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HomeMy WebLinkAbout3-01-11Little Rock Board of Directors Meeting March 1, 2011 6:00 PM Little Rock Board of Directors Meeting March 1, 2011 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; Hines; Wright; Fortson; Adcock; Vice Mayor Kumpuris and Mayor Stodola. Director Wright was absent. Director Hines delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS Little Rock Bike Polo Club Update MODIFICATIONS M -1 MOTION: To approve the minutes of the Little Rock Board of Directors Meeting of February 15, 2011. M -2 RESOLUTION NO. 13,278; Z- 7119 -B: To set the date of March 15, 2011, as the date of hearing on an appeal of the denial of a Planned Zoning District titled USA Drug Revised Short-Form PD -C; and for other purposes. Planning Commission: 4 ayes; 5 nays; 0 absent; and 2 open positions. Staff recommends denial. Synopsis: The request is an appeal of the Planning Commission's recommendation of denial of a revision to the existing PD -C to allow signage along the eastern fagade located without public street frontage. M -3 RESOLUTION NO. 13,279: To authorize the City Manager to renew the existing contract with Associates Closing & Title, D /B /A RDI Records, LLC, for title search and commitment services for properties acquired by the Land Bank; and for other purposes. Staff recommends approval. Synopsis: In an effort ensure the title status of prospective properties to be acquired by the Land Bank and maximize the City's revitalization efforts, staff would like to exercise the contractual option to renew the existing contract with Associates Closing & Title, d /b /a RDI Records, LLC, to conduct title searches and issue title commitments for properties until June 25, 2011. The original authorization given pursuant to Resolution No. 12,990. M -4 ORDINANCE NO. 20,410: To amend Little Rock, Ark., Ordinance No. 20,156 (September 15, 2009) to correct a legal description; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: This ordinance amends Little Rock, Ark., Ordinance No. 20,156 to correct a legal description of property on which a public nuisance structure was located. Little Rock Board of Directors Meeting March 1, 2011 6:00 PM M -5 RESOLUTION NO. 13,280: To make appointment to the Museum of Discovery Board of Trustees; and for other purposes. Staff recommends approval. Synopsis: Appointment of Bill Franks to serve his first three (3) -year term. Reappointment of Ellen Gray to serve her second three (3) -year term. Reappointment of Todd Newton to serve his second three (3) -year term. Reappointment of Edmond Hurst to serve his second three (3) -year term. Reappointment of Jennifer Peper to serve her first three (3) -year term. DEFERRAL 11. ORDINANCE; Z- 7119 -11: To approve a Planned Zoning Development and establish a Planned Commercial District titled USA Drug Revised Short-Form PD -C, located on the northeast corner of Cantrell Road and Ranch Drive, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 4 ayes; 5 nays; 0 absent; and 2 open positions. Staff recommends denial. Deferred until March 15, 2011, at the applicant's request. Synopsis: The request is an appeal of the Planning Commission's recommendation of denial to the existing PD -C to allow signage along the eastern fagade located without public street frontage. Mary Ryan, 27 Aberdeen Drive: Stated that she was in opposition to the request for additional signage for the USA Drug Store. WITHDRAWAL 10. ORDINANCE; G -23 -424: To abandon the north/south ten (10) -foot wide alley right -of -way, located within Block 282, Original City of Little Rock, Arkansas; and for other purposes. Planning Commission: 8 ayes; 0 nays; I absent; and 2 open positions. Staff recommends approval. Synopsis: The adjacent property owners are requesting to abandon the north /south ten (10) -foot wide alley right -of -way, located within Block 282, Original City of Little Rock. Director Cazort made the motion, seconded by Director Richardson, to add Items M -1, M -2, M -3 and M -5 to the Consent Agenda, to add Item M -4 to Grouped Items, to defer Item 11 until March 15, 2011, and to withdraw Item 10. By unanimous voice vote of the Board Members present, Items M -1, M -2, M -3 and M -5 were added to the Consent Agenda, Item M -4 was added to Grouped items, Item 11 was deferred until March 15, 2011, and Item 10 was withdrawn. CONSENT AGENDA (Items 1- 6 and Items M -1, M -2, M -3 & M -5) 1. MOTION: To approve the minutes of the Little Rock Board of Directors Meeting of February 1, 2011, and the Little Rock Board of Directors Reconvened Meeting of February 8, 2011. 