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HomeMy WebLinkAbout12-02-08Minutes of the Little Rock Board of Directors Meeting December 2, 2008 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham December 2, 2008 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular session with Mayor Stodola presiding. Nancy Wood, City Clerk, called the roll; followed by the invocation delivered by Director Cazort. The following Directors present: Hendrix, Richardson, Adcock, Keck, Wyrick, Wright, Cazort, Kumpuris, Fortson, Vice Mayor Hurst and Mayor Stodola. Director Wright and Director Kumpuris were absent at roll call. Director Kumpuris enrolled at approximately 6:20 PM. Mayor Stodola introduced the Highland Methodist Church Boy Scout Troop The next consideration was Presentations, which included: Citizens Academy Awards; Big Jingle Jubilee Holiday Parade; and 100 Best Fleets of North America Program. The consent Agenda consisted of Items 1 -10. 1. RESOLUTION NO. 12,788 - G -24 -021— To set the date of public hearing for December 16, 2008, on a petition to abandon two (2) sanitary sewer easements located within Shackleford Crossing, in the 2800 Block of Shackleford Road. Staffrecommends approval. Synopsis: Shackleford Crossing, LLC, owner of the PCD zoned Shackleford Crossing development, is requesting the abandonment of two (2) sanitary sewer easements. 2. RESOLUTION NO. 12,789 - G -24 -022 - To set the date of public hearing for December 16, 2008, on a petition to abandon certain drainage and utility easements located within Lot 1, Interstate easements located within Lot 1, Interstate 430 Office Park Addition located at 2714 South Shackleford Road. Staff recommends approval. Synopsis: Shackleford Crossing, LLC, owner of the PCD zoned Shackleford Crossing development, is requesting the abandonment of certain drainage and utility easements. 3. RESOLUTION NO. 12,790 - To authorize the City Manager to enter into a contract with Fraley Roofing Inc., to supply materials and labor to reroof the Willie Hinton Neighborhood Resource Center (WHNRC). Staff recommends approval. 4. RESOLUTION NO. 12,791 - To authorize the City Manager to enter into an annual contract with Mid -South Sales Incorporated, to provide oils and lubricants for use in all City equipment; and for other purposes. Staff recommends approval. Synopsis: To authorize the City Manager to enter into a contract with Mid -South Sales, Incorporated, to provide oils and lubricants for use in all City equipment. This is an annual purchase order for one (1) -year with an option to renew each year for up to four (4) additional years. 5. RESOLUTION NO. 12,792 - To authorize the City Manager to enter into a contract with ThyssenKrupp Elevator, to supply materials and labor to renovate the City Hall elevator. Staff recommends approval. Synopsis: ThyssenKrupp Elevator submitted a bid of $160,098 and was the only bid received to renovate the elevator at City Hall. The funding will come from 2008 Short Term Financing. Minutes of the Little Rock Board of Directors Meeting December 2, 2008 6:00 PM 6. RESOLUTION NO. 12,793 - To renew taxicab operator permits for Greater Little Rock Transportation Service, LLC (GLRTS); and for other purposes. Staff recommends approval. Synopsis: A resolution authorizing the approval of 123 operator permits for Greater Little Rock Transportation for 2009. 7. RESOLUTION NO. 12,794 - To authorize the City Manager, Mayor and City Clerk to execute any documents necessary and take other actions needed to accept the donation of a 3,075 square -foot lot located at the northeast corner of Appianway and West 19th Streets; and an adjacent 2,000- square foot interior lot facing Appianway Street; and for other purposes. staff recommends approval. Synopsis: A resolution to authorize the acceptance of a land donation from The Triangle Group, LLC for the purpose of expanding Fletcher Park. 8. RESOLUTION NO. 12,795 - To authorize the City Manager to enter into a contract with Arkoma Playgrounds and Supply in the amount of $76,152.37 for supply and installation of a new playground component system for Dunbar Community Center. Staff recommends approval. Synopsis: To authorize the City Manager to enter into a contract with Arkoma Playgrounds and Supply in the amount of $76,152.37 for supply and installation of a new playground component system for Dunbar Community Center. 9. RESOLUTION NO. 12,796 — To authorize a one (1) year interlocal agreement for ambulance service between the City of Little Rock, Arkansas, and Faulkner County, Arkansas, which grants the Little Rock Ambulance Authority ( "LRAA ") d /b /a Metropolitan Emergency Medical Services ("MEMS ") an exclusive franchise to provide ambulance services to Faulkner County, Arkansas; and for other purposes. Staff recommends approval. 