10-06-09Little Rock Board of Directors Meeting
October 6, 2009
6:00 PM
Little Rock Board of Directors Meeting
October 6, 2009
6:00 PM
The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting
with Vice Mayor Gene Fortson presiding. Acting City Clerk Susan Langley called the
roll with the following Directors present: Hendrix; Richardson; Hurst; Cazort; Keck;
Wright; Wyrick; Kumpuris; Adcock; and Vice Mayor Fortson. Mayor Stodola was
absent. Director Richardson delivered the invocation, which was followed by the Pledge
of Allegiance.
MODIFICATIONS
M -1. MOTION: To approve minutes of the Little Rock Board of Directors Reconvened
Meetings of April 28, 2009, and May 12, 2009.
Director Keck made the motion, seconded by Director Cazort, to add Item M -1 to the
Consent Agenda. By unanimous voice vote of the Board Members present, Item M -1
was added to the Consent Agenda.
PRESENTATIONS
The City Beautiful Commission presented awards for the 30th Annual Landscape Awards
to the following recipients: CalArk Trucking; Mt. Holly Cemetery; and Pleasant Ridge
Town Center.
CONSENT AGENDA (Items 1 -12)
1. RESOLUTION NO. 13,047: To designate and authorize the City Manager to
execute certain documents in connection with a grant administered by the Arkansas
Natural Resources Commission; and for other purposes. Staff recommends approval.
Synopsis: Authorizes the City Manager to execute documents to obtain a grant from the Arkansas
Natural Resources Commissions towards construction of the City Park Wetland Project.
2. RESOLUTION NO. 13,035: To award a contract to USI Consulting Engineers for
engineering services for the Wetland Project; and for other purposes. Staff recommends
approval.
Synopsis: Authorizing the City Manager to enter into an agreement with USI Consulting Engineers
for engineering services for the City Park Wetland Project.
3. RESOLUTION NO. 13,036: To authorize the City Manager to renew for a third
year, a contact with Professional Protection Services, Inc., to provide security guard
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Little Rock Board of Directors Meeting
October 6, 2009
6:00 PM
services to patrol parking areas and facilities at City Hall, Parks and Recreation facilities
and the Little Rock Zoo; and for other purposes. Staff recommends approval.
Synopsis: This resolution authorizes a third year of a contract with Professional Protections
Services, Inc., to provide armed and unarmed security for City Hall, the employee parking lot and
various Parks & Recreation and Zoo facilities. The original agreement was approved in Little Rock,
Ark., Resolution No. 12,557 (August 6, 2007).
4. RESOLUTION NO. 13,037: Setting the date for a public hearing on October 20,
2009, to consider the issuance of Sewer Revenue Bonds for the purpose of financing
betterments and improvements to the City's sewer system. Staff recommends approval.
5. RESOLUTION NO. 13,038: To authorize the City Manager to purchase two (2)
Hybrid Dump Trucks from Diamond International for the Street Operation Division of
the Public Works Department; and for other purposes. Staff recommends approval.
Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with
Diamond International for the purchase of two (2) hybrid dump trucks in the amount of $209,000.
6. RESOLUTION NO. 13,039: To extend the current contract with QCA to provide
Health Care Insurance for City Employees for the year 2010; and for other purposes. Staff
recommends approval.
Synopsis: The incumbent health care provider has submitted an attractive renewal proposal based
on the City's group utilization and certain guarantees offered during the most recent bid cycle.
7. RESOLUTION NO. 13,040: To authorize the City Manager to renew the contract
for Dental Care Insurance for City Employees with Delta Dental of Arkansas for two (2)
additional years; and for other purposes. Staff recommends approval.
Synopsis: The City provides dental insurance coverage for full -time regular employees and their
eligible dependents. The City received numerous proposals from multiple providers in response to a
Request for Proposal for dental insurance coverage for City Employees. The incumbent provider,
Delta Dental Plan of Arkansas, submitted the only proposal with multi -year rate guarantees and
offers the broadest network of participating providers.
8. RESOLUTION NO. 13,041: To authorize the City Manager to execute a contract
with Metropolitan Life Insurance Company to provide Life and Accidental Death and
Dismemberment Coverage for City Employees; and for other purposes. Staff recommends
approval.
