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06-16-98Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas June 16, 1998 - 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 in atninedance: Directors Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, and Kelly - total 7; Absent - Directors Wilson, Hodges and Adcock - total 3. 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 Hinton, followed by the Pledge of Allegiance. Mayor Dailey announced changes to the Agenda as noted on the Agenda Modifications. Items 11, 12, and 20 were being deferred until July 7, 1998. Therefore, no action was taken on the following: (11) AN ORDINANCE AMENDING ORDINANCE NO. 17,008 ESTABLISHING ONE SOURCE HOME CENTER AMENDED LONG -FORM PCD (Z- 4933 -D) AND AMENDING ORDINANCE NO. 15,990 MECHANICS LUMBER COMPANY LONG -FORM PCD (Z- 4933 -B), AND PROVIDING FOR THE RECLASSIFICATION OF PROPERTY LOCATED AT 15701 CHENAL PARKWAY IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (12) AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF BOUNDARY STREET IMPROVEMENTS FOR KANIS ROAD FOR ONE SOURCE COMMERCIAL SUBDIVISION LOCATED AT 15701 CHENAL PARKWAY. (20) A RESOLUTION TO AMEND RESOLUTION NO. 9,413 (JUNE 6, 1995) TO AUTHORIZE THE MAYOR, CITY MANAGER, AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE RESIDENTIAL RECYCLABLE MATERIALS COLLECTION AND PROCESSING AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC.; AND FOR OTHER PURPOSES. There was a motion by Director Keck to add to the regular Agenda the three items listed as Additions on the Agenda Modifications, with Item 3 being added to the Consent Agenda. The motion was seconded by Director Hinton and unanimously adopted. (See Resolution No. 10,300 and the proposed Ordinances regarding Comcast Cablevision and the processing of hot checks) Mr. Buddy Coleman, Coleman Dairy, was present to speak on Item 20 (Recycling) which had been deferred to July 7, 1998. Therefore, Mayor Dailey allowed him to address the Board of Directors at this time. Mr. Coleman expressed concern with the issue of recycling and the decision of Coleman Dairy to use yellow milk containers. Their decision to use yellow containers was due to their success in other states. It has been proven that yellow containers provide better milk products. This would also give Coleman Dairy better identification on the shelf. However, customers are complaining because they can't get the yellow plastic containers recycled. 1 205 ., _ i 206 Minutes June 16, 1998 (Director Adcock enrolled at 6:10 o'clock P.M.) Mr. Jim Hathcock, Manager of Neighborhood Programs, introduced about 70 youth from the Lutheran Church Missouri Synod and Camp Aldersgate Neighborhood Enhancement Program that came to Little Rock to assist the City of Little Rock in some neighborhood enhancement projects. Mr. Hathcock and Mayor Dailey both expressed appreciation to the two groups. (Director Adcock was excused at 6:15 o'clock P.M.) Consideration was then given to the Consent Agenda which consisted of the following: (1) Approval of the Minutes of the Board of Directors regular meeting held December 16, 1997, and the reconvened meeting held December 30, 1997. (2) A motion to set the date of hearing for July 7, 1998, on the appeal of the Planning Commission's approval of a Conditional Use Permit for a manufactured home at 3521 Longcoy Street. (Zoning Appeal Z- 6474 -A filed by May Harden.) (3) A motion to grant withdrawal until September 14, 1998 (90 days) of the appeal of the Planning Commission's denial of the application to rezone 5.5 acres located at the southwest corner of Kanis Road and Edswood Road from "R -2" Single Family District to "C -3" General Commercial District. (Zoning Appeal Z -6439 filed by J. Gardner Lile. On June 2, 1998 the appeal was withdrawn by the applicant with reservation of bringing it back no later than May, 1999. Staff recommended a 90 day period. See Minutes of June 2, 1998.) (4) Resolution No. 10,294, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO CAPITAL FORD NEW HOLLAND, INC. IN THE AMOUNT OF $63,494 FOR THE PURCHASE OF (2) TWO -WHEEL DRIVE BACKHOES FOR THE PARKS AND RECREATION DEPARTMENT. (5) Resolution No. 10,295, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ED BLAKELY (THE GOURMET CALORIE COUNTER) TO OPERATE AND MANAGE THE WAR MEMORIAL FITNESS CENTER CONCESSIONS. (6) Resolution No. 10,296, with the title being: A RESOLUTION APPROVING THE BYLAWS FOR THE LITTLE ROCK SISTER CITIES COMMISSION. (7) Resolution No. 10,297, entitled: A RESOLUTION TO INCREASE FEES AT THE WAR MEMORIAL FITNESS CENTER, AND FOR OTHER PURPOSES. (8) Resolution No. 10,298, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO MIDSOUTH AVIATION, INC. FOR HELICOPTER OPERATIONS AND MAINNINEANCE FOR THE POLICE DEPARTMENT. 