10. RESOLUTION NO. 12,797 - To support the amendment of state law to increase the percentage of the premium tax allocated to the Arkansas Local Police and Fire Retirement System (LOPFI); and for other purposes. Staff recommends approval. Synopsis: The Arkansas Municipal League seeks support for legislation in the 2009 session to amend state law to increase the percentage of the premium tax allocated to the Local Police and Firemen's Retirement System (LOPFI). A motion was made by Director Adcock, seconded by Director Cazort, to adopt the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was adopted. CITIZENS COMMUNICATIONS: The following citizens were present to speak: Speaker: Sandy Magness Topic: Opposed to proposed Business License increases Speaker: Mae Bratton Topic: Property maintenance issues in Southwest Little Rock stating action is needed to help clean up this area Speaker: Jane Harrison Topic: Property maintenance conditions on Tedford and Merrivale Drive stating action is needed to help clean up this area. 2 Minutes of the Little Rock Board of Directors Meeting December 2, 2008 6:00 PM Speaker: Luke Skrable Topic: Monitoring 311 calls, saying that the latest 311 report shows that services are not being delivered Director Keck left the meeting at 6:50 PM. The Grouped Items consisted of Items 11 — 23. 11. ORDINANCE NO. 20,048 - LU08 -04 -03 — To amend the Land Use Plan (16,222) in the Heights Hillcrest Planning District from Low Density Residential to Office; and for other purposes. (Planning Commission: 8 ayes, I nay). Staff recommends approval. Synopsis: A Land Use Plan amendment in the Heights Hillcrest Planning District from Low Density Residential to Office for future development. 12. ORDINANCE NO. 20,049 - Z-8405 — To approve a Planned Zoning Development and establish a Planned Office District titled Arvest Bank Short -Form POD, located on the northwest corner of West Markham and Walnut Streets, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes, I nay, 1 absent, I open position. Staff recommends approval. Synopsis: The request is a rezoning of the site from R -5, Urban Residence and R -3, Single - Family Residential to POD to allow the construction of a bank with drive - through facilities. 13. ORDINANCE NO. 20,050 - Z- 4213 -J — To approve a Planned Zoning Development and establish a Planned Commercial District titled The Look Out at Colonel Glenn Long -Form Road PCD, located on the northwest corner of Colonel Glenn and Lawson Roads; Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 1 absent, I open position. Staff recommends approval. Synopsis: The request is a rezoning from 0-3, General Office District to PCD to allow the creation of a three (3) lot plat and the approval of a development plan for two (2) of the three (3) proposed lots. 14. ORDINANCE NO. 20,051 - Z- 7787 -A — To rescind Ordinance No. 19,329, revoking a Planned Zoning District titled Skyhawk Circle Long -Form PD -C, and reclassifying property located at 4500 Skyhawk Circle, located within the City of Little Rock's Extraterritorial Planning Jurisdiction, Pulaski County Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 1 absent, 1 open position. Staff recommends approval. Synopsis: The request is a revocation of the PD -C zoning classification for this site and the restoration of the previously held R -2, Single - Family zoning classification. 15. ORDINANCE NO. 20,052 - Z-8386 — To approve a Planned Zoning Development and establish a Planned Residential District titled Tract 2 Asbury Acres Short -Form PD -R, located in the 800 Block of Kirby Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 1 absent, 1 open position. Staff recommends approval. Synopsis: The request is a rezoning from R -2, Single - Family to PD -R to allow the creation of three (3) single - family lots from this 0.91 -acre tract. Minutes of the Little Rock Board of Directors Meeting December 2, 2008 6:00 PM 16. ORDINANCE NO. 20,053 - Z-8398 — To approve a Planned Zoning Development and establish a Planned Commercial District titled Hair N' Motion Short -Form PCD, located south of West 46th Street between John Barrow Road and Ludwig Street, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 1 absent, 1 open position. Staff recommends approval. Synopsis: The applicant is proposing a rezoning of the site from R -2, Single - family to PCD to allow the construction of a new mixed use building containing a beauty salon and an office use. 17. ORDINANCE NO. 20,054 - Z-8399 — To approve a Planned Zoning Development and establish a Planned Residential District titled Curtis Short -Form PD -R, located 1221 Louisiana Street, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, 0 absent, 1 open position. Staff recommends approval. Synopsis: The request is a rezoning from UU, Urban Use District to PD -R, Planned Residential Development, to allow the placement of a garage structure within the rear yard area of this single - family home. 18. ORDINANCE NO. 20,055 - Z-8403 — To approve a Planned Zoning Development and establish a Planned Office District titled Glason Short -Form POD, located on the northeast and southeast corners of West 12th and Dennison Streets, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, I absent, I open position. Staff recommends approval. Synopsis: The applicant is seeking a rezoning of four (4) lots from 0-3, General Office District and R -4, Two - Family District to POD to allow the construction of an office building and associated parking. 