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HomeMy WebLinkAbout01-15-08Little Rock Board of Directors Meeting — Minutes - January 15, 2008 MINUTES BOARD OF DIRECTORS MEETING January 15, 2008 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mark Stodola presiding. Nancy Wood, City Clerk, called the roll with the following Directors present: Hendrix, Cazort, Adcock, Fortson, Kumpuris, Wyrick, Wright, Richardson, Vice Mayor Hurst, and Mayor Stodola. Director Keck was absent. Director Wyrick gave the invocation, which was followed by the Pledge of Allegiance. Mayor Stodola asked the Board to consider the listed Modifications. ADDITION: M -1. RESOLUTION NO. 12,640 Authorizing two (2) additional street improvement projects for the 2004 Bond Capital Improvement program including a contract modification for an extension of the Fourche Dam Pike from Richland Drive to the Fourche Creek Bridge and the construction of a traffic signal with intersection modifications at Vimy Ridge Road and Alexander Road. DEFERRALS 3. RESOLUTION — Authorizing the City Manager to enter into an agreement to transfer property to Natural Environs, Inc. for building two (2) affordable, super- energy efficient homes. Staff recommends approval. 17. To amend Chapter 6 of the Code of Ordinances pertaining to dogs; and for other purposes. Director Adcock, seconded by Director Richardson, made a motion to add Item M -1 to the Consent Agenda, and to defer Items 3 and 17 to February 5, 2008. CONSENT AGENDA (1— 7) 1. MOTION - To approve the minutes of the Board of Directors meetings of December 4, 2007, December 18, 2007, and the Reconvened Meeting of December 21, 2007. 2. RESOLUTION 12,635 - To authorize the City Manager to enter into a contract with Witt and Associates to provide lobbying services; and for other purposes. Staff recommends approval. Synopsis: The City of Little Rock solicited proposals for the provision of federal lobbying assistance in 2006 to help acquire funding and resolve issues. This was done in partnership with the Little Rock National Airport and the Little Rock Port Authority. The City's share of the contract will not exceed $35,000 for this calendar year. 1 Little Rock Board of Directors Meeting — Minutes - January 15, 2008 3. RESOLUTION - Deferred to Feb 5 - Authorizing the City Manager to enter into an agreement to transfer property to Natural Environments, Inc., for building two (2) affordable, super- energy efficient homes. Staff recommends approval. 4. RESOLUTION 12,637 - To authorize the City Manager to execute a contract for Master Plan in and around MacArthur Park. Staff recommends approval. Synopsis: A resolution to authorize the City Manager to execute a contract with Conway + Schulte Architects in a not to exceed amount of $100,000 plus reimbursable for Master Plan of MacArthur Park and Surrounding Area. 5. RESOLUTION 12,638 - Authorizing the City Manager to execute a contract for construction of a spray fountain in Riverfront Park; and for other purposes. Synopsis: A resolution to authorize the City Manager to execute a contract with Arkoma Playgrounds & Supply for construction of a spray fountain in Riverfront Park. 6. RESOLUTION 12,639 - To authorize the City Manager to enter into a contract with Larry D. Hale as part of the Mid -City Targeted Neighborhood Enhancement Plan. Staff recommends approval. Synopsis: Mr. Larry D. Hale is purchasing the property located at 2212 South Oak Street in the Mid -City Targeted Neighborhood Enhancement Plan (TNEP) area. Mr. Hale is requesting $13,288 in TNEP funds as part of the $66,440 rehabilitation project. The balance of the funds required for construction is provided through loan funds secured by Mr. Hale. The application has been reviewed and is recommended for funding. 7. RESOLUTION 12,636 - Authorizing the City Attorney to file suit to jointly Quiet Title or in the alternative, condemn a parcel of property on Old Fourche Bayou adjacent to the Little Rock Port Authority; and for other purposes. Staff recommends approval. The Consent Agenda was read. Director Adcock, seconded by Director Cazort, made a motion to adopt the consent agenda. By unanimous voice vote of the Board members present, the consent agenda (Items 1 -2, 4 -7, and M -1) was adopted. Director Keck was absent. PLANNING & DEVELOPMENT (Items 8 - 15) 8. ORDINANCE 19,904 - LU07 -13 -01 — To amend the Land Use Plan (16,222) in the 65th Street East Planning District from Industrial to Commercial; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: Land Use Plan Amendments in the 65th Street East Planning District from Industrial to Commercial for future development. 9. ORDINANCE 19,905 - Z -8282 - Reclassifying property located at 7000 Geyer Springs Road in the City of Little Rock, Arkansas, from R -2 to C -3; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The owner of the 1.2 Acre property located at 7000 Geyer Springs Road is requesting that the zoning be reclassified from R -2 to C -3. 