2 Minutes June 16, 1998 207 (9) Resolution No. 10,299, entitled: A RESOLUTION ADOPTING THE EMPLOYEE MANDATORY CONTRIBUTION PICK -UP PROVISION IN SECTION 414(H)(2) OF THE INTERNAL REVENUE CODE FOR THE POLICEMEN'S PENSION AND RELIEF FUND. (10) Resolution No. 10,300, described as: A RESOLUTION TO AMEND LITTLE ROCK, ARK., RESOLUTION NO. 10,267 (MAY 5, 1998) TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACTS WITH THREE ADDITIONAL ORGANIZATIONS FOR SUMMER YOUTH PROGRAM SERVICES IN AN AMOUNT NOT TO EXCEED $60,000; AND FOR OTHER PURPOSES. Upon a motion and second by Directors Hinton and Kelly, respectively, the Consent Agenda was adopted by unanimous voice vote of the Board Members present. A public hearing had been scheduled for this time and place by a motion adopted June 2, 1998, on the appeal of the Planning Commission's denial of the application to rezone 1518 -1520 Wright Avenue from "O -1" Quiet Office District to "C -1" Neighborhood Commercial District (Z- 4373 -C). The appeal was filed by Mr. Darrell G. Canfield. Mayor Dailey declared the public hearing open at 6:20 o'clock P.M. Mr. Jim Lawson, Director of Planning and Development, gave a brief overview, stating the applicant proposes to put a home furnishings and tool rental store in the residential structure, and staff thinks this is a good use, but the people in the neighborhood do not want it. Mr. Robert Allen, regional manager of Triple A Rental, spoke on behalf of Mr. Darrell Canfield, the applicant. He said Mr. Canfield would landscape the property and paint the building a historic color. This would still be a quiet business. "C -1" would limit the building from being used as a night club. (Director Adcock re- enrolled at 6:25 o'clock P.M.) Mr. Lawson responded to questions by the Board. Ms. Sylvia Tyler presented some petitions from the Greater Archview Baptist Church in opposition to the -- application. She was strongly opposed to having this type of business in a historic district. She also had letters of opposition from the community. She read a letter from the Wright Avenue Crime Watch Members and the Wright Avenue Neighborhood Association expressing opposition to the rezoning. Ms. Pam Marshall also spoke in opposition to the rezoning. Mayor Dailey declared the public hearing closed at 6:45 o'clock P.M. and the proposed Ordinance was presented, with the title being: 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- 4373 -C- To rezone 1518 -1520 Wright Avenue from "O -1" Quiet Office District to "C -1" Neighborhood Commercial 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 then taken on the question, Shall the Ordinance Pass, as follows: Ayes - None; Noes - Directors Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Absent - Directors Wilson and Hodges - total - 2. Whereupon, Mayor Dailey announced that the Ordinance had FAILED. Introduced next was Ordinance No. 17,751, described as: AN ORDINANCE AMENDING THE MASTER STREET PLAN (ORDINANCE 15,519) REDEFINING DESIGN STANDARDS FOR CERTAIN COLLECTORS, AND FOR OTHER PURPOSES; 7 i '� Minutes June 16, 1998 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 Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,752, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED 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 -6486 - To resone 10401 Colonel Glenn Road from "R -2" Single Family District to 11I -2" Light Industrial 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 Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,753, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED 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 -6488 - To rezone 6.47 acres on the north side of Cantrell Road approximately 800 feet east of Sam Peck Road from "R -2" Single Family District to "O -3" General Office 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 Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,754, described as: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF BOUNDARY STREET IMPROVEMENTS FOR BETHEL FREE WILL BAPTIST CHURCH LOCATED AT 12611 CHICOT ROAD; 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 Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. 4 Minutes June 16, 1998 209 The next presentation was Ordinance No. 17,755, with the title being: AN ORDINANCE TO WAIVE COMPETITIVE BIDS AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CENTRAL ARKANSAS AREA AGENCY ON AGING (CARELINK) TO PROVIDE $25,000 IN CDBG FUNDS; 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 Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,756, entitled: AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO ESTABLISH A SPECIAL TRUST ACCOUNT TO ACCOUNT FOR ALL DONATIONS RECEIVED BY DEPARTMENTS OF THE CITY OF LITTLE ROCK, ARKANSAS; 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 Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. Item 14 on the Agenda was a proposed Ordinance described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE BOYLE PARK DISTRICT FROM SINGLE FAMILY TO MIXED OFFICE COMMERCIAL, AND FOR OTHER MATTERS; and the Ordinance was read the first time. Mayor Dailey said that Director Wilson had expressed opposition to this item, even though she was unable to attened the meeting due to illness. Mr. Jim Lawson, Director of Planning and Development, made the staff presentation, explaining that