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05-18-04MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham May 18, 2004 • 11 ' 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, Keck, Adcock, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey, Graves and Kumpuris. Vice Mayor Hinton was absent. Director Kumpuris was not present at roll call but enrolled at 6 :10 P.M. Director Cazort gave the Invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. ADDITIONS M -1. ORDINANCE NO. 19093Amending 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 36`h Street. Staff recommends approval. Synopsis: Authorizes a five -year deferral of Master Street Plan Improvements for 36`h Street associated with the proposed Village at Brodie Creek Shopping Center, located at the northwest corner of I -630 and Colonel Glenn Road. M -2 PRESENTATION - Zoo Invitation — Mike Blakely M -3. RESOLUTION NO. 11,749 - To authorize the City Manager to execute a donation deed for the Junction Bridge to the Pulaski County Bridge Public Facilities Board; and for other purposes. DEFERRALS PRESENTATION - Accreditation for Law Enforcement Agencies — Commissioner Jim L. Dotson (May 18, 2004) 27. ORDINANCE - To call Special Election for August 17, 2004 (CALS) Deferred to June 1, 2004. 32. 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 deduced front lot width on selected lots, a variance to allow a deduced minimum of square footage on selected lots, a variance to allow a deduced 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. CORRECTIONS: - ITEMS 3 & 4 setting dates of public hearing to June 1, 2004, need to be changed to set the date of hearings to June 15, 2004. (At applicants request) See Items listed below: 3. RESOLUTION NO. 11,751 - G -23 -334 - To set the date of public hearing for June 15, 2004 on the appeal of the Planning Commission's denial of the application at the April 8, 2004 Little Rock Planning Commission Meeting to abandon a portion of the fifty foot wide Grant Street right -of -way between Lots 7 -10, Block 9 and Lots 7 -10, Block 10 Lincoln Park Addition. Planning Commission: 5 yes, 6 no. Staff recommends approval. Synopsis: Heywood Weedman, Stephen Maxwell and Dough Buxton request to abandon the fifty foot wide Grant Street right -of -way between Lots 7 -10, Block 9 and Lots 7 -10, Block 10, Lincoln Park Addition. 4. RESOLUTION NO. 11,752 - G-23 -336 — To set the date of public hearing for June 15, 2004 a petition to abandon a portion of Grant Street and a portion of G Street as a public right -of -way located in Blocks 9 and 10 of the Lincoln Park Addition. Planning Commission: 11 yes, 0 no. Staff recommends approval. Synopsis: The applicant is requesting the abandonment of a portion of Grant Street and a portion of G street as a public right -of -way located in Blocks 9 and 10 of the Lincoln Park Addition including the abandonment of utility and drainage easements. A motion was made by Director Keck to make the modifications as listed. The motion was seconded by Director Cazort and by unanimous voice vote of the board members present, the modifications were approved. PRESENTATIONS: Urban Forestry Essays — Ethel Ambrose (May 18.2004) Accreditation for Law Enforcement Agencies — Commissioner Jim L. Dotson (May la, 2004) (See modifications) Zoo Welcoming Celebration — Mike Blakely (See modification) The next items consideration was Items 1 -9, and Item M -3. CONSENT AGENDA (1 -9) 1. MOTION - To approve minutes from Little Rock Board of Directors Meetings: March 2, 2004 and March 16, 2004. Reconvened Meeting: March 9, 2004. 2. RESOLUTION NO. 11,753 - To authorize local government endorsement of J. Kelly Referrals and Information Services, Inc, located at 219 W. 7th Street, Little Rock, Arkansas to participate in Arkansas Tax Back Program Application (formerly the Advantage Arkansas Program; and for other purposes. Staff recommends approval 2 Synopsis: The resolution authorizes J. Kelly Referrals and Information Services, Inc. to receive sales tax rebates and corporate income tax credits in conjunction with equipment and personnel required for this facility. 3. RESOLUTION NO. - 11,751 - G -23 -334 - To set the date of public hearing for June 1, 2004 on the appeal of the Planning Commission's denial of the application at the April 8, 2004 Little Rock Planning Commission Meeting to abandon a portion of the fifty foot wide Grant Street right -of -way between Lots 7 -10, Block 9 and Lots 7 -10, Block 10 Lincoln Park Addition. Planning Commission: S yes, 6 no. Staff' recommends approval. Synopsis: Heywood Weedman, Stephen Maxwell and Dough Buxton request to abandon the fifty foot wide Grant Street right -of -way between Lots 7 -10, Block 9 and Lots 7 -10, Block 10, Lincoln Park Addition. 