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HomeMy WebLinkAbout07-07-09Little Rock Board of Directors Meeting July 7, 2009 6:00 PM Little Rock Board of Directors Meeting July 7, 2009 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting with Mayor Mark Stodola presiding. Acting City Clerk Susan Langley called the roll with the following Directors present: Hendrix; Hurst; Cazort; Keck; Wright; Wyrick; Kumpuris; Adcock; Vice Mayor Fortson; and Mayor Stodola. Director Richardson was absent. Director Keck delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS W.J. Monagle, Workforce Investment Board Executive Director: Personally invited the Board to the grand opening of the new Workforce Center. DEFERRALS 12. ORDINANCE: To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances Entitled "Landscaping and Tree Protection "; and for other purposes. staff recommends approval. (Deferred to August 18, 2009) Synopsis: City Staff and the City Beautiful Commission are proposing various amendments to the City's landscape ordinance. Many of the changes are "clean -up" in nature. Others will change various standards and criteria, resulting in enhanced landscape standards and higher quality developments. Director Keck made the motion, seconded by Director Adcock, to defer Item 12 until August 18, 2009. By unanimous voice vote of the Board Members present, Item 12 was deferred until August 18, 2009. CONSENT AGENDA (Items I - 5) 1. MOTION: To approve minutes of the Little Rock Board of Directors Reconvened Meeting of April 14, 2009. 2. MOTION; Z -8451: To set the date of public hearing for July 21, 2009, on an appeal of the Planning Commission's approval of a Conditional Use Permit to allow placement of a multi - sectional manufactured home on each of the two (2) R -2 zoned lots located north of 10716 Garrison Road and south of 10922 Garrison Road. Planning Commission: 8 ayes; 2 nays; and I absent. Staff recommends approval of the Conditional Use Permit. Synopsis: A record objector is appealing the Planning Commission's approval of a Conditional Use Permit to allow placement of a multi - sectional manufactured home on each of the two (2) R -2 zoned lots located north of 10716 Garrison Road and south of 10922 Garrison Road. Little Rock Board of Directors Meeting July 7, 2009 6:00 PM 3. RESOLUTION NO. 12,994: Authorizing the City Manager to enter into a contract with James Lee Witt and Associates to provide lobbying service; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with James Lee Witt and Associates to provide assistance with Federal lobbying and Federal grant procurement. The Little Rock Port Authority will partner with the City in this contract. 4. RESOLUTION NO. 12,995: To authorize the grant of an easement for 0.63 acres more or less in the right -of -way with possibility of reverter to Central Arkansas Water for a waterline; to authorize the Mayor to sign a Right -of -Way Instrument; and for other purposes. Staff recommends approval. Synopsis: Authorizes the Mayor to sign a Right -of -Way Instrument to Central Arkansas Water so they can construct a waterline neutral. 5. RESOLUTION NO. 12,996; G -23 -409: To set the date of public hearing for July 21, 2009, for the partial Right -of -Way Abandonment of Capitol Avenue. Planning Commission: 10 ayes; 0 nays; 1 absent. Staff recommends approval. Synopsis: The adjacent property owner is requesting to abandon the north 0.3 foot of the eighty (80) -foot wide West Capitol Avenue right -of -way adjacent to Lot 7, Block 252, original City of Little Rock (900 West Capitol Avenue). Director Adcock made the motion, seconded by Director Cazort, to adopt the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was adopted. CITIZEN'S COMMUNICATION Ms. Iola Phillips, 3106 Bishop Street: Stated that every year she called the City to come out and cut the vacant lot which is located next to her property. Ms. Phillips asked that someone come and cut the lot. Mayor Stodola stated that he had several cards from individuals that wanted to speak regarding the possibility of locating the Homeless Day Center in the old Job Corps Building located at 21St and Vance Streets. Mayor Stodola stated that this was an issue that would need to come before the Board at some time. Mayor Stodola indicated that in May, the General Services Administration deemed the building to be available for surplus property and that there was a priority given on the disposition of Federal surplus property to municipalities to deal with the issues of homelessness. Mayor Stodola stated that staff would begin the analysis to determine if the building was suitable for many perspectives. Director Hendrix asked if staff could enter the building or conduct an inspection without