HomeMy WebLinkAbout08-01-05MINUTES
BOARD OF DIRECTORS MEETING
City Hall — 500 W. Markham
August 1, 2005 - 6:00 PM
The Board of Directors of the City of Little Rock, Arkansas met in regular session with
Director Joan Adcock presiding. Assistant City Clerk, Nataki S. Blocker called the roll
with the following Directors present: Pugh, Hinton, Hurst, Cazort, Stewart, Wyrick,
Kumpuris, and Adcock. Mayor Dailey, Vice Mayor Graves, and Director Keck were
absent. Director Wyrick gave the invocation, which was followed by the Pledge of
Allegiance.
Director Adcock asked the Board to consider the listed modifications.
DEFERRALS:
35. ORDINANCE — Deferred to August 16, 2005 - Z -7875 - Approving a Planned
Zoning Development and establishing a Planned Zoning District titled Taylor Park
Subdivision Long -Form PO -D, located south of Kanis Road, east of Asbury Road,
Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and
for other purposes. Planning Commission: 7 ayes, 3 nays, 1 absent. Staff recommends
approval. Synopsis: The applicant is proposing the rezoning of this site from R -2 to
POD to allow the development of this 22.9 acre site with a mixture of office and
residential uses. The applicant is also requesting a deferral of the required street
improvements to Kanis Road.
36. ORDINANCE — Deferred to August 16, 2005 - Amending Chapter 30 of the Code
of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master
Street Plan construction requirements for Kanis Road; and for other purposes.
Planning Commission: 7 ayes, 3 nays, I absent, 1 abstaining. Staff recommends
approval. Synopsis: Authorizes a five year deferral for a portion of street
improvements required under the Master Street Plan for Taylor Park preliminary
plat on Kanis Road.
Director Hurst made the motion, seconded by Director Hinton to accept the
modifications to the agenda as listed, to make Item 14 separate, and to add Item
31 to the grouped items.
The Consent agenda consisting of Items 1 -15, and excluding Item 14 was read.
1. MOTION - To approve minutes of regular Board of Directors Meeting: June 7, 2005.
2. RESOLUTION 12,049 - To authorize the City Manager to enter into a contract with
Scott Construction Equipment for the purchase of one (1) Four Wheel Drive 2.75 Yard
Wheel Loader. Staff recommends approval. Synopsis: Three bids were received for
Bid No. 5288. Scott Construction Equipment is the lowest bidder meeting minimum
specifications.
3. RESOLUTION 12,050 - G -23 -348 - To set the date of public hearing for August 16,
2005, on a request to abandon a portion of Cobb Street public right -of -way located
north of West 22 "d Street and south of West 21St Street. Planning Commission: 11
ayes, 0 nays. Staff recommends approval. Synopsis: The applicant is requesting the
abandonment of a portion of Cobb Street located north of West 22 "d Street and
south of West 21St Street.
4. RESOLUTION 12,051 - G -23 -351 - To set the date of public hearing for August 16,
2005, on a request to abandon a portion of Arnold Street, Conner Street and two (2)
alleys located in Block 35 of the Josephine Panky Extension of her Third Addition
Subdivision. Planning Commission: 11 ayes, 0 nays. Staff recommends approval.
Synopsis: The applicant is requesting a portion of Arnold Street, Conner Street and
two (2) alleys located in Block 35 of Josephine Pankey's Extension of her Third
Addition Subdivision to be abandoned as public rights -of -way.
5. RESOLUTION 12,052 - G -23 -352 - To set the date of public hearing for August 16,
2005, on a request to abandon a portion of West 191h Street, West 20th Street, Volger
Street and a 12 foot alley located in Block 7 of the Blankenship's Addition. Planning
Commission: 9 ayes, I no, 1 absent. Staff recommends approval. Synopsis: The
applicant requests to abandon a portion of West 19th Street, West 20th Street, Volger
Street and a 12 foot alley located in Block 7 of the Blankenship's Addition.
6. RESOLUTION 12,053 - To set the date of public hearing for August 16, 2005, for
the formation of the City of Little Rock Municipal Property Owners' Multipurpose
Improvement District 23 (Kanis Village Project).
7. RESOLUTION — (Was passed, but should have been an ordinance.) - To
authorize the purchase of portable radios for Command and Control Personnel and
First Responders within the Fire Department. Staff recommends approval. Synopsis:
The Police Department is requesting approval to purchase seventy -two (72)
XTS5000 Model 2 Portable Radios from Motorola, Inc. for the Fire Department's
Command and Control Personnel and First Responders. The amount of this
purchase is $282,513.60 plus $19,650.82 sales tax totaling $302,164.42. Note: The
item will be placed on the August 16, 2005 Agenda to be passed as an ordinance.
8. RESOLUTION 12,054 - To authorize the City Manger to enter into a contract
with the Little Rock School District for the School Resource Officer Contract.
