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The Preserve at Alder5,5jate
Page 1 of 2
Carney, Dana
From: Christy Marvel [christymarvel@yahoo.comj
Sent: Wednesday, December 11, 2013 10:09 AM
To: Carney, Dana
Subject: Re: aldersgate
Attachments: ML--L1--12-11-13--ALDERSGATE.pdf
Here is the plan with the changes we'd discussed. I have also added the calculations on the plan for you
showing the 1.5 requirement for your ease. Frank Riggins will be there on behalf of Marvelous
Landscapes for the meeting since I will be out of the country. Look this over; if you see any changes let
me know; otherwise, I will be you the copies you need for your files ... will three copies suffice?
Thank you Dana!
cMarvel.-
On Wednesday, December 11, 2013 9:26 AM, Christy Marvel <christymarvel@yahoo.com> wrote:
Yes sir I will get that to you soon :) thanks for the heads up on the date change. I will
change our notices accordingly... Talk to you soon!
cMarvel.-
Sent from my Phone
On Dec 11, 2013, at 8:53 AM, "Carney, Dana" <DCarney@littlerock.org> wrote:
The CBC Meeting in January has been moved to January 9 so make sure your notices have that date, not
Jan. 2 as was previously shown. Hate to ask but can you get the info to me soon so I can do the write-up?
From: Carney, Dana
Sent: Thursday, December 05, 2013 1:24 PM
To: 'Christy Marvel'
Subject: RE: This afternoon
just make the changes we talked about and get me 3 copies plus the electronic version. that should work
From: Christy Marvel [mailto:christymarvel@yahoo.corn]
Sent: Thursday, December 05, 2013 12:47 PM
To: Carney, Dana
Subject: Re: This afternoon
Hey Dana; just wanted to say thanks again for your help today. It was great seeing you too :)
Let me know if you see/want anything additional changed on the plan and I will get right on it!
Stay safe the next few days!!
cMarvel.-
On Wednesday, December 4, 2013 3:53 PM, "Carney, Dana" <DCamey _,littlerock.org> wrote:
morning's free until leave for CBC
-----Original Message -----
From: Christy Marvel [mailto:christymarvelOyahoo_ .com]
Sent: Wednesday, December 04, 2013 3:42 PM
12/11/2013
Page 2 of 2
To: Carney, Dana
Subject: Re: This afternoon
Hmmm okey doekey :) I'm still at the doctors office with gage getting his school physical so I
guess mr carney I will see you tomorrow!! When is good for you?
Get on out of there Dana... I'm sure you have extra unused time... Enjoy your evening and I
will get to see you tomorrow:)
Sent from my Phone
> On Dec 4, 2013, at 2:38 PM, "Carney, Dana" <DCarney@littlerock.org> wrote:
> Here until about 4:30
> -----Original Message-----
• From: Christy Marvel[mailto:christymarvel(o-)-yahoo.com]
> Sent: Wednesday, December 04, 2013 1:37 PM
> To: Carney, Dana
> Subject: This afternoon
> hello dc... Checking to see if you plan to be in the office this afternoon? I know you like to jet
out a lil early sometimes on Wednesday... I have a preliminary drawing for you to look at,
review and I need to simply file before tomorrow end of day...
> Thank you!
> Sent from my Phone
12/11/2013
Page 1 of 1
Carney, Dana
From: Gwen Gilbert [ggilbertcci c@att.net]
Sent: Thursday, January 02, 2014 2:15 PM
To: Carney, Dana
Cc: Adron Gilbert
Subject: The Preserve at Aldersgate
Attachments: Ownership Search.pdf; Ownership Search Notice.pdf; Ownership Notice Receipts.pdf; Ownership
Notice Receipts1.pdf
Dana,
Please see copies of the Ownership Notices for the property on Aldersgate Road in Little Rock.
Attached are the following:
1. Ownership Search from the Title Company
2. Notice of Public Hearing
3. Copies of Mailing Receipts
Please let me know if you have any questions. Thanks.
Kindest Regards,
Gwen Gilbert
Universal Housing Group LLC
PO Box 241667
Little Rock, AR 72223
501-954-7200 office
501-247-8040 cell
1/2/2014
Da:.tc: Sepu,, .€per 12, 2013
File Number: 1:3--011774-050
Prepared For: Cfwn- Qx1ben,
,A. driers Title Coi-npany has searched the of tLt, ReaEsca#e Peco_d.s of Puiasl Co,"nty, Al-kansaa
:o dete-rz3 im -die apnar>~nt ownership of prop wituhin 2DO feet of -the ptz.n Teter of the following described
prop as of.Au gps:'. 30, 2013 at UO &m.