4. RESOLUTION NO. 11,752 - G -23 -336 — To set the date of public hearing for June 1, 2004 a petition to abandon a portion of Grant Street and a portion of G Street as a public right -of -way located in Blocks 9 and 10 of the Lincoln Park Addition. Planning Commission: I I yes, 0 no. Staff recommends approval. Synopsis: The applicant is requesting the abandonment of a portion of Grant Street and a portion of G street as a public right -of -way located in Blocks 9 and 10 of the Lincoln Park Addition including the abandonment of utility and drainage easements. 5. RESOLUTION NO. 11,754 - To re- appoint Mr. Charles G. Goss to the Little Rock Sanitary Sewer Committee; term expires August 1, 2004. 6. RESOLUTION NO. To approve nominations for the appointments of Jennifer Robbins, Tom Kane and Bill Haught to the Board of Trustees of the Museum of Discovery. 7. RESOLUTION NO. 11,755 - To authorize the City Manager to enter into a contract with Garver Engineers, LLC for Quality Assurance Services for closing Cell 2 of the Little Rock Class 1 Landfill. Synopsis: The work will be funded from 2002 Solid Waste Bond Fund in the amount of $98,200. 8. RESOLUTION NO. 11,756 - Authorizing the Mayor to sign a Memorandum of Agreement between Pulaski County, North Little Rock, Jacksonville, Maumelle, Sherwood and Little Rock for the study of existing and future emergency communication needs. Synopsis: The resolution authorizes the City to join with other local governments in Pulaski County to study the benefits of developing a joint emergency communication system. The initial cost is $18,750. 9. RESOLUTION NO. 11,750 - To accept and approve the bid of Texas Scenic Company, Inc. for renovation of the stage rigging in the Robinson Center Music Hall; authorizing the Chief Executive Officer to forward the bid documents and the contract to the City of Little Rock for approval and execution; and prescribing other matters pertaining thereto. (2004 Bond Project) The Consent Agenda, consisting of Items 1 -9 and M -3 was read. A motion was made by Director Adcock, seconded by Director Hurst to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. 3 Director Kumpuris announced (referring to item M -3) that the Bridge in the Presidential Library Park design for the north terminus has yet to be done, and is being delayed to develop a plan for the acreage. It is the intent that the north terminus be of such a design that people would be able to have uninhibited access to the bridge for biking, running, rollerblading, strolling, etc. The design includes a way of getting on and off the bridge without going back and forth. Director Kumpuris stated that although not in the resolution, the understanding, having spoken with Judge Villines, is that they will work to raise the money to fix the bridge up based on the designs from Portland, Oregon and will roughly spend equal amounts of money on the terminus on the north and south side. He said this is not written anywhere, but that is the principle that they would move forward with. Ms. Mary Parham, President and CEO of J. Kelley Referrals, (Item 2), stated this business was a service she had started in her living room five years prior and now they were located downtown servicing the state of Arkansas, referring them to physicians and to businesses as well. She stated they were a part of the small business incubator program, and the small business entrepreneurial training program, and these programs helped her tremendously. Ms. Parham announced they were having their fifth anniversary birthday celebration on June 4, 2004 as well as celebration commending this agreement, and extended an invitation to the Mayor and Board of Directors and staff personnel. She announced that they have full and part -time jobs available, and have created over a hundred jobs and plan to hire over the next five years. They were working closely with Workforce Development and refer resumes and applications to them. GROUPED ITEMS (10 -27) 10. ORDINANCE NO. 19,094 - Accepting the Hatcher Annexation, adding certain lands to the City of Little Rock, Arkansas. Planning Commission: 9 yes, 1 no, 1 absent. Staff recommends approval. Synopsis: To accept the annexation of 11.97 acres to the City of Little Rock, subject to the installation of a CCAW/Fire Department approved fire hydrant with sufficient water, 11. ORDINANCE NO. 19,095 - LU- 04 -04 -01 — To amend the Land Use Plan (16,222) in the Heights Hillcrest Planning District from Multi- family and Office to Community Shopping; and for other purposes. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: Land Use Plan amendments in the Heights Hillcrest Planning District from Multi- family and Office Commercial to Community Shopping for future development. 