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HomeMy WebLinkAbout06-04-02Minutes: June 4, 2002 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham June 4, 2002 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Daily Presiding. The roll was called by City Clerk Nancy Wood, with the following Directors Present: Hinton, Pugh, Graves, Keck, Adcock, Wyrick, Kumpuris, Lichty, and Vice Mayor Cazort. Director Stewart was absent. The invocation was given by Director Kumpuris, which was followed by the Pledge of Allegiance. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows: MODIFICATIONS TO THE AGENDA: M -1. RESOLUTION NO. 11,299 - Authorizing the City Manager to enter into a contract with Janetta Kearney, in the amount of $18,000 for property located at 2123 Spring Street, Little Rock, Arkansas as part of the Tornado Disaster Neighborhood Enhancement Plan. DEFERRAL 31. ORDINANCE - To authorize the issuance and sale of Capital Improvement Revenue Bonds, Series 2002, to finance a performance based contract, previously approved; To provide for the payment of the principal and interest on the Bonds; To prescribe other matters relating thereto; and to declare an emergency. (Deferred to July 2, 2002) M -2 RESOLUTION - To set the date of public hearing for June 18, 2002 on a petition to vacate and abandon a portion of Wingate Drive in the vicinity of its intersection with Markham Road in the Wingate Addition to the City of Little Rock, Arkansas. DEFERRALS 8. RESOLUTION - To set the date of public hearing for June 18, 2002 on the petition to appeal the Planning Commission's decision against the closing of E. Crestwood Drive in the City of Little Rock, Arkansas (Planning Commission: 2 yes, 7 no, 1 abstention, I absent). Staff recommends denial. 27. PUBLIC HEARING & ORDINANCE - To abandon all of Kentucky Street lying east and north of Cantrell Road (State Highway 10) in the City of Little Rock, Arkansas. (Deferred to June 18, 2002) 28. PUBLIC HEARING & RESOLUTION - Z -7159 - Rescinding the Little Rock Planning Commission's action in approving a Conditional Use Permit to allow for placement of a multi - sectional manufactured home on the R -2 zoned property located at 10709 Stagecoach Road. (Planning Commission: 7 yes, 3 no, 1 absent.) Staff recommends denial. (Deferred to June 18, 2002) 23. RESOLUTION - To authorize the City Manager to enter into a contract with Ms. Kizzie Roberson for property located at 3324 Bishop Street, Little Rock, Arkansas in the amount of $8,027 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. SPECIAL NOTICE 12. ORDINANCE - Z -7212 - Approving a Planned Zoning Development and establishing a Planned Office District titled Little Rock Association of the Deaf —Short Form POD located at 9005 Lew Drive in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent.) Staff recommends approval. Applicant requested this item to be held on 1St reading. Minutes: June 4, 2002 A motion was made by Vice Mayor Cazort to add Items M -1 and M -2 to the Consent Agenda, and the listed deferrals to dates indicated and Item 8 to be deferred to the first meeting in August. Director Pugh seconded the motion. Director Lichty had comments on Resolution M -2 and the Public Hearing and Ordinance, Item 27, saying that both issues deal with public convenience and necessity involving public right of ways, with which the Planning Commission is very familiar and have in fact rendered their opinion on a similar item that has been deferred, and suggested that these items be referred back to the Planning Commission for them to take the appropriate action before they come to the Board of Directors, and to make that a policy for all public aright of way abandonment issues. Director Lichty stated this was a substitute motion, which would include adding the additions, deferring the listed deferrals and regarding Items M -2 and - Item 27 to the Planning Commission. The motion was seconded by Director Adcock and by unanimous voice vote of the Board members present, the motion was adopted, the amendment was adopted and the modifications were made to the agenda. PRESENTATION: Wright Avenue Neighborhood Association — Director Pugh CONSENT AGENDA (1 -8) 1. RESOLUTION NO. 11,301 - To authorize the City Manager to enter into a contract with Mr. Fred Graves for property located at 2719 Wolfe Street, Little Rock, Arkansas in the amount of $5,693 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. 2. RESOLUTION NO. 11,302 - To authorize the City Manager to enter into a contract with Mr. Arnard Crump for property located at 2206 Izard Street, Little Rock, Arkansas in the amount of $11,392 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. 3. RESOLUTION NO. 11,303 - To authorize the City Manager to enter into a contract with Mr. Willis Bailey for property located at 3405 South Battery Street, Little Rock, Arkansas in the amount of $23,358 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. 4. RESOLUTION NO. 11,304 - To authorize the City Manager to enter into a contract with Mr. Stanley Hill for property located at 2211 South Gaines Street, Little Rock, Arkansas in the amount of $33,205 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. 5. RESOLUTION NO. 11,305 - To authorize the City Manager to enter into a contract with Mr. Ed Evans for property located at 2900 South State Street, Little Rock, Arkansas in the amount of $23,000 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. 6. RESOLUTION NO. 11,306 - To replace Pecan Lake Improvement District No. 4's Commissioner, Kelvin Baugh, who has relocated and no longer owns property in the district and appoint Mr. Ed Burlington, 9214 Timber Valley, as the replacement commissioner for the district. 7. RESOLUTION NO. 11,307 - To authorize the City Manager to execute a contract extension with Risk Management Resources to provide third party administrative services to the City's self - funded Worker's Compensation Program. 