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02-15-00651 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas February 15, 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 Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, and Adcock - total 9; Absent - Director Pugh - 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 Mayor Dailey, followed by the Pledge of Allegiance. Mayor Dailey announced that the CATA presentation and Item M -1 on the Agenda Modifications would be considered following the Consent Agenda. Director Adcock moved to defer Items 27 and 34 as listed on the Agenda Modifications. Director Hinton seconded the motion which was unanimously adopted. Therefore, no action was taken on the following: (27) AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED SOUTHRIDGE OFFICE PARK LONG FORM POD (Z- 6787), LOCATED AT THE NORTHWEST CORNER OF CANTRELL ROAD AND SOUTHRIDGE DRIVE, 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. (Deferred to March 7, 2000 as requested by applicant.) (34) A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A TOWING FRANCHISE WITH ASHER WRECKER SERVICE, INC., METRO TOWING & RECOVERY, ROUTH WRECKER SERVICE, AND TREK TOWING, LLC. FOR ONE YEAR, EFFECTIVE MARCH 1, 2000. (Deferred to February 22, 2000.) Consideration was then given to the Consent Agenda, which consisted of the following: (1) City of Little Rock, Arkansas Comprehensive Annual Financial Report for the year ended December 31, 1998. (To be received and filed.) (2) City of Little Rock, Arkansas Single Audit Report for the year ending December 31, 1998. (To be received and filed.) (3) Resolution No. 10,766, entitled: A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH ARKANSAS ENTERPRISES FOR THE DEVELOPMENTALLY DISABLED TO PROVIDE TECHNICAL ASSISTANCE TO APPLICANTS FOR OWNER- OCCUPIED HOUSING ASSISTANCE; AND FOR OTHER PURPOSES. (4) Resolution No. 10,767, with the title being: A RESOLUTION TO AUTHORIZE A CONTRACT WITH THE PULAKSI ENTERPRISE COMMUNITY ALLIANCE, INC., TO PROVIDE ADMINISTRATIVE AND OVERSIGHT SERVICES, TO PROMOTE REBUILD ACTIVITIES AND PROJECTS, AND TO COORDINATE WITH THE DISASTER AREA REBUILD COUNCIL; AND FOR OTHER PURPOSE. 652 Minutes February 15, 2000 (5) Resolution No. 10,768, entitled: A RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE DEEDS FOR THE SALE OF CITY OWNED VACANT LOT AT 2609 BROADWAY TO MICHAEL W. & DEBRA A. STONE. (Lot 3, Block 4, Retan's Addition.) (6) Resolution No. 10,769, described as: A RESOLUTION TO RESCHEDULE THE PUBLIC HEARING TO MARCH 21, 2000 ON THE PETITION TO VACATE AND CLOSE A PORTION OF 10TH AND 11TH STREETS AND THE ALLEY IN BLOCK 9 OF ROOTS & COY'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, PURSUANT TO ARK. CODE. ANN. SEC. 14 -54 -104 (MICHIE 1987). (Resolution No. 10, 744 set P.H. for 2- 15 -00.) (7) Resolution No. 10,770, with the title being: A RESOLUTION TO AUTHORIZE A CONTRACT WITH THE FIRM BAIRD, KURTZ, & DOBSON TO PROVIDE AUDIT AND ACCOUNTING SERVICES TO THE CITY; AND FOR OTHER PURPOSES. (8) Resolution No. 10,771, entitled; A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF PUBLIC HEARING ON AN ORDINANCE ESTABLISHING A SCHEDULE OF SEWER RATES FOR THE LITTLE ROCK WASTEWATER UTILITY AND FIXING THE EFFECTIVE DATE THEREOF AND DECLARING AN EMERGENCY. (March 21, 2000) (9) Resolution No. 10,772, described as: A RESOLUTION REAPPOINTING MR. WOOTEN EPES AS A COMMISSSIONER OF THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS. Upon a motion and second by Directors Adcock and Hinton, respectively, the Consent Agenda was unanimously adopted by the Board Members present. Consideration was then given to Ordinance No. 18,202, with the title being : AN ORDINANCE RECLASSIFYING PROPERTY LOCATED 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; (Z-4544 -A — To rezone property at 4701 Baseline Road from "R -2" Single Family 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 ten in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 18,203, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED 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; (Z -6798 — To rezone property at 1014 Autumn Road from "R -2" Single Family District to "0-3" 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 ten in number and two - thirds or more of the members of the Board of 653 Minutes February 15, 2000 Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 18,204, described as: AN ORDINANCE APPROVING MODIFICATION TO A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A PLANNED ZONING DEVELOPMENT TITLED HILLCREST SQUARE REVISED PCD (Z- 4251 -A), LOCATED AT 3000 KAVANAUGH BLVD., IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 14,747 AND 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 ten in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 18,205, with the title being: AN ORDINANCE APPROVING MODIFICATION TO A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A PLANNED ZONING DEVELOPMENT TITLED KANIS ROAD MINI - STORAGE REVISED PCD (Z- 