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HomeMy WebLinkAbout10-07-03Minutes: Little Rock Board of Directors Meeting October 7, 2003 BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham October 7, 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, Keck, Adcock, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey. Director Kumpuris was not present at roll call but enrolled at 6:10 PM. Director Graves gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. Director Adcock, seconded by Director Cazort made a motion to add Items M -1 and M- 2, the listed presentations, to the agenda. By unanimous voice vote of the Board members present, the modifications were made. MODIFICATION ADDITION: M -l. PRESENTATION: Heifer International — Jo Luck M -2. PRESENTATION: Domestic Violence — Kathy Findley DEFERRAL: 22. ORDINANCE - Z -7435 - Establishing a Planned Zoning District titled Splash Carwash on Kanis Road Short -form PCD, located at 15823 Kanis Road. Planning Commission: 10 yes, 0 no, I absent. Staff recommends denial. Synopsis: The applicant proposes to rezone the site from R -2, Single family to PCD to allow the site to develop as a two bay carwash facility. Jay Taylor, Counsel for the applicant, stated the property is under a binding real estate contract, and if the item were deferred, it would create some problems with the sellers, who own a residence, and are tying to move and get into another residence. He said this has been postponed a number a times, and would be problematic from a contract standpoint. Director Cazort asked if a one -week deferral would work, when two wouldn't. Mr. Taylor stated the reality is that the contract is of such that it would be finalized after board action, but these folks have asked to have this wrapped up as soon as possible. He stated it was more of a hardship on the sellers of the property more than a contractual legal issue. Director Keck asked what the reason was for the request for deferral. Mayor Dailey answered that Director Adcock had inquired about the item, and he and Mr. Moore had agreed that if there were no objection from the applicant, at the request of a director, to defer the item. Director Adcock stated that Mr. Joe Whisenhunt, who has in interest in the item, is out of the state, and was not able to get back, and was not notified until late today that it was on the agenda. He said his son -in -law who was Minutes: Little Rock Board of Directors Meeting October 7, 2003 going to be here tonight is ill, and would not be able to come before the Board, and was requesting a deferral. Mr. Jim Lawson, Director of Planning and Development, added that they had been talking to the Whisenhunts about this property for several months. He said they are not opposed to the property being rezoned. Their issue has to do with a street. He said they feel the street should be developed as a minor arterial. Mr. Lawson stated that Planning Staff did not feel that way, and even on the Whisenhunt approved plat, it shows the road as a collector. Mr. Lawson stated the Whisenhunts wanted to have a traffic signal there at Kanis and the Parkway, so they put one in, and they widened the street as if it were an arterial at the intersection. The Master Street Plan does not show that, and there is some confusion, and the Whisenhunts feel it does not show it as a collector, but an arterial. Mr. Lawson said it would be brought before the Planning Commission this month to clarify the issue. He said staff feels very strongly that this is a collector and staff was not going to require that the applicant widen it to have a minor arterial, because staff feels it is a collector street. Director Adcock, seconded by Director Pugh, made a motion to defer the item for one week. A roll call vote was taken and recorded as follows: Director Pugh, Stewart, and Adcock voted yes. Directors Hurst, Cazort, Keck, Wyrick, Kumpuris, Graves, Vice Mayor Hinton, and Mayor Dailey voted no. The item was left on the agenda to be discussed at tonight's meeting. Director Cazort, announced regarding Item 32, the Transportation Code, a meeting was held and the groups are still in disagreement, and that the different sectors involved in transportation are still discussing the issues. Director Cazort moved to defer the issue to the first meeting in November. Director Keck seconded the motion. Director Wyrick felt that after the comments from the meeting on Thursday night from some of the industry leaders, felt it a premature date. Director Cazort stated that one of the things agreed upon the other night was to form another task force with someone from each sector to sit down and look at the code and determine if this can be dealt with in one ordinance, or if there needs to be two, or other ways to deal with