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HomeMy WebLinkAbout11-05-12 Little Rock Board of Directors Meeting November 5, 2012 5:00 PM Little Rock Board of Directors Meeting November 5, 2012 5:00 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. Vice-Mayor Dean Kumpuris delivered the invocation, which was followed by the Pledge of Allegiance. PRESENTATIONS Volunteers in Public School Reading Day Presentation DEFERRAL 9. ORDINANCE: To grant a franchise to the Belle Pointe Property Owner's Association for the placement of four (4) signs that notify the public that the neighborhood is under twenty-four (24)-hour surveillance, and the installation of two (2) security cameras in the right-of-way of the intersection of Pleasant Heights Drive and Belle Pointe Drive; and for other purposes. Staff recommends approval. (Deferred at the applicant's request) Synopsis: Authorizes the placement in the public right-of-way of two (2) security cameras at the intersection of Pleasant Heights Drive and Belle Pointe Drive and four (4) security signs at the intersection of Pleasant Heights Drive and Saddle Hill Drive; intersection of Pleasant Heights Drive and Belle Pointe Drive; and the west cul-de-sac and east cul-de-sac of Belle Pointe Drive at the request of the Belle Pointe Property Owner's Association ("BPPOA"). Director Cazort made the motion, seconded by Director Hines, to defer Item 9 until a date to be determined. By unanimous voice vote of the Board Members present, Item 9 was deferred. CONSENT AGENDA (Items 1 — 6) 1. RESOLUTION NO. 13.595: To approve submission of the 2013 Annual Action Plan for CDBG, HOME and HOPWA Funds; to authorize the City Manager to submit the 2013 Annual Action Plan for consideration by the United States Department of Housing & Urban Development; and for other purposes. Staff recommends approval. Synopsis: The Annual Action Plan delineates the uses of the CDBG, HOME and HOPWA entitlements for the 2013 program year (January 1, 2013 — December 31, 2013). This Board action approves the submission of the Action Plan to the Department of Housing & Urban Development. 2. RESOLUTION NO. 13.596: To award a contract for the 9th Street Extension — Phase 2 Street Construction Project; and for other purposes. Staff recommends approval. Synopsis: Authorizes the City Manager to execute an agreement with Nick Ruffin Excavating, Inc., for the 9th Street Extension—Phase 2 Street Construction Project, Bid No.12-284 1 Little Rock Board of Directors Meeting November 5, 2012 5:00 PM 3. RESOLUTION NO. 13.597: To authorize the renewal of the existing contract with Associates Closing & Title, d/b/a Associates Government Services, 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 option to renew the existing contract with Associates Closing & Title, d/b/a Associate Government Services, LLC, to conduct title searches and issue title commitments for properties for an additional year. Original authorization given pursuant to Resolution No. 13,368. 4. RESOLUTION NO. 13.598: To set November 20, 2012, as the date of hearing on the petition to abandon the north/south alley right-of-way located within the north half of Block 8, Pope's Addition, and the east/west alley right-of-way located within the east half of Block 8, Pope's Addition to the City of Little Rock, Arkansas; and for other purposes. Staff recommends approval. 5. RESOLUTION NO. 13.599: To authorize the lease of property owned by the Institute in Basic Life Principals to provide downtown office space for the Little Rock Police Department for one (1)-year with option to renew for five (5) additional one (1)-year terms, in the amount of $148,400 per year; and for other purposes. Staff recommends approval. Synopsis: The Little Rock Police Department requests authorization to execute a lease with the Institute in Basic Life Principals ("IBLP") for the Department's Downtown Division Office. A one (1)- year lease is requested with option to renew the lease for five(5)additional one (1)-year terms. 