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HomeMy WebLinkAbout02-15-05Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham February 15, 2005 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Directors Pugh, Keck, Adcock, Stewart, Hurst, Wyrick, Cazort, Kumpuris, Hinton, Vice Mayor Graves and Mayor Dailey. Director Keck and Director Kumpuris were not present at roll call, but enrolled at 6:05 PM. Director Cazort gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the following modifications to the agenda. Mayor Dailey announced that Item 31 would be deferred at the applicant's request, and asked the Board to consider not putting Item M -1 on the agenda tonight. Mr. Bruce Moore, City Manager, announced that at the applicant's request, would like to defer Item 29, until March 1, to give them the opportunity to meet with the neighborhood association. Mr. Moore asked that Item 25 and 26 be taken out of the grouped items, because the applicant is requesting a waiver, which staff does not support. Director Keck made the motion to make the listed modifications, Director Hurst seconded the motion, and by unanimous voice vote of the Board members present, the agenda was modified to reflect the changes listed. Modifications: Addition: M -1. RESOLUTION - Deleted per CMO Request - In support of Central Arkansas Water's Watershed Protection Plan and the maintenance of high quality drinking water in Central Arkansas; to support the protection of Lake Maumelle for drinking water in order to maintain the public health and welfare; and in opposition to SB 230, the so- called "Water Quality Protection Act of 2005" which would limit the ability of Central Arkansas Water to protect the public drinking water; and for other purposes. Deferral: 31. PUBLIC HEARING & ORDINANCE - Deferral at Applicant's request. Will bring item back at later date. - Formation of Municipal Improvement District No. 1 (Brookside Park Addition) of the City of Little Rock, Arkansas; and for other purposes. Mayor Dailey introduced Howard Hurst, husband of Director Hurst, who was with Boy Scout Troop, Pack 7 from the Cathedral School, who were working on their Citizenship Award. Director Hurst's son Conley was one of the troop members. Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM Mr. Tom Carpenter, City Attorney announced that this is the ninety -fifth anniversary of scouting in America. PRESENTATIONS: ESGR — Employer Support for the Guard and Reserve — Lt. Colonel Don Forrester & Mr. Lyndell Lay, Committee Chair, ESGR. Lt. Colonel Forrester stated he was a Little Rock Firefighter, but had been mobilized since April of 2004. He stated that he was one of five or six employees of the Fire Department on active duty. He also recognized that the Little Rock Police Department has many people on active duty at this time. He stated they wanted to recognize the City of Little Rock, and award the Board of Directors a certificate that recognizes the patriotic employer for contribution to the national security and patriotic protection of liberty and freedom by supporting employee participation in the guard and reserve. Lt. Colonel Forrester introduced Mr. Lyndell Lay, the state committee chair, and introduced a retired colonel, Cal Arnold, and Sgt. Leanna Higginbottom, who also work at the Camp Robinson office. Mr. Lay expressed appreciation to the Board and Mayor for the employer support of the soldiers who are serving our county. He announced that on behalf of the ESGR organization, they wanted to say thank you, and encourage the continued support. Plaques were presented to Chief Kerr, Little Rock Fire Department, and to the Board of Directors and to Mayor Dailey. Mr. Lay said there are over 3000 families that are affected by the active duty call up and was thankful for organizations and the City of Little Rock who were supportive. CONSENT AGENDA (Items 1- 13) 1. MOTION - Z -7682 - To set the date of a public hearing for March 1, 2005 for consideration of a Resolution rescinding the Planning Commission's action in denying a Special Use Permit to allow a day care family home at 6709 Lantana Road. 2. RESOLUTION 11,912 - To authorize the City Manager to enter into a contract with Carson & Associates, Inc. to supply materials and labor to renovate portions of the Central Fire Station, and for other purposes. Staff recommends approval. 2004 Bond Project. synopsis: Authorizes the City Manager to enter into a contract with Carson & Associates, Inc., to supply materials and labor to renovate portions of Central Fire as identified in the bid documents for $411,674. 3. RESOLUTION 11,913 - Authorizing the use of Eminent Domain on the Gardner Road Drainage Improvements Project. Staff recommends approval. Synopsis: Authorizing the use of Eminent Domain for up to 7 parcels of land on the Gardner Road Drainage Improvements Project. 4. RESOLUTION 11,914 - Authorizing the use of Eminent Domain on the "M" Street Improvement Project (Georgia Street to Florida Street). Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing the use of Eminent Domain for up to nine parcels on land on the "M" Street Improvement Project. 2 Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM 5. RESOLUTION 11,915 - Authorizing use of Eminent Domain on the Mabelvale Elementary and Middle School Sidewalks Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing the use of Eminent Domain for up to three parcels of land on the Mabelvale Elementary and Middle School Sidewalks Project. 6. RESOLUTION 11,916 - Authorizing the use of Eminent Domain on the Forest Park and Fair Park Elementary School Sidewalks Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing the use of eminent domain for up to nine parcels of land on the Forest Park and Fair Park Elementary School Sidewalks Project. 