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HomeMy WebLinkAbout05-01-12Little Rock Board of Directors Meeting May 1, 2012 6:00 PM Little Rock Board of Directors Meeting May 1, 2012 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; Wyrick; Fortson; Adcock; Vice Mayor Kumpuris and Mayor Stodola. Director Lance Hines delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS Introduction of the National Multiple Sclerosis Society City of Little Rock Departmental Employees of the Year Little Rock Kickball Association ADDITIONS: M -1 MOTION: To approve the minutes of the Little Rock City Board of Directors Meetings of January 3, 2012, January 17, 2012, February 21, 2012, March 6, 2012, March 20, 2012; and the minutes of the Little Rock City Board of Directors Reconvened Meeting of February 28, 2012. DEFERRALS: Introduction of the National Multiple Sclerosis Society Presentation 12. ORDINANCE; Z- 6848 -B: To approve a Planned Zoning Development and establish a Planned Residential District titled Tract A Pleasant Tree Addition Revised Short-Form PD -R, located in the 1500 Block of Pickering Drive, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes; 3 nays; and 1 absent. Staff recommends approval. Synopsis: The applicant is requesting a revision to the previously- approved PD -R, Planned Residential District, to allow for the construction of a two (2) -story single building containing six (6) units of multi - family housing. (Deferred until June 5, 2012) Director Adcock made the motion, seconded by Director Cazort, to add Item M -1 to the Consent Agenda, to defer the Multiple Sclerosis Society Presentation and to defer Item 12 until June 3, 2012. By unanimous voice vote of the Board Members present, Item M- 1 was added to the Consent Agenda, the Multiple Sclerosis Society Presentation was deferred and Item 12 was deferred until June 3, 2012. Little Rock Board of Directors Meeting May 1, 2012 6:00 PM Director Hendrix stated that she wanted the record to reflect that she voted aye on the proposed residency ordinance that was included on the April 17, 2012, Board Agenda. Mayor stated that since there was no roll call, to let the record reflect that Director Hendrix's vote was to be recorded as an aye. CONSENT AGENDA (Items 1 — 8 and Item M -1) 1. RESOLUTION NO. 13,490: Authorizing the City Manager to enter into a contract with Fiser Truck & Tractor, Inc., in the amount of $117,990, for the purchase of ten (10) Bad Boy Mowers for use by the Parks and Recreation Department, utilizing the Arkansas State Purchasing Contract; and for other purposes. (Funding from the 2012 318 - Cent Sales Tax and 518 -Cent Sales Tax) Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with Fiser Truck & Tractor, Inc., in the amount of $117,990 for the purchase of ten (10) Bad Boy Mowers with a seventy -two (72) -inch cutting deck, priced at $11,799 each, for the Parks and Recreation Department. 2. RESOLUTION NO. 13,491: Authorizing an agreement with the Central Arkansas Library System to transfer funds for the construction of improvements to Maryland Avenue, Madison Street and 10th Street; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with the Central Arkansas Library System to participate in a portion of the cost of street improvements to Maryland Avenue, Madison Street and 10`h Street. 3. RESOLUTION NO. 13,492: Authorizing the City Manager to enter into a contract with DBI Construction, Inc., for renovations to the City of Little Rock Homeless Day Resource Center; and for other purposes. Staff recommends approval. Synopsis: The building that will house the Homeless Day Resource Center, located at 3000 Confederate Boulevard, is in need of renovations prior to the opening of the center. The lowest responsible bidder has been identified and a contract in the amount of $227,000 has been recommended. 4. RESOLUTION NO. 13,493: To authorize the purchase of three (3) 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: The Land Bank has identified the following three (3) properties within its focus area which are being offered for sale: 3108 West 17`h Street: 7,000 square -foot vacant lot with no structure; County Appraisal Value $4,600.00. 1521 South Maple Street: 10,500 square -foot vacant lot with no structure; County Appraisal Value $5,180.00. 1513 Valmar Street: 6,440 square -foot vacant lot with no structure; County Appraisal Value $4,600.00. 