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10-03-11Little Rock Board of Directors Meeting October 3, 2011 6:00 PM Little Rock Board of Directors Meeting October 3, 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 Richardson delivered the invocation, which was followed by the Pledge of Allegiance. DEFERRALS: 4. RESOLUTION: To approve the implementation of the Land Bank Property Program for Little Rock School District teachers; to approve guidelines and policies for transfers under the program; and for other purposes. Staff recommends approval. (Deferred at Staff's Request) Synopsis: In an effort to increase home ownership, stabilize property values, and promote neighborhood cohesion surrounding educational institutions, the Land Bank Commission would like to implement a program in which the City provides properties held by the Land Bank to Little Rock School District teachers for development of their primary residence at no cost. 11. ORDINANCE: An ordinance to amend Little Rock, Ark., Rev. Code §17.5 -26(a) to clarify penalties for parents of the juveniles who violate the curfew ordinance; to authorize the City Manager, or designee, to declare a particular location subject to different curfew hours because of a public safety threat; to declare an emergency; and for other purposes. Staff recommends approval. (Deferred until October 18, 2011) Synopsis: The ordinance clarifies that both minors, and their parents or guardians, are subject to the provisions of the City's minor curfew ordinance, and will give the City Manager, or designee, the ability to declare a particular location subject to different curfew hours because of a public threat. 12. ORDINANCE: To condemn certain structures in the City of Little Rock as structural, fire and health hazards; to provide for summary abatement procedures; to direct the City Attorney to take such action as is necessary to raze and remove said structures; to declare an emergency; and for other purposes. Staff recommends approval. (Deferred until October 18, 2011) Synopsis: Ten (10) residential structures in dilapidated and/or burned condition causing a negative environmental impact on the residential neighborhoods in which they are located. Director Adcock made the motion, seconded by Director Cazort, to defer Item 4 until a later date and Items 11 & 12 until October 18, 2011. By unanimous voice vote of the Board Members present, Item 4 was deferred until a later date and Items 11 & 12 were deferred until October 18, 2011. PRESENTATIONS City of Little Rock Retirement Recognition Jerry Booker, Little Rock Parks & Recreation National Night Out Proclamation Security Awareness Month Proclamation Little Rock Board of Directors Meeting October 3, 2011 6:00 PM CONSENT AGENDA (Items 1 — 3 and Items 5 - 7) 1. RESOLUTION NO. 13,371: To authorize the Mayor, the City Manager and the City Clerk to execute any and all documents for the sale of the City of Little Rock's interest in Ray Winder Field to the Board of Trustees of the University of Arkansas; and for other purposes. Staff recommends approval. Synopsis: The resolution authorizes the City Manager, Mayor and City Clerk to execute the documents needed to sell the City's interest in Ray Winder Field to the Board of Trustees of the University of Arkansas for $1,321,133. 2. RESOLUTION NO. 13,372; Z- 4411 -L: To set November 1, 2011, as the date of hearing on the petition to rescind the denial of a request to amend the PCD titled Pleasant Ridge Town Center Revised Long -Form PCD, located on the southwest corner of Cantrell Road and Woodland Heights Road; and for other purposes. Planning Commission: 0 ayes; 9 nays; 1 recusal; and 1 absent. Staff recommends denial. Synopsis: The request is an appeal of the Planning Commission's recommendation of denial of a request to amend the PCD in four areas. The revisions consist of driveway realignment and openings in three areas and to add additional parking in the southeastern portion of the site. 3. RESOLUTION NO. 13,373: To authorize the City Manager to approve a one (1) -year extension of the annual maintenance agreement with Motorola, Inc., and for other purposes. Staff recommends approval. Synopsis: Little Rock, Ark., Ordinance No. 20,158 (September 15, 2009) dispensed with competitive bidding and awarded a maintenance agreement with Motorola, Inc., for the City's emergency communications infrastructure. The ordinance provided for three (3) annual extensions of the agreement upon recommendation of the City Manager. 