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11-21-00r qq Minutes Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas November 21, 2000 The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Daily presiding. Director Keck gave the invocation, which was followed by the Pledge of Allegiance. City Clerk, Nancy Wood called the roll with the following Directors present: Directors Pugh, Hinton, Cazort, Keck, Wyrick, Kumpuris, Kelly, and Adcock — total 8; Absent 2 — Director Stewart, Director Lichty. With a quorum present, Mayor Dailey declared the meeting in session, and was recorded as follows: Mayor Dailey announced The Rockefeller Show Choir. Mayor Dailey asked the board for a motion to defer to December 19, 2000, Item Number 9, an Ordinance - Z -4923 —A — Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled Summit Mall — Revised PCD, located at the southwest corner of Shackleford Road and Interstate 430, located in the City of Little Rock, Arkansas, amending Ordinance No. 15,385 and Chapter 36 of the Code of ordinances of the City of Little Rock, Arkansas; and for other purposes and Item Number 17 — An Ordinance to amend Chapter 32 of the Little Rock City Code. To increase the penalty for violation of overtime parking in all unmetered restricted and metered parking areas from $5.00 to $10.00. Mayor Dailey asked for an amendment to Item 2, A motion- To set the date of public hearing for December 12, 2000 on the appeal of the Planning Commission's decision to deny a Conditional Use Permit for the Fellowship Bible Church, located at 1811,1801, 1711, 1701 Napa Valley Drive, in the City of Little Rock, Arkansas. This was to change the original date of December 5, 2000 for the Public Hearing to December 12, 2000, due to the change in the Board of Director's meeting date from December 5, 2000 to December 12, 2000.) and Item 15 a Resolution- To change the name of Rose Street to Business Park Drive, located on the north side of Kanis Road between John Barrow Road and Michael Street, in the City of Little Rock, Arkansas. ('This item was listed incorrectly on the agenda as an ordinance, and should have been listed as a resolution.) Director Adcock asked for Item 16 an ordinance dissolving Sewer Improvement District 144 of Little Rock, Arkansas; and prescribing other matters pertaining thereto to be deferred until the fourth whereas, which is paying the distribution to the property owners, is completed.) Mr. Carney, City manager, stated that the terms have not been met and there is no date certain, so it will be deferred indefinitely. (Deferred to an indefinite time.) Mayor Dailey asked for this item to be part of the motion to modify the agenda. Director Kelly asked if the third and final reading on Item 9 (Summit Mall) would take place in 2001? Mayor Dailey said he could not answer that for sure. Director Kelly stated he would like to have the opportunity to vote on this issue before he left office at the end of December. He stated that if this issue goes to December 19, 2000, that would be the last board meeting of the year. Mayor Dailey said that would be correct unless there is a reconvened or special meeting called. Director Kelly said he would like to voice opposition to waiting that long for the second reading. He would like it to be moved up, to have the third reading on the last Tuesday in December. Mayor Dailey said he could not answer that because there is two parts of that equation. One has to do with the applicant, and two could have to do with whether there are eight votes to suspend the rules and go to the third reading. Director Kelly asked what could he do to assure that I could at least have a chance of voting after the final reading. Mr. Carney stated that the applicant made the December 19`h date certain. Mayor Dailey stated that he did not know if this could be resolved. Director Keck made the motion to make the modifications and f yr� amendments to the agenda. Director Adcock seconded the motion, a voice vote was taken, and all were in favor except Director Kelly who voted no. The motion passed. 1. MOTION - To approve minutes of regular meetings: October 3, 2000, October 17, 2000, and the October 10, 2000 reconvened meeting. 2. MOTION - To set the date of public hearing for December 12, 2000 on the appeal of the Planning Commission's decision to deny a Conditional Use Permit for the Fellowship Bible Church, located at 1811,1801, 1711, 1701 Napa Valley Drive, in the City of Little Rock, Arkansas. (Planning Commission: 1 yes, 8 no., and 1 abstention.) Staff recommends denial. 3. RESOLUTION NO. 10,931 -A - Authorizing the City Manager to enter into a contract agreement with Sterling Trucks of Arkansas, Inc. for the purchase of one (1) 12.5 ton Crane Truck in the amount of $97,942.00 4. RESOLUTION NO. 10,932 - Authorizing the City Manager to enter into a contract with Sterling Trucks of Arkansas, Inc. for the purchase of two (2) 12 CY Dump Trucks in the amount of $11 8,786.00. 