8. RESOLUTION - To set the date of public hearing for June 18, 2002 on the petition to appeal the Planning Commission's decision against the closure of Crestwood Drive in the City of Little Rock, Arkansas. (Planning Commission: 2 yes, 7 no, 1 abstention, 1 absent) Staff recommends denial. (Deferred) M -1. RESOLUTION NO. 11,299 - Authorizing the City Manager to enter into a contract with Janetta Kearney, in the amount of $18,000 for property located at 2123 Spring Street, Little Rock, Arkansas as part of the Tornado Disaster Neighborhood Enhancement Plan. P Minutes: June 4, 2002 The Consent Agenda was read. A motion was made by Director Adcock; seconded by Vice Mayor Cazort, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. CITIZENS COMMUNICATIONS: Speaker: Carol Fuller, 8805 Fairhaven Topic: Traffic light on Barrow Road at Henderson Middle School; asked if an active process is being done to secure the funds for the traffic light. Mayor Dailey assured her that it was being looked into. Speaker: Dee White, 214 Barton Topic: Heritage Festival Ms. White stated a date had been set aside by the Parks Department for the festival; but noticed it was for May 3ra, which coincides with Memphis in May, and asked for an alternate date of May 10th; and waiver the $2500 fee. Speaker: Jan Taylor Topic: Special Use Permits Ms. Taylor asked for a revocation process for Special Use Permits, and mentioned she had shared with the Board some information on other cities that had put the revocation process in place, and asked if there had been any progress made on the request. Mr. Carney answered that the issues and information provided by Mr. Taylor was referred to the Planning Commission, and they had at least one sub - committee meeting to review it and determined there were no recommended changes. A follow -up with Ms. Taylor was suggested. Speaker: Jennifer Polk, 2221 N. McKinley Topic: Wildlife Disease Policy Spoke of an incident that occurred involving an injured raccoon. She stated she spent quite a lot of time trying to find the proper authority to deal with the injured animal as far as testing the animal for rabies, and for removal, and spoke with people from the state, county, city, and after - hours veterinarians, and could not find anyone to give her information on who to contact in this situation. She asked if the city has a policy, and if not, one needs to be established, and the information made available to citizens. Mayor Dailey asked the City Manager to investigate the issue and report back. Speaker Don Darnell, 7007 E. Wakefield Topic: Vision Little Rock Tax Stated that financial times are tough, and the city may have to look at additional sources of revenue in order to finance some of the recommendations of the Vision groups. Mr. Darnell stated that the citizens need to be insured, when asked to pass a tax that the revenue was going to go specifically to the items that Vision Little Rock recommended, and that it not be put into the general fund. Speaker: Molly Irvin, 507 Deerbrook Road Topic: Traffic light at Barrow Rd and Henderson Middle School Asked the board to find the way and means to get a light at this location, due to speeding, citizen safety, as well as, to think of the students who have to cross the street to get to the school. Speaker Dr. George Blevins Topic: Wright Avenue Presentation Mr. Blevins stated there have been large gatherings on Wright Avenue on Friday and Saturday nights. He said the issue is being addressed, but wanted to commend the Mayor, Board, Police Chief and the police officers that have responded. He said they have had gatherings of 1500 to K3 Minutes: June 4, 2002 2000 people on Wright Avenue and felt the potential of that flaring into something terrible was to great to allow it to continue. Citizen Communications was concluded. Grouped Items: 9 -21 9. ORDINANCE NO. - To amend the Master Street Plan (15,519) in the Crystal Valley, Burlingame Valley, West Fourche, Barrett and Buzzard Mountain Planning Districts; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent) Staff recommends approval. (Deferred). Mr. Carney reminded the Board that Item 9 is a part of the Extra - territorial Jurisdiction. Mayor Dailey stated he did not have any cards presented to speak to this item. Mayor Dailey asked if there was anyone in the audience that objected to the Master Street Plan issues in the Extra - territorial area. Mr. Bud Barnes, P.O. Box 25759, stated he received a call only an hour and a half ago from the Arkansas Democrat Gazette advising him that these items were on the agenda for tonight, and stated that was why they did not have any representation here, that none of the citizens had been notified. Director Lichty asked if Items 30 and 31 could be added to the grouped items. It was determined that Item 31 had been deferred, and Mayor Dailey advised he had cards from citizens wishing to speak on item 30. Director Wyrick moved to remove Item 9 from the grouped items so that everyone could hear the presentation on the item; Director Adcock seconded the motion; Mayor Dailey stated a vote was not necessary; that Item 9 could be removed and placed as a separate item. Mayor Dailey asked the clerk to read the grouped items; Items 10 — 21. 10. ORDINANCE - LU- 02 -19 -02 — To amend the Land Use Plan in the Chenal Planning District from Single Family to suburban Office. (Planning Commission: 10 yes, 0 no. 1 absent) Staff recommends approval. 11. ORDINANCE NO. 18,692 - Z- 4741 -A - Repealing Ordinance No. 18,519 and revoking a Planned Zoning District titled Wade — Short Form POD located at 5100 "B" Street in the City of Little Rock, Arkansas amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent) Staff recommends approval. 12. ORDINANCE - Z -7212 - Approving a Planned Zoning Development and establishing a Planned Office District titled Little Rock Association of the Deaf —Short Form POD located at 9005 Lew Drive in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent.) Staff recommends approval. (Deferred) Item was read one time. 13. ORDINANCE NO. 18,693 - Z -7213 — Approving a Planned Zoning Development and establishing a Planned Office District titled Mike Berg Company Short Form PD- 0 located at 17005 Cantrell Road in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends approval. 14. ORDINANCE NO. 18,694 - Z- 4213 -G - Approving a Planned Zoning Development and establishing a Planned Office District titled Bowman Plaza Revised Long Form POD located at the northeast corner of Colonel Glenn and Bowman Roads in the City of Little Rock, Arkansas, amending the official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 10 yes, 0 no, absent). Staff recommends approval. 15. ORDINANCE NO. 18,695 - S- 45 -A -47 — 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 of minimum front platted building line for Otter Creek Community Phase IX — Preliminary Plat located on the west side of Otter Creek Parkway and north of the Callegan Branch Channelization easement. (Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends approval. 4 Minutes: June 4, 2002 16. ORDINANCE NO. 18,696 - S -1339 — 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 of minimum front platted building line and variance to allow double frontage lots adjacent to a arterial street for Villa Vista Subdivision — Preliminary Plat locate south of West 36th Street, between Stonehedge Drive and Tudor Drive. (Planning Commission: 9 yes, 0 no, 1 absent, 1 recused). Staff recommends approval. 