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HomeMy WebLinkAbout06-01-10Little Rock Board of Directors Meeting June 1, 2010 6:00 PM Little Rock Board of Directors Meeting June 1, 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; and Mayor Stodola. Vice Mayor Fortson was absent. Director Adcock delivered the invocation, which was followed by the Pledge of Allegiance. Mayor Stodola recognized Boy Scout Troop 59 that was in attendance working on their Citizenship Merit Badges. WITHDRAWAL: 13. ORDINANCE; Z- 7113 -A: To approve a Planned Zoning Development and establish a Planned Residential District titled Covenant Cove Revised PD -R, located on Covenant Lane and Courtney Cove, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 6 ayes; 4 nays and I absent. Staff recommends approval. (Deferred from May 4, 2010) Director Adcock made the motion, seconded by Director Richardson, to withdraw Item 13 from the agenda. By unanimous voice vote of the Board Members present, Item 13 was withdrawn from the agenda. CONSENT AGENDA (Items 1— 5) 1. RESOLUTION NO. 13,141 : To extend the current contract with Ramsey, Krug, Farrell and Lensing to provide third -party administrative services for the City of Little Rock's Self- Funded Workers' Compensation Program; and for other purposes. Staff recommends approval. Synopsis: In April 2010, a Request for Proposal for these services was issued and the incumbent provider submitted the low cost bid. 2. RESOLUTION NO. 13,142: To authorize the City Manager to award a contract to Hellas Construction, Inc., for resurfacing sixteen tennis courts at Rebsamen Tennis Center; and for other purposes. Staff recommends approval. Synopsis: A resolution to authorize the City Manager to award contract in the amount of $76,890 to Hellas Construction, Inc., to resurface sixteen (16) tennis courts at Rebsamen Tennis Center. 1 Little Rock Board of Directors Meeting June 1, 2010 6:00 PM 3. RESOLUTION NO. 13,143: To authorize the City Manager to award a contract to Redstone Construction, Inc., for court repaving at Rebsamen Tennis Center; and for other purposes. Staff recommends approval. Synopsis: A resolution to authorize the City Manager to award a contract in the amount of $95,937.28 to Redstone Construction Group, Inc., for tennis court repaving at Rebsamen Tennis Center. 4. RESOLUTION NO. 13,144: To authorize the City Manager to enter into contracts with six organizations to provide Youth Summer Recreation Programs in Little Rock neighborhoods; and for other purposes. Staffrecommends approval. Synopsis: Enter into contracts with six (6) community -based and faith -based organizations to provide Summer Recreation Programs to Little Rock youth ages six (6) — fifteen (15). 5. RESOLUTION NO. 13,145: Appointment to the Little Rock Advertising & Promotion Commission. Staff recommends approval. Synopsis: Re- Appointment of Capi Peck to her second four (4) -year term. 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: Said thank you to the City for the support given to the recent NUSA Conference. Mollie Irvin, 507 Deerbrook Road: Thanked the Public Works Department for everything they did in preparing for the NUSA Conference. Luke Skrable, 9602 Woodford: Stated that when fines are not collected, the pension fund for the police department does not get funded the way that it is supposed to. Raymond Tucker, 3024 Marshall Street: Requested sidewalks in his neighborhood on Marshall Street. Darlene Lewis. 2907 Marshall Street: Stated that she was working with a program that assisted in locating employment for individuals with felony backgrounds, and they were looking for funding. Jakita Murphy, 1809 Martin Street: Stated that her property had been condemned; however, she was in the process of remodeling the property and needed additional time to bring the property up to code. Ms. Murphy stated that the property was left to her, her sister and an uncle by her father; however, they had both signed the property over to her. Ms. Murphy stated that she had an estimate from a licensed contractor that stated it would cost approximately $5,500 to replace the roof and bring the property up to code. Director Richardson asked if the estimate was just for replacement of the roof, or the whole property. Ms. Murphy stated that the estimate was to bring the entire property into compliance. Director Richardson stated that he did not think that all the needed repairs could be completed for the estimated $5,500. Director Keck asked if Ms. Murphy could 2 Little Rock Board of Directors Meeting June 1, 2010 6:00 PM meet with staff to obtain a comprehensive list of everything within the structure that needed to be repaired. City Manager Bruce Moore stated that Code Enforcement Staff would meet with Ms. Murphy. Mayor Stodola stated that he would like to go ahead and address the Public Hearing that was listed on the agenda. PUBLIC HEARING (Item 17) 17. ORDINANCE NO. 20,280: To authorize the issuance of Industrial Development Revenue Bonds under the Municipalities and Counties Industrial Development Revenue Bond Law for the purpose of securing and developing industry; to authorize the sale of the bonds and the approval of a bond purchase agreement and a payment in lieu of taxes agreement in connection therewith; to authorize the execution and delivery of a first supplemental trust indenture securing the bonds; to authorize and prescribe certain matters pertaining to the industrial project, the acquisition, construction and equipping thereof, and the financing thereof, to authorize the execution and delivery of a fourth amendment to the lease agreement relating to the project; to prescribe other matters relation thereto; to declare an emergency; and for other purposes. Staff recommends approval. 