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HomeMy WebLinkAbout03-31-09Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham March 31, 2009 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular session with Mayor Stodola presiding. Nancy Wood, City Clerk, called the roll; followed by the invocation delivered by Director Wyrick. The following Directors present: Hendrix, Richardson, Adcock, Keck, Wyrick, Wright, Cazort, Vice Mayor Fortson, and Mayor Stodola. Directors Kumpuris and Hurst were absent. Mayor Stodola asked the Board to consider the listed modifications to the agenda. M -1. RESOLUTION NO. 12,047 - Directing the City Clerk to correct a scrivener's error contained in Little Rock Ordinance No. 20,066 (December 22, 2008); and for other purposes. Staff recommends approval. Synopsis: Ordinance No. 20,066 passed on December 22, 2008, contains a scrivener's error in on the "Whereas" clauses that needs to be corrected. M -2. RESOLUTION (DEFERRED TO APRIL 7, 2009). To grant a franchise to Knollwood Mobile Home Park, LLC, for a private sewer crossing franchise. staff recommends approval. Synopsis: Authorizes the City Manager and City Clerk to execute documents acceptable to the City Attorney which grant a formal franchise to Knollwood Mobile Home Park, LLC, for a sewer crossing only that east '/z part of Alexander Road in Little Rock, Pulaski County, Arkansas. As part of sewer services efforts for the mobile home park, it has been deemed appropriate and necessary to build a four (4) -inch sewer service crossing under Alexander Road (County Line Road), west to a sewage treatment plant in Saline County. All utilities and other parties affected by this franchise were informed and are in agreement with this process. Director Adcock requested that Item M -2 be held separately. M -3. RESOLUTION No. 12,948 - To set the date of public hearing on April 7, 2009, for public comment on the proposed expenditures from the Edward Byrne Justice Assistance Grant; to authorize the City to sign the necessary agreements with Pulaski County, North Little Rock, Jacksonville, Sherwood, and Maumelle to participate in the Recover Act Edward Byrne Justice Assistance Grant; and for other purposes. Staff recommends approval. M -4. RESOLUTION NO. 12,949 — To ratify the re- appointment of Richard Stephens to the Little Rock Housing Authority Board of Commissioners. Director Keck made a motion to add Items M -1, M -3, and M -4 to the Consent Agenda, and to hold Item M -2 separately. Director Cazort seconded the motion, and by unanimous voice vote of the Board Members present, the motion carried. Directors Kumpuris and Hurst were absent. 1 Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM Mr. Moore City Manager, asked that Item M -2 to deferred for two weeks to be heard on April 7, 2009. A motion was made by Director Cazort, seconded by Director Richardson to defer the Item M -2. By unanimous voice vote of the Board Members present the motion carried. Directors Kumpuris and Hurst were absent. The Consent Agenda consisted of Items 1 -8 and Items M -1, M -3, and M -4. 1. MOTION - To approve the minutes of the Little Rock Board of Directors Meeting of December 2, 2009. 2. MOTION - To set the date of public hearing for April 21, 2009, on an appeal of the Planning Commission's action in denying a Special Use Permit to allow a boarding house on the R -4 zoned property at 1865 South Schiller Street. Planning Commission: 0 ayes, 10 nays, and 1 absent. Staff recommends denial. Synopsis: Mr. Alan Hickman is appealing the Planning Commission's action in denying a Special Use Permit to allow a boarding house on the R -4 zoned property at 1865 South Schiller Street. 3. RESOLUTION 12,950 - To authorize the City Manager to purchase one (1) articulating wheel loader for Public Works Solid Waste Division in the amount of $318,232 from Hugg and Hall Equipment Company of Little Rock, Arkansas, using the Houston Galveston Area Council Cooperative Purchase Agreement. Staff recommends approval. Synopsis: This loader will replace a small loader currently in use to increase the efficiency of the operation. 4. RESOLUTION NO. 12,951 - To authorize an increase to the construction contract for Joyner -Burke Construction Company, Inc., for University Avenue. Staff recommends approval. Synopsis: Authorizes an increase in the amount authorized for construction to fund an asphalt overlay for improvements along University Avenue. (19`h Street to Park Plaza Drive). Bid No. 06 -242. The total increase is $624,657. ($567,870 plus 10% contingencies) 5. RESOLUTION NO. 12,952 - To authorize the City Manager to expand the rental contract with Dusty Mop and Mat, who was awarded as low bidder, for mop, mat, and towel service for the City; and for other purposes. Staff recommends approval. Synopsis: Bid No. C0031 for the rental of mops, mats, rubber runners for entry ways, shop and counter cleaning towels, catering cloth goods, and like services, was issued and awarded to the low bidder, Dusty Mop & Mat. The contract was approved by the City Manager as the amount was less than $50,000. Department requirements have grown and additional services have been requested that would increase the expenditures to over $50,000 which requires the approval of the Board of Directors. 6. RESOLUTION NO. 12,953 - To amend Resolution 12,754 (September 16, 2008) which ratified the grant of an easement in the right -of -way to Entergy Corporation to deliver electrical power necessary for the construction and eventual operation of the Little Maumelle Treatment Plant; to authorize the Mayor to sign a corrected right -of -way instrument; and for other purposes. Staff recommends approval. Synopsis: The earlier right -of -way instrument signed by the Mayor left out "Section 10" on line one of the legal descriptions. This resolution authorizes him to sign a corrected right -of- way instrument. 