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02-07-06Little Rock Board of Directors Meeting Minutes February 7, 2006 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham February 7, 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 Kumpuris gave the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS: Coretta Scott King — Mayor Dailey read a proclamation that declared February 7, 2006 as "Coretta Scott King Memorial Day ". WHEREAS, Coretta Scott King was one of the most influential women leaders in our world today; and WHEREAS, Mrs. King was prepared by her family, education and personality for a life committed to social justice and peace; and WHEREAS, Mrs. King's remarkable partnership with Dr. King resulted not only in four children, but in a life devoted to the highest values of human dignity in service to social change; and WHEREAS, Mrs. King traveled throughout our nation and world speaking out on behalf of racial and economic justice, as well as, many other social issues; and WHEREAS, since her husband's assassination in 1968, Mrs. King devoted much of her energy and attention to developing programs and building the Atlanta -based Martin Luther King, Jr. Center for Nonviolent Social Change as a living memorial to her husband's life and dream; and WHEREAS, Mrs. King Spearheaded the massive educational and lobbying campaign to establish Dr. King's birthday as a national holiday -a holiday which has come to be celebrated by millions ofpeople world -wide and, in some form, over 100 countries; and WHEREAS, Mrs. King died on January 31, 2006, concluding her earthly service to her fellow citizens of the world and her funeral took place today, February 7, 2006; and NOW, THEREFORE, I, Jim Dailey, Mayor of the City of Little Rock, Arkansas, do hereby proclaim February 7, 2006 as "Coretta Scott King Memorial Day " Little Rock Board of Directors Meeting Minutes February 7, 2006 In the city of little Rock. The City of Little Rock celebrates her wisdom, compassion and vision. Coretta Scott King is remembered as one who tried to make ours a titter world and, in the process, made history. Barry Travis — Mayor Dailey read a proclamation that declared February 9, 2006 as "Barry Travis Day ". WHEREAS, Barry Travis, after 35 years of service, transformed Little Rock into a vibrant meetings, conventions, and tourist destination; and WHEREAS, he oversaw the development and construction of the State House Convention Center and its expansions; and WHEREAS, Barry acted as the cattalist for redirecting the beauro into becoming both a world class destination, marketing organization, and convention facility management company; and WHEREAS, Barry Travis brought a visitor view point and spirit to the City of Little Rock, and made us all better as a result; and WHEREAS, he cared about the economic welfare of all the employees of the Little Rock Hospitality Community; and WHEREAS, he demonstrated a profound love of theatre, music, arts; including martial arts, and architecture and the City's natural beauty that has enspired us all; and WHEREAS, Barry Travis created friendships that will last forever; and WHEREAS, the beauro of the City of Little Rock will be beneficiaries of his efferts and accomplishments for many years to come; and NOW, THEREFORE, I Jim Dailey, Mayor of the City of Little Rock, Arkansas, do hereby proclaim February 9, 2006 as: "Barry Travis Day " CONSENT AGENDA (Items 1- 9) 1. Resolution 12,199 - G -24 -016 - To set the date of public hearing for February 21, 2006, to abandon portions of utility easements located within lots 15, 16A and 16R, Towne Oakes Addition, located at the northwest corner of Rodney Parham Road and Reservoir Road. Board of Adjustment: 5 ayes, 0 nays, 0 absent. Staff recommends approval. Synopsis: The owners of the subject properties are requesting abandonment of specifically described portions of utility and drainage easements located within the 2 Little Rock Board of Directors Meeting Minutes February 7, 2006 properties. The easement abandonment is not to become effective until facilities are removed or relocated and new easements are dedicated. 2. Resolution 12,200 - To authorize the City Manager to enter into a contract with Fleming Electric, Inc., and Staley, Inc., to supply electricians to perform overflow electrical repairs. Staff recommends approval. Synopsis: The contract allows Fleming Electric, Inc., and Staley, Inc., to supply electricians on an hourly basis, when the limited City electrical staff can not respond in a timely manner. 3. Resolution 12,201 - To reimburse the City for capital expenditures from the proceeds of short-term financing obligations. Staff recommends approval. Synopsis: The resolution will allow the City to reimburse itself from a future short-term financing, which will be up to $2,500,000.00 for vehicles. 