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05-15-07Little Rock Board of Directors Meeting — Minutes — May 15, 2007 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham May 15, 2007 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in a regular session with Mayor Stodola presiding. Nancy Wood, City Clerk, called the roll with the following directors present: Hendrix, Keck, Wright, Fortson, Adcock, and Vice Mayor Hurst, and Mayor Stodola. Director Kumpuris was not present at the time of roll call but enrolled in the meeting at 6:08 PM. Director Cazort was attending a meeting in Hot Springs and enrolled in the meeting at 6:18 PM. Director Richardson was absent. Director Wright gave the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS: Proclamation - Keep Little Rock Beautiful (May 15, 2007) — Nash Abrams, Chair Proclamation Whereas, Keep America Beautiful, Inc., is a national nonprofit organization dedicated to helping individuals improve their community environments, celebrated its 50``' Anniversary in 2003, and has established the Great American Cleanup"' as its signature national effort for involving American citizens in environmental stewardship; Whereas, Keep America Beautiful's Great American Cleanup, is celebrating its 22nd Anniversary in 2007, featuring over 2 million volunteers participating in over 30,000 events in over 15,000 communities in all 50 states; Whereas, the President George W. Bush and Mrs. Laura Bush have recognized the important commitment to improve American communities through litter prevention, beautification and solid waste management initiatives, thereby assuming the title of Honorary Chairs of Keep America Beautiful's Great American Cleanup, to help spread the word about the importance of volunteerism and motivate millions nationwide to become stewards of the environment; Now, therefore, 1, Mayor Mark Stodola do hereby proclaim this April Keep America Beautiful's Great American Cleanup7m month and call upon our citizens to join in activities that promote responsible environmental stewardship and help us renew our commitment to building a better world today and for future generations. So declared on this 15'" day of May 2007. Signature Mayor Mark Stodola Ruby Jeffries, South End Neighborhood Association, per Director Hendrix's request, spoke about the neighborhood cleanup that took place in Ward 1 on May 24, 2007. They highlighted the use of juveniles under the order of the court to get many of their neighborhood jobs completed. Mayor Stodola asked the Board to review the proposed modifications to the agenda. Little Rock Board of Directors Meeting — Minutes — May 15, 2007 MODIFICATIONS DEFERRALS 18. ORDINANCE - To amend Article I of Chapter 6 of the Little Rock Code of Ordinances of the City of Little Rock, Arkansas, entitled Animals; to make nuisance animal trapping measures consistent with the Arkansas Game and Fish Commission Regulations. Staff recommends approval. Synopsis: Amends Article I of Chapter 6 of the Little Rock Code of Ordinances entitled Animals; to expand trapping control methods in the City, to make it consistent with the Arkansas Game and Fish Commission Regulations regarding nuisance animals such as beaver, nutria, moles, gophers, muskrat and skunks. A motion was made by Director Wyrick, seconded by Director Hurst, to defer Item 18. By unanimous voice vote of the Board members present, being two - thirds in number, Item 18 was deferred. Directors Richardson and Cazort were absent. 22. PUBLIC HEARING AND ORDINANCE - Applicant has requested to defer for thirty (30) days - LU06 -19 -07 — To appeal the Planning Commission's denial of the Land Use Plan Amendment in the Chenal District from Single - Family to Neighborhood Commercial. Planning Commission: 5 ayes, 4 nays, 2 absent. Staff recommends denial. Synopsis: Changing an area on either side of Kanis Road, east of Denny Road from Single- Family to Neighborhood Commercial. A motion was made by Director Adcock, seconded by Director Hurst, to defer Item 22. By unanimous voice vote of the Board members present, being two - thirds in number, Item 22 was deferred. Directors Richardson and Cazort were absent. Bruce Moore, City Manager, per request of Director Richardson, asked the Board to consider deferral of the governance discussion. A motion was made by Director Adcock, seconded by Director Hurst, to defer Item 23 to a reconvened meeting on May 29, 2007 for discussion purposes. By unanimous voice vote of the Board members present, being two - thirds in number, Item 23 was deferred. Directors Richardson and Cazort were