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03-20-07Little Rock Board of Directors Regular Meeting — Minutes — March 20, 2007 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham March 20, 2007 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Mark Stodola presiding. City Clerk, Nancy Wood, called the roll with the following Directors Present: Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Kumpuris, Fortson, Adcock, Vice Mayor Hurst, and Mayor Stodola. Director Joan Adcock gave the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS: Recognition - Dr. Anthony Fletcher for being named the National Physician of the Year by the American Heart Association. Recognition - Firefighter Tim Baldridge for assisting Animal Control Officer Mary Ann Hassell. Mayor Stodola asked the Board to consider the listed modifications. ADDITIONS: M -1. RESOLUTION 12,467 - To appoint Dr. Bob Hale to serve in the veterinarian position on the Animal Services Advisory Board; and for other purposes. Director Adcock, seconded by Director Keck, made a motion to add Item M -1 to the consent agenda. By unanimous voice vote of the Board members present, the modification to the agenda was made. Director Cazort, seconded by Vice Mayor Hurst, made a motion to add Item M -2 to the grouped items. By unanimous voice vote of the Board members present, the modification to the agenda was made. DEFERRAL 11. ORDINANCE - Applicant has requested the item be deferred to April 17, 2007. - Z- 8156 — Reclassifying property from R -2 and I -2 and M, located at the southeast and southwest corners of Arch Street and West 65th Street, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: The owner of the five (5) acre property and the ten (10) acre property located along the east and west sides of Arch Street, at West 65th Street, is requesting to rezone the five (5) acres from R -2, Single Family District to I -2, Light Industrial District, and the ten (10) acres from R -2 Single Family District to M, Mining District. A small sliver of the property (approximately 0.4 acres) is located on the north side of West 65th Street, as the roadway bisected the overall ownership years ago. Little Rock Board of Directors Regular Meeting — Minutes — March 20, 2007 Director Adcock, seconded by Director Kumpuris, made a motion to defer Item 11 until April 17, 2007. By unanimous voice vote of the Board members present, the modification to the agenda was made. Consent Agenda: Items 1- 9, and M -1 1. MOTION - To approve minutes of the Little Rock Board of Directors Meetings: January 2, 2007, January 16, 2007, February 6, 2007, February 20, 2007, and Little Rock Board of Directors Reconvened Meetings of January 30, 2007 and February 13, 2007. 2. RESOLUTION 12,468 - To authorize the City Manager to enter into an annual contract with Vogel Paint and Wax Company, Inc., in the amount of $61,688 to provide reflective pavement marking paint for the Traffic Control Section of the Public Works Department; and for other purposes. Staff recommends approval. Synopsis: An annual contract with Vogel Paint and Wax Company, Inc. for the purchase of reflective marking paint for the Traffic Control Section of the Public Works Department. This contract will be for one (1) year from date of award with the stipulation of extending yearly for two (2) additional years upon agreement of both parties. Bids were taken on Bid No. CO7006, with Vogel Paint and Wax Company, Inc., being the only bidder meeting required specifications. The bid received was in the amount of $61,688. 3. RESOLUTION 12,469 - To approve an annual contract with Levy Concrete Company for the purchase of Ready Mix Concrete for the Street Department; and for other purposes. Staff _ recommends approval. Synopsis: An annual contract for the purchase of ready mix concrete, with an extension clause of contract renewal for two (2) additional years upon agreement of both parties. Levy Concrete was the low bid received. Purchase price will be near or above $100,000. 4. RESOLUTION 12,470 - To authorize the City Manager to enter into a contract with Rehrig- Pacifie Company for the purchase of two thousand (2,000), ninety (90) gallon solid waste containers and issue a one (1) year annual purchase order for additional carts, if needed; and for other purposes. .Staff recommends approval. Synopsis: Authorizes the City Manager to award a purchase order in the amount of $93,740 for the purchase of two thousand (2,000), ninety (90) gallon trash containers for new residences, second carts, and replacement of damaged carts that have exceeded the ten (10) year warranty, to Rehrig - Pacific Company. 5. RESOLUTION 12,471 - To authorize the City Manager to enter into a contract with Metropolitan Fire Extinguisher of Little Rock, for the purchase of SCBA (Self Contained Breathing Apparatus) repair parts. Staff recommends approval. Synopsis: For approval of the purchase of SCBA repair parts. This will be an annual contract good up to four (4) additional years. 