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HomeMy WebLinkAbout09-20-05Little Rock Board of Directors Meeting Minutes September 20, 2005 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham September 20, 2005 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Jim Dailey presiding. Assistant City Clerk, Nataki Blocker, called the roll with the following Directors Present: Keck, Wyrick, Stewart, Hinton, Adcock, Kumpuris, Vice Mayor Graves, and Mayor Dailey were present at roll call. Directors Pugh and Keck were absent. Director Cazort was not present at roll call but enrolled at 6:34 pm. Mayor Dailey gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. DEFERRAL: Pollution Prevention Award — LRWWU - (October 25, 2005) PRESENTATIONS: Little Rock Tourism — Dan O'Byrne CONSENT AGENDA: Items 1 -11 Director Adcock expressed a concern with Consent Agenda Item 7. She explained that Mr. Robert Jerry, Jr., is the man same man on the City of Little Rock's demolition list. Director Adcock stated that she has a problem with the City paying to have a person's property torn down, and then sell that same person two more properties at an exceptionally low rate. City Manager, Bruce Moore, stated that the information for Item 7 was received right before the meeting. He did not mind delaying discussion on Item 7 for two weeks, in order for review to occur. Director Adcock made a motion and seconded by Director Keck to delay discussion on Item 7 for two weeks. By unanimous voice vote of the Board members present, being two - thirds in number, the motion was accepted. 1. MOTION - To approve minutes of regular Board of Directors Meetings: June 21, 2005. To approve minutes of Little Rock Board of Directors Regular Meetings: May 17, 2005, July 19, 2005, August 16, 2005, and Reconvened Meetings: July 12, 2005, July 26, 2005 and August 30, 2005. 2. RESOLUTION - 12,092 - Ratifying the re- appointment of Ms. Wilma J. Swinney as Resident Commissioner of the Housing Authority of the City of Little Rock, Arkansas. 1 Little Rock Board of Directors Meeting Minutes September 20, 2005 3. RESOLUTION - 12,093 - To authorize the City Manager to enter into a contract with Nolan Construction in an amount not to exceed $115,000.00 for construction of Boyle Park Playground. Staff recommends approval. Synopsis: Funding is available through a Land and Water Conservation Grant. 4. RESOLUTION - 12,094 - Authorizing the City Manager to enter into a contract with Arkoma Playgrounds and Supply in an amount not to exceed $135,000.00 for construction of Riverfront Park Playground. Staff recommends approval. 2004 Bond Project. Synopsis: Funding is available through 2004 Bond Funding. 5. RESOLUTION - 12,095 - Authorizing the City Manager to enter into a contract with Tennant Sales and Service Company for the purchase of one (1) Mechanical Sweeper in the amount of $150,583.35. Staff recommends approval. Synopsis: Two (2) bids were received for Bid Number 5311. Tennant Sales and Service Company is the lowest responsible bidder meeting minimum specifications. 6. RESOLUTION - 12,096 - To award a contract to Harris Construction Management for Apple Blossom Subdivision Land Alteration Construction Project. Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with Harris Construction Management for grading of lots 4 — 9 in the Apple Blossom Subdivision, Bid No.05 -289. Authorizing the City Manager to enter into a contract with Fleet Safety Company in the amount of $148,795.24 for the purchase of twenty -six (26) police mobile data computer systems. Staff recommends approval. Synopsis: The Police Department is requesting to award a contact to Fleet Safety Equipment, Inc. for the purchase of Police Mobile Data Computer Systems. 7. RESOLUTION - 12,067 - To award a contract to Harris Construction Management for street and drain reconstruction of Holt Street (42"d to 44th Street) construction project. Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with Harris Construction Management for street and drain reconstruction of Holt Street (42nd to 44th Street), Bid No.05 -295. 8. RESOLUTION - 12,097 - Approving the use of up to $250,000 in 2004 Bond Capital Improvement Funds for Capitol Avenue Improvements. Staff and Bond Project Committee recommends approval. 2004 Bond Project. Synopsis: Authorizes spending up to $250,000 of 2004 Bond Capital Improvement Program funds for improvements to Capitol Avenue from Center Street to Main Street. 9. RESOLUTION - 12,098 - Approving the use of up to $260,000 in 2004 Capital Improvement Funds for Little Rock Port Improvements. Staff and Bond Project Committee recommends approval. 