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HomeMy WebLinkAbout07-17-12Little Rock Board of Directors Meeting July 17, 2012 6:00 PM Little Rock Board of Directors Meeting July 17, 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; Wyrick; Adcock; Vice Mayor Kumpuris and Mayor Stodola. Directors Absent: Wright and Fortson. Director Joan Adcock delivered the invocation, which was followed by the Pledge of Allegiance. Mayor Stodola recognized Charles Lehigh from Scout Troop No. 55, who was present in the audience working on his Citizenship in the Community Merit Badge. PRESENTATIONS Neighborhoods USA Update ADDITIONS: M -1 MOTION: To approve the minutes of the Little Rock City Board of Directors meeting of June 5, 2012; and the Little Rock City Board of Directors Reconvened Meeting of June 12, 2012. M -2 RESOLUTION: To appoint a successor Commissioner for the Quapaw Central Business Improvement District #3 of Little Rock, Arkansas; and for other purposes. Synopsis: Appointment of Anita Davis for a six (6) -year term. Reappointment of Joe Fox for a six (6) -year term. M -3 RESOLUTION: To express the willingness of the City of Little Rock to utilize Federal -Aid Recreation Funds for the Rock Creek Trail extension; and for other purposes. Synopsis: A resolution to authorize City Manager to utilize Federal -aid project funds to construct new trail facilities for the Rock Creek Trail. Director Cazort made the motion, seconded by Director Adcock, to add Items M -1, M -2 and M -3 to the Consent Agenda. By unanimous voice vote of the Board Members present, Items M -1, M -2 and M -3 were added to the Consent Agenda. DEFERRALS: City Manager Bruce Moore stated that there had been some confusion regarding the number of Board Members that would be present at that night's meeting and concerning the ability to vote to suspend the rules and place the ordinances on second and third reading. Because it was originally thought that there would not be eight (8) members present to vote to suspend the rules, the applicants for Item 9 and Item 13 had asked for their respective items to be deferred until August 7, 2012. Little Rock Board of Directors Meeting July 17, 2012 6:00 PM 9. ORDINANCE; Z- 7131 -C: To approve a Planned Zoning Development and establish a Planned Residential District titled Vallon Long -Form PD -R, located at 16509 Chenal Valley Drive, 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, 0 absent and 1 recusal. Staff recommends approval. Synopsis: The request is to rezone the property from MF -24, Multi - Family District, to PD -R, Planned Residential Development, to allow for the construction of forty (40) units of new residential duplexes on the site. 13. ORDINANCE: Z -8774: 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: 10 ayes, 0 nays and 1 absent. Staff recommends approval. Synopsis: The owners of the 5.5 -acre property located at the southwest corner of Kanis Road and Edswood Road are requesting that the zoning be reclassified from R -2, Single - Family, to C -3, General Commercial. 17. RESOLUTION; 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, Litle Rock, Arkansas; and for other purposes. Planning Commission: 7 ayes, 2 nays, 1 absent and 1 abstention. 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 at 102 Brookside Drive. (Deferred until August 7, 2012, at the record objector's request) 20. ORDINANCE: To provide for the issuance and sale of a series of Library Construction and Refunding Bonds for the purpose of funding acquisition, construction and equipping of Library Capital Improvement Projects; to refund and outstanding series of Library Construction Bonds; pledging library tax revenues and special tax collections sufficient to pay the principal of and interest on the bonds; to authorize the execution and delivery of a trust indenture; authorizing the accomplishment of the projects; to approve an official statement; to declare an emergency; and for other purposes. (Deferred until August 7, 2012, at the applicant's request) Director Adcock made the motion, seconded by Director Cazort, to defer Items 9, 13, 17 and 20 until the August 7, 2012, Board of Directors Meeting. By unanimous voice vote of the Board Members present, Items 9, 13, 17 and 20 were deferred until August 7, 2012. CONSENT AGENDA (Items 1 — 6 and Items M -1 - M -3) 1. MOTION: To approve the minutes of the Little Rock City Board of Directors meetings of April 17, 2012, May 1, 2012, and May 15, 2012. 2. RESOLUTION NO. 13.531: G -24 -039: To set August 21, 2012, as the date of hearing on the petition to close the platted ten (10) -foot path between Lots 186 and 187, Prospect Terrace Addition, and walkway easements in Lots 1 and 2, Villareal's Replat of Lots 186, 187 and 188, Prospect Terrace Addition in the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. Synopsis: The owners of the properties at 5405 and 5415 Sherwood Road, Victor and Susan Fleming and John Emerson, are asking for the closure of a platted ten (10) -foot path between Lots Little Rock Board of Directors Meeting July 17, 2012 6:00 PM 186 and 187, Prospect Terrace Addition and walkway easements in Lots 1 and 2, Villareal's Replat of Lots 186, 187 and 188, Prospect Terrace Addition. 