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HomeMy WebLinkAbout07-31-06Little Rock Board of Directors Meeting— Minutes - July 31, 2006 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham July 31, 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, Wyrick, Stewart, Hurst, Cazort, Hinton, Adcock, and Mayor Dailey. Director Kumpuris was absent at roll call, but enrolled at 6:04 PM. Vice Mayor Graves was absent. Director Keck gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. MODIFICATIONS 11. PUBLIC HEARING & RESOLUTION - Appeal was withdrawn on July 28, 2006 - Z- 8045 — To rescind the Little Rock Planning Commission's action in approving a Conditional Use Permit to allow Little Rock Wastewater Utility peak flow attenuation facilities consisting of a pump station on the property located north of Coleman Creek, east of Mabelvale Road, south of West 34th Street and west of Anna Street; and basins on the property located south of Fourche Creek, east of Patterson Road, north of Hoerner Road and west of Scott Hamilton Drive. Planning Commission: 7 ayes, 0 nays, 4 absent. Staff recommends approval of the Conditional Use Permit; denial of the resolution. Synopsis: A record objector is appealing the Planning Commission's action in approving a Conditional Use Permit to allow Little Rock Wastewater Utility to construct peak flow attenuation facilities. 17. PUBLIC HEARING & ORDINANCE - Applicant failed to perfect their appeal; notices were not sent. - Z -8008 — To approve a Planned Zoning Development and establishing a Planned Commercial District titled Keyes Short-Form PCD, located north of Lawson Road and west of Devall Road, Pulaski County, in the City of Little Rock, Arkansas' Extraterritorial Planning Jurisdiction; amending the official zoning map of the City of Little Rock; and for other purposes. Planning Commission: 5 ayes, 6 nays, 0 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request to rezone this site from R -2 to PCD zoning to allow a contractor's office and storage yard to locate on the site. Director Keck made the motion, seconded by Director Cazort, to accept the modifications to the agenda. By unanimous voice vote of the Board members present being two - thirds in number, the modifications were approved. Director Adcock made the motion, seconded by Director Cazort, to move Items 18 and 19 top after the Consent Agenda. By unanimous voice vote of the Board members present the modifications were approved. Before the reading of the consent agenda the Mayor made an announcement about National Night Out, which will be held all over the city on August 1, 2006. Mayor Dailey encouraged citizens to visit the City website to find out where all of the activities are located. 1 Little Rock Board of Directors Meeting — Minutes - July 31, 2006 CONSENT AGENDA (Items 1 - 7) 1. MOTION - To approve minutes for the regular Board of Directors Meeting: June 20, 2006. 2. MOTION - LU06 -02 -02 — To set the date of public hearing for August 15, 2006, to appeal the Planning Commission's denial on an application to amend the Land Use Plan (16,222) in the Rodney Parham District from Single- Family to Suburban Office; and for other purposes. Planning Commission: 0 ayes, 9 nays, 0 absent. Staff recommends denial. Synopsis: A Land Use Plan Amendment in the Rodney Parham Planning District at the southeast corner of Markham Street and Donna Drive from Single - Family to Suburban Office. 3. MOTION - Z- 7954 -A — To set the date of public hearing for August 15, 2006, to appeal the Planning Commission's denial on an application approving a Planned Zoning Development and establishing a Planned Office District titled Markham Street Short -Form POD; located on the southeast corner of West Markham Street and Donna Drive, Little Rock, Arkansas; amending the official zoning map of the City of Little Rock; and for other purposes. Planning Commission: 4 ayes, 5 nays, 2 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request for this site from R -2 to POD to allow the development of the site with a single office building. 4. RESOLUTION 12,319 - To authorize the City Manager to make application to the Arkansas Department of Parks and Tourism for financial assistance to develop zoo facilities; and for other purposes. Synopsis: This resolution authorizes the City Manager to make application for an Outdoor Recreation Grant from the Arkansas Dept. of Parks & Tourism. The grant is for construction of an African Penguin Colony Exhibit. -- 5. RESOLUTION 12,320 - To authorize the City Manager to sign change order number one (1) to the Schafer Consulting Inc. Agreement for software and hardware consulting services; and for other purposes. Staff recommends approval. Synopsis: Authorizing the City Manager to sign change order number one (1) to the Schafer Consulting, Inc. agreement for software and hardware consulting services. 6. RESOLUTION 12,321 - To award a contract to Township Builders, Inc. for Mabelvale Cutoff (Chicot Road to Fairwood Road) AHTD Job No. 060969 (LR)(S) F.A.P. STPU- 9253(32) Construction Project. Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with Township Builders, Inc. for improvements Mabelvale Cutoff (Chicot Road to Fairwood Road) AHTD Job No. 060969, Bid No.06 -237. 7. RESOLUTION 12,322 - To authorize the City Manager to enter into a contract to purchase the telephone system and telephone switching service for the new Fire Department Training Academy; and for other purposes. (2004 Bond Project) Staff recommends approval. Synopsis: The Little Rock Fire Department is requesting approval to authorize the City Manager to purchase the telephone system and telephone switching service for the new Fire Department Training Academy located at 7000 Murray Street. The requested service will be provided to the City under the existing telephone service contract with the State of Arkansas. This will insure these services for the academy are consistent and compatible with the City -wide telephone system that is being provided by the American Telephone and Telegraph, Inc. 2 Little Rock Board of Directors Meeting — Minutes - July 31, 2006 A motion was made by Director Adcock, seconded by Director Cazort, to adopt the Consent Agenda (Items 1 — 7). By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted. End of Consent Agenda There was a special birthday presentation made on behalf of the Mayor. 18. DISCUSSION - Pulaski County Regional Detention Center (July 31, 2006) — Moved to after the Consent Agenda. Scott Miller, Jail Taskforce, gave a report on the Pulaski County Jail Taskforce recommendations and entertained questions from the Board. Judge F.G. "Buddy" Villines, Pulaski County Judge also answered questions from the Board. Issues that were raised during the discussion were the cost of health care, budget appropriations, jail size, and acceptance of prisoners. Debra Buckner, Pulaski County Collector, gave a report entitled Pulaski County Entity Overview. The report reviewed the Pulaski County budget and how Little Rock tax dollars are appropriated. The Mayor announced that the City Attorney would have a ordinance for the Board to entertain at the next meeting regarding the City of Little Rock's position on the County's efforts to fund the operation of the jail and to state what the City planned to do with the dollars that would be diverted from the jail back to the City. A motion was made by Director Kumpuris, seconded by Director Cazort, to add this item to the next agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinance was added to the agenda. The ordinance was read and held on first reading until the next meeting. 19. DISCUSSION - Martin Luther King Heritage Center (July 31, 2006) - Moved to after the Consent Agenda. The Mayor announced that there were many citizens present to speak on this item, but they have agreed to let Attorney Morris Thompson be their spokesperson. Those present, but not speaking, included: Melverue Abraham, Jan Brown, Rose Collins, Sonya DuRonslet, Jimmie Garrett, Theodore Garrett, Arlithe Guerry, Bobbie C. Harris, Susie Hood, Kwendeche, Helen Lewis, Odella Lucas, Dr. Patricia McGraw, Euneda Otis, Jeff Parker, Georgia Ray, Allan Studensky, Marie Terry, Dorothy Turner, Lillie M. Vinson, Naomi G. Young. Tom Carpenter, City Attorney, reported that the lease for the Martin Luther King Heritage Center had expired. In regard to the Freedom of Information request regarding financial records, it was discovered that no CDBG funds from the City were involved at the present time. The second question was in regard to the election of new officers in May of 2006. It was discovered that according to the current operating by -laws the next election is not until 2008 and the most recent action is not valid. The policy question for the Board is whether or not to renew the lease. 3 Little Rock Board of Directors Meeting — Minutes - July 31, 2006 Attorney Morris Thompson, gave a follow -up report concurring with the City Attorney and answered questions from the Board. Questions were raised about membership of the Heritage Center in relation to the Neighborhood Association, the lease for the building, meeting dates, City funding for the center, and by -laws of the organization. The public hearing on Items 13 was opened. There being no citizen present to speak in favor or opposition of the ordinance the hearing was closed. This item was added to the grouped items. 13. PUBLIC HEARING & ORDINANCE 19,571 - G -23 -365 — To abandon a public right - of -way, located in Blocks 13 and 14 Hicks Interurban Addition. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is requesting a portion of West 16`h Street located in Blocks 13 and 14 Hicks Interurban Addition be abandoned as public right -of -way but be retained as a utility and drainage easement. The public hearing on Items 14 was opened. There being no citizen present to speak in favor or opposition of the ordinance the hearing was closed. This item was added to the grouped items. 14. PUBLIC HEARING & ORDINANCE 19,572 - G -23 -363 — To abandon a public right- of -way, located in Block 16 Hicks Interurban Addition. