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HomeMy WebLinkAboutBoard of directors minutes withdrawalay , 6:00 PM Little Rock Board of Directors Meeting May 19, 2009 6:00 PM Little Rock Board of Directors Meeting May 19, 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. City Clerk Nancy Wood called the roll with the following Directors present: Hendrix; Richardson; Hurst; Cazort; Keck; Wright; Wyrick; Kumpuris; Adcock; Vice Mayor Fortson; and Mayor Stodola. Director Richardson delivered the invocation, which was followed by the Pledge of Allegiance. ADDITIONS M -l. RESOLUTION NO. 12,980: To authorize a contract with Coleman Dairy to supply milk and juice products for the City of Little Rock Summer Playground Program; to clarify the intention of the Board as to the provision of this service in 2009; and for other purposes. Staffrecommends approval. Synopsis: A resolution to authorize the City Manager to enter into a contract with Coleman Dairy for milk and juice products for the Summer Playground Program operated by Parks and Recreation. The amount in the resolution is more than the bid because the total number of participants is not yet known, and the price of raw milk fluctuates. This resolution gives the City Manager the authority to meet the actual need of the program. M -2 MOTION: To approve minutes of the Little Rock Board of Directors Meeting of March 31, 2009. Director Cazort made the motion, seconded by Director Richardson, to add Items M -1 and M -2 to the Consent Agenda. By unanimous voice vote of the Board Members present, Items M -1 and M -2 were added to the Consent Agenda. CONSENT AGENDA (Items 1— 7) 1. MOTION: To approve minutes of Little Rock Board of Director Meetings of January 6, 2009, January 20, 2009, and February 3, 2009. 2. RESOLUTION NO. 12,973: To authorize the City Manager to enter into a contract to purchase computer server software from Software House, Inc., a State Contract vendor, for $70,940.00 as part of the upgrade of the Police Records Management System. Staffrecommends approval. Synopsis: The Little Rock Police Department requests approval to purchase computer server software from Software house, Inc., a State Contract vendor, for $70,904. as part of the upgrade of the Police Records Management System. 3. RESOLUTION NO. 12,974: To seek assistance from the Governor of Arkansas, and from other entities, to develop a policy directive for the disposal of drill cuttings that 1 viay i v, Luuy nn PM Little Rock Board of Directors Meeting May 19, 2009 6:00 PM originate from drilling operations that use oil -based drilling fluids, and other methods of extracting petroleum, to assure not only the safety, but also the comfort and enjoyment of citizens. 4. RESOLUTION NO. 12,975: To authorize the City Manager to enter into contracts with ten (10) organizations to provide Youth Summer Recreation Programs in Little Rock, Neighborhoods; and for other purposes. Staffrecommends approval. Synopsis: Enter into contracts with ten (10) organizations to provide summer recreation programs to Little Rock youth, ages 6 -15. Funding available from FUTURE Little Rock Special Projects — Prevenfion, Intervention and Treatment dollars. 5. RESOLUTION NO. 12,976: A resolution authorizing the City Manager to enter into a contract with "A" Demolition Asbestos Abatement, for the demolition of twenty- one 21) residential properties within the City of Little Rock, Arkansas. Staff recommends approval. Synopsis: The properties in question have already been condemned by the Mayor and the Board of Directors, and are in such a condition as to cause a negative environmental impact in a residential neighborhood. This resolution authorizes the City Manager to assign the contact with "A" Demolition, to raze and remove the structures. 6. RESOLUTION NO. 12,977: To authorize the City Manager to enter into an agreement with Riverfest, Inc., to provide a major festival in Julius Breckling Riverfront Park; and for other purposes. Staffrecommends approval. Synopsis: A resolution authorizing the City Manager to enter into an agreement with Riverfest, Inc., to provide a major festival in Julius Breckling Riverfront Park, and other purposes. 