2 Little Rock Board of Directors Regular Meeting — Minutes — March 20, 2007 6. RESOLUTION 12,472 - To set a public hearing for April 17, 2007, to consider an ordinance authorizing the issuance and sale of City of Little Rock, Arkansas, Sewer Construction Revenue Bonds, series 2007A, for the purpose of financing certain betterments and improvements to the City's sewer system. Staff recommends approval. Synopsis: The resolutions sets the date and time of April 17, 2007, at 6:00 PM for a public hearing on the issuance of up to $67,000,000 of Sewer Construction Revenue Bonds, Series 2007A. 7. RESOLUTION 12,473 - Authorizing the City Manager to enter into a one (1) year contract with Ben E. Keith Company, with possible renewals for four (4) additional, one (1) year periods, for food and food related items for the City of Little Rock Summer Playground Program in the amount of $60,220; and for other purposes. Staff recommends approval. Synopsis: A resolution authorizing the City Manger to enter into a one (1) year contract with Ben E. Keith Company, with possible renewals for four (4) additional, one (1) year periods, if mutually acceptable, for the provision of food and food related items for the City of Little Rock Summer Playground Program in the amount of $60,220. 8. RESOLUTION 12,474 - To amend the construction contract with Lasiter Construction for Swaggerty Drain 2004 Bond Improvement Project; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to approve a change order for $125,000 to the construction contract agreement with Lasiter Construction, Inc., for construction of Swaggerty Drain Improvements. Changes include extension of the box culvert by one hundred (100) linear feet and minor drainage improvements to Pulaski Street, north of Roosevelt Road. 9. RESOLUTION 12,475 - To support the Historic Structures Rehabilitation Tax Credit, under consideration by the 886th General Assembly; and for other purposes. Synopsis: The legislation would create a twenty five percent (25 %) investment tax credit for owners of historic residential and commercial properties who substantially rehabilitate properties. If passed, it would stimulate appropriate redevelopment, protect the historic quality of life of our communities, create jobs, revitalize housing, commercial, and retail facilities, improve property values, generate revenue for our communities and for the State of Arkansas, and preserve Arkansas as a safe, attractive, affordable place to live and do business. M -1. RESOLUTION 12,467 - To appoint Dr. Bob Hale to serve in the veterinarian position on the Animal Services Advisory Board; and for other purposes. The Consent Agenda was read, including Item M -1. Director Adcock, seconded by Director Keck, made the motion to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda (Items 1 -9, and M 1), were adopted. Director Cazort, seconded by Director Keck, made the motion to hold Item 14 separate. By unanimous voice vote of the Board members present, Item 14 was held separate from the grouped items. The grouped items (Items 10, 12, 13, and M -2) were read the first time. 3 Little Rock Board of Directors Regular Meeting — Minutes — March 20, 2007 GROUPED ITEMS: 10 —14 —" 10. ORDINANCE 19,719 - Z -8155 — Reclassifying property from R -2 to C -3, located at 6919/ 6921 Geyer Springs Road in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: The owner of the 0.60 acre property located at 6919/ 6921 Geyer Springs Road is requesting to rezone the property from R -2 Single Family District to C -3, General Commercial District. 11. ORDINANCE - Applicant has requested the item be deferred to April 17, 2007 - Z -8156 — Reclassifying property from R -2 and I -2 and M, located at the southeast and southwest corners of Arch Street and West 65th Street, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: The owner of the five (5) acre property and the ten (10) acre property located along the east and west sides of Arch Street, at West 65th Street, is requesting to rezone the rive (5) acres from R -2, Single Family District to I -2, Light Industrial District, and the ten (10) acres from R -2 Single Family District to M, Mining District. A small sliver of the property (approximately 0.4 acres) is located on the north side of West 65th Street, as the roadway bisected the overall ownership years ago. 12. ORDINANCE 19,721 - Z -8153 — Reclassifying property from R -2, Single Family District to C -3, General Commercial District, located at 12024 Chicot Road, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: The owner of the 1.28 acre property located at 12024 Chicot Road is requesting to rezone the property from R -2, Single Family District to C -3, General Commercial District. 13. ORDINANCE 19,722 - LU06 -19 -07 — A Land Use Plan Amendment in the Chenal District along Kanis Road from Stewart Road to Chenal Parkway. Planning Commission: I1 ayes, 0 nays. Staff recommends approval. Synopsis: After a review of the Kanis Corridor from Chenal Parkway to Stewart Road, a package of changes has been developed to better guide the short and mid -term future development of the area. M -2. ORDINANCE 19,725 — To amend Ordinance Number 19,676 to clarify ownership after abandonment of the north/south alley right -of -way (twenty (20) feet by three hundred (300) feet), located within Block 16, Pope's Addition, in the City of Little Rock; and for other purposes. Staff recommends approval. Vice Mayor Hurst, seconded by Director Keck, 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 Hurst, made a motion to suspend the rules and place the ordinances on third and final reading. The ordinances were read the third time. A roll call vote was taken and recorded as follows: Directors Adcock, Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Kumpuris, Fortson, Vice Mayor Hurst, and Mayor Stodola voted yes. The grouped Items 10, 12, 13, and M -2 were passed. 