HomeMy WebLinkAbout12-07-10Little Rock Board of Directors Meeting
December 7, 2010
6:00 PM
Little Rock Board of Directors Meeting
December 7, 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 Cazort delivered
the invocation, which was followed by the Pledge of Allegiance.
PRESENTATIONS
Little Rock Citizen's Academy
MODIFICATIONS
M -1 RESOLUTION NO, 13,245: To authorize the City Manager to enter into an
agreement with the Arkansas Highway and Transportation Department for the Interstate
430 /Interstate 630 Interchange Modifications (Phase III); and for other purposes. Staff
recommends approval.
M -2 RESOLUTION NO. 13,246: To authorize the City Manager to enter into a
contract with Fleming Electric, Inc., and Staley Electric, LLC, to provide overflow
electrical repairs; and for other purposes. Staff recommends approval.
Synopsis: Authorizes the City Manager to enter into a contract with Fleming Electric, Inc., and
Staley, LLC, to supply electricians to perform overflow electrical repairs on an hourly basis when the
limited City Electrical Staff can't respond in a timely manner.
M -3 RESOLUTION NO. 13,247: To authorize the City Manager to enter into a
contract with Commercial Air, Inc., to provide HVAC control repairs on an as- needed
basis; and for other purposes. Staff recommends approval.
Synopsis: Authorizes the City Manager to enter into a contract with Commercial Air, Inc., to
provide HVAC control repairs on an hourly basis when City Staff cannot respond in a timely
manner.
M -4 RESOLUTION NO. 13,248: To authorize the City Manager to enter into a
contract with Royal Overhead Door, Inc., to provide overhead door repairs on an as-
needed basis; and for other purposes. staff recommends approval.
Synopsis: Authorizes the City Manager to enter into a contract with Royal Overhead Door, Inc., to
provide overhead door repairs on an as- needed hourly basis.
M -5 EXECUTIVE SESSION
Little Rock Board of Directors Meeting
December 7, 2010
6:00 PM
Director Adcock made the motion, seconded by Director Cazort, to add Items M -1, M -2,
M -3 and M -4 to the Consent Agenda. By unanimous voice vote of the Board Members
present, Items M -1, M -2, M -3 and M -4 were added to the consent agenda.
CONSENT AGENDA (Items 1— 6 and Items M -1— M -4)
1. MOTION: To approve the minutes of the Little Rock Board of Directors
Reconvened Meeting of November 9, 2010.
2. RESOLUTION NO. 13,240: To authorize the Mayor to sign a warranty deed to
convey property lease to A.O. Smith to their successor Fiberglass Systems, LP, as
required by a lease between the parties pursuant to a 1963 Act 9 Bond Issue with
predecessor A.O. Smith; and for other purposes. Staffrecommends approval.
Synopsis: Fiberglass Systems, LP, has requested that the City issue a warranty deed for their
property located at 2700 West 56`h Street.
3. RESOLUTION NO. 13,241: To amend Little Rock Resolution No. 13,216 of
October 19, 2010, to comply with application requirements for a Trails for Life Grant
from the Arkansas Department of Parks and Tourism; and for other purposes. Staff
recommends approval.
Synopsis: Amending Resolution #13,216 authorizing the City Manager to apply for the Trails for Life
Grant in the amount of $70,000.
4. RESOLUTION NO. 13,242: 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. (LANDBANK SPECIAL PROJECT) Staff recommends 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 1623
Johnson Street.
5. RESOLUTION NO. 13,243: To authorize the City Manager to approve a one (1)
year extension of the Annual Software Maintenance Agreement with IBM, in the amount
of $147,888; and for other purposes. Staff recommends approval.
Synopsis: This resolution authorizes an additional year of software maintenance services for the
City's IBM mainframe computer pursuant to sole - source Ordinance No. 20,220 of February 16,
2010.
