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HomeMy WebLinkAbout02-02-10Little Rock Board of Directors Meeting February 2, 2010 6:00 PM Little Rock Board of Directors Meeting February 2, 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. Acting 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. Vice Mayor Director Adcock delivered the invocation, which was followed by the Pledge of Allegiance. ADDITIONS M -1. RESOLUTION NO. 13,082A: To authorize the Little Rock City Manager to apply for a grant to the Arkansas Economic Development Commission on behalf of the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. Synopsis: This Resolution allows the City Manager to submit a grant application in the amount of $200,000 to the Arkansas Economic Development Commission — 2009 General Improvement Fund Allocations for Regional Economic Development. DEFERRAL World of Pharaohs Proclamation Presentation Director Keck made the motion, seconded by Director Richardson, to add Item M -1 to the Consent Agenda. By unanimous voice vote of the Board Members present, Item M -1 was added to the Consent Agenda. CONSENT AGENDA (Items 1 - 5) 1. RESOLUTION NO. 13,076; G -24 -024: Setting February 16, 2010, as the date of hearing on the petition to abandon a portion of a twenty -five (25) -foot wide access and utility easement located along the south perimeter of Lot 1, Chenonceau Commercial Subdivision, in the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. Synopsis: The applicants are requesting the abandonment of a portion of a twenty -five (25) -foot wide access and utility easement located along the south perimeter of Lot 1, Chenonceau Commercial Subdivision. 2. RESOLUTION NO. 13,077: To authorize the Mayor and the City Clerk to execute a temporary construction easement located along a portion of Stagecoach Road in the City 1 Little Rock Board of Directors Meeting February 2, 2010 6:00 PM of Little Rock, Arkansas, to the Arkansas Highway and Transportation Department for a roadway improvement project; and for other purposes. Staffrecommends approval. Synopsis: Authorizes the Mayor to execute temporary construction easements with the Arkansas Highway and Transportation Department for a project to widen Stagecoach Road from Otter Creek to the County Line. 3. RESOLUTION NO. 13,078: To authorize the acceptance of approximately 48.33 acres of land from Central Arkansas Water for recreational purposes; and for other purposes. Staff recommends approval. Synopsis: The resolution accepts property from Central Arkansas Water for City recreational purposes and authorizes the Mayor, City Manager and City Clerk to execute any documents needed in connection with the acceptance of the property. 4. RESOLUTION NO. 13,079: To award a contract for broadband services to Aristotle.Net Inc., pursuant to Request for Qualification #9245; to authorize the City Manager to execute a contract with the company; and for other purposes. Staff recommends approval. Synopsis: The City issued a Request for Qualifications for broadband services to assist in the application for grants involving broadband services. Aristotle.Net Inc., was the sole bidder and was deemed qualified to provide the services. A contract has now been negotiated by the City Attorney's Office and the next step is for the Board to award the contract and authorize the City Manager to sign it. 5. RESOLUTION NO. 13,080: To authorize the City Manager to execute a permit to allow Entergy Arkansas to cross City property to deliver power to the Arch Street Pump Station; and for other purposes. Staffrecommends approval. Synopsis: Authorizes the City Manager to sign a permit authorizing Entergy Arkansas to cross City property to deliver power to the Arch Street Pump Station. 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. CITIZEN'S COMMUNICATION Pat Gee, 8409 Dowan Drive: Wanted to apologize to City Staff for losing her temper the previous evening at a Southwest United for Progress Neighborhood Meeting. Kathy Wells 2121 Gaines Street: Stated that she represented the Ward One We Care Citizens for Progress and that in the coming year, their members would be encouraging individuals within their ward to register to vote to exercise their rights. Luke Skrable, 9602 Woodford Drive: Commented on 311 statistics for the past three (3) years. 2 Little Rock Board of Directors Meeting February 2, 2010 6:00 PM PUBLIC HEARINGS (Items 6 — 8) 6. ORDINANCE NO. 20,213: To assess the value of benefits to be received by the owners of each of the several block, lots and parcels of land within the Little Rock Multipurpose Improvement District No. 2007 -304 Parkway Neighborhood Association Project; to declare an emergency; and for other purposes. The ordinance was read the first time. Director. Keck made the motion, seconded by Director Adcock, 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 third time. Director Keck made the motion, seconded by Director Adcock, 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. Mayor Stodola opened the public hearing and asked if there was anyone present that desired to speak to the issue. None being present, Mayor Stodola closed the public hearing. By unanimous voice vote of the Board Members present, the ordinance was approved. By unanimous voice vote of the Board Members present, the emergency clause was passed. 