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HomeMy WebLinkAbout06-06-06Little Rock Board of Directors Meeting — Minutes — June 6, 2006 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham June 6, 2006 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in a regular session with Mayor Dailey presiding. Nancy Wood, City Clerk, called the roll with the following directors present: Pugh, Keck, Stewart, Hurst, Hinton, Adcock, Kumpuris, Vice Mayor Graves, and Mayor Dailey. Directors Wyrick and Cazort enrolled at 6:05 PM. Director Adcock gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. ADDITIONS: Notation: Please add Hall High School to the list of schools to be recognized for their Youth Diversity Council at tonight's presentation (June 6, 2006) Poultry Federation Proclamation (June 6, 2006) DEFERRALS: 32. ORDINANCE - Deferred to June 20, 2006 - Z -8032 — Approving a Planned Zoning Development and establishing a Planned Industrial District titled Freeze Short -Form PD -I located at 1112 Jones Street, 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 recusal. Staff recommends denial. Synopsis: The applicant is proposing the rezoning of this site from R -4 to PD -I to allow the construction of a warehouse building. 34. ORDINANCE To authorize the transfer of land below the South Parking Deck to Metrocentre Improvement District No. 1. Staff recommends approval. Director Keck made the motion, seconded by Director Hurst, to accept the modifications to the consent agenda. By unanimous voice vote of the Board members present the modifications were approved. PRESENTATIONS: River Market's 10th Anniversary- Little Rock Convention and Visitors Bureau (June 6, 2006) Youth Diversity Councils - Mount St. Mary Academy, North Pulaski High School, Pulaski Academy, Little Rock Central High School, W. D. Mills High School, Hall High School, and North Little Rock High School (West Campus) (June 6, 2006). 1 Little Rock Board of Directors Meeting — Minutes June 6, 2006 Daniel O'Byme, CEO LR Convention and Visitors Bureau, gave a brief summary on the recent events occurring around Curran Hall. In an effort to increase Curran Hall's visibility and usage, and to cut down on operating costs, the Advertising and Promotion Commission is considering a lease agreement, for up to three years, to the Clinton School of Public Service to be used to accommodate some of their needs as they develop and expand. Curran Hall will still operate in its present form and a visitor information kiosk will be added. The Advertising and Promotions Commission thinks that this is a great opportunity for Curran Hall and the City of Little Rock. Director Kumpuris made comments as to how this decision was derived. Director Cazort asked that the Board of Directors be presented with a budget for Curran Hall and a copy of the proposed lease agreement. Director Adcock stated what her problems were with the transactions that have transpired surrounding Curran Hall. She sited that the group that rallied to save Curran Hall and the Board of Directors had been left out of the process, and that the newspaper had reported that students would be lounging around a building on which the City has spent a great deal of money. She also stated that the deal has been handled incorrectly. Director Wyrick asked about the use of the building. Mr. O'Byrne and Skip Rutherford responded that the building would be maintained as it is now. They added that there would be no changes to the building and it would still remain open for business a usual. The ownership of the building remains with the City of Little Rock, the current Boards remain intact, and their job duties would remain the same. Director Wyrick also asked about the rumor regarding donors wanting their money back. Mr.. O'Byrne, Mr. Rutherford, and Director Kumpuris responded that there had been no requests at this time. The Mayor requested that the Consent agenda be read. CONSENT AGENDA (Items 1 -17) 1. MOTION - To approve minutes of the regular Board of Directors Meeting: May 2, 2006. 2. MOTION - Z -8006 - To set the date of hearing for June 20, 2006, on an appeal of the Planning Commission's decision of denial of a Planned Development Office located at 100 Santa Fe Trail. Planning Commission: 0 ayes, 10 nays, I absent. Staff recommends denial. 3. MOTION - LU- 06 -02 -01 - To set the date of hearing for June 20, 2006, on an appeal of the Planning Commission's decision of denial of a Land Use Plan Amendment at 100 Santa Fe Trail. Planning Commission: 0 ayes, 10 nays, I absent. Staff recommends denial. 4. MOTION - Z -8021 — To set the date of public hearing for June 20, 2006, to appeal the Planning Commission's denial of a Conditional Use Permit for conversion of an existing building located at 3215 Brown Street for use as a correctional facility. Planning Commission: S ayes, 4 nays, 2 absent. Staff recommends approval with conditions. 2 Little Rock Board of Directors Meeting — Minutes — June 6, 2006 5. RESOLUTION 12,281 - To authorize the City Manager to execute an agreement with Garver Engineers for engineering services for the Napa Valley Project. (Hinson Road to St. Charles Boulevard). Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with Garver Engineers for engineering services for the Napa Valley project located at Hinson Road to St. Charles Boulevard. 