04-17-07Little Rock Board of Directors Regular Meeting — Minutes — April 17, 2007
MINUTES
BOARD OF DIRECTORS MEETING
City Hall — 500 W. Markham
April 17, 2007 - 6:00 PM
The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor
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. Mayor Stodola gave the invocation, which was followed by the
Pledge of Allegiance.
Director Cazort announced that Kay Taylor from Benton, Arkansas was the winner of the Little
Rock Zoo photography contest.
Mayor Stodola recognized Daniel Kyser from Boy Scout Troop 99.
Mayor Stodola asked the Board to consider the listed modifications (M -1 thought M -9). The
presentation was deferred.
ADDITIONS: M -1— M -9
M -1. RESOLUTION 12,483 - To certify local government endorsement of Novus Arkansas,
LLC, located at 7920 Sloane Drive, Little Rock, Arkansas, to participate in the Arkansas Tax
Back Program as authorized by Section 15- 4 -2706d of the Consolidated Incentive Act of 2003;
and for other purposes. Staff recommends approval.
M -2. RESOLUTION 12,484 - To certify local government endorsement of Science
Applications International Corporation, located at 700 Louisiana Street, Little Rock,
Arkansas, to participate in the Arkansas Tax Back Program as authorized by Section 15-4 -
2706d of the Consolidated Incentive Act of 2003; and for other purposes. Staff recommends
approval.
M -3. RESOLUTION 12,485 - To certify local government endorsement of Greenway Bio
Energy, LLC, located at 7500 Industrial Harbor Drive, Little Rock, Arkansas, to participate in
the Arkansas Tax Back Program as authorized by Section 15- 4 -2706d of the Consolidated
Incentive Act of 2003; and for other purposes. Staff recommends approval.
M -4. RESOLUTION 12,486 - To certify local government endorsement of Ring Container
Technologies, Inc., located at the Little Rock Industrial Park on Frazier Pike, Little Rock,
Arkansas, to participate in the Arkansas Tax Back Program as authorized by Section 15-4 -
2706d of the Consolidated Incentive Act of 2003; and for other purposes. Staff recommends
approval.
M -5. RESOLUTION 12,487 - To certify local government endorsement of Boyd Metals of
Little Rock, Inc. located at 600 Bond Street, Little Rock, Arkansas, to participate in the
Arkansas Tax Back Program as authorized by Section 15- 4 -2706d of the Consolidated
V Incentive Act of 2003; and for other purposes. Staff recommends approval.
Little Rock Board of Directors Regular Meeting — Minutes — April 17, 2007
M -6. RESOLUTION 12,488 - To authorize the City Manager to approve contracts and
agreements with L.E.G. Enterprises, Inc. for 1St Tee at University Avenue signal installation
project. Staff recommends approval. Synopsis: Authorizes the City Manager to approve
contracts and agreements with L.E.G Enterprises, Inc. for 1St Tee at University Avenue
signal installation project, Bid Number 07 -215.
M -7. RESOLUTION 12,489 - To appoint Morgan Keegan as bond underwriters for the
proposed issuance of Little Rock, Arkansas Capitol Improvement Revenue Refunding
Bonds, Series 2007; (The Bonds); and providing for other matters in connection with the
issuance of bonds. Staff recommends approval. Synopsis: Adopt a resolution appointing an
underwriter to assist the City in developing and issuing the Capital Improvement Revenue
Refunding Bonds, Series 2007.
M -8. RESOLUTION 12,490 - To appoint Wright, Lindsey and Jennings LLP, as bond
counsel for the proposed issuance of Little Rock, Arkansas Capital Improvement Revenue
Refunding Bonds, Series 2007; (The Bonds); and providing for other :natters in connection with
the issuance of bonds. Staff recommends approval. Synopsis: Adopt a resolution appointing
bond counsel to assist the City in issuing the Capital Improvement Revenue Refunding
Bonds, Series 2007.
M -9. RESOLUTION 12,491 - To award a contract to MESA Landscape Architects, Inc., in
the amount of $180,000 to provide architectural and related engineering services for the
construction of a penguin exhibit; authorizing the City Manager to enter into a contract with
MESA Landscape Architects, Inc., for such services; and for other purposes. Staff recommends
approval. Synopsis: This resolution awards a contract to MESA Landscape Architects,
Inc., for architectural and related engineering services for construction of an African
Penguin Exhibit at the Little Rock Zoo; and authorizes the City Manager to enter into a
contract in a form acceptable to the City Attorney in the amount of $180,000 for such
services with MESA Landscape Architects, Inc.