this. Directory Wyrick stated she did not understand the urgency is to move this along this fast and felt hearings and input needed to take place. Director Cazort stated if it is not ready in a month, it could be deferred again, but did not want it go get off the radar screen so that people interested give up discussing the issue. A voice vote was taken, and recorded as follows: Directors Pugh, Hurst, Cazort, Keck, Stewart, Wyrick, Kumpuris, Graves, Vice Mayor Hinton and Mayor Daily voted to defer, Director Adcock vote no on the deferral. The Item was deferred to November 4, 2003. Director Adcock asked for Item 31 to be moved to be heard after Citizen Communication. Director Stewart seconded the motion, and by unanimous voice vote of the Board members present, the motion carried. CONSENT AGENDA (1 -11) 1. MOTION - To approve minutes of regular City of Little Rock Board of Directors Meeting: August 4, 2003. 2. RESOLUTION NO. 11,609 - To set the date of public hearing for October 21, 2003 on the abandonment of the easements remaining in the former Spruce Street right -of- 2 Minutes: Little Rock Board of Directors Meeting October 7, 2003 way located between Lee Avenue and Woodlawn Avenue, adjacent to Blocks 24 and 25, Pulaski Heights Addition. 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: Pulaski Heights United Methodist is requesting abandonment of the easements retained within the former Spruce Street right -of -way located between Lee and Woodlawn Avenues. 3. RESOLUTION NO. 11,610 - To set the date of public hearing for October 21, 2003 - to consider Revoking Planned Zoning Districts titled Red River Maine Short-Form PCD (Z- 4973 -A and Ibsen Imports located at 3021 Cantrell Road, amended Short Form PCD (Z- 4973 -B) located at 3021 Cantrell Road; and for other purposes. Planning Commission: 10 yes, I no, 0 absent. Staff recommends approval. synopsis: The owner of the property located at 3021 Cantrell Road is requesting that the PCD zoning be revoked and the previous zoning of "C -3" General Commercial be restored. 4. MOTION - Z -7471 - To set the date of public hearing for October 21, 2003 appealing the Planning Commissions recommendation of denial and establishing a Planned Zoning District titled Elliot Short- Form PD -O located at 1313 South Tyler Street. Planning Commission: 4 yes, 5 no, 2 absent. Staff recommends denial. synopsis: The applicant proposes to rezone the site form R -2 to PD -0 to allow the conversion of an existing single- family home into an office use 5. MOTION - Z -7345 - To set the date of public hearing for October 21, 2003 Appealing the Planning Commissions recommendation of denial and establishing a Planned Zoning District titled Levi Revised Short -form PD -R (Z- 7345 -A), located on the southwest corner of Monroe and "C" Street. Planning Commission: 0 yes, 8 no, 3 absent. Staff recommends denial. synopsis: The applicant proposes to revise a previously approved Planned Residential Development to allow the creation of a four -lot plat. 6. RESOLUTION NO. 11,611 - Authorizing the City Manager to enter into a lease purchase agreement for golf maintenance equipment; and for other purposes. synopsis: Authorizing the City Manager to enter into a lease to purchase golf maintenance equipment from Stillwater Equipment - Company. 7. RESOLUTION NO. 11,612 - Authorizing the use of eminent domain for two parcels of land on the 83rd Street Project. (Geyer Springs Road to Juniper Road). - Synopsis: Funds for acquisition are available from Community Development Block Grant funds in account CDBG- 00 -G575. 8. RESOLUTION NO. 11,613 - Authorizing the City Manager to execute an agreement with the Citadel for appraisal services for the Fourche Dam Pike Project. (Richland Drive to Plantation Drive). synopsis: The project is funded with 80% Federal Highway Administration money and 20% City of Little Rock matching funds. The total amount of appraisal services is $55,000 plus 10% contingency. 9. RESOLUTION NO. 11,614 - Authorizing the City Manager to execute an agreement with the Citadel for appraisal services for the Mabelvale Cutoff Road Project. (Chicot Road to Fairwood Road). - Synopsis: The project is funded with 80% Federal Highway Administration money and 20% City of Little Rock matching funds. The total amount of appraisal services is $82,500 plus 10% contingency. 