3. RESOLUTION NO. 13.532: To authorize the City Manager to utilize the National Joint Powers Alliance, a national municipal contracting agency, when purchasing vehicles and equipment; and for other purposes. Staff recommends approval. Synopsis: Approval of a resolution authorizing the City Manager to utilize the National Joint Powers Alliance (NJPA), a national municipal contracting agency, when purchasing vehicles and equipment. 4. RESOLUTION NO. 13.533: To authorize the City Manager to reallocate the proceeds of the Ray Winder Field sale to fund the construction of the War Memorial Tennis Courts; and for other purposes. Staff recommends approval. Synopsis: A resolution to authorize the City Manager to reallocate fund proceeds of Ray Winder Field to War Memorial Tennis Courts. 5. RESOLUTION NO. 13.534: To authorize the City Manager to apply for and enter into grant agreements with the Arkansas Economic Development Commission for economic development with Community Development Block Grant Disaster Funding; and for other purposes. Staff recommends approval. Synopsis: A resolution authorizing the City Manager to apply for and enter into agreements for an Arkansas Economic Development Commission (AEDC) CDBG Disaster Grant Application for job creation for Goodwill Industries of Arkansas. 6. RESOLUTION NO. 13.535: To authorize the City Manager to apply for and enter into grant agreements with the Arkansas Economic Development Commission for economic development with Community Development Block Grant Disaster Funding; and for other purposes. Staff recommends approval. Synopsis: A resolution authorizing the City Manager to apply for and enter into agreements for an Arkansas Economic Development Commission (AEDC) CDBG Disaster Grant Application for job creation for Welspun Tubular of Arkansas. M -1 MOTION: To approve the minutes of the Little Rock City Board of Directors meeting of June 5, 2012; and the Little Rock City Board of Directors Reconvened Meeting of June 12, 2012. M -2 RESOLUTION: To appoint a successor Commissioner for the Quapaw Central Business Improvement District #3 of Little Rock, Arkansas; and for other purposes. Synopsis: Appointment of Anita Davis for a six (6) -year term. Reappointment of Joe Fox for a six (6) -year term. M -3 RESOLUTION: To express the willingness of the City of Little Rock to utilize Federal -Aid Recreation Funds for the Rock Creek Trail extension; and for other purposes. Synopsis: A resolution to authorize City Manager to utilize Federal -aid project funds to construct new trail facilities for the Rock Creek Trail. Director Cazort made the motion, seconded by Director Hines, to approve the Consent Agenda. Director Richardson stated that when the Board discussed the funds that would be received from the sale of Ray Winder Field, he didn't remember the discussion being as specific as to where the funds would be utilized. City Manager Bruce Moore stated that Little Rock Board of Directors Meeting July 17, 2012 6:00 PM the vote regarding the sale was specific as far as the proceeds would be utilized for purchasing additional land for War Memorial Park or improvements to War Memorial Park. By unanimous voice vote of the Board Members present, the Consent Agenda was approved. GROUPED ITEMS (Items 7 — 8, Items 10 —12 and Items 14 -15) 7. ORDINANCE NO. 20,605; Z- 3143 -D: To approve a Planned Zoning Development and establish a Planned Commercial District titled Riviera Maya Mexican Restaurant Revised Short-Form PCD, located at 801 Fair Park Boulevard, Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays and 0 absent. Staff recommends approval. Synopsis: The request is a revision to an existing PCD, Planned Commercial Development, to allow placement of outdoor dining along the northern portion of the existing restaurant building. 8. ORDINANCE NO. 20,606; Z- 4336 -KK: To approve a Planned Zoning Development and establish a Planned Commercial District titled 1021 Martin Luther King Drive Short- Form PCD, located at 1021 Martin Luther King, Jr., Drive, Little Rock Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 aye, 0 nays and 0 absent. Staff recommends approval. Synopsis: The request is a rezoning from 0-2, Office and Institutional District, and R -4, Two - Family District, to PCD to allow for the use of the existing commercial building as an office supply store. Additional retail uses are being requested as allowable alternative uses. 10. ORDINANCE NO. 20,607; Z- 8117 -A: To approve a Planned Zoning Development and establish a Planned Office District titled 15924 Cantrell Road Short-Form PD -O, located at 15924 Cantrell Road, Little Rock Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays and 0 absent. Staff recommends approval. Synopsis: The request is a rezoning from R -2, Single - Family, to PD -O, Planned Development Office, to allow for the use of an existing structure as a professional office. 