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HomeMy WebLinkAbout08-17-10r.uyux. i 6:00 PM Little Rock Board of Directors Meeting August 17, 2010 6 :00 PM Little Rock Board of Directors Meeting August 17, 2010 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; Keck; Wright; Wyrick; Kumpuris; Adcock; Vice Mayor Fortson and Mayor Stodola. Director Wright delivered the invocation, which was followed by the Pledge of Allegiance. MODIFICATION M -1 RESOLUTION NO. 13,184: To authorize the City Manager to enter into a contract with ADEVCO Construction Company for Phase 1 — demolition of the site of the Mid -Town Police Substation; and for other purposes. Staffrecommends approval. Synopsis: Bids were solicited for Phase I — demolition of the site at 3912 West 12'h Street for the Mid -Town Police Substation and ADEVCO Construction Company submitted the most responsible and responsive bid in the amount of $165,000. Director Cazort made the motion, seconded by Director Richardson, to add M -1 to the Consent Agenda. By unanimous voice vote of the Board Members present, M -1 was added to the Consent Agenda. CONSENT AGENDA (Items 1 -10 & Item M -1) 1. MOTION: To approve the minutes of the Little Rock Board of Directors Meeting of August 2, 2010. 2. RESOLUTION NO. 13,175; G -24 -028: To set September 7, 2010, as the date of hearing on the petition to abandon a sixty (60) -foot wide access easement located between Lots 1 and 20 in the Colonel Glenn Centre located south of Colonel Glenn Square; and for other purposes. Staffrecommends approval. Synopsis: Landers Land Company 43, LLC, is requesting abandonment of a sixty (60) -foot wide access easement located between Lots 1 and 20 of the Colonel Glenn Centre. The area of abandonment will be retained as a utility and drainage easement. 3. RESOLUTION NO. 13,176: To set September 7, 2010, as the date of hearing on an amendment to the 2010 Annual Action Plan to administer the HOPWA Program and proposed uses of 2011 CDBG, HOME and HOPWA Funding; and for other purposes. Staffrecommends approval. Synopsis: As a regulatory requirement, a public hearing must be conducted on an Amendment to the 2010 Annual Action Plan to administer the HOPWA Program and proposed uses of the 2011 CDBG, HOME and HOPWA Funding, which the City expects to received from the U.S. Department of Housing & Urban Development. ..b ».. , .. .. 6:00 PM Little Rock Board of Directors Meeting August 17, 2010 6:00 PM 4. RESOLUTION NO. 13,177: To authorize the City Manager to approve a one (1)- year extension of the annual maintenance agreement with Motorola, Inc., in the amount of $648,507.51; and for other purposes. Staffrecommends approval. Synopsis: The Little Rock Police Department is requesting approval to renew the annual radio maintenance agreement for the City's radio infrastructure. 5. RESOLUTION NO. 13,178: To accept title to property donated to the City of Little Rock by Warranty Deed, to be used for Neighborhood Revitalization Programs; and for other purposes. Staffrecommends approval. Synopsis: In an effort to increase the number of properties held by the Land Bank and maximize the City's revitalization efforts, staff would like to accept the donation of the property located at 1705 Cedar Street. 6. RESOLUTION NO. 13,179: To accept title to properties donated to the City of Little Rock by Quitclaim Deed, to be used for Neighborhood Revitalization Programs; and for other purposes. Staffrecommends approval. Synopsis: In an effort to increase the number of properties held by the Land Bank and maximize the City's revitalization efforts, staff would like to accept the donation of the properties located at 1911 and 1921 Cedar Street. 7. RESOLUTION NO. 13,180: To accept title to property donated to the City of Little Rock by Quitclaim Deed, to be used for Neighborhood Revitalization Programs; and for other purposes. Staffrecommends approval. Synopsis: In an effort to increase the number of properties held by the Land Bank and maximize the City's revitalization efforts, staff would like to accept the donation of the property located at 2001 Abigail Street. 8. RESOLUTION NO. 13,181: To authorize the City Manager to enter into a contract with Hipskind Excavating, Inc., to dredge a pond as part of improvements in War Memorial Park; and for other purposes. (2009 PARK REFUNDING BOND PROJECT) Staff recommends approval. Synopsis: A resolution to authorize the City Manager to enter into a contract with Hipskind Excavations, Inc., to dredge the pond in War Memorial Park in an amount not to exceed $75,000. 9. RESOLUTION NO. 13,182: To make an appointment to the Arkansas Arts Center Board of Trustees; and for other purposes. Synopsis: Appointment of Mr. J. Shepherd Russell, III to till a vacancy on the Board, said term to expire on June 30, 2012. 