Meeting Minutes May 17, 2005 other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow seasonal outdoor display contained within twelve (12) parking spaces. 18. ORDINANCE - 19,323 - Accepting the Meuwly Addition Annexation, adding certain land to the City of Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays. Staff recommends approval. Synopsis: Approval of the annexation of 19 and a third acres north of Highway 10 between Chenal Parkway and Chenoceau to the City of Little Rock, Arkansas. Director Adcock, seconded by Director Cazort, made a motion 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. Director Hurst, seconded by Director Cazort, made a motion 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 13 -18) were passed. SEPARATE ITEMS (Items 19 — 26) 19. RESOLUTION - 19,324 - To adopt a Ten -Year Plan to end Chronic Homelessness. Staff recommends approval. Synopsis: The United Interagency on Homelessness has requested that local counties and cities develop and implement a ten -year plan to end chronic homelessness. The initial funding in the amount of $100,000 from combined CDBG and general funds has been designated. Director Adock requested an amendment of language on the second page of the resolution on line five, to take out the word "this ". The change of wording would include people that are not chronically homeless and encompass more people. Director Adcock made a motion and was seconded by Director Keck to change the language in the resolution. By unanimous voice vote of the Board members present, being two - thirds in number, the amendment was made. Other concerns from the Board Members were voiced, including: budgeting use, other possible organizations and cities that might be participating in project, attracting an even bigger homeless population, and course of action once resolution is passed. Sandra Wilson, who is the Executive Director of Arkansas Support Housing Network, and representative for Arkansas Homeless Housing Coalition, stood up to speak on behalf of the resolution. She stated that she and her organizations are one - hundred percent behind the resolution of the ten year plan. The homeless would not need to access so many medical and police services and amount of money would be cut back trying to coral the homeless if this resolution was passed. Reverend William Cato spoke next about people of faith being inspired to serve the Homeless Coalition. Cato said that when you neglect the calling for homeless help, you are neglecting the calling to His service to those who need us most. There are over forty diverse faith communities represented in the Homeless Coalition and they all support the ten year plan. The faith communities encourage the City to respond with compassion to help the restored dignity and self respect to the homeless. Jennifer Tanner Beck spoke next. She is an advocate social 5 Little Rock Board of Directors Meeting Minutes May 17, 2005 worker and a member of the Homeless Coalition. Beck wanted to touch on two points: Concerns of creating a magnet of drawing people into the City to access services, and accessible money on a federal level for homelessness. Even though there is a chance for the City to become a magnet for homelessness, the City might also become a model for other places. The City's generosity and caring will speak to other communities and a trend could develop. Money can be accessed at a federal level that a faith based coalition and local organizations can not touch. If the City passes the ten year plan, then much more money would be accessible for helping the homeless. Jennifer Lambert, member of the Arkansas Homeless Coalition spoke next. Lambert encourages all to consider the proposal. No one person can be served unless a whole bunch of hearts come together and help. There is so much funding out there, but you have to have coalitions and partnerships to make it happen. Member of the Homeless Coalition, David Deer, spoke on City complaints of homelessness. Jane Rampona, graduate student at UALR, addressed concern of attracting homelessness to the City. She has done research on suicide attempts on men and women. The rate is very high, along those incidents of mental illness. Research has shown that after six months of being homeless, people become hopeless and at this point, their ambition dies and they stop trying to get off of the streets. Children who experience homelessness at a young age are more prone to fall into homelessness, chronic behaviors, and suicide at a more mature age. Rampona wants to target women and children as being the first to get off of the streets. Director Cazort made a motion and was seconded by Director Adcock to adopt the resolution. By unanimous voice vote of the Board members present, being two thirds in number, the resolution (Item 19) was passed. 