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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 1 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 October 6, 2009 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. M Little Rock Board of Directors Meeting October 6, 2009 6:00 PM 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. 5 Little Rock Board of Directors Meeting October 6, 2009 6:00 PM 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. 0 Little Rock Board of Directors Meeting October 6, 2009 6:00 PM 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. 7 Little Rock Board of Directors Meeting October 6, 2009 6:00 PM 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. 11 Little Rock Board of Directors Meeting October 6, 2009 6:00 PM ATTEST: WCD - Susan L n ey, -Av,,ting City Clerk 10 APPROVED: � L� Mark Stodola, Mayor