09-05-06Minutes
Little Rock Board of Directors Meeting
September 5, 2006
MINUTES
— BOARD OF DIRECTORS MEETING
City Hall — 500 W. Markham
September 5, 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, Stewart, Wyrick, Cazort, Hurst, Hinton, Adcock, Kumpuris, Vice Mayor Graves,
and Mayor Dailey. Director Pugh gave the invocation, which was followed by the Pledge of
Allegiance.
Presentation: Hot Rod Power Tour
Mayor Dailey asked the Board to consider the listed modifications.
Deferral:
M -1. MOTION — To approve minutes of the regular Board of Directors Meeting of
September 5, 2006. Director Adcock, seconded by Director Cazort made the motion to defer
Item M -1 to September 19, 2006. Mayor Dailey announced that he did not have any speaker
cards in favor or opposed on Item 21 and if there was no one that objected, he would open and
close the public hearing on the item and add it to the consent items. There was no objection.
Mr. Bruce Moore, City Manager asked the Board to consider adding a resolution regarding
shuttle routes for Little Rock Tours which had previously been discussed at the August 15, 2006,
Board of Directors Meeting. He stated that all issues had been resolved and the resolution was
ready to be acted upon. Copies of the resolution were distributed to the Board members.
Director Cazort seconded by Director Hinton made the motion to add Item 21 to the Consent
Agenda, and to add the resolution regarding shuttle routes, to the Consent Agenda. By
unanimous voice vote of the Board members present, the listed items were deferred and added to
the Agenda.
The Consent Agenda consisted of Items 2 -8, Item 21, and a resolution to approve the
proposed shuttle routes.
1. MOTION - To approve minutes of the regular Board of Directors Meeting of July 11, 2006.
The item was deferred to September 19, 2006.
2. RESOLUTION NO. 12,335 - Authorizing the City Manager to amend the assignment and
assumption agreement (Antenna Leases) and to accept the transfer of Reservoir Park Property
from Central Arkansas Water. Staff recommends approval.
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Little Rock Board of Directors Meeting
September 5, 2006
3. RESOLUTION NO. 12,336 - 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;
and for other purposes. Staff recommends approval.
Synopsis: The resolution permits the City Manager to enter into a 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, 2006, with option to renew one time for an additional one (1) year term.
4. RESOLUTION NO. 12,337 - Awarding a contract to AMR Construction, L.L.C. for
sidewalk construction at Forest Heights Elementary School. Staff recommends approval. 2004 Bond
Project.
Synopsis: Authorizes the City Manager to execute an agreement with AMR Construction, L.L.C., for Forest
Heights Elementary Sidewalk Project, sidewalk installation improvements, Bid No. 06 -263.
5. RESOLUTION NO. 12,338 - Authorizes the City Manager to execute an agreement with
Harris Construction Management for Western Hills Elementary Sidewalk Project, sidewalk
installation improvements, Bid No. 06 -264. Staff recommends approval. 2004 Bond Project.
Synopsis: Authorizes the City Manager to execute an agreement with Harris Construction Management for
Western Hills Elementary Sidewalk Project, sidewalk installation improvements, Bid No. 06 -2264.
6. RESOLUTION NO. 12,339 - For an Action Plan for a bicycle friendly community. Staff
recommends approval.
7. RESOLUTION NO. 12,340 - To authorize the lease of certain real property located in the
Slackwater Harbor Area of the Little Rock Port Authority Industrial Park; authorizing the
Executive Director of the Little Rock Port Authority to execute appropriate documents for 5.8
acres of land known as Area 300, Tract E; and for other purposes. Staff recommends approval.
Synopsis: The resolution will permit the lease of certain Slackwater Harbor Port Industrial Park property to
Green Way Bio Energy, L.L.C. for $27,550 per year. The lease agreement allows for a five (5) year lease with
four (4) additional, five (5) year, option periods.
8. RESOLUTION NO. 12,341 - In support of American Trails, one of the nations foremost
trails organizations, to select Little Rock, Arkansas, as the host city for its 2008 National Trails
Symposium. Staff recommends approval.
Mayor Dailey read the following Proclamation:
PROCLAMATION
Know Ye All People By These Presents Greetings:
Whereas, the Little Rock Parks and Recreation Commission recognizes the importance of
developing an interconnected network of trails in Central Arkansas to improve health and
wellness, conservation, and economic development, and, Whereas, the cities of Little Rock and
North Little Rock and Pulaski County have been recognized for their diligence in creating a
nationally recognized trail system; and Whereas, the City of Little Rock represented by the Little
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Little Rock Board of Directors Meeting
September 5, 2006
Rock Convention and Visistors Bureau and other state, county, and local representatives has
been chosen as one of the two finalists to host the 2008 National Trails Symposium; and
Whereas, the successful selection of Little Rock as the 2008 host of the National Trails
Symposium will result in improved trail awareness, increased tourism, and national recognition
of the Arkansas River Trail and Central Arkansas trail systems. Now Therefore, I, Jim Dailey,
Mayor of the City of Little Rock, Arkansas, do hereby proclaim September 5, 2006 "American
Trails Day" in the City of Little Rock. In Witness Thereof, I hereunto set my hand and caused
the seal of the City of Little Rock to be affixed on this Sth day of September, in the year of our
Lord, 2006, (Signed) Jim Dailey, Mayor.
