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HomeMy WebLinkAbout10-19-10Little Rock Board of Directors Meeting October 19, 2010 6:00 PM Little Rock Board of Directors Meeting October 19, 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. Assistant City Clerk Toya Robinson called the roll with the following Directors present: Hendrix; Richardson; Hurst; Cazort; Keck (enrolled at 6:20 PM); Wright; Wyrick; Kumpuris; Adcock; Vice Mayor Fortson and Mayor Stodola. Director Adcock delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS Government Finance Officers Association Distinguished Budget Presentation Award City Beautiful Landscaping Awards MODIFICATIONS M -1 UPDATE: Little Rock National Airport Construction Management Contract — Bob East, Chairman M -2 RESOLUTION NO. 13,224: To authorize an increase to the contract amount to Gene Summers Construction, Inc. for CDBG -R Project, Brown Street, 22'd —23 d Street and City sidewalk repair program; and for other purposes. staff recommends approval. Synopsis: Authorizes the City Manager to increase the project contingency funds and approve construction contract change orders with Gene Summers Construction, Inc., for the Brown Street (22nd to 23rd Street) Project. Director Adcock made the motion, seconded by Director Wright, to add Item M -1 after the Public Hearing and to add Item M -2 to the Consent Agenda. By unanimous voice vote of the Board Members present, Item M -1 was added after the Public Hearing and Item M -2 was added to the Consent Agenda. CONSENT AGENDA (Items 1 -13 and Item M -2) 1. MOTION: To approve the minutes of the Little Rock Board of Directors Meeting of September 7, 2010, September 21, 2010, and October 5, 2010. 1 Little Rock Board of Directors Meeting October 19, 2010 6:00 PM 2. RESOLUTION NO. 13,212: To authorize the City Manager to execute a three (3)- year agreement with Windstream Communications for PRI and T -1 Voice Trunk Services for designated City facilities; and for other purposes. Staffrecommends approval. Synopsis: The proposed resolution authorizes the City Manager to execute a three (3) -year contract with Windstream Communications for PRI and T -1 Voice Trunk Services for designated City facilities. 3. RESOLUTION NO. 13,213; G -23 -422: To set November 1, 2010, as the date of hearing on the petition to abandon the Williams Street Right -of -Way located adjacent to Lots 28 and 29 Rinke Garden Acres; and for other purposes. Planning Commission: 7 ayes; 0 nays; 3 absent; and 1 open. Staffrecommends approval. Synopsis: The adjacent property owner is requesting to abandon Williams Street located adjacent to Lots 28 and 29 Rinke Garden Acres, located on the west side of Hilaro Springs Road near the 9300 block. 4. RESOLUTION NO. 13,214; G -24 -030: To set November 1, 2010, as the date of hearing on the petition to abandon a ten (10) -foot wide utility easement located in Parham View Addition; and for other purposes. Planning Commission: 7 ayes; 0 nays; 3 absent; and 1 open. Staff recommends approval. Synopsis: The owners of the property located at 516 South Rodney Parham Road are requesting the abandonment of a ten (10) -foot wide utility easement located in the Parham View Addition. 5. RESOLUTION NO. 13,215: To authorize the City Manager to enter into a contract with Southwest Fence Company to construct a fence around property acquired for recreational purposes from Central Arkansas Water; 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 Southwest Fence Company in the amount of $130,000 for the construction of a fence around the recently acquired property from Central Arkansas Water. 6. RESOLUTION NO. 13,216: To authorize the City Manager to apply for a Trails for Life Grant from the Arkansas Department of Parks and Tourism in the amount of $70,000 to improve access in and around the Southwest Community Center Park; and for other purposes. Staffrecommends approval. Synopsis: A resolution to authorize the City Manager to apply for the Trails for Life Grant in the amount of $70,000. 7. RESOLUTION NO. 13,217: To authorize the City Manager to enter into a contract with Unisource to purchase paper products for various City Department, through the State Cooperative Purchasing Program; and for other purposes. Staffrecommends approval. Synopsis: The City will participate in the State of Arkansas's Cooperative Purchasing Program to obtain paper for the Print Shop and related supplies from Unisource. Recycled products are available. 8. RESOLUTION NO. 13,218: To make appointment to the Little Rock Arts and Culture Commission; and for other purpose. Staffrecommends approval. Synopsis: Appointment of Terri Garner to serve an unexpired term, replacing Nan Plummer, said term expiring on April 2, 2012. 