5. RESOLUTION NO. 13,494: To certify Local Government Endorsement of Aluchem of Little Rock, LLC, to be located at 10500 Arch Street Pike, 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. 6. RESOLUTION NO. 13,495: To exercise the option for early redemption of the City of Little Rock Arkansas Residential Housing and Public Facilities Board Capital Improvement Bonds (Park System Project), Series 2001; and for other purposes. Stafl recommends approval. Synopsis: The City of Little Rock, Arkansas Residential Housing and Public Facilities Board "Facilities Board ", Capital Improvement Bonds "the Bonds" (Park System Project), Series 2001 were issued on February 26, 2001, in the amount of $3,650,000 for the purpose of acquiring approximately Little Rock Board of Directors Meeting May 1, 2012 6:00 PM 617 acres of undeveloped land from Deltic Timber in West Little Rock for development as parks and recreation facilities. The Facilities Board has in turn leased the property to the City at a rate of $300,000 per year. At the time the bonds are fully redeemed, the land will revert to the City. The outstanding balance on the bonds is approximately $1,105,000. As security for the bonds, the City has a letter of credit with Bank of America. The current market environment could trigger remarketing of the bonds at an unfavorable increase in the interest rate; therefore, the Finance Department is recommending exercising the option for early redemption of the bonds without penalty. 7. RESOLUTION NO. 13,496: To authorize the City Manager to enter into a contract with Landers Dodge Jeep, in the amount of $80,040, for the purchase of four (4) trucks for the Parks and Recreation Department, utilizing the Arkansas State Purchasing Contract; and for other purposes. (Funding from the 2012 318 -Cent Sales Tax) Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to enter into a contract with Landers Dodge Jeep in the amount of $80,040 for the purchase of four (4) Dodge Ram 2500 pick -up trucks priced at $20,010 each, for the Parks and Recreation Department. 8. RESOLUTION NO. 13,497: To authorize the City Manager to enter into a contract with Harrison Pools & Resurfacing to restore the plaster on the pools and the whirlpool and to restore the water slide at War Memorial Park; and for other purposes. Staff recommends approval. Synopsis: A resolution to authorize the City Manager to enter into a contract with Harrison Pool & Resurfacing to restore the plaster on the pools and the whirlpool and to restore the water slide at War Memorial Park. M -1 MOTION: To approve the minutes of the Little Rock City Board of Directors Meetings of January 3, 2012, January 17, 2012, February 21, 2012, March 6, 2012, March 20, 2012; and the minutes of the Little Rock City Board of Directors Reconvened Meeting of February 28, 2012. Director Adcock made the motion, seconded by Director Cazort, to approve the Consent Agenda. Director Richardson asked if the property referred to in Item 6 was located within the City Limits. City Manager Bruce Moore stated that the property was not located within the City Limits and that the decision to purchase the property was made by the Board of Directors in February 2001. City Manager Moore stated that staff had been advised that due to the current market conditions, it would be prudent to pay the bonds off at that time to avoid any additional fines or penalties. Director Richardson asked if the infrastructure was in place to develop the property. City Manager Moore stated that some improvements had been made; however, a Master Park Plan would need to be developed. Director Cazort made the motion, seconded by Director Hines, to recommit the amount currently allocated for the annual payment to the creation of a Master Street Plan for the property and the implementation of the development of the property. Mayor Stodola stated that it was a proposal and that he was not sure that was the correct vehicle for the appropriation of funds and that he would respectfully rule that motion out of order. Director Hines withdrew his second of the motion. 3 Little Rock Board of Directors Meeting May 1, 2012 6:00 PM By unanimous voice vote of the Board Members present, the Consent Agenda was approved. GROUPED ITEMS (Items 9 — 11 and Items 13 - 17) 9. ORDINANCE NO. 20,575; Z- 1870 -A: To approve a Planned Zoning Development and establish a Planned Office District titled Kingridge Enterprises Short -Form POD, located at 2501 South Broadway Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. Synopsis: The applicant is requesting rezoning of several lots from 0-3, General Office District, R-4, Two (2)- Family District, and R -5, Urban Residence District, to POD, Planned Office Development, to allow for an existing office development to expand. 