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HomeMy WebLinkAbout08-04-08Little Rock Board of Directors Meeting — Minutes — August 4, 2008 MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham August 4, 2008 - 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, Richardson, Keck, Wright, Wyrick, Fortson, Adcock, Cazort, Kumpuris and Mayor Stodola. Vice Mayor Hurst was absent at the time of roll call, but enrolled at 6:30 PM. Director Fortson gave the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS: IAFF (Local 34) - Reviewed their fundraising efforts for last year, raising $28,000 for Camp Sunshine, and $55,000 for the Muscular Dystrophy Association. Mayor Stodola presented the Board with a review and recommendations from the task force committee he formed earlier in the year to study the tourism tax structure and the legal obligations of the Advertising and Promotions Commission in regard to the tax. He suggested the Board Members review the study over the next several days, and perhaps discuss it at the next agenda meeting. Director Richardson suggested that possibly this item could be added to the agenda for the upcoming Board of Directors Retreat scheduled for September. Mayor Stodola asked the Board to add the listed modification to the Consent Agenda. M -1. RESOLUTION NO. 12,727 - To grant a franchise to Arkansas Children's Hospital for tunnels under 10th Street (Area 2) and Wolfe Street (Area 1); and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager and City Clerk to execute documents acceptable to the City Attorney which grant a formal franchise to Arkansas Children's Hospital for tunnels. As part of expansion efforts for the hospital it has been deemed appropriate and necessary to build tunnels under 10`h Street and Wolfe Street. All utilities and other parties affected by this franchise were informed and are in agreement with this process. Director Adcock, seconded by Director Richardson, made the motion to add Item M -1 to the consent agenda. By unanimous voice vote of the Board Members present, the item was added to the Consent Agenda. The Consent Agenda was read. 1. RESOLUTION NO. 12,728 - To approve the by -laws of the Little Rock Land Bank Commission; and for other purposes. 2. MOTION - -To set the date of public hearing for August 19, 2008, on the projected uses of 2009 CDBG, HOME, and ADDI funding. Staff recommends approval. Synopsis: As a regulatory requirement, a public hearing must he conducted on the proposed uses for 2009 CDBG, HOME, and ADDI funding, which the City expects to receive from the Department of Housing and Urban Development. 1 Little Rock Board of Directors Meeting — Minutes — August 4, 2008 3. RESOLUTION NO. 12,729 - To set September 16, 2008, as the date of public hearing on the issuance of up to $20 million in revenue bonds for Heifer Project International by the City of Little Rock, Arkansas (Heifer Project International) Public Facilities Board; and for other purposes. 4. RESOLUTION NO. 12,730 - To approve an annual contract with Martin Marietta for the purchase of ready -mix concrete for the street department; and for other purposes. Staff recommends approval. Synopsis: An annual contract for the purchase of ready -mix concrete with an extension clause of contract renewal for two (2) additional years upon agreement of both parties. Martin Marietta was the low bid received 5. RESOLUTION NO. 12,731 - To award a contract to Red Stone Construction Group, Inc., for bond street improvements; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to approve contracts and agreements with Red Stone Construction Group, Inc., for Bond Street Improvements, Bid No. 8 -242. 6. RESOLUTION NO. 12,732 - To set August 19, 2008, as the date of a public hearing to consider the issuance of not to exceed $150,000,000, City of Little Rock, Arkansas Industrial Development Revenue Bonds (LM Glasfiber Project); and for other purposes. 7. RESOLUTION NO. 12,733 - To authorize the City Manager to enter into a contract with River City Ministries for the purpose of operating a day resource center for the homeless; and for other purposes. Staff recommends approval. Synopsis: This resolution awards a one (1) - year contract with one (1) possible one year extension to River City Ministry of Pulaski County, Inc., for a day resource center for the homeless at a cost of $277,000. The City of North Little Rock will contribute $75,000 of the cost. 8. RESOLUTION NO. 12,734 - G -25 -201 — To rename a portion of Old Shackleford Road located north of West 36th Street to Shackleford Pass; and for other purposes. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: The owners of a majority of the properties abutting that portion of Old Shackleford Road located north of West 36`h Street are requesting that the name of that portion of street he changed to Shackleford Pass. 9. RESOLUTION NO. 12,735 - To approve an annual contract with Cranford Construction Company, primary vendor, and Jay Pac, Inc., secondary vendor, for the purchase of asphaltic materials for the Operations Street Division of the Little Rock Public Works Department; and for other purposes. Staff recommends approval. Synopsis: An annual contract with various vendors (Cranford Construction Company, and Jay Pac, Inc.) for the purchase of asphaltic material for the Little Rock Public Works Department Operations Street Department. This contract is for one (1) - year from date of award, with possible extension yearly for two (2) additional years upon agreement of both parties. Also in the contract is an escalation clause due to fluctuating prices of petroleum oils. 10. RESOLUTION NO. 12,736 - To award a contract to AMR Construction, LLC, for the provision of a metal building and erection of the metal building for the elephant exhibit expansion for the Little Rock Zoo, in a total amount of $109,019; authorizing the City Manager to enter into a contact for such services; and for other purposes. Staff recommends approval. Synopsis: The resolution awards a contract to AMR Construction, LLC, in the total amount of $109,019 for AMR to provide and erect a metal building for the expansion of the elephant exhibit and authorize the City Manager to enter into a contract, in a form acceptable to the City Attorney, and with AMR Construction for such services. 2 Little Rock Board of Directors Meeting — Minutes — August 4, 2008 11. RESOLUTION NO. 12,737 - Authorizing the City of Little Rock, Arkansas, to relinquish its right of reversion in certain property previously granted to Central Arkansas Water; and prescribing other matters relating thereto. Staff recommends approval. M -1. RESOLUTION NO. 12,727 - To grant a franchise to Arkansas Children's Hospital for tunnels under 10th Street (Area 2) and Wolfe Street (Area 1); and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager and City Clerk to execute documents acceptable to the City Attorney which grant a formal franchise to Arkansas Children's Hospital for tunnels. As part of expansion efforts for the hospital it has been deemed appropriate and necessary to build tunnels under 10`h Street and Wolfe Street. All utilities and other parties affected by this franchise were informed and are in agreement with this process. Director Keck, seconded by Director Adcock, made a motion to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda (Items 1 -11 and M- 1) was adopted. Director Hurst was not present at the time of vote. CITIZENS COMMUNICATIONS There were no citizens present to speak during this time. GROUPED ITEMS (Items 12 - 16) 12. ORDINANCE NO. 20,006 - To amend Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a reduction of Master Street Plan right -of -way dedication requirements for University Avenue. Synopsis: Authorizes a reduction of right -of -way dedication requirements on the west side of University Avenue at Boyle Park Road for the length of the property for the future Arvest Bank project located on the northwest corner of University Avenue and Boyle Park Roach 13. ORDINANCE NO. 20,007 - LU08 -02 -01 — To amend the Land Use Plan (16,222) in the Rodney Parham Planning District from Public Institutional to Office; and for other purposes. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: A Land Use Plan amendment in the Rodney Parham Planning District from Public Institutional to Office for future development. 14. ORDINANCE NO. 20,008 - Z- 6149 -G — To reclassify property located in the City of Little Rock, Arkansas, located at the northeast corner of Napa Valley Drive and Rainwood Drive, 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, 3 absent. Staff recommends approval. Synopsis: The owner of the 3.44 -acre property located at the northeast corner of Napa Valley Drive and Rainwood Drive is requesting that the zoning be reclassified from R -2 to 0-2 (with conditions). 3 Little Rock Board of Directors Meeting — Minutes — August 4, 2008 15. ORDINANCE NO. 20,009 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a reduction of certain Master Street Plan requirements for the northeast corner of Napa Valley Drive and Rainwood Drive. Planning Commission: 8 ayes, 0 nays, 3 absent. Staff recommends approval. Synopsis: Authorizes a reduction of right -of -way dedication on the east side of Napa Valley Drive for the length of the property, as required under the Master Street Plan, for redevelopment of a parking lot for an existing office building owned by Fellowship Bible Church located on the northeast corner of Napa Valley Drive and Rainwood Drive. 