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HomeMy WebLinkAbout06-05-12Little Rock Board of Directors Meeting June 5, 2012 6:00 PM Little Rock Board of Directors Meeting June 5, 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. Assistant City Clerk Toya Robinson called the roll with the following Directors present: Hendrix; Richardson; Hurst; Cazort; Hines; Wright; Wyrick; Fortson; Adcock; Vice Mayor Kumpuris and Mayor Stodola. Director Doris Wright delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS Neighborhoods USA GLO -PAR Poster Contest Winners Neighborhood Leadership Academy Graduation ADDITIONS M -1 MOTION: To approve the minutes of the Little Rock City Board of Directors Meeting of April 3, 2012. M -2 ORDINANCE: To abandon a public right -of -way for Ray Winder Drive, located in War Memorial Park, Little Rock, Arkansas; and for other purposes. Staff recommends approval. Synopsis: The ordinance abandons the right -of -way of Ray Winder Drive, excluding existing utility and drainage easements. Director Hendrix asked what the sense of urgency was in adding Item M -2 to the agenda. Assistant City Manager Bryan Day stated that the Little Rock Zoo was working to fence off and landscape that portion of Ray Winder Drive and the work needed to be completed by the first Arkansas Razorback game in Little Rock, which was scheduled for September 8, 2012. Director Cazort made the motion, seconded by Director Cazort, to add Item M -1 to the Consent Agenda and M -2 to the Grouped Items. By unanimous voice vote of the Board Members present, Item M -1 was added to the Consent Agenda and Item M -2 was added to the Grouped Items. CONSENT AGENDA (Items 1 — 8 and Item M -1) 1. MOTION: To approve the minutes of the Little Rock City Board of Directors Meeting of February 7, 2012; and the minutes of the Little Rock City Board of Directors Reconvened Meeting of March 27, 2012. 2. RESOLUTION NO. 13,508: To authorize the City Manager to enter into an annual purchase order contract with NAPA Auto Parts, as primary vendor, and O'Reilly Auto Little Rock Board of Directors Meeting June 5, 2012 6:00 PM Parts, as secondary vendor, to provide non -OEM light duty replacement parts for use in all City -owned equipment, in the estimated amount of $290,000 per year, with an option to renew each year up to two (2) additional years; and for other purposes. Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to enter into an Annual Purchase Order contract with NAPA Auto Parts as primary vendor and O'Reilly Auto Parts as secondary vendor, to provide non -OEM light duty replacement parts for use in all City -owned equipment. This APO is for one (1) -year, with an option to renew each year up to two (2) additional years, with estimated expenditures of $290,000 per year. 3. RESOLUTION NO. 13,509: To authorize the City Manager to award a contract for traffic signal loop installation at various locations throughout the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. (Funding from the 2012 318 -Cent Sales Tax) Synopsis: Authorizes the City Manager to execute an agreement with All Service Electric for Traffic Signal Loop Installation- Various Locations, Bid No. 2012 -222. 4. RESOLUTION NO. 13,510: To authorize the City Manager to award a contract for twenty (20) traffic signal video detection system processors; and for other purposes. Staff recommends approval. (Funding from the 2012 318 -Cent Sales Tax) Synopsis: Authorizes the City Manager to execute an agreement with Pinkley Sales for twenty (20) Traffic Signal Video Detection Systems, Bid No. 2012 -244. 5. RESOLUTION NO. 13,511: To authorize the City Manager to enter into a contract with the Little Rock Advertising and Promotion Commission, D /B /A Little Rock Convention and Visitors Bureau, for the repayment of the cost of the Parking Pay and Display Stations in the River Market; and for other purposes. Staff recommends approval. Synopsis: In an effort to generate additional revenues to be utilized for capital improvements, cleanliness and public safety of the River Market area, the Little Rock Convention and Visitors Bureau ( LRCVB) has agreed to purchase Parking Pay and Display Stations to be placed in the River Market. LRCVB would be reimbursed for the capital outlay through the use of revenues generated by the Parking Stations. 6. RESOLUTION NO. 13,512: To award a contract for commercial trash and recycling for City facilities; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to enter into an annual contract with Waste Management, Inc., to provide for commercial trash and office recycling for designated City facilities, Bid #C12006. 7. RESOLUTION NO. 13,513: To authorize the City Manager to approve a one (1)- year extension of the annual software maintenance agreement with IBM Corporation, in the amount of $147,888.00; and for other purposes. Staff recommends approval. Synopsis: This resolution authorizes an additional year of software maintenance services for the City's IBM mainframe computer pursuant to sole- source Ordinance No. 20,220 (February 16, 2010). 