DEFERRALS:
PRESENTATION:
Proclamation: Keep America Beautiful — Great American Clean -Up (April 17, 2007)
Director Adcock reported that M -6 was a partnership between the business community at First
Tee and University, and the City. Those entities were Crain Ford, ITT, Cost Plus Furniture and
First Tee, who contributed to the light.
Director Adcock, seconded by Director Cazort, made a motion to add Item M -1 through
M -9 to the consent agenda. By unanimous voice vote of the Board members present, the
modifications to the agenda were made.
The consent agenda (Items 1 -8, and M -1 through M -9) was read.
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Little Rock Board of Directors Regular Meeting — Minutes — April 17, 2007
Consent Agenda: Items 1 - 8
1. RESOLUTION 12,492 - Authorizing the City Manager to purchase one (1) custom Triple
Combination Fire Pumper for the Little Rock Fire Department from the H -GAC Contract FS 12-
05; and for other purposes. Staff recommends approval. Synopsis: This is the lowest bid item
on the contract that will meet the needs of the Little Rock Fire Department.
2. RESOLUTION 12,493 - G -23 -378 - To set the date of public hearing for May 1, 2007, on a
request to abandon a public right -of -way on Vogler Street located adjacent to Lots 10 -12, Block
2, Blankenship's Addition (south of Leander Street). Planning Commission: 8 ayes, 0 nays, 3
absent. Staff recommends approval. Synopsis: The adjacent property owner, requests to
abandon the undeveloped twenty (20) -foot wide Vogler Street right -of -way (20 feet by 150
feet) adjacent to Lots 10 -12, Block 2, Blankenship's Addition (south of Leander Street).
3. RESOLUTION 12,494 - For the acceptance of the Geyer Springs and Wakefield
Neighborhood Action Plan. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends
approval. Synopsis: A Neighborhood Action Plan for the Geyer Springs and Wakefield
Neighborhood areas.
4. RESOLUTION 12,495 - To express the willingness to utilize federal -aid high priority
project funds for various trail projects from east Little Rock to Pinnacle Mountain State Park.
Staff recommends approval. Synopsis: Express willingness to use federal -aid high priority
funds for acquisition and construction of trail facilities from east Little Rock to Pinnacle
Mountain State Park.
-- 5. RESOLUTION 12,496 - To amend Resolution No. 12,314 (July 11, 2006), to authorize the
Mayor and City Clerk to execute a revised easement along a portion of University Avenue in the
City of Little Rock, Arkansas, to Entergy Arkansas, Inc., for underground electric power
facilities; and for other purposes. Staff recommends approval. Synopsis: The resolution
authorizes the Mayor and Clerk to execute documents needed to convey a right -of -way
easement to certain property along University Avenue north of Interstate 630 to St. Vincent
Circle to Entergy Arkansas, Inc., for placement and maintenance of utility lines. The
resolution corrects the legal descriptions previously provided by Entergy.
6. RESOLUTION 12,497 - Authorizing a contract amendment for Richard A. Stephens and
Associates for appraisal services on Napa Valley Road (Hinson Road to St. Charles Boulevard).
Staff recommends approval. Synopsis: Authorizes the City Manager to approve a contract
amendment with Richard A. Stephens and Associates for performing appraisal services or
the Napa Valley project.
7. RESOLUTION 12,498 - To authorize the City Manager to enter into contract to purchase
kennels for the Little Rock Animal Village. Staff recommends approval. (Bids are scheduled
to be opened on April 16, 2007) Synopsis: The City of Little Rock ( "City ") operates and
administers an Animal Services facility for sheltering and caring for stray animals. The
new Animal Village will contain one hundred and forty -eight (148) indoor and outdoor
kennels for the dogs.
8. RESOLUTION 12,499 - To authorize the City Manager to approve an accumulated change
order from Doyne Construction Company, in the amount of $120,476.77. Synopsis: The Little
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Little Rock Board of Directors Regular Meeting — Minutes — April 17, 2007
Rock Fire Department is requesting approval to authorize the City Manager to approve an
accumulated change order from Doyne Construction Company. This change order is a
culmination of all changes within the year of construction at the Fire Training Academy. It is
5.5% of the original cost of the project and falls within the normal contingency range, usually
10 %, for a construction project of this type.