5. RESOLUTION NO. 10,933 - Authorizing the City Manager to enter into a contract with Midway Ford Truck Center for the purchase of two (2) Crew Cab Dump Trucks in the amount of $114,762.00. (Resolution being prepared by the City Attorney.) 6. RESOLUTION NO. 10,934 - Authorizing the City Manager to enter into a contact with J. A. Riggs Tractor Company for the purchase of one (1) Low Ground Pressure Crawler Dozer in the amount of $66,000.00 7. RESOLUTION NO. 10,935 - Authorizing the City Manager to enter into a contract with the Consulting Engineers Group to perform a comprehensive parking study in the downtown area in the amount of $58,000. 8. RESOLUTION NO. 10,936 - Authorizing the City Manager to enter into a one year contract with option to renew each year for four additional years, with Genesis Environmental Consultants for environmental sampling at the City of Little Rock Landfill. 15. RESOLUTION NO. 10,937 - To change the name of Rose Street to Business Park Drive, located on the north side of Kanis Road between John Barrow Road and Michael. Street, in the City of Little Rock, Arkansas. The consent agenda was read. Director Adcock made a motion to adopt the consent agenda. Director Pugh seconded the motion, and by unanimous voice vote, the consent agenda was adopted. 9. ORDINANCE - Z -4923 —A — Approving modification to a Planned Zoning District and providing for the establishment of a Planned Zoning Development titled Summit Mall — Revised PCD, located at the southwest corner of Shackleford Road and Interstate 430, located in the City of Little Rock, Arkansas, amending Ordinance No. 15,385 and Chapter 36 of the Code of ordinances of the City of Little Rock, Arkansas; and for other purposes. (This item was deferred to December 19, 2000. 10. RESOLUTION &PUBLIC HEARING - Z-6876 — To rescind the Planning Commission's decision to deny a Conditional Use Permit for a car wash in combination with a gas station and convenience store located at 7200 W. 12th Street. (Planning Commission: 8 no, 3 absent) (Staff recommends approval with conditions) (Deferred from October 17, 2000.) Mayor Dailey declared the public hearing ope. The staff presentation was made by Mr. Jim Lawson, Director of Planning and Development. Mr. Lawson stated this was a request to rescind the denial of a CUP (Conditional use Permit) for a car wash. Mr. Lawson said the request before the board tonight was only for the car wash. This property is zoned C -3 which would allow the convenience store and the gas 2 pumps. The applicant went to the Planning Commission to obtain a permit for the car wash, which would be part of the convenience store. Mr. Lawson presented a drawing depicting the location of the development. He explained from staff's standpoint, they felt to have a car wash in this area would be appropriate from a zoning standpoint. He said one of the concerns that has been raised from the neighborhood is the fact that you have an automatic car wash and then the self service car washes also, and there is concern this would generate more cars in the area, this would generate according to the information they received that there are some people concerned this may become a drug hangout. Mr. Lawson said from a land use standpoint they had no problem with it. Mr. Lawson asked the board to refer to their notes, saying that the vote was not a close vote at the Little Rock Planning Commission. He said there were 0 votes for and there were 8 against it. Director Cazort asked Mr. Lawson if the only issue before the board tonight was the question of the car wash. Mr. Lawson said there were car washes also, the type you would get out of your car and operate. Director Cazort said then, the Planning Commission's denial of the Conditional Use Permit still allows them to go forward with the convenience store and the gas pumps? Mr. Lawson said that was correct. Director Cazort said and what they are doing is appealing that decision, and asking the board to permit the car wash, and that's the only decision before the board? Mr. Lawson answered that it was. Director Keck asked if this was going to be just a convenience store, food mart? Mr. Lawson said all he was aware of was that it would be a convenience store with gas pumps. He sad the applicant has not expressed to them that there would be a Taco Bell or Fried Chicken, etc. Mr. Lawson confirmed that with the applicant. Director Adcock asked if the cemetery located close by was an active cemetery. Mr. Lawson said that it was. Director Kelly stated to Mr. Lawson that he had pointed out that the vote was eight against, and asked Mr. Lawson if he could summarized why the vote, despite staff's recommendation, was eight against? Mr. Lawson said he thought it was because the people who live in the University Park area were so opposed to it. Mr. Lawson said there was a petition that approximately eleven pages of names against the car wash. Mr. Lawson said he didn't know if the Planning Commission had talked to staff