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08-18-09Little Rock Board of Directors Meeting August 18, 2009 6:00 PM Little Rock Board of Directors Meeting August 18, 2009 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting with Mayor Mark Stodola presiding. Acting City Cleric Susan Langley called the roll with the following Directors present: Hendrix; Richardson; Hurst; Cazort; Wright; Wyrick; Adcock; Vice Mayor Fortson; and Mayor Stodola. Directors Keck and Kumpuris were absent. Vice Mayor Fortson delivered the invocation, which was followed by the Pledge of Allegiance. Mayor Stodola recognized Boy Scout Troop 27 who were in attendance at the Board Meeting earning the Citizenship in the Community Merit Badge. MODIFICATIONS PRESENTATION Camp Sunshine: Little Rock Fire Department Captain Richard Morehead gave an update regarding the 2009 Community Service Awards. Captain Morehead reported that IAFF Local 34 had raised $32,000 this year for Camp Sunshine. Captain Morehead reported that IAFF Local 34 had raised $44,001 this year for the Muscular Dystrophy Association through the Fill the Boot Campaign. M -l. RESOLUTION NO. 13,016: To authorize the Mayor and City Clerk to execute a quitclaim deed to Greenleaf Holdings, LLC; and for other purposes. Synopsis: Authorizes the Mayor and City Clerk to execute a quitclaim deed and any other documents necessary to transfer any property that may have been conveyed by Greenleaf Holdings to the City of Little Rock in error through a warranty deed filed June 2, 2004. M -2. ORDINANCE NO. 20,148: To amend Little Rock, Arkansas, Revised Code §2- 243 to recognize Broadband Services Provider as a professional service for the City of Little Rock, Arkansas, and for its various Boards and Commissions; and for other purposes. Staff recommends approval. Synopsis: Declares Broadband Services Provider as a professional service. As a result, when the City needs to obtain such services, it can do so with the entity that provides services which will be the best for the City's needs, and not just the services offered at the lowest cost. A mere cost basis for broadband services does not necessarily mean the City will receive the best compatible service. 1 Little Rock Board of Directors Meeting August 18, 2009 6:00 PM DEFERRAL 16. EXECUTIVE SESSION: Appointments to various City of Little Rock Boards and Commissions. (Deferred from July 28, 2009) (Deferred to September 1, 2009) Synopsis: Advertising & Promotion Commission (1 Position); Ambulance Authority (3 Positions); Arts & Culture Commission (4 Positions); Community Housing Advisory Board (6 Positions); Construction Board of Adjustment and Appeal (4 Positions); Historic District Commission (1 Position); Little Rock Port Authority (1 Position); Little Rock Sanitary Sewer Committee (2 Positions); Oakland Fraternal Cemetery Board (2 Positions); Racial Cultural Diversity Commission (1 Position); River Market District Design Review Committee (2 Positions); and Sister Cities Commission (1 Position). Director Cazort made the motion, seconded by Director Richardson, to add the presentation to the agenda, to add M -1 to the Consent Agenda, to add M -2 to the Grouped Items and to defer Item 16 until September 1, 2009. By unanimous voice vote of the Board Members present, the motion passed. CONSENT AGENDA (Items 1 - 4) 1. RESOLUTION NO. 13,010: To set September 1, 2009, as the date of hearing on the petition to abandon a portion of Fair Park Boulevard, South Taylor Street, Maryland Avenue, South Fillmore Street and alleys located within Blocks 3, 4, 5, and 6 of the Perry Heights Addition; and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. Synopsis: The applicant is requesting the exclusive abandonment of a portion of Fair Park Boulevard, South Taylor Street, Maryland Avenue, South Fillmore Street and alleys located within Blocks 3, 4, 5, and 6 of the Perry Heights Addition, including the abandonment of utility and drainage easements less and except a described retained easement. 2. RESOLUTION NO. 13,011: To authorize the City Manager to enter into a contract with Scott Equipment Company for the purchase of a 6,000 gallon water tank for an articulated truck for use at the landfill; and for other purposes. Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to purchase a 6,000 gallon water tank from Scott Equipment Company for use in the City's landfill. 3. RESOLUTION NO. 13,012: To consent to the assignment to the Chenal Circle Property Owners Association of a franchise for the construction and maintenance of a building in the public right -of -way originally granted to Deltic Farm & Timber Company, Inc.; and for other purposes. Staff recommends approval. Synopsis: Deltic Farm & Timber Company, Inc., desires to assign its interest under a Franchise granted to it by the Little Rock Board of Directors for placement of an information center adjacent to No. 1 Chenal Circle. 4. RESOLUTION NO. 13,013: To authorize the City Manager to enter into an agreement with RIC Construction, Inc., for the construction of a helicopter hanger and pad at 11400 Ironton Road for the Little Rock Police Department; and for other purposes. Staff recommends approval. 