M -1. RESOLUTION 12,483 - To certify local government endorsement of Novus Arkansas,
LLC, located at 7920 Sloane Drive, Little Rock, Arkansas, to participate in the Arkansas Tax
Back Program as authorized by Section 15- 4 -2706d of the Consolidated Incentive Act of 2003;
and for other purposes. Staff recommends approval.
M -2. RESOLUTION 12,484 - To certify local government endorsement of Science
Applications International Corporation, located at 700 Louisiana Street, Little Rock,
Arkansas, to participate in the Arkansas Tax Back Program as authorized by Section 15-4 -
2706d of the Consolidated Incentive Act of 2003; and for other purposes. Staff recommends
approval.
M -3. RESOLUTION 12,485 - To certify local government endorsement of Greenway Bio
Energy, LLC, located at 7500 Industrial Harbor Drive, Little Rock, Arkansas, to participate in
the Arkansas Tax Back Program as authorized by Section 15- 4 -2706d of the Consolidated
Incentive Act of 2003; and for other purposes. Staff recommends approval.
M -4. RESOLUTION 12,486 - To certify local government endorsement of Ring Container
Technologies, Inc., located at the Little Rock Industrial Park on Frazier Pike, Little Rock,
Arkansas, to participate in the Arkansas Tax Back Program as authorized by Section 15-4 -
2706d of the Consolidated Incentive Act of 2003; and for other purposes. Staff recommends
approval.
M -5. RESOLUTION 12,487 - To certify local government endorsement of Boyd Metals of
Little Rock, Inc. located at 600 Bond Street, Little Rock, Arkansas, to participate in the
Arkansas Tax Back Program as authorized by Section 15- 4 -2706d of the Consolidated
Incentive Act of 2003; and for other purposes. Staff recommends approval.
M -6. RESOLUTION 12,488 - To authorize the City Manager to approve contracts and
agreements with L.E.G. Enterprises, Inc. for 1 st Tee at University Avenue signal installation
project. Staff recommends approval. Synopsis: Authorizes the City Manager to approve
contracts and agreements with L.E.G Enterprises, Inc. for 1St Tee at University Avenue
signal installation project, Bid Number 07 -215.
M -7. RESOLUTION 12,489 - To appoint Morgan Keegan as bond underwriters for the
proposed issuance of Little Rock, Arkansas Capitol Improvement Revenue Refunding
Bonds, Series 2007; (The Bonds); and providing for other matters in connection with the
issuance of bonds. Staff recommends approval. Synopsis: Adopt a resolution appointing an
underwriter to assist the City in developing and issuing the Capital Improvement Revenue
Refunding Bonds, Series 2007.
M -8. RESOLUTION 12,490 - To appoint Wright, Lindsey and Jennings LLP, as bond
counsel for the proposed issuance of Little Rock, Arkansas Capital Improvement Revenue
Refunding Bonds, Series 2007; (The Bonds); and providing for other matters in connection with
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Little Rock Board of Directors Regular Meeting — Minutes — April 17, 2007
the issuance of bonds. Staff recommends approval. Synopsis: Adopt a resolution appointing
bond counsel to assist the City in issuing the Capital Improvement Revenue Refunding
Bonds, Series 2007.
M -9. RESOLUTION 12,491 - To award a contract to MESA Landscape Architects, Inc., in
the amount of $180,000 to provide architectural and related engineering services for the
construction of a penguin exhibit, authorizing the City Manager to enter into a contract with
MESA Landscape Architects, Inc., for such services; and for other purposes. Staff recommends
approval. Synopsis: This resolution awards a contract to MESA Landscape Architects,
Inc., for architectural and related engineering services for construction of an African
Penguin Exhibit at the Little Rock Zoo; and authorizes the City Manager to enter into a
contract in a form acceptable to the City Attorney in the amount of $180,000 for such
services with MESA Landscape Architects, Inc.
A motion was made by Director Adcock, seconded by Director Hurst, to approve the Consent
Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda (items
1- 8 and M -1 trough M -9) was adopted.
CITIZENS COMMUNICATIONS
Speaker: Luke Skrable
Topic: Asked for better services in the southwest Little Rock area. He also requested better
reporting and tracking of the 3 -1 -1 system to be able to find out the needs in specific areas.
The grouped items were read the first time.
PLANNING AND DEVELOPMENT
GROUPED ITEMS: 9 -10
9. ORDINANCE 19,739 - Z- 4336 -CC — Reclassifying property located within Block 1,
Fitzgerald "s Addition (immediately north of 1520 West 10th Street) from I -2 to 0-2. Planning
Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: Arkansas
Children's Hospital, owner of the 0.11 acre property described as part of Lot 4, Block 1,
Fitzgerald's Addition, is requesting to rezone the property from I -2, Light Industrial
District to 0 -2, Office and Institutional District. The property is located behind 1520 West
10th Street.