7. RESOLUTION NO. 12,978: To express the willingness of the City of Little Rock, to utilize federal -aid recreational funds for the Arkansas River Trail; and for other purposes. Staffrecommends approval. Synopsis: A resolution to authorize the City Manager to apply for federal -aid funds for additional construction. Director Adcock made the motion, seconded by Director Cazort, to adopt the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was adopted. OTHER ITEM (Item 8) 8. ORDINANCE NO. 20,108: To dispense with the requirement of competitive bidding and authorize the City manager to enter into a contract with Motorola, Inc., as the sole source provider, to purchase fourteen (14) portable radios in the amount of $70,407.66. Staffrecommends approval Synopsis: The purchase of the radios is to supply the current recruit class and for spares in emergencies. 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 2 may 19, LUUV A-AA DNA Little Rock Board of Directors Meeting May 19, 2009 6:00 PM unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read the second time. Director Adcock made a 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 ordinance was approved. SEPARATE ITEMS (Items 9 -11) 9. ORDINANCE NO. 20,109; Z- 8165 -A: Reclassifying property located along the east side of Rahling Road, south of Pebble Beach Drive from R -2 and MF -18 to OS, R -2, MF- 18, 0-3 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: 8 yea, 2 nays, and 1 abstention. Staffreeommends denial. Synopsis: The owners of 68.93 acres of undeveloped property located along the east side of Rahling Road, south of Pebble Beach Drive are requesting that the zoning be reclassified from R -2 and MF- 18 to OS, R -2, MF -18, 0-3, and C -3 (with conditions). Director Wyrick stated that she would have to recuse and leave the room during the discussion for these items, as her son -in -law is an attorney with the law firm representing the applicant. The ordinance was read a 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 the second time. Director Adcock made a 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 the third time. Bill Spivey: Mr. Spivey stated that he had presented the Board with a letter in which the applicant outlined three (3) additional more restrictive changes to the uses set forth; in one case imposing upon the applicant's greater obligation to build traffic calming devices on the proposed Wellington Plantation Lane. Mr. Spivey asked that the Board consider the changes as a further amendment. Director Cazort made the motion, seconded by Director Adcock, to amend the application, by unanimous voice vote of the Board Members present, the application was amended. Tim Daters: Gave an overview of how the plan and the application were developed. Ernie Peters: Gave an overview of the traffic volumes and patterns in and around the proposed development. Vice Mayor Fortson asked where the traffic calming devices that were proposed in the letter would be located. Mr. Spivey stated that one of the devices would be located at the lvldy IY, GVVY fi.nn PM Little Rock Board of Directors Meeting May 19, 2009 6:00 PM intersection of Beckenham Drive and Wellington Plantation Lane; with another located before Wellington Plantation Lane enters Wellington. Director Kumpuris asked what were the long -range planning for the streets in question. Planning & Development Director Tony Bozynski stated that the Master Street Plan showed both Wellington Plantation Lane and Beckenham Drive intersecting Rahling Road as collectors; however, what was being proposed was to do away with the two (2) connections and create one (1) connection with Wellington Plantation Lane intersecting Rahling Road. Director Cazort asked if the roads were presently constructed in a way that could connect both streets to Rahling Road, as the Master Street Plan stated. Mr. Bozynski stated that it was staff's opinion that the roads could be constructed as stated in the Master Street Plan. Director Hurst asked for clarification regarding the actual amount of acreage that the property was originally zoned for and the amount of acreage that the applicant wanted to achieve through the rezoning. Mr. Spivey stated that at present, there was approximately twenty (20) acres of MF -18 property that was actually zoned more than twenty (20) years ago. When the application was filed over a year ago, the applicant proposed an additional twenty (20) acres of MF -18 tract to the north. After considerable discussion with the neighborhoods, that request went before the Board of Directors in November with the request that it be sent back to the Planning Commission to have the northern MF -18 tract be re- designated as 0-3; General Office. The Planning Commission did approve the change and at present, there was no increase in the amount of