Staff recommends approval. Synopsis: The contract with the Little Rock
School District will remain essentially unchanged from the previous contract
regarding the number of Officers. The contract was updated with current
reimbursement details. The contract will provide for a one (1) year term
with the option to renew for two (2) additional terms.
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9. RESOLUTION 12,055 - To accept the nomination to reappoint Curt
Bradbury, Joseph Hurst Jr., Gladys Whitney, and to appoint Barbara Hoover,
Bryan Jeffrey, John Bailey, Daryl Bassett, and Cindy Feltus to the Arkansas Arts
Center Board of Trustees.
10. RESOLUTION 12,056 - To reinstate Debra Harris to serve as a member
of the Little Rock Board of Adjustment; and for other purposes.
11. RESOLUTION 12,057 - To authorize the Mayor and City Clerk to execute a
correction deed needed to convey certain unneeded right -of -way located along Kanis
Road in the City of Little Rock, Arkansas, to Baptist Health; and for other purposes.
Synopsis: The resolution authorizes the Mayor and City Clerk to execute a
correction deed and any other documents necessary to transfer certain right -of -way
property to Baptist Health, which became unneeded when Kanis Road was
realigned. This conveyance was previously approved by the Board, but it has since
come to attention that the legal description that was supplied to the City was
incorrect and must be corrected.
12. RESOLUTION 12,058 - To award a contract to Jimmy A. Patton Construction
Company for an on -site rock crushing project at the Little Rock Solid Waste Facility;
and for other purposes. Staff recommends approval. Synopsis: Approval for on -site
rock crushing at the Little Rock Landfill Facility for the Public Works Department
Solid Waste Services Division.
13. RESOLUTION 12,059 - To award a contract to Ameri -Kart, Inc. for 1000, 90-
gallon Solid Waste Containers; and for other purposes. Staff recommends approval.
Synopsis: Authorizes the City Manager to execute an agreement with the lowest
bidder, Ameri -Kart, Inc. for 1,000, 90- gallon Solid Waste containers and issue a
one -year annual purchase order for additional carts if needed.
14. RESOLUTION - Deferred to Aug le' To make the reappointment of
Mr. Eddie Powell to the Board of Commissioners, Central Arkansas Water;
and for other purposes.
15. RESOLUTION 12,060 - To authorize the City Manager to enter into an agreement
with Johnson Controls to develop and implement a plan for the removal of methane
gas from the city landfills; and for other purposes.
A motion was made by Director Hinton, seconded by Director Cazort, to adopt the
Consent Agenda. By unanimous voice vote of the Board members present, being two -
thirds in number, the Consent Agenda was adopted. Item 14 was deferred to August
16, 2005.
CITIZENS COMMUNICATIONS
Speakers: Mary Dornhoffer and Mark Dark Davis
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Topic: Selection of Site 6A for the new sewer plant. They both would like the
Board to request that the Sewer Committee reconsider their selection of
Site 6A.
Speaker: Glen Schwartz
Topic: De- prioritization of the Little Rock Police enforcement of marijuana
laws.
The grouped items consisting of Items 16 — 26, and Item 31 were read the first time.
16. ORDINANCE 19,354 - S- 1344 -F — 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 a reduced platted building line for
the Montagne Court Subdivision — revised preliminary plat located north of Forest
Lane on Montagne Court. Planning Commission: 11 ayes, 0 nays. Staff recommends
approval. Synopsis: The applicant is requesting a reduced front platted building
line for Lots 20 -24 of the proposed subdivision, reducing the front building line to
ten feet.
17. ORDINANCE 19,355 - Z- 6240 -A — Approving a Planned Zoning Development and
establishing a Planned Office District titled View Point Office Development Long -
Form POD located north of Cantrell Road, east of Sam Peck Road, Little Rock,
Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other
purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval.
Synopsis: The applicant is requesting a rezoning of proposed Lot 1 of the View
Point Subdivision to POD to allow the development of this office lot inconsistent
with the minimum lot area standard designated per the Highway 10 Design Overlay
District.
18. ORDINANCE 19,356 - Z- 7783 -B - Approving a Planned Zoning Development and
establishing a Planned Office District titled Miracle Development Short -Form POD
located at 14929 Cantrell Road, Little Rock, Arkansas; amending the Official Zoning
Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes,
0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is requesting a
rezoning of the site from R -2 Single family to POD to allow a conceptual site plan
for a future office development.
19. ORDINANCE 19,357 - Z -7837 - Approving a Planned Zoning Development and
establishing a Planned Zoning District titled Fairhills Circle Short -Form PD -R, located
on the southeast corner of West Markham Street and Fairhills Circle, Little Rock,
Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other
purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval.
Synopsis: The applicant is proposing a rezoning of the site from R -2 to PD -R to
allow the creation of a two (2) lot plat and the development of the lots with single -
family homes.