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Little Rock Board of Directors Regular Meeting — Minutes — April 17, 2007
10. ORDINANCE 19,740 - Z- 8101 -A — Establishing a Planned Zoning District titled Central
Station Commercial Retail Center Short -Form PCD located on the northwest corner of Daisy
L. Gaston Bates Drive and Martin Luther King Jr. Drive. Planning Commission: 9 ayes, 0 nays,
2 absent. Staff recommends approval. (Related to Item I1). Synopsis: The applicant is
requesting a rezoning of the property located on the northeast corner of Daisy L. Gaston
Bates Drive and Dr. Martin Luther King Jr. Drive, from 0 -3 and C -3 to Planned
Commercial Development (PCD) to allow the development of the site with a two (2) story
structure of approximately 20,000 square feet in area to be developed with office and
commercial uses.
The grouped items consisted of Items 9 and 10. A motion was made by Director Adcock,
seconded by Director Cazort, 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 made the
motion, seconded by Director Cazort, to suspend the rules and place the ordinances on third and
final reading. By unanimous voice vote of the Board Members present, the rules were suspended
and the ordinances were read the third and final time.
A roll call vote was taken and recorded as follows: Directors Hendrix, Richardson, Cazort,
Keck, Wright, Wyrick, Kumpuris, Fortson, Adcock, Vice Mayor Hurst, and Mayor Stodola
voted yes. The ordinances (Items 9 and 10) were passed.
SEPARATE ITEMS: 11
11. ORDINANCE 19,742 - Z -8156 — Reclassifying property from R -2, 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. (Deferred from March 20,
2007) 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.
Item 11 was read the first time. A motion was made by Director Adcock, seconded by
Director Cazort, to suspend the rules and place the ordinance 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 Adcock made the motion, seconded by
Director Hurst, to suspend the rules and place the ordinance on third and final reading. By
unanimous voice vote of the Board Members present, the rules were suspended and the
ordinance was read the third and final time.
Ronnie Lowe, Assistant Public Works Director, read the results from the most recent study from
the area; time had not allowed for one to be done in the past week. Director Adcock requested a
traffic study for the area.
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Little Rock Board of Directors Regular Meeting — Minutes — April 17, 2007
A roll call vote was taken and recorded as follows: Directors Hendrix, Richardson, Cazort,
Keck, Wright, Wyrick, Kumpuris, Fortson, Adcock, Vice Mayor Hurst, and Mayor Stodola
voted yes. The ordinances (Items 11) was passed.
PUBLIC HEARINGS: ITEMS 12 -13
12. PUBLIC HEARING & ORDINANCE 19,741 - G -23 -379 - To abandon a public right -of-
way located in Block 12 of the Centennial Addition and easements within the alley of the right -
of -way. Planning Commission: 9 ayes, 2 absent. Staff recommends approval. Synopsis: The
applicant is requesting the alley located in Block 12 of the Centennial Addition be
abandoned as public right -of -way; including any easements within the area of the alley.
The Mayor opened the public hearing for Item 12 and it was read the first time. There
being no speakers in favor or in opposition of the item. The public hearing was closed.
A motion was made by Director Adcock, seconded by Director Hendrix, to suspend the rules and
place the ordinance 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 Adcock made the motion, seconded by Director Hurst, to suspend the rules and
place the ordinance on third and final reading. By unanimous voice vote of the Board Members
present, the rules were suspended and the ordinance was read the third and final time.
A roll call vote was taken and recorded as follows: Directors Hendrix, Richardson, Cazort,
Keck, Wright, Wyrick, Kumpuris, Fortson, Adcock, Vice Mayor Hurst, and Mayor Stodola
voted yes. The ordinance (Items 12) was passed.
Director Hendrix commented on the success of the development (Item 12) in Ward 1 and asked
Ron Woods to speak on behalf of the development. He thanked the Board for their support.
13. PUBLIC HEARING - To gather citizen comment on the proposed issuance of City of Little
Rock, Arkansas, Sewer Construction Revenue Bonds of up to $67,000,000 for financing
betterments and improvements to the City's sewer system. Synopsis: The public hearing will
be held at 6:00 PM at the Board of Directors Meeting of April 17, 2007.
The public hearing for Item 13 was opened at 6:30 PM. Director Fortson recused from the vote
on Item 13 due to business conflicts, and left the room.