17. ORDINANCE NO. 18,697 - Z- 5466 -B - Approving a Planned Zoning Development and establishing a Planned Office District titled Advantage Publishing Company Short Form PDO located at 1000 Nix Road in the City of Little Rock, Arkansas, amending the official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 6 yes, I no, 4 absent). Staff recommends approval. Director Keck stated he wanted to clarify that before any Phase II of this project could continue, that it would have to come back to the Board, and proper notification to the neighbors would be notified. Mr. Jim Lawson, Director of Planning and Development, stated that part of what the Board has received is older information; that once there was Phase II, but what they have agreed to is to convert the church to an office, so if there were ever a Phase II, it would have to come back to the Board. 18. ORDINANCE NO. 18,698 - - Z- 1432 -C — Approving a Planned Zoning Development and establishing a Planned Commercial District titled British Cars of Little Rock Short Form PCD located on the northwest corner of Georgia Avenue and Ohio Avenue in the City of Little Rock, amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends approval 19. ORDINANCE NO. 18,699 - Z- 6278 -B - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Sport's Authority Revised Long Form PCD located at 11700 Chenal Parkway in the City of Little Rock, amending the Official Zoning of the City of Little Rock, and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends approval. (Planning Commission: 9 yes, 0 no, 1 absent, 1 recused.) Staff recommends approval. 20. ORDINANCE NO. 18,700 - Z -7154 - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Acts Church Short Form POD located on the east side of John Barrow Road between West 40th Street and West 42 "d Street, in the City of Little Rock,; amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends approval. 21. ORDINANCE NO. 18,701 - Z -7209 - Approving a Planned Zoning Development and establishing a Planned Residential District titled Jacoby's Long Form PDR located 7200 Beck Road in Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock, and for other purposes. (Planning Commission: 10 yes, 0 no, 1 absent). Staff recommends approval. The ordinances (Items 10 — 21) (Item 12 was read one time) were read the first time; the rules were suspended to provide for the second and third readings of the ordinances by two thirds vote of the Board members present; by unanimous voice vote of the Board members present, the ordinances were passed. Separate Items: 22- 34 22. ORDINANCE NO. 18,702 - Reclassifying property located at the southwest corner of Geyer Springs and Forbing Roads in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. The ordinance was read the first time. Director Adcock asked Mr. Jim Lawson, Director of Planning and Development if he had heard from the applicant. Mr. Lawson replied that he had, and the applicant does not want to file a PCD; he wants to continue on his request to be zoned C -4. The property around him is zoned C -4 or I -2 and does not feel it necessary for a PCD at this time. Director Adcock asked if he discussed the lights and noise with the applicant; Mr. Lawson said he had and what the ordinance requires of everyone, is that the lights be turned down and not out into he neighborhood, and that the applicant would be doing that, but as far as noise from vacuums, etc. There wasn't anything that could be done about that. Mr. Don Darnell, 7007 E. Wakefield Drive, stated that he was the president of the Wakefield Neighborhood Association, and this property lies within their Association area and said when the notices were first sent out by the Planning Commission, they discussed this issue at one of their neighborhood meetings and just as Southwest Little Rock United for Progress, they decided to remain neutral. He said it was a passive neutral and felt they had no reason to advocate the change, but also felt they had no reason to oppose the zoning change. A motion was made by Vice Mayor Cazort to suspend the rules and place the ordinance on second reading. Director Keck seconded the motion, by unanimous voice vote of the Board Minutes: June 4, 2002 members present, the rules were suspended and the ordinance was read the second time. Vice Mayor Cazort moved to suspend the rules and place the ordinance on third reading; Director Keck seconded the motion, and by unanimous voice vote of the Board members present, the rules were suspended and the ordinance was read the third and final time. By majority voice vote of the Board members present, the ordinance passed. Director Adcock voted against the ordinance. Director Stewart was absent. 23. RESOLUTION - To authorize the City Manager to enter into a contract with Ms. Kizzie Roberson for property located at 3324 Bishop Street, Little Rock, Arkansas in the amount of $8,027 in funds as part of the Tornado Disaster Rebuild Targeted Neighborhood Enhancement Plan. (Deferred.) 9. ORDINANCE NO. - To amend the Master Street Plan (15,519) in the Crystal Valley, Burlingame Valley, West Fourche, Barrett and Buzzard Mountain Planning Districts; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent) Staff recommends approval. (Deferred). 24 ORDINANCE - LU02- 17 -01, LU- 01- 21 -01, LU02- 22 -01, LU01- 29 -01, LU- 02 -30- 01 - To amend the Land Use Plan (16,222) in the Crystal Valley, Burlingame Valley, West Fourche, Barrett and Buzzard Mountain Planning District Planning Districts; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent) Staff recommends approval. (Deferred) 25. ORDINANCE - To establish R -2 and AF Zoning in the area between the Planning Boundary described by the City of Little Rock's Board of Director's Ordinance No. 18,488 (Deferred) (Planning Commission: 8 yes, 0 no, 3 absent) Staff recommends approval. (Deferred) 26. ORDINANCE - To rezone 28 selected parcels non - residential classifications per owners' requests in the area between the Planning Boundary described by the City of Little Rock's Board of Directors' Ordinance No. 18,488 and the previous Planning Boundary described in Ordinance No. 15, 443. (Deferred) (Planning Commission: 8 yes, 0 no, 3 absent) Staff recommends approval. (Deferred) Mayor Dailey asked staff for a briefing on Items 9, 24, 25, and 26. Mr. Carpenter, City Attorney, suggested that the first reading be presented, and then if any amendments come about, they would be there before the Board. The ordinances were read the first time. Mr. Jim Lawson, Director of Planning and Development, overviewed