2 Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM 7. RESOLUTION NO. 12,954 - To certify local government endorsement of ARMA Design, located at 425 West Capitol Avenue, Little Rock, Arkansas, to participate in the Arkansas Tax Back Program (as authorized by Section 14- 4- 2706(D) of the Consolidated Incentive Act of 2003); and for other purposes. Staff recommends approval. Synopsis: A resolution to certify local government endorsement of ARMA Design, located at 425 West Capitol Avenue, Little Rock, Arkansas, to participate in the Arkansas Tax Back Program. 8. RESOLUTION NO. 12,955 - To authorize the City Manager to enter into contract with Roark, Perkin, Perry, and Yelvington to provide architectural services for the Mid Town Police Station; and for other purposes. Staffrecommends approval. Synopsis: The estimated cost for the project is $123,000. Items 1 -8 and Items M -1, M -3, and M -4 were 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. Directors Kumpuris and Hurst were absent. There were Board requests to hold Items 11 and 12 as separate items. Mayor Stodola asked for the readings of Items 9, 10, and 13. 9. ORDINANCE NO. 20,090 - LU- 09 -15 -01 — A Land Use Plan Amendment in the Geyer Springs West Planning District, at the north side of Baseline Road and Cloverdale Road. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: A Land Use Plan Amendment in the Geyer Springs West Planning District from Single - Family to Office and Park/Open Space for future development. 10. ORDINANCE NO. 20,091 - Z -8428 — Reclassifying property located at 7002 Baseline Road, Little Rock, Arkansas, from R -2 to 0-3 and OS; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes, 0 nays, 4 absent. Staff recommends approval. Synopsis: The owner of the 2.41 acre property located at 7002 Baseline Road is requesting the zoning be reclassified from R -2 to 0-3 and OS. 11. ORDINANCE NO. 20,092- LU09 -01 — To amend the Land Use Plan (16,222) to modify the Residential Land Use Plan Categories; and for other purposes. Planning Commission: 7 ayes, 0 nays, 4 absent. Staff recommends approval. Synopsis: A Residential Land Use Plan Category Amendment to make the land use categories and the zoning categories more compatible. 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 item 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 Cazort to suspend the rules and place the item 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. Mr. Moore, City Manager, asked Mr. Tony Bozynski, Planning Director to give a brief overview of the item. Mr. Bozynski said that staff reviewed the land use and zoning definitions as requested by the Board. He explained this is an effort to avoid confusion between Land Use Categories and Zoning in residential districts. This ordinance is to 9 Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM clean up any confusion, but not create additional districts. Director Wyrick asked about the Residential High Density definition which now says it is a development of twelve or more density and Residential Medium Density which is between six and twelve density. She stated that in a previous meeting it was discussed that the High Density needs to read that it is higher than twelve. Director Cazort made a motion to amend the ordinance to read that High Density needs to be greater than twelve. Director Wyrick seconded the motion. By unanimous voice vote of the Board Members present, being two - thirds in umber, the motion carried and the ordinance was amended. Directors Kumpuris and Hurst were absent. Mayor Stodola called for a voice vote on the ordinance as amended. Directors Hendrix, Richardson, Cazort, Keck, Wright, Adcock, Vice Mayor Fortson, voted in favor of the ordinance. Director Wyrick voted no. Directors Kumpuris and Hurst were absent. The ordinance passed as amended. Mr. Carpenter, City Attorney, passed out a new ordinance for Item 12, and said there is a slight change in Section 20 -75. He stated the Ordinance sent out Friday had a sub - section "A" and "B ", regarding how the process for inspecting would occur and his office had received a recommendation from the City Manager, who had recommended the addition of a sub - section "C" which says nothing prevents the City from inspecting on its own, it does not have to have a complaint in order to inspect. There was a motion by Director Cazort, seconded by Director Adcock to add sub - section "C" to the ordinance. By unanimous voice vote of the Board Members present the amendment was made. 12. ORDINANCE NO. 20,093 - To provide for regulation of mobile homes and manufactured homes; to add an Article IV to Chapter 20 of the Little Rock Code of Ordinances; to declare an emergency; and for other purposes. Staff recommends approval There was lengthy discussion regarding the regulation of mobile homes and manufactured homes. Those speaking in opposition to the ordinance were: Howard Holeman, J. D. Harper, Eldon Web, Cliff Williams. John Brockway, Vice President of the West Baseline Neighborhood Association, spoke in favor of the ordinance saying they have older mobile homes in the area, which are in dire need of repair, and because they were built before 1976, code violations cannot be enforced on them; this ordinance would change that. He stated that the West Baseline Neighborhood Association recommends a "do pass" of the ordinance. Mr. J. D. Harper, Executive Director of Manufactured Mobile Homes felt the ordinance in regards to manufactured or mobile homes, went beyond what the City requires of on -site built homes; putting it out of line with state and federal laws. He said he had an issue, in particular, a reference to inoperable lighting. Mr. Tom Carpenter, City Attorney, stated that the National Manufactured Housing Construction and Safety Standards Act of 1974 prevent cities from establishing stricter construction of safety regulations than what is included in the federal act. He stated that Little Rock ran the ordinance by the U. S. Department of Housing and Urban Development to make sure it didn't violate the act and received notice that it preempts federal law. He read the following quote from the letter into the record. 