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12-05-06Board of Directors Regular Meeting — December 5, 2006 - Minutes MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham December 5, 2006 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in a regular session with Vice Mayor Cazort presiding. Nataki S. Blocker, Assistant City Clerk, called the roll with the following directors present: Hinton, Hurst, Keck, Wyrick, Fortson, Adcock, and Vice Mayor Cazort. Director Stewart was absent at the time of roll called but enrolled at 6:15 PM. Director Kumpuris was absent at the time of roll call at enrolled at 7:05 PM. Director Pugh and Mayor Dailey were absent. Director Adcock gave the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS: National Merit Scholars (December 5, 2006) Vice Mayor Cazort asked the Board to consider the listed modifications. ADDITIONS: M -1. RESOLUTION 12,391 - To authorize the City Manager to sign Change Order Number Five (5) with Lawson Software for software, software implementation services, and annual support and maintenance; and for other purposes. Staff recommends approval. Synopsis: Authorizing the City Manager to sign Change Order Number Five (5) with Lawson Software for software and software implementation services and annual support in an amount not to exceed $1,957,780. M -2. RESOLUTION 12,392 - To authorize the Mayor and the City Clerk to execute a quitclaim deed needed to clear up the title and convey certain property, less and except the right - of -way, located along "N" Street in the City of Little Rock, Arkansas to William Whisnant; and for other purposes. Synopsis: The resolution authorizes the Mayor and Clerk to execute documents necessary to transfer certain property to William Whisnant. DEFERRAL: 12. ORDINANCE - Per applicant's request defer to next meeting (12- 19 -06) - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements for McHenry Place Preliminary Plat, Lawson Road west of Crystal Valley Road. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: Authorizes a deferral of street improvements required under the Master Street Plan for five (5) years, until the frontage property develops or until adjacent property is developed, whichever occurs first, for McHenry Place Preliminary Plat located on the north side of Lawson Road west of Crystal Valley Road. Board of Directors Regular Meeting — December 5, 2006 - Minutes Director Adcock, seconded by Director Hurst, made a motion to accept the modifications to the agenda. By unanimous voice vote of the Board members present the modifications were approved. Vice Mayor Cazort made a few notes to the agenda: The dates on Items 5 & 6 should be changed to 2007 and the date on Item 7 should be changed to December 19, 2006. Director Adcock, seconded by Director Hurst, made a motion to remove Item 9 from the Consent Agenda. By unanimous voice vote of the Board members present Item 9 was held separately. Consent Agenda (Items 1 -11) 1. MOTION - To approve minutes of the regular City of Little Rock Board of Directors Meeting: November 6, 2006. 2. RESOLUTION 12,393 - G -23 -368 - Setting the date of Public Hearing for December 19, 2006, on a request for abandonment of the north/south twelve (12) foot wide alley right -of -way (12 feet by 300 feet) located within Block 169, Original City of Little Rock, bounded by West 12th , West 13th, Center and Louisiana Streets, in the City of Little Rock; and for other purposes. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: An adjacent property owner requests to abandon the north /south twelve (12) foot wide alley right -of -way (12) feet by 300 feet) located within Block 169, Original City of Little Rock. The block is bounded by West 12th, West 13th, Center and Louisiana Streets. 3. RESOLUTION 12,394 - Setting the date of Public Hearing for January 2, 2007, on the Petition to vacate a plat and certain streets and alleys located in the Fairview Addition to the City of Little Rock, Arkansas. Staff recommends approval. 