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HomeMy WebLinkAbout09-07-10Little Rock Board of Directors Meeting September 7, 2010 6:00 PM Little Rock Board of Directors Meeting September 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 Wyrick delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATION Recovery Month Proclamation MODIFICATIONS M -1 RESOLUTION NO. 13,193: To authorize the City Manager to enter into an annual contract with Millsaps Stone Company for the purchase and delivery of natural stone for park improvements for the Parks Department; and for other purposes. (2009 PARK REFUNDING BOND PROJECT) Staff recommends approval. Synopsis: A resolution to authorize the City Manager to prepare an annual contract with Millsaps Stone Company, not to exceed $150,000, for purchase and delivery of natural stone for park improvements. M -2 RESOLUTION NO. 13,194: To authorize the City Manager to enter into a contract with Burkhalter Company for improvements to Conner Park; 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 Burkhalter Company for improvements to Conner Park in an amount not to exceed $85,000. M -3 RESOLUTION NO. 13,195: To authorize the use of eminent domain on the Interstate 430 /Interstate 630 interchange modification; and for other purposes. staff recommends approval. Synopsis: A resolution to authorize the City to acquire some right -of -way, permanent easements and construction easements for a project that will modify the Interstate 430/Interstae 630 interchange. M -4 RESOLUTION NO. 13,196: To award a contract to Mobley Contractors, Inc., for renovation of the Clinton Presidential Park Bridge; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to enter into a contract with Mobley Contractors, Inc., of Morrilton, Arkansas, to renovate the Clinton Presidential Park Bridge. Director Keck asked that Item M -3 be read separately. Little Rock Board of Directors Meeting September 7, 2010 6:00 PM Director Wyrick asked if Conner Park, Item M -2, was one of the original parks that funds were to be spent on, or were the funds coming from the $500,000 allotted for neighborhood parks. Truman Tolefree stated that the funds would be taken from the amount allotted for neighborhood parks. Director Wright asked what work would be completed for $85,000. Mr. Tolefree stated that adequate vehicle access and parking would be constructed and identification signage would be installed. Director Adcock made the motion, seconded by Director Cazort, to add Items M -1, M -2 and M -4 to the Consent Agenda and to read Item M -3 separately. By voice vote of the Board Members present, with Directors Hendrix and Wright voting in opposition, Items M -1, M -2 and M -4 were added to the Consent Agenda and Item M -3 was to be read separately. CONSENT AGENDA (Items 1— 8 & Items M -1, M -2 and M -4) 1. MOTION: To approve the minutes of the Little Rock Board of Directors Meetings of May 4, 2010, and August 17, 2010. 2. RESOLUTION NO. 13,186; G -24 -029: To set September 21, 2010, as the date of hearing on the petition to abandon a four (4) -foot wide utility easement and easements retained in a previously abandoned alley right -of -way cul -de -sac; all located in Outlot A and Reserve Lot A, Prospect Terrace Addition No. 3, in the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. Synopsis: The owners of the property located at 5523 Sherwood Road are requesting the abandonment of a four (4) -foot wide utility easement and easements retained in a previously abandoned alley right -of -way cul -de -sac; all located in Outlot A and Reserve Lot A, Prospect Terrace, Addition No. 3. 3. RESOLUTION NO. 13,187; G -24 -030: To set September 21, 2010, as the date of hearing on the petition to abandon the east five (5) feet of a fifteen (15) -foot utility easement located at the rear of Lot 10R, Adkins Estates, in the City of Little Rock, Arkansas; and for other purposes. staff recommends approval. Synopsis: The owner of Lot 10R, Adkins Estates, located at 10 Adkins Court, is requesting the abandonment of the east five (5) feet of a fifteen (15) -foot easement located at the rear of this residential lot. 4. RESOLUTION NO. 13,188: To make appointments and reappointments to the City of Little Rock River Market Design Committee; and for other purposes. Planning Commission: 10 ayes and 1 nay. Staff recommends approval. Synopsis: Due to changes to the River Market Design Overlay District, the members of the Design Review Committee need to be verified. 2 Little Rock Board of Directors Meeting September 7, 2010 6:00 PM 5. RESOLUTION NO. 13,189: To make a reappointment to the Little Rock Housing Authority; and for other purposes. Staff recommends approval. Synopsis: Reappointment of Ms. Carolyn Polite to a second term, said term to expire on September 30, 2015. 6. RESOLUTION NO. 13,190: To authorize the City Manager to enter into a towing service contract with each company that responded successfully to the City's Request for Qualifications; and for other purposes. Staff recommends approval. Synopsis: The resolution authorizes the City Manager to enter into towing services contracts with Metro Towing and Recovery, Routh Wrecker Service and Asher Wrecker Service for a period of one (1) -year beginning October 1, 2010. 