10. ORDINANCE NO. 20,576; Z- 5738 -B: To approve a Planned Zoning Development and establish a Planned Office District titled Pyramid Park Short -Form POD, located at 11300 Financial Center Parkway, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. Synopsis: The request is a rezoning from 0-3, General Office District, to POD, Planned Office Development, to allow signage without public street frontage within the Financial CenterlChenal Parkway Design Overlay District. 11. ORDINANCE NO. 20,577; Z- 6194 -D: To approve a Planned Zoning Development and establish a Planned Industrial District titled Dale's Tire Short -Form PID, located at 7919 Colonel Glenn Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. Synopsis: The applicant is requesting to rezone the site from R -2, Single - Family, and 1 -2, Light Industrial District, to PID, Planned Industrial District, to allow for a new building to be constructed on the site. The existing building will be removed upon completion of the new structure. 13. ORDINANCE 20,578; Z -8750: To approve a Planned Zoning Development and establish a Planned Residential District titled Mulligan Short-Form PD -R, located at 3233 Ozark Street, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes; 0 nays, and 1 absent. Staff recommends approval. Synopsis: The applicant is requesting a rezoning from R -3, Single - Family, to PD -R, Planned Residential District, to allow for an addition to the existing home. The property is located within the Hillcrest Design Overlay District. 14. ORDINANCE NO. 20,579: To grant a franchise for the installation of self- opening and self - closing gates on Sienna Lake Drive in the Sienna Lake Subdivision; and for other purposes. Staff recommends approval. Synopsis: The ordinance authorizes a franchise for self- opening and self - closing gates across Sienna Lake Drive in the Sienna Lake Subdivision, with certain conditions. Martha Glasser, 15 Trafalgar Cove: Turned in a card to register her support of proposed ordinance. Marilyn Henderson, 15 Trafalgar Cove: Turned in a card to register her support of proposed ordinance. 4 Little Rock Board of Directors Meeting May 1, 2012 6:00 PM Hamp Stokes, 2 Marchwood Cove: Turned in a card to register his support of proposed ordinance. 15. ORDINANCE NO. 20,580: To amend Little Rock, Ark. Rev. Code §20 -2 (1988) to add a new subsection in order to permit rain barrels for the purpose of collecting and storing rainwater; and for other purposes. Staff recommends approval. Synopsis: This ordinance will amend the City Code to allow for the use of rain barrels to collect and store rainwater and will establish the standards and requirements for the use of the barrels. 16. ORDINANCE NO. 20,581: To amend Little Rock, Ark., Rev. Code §2- 243(a)(2) (1988) to declare consultation, installation, configuration, programming, training, maintenance, operation or integration of hardware or software systems to be a professional service; and for other purposes. Staff recommends approval. Synopsis: To declare certain hardware and software work to be a professional service. 17. ORDINANCE NO. 20,582: To dispense with competitive bids; to award a five (5)- year software maintenance agreement to Lawson, in the amount of $646,488.74; and for other purposes. Staff recommends approval. Synopsis: This ordinance waives competitive bidding for the purchase of software maintenance and support for the Lawson accounting and human resources /payroll software. The ordinances were read a 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. PUBLIC HEARINGS (Items 18 & 19) 18. RESOLUTION NO. 13,498; Z- 8486 -A: To rescind the Little Rock Planning Commission's action in denying a Special Use Permit to allow a group home on the R -3, Single - Family District, zoned property, located at 3517 West 25th Street; and for other purposes. Planning Commission: 3 ayes; 7 nays; and 1 absent. Staff recommends approval. Synopsis: Gaylon and Myriam Carter are appealing the Planning Commission's action in denying a Special Use Permit to allow a group home on the R -3 zoned property located at 