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HomeMy WebLinkAbout04-19-05Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham April 19, 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, Wyrick, Hurst, Hinton, Kumpuris, and Mayor Dailey. Directors Stewart, Cazort, and Vice Mayor Graves were absent. Director Pugh gave the invocation, which was followed by the Pledge of Allegiance. Director Kumpuris and Hinton were not present at roll call but enrolled at 6:17 pm. Mayor Dailey asked the Board to consider the listed modifications. ADDITION M -1. RESOLUTION 11,971 - To set May 3, 2005, as the date for a public hearing on whether to establish Chenal Valley Municipal Property Owners Multi- Purpose Improvement District No. 10; and for other purposes. Staff recommends approval. DEFERRAL 21. ORDINANCE - Deferred to May 3, 2005 - To form Municipal Improvement District No. 9 (Brookside Park Addition) of the City of Little Rock, Arkansas; and for other purposes. (Deferred from February 15, 2005). Director Adcock made the emotion, seconded by Director Pugh to make the modifications to the agenda as listed, and to add M -l. to the Consent Agenda. Mr. Bruce Moore, City Manager, stated Item 21 was to be deferred for two weeks, or until May 3, 2005. Mayor Dailey announced if there were people present to speak on Item 21, that it would not be dealt with at tonight's meeting, but would be on May 3, 2005. PRESENTATIONS: Employee Appreciation Proclamation (April 19, 2005). Mayor Dailey read the proclamation, and Stacey Witherell, Human Resources representative, gave an overview of the events that would take place during the week of April 25 — April 29, 2005. Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM Mayor Dailey welcomed Director Hinton Back after an extended illness. Mayor Dailey introduced Walter Nunn, University of Arkansas at Little Rock, who asked quests from the Ukraine Economic Development Agencies of their prospective cities. Mayor Dailey asked Mr. Carpenter, City Attorney, what Director Wyrick would or could be able to do tonight, as it relates to her recusal on this issue (Item 22) at earlier meetings. Mr. Carpenter stated that Director Wyrick indicated at the agenda meeting that she would need to recuse on this matter in response to an inquiry as whether certain property in which she has an interest was to be an aspect of this bond issue. Since that time that matter has been reviewed in come detail by the Sewer Committee, the Official Statement has been modified and the engineering study has been modified to take the property out of the proceeds of the bond issue in any way. The conflict that Director Wyrick has was that it was an interest that a family member had in a portion of the property, so in light of the fact that the property is not included within the bond issue, and she has obviously let people know there has been that interest on the part of her family, there is no conflict under the city code and she can participate. Since she has not formally recused in this meeting, she can stay and be involved. Mayor Dailey announced that in light of the fact that several Board members were out tonight, that was good news. CONSENT AGENDA (Items 1 -11) 1. MOTION - To approve minutes from Little Rock Board of Directors Meetings: February 1, 2005, February 15, 2005, March 1, 2005, and March 15, 2005. 2. MOTION - Z- 6274 -A — To set the date of public hearing for May 3, 2005, on the appeal of the Planning Commission's action to approve a conditional use permit for Jose's Nite Club Latino located on the C -4 zoned property at 9110 Interstate 30. Planning Commission: 7 ayes, 2 nays, 2 absent. Staff recommends denial of the Conditional Use Permit. Synopsis: A record objector is appealing the Planning Commission's action in approving a conditional use permit to allow a special events center on the C -4 zoned property at 9110 Interstate 30. 3. RESOLUTION 11,972 - Authorizing the use of eminent domain on the Jerry Drive (Cantrell Road to Jerome Drive) Street Improvements Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing use of eminent domain for up to five parcels of land on the Jerry Drive (Cantrell to Jerome Drive) Street Improvements Project. 4. RESOLUTION 11,973 - Authorizing the use of eminent domain on the 27th Street (Abigail to Jefferson) and 30th Street (Washington to Jefferson) Street Improvements Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing the use of eminent domain for up to twelve parcels of land on the 27th Street (Abigail to Jefferson and 30th Street (Washington to Jefferson) Street Improvement Project. 1- Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM 5. RESOLUTION 11,974 - Authorizing the City Manager to issue a change order to the contract with Environmental Protection Agency (EPA) for the removal of mold from the Fire Training building. Staff recommends approval. 2004 Bond Project. Synopsis: The change order will allow the removal of additional mold and the interior walls that could fall since supports have been removed as part of the mold removal contract. 6. RESOLUTION 11,975 - Awarding a contract to Gene Summers Construction for reconstruction of Allis Street (Asher Avenue to 27th Street) Street Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Gene Summers Construction for reconstruction of the Allis Street (Asher Avenue to 27h Street) Street Project. 7. RESOLUTION 11,976 - Awarding a contract to Burkhalter Technologies, Inc. for construction of Ludwig Street (42nd to Colonel Glenn Road) Street Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Burkhalter Technologies, Inc. for reconstruction of the Ludwig Street (42nd Street to Colonel Glenn Road) Street Project. 