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02-20-07Little Rock Board of Directors Regular Meeting —Minutes - February 20, 2007 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham February 20, 2007 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Mark Stodola presiding. City Clerk, Nancy Wood, called the roll with the following Directors Present: Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Kumpuris, Fortson, Adcock, and Mayor Stodola. Vice Mayor Hurst was not present at the time of roll call, but enrolled into the meeting at 6:10 PM. Director Dean Kumpuris gave the invocation, which was followed by the Pledge of Allegiance. Director Kumpuris requested that roll call start from the Director that gave the invocation and then follow down the list in order of ward /position. The Mayor accepted the suggestion and director the City Clerk to adhere to this policy. Mayor Stodola asked the Board to consider the listed modifications. ADDITION: M -1. RESOLUTION 12,460 - To recognize Pachuca, Hidalgo, Mexico as a Sister City to the City of Little Rock, Arkansas; to authorize the Mayor and City Clerk to execute any documents necessary to memorialize this recognition; and for other purposes. Staff recommends approval. Director Adcock, seconded by Director Richardson, made a motion to add Item M -1 to the consent agenda. By unanimous voice vote of the Board members present, the modification to the agenda was made. DEFERRAL: 28. PUBLIC HEARING & ORDINANCE - Defer to April 17, 2007 - at applicants request - Z- 4411 -F — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Pleasant Ridge Town Centre Revised Long -Form PCD, located on the southeast corner of Cantrell and Pleasant Ridge Roads, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 0 ayes, 8 nays, 3 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request for this site from PCD to Revised PCD to allow the western -most drive, located along Cantrell Road, to be a full service intersection. Director Adcock, seconded by Director Richardson, made a motion to defer Item 28 until April 17, 2007. By unanimous voice vote of the Board members present, the modification to the agenda was made. 1 Little Rock Board of Directors Regular Meeting — Minutes - February 20, 2007 Mayor Stodola announced Director Fortson's intention to ask the Board to reconsider (rescind) the vote on Ordinance 19,686 passed at a reconvened meeting on January 30, 2007. He added that the issue would be discussed at a reconvened meeting on next Tuesday, January 27, 2007 at 4:00 PM. Director Hendrix asked that the record show that she personally contacted Judge Proctor in regard to this action. Ordinance 19,686 - Z -8132 — Approving a Planned Zoning Development and establishing a Planned Office District titled Cycle Breakers, Inc. Short Form POD, located at 800 Apperson Street, Little Rock, Arkansas, amending the Official Zoning map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission 3 ayes, 7 nays, I absent. Staff recommends denial. Held on Is` Reading (January 16, 2007) Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning of the site from R -3 to POD to allow the site to be utilized by Cycle Breakers none profit organization with a program designed to fully utilize the period while an individual; is under the Court's jurisdiction and supervision to effect a lasting and permanent change in the lifestyles, behaviors and decision making abilities of program participants. The Mayor recognized the General Council of Mexico before recognizing Mr. Banks of the Sister Cities Commission. PRESENTATIONS: Sister Cities Commission — Sherman Banks The Consent Agenda consisted of Items 1 -14. 1. RESOLUTION 12,443 - G -23 -377 - To set the date of public hearing for March 6, 2007, to abandon a ten (10) foot wide utility easement located within Lot One (1), Cornelia Thomas Subdivision located at 2 Longfellow Lane, Little Rock, Arkansas. Staff recommends approval. Synopsis: The owner of the property located at 2 Longfellow Lane is requesting the abandonment of a ten (10) foot wide utility easement that runs north to south along the east property line at Lot One (1), Cornelia Thomas Subdivision. A replacement easement has been dedicated to accommodate utility company's request. 2. RESOLUTION 12,444 - G -23 -376 - To set the date of public hearing for March 6, 2007, on a petition to abandon a public right -of -way located on Block 177, John Barrow Addition to the City of Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is requesting a portion of Ludwig Street and alley located in Block 177, John Barrow Addition, be abandoned as public rights -of- way. 3. RESOLUTION 12,445 - G -23 -375 - To set the date of public hearing for March 6, 2007, on a petition to abandon a public right -of -way on a portion of Cooper Orbit Road and a portion of the east fifteen (15) feet of Rushmore Avenue. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is requesting abandonment of a portion of Cooper Orbit Road and a portion of the east fifteen (15) feet of Rushmore Avenue. 2 Little Rock Board of Directors Regular Meeting — Minutes - February 20, 2007 4. RESOLUTION 12,446 - G -23 -372- To set the date of public hearing for March 6, 2007, on a request to abandon the forty (40) foot wide East Crestwood Drive right -of -way located between Lots Eighteen (18) and Nineteen (19), Prospect Terrace Addition to the City of Little Rock, Arkansas, (approximately forty (40) feet by one hundred (100) feet). Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The adjacent property owners request to abandon the forty (40) foot wide East Crestwood Drive right -of -way located between Lots Eighteen (18) and Nineteen (19), Prospect Terrace Addition to the City of Little Rock, Arkansas, (approximately forty (40) feet by one hundred (100) feet). 5. RESOLUTION 12,447 - G -23 -373 — To set the date of public hearing for March 6, 2007, on a request to abandon the west fifteen (15) feet of the Polk Street right -of -way (fifteen (15) feet by one hundred and forty (140) feet) located adjacent to Lot Fourteen (14), Block Eight (8), Newton's Addition to the City of Little Rock, Arkansas. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The adjacent property owners request to abandon the west fifteen (15) feet of the Polk Street right -of -way (fifteen (15) feet by one hundred and forty (140) feet) located adjacent to Lot Fourteen (14), Block Eight (8), Newton's Addition to the City of Little Rock, Arkansas. 6. RESOLUTION 12,448 - Approving and authorizing the Mayor and City Clerk to sign an easement exchange agreement with Maumelle Suburban Improvement District No. 500 ( "District 500 "), in order to convey a new easement in exchange for ownership to an existing water pipeline, and District 500's easement on certain property purchases, for construction of the Little Maumelle Treatment Plant, to be approved as recommended by the Little Rock Sanitary Sewer Committee. Staff recommends approval. 7. RESOLUTION 12,449 - To specify specific contract dates for the Prevention Intervention Treatment Program contracts. Staff recommends approval. 8. RESOLUTION 12,450 - Of the City of Little Rock, Arkansas, to become a Preserve America Community; and for other purposes. Staff recommends approval. Synopsis: Application to be a Preserve America Community in order to obtain grant monies for a citywide preservation plan. 9. RESOLUTION 12,451 - To authorize the City Manager to execute a contract for the next planning phase of War Memorial Park. Staff recommends approval. Synopsis: A resolution to authorize the City Manager to execute a contract with H3 Studio in the amount of forty - nine thousand and five hundred dollars ($49,500) plus reimbursable for the next planning phase of War Memorial Park. 10. RESOLUTION 12,452 - Expressing willingness to utilize federal -aid high priority project funds to repay the Trust for Public Land (TPL) and authorize the City Manager to execute related documents and agreements. Staff recommends approval. Synopsis: Expressing willingness to utilize federal -aid high priority project funds to repay the Trust for Public Land (TPL) and authorize the City Manager to execute related documents and agreements. 11. RESOLUTION 12,453 - To ratify the nomination and appointment to the Arkansas Arts Center of Mr. Rush Harding to fill the vacancy of Mr. George Gleason; term ending June 30, 2008. Staff recommends approval. 3 Little Rock Board of Directors Regular Meeting — Minutes - February 20, 2007 12. RESOLUTION 12,454 - Awarding a contract to Construction Management and Maintenance for installation of a signal project at Rodney Parham Road and Interstate 630. Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with Construction Management and Maintenance for installation of a signal project at Rodney Parham Road and Interstate 630. Bid Number 06 -297. 13. RESOLUTION 12,455 - Awarding a contract to Construction Management and Maintenance for installation of fire station flashers at Colonel Glenn and Marlborough Roads. Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with Construction Management and Maintenance for installation of fire station flashers at Colonel Glenn and Marlborough Roads. Bid Number 06 -298. 