3517 West 25`h Street. Mayor Stodola opened the public hearing and asked if there were individuals present that wished to speak for or against the item. Stephen Giles, 425 West Capitol Avenue: Stated that he represented the applicants, Gaylon & Myriam Carter, and he asked the Board to support the resolution to appeal the Planning Commission's denial of the Special Use Permit. Mr. Giles stated that the first time the applicant's submitted the application; they stated there would be eleven (11) internal female residents with two (2) live -in managers; however, the application was amended at the Planning Commission Meeting to state that there would be eight (8) internal female residents and two (2) live -in managers. Mr. Giles stated that since the Little Rock Board of Directors Meeting May 1, 2012 6:00 PM Planning Commission Meeting, the applicant's had met with Planning Staff and amended the application for eight (8) internal female residents and one (1) live -in manager and that now the application met the minimum requirements. Mr. Giles stated that the property would be utilized as a transition facility and not a treatment facility and that the residents would be subjected to random drug testing and would be required to actively search for employment. Mayor Stodola closed the public hearing. Director Cazort made the motion, seconded by Director Richardson, to approve the resolution. By unanimous voice vote of the Board Members present, the resolution was approved. 19. RESOLUTION NO. 13,499; Z -8735: To rescind the Little Rock Planning Commission's action in approving a Special Use Permit to allow a group home on the R- 2, Single - Family District, zoned property, located at 102 Brookside Drive, Little Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes; 2 nays; and 1 absent. Staff recommends denial. Synopsis: Mr. Robert P. Gminski, 3 Serenity Drive, is appealing the Planning Commission's action in approving a Special Use Permit to allow a group home on the R -2 zoned property located at 102 Brookside Drive. Director Hendrix made the motion, seconded by Director Richardson to limit the time for individuals to speak to thirty (30) minutes; fifteen (15) minutes each side. By roll call vote, the vote was as follows: Ayes: Hendrix; Richardson; Cazort; Hines. Nays: Hurst; Wright; Wyrick; Fortson; Adcock and Vice Mayor Kumpuris. By a vote of four (4) ayes and six (6) nays, the motion failed. Director Richardson made the motion, seconded by Director Kumpuris, to limit the time for individuals to speak to three (3) minutes. By voice vote of the Board Members present, with Directors Adcock and Wyrick voting in opposition, the motion passed. Vice Mayor Kumpuris asked why staff had recommended denial of the proposed resolution. Planning & Development Department Director Tony Bozynski stated that staff was in support of the application itself; however, they were opposed to the request to rescind the Planning Commission's action in approving the Special Use Permit. Mr. Bozynski stated that the application had met the ordinance requirements for square - footage per individual for the total structure and for the bedrooms and for on -sight parking. Mr. Bozynski stated that the Fire Marshall had conducted a site visit and there had not been any issues. Mayor Stodola opened the public hearing and asked if there were individuals present that wished to speak for or against the item. Jack Fryer, 607 Ridgeway Drive: Stated that his organization, Dickson Recovery & Transition Support Ministries, Inc., had financed the first two (2) Oxford House's in the City of Little Rock. Mr. Fryer stated that Oxford House was a national organization with 1,500 homes across the country, in Little Rock. Mr. Fryer stated that he had been made an agent of the land owner and that and Oxford House was protected under the same guidelines of the Fair Housing Act as any family. Mr. Fryer stated that they had agreed 6 Little Rock Board of Directors Meeting May 1, 2012 6:00 PM to apply for a Special Use Permit based on the parameters given and the fact that they were operating as a residential home. Mr. Fryer stated that due to the fact there was not paid supervision; an Oxford House did not qualify as a Group Home. Mr. Fryer stated that if an individual wanted to live in an Oxford House, they had to fill out an application, which was then considered by the members of the house; based on an interview. Director