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04-09-11Little Rock Board of Directors Meeting April 19, 2011 6:00 PM Little Rock Board of Directors Meeting April 19, 2011 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting with Mayor Mark Stodola presiding. Assistant City Clerk Toya Robinson called the roll with the following Directors present: Hendrix; Hurst; Cazort (enrolled at 6:28 PM); Hines; Wright; Wyrick; Fortson; Adcock; Vice Mayor Kumpuris; and Mayor Stodola. Director Richardson was absent. Director Fortson delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATION Little Rock Zoo Update — Tad Bohannon, Little Rock Zoo Board of Governors Chair CONSENT AGENDA (Items 1 - 12) 1. MOTION: To approve the minutes of the Little Rock City Board of Directors Meetings of March 15, 2011. 2. RESOLUTION NO. 13,294; G -25 -210: To change the name of LaGrande Drive to St. Vincent Way; and for other purposes. Planning Commission: 11 ayes; 0 nays; and 0 absent. Staff recommends approval. Synopsis: St. Vincent Health System is requesting that the name of LaGrande Drive be changed to St. Vincent Way. St. Vincent's new West Little Rock campus is being built on the south side of the street. 3. RESOLUTION NO. 13,295; Z -6698: To set May 3, 2011, as the date of hearing on the petition to rescind the denial of an amendment to the previously approved PCD to revise the previously approved use mix and add additional retail and a special events center as allowable uses for the site; and for other purposes. Planning Commission: 1 aye; 10 nays; and 0 absent. Staff recommends denial. Synopsis: The request is an appeal of the Planning Commission's recommendation of denial of an amendment to the previously approved PCD to revise the previously approved use mix and add additional retail and a special events center as allowable uses for the site. 4. RESOLUTION NO. 13,296: To authorize the City Manager to enter into a contract with River City Hydraulics Company in the amount of $150,000 to provide originally - manufactured Heil replacement parts; and for other purposes. Staff recommends approval. Synopsis: Approval of a resolution the City Manager to enter into a contract with River City Hydraulics Company in the amount of $150,000 to provide originally - manufactured Heil replacement parts. Little Rock Board of Directors Meeting April 19, 2011 6:00 PM 5. RESOLUTION NO. 13,297: To authorize the City Manager to enter into a contract with Pierce Construction, Inc., to provide HVAC repairs on an as- needed basis; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to enter into a contract with Pierce Construction, Inc., to provide overflow HVAC repairs on an as- needed hourly basis. Bid #C1019. 6. RESOLUTION NO. 13,298: To accept title to property donated to the City of Little Rock by warranty deed, to be used for neighborhood revitalization programs; and for other purposes. Staffrecommends approval. Synopsis: In an effort to increase the number of properties held by the Land Bank and maximize the City's revitalization efforts, staff would like to accept the donation of the property located at 4321 West 13`h Street. The parcel is approximately 7,000 square feet with a structure on it that has been declared unsafe by the City's Code Enforcement Staff. 7. RESOLUTION NO. 13,299: To authorize the purchase of a parcel of property offered for sale to the City of Little Rock, Arkansas, to be used for neighborhood revitalization programs; and for other purposes. Staff recommends approval. Synopsis: Staff has identified a parcel of property which is being offered for sale and is located at 1508 Marshall Street within the Land Bank Focus Area. The parcel is approximately 7,000 square feet with a structure on it that has been declared unsafe by the City's Code Enforcement Staff. 8. RESOLUTION NO. 13,300: To authorize the purchase of a parcel of property offered for sale to the City of Little Rock, Arkansas, to be used for neighborhood revitalization programs; and for other purposes. Staffrecommends approval. Synopsis: In an effort to increase the number of properties held by the Land Bank and maximize the City's revitalization efforts, staff would like to purchase the property located at 1419 South Park Street. The property is located at the heart of the Central High Historic District, adjacent to Central High School. The parcel is approximately 9,262 square feet with a structure on it that has been declared unsafe by the City's Code Enforcement Staff. 9. RESOLUTION NO. 13,301: To authorize the acceptance of land from Central Arkansas Water for recreational purposes; and for other purposes. Staff recommends approval. Synopsis: The resolution accepts property from Central Arkansas Water for City recreational purposes and authorizes the Mayor, City Manager and City Clerk to execute any documents needed in connection with the acceptance of the property. 