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01-18-00rfibluirol Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas January 18, 2000 — 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 Pugh, Hinton, Lichty, Keck, Stewart, Wyrick, Kumpuris, Kelly, and Adcock — total 9; Absent — Director Cazort — 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 Kelly, followed by the Pledge of Allegiance. Consideration was given to the Consent Agenda, which consisted of the following: (1) Resolution No. 10,753, entitled: A RESOLUTION AUTHORIZING ACQUISITION OF SURPLUS PROPERTY LOCATED IN REGULATORY FLOODWAY FROM UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Former Lower Level Windshear Alert System located on Lots 16, 17, 18, and 19, Block 2, Granite Park Addition.) (2) Resolution No. 10,754, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CAPITOL FORD NEW HOLLAND IN THE AMOUNT OF $55,489.36 FOR THE PURCHASE OF ONE (1) TRACTOR WITH 3 -GANG FLAIL MOWER FOR THE PARKS AND RECREATION DEPARTMENT. (3) Resolution No. 10,755, with the title being: A RESOLUTION TO WAIVE BUILDING PERMIT FEES FOR STRUCTURES DAMAGED BY THE JANUARY 1999, TORNADO THAT ARE UNDERGOING RECONSTRUCTION OR REHABLITATION; AND FOR OTHER PURPOSES. (Waive permit fees during the year 2000.) (4) Resolution No. 10,756, entitled: A RESOLUTION TO AMEND LITTLE ROCK, ARK., RESOLUTION NO. 10,718 (DECEMBER 7, 1999), TO NOTE THE AMOUNT PAID FOR EXTRAORDINARY LEGAL SERVICES BEFORE THE CIVIL SERVICE COMMISSION; AND FOR OTHER PURPOSES. (Contract with Cross Gunter, Witherspoon & Galchus [CGWG].) Upon a motion and second by Directors Adcock and Kelly, respectively, the Consent Agenda was unanimously adopted by the Board Members present. (Director Cazort enrolled at 6:10 o'clock P.M.) Items 5, 6, and 7 on the Agenda were a waiver, an alley closure and a street closure all related to the Kroger Food Store at 1816 North Polk Street. Mayor Dailey said he had 13 cards of speakers in opposition and would allow twenty minutes for their presentations. Mr. Jim Lawson, Director of Planning and Development, said staff met with the neighborhood group the previous week and as a result of that meeting has been working with the applicant and the plan has been changed again. He displayed the site plan. Kroger's first plan was for a building of 64,000 square feet and there was concern that this was too large, so now it is down to 50,000 square feet. There was also concern about how the building would be built. He gave a detailed description of the many changes. What is before the Board is the street and alley closures and the waiver, but not the site plan. Staff has tried to devise a way for the Board to approve the project as a total unit. Staff is proposing to rezone the property as a Planned Commercial Development (PCD) that would entail this site plan and tie everything down. But the Minutes January 18, 2000 PCD is not before the Board tonight. He recommended the Board deal with the street and alley closures and make a condition that Kroger file a PCD to be considered by the Board of Directors on February 15, 2000. That would give time to advertise and go through the process, but it would not be considered by the Little Rock Planning Commission. It has had tremendous public review and it has been before the Board of Adjustment twice, so staff feels like going this route would be adequate. City Attorney Tom Carpenter said the Ordinances to close the street and alley would have two conditions, one would deal with the entryway off Polk Street, and the closure would be conditioned upon the applicant getting the PCD to the Board to be considered no later than February 15, 2000. If the PCD is filed, the notice is out there, and the site plan is before you in that timely fashion, then the street closure goes through. Mr. Lawson said this is not the normal process, so he would like to have a general consensus to go forward. Mr. Lawson said another option would be to hold the street and alley closure until February 15, 2000, and deal with all the issues at that time. Staff feels like the applicant has gone the extra mile. Mr. Frank Riggins of Mehlburger Engineers, speaking on behalf of Kroger Company, said this plan is in response to what Kroger felt were the major concerns expressed at the meeting last week. He said they had no problem with packaging the street and alley closures with the PCD on February 15, 2000. Director Lichty then moved to defer Items 5, 6, and 7 until February 15, 2000. Director Adcock seconded the motion with the understanding there would be another meeting with the neighborhood before then. Upon advice of the City Attorney, Director Lichty restated the motion to defer Items 5, 6, and 7 until February 15, 2000, and to direct that the PCD, if filed, come directly to the Board and not go to the Planning Commission, with the understanding there will be another meeting with the neighborhood before then. The motion was seconded by Director Adcock and unanimously adopted. Therefore, the