6. RESOLUTION NO. 13,244: To require the 2010 Audit to be performed in
accordance with the guidelines and format prescribed by the Governmental Accounting
Standards Board, the American Institute of Certified Public Accountants and the United
States Government Accountability Office; and for other purposes. Staff recommends
approval.
Synopsis: The resolution requires that the 2010 Audit be performed in accordance with guidelines
and formats prescribed by the Governmental Accounting Standards Board, the American Institute
of Certified Public Accountants, and the United States Government Accountability Office.
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Little Rock Board of Directors Meeting
December 7, 2010
6:00 PM
M -1 RESOLUTION NO, 13,245: To authorize the City Manager to enter into an
agreement with the Arkansas Highway and Transportation Department for the Interstate
430 /Interstate 630 Interchange Modifications (Phase III); and for other purposes. Staff
recommends approval.
M -2 RESOLUTION NO. 13,246: To authorize the City Manager to enter into a
contract with Fleming Electric, Inc., and Staley Electric, LLC, to provide overflow
electrical repairs; and for other purposes. Staffrecommends approval.
Synopsis: Authorizes the City Manager to enter into a contract with Fleming Electric, Inc., and
Staley, LLC, to supply electricians to perform overflow electrical repairs on an hourly basis when the
limited City Electrical Staff can't respond in a timely manner.
M -3 RESOLUTION NO. 13,247: T To authorize the City Manager to enter into a
contract with Commercial Air, Inc., to provide HVAC control repairs on an as- needed
basis s; and for other purposes. Staff recommends approval.
Synopsis: Authorizes the City Manager to enter into a contract with Commercial Air, Inc., to
provide HVAC control repairs on an hourly basis when City Staff cannot respond in a timely
manner.
M -4 RESOLUTION NO. 13,248: To authorize the City Manager to enter into a
contract with Royal Overhead Door, Inc., to provide overhead door repairs on an as-
needed basis; and for other purposes. staff recommends approval.
Synopsis: Authorizes the City Manager to enter into a contract with Royal Overhead Door, Inc., to
provide overhead door repairs on an as- needed hourly basis.
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.
Due to the fact that several Board Members would have to leave early, Director Keck
made the motion, seconded by Director Adcock, to discuss Item 25, which dealt with the
2011 Budget, prior to the Grouped Items. By unanimous voice vote of the Board
Members present, Item 25 was discussed prior to the Grouped Items.
OTHER ITEM (Item 25)
25. ORDINANCE: To provide for and to adopt the 2011 Budget for the City of Little
Rock for the period beginning January 1, 2011, and ending December 31, 2011; to
appropriate resources and uses for every expenditure item and fund; to declare an
emergency; and for other purposes. Staffrecommends approval.
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 voice
vote of the Board Members present, with Director Keck voting in opposition, the rules
were suspended and the ordinance was read a second time. Director Adcock made the
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Little Rock Board of Directors Meeting
December 7, 2010
6:00 PM
motion, seconded by Director Cazort, to suspend the rules and place the ordinance on
third reading. By roll call vote of the Board Members present, the vote was as follows:
No: Richardson; Keck; and Wright. Yes: Hurst; Cazort; Wyrick; Kumpuris; Adcock;
and Vice Mayor Fortson. Present: Hendrix. By a vote of 6 ayes, 3 nays and 1 present,
the motion failed and the proposed ordinance was held on second reading.
Director Keck asked about the $700,000 increase in the appropriation to the Central
Arkansas Transit Authority (CATA), and stated that in the two (2) Public Budget
Hearings that he attended, there were consistent complaints regarding the service and the
operation of the River Rail. Director Keck stated that there were consistent complaints
regarding efficiency from those individuals that rely on the bus service. City Manager
Bruce Moore stated that the CATA Board, along with the Executive Director, continued
to search for opportunities to improve the system and reminded the Board that in 2010,
the CATA Board utilized $722,857 in reserve funds to assist municipalities during thee
economic down -turn, with the City of Little Rock receiving $500,000. Director Keck
stated that he understood the recommendation; however, it was his desire that in the
future, a better system could be developed.
