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10-21-97IN Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas October 21, 1997 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, Kelly, and Adcock - total 9; Absent - Director Joyce - total 1. With a Quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Adcock, followed by the Pledge of Allegiance. The Alltel Arena Project update presentation was given by Bob Russell, Charlie Foster, Michael Marion, Nina Cash and others. Mayor Dailey read a proclamation which proclaimed October 25 -31, 1997 as Red Ribbon Week in the City of Little Rock. He then presented the proclamation to Betty Herron, Executive Director of Arkansans for Drug Free Youth, and Mr. Doug Parrish, President of Arkansans for Drug Free Youth. Public Works Director Chandra Russell and several members of her staff were recognized for the Arkansas Quality Commitment Award received October 20, 1997. Mr. Joseph Kaufrnan, a member of the MacArthur Military History Museum Commission, presented the Commission's 1998 funding request to the Board of Directors. He stated the plan of the Commission is to renovate and remodel the old arsenal building (being vacated by the Arkansas Museum of Science and History) in MacArthur Park to house a first class museum to honor the birthplace of General Douglas MacArthur as well as all of the men and women who have served in the armed forces of our United States. Other members speaking were Don Hamilton and Craig Raines. Mr. Raines said the Commission is asking the Board of Directors to fund ten percent (10 %) of the $353,500 proposed 1998 Budget. The Commission has developed a fund raising plan to acquire the rest of the $353,500. Advocates for Battered Women representatives Mary Ruth Baker and Connie Parker responded to the proclamation presented on October 7, 1997, which declared the month of October, 1997 as Domestic Violence Awareness Month in the City of Little Rock. Ms. Maureen Rose, Waste Management Inc., announced Little Rock Recycling Day on November 15, 1997 and encouraged everyone to participate in conjunction with America Recycles Day. Assistant City Manager William Hunter read a prepared statement in which he announced his resignation, effective November 1, 1997, stating he had accepted the position of City Manager at Riviera Beach, Florida. Director Kelly distributed copies of a proposed Resolution titled: "A RESOLUTION OF INTENT TO OPPOSE THE CURRENTLY PROPOSED ONE - QUARTER CENT SALES AND COMPENSATING USE TAX TO FINANCE COUNTY JAIL OPERATIONS; CALLING FOR ADDITIONAL STUDY OF THE ISSUE; AND FOR OTHER PURPOSES." (The Pulaski County sales tax election is scheduled for November 4, 1997.) He then moved to add the Resolution to the Agenda and the motion was seconded by Director Wilson. Director Adcock then moved amend (Condensed per BM 4- 2 -98.) 1 Minutes October 21, 1997 taxicab company. Mayor Dailey and Director Keck were supportive of adding a provision regarding limousine service as an option to be discussed. Director Cazort proposed three separate amendments to the Ordinance: (1) new cab companies must have insurance coverage and those without insurance must have signage on both sides of vehicle with the Board designating size of letters and colors; (2) granting airport limousine service; and (3) the provision for the City taking over all taxicab service. Mr. Steve Raymond spoke briefly about providing limousine service on a reservation basis, fares would be on a zone rate. Director Kumpuris requested that Airport Manager Deborah Ledwell be present to provide input regarding airport taxicab /limousine service. Director Hodges suggested that the dress code be included in the Ordinance. There being no further discussion, the Ordinance was left on the calendar for third and final reading on November 4,1997. Assistant City Manager Cy Carney gave a brief activity and project report regarding two employee benefit packages: (1) the Section 125 IRS Benefit Plan and (2) the Catastrophic Sick Leave Bank. He also noted that the Little Rock Fire Department received a perfect score during the annual FAA rating of the Little Rock National Airport. At the time allotted for Citizen