staff recommended denial because Mixed Office Commercial at this location is against the John Barrow Neighborhood Plan which was adopted in 1996. If Mixed Office Commercial is approved here, how can you not allow it along the corridor. In response to Director Kumpuris' question as to the Planning Commission's rationale on this issue, Mr. Lawson said the same ones that wrote the Neighborhood Plan are the same ones that asked that it be changed, so the Planning Commission approved the change. Director Hinton suggested that issues not be placed on the Agenda unless staff, the Planning Commission, and the neighborhood all approve them. Director Joyce expressed concern because the Board did approve the Neighborhood Plan. Mr. Lawson suggested leaving the Ordinance on first reading. Then he would call together the committee that worked on the Plan and ask it to respond to the concerns. Director Wyrick said she would like to hear from the committee. She also noted that on controversial issues City Manager Cy Carney had recommended that the Board leave an Ordinance on first reading, and then view the video of the Planning Commission meeting before the second, reading of the Ordinance. Mr. David Dorbin, chairman of the John Barrow Planning Committee, spoke in support of the Ordinance. He said there are several reasons for changing the Plan. The demographics of the area are changing; the likelihood of someone putting in a $75,000 home in that particular area is very rare; they want to get the best possible use of the land; and to attract some businesses that will bring employment opportunities to the area. In response to a question by Director Keck, Mr. Lawson stated the Planning Commission had started considering the Land Use Plans first and then the rezoning applications, so the applicant will have to 5 210 Minutes June 16, 1998 come back for a PCD. Director Cazort suggested having the Land Use Issue and the rezoning request come before the Board at the same time. Director Kumpuris stated he didn't think watching the Planning Commission video was the answer to the Board's quandary - we need to have some dialogue with them. Mr. Charles King, Executive Director of the Arkansas Regional Minority Supplier Development Council, spoke on behalf of Mr. Edward Jacobs, the applicant. He said Mr. Jacobs has been in business for twenty years and is currently located in the 1200 block of John Barrow Road and is bursting at the seams. Mr. Jacobs discussed his proposal with the John Barrow Neighborhood Association, which gave its support. Mr. Jacobs is a representative of the community but has not been given the opportunity to speak. Director Kumpuris stated this is a radical departure from the Plan, and the Board wants to be sure this is really what the neighborhood wants. The Board generally agreed to leave the Ordinance on the calendar for second reading on July 7,1998; therefore, there was no motion to suspend the rules for the second and third readings. Item 17 on the Agenda was a proposed Ordinance providing for a waiver of boundary street improvements for Charity General Baptist Church at 11111 Geyer Springs Road. Director Wyrick noted that Rev. Free was not present, and wondered if he was notified the item was on the Agenda for this meeting. Director Wyrick then moved to defer the Ordinance to July 7, 1998, due to the absence of Rev. Free. The motion was seconded by Director Keck and unanimously adopted. Therefore, the Ordinance was deferred until July 7, 1998. A public hearing had been scheduled for this time and place by Resolution No. 10,283, adopted June 2, 1998, on the petition to vacate and close the alley in Block 20 of Gibralter Heights Addition. The petition was filed by Mr. Greg Sullivan of the Mehlburger Firm on behalf of Mr. and Mrs. William E. Smith. The notice of hearing was published in the Daily Record on June 9, 1998 and June 16, 1998. Mayor Dailey declared the public hearing open at 7:35 o'clock P.M. No one was present who wished to speak on the issue. Whereupon, Mayor Dailey declared the public hearing closed and Ordinance No. 17,757, was presented with the title being: AN ORDINANCE VACATING AND CLOSING THE ALLEY; AND ABANDONING ALL RIGHTS OF EASEMENT IN SAID ALLEY, IN BLOCK 20 OF GIBRALTER HEIGHTS ADDITION, TO THE CITY OF LITTLE ROCK, ARKANSAS; 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 Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Resolution No. 10,301, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT PROVIDING $49,869 IN CDBG FUNDS TO THE CENTRAL ARKANSAS DEVELOPMENT COUNCIL. (Booker Homes Head Start and King Head Start.) Following the reading of the Resolution, Director Adcock spoke on the issue, stating she had nothing against these organizations receiving this money. However, the Request for Proposals was to provide child care services evenings, nights and weekends to augment the Welfare -to -Work initiatives. These two proposals do not address evenings, nights and weekends, they just exnineded their hours from 7:30 a.m. to 5:30 p.m. Every part of Little