4653 -F), LOCATED ON THE WEST SIDE OF BOWMAN ROAD, 700 FEET SOUTH OF KANIS ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCES NO. 15,105, 16,204, 17,204, 17,403 AND 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 ten in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 18,206, entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT— COMMERCIAL TITLED ACCESSIBILITY SPECIALITIES SHORT —FORM PD -C (Z- 5709 -A) LOCATED ALONG THE WEST SIDE OF BARROW ROAD, APPROXIMATLEY 300 FEET SOUTH OF LABETTE DRIVE 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 ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 18,207, described: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED GMAC LONG -FORM POD (Z- 6019 -B) LOCATED AT THE SOUTHWEST CORNER OF CHENAL PARKWAY AND LA GRANDE DRIVE 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 3 rF 654 Minutes February 15, 2000 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 the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 18,208, with the title being: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT - RESIDENTIAL TITLED LINDSEY SHORT -FORM PD -R (Z -6766) LOCATED AT 3524 WEST CAPITOL AVENUE 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 ten in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 18,209, entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED WILLIFORD LONG -FORM PCD (Z -6783) LOCATED AT 15723 KANIS ROAD 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 ten in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 18,210, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF MASTER STREET PLAN RIGHT -OF -WAY AND FLOODWAY DEDICATION FOR WILLIFORD PCD (Z- 6783), LOCATED AT 15723 KANIS 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 ten in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 18,211, with the title being: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED CHILDERS SHORT -FORM POD (Z -6786) LOCATED AT 15000 CANTRELL ROAD 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 ten in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. Minutes February 15, 2000 Consideration was then given to Ordinance No. 18,212, with the title being: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE ELLIS MOUNTAIN PLANNING DISTRICT FROM SINGLE FAMILY TO LOW DENSITY RESIDENTIAL; AND FOR OTHER PURPOSES; (Re: Hyde Park PRD.) 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 the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 18,213, entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED RESIDENTIAL DISTRICT TITLED HYDE PARK SHORT -FORM PRD (Z -6789) LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF GAMBLE ROAD AND WESTGLEN DRIVE 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 ten in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 18,214, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A CONDITIONAL WAIVER OF MASTER STREET PLAN STREET IMPROVEMENTS FOR PRIEST SUBDIVISION (5- 1269), LOCATED AT 2519 WILLOW SPRINGS 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 ten in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was given to Ordinance No. 18,215, described as: AN ORDINANCE TO AUTHORIZE A CONTRACT WITH METRO PHYSIO CONTROL FOR THE PURCHASE OF FIVE (5) AUTOMATIC EXTERNAL DEFIBRILLATORS FOR THE LITTLE ROCK FIRE DEPARTMENT; TO WAIVE COMPETITIVE BIDS; 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 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 the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance was declared PASSED. The Emergency Clause contained in Section 4 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. 655 656 Minutes February 15, 2000 Consideration was then given to Ordinance No. 18,216, with the title being: AN ORDINANCE TO AUTHORIZE A CONTRACT WITH HURST JAWS OF LIFE TO REPAIR SUCH UNITS FOR THE LITTLE ROCK FIRE DEPARTMENT; TO WAIVE COMPETITIVE BIDS; 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 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 the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. The Emergency Clause contained in Section 4 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 10; Absent - Director Pugh - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. The CATA Route Modification Presentation began at 6:25 o'clock P.M. City Manager Cy Carney stated that the proposed bus route changes were reviewed at two public hearings. The CATA staff has done a good job in responding to the concerns of citizens expressed at the public hearings. He recommended the Board authorize the commitment of $90,000 to CATA to subsidize the cost of certain routes. Mr. Keith Jones, Executive Director of the Central Arkansas Transit Authority (CATA), made a presentation regarding the proposed bus route modification. He reviewed the Status Report of the Proposed Bus Route Changes dated February 8, 2000, which had been distributed to the Board. He said CATA is prepared to operate with the amount of money the City of Little Rock has appropriated, but