01-10-06Little Rock Board of Directors Meeting
Minutes
January 10, 2006
MINUTES
BOARD OF DIRECTORS MEETING
City Hall — 500 W. Markham
January 10, 2006
6:00 PM
The Board of Directors of the City of Little Rock, Arkansas met in a regular session with
Mayor Dailey presiding. Nancy Wood, City Clerk, called the roll with the following directors
present: Pugh, Wyrick, Stewart, Hurst, Cazort, Hinton, Adcock, Kumpuris, Vice Mayor
Graves, and Mayor Dailey. Director Kick was absent at roll call, but enrolled at 6:37PM.
Director Stewart gave the invocation, which was followed by the Pledge of Allegiance.
Mayor Dailey asked the Board to consider the listed modifications.
ADDITIONS:
M -1. RESOLUTION 12,173 - To authorize the City Manager to enter into a construction
contract for St. Vincent Plaza. Synopsis: A resolution to authorize the City Manager to
enter into a construction contract with Bell Corley Construction in an amount not to
exceed $250,000.00 for the construction of the St. Vincent Plaza Gateway to the Medical
Mile.
M -2. RESOLUTION 12,174 - To authorize the Mayor and City Clerk to execute
appropriate documents to transfer certain real property to Sprint Communications Company
L.P. for a utility easement; and for other purposes. Staff recommends
approval.
M -3. RESOLUTION 12,175 - To authorize the Mayor and Clerk to execute a release deed
to release the reverter clause in a deed of certain property to Central Arkansas
Water. Staff recommends approval. Synopsis: The resolution authorizes the Mayor and
Clerk to execute a release deed that will release the reverter clause in a prior deed of
certain property at the corner of East Capitol Avenue and Cumberland Street to
Central Arkansas Water. The release of reverter clause concerns only Lots 211 and 3R,
Block 40, Original City of Little Rock.
M -4. RESOLUTION 12,176 - To award a lease to the Arkansas Game and Fish
Commission to develop a Nature Center in the Julius C. Breckling Riverfront Park for a term
of ninety -nine years; and for other purposes.
Director Keck made the motion, seconded by Director Cazort, to accept the modifications to
the consent items of the agenda. By unanimous voice vote of the Board members present the
modifications were approved.
Little Rock Board of Directors Meeting
Minutes
January 10, 2006
INTERVIEWS: Little Rock Planning Commission
1. Troy Laha
2. James Goodhart
CONSENT AGENDA (Items 1 -11)
1. RESOLUTION 12,177 - To authorize the use of eminent domain on the Bowman Road -
Chenal Parkway Intersection Improvement Project. Staff recommends approval.
Synopsis: Authorizing use of eminent domain for up to two (2) parcels of land on the
Bowman Road - Chenal Intersection Improvement Project.
2. RESOLUTION 12,178 - To authorize the City Manager to enter into a contract with
Heiple Wiedower Architects to perform architectural engineering work for the City of Little
Rock. Staff recommends approval. Synopsis: Authorize the City Manager to enter into a
contract with Heiple Wiedower Architects to perform architectural engineering work
on an as needed basis. Most projects will be small in nature, and will be performed on
a predetermined hourly basis.
3. RESOLUTION 12,179— To authorize the City Manager to enter into a contract with
Lasiter Construction, Inc. for Twenty -Ninth Street (Gilman Street to Tatum Street)
Street Construction Projects. Staff recommends approval. 2004 Bond Project. Synopsis:
Bid Number 05 -337. Amount of construction services is $621,012.15. ($564,556.50 plus
10% contingencies).
4. RESOLUTION 12,180 — To authorize the City Manager to enter into an agreement with
Lasiter Construction, Inc. for the street reconstruction of Harrison Street (Lee Avenue to
Markham Street). Staff recommends approval. 2004 Bond Project.
Synopsis: Bid Number 05 -381. Amount of construction services is $439,034.75.
($399,122.50 plus 10% contingencies).
5. RESOLUTION 12,181 - To authorize the City Manager to enter into an agreement with
Harris Construction, Inc. for street reconstruction for Maple Street (Eighth Street to
Thirteenth Street). Staff recommends approval. 2004 Bond Project.
Synopsis: Bid Number 05 -340. Amount of construction services is $555,704.60.
(505,186.00 plus 10% contingencies).
6. RESOLUTION 12,182 - To authorize the City Manager to enter into a contract with
Lasiter Construction, Inc. for Stonewall Road (Spruce Street to County Club Drive)
Drainage Construction Project. Staff recommends approval. 2004 Bond Project.