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. Director Cazort made the motion, seconded by Director Richardson, to add Item 17 to the list of Grouped Items. By unanimous voice vote of the Board Members present, Item 17 was added to the Grouped Items. GROUPED ITEMS (Items 6 —12; and Item 17) 6. ORDINANCE NO. 20,271; LU10- 22 -01: To amend the Land Use Plan (16,222) in the West Fourche Planning District from Residential Low Density to Commercial; and for Other purposes. Planning Commission: 11 ayes; 0 nays and 0 absent. Staff recommends approval. Synopsis: A Land Use Plan amendment in the West Fourche Planning District from Residential Low Density to Commercial for future development. 7. ORDINANCE NO. 20,274; Z- 8519 -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: 11 ayes; 0 nays and 0 absent. Staff recommends approval. Synopsis: The owner of the approximate 1.5 -acre property located at 9501 Mabelvale Pike is requesting that the zoning be reclassified from R -2 and C -3 to C -3. 3 Little Rock Board of Directors Meeting June 1, 2010 6:00 PM 8. ORDINANCE NO. 20,275; Z- 5099 -E: 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: 11 ayes; 0 nays and 0 absent. Staff recommends approval. Synopsis: The owners of the 0.345 -acre property located near the northwest corner of The Divide Parkway and Divide Court is requesting that the zoning be reclassified from R -2 to MF -18. 9. ORDINANCE NO. 20,276; Z -8530: To reclassify property located within the zoning jurisdiction of the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes; 0 nays and 0 absent. Staff recommends approval. Synopsis: The owner of the 2.18 -acre property located at the northwest corner of Lawson Road and Marsh Road is requesting that the zoning be reclassified from R -2 to C -3. 10. ORDINANCE NO. 20,277; Z -8536: 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: 11 ayes; 0 nays and 0 absent. Staff recommends approval. Synopsis: The owner of the one (1) -acre property located on the south side of Interstate 30, approximately 1,000 feet east of Alexander Road, is requesting that the zoning be reclassified from R -2 to C -3. 11. ORDINANCE NO. 20,278: To amend Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a deferral of Master Street Plan Construction Requirements for Kanis Road; and for other purposes. Planning Commission: 11 ayes; 0 nays and 0 absent. Staff recommends approval. Synopsis: Authorizes a deferral of construction of approximately 280 feet of one -half street improvements along the south side of Kanis Road as required under the Master Street Plan for five (5) years, until Phase 2, or until adjacent property is developed whichever occurs first for the property located at 18425 Kanis Road. 12. ORDINANCE NO. 20,279: To amend Chapter 4 of the Little Rock, Ark. Rev. Code (1988) to increase the permit fees for the sale and distribution of alcoholic beverages; and for other purposes. Staffrecommends approval. Synopsis: The ordinance amends Chapter 4 of the Little Rock Code to increase certain alcohol - related permit fees as provided in Arkansas Act 294 of 2009, to require new fees for temporary permits as allowed pursuant to Act 294, and to adjust certain fees to ensure compliance with current State Legislation. 17. ORDINANCE NO. 20,280: To authorize the issuance of Industrial Development Revenue Bonds under the Municipalities and Counties Industrial Development Revenue Bond Law for the purpose of securing and developing industry; to authorize the sale of the bonds and the approval of a bond purchase agreement and a payment in lieu of taxes agreement in connection therewith; to authorize the execution and delivery of a first supplemental trust indenture securing the bonds; to authorize and prescribe certain matters pertaining to the industrial project, the acquisition, construction and equipping thereof, and the financing thereof, to authorize the execution and delivery of a fourth amendment to the lease agreement relating to the project; to prescribe other matters 2 Little Rock Board of Directors Meeting June 1, 2010 6:00 PM relation thereto; to declare an emergency; and for other purposes. Staff recommends approval. The ordinances were read the first time. Director Adcock made the motion, seconded by Director Cazort, 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 voice vote of the Board Members present, with Director Wyrick voting in opposition of Item 7, the rules were suspended and the ordinances were read a third time. By voice vote of the Board Members present, with Director Wyrick voting in opposition for Item 7, the ordinances were approved. By unanimous voice vote of the Board Members present, the emergency clause for Item 17 was approved. SEPARATE ITEMS (Items 14 —16) 14. ORDINANCE NO. 20,282: To amend Little Rock, Ark., Rev. Code § 36 -3 (1988) to include within the definition of "Parolee or Probationer Housing Facility," a reference to the means of parole for all persons regardless of the paroling agency; to declare an emergency; and for other purposes. Staff recommends approval. (1" Reading on May 18, 2010) Synopsis: To more carefully define the term Parolee or Probationer Housing Facility in the City zoning ordinances to assure that it includes all such facilities regardless of the entity that actually grants an individual parole. The ordinance was read the second time. Director Adcock made the motion, seconded