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.
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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
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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
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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
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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.
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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
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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
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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
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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,
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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
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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