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HomeMy WebLinkAbout11-21-06Board of Directors Regular Meeting - November 21, 2006 - Minutes MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham November 21, 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: Wyrick, Hurst, Fortson, Adcock, Kumpuris, Vice Mayor Cazort, and Mayor Dailey. Directors Pugh, Hinton, Keck, and Stewart were absent. Mayor Dailey gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. DEFERRAL: 22. ORDINANCE - Item to be deferred to December 5, 2006 - 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. I" and 2nd Readings were held on November 6, 2006) 3rd Reading. 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. Vice Mayor Cazort made the motion, seconded by Director Hurst, to accept the modifications. By unanimous voice vote of the Board members present the modifications were approved. Mary Beth Ringgold, Chair of the Advertising and Promotions Commission, spoke to the Board in regard to the car purchased for the previous Executive Director Barry Travis. Director Kumpuris also made some comments on the situation with the Advertising and Promotions Commission. The consent agenda was read. The City Clerk made a confirmed that the amount listed for Item 4 is $535, 221. CONSENT AGENDA (Items 1 - 5) 1. MOTION - To approve minutes of the Little Rock Board of Directors Meetings: July 18, 2006; July 31, 2006; August 15, 2006; September 5, 2006; September 19, 2006; October 3, 2006; and October 17, 2006; and August 8, 2006 — Reconvened Meeting. 1 Board of Directors Regular Meeting - November 21, 2006 - Minutes 2. RESOLUTION 12,388 - G -23 -369 - To set the date of public hearing for December 5, 2006, on a request to abandon a public right -of -way and easement rights located in Block 1, Bellevue Addition. 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. 3. RESOLUTION 12,389 - Appointing a Board of Assessment for St. Charles Municipal Lighting Improvement District No. 1 of the City of Little Rock, Arkansas; and prescribing other matters relating thereto. Staff recommends approval. 4. RESOLUTION 12,387 - Authorizing the City Manager to disburse $535,221 to CDI Contractors, LLC for construction of public streets; and for other purposes. Staff recommends approval. Synopsis: The resolution authorizes the City Manager to disburse $535,221 to CDI Contractors, LLC for construction of public streets. 5. RESOLUTION 12,390 - To ratify appointment of Annette Herrington (Term: 01/01/07 — 12/31/09) and reappointment of Michel Leidermann for a second term (Term: 01/01/07 — 12/31/09), to serve on the CALS Board of Trustees. Staff recommends approval. The consent agenda (Items 1 -5) was read. A motion was made by Director Adcock, seconded by Vice Mayor Cazort, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted. The public hearing for Item 25 was opened. There being no speakers in favor or opposition for the item, the public hearing was closed and Item 25 was added to the grouped items. The grouped items were read the first time. GROUPED ITEMS: 6 - 21 6. ORDINANCE 19,629 - S -1537 — 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 with a reduced lot area for the Centre Addition Revised Preliminary Plat, located on the northwest corner of Colonel Glenn Road and Interstate 430. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is proposing the creation of eight (8) lots from this 17.613 acre tract. The approval requires a variance from the Subdivision Ordinance to allow a reduced lot area for the proposed lots which are currently zoned C -2. 2 Board of Directors Regular Meeting - November 21, 2006 - Minutes 7. ORDINANCE 19,630 - S- 1396 -A - 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 pipe stem lot, lots with a reduced lot width and a double frontage lot for the Pleasant Tree Tract A Replat, located at the end of Johnny Cake Lane, Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The developer is proposing the subdivision of this 1.25 acre tract into three (3) residential lots. There are variances associated with the request to allow the creation of lots with a reduced lot width, the creation of a pipe stem lot and the creation of a double frontage lot. 8. ORDINANCE 19,631 - S -1542 — 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 lots with an increased lot depth to width ratio for the Holiman Subdivision Preliminary Plat, located at 10322 Peace Valley Drive, Little Rock, Arkansas. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is requesting a lot split of this existing five (5) acre tract which currently contains two (2) single - family homes. A variance request to allow an increased lot depth to width ratio is proposed for each of the indicated lots. 9. ORDINANCE 19,632 - Z- 4343 -U Approving a Planned Zoning Development and establishing a Planned Residential District titled Parkland Heights Revised Long -Form PD -R, located at the north end of Chenoceau Boulevard, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is proposing a revision to the previously approved Planned Residential Development to allow the creation of lot lines along the common walls of the units. 10. ORDINANCE 19,633 - Z- 4411 -E - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Pleasant Ridge Towne Center Revised Long - Form PCD located on the southeast corner of Cantrell Road and Pleasant Ridge 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 an amendment to the previously approved PCD to allow the creation of two (2) additional lots for the Pleasant Ridge Town Center. 