HomeMy WebLinkAbout07-06-10Jury u, Z.ury
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Little Rock Board of Directors Meeting
July 6, 2010
6:00 PM
Little Rock Board of Directors Meeting
July 6, 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; Wright; Wyrick;
Kumpuris; Adcock; Vice Mayor Fortson and Mayor Stodola. Director Keck was absent.
Director Hendrix delivered the invocation, which was followed by the Pledge of
Allegiance.
ADDITIONS:
M -1. MOTION: To approve the minutes of the Little Rock Board of Directors Meeting
of March 2, 2010, March 16, 2010, April 6, 2010, and April 20, 2010; the Little Rock
Board of Directors Reconvened Meeting of May 11, 2010; and the Little Rock Board of
Directors Special Called Meeting of June 30, 2010.
M -2. RESOLUTION NO. 13,154: To grant authority to submit bids to purchase
properties at the Arkansas State Land Commissioner's 2010 Auction, to be used for
Neighborhood Revitalization Programs; and for other purposes. (LANDBANK SPECIAL
PROJECT& NEIGHBOHROODSTABALIZATIONPROGRAMII) Staff recommends approval.
Synopsis: In an effort to acquire vacant and /or blighted properties, staff has identified twenty -five
(25) parcels which are being offered through the State Land Commissioner's Auction scheduled for
July 13, 2010, due to tax delinquency.
M -3. RESOLUTION NO. 13,155: To authorize the City Manager to enter into a
contract with Watershed Conservation Resource Center to restore Coleman Creek; 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 the Watershed
Conservation Resource Center to restore Coleman Creek.
M -4. RESOLUTION NO. 13,156: 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. 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 I805
Wolfe Street.
M -5. RESOLUTION NO. 13,157: To authorize the City Manager to execute a license
to Entergy Arkansas, Inc., to allow it to provide additional power to the Adams Field
Treatment Plan; and for other purposes. Staffrecommends approval.
Synopsis: This resolution authorizes the City Manager to execute a licenses to Entergy Arkansas,
Inc., to utilize a ten (10) -foot wide strip of property at the Adams Field Treatment Plan, for a total of
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Little Rock Board of Directors Meeting
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approximately 689 square feet, for Entergy Arkansas to provide additional power to the treatment
plant.
M -6. RESOLUTION NO. 13,158: To authorize the City Manager to enter into a
general contract with J Con, Inc., for construction of the MacArthur Park Front Lawn
Development; 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 J Con, Inc., to
construct the Front Lawn Development of MacArthur Park.
M -7. RESOLUTION NO. 13,159: To certify local government endorsement of Novus
Arkansas, LLC, located at 7920 Sloane Drive, Little Rock, Arkansas, to participate in the
Arkansas Tax Back Program (as authorized by Section 15- 4- 2706(D) of the Consolidated
Incentive Act of 2003); and for other purposes. Staff recommends approval.
M -8. RESOLUTION NO. 13,160: To certify local government endorsement of PPG
Architectural Finishes, LLC, located at 11605 Vimy Ridge Road, Little Rock, Arkansas,
to participate in the Arkansas Tax Back Program (as authorized by Section 15- 4- 2706(D)
of the Consolidated Incentive Act of 2003); and for other purposes. Staff recommends
approval.
M -9 RESOLUTION NO. 13,161: To authorize the City Manager to enter into an
agreement with Scott Service Company, Inc., to install two (2) City - provided chillers,
one for the Little Rock Police Department and one (1) for the Little Rock Fire
Department; and for other purposes. (AMERICAN RECOVERYAND REINVESTMENT ACT)
Staff recommends approval.
Synopsis: Accepted bids to install two (2) City- supplied HVAC chillers, one for the Little Rock
Police Department and one for the Little Rock Fire Department. Bid #0240R.
M -10. RESOLUTION NO. 13,162: To authorize the City Manager to enter into an
agreement with Scott Service Company, Inc., to install twenty -eight (28) HVAC
Systems, for the City Hall Annex, the Information Technology Building and the Jim
Dailey Fitness and Aquatic Center; and for other purposes. (AMERICAN RECOVERY AND
REINVESTMENTACT) Staffrecommendsapproval.
Synopsis: Accepted bids to install twenty -eight (28) City- supplied HVAC systems at the City Hall
Annex, the Information Technology Building and the Jim Dailey Fitness and Aquatic Center. Bid
#0245.