A Trait of Eaad in Pulaski Co' rtV, :grkwisas; b .ag a part of the, NWJ /4, NWI,''4, ,Seriio u 101
RMMA4p l..av oath.. Rge.13 West: C ommeu chig, at the -No Y',b eas t. Corner of The, N-19114,1 W1/4,
Secdon 10, ffif See Sou:h along :�asl LirX of ffi N"YV 1/4, NW114, a distant,— of 46 0. 110 feet too the
Po,,.zn of &eghaning; thence :�nrVh 871, 41 4' V, 166.4 fg.et tt) r P:-• h t on tine last night-0f-way of
Intmrsate 43t);'dl-tence alone, S3.1d ri ;ht-of �Nuv 1 ne So-ath 021 31', 33.9 feet; thence South 070 24' W,
2010 feet; :science South 14' 36' E, 132,22 -Marmct e, S 02' 15' 30" E. 92.2 feet; thence depa:�ing
`- om right-of-way line. S 981, 28' r, 165.05 ::a; N € 2', 6' E, 454.5 feet to tine Point of
x3e�,inx�irz�
(DEEDED)
A t=i oIF, and. !n 1:.:it#le Rock, Masai County, emkans s being a pafl. c f ht I'N"Wi A, IdW1/4.
Section 10. `t'ovmshp 1 North :t-mge. 3 West,
Cotnimuc ng a: the iv'„ cor_1.or of the N-W1;4, N I /4, ;yeti:: n 10, Thence So?th along: the East
Lim, a distance of 460.00' to the, Point of Beginning; thence N 8 7°44' 23" W 196, `t0 feet to the East
ti
right-ofway of lute- state 430t t` e it;e S 01 °;:,3'Oa" R 33,62 fit; thane-, S 07" 31' 2911 W 202.60
flier:cc S 14' 39' 58" E 132.27 fwLt; th m S I' 39' 18" E °32. 1.9 feet tl;en e S 87' 56' 46" E
€ 55,05 fe~t; thence N 2' 3 T 30", E 453.2,3 feet to tb� -tat of be8imautgcontaining 00 aeres moree
F ullowi-ng 1s a list: of apparz-nt Ownury of Property v th n 200 feet of tie: perimeter of the above described.
pro-perty &-, refffizveby die, of the Real Esiate .Records of Pulass' 1 Counl;y', Arkansas:
OA L,=d Co. 1 LC, 10301 Kanis Road, Liale Rock, AR, 72205.
Miffman Prcaperties, LLC, 22816 Creel Aide Drive, U-nx : Uwk_ sAY,, 72211.
Ta��u1 Ijam i, P,O. Box '741'798, L1.tt1u B'._oek., AR, 72223,
Tava.1<.ol 1L on4 !, 15 0 .Ald rsgaft Road, Lhtle Rock, AR; 722015-6610,
This Start13 is f:zt-�ndtd Bbr the uxelusive u-se of the, address a, for iris.'orrna.taonal
purposes a:in y. Len:durs T'itie comp izy js e_k-PrWss!4 or atterrpdnq to ocpzss an opinion as to the •valldity
of the title to die above described pro elty or pro". noted as being within. 200 ieer thereof (eollechvely
r-fe-Tr d °i> IFS "tht pr6porb f'ii� -Cur Curacy of 1'.7.�7 i x?fii�5j not as to die "i-ahilit C� #x y hW95T3 or
eocmnl:a• =,ii bnth recm-ded mid imiecoi-ded, tbao- pain te: the propvzty Wh le Lenders Title Company
belieYves that the icz<bmiatinr seated above. is; acc:11=14, pro 2SSULT'.F i:"._'S 91-e iY aZie riot iS any liability assurnLd by
Lvn&.rs 1F.tic C ompa3 3T f�.v any incorxea infbxmado t Mte:d .he?eia or oanittW IR=from, For assurances as to
the title to the Property, ad iressee ghekd l obWa a �#1w :i3�;tar�iee C-OMM �xt<entlpaiicy.
