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02-15-11Little Rock Board of Directors Meeting February 15, 2011 6:00 PM Little Rock Board of Directors Meeting February 15, 2011 6:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a regular meeting with Mayor Mark Stodola presiding. City Clerk Susan Langley called the roll with the following Directors present: Hendrix; Richardson; Hurst; Cazort; Hines; Wright; Wyrick; Fortson; Adcock; Vice Mayor Kumpuris and Mayor Stodola. Director Cazort delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS City of Little Rock Retirement Recognition Eddie Cole, Little Rock Parks & Recreation Department Charles Roark, Little Rock Fire Department MODIFICATIONS M -1 RESOLUTION NO. 13,272: To award a contract for public relations and advertising design and consultation services for the Little Rock Zoo to Blackwood and Company, LLC; and for other purposes. Staffrecommends approval. Synopsis: This resolution awards a contract to Blackwood and Company, LLC, in the maximum amount of $70,000 for 2011 with the possibility of three (3), one (1) -year extensions on the same terms and conditions and to authorize the City Manger to enter into a contract with Blackwood and Company, LLC, for such work. Director Richardson made the motion, seconded by Director Adcock, 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- 5 and Item M -1) 1. RESOLUTION NO. 13,267; G -23 -424: To set the date of March 1, 2011, as the date of hearing to abandon a right -of -way, located within Block 282, Original City of Little Rock, block bounded by Daisy Bates Drive, West 15`" Street, Ringo Street and Cross Street; and for other purposes. Planning Commission: 8 ayes; 0 nays; I absent; and 2 open positions. Staff recommends approval. Synopsis: The adjacent property owners are requesting to abandon the north -south ten (10) -foot wide alley right -of -way located within Block 282, Original City of Little Rock. 1 Little Rock Board of Directors Meeting February 15, 2011 6:00 PM 2. RESOLUTION NO. 13,268; Z- 7119 -B: To set the date of March 1, 2011, as the date of hearing on an appeal of the denial of a Planned Zoning District titled USA Drug Revised Short-Form PD -C; and for other purposes. Planning Commission: 4 ayes; 5 nays; 0 absent; and 2 open positions. Staff recommends denial. Synopsis: The request is an appeal of the Planning Commission's recommendation of denial of a revision to the existing PD -C to allow signage along the eastern fagade located without public street frontage. 3. RESOLUTION NO. 13,269: To accept title to property donated to the City of Little Rock by warranty deed, to be used for neighborhood revitalization programs. Staff recommends approval. Synopsis: In an effort to increase the number of properties held by the Land Bank and maximize the City's revitalization efforts, the staff would like to accept the donation of the property located at 9500 Geyer Springs Road. The property is an undeveloped weed lot with no structure. The property is zoned C -1, Commercial, which includes single - family and multi - family residential uses. 4. RESOLUTION NO. 13,270: To accept title to property donated to the City of Little Rock by warranty deed, to be used for neighborhood revitalization programs. Staff recommends approval. Synopsis: In an effort to increase the number of properties held by the Land Bank and maximize the City's revitalization efforts, the staff would like to accept the donation of the property located at 3823 West 19`h Street. The parcel is approximately 5,380 square feet with a structure on it that has been declared unsafe by the City's Code Enforcement Staff. 5. RESOLUTION NO. 13,271: To authorize the City Manager to execute a three (3)- year renewal Core Cal Maintenance Agreement with SHI, Inc., in the maximum total amount of $353,682, plus applicable fees and taxes for current users; to allow additional payment for any future additional users on a per -user basis; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to enter into a three (3) -year renewal of the City's core Client Access Licenses through a Microsoft Enterprise Agreement, in a form agreeable to the City Attorney, which will allow all the City's computer users to continue to connect legally to all City servers with the most current version of software that supports email, file shares, system management services and share point. The contract will also allow coverage of additional new users in the future, if the City has any during the contract period, on a cost per user basis. M -1 RESOLUTION NO. 13,272: To award a contract for public relations and advertising design and consultation services for the Little Rock Zoo to Blackwood and Company, LLC; and for other purposes. Staff recommends approval. Synopsis: This resolution awards a contract to Blackwood and Company, LLC, in the maximum amount of $70,000 for 2011 with the possibility of three (3), one (1) -year extensions on the same terms and conditions and to authorize the City Manger to enter into a contract with Blackwood and Company, LLC, for such work. 