Communications, the only speaker was Mr. Bill Asti, who spoke on behalf of the Coalition of Little Rock Neighborhoods. He distributed a written communication from Mr. Al Porter, Coalition President, regarding the Pulaski County Jail Tax on the ballot for November 4, 1997, in which he recommended a "No" vote. The proposed tax is bad public policy and a bad tax. Mr. Asti also said the Coalition would like for the Board of Directors to hold interviews of the applicants for appointment to the Little Rock Planning Commission, and that the interviews be conducted in open public forum and be televised. Director Wyrick moved to hold public televised interviews of applicants for appointment to the Little Rock Planning Commission. The motion was seconded by Director Adcock and adopted by a voice vote. Director Hodges objected to taking the vote before discussion. Director Keck then moved to expunge the vote. Director Hodges stated he was not in favor of the public televised interviews. Mayor Dailey said he was not supportive of the public interviews either, but would be willing to try it this time. Director Wyrick said she did not intend to set a precedent, but felt it was important to conduct the interviews this time because there will be four vacancies on the Planning Commission to be filled in November. Director Keck repeated his motion to expunge the vote. The motion was seconded by Director Cazort, and a roll call vote was taken as follows: Ayes - Directors Hodges, Cazort, Keck, and Kumpuris - total 4; Noes - Directors Adcock, Hinton, Wyrick, Kelly and Mayor Dailey - total 5; Absent - Directors Wilson and Joyce - total 2. Mayor Dailey announced that the motion to expunge the vote had failed. Director Cazort then moved to have a roll call vote on the motion to hold public televised interviews of applicants for appointment to the Planning Commission. The motion was seconded by Director Keck and unanimously adopted. Therefore, a roll call vote was taken as follows: Ayes - Directors Adcock, Hinton, Wyrick, Kumpuris, Kelly, and Mayor Dailey - total 6; Noes - Directors Hodges, Cazort, and Keck - total 3; Absent - Directors Wilson and Joyce - total 2. Mayor Dailey stated that the motion to hold public televised interviews was adopted. The Board is scheduled to make appointments at the first meeting in November; however, the Board agreed to do the interviews at another date, since November 4, 1997 is also Election Day for the Pulaski County Jail Tax Proposal. Director Cazort stated that several weeks ago the City received notice from Southern Communications that they were not required to enter into a franchise agreement or pay franchise taxes because they were buying their telephone lines in bulk from Southwestern Bell and were in fact paying the franchise fees to Southwestern Bell. (Director Wyrick was excused at 10:08 o'clock P.M. because she is employed by Southwestern Bell.) Director Cazort said he had asked Southwestern Bell to investigate and clarify how that situation works. He had received a fax from Southwestern Bell stating they did not collect franchise fees from companies that sell bulk lines. They collect franchise fees from their in -use customers. Since the information received from (Condensed per BM 4- 2 -98.) 10 i 50 Minutes October 21, 1997 Southern Communications was incorrect, he asked the City Manager and City Attorney to immediately contact Southern Communications for the purpose of entering into a franchise agreement and for the purpose of determining how much franchise fees have been owed to the City of Little Rock since the company began doing business. City Attorney Tom Carpenter said if it is not long distance, the City would not be able to assess them a fee since there was no franchise agreement in place. We will either have to get one in place or do a cease and desist. There being no further business to be presented, the Board of Directors adjourned at 10:10 o'clock P.M. to meet again in regular session on Tuesday, November 4, 1997, at 6:00 o'clock P.M. ATTEST: City Clerk Robbie Hancock (Condensed per BM 4- 2 -98.) 