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HomeMy WebLinkAbout05-20-03Minutes: Little Rock Board of Directors Meeting May 20, 2003 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham May 20, 2003 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. Assistant City Clerk, Nataki Knight called the roll with the following Directors Present: Pugh, Vice Mayor Hinton, Adcock, Stewart, Graves, Hurst, Wyrick, Kumpuris, Cazort, and Mayor Dailey. Director Keck was absent. Pugh 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. 11,514 - Authorizing the City Manager to enter into a contact with Cranford Construction Company for the 2003 Asphalt Resurfacing Program providing for asphalt overlay on designated City streets. M -2. RESOLUTION NO. 11,515 - To set the date of Public Hearing for June 3, 2003 on the question of the issuance of Capital Improvement Bonds by the City of Little Rock, Arkansas Residential Housing and Public Facilities Board. M -3. RESOLUTION NO. 11,516 - To authorize the City Manager to enter into contracts to provide summer recreation programs; and for other purposes. DEFERRAL: 7. ORDINANCE - Amending various provisions of Chapter 31 and 36; the 2002 -2203 Zoning and Subdivision Ordinance Amendment Package. (Planning Commission: 8 yes, 0 no, 3 absent). Staff recommends approval. 1" reading held on May 6, 2003, second reading held on May 13, 2003. Deferred to May 27, 2003. Director Adcock, seconded by Director Cazort, made a motion to make the listed modifications to the agenda. By unanimous voice vote of the Board members present, the modifications were made. Mayor Dailey recognized David Lamb, Cathedral School, Boy Scout Troop 395, who was present to work on his Citizenship Merit Badge. PRESENTATIONS: Proclamation — Public Works Week Arkansas High School Principal of the Year: Dr. Linda Brown, Parkview High Magnet School Principal. Mayor Dailey announced that Riverfest would be taking place this weekend, beginning Friday night at 6:00 P.M. and would be held on the Little Rock and North Little Rock sides of the river. CONSENT AGENDA (1 -4) 1. MOTION - To approve minutes of regular City of Little Rock Board of Directors Meeting: April 1, 2003 and Reconvened Meeting: April 9, 2003. Minutes: Little Rock Board of Directors Meeting May 20, 2003 2. RESOLUTION NO. 11,517 - To authorize the purchase of one (1) Track Mounted Excavator from Scott Construction Equipment for the Public Works Solid Waste Division. Synopsis: Eight (8) bids were received for Bid # 03221. Scott Construction Equipment is the lowest responsible bidder meeting minimum specifications at $272,467.00. 3. RESOLUTION NO. 11,518 - To authorize the Mayor and City Clerk in cooperation with the underwriters and bond counsel to proceed with matters preliminary to the issuance of not to exceed $8,000,000 principal amount of Airport Revenue Refunding Bonds; approving the preparation and delivery of a preliminary official statement; and setting forth other matters pertaining to the Airport Revenue Bonds. 4. RESOLUTION NO. 11,519 - Authorizing the City Manager to execute an extension of the contract with Risk Management Resources to provide third party administrative services for the City's self - funded Worker's Compensation Program. The consent agenda consisted of Items 1 -4 and Items M -1 — M -3 listed as modifications to the agenda. The consent agenda was read. Director Adcock, seconded by Director Cazort, made a motion to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. 5. PUBLIC HEARING & ORDINANCE 18,869 - To abandon the right -of -way of the block of Dennison Street, between W. 13th Street and Daisy L. Gaston Bates Drive, and portions of alleys located in Block 6 and 7, Park Addition. (Planning Commission 7 yes, 1 no, 3 absent). Staff recommends approval. Synopsis: The Little Rock School District, in conjunction with the proposed rehabilitation and expansion of a parking lot, is requesting abandonment of the right -of -way of the 1300 Blocks of Dennison Street and portions of two abutting alleys in Blocks 6 & 7, Park Addition. Mayor Dailey declared the public hearing open. Ms. Ethel Ambrose, President of the Central High Neighborhood Association and Ms. Kathy Wells, President of the Coalition of Little Rock Neighborhoods, spoke in opposition to the application. Mayor Dailey declared the public hearing closed and called for the first reading of the ordinance. The ordinance was read the first time. The rules were suspended by two - thirds vote of the Board members present, being two - thirds in number, to provide for the second and third readings of the ordinance. The ordinance was read the second and third times. Mayor Dailey called for a roll call vote which was recorded as follows: Directors: Pugh, Adcock, Vice Mayor Hinton voted no. Director Stewart voted present. Directors: Hurst, Cazort, Wyrick, Kumpuris, Graves, Mayor Dailey voted yes. The ordinance passed. 