20. ORDINANCE 19,358 - Z -7838 - Approving a Planned Zoning Development and
establishing a Planned Zoning District titled Rush Engine DBA Triumph of Arkansas
Short -Form PCD located at 4100 S. University Avenue, Little Rock, Arkansas;
amending the Official Zoning Map of the City of Little Rock; and for other purposes.
Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The
applicant is requesting a rezoning of this site from C -3, General Commercial
District to PCD to allow for a mixed use development. The applicant is requesting
to utilize the site for motorcycle sales and outdoor display, office warehousing and
C -3, General Commercial District uses.
21. ORDINANCE 19,359 - Z -7867 - Approving a Planned Zoning Development and
establishing a Planned Zoning District titled Singleton Short -Form PCD located at
4744 and 4754 Springer Boulevard, Little Rock, Arkansas; 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 applicant is
requesting a rezoning of the site from I -2 to PCD to allow the existing building to be
utilized as a martial arts studio and a second hand store.
22. ORDINANCE 19,360 - Z -7869 - Approving a Planned Zoning Development
and establishing a Planned Zoning District titled Hood Short -Form PD -R located at
1009 Cross Street, Little Rock, Arkansas; amending the Official Zoning Map of the City
of Little Rock; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff
recommends approval. Synopsis: The applicant is proposing the rezoning of this site
from 0-3 to PD -R to allow the construction of a new single - family home.
23. ORDINANCE 19,361 - Z -7873 - Approving a Planned Zoning Development and
establishing a Planned Zoning District titled Baptist Occupational Therapy Short -
Form PO -D located at 8808 Byron Street, Little Rock, Arkansas; amending the Official
Zoning Map of the City of Little Rock; and for other purposes. Planning Commission:
11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant is proposing
the rezoning of this site from R -2 to POD to allow Baptist Health to utilize this
existing single - family structure as a classroom training facility. No exterior
modifications are being proposed. The applicant is requesting a single - family as
alternative uses for the site.
24. ORDINANCE 19,362 - Z -7877 - Approving a Planned Zoning Development and
establishing a Planned Zoning District titled Accord Long -Form PCD, located on the
southwest corner of Baseline and Sibley Hole Road, Little Rock, Arkansas; amending
the Official Zoning Map of the City of Little Rock; and for other purposes. Planning
Commission: 10 ayes, 0 nays, O absent, I recusal. Staff recommends approval.
Synopsis: The applicant is requesting a rezoning of the site from R -2, Single- family
to PCD to allow a conceptual PCD for the site. As each of the indicated lots secures
a final development plan, the PCD will be reviewed and revised by the Board of
Directors to allow the final development to occur.
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25. ORDINANCE 19,363 - Z -7878 - Approving a Planned Zoning Development and
establishing a Planned Zoning District titled Glenn Abbey Court Short -Form PD -R
located at 1716 Watt Street, Little Rock, Arkansas; amending the Official Zoning Map
of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 2 nays,
O absent. Staff recommends approval. Synopsis: The applicant is proposing the
rezoning of this site from R -2 to PD -R to allow the development of eight (8) units of
attached single- family housing on this 0.93 acre tract.
26. ORDINANCE 19,364 - Z -7879 - Approving a Planned Zoning Development and
establishing a Planned Zoning District titled Boyd Short -Form PD -R located in the 600
Block of Rock Street, Little Rock, Arkansas; amending the Official Zoning Map of the
City of Little Rock; and for other purposes. Planning Commission: 11 ayes, 0 nays.
Staff recommends approval. Synopsis: The applicant is proposing the rezoning of
this site from R -4A and UU to PD -R to allow the creation of a three (3) lot plat and
the development of three (3) new single - family homes on the newly created lots.
31. ORDINANCE 19,367 - Condemning certain structures in the City of Little Rock as
structural, fire and health hazards; providing for summary abatement procedures;
directing the City Attorney to take such action as is necessary to raise and remove said
structures; declaring an emergency, and for other purposes. Staff recommends approval.
Synopsis: Eleven (11) residential structures in dilapidated and /or burned condition
causing a negative environmental impact on the residential neighborhoods in which
they are located.
Director Cazort, seconded by Director Hurst, 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 Cazort, seconded by Director Hurst, 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 (Items 16 -26, 31) were passed. An
emergency clause was passed for Item 31.
27. PUBLIC HEARING & ORDINANCE — Failed - Z -7820 - On an appeal of the
Planning Commission's denial of the rezoning application for property at 615 Bender
Street in the City of Little Rock, Arkansas. Planning Commission: 5 ayes, S nays, 1
absent. Staff recommends denial of the Rezoning Ordinance. Synopsis: The owner of
the undeveloped lot at 615 Bender Street is appealing the Planning Commission's
action in denying the rezoning request from R -4 to C -4.
Director Adcock opened the public hearing and requested that the clerk read Item 27 for
the first time. The Planning Department staff gave a brief presentation on the item.