16. ORDINANCE NO. 20,010 - Z -8351 — To approve a Planned Zoning Development and establish a Planned Commercial District titled Pickett Short-Form PCD, located on the northeast corner of West 40t11 Street and John Barrow Road, 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, 3 absent. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of the site from R -2, Single - Family to Planned Commercial Development (PCD) to allow the construction of a new full - service beauty salon. The ordinances (Items 12 -16) were read the first time. A motion was made by Director Adcock, seconded by Director Cazort, to suspend the rules and place the ordinances 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. A motion was made by Director Adcock, seconded by Director Cazort, 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 the third time. By unanimous voice vote of the Board Members present, the ordinances (Items 11 -16) were passed. Director Hurst was absent at the time of vote. 17. PUBLIC HEARING AND RESOLUTION — Failed - To appeal the Planning Commission's approval of a revised Conditional Use Permit for the previously approved Entergy Utility Substation to be located on the R -2 zoned property at 14250 Colonel Glenn Road. Planning Commission: 10 ayes, 0 nays, I absent. Staff recommends approval of the Conditional Use Permit. Synopsis: Record objectors have appealed the Planning Commission's approval of a revised Conditional Use Permit for the previously approved Entergy Utility Substation to be located on the R -2 zoned property at 14250 Colonel Glenn Roach Mayor Stodola opened the public hearing on item 17. The resolution was read. Randy Satterfield, council for the appellants, and Francis Jamell, spoke in opposition to the approval of the conditional use permit. Mr. Jamell stated that Entergy was trying to go around the city's process, and that there is litigation concerning the original Conditional Use Permit to allow construction of the substation, plus the fact that they are not living up to promises they made to the public service commission regarding channeling the creek, which if it is not channeled it would cause flooding on the property of Tammy McClain. Mr. Satterfield stated that litigation had been filed, seeking to overturn the City's action, and the Board should deny this new request. Mr. Jones, Council for Entergy, confirmed that there is some litigation going on concerning property acquisition. Mr. Jones stated the revision is that the access easement which was a part of the approved plat which will remain in place and will be used as a utility easement. The access road to Lawson will be constructed entirely within an existing Entergy transmission line right -of -way. He said that taking the access from Lawson Road will make use of the existing utility right of way easement. 11 Little Rock Board of Directors Meeting — Minutes — August 4, 2008 The proposed access will minimize the impact caused by access to the subdivided property and eliminate the need for channelization work to the unnamed tributary. He said the substation has also been reduced from a three transformer bay structure to a two bay structure and the northern fence line has been revised to allow for less visibility from the north. He said the site plan has been slightly modified to adjust to the boundary set by the court as a result of a boundary dispute. He asked the Board to abide by the Planning Commission's approval of the revised plan. There were questions and discussion by the Board concerning the listed issues. Mayor Stodola closed the public hearing. A roll call vote was taken and recorded as follows: Directors Wyrick and Richardson voted yes. Directors Adcock, Hendrix, Cazort, Wright, Keck, Kumpuris, Fortson, and Vice Mayor Hurst voted no. The resolution (Item 17) failed. 