7. RESOLUTION 11,917 - Awarding a contract to The Citadel for Appraisal Services for Maryland Avenue (Cedar to Brown Street). Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with The Citadel for appraisal services for the Maryland Avenue Project. 8. RESOLUTION 11,918 - Awarding a contract to The Citadel for Appraisal Services for Holt Street (42nd Street to 44th Street). Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with the Citadel for appraisal services for the Holt Street (42nd Street) Project. 9. RESOLUTION 11,919 - To authorize the City Manager to enter into a contract with Environmental Protection Associates (EPA) to remove mold from the Fire Training building. 2004 Bond Project. Synopsis: The work will be funded from the 2004 Bond Projects. 10. RESOLUTION 11,920 - To appoint Bond Counsel for the proposed 2005 Capital Equipment Short -term Financing Project and for other purposes. 11. RESOLUTION 11,921 - Authorizing the City Manager to enter into a contract with North Point Ford for the purchase of one (1) 37 foot Hydraulic Telescope Aerial Truck in the amount of $72,085. Staff recommends approval. synopsis: Funds are allocated in the 2004 Public works Replacement Short Term Finance fund. North Point Ford is the low bidder. 12. RESOLUTION 11,922 - Authorizing the City Manager to enter into an agreement with the Little Rock Housing Authority to provide fleet maintenance and repair service. synopsis: Maintenance and repair to LRHA vehicles will not negatively impact the City's Fleet Services Department. 13. RESOLUTION 11,923 - Authorizing use of Eminent Domain on the Mabelvale Cut Off Road Reconstruction (Fairwood to Chicot). Synopsis: Authorizing the use of Eminent Domain for up to thirty -five parcels of land on the Mabelvale, Cutoff (Fairwood to Chicot Road Reconstruction Project). The Consent Agenda was read. Director Adcock made a motion, seconded by Director Keck to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. The Grouped items consisted of Items 14 -24 and Item 26. Items 25 and 27 were removed from the grouped items and held to be heard separately. 3 Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM 14. ORDINANCE 19,273 - 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 Arch Street Pike. Staff recommends approval. synopsis: Authorizes a deferral of street improvements under the Master Street Plan for a preliminary plat in southern Pulaski County on the west side of Arch Street Pike south of Dixon Road. The property is outside the corporate city limits, but within the extra - territorial boundary for subdivision review. 15. ORDINANCE 19,274 - Z -7131 - Repealing Ordinance 18,647 and revoking a Planned Zoning District titled the Polo Club in Chenal Valley Long Form PD -R Revocation located on the west side of Chenal Valley Drive near Lamarche Drive in the City of Little Rock Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 noes, I absent. Staff recommends approval. Synopsis: The applicant requests that the existing PRD zoning be revoked and the property revert to its original MF -24, Multi- family District zoning. 16. ORDINANCE 19,275 - Z- 7668 -B — Approving a Planned Zoning Development and establishing a Planned Residential District titled Chardeaux Court Revised Short -Form PD -R located at 12900 Hinson Road, in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 noes, I absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PD -R to add additional land area to the previously approved development area. 17. ORDINANCE 19,276 - Z- 7022 -B — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Catfish City Restaurant Long -Form PCD located at 14800 Cantrell Road, in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 noes, I absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from C -3, General Commercial District to PCD to allow the site to develop with a reduced rear yard land use buffer. 18. ORDINANCE 19,277 - Z- 6120 -K — Approving a Planned Zoning Development and establishing a Planned Residential District titled Capitol Hills Apartments Revised Long - Form PD -R located on the southwest corner of Capitol Hills Boulevard and Rushmore Avenue in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 noes, I absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PD -R to allow the addition of a clubhouse with a pool and covered parking to the site. 19. ORDINANCE 19,278 - Z- 5703 -B — Approving a Planned Zoning Development, establishing a Planned Office District titled Shackleford Commercial Revised Long -Form POD and granting a variance from Various Lot Development Standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a variance to allow the development of a lot without public street frontage; located on the southeast corner of Colonel Glenn Road and Shackleford Road, in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 noes, 1 absent. Staff recommends approval. synopsis: The applicant proposes to revise a 11 Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM previously approved POD to allow the creation of lot lines within the development. The applicant has indicated four lots will be created and individual buildings constructed on each lot. 20. ORDINANCE 19,279 - Z- 5654 -B - Approving a Planned Zoning Development and establishing a Planned Commercial District titled South Square Revised Long -Form PCD located on the southeast corner of Chenal Parkway and Bowman Road, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 noes, I absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow the development of the third building on the site containing 12,000 square feet of retail space or 7,500 square feet, if constructed as a restaurant. 