Present to speak against the item were Betty Findley, Angie Weber, and Edward Weber.
Their issues were that there was not enough room for auto sales. The street is narrow and
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little room to drive by, with ditches on both sides. They felt it was not a proper fit for the
area. The main access is 6th Street only and the main traffic through there is Carver
Magnet Elementary employees going to the Little Rock National Airport and people
going home. On Bender Street and other side streets in the area, there are no finished
curbs or gutters, the ditches are deep, and there is no place for traffic. There were
concerns that cars will park in front of their home, which is residential, and noise that
would accompany the convenience store proposal. Reduction of property values was a
concern. The applicant, Mr. Travis Coleman, entertained questions from the board. Mr.
Coleman stated he had been in business since the 1970's. He stated he came before the
City Planning Board while currently owning an auto repair center and an auto parts
store. The auto parts store was closed. He said he has a big building not being used and
that he came before the Board and asked for a convenience store, which was approved
under the conditions that he take care of the parking. He said he had purchased the
property next door, a dilapidated house that had been vacant for at least ten to twelve
years and was an eyesore to anyone driving down 6th Street. He stated he has over seven
thousand dollars invested in this property and all he was asking for was a parking lot. He
stated the neighbors opposed the convenience store, and did not understand that it would
benefit the community. The parking lot being proposed is to make sure that anyone who
comes down 6th Street will not have to see any cars related to the auto repair business.
People will have no problems getting on and off the lot. He said he planned to put the
cars on the far side, the south side of the business and would not be seen and would not
have any effect on the business at all. Director Hurst asked if the convenience store was
operating now, and is this application just for a parking lot and if so, why would a C -4
zoning be necessary. Mr. Tony Bozynski, Planning Director, answered the question
regarding the convenience store saying that the Planning Commission did approve a
Conditional Use Permit for the front portion of the building that sits on the I -2 property,
which is on the corner of Bender and E. 6th Street, for a convenience store. Staff and
Commission agreed it would provide a needed service to the neighborhood. Staff
believes C -4, which is the heaviest commercial district, does not believe Bender Street,
which is a designated local street is a C -4 location. The application for the C -4 according
to the information submitted by the applicant indicated a parking lot and auto sales and
C -4 is the needed zoning for auto sales. Mr. Bozynski stated that when they undertook
the east of I -30 study several years ago, some plan amendments that came out of that
were to change this area to low density residential. This could have an impact on the
potential development of that. Director Cazort asked what would be the correct zoning
classification for only a parking lot. Mr. Bozynski answered that it would be I -2 or
possibly going through as a Planned Development to place some limitations on it.
Director Cazort asked the applicant, Mr. Coleman if he wanted only the parking lot. Mr.
Coleman said if there are certain stipulations as to the parking lot, then he did not have to
have the sales lot there. He said he has auto sales in North Little Rock. Director Cazort
stated he was not inclined to support the application. He said he agreed with the Planning
Commission that denying it was correct. He thought that staff was correct in that the use
the applicant is proposing and the zoning classification for that area are not right. If this
is turned down, as he understands the ordinances, the applicant would have one year
before he can reapply to do anything else. What he was willing to do at this point for the
applicant is send this back to the Planning Commission to change the zoning
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classification and the use, and see if the Planning Commission can be sold on another
idea. Director Cazort stated he was not willing to support the application as it is.
Director Cazort asked Mr. Coleman if he wanted to pursue a vote tonight on what is
before the Board, or take another shot at something different in front of the Planning
Commission. Mr. Coleman asked if there is a Conditional Use that can come out of this,
that he has an investment in the property. Mr. Carpenter, City Attorney, stated the
applicant could not ask for a rezoning under the same classification. He could ask for a
different rezoning. If the applicant was asking for commercial and was turned down, he
could come back for office, but could not come back for commercial within a year. Mr.
Coleman asked for a vote. The Public Hearing was closed. Director Cazort, seconded by
Director Hurst 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
Cazort, seconded by Director Hurst made the motion to suspend the rules and place the
ordinance on third reading. A roll call vote was recorded as follows: Directors Pugh
and Stewart voted yes. Directors Wyrick, Hurst, Cazort, Hinton, Adcock and Kumpuris
voted no. Mayor Dailey, Vice Mayor Graves, and Director Keck were absent. The
ordinance (Item 27) failed.
28. PUBLIC HEARING & ORDINANCE 19,365 - G -23 -343 — On a petition to
abandon the alley located in Block 4, Weldon E. Wright's Addition, in the City of Little
Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends
approval of the ordinance. Synopsis: The property owners within Block 4, Weldon
E. Wright's Addition request to abandon the alley right -of —way within the block.
The block is bounded by Arch, Gaines, West 21St and West 22 "d Streets.
