08-06-07Little Rock Board of Directors Meeting — Minutes — August 6, 2007
MINUTES
BOARD OF DIRECTORS MEETING
City Hall — 500 W. Markham
August 6, 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: Richardson, Keck, Wright, Wyrick, Kumpuris, Fortson, Adcock, Vice Mayor Hurst,
and Mayor Stodola. Director Hendrix was absent. Director Dean Kumpuris gave the invocation,
which was followed by the Pledge of Allegiance.
Mayor Stodola asked the Board to consider the listed modifications.
M -1. RESOLUTION NO. 12, 561 - To authorize the City Manager to execute an elective site
clean -up agreement between JBD, Inc., Arkansas Department of Environmental
and the City of Little Rock, Arkansas, and a related indemnity agreement with JBD Inc.; and , d,
for other purposes. Staff recommends approval. Synopsis: JBD Inc. is the successor to Jacuzzi in the lease
of property owned by the City of Little Rock for decades for Act 9 Bond purposes. JBD, Inc. is volunteering
to clean up hazardous waste on the site, which consist of soil contamination from solvents under a building.
The Arkansas Department of Environmental Quality has already approved the proposed cleanup.
M -2. RESOLUTION NO. 12,562 - To award a professional services agreement to Bylites,
Inc. for Event Lighting, Stage and Sound Services, for the Central High School Integration 50th
Anniversary; and for other purposes. Staffrecommends approval.
PRESENTATIONS: No presentations were scheduled for the meeting of August 6, 2007.
A motion was made by Director Cazort, seconded by Director Richardson, to add Items M -1 and
M -2 to the Consent Agenda. By unanimous voice vote of the Board Members present, the
motion carried and the items were added to the agenda.
CONSENT AGENDA (Items 1 -10)
1. MOTION - To approve minutes of the Little Rock Board of Directors Meeting held June 5,
2007.
2. RESOLUTION NO. 12,552 - G -23 -388 - To set the date of public hearing for August 21,
2007, on a request to abandon a public right -of -way and easement rights for East 22 "d Street
and Frazier Pike, located north and east of Bond Street. Planning Commission: 9 ayes, 0 nays, 1
absent, 1 open position. Staff recommends approval. Synopsis: The applicant is requesting the exclusive
abandonment of a portion of East 22 "d Street and Frazier Pike including the abandonment of utility and
drainage easements.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
3. RESOLUTION NO. 12,553 - G -24 -019 - To set the date of public hearing for August 21,
2007, on a request to abandon a fifteen (15) foot wide utility easement located in Lot 1,
Greyrock Subdivision, located at 12700 Chenal Parkway. Planning Commission: 9 ayes, 0 nays, I
absent, 1 open position. Staff recommends approval. Synopsis: The owners of the subject property are
requesting abandonment of a fifteen (15) foot wide utility easement located within the property at 12700
Chenal Parkway.
4. RESOLUTION NO. 12,554 - To set the date of public hearing for August 21, 2007, to
consider an ordinance authorizing the issuance and sale of the City of Little Rock, Arkansas
Sewer Construction Bond, Series 2007, for the purpose of financing certain betterments to the
City's sewer system. Staff recommends approval.
5. RESOLUTION NO. 12,555 - To appoint Mr. Glenn Nishimura as a Commissioner of the
Housing Authority of the City of Little Rock, Arkansas. Synopsis: Mr. Nishimura was appointed to
replace Mr. Ron Copeland, who resigned his Commission earlier this year.
6. RESOLUTION NO. 12556 - Authorizing the City Manager to make application to the
Arkansas Department of Parks and Tourism for assistance to develop recreational facilities
for the City. Staff recommends approval. Synopsis: Authorizing the City Manager to make application to
the Arkansas Department of Parks and Tourism for assistance to develop recreational facilities for the City.
7. RESOLUTION NO. 12,557 - Authorizing the City Manager to enter into a one (1) year
contract, with the option to extend four (4) times, each for a one (1) year period, with
Professional Protection Services, Inc., for security guard services. Staff recommends approval.
Synopsis: Security guard services for city facilities, at a rate of $9.25 per hour.
S. RESOLUTION NO. 12,558 - Authorizing the City Manager to enter into a contract with
Bale Chevrolet, to purchase eight (8) mid -size pursuit rated police vehicles totaling $138,837.44
from the 2007 State of Arkansas Contract. Synopsis: Authorizing the City Manager to enter into
contract with Bale Chevrolet, to purchase eight (8) mid -size pursuit rated police vehicles totaling $138,837.44
from the 2007 State of Arkansas Contract. Contract #SP -07 -0035.
9. RESOLUTION NO. 12,559 Authorizing the City Manager to enter into a contract with All
Service Electric, Inc., for construction of Chenal Parkway at Pride Valley Signal Installation
Intersection Improvements. Staff recommends approval. Synopsis: Authorizing the City Manger to
enter into a contract with All Service Electric, Inc., for construction of Chenal Parkway at Pride Valley
Signal Installation Intersection Improvements. Bid No. 07 -241.
10. RESOLUTION NO. 12560 - Authorizing the sale of certain real property located in the
Little Rock Port Industrial Park; authorizing the Mayor and City Clerk to execute a warranty
deed for the conveyance; and for other purposes. Staff recommends approval. Synopsis: The resolution
permits the sale of certain Port Industrial Park property and authorizes the Mayor and City Clerk to execute
a warranty deed for the sale of the property to L M Glasfiber, Inc.