12. ORDINANCE NO. 19,096 - Z-7421 -A — Approving a planned zoning development and establishing a planned commercial district titled University Plaza Long -Form PCD located on the northeast corner of West Markham Street and North University Avenue, in the City of Little Rock, Arkansas, amending the official zoning map of the City of Little Rock, and for other purposes. Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to M allow development of 10.7 acres with 107,300 square feet of retail space plus 21,800 square feet of restaurant space. - 13. ORDINANCE NO. 19,097 - LU04- 19 -01— To amend the Land Use Plan (16,222) in the Chenal Planning District from Single Family to Office; and for other purposes. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: Land Use Plan Amendments in the Chenal Planning District from Single Family to Office for future development. 14. ORDINANCE NO. - 19,098 Z -7605 — Approving a planned zoning development and establishing a planned office district titled Chevaux Short -Form POD located on the south side of Cantrell Road just east of Chenonceau Boulevard, in the City of Little Rock, Arkansas amending the official zoning map of the City of Little Rock, and for other purposes. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2, Single family to POD to allow the development,of a 33,600 square foot single -story office building. 15. ORDINANCE NO. 19,099 - S -801 -1— Granting a variance form various lot development standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow the creation of a lot without public street frontage for the Westrock Office Addition Replat located at 1900 Centerview Drive. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: The applicant proposes a replat of an existing lot into two office -zoned lots. The replat will require a variance from the Subdivision Ordinance to allow the creation of a lot without public street frontage. 16. ORDINANCE NO. - 19,100 Z- 3592 -I — Reclassifying property located along the west side of Centerview Drive, between Executive Center Drive and Peach Tree Drive, from 0-1 to 0 -3, 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 approval. Synopsis: Westrock Partnership, owner of Lot 1, Westrock Office Addition, is requesting to rezone a portion of the lot form ° 10-1" Quiet Office District to 110-3" General Office District. The rezoning is proposed for future office development of the property. 17. ORDINANCE NO. 19,101 S- 1413 -A — 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 building setback. A variance to allow the creation of a pipe stem lot and a variance to allow the creation of lots without public street frontage for the Plaza Subdivision Preliminary Plat located on the northeast corner of Colonel Glenn Road and Bowman Road. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. - Synopsis: The Plaza Subdivision proposes a revision to a previously approved preliminary plat to allow the development of 12 C -2 zoned lots. The request is in conjunction with the Villages of Brodie Creek Zoning Site Plan Review (Z- 3371 -.n. 18. ORDINANCE NO. 19,102 S- 1313 -F — 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 deduced lot depth on selected lots, a variance to allow a deduced minimum lot square footage on selected lots, a variance to allow a deduced font yard building line on selected lots, a variance to allow the creation 5 of pipe stem lots, a variance to allow a reduced rear yard setbacks on selected lots and variance to allow the creation of a lot without public street frontage for the Woodlands Edge Subdivision revised preliminary plat located west of Brodie Creek on Woodlands Trails. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: The applicant proposes the subdivision of this 118.6 -acre site with 235 single - family lots. The development will require the variances from the Subdivision ordinance to allow development to take place. 19. ORDINANCE NO. 19,103 - S -1425 — Granting a variance from various lot development standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a variance to allow the creation of double frontage lots for the Jackson Estates Subdivision preliminary plat located south of David O'Dodd Road at Brodie Lane. Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: The applicant proposes the subdivision of 21.17 acres into 76 single - family lots. The request will require a variance from the Subdivision Ordinance to allow double frontage lots for Lots 1 -7. 20. ORDINANCE NO. - 19,104 S -1426 — Granting a variance from various lot development standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow the creation of lots without public street frontage for the Glenn Ridge Subdivision preliminary plat located on the southwest corner of Colonel Glenn Road and I -430. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: The applicant proposes to subdivide this 13.2 acre tract into 12 non - residential lots currently zoned C -3, General Commercial District. Lots 2 -7 and 12 will require a variance from the Subdivision ordinance to allow development of lots without public street frontage. 