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06-01-04Little Rock Board of Directors Meeting June 1, 2004 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham June 1, 2004 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Pugh, Vice Mayor Hinton, Keck, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey, Graves. Director Keck and Director Adcock were absent. Mayor Dailey gave the invocation. which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications to the agenda: A motion was made by Director Cazort made the motion, seconded by Vice Mayor Hinton to make the listed modifications to the agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the motion carried. ADDITIONS PRESENTATION River Market Public Art Project — Director Kumpuris updated the Board regarding the plans for ensuring visitors and citizens will enjoy five pieces of sculpture, which were presented via PowerPoint Presentation Slides. He stated the money is being collected now, and individuals in the City have promised the money. It fits into the design which was passed as part of the bond issue, and will realize the barrier the interstate makes and will have a way of making this section a transition zone. Director Kumpuris stated these sculptures are a gift to the city, and have been reviewed by the Board and the City Manager. Director Kumpuris stated that Janie DeDecker did three of the sculptures and she would be coming in when the sculptures are placed. Carol Gold sculpted one of the pieces, which has been featured on the cover of Southwestern Art, a yearly publication. One piece of sculpture is a large bronze eagle, which will be located at the entrance to the Presidential Library Park. Director Kumpuris acknowledged the work and hours Mr. Skip Rutherford, President of the Clinton Library Foundation has put forth. M -1. RESOLUTION NO. 11,759 - To authorize the City Manager to extend a contract with Ben E. Keith Food Distribution for one year, and for other purposes. Synopsis: The contract is being extended to provide food products for the Special Nutrition Programs Summer Food Service Program. Mayor Dailey announced that the Mr. Carpenter, City Attorney, based on potential litigation, suggested this item be deferred for two weeks. The attorney representing the applicant concurred with Mr. Carpenter's opinion. Little Rock Board of Directors Meeting June 1, 2004 6:00 PM 16. ORDINANCE - S- 1100 -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 a reduced front lot width on selected lots, a variance to allow a reduced minimum of square footage on selected lots, a variance to allow a reduced front yard building line on selected lots for the Capital Lakes Estates Tract -A — Governors Manor — preliminary plat located north of Capitol Hills Boulevard at Rushmore Avenue. Planning Commission: 7 yes, 3 no. Staff recommends approval. Synopsis: The applicant is requesting the variances from the Subdivision ordinance in developing 9.12 acres with 45 single - family lots. Deferred to June 1, 2004 at applicant's request. The item was deferred to June 15, 2004. PRESENTATIONS: City Beautiful Commission — Landscape Awards Kick -off (June 1, 2004) — Mr. Tim Heiple, Chairperson for the City Beautiful Commission. . The Consent Agenda consisted of Items 1 -9 and M -1, listed above. 1. RESOLUTION NO. 11,760 - Z- 6554 -B - To set the date of public hearing for June 15, 2004 to revoke the existing PCD zoning, located at the northwest corner of Bowman and Kanis Road reverting the property to its original C -3, with conditions zoning. Planning Commission: 11 yes, 0 no, Staff recommends approval of the requested revocation. Synopsis: The applicant requests that the existing PCD zoning be revoked and the property revert to its original C -3, with conditions zoning. 2. RESOLUTION NO. 11,761 - Authorizing use of Eminent Domain on the Fair Park Boulevard Project (Interstate 630 to 12th Street). Staff recommends approval. Synopsis: Authorizing use of eminent domain for five (5) parcels of land on the Fair Park Boulevard (Interstate I -630 to 12th Street) Project. Local match funds for acquisition are available from 1988 bond funds in account 301 - 220 -0065. 3. RESOLUTION NO. 11,762 - G -23 -189 — To change the name of Collins Street, from Presidential Clinton Avenue to East 3`d Street to Mahlon Martin Avenue. Staff recommends approval. Synopsis: The City of Little Rock is requesting to change the name of Collins Street, between East 2nd and East 3rd Streets to Mahlon Martin Street, in honor of a past City Manager. The name change will be extended to the block of Collins Street, between East 2nd Street and President Clinton Avenue, once that street is rebuilt for 2 -way traffic. 