29. PUBLIC HEARING & ORDINANCE 19,366 - G -23 -344 — On a petition to
abandon portions of Grant Street and "G" Street right -of -ways adjacent to Block 9 and
the west '/2 of Block 10, Lincoln Park Addition, north of "F" Street and west of
University Avenue. Planning Commission: 9 ayes, 0 nays, I absent, I recusal. Staff
recommends approval of the ordinance. Synopsis: J. C. Halsell requests to abandon
portions of Grant Street and "G" Street rights -of -way adjacent to Block 9 and the
west '/2 of Block 10, Lincoln Park Addition, north of "F" Street and west of
University Avenue.
There being no speakers present to speak in opposition of Items 28 and 29; Director
Adcock opened the public hearing. Mr. Stephen Giles stated he was representing the
property owners who have all consented to the abandonment of the alley right -of -way
between Arch and Gains Street and 21" and 22nd Streets. Director Adcock closed the
public hearing and requested that the clerk read both items the first time. The items (28
and 29) were read the first time.
Director Cazort, seconded by Director Hurst made the 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 Cazort, seconded by Director Hurst made the motion to
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suspend the rules and place the ordinances on third reading. By unanimous voice vote of
the Board members present, being two - thirds in number, the rules were suspended and
the ordinance was read the third time. By unanimous voice vote of the Board members
present, being two thirds in number, the ordinances (Items 28 -29) were passed.
30. PUBLIC HEARING & ORDINANCE — Failed - Z- 3969 -B — On the appeal of the
Planning Commission's decision to deny Planned Zoning Development and establishing
a Planned Office District titled Capitol Place Short -Form PD -O, located at 7919 West
5 t Street in the City of Little Rock, Arkansas. Planning Commission: 3 ayes, 6 nays, 2
absent. Staff recommends denial of the requested PD-0 zoning. Synopsis: The
applicant is appealing the Planning Commission's recommendation of denial of the
proposed re- zoning of this site from R -2 to PD -O to allow the conversion of an
existing single - family structure as an office use for a real estate office.
Director Adcock opened the public hearing and requested that the clerk read Item 30 for
the first time. The ordinance was read the first time. The Planning Department staff gave
a brief presentation on the item. Kathleen Oleson and Nell Matthews Mock spoke in
opposition. Their issues were that this is a residential neighborhood, and even though
the property may be in some decline, when you start rezoning residential areas into
something other than the residential use, you begin to slide down a slippery slope. The
homes are small homes on very nice size lots and many are well taken care of. It will
become more traveled with the development of a real estate office and lose some of its
character. Mr. Bryan Tindall, representing the applicant, stated if you look at the
property in person, it is in really bad condition. The one story frame home and shop is
full of trash and garbage, and there are three sheds that are run down. The lot has not
been mowed or kept, and a lot of construction material is stacked on the site. He stated
his client wished to clean it up, take down the garage and all the metal sheds. The house
would not take on the appearance of anything other than another house in the area. They
would not have street parking; it would be behind the building. There would be a
maximum of five people in the place during the day; hours of operation would be 8 am to
5 pm. He stated his client spends about 95% of his time in his car rather than in the
office, so there would probably be one or two people to answer the phone. He stated he
did not believe his client would generate any more traffic. He stated it is not the intent of
his client to put something in that will cause problems or generate a lot of traffic. The
applicant entertained questions from the board, which included how long the property has
been owned by the individual. Mr. Tindall answered that his client did not own the
property, but depending on what happens here, the purchase would go through and they
would clean the area up. The Public Hearing was closed. Director Cazort, seconded by
Director Hurst 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
Cazort, seconded by Director Hurst made the motion to suspend the rules and place the
ordinance on third reading. A roll call vote was recorded as follows: Directors: Pugh
no, Wyrick no, Stewart, no, Hurst, no, Cazort, no, Hinton, no, Adcock, no, Kumpuris,
no. Mayor Daily, Vice Mayor Graves and Director Keck were absent. The ordinance
failed.
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SEPARATE ITEMS (31 - 38)
31. ORDINANCE 19,367 - Condemning certain structures in the City of Little Rock as
structural, fire and health hazards; providing for summary abatement procedures;
directing the City Attorney to take such action as is necessary to raise and remove said
structures; declaring an emergence; and for other purposes. Staff recommends approval.
Synopsis: Eleven (11) residential structures in dilapidated and /or burned condition
causing a negative environmental impact on the residential neighborhoods in which
they are located.