The Consent Agenda consisting of Items M -1 & M -2, and Items 1 -10 were read. A motion was
made by Director Adcock, seconded by Director Cazort, to adopt the Consent Agenda. By
unanimous voice vote of the Board Members present, the Consent Agenda was adopted.
Directors Hendrix was absent.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
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Speaker: Kathy Wells
Topic: Appointment of Tony Kendall to the Central Arkansas Water Commission
and appointment procedures
Speaker: Clayton Johnson
Topic: Appointment of Tony Kendall to Central Arkansas Water Commission
Speaker: Herb Dicker
Topic: Lake Maumelle Update
Speaker: Mary Lett
Topic: Burned out and abandoned houses on Tracey Avenue in Little Rock
The Grouped Items consisted of Items 11- 23.
11. ORDINANCE NO. 19,787 - LU- 07 -11 -02 — To amend the Land Use Plan (16, 222) in the
Interstate 430 Planning District, located at the northeast corner of Interstate 430 and 36th
Street, from Park/Open Space to Mixed Office Commercial for future development. Planning
Commission: 8 ayes, 0 nays, 2 absent. Staffrecommends approval. Synopsis: To amend the Land Use Plan (16,
222) in the Interstate 430 Planning District, located at the northeast corner of Interstate 430 and 36`h Street,
from Park/Open Space to Mixed Office Commercial for future development.
12. ORDINANCE NO. 19,788 - To amend 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 Browning Road; and for other purposes. Staff recommends approval.
Synopsis: To provide for a deferral of certain requirements within the Master Street Plan until the adjacent
property along Browning Road is developed. The property is located on the east side of Geyer Springs Road
and north of Browning Road.
13. ORDINANCE NO. 19,789 - Z- 8144 -A — Approving a Planned Zoning Development and
establishing a Planned Residential District titled Little Rock Housing Authority Cumberland
Manor Short -Form PD -R, located on East 27th and Cumberland Streets, Little Rock,
Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other
purposes. Planning Commission: 9 ayes, 0 nays, I absent, 1 open position. Staff recommends approval.
Synopsis: The applicant is seeking a rezoning of site from MF -24 to PD -R to allow the development of sixty
(60) units of residential housing.
14. ORDINANCE NO. 19,790 - Z- 8144 -B — Approving a Planned Zoning Development and
establishing a Planned Residential District titled Little Rock Housing Authority Metropolitan
Village Short -Form PD -R, located on East 27th and Cumberland Streets, Little Rock,
Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other
purposes. Planning Commission: 9 ayes, 0 nays, 1 absent, I open position. Staff recommends approval.
Synopsis: The applicant is seeking a rezoning of the site from MF -24 to PD -R to allow the development of
sixty (60) units of residential housing.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
15. ORDINANCE NO. 19,791 - Z- 4451 -D — Approving a Planned Zoning Development and
establishing a Planned Residential District titled Eagle Pointe Addition Revised Short -Form
PD -R, located at 1219 Eagle Pointe Drive, Little Rock, Arkansas, amending the Official Zoning
Map of the City of Little Rock, Arkansas; and for other purpose. Planning Commission: 9 ayes, 0
nays, 1 absent, 1 open position. Staff recommends approval. Synopsis: The applicant is seeking a revision to a
previously approved PRD to allow the construction of a gazebo adjacent to a twelve (12) by forty (40) foot
deck within the rear yard area of this existing home.
16. ORDINANCE NO. 19,792 - Z- 2588 -A — Approving a Planned Zoning Development and
establishing a Planned Residential District titled Freeman Short -Form PD -R, located at 7414-
7416 Indiana Street, Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0
nays, 1 absent, I open position. Staff recommends approval. Synopsis: The applicant is seeking a rezoning of
this site from R -4, Two - Family to PD -R to allow the sale of the individual units along with the transfer of real
property with each unit.
17. ORDINANCE NO. 19,793 - Z- 7854 -A — To reclassify property located on the east side of
Talley Road from R -2 to I -1; amending the Official Zoning Map of the City of Little Rock,
Arkansas; and for other purposes. Planning Commission 9 ayes, 0 nays, 1 absent, I open position. Staff
recommends approval. Synopsis: The applicant is seeking a rezoning of approximately ten (10) acres from R-
2, Single- Family to 1 -1, Industrial Park District, for future development.
18. ORDINANCE NO. 19,794 - Z -8233- Approving a Planned Zoning Development and
establishing a Planned Residential District titled Katillus Cove Short -Form PD -R, located on
the west side of Katillus Road, approximately one hundred and fifty (150) feet south of
Cantrell Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little
Rock; Arkansas and for other purposes. Planning Commission: 8 ayes, 0 nays, 2 absent, I open position.
Staff recommends approval. Synopsis: The applicant is seeking a rezoning of the site to PD -R to allow the
creation of a subdivision plat and the future development of twenty -five (25) new single- family homes.
19. ORDINANCE NO. 19,795 - Z -8228 — Approving a Planned Zoning Development and
establishing a Planned Industrial District titled Simpson Short -Form PID, located at 3617 and
3621 Brown Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of
Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, I absent, 1 open
position. Staff recommends approval. Synopsis: The applicant is seeking rezoning of the site to allow the
construction of a residential storage building within the rear yard area of the applicant's home.