7. RESOLUTION NO. 13,191: To certify local government endorsement of Southwest Power Pool, Inc., to be located in West Little Rock near Kirk Road and Pride Valley 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. Staffrecommends approval. 8. RESOLUTION NO. 13,192: To authorize the purchase of four (4) properties 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 four (4) parcels of property in the Land Bank Focus Area which are being offered for sale. M -1 RESOLUTION NO. 13,193: To authorize the City Manager to enter into an annual contract with Millsaps Stone Company for the purchase and delivery of natural stone for park improvements for the Parks Department; and for other purposes. (2009 PARK REFUNDING BOND PROJECT) Staff recommends approval. Synopsis: A resolution to authorize the City Manager to prepare an annual contract with Millsaps Stone Company, not to exceed $150,000, for purchase and delivery of natural stone for park improvements. M -2 RESOLUTION NO. 13,194: To authorize the City Manager to enter into a contract with Burkhalter Company for improvements to Conner Park; 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 Burkhalter Company for improvements to Conner Park in an amount not to exceed $85,000. M -4 RESOLUTION NO. 13,196: To award a contract to Mobley Contractors, Inc., for renovation of the Clinton Presidential Park Bridge; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to enter into a contract with Mobley Contractors, Inc., of Morrilton, Arkansas, to renovate the Clinton Presidential Park Bridge. 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. 3 Little Rock Board of Directors Meeting September 7, 2010 6:00 PM M -3 RESOLUTION NO. 13,195: To authorize the use of eminent domain on the Interstate 430 /Interstate 630 interchange modification; and for other purposes. Staff recommends approval. Synopsis: A resolution to authorize the City to acquire some right -of -way, permanent easements and construction easements for a project that will modify the Interstate 430 /Interstae 630 interchange. Director Keck stated that there were a series of issues that needed to be addressed regarding the interchange modification and that some of what had been proposed had been met in opposition by several of the property owners and tenants in the area. City Manager Bruce Moore stated that the Arkansas Highway and Transportation Department (AHTD) needed to have access to the property in order to certify to the Federal Government that the project could move forward. City Manager Moore stated that AHTD handled the negotiations for the right -of -way acquisition; however, the negotiations were stalled over the issue of access and evaluation. City Manager Moore stated that there were several outstanding issues that dealt with access and that he had visited with one of the property owners that afternoon. In addition, City Manager Moore stated that he had met with Public Works Department Staff and AHTD Staff and that he felt confidant that the issues would be settled, and that negotiations would continue with the four (4) property owners. City Attorney Moore stated that according to AHTD, if the project was not certified, the City would potentially lose the funds from the Federal Government. Director Kumpuris called the question for the vote. By unanimous voice vote of the Board Members present, the question was called for the vote. By voice vote of the Board Members present, with Directors Hendrix and Keck voting in opposition, the resolution was approved. CITIZEN'S COMMUNICATION Luke Skrable 9602 Woodford Drive: Stated that he was there to speak about the abuse of political positions. GROUPED ITEMS (Items 9 -12) 9. ORDINANCE NO. 20,310: To amend the River Market Design Overlay District Chapter 36, Section 36 -350 through 36 -367, pursuant to the design overlay authority of Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes and 1 nay. Staff recommends approval. Synopsis: To revise the River Market Design Overlay District. 0 Little Rock Board of Directors Meeting September 7, 2010 6:00 PM 10. ORDINANCE NO. 20,311: To amend Little Rock, Ark., Rev. Code § 35 -152 (1988) to allow for contractual rates for sanitary sewer services that do not adversely impact the overall rate structure; to declare an emergency; and for other purposes. staff recommends approval. 11. ORDINANCE NO. 20,312: To authorize the City Manager to enter into an agreement with Stephens, Inc., to serve as the underwriter for the refunding of the $27,330,000 City of Little Rock, Arkansas, Waste Disposal Refunding and Improvement Revenue Bonds, Series 2002; to dispense with the requirement for competitive bids; to declare and emergency; and for other purposes. staff recommends approval. 