LTV •?N-4P:minpZj:.nt sMhjff
Aa as Live : No, irk-ey
Th1f; cpsa: €. c:znsa'Nuirabcr: 391
MOM : Eta;W Ff-X NO. -, 647 097 Lie c. 06 2013 0'3 : f ?R l P 1
T [,r LE ROCK CITY B&Al.J'i'.IFU 1. COMMISSION
ON AN
APPLICATION FOR l.,AINIDS APE VARIANCE
TO ALE, OWNERS OP LAND lyineg witl3in 2.W f�tof the N.wzas ary of props try at:
ADDRESS: may- - -- - - ..,.-•------
NOTICE IS 1-111REW GIVE.' THAT an applicaUon ft::r lar scope. variance(s) on the above property
has bees.. filed with the Plain Dtvnloprttettt AdmWs &ior, Lk.,partmenrof Phanni as�tl aeloprttc t,
7H:3 Wes`IvI2ze,%a, n`i'4p1iW it££?v SFkr3?2d;S) xC?376:
l ?e 'n ::'i. •m farovi&1on� of 5cc izri
of the Lillie. Rock Cu of Ordinances To permit: � -7 ,e � ,, c
(2) The __.., provisions of Section
:3F the 1, rt€ .o k Ct of Oxd.iri cc,- to nir:
( ) The of. Ne-aic,n
of the i.,itdc € ock Q-,&: of Ordinances tc? permit.: �_......
A public hearing tali said applicati�r wifl bo he td by the Uttle Ro(, : Citgr Beaut'B.fol.
I'rrryFapivr s3pr3��y.1c�p. 2l"_ t
41"-
All i➢ank s in intcm-s" mly calyp aj2 and he kBB'.'ard at salid tBkne and p3)acc or :81ay notify the City BPl:.b?"dful
of dwir views on this Matter'by lctter. All per^;o ns Bnwresiecl in this request are imitcd to
c ail or 'Visit Vlac Plans Adminismat sr, 723 W` ,,si Mc"li'k hAzzyi, 371-4864, to review the
a pl cation and di:.cwss same With the staff.
�krl -F�— Ay 11
I. hereby conify that i have notified all the propeztV 03RIeTs of rc ord within 200 fee€ of the above.
PropcAy, that. subject properly is king + onsitlemd for landscaping va iance(s), and that a public hearing
.kill be, healby the Little Rock City Beautiful at the time and placz de u-ri above,
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P5 Form 3811. July 2013 Domestic Return Receipt
APPLICATION FOR LANDSCAPE VARIANCE
To the City Beautiful Commission:
Application is hereby made to the City Beautiful Commission pursuant to Resolution No. 6,122, relative
to property located at: d of
Addition, Zoned F �7 *,11 ,r(� ZM111241-44 District.
Request a Landscape Variance be granted to allow c,rc -Pe-1
Sic f,_. 1 =`16 C_
Applicant: A-4yg 6koys tay j c t as S, L1r-Property Owner:_ A ,_�
Address: -Z'Vl l I-R t Dr. ' `�"� Address:
Phone:^ !FD % - 20 0 — 2-S ! % !I O.2a-. Phone No.:
A variance may be granted by the City of Little Rock upon written application accompanied by the
appropriate plans and specifications from the property owner, or his authorized agent. In granting a
variance, the City Beautiful Commission shall impose such requirements and conditions, as the
Commission may deem necessary for the protection of adjacent properties and the public interest.
There are — are not restrictions of record effectinr77
FILING DATE
CITY BEAUTIFUL COMMISSION DOCKET FOR: 20_q_.
AT N 1 36 a.m.
CASE NO. CBC: 6
APPLICATION WAS — GRANTED —DENIED,
SUBJECT TO THE FOLLOWING CONDITIONS:
$ Fee Paid
1049
, 20
ADMINISTRATIVE AGENT /F
CITY BEAUTIFUL COMMISSION
LITTLE ROCK
CITY BEAUTTUL
COM M 1ss10N
The City Beautiful Commission held its regular meeting Thursday, February 6, 2014, at
11:30 at Curran Hall. Commissioner Ed Peek acting as Chair called the meeting to order.
MEMBERS PRESENT:
MEMBERS ABSENT:
Ed Peek
Bill Wiedower
Lynn Warren
Cassie Toro
Steve Homeyer
Carrie Young
Chris Minor
Chip McCulley
one open position
Wally Loveless
Chris Morgan
ALSO PRESENT: Beth Carpenter, City Attorney's Office
Dana Carney, Zoning and Subdivision Manager, Department of
Planning and Development, City of Little Rock.
D. Tracy Spillman, Plans Development Administrator, Department
of Planning and Development, City of Little Rock.
Frank Riggins, Crafton Tull
Christy Marvel, Marvelous Landscapes
A.J. and Gwen Gilbert, Universal Housing Group
APPROVAL OF THE JANUARY MINUTES:
Motion: Commissioner Warren made a motion that the Minutes be approved.