Rock needs evening daycares, night daycares, and weekend daycares. Mrs. Brenda Fiser, Head Start Program in Pulaski County, briefly explained the two programs. She said both Booker Homes and King Head Start Programs normally provide services from 7:30 to 3:30 on a weekly basis, closed for the summer. Expansion is being able to offer 6 Minutes June 16, 1998 211 year round care for these three and four year old children, infants and toddlers. The expansion of hours from 7:00 A.M. to 6:00 P.M. meets the needs of those particular families. As for weekend services, they have been unable to document substantially the need for that service. Director Keck moved to adopt the Resolution. The motion was seconded by Director Cazort and the Resolution was adopted by a voice vote of 8 ayes, 1 no (Director Adcock) and 2 absent (Directors Wilson and Hodges). Consideration was then given to Item 2 on the Agenda Modifications, which was a proposed Ordinance entitled: AN ORDINANCE AUTHORIZING THE CITY ATTORNEY AND DIRECTOR OF FINANCE TO PROCESS CHECKS, ORDERS OF DRAFTS PURSUANT TO THE ARKANSAS HOT CHECK LAW, PROVIDING FOR AN EMERGENCY CLAUSE AND FOR OTHER PURPOSES; Mr. Harold Boldt, Finance Director, introduced Paula Barnes, the new Hot Check Administrator. He reminded the Board that during the budget process, three positions were authorized: Hot Check Administrator and two Accounting Clerks. She has been setting up the new program. Director Adcock asked about the letters received from the Pulaski County Prosecuting Attorney's Office regarding the Hot Check Program. City Manager Cy Carney stated that he and the City Attorney were working on those issues. The Ordinance was then read the first time and left on the calendar for second reading on July 7,1998. At 7:55 o'clock P.M. Mayor Dailey declared a nine minute recess. The Board of Directors reconvened at 8:15 o'clock P.M. with Mayor Dailey presiding and eight Directors present. (Directors Wilson and Hodges were absent.) (Director Kumpuris recused on the following Comcast issue because a member of his family has an interest in the building that houses Comcast; therefore he was excused at 8:15 o'clock P.M.) Item 1 on the Agenda Modifications was a proposed Ordinance entitled: AN ORDINANCE TO SET THE TERMS AND CONDITIONS FOR COMCAST CABLEVISION OF LITTLE ROCK, INC., TO USE AND OCCUPY CITY RIGHTS OF WAY FOR A CABLE TELEVISION FRANCHISE; TO APPROVE AN AGREEMENT THAT SETS FORTH THESE TERMS AND CONDITIONS; AND FOR OTHER PURPOSES. Mayor Dailey explained that a public hearing was held the previous night (June 15, 1998) regarding the cable television franchise and a number of questions were asked. City Manager Cy Carney stated that Board Members had before them copies of two letters dated June 16, 1998, from Mr. Michael J. Wilson, General Manager of Comcast Cablevision of Arkansas, in which he responded to those questions regarding safety procedures and equipment. Mr. Carney stated that Vice Mayor Keck had also requested data about complaints the City of Little Rock has received in the last two or three years, but that information is not completed. The Ordinance was then read the first time. The first speaker on the issue was Mr. Randy Bowling, president of Beverly Hills Neighborhood Association, and he is a state licensed master electrician. He said he was very disappointed in Comcast and had his cable TV discontinued several months ago. He said he would like to see a reasonable price so that lower income people could get the weather channel, the government access channel, and local news and programming. Mr. Glen Schwarz, 67 S. Wakefield, requested improvements to the public access channel and asked the Board to commit to continuing the public access segment of the franchise and improving it. Mayor Dailey reported on a conversation he had with Judy Magness, President of the Little Rock School Board. The City of Little Rock and the Little Rock School Board will continue to work together on endeavors that will be jointly beneficial. She will appoint one member of the School Board as a representative, Mayor Dailey appointed Vice Mayor Keck, and the City Manager will appoint a staff person to serve as a small committee that would continue the dialogue that has been brought up, such as 7 212 Minutes June 16, 1998 how the City and the School District might have a joint facility and to identify some specific objectives that would be beneficial to the educational process as well as to the citizens. Vice Mayor Keck then asked Mr. Wilson a number of questions: This is a 15 year contract, although we are going back to February, 1995? Yes. The lump sum payment or voluntary contribution will be $500,000 up front? That is correct. In response to the question regarding expansion of the cable system's capability up to 750 megahertz (MHz), Mr. Wilson and Mr. Mark Billingsly, Plant Manager, explained the process involved and responded to other questions. Director Adcock asked for a report by next week on the breakdown of the types of calls Comcast receives - how many are actual