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HomeMy WebLinkAbout04-01-08Little Rock Board of Directors Meeting Minutes - April 1, 2008 Little Rock Board of Directors Meeting April 1, 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, Adcock, Keck, Cazort, Richardson Fortson, Kumpuris, Wyrick, Wright, Vice Mayor Hurst, and Mayor Stodola. Director Wyrick was absent. Director Adcock delivered the invocation, which was followed by the Pledge of Allegiance. Mayor Stodola asked that the listed modifications be considered: DEFERRALS: 11. ORDINANCE (Z -8304) — Deferred to April 15, 2008. Reclassifying property located at 14824 Crystal Valley Road in the City of Little Rock, Arkansas, form R -2 to AF; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the 31.5 acre property located at 14824 Crystal Valley Road is requesting that the zoning be reclassified form R -2 to AF. 20. PUBLIC HEARING & ORDINANCE G -23 -396 — Deferred to May 6, 2008. To abandon portions of Corning Drive, Selma and East 10th Streets and alleys located within and adjacent to Blocks 6 and 15, Industrial Park Addition; Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, 12 absent. Staff recommends approval. (Deferred from March 18, 2008). Synopsis: Little Rock National Airport, adjacent property owner, requests to abandon portions of Corning Drive, Selma and East loth Streets and alleys located within and adjacent to Blocks 6 and 15, Industrial Park Addition; and for other purposes. Director Adcock made a motion, seconded by Director Cazort to amend the agenda to include the deferrals listed. By unanimous voice vote of the Board Members present, the Modifications were accepted. The Consent Agenda consisted of Items 1— 80 1. MOTION To approve minutes of the regular Board of Directors Meetings of February 5, 2008, and March 4, 2008. 2. RESOLUTION NO. 12672 Declaring April 2008 to be "Child Abuse Prevention Month" in the City of Little Rock, Arkansas; and for other purposes. 3. RESOLUTION NO. 12673 G -25 -199 — To change the name of a portion of Marshall Street to Children's Way. Planning Commission: 9 ayes, o nays, 2 absent. Staff recommends approval. Synopsis: Arkansas Children's Hospital and the majority of owners and occupants of properties abutting Marshall Street between West 8th Street and Daisy L. Gaston Bates Drive are requesting that the name of that portion of the street be changed to Children's Way. Little Rock Board of Directors Meeting Minutes - April 1, 2008 4. RESOLUTION NO. 12674 - To call upon sub -prime mortgage lenders, servicers for properties and adjustable rate home mortgages, located in the City of Little Rock, Arkansas, to be sensitive to the impact of home foreclosures on the local economy and surrounding properties; to seek creative methods not to foreclose on these properties for a six month period of time; and for other purposes. 5. RESOLUTION NO. 12675 - To certify local government endorsement of Sage V Foods, LLC, located at the Port of Little Rock, Little Rock, Arkansas, to participate in the Arkansas Tax Back Program (as authorized by Section 15- 4- 2706(D) of the Consolidated Incentive Act of 2003); and for other purposes. Staff recommends approval. Synopsis: The project will result in 60 -100 new jobs and there will be a total investment of $22,636,000. 6. RESOLUTION NO. 12676 - To approve a purchase order with Cruse Uniforms, Inc., state contract vendor, for the purchase of Little Rock Police Department ammunition for the 2008 Police Recruit School. Staff recommends approval. Synopsis: The Police Department is requesting approval to award a purchase order to Cruse Uniforms, Inc., the State contract vendor for Remington ammunition, for the purchase of Police ammunition for the 2008 Police Recruit School. $104,968.38 is available from 2008 Police Departmental budget accounts. 7. RESOLUTION NO. 12677 — To approve a purchase order with Cruse Uniforms, Inc., for the purchase of Little Rock Fire Department uniforms, in an amount not to exceed $125,000 per year. Staff recommends approval. Synopsis: The Little Rock Fire Department is requesting approval to authorize the City manager to enter into a contract with Cruse Uniforms for the purchase of Fire Department Uniforms for department personnel. 8. RESOLUTION NO. 12,678 - To approve a contract with American Solutions for the purchase of Little Rock Fire Department job shirts, in an amount not to exceed $17,000 per year. Staff recommends approval. Synopsis: The Little Rock Fire Department is requesting approval to authorize the City Manager to enter into a contract with American Solutions for the purchase of Fire Department job shirts for department personnel. Director Adcock made a motion seconded by Vice Mayor Hurst to hold Item 4 separately for a presentation by Director Richardson who sponsored the resolution. By unanimous voice vote of the Board Members present the motion carried. The Consent Agenda consisting of items 1 -3, and 5 -8 was read. A motion was made by Director Adcock seconded by Director Cazort to adopt the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was adopted. Item 4, was held separately and Director Richardson gave an overview of the cost, impact and effects of home foreclosures, and asked the mortgage lenders, service providers for properties and adjustable rate mortgages, located in the City of Little Rock, to delay foreclosure for a six month period of time. A motion was made by Director Adcock, seconded by Director Richardson to adopt the resolution. By unanimous voice vote of the Board Members present, the (Item 4) resolution was adopted. 