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04-07-09Little Rock Board of Directors Meeting April 7, 2009 4:00 P.M. MINUTES BOARD OF DIRECTORS RECONVENED MEETING City Hall — 500 W. Markham April 7, 2009 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 Director Dean Kumpuris gave the invocation. The following Directors present: Hendrix; Richardson; Adcock; Keck; Hurst; Wyrick; Wright; Cazort; Kumpuris; Vice Mayor Fortson; and Mayor Stodola. Mayor Stodola asked the Board to consider the modifications to the agenda. A motion was made by Director Adcock seconded by Director Hurst to add Item M -1 to the Consent Agenda and to defer Items 9 and 10 to April 21, 2009. By unanimous voice vote of the Board Members present, the modifications were made. The addition consisted of the following item: M -1. RESOLUTION NO. 12,956 - To authorize the granting of an easement in the right -of -way to Entergy Corporation to deliver electrical power necessary for the construction and eventual operation of the peak flow equalization basin; to authorize the Mayor to sign a right -of -way instrument; and for the purposes. staff recommends approval. Synopsis: Authorizes the Mayor to sign a Right -of -Way Instrument to Entergy Corporation so they can get electrical power to the peak flow equalization basin. The following two items were deferred to April 21, 2009. Mr. Moore said there was an additional item to add to the housekeeping items, and that Director Adcock and Tracey Roark, Animal Services Manager, would like to take to the Animal Services Advisory Board next week for endorsement, and then bring back to the Board on April 21, 2009. 9. ORDINANCE — (Deferred to April 21, 2009) to amend and clarify Little Rock, Arkansas Revised Code, Chapter 6, Article I (1988); and for other purposes. Staff recommends approval. Synopsis: General housekeeping review of Little Rock, Ark. Rev. Code Chapter 6, Article I identified several provisions that need correction or clarification. The proposed ordinance provides for those corrections and needed clarification. 10. ORDINANCE — (Defer to April 21, 2009) - To amend and clarify Little Rock, Arkansas Revised Code, Chapter 6, Article II (1988); and for other purposes. Staff recommends approval. Synopsis: General housekeeping review of Little Rock, Ark. Rev. Code Chapter 6, Article II identified several provisions that need correction, clarification, or reorganization. The proposed ordinance provides for those needed changes. The presentations were: Little Rock Zoo Bird Show Presentation Neighborhood Leadership Academy Graduation Little Rock Board of Directors Meeting April 7, 2009 4:00 P.M. The Consent Agenda consisted of Items 1 -8 and Item M -1. 1. MOTION - To approve minutes of the Little Rock Board of Directors Meeting of December 22, 2008. 2. MOTION - Z -8427 - To set the date of public hearing for April 21, 2009, to appeal the Planning Commissions denial of the Conditional Use Permit at 6208 Red Bud Lane. Planning Commission: 0 ayes, 8 nays, 3 absent. Staff recommends approval. Synopsis: American Tower Corporation is appealing the Planning Commission's denial of a tower use permit to allow a 300 -foot tall, self - supporting tower on the R -2 zoned property located at 6208 Red Bud Lane. 3. RESOLUTION NO. 12,957 - Authorizing the City Manager to approve contracts and agreements in with B. C. Main Construction Company, Inc., for Bankhead Drive culvert replacement. Staff recommends approval. Synopsis: Authorizing the City Manager to approve contracts and agreements with B. C. Main Construction Company, Inc., for Bankhead Drive culvert replacement. Bid No. 09 -215. 4. RESOLUTION NO. 12,958 - Authorizing the City Manager to approve contracts and agreements with Township Builders, Inc., for Izard Street drainage improvements (Capitol Avenue to 7th Street). Staff recommends approval. Synopsis: Authorizing the City Manager to approve contracts and agreements with Township Builders, Inc., for Izard Street drainage improvements (Capitol Avenue to 7th Street). Bid No. 09 -214. The amount is $195,345.70 ($177,587.00, plus 10% contingencies). 5. RESOLUTION NO. 12,959 - To authorize the City Manager to execute a franchise for encroachments in the right -of -way along a portion of Izard Street and West Capitol Avenue, adjacent to the property at 900 West Capitol Avenue in the City of Little Rock, Arkansas, to Capitol Avenue Properties, LLC; and for other purposes. Staffrecommends approval. Synopsis: The resolution authorizes the City Manager to execute documents in a form acceptable to the City Attorney to allow certain encroachments in City right -of -way located on Capitol Avenue and Izard Street adjacent to property at 900 West Capitol Avenue. 