14. RESOLUTION 12,456 - To reappoint George Mallory, III to the Zoo Board of Governors to serve a third term; term dates of February 16, 2007 to February 16, 2010. M -1. RESOLUTION 12,460 - To recognize Pachuca, Hidalgo, Mexico as a Sister City to the City of Little Rock, Arkansas; to authorize the Mayor and City Clerk to execute any documents necessary to memorialize this recognition; and for other purposes. Staff recommends approval. The Consent Agenda was read, including Item M -1. Director Cazort, seconded by Director Keck, made the motion to adopt the Consent Agenda. Director Richardson recused on Item 7 and Director Hurst recused on Item 4. By unanimous voice vote of the Board members present, the Consent Agenda (Items 1 -14, and M 1), were adopted. SEPARATE ITEMS (Group 1): Item 15 Item 15 was read by the City Clerk. Fire Chief Rhoda Mae Kerr, City Attorney, Tom Carpenter, and City Manager Moore answered questions for Director Adcock. Areas of concern included the type of agreement, past service, response time, and the financial impact on the City of Little Rock. 15. RESOLUTION 12,457 - To support entry into an agreement for Fire Protection Services and Hazardous Material Incident Response with the Cammack Village Volunteer Fire Department; and for other purposes. Staff recommends approval. Synopsis: Request to authorize execution of an agreement for Fire Protection Services and Hazardous Materials Incident Response with the Cammack Village Volunteer Fire Department. Director Cazort, seconded by Director Hurst, made the motion to adopt Item 15. By unanimous voice vote of the Board members present, Item 15 was adopted. GROUPED ITEMS: 16 - 24 Mayor Stodola called for the first reading of the grouped items 16 -24. 9 Little Rock Board of Directors Regular Meeting — Minutes - February 20, 2007 16. ORDINANCE 19,696 - Z- 4336 -BB — Reclassifying property located between Martin Luther King, Jr. Boulevard and Bishop Street, south of Maryland Avenue and north of 10th Street from C -3, I -2 and 0-3 to 0-2. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: Arkansas Children's Hospital (ACH) owns this 1.64 acre site located on the west side of Martin Luther King, Jr. Boulevard between Maryland Avenue and 10th Streets and is requesting the reclassification from C -3, I -2, and 0-3 to 0-2, Office and Institutional District. 17. ORDINANCE 19,697 - LU- 06 -15 -03 — To amend the Land Use Plan Amendment (16,222) in the Geyer Springs West Planning District at the southwest corner of Bunch and Chicot Roads. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: Land Use Plan Amendments in the Geyer Springs West Planning District from Commercial and Multi- Family to Single - Family for future development. 18. ORDINANCE 19,698 - Z- 3951 -F — Approving a Planned Zoning Development and establishing a Planned Residential District titled Village on the Green Subdivision Long -Form PD -R, located on the southwest corner of Bunch and Chicot Roads, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of this site from various zoning classifications to PD -R to allow the development of the site with a Single - Family subdivision. 19. ORDINANCE 19,699 - Z- 4923 -D — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Shackleford Crossing Revised Long -Form PCD, located on the southwest corner of Interstate 430 and Shackleford Road, 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, I absent. Staff recommends approval. Synopsis: The applicant is proposing an amendment to the previously approved PCD to clarify the signage plan, allow dock doors to be oriented to Shackleford Road, and add foot store as an allowable use for the site. 20. ORDINANCE 19,700 - Z- 7878 -A — Approving a Planned Zoning Development and establishing a Planned Residential District titled Glenn Abbey Court Revised Short -Form PD- R, located at 1716 Watt 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, 1 absent. Staff recommends approval. Synopsis: The proposal is to allow a revision to the previously approved PD -R to allow the creation of lot lines within the development. 21. ORDINANCE 19,701 - Z- 8035 -A — Approving a Planned Zoning Development and establishing a Planned Residential District titled Madison Park Revised Short -Form PD -R, located on the southwest corner of Taylor Loop Road and Montgomery Road, 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, 1 absent. Staff recommends approval. Synopsis: The proposal is to allow a revision to the previously approved PD -R to allow the creation of lot lines within the development. 5 Little Rock Board of Directors Regular Meeting — Minutes - February 20, 2007 22. ORDINANCE 19,702 - S -1555 — 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 without public street frontage for the Bradford Subdivision preliminary plat, located at 10204 German Road, Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The request includes a variance from the Subdivision Ordinance to allow the development of lots without public street frontage. 