Synopsis: Bid Number 05 -321. Amount of construction services is $608,617.90.
($553,289.00 plus 10% contingencies).
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Little Rock Board of Directors Meeting
Minutes
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7. RESOLUTION 12,183 - To authorize the City Manager to enter into a contract with
Lasiter Construction, Inc. for Warren Yorkwood Culvert Drain Improvement
Construction Project. Staff recommends approval. 2004 Bond Project. Synopsis: Bid
Number 05 -320. Amount of construction services is $246,021.60. ($223,656.00 plus
10% contingencies).
8. RESOLUTION 12,184 - To authorize the City Manager to enter into a contract with
Township Builders Construction, Inc. for street reconstruction for Winterwood Drive
(Wilderness Road to Stardust Trail) Street Improvements Project. Staff recommends
approval. 2004 Bond Project. Synopsis: Bid Number 05 -341. Amount of construction
services is $307,343.30. (279,403 plus 10% contingencies).
9. RESOLUTION 12,185 - To authorize the City Manager to enter into a contract
with Diamond International for the purchase of one (1) Roll Back Wrecker in the
amount of $65,426.39 Staff recommends approval. Synopsis: Three (3) bids were
received for Bid Number 5343. Diamond International was the low bid.
10. RESOLUTION 12,186 - To authorize the City Manager to enter into a contract
with North Point Ford for the purchase of three (3) Ford Police sedans in the amount
of $60,012.00. Staff recommends approval. Synopsis: The purchase is from the
2004 Arkansas State Contract #SP -05 -0035.
11. RESOLUTION 12,187 - G -23 -357- To set the date of public hearing for February 7,
2005, on a petition to abandon a portion of the West 26th Street right -of -way, located
between Blocks 5 and 7, C.E. Gallagher's Addition; east of Booker Street. Planning
Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The
adjacent property owner requests the abandonment of a portion of the west 26th Street
right -of -way, located between Blocks 5 and 7, C.E. Gallagher's Addition; east of Booker
Street.
M -1. RESOLUTION 12,173 - To authorize the City Manager to enter into a construction
contract for St. Vincent Plaza. Synopsis: A resolution to authorize the City Manager to
enter into a construction contract with Bell Corley Construction in an amount not to
exceed $250,000.00 for the construction of the St. Vincent Plaza Gateway to the Medical
Mile.
M -2. RESOLUTION 12,174 - To authorize the Mayor and City Clerk to execute
appropriate documents to transfer certain real property to Sprint Communications Company
L.P. for a utility easement; and for other purposes. Staff recommends
approval.
M -3. RESOLUTION 12,175 - To authorize the Mayor and Clerk to execute a release deed
to release the reverter clause in a deed of certain property to Central Arkansas
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Water. Staff recommends approval. Synopsis: The resolution authorizes the Mayor and
Clerk to execute a release deed that will release the reverter clause in a prior deed of
certain property at the corner of East Capitol Avenue and Cumberland Street to
Central Arkansas Water. The release of reverter clause concerns only Lots 211 and 3R,
Block 40, Original City of Little Rock.
M -4. RESOLUTION 12,176 - To award a lease to the Arkansas Game and Fish
Commission to develop a Nature Center in the Julius C. Breckling Riverfront Park for a term
of ninety -nine years; and for other purposes.
A motion was made by Director Adcock, seconded by Director Keck, to adopt the Consent
Agenda. By unanimous voice vote of the Board members present, being two - thirds in
number, the Consent Agenda was adopted.
End of Consent Agenda
15. ORDINANCE 19,468 - Z -7952 — To appeal the Planning Commission's action in denial
of a Planned Zoning District titled Pinnacle Valley Court Long -Form PD -R, located on
Pinnacle Valley Road, north of Cantrell Road. Planning Commission: 5 ayes, 4 nays, 2
absent. Staff recommends approval. 2nd Reading. (1st reading was held on December 20,
2005). Synopsis: The applicant is appealing the Planning Commission's
recommendation of denial for a rezoning request for the site from R -2 to PD -R, to allow
the development of the site as a zero lot line Single - Family subdivision.
Director Cazort, seconded by Director Pugh, made the motion to discuss item 15 directly
after the consent agenda. By unanimous voice vote of the Board members present item 15
was moved. Mayor Dailey recused on item 3.