about why they were turning it down, but thought there was a lot of opposition to it. Mr. Carney, City Manager, stated he thought it was in direct response to concerns raised by the neighborhood. Director Cazort asked under the C3 -- zoning, would they have an absolute right to put in a fast food combination in the store. Mr. Lawson said they could do that. Mr. Lawson said the is a 2.1 acre tract, and if they were not allowed to put the car wash, they could but another building or so on the back for fast food, or something like that. Mr. Lawson said they would have to come forth for a site plan review, multiple building, before the Planning Commission, but it would not come before the board and would not be a zoning question. Director Hinton asked if a traffic study had been done. Mr. Lawson said it had not, that it's an arterial, Rodney Parham is an arterial, and this would have little impact in terms of number of cars. He said there are a lot of cars coming through that intersection everyday. The applicant's representative, Mr. Jim Hathaway, gave an overview of the project. He said they were here on a land use issue and it was to determine if a state of the art car wash, valued at seven hundred thousand dollars is a suitable land use for the 2.2 acre site at the north east corner of Rodney Parham and 12`h Street. He stated several of these model stores had been built in the central Arkansas area. He said it's a full -scale convenience store with a deli; it will have a Baskin Robbins as a co- branding, and have gas pumps. He said the economics commanded them to seek other allowable permitted uses under the C -3 zoning, which would involve more co- branding, more restaurants, or more intensive use of the building, as this land has been zoned C -3 for over twenty years. He said logically the trips to a car wash, because they are not as active in certain times of the year is less than what it could be if some of the more intensive allowable alternatives were utilized. He said it's not just a simple little car wash; it's a state of the art. He said the site is surrounded on three sides by paved road, two of which are four laned, the third is the drive leading in to the mini storage to the east, and the eastern boundary is the cemetery. He said he believed this a fair and reasonable request and asked the board to vote to overturn the Planning Commission's decision. The first point is the proposed use makes sense. He said it is entirely consistent with the existing land use in the area. He said the closest single - family land is the University Park Subdivision, which is located a quarter of a mile (1320 ft.) or four city blocks to the east, and is separated from this site by the cemetery. Businesses located within two to three blocks of this site include, a concrete plant, two lawn services, a parking lot striping business, a sports bar, a barbeque restaurant, a newsstand selling adult periodicals, a foreign car service business, sales and rentals of power equipment, a U -Haul Dealership, and a large number o other businesses which are either wholesalers, distributors, or light - manufacturers located in industrial buildings or warehouses. The rest of the properties within a two and a half block area are all office buildings. He said the second point, they believe this is a zoned site, zoned C -3 and believe this is a logical use and one that is entirely in keeping with the land use, and there is support in the immediate area. He said there are people in the immediate area who are in support of the application. Mr. Ralph White, 913 S. Hughes, President of the University Park Neighborhood Association, said they were opposed to the car wash, citing not only the extra traffic this would bring into an area that is already horrendous, but that the main concern is that from experience, there is loitering and there is a drug problem around these car washes, he said he had personally witness dope deals done right in front of him. He said this is primarily a black area, and he did not like to speak of it that way, but the facts of life is that, and you have druggies that hang out there all the time. He said you may not have that problem out in the west part of Little Rock, but where they are located, just a throw from Woodrow, 12th Street, Fair Park and it is highly drug infested, and they do not want this activity coming in closer to them. He said low activity type things, they have no objection to, but their neighborhood is a good neighborhood, a clean neighborhood and they wanted to keep it like that. He asked the board to turn the car wash down. He said he could take a person right now, and if you went to buy a loaf of bread, somebody would try to sell you some dope. Director Keck said he wanted to make sure there was no misunderstanding of what is taking place, that sometimes something can get lost in the discussion and wanted to make sure it hasn't from either the applicant or the neighborhood. Director Keck said