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HomeMy WebLinkAbout05-06-03Minutes: May 6, 2003 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham May 6, 2003 6 :00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Pugh, Vice Mayor Hinton, Adcock, Stewart, Graves, Hurst, Keck, Kumpuris, Cazort, and Mayor Dailey. Directors Cazort and Vice Mayor Hinton were not present at roll call. Directors Kumpuris and Adcock enrolled at 6:05 P.M. Director Wyrick was absent. Vice Mayor Hinton gave the Invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. M.I. PRESENTATION: Catholic High Quiz Bowl Team M -2. PRESENTATION: Little Rock Marathon M -3. PRESENTATION: Wild Night Under the Stars — Mike Blakely DEFERRAL: 30. ORDINANCE To require an election before any land that is dedicated for park purposes, or shown on the Parks Master Plan is subject to alienation; to declare an emergency; and for other purposes. Staff recommends denial. Director Hurst asked that Item 30 be placed on the agenda in two weeks. Director Pugh, who sponsored the ordinance agreed to this date. Director Keck made a motion to hold items 31 and 32 to a reconvened meeting in one -- week, due to the fact that another version of the ordinance had been received today, and he had not had a chance to see either ordinance. Director Keck felt it was not good policy to act on something that the Board had not been able to review. Director Stewart seconded the motion. By unanimous voice vote of the Board members present the items were deferred to May 13, 2003. Director Hurst stated in light of the fact that there would now be a reconvened meeting, wanted to make a motion to place Item 30 on the reconvened meeting agenda. Director Keck seconded the motion. Director Hurst stated there are four or five park related issues that are on hold until a decision can be reached on Item 30. Director Pugh stated she felt more discussion was needed and did not know if it could be done by next week. Mayor Dailey stated his thought was that if the Board voted yes to place this on the reconvened meeting agenda; if the item was not ready by May 13th, it could be dealt with at that time. Director Pugh agreed to this date. By unanimous voice vote of the Board members present, the item was deferred to May 13, 2003. Mayor Dailey asked Director Keck if his questions regarding Item 18 had been answered, and if so, could place Item 18 with the Grouped Items. Mayor Dailey stated that Mr. Lawson, Director of Planning and Development has requested that Item 15 be deferred for two weeks as there were some issues and concerns still being addressed regarding this item. Mr. Carpenter stated that Items 25 and 26 would be combined into one resolution, and Item 16 be read once or twice tonight, due to some language to be amended. A motion was made by Director Adcock to make changes to the agenda as outlined; Director Pugh seconded the motion. By unanimous voice vote of the Board members present, the changes were made. PRESENTATIONS: Arkansas MathCounts Team — Coach Trela Cook introduced the team and announced the team would be moving on to a competition in Chicago on May 9, 2003. Certificates from the City of Little Rock were presented to the coach, and team members. Minutes: May 6, 2003 Catholic High Quiz Bowl Team — Mayor Dailey explained that for the second consecutive year, Catholic School for Boys have advanced to the finals in the state championship of the Arkansas Governor's Quiz Bowl. They were the champions for the region, with seven members, who were then introduced. Little Rock Marathon — Mr. Bryan Day, Director of Parks and Recreation, introduced Ms. Gina Ferris, Geneva Hampton, and Mr. Bill Torrie. Mr. Torrie announced that they wanted to showcase both the beauty and the history of Little Rock, and believed that had been accomplished in the design of the course for the race. Mr. Torrie stated over 2200 people participated in the event. He said that a couple of celebrities were brought in for the event; people from all over the country, as well as four people from overseas participated in the event. Ms. Ferris and Ms. Hampton thanked all the organizations and volunteers who assisted in the event, especially the Parks Department, who had 127 people working the course. Director Hurst announced that Director Kumpuris had completed his first marathon and recognized Ms. Hampton and Ms. Ferris for their Olympic effort in the event. Wild Night Under the Stars — Mike Blakely, Director of the Little Rock Zoo, introduced Ms. Jane Dennis, president of Little Rock Civitans, and who partnered with the zoo in this fundraising event. Ms. Dennis announced the date of the event would be May 19th, 2003. She stated events included be an outdoor dinner, live music, an auction, etc., and thanked the Board for their support. Mr. Blakely stated tickets were still available at the zoo. CONSENT AGENDA (1 -11) 1. MOTION - To approve minutes from Regular Board of Directors Meetings: February 18, 2003, March 4, 2003, March 18, 2003 and Special Meeting: March 11, 2003. 