Public Works Director, Steve Haralson, explained to the Board that there was a public
meeting a week ago regarding Item 15. He said that many people attended, and several
things were asked of the developer as a result of the meeting. Mr. Haralson recapped the
presentation that was given by him during the Board meeting on December 20, 2005. He
stated that Public Works had done a new set of traffic counts last weekend for the people
who wanted an updated estimate along the Pinnacle Valley Road. He said that the traffic
counts were lower last weekend then they were a year ago when first taken. He pointed out
that there is a difference in volume when comparing left turns and right turns along the road.
He also stated that the existing Pinnacle Valley Road is very narrow with only nine feet in
width, but the developer is willing to add an additional seventeen feet of pavement. Mr.
Haralson explained that with the additional seventeen feet of pavement, the Public Works
department would move the center lane over so that both lanes would increase in width. He
explained that another concern was a bump at the entrance of the new development. He said
that south bound traffic on Pinnacle Valley would have a hard time seeing traffic coming
north bound as they approach the entrance. He stated that a foot and a half would be taken
off of the height of the bump to make the traffic more visible for motorists. He said that the
developer has been asked to cut the bump down by a foot and a half, and he has agreed to do
so. He explained that residents in the area had a problem getting through the Cantrell Road
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Little Rock Board of Directors Meeting
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and Pinnacle Valley intersection quickly. He said that the residents would like a duel left
turn lane installed so that traffic would not become as backed up at the light.
Traffic Engineer, Bill Henry, explained that the light in the Cantrall /Pinnacle Valley
intersection has an intermittent problem with the video detection unit and takes an
abnormally long amount of time to change. He said that the traffic engineer staff has
changed out the unit which is under warranty, and is working well. He stated that since the
installation last Thursday, no complaints have been made. He said that an extra left turn lane
is possible to place in the intersection, but the right turn lane would need to be changed into a
combination of a right and left turn lane. Mr. Henry explained that when the intersection was
constructed a long time ago, the traffic volume was much different because the area was not
as developed. He showed some charts to better help the Board members understand the
traffic patterns in the area and why an extra turn lane would be beneficial to the intersection.
He stated that he would like to reanalyze the traffic volume during the peak hours of summer,
to get a better understanding of traffic patterns throughout the year. Mr. Henry estimates the
changes to the turn lane to be around $15,000.00.
The applicant, Keith Wingfield, stated that during the meeting with the neighborhood and
property owners, issues were settled concerning traffic and other concerns. He passed a letter
out to each Board member from Mr. Danial Clinton explaining how he is now in support of
the development. He repeated what Mr. Haralson had said, and explained in detail the road
widening that will be constructed in the area along Pinnacle Valley Road.
Nancy Lott, resident, explained that she does not stand in opposition of the project, but to the
density of the project. She said that thirty homes being developed in the area is too large a
number. She stated that Mr. Wingfield admits to targeting people who are 50 years and older
when building these homes. She asked the Board to modify the project from thirty homes, to
twelve- eighteen homes only. She explained that the traffic flow through the area is already a
large volume. and with an additional thirty homes, this would add sixty cars. She also asked
that all road improvements to the entrance of the community be completed before the
construction of homes. The final request that she made was for a duel turn lane installation
in the Cantrall /Pinnacle Valley intersection.
Evans Dietz, resident, expressed concern regarding the density of the housing project. He
suggested a solution similar to Mrs. Lott's.
Laura Mehaffy, business owner, was excited to here the news about the change involving the
intersection and light, but is still against the housing project. She named off several
communities that are similar in size to the one being purposed by Mr. Wingfield, but
followed it up by saying that these communities all have four and five lane roads going past
them. She explained that the roads will still not be up to the standards of safety needed to
insure that wrecks will be at a minimum, by adding an additional seventeen feet in width.
Louis Bianco, resident, made the Board members aware of possible sewage problems in the
area that will be created by construction.
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Little Rock Board of Directors Meeting
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Jimmy Greenfield, resident, agreed with Mr. Bianco and the other residents about the sewage
and traffic problems due to over densely populating the area.
Betty Lowe, resident, agreed with everyone by saying that there is a real concern regarding
traffic along the Pinnacle Valley Road area.
City Attorney, Tom Carpenter, explained that the entire Pinnacle Valley area will be covered
within the realm of the new sewage plant that will be constructed soon. He stated that until
then, the site will be serviced by the sewage plant that is currently in place.
Planning Director, Tony Bozynski, explained that the Little Rock Waste Water Utility
department did not seem concerned about covering the area that is purposed to be
constructed.
Mr. Henry stated that on the concern of density in the purposed area, there should not be a
traffic problem.
