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11-04-03Minutes: Little Rock Board of Directors Meeting November 4, 2003 BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham November 4, 2003 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, Adcock, Stewart, Hurst, Wyrick, Cazort, Kumpuris and Mayor Dailey. Vice Mayor Hinton gave the invocation, which was followed by the Pledge of Allegiance. The first consideration was the Consent Agenda. Items 1 -5. 1. MOTION - To set the date of public hearing for November 18, 2003 to consider rescinding the Planning Commission's action denying a revised conditional use permit for the day care center located at 8500 Mize Road (Z- 6742 -A ). Planning Commission: 4 yes, 6 no, I absent. Staff recommends denial. synopsis: The owner of the day care center located on the R -2 zoned property is appealing the Planning Commission's Denial to allow for the expansion of uses and activities on the site. 2. RESOLUTION 11,620 - Authorizing the City Manager to execute an agreement with Bartlett & West Engineers for engineering services for the Scott Hamilton Drive (Baseline Road to J.E. Davis Drive) Project; and for other purposes. 3. RESOLUTION NO. 11,621 - To ratify the appointment of Ellen M. Gray and the reappointment of Michael Hutchinson to the Little Rock Housing Authority. 4. RESOLUTION NO. 11,622 - To submit the 2004 Annual Action Plan to the U.S. Department of Housing & Urban Development; and for other purposes. Synopsis: The Annual Action Plan delineates the uses of the CDGB, HOME, and ESG — entitlements for the 2004 Program Year, as detailed in Resolution 11,594 (09- 09 -03). 5. RESOLUTION NO. 11,623 - To authorize the City Manager to enter into a contract with Tennant Sales and Service Company for the purchase of two (2) high, side dump mechanical street sweepers for the Public Works Street Operations Division, in the amount of $312,208.67; and for other purposes. Director Cazort, seconded by Vice Mayor Hinton made a motion to adopt the Consent Agenda and by unanimous voice vote of the Board members present, the Consent agenda was adopted. Ms. Pat Gee thanked the Board for approving Item 2. Mayor Dailey announced that the Southwest Airlines Call Center would be closing, and that it was going to be a great loss to the City. CITIZENS COMMUNICATIONS — There were no citizens present to speak during the Citizens Communications period. 6. ORDINANCE - -Z- 6466 -A — Establishing a Planned Zoning District titled Enoch's School of Beauty Revised Short -form PD -C, located at 141166 Taylor Loop 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, 4 no, 0 absent. Staff recommends denial. Synopsis: The applicant proposes to rezone the site from PDC to Revised PD -C to allow a 15 student cosmetology school to operate on the site. Applicant withdrew ordinance. 7. PUBLIC HEARING AND RESOLUTION - To rescind the Little Rock City Beautiful Commission's action in denying Enoch's School of Beauty's request to reduce the width of a proposed landscape strip along the north side of the property located at 14116 Taylor Loop Road in the City of Little Rock, Arkansas. City Beautiful Commission Vote: 0 yes, 7 no, 2 absent. Staff recommends denial. Minutes: Little Rock Board of Directors Meeting November 4, 2003 Mayor Dailey asked for staff to overview the issues of Item 6 and Item 7. Mr. Jim Lawson, Director of Planning and Development outlined the application. Mr. Lawson overviewed (Item 6), saying this was along Taylor Loop Road and is south of Hwy 10. He stated there is an east /west line indicated on the land use map that has "T" on it, the "T" is for Transition. He said when the Hwy 10 Plan was done years ago, what this was showing was that in the transitional area, the property can remain as a single family house or it could convert to multi - family or to office. This particular tract of ground is right on the edge of the transition area. He said the homes in Westchester are all residential units. When the application came in some time ago, the applicant asked to keep the house the way it is, (single family house) and have a one -chair beauty salon, which was approved. Mr. Lawson stated what the applicant is requesting now, is to revise the PCD to add a beauty school. Mr. Lawson stated the applicant (Mr. Enoch had gotten approval some time ago, an approval for a beauty school on Hwy 10, which staff supported. Mr. Lawson stated that a beauty school with fifteen students coming in and out is quite a different thing than a one -chair beauty shop. He stated this is a small narrow tract of ground and in order to put in parking, the backyard will have to be paved. Item 7 was a request that relates to this Site Plan. The applicant went to the City Beautiful Commission to request a variance because he could not meet the side yard landscaping requirements. He would be required to have a landscaping strip of at least 6.9 feet, and 9 feet is preferable. He asked the City Beautiful Commission for 2 feet, which was turned down. Mr. Lawson stated it was clear to him that this was overbuilding this particular tract and it changes the character, and will have a negative impact on the Westchester neighborhood. . Director Cazort suggested taking up the public hearing on item 7 first because the public comments for both will be similar and then both issues could be dealt with at one time. Mayor Dailey asked if the ordinance as it is currently written included this request with the proposed landscaping. Mr. Lawson stated the way the file is set up, they are required to have the strip. Mr. Lawson said if the board approves Item 6, before they approve Item 7, they would have to rescind City Beautiful Commission's denial. Mr. Lawson stated there was not enough room to do the requirement. Mayor Dailey opened the public hearing. Mr. Matthew Finch, representing the applicant, Mr. Enoch Miller, stated there was already commercial use in the area and the traffic is comparable to the