32. ORDINANCE 1.9,368 - To permit the Sanitary Sewer Committee to carry out
condemnations on behalf of the City of Little Rock for purposes of obtaining properties
for the use and benefit of the Committee, to declare an emergency, and for other
purposes. The ordinance was read the first time. Director Hurst, 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 Hurst,
seconded by Director Cazort made the motion to suspend the rules and place the
ordinance on third and final reading. By unanimous voice vote of the Board members
present, 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 and emergency clause was passed. Director Wyrick asked where the locations
were for the condemnation proceedings. Mr. Carpenter, City Attorney, answered that
The Sanitary Sewer Committee was not asking for specific condemnation authorities
right now on specific properties. The way the statute is written, the municipality is the
only entity that can actually condemn property and what this has done is set up a situation
to where the Board always reserves the right to condemn property. However, if it is less
than three acres, needing some right of way for the placement of a line or something to
that nature, rather than have a Board resolution for each condemnation, it can be handled
administratively by the City Manager. Above three acres the City Manager would make
sure it was brought to the Boards attention to see if they wished to take it up in a public
session or not. It reserves the right to take up any condemnation at any time it wishes.
This is basically to maintain the status quo. It was presented to the Sanitary Sewer
Committee at its last Wednesday's meeting, and they endorsed it unanimously. Director
Wyrick changed her vote to no on the ordinance and the emergency clause. Mr.
Carpenter stated the emergency clause fails with the change of vote. Director Hurst
asked what happens if the emergency clause is not passed. Mr. Carpenter advised that it
would go into effect in thirty days. The ordinance passed with a vote of 7 ayes, 1 nay.
The emergency clause failed with a vote of 7 ayes, 1 nay. Mayor Dailey, Vice Mayor
Graves and Director Keck were absent.
33. ORDINANCE - Deferred to Aug 16th - S -1484 — Granting a variance from various
lot development standards of Chapter 31 of the Code of Ordinances of the City of Little
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Rock, Arkansas; providing for a variance to allow double frontage lots for the Kanis
Village Subdivision — preliminary plat located south of Kanis Road, just east of
Michael Drive. Planning Commission: 9 ayes, 1 nay, and I absent. Staff recommends
approval. Synopsis: The applicant is proposing the subdivision of a 92.29 acre tract
into 271 single - family lots and six (6) additional tracts. The applicant is requesting a
variance from the subdivision ordinance to allow tracts D, E, and F to be developed
as double- frontage lots.
The ordinance was read the first time. Tim Humphries spoke in opposition, saying it
will raise the traffic count on Dorchester, which makes it unsafe for the children in the
neighborhood, the street is very short and currently low traffic, and that Dorchester is not
set up to handle this kind of traffic. The two neighborhood's identity and flavor should
be maintained, and the best way to do that is not build Dorchester on through. He stated
he was not opposed to the development in general. Bill Tedder, spoke not in opposition
to the Kanis Village Subdivision, but to the extension of Dorchester Drive up though
Kanis Village which would come out onto Kanis Road. He stated the street is twenty -six
feet wide, curb to curb, the street is actually twenty -two and a half feet wide inside the
curb. Concerns include: safety in the neighborhood, additional traffic, creating crime,
liter, and property values due to increased traffic. His thoughts were that the increased
traffic would cause heavy cut - through in Boyle Park. He said not a single person he
talked to was aware of Dorchester being increased, and the people who live on
Dorchester should have been informed so discussions could have taken place. Mr.
Tedder stated he had been told numerous times that the Master Street Plan has been in
effect for twenty years for Dorchester, and submitted that just because the Master Street
Plan is there, does not always mean it has to be done. He used the example that Rodney
Parham from Green Mountain Drive to Pleasant Forest Drive was approved, money was
paid, part of it set aside to the right -of -way, streets, gutters were put in, gutters,
sidewalks, and curbs were put in. The citizens of Pleasant Valley did not want that
because it was going to disturb their way of life. This same Board voted not to do it, and
the money was to be taken and used on Scott Hamilton from Interstate 30 to Baseline
Road. It was not used there. Director Stewart asked what Mr. Tedder's solution to the
traffic problem would be. Mr. Tedder responded that Dorchester could be made a one
way, post both sides for emergency services, and/ or a gate could be installed there. He
said he wanted to prevent cut - through traffic. He suggested if this application was not
approved tonight, would the Board give them more time to discuss the issues in order to
think of ideas such as what he is suggesting, before the road is put there. Mr. Ken
Oberste stated he personally had no connection with Dorchester, but his fear is that what
ever traffic goes down that street will go through the park. There is no other reason why
anybody would come south in that direction that would not go through the park. He
stated that ninety -nine percent of the traffic that goes through Dorchester will go though
the park. If the five thousand cars that someone has estimated is correct, on top of the
tremendous amount of traffic that goes through there now, the neighbors have nick
named it Wilbur Mills South. There is a playground on both sides of the street, there is
no posted speed limit, and people go through there at fifty miles per hour. He said he is
in the park every other day and the traffic is unbelievably fast. Garbage is dumped in the
park, and he said he picks up two or three trash bags full, every time he goes through
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there. Director Cazort asked staff if any studies have been done as to traffic routing, etc.