8. RESOLUTION NO. 13,514: To authorize the Mayor and City Clerk to execute a quitclaim deed to certain property located at 7400 M Street in the City of Little Rock, Arkansas, to Brian Michael Clary; and for other purposes. Staff recommends approval. Synopsis: The resolution authorizes the Mayor and Clerk to execute a quitclaim deed to certain property near M Street in Little Rock to Brian Michael Clary. M -1 MOTION: To approve the minutes of the Little Rock City Board of Directors Meeting of April 3, 2012. Little Rock Board of Directors Meeting June 5, 2012 6:00 PM Director Adcock made the motion, seconded by Director Richardson, to approve the Consent Agenda. By unanimous voice vote of the Board Members present, the Consent Agenda was approved. Mayor Stodola stated that he had received two (2) cards from individuals that wanted to speak on Item 9 and the item should be read separately. GROUPED ITEMS (Items 10 — 11 and Item M -2) 10. ORDINANCE NO. 20,585; Z- 8301 -B: To reclassify property located in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 ayes; 0 nays; and 2 absent. Staff recommends approval. Synopsis: The owner of the undeveloped 6.0965 -acre property located on the north side of Valley Ranch Drive, west of Patrick Country Road, is requesting that the zoning be reclassified from MF -12 to O -3. 11. ORDINANCE NO. 20,586; Z -8728: To approve a Planned Zoning Development and establish a Planned Commercial District titled Worsham Short -Form PCD, located at 910 East 9th Street, 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 the rezoning of the site from C -3, General Commercial District, to PCD to allow the use of the existing building for auto repair. M -2 ORDINANCE NO. 20,591: To abandon a public right -of -way for Ray Winder Drive, located in War Memorial Park, Little Rock, Arkansas; and for other purposes. Staff recommends approval. Synopsis: The ordinance abandons the right -of -way of Ray Winder Drive, excluding existing utility and drainage easements. The ordinances were read a first time. Director Adcock made the motion, seconded by Director Cazort, to suspend the rules and place the ordinances on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinances were read a second time. Director Adcock made the motion, seconded by Director Hurst, 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. SEPARATE ITEMS (Item 9 and Items 12 - 14) 9. ORDINANCE NO. 20,584; 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. (Deferred from May 1, 2012) Little Rock Board of Directors Meeting June 5, 2012 6:00 PM 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. 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 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. Darlene Emison, 12 Pleasant Tree Cove: Stated that she lived one (1) -block away from the proposed development and was opposed to the proposed development. Yolanda Dreher, 12 Pleasant Tree Cove: Stated that she was opposed to the development and that the property was too small for the proposed apartments. Ms. Dreher stated that according to the Boyle Park Planning District, the area approved was low- density residential, not to exceed six (6) dwelling units per acre. Ms. Dreher stated that the current proposed development was four (4)- tenths of an acre, which doubled the density to 13.9. Ms. Dreher stated that the property had previously been approved for three (3) residential structures on individual lots, and she thought that was more in the nature for the neighborhood. Vice Mayor Kumpuris asked for a staff overview regarding the density of the proposed development. Planning & Development Department Director Tony Bozynski stated that the part of Pickering Drive in question was a unique mixture of single - family, duplexes and apartments. Mr. Bozynski stated that staff reviewed the proposed development and felt that the project would not be overbuilding the site and that 50% of it would be left as open space. In addition, Mr. Bozynski stated that the applicant was providing eleven (11) parking spaces, which was more than the ordinance required. By voice vote of the Board Members present, with Director Adcock voting in opposition, the ordinance was approved. 