Director Cazort stated that the River Rail was nothing more than a tourist attraction and
not the commuter system that it sold as. Director Cazort stated that in the budget there
was an increase for the River Rail and asked if any of the cost in the CATA Budget was
proposed to made up by an increase in River Rail fares. City Manager Moore stated that
it was not. Director Cazort stated that if the fares were increased by .25¢, it would more
than cover the City's share of increase. Director Cazort asked if there were any proposed
CATA rate increases that would cover their increased budget projections for the year.
City Manager Moore stated that there was not and that the CATA Board had looked at it
from the economy standpoint and that the main reason for the increase the pervious year
was due to an increase in fuel costs.
Director Wright stated that CATA did not appear to be sensitive at all to the needs, or
concerns, expressed by the citizens. Director Wright stated that she was the Board liaison
to the CATA Board; however, she had stopped attending the meetings as she felt they
were not entertaining any information or comments from her. Director Wright asked if it
was possible to have an independent study of CATA conducted. City Manager Moore
stated that several years ago, the Board had asked the University of Arkansas at Little
Rock (UALR) to conduct an analysis of CATA. City Manager Moore stated that as a
result of the analysis, UALR developed several recommendations. Director Wright asked
if there were any actions taken as a result of the recommendation. City Manager Moore
stated that the majority of the recommendations dealt with additional revenue.
Director Richardson asked if there was infrastructure in place to conduct regular
assessments to determine needs and how to address those needs, and if the infrastructure
was in place, how could Board Members and the general public be a part of the process
and provide their input. City Manager Moore stated that there were on -going
assessments that studied the customer base and provided service, and that he would ask
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Little Rock Board of Directors Meeting
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CATA Staff and CATA Board Members to provide an update at an up- coming meeting to
discuss the various aspects of the assessments.
Director Wyrick stated that there were several apartment complexes located in Southwest
Little Rock that were in need of public transportation and asked if staff had determined
the needs in that area and if so, what was the price tag in order to serve the areas that
needed service. City Manager Moore stated that he would schedule a work session with
the CATA Board for one of the first months in 2011 that have five (5) Tuesdays.
In regards to the General Fund Parks Revenue, Director Keck stated that there was a little
more than $100,000 less in revenue then the same time last year, and most of the revenue
appeared to be down as a result of the reduction in services. Director Keck asked if the
organizations that utilized the parks on a regular basis were consistently charged the same
type of usage fee. City Manager Moore stated that he would compile a list which would
include the information regarding the different organizations that utilize the parks and
amount of usage fees they are charged.
Director Wright stated that she would like to be more engaged in the planning process
before being presented with the budget. Mayor Stodola stated that the budget discussion
that was occurring at the moment was an opportunity for the Board to make changes;
however, he wanted everyone to understand that this budget was the same budget from
the previous year, virtually unchanged. Director Wright stated that she would like to be
consulted before she was presented with the budget. Director Hendrix stated that the
ordinance read, "To provide for and adopt..." and she agreed with Director Wright and
that she felt the Board should come together as a group to suggest to the City Manager
Moore and Mayor Stodola what was necessary to be included in the budget. Director
Adcock stated that in the past the Board had met outside of City Hall for the purpose of
discussing the budget and to make recommendations to the City Manager so that he could
begin to compose the budget.
Director Richardson reminded the Board that they were elected as policy makers and they
needed to be careful of crossing the fine line that would make it appear that they were
attempting to run the various City Departments. Director Richardson stated that he
would like assurance that the funds given to the Little Rock Regional Chamber of
Commerce would not be utilized for lobbying efforts and that regular reports would be
given regarding of how the funds were spent. City Manager Moore stated that the monies
would not be utilized for lobby efforts and that Chamber Staff would begin providing
regular updates.