4. RESOLUTION NO. 11,763 - G -23 -190 — To change the name of 20th Street, from Interstate 30 to University Avenue to Charles Bussey Avenue. Staff recommends approval. Synopsis: Alonzo and Wanda Davis have filed an application asking that 20th Street between Interstate 30 and S. University Avenue, be renamed Charles Bussey Avenue in honor of a past mayor of the City of Little Rock. 2 Little Rock Board of Directors Meeting June 1, 2004 6:00 PM 5. RESOLUTION NO. 11,764 - To set the date for a public hearing to be held July 20, 2004 to call for an island annexation (George Island Annexation) for the area in Section 15, T -2 -N, R -14- W surrounded by the City limits. ) Synopsis: Arkansas State Law (Act 314 of 1979) required the City Board of Directors to schedule a public hearing within sixty days of the request to hear comments on the proposed island annexation. 6. RESOLUTION NO. 11,765 - Authorizing the Mayor and City Clerk to execute appropriate documents to transfer certain real property to Sprint Communications LP for a utility easement, and for other purposes. Staff recommends approval. 7. RESOLUTION NO. 11,766 - To approve the transfer of real property owned by the City currently held for the Little Rock Sanitary Sewer Committee and to authorize the Mayor and City Clerk to execute any necessary documents. 8. RESOLUTION NO. 11,767 - To allow the City Manager to enter into contact with L.E.G. Enterprises, Inc. for installation of Loops within various wards, at a cost of $126,929. A 2004 Bond Project. 9. RESOLUTION NO. 11,768 - To authorize the City Manager to enter into a contract with Tennant Sales and Service Company for the purchase of one High Side Dump Mechanical Sweeper for the Public Works Department in the amount of $156,104.34. The Consent agenda consisting of Items 1 -9 and Item M -1. The Consent Agenda was read Mayor Dailey recognized the two men who were being honored by the renaming of two streets in their honor. Collins Street, from Presidential Clinton Avenue to East 3 Street will be renamed Malon Martin Avenue in honor of Mr. Malon Martin, who served over twenty years as an employee or staff member of the City of Little Rock, the first African American City Manager serving 1980 —1983, also serving under Governor Clinton as Director of Arkansas Department of Finance and Administration, was recognized by President Clinton in a beautiful ceremony for the naming of the Malon Martin Apartments on Main Street. 20th Street, from Interstate 30 to University Avenue will be renamed Charles Bussey Avenue. In honor of Mr. Charles Bussey who was elected the Little Rock Board of Directors in 1969 as the first African American to be elected in the state of Arkansas since reconstruction. In 1981 he was elected mayor by his fellow City Board members and became the first African American Mayor in Little Rock's history. Mr. Bussey continued his service to the City for over twenty years. Director Hinton, seconded by Director Pugh, made a motion to adopt the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted. The next consideration on the agenda was Citizens Communications. Speaker: Janet Berry Little Rock Board of Directors Meeting June 1, 2004 6:00 PM Topic: The improvement of the process of notification of neighborhood associations of businesses requesting liquor permits. The Grouped Items consisting of Items 10 -14 were the next consideration. 10. ORDINANCE NO. 19,117 - Z -7621— Reclassifying property located in the City of Little Rock, Arkansas located at 2203/2225 Barrow Road, from R -2 to 0-3 and OS; amending the official zoning map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 yes, 0 no, Staff recommends approval. Synopsis: The owners of the two (2) 5 acre tracts at 2203/2225 Barrow Road are requesting to rezone the property from R -2 Single Family District to 0-3 General Office District. 11. ORDINANCE NO. 19,118 - Z-7595 — Approving a planned zoning development and establishing a planned office district titled Magness — Short Form POD located at the southeast corner of Aldersgate Road and West 18th 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: 11 yes, 0 no, Staff recommends approval. Synopsis: The owners of the 0.32 - acre property at the southeast corner of Aldersgate Road and West 18th Street are requesting to rezone the property from R -2 to POD. 12. ORDINANCE NO. 19,119 - LU- 0319 -02 — To amend the land use plan (16,222) in the Chenal Planning District from Single - family Multi - family, and Office to Neighborhood Commercial, Park/Open Space, Public Institutional, Low Density Residential and Office; and for other purposes. Staff recommends approval. Synopsis: Land Use Plan Amendments in the Chenal Planning District from Single Family, Multi- family, and Office to Neighborhood Commercial, Park/Open Space, Public Institutional, Low Density Residential and Office. 