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09-15-09Little Rock Board of Directors Meeting September 15, 2009 6:00 PM Little Rock Board of Directors Meeting September 15, 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 Clerk Susan Langley called the roll with the following Directors present: Hendrix; Richardson; Hurst; Cazort; Keck; Wright; Wyrick; Kumpuris; Adcock; Vice Mayor Fortson and Mayor Stodola. Director Adcock delivered the invocation, which was followed by the Pledge of Allegiance. MODIFICATIONS M -1. RESOLUTION NO. 13,022: To award a contract to Carson & Associates, Inc., in the maximum amount of $2,067,000 to construct a penguin exhibit for the Little Rock Zoo; authorizing the City Manager to enter into a contract with Carson & Associates, Inc., for such services; and for other purposes. staff recommends approval. Synopsis: This resolution awards a construction contract to Carson & Associates, Inc., in the maximum amount of 52,067,000 and authorizes the City Manager to enter into a contract, in a form acceptable to the City Attorney, with Carson & Associates, Inc., for such services. Director Hurst asked if the funds were in hand. City Manager Bruce Moore confirmed that the funds were in hand. M -2. RESOLUTION NO. 13,032: To approve the sources and uses of 2007 and 2008 HOME Investment Partnership Program Funds; and for other purposes. Staff recommends approval. Synopsis: Approval of 2007 and 2008 HOME Investment Partnership Program Funds. Director Adcock asked where the HOME Funds would be spent. City Manager Moore stated that the item had previously been before the Board; however, additional information, which had been received, was needed. Director Adcock asked the amount; City Manager Moore reported $36,000. Director Keck made the motion, seconded by Director Richardson, to add Items M -1 and M -2 to the Consent Agenda. By unanimous voice vote of the Board Members present, Items M -1 and M -2 were added to the Consent Agenda. Director Kumpuris stated that the following week, the Arkansas Arts Center would open one of the largest events that had ever been held in the community. Director Kumpuris asked that a resolution and proclamation be drafted thanking Nan Plummer, Executive Director, her staff and exhibit underwriters Warren and Harriett Stephens. Mayor Stodola stated that the Board could recess the meeting and reconvene on September 22, 2009, for the purpose of passing the resolution. 1 Little Rock Board of Directors Meeting September 15, 2009 6:00 PM CONSENT AGENDA (Items 1— 6) 1. RESOLUTION NO. 13,023: To authorize the City Manager to enter into an agreement with the Quapaw Quarter Association to continue operating Curran Hall as a Tourist Information Center; and for other purposes. Staffrecommends approval. Synopsis: This resolution continues the existing partnership between the City of Little Rock, the Little Rock Convention and Visitors Bureau and the Quapaw Quarter Association for the management of Curran Hall as a visitor's center and rental facility. 2. RESOLUTION NO. 13,024: To authorize the City Manager to enter into a towing service contract with each company that responded successfully to the City's request for qualifications; and for other purposes. Staffrecommends approval. Synopsis: The resolution authorizes the City Manager to enter into towing services contracts with Metro Towing and Recovery, Routh Wrecker Service and Asher Wrecker Service for a period of one (1) -year, beginning October 1, 2009. 3. RESOLUTION NO. 13,025: To authorize the City Manager to acquire rights -of -way and real property necessary for the construction of the 9"' Street Extension Project; and for other purposes. Staffrecommends approval. Synopsis: Authorizes the City Manager to purchase rights -of -way and real property for the construction of the 9`" Street Extension Project (Bond Street to 6" Street). 4. RESOLUTION NO. 13,026: To participate in the National Public Lands Day event in Little Rock's Parks; and for other purposes. Staffrecommends approval. Synopsis: A resolution of the City of Little Rock, Arkansas, to participate in the National Public Lands Day Event in Little Rock's parks. 5. RESOLUTION NO. 13,027: To authorize the City Manager to purchase one (1) 4x4 Extend Cab Truck with utility body from Midway Ford for the Little Rock Police Department; and for other purposes. Staffrecommends approval. Synopsis: Authorizing the City Manager to enter into a contract with Midway Ford for the purchase of one (1) 4x4 Extend Cab Truck with utility body in the amount of $50,298. 6. RESOLUTION 13,028: To direct any general funds of the City of Little Rock as a result of the dissolution of the Mabelvale- Alexander Sewer Improvement District No. 142 be used to reduce the outstanding indebtedness of the Vimy Ridge Water Improvement District No. 139; and for other purposes. Staffrecommends approval. Director Wyrick stated that she would have to recuse on Item 6 due to the fact that she owned property in both of the districts. Director Adcock made the motion, seconded by Director Cazort, to add adopt the Consent Agenda. By voice vote of the Board Members present, the Consent Agenda was adopted. 