2. RESOLUTION NO. 11,499 - To amend the existing performance contract with Johnson Controls, Inc. to include partial window replacement at City Hall and installation of geothermal HVAC system at Public Works. Synopsis: Approval to amend the Johnson Controls performance contract that was executed by the City and Johnson Controls, Inc. (JCI) on August 28, 2002. 3. RESOLUTION NO. 11,500 - To set the date of public hearing for May 20, 2003 on the petition to abandon the right -of -way of the block of Dennison Street, between West 13th Street and Daisy L. Gaston Bates Drive, and portions of alleys located in Block 6 and 7, Park Addition. (Planning Commission: 7 yes, 1 no, 3 absent). Staff recommends approval. Synopsis: The Little Rock School District, in conjunction with the proposed rehabilitation and expansion of a parking lot, is requesting abandonment of the right -of -way of the 1300 Block of Dennison Street and portions of two abutting alleys in Blocks 6 and 7, Park Addition. 4. RESOLUTION NO. 11,501 - To set the date of public hearing for May 20, 2003 on a notice of appeal of the Planning Commission's action to deny the reclassification of property located at 9219 Stagecoach Road, in the City of Little Rock, Arkansas. 5. RESOLUTION NO. 11,502 - To enter into a contract with Aramark Uniform Services for the rental and cleaning of Fire Department uniform wear. 6. RESOLUTION NO. 11,503 - Awarding a contract to Township Builders, Inc. for streetscaping improvements along 3rd and Commerce Streets. Synopsis: Authorizes the City - - Manager to execute an agreement with the low bidder, Township Builders, Inc. for streetscape improvements that includes areas along the south side of 3rd Street between Ferry and Commerce Streets and along the east side of Commerce Street between 3rd and 4h Streets. 7. RESOLUTION NO. 11,504 - To execute an agreement with Entergy for utility line location along Commerce Street. Synopsis: Authorizes the City Manager to execute an agreement with Entergy for relocating overhead utility lines to underground service lines along the east side of Commerce Street between 2nd and 4th Streets. 2 Minutes: May 6, 2003 8. RESOLUTION NO. 11,505 - Awarding a contract to Planit Dirt for street improvements along John Barrow Road. Synopsis: Authorizes the City Manager to execute an agreement with the low bidder Planit Dirt for street widening improvements along John Barrow from I -630 to Mayflower Road along Henderson Middle School. 9. RESOLUTION NO. 11,506 - To make appointments to the Arts and Culture Commission; and for other purposes. 10. RESOLUTION NO. 11,507 - To authorize an agreement with Austin Construction to construct a restroom in Boyle Park. Synopsis: A resolution authorizing the City Manager to enter into a contract with Austin Construction, for bathroom construction at Boyle Park. 11. RESOLUTION NO. 11,508 - To authorize an agreement with Austin Construction to construct a restroom in Southside Park. synopsis: A resolution authorizing the City Manager to enter into a contract with Austin Construction, for bathroom construction at Southside Park. The Consent Agenda was read. Director Keck moved to adopt the Consent Agenda. Director Cazort seconded the motion. Director Adcock asked if Item 7 had to do with the River Rail and if so, how much it would cost. Mr. Bruce Moore, City Manager stated it did not, that it was apart of the Streetscape Project. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. CITIZENS COMMUNICATIONS Speaker: Ms. Jean Gordon Topic: Honoring Mr. Fred Darraugh Speaker: Pat Gee Topic: Sexually oriented businesses; re: progress being made to enact an ordinance to prohibit these businesses, near day care facilities. Speaker: Spencer Daily, Margaret Norton, Topic: John TV Mr. Dailey turned in a speaker card, but was not present to speak. Speaker: Joyce Williams Topic: Crime prevention in the Martin Luther King Corridor Speaker: Don Darnell Topic: 65th Street Alert Center — Asking for a bi- lingual Spanish speaking facilitator because of the large Hispanic population in that particular area according to the 2000 census. (Director Adcock stated there is a volunteer starting at that alert center on May 7tn, and she speaks Spanish and English. 