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is requesting a portion of alley located in Block 16 Hicks Interurban Addition be abandoned as public right -of -way including the abandonment of the area as a utility and drainage easement. The public hearing on Items 15 was opened. There being no citizen present to speak in favor or opposition of the ordinance the hearing was closed. This item was added to the grouped items. 15. PUBLIC HEARING & ORDINANCE 19,573 - G -23 -364 — To abandon a public right- of -way, located in South '/2 of Block 11, Centennial Addition. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff'recommends approval. Synopsis: The applicant is requesting a portion of alley located in the South '/2 of Block 11, Centennial Addition be abandoned as public right -of -way but be retained as a utility and drainage easement. The public hearing on Items 16 was opened. There being no citizen present to speak in favor or opposition of the ordinance the hearing was closed. This item was added to the grouped items. 16. PUBLIC HEARING & ORDINANCE 19,574 - G -23 -366 — To abandon a public right - of-way, located in Blocks 161 and 162 John Barrow Addition. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is requesting a portion of West 43`d Street located in Blocks 161 and 162 John Barrow Addition be abandoned as public right -of -way but be retained as a utility and drainage easement. Little Rock Board of Directors Meeting — Minutes - July 31, 2006 The Mayor called on Kathleen Olsen, League of Women Voters of Pulaski County, who asked questions in regard to Item 10. Her question was "Would you all encourage or pay the extra money in areas of the City were it may be beneficial to have the dark skies." The City Manager responded that this ordinance did not preclude the City from installing lights with shields; it just enables the City to not have to do this on a mandatory basis. There is an allotment of $240,000 for this purpose. The Mayor made the following comments and asked that they be added as a part of the official record: We should not just look at this as carte blanche to say that we have walked away from this as something that might be of benefit to the community or certain parts of the community, and that we should be very deliberate in that discussion, and 1 would just like, Madam Clerk, that to be, obviously her comments, as part of the record but certainly I think that would be the intent as I am hearing from the City Manager. The grouped items, including Items 8 -10 and 13 -16 were read the second time. GROUPED ITEMS (8 -10) 8. ORDINANCE 199568 - Z- 3875 -C — Approving a Planned Zoning Development and establishing a Planned Office District titled LTACH Long -Form POD; located on Wilson Road, south of 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, 0 absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning from 0-3 to POD to allow the construction of a sixty (60) bed long -term acute care hospital facility. A fifty (50) foot open space buffer will remain along the eastern and southern perimeters. 9. ORDINANCE 199569 - Z- 7105 -B — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Acts Church Revised Short-Form PCD, located on the southwest corner of West 42"d Street and John Barrow 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, I absent. Staff recommends approval. Synopsis: The applicant is proposing a revision to the previously approved PCD to allow the construction of a new parking lot located south of the existing building. 10. ORDINANCE 199570 - To authorize the City of Little Rock to opt out of the Dark Skies provision of the Arkansas Shielded Outdoor Lighting Act; declaring and emergency; and for other purposes. Staff recommends approval. Synopsis: An ordinance finding that the installation of shielded light fixtures for Little Rock streets is cost prohibitive and that, by passage of this ordinance, the City is authorized to opt out of the requirements of the Shielded Outdoor Lighting Act. 5 Little Rock Board of Directors Meeting — Minutes - July 31, 2006 PUBLIC HEARINGS (Items 11 - 17) 11. PUBLIC HEARING & RESOLUTION — Withdrawn - Z -8045 — To rescind the Little Rock Planning Commission's action in approving a Conditional Use Permit to allow Little Rock Wastewater Utility peak flow attenuation facilities consisting of a pump station on the property located north of Coleman Creek, east of Mabelvale Road, south of West 34th Street and west of Anna Street; and basins on the property located south of Fourche Creek, east of Patterson Road, north of Hoerner Road and west of Scott Hamilton Drive. Planning Commission: 7 ayes, 0 nays, 4 absent. Staff recommends approval of the Conditional Use Permit; denial of the resolution. Synopsis: A record objector is appealing the Planning Commission's action in approving a Conditional Use Permit to allow Little Rock Wastewater Utility to construct peak flow attenuation facilities. 12. PUBLIC HEARING & ORDINANCE — Failed - MSP06 -02 — To amend the Master Street Plan (19,152), to remove Labette Drive, west of John Barrow Road, as a collector; and for other matters. Planning Commission: I aye, 9 nays, 1 absent. Staff recommends denial. Synopsis: Master Street Plan Amendment to remove Labette Drive as a Collector Street, west of John Barrow Road. 13. PUBLIC HEARING & ORDINANCE 19,571 - G -23 -365 — To abandon a public right - of -way, located in Blocks 13 and 14 Hicks Interurban Addition. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is requesting a portion of West 16`h Street located in Blocks 13 and 14 Hicks Interurban Addition be abandoned as public right -of -way but be retained as a utility and drainage easement. 14. PUBLIC HEARING & ORDINANCE 19,572 - G -23 -363 — To abandon a public right - of -way, located in Block 16 Hicks Interurban Addition. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is requesting a portion of alley located in Block 16 Hicks Interurban Addition be abandoned as public right -of -way including the abandonment of the area as a utility and drainage easement. 15. PUBLIC HEARING & ORDINANCE 19,573 - G -23 -364 — To abandon a public right - of-way, located in South '/z of Block 11, Centennial Addition. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is requesting a portion of alley located in the South '/Z of Block 11, Centennial Addition be abandoned as public right -of -way but be retained as a utility and drainage easement. 16. PUBLIC HEARING & ORDINANCE 19,574 - G -23 -366 — To abandon a public right - of -way, located in Blocks 161 and 162 John Barrow Addition. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is requesting a portion of West 43`d Street located in Blocks 161 and 162 John Barrow Addition be abandoned as public right -of -way but be retained as a utility and drainage easement. 17. PUBLIC HEARING & ORDINANCE — Withdrawn - Z -8008 — To approve a Planned Zoning Development and establishing a Planned Commercial District titled Keyes Short-Form PCD, located north of Lawson Road and west of Devall Road, Pulaski County, in the City of Little Rock, Arkansas' Extraterritorial Planning Jurisdiction; amending the official zoning map of the City of Little Rock; and for other purposes. Planning Commission: 5 ayes, 6 nays, 0 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning request to rezone this site from R -2 to PCD zoning to allow a contractor's office and storage yard to locate on the site. 31 Little Rock Board of Directors Meeting — Minutes - July 31, 2006 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, as amended. Items 8 -10 and 13 -16 were adopted. The Mayor opened the public hearing on Item 12. 12. PUBLIC HEARING & ORDINANCE — Failed - MSP06 -02 — To amend the Master Street Plan (19,152), to remove Labette Drive, west of John Barrow Road, as a collector; and for other matters. Planning Commission: I aye, 9 nays, 1 absent. Staff recommends denial. Synopsis: Master Street Plan Amendment to remove Labette Drive as a Collector Street, west of John Barrow Road. Viola Belton (2119 Romine Road), spoke in favor of Item 12. She sighted that the speed limit has increased on Romine and that accidents were occurring and causing several dollars of damage to the neighborhood. She also requested speed bumps for the area. Kathleen Olsen, League of Women Voters of Pulaski County, spoke in opposition of Item 12. She urged the Board to review the Master Street Plan and retain Labette Drive as a collector. Steve Haralson, Director of Public Works, and Tony Bozynski, Director of Planning and Development, answered questions from the Board. The ordinances were read the first time. Director Cazort, seconded by Director Adcock, 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 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. With a lack of sufficient votes from the Board members present, the ordinance (Items 12) failed. CITIZENS COMMUNICATIONS Speaker: Marian Elliott Topic: Issues with lead paint in homes built before 1950. She would like to have Sherwin Williams be held accountable for the cleanup and removal of lead paint in homes where present. She stated that the paint company was aware of the damages of lead poisoning as far back as 1904. Speaker: Clayton Johnson Topic: He was representing the Coalition of Little Rock Neighborhoods to codify their position on the Pulaski County Tax Issue. Their concerns include the number of beds needed and the usage of PIT funds. He commended the Board for keeping the information grounded in fact 7 Little Rock Board of Directors Meeting — Minutes - July 31, 2006 OTHER BUSINESS (Items 18 - 19) 18. DISCUSSION - Pulaski County Regional Detention Center (July 31, 2006) - Moved to after the Consent Agenda. 19. DISCUSSION - Martin Luther King Heritage Center (July 31, 2006) - Moved to after the Consent Agenda. Director Kumpuris asked about meetings with Comcast regarding the revisitation of their franchise agreement. He also announced that on Saturday at 10 AM an event at the River Market would be held designed to take the input of young children on what they would desire in a downtown park. Director Wyrick asked City staff to investigate the digging of holes on Knollwood Street in southwest Little Rock. A motion was made by Director Cazort, seconded by Director Hurst to recess and reconvene on August 8, 2006 at 4:00 PM. By unanimous voice vote of the Board members present, the meeting was recessed at 8:20 PM. ATTEST: APPROVED: 3 n Wood, MC Jim D iley City lerk Ma