2 Little Rock Board of Directors Meeting March 1, 2011 6:00 PM 2. RESOLUTION NO. 13,273: To authorize the City Manager to enter into a contract with Big Truck and Equipment Company to purchase a used street sweeper for the Public Works Department; and for other purposes. Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with Big Truck and Equipment Company to purchase a used street sweeper for the Public Works Department, Street Operations Division. 3. RESOLUTION NO. 13,274: To authorize the City Manager to negotiate a contract with Cultural Resource Analysis, Inc., to provide an architectural survey of the proposed Dunbar Historic District; and for other purposes. Staffrecommends approval. Synopsis: Authorizes the City Manager to negotiate a contract with Cultural Resource Analysis, Inc., for an architectural survey of the proposed Dunbar Historic District. 4. RESOLUTION NO. 13,275: To amend Little Rock, Ark., Resolution No. 13,246 (December 7, 2010, to change the term of the contracts with Fleming Electric, Inc.; and for other purposes. Staffrecommends approval. Synopsis: On December 7, 2010, a resolution was adopted to authorize the City Manager to enter into contracts with Fleming Electric, Inc., as primary contractor, and Staley Electric, LLC, as secondary contractor, to provide overflow electrical repairs. The terms of the contracts were misstated as being for one (1) -year with a provision for four (4) additional one (1) -year periods upon agreement of the parties. The terms should have been for only one (1) -year with no extensions. 5. RESOLUTION NO. 13,276: To amend Little Rock, Ark., Resolution No. 13,247 (December 7, 2010, to change the term of the contract with Commercial Air, Inc.; and for other purposes. Staffrecommends approval. Synopsis: On December 7, 2010, a resolution was adopted to authorize the City Manager to enter into a contract with Commercial Air, Inc., to provide HVAC control repairs. The term of the contract was misstated as being for one (1) -year with a provision for two (2) additional one (1) -year periods upon agreement of the parties. The terms should have been for only one (1) -year with no extensions. 6. RESOLUTION NO. 13,277: To certify local government endorsement of Cameron Valves & Measurement, to be located at 7200 Interstate 30, 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 -1 MOTION: To approve the minutes of the Little Rock Board of Directors meeting of February 15, 2011. M -2 RESOLUTION NO. 13,278; Z- 7119 -B: To set the date of March 15, 2011, as the date of hearing on an appeal of the denial of a Planned Zoning District titled USA Drug Revised Short-Form PD -C; and for other purposes. Planning Commission: 4 ayes; S nays; 0 absent; and 2 open positions. Staff recommends denial. Synopsis: The request is an appeal of the Planning Commission's recommendation of denial of a revision to the existing PD -C to allow signage along the eastern fagade located without public street frontage. 3 Little Rock Board of Directors Meeting March 1, 2011 6:00 PM M -3 RESOLUTION NO. 13,279: To authorize the City Manager to renew the existing contract with Associates Closing & Title, D /B /A RDI Records, LLC, for title search and commitment services for properties acquired by the Land Bank; and for other purposes. Staff recommends approval. Synopsis: In an effort ensure the title status of prospective properties to be acquired by the Land Bank and maximize the City's revitalization efforts, staff would like to exercise the contractual option to renew the existing contract with Associates Closing & Title, d /b /a RDI Records, LLC, to conduct title searches and issue title commitments for properties until June 25, 2011. The original authorization given pursuant to Resolution No. 12,990. M -5 RESOLUTION NO. 13,280 (As Amended): To make appointment to the Museum of Discovery Board of Trustees; and for other purposes. Staffrecommends approval. Synopsis: Appointment of Bill Franks to serve his first three (3) -year term. Reappointment of Ellen Gray to serve her second three (3) -year term. Reappointment of Todd Newton to serve his second three (3) -year term. Reappointment of Edmond Hurst to serve his second three (3) -year term. Reappointment of Jennifer Peper to serve her first three (3) -year term. City Attorney Tom Carpenter stated that a section needed to be added to the resolution regarding the fact that Ellen Gray worked for Stephens, Inc., which administered the Arkansas Diamond Deferred Compensation Program for the City. Director Cazort made the motion, seconded by Director Richardson, to add the amendment of the resolution. By unanimous voice vote of the Board Members present, the motion was approved. Director Adcock made the motion, seconded by Director Hurst, to approve the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was