2 Little Rock Board of Directors Meeting September 15, 2009 6:00 PM GROUPED ITEMS (Items 7 —15) 7. ORDINANCE NO. 20,152; Z -8483: Reclassifying property located in the City of 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; and 1 absent. Staff recommends approval. Synopsis: The owner of the 0.1 -acre property located behind the building at 5401 South University Avenue is requesting that the zoning be reclassified from R -2 to C -3. 8. ORDINANCE NO. 20,153; LU09- 09 -01: To amend the Land Use Plan in the Interstate 630 Planning District from Residential Low Density and Park/Open Space to Public Institutional; and for other purposes. Planning Commission: 10 ayes; 0 nays; and I absent. Staffrecommends approval. Synopsis: A Land Use Plan in the Interstate 630 Planning District from Residential Low Density and Park/Open Space to Public Institutional for future development. 9. ORDINANCE NO. 20,154; Z -8477: To reclassify property located in the City of 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; and I absent. Staff recommends approval. Synopsis: The owners of approximately seven (7) acres of property located generally north of West 10th Street, south of Interstate 630 and between Jonesboro Drive and South Madison Street are requesting that the zoning be reclassified from R -3 and R -4 to 0-1; with condition. 10. ORDINANCE NO. 20,155 : To amend Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, to provide for acceptance of right -of -way dedication for LaMarche Drive and a waiver of boundary street ordinance requirements for Valley Falls Estates Subdivision; and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. (Deferred from September 1, 2009) Authorizes the acceptance of a dedication of approximately 2.14 acres of land for future right -of -way for the LaMarche Drive extension to Taylor Loop Road and a waiver of boundary street improvements for the Valley Falls Estates Subdivision. 11. ORDINANCE NO. 20,156: To condemn certain structures in the City of Little Rock as structural, fire and health hazards; providing for summary abatement procedures; to direct the City Attorney to take such action as necessary to raze and remove said structures; declaring an emergency; and for other purposes. Staff recommends approval. Synopsis: One (1) residential structure in a severely burned condition causing negative environmental impact on the residential neighborhoods in which it is located. 12. ORDINANCE NO. 20,157: To dispense with the requirement of competitive bidding and authorize the City Manager to enter into a contract with Motorola to purchase sixteen (16) mobile police radios and wiring harnesses to outfit the new fleet of police vehicles; and for other purposes. Staff recommends approval. Synopsis: The Little Rock Police Department is requesting approval to purchase sixteen (16) Motorola Mobile Police Radios and wiring harnesses to supply the new fleet of police vehicles. 3 Little Rock Board of Directors Meeting September 15, 2009 6:00 PM 13. ORDINANCE NO. 20,158: To dispense with competitive bids; to award a maintenance agreement to Motorola, Inc., in the amount of $640,362.60; to authorize three (3) additional annual extensions of this agreement at the discretion of the City Manager; to declare and emergency; and for other purposes. Staff recommends approval. Synopsis: The Little Rock Police Department is requesting approval to extend for one (1) additional year, the maintenance contract for the City's radio infrastructure as approved by Ordinance 19,643, passed on November 21, 2006. 14. ORDINANCE NO. 20,159: To adopt revised rules and regulations for the Little Rock Fire Department; and for other purposes. Staff recommends approval. Synopsis: Little Rock Fire Department Management has revised the 1986 version of the Rules and Regulations. 15. ORDINANCE NO. 20,160: To acknowledge the dissolution of the Mabelvale- Alexander Sewer Improvement District No. 142 of the City of Little Rock, Arkansas; to agree to accept the transfer of the district's books, records and surplus funds; to assume the responsibilities, obligations and liabilities of the district; and for other purposes. Staff recommends approval. Director Wyrick stated that she would have to recuse on Item 15 due to the fact that she owned property in both of the areas. The ordinances were read the first time. Director Adcock made the motion, seconded by Director Keck, to suspend the rules and place the ordinances on second reading. By 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 Richardson, to suspend the rules and place the ordinances on third reading. By voice vote of the Board Members present, the rules were suspended and the ordinances were read a third time. By