2004 Bond Project. Synopsis: Authorizes spending up to $260,000 of 2004 Bond Capital Improvement Program funds for improvements to the Little Rock Port for construction of a new road built in the area of the existing dock to serve the Port's dock, Agrilliance Fertilizer and River Cement. 10. RESOLUTION - 12,099 - To authorize the City Manager to enter into a towing service contract with each company that responded successfully to the City's request for qualifications 2 Little Rock Board of Directors Meeting Minutes September 20, 2005 and other purposes. Synopsis: The resolution permits the City Manager to enter into towing service contract with Asher Wrecker Service, Metro Towing and Recovery and Routh Wrecker Service for a period of one (1) year beginning October 1, 2005. 11. RESOLUTION - 12,100 - To appoint Mr. Frank Porbeck to the River Market Design Review Committee. A motion was made by Director Hinton, seconded by Director Adcock, to adopt the Consent Agenda Items 1 -6 and 8 -11. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted. End of Consent Agenda 12. ORDINANCE — 19,396 - To amend Little Rock, ARK., Resolution 11,823, to include disaster relief from Hurricane Katrina as an approved use for projected 2005 CDBG, HOME AND ADDI FUNDS as a part of the City's Annual Plan; to reallocate $100,000 in funds for Presidentially - declared disaster Hurricane Katrina evacuees located within the City of Little Rock; and for other purposes. City Manager, Bruce Moore, gave a brief summery of Item 12, so that the Board members would more fully understand what is being proposed. Item 12 was read the first time. Director Adcock seconded by Director Hinton made the motion to suspend the rules and place the ordinance on seconded 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 Hinton made the 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 voice vote of the Board members present, being two - thirds in number the ordinance passed. PLANNING & DEVELOPMENT Grouped Items: Items 13 — 30 13. ORDINANCE — 19,397 - Granting a variance from Various Lot Development Standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow an increased lot depth to width ratio for the Pleasant Valley Addition Replat Lots 42A, 42B, and 43R Block 57 located at the end of Carmel Drive. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. 14. ORDINANCE - 19,398 - Granting a variance from Various Lot Development Standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for a variance to allow a reduced platted building line for the Stonecreek Phase I Replat, located on the west end of Glenn Valley Drive on Clancy Court. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing the replat of Lots 1 -17 of Stonecreek Addition. The proposal includes a variance from the Subdivision 3 Little Rock Board of Directors Meeting Minutes September 20, 2005 Ordinance to allow a reduction of the front building line on Lots 1 -17 from 25 feet to 15 feet and reduce the rear yard setback of Lots 15 and 16 from 25 feet to 15 feet. 15. ORDINANCE - 19,399 - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Shackleford Crossing Revised Long -Form PCD located on the southwest corner of I -430 and Shackleford Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing a revision to the previously approved PCD to further define the site plan and establish a commercial and office portions of the development. With the request, the applicant has indicated the subdivision of the site with sixteen (16) lots and out - parcels. 16. ORDINANCE - 19,400 — Approving a Planned Zoning Development and establishing a Planned Residential District titled Indiana Avenue Revised Short -Form PD -R located at 7208 and 7212 Indiana Street, Little Rock, Arkansas; amending Ordinance No. 19,139 and the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of the site from PD -R and R -2, Single — family to Revised PD -R to allow the construction of two (2) additional duplex units on two (2) additional lots. 17. ORDINANCE - 19,401 - Approving a Planned Zoning Development and establishing a Planned Office District titled Briarwood Animal Hospital Revised Short -Form PD -O located at 8422 Kanis Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant currently operates a veterinary clinic from this location and under the current proposal is requesting an amendment to the current PD -O zoning to allow an expansion of the existing parking area. 18. ORDINANCE - 19,402 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Improvements for the Briarwood Animal Hospital at 8422 Kanis Road. Staff recommends approval. Synopsis: Authorizes a five year deferral for street improvements required under the Master Street Plan for the Briarwood Animal Hospital at 8422 Kanis Road. 19. ORDINANCE - 19,403 — Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements for 16410 Taylor Loop Road. Staff recommends approval. Synopsis: Authorizes a