he wanted to make sure the opposition was to the car wash. Mr. White answered that personally his opposition was to the whole thing, but he understood that the zoning allowed certain things, so common sense prevails. Director Keck stated that based on what the applicant has just said, if the car wash doesn't go in there will be something of more intense use come forward than what is proposed here. Mr. White said they were all aware of what the zoning is and what could go there. Ms. Estelle Matthis, 6303 Shirley Drive, was the next speaker in opposition to the car wash project. She said she wanted to talk about the quality of life that can't be measured. She said she found it strange that the developers did not come and talk to them to see what the problems were and try to work out something; it bothered her why they did that. She stated that people come into this area, but they do their business and they leave, and it's quiet and peaceful. A convenience store will erase that. She said there would be people coming in from all other areas. She said the cemetery is there, where many of their loved ones are buried there. She said they do not want a car wash in their neighborhood. She said there is no need, there are already several in the immediate area. She said they are concerned about the crime. Anytime convenience stores spring up you are going to have additional crime. She said the traffic is already horrendous in this area. She said the car wash is a Trojan horse, inside are many things, traffic, crime, and will destroy the landscape. Mr. Hathaway responded that there is nothing about a car wash that fosters drugs. If one witnessed the sale of drugs on a schoolyard, you wouldn't be opposed to building new schools. This particular facility would be staffed twenty four hours a day, it's well lighted, it will have security cameras, there will be people there looking out after it, and it's not in their interest to have drug traffic going on in this establishment. He said he failed to see if someone wants to sell drugs in this area why they would gravitate to this car wash as opposed to dozens of other places that are accessible from a vehicular point of view. He said this argument is not logical. He said as far as traffic is concerned, there are 18,000 cars a day on 12`h Street just before you get to this site. It's 93,000 cars a day on I -630 opposite the site. He said that everybody who knows the convenience store business knows that there is a reason the name is convenience. It is to attract business from people who now driving by. He said that while there will be some traffic generated by this, it is not all - new traffic and the roads there are sufficient at the present time to carry the traffic. Mr. Hathaway said he did call Mr. White and did ask to meet with him, and wanted the board to know that effort was made. Ms. Matthis told the board that Mr. White had told her that Mr. Hathaway had contacted him, and apologized for her earlier statement. She reiterated what she had stated earlier adding that there are some areas more prone to drugs than others. She stated they just did not want the car wash, but would work with the developer on other things. Director Pugh stated that the applicant had stated that they were going to have security on the site, and that security is good, but that she knew that 4 r car washes, whether you believe it or not, does draw crime. She stated you can have a security guard standing there, and you meet and talk to people, that security guard is not going to run up and ask what are you doing here. These people go to the car wash because that is a convenient place they can do what they have to do and get by with it easier than they can from anywhere else. Director Hinton said his main concern is the traffic. This would cause a bottleneck from one end to the other, causing a bigger problem than is already there, especially if there is a funeral procession going on. Director Kelly asked if this development was in compliance with the new landscape and buffer ordinances, and asked if there was as sidewalk on the property? Mr. Bob Turner, Director of Public Works said there is a sidewalk along Rodney Parham and along 12 I Street, however, when the reconstruct a right turn lane on 12th Street, they will have to reconstruct some of the sidewalk. Director Kumpuris said he did not get a good feel for why the Planning Commission voted as they did, and asked Mr. Jim Lawson to elaborate a little more on this. Mr. Lawson said he believed the applicant was not prepared, and Mr. Hathaway was out of town, and did not think the applicant felt it would be that big of an issue. All of the material presented by Mr. Hathaway was not presented at the Planning Commission level. He said he thought the Planning Commission was concerned about the "all or none" issue. Mr. Lawson said he believed someone on the Planning Commission had asked if the car wash could be cut back to only include three or four