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HomeMy WebLinkAbout07-17-07Little Rock Board of Directors Meeting — Minutes — July 17, 2007 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham July 17, 2007 - 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in a regular session with Mayor Stodola presiding. Nancy Wood, City Clerk, called the roll with the following directors present: Hendrix, Keck, Wright, Wyrick, Fortson, Adcock, and Vice Mayor Hurst, and Mayor Stodola. Director Richardson, Cazort, and Kumpuris were absent. Director Fortson gave the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS: Community Housing Advisory Board — Bill James, Chair (July l7, 2007) Mayor Stodola asked the Board to consider the listed modifications. MODIFICATIONS ADDITIONS: M -1. RESOLUTION - Information Forthcoming - In support of the City of Little Rock Out Door Recreation Grant. NOTATION: (7- 17 -07) - STAFF HAS DEFERRED ITEM M -1 TO THE MEETING OF AUGUST 6, 2007, in order to receive additional information. M -2. RESOLUTION 12,551 - To change the street name of Ives Walk to New Horizon Lane. Planning Commission: 9 ayes, 2 absent. Staff recommends approval. Synopsis: The Little Rock Housing Authority is requesting that the name of Ives Walk be changed to New Horizon Lane. A motion was made by Director Adcock, seconded by Director Adcock, to accept the modifications. By unanimous voice vote of the Board members present, being two - thirds in number, the modifications were accepted. Directors Richardson, Keck, and Kumpuris were absent. 15. EXECUTIVE SESSION & RESOLUTION - Deferred to August 6, 2007 - To make appointments to various Boards and Commissions. Synopsis: Civil Service Commission, Arkansas Arts Center Board of Trustees, Museum of Discovery Board, and Central Arkansas Water (CAW). Director Keck asked if a deferral of the appointments would affect any business that needed to be taken care of by the Boards and Commissions, Bruce Moore, City Manager, answered that it would not. A motion was made by Director Adcock, seconded by Vice Mayor Hurst, to defer Item 15. By unanimous voice vote of the Board members present, being two - thirds in number, Item 15 was deferred. Directors Richardson, Keck, and Kumpuris were absent. Mayor Stodola called for the reading of the consent agenda. Little Rock Board of Directors Meeting — Minutes — July 17, 2007 CONSENT AGENDA (Items 1 —5) 1. RESOLUTION 12,545 - G -23 -383 - To set the date of public hearing for August 6, 2007, for a request to abandon the west fifteen (15) feet of the Van Buren Street right -of -way (fifteen (15) feet by one hundred and forty (140) feet) located adjacent to Lot 1, Block 12, Newton's Addition to the City of Little Rock, Arkansas (5101 Hawthorne Road). Planning Commission: 9 ayes, 0 nays, 1 absent, and 1 vacant position. Staff recommends approval. Synopsis: Thomas and Paige Rystrom, adjacent property owners, request to abandon the west 15 feet of the Van Buren Street right -of -way fifteen (15) feet by one hundred and forty (140) feet) located adjacent to Lot 1, Block 12, Newton's Addition to the City of Little Rock (5101 Hawthorne Road). 2. RESOLUTION 12,546 - To authorize the City Manager to enter into a contract with an organization to provide patient outcomes and quality assessment evaluation for substance abuse treatment and support center services; and for other purposes. Staff recommends approval. Synopsis: Enter into contracts with one (1) organization (Quapaw House, Inc) to provide Evaluation of Substance Abuse Treatment, and Neighborhood Support Center services, in an amount not to exceed $98,733.00. 3. RESOLUTION 12,547 - To enter into a contract with Landers Ford for the purchase of two (2) one (1) -ton pickup trucks for the Public Works Department. Staff recommends approval. Synopsis: Approval of resolution to purchase two (2) one -(1) -ton pickup trucks from Landers Ford off of the 2007 State contract in the amount of $52,117.40. 4. RESOLUTION 12,548 - To authorize the City Manager to enter into a Repayment Agreement between the City of Little Rock and the City Advertising and Promotion Commission of Little Rock, Arkansas, effective July 17, 2007. 5. RESOLUTION 12,549 - To authorize the City Manager to enter into an agreement with Gene Summers Construction, Inc., for CDBG Project 83rd Street (Frenchman's- Juniper) Street Improvements and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to approve contracts and agreements with Gene Summers Construction, Inc., for construction of 83 d Street Improvements. Bid Number 07 -236. M -2. RESOLUTION 12,551 - To change the street name of Ives Walk to New Horizon Lane. Planning Commission: 9 ayes, 2 absent. Staff recommends approval. Synopsis: The Little Rock Housing Authority is requesting that the name of Ives Walk be changed to New Horizon Lane. A motion was made by Director Keck, seconded by Director Adcock, to adopt the Consent Agenda. By unanimous voice vote of the Board members present, being two - thirds in number, the Consent Agenda (Items 1 -5, and M -2) were adopted. Directors Richardson, Cazort, and Kumpuris were absent. Director Keck asked for a presentation from Central Arkansas Water regarding the Maumelle Watershed and if the Board had any authority where the settlement agreement was concerned. Tom Carpenter, City Attorney, indicated that the Central Arkansas Regional Water Commission had full authority to make decisions where lawsuits were concerned. 