8. RESOLUTION 11,977 - Awarding a contract to Township Builders, Inc. for construction of Auxor Lane /Coffer Lane Drainage Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Township Builders, Inc. for construction of the Auxor Lane /Coffer Lane Drainage Project. 9. RESOLUTION 11,978 - Promoting the conservation of energy and natural resources in the design, construction and operation of City owned buildings and properties. Staff recommends approval. 10. RESOLUTION 11,979 - Awarding a contract to Lasiter Construction, Inc. for construction of Pamela Drive Drainage Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Lasiter Construction, Inc. for construction of the Pamela Drive Drainage Project. 11. RESOLUTION 11,980 - Awarding a contract to Township Builders, Inc for construction for 28th Street (Commerce to Cumberland) and 29th Street (Fulton to Izard). Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Township Builders, Inc. for reconstruction of the 28th Street and 291h Street Projects. The Consent agenda consisting of Items 1 -11 and Item M -1 was read. A motion was made by Director Adcock, seconded by Director Hurst, to adopt the Consent Agenda. By unanimous vice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted. GROUPED ITEMS (12 -16) 3 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM 12. ORDINANCE 19,308 - LU- 05 -12 -02 - To amend the Land Use Plan (16,222) in the 65th Street West Planning District at the southeast corner of David O. Dodd and Bowman Plaza Drive from Office to Commercial; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: Land Use Plan amendments in the 65 Street West Planning District from Office to Commercial for future development. 13. ORDINANCE 19,309 - Z- 3371 -M — Reclassifying property located along the south side of Bowman Plaza Drive at David O. Dodd Road, from 0-3 to C -3; amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the undeveloped 8.6298 acre tract along the south side of Bowman Plaza at David O. Dodd Road, is requesting the zoning be reclassified from 0-3 to C -3. 14. ORDINANCE 19,310 - Z- 5099 -C - Reclassifying property located near the northeast corner of Cantrell Road and Chenal Parkway from MF -18 to 0-3, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the undeveloped 1.91 acre property near the northeast corner of Cantrell Road and Chenal Parkway is requesting the zoning be reclassified from MF -24 to 0-3. 15. ORDINANCE 19,311 - Z -7799 — Reclassifying property located near the northeast corner of Chenal Parkway and Rahling Road from MF -24 and 0-2 to C -3; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the undeveloped 1.8836 acre property located near the northeast corner of Chenal Parkway and Rahling Road is requesting the zoning of the property be reclassified from MF -24 and 0-2 to C -3. 16. ORDINANCE 19,312 - To amend the Little Rock Budget Ordinance (December 14, 2004) to adjust the fiscal year 2005 Budget Ordinance to note expenditure adjustments for Rollover of Encumbrances, Street Costs, Pension Costs, Personnel Savings, Grant Match, and other adjustments; to declare an emergency; and for other purposes. Synopsis: Six adjustments need to be made to the FY04 budget to adjust for known changes. The grouped items consisting of Items 12 — 16 were read the first time. Director Adcock made a 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, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock made a 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, 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 and emergency clause (Items 12 —16) were passed. 0 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM 17. ORDINANCE 19,313 - LU- 04 -01 -07 — To amend the Land Use Plan (16,222) in the River Mountain Planning District from Suburban Office to Mixed Uses; and for other purposes. Planning Commission: 6 ayes, 4 nays, 1 absent. Staff recommends denial. Synopsis: Land Use Plan amendments in the River Mountain Planning District from Transition and Suburban Office to Mixed Use for future development. The ordinance was read the first time. Ms. Kathleen Olsen, League of Women Voters of Pulaski County, spoke in opposition to Items 17 and 18, stating that this is nothing more than "stripping" out Cantrell Road/ Hwy 10. Two years ago, the land use was changed from Transition to Suburban Office, recognizing there could be a need for something like that. In the last year or two there have been some more commercial property changes to the land use plan to expand the commercial node. In the last 1980's and 1990's there was a large citizens grouped that worked on the Hwy 10 Design Overlay Plan and the reason for it was so that Hwy 10 was not stripped out. Ms. Olsen stated they want to make one of the lots in this development a stand alone restaurant, which is totally commercial and has nothing to do with office use at all. She stated they could put a restaurant in the office building, but not a stand alone restaurant, but they want to use it as pure commercial property. She asked the Board to turn it down. She stated the application is saying they only want to have an eighty foot setback off of Hwy 10 whereas the Design Overlay has been a hundred feet all along and the Board has adhered to that. Mr. Joe White, White Daters, representing the applicant stated that this is still 87% office and 13% commercial, and felt it was a good mix. He stated there is commercial business and office -mix in the area of this development. He stated they did not feel they were stripping out Hwy 10. If you look at this development, they have asked for a very small portion of the