11 APPROVED: 1"/ Ak ayor Jim Dailey Minutes October 21, 1997 Director Kelly's motion to recess this meeting and look at the proposed Resolution next Tuesday (October 28) with both sides making presentations, and the motion was seconded by Director Wyrick. Director Kelly said he would not oppose waiting until Tuesday. Director Adcock's motion failed by the following vote: Ayes - Directors Kelly, Adcock, Hinton, and Wyrick - total 4; Noes - Directors Wilson, Hodges, Cazort, Keck, Kumpuris, and Mayor Dailey - total 6; Absent - Director Joyce - total 1. A roll call vote was then taken on the original motion to place the Resolution on the Agenda as follows: Ayes - Directors Wilson, Hinton, Wyrick and Kelly - total 4; Noes - Directors Adcock, Hodges, Cazort, Keck, Kumpuris and Mayor Dailey - total 6; Absent - Director Joyce - total 1. Therefore, Mayor Dailey announced that the motion to place the Resolution on the Agenda had failed. Consideration was then given to the Consent Agenda, consisting of the following items: (1) Approval of the Minutes of the Board of Directors regular meeting held January 7, 1997. (2) A Motion naming Cy Carney as Acting City Manager effective November 1, 1997 with a 10% salary increase. (3) Resolution No. 10,102, entitled: A RESOLUTION OF SUPPORT FOR A SCHOOL -BASED COMMUNITY CENTER CONCEPT; DIRECTING THE CONTINUANCE FOR DEVELOPMENT OF AN IMPLEMENTATION PLAN IN PARTNERSHIP WITH THE LITTLE ROCK SCHOOL DISTRICT AND VARIOUS OTHER ORGANIZATIONS; AND FOR OTHER PURPOSES. (4) Resolution No. 10,103, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE ALLEYS IN BLOCK 34 OF JOSEPHINE PANKEY'S THIRD ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (November 4, 1997.) (5) Resolution No. 10,104, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE SOUTH 58 FEET OF THE ROOSEVELT ROAD EXCESS RIGHT -OF -WAY ADJACENT TO 2001 EAST ROOSEVELT ROAD (HOMER'S RESTAURANT) IN THE CITY OF LITTLE ROCK, ARKANSS. (November 4, 1997.) (6) Resolution No. 10,105, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF PUBLIC HEARING ON AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF LITTLE ROCK AND THE CITY OF CAMMACK VILLAGE FOR SEWER SERVICE TO THE CITY OF CAMMACK VILLAGE; AND DECLARING AN EMERGENCY. (November 4, 1997.) (Condensed per BM 4- 2 -98.) 2 41 42 Minutes October 21, 1997 (7) Resolution No. 10,106, described as: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF PUBLIC HEARING ON AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF LITTLE ROCK AND THE CITY OF ALEXANDER FOR EXTENSION OF SEWER SERVICE TO THE CITY OF ALEXANDER AND FOR TREATMENT OF SEWAGE FROM ALEXANDER, APPROVING AND ACCEPTING AN EASEMENT; AND DECLARING AN EMERGENCY. (November 4, 1997.) (Mr. Don Hamilton, attorney for Little Rock Wastewater Utility, said he would have answers to Director Wyrick's questions at the public hearing, regarding whether the money should go to the Sewer Improvement District or to the Wastewater Utility and was it negotiated with Sewer Improvement District No. 142.) (8) Resolution No. 10,107, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENGINEERING SERVICES CONTRACT WITH CARTER & BURGESS, INC. CONSULTING ENGINEERS FOR THE RECONSTRUCTION AND /OR WIDENING OF UNIVERSITY AVENUE, PHASE II FROM ASHER AVENUE TO WEST 28TH STREET, A JOINT PROJECT WITH THE ARKANSAS HIGHWAY & TRANSPORTATION DEPARTMENT UTILIZING INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) MONIES. (9) Resolution No. 10,108, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENGINEERING SERVICES CONTRACT WITH BLAYLOCK, THREET, PHILLIPS & ASSOCIATES, INC. CONSULTING ENGINEERS FOR THE RECONSTRUCTION AND /OR WIDENING OF RODNEY PARHAM ROAD FROM HINSON ROAD TO WOODLAND HEIGHTS, A JOINT PROJECT WITH THE ARKANSAS HIGHWAY & TRANSPORTATION DEPARTMENT UTILIZING INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) MONIES. (10) Resolution No. 10,109, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENGINEERING SERVICES CONTRACT WITH GRIMES CONSULTING ENGINEERS FOR THE RECONSTRUCTION AND /OR WIDENING OF SEGMENTS OF NAPA VALLEY FROM HINSON ROAD TO BOWMAN ROAD, A JOINT PROJECT WITH THE ARKANSAS HIGHWAY & TRANSPORTATION DEPARTMENT UTILIZING INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) MONIES. (11) Resolution No. 10,110, described as: A RESOLUTION AUTHORIZING THE PURCHASE OF 13.24 ACRES LOCATED ON JAMISON ROAD TO BE USED TO STORE VEHICLES FOR THE NEW CITY IMPOUND FACILITY AT 3312 J.E. DAVIS DRIVE FOR THE GENERAL SERVICES DEPARTMENT. (12) Resolution No. 10, 111, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PHILLIPS CONSTRUCTION COMPANY IN THE AMOUNT OF $52,500 TO CONSTRUCT A NEW AFFORDABLE HOME AT 1220 COLLEGE STREET, A COLLEGE STREET MODEL BLOCK PROJECT. (Condensed per BM 4- 2 -98.) 