the project stating that in April of last year (2001) that staff came before the Board and the Board approved Resolution 11,048 which declared the City of Little Rock's intent to extend the planning area and institute the zoning in the area. May 15, 2001, Ordinance Number 18488 was passed which extended the three -mile planning boundary. Since that time, staff has been out in the area working. Mr. Lawson recognized Brian Minyard of his staff, and stated that Mr. Minyard had been the one out working in the area. Mr. Lawson stated that in order to cover this large area, one of the things Brian did was to send out 1400 letters to notify people in the area of what was going to be done. He said there was a total of five different meetings. He stated that some people felt zoning would be good, while others were not enthusiastic about it, but did work though the process. Mr. Lawson explained there are several steps in the process, one being the Master Street Plan, the Land Use Plan change, Zoning and Rezoning. He said they were zoning several parcels of land, AF, which is Agricultural and Forestry. This allows a person to still have a home, but if they want to sell garden items they can, they can keep livestock, etc. Mr. Lawson said staff has worked really hard to accommodate landowners in the area. Mr. Lawson stated when the annexation does occur these will be well - planned areas. He said they have tried to make zoning fit what people already have in the area. Mr. Lawson stated there are several people who have a C -3 type use, and wanted to have C -4 because they might want to do something different down the road. Mr. Lawson said some of these were approved and some were not. He stated they were allowed to do their commercial business in C -3, and for a more intense use, the request would need to come back through the Planning Commission. He said staff felt most of the people were fairly satisfied with their zoning. The other issue of some of the citizens is whether it should be zoned at all. Mr. Lawson said as they went out into the community, the decision was made by the board to do the zoning. He stated they built various components — the Master Street Plan, the Land Use Plan, and Zoning. Director Wyrick asked Mr. Lawson to explain what happens when the Master Street Plan is invoked in this area. Mr. Lawson explained that it would not mean any immediate change, but if someone were to develop his or her land, then the Master Street Plan would come into effect. Mr. Lawson said there are some areas that have a Rural Master Street Plan standard, and would not include the curbs and gutter improvements. Director Kumpuris asked Mr. Lawson to go over again what the Board is considering today. Mr. Lawson answered, a new Master Street Plan in this area, 0 Minutes: June 4, 2002 a new Land Use Plan in this area, and multiple zonings. Director Kumpuris stated then this is an issue of how it is going to be done not if it is going to be done. Mr. Lawson said that was correct. Director Wyrick asked how individuals were notified of this meeting? Mr. Lawson stated that the applicants, the people whose land is being rezoned, (around a hundred people) were notified by letter. He said they did not re- notify all fourteen hundred people but notified the people they have been working with the last year. Mr. Lawson stated what they did with the fourteen hundred people was to announce to them that they wanted input on the Master Street Plan, the Land Use Plan and on Zoning, it all went though as a package. Mr. Lawson said several times, they had an open house rather than a public presentation and people could come by and they could show them the effect of the Master Street Plan on their land. Mr. Bud Barnes, P.O. Box 25759, stated he represented about five hundred people in the Concerned Citizens for Property Rights. He said when he looked at flat population growth of the City of Little Rock and the need to expand it didn't match up. He said he could flood the boardroom with folks to show the opposition in that area, but the real question was why the City wanted the expansion. He stated that the Board had given the direction to do this, and wanted to know what is the thrust of this activity. He said he is looking at the principles behind why, when, how much and what effect it has on the individuals. He said you are okay until you try to sell your property, or inherit property then you are in big trouble. There are easements, costs that come in after the fact and if you want to put a little business on it, there is an extreme expense to the individuals. Reverend J. Weaver, stated the ordinance that was passed was the intent to extend jurisdiction, not the intent to zone and it was specially put on the screen at the board meeting what that ordinance would not do, and zoning and planning was one of the things that ordinance would not do, and it would not raise taxes, etc. He said he questioned in that meeting if this were unlike any other territorial expansion. He said the Master Street Plan is a separate ordinance but all of the items are tied together. He asked the board not to narrow the parameters to those they narrowed at the Planning Commission Meeting. He said they could not even speak, except to be called out of order. He stated that on the development improvements would require the dedication of right of way, etc., said there was not any clearly defined criteria yet of the requiring of right of ways under what circumstances they are to be acquired, and what improvements are to be made. He said that needed to be done before an implementation of the Master Street Plan. He said the Board did have the legal right to extend the jurisdiction outside the city limits, 1957; Act 187 gave the city that right. He said they were certain it is not fair and equitable, and think it constitutionally suspect but would have to wait for the courts to decide that. He said representation for property owners who own properties within the extraterritorial jurisdiction are treated differently that any other citizens in the state. Citizens who have property inside the extraterritorial jurisdiction do not have voice. He said what they say doesn't really carry any weight unless they appeal to the Boards fairness. He said they couldn't vote for City Board members, they can vote in the county and feel these are county matters. He said they are against it for the reasons just mentioned. He said they want a real voice in planning and developing their property. He said in this 22 square miles of area, there are 99% plus of the property owners against the extension. He said they only had one person in the last year that