5. RESOLUTION NO. 13,374: 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, Travelers, has proposed renewal of the existing policy. The renewal includes a 2.5% increase in property values to cover inflationary pressure to building materials and leaves various sub - component rates unchanged. The total premium increases approximately 7% with a substantial portion due to added properties and the adjustment noted. 6. RESOLUTION NO. 13,375: To authorize the Little Rock Sanitary Sewer Committee to seek voluntary annexation of certain properties used for sanitary sewer facilities; to authorize a petition to the Pulaski County Court for such annexation; and for other purposes. Staff recommends approval. 7. RESOLUTION NO. 13,376: To authorize the City Manager to enter into contracts for the construction /rehabilitation of two (2) single - family dwellings as part of the Neighborhood Stabilization Program 2 (NSP2); and for other purposes. Staff recommends approval. Synopsis: Constructfrehabilitation two (2) residential structures as part of the NSP2 Program. 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. Little Rock Board of Directors Meeting October 3, 2011 6:00 PM SEPARATE ITEMS (Items 8 —10) 8. RESOLUTION NO. 13,378: To authorize the Mayor to issue a letter of support to the Arkansas Development Finance Authority for the rehabilitation of Barrington Hills Apartments at 1221 Reservoir Road, in the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. Synopsis: The resolution would authorize the Mayor to sign a letter of support for the issuance of Private Activity Bonds and Tax Credits to the Arkansas Development Finance Authority for renovations at the complex. Rae Schnabez, 104 Armour Road, North Kansas City, MO: Stated that she represented the owners of Barrington Hill Apartments and that they had met with the Community Housing Advisory Board (CHAB) regarding security concerns in and around the facility. Ms. Schnabez stated that the owners had implemented several measures to address the concerns expressed by the CHAB. Director Adcock made the motion, seconded by Director Richardson to approve the resolution. By unanimous voice vote of the Board Members present, the resolution was approved. 9. RESOLUTION NO. 13,377: To authorize the City Manager to enter into a contract with Waste Management of Arkansas to provide curbside recycling City of Little Rock, Arkansas, customers; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to enter into a seven (7) -year contract with three (3), one (1)- year extension options with Waste Management of Arkansas to provide for curbside recycling for approximately 58,000 Solid Waste Customers. City Manager Bruce Moore distributed a revised resolution in which he made the recommendation to utilize one (1) -time funding from the Solid Waste Fund to pay for the monthly .69¢ increase for each solid waste customer for Fiscal Year 2012. Leo Hauser, 22 Ridgefield Cove: Voiced his support for the recycling contract with Waste Management of Arkansas. Mollie Irvin, 507 Deerbrook Road: Voice her opposition to the recycling contract and the increase in fees. Scharmel Rouseel, 70 Reservoir Heights Drive: Voiced her support for the recycling contract with Waste Management of Arkansas. Vice Mayor Kumpuris asked what the cost to the Solid Waste Fund would be to pay for the increase for Fiscal Year 2012. City Manager Moore stated that the cost would be approximately $480,000. Vice Mayor Kumpuris stated that he was opposed to utilizing money from the Solid Waste Fund to cover the increase. Vice Mayor Kumpuris made the motion, seconded by Director Hines, to utilize the original resolution, which did not utilize Solid Waste Funds to cover the increase per customer for Fiscal Year 2012. Director Adcock stated that she was opposed to asking the citizens to pay for an increase when they recently voted to pass a 10 sales tax. Director Richardson called the question to vote on the motion. By unanimous voice vote of the Board Members present, the question was called to vote on the motion. Little Rock Board of Directors Meeting October 3, 2011 6:00 PM By voice vote of the Board Members present, the motion failed. Director Cazort made the motion, seconded by Director Hurst to approve the resolution. By unanimous voice vote of the Board Members present, the resolution was approved. 