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HomeMy WebLinkAbout03-15-05Little Rock Board of Directors Meeting March 15, 2005 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham March 15, 2005 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey presiding. City Clerk, Nancy Wood called the roll with the following Directors present: Pugh, Hurst, Cazort, Adcock, Vice Mayor Graves, and Mayor Dailey. Director Kumpuris enrolled at 6:30 PM. Directors: Keck, Wyrick, Stewart, Hinton were absent. Director Adcock gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications: ADDITIONS M -1. RESOLUTION 11,936 - Awarding a contract to Township Builders, Inc. for construction of the Franklin Elementary and Bale Elementary School Sidewalk Project. Synopsis: Authorizes the City Manager to execute an agreement with Township Builders Inc. for construction of the Franklin Elementary School and Bale School Sidewalk Project. M -2. RESOLUTION 11,937 - To authorize the purchase of a fifteen thousand square foot parcel of land located at 115 North State Street for the General Government Department; and for other purposes. Synopsis: Short -term financing for the purchase was authorized by LR Ordinance No. 19290, March 1, 2005. The property is located on the corner of State and LaHarp Streets directly behind the City building that houses Little Rock Police Department Communications and Little Rock Department of Information Technology offices. Director Adcock made the motion to add Items M -1 and M -2 to the Consent Agenda; Director Cazort seconded the motion, and by unanimous voice vote of the Board members present, the modifications were made. CONSENT AGENDA (Items 1 -12) 1. MOTION - Z- 3371 -L - To set the date of public hearing for April 5, 2005 on the appeal of the Planning Commission's action to deny a rezoning request from "C -3" to "C -4" located at the south end of Colonel Glen Plaza Drive, along Interstate 430. Planning Commission: 5 ayes, 5 nays, I absent. Staff recommends denial. Synopsis: Glenn Ridge Crossings, LLC, owner of the 13.358 -acre tract located at the south end of Colonel Glenn Plaza Drive, is appealing the Planning Commission's denial of a rezoning request from 11C -3" General Commercial District to 11C -4" Open Display District. Little Rock Board of Directors Meeting March 15, 2005 6:00 PM 2. MOTION - Z- 4768 -B - To set the date of public hearing for April 5, 2005 the appeal of the Planning Commission's action to deny the establishment of a planned zoning district titled Valley Oaks Court Long -Form POD, located on Mabelvale West Road, just east of Southwest hospital. Planning Commission: 5 ayes, 6 nays. Staff recommends approval. Synopsis: The applicant is proposing the rezoning of this 20.99 -acre tract currently zoned 0-3, General Office District to POD to allow the development of the property with a mix of single - family, office and commercial uses. 3. RESOLUTION 11,938 - G -23 -341 - To set the date of public hearing for April 5, 2005 on the petition to abandon a right -of -way at West 10th Street, located between Spring and Broadway Streets. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: EZ Financial Management, LLC requests to abandon a portion of the West IOth Street right -of -way located between Spring and Broadway Streets. 4. RESOLUTION 11,939 - G -23 -342 - To set the date of public hearing for April 5, 2005 on the petition to abandon a right -of -way at Schiller Street, located between Maryland Avenue and Interstate 630. Planning Commission: 9 ayes, 0 nays, 2 absent. Staff recommends approval. Synopsis: Arkansas Children's Hospital and Union Rescue Mission request to abandon the one block section of Schiller Street right -of -way between Maryland Avenue and Interstate 630. 5. RESOLUTION 11,940 - To authorize the City Manager to enter into an agreement to provide sewer service to a home outside the City Limits within an `Island' and other matters. Staff recommends approval. Synopsis: To allow a home in an `island' to connect to the sewer system without annexation. 6. RESOLUTION 11,941 - Authorizing the use of eminent domain on the Caylor Lane Street Improvement Project (Eva Lane to Chicot Road). Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing use of eminent domain for up to seven (7) parcels of land on the Caylor Lane (Eva Lane to Chicot Road) Street Improvement Project. 7. RESOLUTION 11,942 - Authorizing the use of eminent domain on the Stephens & Baseline Elementary School Sidewalk Project. Staff recommends approval. 2004 Bond Project. Synopsis: Authorizing the use of eminent domain for up to seven (7) parcels of land on the Stephens & Baseline Elementary School Sidewalk Project. 8. RESOLUTION 11,943 - Awarding a contract to Gene Summers Construction, Inc. for construction of the "M" Street (Georgia Street to Florida Street) Street Reconstruction Project. Staff recommends approval. 2004 Bond Project. Synopsis; Funding for this project is from 2004 Bond Capital Improvement Program. 9. RESOLUTION 11,944 - Awarding a contract to Township Builders, Inc. for construction of the Mabelvale Elementary and Mabelvale Middle School Sidewalk Project. Staff recommends approval. 2004 Bond Project. Synopsis; Funding for this project is from 2004 Bond Capital Improvement Program 10. RESOLUTION 11,945 - Awarding a contract to Township Builders, Inc. for construction of Forest Park Elementary and Fair Park Elementary School Sidewalk Project. Staff recommends 2 Little Rock Board of Directors Meeting March 15, 2005 6:00 PM approval. 2004 Bond Project. Synopsis; Funding for this project is from 2004 Bond Capital Improvement Program 11. RESOLUTION 11,946 - To authorize the Mayor and City Clerk to grant a Right -of -Way easement for the purpose of constructing a sewer line over a portion of certain land owned by the City of Little Rock, located in Oak Forest Gardens Annex Park in the City of Little Rock, Pulaski County, Arkansas; and for other purposes. Staff recommends approval. Synopsis: The purpose of the easement is to permit the Utility to replace the existing line which is hydraulically inadequate and needs upsized. 