Mr. Steve Harrelson, Public Works Director, stated if you are on Kanis, it was hard to
see why you would take the route through Dorchester rather than going down Barrow
Road or over to 12th Street. If you are on 36th Street which this ultimately ties to, it
would be a much more lengthy route to cut through, than to go to Barrow Road. The cut
through did not appear to be that big of an issue for staff. He stated he did not think the
traffic volume was projected. Director Cazort stated he thought these citizens have some
valid concerns, at least on the surface, that some of the solutions seem logical in a way,
concerning the dealings with creating cut through traffic and wanted to make sure all
avenues have been explored. Mr. Bruce Moore, City Manager stated tonight was the first
time he had heard that the neighbors had options to explore, and if the Board would agree
to give staff some opportunity to meet with neighborhood and developer, to allow a look
at the various options and to come back with a recommendation in two weeks. Director
Cazort stated that is where he was headed, and thought the item should be held on first
reading tonight. Director Stewart seconded the motion. Director Kumpuris asked if the
developer was present. Dan Byronic with McClelland Engineers stated he was
representing the applicant, and stated that Dorchester is a collector street and it has been
shown on the Master Street Plan. He stated they have meet with staff on two occasions
going back through the Subdivision Committee Meetings and the Planning Commission
Meetings to address this concern. He stated they put Dorchester off until Phase IV and it
is further down the road. He said Mr. Tedder and Mr. Humphries have made some valid
points. The new street will bring sidewalks and allow flow for this neighborhood and
neighborhoods to the west, to come down and tie in. He asked the Board to consider the
possibility of starting the project and trying to get some momentum going. Phase IV is
somewhere down the road. He asked if it was possible to get a conditional approval on
everything except Phase IV. He said they would like to at least get started on Phase I.
Mr. Carpenter stated he thought that was the kind of thing that would have to go back to
the Planning Commission. It is basically changing the nature of the issue before the
Board. Director Stewart requested a traffic count at Dorchester and Kanis and 36th Street
going out to Boyle Park. Director Adcock requested that the neighborhood Associations
be notified so that discussion could take place. By unanimous voice vote of the Board
members present the motion to defer the item to August 16, 2005 was approved.
34. ORDINANCE 19,369 - Z- 7815 -A - Approving a Planned Zoning Development and
establishing a Planned Zoning District titled Dunn Short -Form PD -R located at 1406 S.
Battery, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little
Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff
recommends approval. Synopsis: The applicant is proposing to rezone the site to
allow an existing residence to add a residential unit upstairs to serve as a caretaker
residence. Each unit will have separate utility meters.
The ordinance was read the first time. Director Hurst made a motion, seconded by
Director Cazort to suspend the rules and place the ordinance on second reading. By
unanimous voice vote of the Board members present, being two - thirds in number, the
rules were suspended and the ordinance was read the second time. A motion was made
by Director Hurst, seconded by Director Cazort, to suspend the rules and place the
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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 was
passed.
35. ORDINANCE - Deferred to Aug 16th - Z -7875 - Approving a Planned Zoning
Development and establishing a Planned Zoning District titled Taylor Park Subdivision
Long -Form PO -D, located south of Kanis Road, east of Asbury Road, Little Rock,
Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other
purposes. Planning Commission: 7 ayes, 3 nays, 1 absent. Staff recommends approval.
Synopsis: The applicant is proposing the rezoning of this site from R -2 to POD to
allow the development of this 22.9 acre site with a mixture of office and residential
uses. The applicant is also requesting a deferral of the required street
improvements to Kanis Road.
36. ORDINANCE - Deferred to Aug 16th - Amending Chapter 30 of the Code of
Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master
Street Plan construction requirements for Kanis Road; and for other purposes.
Planning Commission: 7 ayes, 3 nays, I absent, 1 abstaining. Staff recommends
approval. Synopsis: Authorizes a five (5) year deferral for a portion of street
improvements required under the Master Street Plan for Taylor Park preliminary
plat on Kanis Road.
37. ORDINANCE 19,370 - Z -7876 - Approving a Planned Zoning Development and
establishing a Planned Zoning District titled Parrot Bay Pools Short -Form PD -C,
located on the southwest corner of Sibley Hole Road and I -430, Little Rock, Arkansas;
amending the Official Zoning Map of the City of Little Rock; and for other purposes.
Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The
applicant is proposing the rezoning of this site from R -2 to PD -C to allow the site to
be utilized as an outdoor display area for swimming pools. The applicant is also
requesting a waiver of the required street improvements to Sibley Hole Road
associated with the current rezoning request.
38. ORDINANCE 19,371 - 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 Sibley Hole Road; and for other purposes. Planning
Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: Authorizes a
waiver of street improvements required under the Master Street Plan for Parrott
Bay Pools on Sibley Hole Road.