20. ORDINANCE NO. 19,796 - LU- 07 -15 -01 — To amend the Land Use Plan (16, 222) in the
Geyer Springs West Planning District, located at 8911 Interstate 30 from Multi- Family to
Light Industrial for future development. Planning Commission: 7 ayes, 0 nays, I recusal, 2 absent. Staff
recommends approval. Synopsis: To amend the Land Use Plan (16, 222) in the Geyer Springs West Planning
District, located at 8911 Interstate 30, from Multi- Family to Light Industrial for future development.
21. ORDINANCE NO. 19,797 - Z- 8100 -A — Approving a Planned Zoning Development and
establishing a Planned Industrial District titled Purvis Industries Long -Form PID, located on
the southeast corner of Interstate 30 and South University Avenue, Little Rock, Arkansas;
amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes.
Planning Commission: 9 ayes, 0 nays, I absent, I open position. Staff recommends approval. Synopsis: The
applicant is seeking a rezoning of the site from R -2 to PID, to allow the construction of a new building for a
wholesale bearing and power transmission outlet.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
22. ORDINANCE NO. 19,798 - LU- 07 -19 -01 – To amend the Land Use Plan (16, 222) in the
Chenal Planning District located at the northwest corner of Chenal Parkway and Wellington
Hills Drive, from Mixed Office Commercial to Neighborhood Commercial and Office; and for —
other purposes. Planning Commission: 7 ayes, 0 nays, 1 recusal, and 2 absent, 1 open position. Staff
recommends approval. Synopsis: To amend the Land Use Plan (16, 222) in the Chenal Planning District
located at the northwest corner of Chenal Parkway and Wellington Hills Drive, from Mixed Office
Commercial to Neighborhood Commercial and Office.
23. ORDINANCE NO. 19,799 - Z- 4470 -E – Approving a Planned Zoning Development and
establishing a Planned Commercial District tilted Wal- Green's Revised Long -Form PCD,
located on the northwest corner of Chenal Parkway and Wellington Hills Road, Little Rock,
Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other
purposes. Planning Commission: 7 ayes, 0 nays, 2 absent, I recusal, I open position. Staff recommends
approval. Synopsis: The applicant is seeking a rezoning of the site to PCD to allow a replat of Lot 3 to create
two (2) lots and the approval of a site plan for the construction of a retail store on one of the proposed lots.
The grouped items consisting of Items 11 -23 were read the first time. A motion was made by
Director Adcock, seconded by Director Keck, 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. A motion was
made by Director Adcock, seconded by Director Richardson, to suspend the rules and place the
ordinances on third 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 third time.
Kathleen Olsen, League of Women's Voters of Pulaski County, asked why Item 11, did not go to
the Parks Commission, and wanted someone to explain Items 24 & 25. Mr. Moore, referring to
Item 11, stated that a regular meeting is held each week before the Agenda Meeting and staff has
the opportunity to voice any concerns, objections, etc, at that time. He added that Mr. Tolefree,
Parks Director, had reviewed and was satisfied with the application. Vice Mayor Hurst added
that there is not a provision that park land be reviewed by the Parks Commission before the
zoning is changed, but that it is under review and hopefully would give the Parks Commission
the authority to give approval on this type of transaction. Mr. Tony Bozynski, Planning Director,
in reference to Items 24 and 25, explained conceptual PCD. He explained that it sets out the
framework of the development of the property, the potential use mix, lot arrangement, and in
some cases, maximum square footage; but before any development can take place on the
property it has to come back to the Planning Commission and to the Board. Basically it would
be a revision to the original approved conceptual PCD. By unanimous voice vote of the Board
Members present, being two thirds in number the ordinances were passed (Items 11 -23).
Director Hendrix was absent.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
Separate Items consisted of Items 24 -31
24. ORDINANCE NO. 19,800 - Z- 6219 -E — Approving a Planned Zoning Development and
establishing a Planned Commercial District tiled Bella Rosa Revised Long -Form PCD, located
on the southwest corner of Cantrell Road and Bella Rosa Drive at 16055 Cantrell Road,
Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas;
and for other purposes. Planning Commission: 7 ayes, I nay, 2 absent, 1 open position. Staff recommends
denial. Synopsis: The applicant is seeking an amendment to the previously approved PCD to modify the
current allowable hours of operation for the ten percent (10 %) accessory use.
The ordinance was read the first time. A motion was made by Director Adcock, seconded by
Director Wyrick, to suspend the rules and place the ordinance on second reading. 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 time. A motion was made by Director Adcock, seconded
by Director Keck, to suspend the rules and place the ordinance on third reading.
By unanimous voice vote of the Board Members present, being two - thirds in number, the rules
were suspended and the ordinance was read the third time. Mr. Moore stated that staff had
prepared a list of restaurants in the vicinity, and everyone should have a copy at their seat.
Mayor Stodola stated that he had several cards from citizens who wished to speak both for and
against the ordinance. Those opposed were Kathleen Olsen, League of Women Voters of
Pulaski County, and Phil Kaplan. Mr. Kaplan's issues were that this has been before the Board
more than ten times, it is not at a commercial node, and was approved by not informing all the
neighbors when it was originally approved for a mini storage. As soon as this was approved,
they came back in for a change. The developer tried last year to get a change in hours. The
Board turned it down because it was inconsistent with the Highway 10 Plan. He stated nothing
has changed since last year. It's one of five pizza places and one of twenty -one or twenty -two
restaurants between Wal -Mart and Sam Peck Road. All the other restaurants that have extended
hours are in places that are zoned for these hours. The applicant is saying the developer did not
tell them there was restricted hours, and now they want to come before the Board again and ask
the Board to fix it for them. They are not in the same place as the restaurants with extended
hours. He said if they get the extended hours, it will revert to a sports bar. Families will not
come after 8:00 PM. That is not what this is supposed to be. If this is approved, there will be
more developers coming back time after time wearing down the folks that have to come down
here time after time to oppose these types of things. He stated if this is done, the incentive is
there for his client, Mr. Pfeifer to change, and then you won't have the Highway 10 Plan. The
point is they knew what they had when they started this project, and the time has come to stop.