21. ORDINANCE NO. 19,105 - S -1427 — Granting variances from various lot development standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a variance to allow the creation of a pipe stem lot (Lot 15) and a variance to allow a reduced front building line (15 -feet) on the proposed residential lots for the McFatrich Subdivision preliminary plat located on the west side of Stagecoach Road approximately 900 feet north of Otter Creek Parkway. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: The applicant proposes the subdivision of 12.82 acres into 42 single - family lots. The applicant is requesting the variances from Subdivision ordinance to allow the development to occur. 22. ORDINANCE NO. - 19,106 - Z -7607 — Approving a Planned Zoning Development and establishing a planned Commercial District tiled McFatrich Addition Short -Form PCD located on the west side of Stagecoach Road, approximately 900 feet north of Otter Creek Parkway, in the City of Little Rock, Arkansas, amending the official zoning map of the City of Little Rock, and for other purposes. Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: The applicant is requesting the rezoning of the site to allow the development of two proposed tracts with a fast food restaurant and a bank. 23. ORDINANCE NO. 19,107 - Z- 4997 -G — Approving a planned zoning development and establishing a planned commercial district titled Bale Chevrolet Revised Long- 3 Form PCD located at 13101 Chenal Parkway, in the City of Little Rock, Arkansas; amending the official zoning map of the City of Little Rock; and for other purposes. Planning Commission: 10 yes, 0 no, I absent. Staff recommends approval. Synopsis: The applicant is proposing to revise a previously approved PCD to allow the placement of a quick lube facility on the site and reduce existing areas set aside for landscaping to increase on site parking. 24. ORDINANCE NO. 19,108 - Z -7581— Approving a planned zoning development and establishing a planned office district titled Back Short -Form POD located at 1111 Autumn Road, in the City of Little Rock, Arkansas, amending the official zoning map of the City of Little Rock; and for other purposes. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: The applicant proposes the rezoning of the site from R -2, Single Family to POD to allow two existing non - residential buildings to become conforming uses. 25. ORDINANCE NO. 19,109 - MSP -04 -01 - To amend the Master Street Plan (15,519) to modify the design standard for a proposed collector northwest of the proposed Grandwood; and for other purposes. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: To change the design standard for a proposed collector northwest of proposed Grandwood to 31 feet of pavement in a 60 -foot right of way. 26. ORDINANCE - 19,110 - To amend Little Rock, Ark., Rev. Code 2 -243 (1988) to recognize Property and Casualty Insurance Consultant Services as a professional service for the City of Little Rock, Arkansas, and for its various Boards and Commissions; and for other purposes. (1" and 2nd reading: May 4, 2004.) 3rd reading. 27. ORDINANCE - Deferred to June 1, 2004 - To call Special Election for August 17, 2004 (CALS) (See modifications) Mayor Dailey stated there were no speaker cards turned in for Items 28 and 29, which were public hearings. Mayor Dailey asked if anyone was present who wished to speak on either item. There was no one present to speak in opposition that he would open and close the hearings, and then the items could be added to the list of Grouped Items. PUBLIC HEARINGS 28. PUBLIC HEARING & ORDINANCE NO. 19,111 - G -23 -331— To abandon portions of the Brack Avenue, Carl Street and Lucie Avenue rights -of -way, as well as the alley right -of -way within Block 25, Brack Addition. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval with conditions. - Synopsis: Kaufman Lumber Company, owner of the majority of the abutting property, requests to abandon portions of the Brack Avenue, Carl Street and Lucie Avenue rights -of -way, as well as the alley right -of -way within Block 25, Brack Addition. The rights -of -way are located north of Asher Avenue, between Mary Street and S. Monroe Street. A portion of Mary Street was part of the original abandonment application, but was removed from the application prior to the Planning Commission Action. Mayor Dailey opened the public hearing. There were none present to speak in opposition to the item. Mayor Dailey closed the public hearing. 