2 Little Rock Board of Directors Meeting — Minutes — July 17, 2007 There were cards presented to speak in opposition of Item 9; it was held separate. Grouped Items: (Items 6 -12) 6. ORDINANCE 19,779 - Z -8226 — To reclassify property located at the Southwest corner of East 391h Street and Jones Street 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: 9 ayes, 0 nays, 1 absent, and I open position. Staff recommends approval. Synopsis: The owner of the lot located at the Southwest corner of East 39th Street and Jones Street is requesting that the zoning be reclassified from R -3 to R -7A. 7. ORDINANCE 19,780 - Z -8227 — To reclassify property located at 12601 Interstate 30 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 ayes, 0 nays, 1 absent, I open position, and I abstention (Laha). Staffrecommends approval. Synopsis: The owner of the 2.84 -acre property located at 12601 Interstate 30 is requesting that the zoning be reclassified from R -2 to I -1. 8. ORDINANCE 19,781 - To amend Chapter 23, Section 23 -27, (a) of the Code of Ordinances of the City of Little Rock, Arkansas, regarding membership of the City of Little Rock Planning Commission, and for other purposes. Staff recommends approval. Synopsis: Staff is proposing an amendment to the Code of Ordinances which would remove the requirement that one member of the Planning Commission be a member of the Little Rock School Board or its appointed representative. 9. ORDINANCE 19,782 - To adopt the Hillcrest Design Overlay District. Planning Commission: 7 ayes, 1 nay, and 1 vacant position. Staff recommends approval. Synopsis: Adoption of Hillcrest Design Overlay District to add a floor area ratio, modify height measurement; reduce parking requirements; and add some design requirements for non - residential structures. 10. ORDINANCE 19,783 - Authorizing the issuance of Industrial Development Revenue Bonds under the Municipalities and Counties Industrial Development Revenue Bond Law for the purpose of securing and developing industry (the particular industrial project is described in the ordinance); authorizing the sale of the bonds and the approval of a bond purchase agreement and a payment in lieu of taxes agreement in connection therewith; authorizing the execution and delivery of a trust indenture securing the bonds; authorizing and prescribing certain matters pertaining to the industrial project, the acquisition, construction and equipping thereof, and the financing thereof; authorizing the execution and delivery of a lease agreement relating to the project; prescribing other matters relating thereto; and declaring an emergency. Staff recommends approval. 11. ORDINANCE 19,784 - To amend Ordinance 18,618 (12- 18 -01) to provide for immobilization of an automobile for which there are a number of outstanding parking fines or tickets pending; and for other purposes. 3 Little Rock Board of Directors Meeting — Minutes — July 17, 2007 12. ORDINANCE 19,785 - 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; and for other purposes; and declaring an emergency. Staff recommends approval. Synopsis: Twenty -eight (28) residential structures in dilapidated and /or burned condition causing a negative environmental impact on the residential neighborhoods in which they are located. Director Adcock, Seconded by Director Hendrix, made a motion to hold Item 12. There are a few addresses that Director Hendrix would like to review with the hopes of salvaging and restoring the properties. The addresses of the structures in question are 2601 South Gaines, 3022 South Gaines, and 2620 South Marshall. By unanimous voice vote of the Board members present, being two - thirds in number, Item 12 was removed from the grouped items and held separate. Directors Richardson, Cazort, and Kumpuris were absent. The ordinances, excluding Item 9, were read the first time. Director Adcock, seconded by Director Hendrix, made a motion to suspend the rules and place the ordinances, excluding Items 9 and 12, on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the second time. Director Adcock, seconded by Vice Mayor Hurst, made a motion to suspend the rules and place the ordinances, excluding 9 and 12, on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances were read the third time. A roll call vote was taken and recorded as follows: Directors Adcock, Hendrix, Keck, Wright, Wyrick, Fortson, Vice Mayor Hurst, and Mayor Stodola voted yes. The grouped items (Items 6, 7, 8, 10, and 11) were passed. Directors Richardson, Cazort, and Kumpuris were absent. Director Adcock, seconded by Director Fortson, made a motion to pass an emergency clause for Item 10. By unanimous voice vote of the Board members present, being two - thirds in number, the emergency clause for Item 10 passed. Directors Richardson, Keck, and Kumpuris were absent. Mayor Stodola recognized Chester Lucas to speak on Item 12. 