10. RESOLUTION NO. 11,615 - Authorizing the City Manager to execute an agreement with Joyner- Ford -Burke Construction for installation of a retaining wall along Cloverdale Ditch along the north side of Cloverdale subdivision. synopsis: The project will be funded with Community Block Grant funds. The total amount for construction is $348,557 plus 10% contingency. Minutes: Little Rock Board of Directors Meeting October 7, 2003 11. RESOLUTION No. 11,616 - To authorize the City Manager to enter into a contract with Mr. And Ms. Mitchell Moore as part of the Central High Targeted Neighborhood Enhancement Plan. Synopsis: Mr. & Mrs. Mitchell Moore plan to purchase the property located at 1705 Battery Street in the Central High Targeted Neighborhood Enhancement Plan (TNEP) area. The Central Little Rock CDC is constructing a new three bedroom, two -bath structure. The total construction cost is estimated at $78,500. Mr. And Mrs. Mitchell Moore are requesting $6,440 in TNEP funds to complete the project. Mr. And Mrs. Mitchell Moore's application has been reviewed and is recommended for funding, pending bank approval. The Consent Agenda was read. Director Adcock made a motion, seconded by Vice Mayor Hinton to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. Mayor Dailey introduced Boy Scout Troop 262. CITIZENS COMMUNICATIONS Speaker: Betty Snyder Topic: John Barrow Community Center Speaker: Marsha Bernard Topic: John Barrow Community Center Speaker: Carolyn Heitman Topic: Ban Pot Bellied Pigs in the City Speaker: Ethel Ambrose Topic: Personnel Problems Speaker: Antonio Whitfield Pot Bellied Pig makes good pets. Item 31 was considered after Citizen Communications. 31. ORDINANCE NO. 18,959 - To amend Chapter 6 of the Code of Ordinances pertaining to Animal Services General provisions, Dogs and Cats. Synopsis: To amend a part of the Animal Code to continue reorganization of the chapter sections and to address rabies control, minimum care and confinement of dogs, and dangerous /vicious dogs. Director Adcock gave an overview of the work of the Animal Advisory Board and the work done on the Animal Code. Director Adcock introduced Dr. Darrell Riffle, who is retiring from the Animal Advisory Board, and John Yarbrough, the Chairman of the Animal Advisory Committee. Director Adcock presented Dr. Riffle with a Certificate of Appreciation, for service on the Animal Advisory Board. Mr. Yarbrough presented a video regarding better, and more humane mechanisms for containment of chained dogs. A motion was made to suspend the rules and place the ordinance on second and third readings by two- thirds vote of the Board members present, being two - thirds in number. The ordinance was read the 2 Minutes: Little Rock Board of Directors Meeting October 7, 2003 second and third times. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinance passed. GROUPED ITEMS -- Mayor Daily asked that Items 20, and 22 be held separate from the Grouped Items due to citizens being present to speak and discuss the items. Mayor Dailey announced that he had not received any speaker cards for Items 26, 27, 28, and 29, and if there were no objections, would open and close the the hearings, and then group the items along with Items 12 -19, and Items 21,23,24,25. There were no objections. 12. ORDINANCE NO. 18,942 - LU- 03 -01 -05 - To amend the Land Use Plan (16,222) in the River Mountain Planning District from Transition to Mixed Office Commercial; and for other purposes. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: Amendments in the River Mountain Planning District for future development. 13. ORDINANCE — 18,943 - Z -5059 — Approving a Planned Zoning Development and establishing a Planned Office District titled Highway 10 at Sam Peck Long -Form POD located on the southeast corner of Cantrell Road and Sam Peck 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, I absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved POD to allow an increase in the available commercial space available on Lot 1 of the proposed development. Mayor Dailey announced that he would abstain on voting on this item because his brother -in -law, hank Kelly, is representing the development. 14. ORDINANCE NO. 18,944 - Z- 6323 -H — Approving a Planned Zoning Development and establishing a Planned Commercial District titled The Villages At Rahling Road Revised Long -Form PCD located on Rahling Circle Unrecorded Lot 11, 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, I no, 0 absent. Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow reduced construction of an office building on this unrecorded lot. 15. ORDINANCE NO. 18,945 - Z -7468 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Hunter Short -Form PD -C located at 6124 Buz Lane, 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, I absent. Staff recommends approval. Synopsis: The applicant proposes to rezone the site from R -2 Single - family to PD -C to allow an existing contractors storage yard to become a conforming use. 16. ORDINANCE NO. 18,946 - Z -7472 — Approving a Planned Zoning Development and establishing a Planned Office District titled Upshaw Short -Form POD located at 11523 Kanis 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, I