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01-17-06Little Rock Board of Directors Meeting Minutes January 17, 2006 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham January 17, 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, Keck, Wyrick, Stewart, Hurst, Cazort, Adcock, Kumpuris, Vice Mayor Graves, and Mayor Dailey. Director Hinton was absent. Director Cazort gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. ADDITION M -1. Resolution 12,188 - To award an annual contract to Levy Concrete for the purchase of ready mix concrete. Staff recommends approval. Synopsis: Purchase price will be near or above $100,000. Levy Concrete was the lowest bidder. Funds are available in accounts 205- 220 -T290 -3020 (Concrete Ramp Program), and 200 - 220 - 2210 -3020 (Streets, Alleys, and Bridges). DEFERRAL 4. MOTION - To set the date of public hearing for February 7, 20005, to hear the request by the Commissioners of the Pecan Lake Municipal Improvement District No. 9 of Little Rock, Arkansas, for a reassessment to equitably assess the properties now located within the district. WITHDRAWAL 16. PUBLIC HEARING & ORDINANCE - Z -7954 — To appeal the Planning Commission's denial for a rezoning request for Planned Zoning Residential District titled McCormick Short -Form PD -R located on the southeast corner of West Markham Street and Donna Drive, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 4 ayes, 5 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request for this site from R -2 to PD -R to allow the development of the site as a zero lot line Single - Family Subdivision. Director Adcock made the motion, seconded by Director Cazort, to accept the modifications to the agenda. By unanimous voice vote of the Board members present the modifications were approved. 1 Little Rock Board of Directors Meeting Minutes January 17, 2006 PRESENTATIONS: City of Little Rocl Jerry D. Burnette James Chandler Milton Gasaway Farris Hensley Suzie Rusher Floyd Tilmon Retirement Presentations - 29 years of service with LRPD - 28 years of service with LRPD - 29 years of service with LRPD - 34 years of service with LRPD - 26 years of service with the City. - 20 years of service with the City. CONSENT AGENDA (Items 1 -15) 1. MOTION - To approve Minutes of the Little Rock Board of Directors Reconvened Meeting: December 13, 2005, and Little Rock Board of Directors Meeting: December 5, 2005, and December 20, 2005. 2. MOTION - To set the date of public hearing for February 7, 2006, to request that the Heatherbrae Property Owner's Improvement District No. 5 of Little Rock, Arkansas, be dissolved, declaring an emergency; and for other purposes. Synopsis: The District's Board of Commissioner's have determined that there is no longer a need for the district; no debts or other claims against the district, no assessments levied against the lands in the district, and no funds or other assets belonging to the district. 3. WITHDRAWAL - To set the date of public hearing for February 7, 2006, to hear the request by the Commissioners of the Broadmoor Property Owners' Improvement District No. 2 of Little Rock, Arkansas, for a reassessment to equitably assess the properties now located within the district. 4. WITHDRAWAL - To set the date of public hearing for February 7, 2006, to hear the request by the Commissioners of the Pecan Lake Municipal Improvement District No. 9 of Little Rock, Arkansas, for a reassessment to equitably assess the properties now located within the district. 5. WITHDRAWAL - To set the date of public hearing-for February 7, 2006, to hear the request by the Commissioners of Sewer Improvement District No. 147 of Little Rock, Arkansas, for a reassessment to equitably assess the properties now located within the district. 6. WITHDRAWAL - To set the date of public hearing for February 7, 2006, to hear the request by the Commissioners of Water and Sewer Improvement District 141 of Little Rock, Arkansas, for a reassessment to equitably assess the properties now located within the district. 2 Little Rock Board of Directors Meeting Minutes January 17, 2006 7. Resolution 12,189 - To authorize the City Manager to enter into an agreement with Advent Systems in the amount of $109,036.00 to upgrade AV equipment in the City of Little Rock Board Room. Staff recommends approval. Synopsis: This purchase will provide new monitors, speakers, cameras, recording systems, displays, cables, equipment racks, and hardware necessary to upgrade the City of Little Rock Board Room. 8. Resolution 12,190 - To authorize the City Manager to enter into a one (1) year contract with Lasher Oil Company for fuel supply and delivery service in the amount of $1,806,906. Staff recommends approval. Synopsis: Two (2) bids were received for bid C05030. Lasher Oil Company was the lowest bidder meeting the specifications. 