29. PUBLIC HEARING &ORDINANCE NO. 19,112 - G -24 -015 — To abandon a private 10 -foot wide sewer easement and a private 15 -foot water easement located in Lot 7 1, Strafco's Replat of Goff 's No. 1 Addition at 1901 E. Roosevelt Road. Staff recommends approval. Synopsis: Parts Warehouse, Inc., owner of the property at 1901 E. Roosevelt Road, is requesting the abandonment of a private, 10 foot sewer easement and a private 15 foot water easement located within the property. Mayor Dailey opened the public hearing. There were none present to speak in opposition to the item. Mayor Dailey closed the public hearing. The grouped items (Items 10 -229 and Item M -1) were read the first time. Item 26 was read the third time; the first and second reading was held on May 4, 2004. Director Adcock made a motion, seconded by Director Cazort to suspend the rules and place the ordinances on the second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were placed on second reading. The ordinances were read the second time. Director Adcock made a motion seconded by Director Hurst to suspend the rules and place the ordinances on third and final reading. The rules were suspended by voice vote of the Board members present being two- thirds in number and the ordinances were placed on the third and final reading. 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 Grouped Items consisting of Items 1 -29 and Item M -1 was approved. 30. PUBLIC HEARING & RESOLUTION — Failed - Z-7548 — Appealing the Planning Commission's action in granting a Special Use Permit to allow a family home day care on the R -2 zoned property located at 6821 Fairfield Drive. Planning Commission: 6 yes, 3 no, 3 absent. Staff recommends granting the special use permit. - Synopsis: Mr. Troy Laha is appealing the Planning Commission's action in approving a special use permit to allow a day care. Mayor Dailey opened the public hearing. Mr. Tony Bozynski, Planning Director, gave the staff overview saying that staff supports the Special Use Permit. He stated that with the requirements spelled out in the amended ordinance, and the additional conditions the Planning Commission placed on the applicant, that it would not have an impact on the adjoining properties. There were questions regarding the driveway and how many people would be parking on the driveway during the day, the number of employees, and the number of children they would be keeping. The applicant, Reverend Alonzo Brooks, answered that he was willing to do what was necessary to get the driveway to code. He answered that there is space for him and his two daughters who would be working, and that the two daughters would be parking on the street while the children are being delivered and picked up, and that they were trying to increase the number of children they care for from four to ten. Director Pugh asked if the rule were going to be that if a person has a home day care, they would have a double driveway? Mr. Bozynski stated that was not a requirement. He said they are required that the parking be on paved surface. Director Adcock asked if that included the street that she was under the impression that it meant paved surface on the lot. Mr. Dana Carney, Planning and Zoning Manager, stated when the ordinance was amended, it was his understanding that the drop off and pick up of the children occurred on site on a paved surface. He said the ordinance does include the section that says all vehicles must be parked on site on paved surface, however, if parking is allowed on the street in front of the property, if the owner of the home wanted to park one of their own vehicles, did not know if there was anything that prohibited them from doing that. Mr. Troy Laha spoke in opposition of the Special Use Permit. He stated that he was unaware that a family home day care would have employees, and that would change it into a business like atmosphere. He said some time ago a neighborhood action plan was acted upon for this area, and there is nothing in the Plan that says businesses could operate in this street and other streets in the neighborhood, and would like for the Board to honor the neighborhood plan and not allow the Special Use Permit. He stated also the Bill of Assurance is violated by letting this type of operation exist in residential neighborhoods. Director Cazort stated a bill of assurance is legal contract between property owners and a developer and the city is not a party to that, and that is why the city does not enforce them. He stated he disagreed that city's actions encourage violations of bills of assurance. He said the city has no power to effect, amend or alter a bill of assurance by any action the Board takes. Director Wyrick stated that several months ago the Planning Commission adopted that they could look at bill of assurance as a measure to compare deliberations on a project, and that was passed by this Board, and thought it was right to bring upon that there is a current bill of assurance for an area, and felt that was why Mr. Laha had brought it up. Mr. Brooks agreed that he would have