3 43 Minutes October 21, 1997 (13) Resolution No. 10,112, entitled: A RESOLUTION AUTHORIZING A RIGHT -OF -WAY EASEMENT ACROSS CITY OF LITTLE ROCK PARK PROPERTY THAT IS PARALLEL TO STAGECOACH ROAD FOR USE AND BENEFIT OF THE LITTLE ROCK WASTEWATER UTILITY FOR THE EXTENSION OF A SEWER LINE TO WEST WOOD APARTMENTS. (14) Resolution No. 10,113, with the title being: A RESOLUTION TO ADOPT THE VOLUNTEERS SUMMIT OF ARKANSAS AS A PROGRAM TO BE SUPPORTED BY THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. Upon a motion and second by Directors Adcock and Cazort, respectively, the Consent Agenda was adopted by unanimous voice vote. Item 15 on the Agenda was a public hearing on Zoning Appeal Z -6346 - 8910 Sunset Lane, filed by Mr. David W. Jacks. Since the applicant failed to send the required notices as noted on the Addendum to the Agenda, Director Keck moved to reschedule the public hearing on Zoning Appeal Z -6346 for November 4, 1997. The motion was seconded by Director Wyrick and unanimously adopted. The next presentation was Ordinance No. 17,590, entitled: AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z- 6380 -A- To rezone 7316 Kentucky Avenue from "C -3" General Commercial District to "C -4" Open Display District.) and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - Nome; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,591, with the title being: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF DRIVEWAY MAXIMUM OPENING SIZE PROVISIONS FOR COULSON OIL COMPANY AT THE INTERSECTION OF GEYER SPRINGS ROAD AND MITCHELL DRIVE; and the Ordinance was read the third and last time, having been read the first and second times on October 7, 1997. Mayor Dailey stated that an agreement had been reached regarding the one driveway as discussed on October 7, 1997. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. (Condensed per BM 4- 2 -98.) 4 44 Minutes October 21, 1997 Item 19 was the next presentation, being a proposed Ordinance described as: AN ORDINANCE PROVIDING FOR AN EXTENSION OF' TIME FOR A PLANNED COMMERCIAL DEVELOPMENT TITLED "PLEASANT RIDGE SQUARE PCD" AT CANTRELL ROAD AND SOUTHRIDGE DRIVE, IN THE CITY OF LITTLE ROCK, ARKANSAS (Z- 4411 -C); and the Ordinance was read the first time. At the request of Director Cazort, who had received several letters requesting a delay, the Ordinance was left on the calendar for second reading on November 4,1997. Consideration was then given to Ordinance No. 17,592, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 17,225 AND PROVIDING FOR AN AMENDMENT OF THE SITE PLAN FOR "THE PARK" PD -R AT 2200 RIVERFRONT DRIVE (Z- 6157 -A) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,593, described as: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED DARBY'S SHACKLEFORD PCD AT 3200 S. SHACKLEFORD ROAD (Z -6377) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,594, with the title being: AN ORDINANCE DISPENSING WITH COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A SOLE SOURCE CONTRACT WITH THE LITTLE ROCK SCHOOL DISTRICT IN THE AMOUNT OF $15,000 FOR A YOUTH EMPLOYMENT CENTER; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. (Director Keck was excused at 7:40 o'clock P.M.) (Condensed per BM 4- 2 -98.) 