attended their meetings that thought this was a good idea, and that person works for Public Works in the City of Little Rock. He stated the city is experiencing shortfalls in millions of dollars for repairs that need to be made now according to Vision Little Rock, and thought it unwise to expend personnel, resources and time outside the city limits, when within, there are such dire needs. Ms. Susan McNamara Smith, 2425 Beauchamp Road, spoke in opposition to the expansion saying that they had no representation. She said she has noticed people panicking and as a result are getting horses, chickens, etc. are appearing. Ms. Sandy Furrer, 20701 Colonel Glenn Road, stated she had requested an appeal on the zoning of some of her property and was told there was no appeals process. Mr. Lawson stated that her property was included in the rezoning and stated her request was in the re- zoning ordinance. Ms. Ruth Bell, 711 Briarwood, League of Women Voters of Pulaski County, stated they were very supportive of zoning and planning. She stated that Mr. Barnes had brought up issues that needed to be discussed, and felt people in the whole county would benefit if there were county wide or regional zoning which would allow people who have large lots and agricultural zoning to be able to fit in their needs more successfully than the way it is being done now. Ms. Bell addressed the issue of planning for growth, and said that can't be done unless there is cooperation of this county and the adjacent counties and the major cities in those counties. Ms. T. J. Jumper, stated she lived in an area that was going to be zoned AF. She stated that in working with Public Works it gave her more of a comfort in working through this process, and was not as uncomfortable with it as many of the other residents. She said she had done a lot of research and had talked to the Planning staff extensively and feels comfortable with what is going to happen. She stated that the "why" question was brought up earlier, and that a lot of the folks here tonight have stated they have interest in the principle of this, as to whether or not there should be land use and zoning, etc. She said she had resided in Ferndale for 20 years and was not interest in principles; that her interest was in what is best for this wonderful area. She stated this Land Use and Zoning is necessary to plan for the growth that is coming into this area, and 7 Minutes: June 4, 2002 this will help preserve this area. Mr. Barnes spoke again saying in rebuttal, in regard to five acre minimums, it is not so much what is required to develop one of those it is where you are in limbo, when you come under this extra - territorial, the law says if you want to build something eighteen inches high or more, there has to be approval to do it. He said it really isn't a question of standards not coming to the county; it's the idea that people can't choose to live under the rules of the city. He said they wanted to maintain standards, and needed zoning. He said who you can vote for to represent you is an important factor in all this. Director Wyrick asked the City Attorney his opinion on what the notification should have been, if anything special for this meeting tonight. Mr. Carpenter stated the ordinance does not have anything that requires any special notification. He said the city did have the requirement to make notice of the overall extraterritorial planning and the information indicates they did comply with that. No special notice is required on the Master Street Plan Ordinance. Director Adcock moved for the items related to extra - territorial jurisdiction be held on first reading; Director Wyrick seconded the motion; a roll call vote was taken and recorded as follows: Director Pugh, yes, Hinton, no, Lichty, no, Cazort, yes, Keck, no, Wyrick, yes, Kumpuris, no, Graves, no, Adcock, yes, Mayor Dailey, yes. Mr. Carpenter advised this was not a proper motion, but if it was a motion to go to second reading and it did not get a sufficient vote, that would be proper. Mayor Dailey stated that was the intent, and would accept it as such based on legal counsel. Director Lichty asked if everyone understood it in that context. Some Board members indicated it was not. Mayor Dailey asked for a motion to suspend the rules and place on second reading. Director Lichty made the motion. Director Keck asked as a point of order if the reading had been done. Mayor Dailey answered it had been read once. Director Keck seconded Director Lichty motion to suspend the rules and place on second reading. A roll call vote was taken and recorded as follows: Director Pugh, no, Hinton no, Lichty, yes, Cazort, no, Keck, yes, Wyrick, no, Kumpuris, yes, Graves, yes, Adcock, no, Mayor Dailey, no. The motion failed and the items remained on first reading. Mayor Dailey stated he did support the extraterritorial jurisdiction, but felt some good points had been raised and further discussion might enhance the process. Director Adcock requested another public meeting. Director Wyrick stated the idea that there are two types of Master Street Plans that the city was going to invoke, and some of the people did not know which way the city was going to go, and this gives the community a little more time to look at it. Mr. Carney, City Manager, stated if the community sets another meeting time, staff would be pleased to be there, but had no other suggestions. Tom Carpenter, City Attorney, stated as far as the Master Street Plan, if people had questions, he would be glad to share their e- mail address and citizens could send them in that way also. Director Kumpuris made a motion to go into executive session to consider appointment to the CATA Board; Vice Mayor Cazort seconded the motion, and by unanimous voice vote the meeting was recessed for an executive session. The meeting reconvened and Mr. Cy Carney, City Manager announced Mr. Darren Peters as the selected candidate for the position. Director Adcock moved to appoint Mr. Peters; Director Lichty seconded the motion, and by unanimous voice vote of the Board members present, the appointment was made. 27. PUBLIC HEARING & ORDINANCE - -To abandon all of Kentucky Street lying east and north of Cantrell Road (State Highway 10) in the City of Little Rock, Arkansas. (Directors sent item to the Planning Commission.) 