11 Little Rock Board of Directors Regular Meeting — Minutes — March 20, 2007 Mayor Stodola requested that item 14 be read the first time. 14. ORDINANCE 19,723 - Authorizing the issuance of a promissory note to provide short - term financing under Amendment No. 78 to the Arkansas Constitution for the acquisition, construction and installation of real and tangible personal property; providing for the payment of the principal of and interest on the note; and prescribing other matters pertaining thereto; and declaring an emergency. Staff recommends approval. Synopsis: The ordinance authorizes the issuance of $5,919,000 of short -term notes and gives the Mayor, City Clerk, and Treasurer the authority to take the necessary actions to complete the issuance. City Manager, Bruce Moore, reviewed the items that are scheduled to be funded by the short- term financing. The items included new City vehicles, money for a John Barrow Community Center, heating and air conditioning repairs at the Dunbar Community Center and Central Fire Station, a police center in the midtown area of the City, an elephant exhibit at the Little Rock Zoo, computer software for several departments, and different building projects throughout the City. Director Keck expressed concerns about not including a fire station in the west Little Rock area. Director Cazort shared director Keck's concerns and expressed his desire to have a larger project for the midtown City police center. He wants a substation, not a kiosk, and doesn't feel like the $750,000 will properly address the need in the area. He asked the Manager to put this money to the side and save it until there is enough to build a full service substation. Director Adcock expressed a desire to rehabilitate the Hinton Center to serve as a Police substation. The discussion continued among the Board regarding other areas of need in the city and how best to address those needs. The City Manager answered several questions from the Board regarding other uses for the short-term financing money and future potential projects. He added that he would be back before the Board in coming months with other short-term financing requests for more equipment purchases and building projects and another for improvements at the convention center. He also informed the Board that he would be before them with a plan of action to address some of the other concerns brought forward at this meeting. Vice Mayor Hurst, 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 ordinance was read the second time. Director Keck voted no. Vice Mayor Hurst, seconded by Director Adcock, made a motion to suspend the rules and place the ordinance on third and final reading. Director Keck voted no. The ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors Adcock, Hendrix, Richardson, Wright, Wyrick, Kumpuris, Fortson, Vice Mayor Hurst, and Mayor Stodola voted yes. Director Cazort voted present. Director Keck voted no. Item 14 was passed. An emergency clause was passed. Director Keck voted no. Director Cazort voted present. Wi Little Rock Board of Directors Regular Meeting — Minutes — March 20, 2007 PUBLIC HEARING: Item 15 Mayor Stodola opened the public hearing and asked the clerk to read Item 15. 15. PUBLIC HEARING & ORDINANCE 19,724 - Z- 7917 -A — To approve a Planned Zoning Development and establish a Planned Commercial District tiled Verizon Revised Short -Form PCD, located at 12018 Chenal Parkway, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 2 ayes, 6 nays, 3 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for rezoning request for this site from PCD to Revised PCD to allow the placement of a sign along the western facade of the building, totaling one hundred and fifty (150) square feet in sign area. David Armey, Director of State Public Policy for Verizon Wireless stood for questions from the Board. Upon questioning from Director Wright, Mr. Armey explained that their consumers were having a problem with visibility. Director Adcock asked about the size of the sign on the side of the building and indicated that she would like for them to consider a smaller sign (75 sq ft). Mayor Stodola asked about access the property. Director Wyrick asked about other options for signage. Tony Bozynski, Planning Director, gave an overview of the application and the Planning Commission and staff position on the issues and stood for questions from the Board. Ruth Bell, League of Women Voters, spoke in opposition of the application. She felt like it was poor planning on their part when the request was first made in 2005 and indicated that the line of sight had not changed in the area. She asked the Board to uphold the Planning Commission decision. Mr. Armey apologized for any confusion or appearance of negotiation. He indicated that the goal was to get a bigger sign so that their customers can see the building and that 75 sq. ft. was acceptable. Director Keck, seconded by Director Richardson, made the motion to amend the application to