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HomeMy WebLinkAbout01-02-96F" 2 V Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas January 2, 1996 - 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 Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, and Wyrick - total 9; Absent - Director Wilson - 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 Vice Mayor Adcock, followed by the Pledge of Allegiance. Consideration was then given to the Consent Agenda as follows. (1) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of November, 1995. (To be received and filed.) (2) A motion to set a public hearing for January 16, 1996 on the appeal of the Planning Commission's approval of a Conditional Use Permit for Cellular One, Norwood Lane Site (Z -6061 - Zoning Appeal filed by the Norwood family and the estate of Charles Norwood.) (3) Resolution No. 9,589 titled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THAT PART OF EAST 9TH STREET BETWEEN BLOCK 3 AND BLOCK 6, CLINTON PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (January 16, 1996.) (4) Resolution No. 9,590, described as: A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON JANUARY 16, 1996 TO CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE OF SEWER REVENUE BONDS. (5) Resolution No. 9,591, with the title being: A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR ASPHALT MATERIALS FOR THE DEPARTMENT OF PUBLIC WORKS; AND FOR OTHER PURPOSES. (6) Resolution No. 9,592, entitled: A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACTUAL AGREEMENTS WITH FARRIORS AND R &R UNIFORM, INC. TO PROVIDE UNIFORMS AND ACCESSORIES FOR THE LITTLE ROCK FIRE DEPARTMENT; AND FOR OTHER PURPOSES. (7) Resolution No. 9,593, described as: A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACTUAL AGREEMENTS WITH TOWNSHIP CONSTRUCTION TO INSTALL CERTAIN TRAFFIC SIGNALS; AND FOR OTHER PURPOSES; (University Avenue and Cantrell Road, Baseline Road and Oman Road, and University Avenue and Berkshire Drive.) (8) Resolution No. 9,594, with the title being: A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACTUAL AGREEMENTS WITH R &R UNIFORM TO PROVIDE EMERGENCY VEHICLE ACCESSORIES; AND FOR OTHER PURPOSES. (Signals, gun racks, consoles, etc.) 1 Nlinutes January 2, 1996 (9) Resolution No. 9,595, entitled: A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1996; AND FOR OTHER PURPOSES. Upon a motion by Director Adcock which was seconded by Director Wyrick and unanimously adopted, the Consent Agenda was dispensed with as follow: (1) The Comparative Statement of Income Account for the Little Rock Municipal Water Works was received and filed; (2) the motion setting the public hearing date on Zoning Appeal A -6061 - Cellular One, Norwood Site was unanimously adopted; and (3, 4, 5, 6, 7, 8, and 9) Resolutions No. 9,589, 9,590, 9,591, 9,592, 9,593, 9,594, and 9,595 were read in full and unanimously adopted by the Board Members present. (Director Nilson enrolled at 6:08 o'clock P.M.) At the time allotted for Citizen Communications, the only speaker was Mr. Jim Porter, 2108 Beechwood. Mr. Porter stated he had a problem with trash collection; he has to call Waste Management from 5 to 20 times. Sometimes the garbage is not picked up for two weeks. Mayor Dailey asked City Manager Charles Nickerson to provide Board Members with a report. (Director Kumpuris was excused at 6:10 o'clock P.M. before the public hearing was opened on Zoning Appeal Z -5991 because he is a partner with Dr. James A. Metrailer, the applicant.) Item 10 on the Agenda was a public hearing on the appeal of the Planning Commission's denial of the Harrison Place Apartments Short -Form Planned Development- Residential (Z- 5961), located at the NN corner of N. Harrison and Evergreen Streets, filed by Dr. James A. Metrailer. (NOTE: At the Board of Directors meeting held July 18, 1995, a motion was adopted to table the public hearing and Ordinance until October 17, 1995; a motion to remove this item from the table did not receive the required 6 votes on 10- 17 -95; therefore, no action was taken on the public hearing and Ordinance. See Minutes of July 18, 1995 and October 17, 1995.) Dr. Metrailer has requested a second hearing on his appeal. Mayor Dailey opened the public hearing. Dr. Metrailer explained that the proposal originally presented has been amended to provide for two options. Option 1 would allow two single family homes on the property as is currently zoned. Option 2 would allow one duplex unit to be placed on the property in the middle of the two lots. Mr. Jim Lawson, Director of Neighborhoods and Planning, said the issue of whether the buildings would be one story or two stories needs to be resolved now, because that is one of the