complaints. Director Cazort stated that the calls he received about Comcast were about price and channels. He suggested a survey to find out what channels citizens really wanted and what price they were willing to pay for those channels. Vice Mayor Keck cited the difference in the cost to cable TV subscribers in Paragould, Arkansas (a municipally owned system) and the City of Little Rock. Responding to statements by Director Hinton, Mr. Wilson stated that when Comcast employees are in the field, they are in uniform, in a Comcast marked vehicle, and are wearing an identification badge. Mayor Dailey asked Mr. Wilson to state for the benefit of the public, the screening process used in hiring employees. Mr. Wilson stated that the employment application asks whether or not the applicant has ever been convicted of a felony; the applicant is required to furnish references which are contacted; and the applicant gives Comcast the authority to further investigate any statements made. All final applicants are required to take and pass a drug and alcohol screening test, and to submit to a criminal background check. A bi- annual driver record check is also made on each employee required to operate a vehicle. At the request of Mayor Dailey, City Attorney Tom Carpenter explained the liability insurance requirements, stating that the City insisted that Comcast have adequate insurance coverage, including the requirement to maintain $3 million general liability insurance for the life of the contract, and in addition to that to have a $1 million automobile liability insurance policy in place, workers compensation coverage, and certain additional construction coverages that will be in place while Comcast is completing the upgrade. Director Adcock noted that the City Attorney had just advised her that she needed to disclose the fact that she has a niece whose husband works for Comcast; however, she can still vote on the Comcast issue. There was no motion to suspend the rules to provide for second reading; therefore, the Ordinance was left on the calendar for second reading on July 7, 1998. Item 24 on the regular Agenda was a proposed Ordinance, entitled: AN ORDINANCE AMENDING CHAPTER 8 OF THE LITTLE ROCK CITY CODE REVISED 1988 TO COMBINE THE BOARD OF BUILDING CODE APPEALS AND THE BOARD OF ELECTRICAL CODE APPEALS; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Keck, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eight in number and two- thirds or more of the members of the Board of Directors, and the Ordinance was read the second time. The Ordinance,was left on the calendar for third and final reading on July 7, 1998. (Director Kumpuris re- enrolled at 9:05 o'clock P.M.) City Manager Cy Carney gave his Activity and Project Report consisting of the following: Zoo permit application status, uniform crime report, 1988 bond projects, Surface Transportation Bill, fiber optics utilities, emergency operating plan, and the CATA River Market transit terminal/parking facility and livable communities initiative. Director Keck suggested having a public round table session at the first Agenda Meeting in July to discuss the direction the City should go and to evaluate the City Manager. Director Cazort asked City Attorney Tom Carpenter to put together a report on fireworks - what is permissible and what is not permissible. Mr. Carpenter stated that fireworks can't be bought, sold, or discharged within the City Limits, other than 8 Minutes June 16, 1998 fireworks displays such as the Riverfest fireworks. City Manager Cy Carney said the plan is for active enforcement. At the time allotted for Citizen Communications, the first speaker was Mr. Patrick Oliver, regarding the solicitation process for Prevention, Intervention, and Treatment (PIT) funds. Gaines Street Baptist Church is concerned about not receiving Requests for Proposals from the City of Little Rock. How can they be part of the process? City Manager Cy Carney assured Mr. Oliver that Gaines Street Baptist Church will be part of the process in the future. The next speaker during Citizen Communications was Mr. Troy Laha, 7 Althea Circle, vice - president of the Cloverdale Neighborhood Association, who addressed the Board regarding the Cloverdale Drainage and Street Improvements and the 100 year Flood Zone Study. He also stated he wished the Board would insist that Comcast bury its cable because it plays havoc with those in the field when it is on top of the ground. He expressed his thanks for the City's help in the Cloverdale Drainage and Street Improvements Project. He pointed out the area that is in the 100 year flood zone, and asked that the Public Works Department do a study to see if some of those residents could be taken out of the 100 year flood zone. He also asked the Board to include $30,000 in the Budget to fund this study. There being no further business to be considered, the Board of Directors adjourned at 9:35 o'clock P.M. to meet again in regular session on Tuesday, October 7, 1998. ATTEST: City Clerk Robbie Hancock 9 APPROVED: ayor Jim Dailey 213