it will hurt some folks. There is about $400,000 in additional costs; about $200,000 is for the opening of the long awaited and much needed transfer center (located between 4th and 5th, Cumberland and Rock Streets), which is scheduled to open in April, 2000. Vehicle insurance costs have increased and he anticipates an increase in the union contract. He then responded to questions by the Board. CATA has a contract with Alltel Arena for shuttle service for arena events. Little Rock, North Little Rock, and Pulaski County are investing in a proposed River Rail System to serve tourists, conventions, visitors and downtown residents and office workers. He responded to Director Adcock's questions regarding the Welfare -to -Work contract. FUTURE- Little Rock funds purchased smaller buses which cost less to buy, but smaller buses are more expensive because they wear out in four years whereas the big buses last twenty years. Following the lengthy discussion, Resolution No. 10,773 was presented, described as: A RESOLUTION TO AUTHORIZE AN ADDITIONAL COMMITMENT OF NINETY THOUSAND DOLLARS TO CENTRAL ARKANSAS TRANSIT AUTHORITY TO SUBSIDIZE THE COST OF CERTAIN ROUTES; AND FOR OTHER PURPOSES. Director Kumpuris moved to accept the Resolution with the amendment that within thirty days of implementation of the new routes, CATA will provide the Board with a report of how they are working. Director Hinton seconded the motion, and the Resolution was unanimously adopted, as amended. At 7:35 o'clock P.M several citizens addressed the Board regarding bus routes. Mr. Searcy Ewell (508 S. Valentine); Rea Cherreth (1201 Madison #D), Michael Triplett (HOPE Center Board); Clifton Coates (114 Brookside Dr.); Brent Philpot (400 N. University #612); Arlene Surber (806 N. Coolidge); Marilyn Shaffer (1602 Green Mountain #417); Rev. Delton Jones (2915 State); William Shumaker (811 N. Spruce); and Jimmy Sparks. Ms. Shaffer presented a stack of petitions to Mayor Dailey expressing opposition to the cuts in bus service and asking the Board of Directors and CATA to keep residential bus service as it is. The reduction in service will hurt senior citizens, people with disabilities, low- income citizens and people who depend on public transit to travel to their jobs. At 8:05 o'clock P.M. the Board of Directors recessed to Executive Session to consider appointments to the Racial and Cultural Diversity Commission. The Board reconvened at 8:35 o'clock P.M. with Mayor Dailey presiding and nine Directors present. (Director Pugh was absent.) 6 Minutes February 15, 2000 Consideration was then given to Resolution No. 10,774, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE RACIAL AND CULTURAL DIVERSITY COMMISSION. (Ward 3 — Lilia Compadre; Ward 5 — Eric Walker; At -large — Elizabeth Plowman.) Following the reading of the Resolution, Director Cazort moved for its adoption. Director Kumpuris seconded the motion and the Resolution was unanimously adopted by the Board members present. Item 10 on the Agenda was Ordinance No. 18,217 entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED "KROGER SHORT -FORM PCD" (Z- 6777 -A) LOCATED AT 1816 POLK STREET (BLOCK BOUNDED BY KAVANAUGH BLVD., POLK STREET, TAYLOR STREET AND CANTRELL ROAD) IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO DESIGNATE THIS PCD; AND FOR OTHER PURPOSES. (Note: The Ordinance as read the first time included the phrase "APPROVING A FRANCHISE TO USE AND OCCUPY THE RIGHT -OF -WAY OF "R" STREET BETWEEN POLK AND TAYLOR STREETS. " However, the Ordinance was amended to delete that phrase and to add a severability clause. See motion on page 3 following the lengthy discussion and the first reading of the Ordinance) There was a lengthy discussion from 8:40 o'clock P.M. to 9:45 o'clock P.M. Mr. Jim Lawson, Director of Planning & Development, gave an overview of the project. He displayed the original plan that was proposed over a year ago, and the plan that was under consideration at this time. Staff has been working with Kroger for over a year on the development. However, this issue first came to the Board as a street and alley closure on January 4, 2000. As a result of the opposition by residents in the Pulaski Heights area to the closing of "R" Street between Polk and Taylor Streets, Kroger has proposed a Planned Commercial District, because some people were concerned that once the street was closed they would not actually do what was proposed. Staff had another meeting in the neighborhood to be sure people understood the plan. There was still some confusion on the issue. Many thought this was a debate on the development. There is someone who wants to present an alternative plan. Mr. Lawson did not feel the alternative plan should be considered. The Board should vote on this plan only. This is not a battle of the plans for the Kroger development. This has come to the Board after many, many changes trying to address a lot of the issues. A lot of the residents are for the plan and there are still a lot of people against