no action was taken on the following: (5) AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF MASTER STREET PLAN STREET IMPROVEMENT REQUIREMENTS FOR KROGER FOOD STORE LOCATED AT 1816 POLK STREET. (First reading on January 4, 2000) (Deferred to February 15, 2000.) (6) AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 4 OF MOUNTAIN PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Between "R " Street and Kavanaugh Blvd.) (Public hearing and first reading on January 4, 2000.) (Deferred to February 15, 2000.) (7) AN ORDINANCE VACATING AND CLOSING "R" STREET BETWEEN POLK AND TAYLOR STREETS IN MOUNTAIN PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public hearing and first reading on January 4, 2000.) (Deferred to February 15, 2000.) The Racial and Cultural Diversity Commission presentation was given by Ms. Loretta Alexander, Chair of the Commission. Ms. Alexander stated that the Executive Director of the Racial and Cultural Diversity Commission resigned in October. However, the Commission has completed the project it was working on at that time. She distributed copies of the Community Police Relations Report, which is a short report of what has transpired in the past and how to move forward. (Director Keck was excused at 6:55 o'clock P.M.) Consideration was then given to Ordinance No. 18,193, with the title being; AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS; (Pfeifer -East Annexation — 312.75 acres located on the north side of Hwy. 10, north and east of the Chenal Intersection.) and the Ordinance was read the third and last time, having been read the first time on December 20, 1999, and the second time on January 4, 2000. Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, stated that the League supports Mr. Pfeifer's proposal. Director Kelley said he was glad that Mr. Pheifer agreed with him and put a moratorium on building within the Little Maumelle Basin. Director Kelly noted that Mr. David Rusk, an expert in growth and development, will be in town March 1, 2000, and he hoped those that are interested in growth and development issues will attend Mr. Rusk's meetings. Mr. Gene Pfeifer responded to Director Pugh's question regarding affordable housing, stating that 20% of the units will be for those who 2 339 P d s • Minutes January 18, 2000 are below the median income. Following the discussion, a roll call vote was taken on passage of the Ordinance as follows: Ayes — Directors Hinton, Lichty, Cazort, Wyrick, Kumpuris, Adcock, and Mayor Dailey — total 7; Noes — Directors Pugh, Stewart, and Kelly — total 3; Absent — Director Keck — total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 18,194, described as: AN ORDINANCE TO WAIVE COMPETITIVE BIDS AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A SOLE SOURCE CONTRACT WITH CENTRAL RECORDS SERVICES TO PERFORM PERSONNEL RECORD SCANNING AND INDEXING FOR THE CITY OF LITTLE ROCK HUMAN RESOURCES DEPARTMENT; 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 then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director Keck — total 1. Whereupon, the Ordinance was declared PASSED. (Director Keck re- enrolled at 7:10 o'clock P.M.) Items 10 and 11 on the Agenda were public hearings on the renewal of taxicab permits for Capitol Cab Company, Dewey Worthey Independent Cab, and Black & White Cab Company. Since many of those registered to speak indicated they wanted to speak for Item 10 and against Item 11, Mayor Dailey opened the public hearing at 7:10 o'clock P.M. on the renewal of taxicab permits for Capitol Cab Company and Dewey Worthy Independent Cab. (See Ordinance No. 18,195 below.) He then declared the public hearing open on the renewal of taxicab permits for Black & White Cab Company. Responding to a question by Director Cazort, City Attorney Tom Carpenter stated that notice was sent November 1, 1999, that applications for renewal were due November 18, 1999. The applications for renewal for Capitol Cab and Dewey Worthey were filed in a timely manner. Black & White filed its application in early January 2000. Mr. David Bragg, Director of Fleet Services, responded to questions by the Board of Directors. (Note: Taxicab permits were formerly issued by the General Services Department, which was abolished in early 1999. The Fleet Services Department now oversees the taxicab permits and inspections.) Mr. Bragg stated that Mr. Carl Pettus is the Transportation Inspector as of April, 1999. Mr. Pettus explained how complaints are handled. Responding to a question by Director Kumpuris, Mr. Bragg said Capitol Cab has permits for 43 taxicabs, Black & White has permits for 72 taxicabs, and Dewey Worthey has a permit for one taxicab. Responding to Director Kumpuris' question regarding insurance, Mr. Bragg reported that Capitol Cab and Dewey Worthey both have commercial insurance of the amounts required. ( Worthey - $25,000 bodily injury per person, $50,000 bodily injury per accident, and $15,000 property damage; Capitol Cab has $65,000 combined