He asked the Board to turn down this request. Kathleen Olsen stated this was contentious when
the Bella Rosa projects was done, and the developers agreed to do a lot of things, and they
agreed to various hours, certain types of operation, to the stipulations that are on them now, so
over they years they have continued to come to the Board to fix a decision they agreed to make.
It would be a bad signal to send to any developer that "you go ahead agree to these conditions,
and then later when things have died down, come back to the Board." She stated last year the
Board turned this down. A pizza restaurant closing at 8:00 PM is probably not a good idea, but it
is not the Boards responsibility to fix the hours. She asked the Board to not get involved in
fixing this application.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
Director Wyrick stated her son -in -law works at the same firm as Bill Spivey and asked if she had
a conflict of interest. Mr. Carpenter, City Attorney, stated he could not answer that for the same
reasons that existed when he looked at the situation the Mayor has with his law firm. He stated
he supposed that her son -in -law was an associate and not a partner, and that would impact
whether he would be gaining any funding due to this, but could not answer it until he looked at
the issues. He advised Director Wyrick if she felt uncomfortable, then that would be up to her to
recuse, but he could not find a conflict at this time. Director Wyrick asked the Board if anyone
had a problem with her staying and voting on the issue. No one had objections.
Those speaking in favor were Wendy Brown, Graham Smith, Beth Cousins, Tommy Williams,
Mike Arnold, and Bill Spivey.
Mr. Bill Spivey spoke in favor of the application saying he was representing RPM, the
developers of the property. He said this is a limited straightforward request. It seeks only a
modest revision in terms of existing hours, and it is for only the 10% accessory use.
He said having reviewed the history of the property he understood why staff was not supportive.
He stated that the application that came before the Board in 2006 was a more extensive hours
request, and included more than the 10% accessory use. He said he understood why Mr.
Bozynski felt compelled not to support the application. He stated that staff in 2006 did endorse
the request which was for longer hours than requested tonight. At that June 2006 meeting, staff
was supportive and quoted "typically restaurants have longer hours and with the use fronting on
Highway 10, we felt the impact would be minimal, and we thought it was a reasonable request."
Mr. Spivey stated that later on in the same meeting in response to a question, Mr. Bozynski,
Planning Director, stated "we didn't look just at restaurants along this corridor, there was a
varied range of hours, and again, we thought it was reasonable to have this type of hours." Mr.
Spivey said he mentioned this only because the present request is for less hours, is fair and
reasonable, and reflective of the applicants recognition and acceptance of the fact that the Board
was not comfortable in approving those hours in 2006. After a lengthy discussion at the
Planning Commission on July 6t', the Planning Commission approved the application. He said it
was a fair and thorough airing of those issues. He stated that Mr. Kaplan made the statement
earlier that nothing had changed since a year ago. Mr. Spivey respectfully disagreed saying that
Mr. Kaplan stated that a year ago there were nineteen restaurants in the area, and none of them
need to close as late as the hours requested. Mr. Spivey stated today, the survey they presented
to the Board showed nearly twice that many restaurants in the same corridor. He said the
Highway 10 corridor means different things to different people. He stated he thought the survey
given to the Board by staff was from Sam Peck Road to Stone's Market. He said the one they
provided included the entire length of Highway 10 and how many restaurants are from the I -430
west, all the way to Chenal Parkway. If you look at the hours, you will find there are only a few
that close earlier than Jim's Razorback Pizza, maybe only two or three. Most have similar hours,
some are exactly the same and a few more close later. The owners of Jim's restaurant have had a
year to operate. You have been told they have done a lot of things, and have been told it is
disreputable. They sell salads, pizza and pasta, and if you are of age, you can have wine or beer
with your meal. There is nothing unsavory about this place. It is not a hangout. The present
8:00 PM closing time does not allow people time to get home and then get back to the restaurant
for a meal, even if the hours were open longer. He said there are no plans to come back and ask
for something else.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
He said they were only asking for an equal opportunity the other restaurants in the area have. He
said they have accepted the zoning and are working within the bounds to live up to that zoning.
This is a simple request to expand the hours of operation. Mr. Mike Arnold, owner of Razorback
Pizza, said the restaurant is not a sports bar. People in the neighborhood have signed petitions
requesting they stay open later. He said they sponsor a lot of sports teams and have groups of
people who come several nights a week to see their friends. 79% of their sales are food sales.
He handed the petition to the Board who handed it to the City Clerk to be filed. Director Wright
asked Mr. Arnold why he didn't simply move to an area where he could operate with later hours.