Second: Commissioner Morgan seconded the motion and it passed unanimously.
Deferred Variance Request CBC Case 629, Universal Housing Group
City Staff Member Carney stated that Staff still recommended denial. Commissioner Wiedower
questioned the Planning Commission's approval of the PRD. Staff member Carney updated the
commissioner's on the amending of the application and the site being rezoned as a PRD.
Universal Housing Group Presentation:
Ms. Christy Marvel agent for Universal Housing Group (A.J. and Gwen Gilbert) described
property lines, building encroachment into the buffer, and existing trees that will be retained. She
explained that both size and density of the proposed trees and shrubs will be increased due to her
client's interest to retain the buffer, reduce noise, and screen the swimming pool.
Commissioner Peek inquired how the residence to the north is positioned in relation to the
existing buffer and further stated that the north end of the property is almost at an even elevation
with the highway.
Commissioner Wiedower noted that the plan is showing existing vegetation to remain in the
right-of-way of the highway. Ms. Marvel stated that the vegetation is to remain and there are no
plans to position the Highway Department to clear any additional vegetation from the right -of —
way.
Commissioner Peek inquired how the building will work with the topography of the site and if it
will be a continuous elevation or be broken to step down with the existing contours. If
continuous, Commissioner Peek stated that there could be as much as an eight (8) foot cut into
the site. Ms. Marvel introduced A.J and Gwen Gilbert to address this issue. Mr. Gilbert stated
that they were discussing their options with the project engineer Pat McGetrick to find the best
solution. Mr. Gilbert also stated that if the building is stepped down with the contours it would
lower the visibility.
It was undetermined how the building would actually set on the contours but the option to split
the structure at different elevations could possibly be implemented if needed.
Commissioner Wiedower questioned the number of parking spaces shown on the plan. The plan
listed sixty-seven (67) spaces. Commissioner Wiedower stated he only counted sixty-four (64)
spaces. City staff member Mr. Carney explained that the Planning Commission was aware of this
and knew that the spaces would be reduced when the parking island size was increased to obtain
the eight (8) percent interior landscape requirement. Ms. Marvel stated that it was her intention
to go above and beyond the Planning Commission's request.
Commissioner Loveless inquired if the contract with the seller was based on two (2) usable acres
or on 1.67 acres. Mr. Gilbert stated the seller was unaware of any discrepancies and he had not
planned for a third (1/3) of the property to be dedicated to the street. Ms. Marvel stated that
because of the dedication of the street right-of-way the project had to be shifted thirty (30) feet.
Commissioner Warren inquired if a portion of the parking could be moved to the back of the
property. Ms. Marvel stated that viewing the parking from the Interstate may be more obtrusive
than viewing only the building. Commissioner Wiedower stated that there would not be enough
room to accomplish this type of layout.
Commissioner Warren inquired again why staff had recommended denial. City Staff Member
Carney explained Staff has not been supportive of the project through the entire review process
because Staff believes the development is too dense for this particular property.
Commissioner Peek stated that from his personal observation of this site, the existing residence
on the adjacent property is within approximately fifteen (15) of the existing fence and very
noticeable. Commissioner Peek stated he believes the proposed building will be very visible
from the highway and will defeat the spirit of the buffer zone altogether.
Commissioner Wiedower explained how developments of this nature are limited by the zoning
and that this type of project needs to be developed with as many units as possible to be an
economically sound investment. Ms. Marvel stated that all of the site issues had been approved
by the Planning Commission and in her mind the only outstanding issue is the buffer. She further
stated that she believes that the proposed landscape goes above and beyond what is required for
this area. Commissioner Wiedower asked her to expand on her statement. Ms. Marvel continues
that the size and quantities of the landscape materials go beyond what is required. In addition the
client wants to create a sound and visual barrier from the highway and additional plant materials
are being proposed to accomplish this goal.
Commissioner Loveless stated that even if the building doesn't encroach into the buffer it will
still be thirty-five to forty feet in height and visible from the highway. Commissioners
Wiedower, Morgan, and Loveless discuss that the proposed project does not seek visibility and
they would much rather see this site developed in such a manner. It was further discussed if a
commercial property is ever proposed for this site it is possible a developer may desire a higher
visibility from the highway and want to delete all screening. Commissioner Warren stated that
even though this project encroaches into the buffer there is a desire to screen and beautify with
landscape.
City Staff Member Carney clarifies that there are some substantial plantings in the Highway
Departments right-of-way and that the developer will not be seeking the removal of any this
material.
