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HomeMy WebLinkAbout02-05-08Little Rock Board of Directors Meeting — Minutes — February 5, 2008 MINUTES BOARD OF DIRECTORS MEETING February 5, 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, Richardson, Cazort, Wright, Kumpuris, Fortson, Adcock, Vice Mayor Hurst, and Mayor Stodola. Directors Keck and Wyrick were absent. Director Wright gave the invocation, which was followed by the Pledge of Allegiance. Mayor Stodola asked the Board to consider the modifications to the agenda. ADDITION: M -1. ORDINANCE 19,919 - To expand eligibility for appointment to the Oakland Fraternal Cemetery Board and to further amend Little Rock City Code 9 -97 to conform to current law. Staff recommends approval. Synopsis: This ordinance amends Little Rock City Code 9 -97 to expand eligibility requirements for appointment to Oakland Fraternal Cemetery. It also amends "City Manager" to "Mayor" in that section to conform to current law. Director Cazort, seconded by Director Richardson, made a motion to add Item M -1 to the grouped items on the agenda. By unanimous voice vote of the Board members present, Item M- 1 was added to the grouped items. Directors Keck and Wyrick were absent. Mayor Stodola requested that the City Clerk read the consent agenda. CONSENT AGENDA (Items 1 -11) 1. MOTION - To approve Minutes of the Board of Directors Meetings of January 8, 2008, and January 15, 2008. 2. MOTION - Z -693 3 -B - To set the date of public hearing for February 19, 2008, on an appeal of the Planning Commission's approval of a Conditional Use Permit allowing a convenience store with gas pumps on the C -1 zoned property located at 14100 Kanis Road, Little Rock, Arkansas. Planning Commission: 11 ayes, 0 nays. Staff recommends denial of the Conditional Use Permit. Synopsis: A record objector is appealing the Planning Commission's approval of a Conditional Use Permit to allow a convenience store with gas pumps on the C -1 zoned property located at 14100 Kanis Road. 3. MOTION - Z -8214 — To set the date of public hearing for February 19, 2008, on an appeal of the Planning Commission's denial of a Special Use Permit to allow a day care family home at the R -3 zoned property located at 3200 Gilman Street, Little Rock, Arkansas. Planning Commission: 4 ayes, 7 nays. Staff recommends approval of the Special Use Permit. Synopsis: Applicant is appealing the Planning Commission's denial of a Special Use Permit to allow a day care family home at the R -3 zoned property located at 3200 Gilman Street. 1 Little Rock Board of Directors Meeting — Minutes — February 5, 2008 4. RESOLUTION 12,641 - G -23 -394 — To set the date of public hearing for February 19, 2008, requesting an abandonment of the thirty -seven (37) -foot wide County Club Lane right -of -way located adjacent to that property. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The owner of the property located at 2422 County Club Lane is requesting the abandonment of the thirty -seven (37) -foot wide County Club Lane right -of- way located adjacent to the property. 5. RESOLUTION 12,642 - Declaring the intent of the City of Little Rock, Arkansas, to make certain expenditures toward capital improvements for the City public libraries and to refund one or more prior bond issues for the library and to reimburse itself for such expenditures from the proceeds of library bonds of the City; and prescribing other matters relating thereto. Staff recommends approval. 6. RESOLUTION 12,643 - To authorize the City Manager to enter into a lease with the Martin Luther King Heritage and Enrichment Center, Inc., for the building located at 3 012 Martin Luther King Jr. Drive; and for other purposes. Staff recommends approval. Synopsis: The resolution authorizes the City Manager to enter into a lease with the Martin Luther King Heritage and Enrichment Center Inc., for 3 012 Martin Luther King Jr. Drive. 7. RESOLUTION 12,644 - To certify local government endorsement of LM Glasfiber located at 7301 Lindsey Road, Little Rock, Arkansas, to participate in the Arkansas Tax Back Program as authorized by Section 15- 4 -2706d of the Consolidated Incentive Act of 2003; and for other purposes. Staff recommends approval. 8. RESOLUTION 12,645 - To certify local government endorsement of AT &T located at 1111 West Capitol Avenue, Little Rock, Arkansas, to participate in the Arkansas Tax Back Program as authorized by Section 15- 4 -2706d of the Consolidated Incentive Act of 2003; and for other purposes. Staff recommends approval. 