20. RESOLUTION - 19,325 - To enter into contracts with various organizations to operate summer recreation programs, and for other purposes. Synopsis: Contracts awarded to (1)Pfeifer Camp- East /Central in the amount of $14,966, (2) Pfeifer Camp — Midwest in the amount of $14,966 (3) Pfeifer Camp — Southwest in the amount of $14,966 (4) EMOBA in the amount of $16,969 (5) LR Boys /Girls Clubs — Billy Mitchell in the amount of $17,412 (6) LR Boys /Girls Clubs — Penic in the amount of $17,412 (7) LR Boys /Girls Clubs — Thrasher in the amount of $17,412 (8) LR Boys /Girls Clubs — Whetstone in the amount of $17,412 (9) Centers for Youth and Families/Parent Center in the amount of $17,962 (10) Promiseland Ministries — Promise Camp — (2) in the amount of $18,000 (11) Promiseland Ministries — Camp Positive in the amount of $18,000. The total amount funded is $185,477; funding available from FUTURE Little Rock Special Projects — Prevention, Intervention, and Treatment dollars. Director Adcock made a motion and was seconded by Director Hurst to adopt the resolution. By unanimous voice vote of the Board members present, being two thirds in number, the resolution (Item 20) was passed. Z Little Rock Board of Directors Meeting Minutes May 17, 2005 21. ORDINANCE — FAILED - Z- 7022 -C - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Cantrell Loops Lot 2 Revised Long -Form PCD located on the north side of Cantrell Road at 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: 6 ayes, S nays. Staff recommends denial. Synopsis: The applicant proposes to revise a previously approved PCD to allow a revision to the previously approved site plan and increase the total allowable square footage of retail allowed on the site. An overview was given by Tony Boyzenski, to clarify what would be taking place if this ordinance passes. The proposal does not comply with the intent of the Highway Ten Overlay. Vice Mayor Graves, concerned about buffering zones, asked John Reese, the developer, to place a map up on the screen and show the specific variance. Reese placed a picture of a map up and explained what was seen in detail. Boyzenski commented on spacing and flood plans of homes in area. He feels that the plan should be maintained as single family housing property, as stated in the ordinance. There is poor access to the territory, which will need further layout of roadways. Reese feels that residential property should not be built in parts of this possible location, but access to landscape can be easily made. Reese told the Board that if the ordinance passed, he would do one and a half times the landscaping for the area. Director Adcock, seconded by Director Cazort, made a motion 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. Director Adcock, seconded by Director Wyrick, made a motion 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 role call, the Board Members voted as followed: Pugh -nay, Keck -nay, Wyrick -aye, Stewart-aye, Hurst -nay, Cazort-aye, Hinton -nay, Adcock -nay, Kumpuris -nay, Vice Mayor Graves -aye, and Mayor Dailey -Nay. The ordinances (Items 21) failed to pass. Board took a break at 7:50 PM, and reconvened at 8:10 PM. 22. RESOLUTION - 12,002 - To authorize the Mayor to issue a Letter of Support to the Arkansas Development Finance Authority for a one hundred twenty -eight (12 8) unit apartment community located on John Barrow Road, in the City of Little Rock, Arkansas; and for other purposes. Staff Recommends approval. Synopsis: Approval of resolution authorizing the Mayor to issue a Letter of Support for using low income housing tax credits. Director Adcock asked for clarification on spacing in the purposed ordinance (Item 23). Three people spoke for and one person spoke against the resolution (Item 22). The developer, David Henry, was the first to speak in favor. Extensive research had been done in regards to single family development zones. The apartment complex proposed will be across the street from Park View, and will include a pool, community club house, a home work center, and ADA playground. This will be within a gated entrance, monitored alarm systems, and extensively designed landscaping with irrigation systems. Henry is targeting moderate income families which will fit perfectly in the area. The housing will be affordable and of high quality. They VA Little Rock Board of Directors Meeting Minutes May 17, 2005 want to put a ten foot wooded buffer that surrounds the property. Traffic, however, is very poor through the surrounding area. One to two courtesy officers will live on sight to make sure things run smoothly for people who will be living in the community. Director Adcock had questions on whether or not the housing could facilitate assisted living. Henry responded by saying no. Director Stewart expressed concern on the large volume of traffic in the purposed area. Betty