2 Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM He stated the letter was from William W. Matchneer, Associate Deputy Assistant Secretary for Regulatory Affairs and Manufactured Housing. The portion of the letter quoted was " A review of the Arkansas proposed Ordinance indicates that it's coverage is limited to the maintenance and upkeep of manufactured homes and mobile homes and does not cross over into the Manufactured Home Construction and Safety Standard issued by the Department. Therefore there is no issue of preemption." Mr. Carpenter stated there is no stronger statement than this. Director Cazort said that he had a concern regarding the wording in Section 20 -74, subsection (c) 3, which reads inoperable electrical lighting, lack of electrical lighting, or electrical lighting that is not maintained in safe condition. Mr. Carpenter suggested that if you strike the word "that ", and put in "any of which" is not maintained in a safe condition, might make it clearer. Director Cazort made a motion to make the amendment; Director Adcock seconded the motion and by unanimous voice vote of the Board Members present, the motion carried and the amendment was made. Director Cazort referred to Section A- 8, - Lack of or malfunctioning smoke detectors. He asked what is required as far as mandatory smoke detectors in site built homes. Mr. Tony Bozynski, Planning Director answered that it is in the ordinance that fire detectors are required, one per floor, and believed one had to be in close proximity of bedrooms. Director Cazort stated then this is not a requirement that is not required for homes built on site. Mr. Bozynski said that it was not. Mr. Eldon Webb spoke in opposition saying he owned a mobile home park at 9103 Geyer Springs, and has a lot of older homes, and was against the elimination of them, as they provide affordable housing. He said he works hard to keep his park policed up. Mr. Carpenter responded that this ordinance did not eliminate pre - 1976 model manufactured homes. He said it was brought to staffs attention that there is a number of pre -1976 homes that are in excellent shape, and this ordinance address the ones that are not. Linda Kopeck, mobile home park manager, said she was representing approximately three hundred and fifty Latino families who own their own homes, which are in the parks she manages. She stated that the new law would duplicate existing codes that must be met and she feared it discriminated against her Hispanic tenants who might not understand why code enforcement officers want to come into their homes. She said that the City can come in and inspect a mobile home park without a complaint. She asked that this ordinance be tabled. Mr. Carpenter, City Attorney, said there is nothing about this ordinance that targets Hispanic Americans that live in mobile home facilities. He stated that the City cannot go into any home unannounced or without a search warrant. He said the City has not had problems in communicating with these communities; staff works with community leaders, and has officers and other employees who are bi- lingual. He said the City is not red - lining. Ms. Kopeck said that the only other problem she had was that this ordinance and hearing was that it was kept very low key and they did not find out about it until today, and felt something was very wrong with this ordinance. Mr. Cliff Williams turned in a card in opposition, but declined to speak. Mayor Stodola asked if there were other questions. There were no other questions. Director Adcock made the motion, seconded by Director Cazort to adopt the ordinance. By unanimous voice vote of the Board Members present, being two- thirds in number the ordinance and the emergency clause was passed. Directors Kumpuris and Hurst were absent. 5 Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM 13. ORDINANCE NO. 20,094 - Authorizing the issuance of Industrial Development Revenue Bonds to finance certain industrial facilities; authoring the leasing of such facilities to Sage V Foods, LLC; authorizing a Trust Indenture securing the bonds; authorizing the sale of the bonds; authorizing and prescribing other matters pertaining thereto; and declaring an emergency. staff recommends approval. Items 9, 10, and 13 were read the first time. A motion was made by Director Adcock seconded by Director Cazort to suspend the rules and place Items 9, 10 and 13 on second reading. By unanimous voice vote of the Board Members present, being two - thirds in number the rules were suspended and the ordinances (Items 9, 10, and 13) were read the second time. A motion was made by Director Adcock seconded by Director Cazort to suspend the rules and place Items 9, 10 and 13 on third reading. By unanimous voice vote of the Board Members present, being two - thirds in number the rules were suspended and the ordinances (Items 9, 10, and 13) were read the third time. By unanimous voice vote of the Board Members present, being two - thirds in number, the ordinances and emergency clauses (Items 9, 10, and 