23. ORDINANCE 19,703 - 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 German Road located west of Arkansas State Highway 365 and south of Stinker Road. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: Authorizes a deferral of street improvements required under the Master Street Plan for five (5) years or until adjacent property is developed as part of Bradford Subdivision Preliminary Plat at 10204 German Road on the west side of German Road located west of Arkansas State Highway 365 and south of Stinker Road. 24. ORDINANCE 19,704 - Z -7220 — Repealing Ordinance No. 18,703, revoking a Planned Office District titled Knights of Columbus Short -Form POD, located at 1600 South Cleveland Street; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: Changing Channels International Ministries, owner of the property located at 1600 South Cleveland Street, is requesting revocation of the existing Planned Office District zoning and restoration of the R -2 zoning. Director Adcock, seconded by Director Keck, made a motion to suspend the rules and place the ordinances on second reading. 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. Director Adcock, seconded by Director Hurst, made a motion to suspend the rules and place the ordinances on third and final reading. The ordinances were read the third time. A roll call vote was taken and recorded as follows: Directors Kumpuris, Fortson, Adcock, Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Vice Mayor Hurst, and Mayor Stodola voted yes. The grouped Items 16 - 24 were passed. SEPARATE ITEMS (Group II): Items 25 — 26 Director Adcock disclosed that Entergy gave a small grant to the company she works with at Christmas time to the provide toys for children. Mayor Stodola called for the first reading of the ordinances. Directors Keck and Cazort asked the City Attorney and Mayor to briefly describe the actions before the board this evening on each of the items 25 -27. 25. ORDINANCE 19,705 - 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 Colonel Glenn Road. Planning Commission: 10 ayes, 0 nays I absent. Staff recommends approval. Synopsis: Authorizes a deferral of street improvements required under the Master Street Plan for five (5) years or until adjacent property is developed for Colonel Glenn Preliminary Plat at 14250 Colonel Glenn Road. 2 Little Rock Board of Directors Regular Meeting — Minutes - February 20, 2007 26. ORDINANCE 19,706 - S -1518 — 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 development of lots without public street frontage and a variance to allow an increased lot depth to width ratio for the Colonel Glenn Preliminary Plat, located at 14250 Colonel Glenn Road. Planning Commission: 10 ayes, 0 nays, 0 absent, 1 recusal. Staff recommends approval. Synopsis: The applicant is requesting a variance from the Subdivision Ordinance to allow the development of a lot without public street frontage and to allow an increased lot depth to width ratio for proposed Lot Three (3). Director Cazort, seconded by Director Keck, made a motion to suspend the rules and place the ordinances on second reading. 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. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on third and final reading. The Mayor opened up the public hearing on Item 27 at 7:05 PM. Director Fortson, seconded by Director Cazort, made a motion to limit the discussion to 25 minutes for each side of the issue. A roll call vote was taken and recorded as follows: Directors Kumpuris, Fortson, Hendrix, Cazort, Keck, Wright, Wyrick, Vice Mayor Hurst, and Mayor Stodola voted yes. Director, Adcock, Richardson, and Wyrick. The discussion was limited to 25 minutes. 27. PUBLIC HEARING & RESOLUTION — FAILED - Z -7980 — Rescinding the Little Rock Planning Commission's action in approving a Conditional Use Permit to allow Entergy Arkansas, to construct a utility substation on the R -2 zoned property at 14250 Colonel Glenn Road. Planning Commission: 9 ayes, 1 nay, I recusal. Staff recommends denial of the resolution; approval of the Conditional Use Permit. Synopsis: A record objector is appealing the Planning Commission's action in approving a Conditional Use Permit to allow Entergy Arkansas to construct a utility substation on the R -2 zoned property at 14250 Colonel Glenn Road. Tom Carpenter, City Attorney, suggested that the title for Item 27 be changed to reflect that it was for the proposed project. Director Cazort, seconded by Director Hurst, made the motion to amend the language. By unanimous voice vote of the Board members present, the language was amended. There was a lengthy discussion on flood plain