Director Adcock noted that there were no speaker cards turned in from citizens to speak
on Items 37 and 38. Director Cazort stated that these items were held separate at his
request because of the inclusion of a waiver as opposed to a deferral. He stated he went
out to look at this and stated when he turned onto the street there was a sign that said
"private road ". There was no markings of any kind that any property was being
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considered for potential planned development, and asked if Sibley Hole Road was ever
anticipated to go further south of the nursery. Mr. Bozynski, Planning Director stated
no. He said he knew this was unique that this is essentially a dead end street, but
someone in the middle of the road is asking for a waiver of improvements and in order
for the Board to be consistent was not convinced that was what he wanted to do. Director
Adcock asked why this was being considered for a waiver and not a deferral. Mr.
Harrelson, Planning Director, stated he asked staff what was being waived, and if it had
not been waived what would have been built. Their answer was nothing. It is a small
rural section, the lanes are wide enough, and it was called a waiver because staff did not
ask for a deferral. He stated he thought if it was a waiver, it's the least waiver that has
happened in along time. He stated he could not see that staff would ask that anything be
built there. Pat McGetrick representing the applicant for this project stating that they
have been discussing the fact that this runs into a creek at the end of it and have
approximately a hundred feet of their property that abuts this street. He said the
driveways come out in that hundred feet and you would be looking at improvements to
seventy feet of roadway. He said they would work with the Board in any way they direct,
but in talking with staff they felt this was such a small piece of development that in the
long run, would probably not be developed. Therefore they asked for a waiver. Director
Adcock asked if they would accept a deferral as opposed to a waiver. Mr. McGetrick
stated they would accept a deferral. Director Cazort made a motion to change the
language from a waiver to a deferral. The motion was seconded by Director Hinton, and
by unanimous voice vote of the Board members present, the ordinance (Item 38) was
amended. The ordinance was read the first time. A motion was made by Director
Cazort, seconded by Directory 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. A motion was made by Director Cazort, 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
ordinances were read the third time. By unanimous voice vote of the board members
present being two - thirds in number, the ordinances passed.
Director Wyrick read a proclamation which read: Know ye all people by these presences.
Greetings. Whereas the National Association of Town Watch is sponsoring a unique
nationwide crime drug and violence prevention program on August 2° 2005 entitled
"National Night Out ". And whereas, the twenty- second annual National Night-Out
provides a unique opportunity for Little Rock to join forces with thousands of other
communities across the county in promotion cooperative police community crime
prevention efforts and whereas, Little Rock's Neighborhood Associations play a vital role
in assisting the Little Rock Police Department though joint crime drug and violence
prevention efforts and are supporting National Night Out locally, and whereas it is
essential that all citizens of Little Rock be aware of the importance of Crime Prevention
programs and impact that their participation can have on reducing crime drugs and
violence in Little Rock, and whereas, police community partnerships and neighborhood
safety awareness and cooperation are important themes of the National Night Out
Program, and now therefore, I Jim Dailey Mayor of the City of Little Rock do herby
proclaim August 2, 2005, as National Night Out in the City of Little Rock All citizens
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are urged to participate in the numerous activities planned for that evening through out
our City. Jim Dailey.
Director Wyrick presented the proclamation to Andre Bernard, Director of Housing and
Neighborhood Programs, of the City of Little Rock. Director Wyrick stated there are
eighteen sights that are going to celebrate National Night Out. She stated that she was
reading them because the facilitators, crime watch, and neighborhood associations have
worked very hard in bringing together money, resources, time and effort. She announced
that the events would be held from 6pm to 8 pm in most of the areas. The locations
were: Campus Place Association, Capitol View Stift Station, Central High School
National Historic Site, Downtown Neighborhood Association, East Little Rock
Neighborhood Association, East of Broadway Alert Center, Hinton Neighborhood
Resource Center, John Barrow Neighborhood Association, Mann Road, Oak Forest Alert
Center, Oak Forest Movers and Shakers Crime Watch, 65th Street Alert Center, South
End Alert Center, Twin Lakes B, Homeowners Association, Upper Baseline Alert
Center, Valley Drive Alert Center, Westwood Association (will close at 8:30 pm), Wright
Avenue. Mr. Bernard stated on behalf of staff, that they, the Department of Housing and
Neighborhood Programs, Police Department and Fire Department, appreciate the Boards
support as they get out and engage with the citizens during this night every year to help
prevent crime in the neighborhoods, and thanked everyone for all the resources they
provide.
Director Kumpuris stated the Board had received a copy of a letter regarding a public
hearing on August 23`d regarding the water rates for the years 2006, 2007 and 2008. He
requested that Mr. Jim Harvey made a presentation to brief the Board and citizens so that
questions could be asked during this time. He also asked for an update on the Pleasant
Ridge Development from staff and the City Attorney.
A motion was made by Director Cazort, seconded by Director Kumpuris to adjourn. By
unanimous voice vote of the Board members present the meeting was adjourned at 7:50
PM.
ATTEST:
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City Clerk
15
APPROVED:
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