the approval of the Board. City Attorney Tom Carpenter stated that no action had been taken by the staff, and that no official action could be taken without the approval of the Board. Assistant City Manager Bryan Day stated that staff had not entered the building and had only looked at background information. Assistant City Manager Day stated that the one component that was missing was an environmental study to determine if the 2 Little Rock Board of Directors Meeting July 7, 2009 6:00 PM building was safe and sound, and approval from the Board was needed before staff could proceed with having the study conducted. Carol Tabron, President of the Pettaway Neighborhood Association: Stated that she was opposed to the location of a large Homeless Day Center in the middle of a residential neighborhood. Morris Holmes: Stated that he felt the Mayor was moving with great speed to locate the Homeless Day Center at 21s' and Vance Streets. Mr. Vance stated that the location had been described as being located directly on the Interstate; however, it was located in the middle of a residential neighborhood with no access to the Interstate. Barbara Brown Smith: Stated that there did not need to be any consideration of a Homeless Day Center in a residential area, no matter where the neighborhood was located. Dr. Carolyn Turturro: Dr. Turturro stated that she was a professor at the University of Arkansas at Little Rock (UALR) in the School of Social Work and Gerontology and for the past ten (10) years, she had worked with agencies that served the homeless. Dr. Turturro stated that she was in support of utilizing the Job Corp Building as a Homeless Day Center. David Deer: Stated that he had served on the Mayor's Taskforce on Homelessness, and thanked the City for the steps had been taken to -date in dealing with the homeless issue. Mr. Deer stated that several locations had been identified in the past; however, none of them had been acceptable. Mr. Deer encouraged the Board and the residents to take a look at the Homeless Day Center that is presently located in North Little Rock, to see how well it has worked. Sandra Wilson, Arkansas Homeless Coalition: Stated that she had worked with the homeless for approximately sixteen (16) years. Ms. Wilson stated that she felt that homeless people were stereotyped and that all were not drug- addicts or alcoholics. Ms. Wilson stated that approximately 1,500 children enrolled in the Little Rock School District were in fact homeless. Ms. Wilson stated that she embraced what the neighborhoods were saying; however, she felt that the issues could be worked out. Stephanie Fields: Ms. Fields stated that she was the Granite Mountain Neighborhood Improvement Association President and her concern was that the neighborhood had already had to survive so much in the past. Ms. Fields stated that the neighborhood had a large number of elderly residents and they were concerned about their own safety and well- being. Lacretia Diaz: Ms. Diaz stated that she was the President of the Hanger Hill Neighborhood Association, and that one of the major problems they experience was the transients moving throughout the neighborhood. Ms. Diaz stated that the residents of the neighborhood were concerned about where the individuals utilizing the Day Resource Center would go during the evenings when the center was closed. Alan Seibert: Stated that the Job Corp Building would be an excellent location for a Homeless Day Center. Director Adcock asked that staff schedule a field trip to River Cities Ministries for any Board Members or neighborhood residents that would like to tour the facilities. 3 Little Rock Board of Directors Meeting July 7, 2009 6:00 PM GROUPED ITEMS (Items 6 —15) Director Adcock asked that Item 13 be read separately. 6. ORDINANCE NO. 20,124; Z -8453: Reclassifying property located 1423 Oak Street in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. Synopsis: The owner of the 0.14 -acre property located at 1423 Oak Street is requesting that the zoning be reclassified from C -3 to R -3. 7. ORDINANCE NO. 20,125; Z- 6019 -E: Approving a Planned Zoning Development and establishing a Planned Commercial District titled Chenal Valley Tract 13 Long -Form PCD, located on the southwest corner of LaGrande Drive and Chenal Parkway, 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; and 2 absent. Staff recommends approval. Synopsis: The applicant is proposing a rezoning of the site from PCD and 0-2, Office and Institutional District to PCD to allow for construction of two (2) restaurant buildings and a single two (2) -story office building. 