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.
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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.
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Little Rock Board of Directors Meeting
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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,
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Little Rock Board of Directors Meeting
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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.
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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
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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
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