7. RESOLUTION NO. 13,082: To appoint a Board of Assessment for the Little Rock Multipurpose Improvement District No. 2007 -304 Parkway Neighborhood Association Project; and for other purposes. Director Keck made the motion, seconded by Director Adcock, to approve the resolution. By unanimous voice vote of the Board Members present, the resolution was approved. 8. RESOLUTION NO. 13,081: To approve appointment of replacement commissioners to the Board of Improvement of the Little Rock Multipurpose Improvement District No. 2007 -304 Parkway Neighborhood Association Project; and for other purposes. Director Adcock made the motion, seconded by Director Keck, to approve the resolution. By unanimous voice vote of the Board Members present, the resolution was approved. SEPARATE ITEM (Item 9) 9. ORDINANCE: To amend Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for various procedures and land use regulations regarding parking of motor vehicles in front yards or corner side yards of residential properties; and for other purposes. Planning Commission: 9 ayes; 0 nays; 2 absent. Staff recommends approval. 3 Little Rock Board of Directors Meeting February 2, 2010 6:00 PM Synopsis: The Planning Commission is forwarding to the Board of Directors an ordinance amendment which would establish procedures and criteria regulating the parking of motor vehicles in the front yard and street corner side yards of residential properties. The ordinance was read the first time. Mayor Stodola indicated that the ordinance would be left on first reading and that there would be amendments. City Attorney Tom Carpenter discussed various amendments that had been made to the ordinance. City Attorney Carpenter stated that if the Board did not approve the first amendment, which would require any residential parking area to be paved, then the basic language would not change. Luke Skrable, 9602 Woodford Drive: Discussed the characteristics of SB2 Gravel, and stated that concrete would be the best solution. Director Hurst stated that according to Section 1, Paragraph F, an individual could apply for a variance or apply to the Board of Adjustment. Director Hurst asked if it would not be better to go through the Planning Commission. City Attorney Carpenter stated that the ordinance would be an amendment to the zoning code and if there was to be a change to what was required by the zoning code, the variance would go to the Board of Adjustment. City Attorney Carpenter stated that the Planning and Development Department Director was permitted to grant certain variances; however, if the variance was substantial, it would need to be heard by the Board of Adjustments. Director Wright made the motion to approve the amendment that would require all residential areas be paved. Due to the lack of a second, the motion failed. Proposed Amendment No. 2 was read, which stated that hard - packed meant any improved surface that was stabilized and provided appropriate dust control and limited permeability including surfaces such as dirt packed smooth enough to avoid ruts or indentions as a result of normal yearly rainfalls, or winter weather, or paved pavers , concrete, asphalt or other similar parking material. Director Cazort made the motion, seconded by Director Hurst, to amend the amendment to delineate the references to dirt. By unanimous voice vote of the Board Members present, the motion passed. Director Cazort made the motion, seconded by Director Adcock, to add Amendment 2 to the ordinance. By unanimous voice vote of the Board Members present, the motion passed. Proposed Amendment No. 3 was read, which stated that the provisions of subsection (d)(i) should not apply to special public events such as, but not limited to, football games at War Memorial Stadium, or the Arkansas State Fair and Livestock Exposition and LI Little Rock Board of Directors Meeting February 2, 2010 6:00 PM should not apply to special private events such as, but not limited to, a private party or reception, if the private events lasted no more than (to be determined) hours during one calendar day. City Manager Bruce Moore stated that staff's recommendation was that six (6) hours be the maximum amount of time allotted for parking related to a private event. Director Hurst asked how the City would enforce the issue of parking for private parties. Mayor Stodola stated that if a complaint was received, a Code Enforcement Officer would be sent to the location to verify that it was a private party. Director Wyrick asked if holidays such as Christmas or Thanksgiving would fall under the category of a private party. Mayor Stodola stated that the enforcement would be complaint- driven and that in that type of circumstance, an individual should have the courtesy to let their neighbors know of the