concerns of the neighborhood. In response to a question by Mayor Dailey, Mr. Lawson stated that Mr. Metrailer could build two 2 -story houses on the two lots as long as he met the 35 ft. height limit. If Mr. Metrailer decides on the duplex he would submit a final plan /plat to combine the two lots into one lot. The plan /plat would then be approved by the Planning Staff. Speaking in opposition to the Harrison Place Apartments PD -R were Mrs. Jan Bowman, Martha Cross, and Paul Crawford. Mrs. Cross said she received no formal notification, but was informed of the public hearing by her neighbor. Mrs. Mary Boaz distributed a letter she received from Dr. Metrailer which had answered her concerns, and she felt his proposal for a duplex instead of a four -plex was a good compromise. Director Hodges questioned the notification process. Mr. Lawson stated he had been in contact with Mary Boaz and Jerry Sears a number of times and they have been the ones to notify the other neighbors. Director Joyce said she also contacted some of the neighbors. Director Sharp felt that a notice of the public hearing should have been published in the newspaper. Mr. Paul Crawford, President of the Hillcrest Residents 2 a22 Nlinutes January 2, 1996 Association, said the Association would be more willing to have single family homes, but did agree to the compromise of a duplex and something that would be in conformance architecturally with the historic buildings that surround it. He said he was not notified of the public hearing even though he is president of the Association. Mayor Dailey declared the public hearing closed. City Attorney Tom Carpenter advised that the notice provisions have been violated; therefore, this matter is not properly before the Board, and since Mr. Metrailer did the notification for the first public hearing which was tabled by the Board of Directors, then the City should be responsible for the notification. Director Hodges requested that registered letters be sent to everyone on the street. There was a motion by Director Keck, seconded by Director Adcock, to set another public hearing on the Zoning Appeal (Z -5961 - Harrison Place Apartments PD -R) for February 6, 1996 at 6:00 o'clock P.M., and the motion was unanimously adopted. Therefore, the proposed Ordinance establishing the Harrison Place Apartments Short -Form PD -R was not presented. (Director Kumpuris re- enrolled at 6:45 o'clock P.M.) Consideration was then given to Ordinance No. 17,069, entitled: AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519) REDUCING THE RIGHT -OF -WAY AND PAVING STANDARDS FOR SEVERAL MINOR ARTERIALS IN CENTRAL LITTLE ROCK, AND FOR OTHER MATTERS; (Wright Avenue /17th Street, Chester, Main Street.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Hinton, which was seconded by Director Joyce, and unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Keck and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Item 12 on the Agenda for second reading was a proposed Ordinance providing for a waiver from the requirements to dedicate additional right -of -way for a right turn lane on Chenal Parkway and to address other issues concerning the 1990 PCD approval for One Source Home Center Amended Long - Form PCD, located at 15707 Chenal Parkway (2- 4933 -D). City Attorney Tom Carpenter said the Ordinance needs to be deferred for additional information from the developer. City Staff and the developer may be able to reach an agreement. The Ordinance was deferred as requested. The next presentation was Ordinance No. 17,070, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF THE SIDEWALK REQUIREMENTS FOR ROY R. JOLLEY, D.D.S., OFFICE BUILDING LOCATED AT #5 VAN CIRCLE, LOT 3 -C- BR, HILLSIDE VILLAGE ADDITION, LITTLE ROCK, ARKANSAS. and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Hinton, which was seconded by Director Joyce, and unanimously adopted by the Board Members present, Minutes January 2, 1996 "S Fir 3 being eleven in number and two - thirds or more of the members of the Board of Directors - elect. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Keck and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members resent, being eleven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Item 14 on the Agenda was a proposed Ordinance providing for a waiver of the sidewalk requirements for Park Place Baptist Church, located at 5630 Mabelvale Pike, Little Rock, Arkansas. The Ordinance was deferred until January 16, 1996, as requested. Item 15 on the Agenda was a proposed Resolution authorizing the City Manager to enter into a contract to provide exclusive booking and management rights at Riverfront Amphitheater; and for other purposes. The Resolution was deferred until January 9, 1996 for additional information. Item 16 on the Agenda was a proposed Resolution titled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BLASS, CHILCOTE, CARTER, GASKIN, BOGART & NORCROSS ARCHITECTS (BCCGBN) TO PROVIDE ADA CONSULTANT SERVICES FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Resolution was read in full. There was a motion and second by Directors Keck and Wyrick, respectively, to adopt the Resolution. A lengthy discussion ensued regarding the need for an ADA Consultant and the cost involved. City Attorney Tom Carpenter stated the City Staff does not have the expertise needed to assure compliance with ADA requirements. A voice vote was taken on adoption of the Resolution, with both Aye and No Votes cast. Before a roll call vote was taken, there was a motion by Director Keck to expunge the vote and defer the Resolution until January 16, 1996. The motion was seconded by Director Sharp, and unanimously adopted. Therefore, the Resolution was deferred until January 16, 1996. The next presentation was Ordinance No. 17,071, with tht title being: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MGT OF AMERICA FOR A DISPARITY STUDY; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; 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 eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Mason, respectively, to again suspend the rules and place the Ordinance on third and final reading, which was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, and a roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris and Mayor Dailey - total 11; Noes - None; Absent - None. 4 `124 Minutes January 2, 1996 Whereupon, the Ordinance was declared PASSED. (Note: The Ordinance was read with a,� emergency clause and vote was taken; however, the Ordinance did not contain an emergency clause.) Consideration was then given to Ordinance No. 17,072, entitled: AN ORDINANCE TO AUTHORIZE A CONTRACT BETWEEN THE CITY AND THE DOWNTOWN PARTNERSHIP TO OPERATE THE FARMER'S MARKET IN THE RIVER MARKET DISTRICT; TO DISPENSE WITH COMPETITIVE BIDDING; APPROPRIATING FUNDS TO PAY FOR THE CONTRACT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. Mr. Jimmy Moses, President of the Downtown Partnership, explained the proposal. Under the contract, funds will be provided to enable the Downtown Partnership to provide management services for the operation of the River Market facility. There was a motion and second to suspend the rules and place the Ordinance on second reading. The motion was made by Director Keck, seconded by Director Sharp, and unanimously adopted by the Board Members present, being eleven in number and two thirds or more of the members of the Board of Directors - elect. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Mason and Hinton, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two thirds or more of the members of the Board of Directors - elect, and there was a third and final reading of the Ordinance. A roll call vote was taken on the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris and Mayor Dailey - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 4 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. (Director Joyce was excused at 7:20 o'clock P.M.) Introduced next was Ordinance No. 17,073, described as: AN ORDINANCE AMENDING CHAPTER 8 OF LITTLE ROCK, ARK., REV. CODE (1988) CONCERNING ELECTRICAL CODE REQUIREMENTS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. In response to Director Adcock's question regarding notification, Mr. Jim Lawson, Director of Neighborhoods and Planning, stated that the Arkansas General Contractors Association and the Arkansas Home Builders Association have been notified of the proposed adoption of State and National Codes. There was a motion by Director Adcock, seconded by Director Sharp, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, respectively, to again suspend the rules and place the Ordinance on third and final reading, and the motion was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time, followed by a roll call vote on the question, Shall the Ordinance Pass: Ayes - Directors Adcock, Wilson, Minutes January 2, 1996 Hinton, Hodges, Keck, Wyrick, Sharp, Mason, Kumpuris and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,074, with the title being: AN ORDINANCE AMENDING CHAPTER 8 OF THE LITTLE ROCK CODE OF ORDINANCES, PROVIDING FOR THE ADOPTION BY REFERENCE OF THE 1996 NATIONAL ELECTRICAL CODE; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. At Director Adcock's request the Emergency Clause was deleted from the Ordinance. There was a motion by Director Adcock, seconded by Director Sharp, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors- elect, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, respectively, to