absent. Mayor Stodola requested that the appointments to the Boards and Commissions be deferred because of the absence of the two Board Members. A motion was made by Director Keck, seconded by Director Adcock, to defer Item 24 to the reconvened meeting on May 29, 2007. By unanimous voice vote of the Board members present, being two - thirds in number, Item 24 was deferred. Directors Richardson and Cazort were absent. Mayor Stodola called for the reading of the consent agenda 2 Little Rock Board of Directors Meeting — Minutes — May 15, 2007 Consent Agenda (Items 1 - 8) 1. MOTION - To approve minutes of Board of Directors Meeting: April 17, 2007.2. RESOLUTION 12,514 - G -23 -386 - To set the date of public hearing for June 5, 2007, on a request to abandon a portion of Cobb and Zion Streets and an alley located within Block 81 of the John Barrow Addition to be abandoned as a public right -of -way. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: A request to abandon a portion of Cobb and Zion Streets and an alley located within Block 81 of the John Barrow Addition to be abandoned as a public right -of -way. 3. RESOLUTION 12,515 - To authorize the City Manager to enter into a contract with Xtrication Extreme, LLC in the amount of $148,799 to purchase seven (7) sets of Hydraulic Rescue Tools for the Little Rock Fire Department. Staff recommends approval. Synopsis: The Little Rock Fire Department is requesting approval to authorize the City Manager to approve the purchase of seven (7) sets of Hydraulic Rescue Tools from Xtrication Xtreme, LLC. 4. RESOLUTION 12,516 - To authorize the City Manager to enter into an agreement with The Active Network in the amount of $185,000 to provide a customer and data software /hardware package for the Little Rock Parks and Recreation Department. Staff recommends approval. Synopsis: The Little Rock Parks and Recreation Department has requested proposals for a qualified software organization to provide services related to all aspects of customer and data management. This software /hardware will be utilized at each community center, fitness center, senior center, golf course, tennis center and the main administrative office within the organization. 5. RESOLUTION 12,517 - To authorize the City Manager to enter into a contract with H &E Equipment Company in the amount of $592,000 for the purchase of two (2) Komatsu Articulated Dump Trucks. Staff* recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with H &E Equipment Company in the amount of $592,000 for the purchase of two (2) Komatsu Articulated Dump Trucks. 6. RESOLUTION 12,518 - To authorize the City Manager to enter into a one (1) year lease, with the option to extend for two (2) additional years, with E -Z Go a Textron Company, in the amount of $132,876 per year. Staff recommends approval. Synopsis: A resolution authorizing the City Manager to enter into a one (1) year lease, with the option to extend for two (2) additional years, with E -Z Go a Textron Company, the low bidder, in the amount of $132,876 per year, for one hundred and forty -seven (147) electric golf carts, fifteen (15) gas golf carts, five (5) utility carts, one (1) ball picker gas utility cart, and one (1) concession /refreshment utility cart. 7. RESOLUTION 12,519 - To authorize the City Manager to enter into a contract with North Point Ford in the amount of $994,350 for the purchase of thirty -five (35) pursuit rated police cars. Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to purchase thirty -five (35) pursuit police cars. Bid Number 7228. 3 Little Rock Board of Directors Meeting — Minutes — May 15, 2007 8. RESOLUTION 12,520 - Adopting a new Investment Policy for the City of Little Rock, Arkansas; repealing Resolution Number 10,609; and for other purposes. Staff recommends approval. Synopsis: The resolution updates the investment policy of the City of Little Rock, Arkansas. A motion was made by Director Adcock, seconded by Director Hurst, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda was adopted. Directors Richardson and Cazort were absent. Mayor Stodola noted that Director Cazort had arrived and asked that Item 21 be moved to the next item on the agenda so that Director Cazort could participate and then leave the meeting early to conduct other business. 