and wetland issues. Sherman Smith, Pulaski County Public Works Director, answered questions from Director Adcock regarding the flood plain issues in the area. Mr. Sherman stated that development of the area, although in a flood plain, was allowable since there were no federal funds being used for this project. The surrounding subdivisions, about 150 units, will dump more water and increase the 100 year flood elevation than the proposed development. Director Wyrick asked if this area would be considered a wetland. Mr. Smith stated that he was not qualified to answer that question; it was under the prevue of the Corps of Engineers. It was determined that Pulaski County would request that the developer to have a wetland study done. The City Attorney stated that it was not a requirement for the zoning decisions tonight that there is any determination on whether the land is a wetland or not. He also clarified that the process starts as Entergy starts getting its building permits for developing in a floodway. 7 Little Rock Board of Directors Regular Meeting — Minutes - February 20, 2007 Steve Haralson, Public Works Director, also answered questions regarding flooding with the addition of the Entergy Substation with the subdivision. The general consensus was that any development would have to have an engineer adjust and certify that their particular development would not dump any more water than before it was developed. Director Cazort, seconded by Director Richardson, made a motion to recess the meeting for a small break. Mayor Stodola Called the meeting back to order and asked Director Cazort to clarify a motion from earlier in the meeting that changed the language on Item 27. In an effort to keep the Board's actions clear and legal, Director Cazort, seconded by Director Adcock, made the motion to change the language in Item 27 back to what is printed on the agenda. James Jones from Entergy gave a presentation on the proposed development. The presentation included information about the need for the substation and the selection process for the site. The site is preferred because it is more cost effective to Entergy; thereby keeping rate down to its customers. The decision to develop at this site was determined after a lengthy process where consideration was taken for the flowing items: proximity to transmission lines and load center and growth areas, safety impact, environmental impact, reliability impact, and the cost of the land and necessary right -of -ways. Mr. Jones also outlined Entergy's response to the citizen concerns brought up during their public meeting process. The concerns and remedies are outlined in the table below: Visual There will be a buffer on three sides and Entergy is willing to plant Eyesore more evergreens on the remaining side Fire They have met with all surrounding fire and emergency entities and Protection proposed to offer training to each of them and tours of their facilities to study their monitoring systems Flood areas The site will be built V to 2' above the flood plain Gas lines They will maintain access to their lines because they are 5 feet outside of the Entergy fence line Noise dB study shows that almost no noise beyond 200 feet of the site Safety There will be a paved driveway from Colonel Glenn; barbed wire fence; Dark Sky lighting required; warning and informational signs Mr. Jones, stood for questions from the Board. Some areas of concern and /or clarity included the number of permits to be applied for after the Board's actions (Corps, County, and building permits), access road coming from Lawson Road instead of Colonel Glenn (flood way issues), a breakdown of why they passed on other sites, fire and how diffused, how the cost of building trickles down to customer rates, and if substations affect property values. Randy Frazier, representing the Minton family (property owners), spoke in favor of granting the deferral in Item 25 and the variances in Item 26. He stood for questions from the Board regarding future use of property and the affect on pending litigation. Mr. Tom Fox was present, did not speak, but was in favor of the development. N. t Little Rock Board of Directors Regular Meeting — Minutes - February 20, 2007 Director Cazort, seconded by Director Kumpuris, made a motion to give each side an additional 10 minutes to speak. By unanimous voice vote of the Board members present, the time was granted. Those present to speak against the development were Francis Jamell, Roy Jolley, Carolyn Jolley, Sue Ann Stephens, Howard Stephens, Tammy, McLain, Tina Williams, and Rose Dawson. Major areas of concern included the cutting of trees and other buffers, substation would be an eyesore, how the substation will be paid for and