6. RESOLUTION NO. 13.600: To authorize the Mayor, City Manager and City Clerk to enter into a lease agreement for parking spaces at the River Market Parking Garage; and for other purposes. Staff recommends approval. Director Adcock made the motion, seconded by Director Cazort, 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 10) 7. ORDINANCE NO. 20.651: To repeal Little Rock, Ark., Ordinance No. 20,555 (March 6, 2012) to establish a local preference for contracts funded solely with City General Fund monies; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: To repeal the local preference for City businesses on contracts funded by the City General Fund. • 8. ORDINANCE NO. 20.652: To dispense with the requirement of competitive bidding and to award a sole source contract to Teeco Safety, Inc., as the sole distributor for Less-Than-Lethal Electronic Control Devices for the Little Rock Police Department; and for other purposes. Staff recommends approval. Synopsis: The Little Rock Police Department is requesting approval to award a sole source contract to Teeco Safety, Inc., as the sole distributor for Less-Than-Lethal Electronic Control Devices manufactured by Taser International. 2 Little Rock Board of Directors Meeting November 5, 2012 5:00 PM 10. ORDINANCE NO. 20.653: To amend Ordinance No. 20,650 (October 16, 2012) in order to clarify when a proponent of an item may withdraw the item without the requirement of a vote of the Board of Directors; to declare an emergency; and for other purposes. Staff recommends approval. 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 I present, the ordinances were approved. By unanimous voice vote of the Board Members present, the emergency clause for Items 7 and 10 were approved. SEPARATE ITEMS (Items 11 — 13) 11. ORDINANCE NO. 20.654: To condemn certain structures in the City of Little Rock, Arkansas, as structural, fire and health hazards; providing for summary abatement procedures; directing the City Manager to take such action as is necessary to raze and remove said structures; to declare an emergency; and for other purposes. Staff recommends approval. Synopsis: Three (3) commercial structures that have become run-down, dilapidated, unsightly, dangerous and detrimental to the public welfare of the citizens of the City of Little Rock. 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. Ken Crow, 1501 North University Avenue, Suite 620: Stated that he was present to speak regarding the property located at 4601 West 65th Street. Mr. Crow stated that an asbestos study had been conducted, a contractor had been hired and he was asking for a sixty (60)-day deferral so that he could demolish the building at his own expense. Director Adcock stated that the one of the biggest complaints received from the neighborhood surrounding the property was the condition of the fencing. Director Adcock asked if the condition of the fencing could be addressed before the sixty (60) day extension had expired. Mr. Crow stated that he would ensure that the condition of the fencing was addressed. Director Richardson made the motion, seconded by Director Cazort, to grant a sixty (60)- day deferral so that the owner could demolish the building at his own expense. By unanimous voice vote of the Board Members present, the motion was approved. 3 Little Rock Board of Directors Meeting November 5, 2012 5:00 PM By unanimous voice vote of the Board Members present, the ordinance as amended was approved. By unanimous voice vote of the Board Members present, the emergency clause was approved. 12. ORDINANCE: To establish an incentive to bidders on appropriate City contracts to hire disconnected adults and youth; and for other purposes. (1st and 2nd Readings held on October 16, 2012) Jimmy Alessi: Stated that he represented the Association of General Contractors of Arkansas and that he was there to speak in opposition to the proposed ordinance. Mr. Alessi stated that the Association was in favor of the concept; however, not the way that the ordinance was written. Director Richardson stated that it was never the intention to provide opportunities to individuals that didn't have any skillset or provide any mandates. Director Richardson 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 roll call vote, the vote was as follows: Ayes: Richardson. Nays: Hurst; Cazort; Hines; Wright; Wyrick; Fortson; Adcock; and Vice Mayor Kumpuris. Present: Hendrix. When asked if she would like to change her vote, Director Hendrix stated that she would like her vote to change her vote to Aye. By a vote of two (2) ayes and eight (8) nays, the ordinance failed. Vice Mayor Kumpuris stated that it was an area that needed to be addressed and had visited with several individuals in the community regarding the issue. Vice Mayor Kumpuris stated that he thought there was a way to address the issue and would be willing to meet with interested individuals to develop an initial start-up program. Director Richardson stated that he looked forward to developing a new program that would be a win-win for all involved. 