6. RESOLUTION NO. 12,960 - To authorize the use of eminent domain for the acquisition of right -of -way for the Vimy Ridge and Alexander Road signal. Staff recommends approval. Synopsis: Authorizes the City Manager to use eminent domain for the acquisition of right -of -way for the Vimy Ridge and Alexander Signal Project. 7. RESOLUTION NO. 12,961 - To enter into an agreement with the Little Rock Airport Commission to establish an Airport Enhancement Fund; to manage and distribute monies from that fund; and for other purposes. Staffrecommends approval. Synopsis: This resolution authorizes the creation of an Airport Enhancement Fund to receive monies from current leases of airport property. 8. RESOLUTION NO. 12,962 - To approve the uses of 2007 and 2008 HOME Investment Partners Program funds. Staffrecommends approval. Little Rock Board of Directors Meeting April 7, 2009 4:00 P.M. The Consent Agenda consisting of Items 1 -8 and Item M -1 was read. A motion was made by Director Keck seconded by Director Cazort to adopt the Consent Agenda consisting of Items 1 -8 and Item M -1. By unanimous voice vote of the Board Members present, the Consent Agenda was adopted. The Grouped Items consisted of Items 9 -12. 9. ORDINANCE NO. - To amend and clarify Little Rock, Arkansas Revised Code, Chapter 6, Article I (1988); and for other purposes. Staffrecommends approval. Synopsis: General housekeeping review of Little Rock, Ark. Rev. Code Chapter 6, Article I identified several provisions that need correction or clarification. The proposed ordinance provides for those corrections and needed clarification. 10. ORDINANCE NO. (Deferred to 4- 21 -09) - To amend and clarify Little Rock, Arkansas Revised Code, Chapter 6, Article II (1988); and for other purposes. staff recommends approval. Synopsis: General housekeeping review of Little Rock, Ark. Rev. Code Chapter 6, Article II identified several provisions that need correction, clarification, or reorganization. The proposed ordinance provides for those needed changes. 11. ORDINANCE NO. 20,095 - To amend Little Rock Arkansas Revised Code — 2 -243 (1988) to recognize abstract and real estate title services as a professional service for the City of Little Rock, Arkansas, and for its various Boards and Commissions; and for other purposes. Staffrecommends approval. The ordinance was read the first time. A motion was made by Director Adcock, seconded by Director Cazort to suspend the rules and place the item 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. A motion was made by Director Adcock, seconded by Director Cazort to suspend the rules and place the item 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. By unanimous voice vote of the Board Members present being two - thirds in number the ordinance was passed. 12. PUBLIC HEARING -For public comment on the proposed expenditures from the Edward Byrne Justice Assistance Grant; to authorize the City to sign the necessary agreements with Pulaski County, North Little Rock, Jacksonville, Sherwood and Maumelle, to participate in the Recovery Act Edward Byrne Justice Assistance Grant; and for other purposes. Staffrecommends approval. Little Rock Police Chief Thomas overviewed the grant saying that the City of Little Rock's grant share would be 1.9 million dollars. The City of Little Rock will administer the grant for the entire county. Each entity is submitting their list of spending. He stated that the bulk of the grant would be spent on information technology; that the City is still using a system software form 1990 which does not integrate with the FBI, other agencies, or with the Arkansas Crime Information Center. The new system will allow linkage, mapping and sharing of data with the FBI and other agencies. In review expenses would include 1.6 million dollars dedicated to a new records management system, $200,000 for a programmer using a three year window, $300,000 for connectivity to the new Mid -town Little Rock Board of Directors Meeting April 7, 2009 4:00 P.M. substation, and $200,000 to replace high mileage vehicles with more fuel efficient models to be used by the detective division. He said this is consistent with the spending plans of the other agencies and requested approval of plan and approval to proceed. Director Hendrix asked if this information had been sent out to the board previous to this meeting. Mr. Moore, City Manager, said it was sent yesterday. Mr. Moore said this is on a quick turnaround; that agreements have to be into the State next week. He said that there are certain requirements the administration have put out to have public hearings. He