the plan. The applicant has put retail on the front as requested. They have done a lot of the things that staff has asked for. They have turned the Polk Street entrance from a two -way to a one -way. Staff hopes you will approve the PCD in this form. City Attorney Tom Carpenter said the Ordinance needs to be amended to add the severability clause. He said there were two factors of some concern in drafting the PCD because of the request to close "R" Street and the alleyway. One concern was what is the best way to protect the City in the event anything unforeseen happens and this particular development should be destroyed in the future, so there is very strong language put into Section 2, subpart 1 and Section 4 of the Ordinance that note that this particular closure is appropriate only because of the site plan and the type of development set forth here. Section 4 acknowledges that the only effective method to ensure any compatibility is that the development be in accordance with the site plan. The reason is to express this Board's very strong concerns to all future Boards that should anything ever occur, this is not to be a two block long commercial development that just meets minimum standards. It really needs to be a very specialized development that cannot be altered without express approval of the Board of Directors. Director Stewart felt the Board should listen to the alternative plan. Mr. Lawson said he just wanted the Board to understand this is the plan the applicant has filed. He had looked at the alternative plan for an access off Cantrell Road and determined that it would not work. At 8:45 o'clock P.M. Mayor Dailey announced there would be fifteen minutes for opposition to be presented. He read the names of those that turned in cards opposing the Kroger development, but did not wish to speak. Linda Hughes (8715 Cantrell Rd.), Mrs. John Miller (2101 N. Spruce), Debbie Davison (8715 Cantrell Rd.), Dena and Nicholas Trujillo (5213 Country Club), Kathie Felts (2034 Pine Valley), Ginger McEntire (5806 Hawthorne), Mrs. Fred Brown, Jr. (31 Beverly Place), and Lisa Madigan (9 Dove Circle). Mr. Mark Stodola (former City Attorney and a resident of the neighborhood) complimented Kroger for its willingness to submit a PCD application and go through that process and the improvements made to the overall plan. He expressed concern about the traffic circulation and ingress and egress for the parking lot. The issue of where the curb cuts 657 658 Minutes February 15, 2000 and traffic light should be is deserving of the Planning Commission analysis, but the Kroger PCD has not come before the Planning Commission. He referred to Little Rock City Code Revised Section 36 -81 which requires Planning Commission review and recommendation. He asked the Board to send this matter back to the Planning Commission. Responding to Director Keck's question, Mr. Carpenter said his office has taken the position that the City Board can take action directly. Director Keck noted that Kroger really did not have to submit the PCD; they could build on the property as it is currently zoned ( "C -3" General Commercial). Mr. Bob Turner, Acting Director of Public Works, said any unwarranted traffic signal is an impediment to traffic flow. Mr. Greg Simmons, Peters & Associates Traffic and Transportation Engineers, said he believed there are some traffic engineering issues that have not been addressed since no traffic impact study has been done in relation to this site. (1) Will the site be adequately served by the curb cuts proposed on Taylor Street alone? (2) If so, can the drive proposed on Polk Street be closed? (3) If so, the warrants for the traffic signal at Cantrell and Taylor should be re- examined. Mr. Larry Parker said that at the last Board Meeting, the words used were that Kroger was to meet with, discuss and negotiate with the neighborhood. That was not done. None of our recommendations or hypothetical situations have been considered. Kroger is quibbling over the cost of relocating the utilities under "R" Street, tearing down both buildings and relocating. Ms. Gala Miller (1815 N. Polk) said last October the Polk St. and Tyler St. neighborhoods met and were united in one most important plan change from Kroger — that was to close the Polk Street entrance as it was critical in protecting their neighborhood. Their fear is that if they don't have the curb cut off Cantrell, Polk Street becomes the curb cut and all the traffic will come down in front of residential homes. She said the residents deserve a full and comprehensive hearing, and this issue should go to the Planning Commission. Ms. Tricia Brown (5321 Hawthorne) said she was opposed because stores this size have not been built in established neighborhoods and the way Kroger desires to place this store on our property represents many traffic and safety issues. The alternative plan is workable and she urged the Board to deny this request. Others registered to speak in opposition but did not due to lack of