18. PUBLIC HEARING AND ORDINANCE NO. 20,011 - To establish and lay off Little Rock Municipal Property Owners Multi- Purpose Improvement District No. 709 -08. Synopsis: The district is located in the Colonel Glenn and Bowman Roads area, across the street from the Rave Theater. The ordinance was read the first time. A motion was made by Director Adcock, seconded by Vice Mayor Hurst, 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. A motion was made by Director Adcock, seconded by Vice Mayor Hurst, 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. Mayor Stodola called for a voice vote. The Directors in favor were Adcock, Hendrix, Wyrick Cazort, Wright, Keck, Kumpuris, Fortson, and Vice Mayor Hurst. Director Richardson voted no. The ordinance (Item 18) was passed. Later in the meeting, Director Richardson announced that he would like to change his vote to a yes vote on this item, and asked the clerk to record the change in the record. Ms. Wood indicated that the record would so note the change. Director Hendrix asked for some clarification as to why Director Richardson's vote could be changed without a motion to do so. She added that on a past occasion, she had wished to change her vote, and it had to go to a different meeting, and a motion was required to make the change. Tom Carpenter, City Attorney, explained that a Board Member could change their vote by stating the change, if it occurred before the meeting ended. He added that to his recollection of the instance in which she wished to do the same, the meeting had already been adjourned; thereby making it a different situation. 5 Little Rock Board of Directors Meeting — Minutes — August 4, 2008 SEPARATE ITEMS (19 -21) 19. ORDINANCE NO. 20,012 - Z -8349 — Approving a Planned Zoning Development and establishing a Planned Commercial District titled John Barrow Neighborhood Association Open Air Market Short-Form PCD, located near 3220 South University Avenue, Little Rock, Arkansas; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes, I nay, 3 absent. Staff recommends approval. Deferred from July IS, 2008. Synopsis: The applicant is seeking a rezoning of the site from C- 3, General Commercial District to PCD to add an open air market as an allowable use for the site. Tony Bozynski, Planning Director, gave an overview of the project, saying the property belonged to Fairmont, Inc., and they had granted the John Barrow Neighborhood Association the right to conduct an open -air market on Saturdays. The hours of operation would be from 7 am to 4 pm. He said there are a number of commercial stores in the area. He said the proper notices had been done. Mr. Bozynski said this is a request to allow a rezoning from C -3, General Commercial District to Planned Commercial Development for use as an open -air market /display, which is not allowed under the current C -3 zoning. He stated that staff is supportive of the request. Genine Perez and Nancy Finkbeiner were present to voice their opposition and concerns regarding the open air market. Their concerns were increased traffic to the site and in the neighborhood that could possibly bring more crime to the area. They questioned if there would be adequate cleanup after the events, and what kinds of things the vendors would be allowed to sell. They also asked who would be monitoring the site to ensure that the vendors kept to the agreed hours of 7 am to 4pm. Ms. Perez also stated that she had not received her notice in time to attend the Planning Commission meeting, and questioned why they were locating on University as opposed to somewhere on John Barrow Road. Dickson Flake, representing the property owners, stated that the reason for placing the market on University Avenue was because of the volume of traffic on this roadway, and that the neighborhood association had looked for two years for a site and this seemed like a good location. He said the owners offered the lot to the John Barrow Neighborhood Association for free. He stated this would be operated by volunteers, and the only paid employee would be the market manager. He said it would be set up to where vendors would rent stalls (parking spaces) and any revenues in excess of the market managers salary would be deposited into an account to be used by the John Barrow Neighborhood Association. He said the Market Manager would oversee the cleanup of the site, and that all the vendors would be asked to sign an agreement, and if they violated any part of the agreement, they would be asked to leave, and could not set up at the market again. He stated there is enough space for approximately forty vendors, and that some of the vendors may rent two or more spaces. He said the vendors would not be allowed to sell products that would compete with the commercial vendors already there, and they could not sell any prepared food items. He added that there would not be any portable restroom facilities on the site. His hope was that this market would bring more business and customers to the existing businesses. He stated the vendors would work under one business license, issued to the John Barrow Neighborhood Association. 