2 Little Rock Board of Directors Meeting Minutes - April 1, 2008 CITIZENS COMMUNICATIONS Speaker: Ruth Bell Topic: Recycling Awareness Speaker: Luke Scrabble Topic: Clarification on Advertising and Promotions Commission Report Speaker: Robert Webb Topic: No Land Bank Commission Representation in Ward 2 The Grouped Items consisted of Items 9 -10, and Items 12 -16. Item 11 was deferred to April 15, 20080 9. ORDINANCE NO. 19941 - LU- 08 -20 -01 - A Land Use Plan Amendment in the Pinnacle Planning District located at the north terminus on Valley Ranch Drive, west of Patrick County Road from Single Family to Office and Low Density Residential for future development. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: A Land Use Plan Amendment in the Pinnacle Planning District located at the north terminus on Valley Ranch Drive, west of Patrick County Road from Single Family to Office and Low Density Residential for future development. 10. ORDINANCE NO. 19942 - Z -8301 - Reclassifying property located at 7101 Valley Ranch Drive in the City of Little Rock, Arkansas, from R -2 to 0-3; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the undeveloped 3.88 acre property located at 7101 Valley Ranch Drive is requesting that the zoning be reclassified from R -2 to 0-3 11. ORDINANCE (Deferred to April 15, 2008) Z -8304 — Reclassifying property located at 14824 Crystal Valley Road in the City of Little Rock, Arkansas, from R -2 to AF; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the 31.5 acre property located at 14824 Crystal Valley Road is requesting that the zoning be reclassified from R -2 to AF. 12. ORDINANCE NO. 19944 - Z- 3371 -V — Reclassifying Property located at the southwest corner of Colonel Glenn Road and Colonel Glenn Court from C -3 to C -4; in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The owner of the undeveloped 6.306 -acre property located at the southwest corner of Colonel Glenn Road and Colonel Glenn Court from C -3 to C -4. 13. ORDINANCE NO. 19945 - Z -8308 — Approving a Planned Zoning Development and establishing a Planned Industrial District titled Calvary Bread of Life Ministries Short -Form PID, located between West 33rd Street and West 34th Street, fronting Jane Street and Mabelvale Pike Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The request is a rezoning of the site from I -2, Light Industrial District to PID to add a church as an allowable use for the property. 3 Little Rock Board of Directors Meeting Minutes - April 1, 2008 14. ORDINANCE NO. 19943 - MSP — Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance for dedication of right -of -way as required by the Master Street Plan for North University Avenue. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: Authorizes a reduction in the Master Street Plan right -of -way dedication along the frontage of 424 North University Avenue for Storthz Short -Form POD. 15. ORDINANCE NO. 19947 Z- 8152 -A — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Storthz Short -Form PCD, located at 424 North University Avenue, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing a rezoning from 0-3 to PCD to expand the allowable uses for the site. 16. ORDINANCE 19948 - Condemning certain structures in the City of Little Rock, Arkansas, as structural, fire and health hazards; providing for the summary abatement procedures; directing the City Attorney to take such action as is necessary to raze and remove said structures; declaring an emergency; and for other purposes. Staff recommends approval. Synopsis: Two (2) residential structures in dilapidated and /or burned condition are causing negative environmental impact on the residential neighborhoods in which they are located. The first reading on ordinances (Items 9, 10, 12, 13, 14, 15, and 16) was read the first time. A motion was made by Director Adcock, seconded by Director Richardson 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. A motion was made by Director Adcock seconded by Director Richardson to suspend the rules and place the ordinances on third and final 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 being two - thirds in number the ordinances were passed. SEPARATE ITEMS (Item 17) 17. ORDINANCE 19949 Z -8286 — Reclassifying property located on the east side of Vimy Ridge Road, approximately 250 feet north of County Line Road, from R -2 to C -1. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. (1St reading held on March 18, 2008). Synopsis: The owner of the 2.59 acre tract located along the east side of Vimy Ridge Road, approximately 250 feet north of County Line Road, is requesting that the zoning be reclassified from R -2 to C -1. The ordinance was read the second time to include amendments made and voted (in the affirmative) at the March 18, 2008 Little Rock Board of Directors Meeting. Director Adcock made the motion to suspend the rules and place the ordinance on third reading. Mr. Bob Roberts, applicant restated the amendments. Director Adcock stated that she believed as Director Wyrick had stated into he previous meeting, that this development was to close to the property lines in the adjoining area, and felt the noise and traffic that would be generated would be too intense for the neighbors.. (See discussion in the minutes of March 18, 2008). 