28. PUBLIC HEARING & RESOLUTION - Z -7159 - Rescinding the Little Rock Planning Commission's action in approving a Conditional Use Permit to allow for placement of a multi - sectional manufactured home on the R -2 zoned property located at 10709 Stagecoach Road. (Planning Commission: 7 yes, 3 no, 1 absent.) Staff recommends denial. (Deferred) 29. ORDINANCE - Z -6863 - Approving a Planned Zoning Development and establishing a Planned Office District titled Michael's Revised Short -Form PCD located at 1701 Rebsamen Park Road in the City of Little Rock, Arkansas, amending the Official Zoning map of the City of Little Rock, and for other purposes. (Planning Commission: 3 yes, 6 no, 2 absent). Staff recommends denial. (Deferred) 30. ORDINANCE - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of the Master Street Plan street improvements for property located at 1701 Rebsamen Park Road. (Deferred) Mr. Jim Lawson, Director of Planning and Development gave an overview of Items 29 and 30. He stated the request tonight is to amend the PCD. He said what has happened over a period of time is the items that were approved and listed; quite a few have not been done. He stated the establishment is referred to as the Cross -Eyed Pig, which is next to Faded Rose on Rebsamen Park Drive. When approved in the year 2000, they were required to construct the half street improvements, install landscaping, pave the drive and eliminate the head -in parking. He said the deck was approved for outside dining, and 8 Minutes: June 4, 2002 what has occurred over a period of time, is they have begun to entertain on the decks and have bands. Mr. Lawson said they have received a lot of calls the last year or two by citizens complaining about the entertainment. The change in the PUD went to the Planning Commission, and it was turned down. The Little Rock Planning Commission is saying the items that were agreed to before should still be put in place, and in May this year, the applicant went to the City Beautiful Commission, and asked that the landscaping strip in the back on the Southside be eliminated and not required. That was also turned down. Mr. Lawson said he thought some of the issues could be worked out, And the applicant has agreed not to have live music on the deck. Staff has agreed to have a four -foot strip of landscaping in the parking area. He said the Faded Rose did put in a landscaping strip there and have asked Michael's to duplicate that strip. Mr. Lawson said the major unresolved issues are the head -in parking and the half street improvements. He said there are quite a few businesses along that area that do have head -in parking as part of their operation. Mr. Lawson said he was concerned that if a Planning Commission — member was only opposed to one aspect they would be forced into voting no for the entire application. Mr. Lawson stated he asked them to take it piece by piece, vote that up or down, and assumed the last vote would be a vote to approve it, but it didn't happen like that. Mr. Lawson stated that the applicant is asking for an amendment to his PCD. Mr. Lawson said he felt the Board should vote, and see which pieces of it would be amended or not.. There was a lengthy discussion on the PCD, particularly on the head -in parking issue, and the music on the deck, the volume of the music, and the violations of the PCD over a period of time, and hours of operation, and the fact that the applicant has not corrected the violations. Director Cazort asked Mr. Lawson if this came to him new, would he support it. Mr. Lawson said he would not, because parking is a major issue, and the landscaping is a requirement. Mr. Lawson said an agreement had been reached on the music on the deck (it would be eliminated) and the landscaping agreement had been worked out. The parking and half street improvements are the issue. Mr. Derrick Davidson, 425 W. Capital, stated that he, along with Chris Travis, 425 W. Capitol, represented Costello's, which is also know as the Cross -eyed Pig. He said they were there to help a Little Rock business to stay in business and the things being discussed threaten the livelihood of Mr. Michael's business. He said the original use of the property on May 12, 2000 was a cigar shop and a mobile restaurant. On May 12th an application was submitted to the Little Rock Planning Commission for the desired use of a cigar shop, a private club and a restaurant. In connection with that original application Costello's had to submit a site plan that identified what the site would look like. Included in that site plan was the elimination of front -end parking. At that time other parking arrangements were available, easements were in place and there were some agreements about parking across he street, and that is the main issue that has changed leaving the only place for Mr. Michaels customers to park is on the lot he presently has. He said the Alcohol & Beverage Control Board's permit allows him to stay open until 2 AM, which is what he is requesting, and would like to continue for the restaurant to stay open until 11 PM. The final issue being the music, and Mr. Michaels has dropped that, and had hope they could have music inside. Mr. Davidson requested two things, one a waiver of the requirement that he place landscaping in the places where his seven critical parking places are located right now, in front of his business, and the second thing is to amend the original PCD zoning permit to allow his private club to remain open until 2 AM and his restaurant to remain open until 11 PM. Director Adcock asked Jim Lawson, Planning Director when the new rule was started that would eliminate all head -in parking. Mr. Lawson explained that they would have to pull each file and look at it, but these particular businesses did not ask to be rezoned, they did not ask for a PCD, to do a higher intense use. Mr. Lawson said this is a rezoning request. Mr. Lawson said what they have done in the past if an applicant was changing the use of their building, or are adding to the building to double in size. For example, they would bring in street improvements, sidewalks and the other related issues. He said if all they were doing is just redoing the outside, the fagade, then it would not. Director Adcock asked Mr. Lawson to look at the addresses of the buildings that Mr. Michaels had supplied to make sure every applicant receives the same treatment, and make sure what triggers taking away all the off - street parking. Speakers in opposition were: Mr. Roger Clark, 1708 Iris Ave., saying it wasn't an issue about parking from the residents, it was about sleeping at night, about having an area where families can be raised without worrying about lewd behavior, loud music, etc. Ms. Donna McClelland, 3700 Cantrell Road, Manager of the Riviera Apartments on Cantrell Road, said she has received many complaints about the noise coming from the Cross -eyed Pig, which continues up until today and asked that the music on the deck not be allowed to continue. Mr. John