6. PUBLIC HEARING & ORDINANCE NO. 18,868 - Z -7346 - Approving a Planned Zoning Development and establishing a Planned Residential District titled Townsend Short Form PCD located at 9219 Stagecoach Road in Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission denied the requested PCD by a vote of I yes, 9 no, I absent). Staff recommends denial. Synopsis: The applicant proposes to rezone the site from R -2, single - family to PCD to allow a restaurant use to locate on the site. ( The applicant is appealing the Planning Commission's decision denying the PCD.) Mayor Dailey opened the public hearing. Mr. David Henning, 9301 Stagecoach Road spoke in opposition to the PZD. He stated this type of development on the banks of Fourche Creek was going to affect the quality of the unique situation the neighborhood has. He stated there is interest in developing a Game and Fish Nature Center, and did not see how commercial development would fit in with those plans. Mr. Nate Townsend, applicant, stated that after 33 years, they wanted to expand into Little Rock, he said they chose this area based on the number of current clientele who have moved into this area of town and into Saline County, so it was a logical expansion for them. He said they would not do anything to abuse the wetlands and would probably not remove any more than two or three trees that are there now. He said they were looking to develop in a neighborhood friendly way as possible. He said they would use the existing structure with an addition for the kitchen. He said it is a quiet little business, that they would be open five or six evenings a week, a total of twenty to twenty -four hours and seat at a maximum 140 0 Minutes: Little Rock Board of Directors Meeting May 20, 2003 people. He said it would not generate a lot of traffic. He said they were trying to offer this neighborhood a place to take their families, where they could sit down to eat, and asked for a good consideration from the Board. Mr. Lawson, Director of Planning and Development, stated staff's concern is to keep the area zoned as commercial at the Baseline and Hwy 5 intersections. He stated if this tract is zoned PCD, then other land owners may wish to have commercial development, and staff did not want to end up with a commercial area up and down Hwy 5. Mr. Troy Laha, spoke for a group of citizens present who were in favor of the application. He stated the Southwest Little Rock United for Progress voted to support the application saying this would mean part time employment to teenagers in area, and would fill the need and desire for more sit down type restaurants in the area. He stated he felt it was a matter of time before this area along Stagecoach would all go commercial. He said Grandpa's Catfish in North Little Rock is situated in a residential setting, and thought the limited hours would not be a nuisance to the neighbors. Mr. Oley Rooker, representing the Crystal Valley Home Owners Association, Plantation Acres, and stated he has spoken the Otter Creek Home Owners Association, spoke in favor of the application stating there are over 2000 apartment units between Baseline and Stagecoach Road, and plans for more muti- dwelling applications. He said this application fits this need, that people living in apartments primarily eat out, and asked that this be considered. He said many of these people either eat at Benton or Bryant because there is not much to choose from in this area of the City of Little Rock other than fast food type establishments. He said all the revenue is going to these cities. He stated he felt, as did Mr. Townsend, that this area would eventually become commercial. Ms. Nicole Kreie, stated she had lived in Otter Creek for approximately thirteen years. She said the PZD is what the neighborhood would like because it does tell them exactly what is going to go on the site. She said there is a need for more places to eat. She said they have been trying to get restaurants to come to this area, and would like to see this application (Grandpa's Catfish) come into this area. There was discussion regarding drainage, traffic, environmental impact, noise, etc., driveway location. Ms. Elaine Crouse„ representing the Alexander Road Neighborhood Association, was in favor of Grandpas Catfish coming into the area, and hoped this would encourage other restaurants to locate in the area. Ms. Pat Gee, stated she had been going to Grandpas Catfish for a number of years, and hoped the Board would think of this as an asset to the Community. She said the area has a great need for a restaurant because of the multiplying population of the area. The ordinance was read the first time. Rules were suspended by two - thirds vote of the Board members present, being two - thirds in number, to provide for the second and third readings of the ordinance. Mayor Dailey called for a roll call vote which was recorded as follows: Directors: Pugh, Hurst, Cazort, Stewart, Wyrick, Kumpuris, Adcock, Vice Mayor Hinton, and Mayor Dailey voted yes, Director Graves voted no, Director Keck was absent. The ordinance passed. 