absent. Staff recommends approval. synopsis: The applicant proposes to rezone the site from R -2 to POD to allow the construction of a single story office building on the site. 5 Minutes: Little Rock Board of Directors Meeting October 7, 2003 17. ORDINANCE NO. 18,947 - Z- 6378 -B — Approving a Planned Zoning Development and establishing a Planned Residential District titled Blackthorn Subdivision Revised Short -Form PD -R located on the north side of Taylor Loop Road, west of Oaks Bluff 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. Synopsis: The applicant proposes to revise a previously approved PD -R to allow reduced building lines on the eight proposed lots. 18. ORDINANCE NO. 18,948 - Z7470 - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Brown Short -Form PD -C located at 11209 Barrett 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. Synopsis: The applicant proposes to rezone the site from R -2 to PD -C to allow the owner of the home to place a single chair beauty salon in the existing structure. 19. ORDINANCE 18,949 - Z -7469 - Approving a Planned Zoning Development and establishing a Planned Office District titled Dodson Short -Form PD-0 located at 1119 South Van Buren 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, I absent. Staff recommends approval. - Synopsis: The applicant proposes to rezone the site from R -3 to PD-0 to allow a medial records storage building to be constructed on the existing vacant lot. 20. Item was held separate for discussion and is listed under the Separate Items section of the agenda. 21. ORDINANCE NO. 18,950 - Accepting The Hopper Annexation, adding certain lands to the City of Little Rock, Arkansas. Planning Commission: 10 yes, 0 no, 1 absent. Staff recommends approval. Synopsis: To bring 2.77 acres along the south side of Kanis Road at Rock Creek into the City of Little Rock. This land joins the City on three sides 22. Item was held separate for discussion and is listed under the Separate Items section of the agenda. 23. ORDINANCE NO. 18,952 - To require electronic record keeping by owners and operators of pawnshops, pawnbrokers and dealers in second hand goods doing business in the City of Little Rock, Arkansas; declaring an emergency; and for other purposes. 24. ORDINANCE NO. 18,953 - Waiving Competitive bids and authorizing the City Manager to enter into a service agreement with Motorola in the amount of $381,205 as a sole source provider of maintenance for the City's 800 MHZ Radio System. Staff recommends approval. 25. ORDINANCE NO. 18,954 - To grant a franchise to Arkansas Blue Cross Blue Shield for air rights for a pedestrian sky bridge above Gaines Street connecting the new Arkansas Blue Cross and Blue Shield structure to the Arkansas Blue Cross and Blue Shield office building and for a column on the east side of Gaines Street for support of the sky bridge; for the purpose of construction, erection, maintenance, operation, use and repair of the enclosed sky bridge; and for other purposes. Synopsis: The ordinance grants a 0 Minutes: Little Rock Board of Directors Meeting October 7, 2003 franchise to Arkansas Blue Cross and Blue Shield for the construction and use of a pedestrian sky bridge above Gaines Street, connecting the ABCBS office building and the new ABCBS parking structure across the street. PUBLIC HEARINGS (26 -29) 26. PUBLIC HEARING & ORDINANCE NO. 18,955 - To abandon the west 15 feet of the 80 foot wide Polk Street right -of -way, located adjacent to 2022 N. Polk Street; in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: II yes, 0 no. Staffrecommends approval. Mayor Dailey opened the public hearing. No one spoke in favor or opposition to the item. Mayor Dailey closed the public hearing. 27. PUBLIC HEARING & ORDINANCE NO. 18,956 - To abandon the 20 foot wide alley right -of -way within Block 13, Original City of Little Rock; and for other purposes. Planning Commission: I1 yes, 0 no. Staff recommends approval, with retention of utility and drainage easement. Mayor Dailey opened the public hearing. No one spoke in favor or opposition to the item. Mayor Dailey closed the public hearing. 28. PUBLIC HEARING & ORDINANCE NO. 18,957 To abandon a portion of the Taylor Street right -of -way between West 28th and West 30th Streets and the alley rights -of -way located in Blocks 1, 2 and 6, C.O. Bracks Addition to the City of Little Rock, Arkansas; and for other purposes. Planning Commission: II yes, 0 no. Staff recommends approval with retention of utility and drainage easement and Public Works conditions. Mayor Dailey opened the public hearing. No one spoke in favor or opposition to the item. Mayor Dailey clued the public hearing. Mayor Dailey opened the public hearing. No one spoke in favor or opposition to the item. Mayor Dailey closed the public hearing. 