five (5) year deferral for street improvements required under the Master Street Plan for a lot split in the Vaught Subdivision at 16310 Taylor Loop Road. 20. ORDINANCE - 19,404 - Approving a Planned Zoning Development and establishing a Planned Residential District titled Pinnacle Property Management Short -Form PD -R located at 618 North Buchanan Street, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of the site from R -3, Single - family to PD -R to allow a lot recombination of two(2) previously platted 11 Little Rock Board of Directors Meeting Minutes September 20, 2005 lots. The applicant is proposing the construction of two (2) new single - family homes on the newly configured lots. 21. ORDINANCE - 19,405 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Parkway Automotive Short -Form PD -C located at 708 Kirk Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of this site from R -2, Single - family to PD -C to recognize an existing non - conforming automobile repair shop. 22. ORDINANCE - 19,406 Approving a Planned Zoning Development and establishing a Planned Residential District titled Cross Street Elderly Housing Short -Form PD -R located at 1022 South Cross Street, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of three (3) lots located on the northwest corner of 11th Street and Cross Street from R -4 to PD -R to allow the development of four (4) units of elderly housing contained in two (2) duplex structures. 23. ORDINANCE - 19,407 - Approving a Planned Zoning Development and establishing a Planned Office District titled Charton Company Short -form PD -O located at 10111 Chicot Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing the conversion of this existing single - family structure into an office use to be utilized as a financial services office including cash advance, credit repair, home warranties, mortgage company, and loan pre - approvals. 24. ORDINANCE - 19,408 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Metropolitan National Bank Short -Form PCD located at 11525 Financial Center Parkway, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 7ayes, 0 nays, 2 absent, 2 recused. Staff recommends approval. Synopsis: The applicant is proposing the placement of a third sign on the site located near the intersection of Financial Center Parkway and Autumn Road. The requested signage is inconsistent with signage allowed under the Financial Center /Chenal Parkway Design Overlay District. 25. ORDINANCE - 19,409 - Approving a Planned Zoning Development and establishing a Planned Office District titled Center at 10 Revised Long -Form POD located on the southwest corner of Cantrell Road and Sam Peck Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 8 ayes, 0 nays, 2 absent, I recusal. Staff recommends approval. Synopsis: The applicant is proposing a revision to the previously approved POD to allow the placement of two (2) buildings located at the hard corner of Cantrell Road and Sam Peck Road. The uses include a drive - thru coffee shop and a 1,500 square foot structure with similar uses as were identified in the previously approved POD. Little Rock Board of Directors Meeting Minutes September 20, 2005 26. ORDINANCE - 19,410 - Approving a Planned Zoning Development and establishing a Planned Office District titled Marina Cove Office and Condominium Development Short - Form POD located at 2228 Cottondale Lane, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 7 ayes, 2 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing the redevelopment of this 0-3 zoned property utilizing the existing building and constructing a second building on the site to be utilized as condominium units and office space. OTHER BUSINESS 27. ORDINANCE — 19,411 - To amend Little Rock, Ark., Rev Code § 34 -43 (1988) to add a provision for a per trip charge that can be assessed when there has been a dramatic increase in the price of gasoline; to declare and emergency; and for other purposes. Staff recommends approval. Synopsis: The Greater Little Rock Transportation Service is requesting the approval of the Board of Directors to grant a S1.00 per trip fuel surcharge to offset the tremendous increase in fuel costs in recent months. 28. ORDINANCE - 19,412 — To authorize the execution and delivery of an amendment to the head lease agreement relating to the City of Little Rock, Arkansas Industrial Development Revenue Bonds (Acxiom Corporation Project), Series 2000 -A and 2000 -13; declaring an emergency. 29. ORDINANCE - 19,413 — To dissolve the Ashley Glenn Municipal Multi- Purpose Property Owners Improvement District No. 640. Synopsis: The district was created February 15, 2005, by Little Rock Ordinance Number 19,288 and that from its inception to the present the District has not received any money or other funds or assets for which to account and does not have any financial obligation. Having received no funds or expended any funds through its existence and with the expectation that none will be received nor expended. 