MF -18 acreage; however, the proposal reconfigured the boundaries. Bill Rector, 4322 I Street: Stated that Planning Commission voted 11 -0 in favor of the application due to the fact that they understood that this was the best way to get the connections to Rahling Road made. Mr. Rector stated that Master Street Plan needed to be completed in order for the traffic flow to work best within the City. Elvin Shuffield: Stated that he represented the joint venture that was selling the property to Deltic Timber. Anthony Fulgham, 40 Ledgelawn Drive: Stated that he was the President of the Chenal Ridge Neighborhood Association, and that Chenal Ridge was the closest neighborhood to proposed project. Mr. Fulgham stated that initially the Association was opposed to the proposed multi - family; however, after meeting with the applicant and the changes were made, the Association supported the project and felt that it would be good for Rahling Road. Dick Fletcher, 14 Lorian Drive: Stated that he was a Board Member of the Chenal Ridge Neighborhood Association and that he felt that with the changes that the applicant had made, it would be a good development for the area. Keith Wingfield, 6 Tory Court: Stated that he lived in the Villages of Wellington and he felt that the applicant listened to the concerns of the neighborhood and made several changes; therefore, he now supported the proposed project. rd may IV, Zwy nn PM Little Rock Board of Directors Meeting May 19, 2009 6:00 PM Lance Hines, 409 Wellington Woods Loop: Stated that he was President of the Villages of Wellington Property Owner's Association, and that they were the largest neighborhood that would be affected by the development. Mr. Hines stated that all of the changes were made on the northern end of the development, and that the majority of the MF -18 was located near their neighborhood. The Association would like for the MF -18 to be redirected back on Rattling Road. Mr. Hines stated that the Association sent out a survey to all the residents and that 91% of the residents were opposed to the rezoning as a whole. Mr. Hines stated that the Association met with Deltic in January to voice their concerns; however, due to the fact that applicant did not address several of their concerns, the Association did not support the application. Bud Latimer, 13320 Beckenham Drive: Stated that he was a certified planner and felt that the Board needed to support Planning Staff's recommendation of denial for the application and that the City should remain true to the Master Street Plan. Geoffrey Addison, 6 Wellington Parish Cove: Felt that the aggressive zoning change would create a hazardous traffic situation for the many children and pedestrians in the area and urged the Board to vote against the rezoning. Andy Lain, 13501 Beckenham Drive: Stated that he was the President of the Hillsboro Neighborhood Association and that they were opposed to the rezoning of the property. Jeff Cook, 9 Wellington Parish Cove: Stated that he was not opposed to the existing street plan and urged the Board to vote against amending the Master Street Plan and the proposed rezoning. Don Chaney, 13900 Beckenham Drive: Stated that he represented the Pleasant Heights Neighborhood Association and that they felt the design of the plan would increase overall traffic in the area, and asked that the Board support the Planning Staff's recommendation. David Fox, 1 Wellington Parish Cove: Stated that he opposed the rezoning of the property and felt that the Board should support Planning Staff. Ann Kamps, 13911 Beckenham Drive: Stated that the Board should support the Planning Staff and the individuals and neighborhoods they represent and vote against the rezoning. Ruth Bell, 7611 Briarwood Drive: Stated that she represented the League of Women Voters and that the League did not support the proposed rezoning. David Craft, 130 Wellington Plantation Lane: Complemented the professionalism of the Planning Staff and urged the Board to vote against the proposed rezoning. Director Hendrix asked Mr. Bozynski if staffs position had changed with the new changes proposed by the applicant. Mr. Bozynski stated that staff s position had not changed and that they did not support the intensity of the development along this segment of Rahling Road. Director Kumpuris asked what the estimated costs would be if the City were responsible for acquisition and construction of the Beckenham Road to collector street standards. Bill Henry, Public Works Traffic Engineering Manager, stated that the approximate cost to construct 1,400 feet of roadway would be $600,000, or $400 per foot. Right -of -way cost at $4.00 per square foot would be approximately $325,000; bringing the total amount in the range of $1,000,000. 