development, it's a 4500 square foot restaurant in the front and 29,000 square foot of office in the back. He stated that staff is currently showing the land use as transition which does allow office. If the two buildings were combined, they could do 10% of their space as restaurant, but what they want to do for marketing purposes is to put the restaurant out front. He stated they are asking for the restaurant to stand on its own lot. He stated there was very little opposition at the Planning Commission, and they did receive a favorable vote at the Planning Commission and felt the reason was that when you look at this application, they have a commercial node, at Cantrell Road and Taylor Loop. There is a twenty four hour Walgreen's, a Catfish City Restaurant going in, and to the west are three existing office buildings, and on the other side of Rummel Road there is along area of Park/Open Space and they feel that limits stripping out. He stated they are as close to the commercial intersection as the Capers Restaurant, and going east of the intersection there is the twenty year old development with Fuller and Sons and the John Rees Development going in. He asked the Board for approval of the development. The ordinance was read the first time. A motion was made by Director Keck, seconded by Director Adcock to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. A motion was made by Director Adcock, seconded by Director Keck to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board members present, being two - thirds in number the ordinance passed. 5 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM 18. ORDINANCE 19,314 - Z- 7603 -A — Approving a Planned Zoning Development and establishing a Planned Office District titled PDC Company Short -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, providing for a variance to allow the development of a lot without public street frontage; located north of Cantrell Road, west of Taylor Loop Road, in the City of Little Rock; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 6ayes, 4 nays, I absent. Staff recommends denial. Synopsis: The applicant is requesting the development of the 3.6 acre parcel as a Planned Office Development to allow the development of the site with an office /commercial facility and the creation of a two lot plat resulting in a variance from the Subdivision Ordinance to allow the creation of a lot without public street frontage. (See discussion on Item 17). The ordinance was read the first time. Director Adcock made a 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, being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Adcock made a motion, seconded by Director Hurst to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board members present, the ordinance passed. 19. ORDINANCE - Defer to May 3, 2005 - Z- 6932 -B — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Arkansas Associations of Nigerians Revised Short -Form PCD located at 9802 Geyer Springs Road, 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 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is requesting to amend the previously approved PCD to add fraternal organization to the allowable uses for this site. The ordinance was read the first time. Director Keck, seconded by Director Adcock made a 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 Keck, seconded by Director Hurst made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being tow - thirds in number, the rules were suspended to provide for the third reading. Director Adcock stated that this building is in very poor condition, and an eyesore to the community. She stated the parking lot has grass growing in it; the building looks like it is in need of a lot of repair. She asked what kind of landscaping would be required. Mr. Bruce Moore, City Manager, asked Mr. Tony Bozynski, Planning and Development Director to respond to this question. Mr. Bozynski answered that it was staff understanding that the applicant will paint the outside of the building. He stated he believed they had done some minor repairs to the interior. He stated the applicant will be required to clean up the parking lot, and not add any additional landscaping because they are not increasing the building footprint, or making any substantial improvements. Director Adcock asked staff to go back and review previous files to see if landscaping was required when the building was built or was done and the landscaping died. Mr. Bozynski stated if that is the case, they will have to come back and either add it, or replace it. Mr. Bozynski stated this is currently a PCD and they are just revising it to 2 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM add this use. Director Adcock stated their neighbor, Longview Baptist Church has just spend several million dollars on their facility, and the building at 9802 is an eyesore, and would like to see landscaping put in, and see something done with the parking lot, and the general appearance of the building. Mr. Bozynski stated that staff would o back and see what conditions are landscaping was required through the previous approval. Mayor Dailey asked if the applicant was present. There was no response. Director Adcock stated they have been using the building for a while and was a concern and a need that the applicant understand that some of these things need done to this building before occupied. Mayor Dailey stated that first of all there is a motion and second for the third reading, unless it is withdrawn. Director Kumpuris stated he felt it was unfair to the applicant to vote on this if there is some obligation on their part for additional improvements, and