5 45 Minutes October 21, 1997 Consideration was then given to Item 17 being Ordinance No. 17,595, entitled: AN ORDINANCE TO AMEND CHAPTER 31 OF THE LITTLE ROCK, ARK., CODE OF ORDINANCES (1988) TO ACCEPT THE DEDICATION OF CERTAIN RIGHT -OF -WAY IN LIEU OF BOUNDARY STREET IMPROVEMENTS FOR LOTS 1, 2, A -1 AND A -2 OF THE BRISTOW SUBDIVISION; TO DECLARE THE INTENT TO SEEK SUCH IMPROVEMENTS IN THE EVENT OF A MORE INTENSIVE USE OR ZONING THAN SINGLE FAMILY RESIDENTIAL; AND FOR OTHER PURPOSES; (14600 Cooper Orbit Road.) (Note: The Ordinance as read on 9 -16 -97 and 10 -7 -97 provided for a conditional waiver of boundary street improvements in accordance with the provision of Chapter 31 of the Code of Ordinances for Lots 1, 2, A -1 and A -2 of Bristow Subdivision.) City Attorney Tom Carpenter noted that a new draft of the Ordinance has been distributed. He explained that there have been discussions between the property owner, Planning Staff, Public Works Staff, and the City Attorney's Office. The new Ordinance recognizes that this a unique situation, so instead of granting the waiver, the City will accept certain dedications in lieu of boundary street improvements, but it also notes that if there is ever any increase in the use or a request for any more intensive zoning classifications for these properties, the City will seek boundary street improvements. There was a motion and second by Directors Adcock and Kumpuris, respectively, to send this back to the Planning Commission. Director Wyrick offered a substitute motion to deal with the Ordinance tonight and not send it back to the Planning Commission. The motion was seconded by Director Hodges. The substitute motion was adopted by a voice vote of 7 ayes, 2 noes (Adcock and Kumpuris), and 2 absent (Joyce and Keck). Director Cazort then moved to amend the Ordinance in the form presented by Mr. Carpenter. The motion was seconded by Director Hodges and adopted by a voice vote of 8 ayes; 1 no (Adcock), and 2 absent (Joyce and Keck). The Ordinance, as amended, was then read the third and last time. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Wilson, Hinton, Hodges, Cazort, Wyrick, Kumpuris, Kelly, and Mayor Dailey - total 8; Noes - Director Adcock - total 1; Absent - Directors Keck and Joyce - total 2. Whereupon, the Ordinance, as amended, was declared PASSED. The next presentation was Ordinance No. 17,596, described as: AN ORDINANCE AMENDING ORDINANCE NO. 17,189 AND PROVIDING FOR AN AMENDED USE LISTING FOR TRAMMEL SHORT - FORM PCD AT 5323 BASELINE ROAD (Z- 4855 -C) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the passage of the Ordinance as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Cazort, Wyrick, Kumpuris, Kelly, and Mayor Dailey - total 9; Noes - None; Absent - Directors Keck and Joyce - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,597, with the title being: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT - RESIDENTIAL TITLED COLEMAN PD -R AT 200 BLOCK SOUTH FARRIS STREET (Z -6376) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Condensed per BM 4- 2 -98.) 6 • Minutes October 21, 1997 and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present being nine in number and two- thirds or more of the members of the Board of Directors. (Director Keck re- enrolled at 7:50 o'clock P.M. before the final vote.) A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, Kelly, and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,598, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF COMMERCIAL STREET REQUIREMENTS FOR THE COLEMAN PDR Z -6376 LOCATED AT 307 FARRIS STREET; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, Kelly, and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. (Director Kumpuris was excused at 7:55 o'clock P.M. due to a conflict of interest on the following Ordinance No. 17,599.) A public hearing had been scheduled for this time and place by Resolution No. 10,089, adopted October 7, 1997, on the petition to vacate and close the alley in Block 10 of Country Club Heights Addition to the City of Little Rock. The petition was filed by Dr. Frank Kumpuris. The notice of hearing was published in the Daily Record on October 14, 1997 and October 21, 1997. Mayor Dailey declared the public hearing open. No one had registered to speak on the issue. Therefore, Mayor Dailey declared the public hearing closed and Ordinance No. 17,599 was presented: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 10 OF COUNTRY CLUB HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, PURSUANT TO ARK. CODE ANN. SEC. 14 -54 -104 (MICHIE 1987); and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kelly, and Mayor Dailey - total 9; Noes - None; Absent - Directors Joyce and Kumpuris, - total 2. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 10,090, adopted October 7, 1997, on the petition to vacate and close the streets in Maumelle Orchard Addition to the City of Little Rock. The petition was filed by Attorney Gayle Corley of the Friday Law Firm on behalf of Deltic Timber Corporation. The notice of hearing was published in the Daily Record on October 14, 1997 and October 21, 1997. Mayor Dailey declared the public hearing open. No one had registered to speak on the issue. Therefore, Mayor Dailey declared the public hearing closed and Ordinance No. 17,600 was introduced with the title being: AN ORDINANCE VACATING AND CLOSING THE STREETS IN MAUMELLE ORCHARD ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Condensed per BM 4- 2 -98.) 7 47 Minutes October 21, 1997 and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kelly, and Mayor Dailey - total 9; Noes - None; Absent - Directors Joyce and Kumpuris - total 2. Therefore, the Ordinance was declared PASSED. (Director Kumpuris re- enrolled at 8:00 o'clock P.M.) Consideration was then given to Ordinance No. 17,601, entitled: AN ORDINANCE REAPPROPRIATING FUNDS FROM THE FUTURE - LITTLE ROCK RESERVE TO ESTABLISH AN ACCOUNT FOR COOPERATIVE GOVERNMENT VENTURES PROGRAMS AND PROJECTS; and the Ordinance was read the third and last time, having been read the first and second times on October 7, 1997. Director Adcock wanted to know what cooperative government ventures programs are. Director Kelly explained that the PIT Advisory Committee felt that it was important to include more than just city programs. The $15,000 Youth Employment Center just approved (see Ordinance #17,594) included monies from the School District, Employment Security, and New Futures for Little Rock Youth - that is an example of cooperative government ventures. We hope to use Enterprise Community Funds, School District Funds, and other sources. The idea is to take the money we have and expand it. These are small grants of a maximum of $25,000. A roll call vote was then taken on the question, Shall the Ordinance Pass, as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, Kelly, and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Whereupon, the Ordinance was declared PASSED. Item 28 on the Agenda was a proposed Ordinance described as: AN ORDINANCE TO AMEND SECTION 28 -28 OF THE LITTLE ROCK CITY CODE OF ORDINANCES (REVISED 1988), PROVIDING FOR A SCHEDULE OF GARBAGE COLLECTION FEES AS SET OUT THEREIN; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; Assistant City Manager Cy Carney reviewed the Board Communication just distributed in response to questions raised by the Board on October 7, 1997. Two major issues were (1) assistance for low income persons; and (2) volume or weight based fees (Pay As You Throw). He recommended the formation of an Ad Hoc Solid Waste Task Force consisting of 11 members selected by the Board of Directors. The charge of the Task Force will be (1) examine Pay As You Throw Systems; and (2) promote recycling efforts. By June 1, 1998 they will prepare recommendations for implementation of the above including development of a specific action plan. In response to a question by Director Adcock, Mr. Carney stated that households meeting the income guidelines will be eligible for assistance in funding 75% of the proposed Solid Waste fee increase, which equates to $1.16 per month for the first increase and an additional $1.16 per month after March 15, 1998. Public Works Director Chandra Russell stated it is anticipated that 1000 -1500 households will request this assistance at a total cost of $28,000 - $42,000 annually. Director Hodges said he was not in favor of the Pay As You Throw system, because he felt it would be too expensive, but was willing to look at it. Following the lengthy discussion, the Ordinance was read the second time, having been read the first time on October 7, 1997. Director Kumpuris moved to form the Task Force. The motion was seconded by Director Adcock and unanimously adopted. (Board Members will submit names for the Task Force to Assistant City Manager Cy Carney.) The Ordinance was left on the calendar for third and final reading on November 4, 1997. (Condensed per BM 4- 2 -98.) 