4. Resolution 12,202 - Authorizing the City Manager to execute a contract with Lawson Software for software, software implementation services, and annual support and maintenance services; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to sign agreements with Lawson Software for software and software implementation services in an amount not to exceed $1,714,400.00, and the annual support and maintenance with a first year cost of $79,760.00. 5. Resolution 12,203 - 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. Staff recommends approval. Synopsis: The resolution will allow the City to reimburse itself from a future short-term financing for up to $3,000,000 of software improvements. 6. Resolution 12,204 - G -23 -358 - To set the date of public hearing for February 21, 2006, to abandon an alley right -of -way located near 2901 South Main Street, Little Rock, Arkansas. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant is seeking an abandonment of an alley right -of -way located near 2901 South Main Street, Little Rock, Arkansas. 7. Resolution 12,205 - To authorize the City Manager to provide a license to Central Arkansas Transit Authority to use certain property for a rail switching track; and for other purposes. Staff recommends approval. Synopsis: The resolution authorizes the City Manager to issue a license to CATA to use certain property located near the Clinton Library and the Heifer Project Headquarters to Central Arkansas Transit Authority for use for a rail switching track for so long as CATA operates the River Rail. 8. Resolution 12,206 - To authorize the City Manager to enter into a contract with Samco Construction Company, Inc. in a amount not to exceed $130,000 for the construction of Arkansas River Trail, Jr. Deputy Section, (Jessie Road to Cajun's Wharf Drive). Staff recommends approval. 2004 Bond Project. 3 Little Rock Board of Directors Meeting Minutes February 7, 2006 9. Resolution 12,207 - To authorize the City Manager to enter into a contract with G.A.G. Builders, Inc. for construction of a new animal shelter in an amount not to exceed $1,346,000. Staff recommends approval. 2004 Bond Project. 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. Director Hinton was absent. End of Consent Agenda CITIZEN COMMUNICATION Speaker: Shawn Reisman Topic: BFI report, regarding Forche Creek. Planning and Development Grouped Items Items 10 -21 A motion was made by Director Cazort, seconded by Director Adcock, to discuss Item 12 first. By unanimous voice vote of the Board members present, Item 12 was the first grouped item to be discussed. 10. Ordinance 19,470 - Z -7962 — Approving a Planned Zoning Development and establishing a Planned Residential District titled Crocket Long —Form PD -R, located at 6900 Honeysuckle Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant is requesting a zoning change from R -2, Single - Family to PD -R to allow the construction of a small dwelling for an aging family member as an in -law quarters. 11. Ordinance 19,471 - Z -7964 — Approving a Planned Zoning Development and establishing a Planned Residential District titled Kanis Creek Addition Long -Form PD -R located on the southeast corner of Pride Valley Road and Kanis Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is proposing the subdivision of this 9.94 acre tract into fifty (50) single - family residential units through a Planned Residential Development. 12. Ordinance 19,472 - Z -7965 — Approving a Planned Zoning Development and establishing a Planned Office District titled South Park Avenue Short-Form POD, located at 1411,1417, 1421, and 1501 South Park Avenue, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 8 ayes, 2 nays, 1 absent. Staff recommends approval. Synopsis: The Little Rock Board of Directors Meeting Minutes February 7, 2006 applicant is proposing the rezoning of four properties from R -3 and R -4 to POD to allow the units to redevelop as an art gallery, research center. "think- tank" — office use and a bed and breakfast. Single- family and a duplex are being requested as alternative uses for the site. 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. Mayor Dailey held the reading of Item 12, for citizens to speak. Ethel Ambrose, president of the Central High Neighborhood Association, handed out some pamphlets and quoted a famous author as saying "I believe in neighborhood, a place where families own their home. Where they work, play, make mistakes, and celebrate their lives ". She stated that she lives in one of America's most historic neighborhoods, the Central High Historic Neighborhood. Mrs. Ambrose explained that events which took place in her neighborhood in 1957, made it one of the most significant civil rights sights in America. She said that in the wake of "white flight" which followed the integration of schools in 1957, and public policies which encouraged the shift of population from the old town to western suburbs, the Central High School Neighborhood suffered decades of deterioration and decline. She stated that the trend has begun to turn around and make a change for the better. She pointed out that there are large areas of investment in the neighborhood, which