felt it should be left on third reading, even if the meeting has to be reconvened. Mr. Carpenter stated a motion to withdraw the motion and second would be in order. Director Keck and Director Hurst with drew the motion and second. By unanimous voice vote of the Board members present, the motion was withdrawn. The ordinance was held on third reading. Director Wyrick stated that this building has been vacant for some time, and asked on a PCD, if that is ever revoked, or does that status stay even though there has not been use of the building, and was wondering if the PCD status was lost. Mr. Bozynski stated, no the property ahs not lost the PCD status. To revoke a PCD you have to do it by ordinance because it is established by ordinance. Mr. Carpenter stated the file can be reviewed and can set forth the items in the file as conditions as a modified ordinance on the third reading. 20. ORDINANCE - 2nd Reading May 3, 2005 — To repeal Little Rock Ark. Revised Code, Chapter 3, Article 11, Section 3 -11 through 3 -23; to replace it with a new false alarm ordinance to strive to improve public safety by further reducing emergency responses to false alarms; to encourage alarm users and alarm companies to properly use and maintain the operations effectiveness of alarm systems and reduce or eliminate false alarms; and for other purposes. Staff recommends approval. (First Reading) Synopsis: The ordinance more clearly states the responsibilities of alarm owners, alarm installation companies and alarm monitoring companies regarding false alarms. The ordinance establishes an alarm permit system. The ordinance was read the first time. Mayor Daily announced that he and the City Manager had discussed this item yesterday and in the spirit of a lengthy process, to be sure the public is informed, and has a change to discuss, debate or raise questions about the ordinance. It is noted in the ordinance that it would not go into effect until the first of the year. They though it best to read the ordinance on two separate meetings, if not three, just to give plenty of time for discussion. Mayor Dailey announced he had not received any speaker cards turned in to speak on this item tonight. Director Keck asked the City Manager, Mr. Bruce Moore, that since this may be stretched out over the next several meetings, that he would like to request a plan from the City Manager, Staff, the Chief, and Public Relations Office and others, as to how this will be communicated to the citizens, and how staff will work to educate the citizens so that everyone understands the expectations. Director Hurst asked who the business owners were that help collaborate on the ordinance. Mr. Moore answered that the local alarm companies were engaged. Mr. Moore deferred the question to Mr. Bob Biles, Finance Director, for overview. Mr. Biles stated that a group of businesses were not engaged. He stated they spoke with folks through the public hearings, through contacts on the false alarms and tried to listen to what they were saying. Director Hurst asked who the alarm 7 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM and monitoring companies were that participated. Scott Massanelli, Treasurer Manager, stated there was a list of forty one companies who were sent letters asking them to become involved. He said there are three representatives present tonight. He stated a lot of the input occurred over the phone, but most by mail and letters. Mr. Biles stated besides the response, they did receive input, and responded to that input when putting together the ordinance. Director Hurst asked those involved with alarm systems to come forward over the next few weeks as the ordinance is being discussed. Mayor Dailey asked stated that about 97% of alarm calls are false and taking officers out of service for that is something on concern and impacts public safety overall. Director Hinton requested he would like to hear from any of the companies present tonight. Mr. Bill Cooper, ADT Alarm Company, and working for the Security Industry Alarm Coalition, and works with law enforcement and city governments and companies thought the United States on false alarm ordinances. He stated this is one of the friendliest ordinances that he has seen anywhere in the United States. They work on the basis of an ordinance called the model ordinance which has as its chief deterrent a practice called enhanced call verification. This requires that the monitoring company make a second call when there is an alarm. This has been in effect about a year and they are finding thirty to seventy percent reductions in false dispatches; that it the name of the game. It's significant, and frees police up to do other things. He stated the alarm industry is supportive of it, and law enforcement supports an ordinance such as this one presented. Mr. Roger Martin, Arkansas Protection Services stated the premises of the ordinance was to get a permitting system going, where the alarm user, whether monitored or local non - monitored sends the information to the City so that the City ahs a recordkeeping trail to go by, so if there is an abuser that is constantly setting off an alarm, there is a record of who to go to. As an industry, as far as installation companies, need to be more diligent with what they do as far as training the homeowners, business owners, as to how to use their systems. Mayor Dailey asked Mr. Biles relative to the permit, asked if the permit has to be posted on the front of the house. Mr. Biles stated a permit is required under this particular ordinance, and it would have to be in one of two places, either the front door or window close to the front door, so it is easier for the officer to locate. Mr. Biles stated there will be some residents hesitate to put up the sticker because they don't want someone to know if there is an alarm there, so there are two sides to this issue. 