will rates increase, flooding, fire, PCB levels, and the integrity of Entergy during the process. The Board asked questions about the Garver hydraulic report. There were implications that building a road may make create a dam affect that will flood the homes in the area and affect McHenry Creek. Sherman Smith, Steve Haralson, and Tom Carpenter stood for questions from the Board regarding this matter, indicating that the Corps of Engineers would not allow the development if it was going to have adverse affects on the water flow that could not be resolved with detention or design. With the additional time, Tom Fox (FTN Associates) chose to speak, he identified himself as the project manager for the development. His team of engineers did an environmental site assessment. He identified 0.007 acres of potential wetlands on the site that will not be used for the development. He identified that 30% of the development would be within the flood plain boundary, but none of it would be within the flood way boundary. Mr. James Jones of Entergy, clarified a few other things in their remaining time. He clarified that the issues before the Board involved a Conditional Use Permit. He revisited the issue of the additional $4.4 million that would be required to build on the rock quarry. He added that the Entergy transformers would have a zero PCB level and that there would not be two acres of concrete as previously stated. He indicated that herbicides and pesticides would be used at the site and would not exceed the federal mandated levels. The public hearing on Item 27 was closed at 9:45 PM. 26. ORDINANCE 19,706 - S -1518 — 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 development of lots without public street frontage and a variance to allow an increased lot depth to width ratio for the Colonel Glenn Preliminary Plat, located at 14250 Colonel Glenn Road. Planning Commission: 10 ayes, 0 nays, 0 absent, I recusal. Staff recommends approval. Synopsis: The applicant is requesting a variance from the Subdivision Ordinance to allow the development of a lot without public street frontage and to allow an increased lot depth to width ratio for proposed Lot Three (3). A roll call vote was taken and recorded as follows: Directors Kumpuris, Fortson, Adcock, Hendrix, Cazort, Keck, Wright, Vice Mayor Hurst, and Mayor Stodola voted yes. Directors Richardson and Wyrick voted no. The ordinance (Item 26) was adopted. 0 Little Rock Board of Directors Regular Meeting — Minutes - February 20, 2007 25. ORDINANCE 19,705 - 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 Colonel Glenn Road. Planning Commission: 10 ayes, 0 nays 1 absent. Staff recommends approval. Synopsis: Authorizes a deferral of street improvements required under the Master Street Plan for five (5) years or until adjacent property is developed for Colonel Glenn Preliminary Plat at 14250 Colonel Glenn Road. A roll call vote was taken and recorded as follows: Directors Kumpuris, Fortson, Adcock, Hendrix, Cazort, Keck, Wright, Vice Mayor Hurst, and Mayor Stodola voted yes. Directors Richardson and Wyrick voted no. The ordinance (Item 25) was adopted. PUBLIC HEARINGS: Items 27 — 30 27. PUBLIC HEARING & RESOLUTION — FAILED - Z -7980 — Rescinding the Little Rock Planning Commission's action in approving a Conditional Use Permit to allow Entergy Arkansas, to construct a utility substation on the R -2 zoned property at 14250 Colonel Glenn Road. Planning Commission: 9 ayes, I nay, I recusal. Staff recommends denial of the resolution; approval of the Conditional Use Permit. Synopsis: A record objector is appealing the Planning Commission's action in approving a Conditional Use Permit to allow Entergy Arkansas to construct a utility substation on the R -2 zoned property at 14250 Colonel Glenn Road. Director Wyrick, seconded by Director Richardson, made the motion to adopt the resolution (Item 27). By voice vote the motion failed. Directors Kumpuris, Fortson, Adcock, Hendrix, Cazort, Keck, Wright, Vice Mayor Hurst, and Mayor Stodola voted yes. Directors Richardson and Wyrick voted no. The resolution (Item 27) failed. 28. PUBLIC HEARING & ORDINANCE — DEFERRED - Z- 4411 -F — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Pleasant Ridge Town Centre Revised Long -Form PCD, located on the southeast corner of Cantrell and Pleasant Ridge Roads, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 0 ayes, 8 nays, 3 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request for this site from PCD to Revised PCD to allow the western -most drive, located along Cantrell Road, to be a full service intersection. The item was deferred to April 17, 2007. 