12. RESOLUTION 11,947 - To authorize the purchase of one Pipe Camera Inspection System from Sweco for the Public Works Department. Staff recommends approval. Synopsis: Purchases are allocated in the 2004 Short Term Financing. The lowest bid was in the amount of $78,794 for the camera and trailer and $1,200 for additional camera tires. The Consent Agenda was read, which included items 1 -12 and Items M -1 and M -2. Director Adcock made the motion, seconded by Director Cazort to adopt the Consent Agenda. By unanimous voice vote of the Board members present, the Consent Agenda was adopted. Mayor Dailey, in reference to Item 13, asked the City Attorney in view of the fact that there were not enough Board members present to act on passing an ordinance if the public hearing should be opened or the item deferred, and to notify parties of interest, that it would not be acted on tonight. Mr. Tom Carpenter City Attorney, stated there would have to be a new notification process for the improvement district. He thought the concept of opening the public hearing would be fine. He stated he knew there were a number of questions on this item that some Board members and some staff members would like to have answered, so felt the public hearing would be a good time to raise those questions and the questions could be answered before the next meeting. Mr. Carpenter advised to open the public hearing, and not read the ordinance the first time. Mayor Dailey asked Mr. David Menz, the attorney for the district, if he saw the dilemma both in terms of questions, and the fact there are not enough members present to suspend the rules. Mr. Menz stated he did understand that, but would like to get the public hearing over with because it does involve a publication which was expensive and also requires mail certified receipt requests. Mayor Dailey declared the public hearing open. Mr. Menz stated that Mr. Chuck Clifton, is the local realtor, and has been working on this project for about a year and a half, and basically felt this qualifies for infill development. The property is south of Colonel Glenn the old Asher Avenue, near First Tee and the Western Hills Country Club. This is property that is not worth much, he believed. It had been platted for a long time, and Mr. Clifton has bought up most of the lots and wanted to put in a development for affordable housing. Obviously the City will not put the infrastructure in for the district, so he wants to put in drainage and streets and the requisite water and sewer in order to sell lots to people out there. Mr. Menz stated he would let Mr. Clifton tell the Board what his plans are for the area. Mr. Clifton stated it had been approximately two years since he had been contacted by a gentleman that owned about eight lots, which are basically plots of ground that would be lots if it were developed. He stated Little Rock Board of Directors Meeting March 15, 2005 6:00 PM that they put the lots on the Multiple Listing Service, listing them at $300 each, at the owners suggestion, and they didn't get any interest in the property. He said after over a year, they had one lady, Ms. Zeck, which is now M.E. Zeck, LLC, offered $200 a piece for the lots. There had not been any activity out there in years, except thorough the Land Commissioners Office where occasionally somebody passed property from one generation to the other. Mr. Smith, the gentleman with the eight lots, knew another gentleman who had five lots, and sold them for $200 each. They saw there then might be a possibility of some value if there were enough owners together to act in concert. He said they contacted every owner they could, but there were several owners they were not able to contact. Mr. Clifton said they were contacted to see if they would like to help develop or would like to sell their property. He said it was suggested by the engineer for cost purposes, that the 137 lots be divided into two phases. The first phase would be 95 lots and the second phase being the balance. He said his client has acquired title to 52 lots out of the 97 which qualifies it, as he understands it, to be a municipal special improvement district. He said he understood that since there is not a common ownership they cannot be replatted, that nothing can be done except as originally platted. The original plots were 50 foot lots, but not legal for new developments anymore. He stated he had the understanding that the lots can only be developed by this method because of lack of common ownership. Some of the families have owned the property since 1953. Mr. James Pierce, area resident and James LaBorde, President of Westwood Neighborhood Association, spoke in opposition to the formation of the district. Their concerns were that as the property is developed, they would have flooding problems, and questioned ownership of the 52 lots, some of the neighbors were not notified until yesterday, the project is unclear, and they don't know if there will be single - family homes, apartment houses, etc. They questioned the emergency clause in the ordinance, the size of the lots, where the entrance to the subdivision would be located, and the taxes on an improvement district, why the Planning Commission was not involved, what the boundaries of the district would be. Mayor Dailey stated he thought some valid questions were raised tonight, and thought those questions could be part of the deliberation of the Board and could be used for additional discussion at the neighborhood level. Director Cazort stated in looking at the plat map, he wanted to know what constitutes the boundaries of the proposed improvement district. A