10. ORDINANCE NO. 20,482: To establish a three (3) -year statute of limitations for the violation of any City ordinance; to repeal any other statute of limitations which may appear in the City Code of Ordinances; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: The current statute of limitations, the time that the City may bring an enforcement action for a City ordinance violation, is one (1) -year. Act 698 of 2011 permits the City to extend this period up to three (3) years. The ordinance was read a 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. 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. PUBLIC HEARINGS (Items 13 -14) 13. ORDINANCE; Z -8662: To approve a Planned Zoning Development and establish a Planned Office District titled Team Clean Carwash Short-Form PCD, located at 14919 Cantrell Road, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 1 aye; 8 nays; and 2 absent. Staff recommends denial. Synopsis: The applicant has appealed the Planning Commission's recommendation of denial of a rezoning from R -2 to PCD to allow for the development of this site with a carwash. The ordinance was read a 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. Director Cazort made the motion, seconded by Director Richardson, to limit the time for debate to twenty (20) minutes for each side. By unanimous voice vote of the Board Members present, the time for debate was limited to twenty (20) minutes for each side. Mayor Stodola opened the public hearing. M Little Rock Board of Directors Meeting October 3, 2011 6:00 PM Planning & Development Director Tony Bozynski stated that staff did not support the zoning change due to the fact that the Land Use Plan showed the property as Transition, and the recommended land usage for Transition was either Low Density Residential or Quiet Office. Mr. Bozynski stated that the proposed use being requested was a C -4 By- Right Use or a C -3 Conditional Use and that staff felt the proposed car wash was inappropriate for the land use pattern that was recommended for the location. Brad Vaden, 5195 Pear Orchard Drive: Stated that he was the Managing Partner of Team Clean Car Wash, LLC, and asked that the Board support the rezoning request. Mr. Vaden stated that building would only occur on the front portion of the property; leaving a natural greenbelt in the rear of the property which adjoined the neighborhood. In addition, Mr. Vaden pledged to address the drainage problem that had plagued the property and the surrounding area. Clayton Vaden, 102 Orle Drive: Did not wish to address the Board; however, he wanted to register his support for the proposed zoning change. Gene Pierce, 4 Sugarloaf, Maumelle: Did not wish to address the Board; however, he wanted to register his support for the proposed zoning change. James Penney, 29415 Penney Lane: Stated that he was a builder and owned a commercial building on Highway 10. Mr. Penney stated that the owner of the property, which had a residential structure, was completely surrounded by commercial development and would never be sell the property to build residential structures. Barbara Tucker, 14919 Cantrell Road: Stated that her husband had lived on the property for over sixty (60) years and had watched as commercial development had been built all around. Ms. Tucker asked the Board to support the rezoning request so that she and her husband would be able to sell their residential property. Jim Bush, Thomas Park Circle: Did not wish to address the Board; however, he wanted to register his opposition to the proposed zoning change. Barbara Bush, Thomas Park Circle: Did not wish to address the Board; however, she wanted to register her opposition to the proposed zoning change. Mike Casey, 21 Westchester Court: Did not wish to address the Board; however, he wanted to register his opposition to the proposed zoning change. Don Henderson, 8 Countryside Cove: Did not wish to address the Board; however, he wanted to register his opposition to the proposed zoning change. Elizabeth Henderson, 8 Countryside Cove: Did not wish to address the Board; however, she wanted to register her opposition to the proposed zoning change. Nicholas Alsop, 6 Waterford Drive: Stated that he was the President of the Pinnacle Valley Neighborhood Association and they were in opposition to the proposed zoning change. Hallie Simmons, 1 Countryside Cove: Did not wish to address the Board; however, she wanted to register her opposition to the proposed zoning change. Kirk Simmons, 1 Countryside Cove: Stated that he was in opposition to the proposed zoning change due to the fact that such a commercial development had the potential of reducing property values for the residential neighborhoods that were located in close proximity to the property. Bryan Fitzgerald, 5610 Rummel Road: Stated that he was opposed to the proposed zoning change and