M -11. RESOLUTION NO. 13,163: To affirm the commitment of the City of little
Rock, Arkansas to build a new facility on the location of the former Adult Leisure
Center; and for other purposes. Staff recommends approval.
M -12. ORDINANCE NO. 20,288: To amend Chapter 36 of the Code of Ordinances to
modify certain land use regulations concerning nonconforming uses; to declare and
emergency; and for other purposes. Staff recommends approval.
Synopsis: This ordinance amends the article in Chapter 36, Zoning that regards nonconforming uses
and other nonconformities and declares an emergency. It eliminates some conflicting and duplicative
language; adds a notice and appeal provision when the staff determines that a proposed use can
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continue as a nonconforming use, adds requirements that the property owner is to provide proof the
nonconforming use has not been abandoned; states that a nonconforming use may not be replaced by
a different nonconforming use, even in the same zoning classification; and provides that a rezoning
of a property occupied by a nonconforming use is to be rezoned only through a planned development
process, which process addresses parking, lighting, setbacks, hours of operation, landscaping,
dumpster placement and operations, and other development criteria and allows for neighborhood
input. The amendment also eliminates the provision that allows a nonconforming structure to be
enlarged and changes the period in which a nonconforming use is considered abandoned from one
(1) -year to six (6) months. The ordinance amendment also has a retroactivity clause, making it
retroactive as to pending applications and requests concerning nonconforming use compliance.
Director Adcock made the motion, seconded by Director CazoM to add Items M -1 - M-
10 to the Consent Agenda, to read Item M -11 with Item 8 and to add Item M -12 to
Separate Items. By unanimous voice vote of the Board Members present, Item M -1 —
M -10 were added to the Consent Agenda, Item M -11 was to be read with Item 8 and
Item M -12 was added to Separate Items.
CONSENT AGENDA (Items 1— 6 and Items M -1— M10)
1. MOTION: To approve the minutes of the Little Rock Board of Directors Meeting of
February 16, 2010.
2. MOTION: To set July 20, 2010, as the date of hearing on the petition to rescind the
Little Rock Planning Commission's action in denying a Special Use Permit to allow a
Parolee Housing Facility on C -3 zoned property located at 10905 West Markham Street
in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: I aye, 8
nays; I absent; and I abstention. Staff recommends 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.
3. RESOLUTION NO. 13,150: To set July 20, 2010, as the date of hearing on the
petition to abandon the sixty (60) -foot wide Bishop Street right -of -way located between
West 17th and West 181h Streets in the City of Little Rock, Arkansas; and for other
purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staffrecommends approval.
Synopsis: The adjacent property owner is requesting to abandon the sixty (60) -foot wide Bishop
Street right -of -way located between West 17'h and West 18`h Streets.
4. RESOLUTION NO. 13,151: To set July 20, 2010, as the date of hearing on the
petition to abandon the sixty (60) -foot wide West 17th Street right -of -way immediately
east of Marshall Street, and running for one and one -half (1 -'/2) blocks, in the City of
Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes; 0 nays and 1
absent. Staffrecommends approval.
Synopsis: The adjacent property owner is requesting to abandon the sixty (60) -foot wide West 17`"
Street right -of -way located immediately east of Marshall Street, and running for 1 -%: blocks.
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Little Rock Board of Directors Meeting
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5. RESOLUTION NO. 13,152: To authorize the City Manager to enter into a contract
with JRC Construction for renovation of the Butler Park restrooms; 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 JRC
Construction to renovate the Butler Park Restrooms in an amount not to exceed $75,000.
6. RESOLUTION NO. 13.153: To authorize the use of eminent domain on the East 9ffi
Street Extension Project; and for other purposes. Staff recommends approval.
Synopsis: Authorizes the City to utilize eminent domain to complete acquisition of right -of -way,
temporary construction easements and land for the East 91s Street Extension Project.
M -1. MOTION: To approve the minutes of the Little Rock Board of Directors Meeting
of March 2, 2010, March 16, 2010, April 6, 2010, and April 20, 2010; the Little Rock
Board of Directors Reconvened Meeting of May 11, 2010; and the Little Rock Board of
Directors Special Called Meeting of June 30, 2010.