21. ORDINANCE 19,280 - Z- 4213 -H — Approving a Planned Zoning Development and establishing a Planned Office District titled Bowman Plaza Revised Long -Form located on the northwest corner of Colonel Glenn Road and Bowman Road, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 noes, I absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved POD to allow a use mix change. The applicant is requesting the use mix to contain 30 percent commercial uses as were previously approved and to allow 70 percent office, office /showroom /warehouse or office /warehouse. 22. ORDINANCE 19,281 - Z- 4411 -D — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Coulson Oil Revised Long -Form PCD located on the southwest corner of Cantrell Road and Woodland Heights Road, in the City of Little Rock, Arkansas amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 noes, I absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow a reduced rear yard landscape strip. 23. ORDINANCE 19,282 - Z -7770 — Approving a Planned Zoning Development and establishing a Planned Residential District titled 300 Third Building Short- Form PRD located at 300 East Third Street in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. Planning Commission: 10 ayes, 0 noes, I absent. Staff recommends approval. Synopsis: The applicants propose to rezone .894 acres from UU to PRD to allow for the development of a 17 story building containing retail, a parking deck and residential. 24. ORDINANCE 19,283 - S -643 -C — Granting a variance from Various Lot Development Standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow for the development of double frontage lots for the Pines Subdivision Preliminary Plat, located on Castle Valley Road, west of Chicot Road. Planning Commission: 10 ayes, 0 noes, I absent. Staff recommends approval. Synopsis: The applicant is requesting a variance from the Subdivision Ordinance to allow the development of a single - family subdivision total 86 lots. The applicant is requesting a variance from the Subdivision Ordinance to allow the development of double frontage lots. 25. ORDINANCE 19,284 - S -1468 — Granting a variance from Various Lot Development Standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow for the development of lots with a reduced lot width for West Heights Place Replat located in the 3900 — 4000 block of Foster Street. Planning 5 Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM Commission: 11 ayes, 0 noes. Staff recommends approval. Synopsis: The applicant is requesting a variance from the Subdivision Ordinance to allow the development of four lots, two of which will require a variance from the Subdivision Ordinance to allow the development of lots with a reduced lot width. 26. ORDINANCE 19,285 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Construction Requirements for Foster Street. Synopsis: Request for a waiver of Master Street Plan construction as required for re- plating of a 0.77 acre parcel into a four lot residential subdivision on the west side of the 3900 to 4000 block of Foster Street. (West Heights Place Re -plat) Mr. Dana Carney, Planning and Zoning Director gave an overview of the item saying that it is a request for a variance from the sub - division ordinance to allow a lot width for a proposed subdivision, West Heights Place replat on Foster Street. He stated the applicant is proposing to subdivide .8 of an acre of property into four lots. Two of the lots are slightly narrower than the minimum standard established by the ordinance; they are 56 feet in width. The ordinance requires a minimum of 60 feet. Staff is recommending approval of the plat. The Planning Commission voted unanimously to recommend approval of the plat itself including the variances of the two reduced lot widths. Item 26 is the issue of contention, which has to do with the required street improvements associated with the plat. Mr. Guy Lowes, Public Works Director addressed the street improvement issue saying this is triggered when there were three lots, and the applicant requested and was approved the vacation of 401h Street, making four lots. When this happened, this triggered street improvements in the city. Staff is asking that he build the improvements, which is consistent with what has been done in other cases. He can either pipe it behind the curb, or can put concrete and run it up form the ditch up into the street. Mr. Lowes stated staff did not see that as a major problem. Mayor Dailey asked what is different now than what was before the Board earlier that was with staff approval. Mr. Lowes stated staff wants them to do the improvements; they do not want any waivers. The Planning Commission approved these based on the fact the improvements be built or deferred. Mr. Carney stated the two issues before the Board are the plat to create the four lots, and then the waiver of the street improvements. He stated the Planning Commission did vote unanimously to approve the plat, but they took a second vote on the requested waiver of street improvements, and they did deny the applicants request to have the street improvements waived. Mayor Dailey stated then staff is in favor of Item 25 and opposed to Item 26. Mr. Carney answered that was correct. He said they would support a deferral on Item 26. Mr. Chuck Clifton, representing the applicant, stated this was approximately in the center of an old subdivision until recently there were no curbs and gutters, only the ones that were put in at the city's expense. He said it would look rather odd in the center of this to have the curb and gutter, in his