6. RESOLUTION 12,282 - Authorizing the City Manager to enter into a contract with Turn - Key Mobile, Inc. in the amount of $285,225.86 for the purchase of forty -four (44) laptop computers, mounting accessories and installation. (Part 2 of 3). Staff recommends approval. Synopsis: The Little Rock Fire Department (LRFD) is committed to improving response capabilities and the service that is provided to the citizens of Little Rock. In order to accomplish the goal, the LRFD must incorporate new and proven technologies to their response system. After careful consideration, the LRFD has chosen a technologically advanced system that will accomplish the following: A voiceless /visual image dispatch display; a GIS Routing and Mapping Display Software System with functionality and capacity required for the LRFD environment, and an automatic Vehicle Location (AVL) capability. 7. RESOLUTION 12,283 - Authorizing the City Manager to enter into a contract with GeoComm, Inc. in the amount of $57,925.87 for the purchase of mobile dispatch and mapping software for the Little Rock Fire Department. (Part 3 of 3) Staff recommends approval. Synopsis: The Little Rock Fire Department (LRFD) is committed to improving response capabilities and the service that is provided to the citizens of Little Rock. In order to accomplish the goal, the LRFD must incorporate new and proven technologies to their response system. After careful consideration, the LRFD has chosen a technologically advanced system that will accomplish the following: A voiceless /visual image dispatch display; a GIS Routing and Mapping Display Software System with functionality and capacity required for the LRFD environment, and an automatic Vehicle Location (AVL) capability. 8. RESOLUTION 12,284 - To authorize local government endorsement of Boyd Metals, to participate in the Advantage Arkansas Program; and for other purposes. Staff recommends approval. Synopsis: Authorizes Boyd Metals to receive sales tax rebates and corporate income tax credits in conjunction with a new building, equipment and additional personnel required for this facility. 9. RESOLUTION 12,285 - Authorizing the City Manager to enter into a contract with Federal Coach for the purchase of one (1) ADA Accessible Bus, in the purchase amount of $55,791.00. Staff recommends approval. Synopsis: This bus will be utilized to assist disabled citizens and will be utilized by several programs in the Parks and Recreation Department. 3 Little Rock Board of Directors Meeting — Minutes — June 6, 2006 10. RESOLUTION 12,286 - Authorizing the City Manager to enter into a contract with Construction Management and Maintenance Company, Inc. for signal installation improvements at Stagecoach Road and Interstate 430, North and South Bound Ramps Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Construction Management and Maintenance Company. Bid No. 06 -232. 11. RESOLUTION 12,287 - Authorizing the City Manager to enter into a contract with Construction Management and Maintenance Company, Inc. for intersection improvements for Chenal Parkway at Wellington Hills Road. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Construction Management and Maintenance Company, Inc. for intersection improvements to Chenal Parkway at Wellington Hills Road. Bid No. 06 -225. 12. RESOLUTION 12,288 - Authorizing the City Manager to enter into a contract with AMR Construction, LLC for Capitol Avenue Streetscape (Main Street to Center Street) Construction Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with AMR Construction, LLC for improvements to the Capitol Avenue Streetscape (East Main Street to West Center Street) Bid No. 06 -235. 13. RESOLUTION 12,289 - Authorizes the City Manager to execute an agreement with All Service, Inc. for signal installation improvements to Mississippi and "H" Streets. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with All Service, Inc. for signal installation improvements at Mississippi and "H" Streets. Bid No. 06 -233. 14. RESOLUTION 12,290 - Authorizes the City Manager to execute an agreement with Lasiter Construction Inc. for construction of Swaggerty Branch Drainage Improvements. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizes the City Manager to execute an agreement with Lasiter Construction Inc. for construction of Swaggerty Branch Drainage Improvements. Bid No. 06 -223. 15. RESOLUTION 12,291 - To authorize the submission of a petition from the Board of Directors to the Alcoholic Beverage Control Administration Director and Board in opposition of Bryan Keith Stewart for a private club at 300 South University, FO1, Little Rock; and for other purposes. 16. RESOLUTION 12,292 - To approve 2005 HOME Program grant funds balance. Synopsis: The projects recommended for funding are Anthony & Dorothy Broadway ($60,000), P.E. Investments, Inc ($60,000), and Michael Smith and Associates ($60,000). 17. RESOLUTION 12,293 - Amendment of Resolution 12,230 passed on March 7, 2006 (May 30, 2006), Correcting the legal description. M Little Rock Board of Directors Meeting — Minutes — June 6, 2006 A motion was made by Director Adcock, seconded by Director Hinton, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted (Items 1 -17). CITIZENS COMMUNICATIONS Speakers: Gene Pfeifer Topic: The Sewer Commission voted to dump 400,000 lbs of solid waste into the Arkansas River. The Commission was not open to accepting alternate plans to discard of this waste because of financial reasons that would cost more than the minimal standards. He appealed to the Boards to vote against this decision when it came before the Board. Speakers: Glen Schwartz Topic: Appealed to the Board of Directors to decriminalize marijuana crimes to allow for more space in the jails as opposed to building bigger and more jails. There need to be more resources focused on more violent crimes. Speakers: Sarah L. Facen, Martin Luther King Neighborhood Association Executive Board Topic: She stated that she appreciated Bryan Day and Vice Mayor Graves for assisting with installing new officers to their Board. She stated that there is now a