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10-20-09Little Rock Board of Directors Meeting October 20, 2009 6:00 PM Little Rock Board of Directors Meeting October 20, 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 Hendrix delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS Domestic Violence Proclamation: Mayor Stodola presented the staff of Cloverdale Middle School with a proclamation declaring October as Domestic Violence Awareness Month in the City of Little Rock. Community Planning Month Proclamation: Mayor Stodola presented Tony Bozynski, Planning and Development Department Director, with a proclamation declaring October as Community Planning Month in the City of Little Rock. Safe Places Cinderella Ball: Kathy Findley, Safe Places Executive Director, invited the Board to the Safe Places Cinderella Ball that would be held that weekend. Boo at the Zoo: Mike Blakely, Little Rock Zoo Director, invited the Board to attend the 19th Annual Boo at the Zoo. Mayor's Youth Council Leadership Class: Members of the Mayor's Youth Council Leadership Class gave an overview regarding their recent trip to Little Rock Sister City Newcastle Upon Tyne. MODIFICATIONS M -1. MOTION: To approve minutes of the Little Rock Board of Directors Meetings of July 7, 2009, September 15, 2009, and October 6, 2009; and the Little Rock Board of Reconvened Meeting OF June 9, 2009. Director Richardson 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. CONSENT AGENDA (Items 1— 3) 1. MOTION: To approve minutes of the Little Rock Board of Directors Meeting of May 5, 2009, and September 1, 2009; and the Little Rock Board of Directors Reconvened Meetings of June 30, 2009, and September 22, 2009. 1 Little Rock Board of Directors Meeting October 20, 2009 6:00 PM 2. RESOLUTION NO. 13,048; G -25 -203: To change the name of Burnett Road to Sweetwater Cove; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. Synopsis: The property owners and residents abutting Burnett Road are requesting that the name of the street be changed to Sweetwater Cove. 3. RESOLUTION NO. 13,049; G -23 -410: A resolution to set November 3, 2009, as the date of hearing on the petition to abandon approximately 516 feet of the West 29th Street Right -of -Way, located immediately west of Fair Park Boulevard, in the City of Little Rock, Arkansas; and for other purposes. Synopsis: The University of Arkansas at Little Rock, the adjacent property owner, is requesting to abandon approximately 516 feet of the West 29`h Street right -of -way located immediately west of Fair Park Boulevard. 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. GROUPED ITEMS (Items 4 —11) 4. ORDINANCE NO. 20,176; Z -8473: 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: IOyes; Onays; and I absent. Staff recommends approval. Synopsis: The owner of the 0.63 -acre property located at the southwest corner of West 12 and and Wolfe Streets is requesting that the zoning be reclassified from R -4 and C -3 to 0-3. 5. ORDINANCE NO. 20,177; Z -8493: 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 owner of the 3.70 -acre property is located at 6510 Woodson Road is requesting that the zoning be reclassified from R -2 and I -2 to C -3. 6. ORDINANCE NO. 20,178; Z -8494: 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 1 absent. Staff recommends approval. Synopsis: The owner of the 2.60 -acre property located on the south side of Interstate 30, approximately 400 feet east of Sibley Hole Road, is requesting that the zoning be reclassified from R- 2 to I -2. 7. ORDINANACE NO. 20,179; LU09- 18 -01: To amend the Land Use Plan in the Ellis Mountain Planning District from Residential Medium Density to Suburban Office; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. 2 Little Rock Board of Directors Meeting October 20, 2009 6:00 PM Synopsis: A Land Use Plan amendment in the Ellis Mountain Planning District from Residential Medium Density to Suburban Office for future development. 8. ORDINANCE NO. 20,180: To establish an overlay district for the Central High Neighborhood Design Overlay District pursuant to the Design Overlay Authority of Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. Synopsis: To establish the Central High Neighborhood Design Overlay District. 9. ORDINANCE NO. 20,181: To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances entitled "Landscaping and Tree Protection." and for other purposes. Staff recommends approval. Synopsis: City Staff and the City Beautiful Commission are proposing various amendments to the City's landscape ordinance. Many of the changes are "clean -up" in nature. Others will change various standards and criteria, resulting in enhanced landscape standards and higher quality developments. 