4. Speaker Byron Norwood Topic: City service priorities 5. Speaker: Jesse Garrett Topic: Crime Issues in the Martin Luther King Corridor, burglaries, break -ins, drugs and prostitution, and spoke in support of John TV. 6. Speaker: Kathy Wells Topic: Crime increases in neighborhoods, and supported John TV. and nuisance abatement 7. Speaker: Terrance Bolden Topic: Crime issues, such as prostitution and patronizing prostitutes, drug usage, support of John TV., and encouraged citizens not to buy merchandise off the street, and to use LRNN to play up the fact that theft by receiving and prostitution would not be tolerated. 8. Speaker: Sharon Welch Blair Minutes: May 6, 2003 Topic: Crime issues, and support for John TV, and provided some history of cities using John TV. 9. Speaker: George Blevins Topic: Asked the Board to implement John TV., support for nuisance and abatement statutes, to close drug houses, don't buy merchandise off the street media campaign, and impoundment of those arrested for prostitution related offenses with a stiff fee required to retrieve their vehicle. 10. Speaker: Ed Jaros Topic: Firefighter's Annual Burn Center Fundraiser Golf Tournament, at Eagle Hill County Club on June 2, 2003. He stated this is the eleventh year the City of Little Rock Firefighters have sponsored this event and have raised over $100,000 for the burn center of the Arkansas Children's Hospital. Speaker: Troy Laha Topic: Thanked Mr. Ed Davis and his staff at Animal Control for taking care of the Pit Bull situation on his street, and thanked the Fire Department and MEMS for quick response to an emergency. Director Pugh made a motion to have John TV. placed on the agenda for May 20th for discussion by the Board. Director Stewart seconded the motion. By unanimous voice vote of the Board members present, the motion carried. Director Stewart asked that the Police Chief be present for this discussion. Director Cazort asked the City Attorney, Tom Carpenter to send out a memo on concerns about the constitutionality of this program, and what point in the criminal process, the city is outside of liability for exercising this type of program. Director Stewart asked for feedback on Surveillance TV. Mr. Carpenter asked if this could be done on May 27th rather than on May 20th. The Board agreed to this date. GROUPED ITEMS: 12 -17 12. ORDINANCE NO. 18,859 - Z- 2790 -A — To reclassify property located within the 9100 Block of Kanis Road (south side) from C -3 (General Commercial District) to 0-3 (General Office District) in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent). Staff recommends approval. Synopsis: The owner of the undeveloped 3.281 acre tract located within the 9100 Block of Kanis Road (south side) is requesting that the zoning be reclassified from C -3 to 0-3. 13. ORDINANCE NO. 18,861 - To amend the Land Use Plan (16,222) in the Rodney Parham District from various to single family, low density residential, multi - family, public instructional, and open space along Mara Lynn as well as between Hinson and Rainwood Roads; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent). Staff recommends approval. Synopsis: Amendments in the Rodney Parham Planning District to make the Land Use Plan more representative of what is currently developed and likely to develop in the area. 14. ORDINANCE NO. 18,862 - Z -7377 - To reclassify property located along the north side of Cantrell Road (Hwy. 10), approximately 0.4 miles east of Ferndale Cut -Off Road from R -2 (Single Family Residential) to AF (Agriculture and Forestry District) in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. synopsis: The owner of the undeveloped 8.53 -acre tract located along the north side of Cantrell Road (Hwy. 10) approximately 0.4 miles east of Ferndale Cut -Off Road is requesting that the zoning be reclassified from R -2 to AF. 11 Minutes: May 6, 2003 15. ORDINANCE NO. 18,863 - Z -7378 - To reclassify property located along the west side of Mabelvale Pike approximately 600 feet south of Interstate 30 from R -2 (Single Family Residential) to C -4 (Open Display District) in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 8 yes, 0 no, 3 absent.) Staff recommends approval. Synopsis: The owner of the undeveloped 3.4 acre tract along the west side of Mabelvale Pike, approximately 600 feet south of 1 -30 is requesting that the zoning be reclassified from R -3 to C -4. Item was deferred 16. ORDINANCE - Amending various provisions of Chapter 31 and 36; the 2002 -2003 Zoning and Subdivision Ordinance Amendment package. (Planning Commission: 8 yes, 0 no, 3 absent). Staff recommends approval. Held on First reading until may 13, 2003. 17. ORDINANCE NO. 18,864 - Amending various provision of Chapter 36, the Zoning Ordinance, regarding Planned Zoning Districts. (Planning Commission: 8 yes, 0 no, 3 absent). Staff recommends approval. 