voice vote of the Board Members present, the ordinances were approved. By voice vote of the Board Members present, the emergency clauses for Items 11 and 13 were approved. City Attorney Tom Carpenter informed the Board that City Manager Moore would be sworn -in the following day, September 16, 2009, as Vice President from the Mountain Plains Region for the International City /County Management Association (ICMA). Mayor Stodola commended City Manager Moore for being appointed to the position. SEPARATE ITEMS (Items 16 —17) 16. RESOLUTION NO. 13,029: Authorizing the City Manager to negotiate contracts for the provision of homeless and housing services; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to negotiate contracts with Our House, Inc., River City Ministries and the Salvation Army for homeless and housing services under the subject grant. 4 Little Rock Board of Directors Meeting September 15, 2009 6:00 PM Director Hendrix asked if Item 16 applied to the funds available through CDBG Program. City Manager Moore stated that these were funds that were available through the Stimulus Funds. Director Adcock asked that staff meet with the landlords throughout the City regarding the funds available so that they could work with Our House, Inc., River City Ministries and the Salvation Army to assist individuals in finding a place to live. Director Adcock made the motion, seconded by Director Cazort, to adopt Item 16. By unanimous voice vote of the Board Members present, Item 16 was adopted. 17. RESOLUTION NO. 13,030: To grant a franchise to the Board of Trustees of the University of Arkansas to use the public streets and rights -of -way for the Arkansas Research and Educational Optical Network (ARE -ON) to provide nonexclusive fiber optics for university campuses; and for other purposes. Staffrecommends approval. David Merrifield, ARE -ON, reported that they were in the process of building a new high -speed fiber -optic network that would connect all the four (4) -year public institutions around the state. ARE -ON was at the point where they were ready to connect the University of Arkansas at Little Rock (UALR) and the University of Arkansas Medical Sciences (DAMS). The franchise would allow ARE -ON to bury fiber -optic cable along the City rights -of -way to connect long -haul fiber that runs through the City along railroad tracks to UALR and DAMS. Mr. Merrifield stated that the network would provide advanced function at very high -speed communications for students and research. In addition, Mr. Merrifield stated that there would be four (4) pairs of fiber that would be dedicated to the City to use for any purpose. Director Adcock made the motion, seconded by Director Cazort, to adopt Item 17. By unanimous voice vote of the Board Members present, Item 17 was adopted. PUBLIC HEARINGS (Items 18 - 20) 18. ORDINANCE NO. 20,161; G -23 -411: To abandon the sixty (60) -foot wide Children's Way Right -of -Way, located between West 10th and West 13th Streets, in the City of Little Rock, Arkansas, as a public right -of -way; and for other purposes. Planning Commission: 8 ayes; 2 nays; and I absent. Staffrecommends approval. Synopsis: Arkansas Children's Hospital, adjacent property owner, is requesting to abandon the sixty (60) -foot wide right -of -way located between West 10th and West 13th Streets. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Hendrix, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. 5 Little Rock Board of Directors Meeting September 15, 2009 6:00 PM Scott Gordon, Arkansas Children's Hospital (ACH), stated that they were seeking the abandonment of Children's Way between 10th Street and 13th Street in an attempt to control traffic flow, primarily related to speed issues. Mr. Gordon stated that ACH operated a day care center with over 200 children that was housed in the old Immanuel Baptist Church building. Individuals must park in the parking lot across Children's Way and cross the street to access the building. Director Adcock asked how ACH would close off the street. Mr. Gordon stated that at that time, they did not intend to close the street; instead they wanted to construct speed bumps in an attempt to slow the traffic down. Mr. Gordon stated that the ACH Master Plan indicated a building on that site at some date in the future; however, at this point in time, they had no immediate plans to close the street. Director Richardson asked how long it would be until they needed to close the street. Mr. Gordon stated that he did not see any building on that end of the campus for at least five (5) — ten (10) years. George Blevins, 1704 West 19th Street: Stated that it was his understanding that the street would be closed. Mr. Blevins, who is with the Wright Avenue Neighborhood Association, stated that the association had issues with the initial closing of Marshall Street and felt that they had not been informed. Mr. Blevins asked ACH to be more communicative with the