Motion: Commissioner Peek entertains a request to make a motion. Commissioner Wiedower
makes a motion that the request be approved,
Second: Several commissioners seconded the motion. A vote was taken and it passed
unanimously.
COMMITTEE REPORTS: UPDATES:
OLD BUSINESS:
Commissioner Homeyer asked to add T.R.E.E Fund update to the agenda.
Expense Report: Commissioner Loveless stated that there was no change.
Commissioner Toro arrives at 12:02 pm.
T.R.E.E Fund: City Staff Member Carney stated that City Manager Moore had been consulted
about deviation from the approved process of the installation of the trees and awarding a contract
to an outside party. Mr. Moore concluded that this made good economic sense and approved the
request. Deputy City Attorney Beth Carpenter included that state law requires any public
betterment project over $20,000 would need to be formally put out for bid. City Staff Member
Carney stated that the Park's Department is putting together a bid package and the schedule to
start work is still planned to begin in March. In addition a press release is being prepared to
coincide with the planting of the new trees.
Ott I-laI] South Yard: Commissioner Homeyer stated that there are no updates.
I-630 Trees: Commissioner Loveless stated that he had spoken with Mark Webb at the Parks
Department about the area east of University and North of I-630 at War Memorial Golf Course.
The Commissioner feels that this area could be enhanced and proposed to the City Beautiful
Commission that this area be taken into consideration for future TREE Fund projects.
Public Relations: Commissioner Warren stated that the website is up to date.
Libi•at-v and ljistory Exhibit: Commissioner Peek confirmed that the exhibit is still located in
Commissioner Loveless' office. Commissioner Warren stated that at some point it is to be
moved to City Hall.
KLRB: Commissioner Loveless stated the City Wide Cleanup will take place March 8th
Kickoff will begin at 8:00am at Western Hills Park and run until noon of this same day. Three
parks will be targeted Western Hills Park, Murray Park and Interstate Park. A goal of having one
thousand participants is trying to be reached. Approximately seven hundred people from
different companies and neighborhood groups have agreed to participate. Some neighborhood
cleanup will take place but the focus will be on the before -mentioned three parks. Commissioner
Loveless provided photocopy announcements to the other commissioners. Commissioner
Loveless also stated that there are still spots available on the official City Wide Cleanup t-shirt
for company logos and the deadline to sponsor will be next Thursday, February 13'.
Commissioner Morgan inquired if sponsors as well as volunteers are still being sought and stated
that he will inquire at the Clinton School and try to put a group together.
Commissioner Loveless stated a KLRB item that occurs each month are the Kroger gift cards
and charitable donations. He continued to explain that Kroger has a budget each month to make
donations to organizations. In the past these have been requested by KLRB to cover the cost of
different items, drinks, or refreshments for different events. Commissioner Wiedower included
that Kroger also has a program where the savings from the use an individual's Kroger card can
be transferred to charitable organizations of a person's choice. The question was asked of City
Attorney Carpenter if the City Beautiful Commission could benefit from this program. She stated
that it was against the law for a city commission to give money to private entities but CBC could
receive donations in the form of gift cards if presented.
Commissioner Loveless stated he will add the CBC to the list of possible charities and that any
contributions can be used to cover cost of CBC functions or activities.
Commissioner Loveless stated that the Otter Creek Association is working with Kelly Ross and
Bob Callans to provide a sculpture in the entrance median of Otter Creek. He also stated that in
addition Mr. Callans is working on a new design competition with Studio Main and the possible
subjects would be the Otter Creek area, Arkansas Baptist Campus, or the Mosaic Templers Hall,
Placement is still to be determined.
Commissioner Toro inquired about Main Street. Commissioner Loveless stated that twelve (12)
hanging baskets will be added to make a total of fifty (50) to be provided in the spring.
Commissioner Loveless stated that there is a movement starting to grow concerning the
placement of a roundabout at the intersection of Kavanaugh / Pine Valley and McKinley /
Richard B. Hardie Drive.
A video is currently being produced for Vision 2013.
Medowcliff Elementary School has received a $6000.00 grant for gardens.
Ada t-A-Street: Commissioner Loveless stated that the adopter's names are being added to the
streets quicker than originally expected. Initially he stated that there was going to be a twelve
(12) month waiting period. However, there were several objections to this and as a result the
placement of names has been expedited.
Communications: Commissioner Homeyer restated that a press release will be made by the
Parks Department concerning the T.R.E.E Fund. He also, stated that next month the Eye of the
Beholder and the Landscape Awards will be kicked off.