time were: Richard Groh, Jim Frank, Lillian Porter, Martha Baldwin, Jim Porter, Don Barnes, Kathy Wells, Patrice O'Donoghue, Forrest Wolfe, and Sue Wolfe. Speaking in support of the Kroger Plan were Brock Thompson and Mildred Cooper, representing 26 people that are impacted by the Kroger PCD and are in the immediate neighborhood on Polk Street and Tyler Street. The immediate neighbors that will be impacted are in favor of the PCD. Mr. Maury Mitchell also spoke in support of the Kroger Plan, stating he lives within 1 -1/2 blocks of the store, and would like to get the issue settled. Mayor Dailey asked City Attorney Tom Carpenter to explain the proposal before the Board of Directors. Mr. Carpenter said what the Board had before was a request to close a street and alley and there were certain conditions that had been placed upon it. The Board requested that a more restrictive ordinance be in place which the Little Rock Code allows. That is why the PCD is there. This PCD expressly refers to the site plan that is attached to it which is the one that has been worked out through staff with Kroger and to some extent has been reviewed by what went on before the Board of Adjustment prior to that. The conditions of the Board of Adjustment are included in this Ordinance. A PCD cannot be changed without an amendment which would have to come to the Board of Directors. At that point it probably would have to go back through the Planning process because there really wouldn't be any basis for it being more restrictive. To the extent that we can keep this in a more refined alignment, we have done so in this Ordinance. Mr. Mike Scott, 1824 N. Tyler, one -half block from the proposed Kroger, said the plan meets with his approval. At 9:24 o'clock P.M. Mr. Corbin Rowe, Kroger Real Estate Division, said they have addressed every issue. When questioned, he said Kroger would pay for a traffic light if traffic warrants. Responding to Director Lichty's question about the alternative plan, Mr. Rowe said the curb cut off of Cantrell, the angle parking in the alley, and the courtyard for the shops cause such a shift in either cost or revenue of the project that it makes it completely unworkable. Mr. Lawson said he had gotten three or four calls from people on the south side of Cantrell in the Prospect Terrace area who said they would be opposed to having a traffic signal because if traffic was stopped there, they would not be able to get in and out of their neighborhood. Director Stewart recommended that this issue go back to the Planning Commission. Director Kumpuris said the issue before us is the closing of the street and alley. We have taken that issue and we have gerrymandered Kroger's store and done what the neighborhood wanted. Then they wanted to be sure ,Kroger would do what it said it would do. This is what Kroger has offered us as an assurance for closing the alley and the street. Director Kumpuris said that was his rationale for not sending this back to the Planning Commission. The Ordinance was then read the first time. At the request of Mr. Carpenter, a motion was made by Director Keck to amend the Ordinance by deleting the language about approving a franchise and adding the severability clause. The motion was seconded by Director Lichty and unanimously adopted. The rules were then 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 amended, which is recorded as follows: Ayes: Directors Hinton, Lichty, Minutes 6 5 Q February 15, 2000 Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director Pugh — total 1. Whereupon, the Ordinance, as amended, was declared PASSED. Introduced next was Ordinance No. 18,218, entitled: 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 IMPROVEMENTS REQUIREMENTS AND DRIVEWAY SPACING FOR KROGER FOOD STORE (Z -6777) LOCATED AT 1816 POLK STREET; and the Ordinance was read the second time, having been read the first time on January 4, 2000, and deferred from January 18, 2000. (See discussion above related to Ordinance No. 18, 217.) The rules were suspended to provide for the third and final reading 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 Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — None; Abstained — Director Stewart - total 1; Absent — Director Pugh — total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 18,219, described as: 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. - re: Kroger Store.) and the Ordinance was read the second time, having been read the first time on January 4, 2000, after the public hearing. The second reading had been deferred from January 18, 2000. (See discussion above related to Ordinance No. 18, 217.) The rules were suspended to provide for the third and final reading 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 Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — None; Abstained — Director Stewart - total 1; Absent — Director Pugh — total 1. Therefore, the Ordinance was declared PASSED. Consideration was given to Ordinance No. 18,220, with the