the driveway paved within sixty days, beginning after tonight's meeting. Director Adcock asked if the day care had a license from the state. Dana Carney, Planning and Zoning Manager stated the state has agreed not to issue licenses to the home day cares unless the use is approved by the City of Little Rock. Mr. Carney stated under the City regulations a home day care can keep up to five children and it is regulated as baby sitting, you can get a type of license form the stated to do that, but was unsure if it was a required license. The public hearing was closed. Director Cazort clarified that a yes vote would be to rescind and a no vote would be to allow. The resolution was read. A roll call vote was taken and recorded - as follows: Director Pugh, no, Hurst, no, Cazort, no, Keck, no, Stewart, no, Wyrick, no, Kumpuris, no, Graves, no, Adcock yes, Mayor Dailey no, Vice Mayor Hinton absent. The vote was 9 no, 1 yes, 1 absent. The resolution failed, the Special Use Permit was allowed. OTHER BUSINESS 31. ORDINANCE NO. - 19,113 - Z -7608 — Approving a planned zoning development and establishing a planned industrial district tiled Blood's Hauling Short -Form PD -I located at 7909 Doyle Springs Road, in the City of Little Rock, Arkansas; amending the official zoning map of the City of Little Rock; and for other purposes. Planning Commission: 7 yes, 3 no, I absent. Staff recommends approval. Synopsis: The applicant proposes the rezoning of this site from R -2, Single family to PD -I to allow the storage of six to eight gravel dump trucks behind the applicant's home. The ordinance was read the first time. Mr. Tony Bozynski, Planning Director, presented an overview saying that the ordinance before the Board was to reclassify a three -acre tract on Doyle Springs Road, close to I -30, from R -2 zoning to PDI (Planned Development Industrial). The proposed use is a dump truck company where the owner lives on the property and will store seven or eight dump trucks on this site, and also build a maintenance storage building. No materials will be kept on the site, only vehicles. There was some opposition from the neighborhood at the Planning Commission Meeting, which he felt was the reason for the split vote. He said the adopted land use plan for the area does recommend industrial. Staff's position is approval of the proposed use. Mr. Bozynski stated there would be limited hours between 7 am to 6 PM, W and the applicant has agreed to some screening along the east and south sides using six foot fence. Ms. Pat Gee, President of the Upper Baseline Neighborhood Association, stated when this came up before the Planning Commission she had gone to the property and visually inspected it, Mr. Blood has built a beautiful home on the property, and they wondered why, and the reason is clear now, that he bought this property to put his dump trucks on and to have a maintenance shop. She said she has no problem with it, but the people who objected were concerned about the dump trucks going up and down Doyle Springs Road rather than taking the access road. She said Mr. Blood has agreed to instruct his drivers to go from the access road directly the property and not infringe upon Doyle Springs Road. Ms. Gee said another concern was that they had been told that he did not have to concrete the driveway, except for ten feet. She stated Mr. Blood has agreed to take the concreted apron much further back, and the asphalt will go on at a later time, within two years if not sooner. Mr. Arthur Blood, applicant, stated he had spoken tonight with Ms. Gee, and apparently there had been a misunderstanding regarding the concrete distance, at the last meeting. He stated that his intention from the beginning was to do about twenty -five foot of concrete, and then hook on to the concrete with asphalt and go all the way around behind the house. He stated he would to the concrete 25 to 30 feet, and then hooks on with the asphalt. He said he had asked for two years, but as far as the concrete, as soon as the Board gave him the go ahead, he would do the concrete immediately, and it would not take two years to do the asphalt. Director Adcock asked Mr. Blood if he thought it were possible to do the asphalt this year. Mr. Blood stated within a month and a half upon approval, he would start the concrete work, and stated he believed within the years end, could have the rest of it done (2004 year end). Director Adcock moved to suspend the rules and pale the ordinance on second and third readings; Director Cazort seconded the motion, and by unanimous voice vote of the Board members present, being two- thirds in number the rules were suspended and the ordnance was placed on second reading. The ordinance was read the second and third times. By unanimous voice vote of the Bard members present ding two- thirds in number, the ordinance passed. 