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10-03-06Little Rock Board of Directors Meeting — Minutes — October 3, 2006 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham October 3, 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, Fortson, Vice Mayor Cazort, and Mayor Dailey. Director Adcock was absent at the time of roll called but enrolled at 6:02 PM. Directors Hinton and Kumpuris were absent. Director Wyrick gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. ADDITIONS: M -1. RESOLUTION 12,353 - To support entry into an agreement for a Mutual Aid for Ambulance Services with the City of Sherwood; and for other purposes. Staff recommends approval. Synopsis: Authorizes a Mutual Aid Agreement with the City of Sherwood for temporary provision of ambulance services. Vice Mayor Cazort, seconded by Director Keck, made a motion to accept the modifications to the agenda. By unanimous voice vote of the Board members present the modifications were approved. Director Hurst requested that Item 7 be held separately PRESENTATION: City Beautiful Landscape Awards (October 3, 2006) — Recipients listed below. Excellent Landscape Development — Little Rock Central High School Excellent Landscape Design — Hargraves Associates for the William Jefferson Clinton Presidential Center Excellent Landscape Maintenance — Plant Maintenance at St. Vincent's Infirmary Medical Center CONSENT AGENDA (Items 1 - 10) 1. MOTION - To approve Minutes of July 11, 2006, Board of Directors Meeting. 2. MOTION - Z -8066 — To set the date of public hearing for October 17, 2006, on an appeal of the Planning Commission's Action in approving a Conditional Use Permit to allow for construction of the Little Maumelle Wastewater Treatment Plant on the R -2 zoned property located seven hundred (700 ±) feet south of the intersection of East Pinnacle Road and Krone Road. Planning Commission: 7 ayes, 0 nays, 2 absent, 2 recusals. Staff recommends approval of the Conditional Use Permit. Synopsis: A record objector is appealing the Planning Commission's approval of a Conditional Use Permit to allow for construction of the Little Maumelle Wastewater Treatment Plant on the R -2 zoned property located seven hundred (700 ±) feet south of the intersection of East Pinnacle Road and Krone Road. Little Rock Board of Directors Meeting — Minutes — October 3, 2006 3. RESOLUTION 12,354 - To require the 2006 audit to be performed in accordance with the guidelines and format prescribed by the Governmental Accounting Standards Board, the - American Institute of Certified Public Accounts, and the United States Government Accountability Office. Staff recommends approval. Synopsis: The resolution requires that the 2006 audit be performed in accordance with the guidelines and format prescribed by the Governmental Accounting Standards Board, the American Institute of Certified Public Accounts, and the United States Government Accountability Office. 4. RESOLUTION 12,355 - To reimburse the Little Rock National Airport for infrastructure improvements; and for other purposes. Staff recommends approval. Synopsis: The City has obtained a grant from the Arkansas Department of Economic Development for Dassault Falcon Jet, Inc. to construct the new service center and storage building and for utility and infrastructure improvements. 5. RESOLUTION 12,356 - To authorize the Mayor and the City Clerk to grant a utility easement to Entergy Arkansas, Inc. for the purpose of installing electrical facilities over a portion of certain land owned by the City of Little Rock at the site of the Fleet Services Department Paint and Body Shop; and for other purposes. Staff recommends approval. Synopsis: In order to provide electricity to the Fleet Services Department Paint and Body Shop, located at the J. E. Davis Facility, it is necessary that a utility easement be granted to Entergy Arkansas, Inc. across land owned by the City of Little Rock. 6. RESOLUTION 12,357 - To adopt the 36th Street/Boyle Park Levee Operation and Maintenance Manual and identify the Public Works Department to have jurisdiction of the 36th Street /Boyle Park Levee. Staff recommends approval. Synopsis: A resolution to adopt the 36th Street/Boyle Park Levee Operation and Maintenance Manual (Fourche Bayou Basin) and to designate Public Works as the department having jurisdiction for operations and maintenance. 