13) were passed. Directors Kumpuris and Hurst were absent. Director Adcock asked Mr. Carpenter about a companion ordinance she had requested regarding people moving these mobile homes from location to location. Mr. Carpenter stated he thought that was addressed in the ordinance, but has scheduled meetings with other city staff members to establish protocol or a system dealing with this particular situation. SEPARATE ITEM (Item 14) 14. ORDINANCE - FAILED Z -7605 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Chenonceau Commercial District Lots 1 and 2 Short -Form PCD; located on the southeast corner of Cantrell Road and Chenonceau Boulevard, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes, 2 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning of the site from C -3, General Commercial District, to PCD to allow the development of the site with lots less than the two (2) -acre minimum, established by the Highway 10 Overlay Standard. OTHER BUSINESS The ordinance was read the first time. A motion was made by Director Keck, seconded by Director Adcock 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 Keck, seconded by Director Cazort 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. Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM The following is a list of citizens who turned in cards to speak in opposition to Item 14. Edward Oglesby, Frank Pohlkamp, Mary Lou Billingsley, Margaret Heuston, John Heuston, Caroline Beauchamp, Charlotte Monk, Fritzi Barnes, Jackie Fell, Larry Poldrack, Susanne Lewis, Phil Bartos, Terry Elliott, Katie Jo Elliott, John Phillips, Liz Phillips, Peggy Brown, Deborah Walz, Dan Holland, Joyce Underwood, Shirley Vaughan, Roselyn Stanley, Sandra Palmer, Janice Trout, Ming Chou, Yuvonne Chou, Mary Ryan, Nancy Anthony, John Anthony, Lynn Reynolds, Ted Rogers, Martha Rogers, Rosemary Studer, Carolyn Boshears, Bob Hardgrave, Shelia Wilimzig, Patrick Hardruff, Colleen Woodruff, Marie Ryan, Janet Bartos, Gale Dickson, Terry Poldrack, Jim Lewis, Linda Craig, Jean Beth Hill, Linda Koubek, David Studer. Those who turned in cards to speak in favor were Karen Flake, John Flake, Tim Daters. Vice Mayor Fortson asked for a brief overview from staff. Mr. Tony Bozynski, Planning Director gave staff an overview saying that this is a request to reclassify property located on the southeast corner of Cantrell Road and Chenoceau Boulevard from C -3 to PCD. The reason for the request to PCD is that the proposal is on a lot size that does not comply with the Highway 10 Design Overlay District. It is less than two acres. He stated that staff is in support, and feels it is in a commercial node and is appropriate for the site. He said the Planning Commission voted 7 ayes, 2 nays in favor of the rezoning. He stated that this was acted upon in August of last year, and has been deferred several times. He said that the hours of operation for the location had been amended. Originally the hours were from 5am to 2 am, seven days a week to lobby hours of 5am to 11 pm, seven days a week, and drive through from 5am to l Opm, seven days a week. Director Keck asked if there was a contingency based on hours of operation for other restaurants in the area. Mr. Bozynski answered that there is a provision based on if any other restaurant with drive through service opens (excluding the Burger King which just recently opened), from East Taylor Loop Road to Chenal Parkway, is allowed to have hours later than 10 pm, then McDonald's would have the right to match the drive through hours of closing. Director Keck asked if there had ever been a contingency plan like this with any other developments. Mr. Bozynski answered that typically hours have been established, and did not think this had ever been done. Mr. Carpenter, City Attorney, said he did not recall it ever being done, and further more did not think it was appropriate. He said that a Planned Zoning Development is designed to make something fit, that does not fit under a general zoning classification; to put in there that it is a condition that it takes affect, but only last a certain period of time in his mind comes close to contract zoning. "We are contracting to keep these hours until something else happens ". He said that contract zoning is forbidden. He said that in the past, if the Board would recall, there was a pizza place on Cantrell that came back to the Board for an amendment to their operating hours based on operating hours of similar restaurants in the area; so there are circumstances where applicants can come in and amend the Planned Zoning Development. There was lengthy discussion lasting more than an hour regarding the rezoning of the site. The main opposition was traffic hazards they believed the McDonalds Restaurant would create; and they felt it violated Little Rock's Design Overlay District Standards, and the hours of operation. The residents who spoke in opposition cited that the 1.45 acre lot falls below the two -acre minimum threshold the City established in its Highway Ten Overlay District Standards. 