11. ORDINANCE NO. 20,608; Z- 8208 -A: To approve a Planned Zoning Development and establish a Planned Commercial District titled River Market Tower Revised Short- Form PCD, located at Unit 102 River Market Tower, Little Rock Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays and 0 absent. Staff recommends approval. Synopsis: The request is to amend the currently approved PCD, Planned Commercial Development, to add a food store under 5,000 square -feet of gross floor area, with sales of beer or wine as an allowable use. 12. ORDINANCE NO. 20.609; Z- 8236 -A: To approve a Planned Zoning Development and establish a Planned Commercial District titled Akel Revised Short -Form PCD, located at 8724 Colonel Glenn Road, Little Rock Arkansas, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 11 ayes, 0 nays and 0 absent. Staff recommends approval. Synopsis: The request is to amend the existing PCD, Planned Commercial District, zoning to add a take -out restaurant and a telephone store as allowable uses on the site. 4 Little Rock Board of Directors Meeting July 17, 2012 6:00 PM 14. ORDINANCE NO. 20,610, MSP12 -03: To amend the Master Street Plan; moving the collector designation from Patrick Country Road to Valley Ranch Drive; and for other purposes. Planning Commission: 10 ayes, 0 nays and 0 absent. Staff recommends approval. Synopsis: To amended the Master Street Plan by moving the Collector designation from Patrick Country Road to Valley Ranch Drive. 15. ORDINANCE NO. 20,611: Z- 8301 -C: To approve a Planned Zoning Development and establish a Planned Residential District titled Ranch West Short-Form PD -R, located at 6400 Patrick Country 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 a rezoning of 15.65 acres from 0-3, General Office District, to PD -R, Planned Residential Development, to allow for the creation of a seventy-five (75) lot single - family subdivision. 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 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 (Item 16) 16. ORDINANCE NO. 20.612: G -23 -432: To abandon approximately 1,100 liner -feet of the fifty -five (55) -foot wide Patrick Country Road right -of -way North of Tract E, The Ranch Subdivision, in the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 10 ayes, 0 nays and 1 absent. Staff recommends approval. Synopsis: The adjacent property owners are requesting to abandon approximately 1,100 linear -feet of the fifty -five (55) -foot wide Patrick Country Road right -of -way north of Tract E, The Ranch Subdivision. The ordinance was read a first time. Mayor Stodola opened the public hearing and asked if there were individuals present that wished to speak for or against the item. There being none present, Mayor Stodola closed the public hearing. 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. By voice vote of the Board Members present, with Director Adcock voting in opposition, the ordinance was approved. Little Rock Board of Directors Meeting July 17, 2012 6:00 PM SEPARATE ITEMS (Item 18 and Item 19) 18. RESOLUTION NO. 13,537: To appoint special Commissioners for the Capitol Lakes Sewer Property Owners Improvement District No. 148; and for other purposes. Staff recommends approval. Synopsis: To appoint three (3) new Commissioners to the Capitol Lakes Sewer Property Owners Improvement District Board of Commissioners. Director Adcock made the motion, seconded by Director Cazort, to approve the resolution. By unanimous voice vote of the Board Members present, the resolution was approved. 19. ORDINANCE NO. 20,604: To authorize the issuance and sale of Sewer Revenue Bonds; to provide for the payment of the principal of and interest on the bonds; to declare an emergency; and for other purposes. (First Reading Held on July 12, 2012) (Second Reading Held on July 13, 2012) Director Richardson asked if the issue was time sensitive. Shep Russell, legal counsel for Little Rock Wastewater, stated that the way the City sold bonds was through a negotiated underwriter and the Board had authorized Morgan Keegan and other underwriters to offer the bonds. Mr. Russell stated that once the bonds were offered and the bond purchase agreement signed, the bonds had a certain delivery date with those customers and to have the delivery date fit, a thirty (30) -day referendum period had to pass. Director Richardson asked if the Board voted to move forward with the issuance and sale of the bonds with an on -going investigation into the pilot project, would the Board be subject to any litigation. City Attorney Tom Carpenter stated that by voting to move forward, it would lessen any claim of liability against the City for the Sierra Club litigation. The ordinance was read a third time. By voice vote of the Board Members present, with Director Wyrick voting in opposition and Director Hendrix abstaining, the ordinance was approved. By voice vote of the Board Members present, with Director Wyrick voting in opposition and Director Hendrix abstaining, the emergency clause failed. Mayor Stodola stated that he could vote on the emergency clause, which would make seven (7) ayes; however, it took eight (8) votes to pass the emergency clause. Director Hendrix asked that her abstention be changed to an aye vote on the passage of the ordinance, as well as the emergency clause. By voice vote of the Board Members present, with Director Wyrick voting in opposition, the ordinance was approved. By voice vote of the Board Members present, with Director Wyrick voting in opposition and Mayor Stodola casting an aye vote, the emergency clause passed. CITIZEN'S COMMUNICATION Sam Raines: Senior Olympics 6 Little Rock Board of Directors Meeting July 17, 2012 6:00 PM City Manager Moore distributed copies of the proposed new CATA Routes that were voted on by the Central Arkansas Transportation Board earlier that afternoon. City Manager Moore stated that there would be a series of public hearings regarding the proposed routes. Director Cazort made the motion, seconded by Director Richardson, to adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting adjourned. ATTEST: APPROVED: OJ gley, City Clerk Dean Puns, Mayor