10. RESOLUTION NO. 13,183: To make an appointment to the Arkansas Arts Center Board of Trustees; and for other purposes. Synopsis: Appointment of Mr. J. Shepherd Russell, III to till a vacancy on the Board, said term to expire on June 30, 2012. M -1 RESOLUTION NO. 13,184: To authorize the City Manager to enter into a contract with ADEVCO Construction Company for Phase 1 — demolition of the site of the Mid -Town Police Substation; and for other purposes. Staff recommends approval. 2 ,. 6� . 6:00 PM Little Rock Board of Directors Meeting August 17, 2010 6:00 PM Synopsis: Bids were solicited for Phase 1 — demolition of the site at 3912 West 12" Street for the Mid -Town Police Substation and ADEVCO Construction Company submitted the most responsible and responsive bid in the amount of $165,000. 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. GROUPED ITEMS (Items 11 -13) 11. ORDINANCE NO. 20,305; Z- 1791 -D: To reclassify 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: 10 ayes; 0 nays; and I absent. Staff recommends approval. Synopsis: The owner of the 1.32 -acre property located at 11 Candlewood Drive is requesting that the zoning be reclassified from 0-2 to C -3. 12. ORDINANCE NO. 20,307; Z -8569: To approve a Planned Zoning Development and establish a Planned Commercial District titled 3612 Baseline Road Short-Form PCD, located at 3612 Baseline Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes; 0 nays; and I absent. Staff recommends approval. Synopsis: The request is a rezoning from R -2, Single - Family, with a nonconforming C -3 commercial status to PCD to allow a coin laundry, private appliance repair and selected C -3 uses within the existing building. 13. ORDINANCE NO. 20,306: To dispense with the requirement of competitive bids; to authorize the City Manager to make payments for an expert witness in City Fair Labor Standards Act Litigation; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: A suit against the City by Little Rock Police Department (LRPD) Officers alleges a violation of FLSA overtime provisions for the time the Officers spend putting on their uniforms ( "donning and doffing ") and maintaining their uniforms and equipment. Litigation preparation for the suits requires a very technical review of LRPD time records. The City Attorney hired Mr. Paul White of the ERS Group to assist in trial preparation. Due to the nature of LRPD payroll records, the necessary work was more involved, and the fees have exceeded the amount that triggers competitive bids. This ordinance authorizes the selection of Mr. White, and dispenses with competitive bids. The ordinances were read the first time. Director Adcock made the motion, seconded by Director Hurst, to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a second time. Director Adcock made the motion, seconded by Director Keck, 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 a third time. By unanimous voice vote of the Board Members 3 6:00 PM Little Rock Board of Directors Meeting August 17, 2010 6:00 PM present, the ordinances were approved. By unanimous voice vote of the Board Members present, the emergency clause for Item 13 was approved. SEPARATE ITEMS (Items 14 —15) 14. ORDINANCE NO. 20,308; LU10- 15 -01: To amend the Land Use Plan in the Geyer Springs West Planning District from Public Institutional to Commercial; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staffrecommends approval. Synopsis: A Land Use Plan amendment in the Geyer Springs West Planning District from Public Institutional to Commercial for future development. 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 Keck, 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 Wyrick stated that she was opposed to the application due to the fact that it was not a Planned Commercial District and that there was no defined use. By voice vote of the Board Members present, with Directors Adcock and Wyrick voting in opposition, the ordinance was approved. 15. ORDINANCE NO. 20,309; Z- 5150 -A: To reclassify 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: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. Synopsis: The owner of the 3.81 -acre property located on the north side of Mabelvale Cut -Off, 300 feet east of Chicot Road, is requesting that the zoning be reclassified from R -2 to C -3 (with condition). 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. Director Wyrick again stated that she was opposed to the application due to the fact that it was not a Planned Commercial District and that there was no defined use. 13 ru 6:00 PM Little Rock Board of Directors Meeting August 17, 2010 6:00 PM By voice vote of the Board Members present, with Director Wyrick voting in opposition, the ordinance was approved. PUBLIC HEARING (Item 16) 16. RESOLUTION NO. 13,185; Z- 7744 -A: To ,rescind the Little Rock Planning Commission's action in denying a Special Use Permit to allow a Parolee Housing Facility on the C -3 zoned property located at 10905 West Markham Street; and for other purposes. Planning Commission: 1 aye; 8 nays; 1 abstention; and I absent. Staffrecommends denial. Synopsis: Mr. Randal B. Frazier is appealing the Planning Commission's