12. ORDINANCE 19,785 - 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; and for other purposes; and declaring an emergency. Staff recommends approval. Synopsis: Twenty -eight (28) residential structures in dilapidated and/or burned condition causing a negative environmental impact on the residential neighborhoods in which they are located. Mr. Lucas indicated that his sister owned the property at 2211 Pulaski, but lived in Brinkley, Arkansas. He indicated that he had been maintaining the property for about 12 months and that he had an inspection that indicated that the property was inhabitable. His intention was to rehabilitate the property to make it available for college and university housing for students attending Philander Smith College and University of Arkansas Little Rock. Mr. Lucas also indicated that the lien for cutting the grass last June (2006) be removed from the property because he had cut the grass one week prior to the City's contractor cutting the grass. 0 Little Rock Board of Directors Meeting — Minutes — July 17, 2007 He stated that his sister, the property owner, had been granted an extension by the City to cut the grass and he had cut the grass before the expiration of the extension. Mr. Lucus entertained questions from the Board regarding the time frame it would take to make significant progress on rehabilitating the property, zoning requirement awareness, and the cost of the work that he would be doing. Director Hendrix requested that an extension be granted to Mr. Lucas, as the City had done so in the past for other homes, of which she was familiar on Martin Luther King Drive. Bruce Moore, City Manager, indicated that in the past the City had passed the condemnation ordinances with all listed addresses; after which, the City entered into agreements with a few property owners to come up with a viable solutions to rehabilitate the property. He then asked the Mayor to defer discussion on Item 12 until he had time the review the photos of the addresses listed by Director Hendrix earlier in the meeting. The Mayor asked the City Clerk to read Item 9. 9. ORDINANCE 19,782 - To adopt the Hillcrest Design Overlay District. Planning Commission: 7 ayes, 1 nay, and 1 vacant position. Staff recommends approval. Synopsis: Adoption of Hillcrest Design Overlay District to add a floor area ratio, modify height measurement; reduce parking requirements; and add some design requirements for non - residential structures. The ordinance was read the first time. Director Adcock, seconded by Vice Mayor Hurst, made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Keck, seconded by Vice Mayor Hurst, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. Tony Bozynski, Planning Director, gave an overview of the item. The Overlay District is designed to set standards for the residential and non residential areas of Hillcrest. Mr. Bozynski discussed the standards and changes in great detail which included, building area requirements, set back requirements, height allowances, accessory buildings, facades, building form, signage, lighting, and parking requirements. He concluded that this was a good compromise to protect the character of the historic neighborhood. Director Fortson asked about the procedure for requesting permission to do something outside of the requirements and Director Adcock asked about parking for commercial property that is two stories and has two businesses. Bill Gregg and Rosemary Post, both residents from the Hollinberg Addition, both spoke in opposition of the overlay district. They both stated that they were not sure why they were included because they were not a part of the Hillcrest Neighborhood Association. They both indicated a thought that they would lose property because of the new setback requirements. Mr. Bozynski clarified that they were a part of the general Hillcrest area and that was why they were included in the overlay; he also stated that any lot of record exceeding 10,000 sq ft at the time of passage of the ordinance is to be left as it is, which addresses the property loss issues. 