7. RESOLUTION 12,358 (Held Separate) - To authorize the Mayor to issue a letter of support to the Arkansas Development Finance Authority for the renovation of the Westgate Apartments, a 224 unit apartment complex located at 5001 West 65th Street, Little Rock, Arkansas; and for other purposes. Staff recommends approval. (Deferred from September 19, 2006) 8. RESOLUTION 12,359 - To authorize the City Manager to renew the property insurance coverage with the incumbent providers. Staff recommends approval. Synopsis: The incumbent providers (CNA and Travelers Indemnity) of property insurance have submitted renewal proposals at reduced premium rates from the 2005 policy. 9. RESOLUTION 12,360 - To authorize the City Manager to enter into a contract with MBF Industries for the purchase of one (1) mobile command center in the amount of $429,895.00. Staff recommends approval. Synopsis: Bid was awarded to the lowest responsible bidder meeting minimum specifications. The center will be utilized by Emergency Management to help organize the other city departments in case of an emergency. Funding will be from the 2005 Homeland Security Grant Program. 2 Little Rock Board of Directors Meeting — Minutes — October 3, 2006 10. RESOLUTION 12,361 - To authorize the City Manager to increase the public works Bond - Surfacing contract with Cranford Construction by two hundred thousand dollars ($200,000.00), to include the paving of Fleet Services Vehicle Storage Lot; and for other purposes. Staff recommends approval. The consent agenda was read without Item 7. 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 (Items 1 -4, 5 (as amended by the City Attorney), 6, 8 -10, and M -1) was adopted. 7. RESOLUTION 12,358 (Held Separate) - To authorize the Mayor to issue a letter of support to the Arkansas Development Finance Authority for the renovation of the Westgate Apartments, a 224 unit apartment complex located at 5001 West 65th Street, Little Rock, Arkansas; and for other purposes. Staff recommends approval. (Deferred from September 19, 2006) A representative of Henry Corporation was present to answer questions from the Board in regard to security concerns on the property in question. A motion was made by Director Adcock, seconded by Director Keck, to adopt the resolution (Item 7). By unanimous voice vote of the Board members present, being two - thirds in number, the resolution (Item 7) was adopted. CITIZENS COMMUNICATIONS Speaker: Rita Clark, founder of Clark Productions, Ltd. Topic: Gave an overview and update on the progress of Clark Productions and Children of the 21St Century. Speaker: Glen Schwarz, President of Arkansas NORML Topic: Introduced an ordinance to decriminalize marijuana in an effort to help with the Pulaski County Detention Center. Proposed Ordinance Whereas marUuana as a common intoxicant is generally accepted to be less dangerous than heroin, speed, cocaine, or even alcohol; Whereas marUuana is scientifically deemed not physically addictive and is socially not a contributor to violent or victim -type crimes; Whereas state prisons are overfilled, and have a substantial number of inmates incarcerated for maryuana crimes; The following ordinance for the City of Little Rock is proposed: The Little Rock Police Department shall place the enforcement of the maryuana laws at the lowest possible priority. Police and prosecutors in service to the people of Little Rock shall refrain from using simple possession of marijuana as the basis for enhanced or felony charges. The Mayor opened the public hearing for Item 15. There being no one to speak in opposition of the ordinance, the public hearing was closed and Item 15 was added to the grouped items. 3 Little Rock Board of Directors Meeting — Minutes — October 3, 2006 GROUPED ITEMS (11 —14) _ 11. ORDINANCE 19,603 - Z- 7605 -B — Approving a Planned Zoning Development and establishing a Planned Office District titled Chevaux Court Revised Short -Form POD located on the southeast corner of Cantrell Road and Chenoceau Boulevard, 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 applicant is proposing a revision to the previously approved POD to allow a revision to the previous lot layout and add a branch bank facility to the allowed uses. Individual office buildings will be developed on the five (5) remaining lots. 12. ORDINANCE 19,604 - LU06 -16 -03 — To amend the Land Use Plan (16,222) in the Otter Creek Planning District from Mixed Office Commercial to Commercial; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. (Deferred from September 1.9, 2006) Synopsis: Land Use Plan amendments in the Otter Creek Planning District at the southeast corner of Vimy Ridge Road and Alexander Road from Mixed Office Commercial to Commercial for future development. 