13. ORDINANCE NO. 19,120 - Z- 4807 -E — Reclassifying property located along the east side of Kirk Road north of Chenal Parkway from Various Districts to R -2, MF -6, MF -18, 02 and C -1. Planning Commission: 10 yes, 0 no, I absent. Synopsis: The owner of the 120 acres of property located along the east side of Kirk Road, north of Chenal Parkway, is requesting to rezone the majority of the property from Various Districts to R -2, MF -6, MF -18, 02 and C -1. 14. ORDINANCE NO. 19,121 - To call a Special Election on August 17, 2004, on the question of extending the existing annual ad valorem tax levy at the rate of one (1.0) Mill for the acquisition, construction and equipping of land and capital improvements for the City's public libraries; said ad valorem tax to be pledged to an issue or issues of bonds of the City of Little Rock, Arkansas issued under amendments No. 30 and 72 to the constitution of the State of Arkansas and Act 920 of 1993, not to exceed $25,000,000 in aggregate principal amount, to refund two outstanding issues of capital improvement bonds and to finance the cost of acquiring constructing and equipping land and additional capital improvements for the public city libraries operated by the City of Little Rock and the Central Arkansas. Library System; prescribing other matters pertaining thereto; and declaring an emergency. 4 Little Rock Board of Directors Meeting June 1, 2004 6:00 PM The ordinances (Items 10 -14) were read the first time. Motions were made by Director Hurst, seconded by Director Cazort to place the items on second and third readings. 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 and third times. By unanimous voice vote of the Board members present, being two - thirds in number the ordinances and emergency clause (Items 10 -14) passed. The Separate Items, 15-17, were considered as follows: 15. ORDINANCE - Z- 7500 -A - Approving a planned zoning development and establishing a planned commercial district tiled Rees Development Long Form PCD located north of Cantrell Road west of Pinnacle Valley Road 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 yes, 0 no, 1 absent. Staff recommends denial. Synopsis: The applicant proposes to rezone the site from R -2, single Family, to PCD to allow the development of two buildings one a retail center and the second an office warehouse building. Mr. Tony Bozynski, Planning Director, stated that late today, staff had received a revised site plan for this proposed development. He stated he was of the opinion that the applicant wanted to go back to the site plan that was approved by the Little Rock Planning Commission. Mr. Bozynski explained that this was basically an amended application that removed a third building on the rear of the property. The revised plan received today showed the two remaining buildings to be increased in size, the back building by about 4000 square feet and the front building, which is primarily retail, approximately 1500 square feet, plus some additional parking. Director Cazort stated that to be consistent with what the Board has done in the past, if they are here with an amended plan, the item would need to go back to the Planning Commission. Director Wyrick asked Mr. Bozynski what the staff recommendation is on the plan received today. Mr. Bozynski stated that Staff still recommends denial, the concern being that the intensity of the uses on this property especially the retail aspect, the proposed front building which is approximately twenty - three or twenty -four hundred square feet, the applicant has indicated C -3 uses, and feel that is beyond the scope of what the transition zone, which is what the land use plan for this area allows. Mayor Dailey asked the applicant to clarify the revised plan. Mr. Rees, the applicant, stated they wanted to go back to the same building structure they originally had and the only change is that they added additional parking in the front because of the commercial aspect of the front building, and would adhere to all parking requirements and overly as specified for Highway 10. The back building would be reduced back down to what was approved the Planning Commission, so the buildings would be exactly as the Planning Commission approved it. The only change, becseu of the commercial aspect of the front building, is that they would like to have the extra row of parking which is really needed for commercial use. Director Graves asked if the applicant goes back to the site plan that was approved by the Planning omission, is staff still