Ernie Peters, Traffic Engineer, stated that an independent study from the City's was done to
determine traffic counts along the Pinnacle Valley Road. He said that there is a strong
correlation between the two studies and that he does not disagree with the City Staff s
information that has been discussed. He stated that the impact of thirty homes within the
area purposed is negligible. He explained that the alterations in the road along the site will
be more than enough to solve traffic problems that the residents are concerned about. He
reported that from the traffic count done during December, the intersection operates well and
that there is more than adequate reserve to alter passage for when things develop further
west. He explained the technicalities involved with right and left turns through the
intersection and how they will be affected by a duel left turn lane.
Mr. Wingfield gave some statistics on development practices in Maumelle versus Little
Rock. He stated that zero lot line yards are become more common, because of baby boomers
and first time home buyers. He quoted a study by saying that sprawl development is
minimizing the effectiveness of space within metropolitan areas, and causing more harm than
good. Mr. Wingfield acknowledged the resident's concern about the traffic and road width
through Pinnacle Valley Road, and assured the Board that he and his team are doing
everything possible to fix the problem.
City Manager, Bruce Moore, stated that if the Board moves forward with this item, the
residents will receive the duel lanes that they have requested.
City Attorney, Tom Carpenter, suggested an amendment to Item 15 before second reading.
He pointed out in section two of the ordinance, which states that the Planning Commission
recommended approval of the preliminary site plan. He went on to say that the Planning
Commission did not recommend approval. He suggested that the language be approved as
contained in the write -up which will be attached as exhibit A, and then have the Planning
Commission's write -up attached as well. Director Keck, seconded by Director Adcock made
Little Rock Board of Directors Meeting
Minutes
January 10, 2006
the motion to amend the ordinance as stated by Mr. Carpenter. By unanimous voice vote of
the Board members present item 15 was amended.
Director Adcock requested affirmation from Mr. Haralson that Pinnacle Valley Road would
be reconstructed before construction of the homes began. Mr. Haralson stated that the
Planning Commission will not typically approve the final plat until all of the improvements
are complete within the development. He said that street does not need to be modified prior
to the construction of homes, but must be in place before the developer can build the lots and
sale the homes.
Director Cazort, 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 ordinances were read the third
time, as amended. Director Pugh voted no for the suspension of the rules. A roll call vote
was taken and recorded as follows: Directors Keck, Cazort, Hinton, Kumpuris, Vice Mayor
Graves, and Mayor Dailey voted aye. Directors Pugh, Wyrick, Stewart, Hurst, and Adcock
voted nay. With 6 ayes and 5 nays, the ordinance (Item 15) was adopted.
CITIZEN COMMUNICATION
Speaker: Sam English
Topic: Concerned with Sodium Fluoride levels in the City's water supply.
Speaker: Lee Jones
Topic: Asks the Board to place the Mitchell School item on the next agenda to speed the
process along.
Speaker: Ruth Bell
Topic: Does not want Rebsamen Park to become a main through -fair for traffic through Little
Rock.
Speaker: Billy Chapman
Topic: Having problems with speeding traffic in his neighborhood on Evergreen Drive..
Speaker: Glen Schwarz
Topic: Wants the Little Rock Land Fill capped off, and the Southwest Little Rock crime to be
stopped.
Speaker: Troy Laha
Topic: Special thanks to LRPD, LRFD, Public Works, and all of the people that helped with
the Christmas Parade.
PLANNING AND DEVELOPMENT
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Little Rock Board of Directors Meeting
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Grouped Items
Items 12 -18
12. ORDINANCE 19,465 - LU05 -10 -03 - To amend the Land Use Plan (16,222) in
the Boyle Park Planning District, from Single- Family to Transition; and for other
purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends
approval.
13. ORDINANCE 19,466 - Z -7956 - Reclassifying property located at 3801 Mabelvale
Pike, Little Rock, Arkansas, from R -2 to I -2; amending the Official Zoning Map of the City
of Little Rock, and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent.
Staff recommends approval. Synopsis: The owner of the thirteen (13) acre property,
located at 3801 Mabelvale Pike, is requesting the zoning to be reclassified from R -2,
Single- Family Residential to I -2, Light Industrial District.
14. ORDINANCE 19,467 — Z -7957 — Reclassifying Property located at 6450 Scott
Hamilton Drive, Little Rock, Arkansas, from I -2 to C -3; amending the Official Zoning Map
of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, I
absent. Staff recommends approval. Synopsis: The owner of the 0.52 acre property
located at 6400 Scott Hamilton Drive, is requesting the zoning to be reclassified from I-
2 To C -3.
The ordinances were read the first time. Director Cazort, seconded by Director Adcock,
made a motion to suspend the rules and place the ordinances on second reading. By
unanimous voice vote of the Board members present, being two - thirds in number, the rules
were suspended and the ordinances were read the second time. Director Adcock, seconded
by Director Cazort, made a motion to suspend the rules and place the ordinances on third
reading. By unanimous voice vote of the Board members present, being two - thirds in
number, the rules were suspended and the ordinances were read the third time. By
unanimous voice vote of the Board members present, being two thirds in number, the
ordinances (Items 12, 13, and 14) were passed. Director Hinton was not present for the
vote.