30. ORDINANCE — 19,414 - Authorizing the City Manager to enter into a sole - source contract with Motorola, Inc. in the amount of $124,678.68 for the purchase of 3 -1 -1 Operator and Supervisor Consoles for the 3 -1 -1 General Telephone Information System. Staff recommends approval. 2004 Bond Project. Synopsis: Funds are available for the 2004 Bond Issue. This improvement is being coordinated with the current radio system upgrade, which was also an approved bond project. Director Wyrick posed a question concerning Item 26. She stated that she had received several phone calls concerning this item. She wanted to know how the businesses and activities in the current area would be affected if Item 26 passed. Tony Bozynski, Planning Director, felt that the purposed development would not be impacted by the uses that are currently located in that area. He felt that the surrounding businesses would not have to change to accommodate the new influx of population. Grouped Items 15 and 25 were excluded from the reading, due to an abstention from Mayor Dailey. The grouped items consisted of Items 13 -30, excluding Items 15 and 25. The ordinances were read the first time. Director Adcock seconded by Director Hinton made the 0 Little Rock Board of Directors Meeting Minutes September 20, 2005 motion to suspend the rules and place the ordinances on seconded 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 Keck made the 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, being two- thirds in number the emergency clause and ordinances excluding Items 15 and 25 passed. When Director Cazort arrived, Mayor Dailey turned the chair over to Vice Mayor Graves in order for Items 15 and 25 to be voted. The ordinances were previously read the first time. Director Adcock seconded by Director Keck made the motion to suspend the rules and place the ordinances on seconded reading. By 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 the motion to suspend the rules and place the ordinances on third reading. By voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the third time. Mayor Dailey abstained from voting. By majority voice vote of the Board members present, being two - thirds in number Items 15 and 25 were passed. Separate Items: Items 31 -33 31. ORDINANCE - To prohibit illegal laboratories, including clandestine methamphetamine laboratories to provide for the dismantle and cleanup of illegal laboratories after notice to cease and desist; to provide for disposal of items involved in and located within the immediate area surrounding the laboratories; and for other purposes. (Hold on 1St Reading). 32. ORDINANCE - 19,415 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Nair Short -Form PCD located on the northeast corner of Cantrell Road and North Ridge Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing the development of 2.5 acres at the northeast corner of Arkansas Highway 10, Cantrell Road, and North Ridge Road with two (2) lots both taking access from North Ridge Road. The front lot will contain a 6,000 square foot restaurant and the rear lot will contain a 10,200 square foot office building. Mr. Bozynski gave an over view of Item 32. He explained that the Planning Commission held a public hearing in August on this item, and voted to support this application. He mentioned that Staff was supporting the item as well. Mr. Bozynski stated that this proposed zoning development would be placed in an already existing business node. Director Adcock asked for the number of properties surrounding the purposed area that have signed a pre- annexation agreement. Mr. Bozynski was not sure at the moment. He re- stated that the Planning Commission and Staff were in support of the application. Broker, John Hathaway, introduced his engineer, Joe White Junior. Mr. Hathaway stated that he was bias to this application and gave another over of the project. He stated access is already 7 Little Rock Board of Directors Meeting Minutes September 20, 2005 provided to Highway 10 by means of North Ridge Road. The developer is already committed to doing the necessary half - street improvements and side walk that would be required by the City at the time of development. He pointed out that the developer has requested no significant variance. Mr. Hathaway said that the land would be annexed prior to development. He asked the Board to cast their vote in favor of the re- zoning and adopt the ordinance before them with the full endorsement of the Planning Staff and Commission. Director Adcock asked about the number of