12. ORDINANCE NO. 20,312: To amend Little Rock, Ark., Rev. Code § 20 -3 (C) (1988) and to add a new subsection (D) in order to ensure conformance with Arkansas State Law with respect to the enforcement and collection of liens against real property; 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 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. By unanimous voice vote of the Board Members present, the emergency clause for Item 10 was approved. By unanimous voice vote of the Board Members present, the emergency clause for Item 11 was approved. By unanimous voice vote of the Board Members present, the emergency clause for Item 12 was approved. PUBLIC HEARINGS (Items 13 —16) Director Kumpuris made the motion, seconded by Director Wright, to conduct the public hearing for Item 16 first. By unanimous voice vote of the Board Members present, the public hearing for Item 16 was conducted first. 16. PUBLIC HEARING: To amend to the 2010 Annual Action Plan to administer the HOPWA Program and proposed uses of 2011 CDBG, HOME and HOPWA Funding; and for other purposes. Staffrecommends approval. Synopsis: As a regulatory requirement, a public hearing must be conducted on an Amendment to the 2010 Annual Action Plan to administer the HOPWA Program and proposed uses of the 2011 CDBG, HOME and HOPWA Funding, which the City expects to received from the U.S. Department of Housing & Urban Development. Mayor Stodola opened the public hearing. 5 Little Rock Board of Directors Meeting September 7, 2010 6:00 PM City Manager Moore stated that projects that had been recommended were consistent with past uses. In addition, City Manager Moore stated that the funds would allow the City to complete the total funds necessary to rebuild the Ottenheimer Therapeutic Center and would be able to set up a new health facility in Southwest Little Rock. City Manager Moore stated that there would be a thirty (30) day comment period and at the end of the thirty (30) days, staff would incorporate the comments into a final list for the Board to adopt for inclusion in the Consolidated Plan. With regards to the funds proposed for homeless activities and the Day Resource Center, Director Hendrix asked City Manager Moore if he had an address for the site that was being considered for the Center. City Manager Moore stated that he did not have an address. Director Hendrix asked the Mayor if he had an address for the proposed Center. Mayor Stodola stated that he had a couple of addresses to be considered; however, until there was funding available, he didn't think the locations should be discussed at that time. Director Hendrix stated that she didn't think it was right to appropriate funds for the Center before a location was determined. Ron Copeland, University District: Stated that he wanted to express the District's appreciation that the Harrison Street Sidewalk Project was included on the list. Mayor Stodola closed the public hearing. Vice Mayor Fortson made the motion, seconded by Director Richardson, to approve the proposed uses of the 2011 CDBG, HOME and HOPWA Funding. By voice vote of the Board Members present, with Director Hendrix voting in opposition, the motion was approved. 13. ORDINANCE NO. 20,314;G -24 -028: To abandon the sixty (60) -foot wide access easement located between Lots 1 and 20, Colonel Glenn Centre, south of Colonel Glenn Square, in the City of Little Rock, Arkansas; and for other purposes. staff recommends approval. Synopsis: Landers Land Company #3, LLC, is requesting abandonment of a sixty (60) -foot wide access easement located between Lots 1 and 20, Colonel Glenn Centre. The area of abandonment will be retained as a utility and drainage easement. 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 Keck, 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. on Little Rock Board of Directors Meeting September 7, 2010 6:00 PM Mayor Stodola opened the public hearing and asked if there were individuals present that wanted to speak regarding the item. There being no one present to speak regarding the item, Mayor Stodola closed the public hearing. By unanimous voice vote of the Board Members present, the ordinance was approved. 14. ORDINANCE; 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 the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 0 ayes; 8 nays; and 3 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a revision to a previously approved PCD to allow the use of the property with C -2, Shopping Center District uses. The ordinance was read the first time. Director Cazort stated that the last time action for this property was before the Board, he had recused due to the fact that the owner was represented by legal counsel to which he was related. Director Cazort stated that he did not see legal counsel present and he asked City Attorney Tom Carpenter, if he needed to recuse from the current action regarding this property. City Attorney Carpenter stated that he would not need to recuse due to the fact that this was a new application and a new action before the Board and the applicant was not represented by legal counsel for this particular action. 