opinion. He said it is down hill from the drainage that exists and would cause a problem for somebody later on. Mayor Dailey asked if the owner would accept a deferral. Mr. Clifton stated he did not understand what a deferral would be. Mr. Bruce Moore, City Manager, stated a deferral would basically be a time certain, usually five years or until development occurs that would mandate the infrastructure work to be done. Mr. Clifton stated then if nothing is built around there to that extent, then in five years, does that mean the owner would have to do the infrastructure improvements. Mayor Dailey stated it would mean that the applicant would have to come back before the Board in five years and seek another deferral, or would be compelled to do the improvements. Mr. Clifton stated the 10 Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM same entities would most likely not be involved at that point. Mayor Dailey stated that most likely from the Boards position, based on the consistent application, is that generally speaking the Board is not supportive of waivers, except in extreme circumstances. Mr. Clifton stated he would support something to this effect. If the improvements are made on the contiguous lots, then they would be willing to make the improvements on these lots. Mayor Dailey stated that would be part of the provision, even if two years from now, if improvements were made on the contiguous lots, that would trigger these improvements to be done. If none of the improvement occur, then in five years, the applicant would have to come back an seek another deferral if that is the action the Board approves. Mr. Clifton stated that it is not practical for him to be back in five years, due to his age. Mayor Dailey asked Mr. Carpenter, City Attorney as a point of order, if the applicant is not in favor of the deferral, the item would just need to be voted up or down. Mr. Carpenter answered that was correct. Director Cazort pointed out to the applicant that if Item 25 is passed, and Item 26 is voted down, because of disagreeing with the waiver, then street improvements are mandated. Director Cazort explained to the applicant that if he wished to not tomorrow, to be under a mandate to do the street improvements, then the applicant probably needed to consider changing from a waiver to a deferral. Mr. Clifton stated he would ask for the deferral. Director Cazort made the motion to amend the ordinance to make the improvements a 5 year deferral rather than a waiver. Mr. Carpenter stated its five years, or until there is other development. Director Keck seconded the motion. By unanimous voice vote of the Board members present the motion to amend carried. The ordinances (Item 25 and Item 26, as amended) were read the first time. Director Cazort, seconded by Director Adcock made a motion to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board members present being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock, seconded by Director Keck made a motion 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. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinances passed. 27. ORDINANCE 19,286 - S- 45 -A -60 — Granting a variance from Various Lot Development Standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a variance to allow for the development of lots with a reduced lot depth and the development of a lot with a reduced front building line for the Otter Creek Phase II Subdivision — Preliminary Plat located on the east end of Rosewall Lane. Planning Commission: 10 ayes, 0 noes. Staff recommends approval. Synopsis: The applicant is requesting a variance from the Subdivision Ordinance to allow the development of 33 single - family lots. Two of the indicated lots will require variances from the Subdivision Ordinance to allow a reduced lot depth and a reduced front building line. The ordinances (Items 14 -24 and Item 27) were read the first time. A motion was made by Director Adcock, seconded by Director Cazort 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. Mayor Dailey announced that he did not have any speaker cards in opposition to Item 32, and asked if anyone were present who wished to speak on Item 32. Mr. Mark Spradley, the attorney representing the 7 Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM district was present, but did not wish to speak. Mayor Dailey opened the public hearing and read the ordinance the first time. Mayor Dailey closed the public hearing, and asked for the item to be included with the second reading of the grouped items. Director Adcock made a motion, seconded by Director Keck 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 ordinances (Items 14 -24, 27 and Item 32) were read the second time. A motion was made by Director Adcock to suspend the rules and places the ordinances on third reading, Director Cazort seconded the motion. 