2 Little Rock Board of Directors Meeting — Minutes - January 15, 2008 10. ORDINANCE 19,906 - Z -8283 — Reclassifying property located at 4800 Baseline Road in the City of Little Rock, Arkansas, from R -2 to C -4, with conditions; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The owner of the 2.04 acre property located at 4800 Baseline Road is requesting that the zoning be reclassified from R -2 to C -4 (with conditions.) 11. ORDINANCE 19,907 - Z -8284 - Reclassifying property located at 8707 Mabelvale Pike in the City of Little Rock, Arkansas, from R -2 to C -3; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The owner of the 2.67 acre property located at 8707 Mabelvale Pike is requesting that the zoning be reclassified from R -2 to C -3. 12. ORDINANCE 19,908 - Z -8285 - Reclassifying property located at 6423 Geyer Springs Road in the City of Little Rock, Arkansas, from I -2 to C -3; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The owner of the 0.54 acre property located at 6423 Geyer Springs Road is requesting that the zoning be reclassified from I -2 to C -3. 13. ORDINANCE 19,909 - A -311 — Accepting The Rocket Annexation (some 240 acres south and east of Cooper Orbit Road); adding certain land to the City of Little Rock, Arkansas. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The annexation of some 240 acres south and east of Cooper Orbit Road, in the east half of Section 7, T -1 -N, R -13 -W, to the City of Little Rock, Arkansas. The grouped items (Items 8 -13) were read the first time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinances were read the third time. By unanimous voice vote of the Board Members present the ordinances (8 -13) were passed. Director Keck was absent. 14. ORDINANCE 19,910 - To approve various amendments to Chapters 31 and 36 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for modification of various procedures, definitions, land use regulations and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. The ordinance was read the first time. Director Adcock, seconded by Director Hurst, made a motion to suspend the rules and place the ordinance on second reading. Tony Bozynski, Planning Director, gave an overview of the item. Gene Ludwig, Michael Lasiter, and Paul Black spoke against the ordinance saying the definitions were to broad and some to restrictive regarding the definitions of airport and landing field. Mr. Lasiter asked the Board if the proposed change would require a permit for any landing spot. 3 Little Rock Board of Directors Meeting — Minutes - January 15, 2008 Mr. Carpenter suggested the word "Continuously ", be added to the proposed definition of landing facility. By unanimous voice vote of the Board Members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time as amended. Director Adcock, seconded by Director Hurst, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, being two thirds in number, the rules were suspended and the ordinance was read the third time as amended. By unanimous voice vote of the Board Members present, being two thirds in number, the ordinance (Item 14) was passed. Director Keck was absent. 15. ORDINANCE - Failed - Z -8263 — To appeal the Planning Commission's recommendation to deny a Planned Commercial District at 310 North Van Buren Street. Planning Commission: I aye, 6 nays, 3 absent, and I open position. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's action of denial for a rezoning of the site from R -3 to PD -C to allow a full service beauty and nail sale to operate from the site This item was not voted on at the December 4, 2008 Meeting. Tom Carpenter, City Attorney, stated at the December 4, 2007, meeting that the Board did not have to vote on the item because of the failure of the Land Use Plan item that accompanied this item. Mr. Carpenter had requested that the record show a defeat of the Planned Commercial Development ordinance, as a direct result of the defeat of the Land Use Plan ordinance. In this instance the applicant was asking for a Planned Development that would have to fit in with the Land Use Plan; and by defeat of the Land Use Plan, by definition, the Planned Development can not be made compatible with the area. Mr. Carpenter went on to explain that his previous interpretation of the voting issue had been incorrect, and the Board did need to vote on the Planned Development. Notices in regard to this issue coming before the Board again on January 15, were sent to all those that attended the meeting on December 4 th Steve Niswanger, representing Kimberly Mensie, gave a brief history of why his client appealed the Planning Commission's decision. He noted that there were