map was presented that showed the boundaries, and asked staff if there is evidence that there are 51 % of the property owners inside the indicated boundary who have petitioned for this district. Mr. Carpenter stated it was the value of the ownership, 51 % value of the land, and yes that was provided to staff. Director Cazort asked who determined the appraised value. Mr. David Menz answered that Beach Abstract Company has filed a Certificate with the City and they go back and look at the assessments on all the properties and make that judgment, working off the county's assessment of the values. Mr. Menz stated the four people who signed the petition make up the majority of the owners. There are other owners. Director Cazort asked if the improvement district is approved will there ever be a plan that the Board or staff will review for development. Mr. Menz stated that he assumed the engineer for the project would work with the city to make certain everything was done right because the streets, the water and the sewer would all have to be done up to city code and whenever he has done an improvement district, once the improvements go in. The city has to approve them before they go in to make certain that they match city requirements. The ultimate desire is for the improvements to be donated to the city and become part of the city infrastructure. The goal is to build single family homes. Mr. Menz stated the only purpose of the district is to finance the infrastructure. Director Cazort asked what improvements would be Little Rock Board of Directors Meeting March 15, 2005 6:00 PM done if this improvement district is approved. Mr. Menz stated the petition states it's for everything, water, sewer, streets, drainage, curbs, gutters; basically it is a multi - purpose improvement district. Director Adcock asked if there would be sufficient right -of -way since these lots were so small. Mr. Clifton stated there is sufficient right of way for streets to be up to today's standards. He said they have spoken to Public Works regarding this. He stated he was trying to do something that would help the owners, and help the city and thought they had worked out the objections that they knew about. Director Adcock asked staff to address this question. Director Adcock said she had spoken to Mr. Day, Interim City Manager, about this because there is a question if some of this property is actually parkland now because this plat was made in 1953. She stated there have been a lot of changes in that area since then, and stated she had talked to Mr. Bozynski about the plat since it is a 1953, and if it can be build to that standard or if it has to be brought up to day's standard. Director Adcock also noted that there is a cemetery on the property, and there is a question about the ownership of the cemetery. She stated there are a lot of questions, and would like to defer the item for thirty days to allow Westwood Neighborhood Association to meet with Mr. Clifton and meet with city staff so everyone will be clear on the issues. Mayor Dailey closed the public hearing. Director Adcock made a motion to defer Item 13 for thirty days. Mr. Carpenter stated there would be three weeks until the next meeting anyway, so rather than the first meeting in April, why not defer to the second meeting in April. Director Adcock agreed to this date. Director Hurst seconded the motion, and by majority voice vote of the Board members present, Item 13 was deferred. Pugh, Hurst, Adcock, Vice Mayor Graves, and Mayor Dailey, Director Kumpuris Director Cazort voted in favor. Director Cazort voted against the deferral. The item was deferred to April 19, 2005. 13. PUBLIC HEARING & ORDINANCE - Deferred to April 19, 2005 - For the formation of Little Rock Municipal Improvement District No. 9, Brookside Park Addition in the City of Little Rock, Arkansas, and for other purposes. 14. EXECUTIVE SESSION & RESOLUTION - Deferred to April 5, 2005 - Appointments to the Children, Youth, and Families Commission and Board of Adjustment. CITIZENS COMMUNICATIONS Speaker: Reverend Ricky Hicks Topic: Endorsing Mr. Carlos Corbin for Little Rock Chief of Police Speaker: Reverend H. D. Stewart, Jr. Topic: Homelessness Conference — Issues regarding Homelessness in the City of Little Rock. Rev. Stewart stated they have another conference schedule for tomorrow at 10 am, and invited the Board attend. Little Rock Board of Directors Meeting March 15, 2005 6:00 PM Mr. Bruce Moore, City Manager, announced that a Board of Directors work session is scheduled for March 22nd, at 4:00 PM and would have a presentation that staff has been working on with UALR that is entitled a "Ten Year Plan to Address Chronic Homelessness ". Mr. Moore invited members of the public and Reverend Stewart to attend, and stated this will be on the only item discussed during this work session. Mayor Dailey stated the Senate Committee on City County Public Affairs gave a do pass to a bill that would create, if approved by the General Assembly that would create a homeless task force a the state level that would begin to address this issue at the state level also. Director Pugh stated she attended Reverend Stewarts last conference and found that when you actually get out and talk to the homeless, that all of these people don't want to be homeless and all they need is a little help, not a "hand out" but a "hand up" to help them get somewhere and get a job and go to work. Mayor Dailey announced that on Monday, March 21 st, from 7 PM to 8 PM he and the City Manager would be having the Talk Live Show, where people can call in (244 -5469) and ask questions regarding city issues. Director Kumpuris made a motion to adjourn, Director Pugh seconded the motion and by unanimous voice vote of the Board members present, the meeting adjourned at 6:45 PM. ATTEST: N n c y W , C M C City Clerk on APPROVE: kQlAg 4iA Dailey Mayor