18. ORDINANCE NO. 18,860 - Authorizing the issuance of a promissory note to provide Short -Term Financing under Amendment No. 78 to the Arkansas Constitution for the acquisition, construction and installation of real and tangible personal property; and prescribing other matters pertaining thereto. Synopsis: In its meeting of March 4, 2003, the Board adopted a reimbursement resolution authorizing the acquisition of up to $4,130,000 of vehicles, equipment, and buildings the cost of which would be financed through the use of short-term financing. Total acquisitions are anticipated to cost $4,238,434. With cost of issuance included, the amount of short- term financing will be $4,250,000. The ordinance authorizes the issuance of the short-term note and gives the Mayor, City clerk, and Treasurer the authority to take the necessary actions to complete the issuance. The grouped ordinances were read the first time (excluding Item 15, which had been deferred, and to leave Item 16 on first reading). The rules were suspended by unanimous voice vote of the Board members present, being two - thirds in number, to provide for the second and third readings of the ordinances. The ordinances (excluding Items 15 and 16) were read the second and third times. By unanimous voice vote of the Board members present, the ordinances (excluding items 15 and 16) were passed. SEPARATE ITEMS 19 -35 19. ORDINANCE NO. Z- 4562 -B — Approving a Planned Zoning Development and establishing a Planned Residential District titled Hickory Grove Long -Form PDR located on the Westside of Hinson Road just south of Pebble Beach Woods Subdivision in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 9 yes, 0 no, 2 absent) Staff recommends approval. Synopsis: The applicant proposes to rezone the site from MF -6 to PDR to allow the construction of an 83 unit zero lot line owner occur pied townhouse development. 20. ORDINANCE - S- 1135 -C — Granting a variance from Various Lot Development Standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow lots without public street frontage, a variance to allow an increased lot depth to width ratio and variance to allow double frontage lots for the Hickory Grove Subdivision Preliminary Plat located on the west side of Hinson Road just south of the Pebble Beach Woods Subdivision. (Planning Commission: 9 yes„ 0 no. 2 absent). Staff recommends approval. Synopsis: The applicant proposes to rezone the site MF -6 to PDR and establish an 83 lot, zero lot lien development. The plat will require variances The ordinances (Items 19 and 20) were read the first time. Melvin Mayfield spoke in opposition of the item. Director Adcock, seconded by Director Cazort made a motion to suspend the rules and place the item on second reading. By unanimous voice vote of the Board members present, being two thirds in number, suspended the rules to provide for the second reading. Director Keck asked Mr. Carpenter, as a matter of parliamentary procedure, what he would need to do to offer an amendment to not connect the streets. Mr. Carpenter stated that it would need to go back to the Planning Commission because it is a substantial change. The ordinances were read the second time. Director Adcock, seconded by Director Cazort moved to suspend the rules and place the ordinances on Minutes: May 6, 2003 third and final reading. Director Keck stated he felt there was sufficient reason to send these items back to the Planning Commission. He stated that while the Master Street Plan was modified to include this in 1995, this street connecting to Hinson Road was not present at the time people purchased their property and felt this was a change that needed to occur and asked to send the item back to the Planning Commission for consideration. Mayor Dailey stated the spirit of the motion before the Board is to proceed with the third reading. Mr. Carpenter stated if the ordinance were read the third time, it would require a vote. Director Adcock with drew her motion to suspend the rules, and Director Cazort withdrew his second. Director Keck made the motion to send the ordinances back to the Planning Commission; Director Adcock seconded the motion, by a majority roll call vote of the Board members present, the ordinances were sent back to the Planning Commission for further evaluation. The vote was recorded as follows: Director Pugh, yes, Hurst yes, Cazort, no, Keck yes, Stewart, yes, Kumpuris, no, Graves, no, Adcock yes, Vice Mayor Hinton yes, Mayor Dailey no. Director Wyrick was absent. 