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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. 2 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 3 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 4 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. 5 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. 2 Y 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. 7 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: 8 i 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