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. 2 Little Rock Board of Directors Meeting February 15, 2011 6:00 PM Director Cazort made the motion, seconded by Director Richardson, to read Item 8 separately. By unanimous voice vote of the Board Members present, Item 8 was read separately. Mayor Stodola indicated that he had received a card from an individual that wanted to speak regarding Item 7; therefore, Item 7 would be read separately. Mayor Stodola asked that Item 9 be read separately. SEPARATE ITEMS (Items 6 —12) 6. ORDINANCE NO. 20,400: Condemning certain structures in the City of Little Rock as structural, fire and health hazards; providing for summary abatement procedures; directing the City Manager to take such action as is necessary to raze and remove said structures; declaring an emergency; and for other purposes. Staffrecommends approval. Synopsis: The structure located at 6817 Colonel Glenn Road has become run -down, dilapidated, unsightly, dangerous and detrimental to the public welfare of the citizens of the City of Little Rock, despite the City's efforts to work with Earl Franklin, the owner of the property, to rehabilitate the structure. 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 Hurst, 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. 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. 7. ORDINANCE NO. 20,401: Condemning certain structures in the City of Little Rock as structural, fire and health hazards; providing for summary abatement procedures; directing the City Attorney to take such action as is necessary to raze and remove said structures; declaring an emergency; and for other purposes. Staff recommends approval. Synopsis: One (1) residential structure in dilapidated and /or burned condition causing negative environmental impact on the residential neighborhood where the structure is located. Property is located at 7100 Mabelvale Cutoff. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Hurst, 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. 3 Little Rock Board of Directors Meeting February 15, 2011 6:00 PM Arkie Byrd, 415 Main Street: Stated that she represented the owner, Bruce Tate, and that Mr. Tate recognized the structure would be demolished; however, he would like to have until the end of the month to have the structure removed himself. Mayor Stodola stated that staff would work with the owner to determine if he would be able to have the structure removed in a sufficient timeline. Director Wyrick asked if Mr. Tate would have the structure removed by the end of the month of February, or by the end of the month of March. Ms. Byrd stated that Mr. Tate would have the structure removed by the end of February. Mayor Stodola stated that if Mr. Tate did not remove the structure within thirty (30) days, the City would proceed to have the demolition scheduled. City Manager Bruce Moore stated that there was an accessory structure that needed to be removed, as well and a demolition permit would need to be obtained. Ms. Byrd stated that Mr. Tate would remove the accessory structure and a demolition permit would be obtained. 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. 8. ORDINANCE: To amend Little Rock, Ark., Rev. Code § 30 -324 (1988) to set forth a procedure to change the name of, or to rename, a street including a street originally name for an individual; declaring an emergency; and for other purposes. staff recommends approval. Synopsis: This ordinance codifies a procedure to be followed when there is a request for a street name change. Director Cazort stated that he agreed that there needed to be standards for how streets were named; however, he thought that situations might arise in the future with an individual being honored that was still alive. Director Adcock asked if the ordinance were passed, if the Board would be able to declare a waiver should they decide to name a street after a living person. City Attorney Tom Carpenter stated that a waiver could be made through an ordinance noting an amendment. City Attorney Carpenter stated that an amendment could be made on Page 2, Lines 1 and 2, Subsection i to read, "the person to be honored is deceased and was a resident of, or a native of, the City of Little Rock, or in an extraordinary case is still alive the Board approves renaming the street; ". 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 Hendrix, to suspend the rules and place the ordinance on third reading. By 11 Little Rock Board of Directors Meeting February 15, 2011 6:00 PM unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. By roll call vote of the Board Members present, the vote was as follows: Yes: Hendrix; Hines; Wright; Fortson; and Adcock. No: Richardson; Hurst; Cazort; Wyrick; and Vice Mayor Kumpuris. By a vote of 5 ayes and 5 nays, with the Mayor choosing not to vote, the ordinance failed. 