5 Little Rock Board of Directors Meeting — Minutes — July 17, 2007 Butler Eaton also spoke in opposition of the Overlay District sighting commercial parking as a major problem. He felt like the commercial parking would over flow into the residential areas and that the Planning Commission would lose its control over regulating these matters. Mr. Bozynski responded that the parking issues remain under control. Planning would still be involved in the approval process. He added that currently suburban standards were being used in the urbanized area and that the overlay would allow for more productive reuse of old commercial property. Jim Metzger, Scott Smith (President Hillcrest Residents Association), Craig Berry, Bobby Roberts, Steve Gardner, Ruth Bell, and Carol Young spoke in favor of the overlay district. Many of the speakers were residents and /or business owners in the Hillcrest area with the exception of Ruth Bell. Carolyn Newbern was present in favor of the issue but chose not to speak. A brief history was given on how they had gotten to this point of balancing no restrictions versus stringent restrictions. The main reasons cited for approval were that this would minimize tear downs and huge mansions; it would retain and restore the character of the original neighborhood. They added that the overlay would balance the requirements for developers and give the residents more flexibility to improve their property. A roll call vote was taken and recorded as follows: Directors Adcock, Hendrix, Keck, Wright, Wyrick, Fortson, Vice Mayor Hurst, and Mayor Stodola voted yes. The ordinance was (Item 9) was passed. Directors Richardson, Cazort, and Kumpuris were absent. Mayor Stodola asked the City Manager if he was ready to address Item 12. Staff's recommendation was to have the addresses remain on the list and put them at the end for demolition while the City worked with the owners to come up with viable plans to repair or rehabilitate the properties. The Board will receive an update in 30 days about the subsequent action. Director Adcock, seconded by Vice Mayor Hurst, made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Keck, seconded by Adcock, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors Adcock, Hendrix, Keck, Wright, Wyrick, Fortson, Vice Mayor Hurst, and Mayor Stodola voted yes. The ordinance (Item 12) was passed. By unanimous voice vote the emergency clause was passed. Directors Richardson, Cazort, and Kumpuris were absent. 0 Little Rock Board of Directors Meeting — Minutes — July 17, 2007 Separate Items: (Items 13 —15) 13. ORDINANCE 19,786 - Z- 3592 -L — To reclassifying 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: 9 ayes, 0 nays, I absent, and 1 open position. Staff recommends approval. Synopsis: The owner of the 0.882 acre property located along the west side of Centerview Drive (400 feet north of Peach Tree Drive), is requesting that the zoning be reclassified from OS to 0-3. The ordinance was read the first time. Director Keck, seconded by Director Adcock, made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the second time. Director Keck, seconded by Director Adcock, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors Adcock, Hendrix, Keck, Wright, Wyrick, Fortson, Vice Mayor Hurst, and Mayor Stodola voted yes. The ordinance (Item 13) was passed. Directors Richardson, Cazort, and Kumpuris were absent. 14. REPORT - April Financial Report — Bob Biles (Uefe� red to .lulu 3I, 2007) Director Keck, seconded by Director Adcock, made a motion to defer the April Financial Report until the July 31, 2007, agenda session. 15. EXECUTIVE SESSION & RESOLUTION - Deferred to August 6, 2007 - To make appointments to various Boards and Commissions. Synopsis: Civil Service Commission, Arkansas Arts Center Board of Trustees, Museum of Discovery Board, and Central Arkansas Water (CAW). CITIZENS COMMUNICATIONS Speaker: Dr. Alan Aliza Brown Topic: Her concerns were with Ferguson Compromise. She had four questions that she would like to have answers to from the Board. The questions were: 1) Please justify why commission voted in favor of compromise; 2) Please explain why decision passed when the majority of customers were opposed; 3) Why didn't commission members associated with the interest groups like Deltic Timber and Ferguson recuse themselves from the vote; and 4) How does this compromise vote benefit the Central Arkansas Water Commission, the water customers, or the environment. She concluded with an opinion, "Until the above items are addressed to the water customers the commission is biased in it's dealings with the Central Arkansas area." Director Keck responded that the Little Rock Board of Directors had not voted on the Ferguson Compromise. 7 Little Rock Board of Directors Meeting — Minutes — July 17, 2007 Speaker: Herb Dicker Topic: Mr. Dicker indicated that Tony Kendall should not be reappointed to the Central Arkansas Water Commission. He stated that he did not believe that the Commission was working in the best interest of the citizens. He indicated that the building project for 100 citizens to have a pristine view of the lake will be built at the detriment to the 400,000 water customers. He concluded with a request for a recall of the Commissioners appointed by the Little Rock City Board. Director Wyrick asked the City Attorney what the process was for recalling the members. Tom Carpenter stated that pursuant to section 3.08 of interlocal agreement that the City can remove its members for cause. Cause would have to fall under one of the following categories: 1) Nonfeasance, which would be failure to do what the