7. ORDINANCE - Amending various provisions of Chapter 31 and 36; the 2002 -2203 Zoning and Subdivision Ordinance Amendment Package. (Planning Commission: 8 yes, 0 no, 3 absent). Staff recommends approval. 1" reading held on may 6, 2003, second reading held on May 13, 2003. The ordinance was deferred to May 27, 2003. 8. ORDINANCE NO. 18,867 - Amending Chapter 8 of the City of Little Rock Arkansas Revised Code (1988) concerning Hours of Construction Requirements, declaring an emergency; and for other purposes. The ordinance was read the first time. Director Adcock made a motion to amend the ordinance, changing the hours of construction for Saturday to 7 AM to 6 PM. Director Graves asked if this would be in accordance with what other cities are doing. Mr. Jim Lawson, Director of Planning and Development stated the ordinance now in place is more restrictive than many other cities. Mayor Dailey called for a vote on the amendment. By unanimous voice vote of the Board members present, the amendment was adopted. The rules were suspended by two - thirds vote of the Board members present, to provide for the second and third readings of the ordinances. The ordinances were read the second and third time, as amended. By unanimous voice vote of the Board members present, the ordinance and emergency clause passed. Synopsis: The current City Code is restrictive with regard to when construction can be performed. This prohibits the timely completion of jobs, which has a direct economic impact on construction and related activity. 3 Minutes: Little Rock Board of Directors Meeting May 20, 2003 9. ORDINANCE NO. 18,866 — To adopt the City of Little Rock Board of Directors 2003 Policy Mission and Statements. The ordinance was read the first time. The rules were suspended by two - thirds vote of the Board members present to provide for the second and third readings of the ordinance. The ordinances were read the second and third times. By unanimous voice vote of the Board members present, the ordinance passed. 10. REPORT - City of Little Rock Board of Directors 11. REPORT - City Manager's Activity Report CITIZENS COMMUNICATIONS Speaker: Estella Watson Topic: East End Community Services — Health issues, Burglary, Demolition of the building on 6th & Calhoun, Senior Day Care of Alzheimer's patients.. Speaker: Janet Berry Topic: Subdivision Rules — request the rules in place be reviewed for possible change. There were a number of speakers to speak during Citizens Communication on the topic of the Union Rescue Mission locating in the building at Capital and Chester Street. Speakers: Kathy Wells, Amin Amarshi, Helen Schaefer, Rick Freeland, Mary Rose, Marilyn Vandegrift, Larry Benfield, Marshall Peters, Sissi Brandon, Sharon Welch- Blair. Topic: Homeless Shelters, and opposition to the relocation of the Union Rescue Mission at Capital and Chester Street area, the adverse impact the shelters have on residents and businesses in the areas where they locate, and the creation of a moratorium on homeless shelter relocations until plans for this type of facilities can be developed and implemented, which do not adversely affect businesses and residents. Director Pugh made a motion for a moratorium until a plan is worked out for the homeless shelter location; Director Stewart seconded the motion. Director Adcock stated that she thought the Union Rescue Mission should be contacted, as she thought they had already purchased the property at Capital and Chester. Director Cazort asked Mr. Carpenter, the City Attorney, if the City has authority to legally and constitutionally to create a moratorium on these types of shelters, and if so, would the moratorium be applicable to this building and this use, given its current status of ownership and plans. Mr. Carpenter stated the city has the authority to set reasonable moratoria dealing with planning issues, and thought the Board had that general authority. The real legal question is the violation of the Fair Housing Act. The Department of Justice has said they intend to file suit against the city for Fair Housing violations sometime in June, unless the City agrees to a Consent