9. RESOLUTION 12,646 - To certify local government endorsement of Vsurance located at 220 West 6th Street, Little Rock, Arkansas, to participate in the Arkansas Tax Back Program as authorized by Section 15- 4 -2706d of the Consolidated Incentive Act of 2003; and for other purposes. Staff recommends approval. 10. RESOLUTION 12,647 - To certify local government endorsement of International Computer Systems, Inc., located at 10925 Otter Creek East Boulevard, Little Rock, Arkansas, to participate in the Arkansas Tax Back Program as authorized by Section 15- 4 -2706d of the Consolidated Incentive Act of 2003; and for other purposes. Staff recommends approval. 11. RESOLUTION 12,648 - Of intent to authorize the City Manager to execute a three (3) - year core cal maintenance agreement with SHI, Inc., in the total amount of $147,234.15 ; and for other purposes. Synopsis: Authorizes the City Manager to enter into a three (3) - year renewal of the City's core Client Access Licenses through a Microsoft Enterprise Agreement, in a form agreeable to the City Attorney, which will allow all the City's computer workstations to continue to connect legally to all City servers with the most current version of software that supports, e- mail, file shares, system management services and share point. 2 Little Rock Board of Directors Meeting — Minutes — February 5, 2008 The Consent Agenda consisting of Items 1 -11 were read. Director Adcock, seconded by Director Richardson, made a motion to adopt the Consent Agenda By unanimous voice vote of the Board members present, the Consent Agenda (Items 1 — 11) was adopted. Directors Keck and Wyrick were absent. Mayor Stodola called for the first reading of the grouped items to include M -1. GROUPED ITEMS (Items 12 - 17) 12. ORDINANCE 19,912 - Z-4213-1 — Approving a Planned Zoning Development and establishing a Planned Office District titled Lot 1 Bowen Plaza Revised Long -Form POD, located on the northwest corner of Colonel Glenn Road and Bowman Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The request is to allow a revision to the previously approved POD to add additional uses as allowable uses for Lot 1 of the development and remove any restriction for the hours of operation for the development. 13. ORDINANCE 19,913 - Z- 4524 -F — Approving a Planned Zoning Development and establishing a Planned Zoning District and establishing a Planned Office District titled GCC Addition Lots 3A and 3B Short -Form POD, located at 12814 Cantrell Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The request is a rezoning of the site from 0-2, Office and Institutional to POD to allow the development of the site containing two (2) lots and three (3) buildings. 14. ORDINANCE 19,914 - Z- 6345 -B — Approving a Planned Zoning Development and establishing a Planned Residential District titled Mulkey Short -Form PD -R, located at 208 Rose Street, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The request is a rezoning of the site from R -3, Single - Family to PD -R to allow three (3) residential units on this single zoning lot. 15. ORDINANCE 19,915 - Z -8292 — Approving a Planned Zoning Development and establishing a Planned Office District titled the House of Vision Short -Form POD, located at 1921 Wright Avenue and 1853 Summit Avenue, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The request is a rezoning of the site from R -4, Two - Family District to POD to allow the site to redevelop as an office use. 3 Little Rock Board of Directors Meeting — Minutes — February 5, 2008 16. ORDINANCE 19,916 - Z -8295 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Velvatex Beauty College Short -Form PCD, located at 1520 Dr. Martin Luther King Jr. Boulevard, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The request is a rezoning of the site to recognize an existing non - conforming commercial use ( Velvatex Beauty College). 17. ORDINANCE 19,917 - To amend Little Rock, Arkansas Revised Code 2 -243 (1988) to declare Youth Intervention and Prevention Services a Professional Service for the City of Little Rock, Arkansas, and for its various Boards and Commissions; and for other purposes. Staff recommends approval. Synopsis: To amend Little Rock, Arkansas Revised Code 2 -243 (1988) to declare Youth Intervention and Prevention Services a Professional Service. M -1. ORDINANCE 19,919 - To expand eligibility for appointment to the Oakland Fraternal Cemetery Board and to further amend Little Rock City Code 9 -97 to conform to current law. Staff recommends approval. Synopsis: This ordinance amends Little Rock City Code 9 -97 to expand eligibility requirements for appointment to Oakland Fraternal Cemetery. It also amends "City Manager" to "Mayor" in that section to conform to current law. The grouped items (Items 12 -17 and M -1) 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 (12 -17 and M -1) were passed. Directors Keck and Wyrick were absent. Director Cazort, seconded by Director Richardson, made a motion to hold Item 18 until Director Keck arrived for the meeting. There were no objections Mayor Stodola requested the first reading of Item 19. SEPARATE ITEMS (Items: 18 - 19) 18. ORDINANCE - Deferred to 02/19/08 - A -312 & Z -8297 — Accepting the Porocel -Green Annexation (No. A -312), adding certain lands to the City of Little Rock, Arkansas; and classifying said property to I -1, Industrial Park (Z- 8287); amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, Staff recommends approval. Synopsis: The annexation of some fifty (50) acres along the west side of Arch Street Pike, north of Dixon Road and zoning said land to I -1, Industrial Park. 11 Little Rock Board of Directors Meeting — Minutes — February 5, 2008 19. ORDINANCE 19,918 - Z -8294 — Approving a Planned Zoning Development and establishing a Planned Residential District titled Oak Glen Short -Form PD -R, located in the 1900 Block of Watt Street, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes, 3 nays, I absent. Staff recommends approval. Synopsis: The request is a rezoning of the site from R -2, Single - Family to PD -R to allow the development of eleven (11) Single - Family residential lots. Item 19 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. 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. Director Adcock, seconded by Director Hurst, made a motion to suspend the rules and place the ordinance on third reading. Director Cazort expressed some concerns regarding flooding on the property. He requested a report from staff on the issue. Tony Bozynski, Planning Director, gave an overview of the project. He stated that engineering plans will have to be submitted that will address the drainage and retention plans, but it is not a portion of the original application. Ronnie Lowe, Public Works Director, spoke to potential solutions to the issue and indicated that the plans have to be submitted before a Grading Permit will be granted. Jim Brown, developer of project, expressed that he felt like the drainage and retention issues on the property would be easy to control and described some of the things they might do to address the problems. He also indicated that he was willing to comply with all of the requests of the City. A roll call vote was taken and recorded as follows: Directors Wyrick, Kumpuris, Fortson, Adcock, Hendrix, Richardson, and Vice Mayor Hurst voted yes. Director Cazort voted no. Directors Keck and Wyrick were absent. The ordinance was (Item 19) passed. PUBLIC HEARINGS (Items: 20 - 22) Mayor Stodola opened the public hearing on Item 20 and requested the first reading. 20. PUBLIC HEARING & ORDINANCE - Deferred to 02/12/08 - Z -8258 — To rescind the Planning Commission's recommendation of denial for a rezoning request for this site from R -2, Single - Family to PCD to allow the construction of a skate center on the property located at 3200 Baseline Road, Little Rock, Arkansas. Planning Commission: 0 ayes, 11 nays. Staff recommends approval. Synopsis: An appeal of the Planning Commission's recommendation of denial for a rezoning request for this site from R -2, Single - Family to PCD to allow the construction of a skate center on the property Item 20 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. 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. 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. 5 Little Rock Board of Directors Meeting — Minutes — February 5, 2008 Director Kumpuris requested a staff presentation. Director Adcock requested that the citizen letters be added to the record. Director Hendrix requested an interpretation of the staff recommendation. Bruce Moore, City Manager, gave an overview of the staff recommendation and indicated that citizen opposition was a great factor in the process. Tony Bozynski, Planning Director, gave an overview of the application and the Planning Commission Meeting and entertained questions from the Board. The major area of concern was failure of the applicant to agree to specific hours of operation. Director Cazort requested that the debate be limited to fifteen (15) minutes per side in favor and opposition of the project. Those present to speak in favor of the application were Jody Carter, Earnest Franklin, Lena Gilliam, and James Gilliam (applicant). They major topics addressed were that the development was not close enough to homes to cause a noise issue, that it will never be developed into residential property, that it is a