Synopsis: The City of Little Rock provides life and accidental death and dismemberment insurance
coverage for full -time employees. A Request for Proposal was issued in August 2009, for numerous
companies submitting responses. The most attractive response provide for a single provider of
multiple policies to provide that coverage. Metropolitan Life Insurance Company provided the most
attractive proposals.
9. RESOLUTION NO. 13,042: To authorize the City Manager to renew the contract
with Travelers Insurance Company for City Property Insurance coverage for an
additional year; and for other purposes. Staff recommends approval.
Synopsis: The incumbent provider of property insurance coverage has proposed a renewal of policy
with no increase in premium rates.
Little Rock Board of Directors Meeting
October 6, 2009
6:00 PM
10. RESOLUTION NO. 13,043: To award a contract to Studio -Werk, PLLC, in the
maximum amount of $89,916 for Carousel Horse restoration for the Little Rock Zoo;
authorizing the City Manager to enter into a contract with Studio -Werk, PLLC, for such
services; and for other purposes. Staff recommends approval.
Synopsis: This resolution awards a construction contract to Studio -Werk, PLLC, in the amount of
$89,916 and authorizes the City Manager to enter into a contract, in a form acceptable to the City
Attorney, with Studio -Werk, PLLC, for such services.
11. RESOLUTION NO. 13,044: To authorize the City Manager to extend the existing
lease for office space for the Little Rock Police Department; and for other purposes. staff
recommends approval.
Synopsis: The Little Rock Police Department is requesting approval to extend the current lease
agreement for Police office space and additional three (3) years.
12. RESOLUTION NO. 13,045: To authorize the Mayor and City Clerk to execute a
quitclaim deed to Jennifer Baldwin and Bentley Stracener, Jr.; and for other purposes.
Staff recommends approval.
The resolution 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 Jennifer Baldwin and
Bentley Stracener, Jr., to the City in error through a warranty deed signed on January 12, 2005, and
recorded on January 25, 2005, in the Pulaski County Circuit /County Clerk records.
Director Adcock made the motion, seconded by Director Cazort, to approve the Consent
Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda
was approved.
CITIZEN'S COMMUNICATION
Glen Schwarz 67 South Wakefield Drive: Asked the City to urge Comcast to continue to
provide the equipment and tools necessary for individuals to utilize Public Access.
GROUPED ITEMS (Items 13 — 22)
Vice Mayor Fortson stated that he had several cards from individuals that wanted to
speak on Item 13 and asked that it be held separately. Director Adcock made the motion,
seconded by Director Keck, for Item 13 to be held separately. By unanimous voice vote
of the Board Members present, Item 13 was held separately.
14. ORDINANCE NO. 20,165; Z -8489: To approve a Planned Zoning Development
and establishing a Planned Residential District titled The Gardens of Valley Falls Short-
Form PD -R, located on the southwest corner of Taylor Loop Road and LaMarche Drive,
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.
Little Rock Board of Directors Meeting
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6:00 PM
Synopsis: The applicant is requesting a rezoning of the site from R -2, Single - Family to PD -R to allow
for the development of forty -four (44) detached single - family units and twenty (20) attached
residential units.
15. ORDINANCE NO. 20,166; Z -8488: To approve a Planned Zoning Development
and establishing a Planned Residential District titled Forest Valley Short -Form PD -R,
located south of Forest Lane and east of South Katillus 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; and I absent. Staff recommends approval.
Synopsis: The applicant is requesting a rezoning of the site from R -2, Single- Family to PD -R to allow
for the development of twenty -four (24) residential lots.
16. ORDINANCE NO. 20,167; Z- 5882 -A: To approve a Planned Zoning Development
and establishing a Planned Office District titled Saugey Revised Short -Form POD,
located at 16715 Cantrell Road, Little Rock, Arkansas, amending Ordinance No. 16,783
and 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 applicant is proposing a revision to the previously approved POD to allow for
additional parking within the rear yard area.
17. ORDINANACE NO. 20,168; Z -8471: To approve a Planned Zoning Development
and establishing a Planned Residential District titled Young Short-Form PD -R, located at
712 Ash Street, 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 request is a rezoning from R -5 to PD -R to allow for the construction of a garage
within the rear yard of this existing single - family home. The rear yard coverage exceeds the
allowable coverage per the Hillcrest Design Overlay District.