29. PUBLIC HEARING & ORDINANCE 19,708 - G -23 -374 — To abandon a ten (10) foot wide alley right -of -way that runs north to south through the property at 1624 South Cleveland Street, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: Changing Channels International Ministries Church, owner of the property located at 1634 South Cleveland Street is requesting the abandonment of a ten (10) foot wide alley right -of -way that runs north to south through the church property. No easements are to be retained. Mayor Stodola opened the public hearing for Item 29. There was no one present to speak in favor or against the item. The ordinance was read the first time. The public hearing was closed. 10 Little Rock Board of Directors Regular Meeting — Minutes - February 20, 2007 Director Cazort, seconded by Director Hurst, made a motion to suspend the rules and place the ordinances on second reading. 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. Director Cazort, seconded by Director Hurst, made a motion to suspend the rules and place the ordinances on third and final reading. A roll call vote was taken and recorded as follows: Directors Kumpuris, Fortson, Adcock, Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Vice Mayor Hurst, and Mayor Stodola voted yes. The ordinance (Item 29) was adopted. 30. PUBLIC HEARING & ORDINANCE 19,709 - Reassessing the value of benefits to be received by owners of each of the several blocks, lots and parcels of land within the St. Charles Municipal Lighting Improvement District No. 1 of Little Rock, Arkansas; assessing taxes thereon; and for other purposes. Staff recommends approval. Mayor Stodola opened the public hearing for Item 30. Mike McClellan, spoke in favor of the ordinance. The public hearing was closed. The ordinance was read the first time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on second reading. 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. Director Adcock, seconded by Director Hurst, made a motion to suspend the rules and place the ordinances on third and final reading. A roll call vote was taken and recorded as follows: Directors Kumpuris, Fortson, Adcock, Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Vice Mayor Hurst, and Mayor Stodola voted yes. The ordinance (Item 30) was adopted. OTHER BUSINESS: Items 31 - 32 Subject to a meeting that he and staff had with the Housing Authority on Friday, City Manager, Bruce Moore, recommended that the Board move forward with this agreement and the City would contribute to the infrastructure to the housing development. Ken Smith and Mary Smith were present in favor of the resolution, but did not speak. Director Hurst asked the Board about ownership of the property. The City Manager responded that documentation from the 1950's showed that the Housing Authority is the owner of the land and the building. 31. RESOLUTION 12,459 - Of intent to authorize the City Manager to enter into an agreement with the Housing Authority of Little Rock, for the purchase of sixty -five (65) acres of property and improvements for the amount of $450,000; and for other purposes. Staff recommends approval. (Deferred from December 19, 2006). By unanimous voice vote of the Board members present, the resolution (Item 31) was adopted. 11 Little Rock Board of Directors Regular Meeting —Minutes -February 20, 2007 32. REPORT - Legislative Briefing (February 20, 2007) — Odies Wilson* gave a brief presentation and stood for questions from the Board. *Notes /Reminders: Monday, February 26, 2007 — Last day to file appropriation bills. Monday, March 5, 2007 — Last day to file any bills. Friday, March 9, 2007 @ 11:45 AM - Legislative Luncheon (Capitol - Rm 138) Director Adcock asked the City Manager to check in to better systems for dealing with parking fines. The City Attorney stated some of the different approaches that different agencies have taken to deal with the issue of parking fines. CITIZENS COMMUNICATIONS: Topic: Luke Skrable Speaker: Does not feel that Southwest Little Rock is not getting basic City services. City Manager Moore gave an update on the Regional Detention Center and added that a second item would be added to the reconvened meeting, which was a resolution to support one -time funding for roofing repairs on the detention facility. Mayor Stodola announced that there would be a meeting with a variety of Boards and Commissions on issues relating to procurement, ethics, and FOI requests. The meeting will be held on Friday, February 23, 2007 at 2:00 PM in the Metroplan building. Director Keck, seconded by Director Cazort, made a motion to recess the meeting. By unanimous voice vote of the Board members present, being two - thirds in number, the meeting was recessed at 10:23 PM. ATTEST: APPROVED: D Nan y W_ ood CMC Mark Stodola City lerk J Mayor 12