4. RESOLUTION 12,395 - Authorizing the City Manager to execute an agreement with H. James Engstrom & Associates, Inc. to provide structural engineering services for various City projects. Staff recommends approval. Synopsis: Authorizes the City Manager to execute a contract with H. James Engstrom & Associates, Inc. for an annual purchase order for on- call structural Engineering Services. Unless terminated, this agreement will automatically renew for two (2) additional terms of one (1) year each. 5. MOTION - Z -8091 - To set the date of public hearing for January 16, 2007, on an appeal of the Planning Commission's recommendation of denial for a rezoning of the site located on Norton Road, south of Cantrell Road, Little Rock, Arkansas, from R -2 to PD-0 to allow the construction of an infant daycare facility on the site. Planning Commission: 5 ayes, 4 nays, 2 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning of the site from R -2 to PD -O to allow the construction of an infant daycare facility on the site. 2 Board of Directors Regular Meeting — December 5, 2006 - Minutes 6. MOTION - Z -8118 - To set the date of public hearing for January 16, 2007, on an appeal of the Planning Commission's denial of a rezoning of the site located at 18220 Cantrell Road, Little Rock, Arkansas, from PCD and R -2, Single - Family to PCD to allow the development of the site with a strip retail center utilizing C -1 uses as allowable uses for the site. Planning Commission: 5 ayes, 4 nays, 2 absent. Staff recommends approval. Synopsis: The applicant is appealing the Planning Commission's denial of a rezoning of the site from PCD and R -2, Single - Family to PCD, to allow the development of the site with a strip retail center utilizing C -1 uses as allowable uses for the site. 7. MOTION - Z- 7603 -C - To set the date of public hearing for December 19, 2006, on an appeal of the Planning Commission's recommendation of denial for a rezoning of the site located at 14910 Cantrell Road, Little Rock, Arkansas, from R -2 to PCD, to allow the creation of a two (2) lot plat and development of the site with two (2) commercial buildings, utilizing selected C -3 uses as allowable uses. Planning Commission: 4 ayes, 4 nays, 3 absent. Staff recommends denial. The applicant is appealing the Planning Commission's recommendation of denial for a rezoning of the site from R -2 to PCD, to allow the creation of a two (2) lot plat and development of the site with two (2) commercial buildings, utilizing selected C -3 uses as allowable uses. 8. RESOLUTION 12,396 - Of support for "A Statement of Design and Programming Expectations for the Redevelopment of the University Mall, " presented by the Midtown Redevelopment Advisory Board No. 1, by the Jamieson Group, Inc.; a statement of encouragement for the development of an implementation methodology for these design and programming expectations; and for other purposes. Staff recommends approval. 9. RESOLUTION 12,397 - Authorizing the entry into an agreement to issue bonds for the purpose of assisting in the financing of industrial facilities within the City of Little Rock, Arkansas, to be leased to Arkansas Aerospace, Inc., a subsidiary of Raytheon Aircraft Company, pursuant to the authority of the laws of the State of Arkansas, including particularly Amendment 65 to the Arkansas Constitution and the municipalities and counties Industrial Development Revenue Bond Law. Staff recommends approval. 10. RESOLUTION 12,398 - To ratify the appointment nomination of Robert M. Hupp, to fill the unexpired term of William Vickery, to the Arts and Culture Commission. Staff recommends approval. 11. RESOLUTION 12,399 - Authorizing the execution of an Interlocal Agreement between the City of Little Rock, Arkansas and the City of Sherwood, Arkansas, granting the Little Rock Ambulance Authority ( "LRAA ") D /B /A Metropolitan Emergency Medical Services ( "MEMS ") an exclusive franchise to provide ambulance services to the City of Sherwood, Arkansas; and for other purposes. Staff recommends approval. Synopsis: Authorizes interlocal agreement with the City of Sherwood for provision of ambulance services. 3 Board of Directors Regular Meeting — December 5, 2006 - Minutes M -1. RESOLUTION 12,391 - To authorize the City Manager to sign Change Order Number Five (5) with Lawson Software for software, software implementation services, and annual support and maintenance; and for other purposes. Staff recommends approval. Synopsis: Authorizing the City Manager to sign Change Order Number Five (5) with Lawson Software for software and software implementation services and annual support in an amount not to exceed $1,957,780. M -2. RESOLUTION 12,392 - To authorize the Mayor and the City Clerk to execute a quitclaim deed needed to clear up the title and convey certain property, less and except the right - of -way, located along "N" Street in the City of Little Rock, Arkansas to William Whisnant; and for other purposes. Synopsis: The resolution authorizes the Mayor and Clerk to execute documents necessary to transfer certain property to William Whisnant. The consent agenda was read except for Item 9. A motion was made by Director Keck, seconded by Director Adcock, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda (Items 1 -8, 10 -11, M -1, and M -2) was adopted. 