RESOLUTION NO. 12,344 — To approve the proposed shuttle routes, map and schedule for
Little Rock Tours D /B /A Little Rock Tours Express as required by the Little Rock Transportation
Code; and for other purposes. (The resolution was added at the meeting. See comments
above.)
The Consent Agenda (Items 2 -8, Item 21 and the resolution to approve shuttle routes for Little
Rock Tours) were read. 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, the
Consent Agenda was adopted.
CITIZENS COMMUNICATIONS:
Speaker: Mr. Glen Swartz
Topic: Jail Tax and Voter Registration process for convicted felons.
The Grouped items included Items 9, 10, 11, 14, 15 and Items 18 and 19. Mayor Dailey
announced that no speaker cards had been turned in either in favor or opposed to Items 18 and
19, and if the Board did not object, he would open and close the public hearings, and then add the
items to the list of grouped items. Mayor Dailey asked if there was anyone present who wished
to speak on either item. There was no one present. The Board had no objection to adding the
items to the list of Grouped Items. Mayor Dailey announced that he did have speaker cards
turned in for people to speak on Items 12 and 13, and that those would need to be pulled from the
Grouped Items and heard separately.
9. ORDINANCE NO. 19,590 - MSP -06 -03 — To amend the Master Street Plan (19152), to add
a design specification table to the Master Street Plan text; and for other matters. Planning
Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: A Master Street Plan
Amendment to add a Design Specification table to Section 3: Design Standards of the Master Street Plan
text.
10. ORDINANCE NO. 19,591 - Z- 5654 -C — Approving a Planned Zoning Development and
Establishing a Planned Commercial District titled South Square Revised Long -Form PCD,
located at 11725 Chenal Parkway, Little Rock, Arkansas, amending the Official Zoning Map of
the City of Little Rock; and for other purpose. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff
recommends approval. Synopsis: The applicant is proposing a revision to a previously approved PCD to
allow the placement of signage along the eastern fagade of the building, fronting Chenal Parkway.
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11. ORDINANCE NO. 19,592 - Z-7839 — Repealing Ordinance No. 19,344 and revoking a
Planned Zoning District titled Summit Heights Short-Form PD -R Revocation (Z- 7839), located
on North Summit Street, south of Cantrell Road, in the City of Little Rock, Arkansas; and for
Other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The
applicant is requesting the existing PD -R zoning be revoked and the property revert to its original R -3,
Single - family District zoning.
12. ORDINANCE NO. 19,593 - Z- 7722 -A - Approving a Planned Zoning Development and
establishing a Planned Residential District titled Lagniappe Revised Short —Form PD -R, Lots
1 -4, located on the northwest corner of Walnut and I Streets, Little Rock, Arkansas, amending
the Official Zoning Map of the City of Little Rock, and for other purposes. Planning Commission:
8 ayes, 1 nay, 2 absent. Staff recommends approval. Synopsis: The applicant is proposing an amendment to the
previously approved PD -R for Lots 1 -4 of Lagniappe Addition to allow an increase in lot coverage for Lots 1
and 2, limit building height and reduced side yard building setbacks. The ordinance was read the first
time. Mr. Bozynski, Planning Director gave an overview of the development. Ms. Ruth Bell,
Pulaski County League of Women Voters, stated she was opposed to the development stating
that the League of Women Voters did not support this request, saying the developers knew the
rules and chose not to abide by them, and a message should be sent to the development
community, that it seemed to be a trend that they would do what they wanted and then come to
the Board to ask forgiveness after the fact. Ms. Bell stated that the original approval was worked
on and agreed upon by the neighborhood, the developers, the Planning Commission and the
Board of Directors, and that the developers had not honored the commitments they made. Mr.
Scott Smith, President of the Hillcrest Resident's Association, stated they had worked with the
developer and had voted to support the development by a very narrow vote, with the conditions
outlined in the ordinance. Director Cazort made a motion seconded by Director Pugh 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 Cazort, seconded by Director Adcock 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.