11 Little Rock Board of Directors Meeting Minutes - April 1, 2008 A roll call vote was taken and recorded as follows: Directors Hendrix, Richardson, Cazort, Wright, Keck, Kumpuris, Fortson, Vice Mayor Hurst voted in favor. Director Adcock was opposed. Director Wyrick was absent. The ordinance was passed. PUBLIC HEARINGS (Items 18 — 20) 18. PUBLIC HEARING & ORDINANCE NO. 19946 - Z -7603 - To approve the Planned Zoning Development and establishing a Planned Commercial District titled Cantrell Falls Long -Form PCD, located north of Cantrell Road and west of Taylor Loop Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 5 ayes, 4 nays, I recusal and I absent. Staff recommends approval. (Deferred from March 4, 2008). Synopsis: The request is to appeal the Planning Commission's denial of the revision to a previously approved PCD and a POD to allow a unified development plan for this eight (8) plus acre site containing a mixed use development of office, retail and restaurant uses. Mayor Stodola opened the public hearing. The ordinance was read the first time. A motion was made by Vice Mayor Hurst, seconded by Director Hendrix to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present the ordinance was read the second time. A motion was made by Director Adcock, seconded by Director Cazort 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 and the ordinance was read the third time. The history of the development was presented by Mr. Dana Carney, Planning and Development. Mr. Carney stated that the applicant is now proposing a revision to the previously approved combining them into a single four (4) lot development for PDC Companies Short -form POD and 14910 Cantrell Road Short - form PCD now titled Cantrell Falls Long -form PCD. The developer is requesting the allowance of a 3,400 square foot drive - through restaurant on Lot 1, a 29,180 square foot office building on Lot 2, including a banking facility with drive - through service, a 6,560 square foot restaurant on Lot 3 and a 4,000 square foot restaurant, a 11,617 square foot retail center and a 2,000 square foot bank on Lot 4. The hours of operation for the development are proposed from 6 am to midnight seven days per week. Mr. Gary Dean, representing the applicant, stated it was important to develop the site under a unified development plan and allow grading of the entire site with the initial construction. He stated the development was proposed complying with the previously approved development plans for each of the individual tracts. He stated the developers were complying with the City ordinances and standards for development of the site. Ms. Celia Martin addressed the Commission in opposition of the request. She stated she was a resident of the Westchester Neighborhood and lived on Canterbury Court. She stated a number of the residents of Westchester had submitted letters of opposition to the development. She stated the concerns were drainage, noise and the increasing of activity on the site. She stated the order board proposed for Lot 1 was not a part of the initial approval. She also stated the development of Lot 4 was more intense than originally expected. She stated with the placement of a drive - through on the site the neighborhood would hear the noise from the restaurant and the boom boxes waiting for service on the site. Ms. Martin stated the hours of operation for the eastern lots were being extended from the original approval. She stated the hours for the restaurants were approved from 10:00 am to midnight and not the 6:00 am as presently proposed. 5 Little Rock Board of Directors Meeting Minutes - April 1, 2008 She stated the neighborhood was opposed to the development for a number of reasons but the primary reason was the intensity of the development with three restaurant site, two bank sites additional commercial and office activities. She stated the traffic the site would generate and activity planned for the site was not within the perimeter of the original approval. Ms. Ruth Bell addressed the Commission in opposition. She stated she was representing the League of Women Voters and the League was opposed the development because of the creep. She stated the original plan indicated commercial at the node and the node had expanded and expanded and with the current site plan the site was not a mixed use development but a commercial development with a number of intense commercial activities. She stated the development should step down from commercial to office uses with V2 the development retail and the other office. There was lengthy discussion and presentation on the issues, in particular the burming of the development site. Director Kumpuris had questions concerning what the burms and landscaping would look like once it was in place. Mayor Stodola stated that needed clarification because the Board has no idea what the burms would look