Director Hendrix asked City Attorney Tom Carpenter if the Board in fact needed to
exercise caution when making budget recommendations. City Attorney Carpenter stated
that as elected officials, the Board had a fiduciary obligation to be aware of the
expenditures of City taxpayer money and other revenues. Therefore, in terms of asking
questions and making suggestions, the Board had that authority; however, by State
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Little Rock Board of Directors Meeting
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Statute and ordinance, the initial budget was to be presented to the Board by the City
Manager and Mayor.
Director Wright asked if the Golf Fees were consistent with those of private clubs. City
Manager Moore stated that the fees were not consistent with those of private clubs;
however, the staff researched other municipal fees and for the amenities provided, the
cost was a value to golfers.
GROUPED ITEMS (Items 7 - 20)
7. ORDINANCE NO. 20,358; Z- 4953 -C: To approve a Planned Zoning Development
and establish a Planned Commercial District titled Park Avenue Revised Long -Form
PCD, located on the northwest corner of St. Vincent Circle and South University Avenue,
Little Rock, Arkansas, amending the Official Zoning Map of Little Rock, Arkansas; and
for other purposes. Planning Commission: 9 ayes, 0 nays, 0 absent and 2 open positions. Staff
recommends approval.
Synopsis: The request is a revision to the previously approved PCD to allow a reduction in the total
square footage and to modify the locations of some of the approved elements.
8. ORDINANCE NO. 20,359; Z- 6476 -C: To approve a Planned Zoning Development
and establish a Planned Commercial District titled Coulson Oil Company Revised Short-
Form PCD, located at 19500 Cantrell Road, Little Rock, Arkansas, amending the Official
Zoning Map of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes,
0 nays, 0 absent and 2 open positions. Staff recommends approval.
Synopsis: The request is to amend the previously approved PCD to add light automotive repair as an
allowable use for the property.
9. ORDINANCE NO. 20,360; Z- 6640 -11: To approve a Planned Zoning Development
and establish a Planned Office District titled Bailey Revised Short-Form PCD, located at
1723 North University Avenue, Little Rock, Arkansas, amending the Official Zoning
Map of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 0
absent and 2 open positions. Staff recommends approval.
Synopsis: The request is to amend the previously approved POD to allow the use of the existing
structure as the administrative offices for Superior Senior Care.
10. ORDINANCE NO. 20,361; Z- 6732 -E: To approve a Planned Zoning Development
and establish a Planned Commercial District titled Downtown Dog'z Short-Form PCD,
located at 918 East 7t" Street and 625 Byrd Street, Little Rock, Arkansas, amending the
Official Zoning Map of Little Rock, Arkansas; and for other purposes. Planning
Commission: 9 ayes, 0 nays, 0 absent and 2 open positions. Staff recommends approval.
Synopsis: The request is to rezone the site from UU, Urban Use District, to PCD to allow for the use
of a portion of the site as a dog daycare and boarding business.
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Little Rock Board of Directors Meeting
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11. ORDINANCE NO. 20,362; Z- 8294 -A: To approve a Planned Zoning Development
and establish a Planned Residential District titled Oak Glenn Revised Short-Form PD -R,
located in the 1900 Block of Watt Street, Little Rock, Arkansas, amending the Official
Zoning Map of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes,
0 nays, 0 absent and 2 open positions. Staff recommends approval.
Synopsis: The request is to amend the pre
12. ORDINANCE NO. 20,363; Z -8574: To approve a Planned Zoning Development
and establish a Planned Residential District titled Buntaine Short-Form PD -R, located at
303 Rosetta Street, Little Rock, Arkansas, amending the Official Zoning Map of Little
Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes, 3 nays, 0 absent and 2
open positions. Staff recommends approval.
Synopsis: The applicant is requesting a rezoning from R -3, Single - Family, to PD -R to allow for the
conversion of an existing duplex into a triplex.