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. By unanimous voice vote of the Board members present, the ordinances passed. SEPARATE ITEMS: Items 28 -34 28. ORDINANCE 19,287 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Construction Requirements for Kanis Road and Stewart Road. Synopsis: Authorizes a waiver of street improvements under the Master Street Plan for creation of a two lot residential plat on R -2 zoned land in western Pulaski County on the southwest corner of Kanis Road and Stewart Road. The property is outside the corporate city limits, but within the extra - territorial boundary for subdivision review. (Tucker's Re- plat). The ordinance was read the first time. Director Cazort stated that last week, Mr. Carpenter was going to try and find language that would allow for a waiver dealing with the residential use, but would reserve the requirements of the ordinance if the property became commercial. Mr. Carpenter stated he did not get the final language, but knew that there have been times where the requirements that were not required for the first owner would be required of the second owner. Director Cazort asked what would happen if the second owner is still not using it for commercial purposes. Mr. Carpenter stated if the purpose actually changed, then the requirements would come back in. That has been done, and also a conditional waiver on one or two occasions on some residential properties that dealt with boundary street improvement. What had happened is that they were in the middle of nowhere, so it did not make any sense to have a two parcel sidewalk and curb and gutter. They needed to subdivide in that particular situation so that part of the family could have the property and the waiver was there until further development came there. It wasn't a deferral; it was a waiver as long as it was those two subdivided lots. He stated it has been done in the past, but he did not get the final language for this one. Mr. Steve Wilson, the applicant, stated this is an eight acre plot that his wife's mother and dad own, and they want to move out there on their property, so it is not commercial at all. Director Cazort stated the reason this was being discussed is that he understood the use of the property now, but suspected that in the distant future, the intended use will not be the use that is being made of that property at that time. He stated he would image as the city may grow, that may become a commercial area, because of this being an intersection that has long term potential commercial use. He said he did not have a problem with what the applicant is seeking, but wanted to make sure, with the City Attorney, that the language used would let the owner do what it is he wants to do, but protect the city in the long term event that the property suddenly becomes a commercial hub, so the city is not bound to go back and pay for expensive easements at that time. Mr. Carpenter stated there are two ways to go with this. The Board can grant a five -year deferral, which has Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM been done in the past, and staff's recommendation is not to go beyond that period of time because of being unsure of enforcement. If the applicant does not want to come back every five years, that poses a problem, but the five years for development has been the consistent way the Board has done this; otherwise it has been done in the form of a Planned Development. Mayor Dailey asked Mr. Wilson, if he understood what was being recommended. Mr. Wilson stated, it didn't matter, he would go with the Board recommendation, just let him know what he needed to do. Mr. Carpenter answered that he would need to come back in five years. Mr. Carpenter stated the ordinance would be amended to make this a five year deferral of the improvements until there is the commercial development that Director Cazort has mentioned. If nothing happens, the Board would probably renew the deferral in five years. The Board could not tell the applicant tonight is that they will renew it in five years, but the history has been that they have never failed to do so when the development has not occurred in the area. Mr. Wilson asked what could happen there that could make him have to put the curbs and improvements in the next five years. Mr. Carpenter stated if the area got developed and there are other properties there that get developed and the city needs the curb and gutter for the entire street. Director Cazort made the motion seconded by Director Hurst, to amend the ordinance to a five year deferral rather than a waiver. By unanimous voice vote of the Board members present, being two - thirds in number, the amendment was made. Director Adcock, seconded by Director Cazort made the motion 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, seconded by Director Cazort made the motion 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. By unanimous voice vote of the Board members present being two - thirds in number, the ordinance passed. 29. ORDINANCE - Defer to 03 -01 -05 - Z -7769 - Approving a Planned Zoning Development and establishing a Planned Residential District titled Castle Investment Short - Form PD -R, located at 1715 Summit Street, in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 6 ayes, 5 noes, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -3 to PD -R to allow the conversion of the existing structure into a duplex unit. 30. ORDINANCE — Failed - Z -7771— Approving a Planned Zoning Development and establishing a Planned Commercial District titled Ludwig Complex Long -Form PCD located at the northwest corner of Pinnacle Valley Road and County Farm Road, Pulaski County, Arkansas, in the zoning jurisdiction of the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes, 3 noes, 0 absent. Staff recommends denial. Synopsis: The applicant proposes to rezone 37.2 acres from AF to PCD to build a complex containing a residence, a law office and a concrete pumper truck business. Mr. Dana Carney, Planning and Zoning Director, gave a brief overview saying this item was a rezoning request for something just over 37 acres located at the corner of Pinnacle Valley Road and County Farm Road. The property is currently zoned AF, the applicant is requesting to 6 Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM rezone it to PCD to allow for the development of a complex on the side that would include a single family residence, a law office and concrete pumper truck business. The development