2 Little Rock Board of Directors Meeting October 19, 2010 6:00 PM 9. RESOLUTION NO. 13,219: To certify local government endorsement of Oleen Pinnacle Healthcare Consulting, located at 10800 Financial Centre Parkway, 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. 10. RESOLUTION NO. 13,220: To authorize the offering of up to $6,700,000 of City of little Rock, Arkansas, Waste Disposal Refunding Revenue Bonds, Taxable Series 2010; and for other purposes. Staff recommends approval. Synopsis: Authorizes the offering of the bonds for sale by the Underwriter. Bond Counsel is also authorized to prepare the ordinance after the bonds have been offered. The current bonds will be refunded. 11. RESOLUTION NO. 13,221: To set November 9, 2010, as the date of a public hearing for an ordinance to establish the Foreman Lake Improvement District No. 711 -09 and to appoint Commissioners therefore; and for other purposes. Staff recommends approval. Synopsis: An ordinance to create Foreman Lake Improvement District 4711 -09 and appoint Commissioners therefore. 12. RESOLUTION NO. 13,222: To extend the existing interlocal agreement between the City of Little Rock, Arkansas, and Pulaski County, Arkansas, granting the Little Rock Ambulance Authority (LRAA), d/b /a Metropolitan Emergency Medical Services (MEMS), an exclusive franchise to provide ambulance services to Pulaski County, Arkansas; and for other purposes. Staff recommends approval. Synopsis: The current term of the interlocal agreement with Pulaski County for ambulance services expires November 5, 2010. This resolution authorizes the Mayor to enter into another five (5) -year extension of the interlocal agreement with the County for MEMS' ambulance service. 13. RESOLUTION NO. 13,223: To authorize the purchase of property offered for sale to the City of Little Rock, to be used for Neighborhood Revitalization Programs; and for other purposes. Staff recommends approval. Synopsis: In an effort to acquire vacant and /or blighted properties, staff has identified a parcel of property in the Land Bank Focus Area which is being offered for sale. M -1. RESOLUTION NO. 13,224: To authorize an increase to the contract amount to Gene Summers Construction, Inc., for CDBG -R Project, Brown Street, 22nd — 23rd Street and City sidewalk repair program; and for other purposes. Staffrecommends approval. Synopsis: Authorizes the City Manager to increase the project contingency funds and approve construction contract change orders with Gene Summers Construction, Inc. for the Brown Street (22 "d to 23`d) Project. Director Adcock made the motion, seconded by Director Wright, to approve the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was approved. 3 Little Rock Board of Directors Meeting October 19, 2010 6:00 PM GROUPED ITEMS (Items 14 — 22) 14. ORDINANCE NO. 20,339; Z- 7008 -C: To approve a Planned Zoning Development and establish a Planned Commercial District titled Kanis Office Park Revised Short-Form POD, located at 18425 Kanis Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas' and for other purposes. Planning Commission: 7 ayes; 0 nays; 3 absent; and I open position. Staff recommends approval. Synopsis: The request is a revision to the previously approved POD to allow Lot 3 to increase the allowable square footage and allow the lot to develop with a two (2) -story office building containing 6,500 square feet. 15. ORDINANCE NO. 20,340; Z -8559: To approve a Planned Zoning Development and establish a Planned Residential District titled Chenal South Long -Form PD -R, located on the southwest corner of Denny Road and Gordon Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes; 0 nays; 3 absent; and 1 open position. Staff recommends approval. Synopsis: The request is a rezoning from R -2, Single - Family, to PD -R to allow the development of 16.32 acres with sixty -seven (67) single - family residential lots. 16. ORDINANCE NO. 20,341; Z- 8559 -A: To approve a Planned Zoning Development and establish a Planned Residential District titled Chenal South Blocks 3 through 7 Long - Form PD -R, located on the southwest corner of Denny Road and Gordon Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes; 0 nays; 3 absent; and I open position. Staff recommends approval. Synopsis: The request is a rezoning of 43.41 acres from R -2 to PD -R to allow for the development of 184 single - family residential lots. 17. ORDINANCE NO. 20,342; Z -8586: To approve a Planned Zoning Development and establish a Planned Commercial District titled Evans Short-Form PCD, located at 19012 Colonel