9. RESOLUTION 12,397 - Authorizing the entry into an agreement to issue bonds for the purpose of assisting in the financing of industrial facilities within the City of Little Rock, Arkansas, to be leased to Arkansas Aerospace, Inc., a subsidiary of Raytheon Aircraft Company, pursuant to the authority of the laws of the State of Arkansas, including particularly Amendment 65 to the Arkansas Constitution and the municipalities and counties Industrial Development Revenue Bond Law. Staff recommends approval. Jim Helmick, Raytheon Aircrafts, gave a presentation about the five -year expansion of the company's facilities at the Little Rock National Airport and the impact it will have on the workforce. A motion was made by Director Adcock, seconded by Director Hurst, to adopt the Item 9. By unanimous voice vote of the Board members present, being two - thirds in number, Item 9 was adopted. CITIZENS COMMUNICATIONS Speaker: George Irvin Topic: Expressed a desire to make a presentation on the War Memorial Golf Course to the Board of Directors when the issue comes before them. Speaker: Jim Nettles Topic: Asked the Board of Directors to request a clarification from the City Attorney regarding when a vote can be recalled. M Board of Directors Regular Meeting — December 5, 2006 - Minutes Speaker: Luke Skrable Topic: He stated that he had some issues in Environmental Court and that he felt like he was being ignored by the City and requested that his claims be investigated. Tom Carpenter, City Attorney, responded to Mr. Skrable's concerns. Speaker: Jane Harrison Topic: Requested that the Board of Directors do something for the Southwest Little Rock area of the City. Vice Mayor Cazort, opened the public hearing for Item 21. There being no speakers in favor or in opposition to the item, the public hearing was closed. 21. PUBLIC HEARING & ORDINANCE 19,656 - To abandon a portion of an unimproved twenty (20) foot alley located within Block 1, Bellevue Addition, including the utility and drainage easements, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is requesting the exclusive abandonment of a portion of an unimproved twenty (20) foot alley located within Block 1, Bellevue Addition, including the abandonment of utility and drainage easements. The grouped items, including Item 21 were read the first time. GROUPED ITEMS: 12 —19 12. ORDINANCE - Deferred to Next Meeting - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements for McHenry Place Preliminary Plat, Lawson Road west of Crystal Valley Road. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: Authorizes a deferral of street improvements required under the Master Street Plan for five (5) years, until the frontage property develops or until adjacent property is developed, whichever occurs first, for McHenry Place Preliminary Plat located on the north side of Lawson Road west of Crystal Valley Road. 13. ORDINANCE 19,649 - Z -8115 — Approving a Planned Zoning Development and establishing a Planned Residential District titled 1414 -1422 South Rock Street, Little Rock, Arkansas; 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. Synopsis: The developer is proposing a rezoning of the site from R -4 to PD -R to allow the construction of five (5), two (2) story adjoining town homes containing 1,300 square feet with detached garages, interior courtyard and space for outdoor living. 5 Board of Directors Regular Meeting — December 5, 2006 - Minutes 14. ORDINANCE 19,650 - Z -8123 - Reclassifying property located at 12819 Kanis Road from R -2 to 0-3; 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 owner of the 1.00 acre tract located at 12819 Kanis Road is requesting that the zoning be reclassified from R -2 to 0-3. 15. ORDINANCE 19,651 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a reduction of certain Master Street Plan Requirements for Cantrell Road and Mississippi Avenue. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: Authorizing a reduction of right -of -way dedication required under the Master Street Plan along Cantrell Road and Mississippi Avenue for the Springfield Holdings Addition Replat located at the southwest corner of Cantrell Road and Mississippi Avenue. 16. ORDINANCE 19,652 - Providing for the issuance of Airport Revenue Bonds for the purpose of financing the costs of acquiring real property for expansion of. the Airport and constructing additions to existing ramps, taxiways, and other related improvements; providing for the payment of the principal and interest on the bonds; authorizing the execution and delivery of two (2) supplemental trust indentures; and prescribing other matters relating thereto; and declaring an emergency. Staff recommends approval. 