M -2. RESOLUTION NO. 13,154: To grant authority to submit bids to purchase
properties at the Arkansas State Land Commissioner's 2010 Auction, to be used for
Neighborhood Revitalization Programs; and for other purposes. (LANDBANK SPECIAL
PROJECT & NEIGHBOHROOD STABALIZATION PROGRAMII) Staff recommends approval.
Synopsis: In an effort to acquire vacant and /or blighted properties, staff has identified twenty -five
(25) parcels which are being offered through the State Land Commissioner's Auction scheduled for
July 13, 2010, due to tax delinquency.
M -3. RESOLUTION NO. 13,155: To authorize the City Manager to enter into a
contract with Watershed Conservation Resource Center to restore Coleman Creek; and
for other purposes. (2009 PARK REFUNDING BOND PROJECT) Staffrecommends approval.
Synopsis: A resolution to authorize the City Manager to enter into a contract with the Watershed
Conservation Resource Center to restore Coleman Creek.
M -4. RESOLUTION NO. 13,156: 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. 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 1805
Wolfe Street.
M -5. RESOLUTION NO. 13,157: To authorize the City Manager to execute a license
to Entergy Arkansas, Inc., to allow it to provide additional power to the Adams Field
Treatment Plan; and for other purposes. Staffrecommends approval.
Synopsis: This resolution authorizes the City Manager to execute a licenses to Entergy Arkansas,
Inc., to utilize a ten (10) -foot wide strip of property at the Adams Field Treatment Plan, for a total of
approximately 689 square feet, for Entergy Arkansas to provide additional power to the treatment
plant.
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Little Rock Board of Directors Meeting
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M -6. RESOLUTION NO. 13,158: To authorize the City Manager to enter into a
general contract with J Con, Inc., for construction of the MacArthur Park Front Lawn
Development; 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 J Con, Inc., to
construct the Front Lawn Development of MacArthur Park.
M -7. RESOLUTION NO. 13,159: To certify local government endorsement of Novus
Arkansas, LLC, located at 7920 Sloane Drive, Little Rock, Arkansas, to participate in the
Arkansas Tax Back Program (as authorized by Section 15- 4- 2706(D) of the Consolidated
Incentive Act of 2003); and for other purposes. Staffrecommends approval.
M -8. RESOLUTION NO. 13,160: To certify local government endorsement of PPG
Architectural Finishes, LLC, located at 11605 Vimy Ridge Road, Little Rock, Arkansas,
to participate in the Arkansas Tax Back Program (as authorized by Section 15- 4- 2706(D)
of the Consolidated Incentive Act of 2003); and for other purposes. Staff recommends
approval.
M -9 RESOLUTION NO. 13,161: To authorize the City Manager to enter into an
agreement with Scott Service Company, Inc., to install two (2) City- provided chillers,
one for the Little Rock Police Department and one (1) for the Little Rock Fire
Department; and for other purposes. (AMERICANRECOVERYAND REINVESTMENT ACT)
Staff recommends approval.
Synopsis: Accepted bids to install two (2) City - supplied HVAC chillers, one for the Little Rock
Police Department and one for the Little Rock Fire Department. Bid #0240R.
M -10. RESOLUTION NO. 13,162: To authorize the City Manager to enter into an
agreement with Scott Service Company, Inc., to install twenty -eight (28) HVAC
Systems, for the City Hall Annex, the Information Technology Building and the Jim
Dailey Fitness and Aquatic Center; and for other purposes. (AMERICAN RECOVERY AND
REINVESTMENTACT) Staffrecommends approval.
Synopsis: Accepted bids to install twenty -eight (28) City - supplied HVAC systems at the City Hall
Annex, the Information Technology Building and the Jim Dailey Fitness and Aquatic Center. Bid
#0245.
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
LaWanda Pendleton, 2320 South Chester Street: Stated that she lived in Ward 1 and was
concerned about the large number of weedlots in her ward.
Bruce Tate, 7100 Mabelvale Cut -Off: Stated that he owned the property at 7100
Mabelvale Cut -Off, which had been condemned by the City. Mr. Tate asked for
additional time to complete the repairs on the structure.
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John Walker, 6520 Sherry Drive: Commended the City for addressing the water and
sewage problems in the University Park District. In addition, Mr. Walker stated that he
thought that the City should assemble a Commission to study the appointment process
and the hiring practices of the Little Rock Advertising & Promotion Commission.