bays, so it was kind of an all or nothing situation. Typically what the Planning Commission like to do as the board does sometimes is if there is a reasonable compromise, they would like to work on it. Director Keck asked if the applicant owned or operated other facilities of this type in the city. Mr. Doug Hendrix, the applicant, stated he was a partner in Summerwood Partners, and a sister company called R.J. properties. He said the currently operate eleven convenience stores and four grocery stores. He said they have stores from Malvern to Heber Springs; most of their stores are outside of Little Rock. He said they currently have two in Little Rock, one on Fair Park and one on University at 65`h Street. He said they build convenience stores where traffic is, they do not cause traffic, and they make their money off the existing traffic. Mayor Dailey asked about the security and the crime issues relative to car washes that had been raised as a major issue and said he had not seen a major presence of security in other areas, and stated that this area had crime indicators and history that makes this area a little different than say, putting it on Chenal Parkway. Mr. Hendrix said he was surprised there was so much opposition. He said this car wash would be similar to the one on Baseline Road (Splash Carwash). He said they are nice looking facilities and a person would be oddity at all times. He said during the day there would be someone to just handle the carwash, such as cleanliness, taking care of the customers etc. Director Adcock stated she was very aware of the car wash on Baseline. She said you could drive down Baseline Road and hear the music being played while people wash their cars. She said the carwash back s up to I zoning, and the one on 65`" and University, there is only one car wash in that facility and it stays out of order the majority of the time, it seems. Across from that facility there are three other carwashes that are open twenty four hours a day and she could sit in her house, which is four blocks away, and you can hear music and people taking off and going in and out of the carwash. She said she agreed with the people in University Park saying she did not think a carwash belongs in a neighborhood. Mr. Hendrix said he appreciated her opinion, and would hope that they would be operators that would be playing music that could be hear d four blocks away. Director Adcock said she believed it was people in the car wash who were washing their cars enjoying the music while they were washing their cars. Mr. Hendrix stated that the carwash on University was broke because of an accident, and the insurance company didn't settle for ten months. He said this would be the first carwash of this size they have done. There were no more questions presented; Mayor Dailey declared the Public Hearing closed. Before the vote was taken, Mayor Dailey asked the City Attorney to explain the action before the board on the Conditional Use Permit. Mr. Carpenter explained that the board is being asked (the Planning Commission denied the CUP), and the board is being asked to grant it. To do that, you would have to rescind the denial, which means a vote in favor of this resolution would in fact be granting the carwash and a vote against it would be to deny it. Mr. Carpenter stated that you've had the hearing, and there have been situations in the past, where there has been no vote for the resolution to be introduced and seconded, which in effect is a decision not to overturn the Planning Commission, and explained the board would have that option also. The resolution was 5 read, and no motion was made to adopt the resolution. The applicant's request was denied The following items were read as grouped items; Items 11, 12, 13, 14. 11. ORDINANCE NO. 18,388 - To fix and impose the aggregate amount of fees and charges to be paid the City of Little Rock, Arkansas by Entergy and the method of payment thereof beginning on 2001; amending Section 9 of Ordinance No. 11,683, and for other purposes. 12. ORDINANCE NO. 18,389 - Amending in part, Ordinance No. 11,366 to provide for levying a franchise fee to be paid by Reliant Energy (Formerly known as Arkansas Louisiana Gas Company) for the year 2001; providing for the payment thereof. 13. ORDINANCE NO. — 18,390 - Continuing existing levy of franchise fees to be paid by Southwestern Bell Telephone Company for the year 2001; and providing for the payment thereof. 