21. ORDINANCE Z- 5224 -1— Approving a Planned Zoning Development and establishing a Planned Commercial District titled TNT Fireworks Revised Short -Form PCD located at 18220 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: 7 yes, 2 no, 2 absent). Staff recommends approval. (First Reading on April 15, 2003) Synopsis: The applicant proposes to revise a previously approved PCD to allow the seasonal sale of fireworks from the site. The proposed annual dates are from June 20`" to July 4th. The ordinance was read the second time. Director Adcock made the motion to suspend the rules and place the ordinance on third and final reading. Director Cazort, seconded the motion, and by unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended to provide for the third reading. The ordinance was read the third time. Mr. Jamey Johnson, applicant, asked the Board to support the Planning Commission's recommendation to approve the PCD. He stated the city currently allows firework locations to sell directly outside the city limits, such as at Baseline and Arch Street, and at Kanis, Kirby and Cooper Orbit Road. He stated they were committed to improving the long -term safety of the area by installing fire hydrants at this location at no cost to the city. There was discussion regarding parking, organizations that would operate the business if approved, and the location of this particular piece of property, parking problems, and placing this type of business among residences, and which fire department would respond in the event of a fire. Mr. Keith Jackson, representing residents at North Ridge Road, who are located directly behind the petitioner's property zoning application. He presented a petition signed by five of the eight residents of North Ridge Road in opposition to the application. He asked the Board to turn down this application. Mr. Ed Jaros, speaking as a citizen, stated he works at Fire Station 16, and has a pretty good knowledge of the area. He stated his biggest concern was the City of Little Rock did not have the resources to enforce the mis -use of fireworks within the city. He said every Forth of July, the Fire Department runs non -stop on calls due to fireworks being used in the City of Little Rock. He said it doesn't make sense to use manpower, and equipment on something that can be cut down on or stopped. He said he was opposed to fireworks in general, and though personal knowledge, knew that Children's Hospital always have an influx of new patients with injury related to fireworks, and felt it was wrong to allow the sale of fireworks this close to the city limits that would cost City tax dollars. Director Graves asked for clarification as to why staff is supportive of the application. Mr. Jim Lawson, Director of Planning and Development, stated this property was zoned for Planned Commercial Development some years prior. He stated when the request came in to sell fire works, at the Planning Commission level, it was not the same type of discussion the Board of Directors is having tonight. He said the Planning Commission discussion was regarding amending the PCD to sell fireworks. He said it would have been the same discussion if they were selling firewood. He stated that the discussion of not allowing this because it is in the City was not discussed. Mr. Lawson stated as far as staff is concerned this type of business is allowed in this area. He stated staff has told people over and over that the City is not going to enforce any City regulations in its extra - territorial control, other than zoning. He stated for staff to exercise this control was contrary to what has been done before. on Minutes: May 6, 2003 Director Adcock asked Mr. Carpenter, City Attorney, if because the neighbors have concern, and feel it would cause harm to their neighborhood, could the Board vote not to allow this land use. Mr. Carpenter stated he felt that was a valid policy decision. Director Cazort asked if the applicant could reapply for a zoning change to commercial; and then being outside the City they could sale fireworks as of right. Mr. Lawson stated this was correct. Mr. Lawson stated staff would be opposed to changing the zoning. Director Cazort asked Mr. Lawson if, they could go anywhere else other than this particular location and sell fireworks as of right in a Commercially zoned area. Mr. Lawson stated that was correct. Mayor Dailey called for a roll call vote, which was recorded as follows: Director Pugh, no, Hurst, no, Cazort, present, Keck, no, Stewart, no, Kumpuris, no, Graves, no, Adcock, no, Vice Mayor Hinton, no. Director Wyrick was absent. The ordinance failed. The Board was recessed at 8:00 PM for a break. The meeting reconvened at 8:25 PM. 22. ORDINANCE - LU03 -04 -02 - To amend Land Use Plan (16,222) to reclassify property located at "A" Street and Van Buren Street from Office to Commercial. (Planning Commission: 6 yes, 2 no, 3 absent). Staff recommends denial. Synopsis: Land Use Plan amendments in the Heights Hillcrest Planning District from Office to Commercial for future development. 