18. ORDINANCE NO. 20,169; Z- 4470 -F: Approving a Planned Zoning Development
and establishing a Planned Commercial District titled Lot 3R Chenal Commercial Park
Revised Short-Form PCD, located in the 15500 block of Chenal Parkway, Little Rock,
Arkansas, amending Ordinance No. 19,799 and 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 applicant is requesting approval of a revision to the previously approved PCD for Lot
3R of the Chenal Commercial Park Subdivision to allow a restaurant with a drive - through service
window. This use was approved under the previous PCD approval.
19. ORDINANCE NO. 20,170; Z- 4807 -L: To approve a Planned Zoning Development
and establishing a Planned Commercial District titled Chenal Valley Tract 98A Parcel A
Long -Form PCD, located on the southeast corner of LaGrande Drive and Rahling 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; and 1 absent. Staff
recommends approval.
Synopsis: The request is a rezoning from MF -18 to PCD to allow for the development of this site
with a mixed -use development allowing C -2 and 0-3 uses.
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Little Rock Board of Directors Meeting
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20. ORDINANCE NO. 20,171; LU09- 19 -02: To amend the Land Use Plan in the
Chenal Planning District from Residential High Density to Mixed Use; and for other
purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval.
Synopsis: A Land Use Plan amendment in the Chenal Planning District from Residential High
Density to Mixed -Use for future development.
21. ORDINANCE NO. 20,172; Z- 4807 -M: To approve a Planned. Zoning
Development and establishing a Planned Office District titled Chenal Valley Tract 98A
Parcels B and C Long -Form POD, located on the southeast corner of LaGrande Drive and
Rahling 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; and I
absent. Staff recommends approval.
Synopsis: The request is a rezoning from various zoning classifications to POD to allow for the
development of the site as a health care village.
22. ORDINANACE NO. 20,173; Z- 6476 -B: To approve a Planned Zoning
Development and establishing a Planned Commercial District titled Coulson Oil
Company Revised Short -Form PCD, located at 19500 Cantrell Road, Little Rock,
Arkansas, amending Ordinance No. 18,162 and 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 request is a revision to a previously approved PCD to add additional allowable uses to
the former lube building located within the northern portion of the site.
Director Keck stated that he would have to recuse from Items 19, 20, and 21 due to the
fact that he was employed by St. Vincent's Hospital.
The ordinances were read the first time. Director Adcock made a motion, seconded by
Director Wright, 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 a 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.
SEPARATE ITEMS (Items 13 and 23 — 25)
13. ORDINANCE NO. 20,164; Z -8490: To approve a Planned Zoning Development
and establishing a Planned Commercial District titled Johnson Short-Form PD -C, located
at 4314 Asher Avenue, Little Rock, Arkansas, amending the Official Zoning Map of the
City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 1 nays;
and I absent. Staff recommends approval.
Synopsis: The applicant is proposing a rezoning of the site from C -4, Open Display District to PD -C
to allow for the construction of a new building on the site to house a bar /grill, lounge or tavern.
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Little Rock Board of Directors Meeting
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The ordinance was read the first time. Director Keck made a 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 a motion, seconded by
Director Richardson, 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.
Director Adcock asked what neighborhood associations had been notified regarding the
application. Tony Bozynski, Planning and Development Department Director, stated that
the following neighborhood associations had been notified: Curran Conway
Neighborhood Association; Goodwill Neighborhood Association; Love Neighborhood
Association, Midway Neighborhood Association and the South of Asher Neighborhood
Association. Director Adcock asked how many parking spaces would there be on site.
Mr. Bozynski stated that there were twenty -seven (27) parking spaces on site. Director
Adcock asked if there was a requirement for forty (40) parking spaces, where the
remaining spaces would be located. Mr. Bozynski stated across the alley at the funeral
home. Director Adcock asked what the hours of the club would be. Mr. Bozynski stated
that the proposed hours of operation were Thursday — Sunday; 9:00 PM to 2:00 AM.
Director Adcock asked how many liquor stores were located in the Asher Avenue
corridor. Mr. Bozynski that staff was able to identify three (3) liquor stores in the area.
Director Adcock asked how many transitional living facilities were located in the
corridor. Mr. Bozynski stated that staff identified three (3) transitional living facilities in
the area. Director Richardson asked if any of the facilities were treatment centers, half-
way houses or shelters certified by the State of Arkansas. Mr. Bozynski stated that he did
not have that information.