by Director Kumpuris, 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. Randy Frazier, 124 West Capitol Avenue: Stated that he represented Under Grace Ministries and that they had an application pending before the Planning Commission on June 3, 2010. Mr. Frazier stated that presently, the application was not categorized as a parolee or probationer housing facility; however, if the ordinance was passed it would be retroactive and would change the categorization of the project. Director Cazort asked if the individuals that would be living in the proposed facility would have completed their commitment with the Department of Community Corrections. Mr. Frazier stated that they would be considered parolees. Mr. Frazier stated that he felt that the process for the development of the ordinance was not fair. Mr. Frazier stated that Under Grace Ministries had been upfront with the City regarding the application; however, he felt that the development of this ordinance, along with the emergency clause attached to it, was a direct result of their pending application before the Planning Commission. W Little Rock Board of Directors Meeting June 1, 2010 6:00 PM Director Wright stated that she was very supportive of the ordinance; however, she did not think that an emergency clause needed to be attached. Director Wyrick stated that she was in support of the ordinance due to the fact that if the neighborhoods deserved notification of these types of facilities, regardless if the parolees are from the Department of Community Corrections or the Department of Corrections. City Manager Moore stated that Planning and Development Staff received a letter on April 12, 2010, from Under Grace Ministries explaining their expectation of the property. City Manager Moore stated that Mr. Bozynski informed him of the request on April 14, 2010, and that Under Grace Ministries needed to close on the property on April 16, 2010. City Manager Moore stated that once he received an explanation of the project, he quickly decided that there needed to be some type of public process. City Manager Moore stated that in the absence of City Attorney Tom Carpenter and Chief Deputy City Attorney Bill Mann he met with Deputy City Attorney Cindy Dawson, who concurred that not enough information had been received to determine if the pending application would fall within the current zoning guidelines. City Manager Moore stated that he and City Attorney Carpenter met with representatives from Under Grace Ministries the following week and that he asked Mike Robinson if the sixty (60) individuals that would be assigned to the facility would be paroled out of the Department of Community Corrections, and he replied yes. City Manager Moore stated that due to that fact, he determined that there needed to be some type of public process. Stephen Hester, 111 Center Street: Stated that he represented Shotgun Dan's, Inc., that he was supporting of the ordinance. Mr. Hester stated that Shotgun Dan's was a family restaurant and it would be the most affected by the development as it is located next door to the facility. Mr. Hester stated if the pending application was approved it would pose a threat to the surrounding neighborhoods, as well as the commercial properties located nearby. Director Adcock made the motion, seconded by Director Wright, to call the question for the vote. By voice vote of the Board Members present, with Director Cazort voting in opposition, the question was called. By roll call vote of the Board Members present, the votes for Item 14 were as follows: Ayes: Hendrix; Hurst; Keck; Wright; Wyrick; Kumpuris; and Adcock. Nays: Richardson. Present: Cazort. Absent: Vice Mayor Fortson. By a vote of 7 ayes; 1 nay; 1 present; and 1 absent, the ordinance was approved. By roll call vote of the Board Members present, the votes for the emergency clause were as follows: Ayes: Hurst; Wyrick; Kumpuris; and Adcock. Nays: Hendrix; Richardson; Cazort; Keck and Wright. Absent: Vice Mayor Fortson. By a vote of 4 ayes; 5 nays; and 1 absent, the emergency clause failed. 31 Little Rock Board of Directors Meeting June 1, 2010 6:00 PM 15. ORDINANCE; Z -8532: 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: 8 ayes; 3 nays and 0 absent. Staff recommends denial. Synopsis: The owner of the 0.52 -acre property located at 4317 Baseline 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 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 failed. 16. ORDINANCE: To Amend Chapter 17, Article V, of the Code of Ordinances of the City of Little Rock, Arkansas, to provide for the enforcement of a No -Knock Ordinance; to grant enforcement significance when appropriate signage is in place to prohibit solicitation on private property; to create a registry of residential addresses within the City where commercial solicitation is unwelcome and to provide for enforcement of the registry; to create procedures for licensing commercial solicitors; and for other purposes. Staff recommends 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 unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a second time. Director Cazort stated that he did not have a problem with the ordinance; however, he didn't think that it was very enforceable. Director Richardson stated that he agreed with Director Cazort and that he would like to receive additional information before voting on the ordinance. The ordinance was held on second reading. Director Richardson made the motion, seconded by Director Cazort, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. 7 a APPROVTD: 1 l . /4 Mark Stodola, Mayor