recommending denial. Mr. Bozynski stated they were. Director Graves asked why the Planning Commission had a unanimous vote for the application, and staff recommended denial, that it was unusual for this to happen. Mayor Dailey stated that staff had received a note form Mr. Moore that addressed why the Planning Commission had voted in support of the application. Mr. Mizan Rhaman, Planning Commission Chairman, stated that he recalled there was considerable discussion regarding the issue, and the applicant agreed to Little Rock Board of Directors Meeting June 1, 2004 6:00 PM remove one of the main buildings that caused the most concern, from the Planning Commission's standpoint, and that the remaining buildings were of a less intense use. Mayor Dailey stated obviously if they are expanded, that gets a little more intense, but understood the applicant was willing to forgo that. The adjacent property owner advised the commission that the development would help the entire area, and based on his and the fact the applicant agreed to several of the other conditions requested by staff, the Commission felt the PCD was appropriate for this area. Mr. Bozynski stated he recalled that the applicant did address one of the concerns and that was the development intensity by removing the third building, but their concern was still with the overall use of the property, especially the proposed C -3 uses of the building that fronts on Hwy 10. Mr. Rees stated his recollection of what happened when in front of the Planning Commission, was that he understood the main problem was the back building. He stated he agreed to remove it if that was the problem with the staff recommendations. Mr. Rees stated they were planning on having general C -3 type commercial uses, such as ice cream parlor, a movie, a restaurant, furniture store. He stated there is commercial on both sides of this property, and it is a large commercial node at Taylor Loop and Highway 10. Director Cazort asked if the applicant had an updated drawing of what the applicant had submitted tonight. Mr. Rees presented to the Board the revised plan. Director Hurst asked Mr. Carpenter if the Planning Commission approves a POD and then it comes to the Board with minor changes such as number of parking spaces, could the Board approve it and those changes are made or does the item need to go back to the Planning Commission? Mr. Carpenter, City Attorney, stated that what the Board has done is send them back. He stated that saying a parking space is a minor change, is something that was giving him a problem, because he stated he did not know that a sparking space is a minor change. He said it has been required of some developers to come back in and start the process again because their parking spaces were cut in half by a lot line that wasn't really there. Director Hurst asked Mr. Carpenter if he thought this item needed sent back. Mr. Carpenter stated he felt the Board did not need to act tonight. He stated based on what he had heard, there were changes, and then there were not changes, and then this is the only change being made, and one Planning Commissioner giving as statement to the Mayor as to what the objection was, but there is more than one Planning Commissioner the same as there is more than one director. Mayor Dailey stated the statement was actually given to the City Manager, but that he was glad to have read the report that was given. Ms. Mary Beth Ringgold, speaking in support of the application, stated that there were a number of concerns, one being that the applicant removed the third building, and the second regarding the intensity, saying they went through the same process almost seven years ago, and the Planning Commission stated even then that it doesn't matter if the business is selling cheeseburgers or furniture it is a commercial situation and granted it's a node but it's a large node from Kroger to Walgreen's and what is going to be another restaurant development and David Claiborne is a large node itself and the other node is the piece of property being discussed. She said she had multiple reasons for being present tonight, one being that if this passes it will help her get parking (Capers Restaurant), and which at the present is really a problem. Regarding the scenic aspect, she stated they were awarded the City Beautiful Award for their landscaping and exceeded everyone's expectations. She stated she would look forward to some nice clean commercial development. She stated everything around this node is commercial. Mayor Dailey stated he thought the question before the Board is whether to act on this tonight, or whether as Mr. Carpenter has suggested, it may need to be deferred a couple