is shifting from predominantly renter - occupied to owner- occupied. Mrs. Ambrose said that this neighborhood is fragile and the people within are trying to preserve the original character and its historical integrity. She stated that these goals for which local people have struggled and persevered against odds for the last quarter of a century, and whose efforts are beginning to bare fruit, are now being threatened by the South Park development proposal. She explained that this proposal, which involves the rezoning of four houses from Single - Family to Commercial POD, would remove badly needed residential stock from the neighborhood. Mrs. Ambrose quoted a resident as saying "Any commercial intrusion in this area would only open Pandora's box because more commercialization in this neighborhood would follow ". She said that if you want to capitalize on tourism, would you rather preserve a sight that offers imagery from 1957, or offer an altered landscape for people to view. She explained that to condone the later would be comparable to building a hotel on the battle ground at Gettysburg, and spits in the face of civil rights struggle. She stated that the argument for commercializing this area is that no one wants to live across from a school. Mrs. Ambrose said that his was inaccurate and if you look at real- estate across America, you will find some of the most valuable real - estate located directly across from schools. She said that there are home owners who live in the 1400 and 1500 blocks on Schiller Street that wish to remain in their homes. She recalled when the developer sat down with the people who lived within the neighborhood and showed them the proposal, eminent domain was threatened on one of the residents if she did not sell her property. She said that the developer later apologized for the threat when the neighborhood found out that she did not have the authority to evoke such threat. Mrs. Ambrose stated that support the developer has received is from individuals who do not live within the neighborhood. She explained that in phase one of the project, only four houses are going to be rezoned, but 5 Little Rock Board of Directors Meeting Minutes February 7, 2006 in the later phases, the commercialized area will be expanded to cover a significantly large portion of the neighborhood. She asked the Board for help in keeping the scenic historical Central High Neighborhood preserved in its original beauty by not commercializing the area. Joyce Matthews, a resident at 1415 Park Street, stated that she was apposed to the rezoning of the area. She sighted similar concerns regarding the rezoning of the Central High community. She stated that safety during the day and after hours of the rezoned commercial district will be a major concern. She was concerned that illegal activities will be ideal for the parking lot behind the purposed business. Deborah Lindville, a resident, voiced her opposition to the purposed development. She gave a brief synopsis of her personal history leading up to this point. Her concerns were the same as Mrs. Matthews and Mrs. Ambrose. Cliff Riggs, a resident, spoke against the development. He spoke of his plight while dealing with the adverse conditions he moved into when he came to the Central High Neighborhood, and the push that was made to better the area in which he lives. Win Datey, applicant representative, explained that the applicant is trying to improve the area in question, not tear it down. He explained that they are trying to preserve the homes and recreate the look that the neighborhood would have had in 1957. He said that the applicant commits to refrain from using signage in the front lawns, or building big businesses in the area. He said that the neighborhood would look as natural as it did in 1957 -1967. Mr. Datey addressed the speculation of developing phase two by saying that there might not be any further changes after these four homes have been redecorated. He stated that some concerns were voiced about the amount of parking that would be allotted to this sight. He said that the purposed plan had a larger footage estimate then what would be placed behind the houses. He explained that when he did his calculations, he rounded up, thus creating a larger amount of space, which would not be the case when the parking lot is placed in the neighborhood. Walter Nunn, member of the Racial and Cultural Diversity Commission, explained that when the information was presented by the applicant, many members were in favor. He explained that this would help strengthen the message of the History District in the Central High Neighborhood. Mr. Nunn stated he was not here to support or oppose the development on behalf of the Racial Cultural Diversity Commission, but as an individual. He did invite both sides to a meeting that is scheduled for next week to present both sides of the discussion. Dennis Burrough, member of the Bullet Temple Racial and Cultural Diversity Commission, expressed his views on the