11. ORDINANCE 19,634 - Z- 6278 -C - Approving a Planned Zoning Development and establishing a Planned Commercial District titled Studio Joe Revised Long -Form PCD located at 600 Autumn 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 to amend the previously approved PCD to allow coffee sales as an allowable use for the site. 3 Board of Directors Regular Meeting - November 21, 2006 - Minutes 12. ORDINANCE 19,635 - Z- 7875 -A - Approving a Planned Zoning Development and establishing a Planned Office District titled Taylor Park Revised Long -Form POD, located south of Kanis Road, just west of White 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 to amend the previously approved POD to allow the placement of a subdivision identification sign on the site. 13. ORDINANCE 19,636 - Z -8095 - Approving a Planned Zoning Development and establishing a Planned Industrial District titled Garden Homes Addition Short-Form PID, located north of 17th Street, between Boyce and Fletcher Streets, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is proposing a rezoning of the site from PID to Revised PID to allow the construction of a 19,200 square foot warehouse building. 14. ORDINANCE 19,637 - Z -8098 - Approving a Planned Zoning Development and establishing a Planned Residential District titled Palmer Short -Form PD -R located at 2919 Lee Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is proposing to rezone the site from R -3 to PD -R to allow for the placement of a third residential unit on the site. 15. ORDINANCE 19,638 - Amending Chapter 8 of the 1988 Little Rock Code of Ordinances, providing for the adoption by reference of the 2006 International Existing Building Code and 2006 Revisions; and for the purposes. Staff recommends approval. Synopsis: Currently, the City of Little Rock does not have an adopted code to address renovations of existing commercial buildings other than the Building Code for new buildings. The Existing Building Code is founded on principals to encourage the use and reuse of existing buildings that adequately protect the public health, safety and welfare. These provisions do not unnecessarily increase construction costs and do not restrict the use of new materials, products or methods of construction. 16. ORDINANCE 19,639 - Amending Chapter 8 of the 1988 Little Rock Code of Ordinances, providing for the adoption by reference of the 2006 International Fuel Gas Code and 2006 Revisions; and for other purposes. Staff recommends approval. Synopsis: Currently, the City of Little Rock is enforcing the 1995 Edition of the Arkansas Gas Code for natural gas installations for commercial and residential properties. The adoption would bring the City up to date with the current Code. 17. ORDINANCE 19,640 - Amending Ordinance No. 18,554, Chapter 8 of the 1988 Little Rock Code of Ordinances, providing for the adoption by reference of the 2006 International Residential Code and 2006 Revisions; and for other purposes. Staff recommends approval. Synopsis: Currently, the City of Little Rock is using the 2000 Edition of the International Residential Code for one (1) and two (2) family dwellings. This adoption would bring the City up to date with the current Code. __ Board of Directors Regular Meeting - November 21, 2006 - Minutes �i 18. ORDINANCE 19,641 - Amending Ordinance No. 18,706, Chapter 8 and Chapter 12 of the 1988 Little Rock Code of Ordinances, providing for the adoption by reference of the 2006 International Building Code and 2006 Revisions; and for other purposes. Staff recommends approval. Synopsis: Currently, the City of Little Rock is enforcing the 2000 Edition of the International Building Code for commercial buildings. The adoption would bring the City up to date with the current Code. 19. ORDINANCE 19,642 - Amending Ordinance No. 18,706, Chapter 8 and 12 of the 1988 Little Rock Code of Ordinances, providing for the adoption by reference of the 2006 International Fire Code and 2006 Revisions; and for other purposes. Staff recommends approval. Synopsis: Currently, the City of Little Rock is enforcing the 2000 Edition of the International Fire Code for commercial buildings. The adoption would bring the City up to date with the current Code. 20. ORDINANCE 19,643 - To waive competitive bids and authorize the City Manager to enter into a service agreement with Motorola, Inc. in the amount of $554,907, as a sole source provider of maintenance for the City's 800 MHZ Radio System. Staff recommends approval. Synopsis: The Police Department is requesting approval to renew the maintenance contract for the City's radio infrastructure. 21. ORDINANCE 19,644 - To amend Little Rock, Arkansas Ordinance No. 19,459 (December 13, 2005), to adjust the fiscal year 2006 Budget Ordinance to note expenditure adjustments for street costs, franchise fee revenues, personnel costs, personnel savings, and other adjustments; to declare an emergency; and for other purposes. Staff recommends approval. SEPARATE ITEMS 22. ORDINANCE -Deferred to December 5, 2006 - 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 otheryurposes. Planning Commission: 3 ayes, 7 nays, 1 absent. Staff recommends denial. Is' and 2n Readings were held on November 6, 2006) 3rd Reading. 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. 