21. ORDINANCE 19,746 - Authorizing the construction of betterments and improvements to the sewer system of the City of Little Rock, Arkansas; authorizing the issuance and sale of Sewer Construction Revenue Bonds, Series 2007A; providing for the payment of the principal and inertest on the bonds; and prescribing other matters relating thereto. (1St Reading held on May 1,2007)(2 "d Reading held on May 8, 2007). Staff recommends approval. Item 21 was read the third time. Director Fortson recused from the item and left the room for discussion. A roll call vote was taken and recorded as follows: Directors Cazort, Keck, Wright, Kumpuris, Vice Mayor Hurst, and Mayor Stodola voted yes. Directors Wyrick and Adcock voted no. Director Hendrix abstained. Director Fortson recused. Director Richardson was absent. The ordinance (Item 21) was passed. Director Cazort left the meeting after the vote on Item 21. PLANNING & DEVELOPMENT GROUPED ITEMS (ITEMS 9 —18) 9. ORDINANCE 19,747 - Z- 5096 -C - Amending Ordinance Number 16,908 and revoking a portion of a Planned Zoning District titled Brodie Creek Long -Form PR -D Revocation, located south of Kanis Road and east of Kirby Road, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant requests that the existing PD -R zoning be revoked and the property revert to the originally zoned R -2, Single- Family Zoning District. 10. ORDINANCE 19,748 - Z- 4116 -B - Approving a Planned Zoning Development and establishing a Planned Industrial District titled ECCO Development Corporation Revised Long -Form PD -I, located at 8300 Kellett Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas ; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The request is to revise the previously approved PD -1 to allow a new owner to operate a welding business/barge repair from this site. All previously imposed conditions continue to apply to future development of the site. 2 Little Rock Board of Directors Meeting — Minutes — May 15, 2007 11. ORDINANCE 19,749 - Z- 5936 -H — Approving a Planned Zoning Development and establishing a Planned Residential District titled Chenal Condo's Short -Form PD -R, located on the northwest corner of Rahling Road and Chenal Parkway, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The proposal includes rezoning of this site from MF -18 to PD -R to allow the construction of six buildings of condominium housing, each three (3) stories in height and a total of seventy -two (72) units, resulting in a density of 15.3 units per acre. 12. ORDINANCE 19,750 - Z- 7696 -A — Approving a Planned Zoning Development and establishing a Planned Commercial District titled Carter Revised Short -Form PCD, located at 3510 Baseline 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 seeking an amendment to a previously approved PCD to expand the allowable uses for the site to include 0-3, General Office District uses, and a daycare center. 13. ORDINANCE 19,751 - Z -8179 — Approving a Planned Zoning Development and establishing a Planned Office District titled Hunt Short -Form PD -O, located at 17319 Crystal Valley Road, Pulaski County, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The applicant is seeking a rezoning of this site from R -2, Single - Family to PD -O, to recognize an existing office use on the site. 14. ORDINANCE 19,752 - Z -8192 — Approving a Planned Zoning Development and establishing a Planned Office District titled Mary Williams Masonic Lodge 307 Short -Form, Pulaski County, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, 1 absent. Staff recommends approval. Synopsis: The applicant is seeking a rezoning of this site from R -2, Single - Family to PD -O, to recognize an existing lodge use. 15. ORDINANCE 19,753 - Z- 4541 -A — Approving a Planned Zoning Development and establishing a Planned Commercial District titled First Presbyterian Church of Arkansas Short -Form, PCD, located at 4821 South University Avenue, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The request includes a rezoning from C -3, General Commercial District and C -4, Open Display District to PCD, to allow an existing church to construct a new church sanctuary, residential units, and a multi - purpose facility. 16. ORDINANCE 19,754 - Amending the Midtown Overlay District pursuant to the Design Overlay Authority of Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and for other matters. Planning Commission: 9 ayes, 0 nays, 1 recusal, 1 absent. Staff recommends approval. Synopsis: Modifications to the Midtown Design Overlay District, including expansion of the area, change in appeal process, and additional design requirements. 