23. ORDINANCE - Z- 5875 -B - To reclassify property located at 5101 "A" Street from R -3 (Single Family Residential) to C -3 (General Commercial District) 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, 2 no, 3 absent.) Staff recommends denial. Synopsis: The owner of the property at 5101 "A" Street is requesting that the zoning be reclassified from R -3 to C -3. The ordinances in Item 22 and 23 were read the first time. Mr. Jim Lawson, Director of Planning and Development, stated that there were two issues involved in Items 22 and 23. He explained staff s position in denial of the application. Mr. Lawson stated the City's Land Use Plan does not show this as a commercial area, it shows it as an office area, and staff feels that line should be maintained at this point in time. He stated the more important issues is that this is a small lot, a fifty foot wide lot, and by the time the necessary right -of -way is dedicated the lot would only be thirty -nine feet wide. He stated that nothing could be built on thirty -nine feet. He said the landscape ordinance could not be met, the parking ordinance, or any of the required ordinances. Mr. Lawson stated he felt this piece of property should not be rezoned, because it is known that it cannot be developed without waiving all required ordinances, and he recommended that if the applicant has a PCD or Development and wants to come in and present that development to staff, they would be glad to look at it. Mr. Morris Harper, applicant, spoke in favor of the ordinances. Mr. Harper asked the Board to approve the application due to the question of equity. He stated that all lots in this area have been rezoned commercial except this lot. He felt property values would be diminished if this property were not rezoned. He stated he had heard no objection to this proposal. Ms. Ruth Bell and Mr. Chris Barrier spoke in opposition to the rezoning stating that there was no problem with the applicant coming in with a specific project and going through the process, but objected to an applicant asking for a rezoning of an admittedly odd lot in terms of square footage and shape , and wanting all the uses one could ask for on a C -3 zoning which is pretty extensive, and were opposed to getting zoning the applicant can't use, and to the process used for sending out notices. The rules were suspended by voice vote of the Board members present, being two - thirds in number to provide for the second and third readings of the ordinance. The ordinances were read the second and third times. A roll call vote was taken and recorded as follows: Directors: Pugh, Hurst, Cazort, Keck, Stewart, Kumpuris, Graves, Vice mayor Hinton, and Mayor Dailey voted no. Director Adcock voted yes. Director Wyrick was absent. The ordinances failed. 24. PUBLIC HEARING & RESOLUTION - Z- 7270 -A - To rescind the Little Rock Planning Commission's action in denying a Conditional Use Permit to allow a Sonic Drive -In Restaurant on the C -3 zoned property located at 2917 Cantrell Road. Planning 7 Minutes: May 6, 2003 Commission: 5 yes, 5 no, I absent) Staff recommends denial of the resolution. (Public Hearing was re -set April], 2003 for May 6, 2003) Synopsis: The authorized agent of Sonic Restaurants, Inc., CEI Engineering, is appealing the Planning Commission's action in denying a Conditional use Permit to allow a Sonic Drive -In on the C -3 zoned property at 2917 Cantrell Road. Mayor Dailey opened the public hearing. Mr. Jim Lawson, Planning and Development Director, briefly reviewed the application. He stated this application was denied by the Planning Commission (the vote was 5 yes and 5 no) that the rules of the Commission are that it takes 6 positive votes for anything to be approved. He stated this property was formerly a Steak and Ale Restaurant, and is currently zoned C -3. He stated the way the City's ordinance is set up, a drive -in, as compared to a sit -down restaurant, is not allowed by right and takes a CUP in order to do this. Staff's main concern is that there is no left turn lane. He said there are places to pull in and order, there is a drive through window to order and drive on, and anticipated this would create quite a few trips. He said the application has been amended to state the applicant would not have music at the site, and they agreed to not have an outside seating area. He stated the main concerns of the citizens in the area is the traffic on Hwy 10, the noise of the speaker boxes of people placing orders, and the fact that there would be a lot of vehicles coming in and out of the establishment. Mr. Randy Frazier, the attorney representing the Sonic Corporation, stated there are sixteen Sonics in the metropolitan area. He stated in this area there are no fast -food restaurants. He stated Sonic statistics show that the customers who frequent Sonic leave or work within two to three miles of that particular site. He said it does not significantly increase traffic patterns because the people live and work in that area to begin