29. PUBLIC HEARING & ORDINANCE NO. 18,958 - To abandon a portion of East 16th Street right -of -way between Lot 7, Block 9, and Lot 16, Block 16, Dodge Addition (east of Geyer Street) to the City of Little Rock, Arkansas, and for other purposes. Planning Commission: 11 yes, 0 no. Staff recommends approval, with retention of utility and drainage easement. Mayor Dailey opened the public hearing. No one spoke in favor or opposition to the item. Mayor Dailey closed the public hearing. Mr. Tom Carpenter announced regarding Item 23, that the ordinance presented tonight was a slightly modified version of the ordinance than the one sent out to the Board on Thursday. Mr. Carpenter stated that the modifications included in the first section deals with a contract that would require the pawn brokers to have a computer link -up with the Little Rock Police Department, and that it has been changed to Leads on Line, who actually has the computer. The emergency clause, has been changed to make the effective date either as soon as this can be done, or as soon as the contract with Leads on Line is signed. Mr. Carpenter stated there are a couple of provisions in the contract that are being negotiated. Mr. Carpenter stated if the Bard would accept the ordinance that was received tonight as the ordinance, then a motion would not be necessary to amend. The Board accepted the ordinance. The Grouped Items (Items 12 -19, Item 21,23,24,25,26,27,28,29) were read the first time. The rules were suspended by two - thirds vote of the Board members present, being two — thirds in number to provide for the second and third readings of the ordinances. The 7 Minutes: Little Rock Board of Directors Meeting October 7, 2003 Ordinances were read the second and third times. By unanimous voice vote of the Board members present, being two - thirds in number the ordinances (Items 12, 14 -19, 21,23,24,25,26,27,28 and 29) and emergency clause in Items 23 were adopted. Mayor Dailey abstained from voting on Item 13. Directors Pugh, Hurst, Cazort, Keck, Stewart, Wyrick, Graves, Wyrick, Kumpuris, Adcock, Vice Mayor Hinton voted in favor of item 13. The ordinances (Items 12 -19, Item 21,23,24,25,26,27,28,29) and emergency clause (Item 23) were passed. 20. ORDINANCE NO. To amend Ordinance No. 18,844 (March 18, 2003) which prohibits the placing of obstructions in the public right -of -way; providing for removal by the City obstructions left in the right -of -way after notice to remove; and for other purposes. John Bracey and Jane Harrison spoke in opposition to the ordinance amendment citing traffic issues, noise issues, and enforcement of the ordinance. Mr. Carpenter overviewed the ordinance saying it would allow a basketball goal on a cul -de- sac or a dead end street, the predicates being that the individuals within two hundred feet of the area or the individuals within the cul -de -sac itself would agree to it. There would be one goal per cul -de -sac and the Public Works Department would check it for public safety on the front end to make sure it is not a heavily traveled area, and would deal with the placement of the goal to make sure it would not interfere with any city services. The goal once in place would be available for anyone who wished to play on it. The hours of neighborhood playing time, was based on light, and the curfew would kick in at some point. Director Keck asked for clarification on the hours part of the ordinance. Mr. Carpenter stated that the hours would not run past curfew hours, which are 10:30 during daylight savings time, and then 9:00 PM on regular time. Director Keck asked if it was legal to use sun up to sundown phraseology? He said his concern was that some people will have an appropriate basketball goal placed in the appropriate place, that will not have adequate lighting and they will have others bring cars up and turn lights on, and play ball until late. Mr. Carpenter stated he thought the safety in that would be that there had to be unanimous agreement from he people in the cul -de -sac and believed that at the moment that becomes a problem, if an agreement can't be made on the time, then the agreement on the basketball goal would be pulled, and then no one would be playing. He stated that — in crafting the ordinance, that 9 PM made sense during the winter months, and the daylight savings hours made sense otherwise and the hope was the at the cul -de -sac people would take care of it themselves. Director Cazort stated he felt a set time would be better than a fluctuation occurring depending on time of the year. Director Adcock made a motion, seconded by Director Keck to amend the ordinance to make the time 8 PM. Director Hurst and Graves stated that would be really early for summertime. Director Pugh