would be designed in a kind of Kentucky horse farm style, similar to some of the newer developments taking place out on the property with the white picket fences and green roofs, etc. Mr. Carney stated that staff is comfortable with some aspects of the applicants proposal. The one sticking point for staff is the concrete pumper truck business. Mr. Carney stated as staff looked at this operation, which could involve up to eighteen trucks coming and going from the site, were not able to get comfortable with that. He said they look at that use as almost being an industrial use. These are large construction site equipment that goes out to construction sites and pumps the concrete from the trucks on to the construction site. As they looked at the area around this site in particular, they did not feel it was an appropriate location for this industrial type use. As this went to the Planning Commission, the Planning Commission saw it differently and they voted in favor with a vote of 8 ayes and 3 noes to recommend approval. Mr. Carney stated that staff is still not comfortable with that one aspect of the use. The discussion included the particulars of the concrete trucks location, function, cleaning of the trucks, traffic in and out of the property. The applicant, Mr. Gene Ludwig, stated he had the support of over ninety five percent of the Pinnacle Valley Neighborhood Association. He stated he went to them in the planning stages to get their input before anything was filed. He showed the Board on a drawing where property owners were located that were in support of his project, and the location of the proposed buildings. He stated he believed he had the support of all his contiguous neighbors. Mr. Ludwig stated the trucks have been there for thirty years. The trucks were behind a house next to Kroger on Highway 10. The trucks are dispatched at non peak times, throughout the day and you don't see them lined up, they come and go. Mr. Ludwig showed pictures of the concrete trucks, describing them as a little narrower than a school bus, and about the same length and shape. He said the truck unfolds a boom at he construction site into a hopper which pumps though the unfolded apparatus to a more remote site. Through some German engineering there is a little orange foam ball that when the job is finished, is stuck in the far end of the spout and it sucks the ball back in the tubes on the site, taking all the concrete out of the pipes and the residue ends up in a hopper which is cleaned out a the site with a water hose from a water tank which is part of the truck itself. The washing just consists of washing off road grime, because they like to keep the trucks clean. The only maintenance would be refitting some of the pipes and possibly changing the oil. The EPA has rules about where water goes from the wash, and they would meet all the rules and regulations. He stated there is no parts storage, the few light maintenance parts which would be brought in overnight express. The trucks are basically being parked. He said there have been no accidents are problems with the arterial road. He said he would employ a driver for each truck, plus one extra driver, and a manager and person to help with dispatch. The law firm will have ten to thirteen people. He said they have adequately planned for the parking of the trucks and personnel. Ms. Sandra Love, Brenda. Norwood, and Regina Norwood, and Herb Rule, representing the Beauview Neighborhood Association, spoke in opposition to the development. Their issues were that this is a family area, and they do not need a business, and it would intrude into the neighborhood, it is not a fit for the neighborhood. This business would bring in other businesses like this. The trucks are noisy, would cause more traffic and there are residuals that come out of the trucks. Hwy 10 is pretty much a commercial corridor, but Pinnacle Valley Road is a narrow rural road, and there was a fatal car accident last 10 Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM week, and used primarily for residential traffic. It is not conducive for industrial traffic. Those in opposition said they were not opposed to residential and office on this property, but not the commercial. They were not sure how he arrived at ninety five percent support in the neighborhood. The location is right at the bridge and not a good place for truck traffic going in and out, and the drainage goes right in to the Little Maumelle. Mr. Rule said his neighborhood did not get notice. He asked the Board to defer the item or in the alternative to approve the law office and the home, but not the concrete plant. He said there are unanswered questions regarding the business, such as run off, whether this business is owned or leased, what are the EPA rules and regulations regarding this business, and why do they want the business located on Pinnacle Valley Road, which is terribly over strapped in its construction and in its direction. It is a very narrow road. Mr. Gary Aday spoke in favor of the development. He said his property is contiguous to the north of the proposed development, and he is the most affected person who would be speaking tonight. He said he looks out his window and the development is what he would see. He said when a property next to you is for sale, you take an interest in it. Over the last ten years, there have been a number of things proposed for this property, most of which he has been against. There is going to be something built, you can't tell people they can't sell their property. He said he looked at this as a potential neighbor, someone who will join hands with the community. He said the property is going to be