12. RESOLUTION NO. 13,515: To authorize the Mayor to issue a letter of support to the Arkansas Development Finance Authority for Finance Adjustment Factor Funds to be used for full rehabilitation or reconstruction of sixteen (16) rental units, in the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. (Deferred from May 15, 2012) Synopsis: The Resolution would authorize the Mayor to sign a letter of support for Finance Adjustment Factor Funds to the Arkansas Development Finance Authority. Financing Adjustment Factor Funds are intended to be used to fill gaps in a development budget to ensure properties remain affordable for low income residents. Director Adcock asked what the timeframe was in rehabilitating the sixteen (16) structures. The applicant, Charles Vann, stated that according to the Arkansas Development Finance Authority, the review for funding would occur around the middle of August. Mr. Vann stated that construction would begin approximately thirty (30) days after the funding was secured with completion of the rehabilitation occurring within twelve (12) to eighteen (18) months afterwards. Director Adcock asked Mr. Vann if he 4 Little Rock Board of Directors Meeting June 5, 2012 6:00 PM owned the units at that time. Mr. Vann stated that he was in possession of a Contract for Purchase. Director Hendrix stated that she had heard from many residents from Ward One who had expressed concern that there were too many properties included in the proposal. Director Hendrix distributed a draft amendment that would reduce the number of properties that were included in the project. Director Hendrix made the motion to reduce the number of properties from sixteen (16) to five (5); however, the motion failed due to the lack of a second. Rev. Howard L. Bryels, 2208 South Martin Street: Stated that he represented the Love Neighborhood Association and that they were opposed to the project due to the fact that there were already a large number of blighted homes in the area. Director Richardson made the motion, seconded by Director Cazort, to approve the resolution. By unanimous voice vote of the Board Members present, the resolution was approved. 13. ORDINANCE NO. 20,587; Z -8752: To approve a Planned Zoning Development and establish a Planned Commercial District titled Chenal Kanis Storage Long -Form PCD, located at 15575 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; 2 nays; and 2 absent. Staff recommends denial. Synopsis: The applicant is requesting a rezoning from R -2, Single - Family, to PCD, Planned Commercial Development, to allow for the development of 7.63 acres with seven (7) small office lots fronting Pride Valley Road and one (1) large lot fronting Kanis Road which will be development into a self- storage facility. The ordinance was read a first time. Director Adcock made the motion, seconded by Director Richardson, 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. 14. ORDINANCE NO. 20,588: To amend Chapter 29, Article VI, Land Alteration Regulations of the Code of Ordinances of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes; 0 nays; and 1 absent. Staff recommends approval. Synopsis: Authorizes an amendment to the Land Alteration Regulations found in Chapter 29 of the Code of Ordinances to allow a variance to be issued by the Planning Commission for clearing and grading without imminent construction of a building. The ordinance was read a first time. Director Adcock made the motion, seconded by Director Hurst, 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 Little Rock Board of Directors Meeting June 5, 2012 6:00 PM ordinance was read a third time. By unanimous voice vote of the Board Members present, the ordinance was approved. PUBLIC HEARINGS (Items 15 — 16) 15. 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. (First Reading Held on May 1, 2012) (Second Reading Held on May 15, 2012) The ordinance was read a third time. Mayor Stodola opened the public hearing on the rates and charges and the issuance of sewer revenue bonds to finance improvements to the sewer system and asked if there were individuals present that wished to speak for or against the item. Leslie Anderson, 9224 West Markham Street: Stated that he felt that the increase was too much all at once and that a gradual increase would be much better. Jim Lynch, 16 Lenon Drive: Stated that he represented the Coalition of Little Rock Neighborhoods and that they had met with representatives from Little Rock Wastewater and understood and supported the proposal. Mayor Stodola closed the public hearing. Director Hurst stated that it had been brought to her attention that the wastewater rate was realized through the average of six (6) months, September — February, which were actually billed in October — March. Director Hurst stated that citizens would be paying for the months of September and October, and unless they had a separate water meter, it would include water used for irrigation, which had no impact on the sewer system. Director Hurst distributed copies of a proposed amendment that would set the rates based on true winter months; November — February. Little Rock Wastewater Executive Director Reggie Corbett stated that there was a possibility that some of the water could be consumed in September. Mr. Corbett stated that Central Arkansas Water had nine (9) cycles that are spread out through the month and Little Rock Wastewater (LRWW) had no control over when they read the meters. Mr. Corbett stated that prior to 2001, there was no winter average billing; sewer was paid on whatever the meter read. Mr. Corbett stated that the current winter average billing was a much better program. Mr. Corbett