Gaiser, 8 Redcoat Lane, stated he owned the Buffalo Grill Restaurant at 1611 Rebsamen Park Road, Mr. Gaiser said Mr. Michaels has two years and counting for non - compliance with his PCD. Mr. Gaiser said he pays Mr. Ed David every month to use the parking lot across the street. He said when he bought his restaurant in 1984 one of the first things he did was look at the long term lease on that parking lot, because he knew if he didn't have parking, he didn't have a business, and his business decision were made accordingly and said he spends a lot of money every year to rent that property. He said he and Mr. David had just spent a lot of money to repave it. He said there had never been an agreement with anyone other than 0 Minutes: June 4, 2002 he and Mr. David for the parking across the street. He said they have now hired an off- duty policeman to regulate who is parking on this lot, because Mr. Michaels is not taking care of his business responsibilities. He said the Board to uphold the Planning Commission's decision. Mr. Ed David, 1619 Rebsamen Park Road, stated the Faded Rose complied with the provisions of the City Code when they asked for the permits. He said he was told he had to do the curbing, sidewalks, landscaping, and spent in the neighborhood of $30,000 to comply. He felt the rules should be the same for everyone. He said Mr. Michaels has made a series of bad business decisions and wants those in this room to pay for them, and felt the Planning Commission has made a very judicious decision. Mr. Michaels was told on May 9 "he could not operate the deck past 10 PM, and the deck has been opening at least fifteen nights past midnight since then. He stated the parking in the lot across the street was never an issue until he tore out the cigar store and put in a live music club, and did not think the city planned to approve a full restaurant and a music club in a residential area. He recommended that this application be denied, and the true remedy is to rescind Ordinance 18,313. Mr. Chris Barrier, 425 W. Capitol, representing the ownership of the Faded Rose and the Buffalo Grill, stated Mr. Michaels original application was based on the implication that they had the use of the parking across the street, which is inadequate for those two buildings. Michael's original negotiations with these neighbors were based on misrepresentations as to what the use would be. He asked for consideration of Mr. Clark and his neighbors in regard to the noise. He said that Mr. Michael has proved he cannot operate a restaurant consistently without problems of noise and complaints and did not know that there was any reason to put any faith in his suggestions now. He asked the Board to leave the closing time at 10 PM, deal with the head -in parking with what is obviously a different situation than main thoroughfares, and make people stick by what they said they would do. Mr. Randy Wyatt, said this is about two business owners disagreeing about the nature of their businesses. He said he has historically carried his family to that area to eat, parked in the lot being discussed, and then made a decision where to eat. He said there should not be this kind of controversy going on. He said this falls in some way on the Board and even on the City to arbitrate these issues to some solution. He said this about getting along and suggested some solution be facilitated outside of this venue. He said he would like to see the city board make an effort to get these businesses together and find resolution, so that when visitors come to town they can go to that area without having to think about where they are going to park, or what I am going to eat, until they get there. He said on Wednesday afternoons he and a group of friends go play golf and when finished go either to the Cross -eyed Pig or the Buffalo Grill and have dinner. Mr. Wyatt said he had never been in the Cross -eyed pig when a "band" was playing; that all he had ever heard was a single guitar with a microphone and amplifier for voice. He said he agreed the music should stop when the Faded Rose closes. He said as far as parking, the extra landscaping should be done, and there should be some flexibility, and believed Mr. Michaels could keep the parking in the front, turn the music on until 10:30 or 11:00 PM when the Faded Rose closes, and could work out some kind of agreement to share the lot across the street. Mr. Anthony Michaels, owner of the Cross -eyed Pig, said he was not trying to be the exception to the rule on the font end parking; there have been other examples of remodels and; and said he was naive about how important parking spaces are, and was now in a situation where the seven front parking spaces are very necessary for him to survive in his business. He said they did start out with a cigar shop and sold alcohol in 1999 and there was no problem, he said there was no problem when they applied for adding a restaurant, and thought the restaurants and barbeque would work out great, but the cigar industry kept dropping, and over two years dropped about 30 to 40 percent each year. In trying to survive, he tried to adapt, and tried to fight for his front parking as he is doing now, and did add landscaping to the front. He said he was trying to keep the business in existence. He said they do a lot of business after 10 PM, and he said if the Board feels that all bands should be dropped, he would drop all the live bands. He said to keep the front -end parking and his original hours of operation; he would compromise and not have the live music at all. Director Adcock asked if on Item 30, he would compromise to a deferral rather than a waiver. Mr. Michaels said he would do that. Director Lichty stated he saw nothing in the record that has indicated Mr. Michael's willingness to act as a good business partner in the area. He said he felt Mr. Michaels had put himself in a hole and was looking to the Board to give him a way out. Director Lichty asked Mr. Lawson to clarify what would happen if the appeal were denied. Mr. Lawson answered that Mr. Michael would be allowed to keep the restaurant, keep the deck with no music, serve food on the deck and able to have the private club but would be open until 10 PM. Mr. Lawson stated the closing hour could be amended to 11 PM., the same as the Faded Rose Restaurant. Director Lichty stated this was what he was in favor of. Mr. Lawson said they have been trying to work with Mr. Michaels on all the issues that have been discussed. He said Mr. Michaels would agree to do certain things, and then not do them, and it has been back and forth over the past couple of years. Director Kumpuris asked if the