2 Little Rock Board of Directors Meeting August 18, 2009 6:00 PM Synopsis: The Little Rock Police Department is requesting approval to allow the City Manager to enter into a contract with RIC Construction, Inc., for the construction of a helicopter hanger and pad at 11400 Ironton Road. Director Adcock made the motion, seconded by Director Cazort ' to adopt the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was adopted. GROUPED ITEMS (Items 5 — 13) 5. ORDINANCE NO. 20,139; Z- 7835 -A: To approve a Planned Zoning Development and establishing a Planned Office District titled BCI Short-Form PD -O, located at 6500 Mabelvale Pike, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. Synopsis: The owner of the property located at 6500 Mabelvale Pike is requesting an amendment to the previously approved PD-0 to allow for the use of the property as a daycare facility. 6. ORDINANCE NO. 20,140; Z- 5442 -D: To approve a Planned Zoning Development and establishing a Planned Commercial District titled James Mitchell School Revised Short-Form PCD, located at 2410 South Battery Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. Synopsis: The applicant is proposing an amendment to the previously approved PCD to allow for the construction of a gymnasium near the southwest corner of the site. 7. ORDINANCE NO. 20,141; Z- 5397 -A: To approve a Planned Zoning Development and establishing a Planned Industrial District titled Promiseland Church Long -Form PID, located at 3700 West 65"' Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning of the site from I -2, Light Industrial District, to PID to add a church and an events center as allowable uses for the property. 8. ORDINANCE NO. 20,142; Z- 7964 -A: To approve a Planned Zoning Development and establishing a Planned Residential District titled Kanis Creek Lot 10 Revised Short- Form PD -R, located at 20 Kanis Creek Place, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. Synopsis: The applicant is proposing a revision to the previously approved PD -R to increase the building envelope for Lot 10 Kanis Creek Subdivision. 9. ORDINANCE NO. 20,143; Z- 4790 -B: To approve a Planned Zoning Development and establishing a Planned Industrial District titled 9823 Hilaro Springs Road Revised Short -Form PD -I, located at 9823 Hilaro Springs Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. 3 Little Rock Board of Directors Meeting August 18, 2009 6:00 PM Synopsis: The request is to allow a revision to the previously approved PD -I to allow an office and warehouse distribution use to locate on the site utilizing the existing building. 10. ORDINANCE NO. 20,144: To amend Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction requirements for Hilaro Springs Road; and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. Synopsis: Authorizes a deferral of street improvements required under the Master Street Plan for five (5) years or until adjacent property is developed for 9823 Hilaro Springs Road Short -Form Revised PD -I. 11. ORDINANCE NO. 20,145; Z- 4343 -V: To approve a Planned Zoning Development and establishing a Planned Residential District titled Parkland Heights Revised Long - From PD -R located at the north end of Chenonceau Boulevard, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. Synopsis: The request is to amend the previously approved PD -R to allow for the construction of seven (7), two (2) -story units previously shown for development of three (3), one (1) and one -half story units. 12. ORDINANCE NO. 20,146: To dispense with the requirement of competitive bidding and authorize the City Manager to enter into a contract with Motorola, Inc., for the purchase of eighteen (18) concurrent user licenses; and for other purposes. Synopsis: The Little Rock Police Department is requesting approval to purchase eighteen (18) additional 3 -1 -1 concurrent user licenses. 13. ORDINANCE NO. 20,147: To approve as a project of the 2009 Parks & Recreation Capital Improvements Bond Funds to repair and resurface greens at the Championship Course of the Rebsamen Park Golf Course; to purchase covers to protect the greens; to dispense with the requirements of competitive bids for the cost to resurface the greens; to declare and emergency; and for other purposes. Staff recommends approval. Synopsis: Approves two (2) new projects with the 2009 Capital Improvement Revenue Bonds for Parks & Recreation and Zoo Projects; the projects are for the Championship Course at the Rebsamen Park Golf Course. In addition, the ordinance waives the requirement of competitive bids to purchase Ultra -dwarf Bermuda grass for the greens. The ordinances were read the first time. Director Adcock made the motion, seconded by Director Richardson, to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a second time. Director Adcock made the motion, seconded by Director Wyrick, to suspend the rules and place the ordinances on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a third time. By unanimous voice vote of the Board Members present, the ordinances were approved. By unanimous voice vote of the Board Members present, the emergency clause for Item 13 was adopted. E Little Rock Board of Directors Meeting August 18, 2009 6:00 PM PUBLIC HEARINGS (Items 14 - 15) 14. RESOLUTION NO. 13,014; Z -8451: To rescind the Planning Commission's action approving a Conditional Use Permit to allow placement of a multi - sectional manufactured home on each of the two (2) R -2 zoned lots located north of 10716 Garrison Road and south of 10922 Garrison Road. Planning Commission: 8 ayes; 2 nays; and 1 absent. Staff recommends approval of the Conditional Use Permit. (Deferred from July 7, 2009) Synopsis: A record