reflect 75 sq. ft. Director Wyrick indicated to the applicant that she did not want to see the applicant back asking for a larger sign. Director Hurst asked the Tom Carpenter, City Attorney, if the application should go back to the Planning Commission, if amended. The City Attorney responded in the affirmative. The City Manager stated for the record that the Planning Commission had previously supported 100 sq ft and staff recommended denial because they wanted a smaller sign. Tony Bozynski indicated that the original request for the PUD was approved on November 19 2005, and was before the Planning Commission in September. A roll call vote was taken and recorded as follows: Directors Adcock, Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Kumpuris, Fortson, Vice Mayor Hurst, and Mayor Stodola voted yes. The amendment was approved. el r Little Rock Board of Directors Regular Meeting — Minutes — March 20, 2007 Vice Mayor Hurst asked the Planning Director if the proposed changes to the building would become a part of the Planned Zoning Development. Mr. Bozynski indicated that they were just suggestions at this point and only the changes to the sign were being addressed in this ordinance. The applicant, Mr. Armey, indicated that they were not committed to changing the color of the building. The public hearing was closed. Director Cazort, seconded by Director Adcock, made a motion to suspend the rules and place the ordinance, as amended, 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 a motion to suspend the rules and place the ordinance, as amended, on third and final reading. The ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors Adcock, Hendrix, Richardson, Cazort, Keck, Wright, Wyrick, Kumpuris, Fortson, and Mayor Stodola voted yes. Vice Mayor Hurst voted no. Item 15 was passed. SEPARATE ITEMS: Item 16 Mayor Stodola asked the City Clerk to read Item 16. 16. RESOLUTION 12,476 - Authorizing the City Manager to execute a contract with Don Patton and Nancy Patton as part of the Mid -City Targeted Neighborhood Enhancement Plan for rehabilitation of a Single - Family residence at 2307 South Taylor Street in the approved Mid -City TNEP area. Synopsis: Don and Nancy Patton own the property located at 2307 South Taylor Street in the Mid -City Targeted Neighborhood Enhancement Plan (TNEP) area. The Pattons plan to rehabilitate this Single - Family residence and are requesting $1,240 in TNEP funds to complete the $6,200 project. The balance of the funds required for the rehabilitation is provided through funds contributed by the Pattons. The Patton's application has been reviewed and is recommended for funding. Director Adcock, seconded by Director Keck, made a motion to adopt the resolution. By unanimous voice vote of the Board members present, the resolution (Item 16) was adopted. Director Hendrix reported, in response to the article in the Democrat Gazette, that there was no strong disorder at the public forum for governance on March 19, 2007, at the Dunbar Community Center. She also added that there were more than 75 people present and that the one person that was very angry was called out of order. She thanked the Mayor for his participation. CITIZENS COMMUNICATIONS Topic: Roy Jolley Speaker: Unhappy about the Board's February 20th vote on the Entergy substation at 14250 Colonel Glenn Road. He asked the Board to rescind the vote. 7 Little Rock Board of Directors Regular Meeting — Minutes — March 20, 2007 Topic: Jeff Stephens Speaker: Unhappy about the Board's February 20th vote on the Entergy substation at 14250 Colonel Glenn Road. He also asked the Board to rescind the vote. He thanked Directors Richardson and Wyrick for their no votes. Topic: Sue Ann Stephens Speaker: Unhappy about the Board's February 20th vote on the Entergy substation at 14250 Colonel Glenn Road. Her husband was not present because he had a stroke which he attributes to all of this business. She also asked the Board to rescind the vote. Topic: Loretta Welch Speaker: Requested that a study be done by a national consulting firm to study the issues of the City. Mayoral veto power and a mid -city police kiosk will not address the problems of the City. Board of Directors Updates and Requests: Director Adcock thanked the City Manager for providing the Board with a copy of the 2007 Survey of Little Rock Citizen's Opinion of City Services. She requested that it be made available to the public. He stated that it would be available online. Director Adcock also requested that the City Attorney give a brief summary of his legal opinions in regard to the conflict of interest issues with the Airport Commission. Director Richardson concurred with Director Adcock's comments on the survey. He also shared the City Attorney's report regarding that office responding to a bid request for the Airport Commission. Director Wyrick brought forward concerns about a mobile home park on Dartmoor Drive. The City Manager indicated that staff had been looking onto the matter and would follow -up with her in a few days. Director Richardson, seconded by Director Hurst, made a motion to recess the meeting. By unanimous voice vote of the Board members present, being two - thirds in number, the meeting was adjourned at 8:25 PM. ATTEST: N ncy Woo , CMC City Clerk APPROVED: Mayor �t