23. ORDINANCE 19,645 - To designate "Performance Based Contract" as a Professional Service; to amend Little Rock, Arkansas Revised Code (2 -243) (1988), to add "Performance Based Contract" as a Professional Service; to define "Performance Based Contract "; to declare an emergency; and for other purposes. Staff recommends approval. E 0 Board of Directors Regular Meeting - November 21, 2006 - Minutes 25. PUBLIC HEARING & ORDINANCE 19,646 - G -23 -367 — To approve the abandonment of an alley right -of -way, located within Block 202, Original City of Little Rock; and for other purposes. Planning Commission: 8 ayes, 0 nays, I recusal, and 2 absent. Staff recommends approval. Synopsis: The adjacent property owners request to abandon the north /south 20 foot wide alley right -of -way (20 feet X 300 feet) located with Block 202, Original City of Little Rock. The block is bounded by West 16th, West 17th, Broadway and Spring Streets. The grouped items (Items 6 — 21 and Item 23) were read the first time. Director Adcock, seconded by Vice Mayor 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 Vice Mayor 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 6 -21, and 25 were adopted. An emergency clause was adopted for Items 21 and 23. PUBLIC HEARINGS (24 — 26) 24. PUBLIC HEARING & RESOLUTION — Failed - Z -8105 — Rescinding the Planning Commission's action in approving a Conditional Use Permit to allow for construction of an accessory dwelling on the R -3 zoned property located at 109 South Martin Street. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends denial of the resolution; 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 an accessory dwelling on the R -3 zoned property located at 109 South Martin Street. The public hearing for Item 24 was opened at 6:30 PM. Tony Bozynski gave a brief overview of the item. Gail Fritchman was present to speak in opposition of the project. Robert Traylor, representing the applicant, Mary Alexander, was present to speak in favor of the project. The Board of Directors asked questions, some areas of concern were the size of the dwelling and privacy to the abutting neighbor. The public hearing was closed at 6:50 PM. The City Clerk read Item 24. Mayor Dailey called for the vote. By unanimous voice vote of the Board members present, being two - thirds in number, Item 24 failed. 25. PUBLIC HEARING & ORDINANCE 19,646 - G -23 -367 — To approve the abandonment of an alley right -of -way, located within Block 202, Original City of Little Rock; and for other purposes. Planning Commission: 8 ayes, 0 nays, I recusal, and 2 absent. Staff recommends approval. Synopsis: The adjacent property owners request to abandon the north /south 20 foot wide alley right -of -way (20 feet X 300 feet) located with Block 202, Original City of Little Rock. The block is bounded by West 16th, West 17th, Broadway and Spring Streets. 6 Board of Directors Regular Meeting - November 21, 2006 - Minutes 26. PUBLIC HEARING - Ordinance will be presented in January 2.007. - For the issuance of Waste Disposal Revenue Bonds for the purpose of financing betterments and improvements to the City's Waste Collection and Disposal System. Staff recommends approval. Synopsis: The resolution sets the date and time of November 21, 2006, at 6:00 p.m. for a public hearing on the issuance of up to $4,000,000 of Waste Disposal Revenue Bonds. The public hearing for Item 26 was opened at 6:50 PM. The City Manager and Mayor clarified that this item was the Johnson Controls, Inc. issue that allowed the use of methane gas from the landfill to provide energy for an industry close to the landfill. The public hearing was closed at 6:55 PM. There was no action taken on the ordinance, as it will not be presented until January 2007. 27. PUBLIC HEARING & ORDINANCE - Deferred to November 28, 2006 - To establish a schedule of rates for the Little Rock Waste Water Utility; to repeal Ordinance No. 18,752 (September 17, 2002); to declare an emergency; and for other purposes. Staff recommends approval. The public hearing for Item 27 was opened. Reggie Corbitt, CEO of the Little Rock Waste Water Utility, entertained questions from the Board. Some topics of the questioning included the unsewered areas of the City, the building of the plant in West Little Rock, and the basin in Southwest Little Rock. Clayton Johnson, gave a statement from the Coalition of Little Rock Neighborhoods. He stated that the coalition supported the needed improvements, but requested a feasibility study for the implementation of impact fees for the financing of future development that will be served by the West Little Rock Treatment Plant. The public hearing was closed. The City Clerk read the ordinance (Item 27); it was held on first reading. Director Cazort, seconded by Director Hurst, moved that the ordinance be added to the reconvened meeting scheduled for November 28, 2006. By majority voice vote of the Board members present, being two - thirds in number, the motion passed. Director Adcock abstained. OTHER BUSINESS 28. REPORT - CATA Route Study Update (November 21, 2006) — Darren Peters, Central Arkansas Transit Authority Chairman and McDonald Transit. 29. EXECUTIVE SESSION - Annual Evaluations of the City Manager and City Attorney. (November 28, 2006) CITIZENS COMMUNICATIONS Speaker: Luke Skrable Topic: Expressed concerns about his perceived civil rights infractions and requested that the Southwest Little Rock area be treated as other affluent neighborhoods in Little Rock. 7 Board of Directors Regular Meeting - November 21, 2006 - Minutes Speaker: Jane Harrison Topic: Expressed her concerns about her neighborhood turning into a commercial area. She also expressed concerns about gangs and crimes and requested that the City do some things to help the Southwest Little Rock area. Vice Mayor Cazort, seconded by Director Adcock, made a motion to recess the meeting. By unanimous voice vote of the Board members present, being two - thirds in number, the meeting was recessed at 8:17 PM. The meeting is scheduled to reconvene on Tuesday, November 28, 2006 at 4:00 PM. ATTEST: APPROVED: �( Nan ood, C Mark Stodola City Clerk Mayor