7 Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM Director Adcock asked the McDonalds representatives if the trees on the site would be saved. She stated that she wanted the make it a part of the record that the trees would be saved. Mr. Bill Henry, City Traffic Engineer, advised that the applicant did make a change to the left turn lane, so the trees will remain. Mayor Stodola asked about the double stacking lanes. He stated the applicant said that if stacking becomes a problem, they would make the necessary changes to incorporate a double stacking lane on the site. Mr. Peter Roy, Real Estate Manager for McDonald's Corporation, stated that both lanes would be opened from day one. Director Adcock asked how many cars could stack on site. Mr. Tim Daters of White Daters and Associates, providing technical assistance to the development, answered they could stack nineteen cars on site, and then had five spaces for delayed pickup or orders. Vice Mayor Fortson asked Mr. Tony Bozynski how many variances had been approved in this area. (a graphic of the area was presented at the meeting) Mr. Bozynski identified parcels less than 2 acres, saying some were already established, but thought there were approximately seventy. He stated that staff feels that node locations are appropriate. Vice Mayor Fortson asked if each of those identified, approval was given, or if the business was already in place before the Design Overlay District was adopted. Mr. Bozynski answered in the affirmative. Mr. Greg Hatcher, resident, spoke in favor of the development saying that there is already a Wal- mart, Burger King, etc in the area, and his concern is that if this is done, then it be done right, and designed not to have traffic problems. He stated that he thought McDonald's would be a benefit to the residents in the area. Mr. Peter Roy, Real Estate Manager for McDonald's Corporation, addressed the Board saying that he had enjoyed working with staff and Directors on previous relocation and co -brand locations. He said that Little Rock has been a great place for McDonald's. He stated this location would be a new proto -type, free - standing building. He explained that McDonald's has strict site criteria and this site is 1.45 acres; approximately forty percent bigger than most of the locations, which benefits the site area. He said they have significantly more green space on the property and is more efficient by thirty -six percent. He said they use very scientific and accurate criteria for site selection. He said the building is parallel to the street, or Highway 10, versus being perpendicular. They are offering this neighborhood an improved and more contemporary site, both inside and outside. This site was researched, and over one third of their business is a.m. or breakfast business. This location is in the "going to work" side of the road. This site offers an easy orientation to that, and is an easy right turn into the site. He stated that a new McDonald's is a positive economic stimulus, which this site will generate well over $200,000 in sales tax revenue the first year. They will create over one hundred temporary construction jobs and sixty -five and seventy permanent jobs. They feel that they have created a friendly, community, thoughtful plan. He stated that the Planning Staff supports the plan. He stated that their Real Estate and Operational Staff is here for any questions. Director Cazort stated that given one of the major concerns is traffic; under the current design with the double stacking lanes, can the site accommodate twenty five cars off the highway? Mr. Tim Daters answered Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM that if the stacking lanes are reconfigured to the length of the parking lot, they can stack in the excess of twenty five cars. Director Cazort cited the Chic Filet Restaurant on Markham Street, and said there are major problems in stacking there. He said they have accommodations to stack eighteen cars, and he has seen well over an access of eighteen vehicles. It is a big problem there; and if McDonald's is as successful as he thinks they would be, and given McDonalds does a big breakfast business, he would expect there would be more than twenty -five cars there during rush hour. Mr. Roy stated that this model is based on a new configuration for ordering, food preparation, and actual presentation and collection of money. This store alone increases a greater through put through the drive in windows. It has a much better traffic flow than some of the older stores. A study of stores just placed in service shows this store can accommodate on site well in access of what the traffic can generate. Director Cazort asked if they anticipated problems at potential entrances. Mr. Daters said the entrances actually help. Director Cazort said it seems this would create a bottleneck. Mr. Daters said it would not cause a problem. Mr. Daters said that an a.m. study was done on peak hour volumes, and problems with congestion would not be a problem on the site. Director Cazort contended that this intersection is heavily traveled. Mr. Roy said it is good that the location would be on the best corner for the early morning traffic. Those wanting to come to the site do not have to cross Highway 10, and when they leave they make a right turn back onto Highway 10. Director Keck stated that he and his family are frequent customers, and is familiar with the new concept. He said recently he had seen on one of the business news channels citing the profitability of McDonalds, and showed one of the new model prototypes. The exception to that prototype and this one is that that one did not have a drive through. He asked why have the drive through, and not the concept McDonalds is trying in other locations. Director Keck sated this is not New York City, or even at an airport location, but it is a unique part of the City, where the possibility of a drive through is a possibility; and asked Mr. Roy if that had been contemplated. Mr. Roy answered that it has not. Those prototypes are typically on no end streets with a lot of street retail and very high pedestrian traffic counts. A typical free - standing McDonalds is a seventy percent drive through business. It would not be economically feasible to do one in a development that cannot work without the drive through. He stated that are not