9. ORDINANCE NO. 20,407: To amend Little Rock, Ark., Ordinance No. 20,396 (February 1, 2011) to provide for modification of various procedures, definitions and land use regulations, that relate to event centers and private clubs; declaring an emergency; and for other purposes. Staff recommends approval. City Attorney Carpenter stated that the proposed ordinance contained both private clubs and event centers. City Attorney Carpenter stated that Page 3, Line 11, had been changed from, "shall not be located within 1,000 feet..." to "should not be located within 1,000 feet...." City Attorney Carpenter stated that he felt that the 1,000 -foot setback would have made it virtually impossible for anyone to locate a private club or event center within the City. City Attorney Carpenter stated that when the City passed the sexually - oriented business ordinance, the 1,000 -foot setback was initially studied; however, it was determined that there was nowhere for them to be located. For that reason, a 750 -foot setback was specified for sexually- oriented business and the recommendation was to utilize a 750 -foot setback for private clubs and event centers. 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 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. 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. 10. ORDINANCE NO. 20,402; Z- 3150 -J: To reclassify property located in the zoning jurisdiction of the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes; 0 nays; I absent; and 2 open positions. Staff recommends approval. Synopsis: The owner of the 3.572 -acre property located at 9222 Interstate 30 is requesting that the zoning be reclassified from C -4 to C -3 (with condition). 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 Richardson, to suspend the rules and place the ordinance on third reading. By E Little Rock Board of Directors Meeting February 15, 2011 6:00 PM unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a third time. By unanimous voice vote of the Board Members present, the ordinance was approved. 11. ORDINANCE NO. 20,403; Z -8611: To approve a Planned Zoning Development and establish a Planned Commercial District titled Rowan Cantrell Road Short-Form PCD, located on the southeast corner of Cantrell Road and Woodland Heights Road, 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; 0 absent; and 2 open positions. Staff recommends approval. (Deferred from January 18, 2011) (Deferred from February 1, 2011) Synopsis: The request is a rezoning from R -2, Single - Family, to PCD to allow for the construction of a two (2) -story office and retail building on the site. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Hurst, 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 Richardson 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. By unanimous voice vote of the Board Members present, the ordinance was approved. 12. ORDINANCE NO. 20,404: To authorize various members of City Boards and Commissions to contract with the City, and to set the parameters of such contracts; declaring an emergency; and for other purposes. Staffrecommends approval. City Attorney Carpenter stated that it had been called to his attention that Planning Commission member Troy Laha provided surveying services for the Land Bank Commission and Sister Cities Commission member Carolyn Witherspoon's law firm Cross, Gunter Witherspoon & Galchus, represented the Civil Service Commission, Little Rock Municipal Airport Commission and the Sanitary Sewer Committee. City Attorney Carpenter stated that both individuals needed to be added into Exhibit A of the proposed ordinance. Director Cazort made the motion, seconded by Director Hurst, to add Troy Laha and Carolyn Witherspoon to Exhibit A of the proposed ordinance. By voice vote of the Board Members present, with Director Richardson voting in opposition, the motion was approved. The ordinance as amended was read the first time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance as amended on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance as amended was read a second time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinance as amended on third reading. By unanimous voice vote of the Board Members 0 Little Rock Board of Directors Meeting February 15, 2011 6:00 PM present, the rules were suspended and the ordinance as amended was read a third time. By voice vote of the Board Members present, with Director Richardson voting in opposition, the ordinance as amended was approved. By voice vote of the Board Members present, with Director Richardson voting in opposition, the emergency clause was approved. PUBLIC HEARING (Item 13) 13. ORDINANCE NO. 20,405; G -23 -426: To abandon the remaining one -half block of the sixty (60) -foot wide West 17 1h Street right -of -way located immediately west of Dr. Martin Luther King, Jr., Drive, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes; 0 nays; 1 absent; and 2 open positions. Staff recommends approval. Synopsis: Arkansas Baptist College is requesting the abandonment