need for help involving the transfer and security of appropriate documents from the old board to the new board and asked that Mr. Moore intervene with this transfer. The Mayor recognized Ms. Viola F. Belton to speak in regard to Item 21. Ms. Belton asked what exactly was the Board voting on at the present meeting. Tony Bozynski stated that the issue regarding Labette Drive being closed was separate from Item 21. There is a 30 day appeal process on the street closure that is still open until June 11, 2006. PUBLIC HEARING Mayor Dailey opened the public hearing at 7:15 PM. Director Adcock requested that the Board receive a presentation on the action. Jane Dickey, Rose Law Firm, representing Ring Containers Technologies, Inc. and its affiliate Ringwood Containers, LLC, gave a presentation regarding the transaction for the bonds that would be sold in the amount of $15,750,000 to build a manufacturing center. Ms. Dickey asked Mr. Wayne Drake to come before the Board to tell them about the project. He stated that today was historically the first day that a truck load of containers went three (3) blocks to the Skippy Plant to be filled with peanut butter. Locally produced peanut butter has been sold in locally manufactured containers for several years. The project is on time and within the budget. The facility is more than 84,000 square feet and raw materials will be shipped in by local rail. 5 Little Rock Board of Directors Meeting Minutes — June 6, 2006 The Mayor closed the public hearing on this item at 7:20 PM and requested that it be read with the rest of the grouped items 18 -27. Director Keck asked that Item 31, if there were speakers present in opposition, be added to the grouped items. There were no questions from Board Members and the item was added to the grouped items. 18. PUBLIC HEARING & ORDINANCE 19,536 - Authorizing the issuance of Industrial Development Revenue Bonds to Ringwood Containers, LLC., under the municipalities and counties Industrial Development Revenue Bond Law for the purpose of securing and developing industry (the particular industrial project is described in the ordinance); authorizing the sale of the bonds and the approval of bond purchase agreements and payments in lieu of taxes agreement in connection therewith; authorizing the execution and delivery of trust indentures securing the bonds; authorizing and prescribing certain matters pertaining to the industrial project, the acquisition, construction, and equipping thereof, and the financing thereof, authorizing the execution and delivery of lease agreements relating to the project; prescribing other matters relating thereto; and declaring an emergency. Staff recommends approval. GROUPED ITEMS (Items 19 -27) 19. ORDINANCE 19,537 - Authorizing the City Manager to enter into a sole source contract with Motorola, Inc., in the amount of $127,881.69 for the purchase of forty -four (44) Motorola HPD Modems and accessories. (Part 1 of 3). Staff recommends approval. Synopsis: The Little Rock Fire Department (LRFD) is committed to improving response capabilities and the service that is provided to the citizens of Little Rock. In order to accomplish this goal the LRFD must incorporate new and proven technologies to their response system. After careful research and consideration a technologically advanced system was chosen that will provide the following: a voiceless /visual image dispatch display; a GIS Routing and Mapping Display Software System with functionality and capacity required for the LRFD environment, and an automatic Vehicle Location (AVL) capability. 20. ORDINANCE 19,538 - Z- 4343 -5 - Approving a Planned Zoning Development and establishing a Planned Commercial District titled The Ranch Tract F Revised PCD, located north of Ranch Drive, west of Chenoceau Boulevard, Little Rock, Arkansas, amending the official zoning map of the City of Little Rock; amending Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow the development of lots without public street frontages for the Ranch Tract F, Revised Preliminary Plat; and for other purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The developer is proposing a revision to the previously approved PCD to allow the creation of five (5) lots to be utilized in future office and commercial development, and requesting a variance from the Subdivision Ordinance to allow the development of lots without public street frontage. Con Little Rock Board of Directors Meeting— Minutes — June 6, 2006 21. ORDINANCE 19,539 - Z- 6453 -B - Approving a Planned Zoning Development and establishing a Planned Residential District titled Value Health Short-Form PD -R, located on the southwest corner of Labette Drive and John Barrow 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 this site from MF -18 to PD -R to allow this 6.27 -acre site to be developed as a two- hundred and twenty (220) unit senior citizen adult living facility. 22. ORDINANCE 19,540 - Z -8007 - Approving a planned zoning development and establishing a planned officer district titled Dr. Hampton Short -Form POD, located at 1109 — 1111 Welch Street, 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 property located at 1109 and 1111 Welch Street is proposed for a rezoning to allow two (2) existing lots to be used as a Hospitality House /Events Center and Bed and Breakfast. 23. ORDINANCE 19,541 - Z -8035 - Approving a Planned Zoning Development and establishing a Planned Residential District titled Madison Park Short-Form PD -R, located on the southwest corner of Taylor Loop Road and Montgomery 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, I absent. Staff recommends approval. Synopsis: The applicant is proposing a rezoning of the site from R -2 to PD -R to allow the development of eleven (11) units of attached single - family housing. 