purposed project. He explained that sometimes a neighborhood has to change a little to help the City. He stated that a bed and breakfast draws people to neighborhoods because it gives a sense of welcome and comfort. He said that he more people feel welcome, the more people will visit the City. on Little Rock Board of Directors Meeting Minutes February 7, 2006 Pat McGraw, quoted Jessie Jackson when coming to the Central High School's 401h Anniversary, as saying "What is the matter with the people that live within this neighborhood? The school looks beautiful, but the area around it looks run down." She explained that he will be returning in September 2007, and would like to have all of the improvements done by this time. She stated that this development would be an improvement that would make ancestors proud and educate children at the same time. Grace Blogdon, project head, stated that she and the people who were helping with the project were extremely excited about working toward togetherness in this endeavor of restoring the house and adding to the community. She wanted to make clear the eminent domain was never intentionally threatened, and she apologized for any misunderstanding. She explained that she and her group look forward to working with the neighbors within the Central High Neighborhood while improving and adding to it. Mrs. Ambrose commented on a statement made by Dr. Burrough who said that the commissioners at Bullet Temple were not concerned about the neighborhood reconstruction. She stated that some of the signatures on the petition against the project were from commissioners at Bullet Temple. She also stated that even though Mrs. Blagdon did not threaten eminent domain, her agent did. Mrs. Ambrose said that she and others would be contacting the Racial and Cultural Diversity Commission at Bullet Temple to better open lines of communication regarding the issue at hand. She explained that no feasibility study has been done to determine whether or not the installation of a bed and breakfast in the area would be viable. She stated that if this commercialization takes place in the area, it will be a discouragement to reinvesters in the future that are looking for a residential neighborhood to invest in the community. Mr. Datey explained that since August 2003, the applicant has been going over details to make this project a reality. He asked all who came in favor of the project to stand in order for the Board to see the supporter from within the room. After the people sat down, he explained that there are many more that did not show tonight, but sent e- mails, letters of support, and other things to show that this project would be an asset to the community. He said that the money has yet to be raised for the project, because they first wanted it to be approved. He stated that the second step would be to obtain the money and complete the task by August 2007. He said that in phase 2, if the project goes that far, they hope to expand down Schiller Street, but for now the application is only for South Park Street. Director Hurst asked Tony Bozynski about the specific use of the site in question. Mr. Bozynski stated that the only site that will be affected by this ordinance tonight would be 1501 South Park Ave., which will be the location of the bed and breakfast. He explained that 1411 S. Park will be the art gallery, 1417 S. Park will be the research center, and 1421 S. Park will be the gathering place. He said that the applicant is willing to work with the National Park Service in preserving the natural landscape, limited signage, and exterior appearance, which are all stated in the ordinance. He explained to further the project to the second phase, a new application would need to go through the Planning Commission for rezoning. 7 Little Rock Board of Directors Meeting Minutes February 7, 2006 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 12 was adopted. 13. Ordinance 19,473 - Z -7950 — Approving a Planned Zoning Development and establishing a Planned Office District titled Carpenter Short- Form PD -O, located on the northwest corner of West 41St Street and Stannus 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 proposal includes the rezoning of this site from R -3 to PD -O to allow this existing vacant structure to be utilized as an office. 14. Ordinance 19,474 - To authorize a five (5) year deferral for street improvements required under the Master Street Plan for the Carpenter Short-Form POD at 4016 Stannus Road. Staff recommends approval. Synopsis: Deferral of Master Street Plan Improvements for Carpenter Short-Form POD at 4016 Stannus Road. 15. Ordinance 19,475 - Z -7967 — Approving a Planned Zoning Development and establishing a Planned Residential District titled Watkins Short-Form PD -R, located at 50 Hickory Hills Circle, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant is proposing an addition to their home, which includes two (2) outbuildings; both containing kitchen. facilities. 