typically a table service restaurant, they are a Quick Service Restaurant. Director Adcock asked Mr. Carpenter how Mr. Roy would go about getting the two drive through when they start building. Mr. Carpenter said that you cannot demand anything of the applicant that is more restrictive, but an applicant is always free to offer something more restrictive. Mr. Roy said they would offer it. Both order points would be open from day one. 9 Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM Director Adcock asked if there needed to be an amendment. Mr. Carpenter said, no, it could be attached to the ordinance if passed. Mayor Stodola asked Mr. Roy if the contingency addressed earlier was part of their requirement. Mr. Carpenter felt this might be problematic, but stated that there is a process that an applicant can go though to amend an application. Mayor Stodola asked if the contingency plan was in place or not? Mr. Roy stated they would rather have the ability to have a level playing field. They already have competitors, Burger King, who is open until 11 pm. He said he understands the requirement that they are limited, that the limitation cannot have any qualifiers. Mr. Carpenter said what he is saying is this. Hours set forth in this letter would be your hours, and the hours would always be left up to the Board of Directors, based upon what they consider to be competition in the area. His concern is that if you delegate to McDonalds that decision then you are doing two things. One, you are delegating the Boards authority on zoning issues, and the City is entering into a contract with McDonalds, and contract zoning in the State of Arkansas is illegal. So that means if you have hours, for example 10 am to 10 pm, that might be what they will always be. The practicality is that this Board is aware of changing conditions, and these are things an applicant can use to petition the Board in the future based on changed circumstances. This Boards as looked favorably on this in the past. Mr. Roy stated, lets remove any qualifier that would give McDonalds the automatic right, so to speak, based on competition across the street or elsewhere, to modify their hours. He stated they are in agreement that they could come back to the Board at such a point that they deemed it appropriate to be on a level playing field with their competition, which would have operating hours, who they know that they have applied for or offered earlier today. Mr. Carpenter responded that what the City is asking for is that the hours are the hours, and if and when McDonald's seek an amendment would be up to them. Mayor Stodola stated that McDonalds hours for this application would be 5am to l 1pm in the lobby, seven days a week. The hours of the drive through would be 5 am to 10 pm, seven days a week. Mr. Roy, McDonald's representative, confirmed that was correct. Director Cazort asked if this needed amended. Mr. Carpenter affirmed that it did. Director Cazort made the motion, seconded by Vice Mayor Fortson, and by unanimous voice vote of the Board Members present the motion carried to amend the ordinance to the hours as just stated. Director Hendrix asked Mr. Carpenter if something would prohibit McDonalds from asking for an amendment tonight. She asked if there is anything that prevents this Board from making an amendment tonight. Mr. Carpenter asked Director Hendrix if she was asking if it was out of order to make a motion to extend their hours in the future. Mayor Stodola said that would not be a proper motion. Director Hendrix said she thought that Mr. Carpenter had indicated earlier that it could be done tonight. Mayor Stodola replied that this is something that could be done in the future if they so desired. It would go through the process of an amendment to the particular zoning. Director Hendrix asked if that could be done tonight. Mr. Carpenter's answer was no. 10 Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM Vice Mayor Fortson asked what their largest area location. Mr. Roy called on one of his representatives to answer; they answered that it was approximately one acre. Director Richardson asked how the economic benefit ($200,000) to the City which was laid -out earlier by Mr. Roy, was derived. Mr. Roy stated that it was based on sales volume times the tax rate of 9.5 %; based on a year one projection of sales. If those projections are hit, then it would deliver that number. Director Richardson asked if the employees working at the Otter Creek location were Little Rock residents. Mr. Roy said he was unsure. Mr. Richardson said he asked because Mr. Roy's statement inferred the impact would be a benefit to the City. Mr. Jack Stanley, a retired engineer, stated he was representing approximately one hundred and fifty residents opposed to the violations of the Design Overlay Standard. He said that he had researched documentations regarding this variance. He said he considers a variance a permission to break the rules. He stated there is no reason to break the rules. There is no particular need for a drive through restaurant at this location. There is no reason why a small volume business could not go in at this location. He said he was not opposed to progress, and knows that Highway 10 allows reasonable development, but he said the Design Overlay District for Highway 10 is not working. He stated that from January 2006 to September 2008, seventy -five percent of the applicants who required variances were granted them. He said noise, trash, sanitation, and air pollution is a problem. He said the hours were a problem, but that has been addressed. He said traffic and safety are of great concern, and was not addressed at the Planning Commission. He stated