Glenn Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes; 0 nays; 3 absent; and 1 open position. Staff recommends approval. Synopsis: The applicant is requesting a rezoning of the site from its present R -2 to PCD to allow the use of the property for C -3, General Commercial District, uses. 18. ORDINANCE NO. 20,343; Z -8587: To approve a Planned Zoning Development and establish a Planned Commercial District titled AAA Lock and Key Service Short- Form PCD located at 5621 Young Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes; 0 nays; 3 absent; and 1 open position. Staff recommends approval. Synopsis: The request is a rezoning of the site from R -2, Single - Family, to PCD to allow a safe and vault company to locate on the site. 19. ORDINANCE NO. 20,344; Z -8588: To approve a Planned Zoning Development and establish a Planned Commercial District titled Hilaro Springs Properties Short-Form PCD, located at 920 #1 and #2 Hilaro Springs Road, Little Rock, Arkansas, amending the M Little Rock Board of Directors Meeting October 19, 2010 6:00 PM Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes; 0 nays; 3 absent; and I open position. Staff recommends approval. Synopsis: The request is a rezoning of the two (2) northern buildings on the site located at 9200 Hilaro Springs Road from R -2, Single- Family, to PCD to allow a limited list of commercial uses to occupy these two (2) buildings. 20. ORDINANCE NO. 20,345: To amend Chapter 8 of the Little Rock Code of Ordinances, providing for the adoption by reference of the 2010 Arkansas Mechanical Code with Arkansas Amendments and 2010 Revisions; and for other purposes. Staff recommends approval. Synopsis: Adoption of this code would protect the public health, safety and welfare and would bring the City up -to -date with current codes. Currently, the City is enforcement the 2003 Arkansas Mechanical Code. 21. ORDINANCE NO. 20,346: To establish the rate of taxation of property for the City of Little Rock for the year 2011 for various funds of the City of Little Rock, Arkansas; to declare an emergency; and for other purposes. Staffrecommends approval. Synopsis: Adoption of an ordinance levying property taxes to be paid on real and personal property located within the City of Little Rock. 22. ORDINANCE NO. 20,347: To amend Chapter 17 of the Code of Ordinances to change the terminology regarding mobile home parks; to declare an emergency; and for other purposes. Staffrecommends approval. Synopsis: This ordinance amends Chapter 17, Licenses, by changing the term "mobile home" so that it is consistent with other Code changes that have been passed by the Board regarding mobile homes and manufactured homes. The ordinances were read the first time. Director Adcock made the motion, seconded by Director Keck, 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. By unanimous voice vote of the Board Members present, the emergency clause for Item 21 was approved. By unanimous voice vote of the Board Members present, the emergency clause for Item 22 was approved. SEPARATE ITEM (Item 23) 23. ORDINANCE NO. 20,349; Z- 5442 -E: To approve a Planned Zoning Development and establish a Planned Commercial District titled Mitchell Elementary School Revised Short-Form PCD, located on the southwest corner of 24th and Battery Streets, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; 5 Little Rock Board of Directors Meeting October 19, 2010 6:00 PM and for other purposes. Planning Commission: 7 ayes; 0 nays; 3 absent; and I open position. Staff recommends approval. Synopsis: The request is to revise the previously approved PCD to add elderly housing as an allowable use for the site. The ordinance was read the first time. Director Keck 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 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. Dr. George Blevens: Gave an overview of the project and stated that the mission of the project was to provide comfortable, safe and secure housing for relatively healthy and physically -able low- income senior citizens who desired to live independently, yet lacked the financial ability to either remain in their present housing situations, or wanted to rent or purchase decent housing in their communities. Kwendechie: Stated that he was the architect of the project and gave a brief overview of the layout of the property. Carrie Ballinger Porter, 2322 Battery Street: Stated that she lived directly across the street from Mitchell School and she felt that the project was entirely too large for the proposed space. Ms. Porter urged the Board to vote against the ordinance. Jennifer Ho, 2118 Battery Street: Did not wish to address the Board; however, she