of weeks to see if there is something that can be clarified so the Board can be clear what is being acted on. Director Graves asked Mr. Carpenter if parking was Little Rock Board of Directors Meeting June 1, 2004 6:00 PM the issue in terms of planning? Mr. Moore, City Manager stated that part of the difficulty came in with a different drawing than was originally presented, and one of the things he had suggested to Mr. Rees was to take a week or so, to allow staff to review the revised map, if there is one, and come back next Tuesday. Director Graves asked the applicant if a two week delay would be a problem, since the following Tuesday would mean a reconvened meeting? Mr. Rees responded that he has had to delay closing and has had to go back to the people asking them to wait, and said he would prefer a week, that he really needed the parking. Director Graves asked Mr. Moore if he thought it needed to go back to the Planning Commission? Mr. Moore replied that at this point he didn't think so, and until all the details are on the table could not make that decision. Mr. Moore stated he was comfortable with the reconvened meeting next week, even though he would prefer to delay it two weeks. Director Cazort suggested having he first reading and defer the second and third readings to next week. Mr. Carpenter stated his concern about having the first reading was that if it is decided that it needs to go back to the Planning Commission, then your halfway through it, and would recommend not acting upon it until the reconvened meeting. Director Cazort moved to defer the item one week to a reconvened meeting to be held on June 8, 2004, Director Graves seconded the motion, and by unanimous voice vote of the Board members present, the item was deferred to June 8, 2004. 16. ORDINANCE - S- 1100 -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 a reduced front lot width on selected lots, a variance to allow a reduced minimum of square footage on selected lots, a variance to allow a reduced front yard building line on selected lots for the Capital Lakes Estates Tract -A — Governors Manor — preliminary plat located north of Capitol Hills Boulevard at Rushmore Avenue. Planning Commission: 7 yes, 3 no. Staff recommends approval. Synopsis: The applicant is requesting the variances from the Subdivision ordinance in developing 9.12 acres with 45 single- family lots. Deferred to June 1, 2004 at applicant's request. Item was deferred to June 15, 2004. OTHER BUSINESS 17. ORDINANCE NO. 19,122 - To amend Little Rock, Ark. Revised Code, Chapter 17, Article 1, Sec., 17 -5 to allow ice cream mobile units to park within the right -of -way of public streets that are primarily residential streets where the speed limit is thirty miles per hour or slower in the City of Little Rock. Synopsis: The ordinance would permit ice cream mobile units to legally park within the right -of -way of any public street. Mr. Tom Carpenter, City Attorney stated the amendment was made in response to the discussion from last week, and rather than try and deal with arterial and collector streets, the language was changed to "primarily residential, which would take care of that, and the speed limit was changed from thirty five miles per hour to thirty miles per hour. There was brief discussion regarding safety issues, noise, and hours of operation. Mr. Carl Long, President of Frosty Treats, Kansas City, Mo. Spoke Little Rock last year, and encountered a few ordinance problems. He stated that staff had been very helpful and was willing to take a lot of time with him to address these issues. He said they are very safety conscious and responsible. The nice thing about this ordinance is that it regulates ice cream trucks. He stated that his company has gone to using the Good Humor Bell rather than the music in Little Rock, and the ordinance states that quitting time is one half hour after sunset. On VA Little Rock Board of Directors Meeting June 1, 2004 6:00 PM Sundays, they operators cannot vend until after 12:00 Noon. The ordinance was read the first time. Motions was made by Director Hurst, seconded by Director Cazort to suspend the rules and place the ordinance on second and third readings. By unanimous voice vote of the Board members present, being two- thirds in number, the rules were suspended. The ordinance was read the second and third time. By unanimous voice vote of the Board members present, being tow - thirds in number the ordinance passed. Director Cazort made the motion to recess the meeting for one week; seconded by Director Graves. By unanimous voice vote of the Board members present, the meeting recessed to reconvened June 8, 2004. ATTEST: Nancy ood City Clerk APPROVED: leyy