19. ORDINANCE NO. 20,056 - Z-8406 — To approve a Planned Zoning Development and establish a Planned Office District titled Kitchens Clinic Short -Form POD, located at 14104 Taylor Loop Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, I absent, I open position. Staff recommends approval. Synopsis: The request is a rezoning of the site from R -2, Single - family to POD to allow the construction of a dental office on the site. 20. ORDINANCE NO. 20,057 - Z-8407 — To approve a Planned Zoning Development and establish a Planned Commercial District titled Dowler Properties Short -Form PCD, located at 4201 Baseline Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, I absent, I open position. Staff recommends approval. Synopsis: The applicant is proposing to subdivide this 2.15 -acre tract into two (2) lots and to rezone the resulting northern 1.15 -acre lot from R -2, Single - family to PCD. 21. ORDINANCE NO. 20,058 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements for Bruno Road. Synopsis: Applicant requests a deferral of street improvements required under the Master Street Plan for five (5) years, until development of Lot 8B or until adjacent property is developed; whichever occurs first, for Dowler Properties located at 201 Baseline Road. 22. ORDINANCE NO. 20,059 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements for Wright Avenue Bypass. Staff recommends approval. Synopsis: Authorizes a deferral of construction of approximately 400 feet of five (5) -foot side walk along Wright Avenue Bypass, as required under the Master Street Plan for five (5) years, or until a future phase of development, or until adjacent property is 4 Minutes of the Little Rock Board of Directors Meeting December 2, 2008 6:00 PM developed; whichever occurs first, for Allison Presbyterian Church located at 922 Wright Avenue, as part of the Allison Presbyterian Church Addition Parking Lot Conditional Use Permit. 23. ORDINANCE NO. 20,060 - To dissolve Little Rock Municipal Property Owners" Multipurpose Improvement District No. 21 (Bella Rosa Project); and for other purposes. Staff recommends approval. Synopsis: Ordinance to dissolve an improvement district created by City Ordinance No. 19,232 -A (November 1, 2004). The district was never utilized. Ordinances in Items 11 -12 were read the first time. A motion was made by Director Adcock, seconded by Director Richardson, to suspend the rules to provide for the second reading of the ordinances. 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. A motion was made by Director Adcock, seconded by Director Richardson, to suspend the rules to provide for the third reading of the ordinances. 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 were passed. SEPARATE ITEMS: Item 24 -25 24. ORDINANCE NO. 20,061 - LU08 -09 -02 — To amend the Land Use Plan (16,222) in the Interstate 630 Planning District from Single - Family to Mixed Use; and for other purposes. Planning Commission: 6 ayes, 4 nays. Staff recommends denial. Synopsis: A Land Use Plan Amendment in the Interstate 630 Planning District from Single - Family to Mixed Use for future development. The ordinance was read the first time. A motion was made by Director Adcock, seconded by Director Hurst, to suspend the rules to provide for the second reading of the ordinance. 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. A motion was made by Director Adcock, 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 and final time. Mr. Dana Carney, Zoning Manager, gave the Board an overview of the Land Use Plan. He stated staff was opposed due to this being an institutional use. He stated this intrudes into the residential component of the neighborhood and felt this was not a good use. The north half of the block is residential and this would change the nature of the neighborhood. He stated there are several institutional uses and a concentration of commercial at the Pine -Cedar intersections with 12th Street and said other than along 12th Street this is a single family neighborhood. Staff does not feel the conversion of a block from single - family homes is positive for the neighborhood. There was lengthy discussion regarding keeping the zoning single family. There was further debate on the item. The residents and Directors were split in their feelings on amending the Land Use Plan to allow this facility. A roll call vote was taken on the land use issue and recorded as follows: Directors Richardson, Cazort, Kumpuris and Fortson voted yes; Directors Hendrix, Hurst, Wyrick and Adcock voted no. Directors Wright and Keck were absent. Mayor Stodola tried to vote in favor of the Land Use Plan, but there were not enough members present to make that possible. The Ordinance failed. Director Cazort announced that he planned to make a motion in two weeks to rescind 5 Minutes of the Little Rock Board of Directors Meeting December 2, 2008 6:00 PM this failed vote so the two absent Directors would have a chance to weigh -in on the amendment. Director Adcock stated that in keeping with Director Henry Hodge's vote, to keep a clincher on this. Mr. Carpenter stated that was out of order because the measure did not pass. Director Hendrix stated she did not hear a motion from Director Cazort stating his intent to rescind the vote. Director Cazort said he was just stating his intent to make that motion in two weeks. 