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. Director Cazort made the motion, seconded by Director Keck, to limit the time for debate to fifteen (15) minutes for each side. By unanimous voice vote of the Board Members present, the motion was approved. Mayor Stodola opened the public hearing. Planning and Development Department Director Tony Bozynski stated that the request was to appeal the Planning Commission's denial to amend an existing PCD to allow C -2 uses. Mr. Bozynski stated that Planning & Development Staff was not supportive of the revision to the PCD and were concerned about the property having 100% commercial use. VA Little Rock Board of Directors Meeting September 7, 2010 6:00 PM Lynda Bowers, 302 North Shackleford: Thanked the Board for their support in the past and asked that they approve the revised PCD in order for them to find a new tenant to lease the facility. Sharon Connell, 4 Danube Drive: Stated that she was the owner of the property and asked that the Board support the revision. Daniel Meachum, 302 North Shackleford: Stated that he was the Property Manager for the realty company and urged the Board to support the revision. Ruth Bell, 7611 Briarwood: Stated that she represented the League of Women Voters and that the League did not support the requested revision of the PCD. Mindy McArthur, 10817 Beverly_ Hills Drive: Stated that she was a resident of the neighborhood which was located directly behind the property. Ms. McArthur stated that her main concern was the addition of traffic and noise associated with the proposed later hours. Ms. Bowers stated that the proposed use of the property would not be anything that would damage the neighborhood. In addition, Ms. Bowers stated that she and the owner had looked through the listed of accepted uses under the C -2 designation and had deleted several of the uses. Director Keck asked if the Board were to vote against the revision and the applicant wanted to return with a stricter planned development, would they have to wait the required twelve (12) months before being able to go to the Planning Commission. City Attorney Carpenter stated that they would be able to come back within the year; however, the application would have to be substantially different than the one presently before the Board. Mayor Stodola closed the public hearing. Director Wright made the motion, seconded by Director Keck, to send the item back to the Planning Commission. By unanimous voice vote of the Board Members present, the motion was approved to send the item back to the Planning Commission. 15. ORDINANCE; Z- 6693 -A: To approve a Planned Zoning Development and establish a Planned Commercial District titled Rudley Short -Form PCD, located at 9401 Colonel Glenn Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 5 ayes; 2 nays; and 4 absent. Staff recommends denial. Synopsis: The applicant is appealing the Planning Commission's recommendation of denial for a rezoning of the property from C -3 to PCD to allow the use of the site as an automobile sales lot. 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 Little Rock Board of Directors Meeting September 7, 2010 6:00 PM 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. Director Wright asked if a restriction could be placed on the types of vehicles that would be allowed at the location. Mr. Bozynski stated that the application was for auto sales; therefore, it could not include salvage autos. Mr. Bozynski stated that if the application was not approved, staff would issue a notice that the auto sales must cease. Director Hendrix'', made the motion, seconded by Director Wright, to call the question for the vote. By unanimous voice vote of the Board Members present, the question was called for the vote. Mayor Stodola closed the public hearing. By unanimous voice vote of the Board Members present, the ordinance was denied. It was noted that'the applicant was present at the meeting; however, she did not fill out a card to speak on the item. Director Hendrix to motion, seconded by Director Keck, to expunge the vote. By unanimous voice vote of the Board Members present, the vote was expunged. Mayor Stodola re- opened the public hearing. Stormy Rudley: Stated that she was the applicant and that the vehicles that were currently at the property were vehicles individuals had brought in to be sold. Ms. Rudley stated that they were a used car dealership and did not deal in salvage vehicles. Director Cazort asked how long the dealership had been at that location, and Ms. Rudley stated since April 2010; however, they had been instructed by Planning & Development Staff that they could not sell vehicles at that location until the PCD had been approved. Mayor Stodola closed the public hearing. By roll call vote of the Board Members present, the vote was as follows: No: Hendrix; Hurst; Cazort; Keck; Wright; Wyrick; Adcock; and Vice Mayor Fortson. Absent: Richardson & Kumpuris. By a vote of 0 ayes; 8 nays; and 2 absent, the ordinance was denied. Director Keck made the motion, seconded by Director Hendrix, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. OJ Little Rock Board September 7, 2010 6:00 PM ATTEST: Directors Meeting Clerk 10 APPROVED: Mark Stodola, Mayor