Eye of the Beholder. Commissioner Homeyer stated that there are no updates. Commissioner
Loveless inquired about how people can be encouraged to make nominations. Commissioner
Homeyer suggested that a booth could be placed at the Little Rock's Garden Show.
Commissioner Loveless made the suggestion that a booth could perhaps be split between KLRB
and CBC.
Landscape Awards: Commissioner Homeyer stated that there are no updates. Signs are being
made and will be picked up. The nomination period ends Thursday.
New Business: Commissioner Homeyer stated that the CBC Retreat will be held at Mangan
Holcomb Partners February 19, at 3:00 pm., Ms. Julie Robbins will be the facilitator.
Motion: Commissioner Homeyer made a motion to spend $50.00 of private commission funds
to purchase a spa gift certificate for Ms. Robbins in a show of appreciation.
Second: Commissioner Wiedower seconded the motion. A vote was taken and it passed
unanimously.
ADJOURNMENT:
Motion: Commissioner Homeyer made a motion to adjourn.
Second: Several commissioners seconded the motion and it passed unanimously,
The meeting was adjourned at 1:03pm
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„C'
LITTLE ROCK
CITY BI AUTWUL
C 0 M M IssioN
The City Beautiful Commission held its regular meeting Thursday, January 9, 2014, at
11:30 at Curran Hall. Commissioner Ed Peek acting as Chair called the meeting to order.
MEMBERS PRESENT:
MEMBERS ABSENT:
Ed Peek
Wally Loveless
Lynn Warren
Steve Homeyer
Carrie Young
Bill Wiedower
Chris Minor
Two open positions
Cassie Toro
Chris Morgan
ALSO PRESENT: Beth Carpenter, City Attorney's Office
Dana Carney, Zoning and Subdivision Manager, Department of
Planning and Development, City of Little Rock.
D. Tracy Spillman, Plans Development Administrator, Department
of Planning and Development, City of Little Rock.
Frank Riggins, Crafton Tull
A.J. and Lynn Gilbert, Universal Housing Group
Robbie Hudson, Urban Forester, Parks Department, City of Little
Rock.
APPROVAL OF THE DECEMBER MINUTES:
Commissioner Loveless called for a correction of the December 2013 Minutes, Treasure's
Report from the recorded amount of $1,222.05 to $1,297.05.
Motion: Commissioner Young made a motion that the Minutes be approved with the
corrections made.
Second: Commissioner Homeyer seconded the motion and it passed unanimously.
Variance Request CBC Case 629, Universal Housing Group
Staff opened the public hearing for the variance request located at the 1300 Block of Aldersgate
Road, west side. The applicant filed a site plan review with the Planning Commission to allow
for the construction of a forty-eight (48) unit multi -family development on this MF-24 two (2)
acre tract. It was determined early in the review process that the ownership of the two (2) acre
tract actually went to the centerline of Aldersgate Road. Once the required right-of-way is
dedicated, the resulting tract is 1.688 acres in size. Constructing the forty-eight (48) unit
development on the remaining 1.688 acre tract results in a density of 28.4 units per acre,
exceeding the allowable density of 24 units per acre. The application was amended to a PD-R.
The developer is proposing to build three (3) buildings of multi -family housing. Two of the
buildings are proposed with 12-units and one is proposed with 24-units. The proposal includes
the construction of a 2,080 square foot clubhouse with a pool. The buildings are proposed three
stories in height with a maximum building height of 40 feet.
The request includes a reduction in the number of parking spaces typically required to serve the
development. The site plan indicates 67-spaces. The ordinance would typically require the
placement of 1'/z spaces per unit or a total of 72 parking spaces. The applicant has indicated up to
50 percent of the parking spaces will be covered.
The request also includes a variation from Sections 36-522(a)(3) and 15-96(a) which state, street
buffers and perimeter planting strips shall be a minimum of (30) feet in width when abutting an
expressway except within the mature area. The plan indicates portions of the buffer along I-430
reduced to 15 feet near the northwest portion of the site. The pool is also proposed within the 30-
foot buffer along 1-430. Within the buffer area the applicant is proposing to provide up to 1'/z
times the amount of landscaping typically required in this area off -set the encroachment.
Overall on the site, the applicant has indicated a commitment to provide additional trees and
larger size greenery than the amount typically required by City ordinance.
Some areas of undisturbed buffer of existing vegetation are indicated to be preserved along the
interstate frontage.
In addition to the area of existing vegetation to be preserved along the interstate perimeter, the
applicant is proposing to plant trees and shrubs at the rate of 1'/2 times the ordinance requirement.