title being: AN ORDINANCE VACATING AND CLOSING A PORTION OF "R" STREET BETWEEN POLK AND TAYLOR STREETS IN MOUNTAIN PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Re: Kroger Store.) and the Ordinance was read the second time. The public hearing was held January 4, 2000, and the Ordinance was read the first time. The second reading had been deferred from January 18, 2000. (See discussion above related to Ordinance No. 18, 217.) The rules were suspended to provide for the third and final reading 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 Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — None; Abstained — Director Stewart - total 1; Absent — Director Pugh — total 1. Therefore, the Ordinance was declared PASSED. Item 14 on the Agenda was a proposed Resolution accepting two easements for Candlewood Drive. City Attorney Tom Carpenter said there is really nothing before the Board at this time. The Board previously passed an Ordinance (No. 18,186 on January 4, 2000) at the request of the Whisenhunts that closed the lower part of Candlewood Drive (from that portion closed on October 19, 1999, by Ordinance No. 18,108 down to Cantrell Road), provided that the City was granted utility and drainage easements and that the easements were on file by February 15, 2000. That easement was filed today in a form acceptable to the City Attorney that gives the City drainage and utility access and access to emergency services vehicles and sanitation vehicles, so there is nothing before the Board. Mr. Herb Rule, attorney for Char -Beck Trust, said there are a few defects the Board might want to consider before accepting the easement. The easement has been recorded but the Board has the right to refuse it. Part of the injunction in January was that Mr. Jim Lawson, Director of Planning and Development, convene the parties to get together and agree on an Ordinance. There was one meeting. Thereafter, Mr. Whisenhunt refused to meet. The second defect is there is an important party that owns property adjacent to the street who hasn't given the City anything. That is Simmons 9 i Noes Minutes February 15, 2000 National Bank on the corner of Hwy. 10 and Candlewood. The absence of an agreement gives Char -Beck Trust no access to its properly. Char -Beck is fully willing to give Mr. Whisenhunt an easement of any sort that he needs, but he has not been willing to negotiate with us in good faith. Director Lichty said what he understood is that public access has been granted, but private access has not. Mr. Rule said that is correct. Director Lichty asked Mr. Carpenter his opinion of this situation given what Mr. Rule has stated. Mr. Carpenter said he has no right to tell a private entity who it can let on its property. Nothing that has happened to date prohibits the Char -Beck Trust and the Whisenhunts from negotiating access easements of their own on this road. Director Lichty said clearly the granting of any easement was to allow Char -Beck to have access to its property. Mr. Lawson said he and Mr. Bob Turner, Acting Director of Public Works, had reviewed the video from the previous meeting, and what was clear to them was that the City did not want to put the Whisenhunts in a negotiating position with Char - Beck Trust, when this is a public street. These two parties will not agree. He did not feel it was proper to put one landowner in a leverage position against another landowner when the street belongs to the City. Mr. Carpenter said there is no sense in closing a street if you are going to allow public access. Mayor Dailey agreed to meet with Mr. Rule and Mr. Whisenhunt to discuss the matter. Mr. Carpenter will have an Ordinance prepared for the reconvened meeting on Tuesday, February 22, 2000 to repeal the Candlewood street closure. Introduced next was Ordinance No. 18,221, entitled: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 35 OF THE ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; (Between Cumberland/LaHarpe Blvd. And Ottenheimer Plaza/Rock Street — for LaHarpe Furniture, et al.) and the Ordinance was read the second time, having been read the first time on February 1, 2000, following the public hearing. The rules were suspended to provide for the third and final reading 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 the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes: Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director Pugh — total 1. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by a motion adopted February 1, 2000, on the appeal of the Planning Commissions approval of a Conditional Use Permit for a multi - sectional manufactured home to be located on the property at 14200 Alexander Road. The appeal was filed by Mr. Reginald N. Crouse. Mayor Dailey declared the public hearing open at 10:05 o'clock P.M. The following speakers asked the Board to deny the C.U.P. because it will devalue their properties: Mr. Woody Ussery, #3 Natchez Lane; Mr. Don Robbins, 13908 Alexander Road; Mr. Daniel C. Taylor, #8 Natchez Lane; Mr. Reggie Crouse, 60 Natchez Lane; and Mr. Jack Mitchell, #10 Natchez Lane. Mr. Crouse submitted a copy of the petition presented to the Planning Commission containing 40 names of residents opposed to the C.U.P. because they felt it would reduce their property values. There are 40 site -built homes in this subdivision and they are trying to increase their property values. He said Mr. Zimmerebner wants to put a double -wide mobile home in place of a burned out site -built home, or ... and we don't know that the "or" is. Pre - manufactured homes are not safe to have in this neighborhood because we are in tornado alley. Ms. Janet Berry, 8013 Mabelvale Cutoff, spoke on behalf of Southwest Little Rock United for Progress, stating the group voted to support the residents of Alexander Road in their appeal of the C.U.P. She asked the Board of Directors to overturn the action of the Planning Commission. Director Cazort pointed out that the Bill of Assurance, referred to by Mr. Mitchell, is a contract between the property owners and the City is not a party in that. The applicant, Mr. Bobby Zimmerebner, 14200 Alexander Road, said there are no residences connected to his property and the area around is all woods. There are two residents across the street and they are not opposed. Responding to questions by Director Wyrick, Mr. Zimmerebner said if the C.U.P. is approved, he has a buyer for the property, who will tear down the burned structure and place a multi - sectional mobile home there. He then showed a seven minute video of the area. He said the manufactured home would not decrease property values in the area. Director Wyrick said she lives on the east portion of Alexander Road and there are a lot of really nice homes that were not shown in the video. As things change, the City and the neighborhood are trying to improve. The homes in the video are the ones that will be most closely affected. Director Adcock reminded the Board that it had denied requests for mobile homes at two locations in this area. Director Kumpuris asked that City Attorney Tom Carpenter draw up a six months moratorium on any manufactured homes for the Board to consider in two weeks and to be sent to the Planning Commission for guidelines. Mr. Carpenter asked that a section of the Ordinance be to provide for temporary location of manufactured housing in case of a 10 Minutes February 15, 2000 natural disaster. Mayor Dailey closed the public hearing at 10:45 o'clock P.M. Director Keck moved to consider the Resolution. The motion was seconded by Director Kumpuris and unanimously adopted. Therefore, consideration was given to Resolution No. 10,775, described as: A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING COMMISSION'S ACTION IN APPROVING A CONDITIONAL USE PERMIT FOR A MULTI - SECTIONAL MANUFACTURED HOME TO BE LOCATED ON THE PROPERTY LOCATED AT 14200 ALEXANDER ROAD (Z- 6779). Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Kumpuris and the Resolution was unanimously adopted by the following roll call vote: Ayes: Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director Pugh — total 1. The next presentation was Ordinance No. 18,222, described as: AN ORDINANCE APPROVING MODIFICATION TO A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A PLANNED ZONING DEVELOPMENT TITLED BRYELS REVISED PCD (Z- 6788), LOCATED AT 8510 COLONEL MILLER ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 16,161 AND 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 ten in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes: Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director Pugh — total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 18,223, with the tittle being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF SUDDIVISION ORDINANCES REQUIREMENTS FOR COMMERCE SQUARE (S- 1115 -A) LOCATED AT NORTHEAST CORNER OF UNIVERSITY AVENUE AND WEST 65 STREET; and the Ordinance was read the first time. Mr. Bob Turner, Acting Director of Public Works, responded to Director Adcock's questions regarding the waiver, stating this few feet of curb and gutter would actually disrupt the typical section of University in this area. Any project that changes University Avenue from an open ditch shouldered section is going to be a very comprehensive project. The rules were then 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 the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes: Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director Pugh — total 1. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 10,761, adopted February 1, 2000, on the petition filed by Robert Brown, Development Consultants, Inc., on behalf of One Bank & Trust and Franklin Limited Partnership, to vacate a public utility easement in Lots 7, 8, and 9 of Markham Commercial Subdivision of the City of Little Rock. The notice of hearing was published in the Daily Record on February 8, 2000, and February 15, 2000. Mayor Dailey declared the public hearing open at 10:55 o'clock P.M. No one was present who wished to speak on the issue and Mayor Dailey declared the public hearing closed. Ordinance No. 18,224 was presented with the title being: AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN LOTS 7, 8, & 9 OF MARKHAM COMMERCIAL SUBDIVISION, AN 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 ten in number and two - thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the 11 661 662 Minutes February 15, 2000 vote recorded as follows: Ayes: Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 10; Noes — None; Absent — Director Pugh — total 1. Whereupon, the Ordinance was declared PASSED. At 11:00 o'clock P.M. Director Adcock moved to waive the rules and extend the meeting beyond 11:00 o'clock P.M. to 11:45 o'clock P.M. The motion was seconded by Director Cazort and unanimously adopted. Item 37 on the Agenda was the next presentation, being Ordinance 18,225 described as: AN ORDINANCE AMENDING CHAPTER 8 OF LITTLE ROCK, ARK. REV. CODE (1988) TO REQUIRE A SURETY BOND AS A CONDITION OF ISSUANCE OF CONSTRUCTION RELATED PERMITS; AND FOR OTHER PURPOSES. (Note: The Surety Bond Ordinance had been deferred on November 6, 1999, December 7, 1999, December 14, 1999, and February 1, 2000.) Mr. Rex Johnson spoke in opposition to the Ordinance, stating this will never be the answer to the problem the City wants to correct. This will just allow the government more control. Mr. Roger Tipton, Western Surety Company, said he was contacted many years ago by former Building Codes Manager Roy Beard about establishing a compliance bond. A compliance bond will protect the citizens in the event the contractor, electrician, plumber, etc. does not do the work according to city codes. It will not cover everything, but if a citizen is harmed he can make direct claim to the surety company to pay off any of the compliance work that was not done properly. The bond will cost the contractor $50.00 per year. The bond is for the protection of the poor and elderly. Mayor Dailey wanted to be sure that we have an open door to anyone who has a complaint to file. Ms. Kathy Wells, Vice President of the Coalition of Little Rock Neighborhoods, spoke in support of the Ordinance, stating this is long- overdue protection for citizens and housing stock. She urged the Board to maintain Section D of the original proposed Ordinance, which would exempt only the owner working by himself on his primary residence. Do not exempt the landlords. Responding to a question by Director Wyrick, Mr. Jim Lawson, Director of Planning and Development, explained what has happened often in the last couple of years is that the work would be started, the City would make the initial inspection, the payment would be made for the remainder of the work, and the job was never completed. The City has no way of making the contractor finish the work. Responding to a question by Director Wyrick, Mr. Chuck Givens, Building Codes Manager, said the Home Builders Association is split on the issue. The Ordinance was then 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 Hinton, Lichty, Cazort, Keck, Stewart, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 9; Noes — Director Wyrick — total 1; Absent — Director Pugh — total 1. Therefore, the Ordinance was declared PASSED. At the time allotted for Citizen Communications, the only speaker was Mrs. Kathy Wells, Vice President of the Coalition of Little Rock Neighborhoods, who addressed the Board on the subject of crime fighting in Little Rock. Mrs. Wells expressed concern about drugs and urged the Board to renew its attention to the $200,000 allocation for drug treatment programs in this year's budget and the $50,000 federal grant to the Little Rock Police Department to deal with methamphetamine labs. Consideration was then given to the City Manager's Activity and Project Report, which consisted of a report of rescheduled ward meetings by HUD regarding expanded citizen participation in the CDBG process. Director Hinton requested a meeting at the Adult Leisure Center or the Woodruff School area. The Board of Directors was scheduled to hold a Retreat on February 22, 2000, in the Metroplan Building across the street from City Hall. Director Keck moved to hold the Retreat in the Board of Directors Room at City Hall and the motion was seconded by Director Cazort. The motion failed by the following roll call vote: Ayes — Directors Hinton, Cazort, Keck, and Wyrick — total 4; Noes — Directors Lichty, Stewart, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 6; Absent — Director Pugh — total 1. Therefore, the Retreat will be held at the Metroplan Building as scheduled. 12 Minutes February 15, 2000 There being no further business to be presented, the Board of Directors recessed at 11:30 o'clock P.M. to reconvene on Tuesday, February 22, 2000, at 4:00 o'clock P.M. to consider a zoning issue at Cantrell Road and Ranch Drive and the wrecker /towing franchise. ATTEST: <�Z aU4.¢: City Clerk Robbie Hancock 13 APPROVED: r� I yor Jim Dailey 663 i"