Adcock asked how the Board was supposed to consider the application. City Attorney Tom Carpenter stated that the Board would have to consider the application how it was defined under City ordinance, which stated that a Group Home was a facility, of family -like environment, of four (4) or more handicapped individuals. Mike Shannon, 111 Center Street: Stated that he was legal counsel for the applicant and that according to the 8th Circuit Court of Appeals, the Fair Housing Act prohibited the City from making a dwelling unavailable to a handicapped individual based upon their handicap. Mr. Shannon stated that he did not believe that a Special Use Permit was necessary for this property, based on the Fair Housing Act, and that the application should be treated as a single - family residence that was occupied by handicapped individuals. Mr. Shannon stated that he did not believe the structure should be labeled as a Group Home. Director Adcock made the motion, seconded by Director Hurst, for the Board to take a ten (10)- minute recess. By unanimous voice vote of the Board Members present, the Board took a ten (10)- minute recess. Director Fortson stated that the Board had heard conflicting personal and legal opinions regarding the application. Director Fortson stated that he had concerns and would submit a list of questions to the City Attorney for clarification; therefore, he was not ready to vote on the issue that evening. Director Fortson made the motion, seconded by Director Wright, to table the item until the second meeting in June. By roll call vote, the vote was as follows: Ayes: Hurst; Hines; Cazort; Wright; Wyrick; Fortson; Adcock and Vice Mayor Kumpuris. Nays: Hendrix and Richardson. By a vote of eight (8) ayes and two (2) nays, the item was tabled until the second meeting in June. Mayor Stodola closed the public hearing SEPARATE ITEMS (Items 20 - 22) 20. ORDINANCE: To establish a schedule of sewer rates and charges for Little Rock Wastewater, repealing Ordinance No. 19,647, dated November 28, 2006, Section 14 of Ordinance No. 19,895, dated December 21, 2007, and Ordinance No. 20,311, dated September 7, 2010; to declare an emergency; and for other purposes. (Ordinance was held on 1" Reading) The ordinance was read the first time. 21. ORDINANCE: To establish sewer charges for Little Rock Wastewater amending Ordinance No. 19,647, dated November 28, 2006, Section 14 of Ordinance No. 19,895, dated December 21, 2007, and Ordinance No. 20,311, dated September 7, 2010; to declare an emergency; and for other purposes. (Ordinance was held on 1s1 Reading) Little Rock Board of Directors Meeting May 1, 2012 6:00 PM The ordinance was read the first time. 22. ORDINANCE NO. 20,583; Z -8751: To approve a Planned Zoning Development and establish a Planned Commercial District titled Mosaic Church of Central Arkansas Long -Form PCD, located at 6221 Colonel Glenn Road, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 1 nay; and 1 absent. Staff recommends approval. Synopsis: The request is a rezoning from C -3, General Commercial District, to PCD, Planned Commercial District, to allow for the placement of tables and chairs within the food truck court area and establish the future development plans of the site. The ordinance was read a 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. Director Adcock asked if there was a way to construct a fence around the proposed food truck court area to deter the traffic that currently utilizes the parking lot for a cut - through. Mr. Bozynski stated that improvements to the current parking lot would include landscaped islands which would deter the cut - through traffic. Director Adcock asked if additional lighting would be added to the parking lot. The applicant, Mark DeYmaz, stated that there would be no additional lighting added; the current lighting was adequate; however, it was not turned on. Director Wright stated that this development was a big step in the revitalization of the area and asked that the Board support the ordinance. By unanimous voice vote of the Board Members present, the ordinance was approved. CITIZEN'S COMMUNICATION Trey Weir, 701 East Capitol: Occupy Little Rock Barbara Jones: Board Illness Loretta Hendrix. P.O. Box 3603: General Comments 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. Little Rock Board of Directors Meeting May 1, 2012 6:00 PM EST- APPROVED: us'an'r ley, City Clerk Mark Stodola, Mayor