21. ORDINANCE - Defer to May 3, 2005 - To form Municipal Improvement District No. 9 (Brookside Park Addition) of the City of Little Rock, Arkansas; and for other purposes. (Deferred from February 15, 2005). There was no discussion, as the item was deferred until May 3, 2005. PUBLIC HEARINGS (22 -23) 22. PUBLIC HEARING AND ORDINANCE 19,307 - Authorizing the issuance of sewer refunding and construction revenue bonds for the purpose of refunding certain outstanding obligations of the financing extensions, betterments and improvements to the city's sewer system. Synopsis: A public hearing to consider an ordinance authorizing $10,000,000 in principal amount of Sewer Refunding and Construction Revenue Bonds. Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM Mayor Dailey announced that Item 22 was a non - controversial item and should not impact individual Board members and does not in any way offer dollars that could go to the new sewer treatment plant, and that there were no cards turned in for people wishing to speak in favor or against the item, and asked if the Board was okay with him opening and closing the public hearing on this item and dispensing with the item. The Board did not have any objections. Mayor Dailey declared the public hearing open, and read the ordinance the first time. Mayor Dailey asked if anyone was present that wished to speak on the item. There were none present. Mayor Dailey closed the public hearing. Director Adcock made the motion, seconded by Director Kumpuris to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Adcock made the motion, seconded by Director Kumpuris 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, the ordinance and emergency clause contained in the ordinance were passed. 23. PUBLIC HEARING & RESOLUTION — Failed - Z -7758 — To appeal the Planning Commission's action in approving a conditional use permit to allow a youth sports center on the R -2 zoned property located at 8700 Pinnacle Valley Road. Planning Commission: 6 ayes, 4 nays, I absent. Staff recommends approval of the Conditional Use Permit. Synopsis: A record objector is appealing the Planning Commissions action in approving a conditional use permit to allow a youth sports center on the R -2 zoned property. Mayor Dailey opened the public hearing. Christian Nelson, applicant, explained that this had become very controversial and they have had several meetings. He stated the Hwy 10 Community Center was shut down, and that he grew up playing there. He stated he looked forward to when he had a family and could take his kids to that park. He stated he started volunteering and his son became of age this year, and all of a sudden they are shut down and have no place to play. He stated hew went to some of his family members and talked about using the property they have at 8700 Pinnacle Valley as a sports park. It was a way to not ask for any tax dollars, but just a way for kids to play. All they want to do is let kids form 5 years old to 12 years old play. He said they would like to be organized and have a place to play. Director Keck asked if these would primarily be baseball diamonds, and asked if other sports such as soccer would be played, and asked what hours the fields would be utilized. Mr. Nelson stated they would be transitional fields, there would be three baseball diamonds, and then after baseball season, they would become three football fields. The games would start at 6:30 PM, and 7:30 PM. This would be off -peak hours of the heavier traffic volumes. He said they practice on Thursday from 6PM — 7Pm and on Saturdays from IPM to 2PM, and on Sundays, it's after church form 3PM to 4 PM. Director Adcock asked about the lighting and sound equipment. Mr. Nelson responded that there is no sound equipment. The lighting would be done by the same people that did the Presidential Library lighting. Lighting has become so advanced that you are not illuminating the valley, only the fields. He stated that by the time the last game is played and cleanup is done, the lights would be off by 10 PM. 0 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM Those speaking in opposition to the sports center were: Gary Aday, Ken Brock, Stan Norwicki, H.L. Walters, Cecil Fox, Maryanne Bailey, Tommy Williams, Kenny Bailey, Rita Dyer, and Michael Wilkins. Issues presented were concern relating to financing, and the continuation of this project, no tax income to the city or county, the unknowns of what the facility will be, no regulations, creating traffic problems in and out of the area, causing traffic jams that sometimes last over an hour, the road being a two -lane rural road with large embankments, concern that emergency vehicles cannot get in and out or cause response delays because of traffic problems. The project is not compatible with neighborhood, which is mostly single family homes, low density parks which are focused on natural surroundings. There were concerns regarding the number of parking spaces, and changing the character, nature, and conscience of this valley. Mr. Jim Nichols, stated he did not plan on speaking, was going to speak in favor of the project. He sated he was the former president of the Little League Program and currently an Assistant District Director for Little League Baseball Program. He said baseball parks are put in residential areas, kids can walk there. The lighting is state of the art and of such it should not be a problem to the area