stated he would get the information out to the Board as soon as he receives it. Director Cazort asked what format the Board would use to approve the grant. Mayor Stodola stated that he would be asking for a Motion to approve. He stated that this grant is virtually a twenty year ramp up for the police department to enable them to do a smarter, better job, to get information more quickly to help in solving crimes. Mayor Stodola closed the public hearing. Director Adcock made a motion, seconded by Director Hurst to approve. Mayor Stodola stated there is a motion to authorize the City to sign agreements with the respective government entities of Pulaski County to move forward with the Memorandum of Understanding of the justice assistance grant money. By unanimous voice vote of the Board Members present, the motion carried, and authorization was approved. Director Kumpuris and Vice Mayor Fortson had some concerns of possible additional costs associated with some of the grants, in particular the COPS grant where there would be an obligation for raises, benefits, etc, associated with these employees. Both directors asked that once these are in place that an analysis of future cost that might be associated with any of the grants, so that the Board would be prepared, as these situations may arise. Director Kumpuris suggested putting a little aside each year, rather than waiting until the last year, and if no costs arose, then that money could be used for something else. 13. REPORT - City of Little Rock Financial Report — Sara Lenehan, Finance Director There was no one present to speak during Citizens Communications. 14. EXECUTIVE SESSION - Annual evaluations of the City Manager and City Attorney. Director Cazort made a motion, second by Director Richardson to go into executive session to make appointments to the various Boards and Commissions and to discuss the evaluations of the City Manager and City Attorney. By unanimous voice vote of the Board Members present the meeting was recessed. 15. EXECUTIVE SESSION & RESOLUTION NO. 12,963 — To make appointments to various City of Little Rock Boards and Commissions. Synopsis: Little Rock Animal Services Advisory Board (1 Position) Board of Adjustment (1 Position); Community Housing Little Rock Board of Directors Meeting April 7, 2009 4:00 P.M. Advisory Board (3 Positions); Construction Board of Appeals (3 Positions); and Racial and Cultural Diversity Commission (8 Positions) The nominations and appointments were as follows: Animal Services Advisory Board: Maggie Smith appointment to an unexpired term, expiring November 28, 2009. The Board of Adjustment: Leslie Greenwood appointment to a 1St term expiring February 19, 2012, replacing Terry Burruss, term expiring February 19, 2009 Community Housing Advisory Board: Russ Martin, appointment to a 1St term expiring June w, 2012; replacing Mark Ross, term expiring June 6, 2009. Racial Cultural Diversity Commission: Charles Armstrong (Little rock School Board Representative) appointment to a 1St term expiring March 31, 2012. Odessa Darrough (Ward 2) appointment to a 2 term expiring March 31, 2012 Debby Murphy (Ward 5), 1St term expiring March 31, 2012; replacing Pablo Moncho, whose term expired March 31, 2009. Albert Smith (Ward 6), 1St term expiring March 31, 2012; replacing Youmna El- Sabaa; term expiring March 31, 2009. Civil Service Commission: Jessie Rancifer, appointment to a 2nd term expiring April 1, 2013. Various motions and seconds were made to accept each appointment, and by unanimous voice vote of the Board members present, the Board appointments were made. Mayor Stodola announced that the evaluation for the City Manager had been completed, and the recommendation was to give the City Manager, Bruce Moore, a three percent raise retroactive back to January of 2009. He announced they did not do the evaluation of the City Attorney, and would be recessing this meeting until next week for that purpose. Little Rock Board of Directors Meeting April 7, 2009 4:00 P.M. He thanked Mr. Moore for his hard work and dedication and stated he and the Board would be looking at the goals Mr. Moore had set for himself and for his departments. Director Keck made the motion to accept the recommendation; Director Richardson seconded the motion. By unanimous vice vote of the Board Members present, the motion carried. A motion was made by Director Cazort, seconded by Director Richardson to recess the meeting until April 14, 2009, for the purpose of taking up the evaluation of the City Attorney. By unanimous voice vote of the Board members present, the meeting was recess at 11:30 P.M. ATTEST: APPROVE: Susan L g ding City Clerk Mark Stodola,