wanted to register her objection to the project. Claricin Wilson, 2016 South Battery Street: Stated that she was opposed to the rezoning of the property. Leta Anthony, 4702 Westwood Avenue: Stated that she did not live in the neighborhood; however, as a senior citizen, she supported the project. Jessie Pounds, 1909 Highway 161, North Little Rock: Stated that she supported the development of Mitchell School and asked that the Board support the rezoning request. Robert L. Whitfield, 3023 South Battery Street: Stated that he supported the project and urged the Board to vote for the rezoning. James Floyd, 1710 West 19th Street: Asked the Board to support the rezoning of the property. Bettye Wiqdar, 1903 Marshall Street: Stated that she was in support of the project and asked the Board to vote for the rezoning. Robert Jones, 1123 South Park Street: Stated the he was in support of the project and urged the Board to vote for the ordinance. Nattaisha Edwards, 2314 South Battery Street: Stated that she was concerned that there was no iron -clad agreement that stated that the property would only be used for senior citizen housing. Bill Hall, 2318 Wolfe Street: Stated that he was opposed to the rezoning of the property and that the Memorandum of Understanding (MOU) between the Wright Avenue Neighborhood Association and the Mitchell School, LLC, was put into place to ensure Nei Little Rock Board of Directors Meeting October 19, 2010 6:00 PM on -going collaboration between the two (2) entities. Mr. Hall stated that the MOU had not been followed and he urged the Board to not support the rezoning. Tim Scott: Stated that he represented Champion Construction Management and that they had been contacted to provide construction management for the project. Mr. Scott stated that the project was a great project and urged the Board to support the rezoning. Joyce Raynor, 2416 South Chester Street: Stated that she applauded Dr. Blevens for his desire to develop a housing development that would serve the senior citizens. Director Wright asked if the would be assurance to the neighborhood that the individuals living in the facility would actually be senior citizens and not thirty (30) -year olds. Dr. Blevens stated that his intention was to be as stringent as possible under the law in restricting the age. Dr. Blevens stated that there would be an on -site Manager, as well as twenty -four (24) -hour security. Director Wyrick asked what the minimum age would be for individuals that lived in the complex. Dr. Blevens stated that the minimum age for occupancy would be fifty -five (55) years of age; however, they planned to market to individuals sixty -two (62) years of age and older. Director Kumpuris asked if Planning & Development Staff was comfortable with the density of the project as far as the number of occupants on the site. Planning & Development Department Director Tony Bozynski stated that the site itself was approximately 2%2 acres, and with fifty -six (56) units, it worked out to approximately twenty -two (22) units per acre. Mr. Bozynski stated that the street network around the property was sufficient and it was staff's opinion that it was workable density for the location. Director Kumpuris asked what staff s input would be with the construction of the new building to ensure that the style was complementary to the neighborhood and the old building. Mr. Bozynski stated that the ordinance indicated that the owner would have to submit plans for review to the State Historic Preservation Program prior to construction or renovation of the project. Mr. Bozynski stated that when construction drawings were submitted to obtain a building permit, staff would receive documentation from the State indicating that the plans were submitted for review. Director Kumpuris stated that he would like to have some assurance that the building was approved and had a historically significant character. Director Kumpuris stated that he would like to modify the ordinance as follows: The applicant must submit plans for review and approval by State Historic Preservation. Director Kumpuris made the motion, seconded by Director Richardson, to make the modification to the ordinance. By unanimous voice vote of the Board Members present, the ordinance was modified. 