residents, and applauded Mr. Nelson for what he is trying to do, recognizing how hard is to establish something like this. He encouraged the Board to vote for the program. Director Keck asked Mr. Nelson specifically for the record, what was going to take place on this project. Mr. Nelson answered this was going to be a little league ball park. It will be baseball and football. Baseball will be played from April until June, and football from September to October. He said they were looking at jogging trails for the kids in the community, basketball courts in the park for kids to walk to and use. There will be three fields that will convert from baseball to football during each perspective season. Mr. Nelson addresses the parking spaces saying they have ninety kids who will not be playing at one time, so there will be an overlap in traffic form one game to another. He said they are not trying to restrict anyone from playing. He stated they have worked with Little Rock Parks and Recreation, and the County and came up with something that would be good for traffic, and good for the kids. Mr. Nelson stated there is a horse area to the front of this property, but that is his dad's and this project would not be connected to the Pinnacle Valley Sport Center. There will be no concerts. Mr. Nelson stated accidents do happen in the area, they happen all over the city, and that is unfortunate, but they are not caused because of a Little League Park. Director Pugh asked Mr. Nelson if he would consider having fewer fields. Mr. Nelson answered that this application is reduced from the original six he had requested. Mr. Nelson stated a lot of revenue can be generated by having tournaments. Director Kumpuris stated he appreciated Mr. Nelsons enthusiasm and what he is trying to do, but there is real issue of how will this project be maintained. Director Kumpuris asked Mr. Bob Turner, Interim Public Works Director, was asked to address traffic. Mr. Turner presented an outline saying that Pinnacle Valley Road is a little different than normal roads, either major arterials in the city or residential streets. The reason is that it serves a multitude of purposes. There are three major parks, and residences along the routes. When traffic was counted, it was counted right at the north city limits line. He 10 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM stated it was counted on Friday, Saturday and Sunday, and in all cases the traffic differed significantly. On Friday there were a little over 3700 vehicles a day that traveled that road both north and south, pretty well split in the volume going in each direction. Generally the traffic on the week days are spread out from 8 AM to 8 PM then it tapers off after 8 PM. On Saturday, the traffic is significantly higher; there is another 1000 vehicles a day. The traffic is spread out but is essentially from about a little before noon to shortly after 8 PM. Most of the traffic on Saturday comes about the 5PM — 6PM area on Saturday. Sunday, the traffic is significantly higher than through the week. It's about 4000 vehicles a day. The shift in the time gets into the afternoon, with the majority traffic staring at 1 PM and to sometime after 5 PM. It is generally spread out uniformly over those hours. It's basically two hundred cars per hour, a hundred cars in each direction during that time period. Mr. Turner stated about 8000 cars would be a practically limit for a road like this. The impact of the sports complex on this would not really make a big difference. He said there is definitely not one -two hour congestion. He stated that when the event is let out, they would enter into Pinnacle Valley and go south. If you were right in the midst of that, you would consider it congestion, but it would dissipate within ten to fifteen minutes and after that there would be the normal traffic. Depending on the day you traveled, if it was the heavy day on Saturday, you would see heavier day than on a Wednesday or a day through the week. He said one thing he did notice was, there was mention of accidents and fatalities, and did speed studies, and on everyday, Friday, Saturday and Sunday, there were a number of vehicles traveling at a high rate of speed on Pinnacle Valley. On Saturday about &PM to 8PM they had vehicles traveling at speeds of over sixty miles per hour. Chief Kerr, Little Rock Fire Chief stated that what Mr. Turner had just overviewed would probably alleviate concerns on an emergency response. Any time you are on a narrow road with one lane going in each direction, sometimes that makes an emergency response more difficult because there is no place for the traffic to move off to. She did not believe it would be of more impact than any one of our one lane in each direction roads that don't allow emergency traffic to flow freely. Mayor Dailey asked Chief Kerr what is the average response time for the Little Rock Fire Department. Chief Kerr answered that it was four minutes. Director Kumpuris asked Mr. Tony Bozynski, Planning Director, to overview the issues that had been brought up. Mr. Bozynski stated the original application brought up a lot of concerns with staff. He said they felt it was overbuilding the site. It basically had the entire acreage covered with some type of field, activity, parking area, etc. In working with the applicant, the plan before the Board tonight was scaled down substantially from the original submittal. The plan as it is before the Board is proposed to be done in tow phases. The first phase will have the three fields used both as football and baseball fields with accompanying parking area, restroom facilities and concession stand. The area