stated she felt 9 PM in the summertime (daylight savings time) would be better because of more daylight evening hours. Director Adcock amended her motion to the hours being 8 PM in the winter months, and 9 PM in the summer months. Director Keck agreed to this change. By unanimous voice vote of the Board members present, the ordinance was amended to reflect these times. The ordinance was read the first time. Director Keck made a motion to suspend the rules and place the ordinance on second reading. Director Cazort seconded the motion. A roll call vote was taken and recorded as follows: Director Pugh, Wyrick, Kumpuris, Adcock voted no, and Directors Hurst, Minutes: Little Rock Board of Directors Meeting October 7, 2003 Cazort, Keck, Stewart, Graves, Vice Mayor Hinton and Mayor Dailey voted yes. The motion failed and the ordinance was held on 1St Reading. The meeting was recessed at 8 PM for a Board break. The meeting reconvened at 8:20 PM. Mayor Dailey called the meeting back in session. SEPARATE ITEMS 22. ORDINANCE NO. 18,951 - Z -7435 - Establishing a Planned Zoning District titled Splash Carwash on Kanis Road Short -form PCD, located at 15823 Kanis Road. Planning Commission: 10 yes, 0 no, I absent. Staff recommends denial. Synopsis: The applicant proposes to rezone the site from R -2, Single family to PCD to allow the site to develop as a two bay carwash facility. Nancy Wood, City Clerk, announced that the staff recommendation listed on the agenda was in error, that staff was in support of the item. The ordinance was read the first time. Mr. Jim Lawson, Director of Planning and Development, overviewed the application stating this application is a portion of Kanis Road, south of Chenal Parkway. He stated it is next to the Dairyland Subdivision, and is shown as a commercial area. He said the applicant is asking for a carwash as a PCD. He said it was approved from a staff standpoint, that it went through the Planning Commission, and no one objected to the project. He stated the only issue is as discussed earlier, dealing with the width of the street. He stated the Whisenhunts did not object to the carwash, only as to whether it is a collector or arterial road. Director Adcock asked if this was a problem, why has staff not addressed it before this meeting. Mr. Bruce Moore, City Manager, stated this has been discussed internally. He stated that he, Guy Lowes, Public Works Director, and Jim Lawson, Planning & Development Director had discussed this, and it was something that had come about a few years ago, and asked Mr. Lawson to briefly go over the history. Mr. Lawson stated this has been treated as a collector street for many years. In the 1980's he stated he dealt with Mr. Tom Dalton, the City Manager at the time, and the city actually purchased land from Gene Pfeiffer so the city would have a new arterial that ran north. He stated it was between Kinco and One Source. He stated at that point, the new arterial would come up, go between Kinco and One Source, cross into Wellington, and that established the new arterial. Mr. Lawson stated this portion of the road was downgraded, because this ends up stopping at the Chenal Parkway, and the other road the new arterial, would go on up into the other areas of St. Charles. He said the Whisenhunts wanted a traffic signal at Kanis and Chenal Parkway, that the city did not ask for it, and the city okayed it. He said they installed the signal and then they had to widen the intersection for the traffic signal. He said the only thing that was widened was at the intersection, which is something that is done anyway, in Little Rock. The rest of the street was left as a collector. Mr. Lawson stated when this application came along; the Whisenhunts stated the street was an arterial because they started building it as an arterial. Mr. Lawson stated that is not staff's position at all. He said when they looked at the Whisenhunt's PCD approved plan; the road is shown as a collector, and states collector on the plan. Mr. Lawson stated that he knew of no place in Little Rock where a road forks and both forks would be arterials, one of which dead ends. He said Wellington has not been built all the way across yet, and that is something the City is partly responsible for. The other problem is as you go to the south; this gets into the creek, which is another reason the road was downgraded some years ago. He said you couldn't get an arterial in this area. Mr. Lawson stated this month a amendment to the Master Street Plan would be taken to the Planning Commission again because there is some 9 Minutes: Little Rock Board of Directors Meeting October 7, 2003 confusion about this, and want to make it clear that this is a collector street, not an arterial. Mr. White, White Daters, Inc. stated they are