9. Resolution 12,191 - To renew one hundred and forty (140) taxicab operator permits for Greater Little Rock Transportation Service, LLC. These permits begin on January 1, 2006, and expire on December 31, 2006. Staff recommends approval. Synopsis: The Department of Fleet Services has been requested to renew one hundred and forty (140) taxicab operator permits for Greater Little Rock Transportation Service, LLC. Those permits will begin January 1, 2006 and expire on December 31, 2006. 10. Resolution 12,192 - To authorize the Mayor and the City Clerk to grant a right -of- way easement for the purpose of constructing a sewer line over a portion of certain land owned by the City of Little Rock, located in Section 15, Township 1, South Range 13 West, Pulaski County, Arkansas; and for other purposes. Staff recommends approval. 11. Resolution 12,193 - To approve the use of $229,250 for the construction of the River Market Pedestrian Bridge. Staff recommends approval. Synopsis: Authorizing funding for a project to construct a River Market Pedestrian Bridge to connect Clinton Avenue through to the new Game and Fish Commission Nature Center and the River Market Promenade. 12. Resolution 12,194 - Authorizing a contract with McClelland Engineers for engineering services for the River Market Pedestrian Bridge. Staff recommends approval. Synopsis: Authorizing engineering services for McClelland Engineers for the River Market Pedestrian Bridge to connect Clinton Avenue through to the new Game and Fish Commission Nature Center and the River Market Promenade. 3 Little Rock Board of Directors Meeting Minutes January 17, 2006 13. Resolution 12,195 - Declaring the intent of the City of Little Rock, Arkansas to reimburse itself for capital expenditures from the proceeds of short-term financing obligations of the City; and prescribing other matters relating thereto. Synopsis: A resolution to allow the City to reimburse itself from future short -term financing for up to $130,000 for construction of the River Market Pedestrian Bridge. The resolution allows the city to proceed with capital expenditures prior to issuance of short -term financing and sets the cap for reimbursement at $130,000. 14. Resolution 12,196 - To authorize the allocation of up to five hundred thousand dollars ($500,000.00) from the 2004 issuance and reserve fund to the Animal Services Shelter Improvement Fund for construction of a new animal shelter; and for other purposes. 2004 Bond Project. Synopsis: Architect estimates and actual bids indicate that additional funds will be needed to complete this bond project in order to provide a functional Animal Services shelter. 15. Resolution 12,197 - Replacing a Commissioner on Vimey Ridge Water Improvement District #139. M -1. Resolution 12,188 - To award an annual contract to Levy Concrete for the purchase of ready mix concrete. Staff recommends approval. Synopsis: Purchase price will be near or above $100,000. Levy Concrete was the lowest bidder. Funds are available in accounts 205- 220 -T290 -3020 (Concrete Ramp Program), and 200 - 220 - 2210 -3020 (Streets, Alleys, and Bridges). A motion was made by Director Adcock, seconded by Director Cazort, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted. Items 3 -6 were withdrawn by City Attorney, Tom Carpenter. PUBLIC HEARINGS 16. WITHDRAWAL - Z -7954 — To appeal the Planning Commission's denial for a rezoning request for Planned Zoning Residential District titled McCormick Short -Form PD -R located on the southeast corner of West Markham Street and Donna Drive, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 4 ayes, 5 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request for this site from R -2 to PD -R to allow the development of the site as a zero lot line Single - Family Subdivision. lu Little Rock Board of Directors Meeting Minutes January 17, 2006 17. SENT BACK TO PLANNING - Z- 6481 -D — To appeal the Planning Commission's recommendation of denial for a rezoning request titled Breshear's Revised Short -Form, PD -C located at 600 North Tyler Street, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 3 ayes, 6 nays, 2 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request to revise the previously approved PD -C zoning to allow an increase in the number of allowable seats and to allow an increase in the hours of operation. Mayor Dailey opened the public hearing after a few technical questions from the Board. Don Breshears, owner of property in question, gave a history of the different restaurants that had been occupants of this establishment. He explained that the most recent tenant put a total of fifty -four seats into the establishment, after it had already been approved for thirty -six. He stated that because there was an objection from the people in the neighborhood and violation of lease agreement, the tenant vacated the building without