adjacent to Pinnacle Valley, the horse corral, being left just as it is. The second phase which is to the rear of the property will include two basketball courts and a volley ball court, and then some additional parking with a large area being left undisturbed as is on the plan, and is how it will have to remain. Mr. Bozynski stated they felt by this reduction and also limiting the days of activity, the application is for Tuesday night and Thursday night for one game each field for those two nights, the hours from 6:30 PM to 9:30 PM. On Saturday, there will be two games on each field starting around 10 AM. Staff felt with those limitations, downsizing the site plan to what is before the Board would have limited impact on the surrounding area. Any changes to this would have to come back to the Planning Commission. Mr. Day, Interim City Manager, 11 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM stated the Parks Department did assist Mr. Nelson with the Plan but had not taken a stand either for of against the project, but stated there is a shortage of these types of facilities in the area. Director Adcock asked bout fundraising activities. Mr. Bozynski stated that on a game day they might have the sell of candy and those typical kinds of fund raisers. Big name event type fund raisers would have to be revisited because right now he is limited to the days of operation, and thought with activities such as games going on at that time and you're trying to do something else there could be conflicts with what is taking place on the site. Director Adcock asked if the consideration of the impact of the horse show traffic was considered, and would it not increase because there would be restrooms and concessions available to them. Mr. Nelson stated when there is a baseball game, etc. there that is all there will be. The two events would not take place at the same time. Mr. Nelson stated when they do baseball camps. Banquets, or fundraisers, they would use other facilities. Director Adcock asked Mr. Nelson to explain the baseball camps, that she understood there were to be ball games, not camps. Mr. Nelson stated at the start of the season they have professional ballplayers that come in and actually do coaching clinics, which also would be held at other locations such as the Embassy Suites or Maumelle Park. Director Adcock asked if the concessions and restrooms would be closed during the times of the horse shows. Mr. Nelson stated they would like to be able to raise money for the park, and when those horse shows are going on, they would like to be able to use those facilities. Director Adcock commented that she was sure staff had spent many hours looking at traffic studies, but there was an expert here to night that lives one block from this proposed facility, and that is Captain Walters, who has talked tonight about the problems this will cause with the traffic and would be voting against the project because she felt it was too intense, and felt this was opening up the whole valley to change. Director Keck stated he has friends that have to travel to North Little Rock for their kids to play soccer because Little Rock does not have the facilities for them. He said Mr. Nelson does not want to build a huge complex that will fit all needs, only a place where kids can play ball. He stated he thought Mr. Nelson had done what was asked of him in limiting what he is going t doing and felt it is sufficient to meet the needs of that, and did not feel it would be a huge impact and his only regret is that it is not on Kanis instead of Cantrell so folks in his neighborhood could go there and play ball. Director Hurst stated as an observation, that she has grown very careful in that when there are promises made, wanted to be sure it is either in the resolution or in the ordinance or in the conditional use permit so that the City can monitor it effectively and make sure that what is promised is actually done. She stated she did not feel comfortable that all the things that have been promised tonight are actually in the conditional use permit, so that the City can actually follow it. Mr. Nelson stated that it actually is. Director Kumpuris asked how to address this. Mr. Carpenter, City Attorney stated you make it a condition, a specific condition in the permit, with the time frames, etc. He stated he thought that when they were describing the months, times, thought that had been handled. Director Kumpuris moved that this be modified to clearly delineate the requirements that Mr. Nelson said he would do. Director Hinton seconded the motion. Director Hinton asked what kind of time frame Mr. Nelson was looking at in starting to build. Mr. Nelson said if they were approved tonight would like to start building in the middle of May, 2005. Mayor Dailey stated his concern was the more the Board tries to restrict this, the more a round peg is trying to be fitted into a square hole, and felt Mr. Nelson was being done a disservice by putting him in such a box that it is going to make it very difficult for him to carry his program and grow his program. He said he will have to vote 12 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM against it under the current terms it is structured. He said he was not sure it was the right spot for it. Assuming this does not pass, there should be some way to help Mr. Nelson get the program off the ground whether it is out on the 600 acre park west of town or whatever it might be. Mr. Nelson stated he was willing to address the concerns saying that all they want to do is play baseball and football. They do not want to do concerts, if the Board does not want the Major League