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.
Julie Hendrix, 334 Valmar Street: Wanted to thank the City for being a Bike Friendly
Community.
SEPARATE ITEMS (Items 7 — 8 and Items M -11— M -12)
7. ORDINANCE NO. 20,287: To condemn certain structures in the City of Little Rock
as structural, fire and health hazards; providing for summary abatement procedures;
directing the City Attorney to take such action as is necessary to raze and remove said
structures; declaring an emergency; and for other purposes. Staff recommends approval.
Synopsis: Thirteen (13) residential structures in dilapidated and /or burned condition causing a
negative environmental impact on the residential neighborhoods in which they are 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 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. By unanimous voice vote of the Board Members
present, the emergency clause was approved.
M -12. ORDINANCE NO. 20,288: To amend Chapter 36 of the Code of Ordinances to
modify certain land use regulations concerning nonconforming uses; to declare and
emergency, and for other purposes. Sraffrecommends approval.
Synopsis: This ordinance amends the article in Chapter 36, Zoning that regards nonconforming uses
and other nonconformities and declares an emergency. It eliminates some conflicting and duplicative
language; adds a notice and appeal provision when the staff determines that a proposed use can
continue as a nonconforming use, adds requirements that the property owner is to provide proof the
nonconforming use has not been abandoned; states that a nonconforming use may not be replaced by
a different nonconforming use, even in the same zoning classification; and provides that a rezoning
of a property occupied by a nonconforming use is to be rezoned only through a planned development
process, which process addresses parking, lighting, setbacks, hours of operation, landscaping,
dumpster placement and operations, and other development criteria and allows for neighborhood
input. The amendment also eliminates the provision that allows a nonconforming structure to be
enlarged and changes the period in which a nonconforming use is considered abandoned from one
(1) -year to six (6) months. The ordinance amendment also has a retroactivity clause, making it
retroactive as to pending applications and requests concerning nonconforming use compliance.
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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 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.
Tony Bozynski, Planning & Development Department Director, gave an overview
regarding the changes to the land use regulations concerning nonconforming uses. Mr.
Bozynski stated that one of the major changes was how long a piece of property could
remain abandoned and retain their nonconforming status. Mr. Bozynski stated that
currently a property could remain vacant for up to twelve (12) months before it lost the
nonconforming status; however, with the proposed changes to the ordinance, the property
could only remain vacant six (6) months. Mr. Bozynski stated that another significant
change was that a nonconforming use could not be replaced by a different nonconforming
use, even in the same zoning classification and that the rezoning of a property occupied
by a nonconforming use was to be rezoned only through a planned development process,
which would addresses parking, lighting, setbacks, hours of operation, landscaping,
dumpster placement and operations, and other development criteria and allowed for
neighborhood input.
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
approved.
8. ORDINANCE NO. 20,289: To amend Little Rock, Ark. Ordinance No. 20,204
(December 15, 2009), to adjust the Fiscal Year 2010 Budget Ordinance to reflect revenue
and expenditure adjustments for the General Fund, Street Fund, River Market Fund, and
Jim Dailey Fitness & Aquatic Center; to declare an emergency, and for other purposes.
Staffrecommends approval.
Synopsis: Ten (10) adjustments need to be made to the 2010 Budget to adjust for anticipated changes
in utility franchise fees and other know revenue and expenditure changes.
City Manager Bruce Moore stated that although the Adult Leisure Center burned on
October 13 2009, the City has not been authorized to demolish the structure that
remained due to the fact that the insurance company was still conducting tests to
determine if the slab and remaining portion of the structure were usable. City Manager
Moore stated that the facility was insured for $2,700,000, the insured value of the
contents was $164,269, bringing the total potential for recovery to $2,864,269.
According to City Manager Moore, to -date the City had received $1,489,367 and if the
insurance company determined that the slab and the remaining portion of the structure
were not usable; the additional recovery would be approximately $1,374,902.
Vice Mayor Fortson asked if there would be any effect to the replacement cost coverage
if the funds that had been allocated were temporarily utilized for an additional use and
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did the City's policy have any type of time constraints on when construction must begin
and when replacement cost funds would be expected. City Manager Moore stated that
the City had to inform the insurance company within 180 days regarding the intent to
rebuild the facility. According to City Manager Moore, the letter to the insurance
company stating the City's intent to rebuild was sent on April 9, 2010.