14. ORDINANCE NO. 18,391 - To fix and impose the amount of fees and charges to be paid to the City of Little Rock, Arkansas by all companies that provide interstate or intrastate long distance telecommunication service, and all business incidental to or connected with the conducting of such telephone business in the City of Little Rock, Arkansas; amending Section 3 of Ordinance No. 15, 706; and for other purposes. City Attorney, Tom Carpenter stated that on Items 11 -14, which are the franchise ordinances, he thought they had the language in them, but if they did not, they need to have the City's relocation policy referenced, but if there was not there would be reference in one of the recitals that the provision of the Utility Relocation Policy are a part of this franchise. Mayor Dailey asked if Director Wyrick or others that needed to recuse in the vote on these. Mr. Carpenter stated if they are taken as a group she can vote on all but the Southwestern Bell Franchise, and would note recusal on this item. The Ordinances were read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board members present. Director Cazort stated that on Item number 14, he would like confirmation that the city is pro- active in checking with the PSC to determine when new long distance or cell phone carriers are appearing, so that the city can be sure they are paying their fair share. Mr. Carney stated the city is being pro- active to identify those carriers, the latest list is up to eighty different carriers, long distance services and as each one comes on line staff is actively visiting with them, and even looking at penalty clauses for not reporting accurately. Mr. Carpenter stated as a follow up to that, they are under the assumption that if there were a question about compliance then the City Attorney's Office would be authorized to take all actions necessary to pursue compliance. A motion was made by Mayor Dailey to take a voice vote on the grouped items. By unanimous voice vote of board members present, the ordinances were passed. Vice Mayor Wyrick recused on Item 13. 16. ORDINANCE - Dissolving Sewer Improvement District 144 of Little Rock, Arkansas; and prescribing other matters pertaining thereto. (Deferred to an indefinite time.) Director Kumpuris stated he wanted to speak on Item 17. He said the city is in crisis with parking downtown. The people who are relocating businesses downtown and different facilities such as the Territortorial Restoration, are asking what is going to be done about parking, have inundated the city. The parking study is to start very soon. He said when this was discussed it seemed wise not to cut off any avenue a parking consultant might have as a way of doing things, and this may be one avenue he needs to use. He said that is one reason for the deferral. Director Cazort stated he didn't think that as a board they have ever talked about this, but a purpose of a parking meter is to do one of two things, either raise revenue or to turn parking spaces, and didn't know if it had been discussed as to what is the major purpose or thrust of having the parking meter. Director Kumpuris stated he hoped to see more creative things come from consultants and that is the reason he thinks nothing should be done right now. Mr. Carney, City Manager, added that this has been discussed with the Downtown Partnership, their board as well as their staff, with representatives of Metroplan, their planning staff, everyone is very supportive of this, and 2 it's to target the turnover, not the revenue issue. Mr. Carney stated that without those meters, people would park at these places for eight or ten hours at one time, and not encourage the turnover and the in/out customers that need to have places to park downtown. Mr. Carney said he did feel it made sense to defer, and talk with the consultant team about parking in these spaces, it stated that sometime soon the curb line in front of City Hall for this block face directly on the front door, six new parking meters are planned to be installed in that lane of traffic on the north side that is not used for through traffic and will add 6 more metered spaces as the city proceeds with this problem. 17. ORDINANCE - To amend Chapter 32 of the Little Rock City Code. To increase the penalty for violation of overtime parking in all unmetered restricted and metered parking areas from $5.00 to $10.00. (Deferred to 12- 19 -00.) 18. REPORT - City Manager's Activity Report. City Manager had no report, and asked to move to the appointments. Mayor Dailey asked Director Adcock where the process was on the Animal Advisory Board. Director Adcock said the applications are in and there are some recommendations for the appointments. 19. RESOLUTION - To make appointments to the Vision Little Rock Team. (Appointments to be made on November 28, 2000.) 20. RESOLUTION - To make appointments to the Animal Services Advisory Board. (Appointments to be made on November 28, 2000.) There were no citizens present for Citizens Communication. Mayor Dailey asked if the appointments could wait until the reconvened meeting on November 28, 2000, since there were some appointments to be considered on that agenda also. Director Keck made a motion to defer the appointments to the reconvened meeting of November 28, 2000, and to recess until that time. Director Adcock seconded the motion, and with a unanimous voice vote of board members present, the meeting recessed at 7:30 P.M. ATTEST: N cy Wo �d, City Clerk 7 APPROVE: i Dailey, Mayor V