The property has 426 linear feet of frontage on that perimeter; requiring 14 trees (1 tree per every
30 feet) and 42 shrubs (1 shrub per every 10 feet). The applicant proposes to install 21 River
Birch and Slash Pine trees and 63 Eleagnus shrubs. The shrubs are indicated as being 30"-34"
inches in height at planting; exceeding the ordinance required minimum height of 18".
On the front of the site, applicant is proposing to utilize Red Maples, Forest Pansy Redbuds and
Foster's Holly trees and Needlepoint Holly and Cleyera shrubs. The maples are indicated as
being 2'/z"-3" caliper at planting, exceeding the minimum caliper of 2".
Staff has concerns with the proposed development. Although site is being reduced from 2 acres
to 1.6888 acres by the right-of-way dedication, the applicant did not reduce the size or scope of
the proposed development. The plan results in reduced building setbacks and parking space
numbers. Additionally, the development encroaches into the required thirty (30) foot interstate
perimeter buffer/landscape strip. At some points, the encroachment is fairly substantial. Staff
feels the applicant may be trying to fit too much development on the tract, resulting in the need
for the several variances. At their November 14, 2013 meeting, the Planning Commission voted
to recommend approval of the proposed PD-R zoning.
Staff recommends denial of the requested variance.
Universal Housing Group Presentation:
Mr. Frank Riggins, agent for Universal Housing Group (A.J. and Lynn Gilbert) stated that his
client purposes to build an "upscale luxury development". Mr. Riggins noted that the
development will comprise three (3) buildings / forty-eight (48) living units, a clubhouse, and a
pool. The development will be fenced, gated, and landscaped. It is stated that the development
encroaches into the buffer and Universal Housing Group seeks a variance from this
encroachment. Mr. Riggins described the landscape that will be added to this existing buffer at
the time of development. He also stated that he feels this project could set the standard for future
small developments.
Commissioner Warren inquired if the fence surrounding the pool would be a screening fence.
Mr. Riggins stated that he was unsure of what type of fence is planned for this area. In addition
Commissioner Warren inquired if any of the surrounding properties have been approved for
similar variances. Mr. Riggins stated that he does not know.
Commissioner Homeyer inquired if the property is higher or lower than the adjacent I-430.
Mr. Riggins stated that the property is lower than the interstate and possibly only the upper floors
of building will be seen from I-430. He also stated that there is an existing house in this buffer
and that the buffer is not compromised of a mature stand of trees.
Commissioner Peek felt that this development would be a major intrusion into the buffer area.
Mr. Riggins stated again that this is not a mature vegetative buffer as it stands and the
development would add plants to the buffer zone. Commissioner Warren felt that this is a small
violation as compared to other sites along the I-430 corridor. There was further discussion about
I-430 being a scenic gateway into the city and the actual distance from the shoulder of the
highway to the buffer zone.
Commissioner Warren inquired why staff had recommended denial. City Staff Member Carney
explains that nowhere on I-430 has there been structural encroachment into the thirty (30) foot
buffer and that the buffer does not need to remain undisturbed but does need to be planted. The
structural involvement would not allow for the buffer to be replanted. In addition Mr. Carney
explained that the City has no control over the Highway Department's right-of-way. Therefore,
inconsistencies exist in some instances because property owners have petitioned the Highway
Department and received approval to clear trees within their right-of-way.
Commissioner Peek felt that this is a significant violation of the intent of the landscape buffer
and that there is a reason the buffer exists. He further stated that this would be the first time that
an encroachment would be allowed. Mr. Riggins responded by explaining that the site is very
shallow and feels there should be some relief and asked for exceptions to be made for shallow
lots.
Commissioner Warren made a motion to accept the variance request. Commissioner Hoymeyer
seconded. Commissioner Young asked for a clarification of how the vote would be accepted.
Commissioner Toro asked for a deferment to allow time to review the site. Mr. Carney asked the
applicants if deferment would have any adverse effects on the project. Mr. Riggins discussed the
deferment with his clients. Commissioner Loveless left the meeting due to illness. Deputy City
Attorney Carpenter explained that with only six (6) commissioners left the vote would need to be
a unanimous "yes" to pass, one (1) "no" vote would cause the item to fail. Attorney Carpenter
further stated that according to the CBC bylaws any item not receiving six (6) affirmative votes
would fail. Mr. Riggins asked to defer.
Motion: Commissioner Warren made a motion to defer until next month.
Second: Commissioner Young seconded the motion and it passed unanimously.