24. ORDINANCE 19,542 - Z -8036 - Approving a Planned Zoning Development and establishing a Planned Office District titled McKellips Short -Form PD -O, located at 16000 Cantrell Road, Little Rock, Arkansas, amending the official zoning map of the City of Little Rock; and for other purposes. Planning Commission 8 ayes, 0 nays, I absent and 1 recusal. Staff recommends approval. Synopsis: The applicant is proposing a rezoning from R -2 to PD -O to allow the redevelopment of the site as an office use. 25. ORDINANCE 19,543 - Z -8038 - Approving a Planned Zoning Development and establishing a Planned Residential District titled Herring Short -Form PD -R, located on the northwest corner of east 24th Street and Scott Street, 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 the rezoning of this site from R -4 and R -5 to PD -R to allow the creation of a four (4) lot plat. 7 Little Rock Board of Directors Meeting — Minutes — June 6, 2006 26. ORDINANCE 19,544 - S- 867- IIIIIIII — Granting a variance from Various Lot Development Standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow the development of a lot without public street frontage for the Chenal Valley Tract B, Revised Preliminary Plat, located on the southwest corner of LaGrande Drive and Chenal Parkway. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing a subdivision of this 9.91 acre tract into four (4) office zoned lots. The proposed subdivision will require a variance from the Subdivision Ordinance to allow the development of a lot without public street frontage. 27. ORDINANCE 19,545 - S- 1397 -D — 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 a reduced platted building line and a variance to allow a reduced lot depth, for the Stonecreek Subdivision Preliminary Plat, located on the westward extension of Glen Valley Drive, west of the existing Stonecreek Subdivision. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is proposing a revision to the previously approved preliminary plat to allow the subdivision of 10.97 acres into forty -two (42) residential lots which includes several variance requests. 31. ORDINANCE 19,547 - Z- 6019 -C — Ordinance repealing Ordinance No. 18,207, revoking a Planned Office District titled GMAC Long -Form POD Revocation, located on the southwest corner of LaGrande Drive and Chenal Valley, 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: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant submitted a request dated January 9, 2006, requesting the current POD zoning classification be revoked and the previously held 0-2 and R -2 zoning be restored. The grouped items were read the first time. Director Adcock, seconded by Director Cazort, 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 Keck, seconded by Director Adcock, made a motion to suspend the rules and place the ordinances on third and final 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, Items 18 — 27 and 31 were adopted. An emergency clause was adopted for Item 18. SEPARATE ITEMS (Items: 28 -36) The Mayor recognized Kathleen Olsen, League of Women Voters of Pulaski County, to speak in opposition of Item 28. In the late 1980's this application was hard fought and over a period of 15 years the application has changed and there is no longer a Harvest Foods on the property. She proposed that no changes be made that would take away from the parking, i.e. the out building. She also asked that the signage as proposed be eliminated; sighting that it would not be aesthetically pleasing to those riding along Highway 10 /Cantrell Road. Tony Bozynski, Planning Director, stated that the original monument sign that the applicant requested is no N. Little Rock Board of Directors Meeting — Minutes — June 6, 2006 longer being requested. Director Wyrick asked about landscaping and Mr. Bozynski stated that upon approval of the application there would be landscaping added to the building. Director Hurst asked about signage on three sides in regard to the Overlay district and the original objections to the project. Director Cazort spoke to the history of the development site and stated that it was an aesthetic issue affecting those who lived behind the building. He asked for reassurance that the new building would be the same height as the old building. Director Adcock asked about the parking on the site. The ordinance was read the first time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on third and final 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 voice vote of the Board members present, being two - thirds in number, Item 28 was adopted. Director Adcock voted no. 28. ORDINANCE 19,546 - Z- 5139 -D - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Harvest Foods Revised Long Form PCD, located on the southwest corner of Cantrell Road and Taylor Loop Road, Little Rock, Arkansas, amending Ordinance No. 18,398 and the official zoning map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 1 nay, 0 absent. Staff recommends approval. Synopsis: The proposal includes a revision to the previously approved PCD to allow the addition of a second building on the site. Director Keck asked if anything had changed since Items 29 and 30 were initially presented to the Board of Directors in February that would cause staff to change its' recommendation. Bruce Moore, City Manager, answered that staff recommendation remained the same. Because of the overwhelming number of cards to speak on this issue, the Mayor gave twenty (20) minutes per side to discuss these items. Steven Giles, representing the applicant, came before the Board to make a presentation on the applicant's request. The applicant had intended to set hours of operation for building. The restaurant has already opened and operated past 8:00 PM and that was the first time that the misunderstanding was sited. The applicant did not intend for this to be the hours of operation for the front building of the development. The request in the new application reflects closing as follows: mini - warehouse closes at 8 PM; front building other than the restaurant closes at 9 PM; restaurant closes at 11 PM on Monday through Thursday, 12 AM on Friday and Saturday, and 10 PM on Sunday. 