paying a month's rent and left. He said that he is now asking the Board to grant him permission to extend the hours of operation to 9:OOPM, and place a strict guideline of thirty -six seats in the lease agreement so that this problem will not occur again. Ruth Bell, resident, wanted clarification on what the applicant was asking the Planning Commission. Mr. Carpenter explained to Mrs. Bell that the applicant wanted extended hours of operation from 6:30PM -9PM, with maximum seating clearly defined at thirty - six. Mr. Bozynski explained to the Board that the original application that Mr. Breshears had sent to the Planning Commission was for a different time frame, with maximum seating of fifty -four. Director Cazort, seconded by Director Hurst made the motion to send Item 17 back to the Planning Commission in order to change the application before it comes before the Board to vote. By unanimous voice vote, Item 17 was sent back to the Planning Commission for appropriate changes. Director Adcock stated that she received a letter from the people of the neighborhood, with concerns of sanitation; specifically around the dumpster beside the business. She explained that the dumpster is unsanitary and is attracting rats among other things. She requested that someone be sent out to the site to inspect the conditions in question. Director Pugh stated that many people called her to make someone aware of the problem with parking. Mr. Bozynski stated that on the February 16th meeting, they will take another look at the revised form. Little Rock Board of Directors Meeting Minutes January 17, 2006 18. Ordinance 19,469 - G -23 -349 -A - To abandon an undeveloped, unnamed twenty (20) foot by eighty -five (85) foot street right -of -way adjacent to 11525 Summit Road, in the City of Little Rock as a public right -of -way; and for other purposes. Staff recommends approval. Synopsis: The adjacent property owners request is to abandon an undeveloped and unnamed twenty (20) foot by eight -five (85) foot street right -of -way, adjacent to 11525 Summit Road. Mayor Dailey opened the public hearing for Item 18. With no speakers for or against the item, Mayor Dailey closed the public hearing. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Adcock, seconded by Director Hurst, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. By unanimous voice vote of the Board members present, being two - thirds in number, Item 18 was adopted. 19. DISCUSSION- AFDA Letter of Request for Mitchell School. The people who were present to speak in favor of the establishment of the Mitchell School were: Frank Cox, Lee Jones, Jane Hardin, Talesa Smith, and Colette Honorable. These people believe that the Mitchell School Project is an important step for women with children to get back on their feet after alcohol rehabilitation treatment. They urged the Board to speed the project along in its application process so that the proper deadlines are met for tax purposes and investors who will be giving money for the project. The fact that this would not be used as a halfway house or a rehabilitation center was reiterated for everyone with misconceptions who are in opposition. The people against the request for the Mitchell School project were: Annie Abrams, Kevin Dedner, James Floyd, B.J. McCoy, Ruth Bell, Betty Ellin, Jackie Randall, Wilhelmina Lewellen, and Frank Cox. These individuals were apposed to the placement of this facility due to the possible rise in crime and integrity of the neighborhood that surrounds the Mitchell School. 20. REPORT - Mr. Jim Harvey — Effect of drought conditions on City water supply. CITIZEN COMMUNICATION Speaker: Laura Mehaffy Topic: Update on Pinnacle Valley Road neighborhood meeting. Concerns are still abundant regarding the volume of homes and traffic which will come into the area. el Little Rock Board of Directors Meeting Minutes January 17, 2006 Speaker: Wingfield Martin Topic: Traffic concerns along Pinnacle Valley Road. Mr. Martin asked the Board to reconsider their vote on the Pinnacle Valley Court development.. Director Keck made a motion, seconded by Director Cazort to recess the meeting for the purpose of the City Manager and City Attorney Yearly Evaluations. By unanimous voice vote of the Board members present, the meeting was recessed. Mayor Dailey asked for a withdrawal of the motion to recess, and asked for a new motion to adjourn; that he would call a Special Meeting on January 31St for the City Manager and the City Attorney yearly evaluations. Directors Keck and Cazort withdrew the motion and second. A new motion was made by Director Adcock, seconded by Director Keck to adjourn the meeting. By unanimous voice vote of the Board members present, being two - thirds in number, the meeting was adjourned. ADOPTED: February 21, 2006 ATTEST: N ncy W od, CMC APPROVED: Qo'�w 16111 T Dailey, Slayor 7