25. ORDINANCE NO. 20,062 - Z-8367 — Approving a Planned Zoning Development and establishing a Planned Office District titled BCD Empowerment Center Short -Form POD, located at 3604 West 12th Street, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes, 4 nays, o absent, 1 open position. Staff recommends denial. Synopsis: The request is a rezoning of the site from R -3, Single- Family and R -4, Two - Family to POD to allow the multi - phased construction of a new residential treatment facility to serve twenty-four (24) males and twenty -four (24) females along with the associated ancillary facilities and office space. Mr. Carney overviewed the development and stated that staff is opposed to the rezoning due to it encroaching the residential component of the neighborhood. He said staff encourages development along the 12'h Street Corridor, but not into the neighborhood. There is a concern by staff that this could negatively impact this single - family residential area. Director Cazort made a motion, seconded by Director Kumpuris to place a thirty- minute limit per side on the discussion. Sixty -two people submitted cards to speak regarding the development. Most of the speakers who favored the new facility were clients, present and past, and others who had been in one of the many programs that the Black Community Developers offer. Maudella Morehead turned in petitions and letters against the center from the neighborhood associations and real estate professionals, stating there were enough of these facilities in this vicinity. Mr. Ted Adkins, who lives in the neighborhood, said that while he understood the need for more rehabilitation centers, asked what if one person who goes to this center slides back against the kids. He stated he was opposed to the development, and feared for the children in the neighborhood. Ms. Linda Hammonds stated she believed they have contributed their fair share to the rehabilitation services in the area. She was not opposed to the programs or the services, but there were already such services in the neighborhood for this type of use and asked what safeguards are in place for this kind of use. Mamie Williams applauded Reverend Robinson's work, but this facility was not good for this neighborhood. Jeanette Booth said they live in the neighborhood and have endured what no other neighborhood has had to endure. Nancy Robinson did not feel like putting this in the neighborhood, was unsure what crimes people do, and was against this project. M. Killingworth said she has been a resident of this neighborhood for forty years and the neighborhood has gone down. She wanted to know why they wanted to put this facility in this neighborhood when they already had so many. Debbie Strickland, Director of the Florence Crittenden Home, had concerns over the confidentiality of the children. She was concerned that the parents could possibly be in treatment, and being in close proximity, they could not supervise things outside their home. Mr. Kenneth Sharp said he is a product of an institution like this. He thought this program had been good for him. Mr. Charles Carloss said he had been on drugs for thirty years and today has a responsible job. He said the program is more than recovery; the facility is to help people do the right thing. A place where people can go to get some help. Several people spoke in favor saying the program was a "lighthouse for lost souls ", and thought the programs offered by BCD (Black Community Developers) were effective. Ms. Daphney Ragland said that the kind of programs offered by BCD turned her life around. Director Hendrix questioned who, of those present, lived 6 Minutes of the Little Rock Board of Directors Meeting December 2, 2008 6:00 PM in this neighborhood and approximately thirty people stood in response. Director Ken Richardson felt that the 12th Street development would revitalize human capital and address social ills; and the Empowerment Center would have a positive return as a result. Director Cazort announced that in looking over the petitions turned in, there were ninety-six in the packet and seventy-eight lived nowhere near this location. The Board recessed for a break at 8:15 PM. Mayor Stodola called the meeting back to order at 8:35 PM. Mr. Tom Carpenter, City Attorney, disclosed that during the recess he had a conversation with Director Richardson and needed to state for the record, that Mr. Ken Richardson works for an agency that does evaluations for city programs, but that he holds no financial interest in the outcome of this program. The city's conflict code states that if the person does not have such interest, that it would cause a conflict of interest, but that this statement is supposed to be made for the record. Director Richardson stated that his agency, New Futures for Youth, has no relationship with the evaluation and monitoring of the support center functions or treatment functions provided by BCD, and there is no conflict