16. Ordinance 19,476 - Z -6699 — Repealing Ordinance No. 18,079, revoking a Planned Commercial District titled Starmax Short-Form PCD located on the southeast corner of Rahling Road and Champlin Drive in the City of Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant submitted a request dated October 13, 2005, requesting the current PCD zoning be revoked and the previous C -1 zoning be restored. 17. Ordinance 19,477 - Z- 6554 -C — Reclassifying property located on the northwest corner of Kanis Road and Bowman Road from C -3, to C -3 with conditions; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The owner of the 2.05 acre property located on the northwest corner of Kanis Road and Bowman Road is requesting the rezoning of property from C -3, to C -3 with conditions; reducing the previously imposed, no building area. 18. Ordinance 19,478 - LU- 05 -18 -03 — To amend the Land Use Plan (16, 222) in the Ellis Mountain Planning District from Mixed - Use - Office- Commercial to Commercial and Community Shopping; and for other matters. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: A change of the Land Use Plan in the Ellis Little Rock Board of Directors Meeting Minutes February 7, 2006 Mountain Planning District from Mixed - Use - Office- Commercial to Commercial and Community Shopping, northwest of the Bowman Road and Kanis Road intersection. 19. Ordinance 19,479 - Z- 6554 -D — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Bowman Kanis Retail Center Long - Form PCD located on the northwest corner of Kanis Road and Bowman Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of this 11.85 acre tract, currently zoned R -2, C -3, and C -3 to PCD to allow the construction of a shopping center. 20. Ordinance 19,480 - Z- 5800 -A — Approving a Planned Zoning Development and establishing a Planned Office District titled Bowman Business Park Revised Long -Form POD, located at 1515 South Bowman Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 11 ayes, 0 nays. Staff recommends approval. Synopsis: The applicant is proposing to revise a previously approved POD, to allow additional uses to be considered as allowable uses for the site. 21. Ordinance 19,481 - To dispense with the requirement of competitive bidding and authorize the City Manager to enter into a contract with Northrop Grumman Corporation for the upgrade of the current 9 -1 -1 Computer Aided Dispatch System; and for other purposes. Synopsis: The Police Department requests approval to award a contract to Northrop Grumman Corporation in the amount of approximately $425,394.00 to upgrade the 9 -1 -1, Computer Aided Dispatch System. PUBLIC HEARINGS Items: 22- 25 22. Public Hearing & Ordinance 19,482 - G -23 -357 — 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. Mayor Dailey opened the public hearing to Item 22. Since there were no speakers for or against this item, the public hearing was closed. 23. Public Hearing & Ordinance 19,483 - To dissolve Heatherbrae Property Owner's Improvement District No. 5 of Little Rock, Arkansas. Mayor Dailey opened the public hearing to Item 23. Since there were no speakers for or against this item, the public hearing was closed. 9 Little Rock Board of Directors Meeting Minutes February 7, 2006 Director Keck, seconded by Director Pugh, made a motion to suspend the rules and place the ordinances (Items 10 and 11, and Items 13 -23) 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 Pugh, 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 ordinances were read the third time. By unanimous voice vote of the Board members present, being two - thirds in number, Items 10 and 11 and Items 13 -23 were adopted. 24. Deferred Until March 7, 2006 - 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`d Reading. (1St reading was held on September 20, 2005) ( 2nd Reading was held on October 4, 2005). 25. Ordinance 19,484 - To amend Little Rock, Ark., Revised Code 2 -243 (1988) to recognize Development Fees Consultants as a Professional Service for the City of Little Rock, Arkansas, and for its various Boards and Commissions; and for other purposes. Synopsis: The ordinance adds development fees consultant services to the list of professional services. Staff recommends approval. Director Cazort, seconded by Director Keck, 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 Pugh, 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 25 was adopted. Director Kumpuris expressed concern about the ability for the City to handle a possible flu epidemic in the future. Mayor Dailey asked Director Kumpuris, Director Keck, and City Manager, Bruce Moore to develop an outline of a plan to address to this subject and bring it back to the Board at a later date. Director Kumpuris, seconded by Director Cazort, made a motion to adjourn. By unanimous voice vote of the Board members present, being two - thirds in number, the meeting was adjourned at 7:30 PM. PASSED: March 7, 2006 10 Little Rock Board of Directors Meeting Minutes February 7, 2006 ATTEST: ncy MC City Cler o APPROVED 11