surrounding neighborhood associations. Scott Allen Arkansas Children's Hospital Community Outreach Director: Stated that he felt that he was known in the neighborhoods surrounding ACH, and that he attended the monthly Central High Neighborhood Association Meeting. In addition, Mr. Allen stated that he maintained contact with the Wright Avenue Neighborhood Association and the Capitol Hill Neighborhood Association. Director Richardson stated that although ACH was located in the Central High Neighborhood Association, it would be good for them as a community partner to maintain contact with all the neighborhood associations in close proximity to the campus. Robert Jones 1123 South Park Street: Mr. Jones, president of the Capitol Hill Neighborhood Association, stated that he had petitions signed from three (3) neighborhood associations opposed to the ordinance. Director Adcock asked if the petition were opposed to the closing of the street, as was previously thought, or the abandonment of the right -of -way. Mr. Jones stated that the petitions were opposed to the abandonment, based on the fact that the neighbors felt ACH would end up closing the road in the future. Mr. Jones stated that in all the conversations that he had with ACH Staff, no one could ever assure him that the street would not ever close. Mr. Jones stated that the City needed to be cognizant regarding the effects of closing the central streets. Battery Street, Marshall Street, Dr. Martin Luther King, Jr., Drive, were important arteries to the neighborhoods south of Interstate 630, and that by closing off these streets, it suffocated the residents. Mr. Jones stated that the Capitol Hill Neighborhood Association did not oppose the installation of street bumps to control the speed of traffic, appropriate signage or flashing lights; however, they did oppose the possible closure of the street in the future. Mr. Jones asked if there was another way to approve the right -of- way abandonment to ensure public access for the street. rei Little Rock Board of Directors Meeting September 15, 2009 6:00 PM Mr. Gordon stated that ACH had continued to work against the Master Plan that was presented to the Planning Commission in 2004, and should revision be needed, they would take the plan back to the Planning Commission. Mr. Gordon stated that ACH agreed with the City in that Battery Street was a collector street and 10th Street was a major thoroughfare and would never be considered for closure. In addition, ACH had invested in excess of a million of dollars to widen 10th Street and replace all the storm drains. Mr. Gordon stated that ACH stood ready, at the instruction of the City, to install traffic signals at Battery & 10th Streets and Martin Luther King, Jr., Drive & 10th Street. Mayor Stodola closed the public hearing. Mayor Stodola asked if the procedures for neighborhood notification had been followed. Tony Bozynski, Planning & Development Department Director, stated that the notification procedure for a right -of -way abandonment was that notice was to be given to all abutting properties, and in this case it was ACH that owned the property surrounding the right -of -way in question. Mr. Bozynski reported that signs were placed on the street for the abandonment in question, and staff notified the neighborhood associations. Mr. Bozynski stated that the Central High Neighborhood Association was the only association notified due to the fact that their boundaries completely surrounded the ACH campus. Director Keck made the motion, seconded by Director Adcock, to call the question to vote on the ordinance. By unanimous voice vote of the Board Members present, the question was called. By unanimous voice vote of the Board Members present, the ordinance was approved. 19. ORDINANCE NO. 20,162; G -23 -412: To abandon the twenty (20) -foot wide alley right -of -way located within Block 175, Original City of Little Rock, Arkansas, (Block bounded by West 8th Street, West 9th Street, State Street and Gaines Street) as public right -of -way; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. Synopsis: The adjacent property owner is requesting to abandon the twenty (20) -foot wide alley right -of -way located within Block 175, Original City of Little Rock. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Wright, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. Mayor Stodola opened the public hearing and asked if there was anyone present that wanted to speak to the issue. There being no one present to speak on the issue, Mayor Stodola closed the public hearing. 7 Little Rock Board of Directors Meeting September 15, 2009 6:00 PM By unanimous voice vote of the Board Members present, the ordinance was approved. 