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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. Minutes 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 2 Minutes 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. 3 Minutes Little Rock Board of Directors Meeting September 5, 2006 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 -- rd Minutes Little Rock Board of Directors Meeting September 5, 2006 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 61 Minutes Little Rock Board of Directors Meeting 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). no Minutes Little Rock Board of Directors Meeting September 5, 2006 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). 7 Minutes 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