City Manager Moore stated that due to the uncertainty of the potential recovery dollars,
he was asking the Board to move forward with nine (9) of the budget adjustments and
pull the recommendation utilizing the Adult Leisure Center insurance funds off the list.
City Manager Moore stated that he would like to have additional time to search for
additional funds to bridge the gap in the budget short-fall and would be ready to present a
proposal to the Board the following week.
Director Wright made the motion, seconded by Director Hendrix, to amend the ordinance
by removing the allocation of the insurance funds from the Adult Leisure Center. By
unanimous voice vote of the Board Members present, the motion was passed.
Arma Hart, 10 Hughes Court: Voiced her opposition to utilizing the insurance funds
from the Adult Leisure Center to balance the City's revenue shortfall and urged the Board
to rebuild the center as quickly as possible.
Pam Powell, 1104 Arthur Drive: Voiced her opposition to utilizing the insurance funds
from the Adult Leisure Center to balance the City's revenue shortfall and asked that the
Board commit to a firm date to rebuild the center.
Lane Larrieu, 9408 Cerelle Drive: Stated that he was President of Chapter 3053 of the
AARP and that they utilized the Adult Leisure Center for their meetings. Mr. Larrieu
urged the Board to make a commitment to rebuild the center.
John Walker, 6520 Sherry Drive: Voiced his opposition to utilizing the insurance funds
from the Adult Leisure Center to balance the City's revenue shortfall and urged the City
to rebuild the center.
Col Ralph White Retired 913 South Hughes Street: Voiced his opposition to utilizing
the insurance funds from the Adult Leisure Center to balance the City's revenue shortfall
and urged the City to rebuild the center.
Rita Carpenter White 2218 Wolfe Street: Voiced her opposition to utilizing the
insurance funds from the Adult Leisure Center to balance the City's revenue shortfall and
urged the City to rebuild the center.
Director Richardson made the motion, seconded by Director Cazort, to read the ordinance
as amended. By unanimous voice vote of the Board Members present, the ordinance
was read as amended.
The ordinance as amended was read the first time. Director Adcock made the motion,
seconded by Director Richardson, to suspend the rules and place the ordinance as
amended on second reading. By unanimous voice vote of the Board Members present, the
rules were suspended and the ordinance as amended was read a second time. Director
Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the
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Little Rock Board of Directors Meeting
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ordinance as amended on third reading. By unanimous voice vote of the Board Members
present, the rules were suspended and the ordinance as amended was read a third time.
By unanimous voice vote of the Board Members present, the ordinance was approved
as amended. By unanimous voice vote of the Board Members present, the emergency
clause was approved.
M -11. RESOLUTION NO. 13,163: To affirm the commitment of the City of little
Rock, Arkansas to build a new facility on the location of the former Adult Leisure
Center; and for other purposes. Staff recommends approval.
Director Adcock stated that the wording in the Resolution was not very strong and that
she would like for stronger wording to be added to the Resolution that would emphasis
the City's commitment to rebuilding the Adult Leisure Center.
City Attorney Tom Carpenter read the following change to Section 1 of the Resolution:
The City Manager is directed to create a special projects fund from insurance
proceeds for the construction of a replacement facility at the site of the former
Adult Leisure Center, and to identify such monies to be included within this fund
as are necessary to assure payment for the design and construction of the new
facility.
Director Adcock made the motion, seconded by Director Wright, to add the amended
language to the resolution. By unanimous voice vote of the Board Members present, the
amended language was added to the resolution.
Director Adcock made the motion, seconded by Director Wright, to approve the
Resolution as amended. By roll call vote of the Board Members present, the vote was as
follows: Yes: Hendrix; Richardson; Hurst; Cazort; Wright; Wyrick; Kumpuris; Adcock;
and Vice Mayor Fortson. Absent: Keck. By a vote of 9 ayes; 0 nays; and 1 absent, the
resolution was approved as amended.
Director Cazort made the motion, seconded by Vice Mayor Fortson, to recess the meeting
until July 13, 2010. By unanimous voice vote of the Board Members present, the
meeting was recessed until July 13, 2010.
TTEST: APPROVED:
s
isanj,4nNey, City Clerk Mark Stodola, Mayor
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