several businesses in close proximity of his clients Van Buren address. He clarified that there would be one full time operator (Ms. Mensie doing nails), and two part-time hair hairstylists. He indicated that traffic would be minimal because the clients would be seen by appointment only. Ms. Mensie's living arrangements were also clarified; she will be living in the garage apartment on the property. Paula Lingo, Scott Smith (Hillcrest Residents Association President), Rena Sheffer, Marcia Camp, and Ruth Bell (Pulaski County League of Women Voters) were present to speak in opposition of the applications (Item 15). Many of those who spoke in opposition were residents of the area on neighboring streets. The major issues of concern included: increase of crime due to commercial use, potential decline of property values in the area; increase of traffic; and enforcement of the zoning laws and requirements on the property if the applications were passed. There was also a request to allow the area to remain as it is by disallowing any more commercial zoning. They said this was not about business, it was about property, and they did not want to see the residential components of the area eroded. 11 Little Rock Board of Directors Meeting — Minutes - January 15, 2008 Becky Whelan, Tammy Cumbie, Carolyn Johnson, A.R. McKinney, Sandra Tindall Heather Broner, and Elizabeth Clark were present to speak in favor of the application (Items 15). Those who spoke in favor included neighbors of the property and clients of the business. They indicated that Ms. Mensie was a good business owner; that she easily controlled the traffic coming in and out of her business with the "by appointment only" stipulation; and the business was quiet. They indicated that she had made several improvements to an otherwise deteriorating property by fixing up the house on the property, clearing away overgrowth of grass and plants, cleaning up debris and trash in the area and surrounding alley, and adding more lighting. The neighbor across the alley from the house indicated that the additional lighting and activity in the area may over time decrease some of the crime in the area. The consensus of this group was that the business and Ms. Mensie would contribute to the area. The ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors Wright, Wyrick, Hendrix, and Richardson voted yes, Directors Kumpuris, Fortson, Adcock and Hurst voted no. Director Cazort recused at the beginning of the discussion due to a conflict of interest. Director Keck was absent. The ordinance (Item 15) failed. OTHER BUSINESS (Item 16 - 17) 16. ORDINANCE 19,911 - To create a Land Bank Commission for the City of Little Rock, Arkansas; to set forth certain duties and responsibilities of the Commission; to declare an emergency; and for other purposes. Staff recommends approval. The ordinance was read the first time. Director Adcock, seconded by Vice Mayor Hurst, made a motion to make an amendment to the ordinance. The amendment was in Section 3, to take out the last line, and add a comma, and to add the language "maintain the architectural fabric of the community." She stated that in speaking with some of the historic preservationist, this would address their concerns. Vice Mayor Hurst, seconded by Director Richardson, made a motion to approve the amendment. By unanimous voice vote of the Board Members present, the amendment was approved. Vice Mayor Hurst, seconded by Director Richardson, made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, being two thirds in number, the rules were suspended and the ordinance was read the second time. Vice Mayor Hurst, seconded by Director Richardson, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, being two thirds in number, the rules were suspended and the ordinance was read the third time. By unanimous vice vote of the Board Members present the ordinance (Item 16) and the emergency clause were passed. 17. ORDINANCE - Deferred to February 5, 2008 - To amend Chapter 6 of the Code of Ordinances pertaining to dogs; and for other purposes. 5 Little Rock Board of Directors Meeting— Minutes - January 15, 2008 CITIZENS COMMUNICATIONS Speaker: Toneile Watts Topic: Vicious Dogs. Ms. Watts showed pictures of bites and cuts of where a pit bull dog had attacked her ten year old son. Ms. Watts stated she was in favor of banning pit bull dogs in the City and felt this particular dog should be euthanized. Mayor Stodola informed Ms. Watts that a discussion regarding vicious dogs was scheduled to take place on February 5, 2008, and told Ms. Watts she was welcome to come to that meeting for the discussion. Director Cazort, seconded by Vice Mayor Hurst, made a motion to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned at 7:50 P.M. ATTEST: Nancy W ode CMC City Clerk APPROVED: Mark Stodola Mayor 0