city had any complicity in this. Mr. Carpenter stated the question before the Board is whether to change what is there now and if the Board thinks it is a mistake then the land use change should not be granted.. Even if a mistake were made at the beginning, the land use question is what the Board must decide. Director 10 Minutes: June 4, 2002 Adcock moved to change Item 30 to a five -year deferral until developments are made to abutting property that would trigger the requirements, rather than a waiver. Director Wyrick seconded the motion. The motion failed by a vote of 3 yes, 7 no. Directors Adcock, and Wyrick, Pugh voted yes; Directors Pugh, Hinton, Lichty, Keck, Graves, Kumpuris, Vice Mayor Cazort, and Mayor Dailey voted no. Director Keck made a motion that the rules be suspended on Item 29, the PCD, and placed on second reading; Director Lichty seconded the motion. It was determined by the Clerk that the ordinance had not been read the first time. Director Keck withdrew the motion. Item 29 was read the first time. Vice Mayor Cazort made the motion to suspend the rules and place the ordinance on second reading, Director Keck seconded the motion. A roll call vote was taken and recorded as follows: Director Pugh, no, Hinton, no, Lichty, yes, Keck, yes, Wyrick no, Kumpuris, yes, Graves, yes, Adcock, no, Vice Mayor Cazort, yes, Mayor Dailey, yes. The motion failed. Mayor Dailey asked the clerk to read Item 30 the first time. The item was read the first time. Vice Mayor Cazort made the motion to suspend the rules and place the ordinance on second reading. Director Keck seconded the motion. A voice vote was taken and recorded as follows: Director Pugh, no, Hinton, no, Lichty, yes, Keck, yes, Wyrick no, Kumpuris, yes, Graves, yes, Adcock, no, Vice Mayor Cazort, yes, Mayor Dailey, yes. The motion failed. Mayor Dailey asked those who voted in opposition what they wished to accomplish in the next two weeks. Director Adcock stated , to quote Mr. Randy Wyatt, "It's time everybody got together." Mayor Dailey stated put in its simplest terms, there should be some way to work this out, but at the same time, in his opinion, didn't think it was the Board's issue. Cy Carney, City Manager, stated he did not plan to direct the staff to be involved in this, and it was between the private groups and there would be no staff involvement. Director Wyrick stated she had seen some compromises from the applicant today, as he was not opposed to 11 o'clock closing, and he had agreed to no music, and thought that was what the neighborhood wanted; and would say something could be worked out on the head -in parking until someone in the area, or abutting parking changed, and would vote on that tonight if the applicant would amend to that. Mayor Dailey stated that would be something that needed to be thought of in the next fourteen days. Director Adcock asked for clarification of Mr. Carney's remarks. Mr. Carney stated the city staff would not be involved in facilitating any of the mediation between the businesses. Mr. Carney stated if the private parties can agree, staff would put it in some form. Director Adcock stated that was not what she asked. Director Wyrick stated she was not asking for the private parties to get together, she was talking about amendments to the application that are strictly for that particular applicant, but didn't know why staff would not work with the applicant on that. Director Adcock stated that was what she was asking, for Mr. Lawson and his staff work with the applicant, not to mediate the meeting between the businesses. Mr. Carney stated staff does not have much confidence in the applicant based on their performance from two years ago. If the applicant is willing to put in writing what they are willing to do based on their discussion, staff would be glad to take that and put it in some form for the Board. Tom Carpenter, City Attorney, stated regarding the discussions tonight about what has or has not been done, there is a revocation procedure for the revocation of a PCD, which is somewhat lengthy, but perhaps with the particular PCD, the failure to comply would lead to its revocation as opposed to having to take an enforcement action. 31. ORDINANCE - To authorize the issuance and sale of Capital Improvement Revenue Bonds, Series 2002, to finance a performance based contract, previously approved; to provide for the payment of the principal and interest on the Bonds; to prescribe other matters relating thereto; and to declare an emergency. (Deferred) 32. REPORT - Little Rock Board of Directors Vice Mayor Cazort asked Mr. Carney to follow up on a response from Comcast regarding a complaint filed by Ms. Thomas regarding actions that were taken by Comcast wrongfully getting into her bank account to collect a bill she didn't owe. He also asked if when the RFP's went out for towing services, it would be done with rates that are similar or comparative with other cities and state agencies in the surrounding areas. Mr. Carney stated the specification package is in the process of being put together for the bidding process, and there have been a number of suggestions from the Board and others regarding the level of service. He said the current fee is $55.00 per tow, a 10% increase from last years total. He said the suggestions have ranged from keeping it the same to as high as $125.00. He said they have looked at the analysis of al the fees and it appears the $70.00 figure and 15% city franchise fee yields the most dollars per year in terms of the city's share. He said that is the figure that has been placed into the specification package and is out this week. He said the current contract has been extended for one month, and the Board would see the proposals in the month of July. Director Cazort asked for a copy of rates charged by other cities in Pulaski County, State Police and Benton, Conway, Cabot. Mr. Carney said staff would put that together. Director Cazort asked about stepping back to see if the city would not save a lot of money out of the budget by going back and privatizing that action again. 11 Minutes: June 4, 2002 33. REPORT - Financial Report Discussion — Deferred to the reconvened meeting, June 11, 2002. 34. REPORT - City Manager's Activity Report — no report. 35. RESOLUTION NO. 11, 300- To appoint a commissioner to the CATA Board. Director Keck made a motion to recess, Vice Mayor Cazort seconded the motion, and by unanimous voice vote of the Board members present the meeting was recessed to June 11, 2002 for the purpose of the Financial Report discussion and Vision Little Rock Recommendations. The meeting recessed at 10:25 PM. ATTEST: Citj Clerk 12 APPROVED: Myor