9 1 6:00 PM Little Rock Board of Directors Meeting May 19, 2009 6:00 PM Director Wright made the motion, seconded by Director Hendrix to call the question. By voice vote, of the Board Members present, the motion to call the question failed. By roll call vote of the Board Members present, the votes were as follows: Ayes: Hurst; Kumpuris; Vice Mayor Fortson. Nays: Keck; Adcock; Hendrix; Richardson; Cazort; and Wright. Recusal: Wyrick. By a vote of 3 ayes, 6 nays, and 1 recusal, the ordinance failed. Due to the fact that Item #9 failed, the applicant asked to withdraw Items #10 & 911. Director Keck made the motion, seconded by Director Adcock, to accept the request for withdrawal. By unanimous voice vote of the Board Members present, the request for withdrawal was granted. 10. ORDINANCE; MSP- 08 -01: To amend the Master Street Plan (19,152) realigning Beckenham Drive to Wellington Plantation, prior to connection with Rahling Road; and for other purposes. Planning Commission: 11 yeas, 0 nays. Staff recommends denial. Synopsis: A Master Street Plan Amendment (MSP08 -01) to realign Beckenham Drive (Collector) to intersect with Wellington Plantation (Collector) prior to either connection with Rahling Road Arterial), resulting in only one (1) connection to Rahling Road. Item was withdrawn by applicant. 11. ORDINANCE; LU08- 19 -02: To amend the Land Use Plan (16,222) in the Chenal Planning District from Residential Low Density and Residential Medium Density to Commercial, Office, Residential High Density, Residential Low Density and Open Space; and for other purposes. Planning Commission: 8 ayes, 2 nays. Staffrecommends denial. Synopsis: A Land Use Plan Amendment in the Chenal Planning District from Single Family and Low Density, Residential Medium Density to Commercial, Office, Residential High Density, Residential Low Density and Open Space. Item was withdrawn by applicant. PUBLIC HEARING (Item 10) 12. PUBLIC HEARING & RESOLUTION; Z- 1703 -A: Rescinding the Planning Commission's action denying a Conditional Use Permit to allow retail sales and Special Event Center in the exiting building on the I -2 and C -4 zoned property located at 3224 Mabelvale Pike. Planning Commission: 0 ayes, 8 nays, 2 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's denial of a Conditional Use Permit to allow a retail sales and a special event center in the existing building on the I -2 and C -4 zoned property located at 3224 Mabelvale Pike. Mayor Stodola opened the public hearing and asked if there was anyone present that desired to speak to the issue. 0 6:00 PM Little Rock Board of Directors Meeting May 19, 2009 6:00 PM Michael Vick, 4316 West 24th Street: Stated that he was in support of the proposed development. Gary Shorter: Stated that he was the applicant for the proposed project and asked for the Board's support. Tony Woods: Stated that he was Mr. Shorter's partner in the project and that they wanted to enhance the community and provide the individuals in the area with a location that to hold special events. Director Richardson asked the applicant if they had plans to pave the gravel lot for the addition of more parking. Mr. Woods stated that currently, they had enough parking; however, they did plan to pave the lot if the application were approved. Nakia Preston, 5420 West 33`d Street: Stated that she lived in the neighborhood and was supportive of the proposed project. Ron Copeland, 2801 South University: Stated that he was the Director of the University Partnership District, which was a program to develop the areas around the University of Arkansas at Little Rock (UALR), and that the District did not support the application. Mayor Stodola closed the public hearing. The applicants asked that the application be withdrawn. Director Cazort made the motion, seconded by Director Richardson, to accept the request for withdrawal. By unanimous voice vote of the Board Members present, the request for withdrawal was granted. CITIZEN'S COMMUNICATION There were no individuals present that wanted to address the Board during Citizen's Communication. Director Keck made the motion, seconded by Director Cazort, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. TTEST: APPROVED: C l t7 -C san-lla ly,lk Acting City Clerk Mark Stodola, Mayor