of the remaining one -half block of the sixty (60) -foot wide West 17`h Street right -of -way located immediately west of Dr. Martin Luther King, Jr., Drive. The block and a half of 17`h Street right -of -way extending west in Marshall Street was abandoned by the City on July 20, 2010. The ordinance was read the first time. Director Adcock made the motion, seconded by Director Hurst, 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 Hurst, 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 were individuals present that wished to speak for or against the item. There being none present, Mayor Stodola closed the public hearing By unanimous voice vote of the Board Members present, the ordinance was approved. DISCUSSION (Item 14) 14. DISCUSSION: 2011 Legislative Update Mayor Stodola stated that the Board had been previously provided with a draft to modify the language in the State Statute that was necessary to address the issue of disclosure for the individuals that volunteer to serve on the various City Boards and Commissions. Director Cazort made the motion, seconded by Director Richardson, to add the issue of modifying the language necessary to address the issue of disclosure for the individuals that volunteer to serve on the various City Boards and Commissions to the City's 2011 7 Little Rock Board of Directors Meeting February 15, 2011 6:00 PM Legislative Package. By unanimous voice vote of the Board Members present, the motion was approved. Mayor Stodola distributed a draft for consideration to increase the membership of the Little Rock Port Authority by two (2) members. Director Cazort made the motion, seconded by Director Hurst, to add the language for the increase of the membership of the Little Rock Port Authority to the City's 2011 Legislative Package. By unanimous voice vote of the Board Members present, the motion was approved. City Attorney Carpenter distributed copies of a draft of a proposed Act that would decrease the time for challenges for a negotiated land sale to the State Land Commissioner from one (1) -year to six (6) months. Director Cazort made the motion, seconded by Director Hurst, to add the proposed Act to decrease the time for negotiated land sale challenges to the City's 2011 Legislative Package. By unanimous voice vote of the Board Members present, the motion was approved. Mayor Stodola distributed copies of two (2) ordinances to increase the membership for the Civil Service Commission and the Sanitary Sewer Committee by two (2) members. Mayor Stodola stated that by increasing the number of members, the City would continue to meet the desire for the Boards and Commissions make -up to reflect the diversity of the City. In addition, the Civil Service Commission, Sanitary Sewer Committee and the Little Rock Port Authority only had five (5) members and by increasing the membership, it would the Commission consistent with most of the other Boards and Commissions that had seven (7) members. Mayor Stodola stated that he would like to add the ordinances to the next Board Agenda. CITIZEN'S COMMUNICATION Lucille Robinson, 2322 Center Street: Stated that the Soar Network was attempting to place a homeless shelter in her neighborhood and that she was opposed to the facility being located in the area. Marcos R. Wise, 2602 Center Street: Stated that he had lived in the Meadowbrook Community for two (2) and one -half years, and significant improvements had been made to the area. Mr. Wise stated that he was opposed to a homeless facility being placed in the area. Robert McKaskle, 2604 Center Street: Stated that he was opposed to the location of a homeless facility in the Meadowbrook area. City Manager Moore stated that Capitol Zoning Commission had jurisdiction over the matter. City Manager Moore stated that staff had researched the proposal and felt that it was not a permitted use for Capitol Zoning. City Manager Moore stated that earlier in the day, he was informed by the Executive Director of Capitol Zoning that he would not 8 Little Rock Board of Directors Meeting February 15, 2011 6:00 PM be approving the application. City Manager Moore stated that as a result of the denial, the applicant could appeal the decision to the Capitol Zoning Commission. Loretta Hendrix: Stated that the housing development located in the Meadowbrook Community needed to be maintained. Director Adcock stated that the month of March had five (5) Tuesdays, and that the Board should utilize the fourth Tuesday for a work session to discuss the needs in the various Wards that would be included in a possible sales tax initiative. Director Hendrix made the motion, seconded by Director Wright, for the Board to utilize the fourth Tuesday in March to discuss a possible sales tax initiative. By unanimous voice votes of the Board Members present, the motion was approved. Director Cazort made the motion, seconded by Director Richardson, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. ATTEST: I APPROVED: ZIK0�4 Mark Stodola, Mayor