Director Wyrick stated that several weeks ago the club located at 4310 Asher Avenue
burned. Director Wyrick asked if the location at 4314 Asher Avenue was a replacement
for that club and could the neighborhood expect another club to rebuild at 4310 Asher
Avenue. Mr. Bozynski stated that the proposed club was not a replacement and that the
property at 4310 Asher Avenue was non - conforming. Mr. Bozynski stated that if the fire
damage was less than. 50% of the overall structure, a club could be rebuilt within one (1)-
year.
Bishop Robert E. Smith 3300 Asher Avenue: Stated that he had operated a Christian
academy and daycare at 3300 Asher Avenue for approximately twenty (20) years and that
another club in the area would not be a good development for the community.
Charles Webb 93 Dartmouth Drive: Stated that he was the owner of the C &C Club
which was located at 4310 Asher Avenue. Director Adcock asked if he intended on
rebuilding the club. Mr. Webb stated that they had already started the rebuilding process.
Director Adcock asked when he planned to reopen the club. Mr. Webb stated that he
would like to reopen before Thanksgiving. Director Kumpuris asked Mr. Webb why he
was against the application. Mr. Webb stated that two clubs located side -by -side on
Asher Avenue would create more traffic and possible disturbances.
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Little Rock Board of Directors Meeting
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Clarice Littleton Coleman: Stated that the C &C Club would be rebuilt and if another
club were allowed to open, there would be too much traffic on Asher Avenue.
Derrick Gunn, 4823 West 29th Street: Stated that he owned the funeral home directly
behind the proposed club and that his parking lot was going to be utilized for parking for
the club. Mr. Gunn stated that they welcomed a new development in the area.
Michael Booker, 2210 West 2nd Street: Stated that he represented Charles Webb, who
owned the club located at 4310 Asher Avenue. Mr. Booker stated that according to a
survey that Mr. Webb had conducted, the applicant Tracy Johnson did not own a portion
of the property that was included in the parking plan. Director Cazort stated that the
issue that was before the Board was for a zoning change, not ownership of the property.
City Attorney Tom Carpenter stated that ownership of the property was information that
should have been presented to Planning and Development Staff prior before the matter
was presented to the Planning Commission.
Mr. Bozynski stated the ordinance specified that the reclassification was for lots 10 and
11, and that the survey that Mr. Booker passed around was for lot 12, which was not part
of the application.
Director Wyrick stated that the Little Rock Police Department (LRPD) did not support
the original application for a liquor license from Arkansas Beverage Control (ABC).
Director Wyrick asked why LRPD now supported the application. LRPD Chief Stuart
Thomas stated that LRPD initial opposed the application due to a parking issue; however,
once the issue was resolved, the objection to the permit was withdrawn.
Director Richardson made the motion, seconded by Director Cazort, to call the question
on the vote. By voice vote of the Board Members present, the question to call the vote
was approved.
By roll call vote of the Board Members present, the votes were as follows: Ayes: Hurst;
Cazort; Keck; Wright; Kumpuris; Hendrix; Richardson; and Vice Mayor Fortson. Nays:
Wyrick and Adcock. By a vote of 8 ayes; 2 nays; the ordinance was approved.
23. RESOLUTION NO. 13,046: To authorize the City Manager to enter into an
agreement with the Little Rock Convention and Visitors Bureau to manage and operate
the Little Rock River Market and Riverfest Amphitheater; and for other purposes. staff
recommends approval.
Synopsis: This resolution allows the City to partner with the Little Rock Convention and Visitors
Bureau to operate and manage the Little Rock River Market and Riverfest Amphitheater.
Director Cazort made the motion, seconded by Director Richardson, to approve the
resolution.
Director Keck asked what the length of term on the agreement. City Manager Moore
stated that the agreement would be for one (1) -year and he and the LRCVB Executive
Director would come back to the Board in November 2010 with a plan for future
management.
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Little Rock Board of Directors Meeting
October 6, 2009
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By unanimous voice vote of the Board Members present, the resolution was approved.
24. ORDINANCE NO. 20,174; Z- 5698 -E: 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: 9 ayes; 0 nays; and 2 absent. staff
recommends approval.