commission was created for (operation of water system); 2) Malfeasance, which includes any fraudulent actions; or 3) Misfeasance, which included something like embezzlement of funds. Speaker: Kathy Wells, Coalition of Little Rock Neighborhoods Topic: She stated that she was concerned about actions the Mayor and Board are going to take in regard to the Central Arkansas Water Commission. She requested that they deny the reappointment of Tony Kendall and go back to taking questionnaires instead of letting the Water commissioners reappoint themselves and having the Board rubber stamp the appointments. She indicated that the Commission has ignored applications and she has information supporting this accusation that she will present to the Mayor. She felt that the Commission had abused its' discretion by giving up this land purchase they have won a judgment on and allowing Rick Ferguson to build homes on a critical water area. She asked that Mayor Stodola and Mayor Hayes remove all of the members of the Water Commission except Eddie Powell. She stated that her understanding was that after the judgment there was only supposed to be a discussion on price. She accused former Mayor Jim Dailey of bypassing a professional and appointing Jim McKenzie on the negotiations team who then said wait to see the terms of settlement. She said they were thrown out of a meeting on February 7, so that the terms could be kept secret and then later got a list of the terms and tried to send comments. The comments were rejected because they were told by Commissioner Tom Rimmer that they were too late. She asked the Board to protect our drinking water and she also requested on opinion on the matter from Mayor Stodola. Mayor Stodola stated that the Regional Central Arkansas Water (CAW) Board is creature of State statute. He will have Tom Carpenter report on the Board's authority to make appointments to the CAW board. Speaker: Kathleen Olsen Topic: She stated that the League of Women Voters has published a brochure related to the Special Election on governance. The brochure outlines the proposals as they will appear on the ballot and describes the current situation and how a vote for the changes will affect that system. They do not give an opinion on the issue and Little Rock Board of Directors Meeting — Minutes — July 17, 2007 intends for the brochure to be educational. It will be available at the public libraries, alert centers, the League Office, and League members. Director Adcock asked if the Little Rock Board could not vote on an appointment from North Little Rock to the Central Arkansas Water member. Tom Carpenter gave a brief overview regarding the setup of the CAW Board and how the appointments are made. There was some discussion and disagreement regarding the matter and Mr. Carpenter agreed to provide the Board with a memorandum on Friday. Director Keck explained why he had requested a report from Central Arkansas Water. His interest was to hear the particulars of the settlement to make sure that the City would continue to provide good clean drinking water to its' citizens. He also wanted to be able to ask and have questions answered first hand. Director Hurst asked if there was anything the Board could do to overturn the decision that had been made by the Central Arkansas Water Commission. The City Attorney answered in the negative. Speaker: Barry Haas Topic: He expressed his concerns about the Ferguson agreement. He gave an overview on the public meeting that he had attended on July 9th, at which every speaker was in opposition of the agreement. He reported that Channel 4's poll reported that 92.8% of those who voted were in opposition and that the commission had received over 700 calls in opposition of the agreement. He urged the Board not to reappoint Commissioner Kendall. Director Hurst asked if the group had a next step plan of action; he responded that they did not at this time. The City Manager added that he would try to schedule the presentation for the July 31 st agenda meeting. The Mayor reported that Susan Inman, Election Commission, reported that some of the sites used for early voting were not available. There was discussion regarding the City facilities availability; Mr. Moore indicated that he would follow -up with his staff and the Election Commission to see if there was a solution to the problem. Mayor Stodola made comments in regard to the upcoming governance election. He indicated that it was not his intention to terminate the employment of the City Manager, Bruce Moore, if the initiatives were passed and asked that no one use the positions of City Manager and City Attorney to get citizens to vote in favor or opposition of the initiative. A motion was made by Director Keck, seconded by Vice Mayor Hurst to adjourn the meeting. By unanimous voice vote of the Board members present, the meeting was adjourned at 8:00 PM. E Little Rock Board of Directors Meeting — Minutes — July 17, 2007 ATTEST: APPROVED: Nil Nancy Wood CMC Mark Stodola City Clerk Mayor 10