Mr. Arnold replied that he has a huge financial investment where he is, equipment, etc., but even
more than that, when twelve or thirteen hundred people come in the restaurant and sign petitions
saying they want them to be there, and to have later hours, and said he feels they are a part of this
community. She asked if he was renting, and what would happen when the lease is up and the
owner wanted him out. She said people have continually come down here and said the Board
has not upheld the Highway 10 District. There is commercial all up and down the road, and she
did not understand why he needed extended hours, and why he didn't just move into a district
that allowed those extended hours. Mr. Arnold answered that he liked being in this community,
felt a part of the community and again, for financial reasons. He felt the only place he has to
come and make this request is with this Board. Director Keck said he was very familiar with the
establishment, and wanted to make sure that that he was saying that approximately 80% of the
business is food related products, and clarified the hours of operation being requested was to
10:00 PM on Sunday through Thursday and until 11:00 PM on Friday and Saturday. Ms. Wendy
Brown filled out a card but did not speak. Graham Smith told the Board that he and his wife
have plans to build a house right behind Jim's Restaurant, and if it were a tavern, they would not
be building there. He said he knows both owners and they are good men and supportive of the
community. He said staying open to 10:00 PM or 11:00 PM did not seem unreasonable to him.
Tommy Williams said he lived in Pinnacle Valley and echoed the same sentiments of the others,
saying he has young kids involved in extracurricular activities and with the 8:00 PM closing
time, coming to this restaurant after their activities is not a option. It is a wonderful place and is
a part of the community. Beth Cousins, said between basketball and other after school activities
of her teenage children, eating together is rarely an option before 7:30 PM or 8:00 PM. She said
her kids do like to watch sports and eat at the same time, and they do not get to do this at home,
so with the restaurant closing at 8:00 PM this is rarely and option for them to go there. She said
they don't eat at 10:00 PM but would like to eat at 8:00 PM.
Director Kumpuris asked Mr. Bozynski his recommendation on the extended hours had been
when this came to the Board last year. Director Kumpuris stated if memory served, the vote
came down to 8:00 PM or 12 Midnight, and thought that basically what they are offering tonight
was what staff was offering last year. In his opinion, that if this change had been proposed then,
it would probably have passed. Director Fortson said in the write up it stated that staff's decision
is based on the Boards decision to deny the request last year, and took it that, this is why staff's
recommendation is to deny the current request. Mr. Bozynski stated they felt with the Board
making the final decision as to the current hours that staff should support the Board decision.
Vice Mayor Hurst said she had no problem with supporting small business, and was curious why
staff was supportive last year of the extended hours, when it is not in a commercial node.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
Mr. Bozynski stated that they looked at other restaurants, and determined longer hours was the
norm and it was facing an arterial and it is 10% accessory use, and does not exceed that
limitation. She said that is fine if it falls in the commercial node but the plan is to define where
the commercial node would be. She asked if it was ever considered originally that the 10%
might be a restaurant, and that an 8:00 PM closing might not be appropriate. Mr. Bozynski
stated the approval in 2004 was for 10% accessory uses and the restaurant is 2800 or 2900 square
feet and is the extent the 10% in the project. Mayor Stodola stated he recalled at least three
businesses that have been recently approved for extended hours in this corridor. Director Wright
asked about the Highway 10 Plan and what this application would do to the Plan. Mr. Bozynski
answered that the Plan would not change; the property is shown as transition and what is before
the Board is to revise the existing PCD which had existing hours of operation. All that would
change are the hours of operation, the Plan would not change. The project has been built and it's
meeting those standards. Director Hurst asked what all could go in there as an accessory use.
Mr. Bozynski replied that it could be an antique shop, barber & beauty shop, book store, camera
shop, florist, pharmacy, clothing store, hobby shop, key shop, laundry pick -up service, eating
establishment without drive -in service, tailor shop, etc. There were no other comments or
questions.
Mayor Stodola asked the clerk to call the roll. The roll was called and recorded as follows:
Directors Fortson, Adcock, Keck, Wyrick, Kumpuris, and Mayor Stodola Voted yes; Directors
Richardson, Cazort, Wright, and Vice Mayor voted no. Director Hendrix was absent. The
ordinance was passed.
25. ORDINANCE NO. 19,801 - Z- 5096 -B — Approving a Planned Zoning Development and
establishing a Planned Commercial District titled Woodlands Edge Conceptual Long -Form
PCD, located on the southeast corner of Kanis and Kirby Roads, in Little Rock, Arkansas; and
for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis:
The applicant is seeking a rezoning of this site from C -1, 0-3, and R -2 to PCD to create a conceptual PCD to
establish allowable uses and create a six (6) lot plat from this 14.54 acre tract.
26. ORDINANCE NO. 19,802 - 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 Kanis Road. Staff recommends approval. Synopsis: Authorizes a deferral of street
improvements required under the Master Street Plan for five (5) years, until the lots that front Kanis Road
develop, or until adjacent property is developed, whichever occurs first, for Woodlands Edge Conceptual
Long -Form PCD, located at the SE corner of the Kanis, Kirby and Cooper Orbit Roads Intersection.
A motion was made by Director Keck, seconded by Director Cazort, to group items 25 & 26. By
unanimous voice vote of the Board Members present, the motion carried. Items 25 and 26 were
read the first time. Director Adcock, seconded by Director Keck, made the motion to suspend
the rules and place the ordinances (Items 25 & 26) on second reading. By unanimous voice vote
of the Board Members present, being two - thirds in number, the rules were suspended and the
ordinances (Items 25 & 25) were read the second time. Director Adcock, seconded by Director
Cazort, made the motion to suspend the rules and place the ordinances (Items 25 & 26) on third
reading. By unanimous voice vote of the Board Members present, being two - thirds in number,
the rules were suspended and the ordinances (Items 25 & 25) were read the third time. By
unanimous voice vote of the Board Members present, being two thirds in number the
ordinances (Items 25 & 26) were passed.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
PUBLIC HEARINGS: Items 28 — 30.