objector is appealing the Planning Commission's approval of a Conditional Use Permit to allow placement of a multi - sectional manufactured home on each of the two (2) R -2 zoned lots located north of 10716 Garrison Road and south of 10922 Garrison Road. Mayor Stodola opened the public hearing and stated that he had cards from several individuals that wanted to speak on the issue. Director Adcock made the motion, seconded by Director Wyrick, to set a twenty (20)- minute time limit for individuals to speak for each side of the issue. By voice vote of the Board Members present, the motion passed. Don Burkett, 19 Ridgefield Cove: Stated that he was the President of the Ridgefield Estates Property Owner's Association, and felt that the residents of the area had been misled throughout the process of the approval. Mr. Burkett stated that there was not a Bill of Assurance associated with the owner's property. Tony Bozynski, Planning and Development Department Director, stated staff was provided with a Bill of Assurance by the owner. Director Cazort stated that the Bill of Assurance was a contract between a developer and the property owners and the City was not a part of the drafting of the contract; and therefore, was not the venue in which to seek enforcement of the contract. Vice Mayor Fortson asked Mr. Bozynski if there were other manufactured homes located along Garrison Road. Mr. Bozynski stated that were several homes that appeared to be manufactured homes. Director Wyrick stated that based on the Bill of Assurance, the structure could not be temporary. Director Wyrick asked Mr. Bozynski if he considered the manufactured home a permanent structure due to the fact that the transport units were removed and it was located on a permanent foundation. Mr. Bozynski stated that those were the requirements for placement. Leo Hauser, 22 Ridgefield Cove: Stated that when entering and leaving Ridgefield Estates, the view of the applicant Ken Breeding's property was a nice landscaped area; however, should the conditional use permit be approved, the view would be diminished. In addition, Mr. Hauser stated that the property values in Ridgefield Estates would be decreased. Stephanie Holder, 5401 Ridgefield Lane: Stated that it was her understanding that the manufactured homes that Mr. Breeding intended to place on the lots were Clayton Manufactured Homes. Ms. Holder stated that the appellant Kadelia Hamilton had contacted Clayton Manufactured Homes and was told that the cost per square foot for the 5 Little Rock Board of Directors Meeting August 18, 2009 6:00 PM homes that Mr. Breeding was considering for placement on the property was $49.00. Ms. Holder stated that she had researched the appraised values of homes in both York Acres and Ridgefield Estates and the average cost per square foot for those homes was $97 - $100, and that the value of the manufactured homes was less than half of that amount. Ms. Holder stated that there were no other manufactured homes in the York Acres Subdivision. Catherine Rayburn, 10520 Garrison Road: Stated that she lived approximately 4 tenths of a mile from Mr. Breeding's property and was concerned that the manufactured homes would adversely affect the aesthetic appeal of the neighborhood. Williams Ormsbee, 5711 Ridgefield Lane: Was concerned about the aesthetic appeal of the neighborhood should Mr. Breeding be allowed to place the manufactured homes on his property and requested that the Board overturn the Planning Commissions decision. Dair Smith, 10519 Garrison Road: Asked that the Board rescind the Planning Commission's action and overturn the approval of the Conditional Use Permit. Kadelia Hamilton, 3712 Woodland Heights Road: Asked that the Board reconsider and deny the Conditional Use Permit. Daniel Lanehart, 10715 Garrison Road: Stated that he was in favor of the Board rescinding the Conditional Use Permit. City Attorney Tom Carpenter stated that he had read over the Bill of Assurance which was for twenty -five (25) years and automatically renewed for ten (10) -year periods. City Attorney Carpenter stated that Section 4 read, "The lot shall be used for residential purposes only and may be either single or multiple -unit dwellings not to contain less than 1,000 square feet and exclusive of porches and carports and not to cost less than $8,000, exclusive of the lot cost. Ken Breeding, 10922 Garrison Road: Stated that he was the applicant and that he had supplied the Bill of Assurance to the Planning Commission when it was requested. Mr. Breeding reported that the Bill of Assurance stated no trailers or temporary structure. Mr. Breeding asked the Planning Commission what constituted a trailer, and he was told that a modular home, one that is on a foundation, or footing, was not considered temporary. Mr. Breeding stated that one of the homes would cost approximately $127,000, with the other costing approximately $142,000 and both would be placed on a tied steel reinforced foundation with a color matched cinder -block vented foundation. By roll call vote of the Board Members present, the votes were as follows: Ayes: Hurst; Wyrick; and Adcock. Nays: Hendrix; Richardson; Cazort; Wright; and Vice Mayor Fortson. Absent: Keck and Kumpuris. By a vote of 3 ayes; 5 nays; and 2 absent, the resolution was failed. 