8. ORDINANCE NO. 20,126; LU- 09- 24 -01: To amend the Land Use Plan (16,222) in the Sweet Home /College Station Planning District from Residential Low - Density to Residential Medium - Density; and for other purposes. Planning Commission: 9 ayes; 0 nays. Staff recommends approval. Synopsis: A Land Use Plan amendment in the Sweet Home /College Station Planning District from Residential Low - Density to Residential Medium - Density for future development. 9. ORDINANCE NO. 20,127; Z -8432: Approving a Planned Zoning Development and establishing a Planned Residential District titled Jones Street Short-Form PD -R, located at 4001 — 4015 Jones Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; o nays; and 2 absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning from AF to PD -R to allow for the construction of twelve (12) units of Multi- Family housing on this site. 10. ORDINANCE NO. 20,128: 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 Frazier Pike. Staffrecommends approval. Synopsis: Authorizes a deferral of construction of approximately 110 feet of one -half street improvements along Frazier Pike as required under the Master Street Plan for five (5) years, or until adjacent property is developed, whichever occurs first, for the property located east of Jones Street on south of Frazier Pike. 11. ORDINANCE NO. 20, 129; Z- 2326 -B: Approving a Planned Zoning Development and establishing a Planned Commercial District titled G & S Insulation Short-Form PCD, located at 6620 South University Avenue, Little Rock, Arkansas, amending the Official !! Little Rock Board of Directors Meeting July 7, 2009 6:00 PM Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. Synopsis: The applicant is proposing a rezoning of the site from C -4 Open Display District and R -2, Single - Family to PCD to allow for the construction of a new warehouse building on the site. The rear 140 feet located along Mabelvale Pike will remain zoned R -2, Single - Family. 14. ORDINANCE NO. 20,131: To ratify the levying of a $20.00 fine on persons found guilty of, or pleading guilty or nolo contendere to, or forfeiting bond for any misdemeanor or traffic violation in the District Courts of Pulaski County as enacted by the Pulaski County Quorum Court in Ordinance No. 09 -OR -22 (filed April 30, 2009); declaring and emergency; and for other purposes. Staff recommends approval. Synopsis: The Legislature authorized municipalities and counties to increase the fine for certain defendants from $5.00 to $20.00 in Act 209 of 2009. The Pulaski County Quorum Court enacted an ordinance that increased the fine to $20.00 in the district or City Courts of the County in Pulaski County Ordinance 09- 011-22. It is effective July 1, 2009. The ordinances were read the first time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a second time. Director Adcock made the motion, seconded by Director Keck to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a third time. By unanimous voice vote of the Board Members present, the ordinances were approved. By unanimous voice vote of the Board Members present, the emergency clause for Item 14 was approved. SEPARATE ITEMS (Items 13 and 15) 13. ORDINANCE NO. 20,130: To amend Section 1 -9 of the Code of Ordinances to increase the penalties for violation thereof as authorized by Act 341 of 2009; declaring an emergency; and for other purposes. Staff recommends approval. Synopsis: The Legislature authorized municipalities to increase the penalties for violation of City Ordinances in Act 341 of 2009. This ordinance amends City Code Section 1 -9 (c) to increase the amounts as it is not automatic. The ordinance was read the first time. Director Keck asked when the last time there was an increase in penalties. City Attorney Carpenter stated that the last increase in penalties went back before the 1962 code. City Attorney Carpenter stated that in the last session of the Arkansas General Assembly, the amounts were increased and that the Mayor had asked staff to draft an ordinance. Director Keck asked if the ordinance would mandate what the penalties were. City Attorney Carpenter stated that the ordinance was a maximum range; not a mandate. Director Adcock made the motion, seconded by Director Keck, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director 5 Little Rock Board of Directors Meeting July 7, 2009 6:00 PM Keck made the motion, seconded by Director Adcock to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. By unanimous voice vote of the Board Members present, the ordinance was approved. By unanimous voice vote of the Board Members present, the emergency clause was approved. 