that one of the Commissioners told them that this is a C -3 property and the development can put a drive through in if the want to. He said this statement sank their vote. He after the Planning Commission Meeting, they had a Town Hall Meeting, and invited everyone. He said that in attendance were McDonald's representatives, the landowner, developer, representatives from the City Planning Department, the City Traffic Engineer, two Board of Directors, and approximately fifty residents of the area. He said several people voice concerns over the traffic and safety issue. It was a major concern. Property owners of the Bayonne neighborhood contracted for a traffic count to be done on Cantrell Road. The result was forming a sub- committee to consult with the City traffic engineers. He said they met with Mr. Bill Henry, City Traffic Engineer. He said Mr. Henry advised them that this was not a dangerous intersection based on the number of vehicles and accidents reported; based on that ratio; the numbers reported, this was not an issue. Mr. Stephens said he apologized for the breakdown in communication. This was Mr. Henry's analysis, not theirs. He stated that Highway 10 is a major thoroughfare; there are many schools in a two mile area, with teenaged inexperienced drivers. He said the speed limit is fifty -five miles per hour. He said in look out two to four years with a twenty percent increase, that is twelve hundred cars per hour in one direction. He stated you also have to figure in driver inattention, maybe someone is pulling out of McDonald's and they are trying to unwrap a sandwich, or to trying to place a straw in a cup, while trying to enter Highway 10. There is no acceleration lane. This sets up to be a traffic and safety problem. He also stated that getting in and out a Chenonceau at rush hour is already a problem, and it will be more of a problem if this development goes through. Mr. Stephens asked the Board to vote no to send the message that a variance will be considered when critical needs are addressed. 11 Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM Director Richardson made a motion, seconded by Vice Mayor Fortson to take a ten minute break. By unanimous voice vote of the Board members present, the meeting recessed approximately fifteen minutes. Mayor Stodola called the meeting back in session. Mr. Ed Oglsby, representing the Aberdeen Court Property Owners Association, stated that they were adamantly opposed to this development. He stated that Aberdeen, Bayonne, and Chevaux were the most affected. He stated that the City spent over $100,000 to develop the Highway 10 Design Overlay District Plan and now they are hearing that seventy -five percent of those in the area who have requested a variance have received it. He asked why the City developed one if they were not going to use it. He said that the model McDonalds uses for traffic counts and flow does not take in to consideration that there are very few commercial restaurants, and businesses in the vicinity of the proposed one. He said the McDonald's would draw more cars per day than McDonalds propose that they would. He said they want commercial development in this area to be done according to law, on two acre sites. A developer should not be able to come in and request a zoning variance. He said the east reason McDonalds wants this property location, is the same reason it should be denied. They want to catch the volume of East bound traffic of all residents coming into the City. He said that there will be problems just as there are at the Chic Filet on Markham Street. He said there is already a fifty mile per hour, five lanes Audubon, on Highway 10. He stated that what the City has in place is slowly being chiseled away. He asked the City to put a stop to these kinds of developments Mr. Frank Pohlkamp, representing the Bayonne Place Property Owners only entrance is from Chenonceau, which is approximately 100 yards away. He said that traffic safety is a concern. He thought this type of development encourages increased crime because of their hours of operation, and would be a magnet to attract late night undesirables to the neighborhood, and they felt it would decrease their property values. They did not see a need for a restaurant of this type. These types of restaurants create noise from the speakers, and vehicles playing loud music. He said that the property is already staked out, utilities are marked. He hoped this was not an indication of this already being decided. He asked the Board to refuse the fast food drive through restaurant. Mayor Stodola asked Mr. Pohlkamp if the residents would be opposed to the location across the street from this proposed site. Mr. Pohlkamp said if it was across the street it would not have the same effect on the traffic, but would still be opposed. Director Adcock asked if the Arkansas State Highway Department has been contacted regarding the fifty mile per hour speed limit. Mr. Daters indicated that the highway department had looked at it, but their response was that the average speeds are close to the speed limit and they could no warrant lowering the speed limit on any portion of the road in the relative area. Mayor Stodola indicated the City Manager's staff had been in contact with the state highway department. Mr. Moore stated the highway department had indicated if this development was approved, they would review the speed limit at the City's request. 