27. PUBLIC HEARING & ORDINANCE LU- 07 -18 -02 — To appeal the Planning
Commission's denial to amend the Land Use Plan (16,222) in the Ellis Mountain Planning
District from Mixed Office Commercial to Commercial. Planning Commission: 2 ayes, 6 nays, I
abstention, 2 absent. Staff recommends denial. Synopsis: To amend the Land Use Plan (16,222) in the Ellis
Mountain Planning District from Mixed Office Commercial to Commercial. The ordinance was read
the first time. The public hearing was declared open on Items 27 and 28.
A motion was made by Director Adcock, seconded by Director Richardson, 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 was read the
second time. A motion was made by Director Keck, seconded by Director Cazort, to suspend the
rules and place the ordinances on third reading. By unanimous voice vote of the Board Members
present, being two - thirds in number, the rules were suspended and the ordinance was read the
third time.
At the end of discussion the public hearings were closed and a roll call vote was taken on Item
27 and recorded as follows: Directors Fortson, Adcock, Richardson, Keck, Wright, Wyrick,
Kumpuris, Vice Mayor Hurst and Mayor Stodola voted no; Director Cazort voted yes, and
Director Hendrix was absent. The ordinance failed.
28. ORDINANCE - Z- 6933 -A — To appeal the Planning Commission's denial of a rezoning of a
site located on the northwest corner of Kanis and Kirby Roads, Pulaski County, Arkansas.
Planning Commission: S ayes, 3 nays, I recusal, 2 absent. Staff recommends denial. Synopsis: The applicant is
appealing the Planning Commission's denial for a rezoning of the sites from C -1, Neighborhood Commercial
to PCD to allow the development of the site with a convenience store with gas pumps and a freestanding
automatic carwash.
Terry Burrows, architect representing the applicant stated that this was a project they had been
involved with for several months. He said they were tying to build a small neighborhood
convenience store at the corner of Kirby and Kanis Road. They are not proposing any land use
plan changes, it is currently zoned C -1, and it is in the county, currently zoned as mixed use. He
said they had researched in Little Rock, and had not found what they believed would be a true
neighborhood convenience store. Most of the ones they researched had heavy pavement, heavy
lighting, and lots of traffic, not at all what they were planning. Traffic in this area is already
being generated and would more than suffice for this development. The developers would
provide improvements to Kanis Road. They have agreed to good buffering and that the site
lighting would be low level and directed inward. This is needed by the neighborhood, and he
asked for the opportunity to build. Director Adcock asked if the Board was receiving new
information tonight. Mr. Burrows stated this information was presented at the Planning
Commission. Mr. Bozynski stated that the sketch on the screen being shown was incorrect, and
he was making new copies for the Board. Mr. Bozynski stated the application was amended at
the Planning Commission to include, that they would comply with the Dark Sky Lighting
Standards; sign lighting would be eliminated except for store hours which would be until 10 PM
on Saturday through Thursday and 11:00 PM on Saturday and Sunday.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
Buffering shall be installed and the sign a maximum to twelve feet high and a maximum of 14
feet wide. Mayor Stodola asked if this was consistent with the existing zoning. Mr. Bozynski
stated staff felt there should be an office component. Mr. Burrows said theirs was small
developments, approximately two acres, as compared to the development that was proposed
across the street. Ross Phillips said the Spring Valley Property Owners Association had a
meeting with the builder, and they showed the members the plan. The POA (Property Owner's
Association) did not take a stance on the issue, but he felt this was important to be passed. There
is going to be a lot of development on the corner, and the developer is willing to do massive
improvements to Kanis and Kirby Road. Lenice Garrison, being a part of the Parkway Place
Neighborhood Association, stated they have battled to keep a C -4 use from adjoining their
property. There is already a lot of traffic, and deep ditches on Kirby to Kanis. She said she had
spoken to some of the neighboring POA's and did not feel they were supportive. She said
everyone wants street development, but was not supportive of a gas station going in which would
generate more traffic, and that the Parkway Place Neighborhood Association had voted against
the development. Cliff McKinney spoke in opposition, saying he was a member of Parkway
Place Neighborhood Association, and was also here in the capacity of their attorney in this
matter. He said he and other homeowners had purchased their property under the belief that this
was zoned for neighborhood commercial, and a convenience store and carwash does not fit
within this zoning. Most of Kirby Road has already been built with residential, and there are
over twelve gas stations in a three mile radius. He said staff has opposed this, and they would
ask the Board to deny the appeal.
A roll call vote was taken on Item 28 and recorded as follows: Directors Fortson, Adcock,
Richardson, Keck, Wright, Wyrick, Kumpuris, Vice Mayor Hurst and mayor Stodola voted no;
Director Cazort voted yes, and Director Hendrix was absent. The ordinance failed.
29. PUBLIC HEARING & ORDINANCE NO. 19,803 - G -23 -383 -To abandon the west
fifteen (15) feet of the Van Buren Street right -of -way (fifteen (15) feet by one hundred and
forty (140) feet) located adjacent to Lot 1, Block 12, Newton's Addition to the City of Little
Rock, Arkansas (5101 Hawthorne Road), Planning Commission: 9 ayes, 0 nays, 1 absent, and 1 vacant
position. Staff recommends approval. Synopsis: Thomas and Paige Rystrom, adjacent property owners,
request to abandon the west fifteen (15) feet of the Van Buren Street right -of -way fifteen (15) feet by one
hundred and forty (140) feet) located adjacent to Lot 1, Block 12, Newton's Addition to the City of Little
Rock (5101 Hawthorne Road).