approved. GROUPED ITEMS (Items 7 — 8 and Item M -4) 7. ORDINANCE NO. 20,408; Z- 8579 -A: To approve a Planned Zoning Development and establish a Planned Commercial District titled Deloney Daycare Short-Form PCD, located at 8033 Mabelvale Cut -Off Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning of this site from R -2, Single- Family, to PD -C to allow for the continued use of the site as an adult daycare center, as well as adding a child daycare service to the site. 8. ORDINANCE NO. 20,409; Z -8647: To approve a Planned Zoning Development and establish a Planned Residential District titled Good Shepard Short-Form PD -R, located at 2901 Aldersgate Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. M Little Rock Board of Directors Meeting March 1, 2011 6:00 PM Synopsis: The applicant is requesting to rezone a fifty (50) -foot by 800 -foot OS zoned strip to PD -R. The request is a companion application to a site plan review application approved by the Planning Commission on January 27, 2011, titled Good Shepard Subdivision Site Plan Review, S- 1515 -A. The requested rezoning will allow grading within the OS, Open Space, zoned area. M -4 ORDINANCE NO. 20,410: To amend Little Rock, Ark., Ordinance No. 20,156 (September 15, 2009) to correct a legal description; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: This ordinance amends Little Rock, Ark., Ordinance No. 20,156 to correct a legal description of property on which a public nuisance structure was located. 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 Richardson, 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 M -4 was approved. Mayor Stodola recognized students from the University of Arkansas at Little Rock (UALR) School of Social Work who were in the audience for the purposes of completing their requirements for attending a public policy meeting. SEPARATE ITEM (Item 9) 9. ORDINANCE NO. 20,4411: 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; to declare an emergency; and for other purposes. Staffrecommends approval. Synopsis: Five (5) 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 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. Loretta Hendrix, 2224 South Ringo Street: Ms. Hendrix stated that the property located at 2224 South Ringo Street was a non - profit organizational development, and while the E Little Rock Board of Directors Meeting March 1, 2011 6:00 PM outside of the structure was an eyesore, the inside was structurally sound. Ms. Hendrix stated that the property was given to her from a non - profit organization. Ms Hendrix stated that she represented the property; however, it was in the name of Maynard Welch. Mayor Stodola asked if Ms. Hendrix were the agent Mr. Welch, and Ms. Hendrix stated that she sold the property to Mr. Welch in 2004 or 2005. Mayor Stodola asked if Ms. Hendrix retained any type of interest in the property as a result of the sale; Ms. Hendrix stated that she did not. Ms. Hendrix asked that additional time be given for her to receive approval from the Internal Revenue Service for the non - profit development Federal Tax - Exempt Status. Ms. Hendrix stated that the intent for the Federal Tax - Exempt Status was to start an employment -in- training program. City Attorney Tom Carpenter asked if Ms. Hendrix had an agreement with the owner, since she was acting as a broker. Ms. Hendrix stated that she did have an agreement with the owner. Director Cazort asked for the names of the officers of the non - profit organization. Ms. Hendrix stated that she had the sole interest of the non - profit corporation, Innovation R &D. City Attorney Carpenter stated that Director Hendrix would need to step down from the Board Dais due to the fact that Loretta Hendrix was her daughter. City Attorney Carpenter stated that because Ms. Hendrix had a financial interest in the property, it would prohibit Director Hendrix from participating in any of the discussion. Director Hendrix stated that Loretta was an adult and did not live with her. Mayor Stodola stated that the State Statute and the ordinance that the Board followed indicated that if a Board Member, or one of their relatives, had a financial interest in a piece of property, the Board Member would not be able to participate in the discussion or vote on the issue. Director Hendrix stepped down from the Board Dais and left the Board Chamber. Ms. Hendrix stated that she needed an additional forty -five (45) days to receive the anticipated Federal Tax - Exempt Status. City Manager Bruce Moore stated that a citation was issued in 2002 for Failure to Repair or Demolish the structure. Elouise Hawkins, 2516 Izard Street: Stated that three (3) of the properties on the list for demolition were owned by her family. Ms. Hawkins stated that the property located at 2423 South Park Street was a sound facility and that she needed additional time to rehab the property. Ms. Hawkins stated that the property located at 2123 West 24`h Street was for sale and that she had spoken with three (3) individuals interested in purchasing the property; however, they were waiting on income tax returns. Ms. Hawkins stated that the property located at 2417 South Park Street needed to be demolished. 