15. ORDINANCE NO. 20,132; Z -8458: Approving a Planned Zoning Development and establishing a Planned Commercial District titled Christian Brother's Automotive Short Form PD -C, located in the 15500 block of Chenal Parkway, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes; 3 nays; and 2 absent. Staff recommends denial. Synopsis: The applicant is proposing a rezoning of the site from 0-3, General Office District to PD- C to allow Christian Brothers Automotive Center to construct a new 5,015 square foot building on the site. The ordinance was read the first time. Director Keck stated that he understood that for the first three (3) months the facility would be open on Saturdays. Director Keck asked if the facility would be open any Saturday after the initial three (3) months. Mr. Bozynski stated that 120 days after the Certificate of Occupancy was issued, the facility would be closed on Saturdays. Director Keck asked if there was a potential for another development that would require a third driveway within approximately 450 — 500 feet. Mr. Bozynski stated that the property to the east was included in the plan development for Walgreen's. Mr. Bozynski stated that according to the site plan, there was a possibility of providing an access easement from the property; however, the parcel to the east would have to utilize the existing driveways. Director Keck stated that previously there had been a proposal included in the Master Street Plan for Kanis Road to turn and intersect somewhere along in this area. Director Keck asked if the development would be impacted by the proposal. Mr. Bozynski stated that it would not be impacted. Director Cazort asked why staff recommended denial of the ordinance. Mr. Bozynski stated that staff did not feel that this location was appropriate for an auto repair facility. Mr. Bozynski stated that the Land Use Plan recognized this area for neighborhood commercial, and staff felt that this use was too intense. Director Cazort made the motion, seconded by Director Keck, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Keck made the motion, seconded by Director Adcock to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. By voice vote of the Board Members present, the ordinance was approved. in Little Rock Board of Directors Meeting July 7, 2009 6:00 PM EXECUTIVE SESSION (Item 16) 16. RESOLUTION NO. 12,997: To ratify appointments of appointments of Charlotte Bradbury, John Fletcher, Marla Johnson Norris, Terri Snowden, Dr. Ricardo Sotomora, and Mary Ellen Vangilder and the re- appointment of Sharon Bailey, Cindy Feltus and John Meyer to the Arkansas Arts Center Board of Trustees. Synopsis: Appointment of Charlotte Bradbury to serve her first four (4) -year term to expire on June 30, 2013. Appointment of John Fletcher to serve the unexpired term of Francis Frantz to expire on June 30, 2010. Appointment of Marla Johnson Norris to serve her first four (4) -year term to expire on June 30, 2013. Appointment of Terri Snowden to the unexpired term of Hugh McDonald to expire on June 30, 2011. Appointment of Dr. Ricardo Sotomora to serve his first four (4) -year term to expire on June 30, 2013. Appointment of Mary Ellen Vangilder to serve her first four (4) -year term to expire on June 30, 2013. Re- appointment of Sharon Bailey to serve her first four (4) -year term to expire on June 30, 2013. Re- appointment of Cindy Feltus to serve her second four (4) -year term to expire on June 30, 2013. Re- appointment of John Meyer to serve his first four (4) -year term to expire on June 30, 2013. A motion was made by Director Cazort, seconded by Director Adcock, to accept the appointments. Director Wyrick asked if the Boards and Commissions that bring their appointments to the Board for ratification would be under the same charge to meet the goal of proportionate minority participation. City Attorney Carpenter stated that the resolution would apply to all City Boards and Commissions; however, it would be up to the Board to approve or disapprove approval of those nominations. By unanimous voice vote of the Board Members present, the appointments were accepted. Director Hendrix made the motion, seconded by Director Kumpuris, to add to the July 21, 2009, Board Agenda, a resolution stating that the Little Rock Job Corps Building was inappropriate for a Homeless Day Resource Center (It was previously discussed that the placement for this resolution would be on the August 3, 2009, Board Agenda). By roll call vote of the Board Members present, the votes were as follows: Ayes: Hendrix; Hurst; Keck; Wright; Kumpuris; and Vice Mayor Fortson. Nays: Cazort; Wyrick; and Adcock. Absent: Director Richardson. By a vote of 6 ayes; 3 nays; and 1 absent; the motion was approved. A motion was made by Director Keck, seconded by Director Cazort, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. 7 Little Rock Board of Directors Meeting July 7, 2009 6:00 PM ATTEST: AKD usan L g ey c in ity Clerk APPROVED: Alla Mark Stodola, Mayor