13. ORDINANCE: To amend Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan construction requirements for Stagecoach Road; and for other purposes. Planning Commission: 8 ayes; 2 nays and 1 absent. Staff recommends denial. Synopsis: Authorizes a waiver of street improvements required under the Master Street Plan for Stagecoach Crossing Preliminary Plat on the south side of Stagecoach Road (Arkansas Highway 5), located at the northeast corner of Stagecoach Road and Herndon Road. 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. 4 Little Rock Board of Directors Meeting November 5, 2012 5:00 PM Bill Rector, 4400 I Street: Stated that the Boundary Street Ordinance and the requirements and/or burden that it placed on property owners that border streets was problematic. Mr. Rector stated that he would volunteer to participate on a committee to review the Boundary Street Ordinance. Director Wright asked if this item was similar to the issue in Ward Six where a developer was granted a deferral in front of a house that was being built. Mayor Stodola stated that a deferral was temporary; whereas, a waiver was permanent. City Manager Bruce Moore stated that in the instance of Item 13, the developer was aware of the requirements and had agreed to the requirements. Keith Wingfield, 6 Tory Court: Stated that he represented the Greater Little Rock Homebuilder's Association and that they were in support of the request for the waiver of Master Street Plan construction requirements. Director Richardson asked why staff was recommending denial of the waiver. City Manager Moore stated that staff typically did not support a waiver of street improvements, as these were the rules on how streets were developed. City Manager Moore stated that at the Planning Commission, the applicant stated that he would make a $30,000.00 donation in lieu of making the street improvements. Director Adcock asked if the applicant had previously requested a deferral when he began the development and if so, had the deferral lapsed. Assistant Public Works Director Ronny Loe stated that the applicant had not requested a deferral; it was part of the phase development. Mr. Loe stated that development initially had three (3) different phases and approximately fifty (50) of the eighty (80) lots had been final platted in the first two (2) phases. The applicant was about to begin the final platting of Phase 3 and staff had called for the street improvements to be made before the final platting for the remaining thirty (30) lots was granted. City Attorney Tom Carpenter stated that the applicant did not have to make the street improvements in the first phase due to the fact that the development was going to be built in phases and the Boundary Street Ordinance allowed the street improvements to be made on the last phase. Director Adcock asked how many homes were built in Phase 1 and 2. Mr. Loe stated that he thought fifty (50) houses had been approved. Mr. Low stated that there were between eleven (11) to thirteen (13) homes that were located along Herndon Road; however, the boundary street improvements on Herndon Road —the entire street instead of the required half street improvements -- were built by the developer of the neighboring Greenwood Acres Subdivision. Director Adcock asked if all the homes in Phase 1 and 2 had been built. Mr. Loe stated that he did not know if they had been built; however, he knew that they had been final platted. Mayor Stodola asked how much of the boundary street improvements were located on Stagecoach Road (Highway 5). Mr. Loe stated that 500 feet of the required improvements were located on Stagecoach Road. Mayor Stodola asked what type of communication had been had with the Arkansas Highway and Transportation Department (AHTD) regarding any future improvements along that portion of Stagecoach Road. Mr. Loe stated that AHTD had indicated that they had no plans to widen that portion of Stagecoach Road. 5 I Little Rock Board of Directors Meeting November 5, 2012 5:00 PM Vice-Mayor Kumpuris asked for a description of the traffic situation as it existed at that time and how it would exist in the future if the waiver was granted. Mr. Loe reported that currently the section of Stagecoach Road was a two (2)-lane road with narrow shoulders and open ditches and the current traffic in the area was approximately 10,000 — 11,000 vehicles per day. Mr. Loe stated that should the waiver be granted, the projected traffic in the area would be approximately 13,000 vehicles per day. Mr. Loe stated that the Master Street Plan construction requirements would widen the roadway, add curb & gutters and underground drainage would make a