guys coming here; it is not something they have to do. All they want to do is on Tuesday play baseball from 6:30 PM to 7:30 PM the lights will be off by 9:30. They would play again on Thursday, same hours, and then on Saturday and that's it, baseball season is over. Then they want to play football. They do not want o listen to music, they don't want to dance the just want to play baseball and football. He said he would put that in writing, he has done everything he has promised, and he has kept his word. He stated if the Board wanted to vote against this, he couldn't stop that, but all he is saying is that it is already in writing. It's a conditional land use, and if they don't do those things, then shut them down. Mr. Carpenter pointed out that the applicant has asked that the ordinance be modified to make sure those conditions are definitely there, this is up on appeal, but two people have announced they are going to vote against this and there are only eight people here, and there will have to be six affirmative votes one way of the other on this application or the appeal is going to be denied because there would not six votes to overturn the Planning Commission, and didn't know whether the Board would want to wait until there is a full Board or not. Director Pugh stated she felt the Board should wait. Director Keck asked Mr. Carpenter that since this is an appeal that has come to the Board. The Board has made certain the things that the Board is asking to be done (the things discussed tonight) are a part of what the Board is voting on. Director Keck's question was if there is a discrepancy between what is in the ordinance and what is being voted on tonight is inappropriate for the Board to amend at this point and time based on the fact that it's an appeal that is being voted on. Mr. Carpenter stated what he understood that has been agreed upon in the amendment is simply codify what has been agreed upon before the Planning Commission. Mr. Bozynski, Planning Director stated the action before the Board is a resolution to rescind the Planning Commission's action. The applicant can offer other conditions, which he has tonight. Some of those were part of the Planning Commission approval, but what is before the Board is just a resolution on the Planning Commission's action. It is not an ordinance with a number of conditions. The resolution was read. Mayor Dailey stated the vote either up or down on this, is a "yes" means no, this project does not happen, and a "no" vote means it does happen. A roll call vote was taken and recorded as follows: Directors: Pugh, yes, Keck, no, Wyrick, yes, Hurst, yes, Hinton, no, Adcock, yes, Kumpuris, no, Mayor Dailey yes. The resolution failed. Director Adcock asked if the Planning Commission vote stands; that is not what they just voted. Director Adcock stated she was voting not to allow it. Mayor Dailey stated there were not enough votes to accomplish that. It would take six votes to accomplish that, so in essence the Planning Commissions action stands. Mr. Carpenter stated that was correct. 13 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM OTHER BUSINESS Director Keck, seconded by Director Kumpuris made the motion to go into Executive Session to consider recommendations to various Bards and Commissions. By unanimous voice vote of the Board members present, the meeting was recessed at 8:35 PM. Director Keck asked Mr. Carpenter if when they go into executive session, is it appropriate to discuss not only appointees, but processes for other appointments, because there has been the opportunity to expand one of the commissions and thought they as a board needed to discuss first of all whether they want to do it, and the process going forward. Mr. Carpenter said he did not think so. He said the Board is allowed to go into executive session for the very limited purpose of discussing personnel matters, and though the ordinance had already been passed if he were referring to the Airport Commission, to expand it to the seven members. Mayor Dailey called the meeting back into session. Mr. Moore announced the recommendations as follows: Animal Services Advisory Board, re- appointment of Pam Adcock, Arts and Cultural Commission, appointment of William J. Gaston, and appointment of William Vickery, reappointment of Jesse Mason to the Little Rock Port Authority Board, re- appointment of Dale Wintrop, to the Little Rock Sanitary Sewer Committee. Director Pugh seconded by Director Hurst, made the motion to adopt the resolution making the appointments. By unanimous voce vote of the Board members present, the resolution was adopted. 24. EXECUTIVE SESSION & RESOLUTION 11,981 - To make appointments and re- appointments to various Boards and Commissions. Synopsis: Appointments and /or reappointments to the Animal Services Advisory Board, Arts and Culture Commission, Port Authority, and the Sanitary Sewer Committee. CITIZENS COMMUNICATIONS Speaker: Jim Nichols Topic: AFSME Contract Negotiations Update Speaker: Eric Ayers Topic: Addressed problems, and safety issues, and devalued property in the empty, abandoned and burned out houses from Elm to Woodrow Streets, 12th Street to Roosevelt and Asher Mr. Moore stated they would set up a meeting with Mr. Ayers and other neighborhood leaders and the Housing staff and report back to the community and to the Mayor and Board on the status. Director Hurst made a motion seconded by Director Adcock to adjourn. By unanimous voice vote of the Board members present, the meeting was adjourned at 9:10 P.M. 14 Minutes Little Rock Board of Directors Meeting April 19, 2005 6:00 PM ATTEST: Na cy Wo , CMC City Clerk 15 APPROVED: FjNAJIA