business in that area, and would be maintained to after 8 AM and before 5 PM. He addressed the buffer issue saying the basis of the denial of the City Beautiful Commission was that the lot could be developed for residential use, but the listing agent has it listed as commercial and plans to sell it as commercial, and that it is surround by commercial uses. He stated the buffer requested would be landscaped and a six -foot fence would be built, and felt it an appropriate use of the property He asked the Board to grant the variance. Mr. Enoch Miller, the applicant answered questions regarding clientele, parking, and hours of operation, and any additions to the building. Mr. John Towne and Mr. Michael Saar spoke in opposition citing reasons such as increased traffic, parking, and the application not being a good fit for the Westchester neighborhood. Mayor Dailey closed the public hearing. Mr. Tom Carpenter, City Attorney explained that the process would be for the Board to deal with Item 7 first, and if the extension is not granted, it was his understanding that they would not be able to do Item 6. Mayor Dailey asked the applicant if the Board did not overturn the City Beautiful Commission's recommendation, which gave a tighter restriction on the landscaping, if they would wish to withdraw their request or if the wish was for the Board to vote it up or down. Mr. Finch and Mr. Miller stated they would withdraw the application if the Board voted to uphold the City Beautiful Commission's decision. The resolution (Item 7) was read. Director Cazort moved for the adoption of the resolution, seconded by Director Adcock. A roll call vote was taken and recorded as follows: Directors Pugh, Hurst, Cazort, Keck, Stewart, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton, voted no on the adoption of the resolution. The resolution failed. Mayor Dailey asked Mr. Finch to announce for the record that they were withdrawing the application. Mr. Finch stated that — since the Board has decided to not approve the reduction of the landscape barrier that they would withdraw the ordinance requesting the PD -C. Mr. Carpenter stated that Item 6 had to formally be withdrawn. Director Cazort made the motion, seconded by Director Adcock to withdraw the ordinance (Item 6). By unanimous voice vote of the Board members present, the item was withdrawn. 8. ORDINANCE NO. 18,976 - To amend Chapter 17, Article II of the Little Rock Code, 1988, to add certain business classifications to the schedule of business license fees; amending the due date for payment of business license fees for 2004, and for other purposes. The ordinance was read the first time. The rules were suspended by two - thirds 2 Minutes: Little Rock Board of Directors Meeting November 4, 2003 vote of the Board members present, being two - thirds in number to provide for the second and third readings of the ordinance. The ordinance was read the second and third times. By unanimous voice vote of the Board members present, being two thirds in number the ordinance passed. 9. RESOLUTION NO. 11,624 — To permit the Central Arkansas Transit Authority to oversee the Bus Bench Franchise within the City of Little Rock, Arkansas, and for other purposes. Mr. Bruce Moore, City Manager stated this resolution allows the City to enter into partnership with CATA to operate the Bus Franchise Agreement. Mr. Carpenter, City Attorney stated there is little money involved, and that CATA working with the City, is going to be able to demand that there be shelters at the various bus stops around the City. Mr. Carpenter explained that the franchise has been in place for a number of years, but this would give the city a say in location of benches and shelter. The resolution was read. Director Adcock, seconded by Director Cazort, made the motion to adopt the resolution. By unanimous voice vote of the Board members present, the resolution was adopted. Director Cazort, seconded by Director Graves, made a motion for the Board to go into executive session to consider the various Boards and Commissions appointments. By unanimous voice vote of the Board members present, the meeting was recessed at 7 PM. The meeting reconvened at 7 :30 PM. Mayor Dailey called the meeting back in session. 10. REPORT - City of Little Rock Board of Directors — No report 11. REPORT - City Manager's Activity Report — No report. 12. RESOLUTION NO. 11,625 - - Appointments to Various Boards and Commissions. Synopsis: ADA Grievance Committee - 2 positions, City Beautiful — 3 positions, CHAB — 2 positions, Housing Board of Adjustment and Appeals — 2 positions, Parks Commission — 1 position, Cemetery Board — 1 position, Zoo Board — 1 position. The Airport Commission (1 position) and Planning Commission (5 positions) appointments will be made at a later date after interviews have taken place. Interviews will begin on November 11, 2003. Mr. Bruce Moore, City Manager, announced the following nominations: City Beautiful Commission: Community Housing Advisory Board Housing Board of Adjustment and Appeals Parks and Recreation Commission: Little Rock Zoo Board of Governors Reappointments: Troy Laha and Carol Zoeller Appointment: Cita Cobb Appointment: Grover Evans Appointment: Brit Johnson Appointments: Bill Cobb and William Rahn Reinstatement: Blair Allen Robert Wright, III Director Adcock, seconded by Director Cazort, made a motion to adopt the resolution and make the appointments. By unanimous voice vote of the Board members present, the resolution was adopted. Director Cazort made the motion, seconded by Director Keck to recess the meeting for the purpose of reconvening on November 11, 2003 to consider an ordinance to establish the rate of taxation of property for the City of Little Rock for the year 2004. By unanimous voice vote of the Board members present, the meeting was recessed. Minutes: Little Rock Board of Directors Meeting November 4, 2003 ATTEST: Ci Cler ancy Wood APPROVED: c4w kC '- DdIj V` yor, Jim Dailey