of interest. Barry Williams, architect for the project, and Deborah Bell, Director of Programs for BCD, made a presentation to the Board of Directors. Mr. Williams said the Empowerment Center will provide the following spaces: administrative office, office for four potential partners, computer lab, wellness center, community rooms, commercial kitchen, auditorium and dining room (which will seat one hundred), a fitness room, classroom /training center, male dormitory, female dormitory and a lounge. Mr. Williams said that the development would be constructed in two phases with the residential treatment component in the first phase. He said it is a living and learning center. He said that twenty-four men and twelve women would be housed at the site. He stated the educational component of the Empowerment Center would provide educational and training opportunities which met the goal for the future desires of development of the 12`h Street Corridor. He stated that the properties being considered for development were five vacant lots, five uninhabited structures and three residencies. He said the school bus stops could be relocated to ensure the safety of the children. He said a courtyard would be fenced to keep the clients secure as well as the residents. He said the development of the site would add value to the neighborhood and not take away from property values. He said that the BCD had constructed twenty four new homes in the area and did not feel BCD would do anything that would negatively impact the area. He said there were not enough jails and prisons to hold all the convicted persons for drugs and alcohol and centers such as this are necessary to keep the jail system at a manageable level. Ms. Deborah Bell addressed the Board saying that the facility was relocating from Hoover House to this site and there would not be a duplication of services. She stated that, based on National Marketing Models, facilities worked best when placed within a residential neighborhood and not in areas away from interaction. She stated that BCD operated programs for youth as well as the rehabilitation service. She said they provide services which did not interfere with other programs offered. Reverend Robinson spoke saying that there were a number of residents who were experiencing the "Not in my backyard" syndrome. He said the location was an appropriate location. There was lengthy two hour discussion between the developer, the director of programs for BCD and the Board of Directors. Director Hendrix said this has been a trying experience for her and had spoken with both sides. She stated that she had told both sides that she would be consistent when it is time to vote. Director Wyrick asked staff how many of these facilities were in the area. Mr. Carney, Zoning Manager, said they looked in the four to five block areas and there are four or five similar uses. Director Richardson said none of the others are licensed treatment centers in the area. Mr. Carney said he did not know the F] Minutes of the Little Rock Board of Directors Meeting December 2, 2008 6:00 PM answer to that. Director Adcock said this project seems to overpower everything in this community, and looks at it as if it were in her own community and could not support this. The following people filled out cards in support for the project. Charles Carloss, KonCheda Hammock, Stanley Jones, Brandi Jackson, Cordelia Tate, William Murray, Michael Nelson, Brandon Craig, Joel Vance, Kenneth Grimes, Randal Harper, Carey James, Michael Sanders, Deborah Bell, Eric Gustetson, Charles Vann, Wilbur Brown, Franklin Wagner, Dorothy Lloyd, Evelyn McDaniel, Freddie Hinton, Helen Miller, Robert Calhoun, Demoreo Davis, Charles Young, Thomas Harvey, Bryan Gillespie, Edna Jackson, Candice Hinton, Kura Cobb, Chrissie Clemens, Tammie Wright, Kathleen Ballinger, Andrea Wilson, Jannette Detrinidad, Monica Brown, Marcenia Young, Dwana Mitchell, Tommy Anderson, Russell Lewis, III, Julia Anderson, Clifton Gay, Willie Gray, Willie Pittman, Jimmy Jones, Angela Bailey, Vincent Hightower, Kim Blackshue, Mary Rose, Charles Young, Jr., Christopher Dismuke, Howard Benton, Genigia Morris, Ben L. King, Aaron Culp, Nicholas Berg, Wendell Foster, Anthony Rogers, Jerelle Williams, William Gordon, William Mutton, and James Seales. Those in opposition were: Linda M. Hammond, Ted Adkins, M. Killingsworth, Nancy Robinson, and Debbie Stripling. The ordinance was read the first time. A motion was made by Director Cazort, seconded by Director Kumpuris. A voice vote was called on the motion. Several people were for and several against. Mayor Stodola asked for a roll call vote on the motion. The roll call was recorded as follows: Director Richardson, Cazort, Kumpuris and Fortson voted in favor, Directors Hendrix, Hurst, Wyrick and Adcock voted in opposition. The motion failed. The item will be left on first reading to be taken up in two weeks. A motion was made by Director Cazort, seconded by Director Richardson, to adjourn. By unanimous voice vote of the Board members present the meeting was adjourned. ATTEST: Gram !.t!%&" Nan 6y Wood ( City Clerk, CMC APPROVED: i K Mark Stodola Mayor