17. ORDINANCE 19,653 - Amending Chapter 8 of the 1988 Little Rock Code of Ordinances, providing for the adoption by reference of the 2006 International Property Maintenance Code and 2006 Revisions; and for other purposes. Staff recommends approval. Synopsis: Currently, the City of Little Rock does not have an adopted code to address code violations with regard to existing commercial buildings. Adoption of this code will address this enforcement need. 18. ORDINANCE 19,654 - To amend Little Rock, Arkansas Revised Code (1988), Chapter 3, Article 11, Section 3 -20, to exempt certain hospital facilities from false alarms; and for other purposes. Staff recommends approval. Synopsis: The ordinance amends the false alarm ordinance adopted in 2005 to exempt certain hospital facilities from the false alarm ordinance. 19. ORDINANCE 19,655 - To amend Chapter 17, Article II of the Little Rock Code, 1988, to amend the language for consistency, to provide for an administrative fee of $25.00 for installment payments; declaring an emergency; and for other purposes. Staff recommends approval. Synopsis: The proposed business license ordinance shortens the past due penalty schedule from thirty (30), sixty (60), and ninety (90) days. Penalties associated with delinquency shall apply to the total outstanding balance and not just the amount due for that current year. An administrative charge of $25 is assessed for businesses who request to pay in installments. me Board of Directors Regular Meeting — December 5, 2006 - Minutes a 21. PUBLIC HEARING & ORDINANCE 19,656 - To abandon a portion of an unimproved twenty (20) foot alley located within Block 1, Bellevue Addition, including the utility and drainage easements, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staffrecommends approval. Synopsis: The applicant is requesting the exclusive abandonment of a portion of an unimproved twenty (20) foot alley located within Block 1, Bellevue Addition, including the abandonment of utility and drainage easements. Director Adcock, seconded by Director Hurst, 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 Keck, 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 13 —19 were adopted. An emergency clause was adopted for Items 16 and 19. SEPARATE ITEMS: 20 — 22 20. ORDINANCE 19,648 - Z- 3419 -C — Approving a Planned Zoning Development and establishing a Planned Commercial District titled A Cut Above Short -Form PCD, located at 302 North Shackleford Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 3 ayes, 7 nays, I absent. Staff recommends denial. (1St and 2nd readings were held on November 6, 2006). 3rd READING. (Deferred from November 21, 2006). Synopsis: The applicant is appealing the Planning Commission's recommendation of deniable uses of the site. The request includes the allowance of a salon and an eating establishment as allowable uses. Tony Bozynski, Planning Director, and Steve Haralson, Public Works Director, gave a brief presentation on the issues related to Item 20, which mostly included problems with traffic circulation, and answered questions from the Board. Lynda Bower (applicant) and Angela Bielanin (owner) were present to speak in favor of the development. Ken Cates (President of the Beverly Hills Neighborhood Association) and Ruth Bell (League of Women Voters), were present to speak in opposition of the development. The ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors Hinton, Keck, Stewart, Wyrick, Kumpuris, Fortson, Adcock, and Vice Mayor Cazort, voted yes. Director Hurst voted no. Director Pugh and Mayor Dailey were absent. The ordinance (Item 20) was passed. 7 Board of Directors Regular Meeting — December 5, 2006 - Minutes PUBLIC HEARING 21. PUBLIC HEARING & ORDINANCE 19,656 - To abandon a portion of an unimproved twenty (20) foot alley located within Block 1, Bellevue Addition, including the utility and drainage easements, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is requesting the exclusive abandonment of a portion of an unimproved twenty (20) foot alley located within Block 1, Bellevue Addition, including the abandonment of utility and drainage easements. 22. REPORT - 2007 Budget Update (December 5, 2006) — Bruce Moore, City Manager 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 7:56 PM. ATTEST: Na cy Wo , MC City Clerk APPROVED: Mark Stodola Mayor