T.R.E.E FUND PRESENTATION:
The City's Urban Forester Robbie Hudson addressed the CBC and presented the landscape
planting plan and cost estimates for streetscaping along the south side of W. Markham between
Monroe Street and the War Memorial pro -shop building.
Urban Forester Hudson stated the existing tree removal would cost $15,000.00 but the Park's
Department had worked with Entergy who would provide the labor for the removal of the
existing trees. The City would only be responsible for grinding the stumps. Entergy has agreed to
this since the maintenance cost to their company to trim these trees every three (3) years cost
approximately $250,000.00.
Urban Forester Hudson stated that the total cost to the City to complete this project would be
$27,720.00. This would include the removal of thirty-four (34) Hackberry trees and the
placement of seventy-seven (77) Chinese Pastiche, twelve (12) to fifteen (15) feet tall 2'/z"-3"
caliper. Additional trees will be added to South Monroe to the point of where War Memorial's
parking lot starts. Cost per tree is $360.00 installed and guaranteed for one (1) year by the
contractor Bemis Tree Service. Water for the trees would be provided by tapping into the city
golf course or Bemis would come back and water for the first year.
Deputy City Attorney Carpenter inquired about how Bemis Tree Service was chosen as the
Contractor. Urban Forester Hudson explained Bemis is the only contractor in the area that can
provide large trees in this quantity. Attorney Carpenter stated that it was her understanding that
the Parks Department would be providing the labor. Urban Forester Hudson stated that Bemis
Tree Service can provide each tree with a guarantee for $360.00. If the Parks Department
provided the labor each tree would cost $320.00 without the guarantee or maintenance. Attorney
Carpenter further inquired about the bid process. Forester Hudson stated that in addition to
Bemis Tree Service he requested bids from Green Tree Nursery and Good Earth. Attorney
Carpenter asked if Public Works had been consulted about right-of-way and site distances.
Forester Hudson stated that the trees will not be planted in the right-of-way and vision triangles
at the intersections have been taken into consideration.
Commissioner Warren confirmed pricing of trees per unit and understands the savings by
contacting this with an outside party. The Commissioner also questioned the monoculture of
using one variety of tree and had some concern that an unforeseen future disease or pest could
have an adverse effect on this planting group. Forester Hudson replied by stating at this point he
knows of no harmful disease or pest related to the Chinese Pastiche and that they are drought and
disease tolerant.
If approval is given the Parks Department and Entergy are ready to proceed with the project this
winter or early spring. City Staff Member, Dana Carney made the suggestion that since there
have been interdepartmental discussions stating that the labor for the placement of trees will not
come out of the T.R.E.E Fund any motion made should include the approval from the City
Manager for additional labor cost not being performed by the Parks Department.
Motion: Commissioner Warren made a motion to accept the use of T.R.E.E Fund money
contingent on the approval from the City Manager that City labor not be used for this project.
Second: Commissioner Homeyer seconded the motion. All voted in favor to pass. Motion
passed unanimously.
City Attorney Carpenter further explained that the City Manager has approved a certain process
for how the T.R.E.E. Fund money is to be used and any deviation from such process would
require approval from the City Manager.
COMMITTEE REPORTS: UPDATES:
OLD BUSINESS:
I-630 Trees: Acting Chair Peek inquired of any updates. No updates are reported.
City Hall South Yard: Commissioner Homeyer stated that there are no updates.
Public Relations: Commissioner Warren stated that the website is up to date other than the
Treatment Minutes are missing.
KLRB: Commissioner Loveless was absent; no report.
Ado t-A-Street: Chairman Minor was absent; no report. Commissioner Peek stated litter pickup
is January 1 S . Procedure, meeting time, and place were summarized for new Commissioner
Chris Morgan.
Communications: Commissioner Homeyer discussed press release for T.R.E.E. Fund and how
this should be accomplished; ribbon cutting, plaque, yard sign stating that the trees are provided
by the T.R.E.E Fund.
Eve of the Beholder: Commissioner Peek, no report. Commissioner Young is updating contact
information changing names from Marvel to Spillman.
Landscape Awards: Commissioner Homeyer stated that the signs are still being made.
New Business: Commissioners introduced themselves to new Commissioner Morgan.
Commissioner Peek informed the committee that he had spoken with Commissioner Minor and
stated Commissioner Minor feels that he may not be able to continue his duties as CBC
Chairman due to the unexpected increase in his personal business.
ADJOURNMENT:
Motion: Commissioner Homeyer made a motion to adjourn.
Second: Commissioner Young seconded the motion and it passed unanimously.
The meeting was adjourned at 12:46 p.m.