10. ORDINANCE NO. 20,182: To establish the rate of taxation of property for the City of Little Rock for the year 2010 for various funds of the City of Little Rock, Arkansas, to declare and emergency; and for other purposes. Staff recommends approval. Synopsis: Adoption of an ordinance levying property taxes to be paid on real and personal property located within the City of Little Rock for 2010. 11. ORDINANCE NO. 20,183: To adopt an asset management and disposition policy for Little Rock Parks and Recreation park land; and for other purposes. Staff recommends approval. The ordinances were read the first time. Director Adcock made the motion, seconded by Director Cazort, 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 Richardson, 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 10 was adopted. PUBLIC HEARING (Item 12) 12. RESOLUTION NO. 13,050: To Authorize the offering of up to $7,000,000 of City - of Little Rock, Arkansas, Sewer Revenue Bonds, Series 2009B; to authorize the execution of a bond purchase agreement; to provide for other matters in connection therewith; and for other purposes. Staff recommends approval. Little Rock Board of Directors Meeting October 20, 2009 6:00 PM Vice Mayor Fortson stated that due to the fact that he was a shareholder and director of one of the parent companies involved, he would have to recuse from voting and any discussion regarding Item 12. Mayor Stodola opened the public hearing and asked if there were any individuals present that wanted to speak to the issue. There being no one present to speak, Mayor Stodola closed the public hearing. Director Keck made the motion, seconded by Director Wyrick, to approve the resolution. By voice vote of the Board Members present, the resolution was approved. SEPARATE ITEMS (Items 13 —15) 13. ORDINANCE NO. 20,186: To authorize the construction of betterments and improvements to the sewer system of the City of Little Rock, Arkansas; to authorize the issuance and sale of sewer revenue bonds; providing for the payment of the principal of and interest on the bonds; and to prescribe matters relating thereto. (1S` and 2nd Reading) Staff recommends approval. Vice Mayor Fortson stated that due to the fact that he was a shareholder and director of one of the parent companies involved, he would have to recuse from voting and any discussion regarding Item 13. 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 voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. 14. RESOLUTION: To approve the 2010 Annual Action Plan for CDBG and HOME Funds; to authorize the City Manager to submit the Action Plan for consideration by the United States Department of Housing and Urban Development; and for other purposes. Staff recommends approval. Synopsis: The Annual Action Plan delineated the uses of the CDBG and HOME entitlements for the 2010 Program Year (January 1, 2010 — December 31, 2010). This Board action approves the submission of the Action Plan to the Department of Housing and Urban Development. Director Adcock stated that she had reservations regarding the amount recommended for the Oak Forest Community Garden, and that she had heard that residents in the surrounding community were not allowed to participate in the gardening. Director Adcock asked for a complete list of how the funds could be utilized. Director Wright stated that she had heard some of the same complaints regarding the relationship between the community and the individual that runs that garden. Director Hendrix asked what the timeline was for submitting the action plan to HUD. City Manager Bruce Moore stated the plan needed to be submitted by November 14, 4 Little Rock Board of Directors Meeting October 20, 2009 6:00 PM 2009. Director Hendrix asked if the item could be removed from the plan. City Manager Moore stated that if any of the items were removed, the plan would have to be advertised for an additional thirty (30) days, which would place it past the November 14, 2009, deadline. City Manager Moore stated that if the plan was not submitted, the entire allocation of CDBG and HOME Funds in the amount of $3,142,178 for the City would be in jeopardy. City Manager Moore stated that the changes that the Board made to the plan at the August 18, 2009, Board of Directors Meeting had been published for the required thirty (30) days and that he recommended approval of the plan so that the City's allocation would not be jeopardized. Mayor Stodola asked if the plan was not submitted by November 14, 2009, would the City not receive the funds. Andre Bernard, Housing & Neighborhood Programs Department Director, stated that it would be HUD's option not to fund the projects. City Attorney Tom Carpenter reminded the Board that in addition to the various projects, the package also included the Section 108 loan that helped pay the note for Kramer School and the Willie L. Hinton Neighborhood Resource Center. Director Hurst stated that she felt like there needed to be clarification as to if the City could ask HUD for an extension. Director Hurst asked if the item was