meeting with the neighborhood that would be affected by this application. Mr. Hathaway stated that there had been only one meeting, which was in the hallway right before the meeting with the Planning Commission. He said it was clear that the issues in opposition had very little to do with this specific development. He stated that there has been no further discussion with the neighborhood prior to the current agenda meeting. Alicia Finch, in opposition, stated that she was here to represent Maywood Manor Neighborhood Association, and Coalition of West Little Rock Neighborhoods. She explained that Maywood has been in existence for over forty years, in which fifteen to twenty years of this time, most of the current residents have resided. She requested to clarify points that were wrongly recorded during the August 18, 2005 Planning Commission Meeting. Mrs. Finch asked the Board to refer to page 8 of the Nair Short-Form. She read aloud the quote that she was recorded to have said: "Currently there was 186 acres of property zoned for office and commercial activity from highway 300 to Rodney Parham Rd. There were a number of commercial developments being constructed and that forty percent of the commercial in the area was currently available ". Mrs. Finch explained to the Board that no reference was made to Highway 300. To her knowledge, this highway comes in west of the intersection, which she considers a Chenal Parkway extension. She stated that the 186 acres referenced referred to the two commercial nodes within a mile of this particular proposal. Mrs. Finch said that at the time of the August 18th meeting, there were over 100 acres available for sale along the highway 10 corridor in addition to the already zoned 186 acres at the two commercial nodes. Thousands of square feet of retail and commercial space were, and still are also available. She told the Board that forty percent of the available property at Chenal and Highway 10 is developed, while the remaining sixty percent is currently undeveloped. Mrs. Finch posed a few questions; why is there a land use plan for the Highway 10 corridor. What was the vision when it was initially developed? What is the vision now after many revisions? Why is there a Highway 10 Design Overlay District, and what does that mean. What have City ordinances, regulations, and standard requirements been established for; are they just a guide line, or strictly enforced. She explained that these questions are pertinent to the issue this evening. Mrs. Finch stated that according to the Planning recommendation, the purposed restaurant and office building on North Ridge Road. fits the land use plan. She asked if there was a need for these items to be developed. Mrs. Finch referred to the August 18th meeting by saying that there is no need for a business, restaurant, or bank on every corner or stretch of Highway 10. She said that other residents in the area feel the same and wanted explanation as to why the project should move forward. She stated that residents already have many restaurants to choose from, as well as office space. Mrs. Finch also stated that the neighborhood assumes the Highway 10 overlay guidelines would be applicable as well as any ordinances, regulations, and standard requirements. She quoted an e -mail sent from her to the City on September 12, 2005, by saying; there are items within the highway 10 Design and Overlay District and the associated ordinances, regulations, and standard requirements in which this proposal is not in compliance. The first is notification. The Aberdine Corp Property Owner's Association along with other Little Rock Board of Directors Meeting Minutes September 20, 2005 neighborhoods did not receive written notification. She stated that she spoke to the planning office and made phone calls to verify that a sign was never placed in the neighborhoods. She said that the only sign placed out for people was in a side yard, folded over, and not visible to anyone who drove by. Mrs. Finch sited the second item that is not within compliance is the placement of the buildings. The rear placement is twenty five feet, and it should be forty feet. Side placement is less than thirty feet, and the buffer zone is only nine feet. She stated that the Planning Commission's justification for these incorrect placements is that the property to the east is commercial property, which should be allowed a nine foot buffer. Mrs. Finch stated that if the Highway 10 Overlay District guidelines are continuously tossed aside to appease the developer, then what is the point of having such a document. She expressed that each time the standard requirements are not in force, the Planning Department and Board of Directors weakens the City of Little Rock's ability to control