with, and that 15% of the business would be between the breakfast hours and 50 % would occur during the lunch period. He stated this would not be as intensive of a use as some of the fast food establishments. He stated that there are numerous fast food establishments, convenience stores with gas pumps, laundromats, multifamily dwellings, etc, that could go in this area by right, that would not have to come before the Board or the Planning Commission for a Conditional Use Permit. Mr. Frazier stated they had met with the neighbors, and listened to their concerns regarding noise, but unfortunately they do not like the application and have the right to feel that way. Other issues addressed traffic concerns, noise levels, and hours of operation, lighting, and parking, liter control. Ruth Bell, Robin Mays, Mary Healey, Max Brantley spoke in opposition to the Sonic application. Their concerns was the noise traveling up to their residence, saying they can hear the speakers from Riverside Motors located on Cantrell Road, that the valley creates a natural amphitheatre, the constant traffic seven days a week, the fact that City staff has denied the application, were all reasons they would ask the Board to support that the decision made by the Planning Commission. A motion was made by Director Graves to pass the ordinance, seconded by Director Keck. A roll call vote was taken and recorded as follows; Directors: Pugh, Hurst, Cazort, Stewart, Kumpuris, Adcock, Vice Mayor Hinton, Mayor Dailey voted no. Directors Keck and Graves voted yes, Director Wyrick was absent. The ordinance failed. 25. RESOLUTION NO. 11,509 — To authorize the City Manager to enter into purchase agreements and air right leases with First Security, Little Rock Newspapers, Inc. and Moses, Tucker Investments for the acquisition of property rights required to construct Municipal Parking Garage in the River Market District and for other purposes. Mr. Carpenter overviewed each of the items connected to the City Parking Garage. Director Stewart stated none of the Board members have had a chance to review the new material presented on these items tonight, and stated she had asked Mr. Carpenter earlier, if there would be a problem in delaying action on this item. She said going back to policy, any item the Board has not reviewed, her motion would be to set this aside and put it back on next Tuesday, giving the Board a chance to review the new material. There was no second to the motion. Mayor Dailey stated that the concept has remained the same throughout the process, and that Mr. Carpenter sometimes works up to the last minute on legal aspects, but did not feel this changed anything on what has previous been discussed. Director Stewart stated that a policy was put in place, maybe four years ago, that any document that is presented to the Board during a Board meeting and the Board has not reviewed it, policy stated it is not to be acted upon, and that she had not reviewed it. Director Kumpuris stated he felt the Board had gone over this issue enough, including Minutes: May 6, 2003 a week ago, where he went over all aspects of this project and that this project has a domino effect. He stated when this is enacted, other things happen in the private sector based on what the Board does. They cannot move forward without the Board approving the ordinance. He said the week does make a difference in that situation. As a business proposition, getting these two things together that has been worked on for a year and a half makes a difference. Director Stewart stated that was not what Mr. Carpenter had explained to her. Director Kumpuris stated this is an extraordinarily complicated set of circumstances where the City has asked people to partner with the City and they are making deals based on what the Board is doing. Director Adcock made a motion that the Board takes a break, so that Director Stewart, and other Board members could review the new information and to come back in a short time, and pass it. Director Keck seconded the motion. By unanimous voice vote of the Board members present, the motion carried and the meeting was recessed. The meeting reconvened, and Mayor Dailey called the meeting back to order. Mr. Byron Norwood speaking in opposition to the parking garage stated he finds it appalling that this Board gets very creative when it wants to support projects that it feels are important. Projects like the Rivermarket, or the River Rail, which are more elective than actually necessary to support the entire citizenry of Little Rock. He asked what is more important than providing basic services. He said he did not consider the immediate need of the City to be a parking deck. He said this creative ability diminished when there are projects that would really benefit the people