13. ORDINANCE NO. 19,594 - Z- 7783 -C- Approving a Planned Zoning Development and
establishing a Planned Office District titled Miracle Development Revised Short -Form POD,
located at 14929 Cantrell Road, Little Rock, Arkansas, amending the Official Zoning Map of
the City of Little Rock; and for other purposes. Planning Commission: 8 ayes, I nay, 2 absent. Staff
recommends approval. Synopsis: The applicant is proposing the revision to a previously approved POD to
allow the redevelopment of the site with a two (2) lot plat with one (1) lot containing a 6,600 square foot office
building and the second lot a Montessori School utilizing the existing structures.
The ordinance was read the first time. Mr. Bozynski, Planning Director, and Mr. Steve Haralson
gave overviews of the proposed development, addressing drainage /flooding concerns of the
Westchester Neighborhood, saying that the problem was due to undersized pipes that were put in
when the subdivision was developed, and that a study had been done and the problem was an
undersized pipe and the location of the outlet in Taylor Loop Creek. Staff stated that --
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maintenance to the creek was also performed which did reduce restriction in the creek and that
Westchester was built in the floodplain and all the homes were constructed on fill. Staff stated
that flooding would continue whether or not this development was project was completed. Mr.
Bob Altoff, 43 Westchester, asked the Board to disallow the development due to the current
flooding conditions of the neighborhood, saying that it would put further strain on the undersized
pipes. He showed slides of the severity of the flooding that occurs during heavy rains and flash
flooding. Director Adcock, seconded by Director Hurst, made the 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 made the motion, seconded by Director Hinton to 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 ordinance was read the third time. A roll call
vote was taken and recorded as follows: Director Pugh, yes, Director Keck, no, Director
Wyrick, yes, Director Stewart, yes, Director Hurst yes, Director Hinton no, Director Adcock, no,
Director Kumpuris yes, Vice Mayor Graves, yes, Mayor Dailey yes, Director Cazort was absent
at the time vote was cast. The vote was 7 yes, 3 no, 1 absent. The ordinance passed.
14. ORDINANCE NO. 19,595 - S -1530 — An ordinance 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 the development of a lot without public street
frontage for the Arkansas Realtors Association Preliminary Plat, located on Executive Center
Drive, west of Centerview Drive. Planning Commission: 8 ayes, 0 nays, 2 absent, 1 recusal. Staff
recommends approval. Synopsis: The applicant is proposing a revision to a previously approved preliminary
plat to allow the subdivision of the area into two (2) lots. One (1) lot will require a variance from the
Subdivision Ordinance to allow the creation of a lot without public street frontage.
15. ORDINANCE NO. 19,596 — Amending Ordinance 19,345, which established The
Promenade Municipal Property Owners Multi- purpose Improvement District No. 10 of
Little Rock, Arkansas; amending the description of the real property within the boundaries of the
district; declaring an emergency; and for other purposes.
The Grouped Items (consisting of Items 9,10,11, 14; 15, 18, and 19 were read the first time.
Director Adcock, seconded by Director Keck made the 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 Cazort 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 and final
time. By unanimous voice vote of the Board members present, being two - thirds in number the
ordinances and emergency clause were passed.
16. RESOLUTION NO. 12,342 - To state the intent of the Board of Directors to use for public
safety purposes, monies not spent on jail services pursuant to the February 15, 1990, Interlocal
Agreement, as amended, because of passage of the county wide one - quarter percent (1/4) Gross
Receipts and Compensating Use Tax for jail and PIT services; and for other purposes. The
resolution was read. A motion was made by Director Cazort, seconded by Director Pugh to
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September 5, 2006
adopt the resolution. By unanimous voice vote of the Board members present, the resolution was
adopted.
Notation: Director Adcock asked for the discussion regarding public safety to be included in the
minutes of the September 5'2006 Board of Directors Meeting.
During the Board of Directors Agenda Meeting on August 31, 2006, there was discussion
regarding the defining of public safety. It was resolved that public safety support services can
include, but are not limited to such uses as programs to deal with abandoned and vacant houses,
drug houses, nuisance structures, support programs in other City departments which assist
police and fire in the fulfillment of their functions, advanced life support or basic life support
ambulance services, and any other such services which will have an impact upon the comfort
and safety for citizens or visitors to the City. Mr. Carpenter, City Attorney, was asked by the
Board to craft the ordinance to include this understanding.
PUBLIC HEARINGS (17 — 21)
17. PUBLIC HEARING - Ordinance will come before the Board on October 3, 2006
On the issuance of, in an amount not to exceed $29,500,000 for the purpose of financing the
costs of acquiring real property for current and future airport expansion and design and
construction of ramps, taxiways, and related airport improvements at Little Rock National
Airport, and for other purposes. Staff recommends approval. Mayor Dailey opened the public
hearing Mr. Bill Spivey, Bond Counsel, gave a brief overview of the bond issuance. Mr.
Spivey stated that there was still some financing issues to work out, but hoped to have the
ordinance ready by the first Little Rock Board of Directors Meeting in October. There were no
other speakers present. Mayor Dailey closed the public hearing.