growth. Each time they are not enforced a precedent is set, which becomes more difficult to battle as developers begin to think they do not have to abide by them. Mrs. Finch spoke for Maywood in saying that there is a concern about the precedence being set as the neighborhood lies in direct path of purposed development. Properties to the east, north, and west are currently for sale. She explained that a plan is already being developed on the eastern property on Norton Road., and if newly proposed plans are filed, the entrance to Maywood will be encompassed. Mrs. Finch wanted to know what protection would be guaranteed to the neighborhood when development moves closer. In closing, she asked what a neighborhood that has existed for forty years is worth, and further asked for protection. She told the Board that if they do not abide by the plan that is in place, hold the developers for accountability, allow continuous zoning changes and disregard the concerns of citizens, Maywood would become another Pleasant Ridge. She spoke for the residents of Maywood, by imploring the Board of Directors and Mayor Dailey to stand by guidelines already established and to hold the developers accountable to the highest standards. Director Kumpuris wanted to address each issue of which Mrs. Finch spoke. He felt that she cast a number of dispersions against the Planning Commission and Planning Staff that need to be answered one at a time. Mayor Dailey wanted the other speakers to talk, and then would come back to Director Kumpuris' request. Mary Dornhoffer, President of the Pinnacle Neighborhood Association, and speaking for the Coalition of West Little Rock Neighborhoods addressed the Board. She wanted to reaffirm some of the things that Mrs. Finch had said. Mrs. Dornhoffer also spoke of the lack of notification received for development. She suggested that the plans for development should be taken back to the Planning Commission and then use the proper procedures to continue forward. She referred to a 2004 -2005 plan for the same district that was never developed. Mrs. Dornhoffer thought that this plan was better and allowed for more options in the future. She wanted to know why tax payers spent money and time was wasted on a better plan that never materialized. She explained that by zoning commercial land use further out of mid town, the business is migrating away from the heart of the City and creating a ghost town. Janus Argo, representative of the Aberdine Corp Property Owners Association implored for the Board of Directors to help in this subject. She stated that there are residents in the neighborhood that are moving away because of all of the development that is being approved for this area. Mrs. Argo explained that there are office buildings that have been developed but remain vacant, I Little Rock Board of Directors Meeting Minutes September 20, 2005 while more are expected to come. There is no need for another restaurant in the vicinity, but another is planned to be developed. She stated that there are major traffic concerns in this immediate area because of the Baptist School, Christian School, Robinson, and a daycare in this small area. She spoke for the neighborhood when saying that they can not stand any more development. Mrs. Argo stated that the practices of the City in allowing this is irrational exuberance and is causing the residents in the neighborhood to move away. Mayor Dailey asked for further comments from the opposing side. Mike Cogan, Ann Lynch, Russell Lynch, Patty Shoemaker, and Carol Bullock were present, but chose not to speak. Tom Carpenter, City Attorney, explained the point of the application that was being discussed tonight. He stated that the application is asking for planned commercial development along Highway 10, which the City has said is appropriate. The plan for Highway 10 did indicate a preference for planned development so that the Board can exercise some type of control over the planning for the development. The Planning Commission was supposed to look into the issues that deal with some of what has been discussed tonight. Planning has looked at traffic and commercial use and found it compatible. What is before the Board now, is whether or not to adopt an ordinance that would put into effect the plan that the Planning Commission said would be appropriate. Mr. Bozynski explained that on the notification aspect of the development, there are a number of steps that need to be taken. He stated that the applicant is required to notify all property owners within two hundred feet, by obtaining a list from the abstract company. Those notices are sent via certified mail. In addition, the applicant must post a sign on the property indicating that the site is being considered for what ever the request