5 Little Rock Board of Directors Meeting — Minutes — May 15, 2007 17. ORDINANCE 199755 - To amend Chapter 23 of the Code of Ordinances of the City of Little Rock, Arkansas, pertaining to Historic Preservation; and for other purposes. Staff recommends approval. Synopsis: The Historic District Commission is forwarding to the Board of Directors a proposed package of various amendments to Chapter 23 of the Code of Ordinances of the City of Little Rock, Arkansas; the Historic District Preservation Ordinance. The major change to the ordinance is to reorganize its parts into divisions that relate and flow in a more logical manner. 18. ORDINANCE — Deferred - To amend Article I of Chapter 6 of the Little Rock Code of Ordinances of the City of Little Rock, Arkansas, entitled Animals; to make nuisance animal trapping measures consistent with the Arkansas Game and Fish Commission Regulations. Staff recommends approval. Synopsis: Amends Article I of Chapter 6 of the Little Rock Code of Ordinances entitled Animals; to expand trapping control methods in the City, to make it consistent with the Arkansas Game and Fish Commission Regulations regarding nuisance animals such as beaver, nutria, moles, gophers, muskrat and skunks. John Douglas, was present to speak in favor of Item 14, but chose not to speak. The ordinances were read the first time. Director Adcock, seconded by Director Hurst, made a motion to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock, seconded by Director Hurst, made a motion to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the third time. By unanimous voice vote of the Board members present the grouped items (Items 9 -17) were passed. Directors Richardson and Cazort were absent. SEPARATE ITEMS (ITEMS 19 — 21) 19. ORDINANCE 199756 - Z- 6120 -N — Approving a Planned Zoning Development and establishing a Planned Residential District titled Tract C Capital Lakes Estates Long -Form PD -R, located on the southeast corner of Capitol Hills Boulevard and Rushmore Avenue, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. Synopsis: The request is to rezone 9.45 acres from R -2 to PD -R to allow the creation of forty -six (46) patio home lots. The ordinance was read the first time. Director Adcock, seconded by Director Hurst, made a motion 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. 0 Little Rock Board of Directors Meeting — Minutes — May 15, 2007 Steve Haralson, Director of Public Works, answered questions in regard to the progress of the infrastructure the developer had previously promised to build. It was reported that no deficiencies were found. Director Adcock, seconded by Director Hurst, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors Keck, Wright, Wyrick, Kumpuris, Fortson, Adcock, Hendrix, Vice Mayor Hurst, and Mayor Stodola voted yes. Directors Richardson and Cazort were absent. The ordinance (Item 18) was passed. 20. ORDINANCE — Held on second reading and sent back to the Planning Commission - Z- 4562 -E — Approving a Planned Zoning Development and establishing a Planned Residential District titled Hickory Grove Revised PD -R, located on Hinson Road at Dorado Beach Drive, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes, 3 nay. Staff recommends denial. Synopsis: The applicant is proposing an amendment to the previously approved PD -R, to allow a time extension from June 2007 to June 2008, for the construction for Dorado Beach Drive. The ordinance was read the first time. Director Adcock, seconded by Director Hurst, made a motion 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, seconded by Director Keck, made a motion to suspend the rules and place the ordinance on third reading. Tony Bozynski, Director of Planning, gave a brief presentation on the application and stood for questions from the Board. There was a misunderstanding regarding the time the developer had to construct the road (Dorado Beach to Hinson). Staff thought the problem had been corrected and would be completed by December 2007; the original completion date was June 2007. After that time a request came from the developer to extend that time for completion for 12 months to June 2008. Prior to the meeting tonight a report was submitted by the developer that indicated that the project could be complete by March 2008. Staff changed its recommendation to from denial to approval based on the March 2008 completion date. Director Keck asked would guarantees the Board had for assuring the developer follow through on his commitments. Mr. Bozynski indicated that building permits could be withheld. The City Attorney added that violation of the ordinance could cause the applicant to be sited and fined. Frank Riggins, engineer for the applicant, added that the intention was to proceed with the project and that the applicant merely needed an extension to complete Phase Three of the project. The City Attorney asked the Board to