sold and felt that what would happen to it under Mr. Ludwig's proposal is the best use of anything he has seen there. He said the property will be sold and will be developed, and given that fact, felt this was a wonderful thing Mr. Ludwig was proposing to do. Mr. Ludwig would be spending millions of dollars on a show piece, piece of property. Mr. Aday stated that Mr. Ludwig came to each of his neighbors and they sat down and went though the proposal, and Mr. Ludwig asked what they thought, and how would they change it, are you okay with this proposal, what kind of fences would like to see, and he has listened to each of the neighbors and has made his plans based upon what the neighbors have suggested. Mr. Aday stated the contiguous neighbors are for this development. Mr. Ludwig stated he had talked to the two largest land owners in Beauview and when he spoke with them they were not in opposition, although they could have changed their minds. Director Hurst asked if the drainage issue concerning the Little Maumelle. Mr. Mike Hood, Public Works, stated since this property fell out side the City Limits and would not fall under the City's jurisdiction or storm water, and that would leave the jurisdiction with the county or directly with he Department of Environmental Quality. He stated if there is truck washing on this site, they would need a permit. That is not allowed without some sort of permit and that would need to be cleared by the state. Director Graves asked Mr. Dana Carney, Planning and Zoning Director, what by right, could go on this property in terms of residential. Mr. Carney stated that currently, he can build one single family house on the property. Mr. Carney stated in order to do anything else, he would have to get the zoning changed, and go through the process of having some sort of subdivision approval. Director Graves asked if this would be true for any of the land in Pinnacle Valley. Mr. Carney answered that would be true and since it is outside the City, a typical residential subdivision would not be feasible because there is no sewer available. Director Hinton asked about the weight of the truck and the maintenance of the road. Mr. Mike Hood, Public Works, stated the road is a narrow two lane rural road, but there are large vehicles that navigate it all the time. It's on the city plan as being an arterial street. Eighteen trips is not a lot. Eighteen trucks doing one and a half trips a day, is not a big traffic issue. Mr. Hood stated he 11 Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM heard they were full sized heavy trucks something in the neighborhood of sixty thousand pounds, something a little less than a fully loaded tractor trailer rig. Currently the road is under the County's jurisdiction. Director Wyrick asked if in the event Mr. Ludwig decided to move and sell his property later on, what could the property be sold for in the future? Would it still have to have a law office, a residence and a truck type application? What would be the restrictions on the PCD. Mr. Carney stated if the PCD were approved, it would run with the land regardless of the ownership of the property. The PCD is specifically for a single family residence, Ludwig Law Firm, specific that only his law firm can operate on the site, and then the concrete pumper truck operation could operate. If someone else bought the property, they could not use this site as a different law firm. Mr. Carney stated they would have to come back to the Planning Commission on the law firm. The new owner could use the residence, and the concrete pumper aspect but the application narrowed the law firm usage to his law firm. Director Adcock, seconded by Director Keck made the motion 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, seconded by Director Hinton made the motion 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. A roll call vote was taken and recorded as follows: Directors: Pugh, no, Keck, yes, Wyrick, yes, Stewart, no, Hurst, no, Cazort, no, Hinton, no, Adcock, no, Kumpuris, no, Vice Mayor Graves, yes, Mayor Dailey, yes. The ordinance failed. 31. PUBLIC HEARING & ORDINANCE - Defer indefinitely - Formation of Municipal Improvement District No. 1 (Brookside Park Addition) of the City of Little Rock, Arkansas; and for other purposes. 32. PUBLIC HEARING & ORDINANCE 19,288 - Formation of the Ashley Glenn Municipal Multipurpose Property Owners Improvement District No. 640 of the City of Little Rock, Arkansas; and for other purposes. (See Grouped Items). OTHER BUSINESS 33. PUBLIC HEARING & RESOLUTION 11,924 - Approve the 2005 Five -year Consolidated Plan; to authorize the City Manager to submit the Consolidated Plan for consideration by the U. S. Department of Housing and Urban Development and for other purposes. Synopsis: The Consolidated Plan is in keeping with the City's current Citizen Participation Plan and was developed with input from experts in the fields of housing and community development. Mayor Dailey opened the public hearing. There were no speakers on the item. Mayor Dailey closed the public hearing. The resolution was read. Director Cazort made the motion, seconded by Director Adcock to adopt the resolution. By unanimous voice vote of the Board members present, the resolution was adopted. 