is. Mr. Bozynski said that to Planning's understanding, the sign was posted on this property, Staff did receive a call saying that the sign was down. Staff then contacted the applicant and asked for reposting, and it appears that the sign came down again. He said that Staff also does some notification by sending a supplemental notice to all residents within three hundred feet of the property in question. He also said that recognized neighborhood associations are notified within the area. Mr. Bozynski stated that Maywood Manor Neighborhood Association, Bayon Place Neighborhood Association, Aberdine Corp Property Owners Association, Argo Place Property Owners Association, and Johnson Ranch Neighborhood Association were all notified prior to the Planning Commission. He explained that when the land use plan was created for Highway 10, the idea was to create commercial nodes, and in this case, a business node. He pointed to the zoning map that was visible for viewing and said that the neighborhood property is surrounded by planned commercial development. Mr. Bozynski stated that the Planning Commission does not feel that this application will expand a node. This development is within the interior of an existing node which is an appropriate location for this type of development, which does make a transition from commercial to office on the rear portion. He explained that the Highway 10 Overlay District sets standards over and above typical zoning, which maintains the idea of a Highway 10 corridor. Mr. Bozynski admitted that the property to the rear falls short at twenty - five feet, when it should be forty feet, and the east side property is twenty -five feet when it should be thirty feet. He added that through a planned development process flexibility is allowed, and the whole project is taken into consideration. He stated that the building to the rear of the office building, as stated by Mrs. Finch, would not have any activity, so with the fence placed back there, Planning feels that this would be appropriate. Mr. Bozynski explained that in 10 Little Rock Board of Directors Meeting Minutes September 20, 2005 order for a restaurant to be developed, a need by the surrounding neighborhoods does not have to be shown. Director Cazort explained to the opposing side that he could understand if the proposed site was adjacent to their property and threatened to expand, but the applicant wants to develop in an area that is already designated for commercial. Mrs. Finch responded by saying that the only access to Maywood is through Highway 10. Norton Road. is currently taking in the corner of Maywood, which has two fast food restaurants and a proposed third. Little Rock Christian went before the Planning Commission and was turned down because it was an expansion of a node. She stated that there could be potentially six restaurants within a quarter of a mile. When Little Rock Christian lets out in the afternoon, that traffic backs up to almost where this property is being proposed, which does not take up one lane of traffic, but both lanes going in both directions. Mrs. Finch explained that when traffic backs up, there is no way to get out of Maywood, and the residents can not afford to put another traffic light in front of this problem area. She spoke for the neighborhood when expressing a fear for their homes by being engulfed by commercial zoning. Director Cazort asked Mr. Bozynski if the Planning Commission would support a planned proposal outside the boundaries of the commercial node on Highway 10. Mr. Bozynski could not give a clear definite answer, but said that a lot of issues would be raised. Mayor Dailey closed public comment after asking the developer if there were any additional comments. Director Keck seconded by Vice Mayor Graves made the motion to suspend the rules and place the ordinance on seconded 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 Keck made the 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 roll call vote: Keck, Wyrick, Hinton, Adcock, Kumpuris, Cazort, Vice Mayor Graves, Kumpuris and Mayor Dailey voted yes. Director Stewart voted no. The ordinance passed. 33. REPORT - Vision Little Rock: Governance — Leta Anthony, Jane Dickey. Discussion on the Mayor's salary and increase in pay for the Board Members took place. This topic will be officially addressed at a later date. There were no speakers presented for the Citizen Communication portion of the meeting. Director Keck, seconded by Director Cazort, made a motion to adjourn the meeting. By unanimous voice vote of the Board members present the meeting was adjourned at 7:42 PM. I1 Little Rock Board of Directors Meeting Minutes September 20, 2005 PASSED: OCTOBER 18, 2005 ATTEST: N ncy W od City Clerk 12 APPROVE: Jim Dailey Mayor