single limit on automobile liability.) Black & White has a $50,000 Surety Bond. Mr. Carpenter explained that Black & White has a $50,000 Letter of Credit on file with the Arkansas Department of Finance and Administration. Mr. Henry Hodges, attorney for Claude Skelton, owner of Capitol Cab, said Capitol Cab is a well run, well insured company with 70 plus cabs and 110 permits. Mr. Skelton does have insurance, he spends approximately $12,000 per month for liability insurance. There is a very strong and effective screening process for drivers and there are no outstanding judgements against Capitol Cab. Responding to a question by Director Lichty, Mr. Hodges said Capitol Cab currently has insurance coverage of $300,000 per accident, $50,000 for property damage, and $100,000 per person. Mr. Claude Skelton, owner of Capitol Cab, said he wanted to have a good basic transportation system. Mr. Hodges distributed a thick document to the Board Members regarding complaints and judgements against Black & White Cab Company. Mr. Hodges said this report shows dust how bad Black & White Cab Company is. At 7:55 o'clock P.M. Mr. Allen Bird, representing Black & White Cab Company, stated that Black & White responds to 600,000 calls per year and there is not one unsatisfied claim against the company. There are lawsuits pending against Black & White. Black & White defends the claims it thinks needs defending and it pays the claims it thinks needs to be paid. He explained how the $50,000 Surety Bond works, stating it is a Certificate of Deposit — cash money — and if anyone has a judgement against the Company that is unsatisfied they go to the Department of Finance & Administration and pick up the money. That has never happened. He then responded to questions by the Board. There was a lengthy discussion regarding the bond, insurance, claims, legislation, bankruptcy, medicad fraud, etc. A large number of Black & White taxicab drivers and employees were in attendance. Regarding taxicab regulations, City Attorney Tom Carpenter stated that Capitol Cab, Black & White Cab, and Dewey Worthy participated in drafting the current regulations, Minutes 641 January 18, 2000 which are in pretty good shape. Director Stewart noted that some cab drivers won't go into certain neighborhoods, particularly high crime areas. Mr. Bird stated they make sure their drivers go to all areas of the City. (Continued after recess.) Mayor Dailey declared a ten minute recess at 8:30 o'clock P.M. The Board of Directors reconvened at 8:50 o'clock P.M. with Mayor Dailey presiding and all Directors present. (Taxicab public hearing continued.) Mr. John W. Hall stated that in 1965 his father bought Black & White Cab Company and ran the company until about 1990, when he semi - retired at age 70. The Company somehow devised the scheme to rip off Medicad, which went on for several years, and Mr. Hall, Sr. had no control over it because he wasn't there. He trusted his office to run the company. The drivers were paying kickbacks to those in the office. He said the person that was running the company then is now the dispatcher for Capitol Cab. Speaking in support of Black & White were Glen Wade, Henry Lee Jones, Sr., Attorney Kevin Staten (represents B & W in personal injury lawsuits), Linda Richardson, Owen McMullen, Franklin Jackson, Rowena Hampton, Kimberly Hunt, and Danny Webb (president of Black & White Cab). At 9:40 o'clock P.M., Attorney Henry Hodges again addressed the Board, stating there is a stark difference in the performance of Black & White and the performance of Capitol Cab. He invited Board Members to look at the complaints against Black & White, and read a few of them that were contained in his report he had distributed earlier in the meeting. He concluded by suggesting denial of the permits for Black & White Cab Company. At the request of Mr. Hodges, Mr. Adid Shaheed, dispatcher for Capitol Cab, also spoke briefly, stating that since Mr. Skelton has taken over the company and increased the fleet, they do service all areas of Little Rock. (See Director Stewart's comments earlier.) Mr. Bill Rogers, manager of Capitol Cab, and Mr. Joel Page, Fleet Maintenance Manager for Capitol Cab, spoke briefly. Mayor Dailey declared the two public hearings closed at 10:23 o'clock P.M. Introduced next was Ordinance No. 18,195, entitled: AN ORDINANCE TO RENEW TAXICAB OPERATOR PERMITS FOR CAPITOL CAB COMPANY, AND DEWEY WORTHY, INDEPENDENT CAB, FOR A PERIOD OF ONE YEAR FROM FEBRUARY 1, 2000, TO JANUARY 1, 2001; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings by a voice vote of the Board of Directors of ten ayes and one no (Director Adcock), being 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 11; Noes — None; Absent — None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 11; Noes — None; Absent — None. Whereupon, the Ordinance together with the Emergency Clause was declared PASSED. Consideration was then given to the proposed Ordinance described as: AN ORDINANCE TO RENEW THE TAXICAB