Synopsis: West Group, LLC, owner of The Shopping Center located at the southeast corner of
Bowman Road and Hermitage Road is requesting that the zoning be reclassified from C -3 with
conditions to C -3.
The ordinance was read the first time. Director Adcock made a 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 a motion, seconded by
Director Richardson, 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
ordinances was read a third time.
Director Keck asked what specific exceptions were made that were now being asked to
be eliminated in this C -3 classification. Director Keck stated that there was some
concern related to what the Board was being asked to change. Mr. Bozynski stated that
the request was to reclassify the property from C -3 with conditions to C -3 with no
conditions conditions. Mr. Bozynski stated in 1995, the property was rezoned C -3 with
the condition to eliminate a number of uses.
By unanimous voice vote of the Board Members present, the ordinance was approved.
25. ORDINANCE NO. 20,175: To amend Little Rock, Arkansas, Ordinance No.
20,078 (December 22, 2008), to adjust the fiscal year 2009 Budget Ordinance to reflect
revenue and expenditure adjustments for the General Fund, allocate savings from vacant
positions, allocate vacant and sick leave payouts, and make other fund revenue and
expense adjustments; to declare and emergency; and for other purposes. Staff recommends
approval.
Synopsis: Eight (8) adjustments need to be made to the FY09 Budget to adjust for anticipated
revenue shortfalls and other known expenditure changes.
The ordinance was read the first time. Director Adcock made a 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 Keck asked the City Manager to review the eight (8) adjustments that needed to
be made to the Budget to adjust for the anticipated shortfalls. Sara Lenehan, Finance
Department Director, explained that due to the fact that the revenue expectations have
fallen an additional $3 million over the initial adjustment on August 8, 2009, transfers
have been recommended to come into the General Fund to offset the shortfall. The end
result of the revenue adjustments was an increase to revenues of $700,000 that was
Little Rock Board of Directors Meeting
October 6, 2009
6:00 PM
generated by the transfers. Ms. Lenehan explained the eight (8) budget adjustments as
follows:
1. Estimated changes to General Fund Revenues ($3,080,495): The net decrease
adjustment anticipates negative growth in sales tax revenues for the remainder of the
year ranging from -6% for July sales and gradually improving to -2% for November
and December sales.
2. Closing of Special Projects and transfer remaining balances to the General Fund
($2,349,147): Projects with unencumbered balances older than one (1) -year and the
residual balances of completed 2009 projects were recommended for closing. The
project closing list was reviewed and recommended by Department Directors.
3. Transfer from the Waste Disposal Fund ($1,431,348): Transfer from the unrestricted
reserves of the Waste Disposal Fund to the General Fund.
4. Reduction in Fuel Cost ($600,000): Due to fuel prices being lower than anticipated,
the General Fund departmental fuel budgets will be reduced for fuel savings
anticipated through year -end based on fuel consumption.
5. Police Overtime Adjustment $500,000): Increase the personnel budget of the Little
Rock Police Department to provide for excess overtime expenditures.
6. Zoo Expense Reductions ($90,260): Zoo operating expenses, primarily travel,
training, paper and forms, supplies small equipment and professional dues were
reduced to help offset revenue shortfalls.
7. Golf Expense Reductions ($63,985): Rebsamen's eighteen (18) -hole Championship
Golf Courses have been closed for nine (9) weeks due to the resurfacing of the
greens. Golf operating expenses will be reduced to help offset lost revenues during
that period.
8. Vacancy Savings Vacation/Sick Leave Payouts and Pay Pool ($4,751.655): Salary
and benefit savings that have occurred due to vacant positions. The adjustment
recognized additional savings and Vacation/Sick payouts generated in July and
August.
Director Hurst made a 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 ordinances was read a third time. By
unanimous voice vote of the Board Members present, the ordinance was approved. By
unanimous voice vote of the Board Members present, the emergency clause was
approved.
Director Wright made the motion, seconded by Director Richardson, to adjourn the
meeting. By unanimous voice vote of the Board Members present, the meeting was
adjourned.
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Little Rock Board of Directors Meeting
October 6, 2009
6:00 PM
ATTEST:
WCD -
Susan L n ey, -Av,,ting City Clerk
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APPROVED:
� L�
Mark Stodola, Mayor