12 Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM Director Adcock asked staff why two -acres was chosen as the limit on the developments, and if seventy five percent has been approved for variances, is the two acre limit appropriate? Mr. Moore said they had discussions late last year, and have met with staff to review that requirement. He said they did try to go back to determine that minimum requirement and had difficulty in determining how that was chosen, and concluding why that minimum was chosen. He said staff is reviewed it at the Boards request. He said that staff is reviewing the entire Design Overlay District for Highway 10, and would be coming back to the Board with recommendations. Karen Flake, one of the owners of the property, addressed the Board saying that it is unfortunate that this has become so controversial. She stated that they have tried to listen to what the residents have had to say, and then go to McDonalds. She said McDonalds has been proactive in changes and in modifications to the plan. She stated that what has been heard has been a lot of complaints against McDonalds. She said that McDonalds has a lot of admirers in the community, and has set examples for others to follow. She said that McDonalds is good at what they do, and many people in West Little Rock do go to McDonalds. She said they McDonalds have made adjustments in design, so the problems you have at Chic Filet are eliminated. They have adjusted their hours, and will have state of the art sound abatement panels in place. There is a process applicants go though, and they have gone through all the steps. They are trying to make this good for the community. She stated that it appears to be designed in a way that will work. There are a group of people who are happy with McDonalds being at this location. She stated that McDonalds is not here to cause problems. They are here to provide a service. She asked the Board to vote in support of the development. Mr. Roy stated that the site is 1.45 acres, and they will comply with the ordinance. Regarding signage, they will have a monument sign as stipulated under the Overlay Plan. He said speakers are directed away from the neighborhoods. They do have a policy regarding trash cleanup. They clean their lot as well as trash on the adjacent lots. They do a thirty minute travel path outside the buildings to check and see if there is liter and it is taken care of at that time. A McDonald representative addressed the dumpster issue, saying that the dumpsters are emptied during business hours, between 7 am and 5 pm. Director Keck stated that he keeps coming back to two hundred and seventy five feet along Highway 10 where you have a fifty mile per hour speed limit, and people are trying to turn right. This will have an impact on flow, and has a hard time in coming to the conclusion of how this would be safe to do. Mr. Henry, City Traffic Engineer, said he could not vouch for driveways and how they were approved. He said this was done in the 1990's, when the site was approved. The regulators in affect at that time probably not he same. Mr. Henry said they look at whether you could get the people off the Highway and on to the site and not cause a traffic obstruction (on either Highway). He said you will have traffic slowing, but you will have that in any commercial sense; any place along the Highway. He stated if it were seven hundred feet down the street, you would still have the same slowing affect. 13 Minutes Little Rock Board of Directors Meeting March 31, 2009 6:00 PM Director Keck stated that you have in other areas where we have development that has occurred or will occur, opportunities for turn lanes or reductions in speed, and he continues to come back to this, at this location. Director Keck's thoughts were that this will be the busiest McDonalds in the State of Arkansas, and traffic counts are not near what it is going to be there, and did not think there is a full understanding of the impact this development will have. He said to Mr. Flake that he had been supportive of almost all his projects, but was not comfortable with the traffic flow studies or the car counts that have been done and things that are similar do not replicate what we have here, and stated he would not be supportive of this project. Director Hendrix commented that there is a McDonalds in the 700 Block of Broadway, and at times when she goes home from meetings, traffic is stacked, but that they do not complain. people in this area, love McDonalds. Mayor Stodola asked if there were any other questions or comments. There being none, Mayor Stodola asked for a roll call vote, which was recorded as follows: Directors Adcock, Hendrix, Wyrick voted in favor, Directors Richardson, Cazort, Keck, Wright, & Vice Mayor Fortson voted no. Directors Hurst and Kumpuris were absent. The ordinance failed to pass. Mayor Stodola stated that when the Design Overlay District for Highway 10 was planned, there were areas identified where commercial development would occur, and this was one of the areas identified. He said to his chagrin and to some other Board Members chagrin, some had been expanded, but that this one was always designed as commercial. (Item 15) 15. EXECUTIVE SESSION & RESOLUTION A motion was made by Director Adcock, seconded by Director Wright, to defer the appointments to the next meeting. By unanimous voice vote of the Board Members present, the appointments were deferred. To make appointments to various City of Little Rock Boards and Commissions. (March 31, 2009) Synopsis: Little Rock Animal Services Advisory Board (I Position); Board of Adjustment (1 Position); Community Housing Advisory Board (3 Positions); Construction Board of Appeals (3 Positions); and Racial and Cultural Diversity Commission (8 Positions) A motion was made by Vice Mayor Fortson, seconded by Director Keck to adjourn. By unanimous voice vote of the Board Members present, the meeting was adjourned. ATTEST: 14 APPROVED: z/w,