7 Little Rock Board of Directors Meeting October 19, 2010 6:00 PM City Attorney Tom Carpenter stated that the Board had just placed a more restrictive requirement on the application and if the applicant did not want that more restrictive requirement, then the City's ability to impose the restriction would be at risk. Dr. Blevens stated that he did not have a problem with the more restrictive requirement. Director Kumpuris made the motion, seconded by Director Richardson, to call the question for the vote. By unanimous voice vote of the Board Members present, the question for the vote was called. By unanimous voice vote of the Board Members present, the ordinance was approved Director Richardson made the motion, seconded by Director Adcock, for the Board to take a fifteen (15)- minute recess. By unanimous voice vote of the Board Members present, the Board recessed for fifteen (15) minutes. PUBLIC HEARING (Item 24) 24. ORDINANCE NO. 20,348; G -23 -421: To abandon the twenty -five (25) -foot wide "O" Street/Davis Avenue Right -of -Way adjacent to 1600 North Fillmore Street, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 0 nays; 1 absent; and 1 open position. Staff recommends approval. Synopsis: The adjacent property owner is requesting to abandon the twenty -five (25) -foot wide "O" Street/Davis Avenue Right -of -Way adjacent to 1600 North Fillmore Street. The ordinance was read the first time. Director Cazort made the motion, seconded by Director Keck, 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 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 were individuals present that wished to speak for or against the item. There being none present, Mayor Stodola closed the public hearing. By unanimous voice vote of the Board Members present, the ordinance was approved. M -1 UPDATE: Little Rock National Airport Construction Management Contract — Bob East, Chairman Commissioner East stated that the pending Management Contract was approximately $53.5 million, of which $10 million was currently being spent with Arkansas contractors E? Little Rock Board of Directors Meeting October 19, 2010 6:00 PM on energy upgrades. Mr. East stated that approximately $14.5 million was for the baggage system installation and fees, $1 million for screens in the airport concourse and $22.9 million for the actual construction management contract. Commissioner East stated that the construction management was advertised under the State law for professional services. The Commission asked for a construction manager at risk, which was the way that the University of Arkansas System and the State of Arkansas handled projects over $5 million. Commissioner East stated that the process was narrowed down to four (4) companies to interview and ultimately Parsons Transportation Group was selected. Commissioner East stated that the entire Airport Commission listened to the proposals and ranked the firms and the final vote was 6 -0 in favor of Parsons Transportation Group. Commissioner East stated that Parsons had a tremendous commitment to the community, as well as the minority construction community. Director Hendrix made the motion, seconded by Director Kumpuris, to conclude the discussion and proceed with the meeting. By voice vote of the Board Members present, the motion failed. City Attorney Carpenter gave an overview of a memorandum that he had written regarding questions raised concerning the selection process and City Board or Commission appointees conducting business with the City. Mayor Stodola stated that he had visited with City Attorney Carpenter regarding the drafting of an ordinance that would address the issue Board or Commission appointees conducting business with the City. Mayor Stodola indicated that he would rather deal with the issue sooner that later and asked for a motion to recess the meeting until October 26, 2010, to give City Attorney Carpenter time to craft such an ordinance. Director Hendrix made the motion, seconded by Vice Mayor Fortson, to recess the meeting until October 26, 2010. By unanimous voice vote of the Board Members present, recessing the meeting until October 26, 2010, was approved. CITIZEN'S COMMUNICATION Raymond Tucker, 3024 Marshall Street: Stated that he was the Chair of the Southend Community Organization and a member of the Ward 1 We Care for Progress. Mr. Tucker stated that he had concerns regarding the CDBG Funds and asked the Board to reconsider several of the projects that were funded, so that more funds could be allocated to the Southend of Ward 1 for sidewalks. Luke Skrable, 9602 Woodford Drive: Spoke about how individuals running for public office needed to be hones and have good moral character. I Little Rock Board of Directors Meeting October 19, 2010 6:00 PM Director Richardson made the motion, seconded !by Director Keck, to recess the meeting until October 26, 2010. By unanimous voice vote of the Board Members present, the meeting was recessed until October 26, 2010. ATTEST: Toya inson, Assist (n) City Clerk 10 ZL: Mark Stodola, Mayor