2 Little Rock Board of Directors Meeting March 1, 2011 6:00 PM Director Adcock asked Ms. Hawking how long her family had owned the three (3) properties and she stated that they had owned the properties since 2003. Director Hurst asked how long the City had been asking for improvements to be made to the properties. City Manager Moore stated that citations were issued on all three (3) properties on May 9, 2007. Director Richardson made the motion to call the question to vote. By unanimous voice vote of the Board Members present, the question to vote was called. 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. Director Hendrix returned to the Board Dais. PUBLIC HEARING (Item 12) 12. ORDINANCE NO. 20,415: To establish and lay off City of Little Rock Municipal Property Owners' Multipurpose Improvement District No. 2011 -312 (Wildwood Ridge Project); and for other purposes. Staffrecommends approval. 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 The ordinance was read the first time. Director Cazort made the motion, seconded by Director Adcock, to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read a 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. OTHER ITEMS (Items 13 —15) 13. ORDINANCE NO. 20,412: To amend Little Rock, Ark., Rev. Code § 35 -103 (1988); to increase the membership on the Little Rock Sanitary Sewer Committee to seven (7) members; to declare an emergency; and for other purposes. staff recommends approval. 7 Little Rock Board of Directors Meeting March 1, 2011 6:00 PM 14. ORDINANCE NO. 20,413: To expand the membership of the Civil Service Commission to include two (2) new members; to declare an emergency; and for other purposes. Staff recommends approval. 15. ORDINANCE NO. 20,414: To amend Chapter 23 of the Code of Ordinances of the City of Little Rock, Arkansas, pertaining to historic preservation; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: Increasing the size of the Historic District Commission by two (2) positions. The ordinances were read the first time. Director Richardson made the motion, seconded by Director Hurst, 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 Richardson made the motion, seconded by Director Adcock, 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 clauses for Items 13, 14, & 15 were approved. CITIZEN'S COMMUNICATION There were no citizens present to speak at Citizen's Communication. Vice Mayor Kumpuris stated that within the last five (5) days, there had been five (5) businesses, that he was aware of, that had become victims of copper theft. Vice Mayor Kumpuris stated that while the Legislature was in session, it would be the time to determine if any amendments needed to be made to the previously approved Bill to strengthen the enforcement against copper theft. Vice Mayor Kumpuris, made the motion, seconded by Director Adcock, to give the Mayor, City Manager or City Attorney the authority to act on behalf of the Board should any amendments need to be made. By unanimous voice vote of the Board Members present, the motion was approved. Director Hendrix stated that she would like for the Board to support the expansion of the Little Rock Housing Authority Board of Commissioners to seven (7) members. Director Hendrix made the motion, seconded by Director Richardson, to add the expansion of the Little Rock Housing Authority Board of Commissioners to the City's Legislative Package. By unanimous voice vote of the Board Members present, the motion was approved. Director Hendrix asked that the Board Members forward any input they might have to City Attorney Carpenter regarding the proposed ordinance regarding naming streets after individuals, which failed at the previous meeting. Director Hendrix stated that she wanted to bring that proposed ordinance back to the Board in a coming meeting. Little Rock Board of Directors Meeting March 1, 2011 6:00 PM Director Hendrix stated that she had heard many complaints regarding the property that was condemned at 2224 South Ringo Street and she thanked the Board for their action. Vice Mayor Kumpuris made the motion, seconded by Director Cazort, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. ATT]WgT- 0J APPROVED: w/a, Mark Stodola, Mayor