better safe zone and improve the traffic safety in the area. Chip Bosley: Stated that he was the developer of Stagecoach Crossings and that they had agreed to make the improvements. Mr. Bosley stated that when the development began in 2007, they were able to build the homes $145,000.00; however, with the previous economic downtown, they had to reduce the prices of the homes to $135,000.00. Mr. Bosley stated that the original $145,000.00 included putting money aside to make the required improvements. Mr. Bosley stated that they were approached by another developer and told that they could build $100,000.00 - $105,000.00 homes that would qualify under the bill of assurance that had been filed in 2007. Mr. Bosley stated that they were offered a set amount per lot. Mr. Bosley reported that the amount offered was approximately the same amount that the bank would release the lots to Bosley Homes; therefore, there were no funds to put aside for the development of Stagecoach Road. Mr. Bosley stated that they were ready to open Phase 3; however, they could not move forward without making the improvements to Stagecoach Road. Tim Daters: Stated that AHTD was in the process improving two (2) bridges just to the west of the site. Mr. Daters gave several examples of other Highway 5 improvements that had been made in the past and that AHTD did not utilized right-turn lanes or acceleration lanes on that type of street. Mr. Daters stated that the City's Master Street Plan contained requirements that were easy to address on City streets; however, when the improvements were for a State highway, not only did the developer have to obtain City approval, but also State approval as well. Mr. Daters stated that AHTD did not understand why the City builds right-turn lanes at unsignalized intersections and do not build acceleration lanes on that type of road with that amount of traffic. Mr. Daters stated that it was his opinion that in the future when the traffic increased, AHTD would make the improvements. Director Adcock asked if all the homes in Phase 1 and 2 had been completed. Mr. Bosley stated that there were four (4) remaining homes left in Phase 2. Director Adcock asked how many homes in Phase 1 had been sold at $145,000.00. Mr. Bosley reported that six (6) of the homes had sold at $145,000.00 and that in Phase 2, two (2) homes had sold for $135,000.00, eight (8) homes sold for $125,000.00 and the remainder sold from $100,000.00 - $105,000.00. Director Adcock asked if the developer had given any thought to asking for a deferral for Phase 3 instead of a waiver. Mr. Bosley stated that their offer was to give $30,000.00 in lieu of making the Master Street Plan requirements and to complete the subdivision. Director Adcock asked Mr. Bosley how he decided on the amount of the proposed contribution. Mr. Bosley stated that the $30,000.00 was the amount that they thought they could sell the remainder of the lots to another developer and break-even with the bank. 6 I Little Rock Board of Directors Meeting November 5, 2012 5:00 PM Vice-Mayor Kumpuris made the motion, seconded by Director Wright, to defer action for two (2) weeks in order for staff to visit with AHTD Staff regarding the proposed improvements. City Manager Moore stated that he did not think that two (2) weeks was an adequate amount of time for staff to meet with AHTD and the developer. Vice-Mayor Kumpuris made the motion, seconded by Director Fortson, to amend the motion to a six (6)-week deferral. By voice vote of the Board Members present, with Director Hendrix voting in opposition, the motion was amended. Vice-Mayor Kumpuris made the motion to call the question to vote. By unanimous voice vote of the Board Members present, the question to vote was called. Mayor Stodola stated that Kathleen Olsen, 5717 Hawthorne Road, had filled out a card to speak in opposition on behalf of the League of Women Voter's; however, due to the fact that the vote had been called, she would not be able to speak. By roll call vote, the vote was as follows: Ayes: Hurst; Cazort; Hines; Wright; Fortson; and Vice Mayor Kumpuris. Nays: Hendrix; Richardson; Wyrick and Adcock. By a vote of six (6) ayes and four (4) nays, the item was deferred for six (6) weeks. CITIZEN'S COMMUNICATION Jessie Vernon: Demolition of Wrong House Luke Skrable: Social Commentary —Job Focus Vice-Mayor Kumpuris made the motion, seconded by Director Richardson, adjourn the meeting. By unanimous voice vote of the Board Members present, the meeting was adjourned. ATTEST• APPROVED: I � /2/Ad#i, Sus ey, City Clerk M l Mark Stodola, Mayor