0 Little Rock Board of Directors Meeting — Minutes — June 6, 2006 The request for uses is to add two (2) conditional 0-3 uses to the currently permitted 0-3 uses in the building. The applicant wishes to operate as an office showroom warehouse to show products where developers and contractors could come into the office to view and order said products. 60% of the building would be for this use. Other uses include dental and medical office supplies, natural stone and wood products, and bathroom and kitchen supplies. The commitment is to allow no retail sales; only order, catalog or drop ship. The suites are 1400 square feet and only the back 1/3 of each suite would be used for storage of items to be displayed. All deliveries would be made to the back of the building. There would be no intense commercial use; traffic would be light and intensity less than that of the permitted 0-3 uses. The application is not a request for rezoning, but that of conditional uses. Director Cazort stated that the question was not regarding the intensity of use, but as to whether the use was commercial or not. Mr. Giles responded that office use was also commercial because a service was paid for, even though one does not walk out of the building with anything. Mr. Pete Hornibrook, applicant, stated that in this compromise he gave up his 24 hour access to the mini - storage. He reiterated that it was a mistake on their part to overlook the front buffer hours during the planning process for the mini - storage. He requested to use the remainder of his time for rebuttal. Gene Pfeifer, Highway 10 property owner, sited several reasons for not approving Items 29 and 30. First, the applicant was already granted an intense C -4 use half way between two (2) commercial nodes on Highway 10. He added that the applicant's protest about the mistake in hours was disingenuous. Secondly, he stated that if it was the intention of the Board of Directors to allow this usage, that they should just rezone the area to commercial and create a new commercial node; insisting that the Highway 10 Plan would be undone and that the process should be outright and involve all parties from twenty (20) years back who were first involved with creating the plan. Mr. Pfeifer reminded the Board that it was their responsibility by statute to make individualized decisions to enhance and protect the approved plan and that it was the burden of the applicant to show how his plan did such. Thirdly, he sited that the same group came before the Board in 1996 to make the entire site mini - storage until it was changed two years ago to the present plan with the front building. At that time, it was his opinion that the property owners were not properly notified. In the same month that they broke ground on the project, he added that they were back at Planning asking for more changes. On a few occasions, the applicant had been asked to change his signage because it advertised uses that were not in compliance with his current allowed uses. In addition, he stated that other restaurants on Highway 10 close at 9 PM or 10 PM, and the applicant's attorney stated at the Planning level that they need the additional hours to allow their patrons to finish watching sporting events, which is not a use for the property as currently zoned. He ended his comments by stating that the development community is watching what the Board does today and that by approving Items 29 & 30 it would encourage more of the same behavior. He also asked that a roll call vote be taken so that the community could see who was in support of the Highway 10 Plan. 10 Little Rock Board of Directors Meeting— Minutes — June 6, 2006 Philip Kaplan, resident of Montagne Court, indirectly adjacent to the project, spoke in opposition of the Items 29 & 30. He sited that he had been before the Board some 30 years ago regarding the Charles Taylor properties and the Alltel Buildings, which first started the push to protect Highway 10 and make it a scenic corridor. He sited the National Home Center project as the most recent legal precedent affecting this proposal. The National Home Center project was proposed on the west corner of West Taylor Loop and passed by the Little Rock Board of Directors, but was later reversed by the Arkansas Supreme Court because the Supreme Court found that the City's actions were arbitrary to the Highway 10 Plan. He stated that Items 29 & 30 were also inconsistent with the Highway 10 Plan because it was commercial, not office. He stated that he had visited the site before the Planning Commission meeting and noticed that there was no pizza being served, but beer to patrons that watched ESPN. He ended by stating that it was not the Board's responsibility to fix commercial mistakes and that if they approved these proposals they would open the door for other developers to do the same. Mary Dornhoffer, President of the Coalition of West Little Rock Neighborhoods, read a list of members of the coalition who were in opposition of the proposed request for additional uses and extended hours. Pinnacle Neighborhood Association — 100 Households; Bayonne POA — 187 Households; Margeaux — 126 Households; Ducain