Schneider, speaking in opposition to the purposed plan, stated that this property has been denied three times when looked at for construction. There is a fear that in twenty years, the new complex and area will become an eye -sore, drug and prostitute infested, just like other areas of similar ranking. On behalf of John Barrow Neighborhood Association, she explained that these are the problems that he faces when the prospect of apartments crop up around those neighborhoods. Schneider speaks for the other concerned neighbors when saying that she does not want the Board to revoke the revocation, but stand for a length of time, because the neighborhood feels that they were not dealt with in good faith. They want the tax credit to be denied as well. More apartments in the John Barrow area will just spawn more crime and negativity. Director Hurst, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on second reading. By majority voice vote of the Board members present, being two - thirds in number, Director Adcock voted no, the resolution (Item 22) was passed. 23. ORDINANCE - 19,326 - Z- 3173 -E - Repealing Ordinance 19,088 and revoking a Planned Zoning District titled Sage Meadows Long -Form PD -R located on the west side of John Barrow Road, just south of Tanya Drive in the City of Little Rock; and for other purposes. Planning Commission: 8 ayes, 2 nays, I absent. Staff recommends approval. Synopsis: The applicant requests that the existing PRD zoning be revoked and property revert to its original MF -12, Multi- family District zoning. Director Cazort, seconded by Director Pugh, made a motion to suspend the rules and place the ordinances on second reading. By majority 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 Stewart voted no. Director Cazort, seconded by Director Hurst, made a motion to suspend the rules and place the ordinances on third reading. By majority voice vote of the Board members present, being two- thirds in number, the rules were suspended and the ordinances were read the third time. Director Stewart voted no. By majority voice vote of the Board members present, Directors Stewart, Keck, and Adcock voted no, the ordinance (Items 13) was passed. OTHER BUSINESS 24. ORDINANCE - Deferred until June 7, 2005 - To repeal Little Rock, Ark. Rev. Code Chapter 3, Article Il, Section 3 -11 through 3 -23; to replace it with a new False Alarm Ordinance to strive to improve public safety by further reducing emergency responses to false alarms, to encourage alarm users and alarm companies to property use and maintain the operational effectiveness of alarm systems in order to improve the reliability of alarm systems and reduce or eliminate false alarms; and for other purposes. (1St reading was held on April 26, 2005) (Second reading was held on May 3, 2005) (3rd Reading to be held on May 17, 2005). 8 Little Rock Board of Directors Meeting Minutes May 17, 2005 25. RESOLUTION - Deferred until June 21, 2005 - Land Bank Authority (See modifications) 26. RESOLUTION - Deferred indefinitely - To amend Article III of the City's Ambulance Service Code (Little Rock Arkansas Code 5 -56 et. Seq., (Rev. 1988) to provide for Basic Life Support (BLS) Ambulance Transfers necessitated by changed in Medicare reimbursement; and for other purposes. (See modifications) CITIZENS COMMUNICATIONS A limit of three (3) minutes per subject is allotted for any person to express a written or oral viewpoint, grievance or other message to the Board of Directors, with a maximum of thirty (30) minutes allotted for citizen communications. No advance permission is required, but persons wishing to address the Board are requested to fill out a yellow card listing the subject to be addressed and hand it to the City Clerk upon arrival. Citizen's communications will be immediately following the Consent Agenda items on the first Tuesday and at the end of the Agenda of the third Tuesday. Melvin Toban came forward to discuss the banning of Pit Bulls. This past Sunday, he got attacked by a pit bull while going into his backyard with his son. After calling the animal control and police department, he found that there was a loophole in the law. Unless the dog draws blood, there is nothing that the City of Little Rock can do about it. As a result he and his wife purpose that the City adopts something similar to the policy in North Little Rock. City Manager, Bruce Moore, explained that any one who has had a pit bull could keep theirs if it was owned and registered before the ordinance passed in North Little Rock. All pit bulls owned after the ordinance date were banned. Director Keck, seconded by Director Cazort made a motion to adjourn. By unanimous voice vote, with Board Members two- thirds in number the meeting was adjourned at 8:40 PM. PASSED: SEPTEMBER 20, 2005 ATTEST: Z 161 ancy Wood City Clerk 9 APPROVE: (Ji)n Dailey ayor