The public hearing was opened and the ordinance was read the first time. A motion was made
by Director Adcock, seconded by Vice Mayor Hurst, to suspend the rules and place the
ordinance on second reading. 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 time.
Director Adcock, made a motion seconded by Director Keck, to suspend the rules and place the
ordinance on third reading. By unanimous voice vote of the Board Members present, being two -
thirds in number the rules were suspended and the ordinance was read the third time. Mayor
Stodola closed the public hearing. A roll call vote was taken and recorded as follows: Directors
Fortson, Adcock, Richardson, Keck, Wright, Wyrick, Kumpuris, Vice Mayor Hurst, Mayor
Stodola voted yes, Director Hendrix was absent. Director Cazort was not present for the vote.
The ordinance was passed.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
30. PUBLIC HEARING & ORDINANCE NO. 19,804 - Z- 8193 -A - Approving a Planned
Zoning Development and establishing a Planned Commercial District titled Rawls Short -Form
PCD, located at 801 South Chester Street, Little Rock, Arkansas; amending the Official Zoning
Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 4 ayes, s
nays, 2 absent. Staff recommends denial. Synopsis: The applicant is seeking an appeal of the Planning
Commission's denial of a rezoning of this site from UU, Urban Use District, to PCD to allow a ground
mounted sign, outdoor display and sales of automobiles and an outdoor automobile detailing shop to be
present on the site.
Mayor Stodola opened the public hearing. The ordinance was read the first time. A motion was
made by Director Adcock, seconded by Vice Mayor Hurst, to suspend the rules and place the
ordinance on second reading. 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 time.
Director Adcock, made a motion seconded by Vice Mayor Hurst, to suspend the rules and place
the ordinance on third reading. By unanimous voice vote of the Board Members present, being
two - thirds in number the rules were suspended and the ordinance was read the third time.
Kathleen Olsen, League of Women Voters of Pulaski County, asked the Board to deny the
request. She said this is an urban development area, and one of the things they are asking for is
automobile sales and detailing, and their sign would be in the right -of -way. She felt they
originally had asked for more, and this was just a bargaining chip now that they were asking for
less. Director Adcock asked for clarification regarding fuel sales at this location. Mr. Bozynski
stated they currently sell fuel. Mr. Bozynski stated he is allowed to sell fuel, and some signage,
and a conditional use permit had been approved for some sort of recycling. Mr. Bozynski stated
he understood this would be an outside hand car wash, wax, etc., not a machine wash. Mayor
Stodola asked if the three cars (the number of cars for the car lot) for sale were bio- diesel. Mr.
Bozynski said this did not come up at the Planning Commission, but the permit was to allow auto
sales. Director Fortson asked for clarification. Mr. Bozynski stated the original application
which was denied and was not appealed to the Planning Commission was for a ground mounted
sign and they were asking for a larger number of vehicles to be sold. This application asks for a
reduced number of cars and asked for a monument type sign. It is an entry into downtown, and
if you go north to Cantrell there is a monument sign that seems to be working. Mr. Rawls, the
applicant, stated that he had been selling fuel at this location. He stated he shared the Boards
views in having a vibrant downtown district. He said there is much to do in helping our country
achieve greater energy independence. He said he purchased the property in 2006 and there was
no question that this property was accurately and appropriately zoned for this use, and that there
has to be other types of revenue generated in a business such as this because few gas stations
survive on selling only gas. He stated the move to allow greater commercial use to this property
is reasonable. He wanted only to develop his business, and continue to be a contributing citizen
of the City. Director Wyrick asked why he would be selling only three automobiles. Mr. Rawls
answered that one of the projects of his business is to convert vehicles to run on vegetable oil,
and in doing so, take a vehicle that has been converted and have it for sell. In doing this, a
customer may have a vehicle to trade -in. What he is interested in doing is promoting alternative
energy and in particular those that would help us move toward independence from petroleum
based products. The move to be able to sell those vehicles there is a consistent and expected part
of the operation.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
He said when he approached the Planning & Zoning Department about what he could do to
remedy the taking of the I -2 zoning with the blanket rezoning in 2000 he was informed that he
needed to seek a zoning variance, and when he met with Ms. James, from Planning and Zoning,
her suggestion to him was that he approach the project as twenty years out, to imagine how your
business would be in twenty years, and he said he did that. He explained (in reference to the
original application) that when he originally asked for the twenty vehicle permit, he said he was
met with distain at the Planning Commission. He said he would be converting the vehicles at
this location and that the prospect of doing detailing was a revenue producing part of the
business, and had conceded to do the dealing inside the building. He said they would do wheel,
tire sales, etc, which he is allowed to do now. The problem is the zoning that was attached to the
property from 1984 to 1992 was removed. The primary issue has to do with signage, and no
product on display outside the building. He said he has had people come to the station who said
they did not know he was open because they did not see the signs. He said the only issue at this
point is the product display in locations outside the building. The property served as a service
station for forty years. The landscaping is in place and grounds are presented well. Carrol
Sisson said he apologized if he had been a source of confusion to Director Adcock and Director
Fortson. He said what he was telling them is that he had run a service station at that location
since 1992. The UU designation changed in 2000, and said he ran this business until 2002, and
was never approached and had no indication that the 1 -2 had been taken away. He stated the Mr.