13. ORDINANCE NO. 20,364; Z -8604: To approve a Planned Zoning Development
and establish a Planned Commercial District titled Talbert Short-Form PCD, located at
18601 Kanis Road, Pulaski County, Arkansas, and located within the Little Rock,
Arkansas, Extraterritorial Planning Jurisdiction, amending the Official Zoning Map of
Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 0 absent
and 2 open positions. Staff recommends approval.
Synopsis: The request is a rezoning of the site from R -2, Single - Family, to PCD to allow the use of
this existing single - family structure as a beauty salon, art gallery and antique shop.
14. ORDINANCE NO. 20,365; Z -8605: To approve a Planned Zoning Development
and establish a Planned Office District titled Lotl Edwards Subdivision Short-Form
POD, located at 11601 Kanis Road, Little Rock, Arkansas, amending the Official Zoning
Map of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 0
absent and 2 open positions. Staff recommends approval.
Synopsis: The applicant is proposing a rezoning of this site from R -2, Single - Family, to POD to allow
for the use of this existing structure as a daycare center.
15. ORDINANCE NO. 20,366; Z -8606: To approve a Planned Zoning Development
and establish a Planned Residential District titled Watson Short-Form PD -R, located at
431 Midland Street, Little Rock, Arkansas, amending the Official Zoning Map of Little
Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 0 absent and 2
open positions. Staff recommends approval.
Synopsis: The request is a rezoning of the site from R -3, Single Family, to PD -R to allow for an
addition to the existing home within the rear yard. The property is located within the Hillcrest
Design Overlay District. The rear yard setback does not comply with the typical standards of the
zoning district necessitating the rezoning request.
16. ORDINANCE NO. 20,367; Z -8607: To approve a Planned Zoning Development
and establish a Planned Commercial District titled Angles Short-Form PD -C, located at
15005 Cooper Orbit Road, Little Rock, Arkansas, amending the Official Zoning Map of
Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 0 absent
and 2 open positions. Staff recommends approval.
Synopsis: The request is a rezoning of the site from R -2, Single Family, to PD -C to allow the
property owner to place a single chair beauty salon within the existing residence.
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Little Rock Board of Directors Meeting
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17. ORDINANCE NO. 20,368: To fix and impose the aggregate amounts of fees and
charges to be paid to the City of Little Rock, Arkansas, by Entergy Corporation and the
method of payment thereof, amending Section 9 of Ordinance No. 11,683; and for other
purposes. Staff recommends approval.
Synopsis: Approval of an ordinance levying a franchise fee to be paid by Entergy Corporation. This
franchise fee should remain in effect until otherwise amended by the Board of Directors.
18. ORDINANCE NO. 20,369: To amend in part Ordinance No. 11,366, to provide for
levying a franchise fee to be paid by CenterPoint Energy ARKLA; to provide for the
payment thereof; and for other purposes. Staffrecommends approval.
Synopsis: Approval of an ordinance levying a franchise fee to be paid by CenterPoint Energy
ARKLA. This franchise fee should remain in effect until otherwise amended by the Board of
Directors.
19. ORDINANCE NO. 20,370: To levy franchise fees to be paid by all carriers
providing local access telephone services; providing for the payment thereof, and for
other purposes. Staff recommends approval.
Synopsis: Approval of an ordinance levying a franchise fee to be paid by all carriers providing local
access telephone service. This franchise fee should remain in effect until otherwise amended by the
Board of Directors.
20. ORDINANCE NO. 20,371: To fix and impose the amount of fees and charges to be
paid to the City of Little Rock, Arkansas, by all companies that provide interstate or
intrastate long distance telecommunication service, and all business incidental to or
connected with the conducting of such telephone business in the City of Little Rock,
Arkansas; amending Section 3 of Ordinance No. 15,706; and for other purposes. Staff
recommends approval.
Synopsis: Approval of an ordinance levying a franchise fee for companies providing long distance
telephone service in Little Rock for 2011.
The ordinances were read the first time. Director Adcock made the motion, seconded by
Director Richardson, 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 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 a third time. By unanimous voice vote of the Board Members
present, the ordinances were approved.