who pay the Boards salaries and elect them to their positions. Director Kumpuris stated in order to have economic prosperity there has to be a long -range plan and thought the Board has been committed to a long -range plan. He stated there has been the first growth in Director Pugh's Ward in the history of fifty years, because people are coming back downtown. There will be two projects on line in the next year or two that will bring to the City 250,000 to 500,000 visitors a year that he hoped would spend lots of money, stay in the new hotels, and increase the economic base of this community, and by this, the City would be able to start doing some of the things in the neighborhoods. Director Kumpuris said there has been an urban renewal of over 55 acres downtown, and thought these were the long -term economic engines. Mr. Jimmy Moses, part of the development team working on the First Securities Center, which would sit adjacent to the new parking deck. He stated this center would be developed provided this parking garage is — developed, that it would create a new $25,000,000 investment in the city and increase the tax rolls by approximately $300,000 per year annually which would give the city dollars to spend. Mr. Moses asked the Board to consider moving forward so that they could confirm their commitments to make this project happen. The resolution was read. Director Adcock moved for the adoption of the resolution with Director Cazort seconding the motion. By unanimous voice vote of the Board members present, the resolution was adopted. 27. RESOLUTION NO. 11,512 - Authorizing the City Manager to enter into a contract with East Harding Construction Company to build the Municipal Parking Garage and for other purposes. Director Keck made the motion for the adoption of the resolution, Director Adcock seconded the motion and by unanimous voice vote of the Board members present, the resolution was adopted. 28. PUBLIC HEARING & RESOLUTION NO. 11,510 - Authorizing the offering of up to $14,000,000 of City of Little Rock, Arkansas Capital Improvement Revenue Bonds (Downtown Parking Projects) Series 2003: and providing for other matters in connection therewith. Mayor Dailey opened the public hearing. Mr. Biles made a brief presentation over viewing the bonds, and the process to follow passage of the resolution. Mayor Dailey closed the public hearing. The resolution was read. Director Cazort moved for the adoption of the resolution, Director Adcock seconded the motion and by unanimous voice vote, the resolution was adopted. OTHER BUSINESS 29. RESOLUTION NO. — 11,511 - To authorize the Mayor to issue a letter of support for a 198 Unit apartment complex in the Valley Heights Apartment project on Cantrell Road. Synopsis: Approval of resolution authorizing the Mayor to issue a letter of support for a 198 -unit complex in the Valley Heights Apartment project on Cantrell Road. 6 Minutes: May 6, 2003 Director Adcock complimented the applicants for their efforts in meeting and working with the neighbors on this project. The resolution was read. Director Keck moved for the adoption of the resolution, Director Cazort seconded the motion, and by unanimous voice vote of the Board members present, the resolution was adopted. 30. ORDINANCE - To require an election before any land that is dedicated for park purposes, or shown on the Parks Master Plan is subject to alienation; to declare an emergency; and for other purposes. Staff recommends denial. Deferred to May 13, 2003.. 31. ORDINANCE - An ordinance to levy a one -half of one percent (0.5 %) Municipal Gross Receipts and Compensating Use Tax within the City of Little Rock, Arkansas to be used for Capital Improvements to City Infrastructure; to call a Special Election for July 22, 2003, on the question of whether to approve the levy of the tax; to establish a cap for purchases upon which the tax can be levied; to declare an emergency; and for other purposes. Deferred to May 13, 2003. 32. RESOLUTION - Of intent to create an Infrastructure Oversight Committee if substantial funds for infrastructure improvements become available to the City; and for other purposes. Deferred to May 13, 2003. 33. REPORT - City of Little Rock Board of Directors. Some of the issues brought up by the Board were drag racing between Hwy 5 and Colonel Glenn Road, and getting no response from the police department, and questions regarding the CATA Interlocal Agreement. 34. REPORT - City Manager's Activity Report — Mr. Bruce Moore announced the appointment of Mr. Guy Lowes to Public Works Director. A motion was made by Director Keck to recess; Director Cazort seconded the motion, and by unanimous voice vote the meeting was recessed at 10:55 PM to reconvene on May 13, 2003. ATTEST: Na cy Woo Ci lerk APPROVE: 10 Dailey yor