10. RESOLUTION NO. 13,302: To authorize the City Manager to enter into contracts with three (3) organizations to provide domestic violence services; and for other purposes. Staffrecommends approval. Synopsis: Enter into contracts with three (3) organizations to provide Domestic Violence Counseling Services to Little Rock citizens. The Children Youth and Families Commission recommended the specialized services of the three (3) agencies. 11. _RESOLUTION NO. 13,303: A resolution of intent of the Board of Directors of the City of Little Rock, Arkansas, regarding the issuance of bonds for the purpose of assisting in the financing of a data center facility to be located within the City; and for other purposes. 2 Little Rock Board of Directors Meeting April 19, 2011 6:00 PM 12. RESOLUTION NO. 13,304: To set the date for a public hearing on May 3, 2011, to consider an ordinance to authorize the issuance of industrial development revenue bonds for the purpose of assisting in the financing of a data center facility to be located within the City; and for other purposes. Director Adcock made the motion, seconded by Director Hendrix, to approve the Consent Agenda. By voice vote of the Board Members present, with Director Wyrick voting in opposition to Item No. 3, the Consent Agenda was approved. GROUPED ITEMS (Items 13 —17) 13. ORDINANCE NO. 20,419; Z- 2940 -A: To approve a Planned Zoning Development and establish a Planned Commercial District titled Independent Hotel Pine Street Short- Form PCD, located on the southeast corner of West Bch and Pine Streets, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes; 0 nays; and 0 absent. Staff recommends approval. Synopsis: The request is a rezoning from 0-3, General Office District, to PCD to allow for the construction of a new thirty -eight (38) room, two (2) -story hotel. 14. ORDINANCE NO. 20,420; Z- 5967 -D: To approve modification to a Planned Zoning Development and to provide for the establishment of a Planned Office District titled Williams Revised Short-Form POD, located at 5819 Young Road, Little Rock, Arkansas, amending Ordinance No. 20,190 and the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 2 nays; and 0 absent. Staff recommends approval. Synopsis: The request is to amend the current POD to add single- family as an allowable use for the site. 15. ORDINANCE NO. 20,421; Z- 8142 -A: To reclassify property located in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Deferred from April S, 2011. Planning Commission: 11 ayes; 0 nays; and 0 absent. Staff recommends approval. Synopsis: The owner of the 20.455 -acre property, located on the west side of Shackleford Road, approximately '/4 -mile north of Colonel Glenn Road, is requesting that the zoning be reclassified from R -2 to MF -18. 16. ORDINANCE NO. 20,422; Z -8632: To approve a Planned Zoning Development and establish a Planned Office District titled Arkansas Urology Clinic Short-Form PCD, located on the west side of Centerview Drive, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes; 0 nays; and 0 absent. Staff recommends approval. Synopsis: The request is a rezoning from R -2, Single- Family, to POD to allow for the construction of a parking lot to serve the Arkansas Urology Clinic. 3 Little Rock Board of Directors Meeting April 19, 2011 6:00 PM 17. ORDINANCE NO. 20,423: To amend Chapter 23 of the Code of Ordinances of the City of Little Rock, Arkansas, pertaining to historic preservation; and for other purposes. Historic District Commission: S ayes and 0 nays. Staff recommends approval. Synopsis: To change the maximum time limit on the Commission's actions on any particular item from ninety (90) to 100 days to provide for additional public comment and to revise the Exemptions section to remove items not visible from a public street. The ordinances were read the first time. Director Adcock made the motion, seconded by Director Hurst, to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a second time. Director Adcock made the motion, seconded by Director Hurst, to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a third time. By unanimous voice vote of the Board Members present, the ordinances were approved. SEPARATE ITEMS (Items 18 - 20) 18. ORDINANCE NO. 20,425; Z- 4923 -J: To approve a modification to a Planned Zoning Development and to provide for the establishment of a Planned Commercial District titled Shackleford Crossing Revised Long -Form PCD, located on the southwest corner of Shackleford Road and Interstate 430, Little Rock, Arkansas, amending Ordinance No. 19,994 and the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes; 0 nays; and 0 absent. Staff recommends denial. Synopsis: The applicant is proposing a revision to the previously approved PCD to allow for the creation of an additional out - parcel and approval of a carwash facility on the newly- created lot. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Hurst, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Hurst, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. Scott McClain: Stated that he represented the owners of Shackleford Crossing and Boomerang Express Car Wash and that he had a letter of recommendation from Shackleford Crossing, LLC, in support of the car wash. Mc. McClain presented a map that indicated how the structure would be placed on the property. Planning & Development Director Tony Bozynski stated that staff was in opposition to the modification and did not feel that a car wash was the appropriate use for the location. Mr. Bozynski stated that in addition to an overhead door facing Shackleford Road, a portion of the infrastructure of the site, such as the dumpster and a portion of the vacuum 2 Little Rock Board of Directors Meeting April 19, 2011 6:00 PM system, faced Shackleford Road. Mr. Bozynski stated that the original approval for the site was C -2, Commercial Uses /Permitted Uses, and 0-2, Office, both Permitted and Conditional Uses. Mr. Bozynski reported that a car wash was not permitted in C -2; however, it was a Permitted Use. Director Hurst asked how many outparcels had been approved for the site. Mr. Bozynski reported that five (5) or six (6) outparcels had been approved; however, at that time, only two (2) had been developed. Shawn Glancey, Irwin Partners: Mr. Glancey stated that his firm represented Shackleford Crossings and that the property was not in bankruptcy; but receivership. Director Adcock asked if the enclosed dumpster facing Shackleford Road was a concern. Mr. Glancey stated the dumpster would in fact be screened and that the property was at a higher elevation than the road; therefore, it was not visible from the road. By roll call vote of the Board Members present, the vote was as follows: Yes: Hendrix; Cazort; Hines; Wright; Wyrick; and Fortson. No: Hurst; Adcock; and Vice Mayor Kumpuris. Absent: Richardson. By a vote of 6 ayes, 3 nays and 1 absent, the ordinance was approved. 19. ORDINANCE; Z- 7603 -F: To approve modification to a Planned Zoning Development and to provide for the establishment of a Planned Commercial District titled Cantrell Falls Revised Long -Form PCD, located at 14910 Cantrell Road, Little Rock, Arkansas, amending Ordinance No. 19,946 and the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes; 1 nay; and 0 absent. Staff recommends denial. Synopsis: The request is to amend the previously approved PCD to create an additional out - parcel along the eastern perimeter and to add automobile repair (tire and brake store) as an allowable use for the site. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Hurst, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. Phil Wiley: Stated that he was the applicant and asked that the Board approve the modification to the development. Director Hines asked what other locations along Highway 10 would not require this type of approval and would fit within the Design Overlay District (DOD). Planning & Development Department Director Tony Bozynski stated that there was no C -4 zoning located along Highway 10, west of Interstate 430. E Little Rock Board of Directors Meeting April 19, 2011 6:00 PM Celia Martin, 3 Canterbury Court: Stated that she lived in the Westchester neighborhood and her concern was that it was a continuing process in dealing with this development. Ms. Martin stated that she felt it would be difficult to get two (2) nice restaurants on the location with C -4 zoning located next to the sites. Ruth Bell, 7611 Briarwood Street: Stated that she represented the League of Women Voters of Pulaski County and urged the Board to deny the application. Bob Thomas, 12 Thomas Park Circle: Stated that he lived in the area and was concerned about the amount of traffic already existing in the area. Bryan Fitzgerald, 5612 Rummel Road: Asked the Board to vote against the change in zoning. Steve Hockersmith: Stated that he was the applicant and asked that the Board support the change in zoning. By roll call vote of the Board Members present, the vote was as follows: Yes: Wyrick. No: Hurst; Cazort; Hines; Wright; Fortson; Adcock; and Vice Mayor Kumpuris. Absent: Hendrix and Richardson. By a vote of 1 aye, 7 nays and 2 absent, the ordinance failed. 20. ORDINANCE NO. 20,424: To condemn certain structures in the City of Little Rock as structural, fire and health hazards; providing for summary abatement procedures; to direct the City Attorney to take such action as is necessary to raze and remove said structures; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: Seventeen (17) residential structures in dilapidated and /or burned condition causing a negative environmental impact on the residential neighborhoods in which they are located. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Hurst, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Hurst, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. David Rogers, 8223 East Sardis Road: Stated that he was executor of his parent's house that was located at 6924 Redwood Drive. Mr. Rogers stated that the property was tied up in Probate Court and his ultimate plan was to sell the property. Mr. Rogers asked that the structure be removed from the demolition ordinance. Michael O. Spann 1908 Debswood Drive Bryant AR: Stated that he was the owner of the property located at 10521 Woodman Street and that he already had a contract with a company to demolish the structure within thirty (30) days. James Bankhead, P.O. Box 1183: Stated that he was the owner of 1920 Marshall Street and that the property was presently in Environmental Court and that he had a court date for the following Thursday. Mr. Bankhead stated that he had an active building permit for the property and asked the Board for additional time to rehabilitate and save the structure. 2 Little Rock Board of Directors Meeting April 19, 2011 6:00 PM Dees Davis 2224 Rock Street: Mrs. Davis stated that she and her husband purchased the property in 2005 with the intent of rehabilitating the structure. Mrs. Davis stated that she had been trying to sell the property, and had been speaking with a potential buyer. Mrs. Davis asked that the property be removed from the demolition list. Dennis Bubar: Stated that he was the owner of the property located at 2308 Rock Street and asked that the property be removed from the demolition list. (There was a brief recess as individuals were moved to the basement due to the tornado sirens being sounded) Mayor Stodola asked why several of the properties listed on the proposed demolition ordinance had active building permits. Housing & Neighborhood Programs Department Director Andre Bernard stated that any time a property is in Environmental Court, the Judge requires the owner to maintain an active building permit for any type of repairs that are mandated. Director Hines stated that there appeared to be no link between Planning & Development Staff, Code Enforcement Staff and Environmental Court and that a Policy question would be if a special type of building would have a start and end time included. City Attorney e ey Tom Carpenterdstated that he would research the idea and issue an opinion. Director Wright made the motion, seconded by Director Hurst, to remove 2308 Rock Street from the demolition ordinance and give the owner an additional six (6) months to rehabilitate the structure. By unanimous voice vote of the Board Members present, 2308 Rock Street was removed from the demolition ordinance. Director Hines made the motion, seconded by Director Wright, to remove 1920 Marshall Street from the demolition ordinance and review the progress in ninety (90) days. B unanimous voice vote of the Board Members present, 1920 Marshall Street was removed from the demolition ordinance. Director Hurst made the motion, seconded by Director Hines, to remove 2224 Rock Street from the demolition ordinance and review the progress in ninety (90) days. B unanimous voice vote of the Board Members present, 2224 Rock Street was removed from the demolition ordinance. Director Cazort made the motion to call the question to vote on the ordinance. B unanimous voice vote of the Board Members present, the question to call the vote was approved. By unanimous voice vote of the Board Members present, the ordinance was approved as amended. By unanimous voice vote of the Board Members present, the emergency clause was approved. 7 Little Rock Board of Directors Meeting April 19, 2011 6:00 PM EXECUTIVE SESSION (Item 21) 21. EXECUTIVE SESSION: Appointments to the City of Little Rock Boards and Commissions. Synopsis: Board of Adjustment (1 Position) Director Cazort made the motion, seconded by Director Hines, to defer the Board and Commission appointments until the May 3, 2011, Board of Directors Meeting. By unanimous voice vote of the Board Members present, the Board and Commissions appointments were deferred until May 3, 2011. CITIZEN'S COMMUNICATION Luke Skrable, 9602 Woodford Drive: Presented a petition signed by twenty -six (26) individuals in his neighborhood requesting attention to the public safety issue of speeding on Woodford Drive. Vice Mayor Kumpuris made the motion, seconded by Director Cazort, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. ATTEST: ftueoy� - Toya obinson, As tAt City Clerk APPROVED: Mark Stodola, Mayor