SEPARATE ITEMS (Item 21 - 23)
21. ORDINANCE NO. 20,373; Z- 3419 -E: To approve a Planned Zoning Development
and establish a Planned Commercial District titled A Cut Above Revised Short-Form
PCD, located at 302 North Shackleford Road, Little Rock, Arkansas, amending the
Official Zoning Map of Little Rock, Arkansas; and for other purposes. Planning
Commission: 7 ayes, 2 nays, 0 absent and 2 open positions. Staff recommends denial.
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Little Rock Board of Directors Meeting
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Synopsis: The request is a revision to the previously approved PCD to eliminate the required office
uses and allow for the use of the existing building with entirely commercial uses.
The ordinance was read the first time. Director Adcock made the motion, seconded by
Director Hendrix, 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 Adcock called the question to vote. By unanimous voice vote of the Board
Members present, the question to vote was called.
By unanimous voice vote of the Board Members present, the ordinance was approved.
Due to the fact that there was an individual present that had filled out a card to speak in
opposition to the ordinance, Director Keck made the motion, seconded by Director
Richardson, to expunge the vote. By unanimous voice vote of the Board Members
present, the vote was expunged.
Ruth Bell, 7611 Briarwood Street: Stated that she represented the League of Women
Voters of Pulaski County and they continued to oppose the use of the property in
question for C -2 uses.
Sharon Connell, 302 North Shackleford Road: Stated that she was the owner of the
property and asked that the Board support the proposed ordinance.
Director Wright called the question to vote. By unanimous voice vote of the Board
Members present, the question to vote was called.
By unanimous voice vote of the Board Members present, the ordinance was approved.
22. ORDINANCE NO. 20,372; Z- 8490 -A: To approve a Planned Zoning Development
and establish a Planned Commercial District titled Johnson Revised Short-Form PCD,
located at 4314 Asher Avenue, Little Rock, Arkansas, amending the Official Zoning Map
of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes, 0 nays, 0
absent and 2 open positions. Staff recommends approval.
Synopsis: The request is to amend the previously approved PCD to allow for the construction of a
smaller building and rearrange the parking layout.
The ordinance was read the first time. Director Adcock made the motion, seconded by
Director Hendrix, 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
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Little Rock Board of Directors Meeting
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unanimous voice vote of the Board Members present, the rules were suspended and the
ordinance was read a third time.
Director Adcock stated that there was very limited parking at the location and asked if the
applicant had secured additional parking at an alternative sight. Planning &
Development Department Director Tony Bozynski stated that the site itself had nineteen
(19) parking spaces and that based on the square footage of the building, the parking
requirement was thirty -five (35) spaces. Mr. Bozynski stated that the applicant had
secured an additional sixteen (16) spaces offsite at a funeral home located northwest of
the property in question.
By roll call vote of the Board Members present, the vote was as follows: No: Adcock
and Wyrick. Yes: Hendrix; Richardson; Cazort; Keck; Wright; Kumpuris; and Vice
Mayor Fortson. Director Hurst was absent. By a vote of 7 ayes, 2 nays and 1 absent, the
ordinance was approved.
23. ORDINANCE NO. 20,375: To condemn certain structures in the City of Little
Rock as structural, fire and health hazards, providing 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.
Synopsis: One (1) residential structure in dilapidated and /or burned condition causing a negative
environmental impact on the residential neighborhood where the structure is located.
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 Richardson, 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.
Roy Burks, 1210 North 8`" Street: Stated that the home had been vacant approximately
nine (9) months and that in his opinion, the damage to the house was caused by a storm
drain located in a drainage easement. Mr. Burks stated that the damage began in 1999
and he had called various time and complained to the City; therefore, he was not going to
pay to fix the City drainage. Mr. Burks stated that his abstract contained a clause that the
builder had the right to dump any waste or excess dirt in the area and that he had an
engineering report that stated that the south side of the driveway area and retaining wall
had failed due to subsurface water erosion.