willing to do whatever the city wants. He stated they prefer the collector; it is from a cost standpoint cheaper. He stated from doing survey work that the One Source driveway across the street from this location is built to a collector width, so they would be matching a collector width there, and the street the Whisenhunts built does flare to an arterial street. Mr. White stated they would do what the city requires, but prefer to construct a collector street. Director Keck asked if the application before the board states it is a collector street. Mr. White stated it was, and that was what the Planning Commission approved. Director Cazort made a motion to suspend the rules and place the ordinance on second reading, Director Hurst seconded the motion, and by majority voice vote of the Board members present, being two - thirds in number, the rules were suspended to provide for the second reading. Director Adcock voted no in suspending the rules to provide for the second reading. The ordinance was read the second time. Director Cazort, seconded by Director Hurst made a motion to suspend the rules and place the ordinance on third reading. By majority voice vote of the Board members present, being two - thirds in number, the rules were suspended to provide for the third reading. Director Adcock voted no on the suspension for rules to provide for the third reading. The ordinance was read the third time. By majority voice vote of the Board members present the ordinance passed. Director Adcock voted no. Directors Pugh, Hurst, Cazort, Keck Stewart, Wyrick, Kumpuris, Graves, Adcock, Vice Mayor Hinton, and Mayor Dailey voted yes. OTHER BUSINESS 30. ORDINANCE No. Z -5944 - Establishing a Planned Zoning District titled Williams Short -form PD -C (Z- 5944 -A), located at 3221 John Barrow Road Planning Commission: 10 yes, Ono, 1 absent. Staff recommends denial. synopsis: The applicant proposes to rezone the site from C -3, General Commercial to PD -C to allow a car lot to operate on the site. The ordinance was read the first time. Mr. Jim Lawson, Director of Planning and Development over-viewed the proposal. Mr. Lawson stated this was a request to add to a commercial development that is already located on Barrow Road. He said the applicant proposed to put in a car lot. Mr. Lawson stated what is there now is a strip shopping center, the property is a grassy undeveloped. HE stated the applicant wants to be able to sell used cars on that lot. They have asked for a five -year deferral for right -of -way and street improvements. Mr. Lawson there is no open display car lots or anything like that on Barrow Road. The city has worked hard to keep Barrow Road as offices and commercial. Mr. Lawson stated the Barrow Plan calls for medical offices and some medical offices have been developed and that staff was strongly opposed to putting in used cars and calling this a used car lot. Mayor Dailey asked Mr. Lawson to explain why staff is so strongly opposed, and the Planning Commission approved it. Mr. Lawson stated that part of what happened was that the item had been deferred several times, and the neighborhood did not know it was coming up that day. Mr. Lawson stated that staff felt there was opposition in the neighborhood, but could not state that since they were not at the meeting. Director Adcock asked if the whole grassy area would have to be paved. Mr. Lawson answered that it would. Director Adcock stated there is no building on the lot and it was her understanding that under Arkansas Law under car lots, a building designated for something else could not be used as a office for a car dealer. Mr. Lawson stated the applicant intended to use his tobacco sales shop as the office for the car lot. 10 Minutes: Little Rock Board of Directors Meeting October 7, 2003 Director Adcock asked Mr. Carpenter to check on this law. She asked how many cars would be allowed on the lot. Mr. Lawson stated he wanted eight spaces for cars to be sold and two for customers to park. Mr. Lawson stated he did not know if the city had ever done a deferral on a right -of -way. Director Adcock asked if the applicant owned the property. The applicant stated he was an agent. Director Pugh stated she had seen car lots that did not have offices on the lot, and also some that were not landscaped. Mr. Lawson stated there are some non - conforming car lots, but the ones going in now will have to be landscaped. Director Cazort asked if the application were passed, would the lot be big enough for a car lot if he had to dedicate the right -of -way. Mr. Lawson said it would not. Director Stewart asked if the Planning Commission set conditions. Mr. Lawson said they did not add any conditions, other than the applicant agreeing to have only eight cars, etc. Director Stewart