POA - 180 Households; Maywood — 19 Households; and Chevaux — 94 Households. She stated that averaging about 2 voting Coalition members per household would be about 1400 people who felt like this proposal was a veiled attempt at having a zoned office center operate as a commercial center. She ended by stating that the Coalition is strongly against anything that deviates from the HWY 10 Plan. Ruth Bell, League of Women Voters, opposed the request and asked that the Highway 10 Plan be upheld. She also reminded the Board that the City is not responsible for the financial success of any particular business; rather their role was to provide a level playing field for all zoning applicants while protecting the interest of the citizens. She noted that other businesses on Highway 10 have complied and gone through great lengths to adjust their plans for the City's requirements and to address citizen concerns and that approval of Items 29 and 30 would be unfair to those developers. Kathleen Olsen, urged the Board to vote in opposition of items 29 & 30. She sited that the City has always encouraged developers to work with citizens to make their projects more successful and she felt like this developer was trying to wear the citizens down with his multiple requests for changes. In rebuttal, Steve Giles, reminded the Board that the request before them was a revised PCD and not a rezoning request. He stated that he understood the difficulty in trying to define the nature of the business. He added that The National Home Center project was not comparable to this one because it was overturned because the City did not follow its own ordinance, not because of a violation of the land use plan. He also added that there were no objections from the Bella Rosa neighborhood or the project's immediately adjacent neighbors. 11 Little Rock Board of Directors Meeting — Minutes — June 6, 2006 Mr. Hornibrook reiterated that there had been a mistake in the write -up regarding the hours. He stated that the restaurant owner was available to speak if necessary, but that 70 percent of their revenue was from food; adding that they do not serve hard liquor. He stated that you can not see into the windows of the development because they are smoke tinted glass and it does not look like a retail center. He stated that they were willing to withdraw the fitness center from the application and amend it to reduce the office warehouse showroom space to 40 percent. Director Pugh asked questions about similar developments in the area. Tony Bozynski, Planning Director, responded that there were no similar developments in the area. Director Wyrick asked for clarification on amendment to the application. Mr. Hornibrook stated that his earlier suggestion was to amend the application to reflect different hours of operation. Mr. Tom Carpenter, City Attorney, stated that traditionally the Board has sent requests for substantial changes in applications back to the Planning Commission for consideration and that a reduction to 40% would qualify as a substantial change. Director Hurst asked, in the event that this proposal failed, if the applicant could make a new application to the Planning Commission before one (1) years time. Mr. Carpenter and Mr. Bozynski answered "yes." Mr. Hornibrook urged the Board to vote on the issue tonight because there was already a lot of time vested in this venture. Director Keck noted that he was sensitive to Mr. Hornibrook's time issues and asked about the amount of time it would take to come before them if the Board sent it back to the Planning Commission. Mr. Bruce Moore, City Manager, answered that typically it would be before them faster if they sent it back to Planning rather than the applicant making a new application. Director Kumpuris, seconded by Director Graves, made the motion to send Item 29 back to the Planning Commission. A roll call vote was taken and recorded as follows: Directors Pugh, Keck, Wyrick, Stewart, Adcock, Kumpuris, Vice Mayor Graves, and Mayor Dailey voted aye. Directors Hurst, Cazort and Hinton voted nay. With 8 ayes and 3 nays, the motion passed and Item 29 was sent back to the planning commission. 29. ORDINANCE - Deferred back to Planning - Z- 6219 -C — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Bella Rosa Revised Long - Form PCD located on the southwest corner of Cantrell Road and Bella Rosa Drive, Little Rock, Arkansas, amending the official zoning map of the City of Little Rock; and for other purposes. Planning Commission: 5 ayes, 5 nays, I absent. Staff recommends denial. (Deferred from February 21, 2006). Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for the revision to the current PCD zoning to allow additional sues to be considered as allowable uses for the office building located on the site. The discussion continued on Item 30 with the Vice Mayor expressing concern regarding the weekday hours requested. She asked about the thought process of staff regarding making this decision. Mr. Bozynski stated that it was a reasonable request for a restaurant in the City. 12 Little Rock Board of Directors Meeting — Minutes — June 6, 2006 Gene Pfeifer stated that the applicant had been disingenuous on several counts in regard to giving up the 24 hour access to the mini - storage, the delay in time for the item to go before the Board, and his notification of the hearing for the application. He also stated that he believed that the applicant would keep coming back to the Board and expressed his disapproval of the Board's compromise and decision to send Item 29 back to the Planning Commission. Mr. Moore responded that the Board had not compromised, but merely, followed their policy of sending items back to the Planning Commission that had been amended significantly at the Board level. The ordinance was read the first time. Director Adcock, seconded by Director Keck, made the motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Pugh, seconded by Director Hurst, made the motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors Pugh, Keck, Wyrick, Stewart, and Mayor Dailey voted aye. Directors Hurst, Cazort, Hinton, Adcock, Kumpuris, and Vice Mayor Graves voted nay. With 5 ayes and 6 nays, the ordinance (Item 30) failed. 