situation. Mayor Stodola stated that if there was another amendment that dealt with the issue of holidays, the Board could certainly act on that amendment. Director Adcock stated that she would like to propose an amendment that would read, "with the exception of all National Holidays." City Attorney Carpenter suggested that the amendment read, "shall not apply on holidays, or special private events such as, but not limited to..." Director Adcock made the motion, seconded by Director Cazort, to accept the language recommended by the City Attorney. By unanimous voice vote of the Board Members present, the motion passed. Director Kumpuris made the motion, seconded by Director Adcock, to accept staff's recommendation for six (6) hours. By unanimous voice vote of the Board Members present, the motion passed. Director Cazort made the motion, seconded by Director Adcock, to accept the Amendment 3 as amended. By unanimous voice vote of the Board Members present, Amendment 3 was accepted as amended. Proposed Amendment 4 was read, which stated that the designated parking area required by the section shall be perpendicular to the street, provided that the requirement did not apply to a designated or paved parking area that was part of a paved circular drive. Director Adcock asked if the amendment should read, "an approved circular driveway." City Attorney Carpenter stated that that the driveway was supposed to be paved and that the word "designated" should be removed. Director Adcock stated that the Board did not approve Amendment 1, which stated that any residential parking should be paved; therefore, circular drives should not be required to be paved. 5 Little Rock Board of Directors Meeting February 2, 2010 6:00 PM Director Adcock made the motion, seconded by Director Cazort, to strike the word "paved." By unanimous voice vote of the Board Members present, the motion passed. Director Cazort made the motion, seconded by Director Adcock, to accept Amendment 4 as amended. By unanimous voice vote of the Board Members present, Amendment 4 was accepted as amended. Proposed Amendment 5 was read, which stated that any residential parking area that was not paved should be delineated in some manner that made clear the twenty (20) -foot parking area was clearly identified and stationary. Director Cazort made the motion, seconded by Director Wright, to accept Amendment 5. By unanimous voice vote of the Board Members present, Amendment 5 was accepted. Proposed Amendment 6 was read, which stated that no delineated or paved parking area should have more than one (1), twenty (20) -foot by twenty (20) -foot flagpole, in addition to any paved driveway that is greater than the width of the garage, which for that section meant an area that could be used for additional parking, the permitted parking of a boat or another vehicle, or that can be used to assist in turning a vehicle in order to enter an adjacent street. Director Wright made the motion, seconded by Director Cazort, to accept Amendment 6. By unanimous voice vote of the Board Members present, Amendment 6 was accepted. Mayor Stodola asked if the words, "whether operable or inoperable" should be struck from Subsection D of the proposed ordinance. City Attorney Carpenter stated that due to the fact that the Board voted on all the amendments, those words should be deleted. Director Adcock made the motion, seconded by Director Wright, to delete the words, "whether operable or inoperable: from Subsection D. By unanimous voice vote of the Board Members present, the motion passed. Director Cazort stated that once all the proposed changes were made to the ordinance, he would like for the Board to hold the ordinance on second reading at the next Board Meeting. Kathy Wells 2121 Gaines Street: Read a letter from the Downtown Neighborhood Association supporting the passage of the ordinance. John Estes 1608 Green Meadows: Stated that the City needed to worry about things other than where individuals park their cars. Carla Coleman 5306 Southboro Drive: Stated that she was with the Our Neighborhood Association and that she supported the passage of the ordinance. Pat Gee, 8409 Dowan Drive: Stated that she was President of the Upper Baseline Neighborhood Association and the Vice President for Southwest United for Progress and encouraged the Board to approve the passage of the ordinance. Col Little Rock Board of Directors Meeting February 2, 2010 6:00 PM Robert Webb: Stated that he supported the concept of the ordinance; however, he felt that instead of an ordinance, the City should just send Code Enforcement out to the properties that are in violation. Annie Abrams, 1925 Wolfe Street: Stated that the matter of parking in the yards was so complex and that she didn't think the City was ready to make a decision on how to enforce the issue. Luke Skrable, 9602 Woodford Drive: Voiced his opposition to the passage of the ordinance. Director Hendrix made the motion, seconded by Director Wright, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. 7 APPROVED: rl � Mark Stodola, Mayor