stated that if the number of months and the amount of usage were reduced, the average for the year would be reduced; therefore, the revenue would be less. Director Hurst asked if LRWW could take a more in depth look to determine if the difference would be that much greater. Director Hendrix asked what impact any Board action would have with the current lawsuit by the Sierra Club. City Attorney Tom Carpenter stated that the litigation was currently between the Sierra Club and Little Rock Wastewater Utility and was that way due to the fact that the Courts had found that the City had been supportive of rate Little Rock Board of Directors Meeting June 5, 2012 6:00 PM increases and bond issues in order to ensure that capital improvements were made to the sewer system. City Attorney Carpenter stated that if the City Board changed its position and was not supportive of rate increases as needed by LRWW, the City would run the risk of being made a defendant again in the lawsuit. Director Adcock asked how much less revenue was collected the first year that winter average billing was utilized. Mr. Corbett stated that there was not a change in collection as the rates were set based on revenue requirements. Director Richardson asked what percentage of rate increase went into effect in 2001. Mr. Corbett stated that he thought it was approximately 20% - 21 %. Director Richardson asked how long the City had been dealing with the Sierra Club lawsuit. City Attorney Carpenter stated that the City had been involved with the lawsuit since 2001. Mayor Stodola stated that the time had been extended to 2018; giving the City eighteen (18) years to comply with the lawsuit. Director Hines asked if LRWW would have to increase the rates to make up for the decrease in usage should the winter average billing be reduced. Mr. Corbett stated that if the usage was decreased, due to the winter average billing being reduced, in order to refinance the bonds, the rates would have to be increased. Director Hurst stated that she found it hard to believe that the determination could be made without any benefit of numbers or studies conducted. Mr. Corbett stated that he was basing the determination on the fact that LRWW Staff looked at the months from November - April, and the usage decreased from 600 cubic -feet per month to 500 cubic -feet per month, which would mean a decrease in revenue. Director Hurst made the motion, seconded by Director Adcock, to include the amendment that would set the rates based on average billing for the months of November — February. Mayor Stodola stated that if the motion passed, the request would most likely be made to defer the item in order for the impact to be assessed. Director Hurst stated that if the ordinance could be tabled for one (1) -week to give LRWW Staff time to research the information, she would remove her motion. Director Adcock stated that she would remove her second of the motion. Director Hurst made the motion, seconded by Director Richardson, to table the ordinance for one (1) -week for the purpose of providing LRWW Staff the necessary time to research the proposed four (4) -month average winter billing months. By unanimous voice vote of the Board Members present, the ordinance was tabled. 15. ORDINANCE NO. 20,590: 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. (First Reading Held on May 1, 2012) (Second Reading Held on May 15, 2012) The ordinance was read a third time. Little Rock Board of Directors Meeting June 5, 2012 6:00 PM Mayor Stodola opened the public hearing on to establish the sewer service line charge 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. Vice Mayor Kumpuris made the motion, seconded by Director Cazort, to call the question on the vote. By unanimous voice vote of the Board Members present, the question to vote was called. By voice vote of the Board Member present, with Director Richardson voting Present, the ordinance was approved. By voice vote of the Board Member present, with Director Richardson voting Present, the emergency clause was approved. CITIZEN'S COMMUNICATION Barbara Jones: Returning on the Same Subject Trey Weir: Various Items Daniel Hopwood, 4317 Maryland Avenue: Tech Park Rohn Muse, 822 Lewis Street: Tech Park Sam Raines: Senior Olympics Rev. Wendell Griffen, 6120 West 33 Id Street: Little Rock Technology Park Director Hendrix asked Officer Herbert, who was present in the audience, to step to the podium. Director Hendrix stated that in a recent incident in Southwest Little Rock, Officer Herbert, along with several other Officers, had chased a murder suspect on foot and had apprehended him. Vice Mayor Kumpuris made the motion, seconded by Director Cazort, to recess the meeting until June 12, 2012, for the purpose of addressing the sewer rate ordinance and an issue with Wellspun. By unanimous voice vote of the Board Members present, the meeting was recessed until June 12, 2012. ATTEST: Toya obinson, 'stant City Clerk APPROVED: Mark 9t6dola, Mayor 8