15. ORDINANCE 19,468 - Z -7952 — To appeal the Planning Commission's action in denial
of a Planned Zoning District titled Pinnacle Valley Court Long -Form PD -R, located on
Pinnacle Valley Road, north of Cantrell Road. Planning Commission: 5 ayes, 4 nays, 2
absent. Staff recommends approval. 2"d Reading. (I st reading was held on December 20,
2005). Synopsis: The applicant is appealing the Planning Commission's
recommendation of denial for a rezoning request for the site from R -2 to PD -R, to allow
the development of the site as a zero lot line Single - Family subdivision.
Director Cazort, seconded by Director Pugh, made the motion to discass item 15 directly
after the consent agenda. By unanimous voice vote of the Board members present item 15
was moved.
Little Rock Board of Directors Meeting
Minutes
January 10, 2006
16. DEFERRED - 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. (Ordinance contains
an emergency clause). 3` Reading. (I" reading was held on September 20, 2005) ( 2nd
Reading was held on October 4, 2005).
PUBLIC HEARINGS
17. FAILED — RESOLUTION - To affirm the Planning Commission's Action in approving
a conditional use permit for Briscoe Accessory Dwelling at 3701 Potter Street. Planning
Commission: 8 yes, I nay, 2 absent. Staff recommends denial. Synopsis: A record
objector is appealing the Planning Commission's action in approving a conditional use
permit to allow a single -wide manufactured home to be used as an accessory dwelling
on the R -2 zoned property, located 3701 Potter Street.
Carolyn Heitman, representative of the John Barrow Association, stated that she and the
people that she represents are in opposition of Item 17. She stated that the property
surrounding the sight in question is single family residential, and the residents in the area feel
that bringing in a single -wide manufactured home would not be a conforming use for this
location. She stated that if this item is passed, development of manufactured home parks
might become allowed and property values would go down in an area that has struggled to
become safer and more appealing to the public.
Mr. Bozynski stated that the Planning Commission agreed to the placement of the home only
if the applicant removed it when it was no longer needed by the mother that would be living
there. He stated that the applicant had agreed to placing the single -wide home on a
permanent foundation and placing a skirt around the bottom to meet the City's requirements.
He said that the lot on which this home will be placed is larger than a normal residential lot.
Director Stewart asked if this situation has ever been approved for another person. Mr.
Bozynski stated that the applicant had claimed other people have done the same thing in the
area, but upon a tour of the area in question, no such similarities were found by the Planning
Commission.
The resolution was read the third time. By unanimous voice vote of the Board members
present, being two - thirds in number, Item 17 failed.
A motion was made by Director Cazort to go into executive session, Director Hurst
seconded the motion and by unanimous voice vote of the Board members present the
meeting was recessed at 8:10 PM.
Mayor Dailey called the meeting back in session at 8:30 PM. Mr. Bruce Moore, City
Manager announced the recommendations to the following Boards and Commissions:
Little Rock Municipal Airport Reappointment Jimmy Moses
Ambulance Authority Appointment W. Leon Matthews
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Little Rock Board of Directors Meeting
Minutes
January 10, 2006
Animal Services Advisory Board
Little Rock Planning Commission
Racial & Cultural Diversity
Commission
River Market District Design
Review Committee
Sister Cities Commission
Reappointment Barbara Lensing
Appointment Troy Laha
Appointment Miquel Pinon
Appointment Jim Jackson
Appointment Deun A. Ogunlana
Appointment G. Christopher Mathews
A motion was made by Director Adcock to accept the nominations. Director Cazort
seconded the motion, and by unanimous voice vote of the Board members present, the listed
appointments and reappointments were made.
18. EXECUTIVE SESSION & RESOLUTION 12,198 - Appointments to various Boards
and Commissions.
A motion was made by Director Cazort, seconded by Director Hurst to adjourn.
By unanimous voice vote of the Board members present, the meeting was
adjourned.
ADOPTED: February 21, 2006
ATTEST:
N ncy Woo , City Clerk
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APPROVED:
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Ji ailey, Mayor