Gene Pfeifer shared his thoughts on the Sanitary Sewer Committee as he compared it to the
Advertising and Promotions Commission. He stated that some of the recommendations made by
the group that reviewed the A &P Commission should also apply to the Sewer Committee; adding
that they need term limits and by -laws. He also made comments about the employment contracts
of two of the Wastewater Utility employees - Reggie Corbitt, CEO, and Don Hamilton, attorney.
Director Adcock asked if any of the bond money would be spent on the basin in southwest Little
Rock or the treatment facility. Hal Anderson, Director of Engineering Services for Wastewater
Utility, responded that the money was for the peak flow attenuation facility in southwest Little
Rock.
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Little Rock Board of Directors Regular Meeting — Minutes — April 17, 2007
Director Hendrix asked if the Board would receive any information regarding the comments
made by Mr. Pfeifer. Tom Carpenter, City attorney, stated that he would send a memo to the
Board in the pony on Friday.
Director Hurst asked the bond counsel to speak to what a deferral of this item would do to the
project. Bond counsel stated that at present contracts could not be awarded until after closing on
June 6; adding that pushing it back would push the awarding of contracts further back and it may
also affect interest rates.
Director Cazort, for the benefit of the new members of the Board, gave a brief summary of the
issues surrounding the sewer construction projects and suggested that the Board move forward
on the issue.
Director Keck and Director Wright suggested that all of the Boards and Commissions be
reviewed.
Patrick Miller, chairman of Sanitary Sewer Committee, defended the committee, stating that they
have federal mandates and are in compliance. He stated that he was offended by comments
made by Mr. Pfeifer. He also asked that there be no further delays; this would cause the City to
be out of compliance with federal mandates.
The Mayor requested an update on the impact fee study of the sewer rates. Reggie Corbitt stated
that the RFQ was presently under construction.
Mr. Pfeifer was recognized to speak again, adding to his comments that he was pleased that the
Board had been alerted to issues within the Sanitary Sewer Committee and appealed to the Board
again to look into the committee. In response, Reggie Corbitt stated that the sewer committee
has had by -laws since before he had been employed there in 1984.
The Mayor added that the Board would review the appointment process and operations of the
Boards and Commissions.
The Public Hearing was closed.
OTHER BUSINESS
14. RESOLUTION 12,500 - To authorize 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 issuance of up to $67,000,000 of Sewer Construction Revenue Bonds, Series
2007A.
The resolution (Item 14) was read. A motion was made by Director Keck, seconded by Director
Cazort, to adopt the resolution.
A roll call vote was taken and recorded as follows: Directors Richardson, Cazort, Keck, Wright,
Kumpuris, Vice Mayor Hurst, and Mayor Stodola voted yes. Directors Hendrix, Wyrick, and
Adcock voted no. Director Fortson recused. The resolution (Items 14) was adopted.
Board of Directors Updates and Requests:
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Little Rock Board of Directors Regular Meeting — Minutes — April 17, 2007
Director Richardson asked for more publicity for the City's designation as one of the "100 Best
Communities for Young People. " Mayor Stodola added that Little Rock had recently been
named one of the "Dozen Distinctive Cities. "
Director Keck asked staff to look at some of the good things the City has accomplished and to
apply for some of the National League of Cities annual awards.
Director Kumpuris, referred to the letter from Sid Rosenbaum, regarding $1.2 million
appropriated by the legislature to the City of Little Rock. He asked about the logistics of the
requested meeting. Bruce Moore, City Manager, reported that a "Thank You" luncheon has been
scheduled for Thursday, May 10. All Board members are invited to meet with the State
Representatives to go over the funding strategies.
Mayor Stodola stated that he had attended a workshop on the issue of homeless day centers that
was hosted by the Arkansas Chapter of the American Institute of Architects. He was happy to
report that City staff was moving forward with the issues of locating a site for the homeless day
center. He also encouraged the Board members to attend the National League of Cities seminar
entitled "The Price of'Government" to be held in Little Rock on April 26. He invited the Board
and the public to the "State of the City" address at noon on May 1 at Curran Hall. He ended with
the announcement that CATA would be holding a press conference on May 14 regarding their
intent to install bike racks on all of the buses and that he would be riding his bicycle to the press
conference.
Director Cazort, 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 recessed at 7:05 PM, to be reconvened at 4:00 PM on May 8, 2007.
ATTEST:
Nan y Woody MC
City Jerk
APPROVED:
Mark Stodola
Mayor
E