action in denying a Special Use Permit to allow a Parolee Housing Facility on the C -3 zoned property located at 10905 West Markham Street. Mayor Stodola opened the public hearing and asked if there was anyone present that wanted to speak about the issue. Director Cazort made the motion, seconded by Director Richardson, to limit the time to fifteen (15) minutes for each side. By voice vote of the Board of Directors present, with Director Adcock voting in opposition, time was limited to fifteen (15) minutes for each side. Mike Robinson: Stated that he was an Executive Pastor at Fellowship Bible Church and a Director of Under Grace Ministries. Mr. Robinson read the following list of eight (8) items that Under Grace Ministries was willing to include as conditions in their Special Use Permit: 1) The facility would be licensed by the Department of Community Corrections (DCC); 2) The facility would operate under the rules and regulations of the DCC and the City of Little Rock; 3) Only non - violent and non - sexual offenders would be accepted; 4) Twenty -four (24) -hour security would be provided seven (7) days a week as required by the DCC; 5) There would be three (3) employees and the required ratio of employees to residents would be maintained in the facility as required by the DCC; 6) Mandatory drug and alcohol testing would be conducted with a Zero Tolerance Policy in compliance with DCC rules and regulations; 7) Each resident would be required to be actively engaged in a recovery program; and 8) A Neighborhood Advisory Committee, modeled after the City of Faith, would be formed. Dr. Fitz Hill: Stated that he was the President of Arkansas Baptist College and a Director of Under Grace Ministries. Mr. Hill urged the Board to vote for the Special Use Permit. Jason Duncan: Stated that he was a recent parolee; however, due to the guidance from Arkansas Baptist College and Under Grace Ministries, he was now a full -time employee, a college student, a church member and a full -time volunteer. Paul Stevens: Stated that he was Pastor at Fellowship Bible Church and a Director of Under Grace Ministries. Mr. Stevens urged the Board to support the Special Use Permit. Director Kumpuris asked how many rooms were presently located in the facility. Mr. Robinson stated that presently there were twenty -three (23) apartments at the facility; twenty (20) one - bedroom apartments and three (3) two- bedroom apartments. Director 5 -1 - 6:00 PM Little Rock Board of Directors Meeting August 17, 2010 6:00 PM Kumpuris asked how many clients that the facility would accept. Mr. Robinson stated that the application to DCC indicated up to sixty (60) clients; however, initially they would take ten (10) individuals and over the course of the year grow to sixty (60). Mr. Robinson stated that two (2) to three (3) individuals would be housed in each room. Director Adcock stated that she would like to see the addition of a Little Rock Police Department Officer to the Neighborhood Advisory Committee. Mr. Robinson stated that an Officer would be a welcome addition to the Advisory Committee. Director Wyrick asked what the penalty would be for an individual that walked away from the facility. Steve Arnold, DCC Assistant Director, stated that the individual would have a parole hearing and the penalty would be determined by their background and the history they had at the facility. Jacob Chi, 15 Shackleford Drive: Stated that his family owned Chi's Restaurant which was located across the street from the proposed facility. Mr. Chi voiced his opposition to the Special Use Permit. Stephen A. Hester, 111 Center Street: Stated that he represented Shotgun Dan's Restaurants, Inc., and they were opposed to the Special Use Permit. Mollie Irvin, 507 Deerbrook Road: Did not want to speak; however, she wanted to express her objection to the Special Use Permit. Mayor Stodola closed the public hearing. Director Kumpuris called the question for the vote. By unanimous voice vote of the Board Members present, the question was called for the vote. By unanimous voice vote of the Board Members present, the resolution was approved. CITIZEN'S COMMUNICATION Luke Skrable, 9602 Woodford Drive: Stated that he still had concerns as to why a three (3) -way STOP sign was installed on Crofton Drive when the traffic volumes did not warrant the installation. LaWanda Pendleton: Stated that she represented Ward 1 Citizen's for Progress and their concern was that there was an abundance of weedlots in the south end, near Marshall and Bishop Streets. Linda Boyd, 1214 West 6t' Street: Stated that she lived in Graham Manor and was worried about the status of a recent code enforcement inspection. Ms. Boyd stated that she was waiting on her housing voucher from the Little Rock Housing Authority. C9 a 6:00 PM Little Rock Board of Directors Meeting August 17, 2010 6:00 PM Director Keck 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: -5 usan a ley, City Clerk 7 APPROVED: Mark S odola, Mayor