30. ORDINANCE — Failed - Z- 6219 -D - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Bella Rosa Revised Long -Form PCD, located on the southwest corner of Cantrell Road and Bella Rosa Drive, Little Rock, Arkansas, amending Ordinance No. 19,072 and the official zoning map of the City of Little Rock; and for other purposes. Planning Commission: 6 ayes, 5 nays, 0 absent. Staff recommends approval. Synopsis: The developer is requesting a change in the previously approved hours of operation. Director Cazort, seconded by Director Keck, made a motion to go into executive session at 8:35 PM to discuss Board and Commission appointments. The Mayor called the meeting back into session a requested that Mr. Moore, report the Board and Commission appointments. Appointments were made as follows: Little Rock Animal Services Advisory Board - Kimberly Steed Landrum; Central Arkansas Transit Authority Board of Directors - Darren Peters (reappointed); Little Rock City Beautiful Commission - MaryJane Rebick; Commission on Children Youth and Families - Katherine Mitchell (reappointed); Community Housing Advisory Board - William O. "Bill" James, Jr. (reappointed), William A. Waddell, Jr., Aaron Petrus, Rebecca Chandler Fisher (reappointed), Sandy Magness; Oakland Fraternal Cemetery Board of Trustees - Doug Beard (reappointed); Racial and Cultural Diversity Commission - Wayne E. Berger, Deloise A. Springer, Pablo Moncho; Little Rock Port Authority - G. Christopher Mathews; Little Rock Sister Cities Commission - Thomas R. Braswell. 13 Little Rock Board of Directors Meeting — Minutes — June 6, 2006 31. ORDINANCE 19,547 - Z- 6019 -C — Ordinance repealing Ordinance No. 18,207, revoking a Planned Office District titled GMAC Long -Form POD Revocation, located on the southwest corner of LaGrande Drive and Chenal Valley, 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: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant submitted a request dated January 9, 2006, requesting the current POD zoning classification be revoked and the previously held 0-2 and R -2 zoning be restored. 32. ORDINANCE - Deferred to June 20 - Z -8032 — Approving a Planned Zoning Development and establishing a Planned Industrial District titled Freeze Short -Form PD -1 located at 1112 Jones Street, 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, I recusal. Staff recommends denial. Synopsis: The applicant is proposing the rezoning of this site from R -4 to PD -I to allow the construction of a warehouse building. The Mayor requested that Item 33 be read the first time. He then recognized Pat Gee to speak for three minutes in opposition of the item. Pat Gee, President of Upper Baseline Neighborhood Association and Vice President of Southwest Little Rock United for Progress, presented crime reports from January through May 2006 sighting that there had been 86 total crime incidents on the eight (8) block area in questions. She stated that there were already seven (7) or eight (8) trailer parks on that street and that both Associations voted to oppose another trailer on this street. Joe Curreri, applicant, spoke in favor of the project. He reviewed the makeup of manufactured and site built homes in the area. He sited that there had been problems with vandalism and illegal dumping at the site that he hoped would cease once he moved onto the property. After questioning from the Board he stated that the property was appraised at $60 -$65 per square foot and the current rate was $80 -$85. He added that it was more economical to put a mobile home on the property. He also answered that the manufactured homes he would purchase would be used and no older than 1995. The homes would be delivered in two pieces and put on a permanent foundation. They would then be refurbished to look like brand new single family homes before they were occupied. Director Adcock thought that it would be unfair to the two property owners across the street that had nice brick homes that they had lived in for at least forty (40) years. Director Hurst asked Mr. Tony Bozynski, Planning Director, if there were any areas where a manufactured home could go in "by right" and why the staff had supported this application. Mr. Bozynski responded that manufactured homes could be placed in R -7A (Manufactured Home Districts). He also explained that the staff supported the application because the manufactured homes will be multi sectional single family dwellings, one being 2500 square feet and the other being 1500 square feet. Staff also thought that if at least one of the structures was owner occupied, that it would cut down on some the problems occurring on the property. The front building would be considered an accessory building and they felt like that with the acreage the density was not too intense. Additionally it would be introducing any new housing elements to the area. 14 Little Rock Board of Directors Meeting — Minutes — June 6, 2006 33. ORDINANCE — Failed - Z -8034 - Approving a Planned Zoning Development and establishing a Planned Residential District titled Stanton Road Short -Form PD -R, located at 8501 Stanton Road, Little Rock, Arkansas, amending the official zoning map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes, 4 nays. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of this site from R -2 to PD -R to allow the placement of two (2) manufactured homes on the site. 34. ORDINANCE - Deferred indefinitely - To authorize the transfer of land below the South Parking Deck to Metrocentre Improvement District No. 1. Staff recommends approval. Item 35 was read the first time. The Mayor recognized Earl Bryant, Jr. and Gail Rose to speak. Ms. Rose asked the Board for additional time to work out title and ownership issues with the property which potentially belonged to eighteen (18) different people. Robert Bryant, also a part property owner spoke about removing the house from the list because he had originally purchased the house for his parents and had recently sold the house to a Mr. Brian McKnight. A motion was made by Director Cazort, seconded by Director Stewart, to remove 1708 Princeton from the demolition list to allow the family 60 -90 days to work out their issues, after a brief discussion amongst the City Attorney, staff, and the Board. By unanimous voice vote of the Board members present the house was removed from the list. Director Adcock requested that the property be kept up until a decision was made about the title and asked that a name be provided to the City Code Enforcement Agency so that they could contact them about any issues that may occur. Director Cazort asked that the family present proof of having filed in probate court within 30 days. 35. ORDINANCE 19,548 — Amended - 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 raze and remove said structures; declaring an emergency; and for other purposes. Staff recommends approval. Synopsis: Thirty -two (32) residential structures in dilapidated and /or burned condition causing a negative environmental impact on the residential neighborhoods in which they are located. 36. EXECUTIVE SESSION & RESOLUTION 12,294 - To make appointments to various Boards and Commissions. Synopsis: Central Arkansas Transit Authority (1 position), Community Housing Advisory Board (5 positions), Oakland Fraternal Board of Trustees (1 position), Little Rock Port Authority (1 position), and Little Rock Sister Cities Commission (1 position). Little Rock Animal Services Advisory Board - Kimberly Steed Landrum, appointed to serve an unexpired At -Large two -year term replacing Rita Cavenaugh, said term expiring on November 28, 2007; Central Arkansas Transit Authority Board of Directors - Darren Peters, reappointed to serve his second four -year term, said term expiring on June 4, 2010; Little Rock City Beautiful Commission - MaryJane Rebick, appointed to serve an unexpired At -Large term left vacant by the resignation of Jan Baker, said term expiring on October 19, 2007; Commission on Children Youth and Families - Katherine Mitchell, reappointed to serve her second three - year term as Little Rock School District representative, said term expiring on February 28, 2009; 15 Little Rock Board of Directors Meeting — Minutes — June 6, 2006 Community Housing Advisory Board - William O. "Bill" James, Jr., reappointed to serve his second At -Large three -year term, said term expiring on June 2, 2009; William A. Waddell, Jr., appointed to serve his first full At -Large three -year term, said term expiring on June 2, 2009; Aaron Pettus, appointed to serve an unexpired term as Neighborhood Association representative, said term expiring on June 2, 2008; Rebecca Chandler Fisher, reappointed to serve her first full three -year term as Community Development Representative, said term expiring on June 2, 2009; Sandy Magness, appointed to serve her first full three -year term as a Landlord of property in the City of Little Rock, said term expiring on June 2, 2009; Oakland Fraternal Cemetery Board of Trustees - Doug Beard, reappointed to serve his second three -year term, said term expiring on June 1, 2009; Racial and Cultural Diversity Commission - Wayne E. Berger, appointed to serve an At -Large three -year term replacing Charles Spohn, said term expiring on March 31, 2009; Deloise A. Springer, appointed to serve an unexpired At -Large term left vacant by Dr. Kaleem Sayyed, said term expiring on March 31, 2009; Pablo Moncho, appointed to serve an At- Large three -year term replacing J. Mark DeYmaz, said term expiring on March 31, 2009; Little Rock Port Authority - G. Christopher Mathews, appointed to serve an At -Large five -year term replacing Gary P. Barket, said term effective July 6, 2006 and expiring on July 6, 2011; Little Rock Sister Cities - Thomas R. Braswell, appointed to serve an unexpired five -year term left vacant by Shelia Vaught, said term expiring on January 5, 2009. Director Kumpuris asked if the Tetra Tech presentation had been scheduled. Mr. Moore responded that staff was working on setting up the presentation. He also asked for Reggie Corbitt to come before the Board to discuss some of the sewer issues brought up by Gene Pfeifer. Director Cazort asked about the letter from citizens regarding the Pleasant Ridge development asking for a second rear entrance. Mr. Moore stated that staff was not supportive of the entrance. Mr. Moore also suggested that the Board have a small work session on June 27 at 4:00 PM at the Hinton Center regarding public safety issues. The chief and the precinct commanders will give presentations and be available for questions during this session. The Board agreed to take have the work session. Director Keck, seconded by Director Cazort, made a motion to adjourn. By unanimous voice vote of the Board members present, being two - thirds in number, the meeting was adjourned at 10:20 PM. PASSED: July 11, 2006 ATTEST: an �Ierk Wood C City APPROVED: Jim #Oey Mayor 16 I\