20. ORDINANCE NO. 20,163; G -23 -413: To abandon portions of South Monroe Street, South Madison Street, Maryland Avenue and alley rights -of -way abandonments located north of West 10th Street, south of Interstate 630, and between Jonesboro Drive and South Madison Street, in the City of Little Rock, Arkansas, as public right -of -way; and for Other purposes. Planning Commission: 10 ayes; 0 nays; and I absent. Staff recommends approval. Synopsis: The adjacent property owners are requesting to abandon portions of South Monroe Street, South Madison Street, Maryland Avenue (West 9th Street) and alley rights -of -way located north of West 101h Street, south of Interstate 630, and between Jonesboro Drive and South Madison Street. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Richardson, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. Mayor Stodola opened the public hearing and asked if anyone present wanted to speak to the issue. Dr. Bobby Roberts, Central Arkansas Library Systems (CALS) Executive Director, stated that Children's Library was one of the most important projects that CALS had ever undertaken. Dr. Robert's stated that the abandonment of the streets cleaned up the property that CALS owned; however, some of the property ran through City property and without some control or thought of how it could be developed, it wouldn't be the type of project that it should be. Dr. Roberts stated that Interstate 630 was a socio- economic divider right through the middle of the City and with the building of the library; it would unite the southern part of the City with the northern part. Vice Mayor Fortson asked if the land that Dr. Roberts referred to was under any type of restriction as to how it could be used in the future. City Manager Moore stated that the land was designated as Open Space and staff had visited with Dr. Roberts regarding the fact that it would be complimentary to CALS project. Mayor Stodola closed the public hearing. By unanimous voice vote of the Board Members present, the ordinance was approved. EXECUTIVE SESSION (Item 21) 21. EXECUTIVE SESSION & RESOLUTION NO. 13,031: Appointments to the Little Rock Arts & Culture Commission. Staff recommends approval. N. Little Rock Board of Directors Meeting September 15, 2009 6:00 PM Synopsis: Appointment of Jennifer Owens to her first three (3) -year term to expire on April 2, 2012. Appointment of Nan Selz to serve an unexpired Cultural Institution Term to expire on April 2, 2011. Reappointment of Nan Plummer to her first Cultural Institution Term to expire on April 2, 2012. Reappointment of Debra Grandle to her second three (3) -year to term to expire on April 2, 2012. Director Cazort made the motion, seconded by Director Adcock, to accept the appointments. By unanimous voice vote of the Board Members present, the appointments were accepted. CITIZEN'S COMMUNICATION Mayor Stodola indicated that he had six (6) cards from individuals that wanted to speak about the Rock Island Bridge. Mayor Stodola reported that he had received a letter from the William J. Clinton Foundation stating that to -date they had identified $8.5 million of the $10.5 million needed to renovate the bridge and were in the process of raising the remaining funds needed to complete the project. Jess Askew, 5006 Country Club Road: Stated that it was imperative for the City to tend to the business of reaching an agreement with the Clinton Foundation for the renovation of the bridge. Bruce Thalheimer, 85 Robinwood Drive: Stated that the Rock Island Bridge was an important part of bicycle infrastructure, and the benefits go beyond the bridge. Mr. Thalheimer stated that by people utilizing their bikes as alternative form of transportation, the congestion in the City would be decreased. Jim Conner, 17 Sunset Drive: Stated that he utilized the Arkansas River Trail on a daily basis and encouraged the City to take action to ensure that the bridge was completed. Ken Gould, 11400 Rivercrest Drive: Stated that the City needed to do everything possible to ensure that the Clinton Foundation follow through with their commitment to renovate the Rock Island Bridge. Robert Lambert 447 Chimney Rock Drive: Stated that it was time that the City enforce the promise that the Clinton Foundation made to complete the renovation of the Rock Island Bridge. Gene Pfeifer, 16300 Cantrell Road: Stated that the trails were important for economic development, tourism and the lifestyles of the citizens. Director Richardson stated that he would like to ask City Manager Moore to bring a report back within the next sixty (60) days with an update regarding the status of the project. Director Cazort stated that he would like to see City Attorney Carpenter draft a resolution that stated within sixty (60) days the City would like to see plans and timelines for the completion of the bridge. Director Keck made the motion, seconded by Director Cazort, to recess the meeting until September 22, 2009. By unanimous voice vote of the Board Members present, the meeting was recessed until September 22, 2009. N Little Rock Board of Directors Meeting September 15, 2009 6:00 PM ATTEST: usan ng e , eting dly Clerk 10 Mark Stodola, Mayor