deferred for two (2) weeks until clarification could be received regarding an extension, would there still be adequate time to submit the plan to HUD should an extension be denied. City Manager Moore stated that he would prefer that the Board recess the current meeting until the following week. Director Wyrick asked who would sign the contract. Mr. Bernard stated that the both City Attorney and City Manager would sign the contract, in addition to the entity that the City partnered with. Director Wyrick asked who, in the case of the Oak Forest Community Garden, would sign the contract. Mr. Bernard stated that it was an incorporated organization; therefore, the president of the organization would sign the contract. Director Wyrick asked who would monitor the contract once the funds were expended. Mr. Bernard stated that staff monitored the contract to verify the expenditures. Director Hurst made the motion, seconded by Director Wright, to defer the issue until a Recessed Meeting on October 27, 2009, should there be one called, or until the November 3, 2009, Board of Directors Meeting. By roll call vote of the Board Members present, the votes were as follows: Ayes: Hurst; Wright; Wyrick; Kumpuris; Adcock; Hendrix; and Vice Mayor Fortson. Nays: Richardson; Cazort; and Keck. By a vote of 7 ayes; 3 nays, the motion passed. 15. ORDINANCE NO. 20,185: 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; to declare an emergency; and for Other purposes. Staff recommends approval. Synopsis: Authorization to adjust the Fiscal Year 2009 Budget for changes to the General Fund based on anticipated decline in sales tax revenues. The ordinance was read the first time. 5 Little Rock Board of Directors Meeting October 20, 2009 6:00 PM Director Keck asked if there were employee furloughs or reductions included in the budget amendment, and City Manager Moore stated that there were not. Director Keck stated that in preparation for the 2010 Budget, everything needed to be put on the table for consideration and that staff needed to start with a zero -based budget. Director Adcock asked for clarification regarding giving authority to the City Manager to take any and all steps to adjust the City budget for 2009, provided that the Mayor and Members of the Board of Directors are notified in writing of any such adjustment within five (5) working days of such action; and, provided further, that the Board of Directors shall retain the authority to amend or repeal such action at the next special or regular meeting. City Attorney Tom Carpenter stated that if the ordinance was passed, it would take effect a little more than sixty (60) days before the end of the year, and this would allow him to look at the sales tax numbers to determine what was actually available. Director Cazort made the motion, seconded by Director Hurst, to suspend the rules and place the ordinance on second reading. By voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Cazort made the motion, seconded by Director Adcock, to suspend the rules and place the ordinance on third reading. By voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. Ayes: Hurst; Cazort; Wright; Wyrick; Kumpuris; Adcock; Hendrix; and Vice Mayor Fortson. Nays: Richardson and Keck. By a vote of 8 ayes; 2 nays, the ordinance was approved. By unanimous voice vote of the Board Members present, the emergency clause was approved. CITIZEN'S COMMUNICATION Annie Robinson, Allyson Circle: Stated that she had lived in the area for thirty -three (33) years and that Ballinger Road had not received any improvements during in that time. Ms. Robinson stated that Ballinger Road needed drainage work completed and Butler Road had a ditch that needed filling and needed to have curbs installed. Richard Morehead, Chicot Road: Voiced his concern regarding Little Rock Fire Department Management's decision regarding the fact that minimum staff would be reduced by two (2) if there were any overtime expenditures. Mr. Morehead stated that Truck 1 and Truck 7 would be reduced from four (4) to three (3) firefighters, and he asked that the Board commit to maintaining minimum daily staffing. City Manager Moore stated that he had visited with the Fire Chief and that he believed that in no way were the citizens of Little Rock less safe due to the reduction. City Manager Moore stated that the two (2) trucks had historically run with three (3) firefighters, and that it was during the previous Fire Chief s tenure that the fourth firefighter was added. Director Cazort made the motion, seconded by Director Wright, to recess the meeting until October 27, 2009, to address the 2010 Annual Action Plan for CDBG and HOME 0 Little Rock Board of Directors Meeting October 20, 2009 6:00 PM Funds. By voice vote of the Board Members present, the meeting was recessed until October 27, 2009. ATTEST: APPROVED: l Susan a le , cting City Clerk Mark Stodola, Mayor 7