18. PUBLIC HEARING AND ORDINANCE NO. 19,597 - G-23 -361— To abandon an alley
right of way located within Block 102, Original City, of Little Rock, Arkansas. Planning
Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: The adjacent property owner
requests the abandonment of the alley right -of -way located within Block 102, Original City of Little Rock
(blocks bordered by West Second Street, West Third Street, Broadway Street and Spring Street).
19. PUBLIC HEARING & ORDINANCE NO. 19,598 - G -23 -362 — To abandon a portion of
Marshall Street, located between West Eighth Street and West Tenth Streets, and a portion of
Maryland Avenue (60 feet by 300 feet), located between Marshall and Bishop Streets, in the
City of Little Rock, as a public right -of -way; and for other purposes. Planning Commission: 9 ayes, 0
nays, 2 absent. Staffrecommends approval. Synopsis: The adjacent property owner requests to abandon a
portion of Marshall Street located between West Eighth and West Tenth Streets and a portion of Maryland
Avenue sixty (60) feet by three hundred (300) feet, located between Marshall and Bishop Streets.
Mayor Dailey opened and closed the public hearings for Items 18 and 19. There were no
speakers in favor or opposed to the items. The items were read and voted upon as part of the
Grouped Items. (See above).
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20. PUBLIC HEARING & ORDINANCE - Z- 6881 -C — To appeal the Planning
Commission's denial of a rezoning request for a Planned Commercial Development titled
McKinstry- Threet Revised Short -form PCD located on the northwest corner of Cantrell
Road and Highland Drive, to allow the placement of signage without public street frontage.
Planning Commission: 5 ayes, 5 nays, I absent. Staff recommends denial. Synopsis: The applicant is appealing
the Planning Commission's recommendation of denial for a revision to a previously approved PCD to allow
the placement of wall signage without public street frontage. The ordinance was read the first time: An
Ordinance approving a Planned Zoning Development and establishing a Planned Commercial
District titled McKinstry- Threet Revised Short Form PCD located on the northwest corner of
Cantrell Road and Highland Drive, Little Rock, Arkansas, amending the Official Zoning _Map of
the City of Little Rock; and for other purposes. Mayor Dailey opened the public hearing. Mr.
Tony Bozynski, Planning Director gave an overview of the item saying that the New Balance
store was opened in a new retail portion of the development located at 13,900 Cantrell Road on
Lot 2. The store was requesting a revision to the current PCD zoning to allow signage on the
west fagade of the building, the sign occupies 24.3 square feet of wall space and the west fagade
does not have direct street frontage, sign had been placed on the western fagade without a permit,
and the site is currently under enforcement. The applicant was granted a permit for the
placement of wall signage along the front fagade and the eastern fagade of the building which
have public street frontage. Mr. Bozynski stated that a notice was issued, and the applicant
chose to request a revision to the current PCD zoning in -lieu of removing the sign. Mr.
Bozynski stated staff was not supportive of allowance of signage without public street frontage.
Mr. David Hamilton with Seiz Sign Company was present to speak in favor of the appeal. He
stated that the sign crew had placed the sign in the wrong location; not checking with the office
to make sure the placement was correct, and they were asking for rezoning to allow the sign in
this location. Ms. Ruth Bell, Pulaski County League of Women Voters spoke in opposition of
allow the placement of the sign without public street frontage, that the sign ordinance was passed
to help keep the placement and size of signs under control, and that she did not see a need so
great that this signage needed to be allowed, and asked the Board to not approve the request.
Mayor Dailey closed the public hearing. Director Adcock, seconded by Vice Mayor Graves
made the 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 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. A roll call vote was taken and recorded as follows:
Director Pugh, yes, Director Keck, yes, Director Stewart, no, Director Hurst, no, Director
Hinton, no, Director Adcock, no, Director Kumpuris, no, Vice Mayor Graves, no, Mayor Dailey
no, Director Cazort was absent at the time of vote. The vote was 3 yes, 7 no. The ordinance
failed.
21. PUBLIC HEARING & RESOLUTION NO. 12,343 - To approve projected uses of 2007,
CDBG, HOME, and ADDI funds for inclusion in the City's Annual Plan; and for other
purposes. Staff recommends approval. Synopsis: As a regulatory requirement, a public hearing must
be conducted on the proposed uses of 2007 CDBG, HOME, and ADDI funding, which the City expects to
receive from the Department of Housing and Urban Development. The ordinance was read with the
Consent Agenda. (See consent Agenda information).
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Little Rock Board of Directors Meeting
September 5, 2006
A motion was made by Director Keck, seconded by Director Hurst to adjourn the meeting. By
unanimous voice vote of the Board members present, the meeting adjourned at 7:35 PM.
Nan y Wood, C
City Clerk
AnI#ailey
Mayor