defer the vote on this item until the May 29, 2007, reconvene meeting. V/ Little Rock Board of Directors Meeting — Minutes — May 15, 2007 Danny Broaddrick, spoke in opposition of the application, on behalf of the residents of Valley Park Drive that live between Pebble Beach and Dorado Beach. His major issue being traffic flow and dissatisfaction of the time schedule for finishing the road. After Mr. Broaddrick's comment, the Board entered into a lengthy discussion regarding why the road has not been built and clarity on when the road can be built and what the next steps should be for the Board and developer. Director Hurst, seconded by Director Wyrick, made a motion to send the item (Item 20) back to the Planning Commission. By unanimous voice vote of the Board members present, being two - thirds in number, Item 20 was sent back to the Planning Commission. Directors Richardson and Cazort were absent. Director Keck, seconded Hendrix, made the motion to expunge the vote on the third reading. This should be done to hold the item on second reading so that when it came back from the Planning Commission, if needed, it could be amended. By unanimous voice vote of the Board members present, being two - thirds in number, the vote was expunged. Directors Richardson and Cazort were absent. 21. ORDINANCE 19,746 - Authorizing the construction of betterments and improvements to the sewer system of the City of Little Rock, Arkansas; authorizing the issuance and sale of Sewer Construction Revenue Bonds, Series 2007A; providing for the payment of the principal and inertest on the bonds; and prescribing other matters relating thereto. (1St Reading held on May 1,2007)(2 nd Reading held on May 8, 2007). Staff recommends approval. PUBLIC HEARING 22. PUBLIC HEARING AND ORDINANCE - Applicant has requested to defer for thirty (30) days - LU06 -19 -07 — To appeal the Planning Commission's denial of the Land Use Plan Amendment in the Chenal District from Single - Family to Neighborhood Commercial. Planning Commission: 5 ayes, 4 nays, 2 absent. Staff recommends denial. Synopsis: Changing an area on either side of Kanis Road, east of Denny Road from Single - Family to Neighborhood Commercial. OTHER BUSINESS 23. ORDINANCE — Deferred to May 29 - To grant additional duties and authorities to the directly elected Mayor; to call an election on whether to grant these duties and authorities to the directly elected Mayor; to call an election on the issue of whether the directly elected Mayor should have veto authority; to declare an emergency; and for other purposes. 0 Little Rock Board of Directors Meeting — Minutes — May 15, 2007 24. EXECUTIVE SESSION AND RESOLUTION - Deferred to May 29 - To make appointments to various City of Little Rock Boards and Commissions. (May 15, 2007). Synopsis: Civil Service Commission (2 positions), Community Housing Advisory Board (4 positions), Housing Board of Adjustment and Appeals (1 position), Oakland Fraternal Cemetery Board of Trustees (6 positions), Port Authority (1 Position), Little Rock Racial Cultural Diversity Commission (1 position). CITIZENS COMMUNICATIONS Speaker: Lisa TwoRivers Topic: Requested the same exception in the ordinances for livestock as potbelly pigs for pygmy goats. Pygmy goats are pets and not livestock because there is not production of profit. She stated that the pygmy goats are much small, quieter than most dogs, and have less problems with parasites. She sited an educational article written by Polly Ward, a goat breeder in Ohio. She requested a grandfather clause in the event that there is no ordinance change. Speaker: Raven TwoRivers Topic: She requested a variance for the Pygmy goats. Speaker: Noel Washington Topic: Asked the Board about the findings for the committee to study the impact of the Hamburger Tax. He had specific questions in regard to the money collected and how expended. He also asked for a copy of the report. He also complained about the traffic caused by the club on the corner of Wright Avenue and Martin Luther King Drive. He also stated that he felt like they were violating capacity laws. Director Fortson requested that the City Manager give the Board a report on pit bull encounters in the City of Little Rock. Director Adcock reported that the Animal Services Advisory Board is reviewing the pit bull issue. A motion was made by Director Keck, seconded by Director Hurst to recess the meeting and reconvene on May 29, 2007 at 4:00 PM. By unanimous voice vote of the Board members present, the meeting was recessed at 7:40 PM. ATTEST: Na cy Wo , CMC Ci - Clerk` 1 APPROVED: Mark Stodola Mayor