like. Mr. Dean the developer offered an amendment to the ordinance, which he stated he would like to be read into the record. Mr. Carpenter stated the City cannot make demands of an applicant and asked them to do something in order for them to get their development, because that could lead to "takings" litigation and he stated he needed to ask the question. Mr. Carpenter said because the architect is making representation that there were amendments to the ordinance asked if this was the intent all along, or are you making the amendment because you want the ordinance passed. Mr. Dean, the architect representing the applicant answered that they were offering the amendment because this was their intent all along, and would like to read the amendment into the record. Mr. Dean asked Ms. Elizabeth Smart, the CEO of PDC Companies (Architects for the project) to read the statement into the record. Mayor Stodola recognized Ms. Smart, who read the following statement: "The applicant agrees to provide earth sculpturing burm and landscaping that stratifies or exceeds the Highway 10 Overlay requirements. Additionally the applicant will add buffering in the form of a stone water feature with the theme of Cantrell Falls. Director Keck asked if the application needed to be amended. Mr. Carpenter answered that the ordinance would be amended to reflect the statement. Mr. Carpenter again asked the question if they were amending because that was their intent all along, or if they were making the amendments to get the ordinance passed. Ms. Smart answered that the applicant is thrilled to do this, and want to make it acceptable to the neighbors, and had conservations with them during the break, and (Ms. Martin) one of the neighbors here tonight, was not opposed to what is planned. Director Cazort asked Ms. Smart if she was making this change voluntarily because this is part of the plan and to make sure it is in the ordinance. Ms. Smart answered yes. Mayor Stodola, stated this is a language clarification amendment, closed the public hearing and called for a roll call vote. The roll was called and recorded as follows: Directors Hendrix, Richardson, Cazort, Wright, Keck, Kumpuris, Fortson, Adcock, Vice Mayor Hurst voted yes. Director Wyrick was absent. The ordinance was passed. 19. PUBLIC HEARING & ORDINANCE NO. 19950 - G-23-395 — To abandon portions of Crosby Drive, Ventura Avenue, Bedford Drive and East 10th Street and alleys located with and adjacent to Blocks 36 and 43, Industrial Park Addition, Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. (Deferred from March 18, 2008). Synopsis: Little Rock National Airport, adjacent property owner, requests to abandon portions of Crosby Drive, Ventura Avenue, Bedford Drive and East 1Oth Street and alleys located within and adjacent to Blocks 36 and 43, Industrial Park Addition, Little Rock, Arkansas. 0 Little Rock Board of Directors Meeting Minutes - April 1, 2008 Mayor Stodola opened the public hearing. There was no one present to speak in favor or in opposition to the item. The ordinance was read the first time. A motion was made by Director Adcock seconded by Director Cazort 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 a motion was made by Director Adcock seconded by Director Cazort 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. A motion was made by Director Adcock seconded by Director Hendrix 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 he rules were suspended and the ordinance was read the third time. B unanimous voice vote of the Board Members present, the ordinance was passed. Director Wyrick was absent. 20. PUBLIC HEARING & ORDINANCE (Deferred to May 6, 2008) G -23 -396 — To abandon portions of Corning Drive, Selma and East 101h Streets and alleys located within and adjacent to Blocks 6 and 15, Industrial Park Addition; Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. (Deferred from March 18, 2008) Synopsis: Little Rock National Airport, adjacent property owner, requests to abandon portions of Corning Drive, Selma and East 10`h Streets and alleys located within and adjacent to Blocks 6 and 15, Industrial Park Addition; and for other purposes. OTHER BUSINESS (Items 21 - 22) 21. REPORT - Little Rock Board of Directors Board and Commission Updates (April 1, 2008). 22. EXECUTIVE SESSION & RESOLUTION — 12679 - To make appointments to the Oakland Fraternal Cemetery Board. A motion as made at 8:15 by Director Cazort, seconded by Director Kumpuris to go into executive session. By unanimous voice vote of the Board Members present the meeting was recesses to make nominations to appointments to the Oakland Fraternal Cemetery Board. The meeting was called back in session by Mayor Stodola. Mr. Moore, City Manager, announced that Mr. John E. Bush was nominated to fill the vacancy on the Oakland Cemetery Board of Trustees. A motion was made by Director Cazort seconded by Director Keck to appoint Mr. John E. Bush. By unanimous voice vote of the Board members present, the appointment was made. A motion was made by Director Wright, seconded by Director Richardson t adjourn the meeting. By unanimous voice vote of the Board Members present the meeting was adjourned at 9:00 PM. ATTEST: i Na cy Wood fCMC City Clerk APPROVE: Mark Stodola Mayor 7