15. RESOLUTION NO. 13,015: To approve the sources and uses projected 2010 CDBG and HOME Funds for inclusion in the City's Annual Plan; and for other purposes. Staff recommends approval. Synopsis: Approval of the sources and use of projected 2010 CDBG and HOME Funds is required prior to completion of the City's Annual Plan, which must be submitted to HUD by November 15, 2009. G Little Rock Board of Directors Meeting August 18, 2009 6:00 PM Mayor Stodola asked City Manager Bruce Moore to give an overview regarding how the projects were selected. City Manager Moore stated that the recommendations were solicited through a public process and once the recommendations were determined to be eligible; they were presented to the Citizen's Committee. The Citizen's Committee reviewed the recommendations and determined which projects were to be funded and for how much. Director Adcock stated that she didn't think that $10,000 should be included for tax preparation, when there were already agencies in the community that provided that type of assistance. Director Wright stated that she agreed and asked if the entire list of projects had to be approved or rejected, and if not, what would be the process of removing an item from the list. City Manager Moore stated that once the list was approved, it would be published for thirty (30) days to seek public comment, and at the end of the thirty (30) days, the list and any public comments would be brought back to the Board for final approval. City Manager Moore stated that the Board had the authority to change any item on the list. Rowena Hampton, 9420 Wilderness Road: Stated that she was the Chair of the Citizen's Committee; representing Ward 7. Ms. Hampton gave an overview, regarding how the committee made the recommendations. Dexter Dom: Stated that he represented the Progressive League of College Station and that their project, with the request of $52,000, did not make the approved list. Mr. Doyne asked that the Board reconsider their project and add it to the approved list for funding. Austin Porter: Stated that he was Executive Director of the Progressive League of College Station with the purpose of providing affordable homes to low- income individuals. Georgia Mjartan, Our House Executive Director: Stated that Our House had submitted two (2) different applications. One of the applications was in the amount of $34,000, of which $30,000 was approved, for building renovations on the facility where they provide the free after - school programs for homeless children. Ms. Mjartan stated that the other application was for $15,900, of which $10,000 was approved, for exterior lighting on the Roosevelt Road campus. Ms. Mjartan asked the Board to approve the Citizen's Committee recommendation; however, if there were additional funds available, she asked that they be dedicated to Our House. Director Wright asked why the Oak Forest Community Garden had requested and was approved for $37,000. Mr. Bernard stated that the funds were for flowers, seeds and tools to maintain the garden and for part-time staff. Director Adcock made the motion, seconded by Director Hendrix, to remove the $10,000 allotted for the tax preparation; adding those funds to the Carelink, Meals on Wheels, allocation. By roll call vote of the Board Members present, the votes were as follows: Ayes: Hendrix; Richardson; Hurst; Wright; Wyrick; Adcock; and Vice Mayor Fortson. Absent: Cazort; Keck; and Kumpuris. By a vote of 7 ayes; 0 nays; and 3 absent, the motion passed. 7 Little Rock Board of Directors Meeting August 18, 2009 6:00 PM City Manager Moore stated that $100,000 had been set aside in 2009 funds for housing counseling, and a Request for Proposal had been distributed soliciting three (3) agencies to provide those services. City Manager Moore stated that in an attempt to fund the College Station project the Board could adopt the project by decreasing the Housing Counseling line item by $50,000. Vice Mayor Fortson made the motion, seconded by Director Richardson, to amend the proposal by decreasing the $50,000 set aside for housing counseling and allow for the inclusion of the College Station Project. By unanimous voice vote of the Board Members present, the motion passed. Director Adcock made the motion, seconded by Director Wright, to remove the funding needed, out of the Oak Forest Community Garden to subsidize the unfunded amounts of the request by Our House, which was approximately $12,000. By voice vote of the Board Members present, the motion passed. By unanimous voice vote of the Board Members present, the resolution was approved. CITIZEN'S COMMUNICATION Erma Halford, 2 Clement Drive: Her daughter, Angela, spoke on her behalf regarding a property that was on the demolition list previously approved by the Board. Ms. Halford's daughter stated that they were in the process of trying to sell the house before it was demolished. She stated that they had tried to obtain grants to rehabilitate the house; however, they had been unsuccessful. Mr. Bernard reported that the Halfords were cited for the property in April 2007, and staff declared it unsafe and vacant on October 23, 2008. Director Wyrick made the motion, seconded by Vice Mayor Fortson, to suspend the demolition for ninety (90) days to review the status of the contract for sale. By unanimous voice vote of the Board Members present, the motion passed. Director Richardson made the motion, seconded by Director Adcock, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. ATTEST: AD"�� usan n e Acting City Clerk N APPROVED: zd/"°'f• -. Mark Stodola, Mayor