8 / • • Minutes October 21, 1997 Mayor Dailey declared a ten minute recess at 8:20 o'clock P.M. The Board of Directors reconvened at 8:35 o'clock P.M. with Mayor Dailey presiding and eight Directors present. (Directors Wilson and Joyce were absent.) The next presentation was Item 29, being Ordinance No. 17,602, described as: AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1998 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; and the Ordinance was read the first time. Director Hodges moved to defer the second reading until October 28, 1997 because City Attorney Tom Carpenter needed additional information. The motion was seconded by Director Cazort and unanimously adopted. Later in the meeting, Director Hodges stated that Mr. Carpenter had researched Amendment 59 during the recess and found that the millage can be increased to 5 mills. Director Hodges moved to set aside the motion to defer the second reading until October 28, 1997 and to consider the Ordinance at this time. The motion was seconded by Director Cazort and unanimously adopted. There was a subsequent motion and second by Directors Hodges and Kumpuris, respectively, to reconsider Item 29. The motion was unanimously adopted. Director Kumpuris then moved to amend the Ordinance to levy a tax of five (5) mills for general purposes instead of 4.8 mills as stated in the Ordinance. The motion was seconded by Director Hodges and unanimously adopted. The Ordinance, as amended, was then read the second time. The rules were suspended to provide for the third and final reading of the Ordinance. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Adcock, Hinton, Hodges, Cazort, Keck, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Joyce - total 2. Whereupon, the Ordinance, as amended, was declared PASSED. Item 31 on the Agenda was a proposed Ordinance, entitled: AN ORDINANCE REPEALING CHAPTER 34 OF THE LITTLE ROCK, ARK. REVISED CODE OF ORDINANCES AND ADDING A NEW CHAPTER 34 ENTITLED "TRANSPORTATION CODE," AND FOR OTHER PURPOSES; (Vehicles for Hire /Taxicabs) and the Ordinance was read the second time, having been read the first time on September 16, 1997. City Attorney Tom Carpenter explained that the Ordinance before the Board is not the same version as previously considered. He referred to his memorandum dated October 21, 1997, in which he outlined issues regarding policy decisions to be addressed by the Board: (1) luxury limousines with hotel/motel to airport service; (2) insurance and signage issues; (3) authority over cabs at the airport; (4) dress code. Mr. Danny Webb, President of Black & White Cab Company, stated the company has been in business for 52 years and during that time there has never been an unsatisfied judgment. In the last two years after John Hall retired and the company was in the hands of the employees, some wrong decisions were made. The situation with the company is not as bad as has been painted. The company will be out of bankruptcy in about 60 days. The insurance has worked just fine in the past. Having a bond with the State of Arkansas is the standard of the taxicab industry. He then responded to questions by the Board. Director Hodges took exception to some of the comments made by Mr. Webb regarding unpaid claims. Mr. Larry Carpenter, attorney for Capitol Cab Company, said he had been working with City staff and was generally in agreement with the Ordinance, but felt the issues about the Airport taxicabs and the limousine service need some guidance. Mr. Brent Terryl spoke about his proposal to provide shuttle and limousine service in the City of Little Rock. The limousine service would be basically airport service to and from hotels. He said hotels really do not want to stay in the courtesy transportation service anymore, which prompted him to look into the shuttle service. He thinks the City needs an alternative to get residents and guests to the City to and from the airport and the hotels. He said he and his partner, Mr. Steve Raymond, are prepared to put a number of vans on the street on a scheduled basis with uniformed drivers. They do not intend to become a (Condensed per BM 4- 2 -98.) 9