Decree to some other planning decisions. In terms of this specific use, the determination is that it meets the zoning classification and the entity has changed his position and purchased it. The major concern of Mr. Carpenter was if this would somehow set the City up for liability for some kind of takings argument, and even if it were determined that it could not be used for this purpose, that would mean that there would be no economically viable use for the building and therefore it would be a taking. He said if they couldn't sell the building or had to sell the building at a loss, the City could well be liable for the differential. Director Hurst asked Mr. Carpenter to outline the process so that proper procedure is followed. Mr. Carpenter stated his advice would be to direct this to the Planning and City Management Staff, and to come back with a resolution, which is the procedure that has been followed on other moratoria imposed. He stated that care needed to be taken in looking at what it is that is to be defined for purposes of a moratorium, and there is a need to look at spacing, and to come up with careful definitions as to what types of establishments are to be included. Mayor Dailey M Minutes: Little Rock Board of Directors Meeting May 20, 2003 asked Director Pugh to restate her motion. Director Pugh stated her motion was to declare a moratorium on this action. Mayor Dailey asked Mr. Carpenter's advice on how this was phrased. Director Stewart asked Mr. Carpenter's advice as to how Director Pugh should phrase her motion to make it legal. Mr. Carpenter's advice was that Director Pugh withdraw her motion; Director Stewart her second, and place the item on the agenda for next Tuesday. The item could be brought up at that meeting and see how this could be framed. The concept of stopping a specific development, he did not think could be made legal. Director Pugh withdrew her motion, and Director Stewart withdrew her second. Director Kumpuris made the motion that in two weeks, the staff comes back with legal and administrative thoughts on how to address the homeless issue. There was discussion on better notification of the Board of Directors and the Community on actions and events that will directly affect the city and communities. Mr. Carpenter made the suggestion that Mayor Dailey direct staff not to issue any building permits for this location, and direct staff to get this issue back before the Board as quickly as possible. He said he did not believe it would be possible to have a resolution for a moratorium by next Tuesday, but felt a list of discussion points could be drawn up by Tuesday, and the Board would be able to have more direction after that. In the meantime, in addition to not issuing building permits, the Board might direct the Mayor to send a letter to parties involved to express the concern of the Board concerning this matter. This would inform everyone of the Boards serious concern. Director Kumpuris made a motion to reflect Mr. Carpenter's outline. Director Hurst seconded the motion. Director Wyrick's thought was that no occupancy permits should be included in the motion. Mayor Dailey asked Mr. Carpenter if this fit the spirit of the intent of the motion just outlined. Mr. Carpenter agreed that it did. By unanimous voice vote of the Board members present the motion was approved. Director Kumpuris made the motion that during the next two weeks, that the Downtown Partnership be asked to work with Vice Mayor Hinton to see if there is a way to talk with the Union Rescue Mission about their intent on a non - official basis to see if they can work out some compromise. Director Hinton seconded the motion. By unanimous voice vote of the Board members present, the motion was adopted. Director Pugh updated the Board on the new resource center built with donations and volunteerism by efforts of the Pulaski Heights United Church and Duncan United Methodist Church. Director Wyrick announced that Ms. Mollie Irwin who had been present at many Board meetings lobbying for a traffic light, had broken her knee, and ask the Board to think of her, as she would be recuperating for a few more weeks. A motion was made by Director Cazort, seconded by Director Pugh, to recess and reconvened on May 27, 2003; by unanimous voice vote of the Board members present the meeting was adjourned. Note: The May 20, 2003 Board of Directors Meeting was recessed to May 27, 2003 for the purpose of considering and ordinance to create the Little Rock Neighborhood Audit and Compliance Committee, and to consider an ordinance for the issuance and sale of Capital Improvement and Refunding Revenue Bonds (Parking Garage). ATTEST: N ncy W od City Clerk APPROVE: Jim Dai Ue Mayor 5