13. ORDINANCE 19,605 - Z -8081 — To reclassify property located at 12321/12325 Alexander Road, from R -2 to C -3; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. (Deferred from September 19, 2006) Synopsis: The owner of the 1.93 acre property located at 12321/12325 Alexander Road (southeast corner of Alexander Road and Vimy Ridge Road) is requesting that the zoning be reclassified from R -2 to C -3. - OTHER BUSINESS 14. ORDINANCE 19,606 - To establish the Rate of Taxation of Property for the City of Little Rock for the year 2007 for various funds of the City of Little Rock, Arkansas; to declare an emergency; and for other purposes. Staff recommends approval. 15. PUBLIC HEARING & ORDINANCE 19,607 - To establish the Ridge Estates Little Rock Municipal Property Owner's Multi- Purpose Improvement District N0. 2006 -300. The grouped items were read the first time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock, seconded by Director Cazort, made a motion to suspend the rules and place the ordinances on third and final reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the third time. By unanimous voice vote of the Board members present, being two - thirds in number, Items 11 — 15 were adopted. An emergency clause was adopted for Item 14. SEPARATE ITEMS (15 —17) 15. PUBLIC HEARING & ORDINANCE 19,607 (Added to grouped items) - To establish the Ridge Estates Little Rock Municipal Property Owner's Multi - Purpose Improvement District N0.2006 -300. 11 Little Rock Board of Directors Meeting — Minutes — October 3, 2006 The Mayor opened the public hearing for Item 16; he gave five (5) minutes to each side in favor and opposition of these items. Tony Bozynski gave a brief presentation on both items 16 and 17 and answered questions from the Board. Tom Carpenter, City Attorney, also answered questions from the Board in regard to Items 16 and 17. 16. PUBLIC HEARING & ORDINANCE - LU- 06 -02 -01 — To amend the Land Use Plan (16,222) in the Rodney Parham Planning District from Single- Family to Suburban Office; and for other matters. Planning Commission: 0 ayes, 9 nays, 2 absent. Staff recommends denial. (I St reading held on September 19, 2006). Synopsis: A Land Use Plan amendment in the Rodney Parham Planning District from Single- Family to Suburban Office, located at the northwest corner of Markham Street and Santa Fe Trail. This item was referred back to the Planning Commission due to a change in the related Planned District. The Commission has returned the item with a recommendation of denial. Paul Atkins, applicant, spoke in favor of the development and answered questions from the Board. The major points of interest included access to the property, changes to the current structure, parking, and signage. Kathleen Olsen, Pulaski County League of Women Voters, spoke in opposition of the project. She asked the Board to vote against the project because she felt that it was an intrusion to the neighborhood and that the development did not have enough room for the required parking. 17. PUBLIC HEARING & ORDINANCE - Z -8006 — Approving a Planned Zoning Development and establishing a Planned Office District titled Atkins Short -Form PD -O, located at 100 Santa Fe Trail, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 2 ayes, 7 nays, 2 absent. Staff recommends denial. (1St Reading held on September 19, 2006). Synopsis: This item was returned to the Planning Commission for recommendation of a revised site plan by the Board of Directors on June 20, 2006. The applicant is proposing the rezoning of this site from R -2 to PD -O to allow the conversion of an existing single - family structure into an office use. The ordinances were 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 ordinances were read the third time. A roll call vote was taken on Item 16 and recorded as follows: Directors Pugh, Keck, Wyrick, Stewart, Hurst, Fortson, Adcock, Vice Mayor Cazort, and Mayor Dailey voted nay. Directors Hinton and Kumpuris were absent. With 9 ayes, the ordinance (Item 16) failed. A roll call vote was taken on Item 17 and recorded as follows: Directors Pugh, Hurst, and Mayor Dailey voted aye. Directors Keck, Wyrick, Stewart, Fortson, Adcock, and Vice Mayor Cazort voted nay. Directors Hinton and Kumpuris were absent. With 3 ayes, and 6 nays, the ` ordinance (Item 17) failed. 5 Little Rock Board of Directors Meeting— Minutes — October 3. 2006 Director Adcock thanked the City of Little Rock employees for participating in the "Race for the Cure." She also requested a proclamation for Domestic Violence Awareness Month. Director Keck, seconded by Director Adcock, made a motion to adjourn. By unanimous voice vote of the Board members present, being two - thirds in number, the meeting was adjourned at 7:01 PM. APPROVED: ATTEST: Na nc Wood, MC City Clerk Col APPROVED: Jim Hey Ma