asked what he difference was in this application, and one that was operating on Colonel Glenn across from the post office. Mr. Lawson explained that the newer ones have come in and asked for rezoning, with a site plan, and shows it as an automobile lit and they are required to landscape, that some are non- conforming uses. Mr. Larry Williams, the applicant stated he was raised in the John Barrow area, attended Romine Elementary School, and Henderson Junior High School. He said he talks to people who live in the area on a daily basis, because he already has a business there. He said he employs three people, and was attempting to start a new business, and had no complaints about his current business. He said he was trying to do positive things for the neighborhood. He said he was trying to abide by city rules and prosper. He said it would operate form 8 AM to 8PM, and said the type of car he would sell on the lot would not be junk cars for sale, they would be cars people could afford, and there would not be a repair shop on the lot. Ms. Carolyn Heitman, Secretary for the John Barrow Neighborhood Association, stated that Mr. Williams came to the neighborhood association in July with the project. She stated Mr. Williams heard concerns from people present at that meeting and had been told at that meeting that most members were not in support of the application due to the location, and that the neighborhood plans vision did not include a car lot on Barrow Road. She stated they were not at the September 4th meeting to voice opposition because they did not know about the deferral date. Ms. Heitman asked the Board to deny the request. Director Keck asked if a yes vote allows the application to go forward, and a no vote would deny it. Mr. Carpenter stated that was correct. Director Keck made a motion to suspend the rules and place the item on second reading. Director Adcock 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 second reading. The ordinance was read the second time. Director Keck, seconded by Director Adcock made a motion to suspend the rules and place the ordinance on third and final reading. 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. A roll call vote was taken and recorded as follows; Directors Pugh, Stewart, and Mayor Dailey voted yes, Directors Hurst, Cazort, Keck, Wyrick, Kumpuris, Graves, Adcock, Vice mayor Hinton voted no. The Ordinance failed. Mayor Dailey asked Mr. Moore, City Manager, and staff to work with Mr. Williams in possibly finding an alternative location for the business. 31. ORDINANCE NO. 1.8,959 - To amend Chapter 6 of the Code of Ordinances pertaining to Animal Services General provisions, Dogs and Cats. Synopsis: To amend a 11 Minutes: Little Rock Board of Directors Meeting October 7, 2003 part of the Animal Code to continue reorganization of the chapter sections and to address rabies control, minimum care and confinement of dogs, and dangerous /vicious dogs. 32. ORDINANCE NO. To repeal Chapter 34 of the City of Little Rock, AR. Revised Code of Ordinances and to add a new Chapter 34 entitled "Transportation Code "; to declare an emergency; and for other purposes. (Item deferred from 9 -2 -03) (Item is to be held on First Reading). Deferred to 11 -4 -03. 33. REPORT City of Little Rock Board of Directors. Director Wyrick read an excerpt from a letter from Mr. Harold Zook to Mr. Bruce Moore, regarding a problem that has been going on for some time in Southwest Little Rock. The letter was written to Mr. Moore after he attended the Southwest Little Rock Neighborhood's City Hall for A Day. The excerpt from the letter stated, " before the tour ended and we were going to the Mann Road Alert Center, the gate was observed with no lock on it and was partially opened. The lock was cleaned immediately and within seventy -two hours the yard waste was cleared from the street. In less than two hours, you corrected a problem that we had been unable to resolve in two years, your leadership ability was clearly established and you set a standard of progressive response to problem solving and I am sure you will expect the same high standards form your support staff. Under your leadership I will do everything possible to urge voters to pass your recommendations. Sincerely, Harold Zook ". Director Wyrick stated she thought that spoke well for what the neighborhoods are seeing in the City Manager, and was proud to receive this letter from Mr. Zook. Mayor Dailey reminded the Board and Citizens of the November 4th Bond Election. 34. REPORT - City Manager's Activity Report Director Keck made a motion seconded by Director Cazort to adjourn the meeting. By unanimous voice vote of the Board members present, the meeting was adjourned at 9:20 PM. ATTEST: Na y oo , City Clerk APPROVED: Jini bailey, Mayor 12