12 Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM 34. RESOLUTION 11,925 - Appointments to various Boards and Commissions - Synopsis: Animal Services Advisory Board (2 positions), Board of Adjustment (2 positions), City Beautiful Commission (1 position), MacArthur Military History Museum Commission (9 positions), Midtown Redevelopment District No. 1 Advisory Board (2 positions), Racial Cultural Diversity Commission (4 positions), Sister Cities Commission (1 position), Little Rock Zoo Board of Governors (4 positions), Central Arkansas Water (1 position - confirmation), Approval of Mr. Bob Lanford remaining on the Board of Directors of the Museum of Discovery for the remainder of 2005 in an ex- officio capacity as Past Board Chair. A motion was made by Director Keck, seconded by Director Hurst to go into executive session to consider appointments to various Boards and Commissions. By unanimous voice vote of the Board members present, being two - thirds in number the meeting was recessed at 7:55 PM. The meeting reconvened at 8:25 PM. Mayor Dailey called the meeting back in session. Mr. Bruce Moore, City Manager, read the nominations as listed: Board of Adjustment: Re- appointment of Andrew Francis, appointment of Jay Fletcher Hanson, III, City Beautiful Commission: Appointment of Jan Baker, McArthur Military History Museum Commission: Re- appointment of Glenn Davis, John Fordyce, III, Jason Hendren, Herman Alvester, Holt McConnell, Linda Norton, Steven Stavers, and appointment of Joyce Elliott and Stacey Williams, Mid -town Redevelopment District Advisory Board: Re- appointment of John Kincaid, and Baker Kuris, Museum of Discovery Board of Trustees, appointment of Bob Lankford as ex- officio member, Racial and Cultural Diversity Commission: Re- appointment of Leta Anthony, Mayo Johnson, JoLinda Stevens, Spirit Tricky, and appointment of Dennis Burrow and Susan Walters, Sister Cities Commission: Appointment of Misty Borkoski, Zoo Board of Governors: Re- appointment of Dr. Beth Milligan, and Robert Wright, III, and appointment of Lou Charles Johnson, and J. J. Agurnaught, Regional Water Commission: Appointment of J. O Hartman. Director Cazort made a motion, seconded by Director Adcock to appointment the nominees as listed. By unanimous voice vote of the Board members present the resolution was adopted and the appointments were made. CITIZENS COMMUNICATIONS Speaker: Michael Hodge Topic: Code Enforcement: Dwelling declared unsafe by the building official and a hazard by the Fire Marshall. He claimed the Code Enforcement staff turned in false information. Mr. Bruce Moore, City Manager, stated he had personally gone out to Mr. Hodges hoe along with Director Hinton, and staff to review the issues Mr. Hodges has raised, and pointed out that the original owner of the house was the person that asked for the home to be inspected, and that has been clearly documented to Mr. Hodge. Secondly, just to prove the spirit of trying to help citizens reclaim their homes, approval was made for a $2800 enhancement grant to Mr. Hodge to do the additional work. He is back in the house; 13 Little Rock Board of Directors Meeting Minutes February 15, 2005 6:00 PM staff responded to Mr. Hodge in wring as far as initial review and felt the City ahs gone above and beyond in a lot ways in dealing with this issue. Mr. Moore asked Mr. Andre Bernard, Director of Housing and Neighborhood Programs to update the Board on the Rolling Hills mobile home park issues. Mr. Bernard stated staff went out after the initial visit with the residents of the Rolling Hills Mobile Home Park, and based on some of the concerns that were raised with the installation of the propane tanks; the decision was made to do an overall inspection of the entire property. Staff did that inspection on February 10, 2005, and based on inspecting 111 mobile homes, identified several life threatening violations that existed and several life safety violations that existed and at least sixty of the mobile homes need electrical wiring improvements due to deteriorating damage or exposed wiring. The decision was to give this information to the City Manager so that staff could take appropriate action. One of the property owners' representatives was asked to come in to explain that the residents would be responsible for needed repairs. Mr. Moore stated he had asked Mr. Carpenter, City Attorney and his staff to review as this is a problem, not just one or two mobile homes, and has asked Mr. Carpenter to review the current code to determine if there is a way that instead of citing these particular home owners, an estimated 70% of these individuals actually own their mobile home, if there was a way the city can actually cite the former owner of the mobile home park. Most of the owners purchased their homes from one particular individual or the current owner of the property. There is no answer at this point, but staff is cognitive and sensitive to the fact that these individuals have been purchasing their homes over the last few years and they are in very substandard condition. He stated staff offered to go out and visit with the residents, and would meet with them tomorrow at 4:00 PM. Director Adcock asked about the 48 hour notice, on life threatening issues, if they were issued notices. Mr. Bernard stated that is one of the things they will discuss with the residents, as to what will transpire once the notices are issued. Director Adcock asked what the time frame was for life safety issues. Mr. Bernard answered they would have up to thirty days to address those issues. Mr. Carpenter, in response to a question from Director Stewart regarding the age of the mobile homes, stated that the pre- 1976 trailers, if there are problems the owner has to bring them up to the Southern Building Code, which practically can't be done. The pre -1976 trailers will have to be removed. Director Cazort, seconded by Director Hurst made the motion to adjourn. By unanimous voice vote for the Board members present, the meeting adjourned at 8:30 PM. ATTEST: N cy W od, City Clerk 14 APPROVED: Ji ailey, Mayor