urged the Board to follow the Highway 10 Design Overlay Plan. Wesley Lasseiqne, 14 Westchester Court: Stated that he was opposed to the proposed zoning change. Ruth Bell, 7611 Briarwood Drive: Stated that she represented the League of Women Voters and that she was opposed to the proposed zoning change. Little Rock Board of Directors Meeting October 3, 2011 6:00 PM Mayor Stodola closed the public hearing. By roll call vote, the vote was as follows: Ayes: None. Nays: Hendrix; Richardson; Hurst; Cazort; Hines; Wright; Wyrick; Fortson; Adcock; and Vice Mayor Kumpuris. By a vote of zero (0) ayes and ten (10) nays, the ordinance failed. Director Hines made the motion, seconded by Director Cazort, for the Board to take a ten (10)- minute recess. By unanimous voice vote of the Board Members present, the meeting was recessed for ten (10) minutes. 14. ORDINANCE NO. 20.483; Z -8610: To approve a Planned Zoning Development and establish a Planned Commercial District titled McDonald's USA Short -Form PCD, located at 104 South University Avenue, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 5 ayes; 5 nays; and 1 absent. Staff recommends denial. Synopsis: The request is an appeal of the Planning Commission's recommendation of denial of a requested rezoning from C -3, General Commercial District, to PCD to allow for the construction of a McDonald's restaurant on this site. The site is located within the Mid -Town Design Overlay District. The ordinance was read a 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. Nell Matthews, 7200 Briarwood Drive: Stated that she represented the Briarwood Area Neighborhood Association and they were opposing to the proposed development. Ruth Bell, 7611 Briarwood Drive: Stated that she represented the League of Women Voters and that she was opposed to the proposed zoning change. Henry Kelley, 13609 St. Charles Boulevard: Stated that he represented the owners of the Baker Building and they had reached an agreement with the applicants that if the request were approved, McDonald's would purchase the Baker Building. Randy Frazier, 124 West Capitol Avenue, Suite 2000: Stated that he represented the applicant and that the restaurant would be a state -of -the facility. Peter Roy, Director of Restaurant Development for McDonald's: Discussed the various aspects of the proposed facility. (Did not fill out a card): Stated that he was the owner /operator of two (2) McDonald's restaurants presently located in Little Rock at Cantrell Road & Mississippi Street and 12th Street & Rodney Parham Road and asked the Board to support the proposed development. Melissa Bruce, Director of U.S. Sites and Building Design for McDonald's: Provided an design overview of the proposed facility. Ernie Peters, White Daters: Provided the Board with an overview of the access to the proposed development from both Markham Street and University Avenue. Mr. Peters stated that the McDonald's Corporation had agreed to widen both sides of Markham Street from University Avenue west to Chick- Fil -A, for the installation of a center left -turn No Little Rock Board of Directors Meeting October 3, 2011 6:00 PM lane for the entire width. Mr. Peters stated that the current access from University Avenue would be expanded to the south to provide larger entry into the property. Mayor Stodola closed the public hearing. Director Hines made the motion, seconded by Director Hendrix, to call the question to vote. By unanimous voice vote of the Board Members present, the question to call the vote was approved. By roll call vote, the vote was as follows: Ayes: Hendrix; Richardson; Hurst; Cazort; Hines; Wright; Wyrick; Fortson; and Adcock. Nays: Vice Mayor Kumpuris. By a vote of nine (9) ayes and one (1) nay, the ordinance was approved. CITIZEN'S COMMUNICATION The following individuals spoke on issues that were not included on the agenda. Kenyon Lowe, Sr.: Ward Boundaries Director Hurst asked if she would be able to change her vote regarding Item 14. City Attorney Tom Carpenter stated that with the unanimous approval of the Board, she could in fact change her vote. Mayor Stodola asked if any of the Board Members had an issue with Director Hurst; there being none, Director Hurst asked that her vote be changed from Aye to Nay on Item 14. The amended record was follows: Ayes: Hendrix; Richardson; Cazort; Hines; Wright; Wyrick; Fortson; and Adcock. Nays: Hurst and Vice Mayor Kumpuris. Director Cazort made the motion, seconded by Director Hines, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting adjourned. APPROVED: Mark Stodola, Mayor 7