Mr. Burks stated that the $25,000 estimated to remove the structure was a sizeable
amount and if the City would fix the drain that would stop the flooding in the
neighborhood and he would be able to repair the structure.
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Public Works Department Director Steve Beck stated that when the house was
constructed, the builder extended the storm drain, building a driveway over it which
crushed the pipe causing water to back -up.
City Attorney Tom Carpenter stated that Mr. Burks' argument with the City was really a
matter of damages; however, it was now a question of safety that the Board needed to
address. City Attorney Carpenter stated that over the past eight (8) years, staff had tried
numerous times to negotiate with Mr. Burks and he had refused.
Bob Hamilton, 46 Huntington Road: Stated that he represented the Foxcroft
Neighborhood Association and asked that the Board support the ordinance for
condemnation. Mr. Hamilton stated that any time measurable rain was received, the
street flooded. In addition, there was a school bus stop located within fifty (50) feet from
the property, which was a dangerous situation for children exiting the bus.
Stacy Lovell, 118 White Oak Lane: Stated that she lived next door to the property in
question and that she represented the residents of White Oak Lane. Ms. Lovell stated that
due to the drainage problem at the property, every time it rained, the driveway, yard and
street flood. Ms. Lovell stated that a portion of the driveway had collapsed and that she
constantly reminded her children and the other children in the neighborhood to stay away
from the property for fear that the driveway would further collapse.
Director Wright called the question to vote. By unanimous voice vote of the Board
Members present, the question to vote was called.
By roll call vote of the Board Members present, the vote was as follows: Yes: Hendrix;
Richardson; Cazort; Keck; Wright; Wyrick; Kumpuris; Adcock and Vice Mayor Fortson.
Director Hurst was absent. By a vote of 9 ayes, 0 nays and 1 absent, the ordinance was
approved. By unanimous voice vote of the Board Members present, the emergency
clause was passed.
PUBLIC HEARING (Item 24)
24. ORDINANCE NO. 20,374; G -24 -031: To abandon a sanitary sewer easement
retained in the formerly abandoned right -of -way of Monroe Street, in the City of Little
Rock, Arkansas; and for other purposes. Staff recommends approval.
Synopsis: Kaufman Lumber Company is requesting abandonment of a sanitary sewer easement
retained in the formerly abandoned right -of -way of Monroe Street, located at 5100 Asher Avenue.
Mayor Stodola opened the public hearing and asked if there were individuals present that
wished to speak for or against the item. There being none present, Mayor Stodola closed
the public hearing
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
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Little Rock Board of Directors Meeting
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6:00 PM
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. By unanimous voice vote of the Board Members
present, the ordinance was approved.
CITIZEN'S COMMUNICATION
David Garner, 1609 East 9th Street: Stated that he was the owner of Antique Brick
Outdoors, located on East 91h Street, near the address that had been talked about for the
proposed location of a new Homeless Day Resource Center, and that he was opposed to
the center being located in the area.
Larry CgMenter, Holiday Inn Presidential: Asked that the City involve all the of the
property owners in the proposed area in the discussion regarding the placement of the
proposed Homeless Day Resource Center.
Luke Skrable, 9602 Woodford Drive: Stated that over the last seventeen (17) years there
had been an increase of 46% in PIT Funding and he felt that the funding didn't directly
benefit the entire public. Mr. Skrable stated that most of the programs were located in
Wards One & Two and that none were located in Ward Seven, where it was desperately
needed.
Director Keck made the motion for the Board to move into Executive Session for the
purpose of discussing the City Attorney. For the lack of a second, the motion failed.
Director Richardson made the motion, seconded by Director Hendrix, to recess the
meeting until December 14, 2010, in order to discuss the 2011 Budget. By unanimous
voice vote of the Board Members present, the meeting was recessed until December
14, 2010.
ATTEST:
Ausn La gley, City Clerk
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APPROVED:
Mark Stodola, Mayor