32. ORDINANCE NO. Deferred to June 1, 2004 - 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 deduced front lot width on selected lots, a variance to allow a deduced minimum of square footage on selected lots, a variance to allow a deduced 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. 33. ORDINANCE NO. 19,114 - To amend Chapter 20 of City of Little Rock, Arkansas Revised Code (1988) concerning Nuisances to provide for seven days notice before citations may be given; and for other purposes. The ordinance was read the first time. Director Deck, seconded by Director Adcock made the motion to suspend the rules and place the ordinance on second reading. Director Cazort asked if there were any reason why Items 33 and 34 could not be grouped and read together. Director Adcock stated she 10 would like to have a brief staff presentation, and then group them. Mr. Andre Bernard, Acting Director of Housing and Neighborhood Programs, stated that currently code enforcement issues a 10 -day notice on high weeds, grass, abandoned autos, furniture, appliance trash, etc.. He stated that one of the recommendations from Director Wyrick's nuisance committee was to reduce that amount of time to correct these types of violations from 10 days to 7 days. This change makes the state statute requirements and the city ordinances- coincide. The state stature requirements are currently 7 -day notice prior to any action being taken by a municipality. He stated that staff supports the recommendation. Mr. Bernard explained that the Graffiti Ordinance, Chapter 18, that currently code officers issue a 30 day notice on graffiti violations, and the nuisance committee recommended reducing that from thirty days to 7 days, and this change would match the state requirement of 7 day notice before municipality could take action. One of the reasons the committee addressed these issues, is that it addressed the amount of time these nuisances are actually visible in the public, speeding up the process time to have those cleaned up. 34. ORDINANCE NO. 19,115 - To amend Little Rock Ark. Revised Code Section 18- 113 to provide for a seven -day notice period for Graffiti Abatement; and for other purposes. The ordinance was read the first time. Director Adcock, seconded by Director Cazort, made the motion to place ordinances (Items 33 and 34) on second and third readings. By unanimous voice vote of the Board members present, being two- thirds in number the rules were suspended to provide for the second and third readings of the ordinances. The _. ordinances were read the second and third times. By unanimous voice vote of the Board members present, being two- thirds in number, the ordinances were passed. 35. ORDINANCE NO. 19,116 - An ordinance to amend Little Rock, Arkansas Ordinance No. 14,984; as to the utility relocation policy with Entergy Arkansas, Inc. to declare an emergency; and for other purposes. (Arkansas Power and Light Company, now known as Entergy Arkansas, Inc.) The ordinance was read the first time. Director Adcock, seconded by Director Cazort made the motion 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 and the ordinance was read the second and third times. Mr. Carpenter noted before the third reading that there was a misprision on the last word in section seven, stating the word would be provider rather than provided. By unanimous voice vote of the Board members present, being two - thirds in number the ordinance and emergency clause was adopted. 36. EXECUTIVE SESSION & RESOLUTION NO. 11,757 - Appointments to various Boards and Commissions. Synopsis: Animal Services Advisory Board (2 positions) Community Housing Advisory Board (2 positions) Midtown Redevelopment District No. 1. Mr. Moore announced the recommendations as follows: 11 1. Animal Services Advisory, At Large Position: Barbara Lensing. Mr. Moore announced that staff would check on John Yarbrough's letter to request reappointment to the Animal Services Advisory Board 2. Community Housing Advisory Board, At Large position, Michael D. Robinson Mr. Moore announced that staff would re- advertise the Real Estate Business Community position 3. Midtown Redevelopment District No. 1 Advisory Board, appointment representing LRSD, H. Baker Kurrus Director Adcock made a motion to adopt the resolution and approve the recommendations and make the appointments as listed. CITIZENS COMMUNICATIONS Speaker: Troy Laha Topic: Job well done in efforts to clean up Southwest Little Rock Speaker: Mollie Irvin Topic: Invitation to Neighborhood Walk of Honor on May 28, 2004 A motion was made by Director Cazort, seconded by Director Adcock to adjourn. By unanimous voice vote of the Board members present, being two thirds in number, the meeting adjourned at 5:00 PM. ATTEST: 2 r% ancy W od, City Clerk APPROVE: a or, Jim Dailey 12