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