Bozynski told him that had he never closed the business, it would not have been an issue. He
said he closed the service station for economic reasons in 2002, and proceeded to maintain the
pumps and fuel delivery systems in active mode. They were never turned off because the
environmental people will not allow you to turn those off unless you are in a closed condition,
which would have meant he could not use it as a service station anymore. He maintained those
in active condition including reading the meters every month, because that is the only reasonable
use for this property. He said he thought that Mr. Rawls was trying to do a good thing with the
property and he would have vigorously opposed the UU zoning if he had known about it. He
said you really can't sell gasoline if you can't advertise the prices. Mark Johnson stated he was
present tonight as a citizen and a bio -fuel advocate. He said he had converted his vehicle to bio-
diesel, and this is the same stuff that restaurants discard, and this would not be a car lot. He said
Mr. Rawls is trying to contribute a lot. He said it works, it's clean, and it's green and does not
go into the sewer for waste water to have to deal with.
Mayor Stodola closed the public hearing, and asked for a roll call vote which was recorded as
follows: Directors Fortson, Adcock, Richardson, Keck, Wright, Wyrick, Kumpuris, Vice Mayor
Hurst, and mayor Stodola voted yes. Director Hendrix was absent. Director Cazort was not
present for the vote. The ordinance was passed.
OTHER BUSINESS
31. EXECUTIVE SESSION & RESOLUTION To make appointments to various City of
Little Rock Boards and Commissions. (August 6, 2007.
A motion was made by Vice Mayor Hurst, seconded by Director Wright, to defer the
appointments until September 21, 2007. By unanimous voice vote of the Board Members
present, the motion carried and the appointments were deferred to the next regular meeting.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
Director Adcock asked for a report that she had requested from Mr. Carpenter regarding over
crowding at the County Jail, and the care and custody of the prisoners in terms of capacity, and
an injunction. Mr. Carpenter stated what he had found was the County's capacity at 880 was a
function of budget and not of function of anything else. Throughout the country that type of
limitation is not considered adequate. In terms of what is happening around the country, in terms
of overcrowding conditions, is substantial. The Eleventh Circuit Court had a case in 2006 in
which prisoners were forced to sleep on mattresses in the hallway, corridors and the day rooms;
they said it was a result of overcrowding conditions; and the courts rejected the case. Out of the
Eighth Circuit Court in Arkansas in 2005, was granted a summary judgment even though the jail
was virtually twice what it was supposed to be. Mr. Carpenter went on to cite several more
cases. The courts have indicated if there are attempts to provide sanitary materials to clean
clothes, blankets, etc, they are not disinterested. The argument of over crowding has expanded
somewhat from the 1980s. The issue, should the sheriff be taking prisoners that are charged with
crimes. The courts have said they need to hold people that cannot make bail until their trial is a
legitimate government interest and if that results in over crowding there is a rational basis for
that circumstance. Under those circumstances and the materials provided to the board in the
past, the City is not limited to just hearing the sheriff say they don't think it is constitutional; that
the only one that can make that declaration is going to be a court, mostly likely a federal court.
No court has held the jail to be unconstitutional. The only jail that has been held to be
unconstitutional is the old jail facility that was limited to 220 and then 240 based upon a consent
decree. The County's argument is that there was a stipulation at the time they closed that
lawsuit. There is no judgment that limits the number of people that can be held at the Pulaski
County Regional Detention Facility. He said he was asked for options and it seems to him there
are two. One is if the jail is strapped for cash then the approximately one million dollars that is
spent for medical care at a private facility could probably be stopped if the County would send
the prisoners to the University of Arkansas Medical Sciences Campus; who are under Arkansas
State Law, required to take these prisoners and to provide indigent care. The Arkansas Supreme
Court provision of medical facilities to a prison says that has to be provided by the county or
government but does not say they have to pay for it if they choose to go a hospital that is
required to provide such indigent care as opposed to a private facility. He said the City could
provide an ordinance that they were not going to provide funding to the County unless, or until
they stop picking up the million dollars of unnecessary costs to send these people to a private
hospital. That is a million dollars that would probably pay for more than enough guards to take
more than enough prisoners, so that the City does not have to release them on to the street. The
mandatory injunction would seek that the sheriff performs his constitutional and statutory duty
under Arkansas law. The political issue is whether the Board wants to do anything on the
medical issue.
Director Keck made a motion to recess this meeting and reconvene next week to take this issue
up after the Board has time to digest the report from the City Attorney as well as the City
Manager's analysis. Vice Mayor Hurst seconded the motion. Director Hurst asked if an
injunction would require a resolution from the Board. Mr. Carpenter answered that he would
prefer that any action taken would be directed by the Board. Vice Mayor Hurst asked if Mr.
Carpenter could have the resolution prepared by next week for the reconvened meeting. Mr.
Carpenter answered that he could. Director Wyrick asked if this action could be taken only by
the City of Little Rock, without collaboration of the other cities. Mr. Carpenter answered yes.
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Little Rock Board of Directors Meeting — Minutes — August 6, 2007
Director Adcock asked Mr. Carpenter if he would contact the other cities. Mr. Carpenter stated
he could, but felt that it might be more appropriate to come from the City Manager. Mr. Moore
stated staff would notify the other cities involved. By unanimous voice vote of the Board
Members present, the meeting was recessed to reconvene on August 14, 2007.
Mayor Stodola made an announcement that August 7, 2007 is National Night Out, and
encouraged Board Members and citizens to take part.
ATTEST
Na cy Wo , CMC
City Clerk
15
APPROVED:
Mark Sto
Mayor