positive development for youth, and that they felt it would be a well run business. Mrs. Gilliam also indicated that computers would be on the site for the purpose of tutoring, for which she is going to volunteer her time. James Gilliam, applicant, indicated that his development was intended for families, that it would have security, and that the hours of operation would be from Thursday — Sunday from 6 PM — 12 AM, and that the building would be soundproof. Director Adcock asked about curfew, security, and parking. Mr. Gilliam indicated that the property would be secured by a Pulaski County or Little Rock Police Officer and that there would also be private security for patrolling the parking lot. The property would have 70 parking slots which were approved by Planning. Director Richardson asked how the incorporation of the tutoring would work on the property. Mr. Gilliam indicated that the tutoring would take place after school until 6 PM when the skating rink opened and that there would be a dedicated area for said activity. Tony Bozynski, Planning Director, entertained questions from the Board. Director Adcock asked about the maximum occupancy of the building. The Mayor recognized who were present to speak in opposition of the application. Those who were given an opportunity to in opposition were August Ward and Alan Wells. They indicated that the development would have a negative impact on the community; causing extra noise, traffic, loitering, and illegal dumping. Due to a power outage as a result of the severe weather on the night of this meeting others present in opposition of the applications (Items 20 and 21) were not able to speak. All other items on the agenda were moved to a reconvened meeting on February 12th at 4:00 PM. 0 Little Rock Board of Directors Meeting — Minutes — February 5, 2008 21. PUBLIC HEARING &ORDINANCE - Deferred to 02/12/08 - LU07 -14 -01 — To amend the Land Use Plan (16,222) in the East Geyer Springs Planning District from Mixed Office Commercial to Commercial; and for other purposes. Planning Commission 0 ayes, 11 nays. Staff recommends denial. Synopsis: Land Use Plan Amendments in the East Geyer Springs Planning District from Mixed Office Commercial to Commercial for future development. 22. PUBLIC HEARING &ORDINANCE - Deferred to 02/12/08 - To approve the formation of City of Little Rock Multi- Purpose Improvement District Number 2007 -305 (Longleaf Subdivision Project). OTHER BUSINESS (Item 23) 23. ORDINANCE - Deferred to 02/12/08 - To amend Little Rock Arkansas Revised Code Chapter 32, Article VI, 32 -301 — 32 -411 (1988); to clarify types of parking available for vehicles within the City Limits and Holidays, to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: This ordinance makes necessary changes to the parking ordinances that were occasioned by recent budget actions of the Board of Directors which, among other things, increased certain parking fines. Director Cazort, seconded by Director Hendrix, made a motion to recess the meeting until February 12, 2008 at 4:00 PM. By unanimous voice vote of the Board Members present, the meeting was recessed at 8:15 PM. ATTEST: APPROVED: Nancy Wood, CMC City Clerk 7 Mark Stodola Mayor Little Rock Board of Directors Meeting — Minutes — February 5, 2008 21. PUBLIC HEARING & ORDINANCE - Deferred to 02/12/08 - LU07 -14 -01 — To amend the Land Use Plan (16,222) in the East Geyer Springs Planning. District from Mixed Office Commercial to Commercial; and for other purposes. Planning Commission 0 ayes, 11 nays. Staff recommends denial. Synopsis: Land Use Plan Amendments in the East Geyer Springs Planning District from Mixed Office Commercial to Commercial for future development. 22. PUBLIC HEARING & ORDINANCE - Deferred to 02/12/08 - To approve the formation of City of Little Rock Multi- Purpose Improvement District Number 2007 -305 (Longleaf Subdivision Project). OTHER BUSINESS (Item 23) 23. ORDINANCE - Deferred to 02/12/08 - To amend Little Rock Arkansas Revised Code Chapter 32, Article VI, 32 -301 — 32 -411 (1988); to clarify types of parking available for vehicles within the City Limits and Holidays, to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: This ordinance makes necessary changes to the parking ordinances that were occasioned by recent budget actions of the Board of Directors which, among other things, increased certain parking fines. Director Cazort, seconded by Director Hendrix, made a motion to recess the meeting until February 12, 2008 at 4:00 PM. By unanimous voice vote of the Board Members present, the meeting was recessed at 8:15 PM. ATTEST: cy Wo , CMC City Clerk 7 APPROVED: Mark Stodola Mayor