31 Little Rock Board of Directors Meeting — Minutes — August 4, 2008 Ms. Betty Snyder concurred with Mr. Flake, and said that she would be glad to work with the neighborhood on any aspect of this market, to answer questions, etc. She stated their hope was that this would be a multi- ethnic market and would create a community tourism area. Ms. Snyder stated that Director Wright had presented the open air market concept at one of their neighborhood associations, telling them she had learned about it at a NUSA Conference, and this one was modeled after the one in Pittsburg, Pennsylvania. Director Wright stated she had visited the one in Pittsburg while attending the NUSA Conference and it had been a very successful venture, and hoped the one here would be an asset to the City of Little Rock. Director Wright stated her hope was that all the vendors operating at locations in Southwest Little Rock, Asher Avenue, etc. would find that doing business at one location, rather than at different locations, would be an advantage to them because of the higher volume of traffic. She added that one location would also allow more regulation. Mr. Flake committed to the Board, that if there were problems associated with the market, that the property owners would not allow the market to continue. He stated that this lot is managed through the week (Monday — Friday) and is rented to University of Arkansas at Little Rock students. After a series of questions and discussion by the board, Mayor Stodola called for a roll call vote. The roll was called and recorded as follows: Directors Hendrix, Cazort, Wright, Keck, Kumpuris, Fortson, Vice Mayor Hurst voted in favor. Directors Richardson, Wyrick and Adcock voted in opposition. The ordinance (Item 19) was passed. 20. ORDINANCE NO. 20,013 - To amend 17 -202 of the Code of Ordinances of the City of Little Rock (1988) to define the custom of the trade for the description of scrap metal purchased within the City of Little Rock; to clarify the purchase records of scrap metal recyclers that must be maintained within the corporate City limits of the City of Little Rock, Arkansas; to require daily posting to an electronic database; and for other purposes. Staff recommends approval. Synopsis: This ordinance amends Little Rock City Code 17 -202 to require scrap metal dealers to post purchase records to an electronic database on a daily basis. Mayor Stodola announced that it was not necessary to go into executive session as the Boards action would be to ratify the nominations presented by the Boards. 21. EXECUTIVE SESSION AND RESOLUTION NO. 12,738 - To make appointments to the Little Rock Arts and Culture Commission; and to ratify appointments to the Arkansas Arts Center; and RESOLUTION NO. 12, 739 — To make appointments to the Little Rock Housing Authority. The nominations were as follows: Arts and Culture Commission: Nan Plummer (appointment); Arkansas Arts Center Board of Trustees: Elgin Clemons, Jr (appointment), and Janice Boyce (appointment); Little Rock Housing Authority: Robert C. Webb (appointment). 7 Little Rock Board of Directors Meeting — Minutes — August 4, 2008 Motions were made and seconded, to accept the nominations as stated. By unanimous voice votes of the Board Members present, the appointments were made. Director Adcock stated that Mr. Webb also holds a position on the Community Housing Advisory Board, and asked if this would be a conflict of interest to serve on both boards. Tom Carpenter, City Attorney, advised that it would not. He stated the Little Rock Housing Authority is a state board and therefore it would not be a conflict for him to serve on both. Director Keck, seconded by Vice Mayor Hurst, made a motion to adjourn. By unanimous voice vote of the Board Members present, being two thirds in number, the meeting adjourned at 8:20 PM. ATTEST: Nancy Wood, CMC City Clerk • " Mark Stodola Mayor Little Rock Board of Directors Meeting — Minutes — August 4, 2008 Motions were made and seconded, to accept the nominations as stated. By unanimous voice votes of the Board Members present, the appointments were made. Director Adcock stated that Mr. Webb also holds a position on the Community Housing Advisory Board, and asked if this would be a conflict of interest to serve on both boards. Tom Carpenter, City Attorney, advised that it would not. He stated the Little Rock Housing Authority is a state board and therefore it would not be a conflict for him to serve on both. Director Keck, seconded by Vice Mayor Hurst, made a motion to adjourn. By unanimous voice vote of the Board Members present, being two thirds in number, the meeting adjourned at 8:20 PM. ATTEST: T,Ta Cc Wo7o, CMC City Clerk APPROVED: i Mark Stodola Mayor