OPERATOR PERMITS FOR BLACK & WHITE CAB COMPANY FOR A PERIOD OF ONE YEAR FROM FEBRUARY 1, 2000, TO JANUARY 31, 2001; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; Director Cazort said he felt the information presented by Attorney Hodges was overwhelming (see public hearing discussion above), and moved to reduce the number of permits for Black & White Cab Company from 83 to 55, with the understanding that should the service go up, complaints go down, and the quality improve, the permits would be increased. The motion was seconded by Director Lichty. Director Adcock asked the Board to give one week to work out the issues. In light of Director Adcock's request, Director Cazort suggested passing the Ordinance with the reduced permits but without the emergency clause, and directing the City Manager to administratively continue Black & White's current licenses until the thirty days expire. City Attorney Tom Carpenter said the licenses expire January 31, 2000, and the emergency clause is not that the Ordinance take effect immediately, but when the current permits expire. If the Ordinance is passed without the emergency clause, there would be a 16 day period in February that Black & White could not operate at all. Director Cazort withdrew his suggestion about the emergency clause. Therefore, since the Ordinance is not effective until February 1, 2000, if the Ordinance passes for 55 permits with the 4 "Al Minutes January 18, 2000 emergency clause, Black & White would have 83 permits for two weeks. Director Keck asked if the existing permits could be extended. Mr. Carpenter said it would take an amendment to the Transportation Code, which he could probably have by next Tuesday. The motion to reduce the number of permits to 55 was adopted by the following roll call vote: Ayes — Directors Lichty, Cazort, Keck, Kumpuris, Kelly and Mayor Dailey — total 6; Noes — Directors Pugh, Hinton, Stewart, Wyrick, and Adcock — total 5; Absent — None. Mayor Dailey announced the Ordinance had been amended to reduce the number of permits from 83 to 55. The Ordinance, as amended, was then read the first time. There was a motion and second by Directors Keck and Lichty, respectively, to suspend the rules to provide for the second reading of the Ordinance. A roll call vote was taken as follows: Ayes — Directors Lichty, Cazort, Keck, Kumpuris, Kelly, and Mayor Dailey — total 6; Noes — Directors Pugh, Hinton, Stewart, Wyrick, and Adcock — total 5; Absent — None. Having failed to receive the required eight votes to suspend the rules, the Ordinance was not read the second time. Director Cazort noted that if the Ordinance is not passed in some form, as of February 1, 2000, Black & White Cab Company may not legally operate a single cab in the City of Little Rock. Director Adcock requested that the Board recess this meeting to reconvene on Tuesday, January 25, 2000, to give time to work out the issues. Director Lichty then moved to expunge the vote on suspending the rules for the second reading. The motion was seconded by Director Keck and adopted by the following roll call vote: Ayes — Directors Lichty, Cazort, Keck, Kumpuris, Kelly, and Mayor Dailey — total 6; Noes — Directors Pugh, Hinton, Stewart, Wyrick, and Adcock — total 5; Absent — None. With the vote expunged, there was a subsequent motion and second by Directors Keck and Cazort, respectively, to suspend the rules to provide for the second reading of the Ordinance, as amended. The motion failed to receive the required eight votes by the following roll call vote: Ayes — Directors Pugh, Lichty, Cazort, Keck, Kumpuris, Kelly, and Mayor Dailey — total 7; Noes — Directors Hinton, Stewart, Wyrick, and Adcock — total 4; Absent — None. Whereupon, the Ordinance, as amended, was left on the calendar for second reading at the reconvened meeting on Tuesday, January 25, 2000. City Manager Cy Carney did not have an Activity and Project Report. No one was registered to speak at the time allotted for Citizen Communications. The Board of Directors recessed to Executive Session at 10:48 o'clock P.M. to consider appointments to various Boards and Commissions. The Board of Directors reconvened at 10:55 o'clock P.M. with Mayor Dailey presiding and nine Directors present. (Director Kumpuris was absent.) Resolution No. 10,757 was introduced, with the title being: A RESOLUTION MAKING APPOINTMENTS TO ARKANSAS MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES AND THE RACIAL AND CULTURAL DIVERSITY COMMISSION. (Museum — Marge Schueck appointed, Racial & Cultural Diversity — Mabelene Hill appointed.) Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Lichty and the Resolution was unanimously adopted by the Board Members present. There being no further business to be presented, the Board of Directors recessed at 11:00 o'clock P.M. to reconvene on Tuesday, January 25, 2000, to consider the Ordinance to renew taxicab operator permits for Black and White Cab Company. ATTEST: City Clerk Robbie Hancock PROVED: &I M ayor Jim Dailey