again suspend the rules and place the Ordinance on third and final reading, and the motion was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time, followed by a roll call vote on the question, Shall the Ordinance Pass: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Keck, Wyrick, Sharp, Mason, Kumpuris and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,075, entitled: AN ORDINANCE AMENDING CHAPTER 8 OF THE LITTLE ROCK CODE OF ORDINANCES, PROVIDING FOR THE ADOPTION BY REFERENCE OF THE 1991 STANDARD MECHANICAL CODE WITH ARKANSAS AMENDMENTS AND 1991 REVISIONS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. At Director Adcock's request the Emergency Clause was deleted from the Ordinance. There was a motion by Director Adcock, seconded by Director Sharp, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, respectively, to again suspend the rules and place the Ordinance on third and final reading, and the motion was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time, followed by a roll call vote on the question, Shall the Ordinance Pass: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Keck, Wyrick, Sharp, Mason, Kumpuris and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,076, with the title being: AN ORDINANCE AMENDING CHAPTER 8 OF THE LITTLE ROCK CODE OF ORDINANCES, PROVIDING FOR THE ADOPTION BY REFERENCE OF THE 1994 ARKANSAS ENERGY CODE; AND FOR OTHER PURPOSES; (Rules and Regulations for Energy Efficiency Standards for New Building Construction.) and the Ordinance was read the first time. (At Director Adcock's request the Emergency Clause was deleted from the Ordinance. There was a motion by Director Adcock, seconded by Director Sharp, to suspend the rules and place the Ordinance on second reading. The motion was unanimously 3 �v Minutes January 2, 1996 adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Hinton, respectively, to again suspend the rules and place the Ordinance on third and final reading, and the motion was unanimously adopted by the Board Members present, being ten in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time, followed by a roll call vote on the question, Shall the Ordinance Pass: Ayes - Directors Adcock, Wilson, Hinton, Hodges, Keck, Wyrick, Sharp, Mason, Kumpuris and Mayor Dailey - total 10; Noes - None; Absent - Director Joyce - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Resolution No. 9,596, described as: A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH SAFETY -KLEEN CORPORATION TO INSTALL GROUND WATER MONITORING WELLS IN IRONTON CUTOFF ROAD; AND FOR OTHER PURPOSES; (Adjacent to the closed municipal landfill.) and there was a full reading of the Resolution. Director Keck moved for the adoption of the Resolution. The motion was seconded by Director Hinton, and the Resolution was unanimously adopted. Consideration was then given to Resolution No. 9,597, entitled: A RESOLUTION TO GRANT A UTILITY EASEMENT NEAR PANTHER BRANCH CREEK AND SANDPIPER CREEK TO WINROCK DEVELOPMENT CORPORATION; AND FOR OTHER PURPOSES; (Across Brodie Creek floodway for construction of a sanitary sewer line to serve Sandpiper Creek IV Addition.) and there was a full reading of the Resolution. Director Keck moved for the adoption of the Resolution. The motion was seconded by Director Hinton, and the Resolution was unanimously adopted. The next presentation was Resolution No. 91598, which was added to the Agenda as requested by Mayor Dailey, with the title being: A RESOLUTION OF INTENT TO PARTICIPATE IN THE DEVELOPMENT OF A COMMUNITY LEARNING CENTER AT PHILANDER SMITH COLLEGE; AND FOR OTHER PURPOSES; (To be located at 14th and Chester Streets.) and there was a full reading of the Resolution. Director Keck moved for the adoption of the Resolution. The motion was seconded by Director Hinton, and the Resolution was unanimously adopted. Item 25 on the Agenda was a proposed Resolution setting the date for a public hearing on January 16, 1996 on the Board's intent to exercise extraterritorial zoning in an area around College Station. Mr. Jim Lawson, Director of Neighborhoods and Planning, stated that in 1988 the City declared its intent to zone in the extraterritorial area (College Station and some other areas along the section line). Mr. Lawson proposed a process of taking this matter back to the Planning Commission in February, publishing a map in the newspaper, have community meetings, also distribute a flier in the area, put up signs in the area, use the government access channel. Board Members generally agreed to the process recommended by Mr. Lawson, therefore no action was taken on the proposed Resolution. The proposed Resolution making appointments to various Boards and Commissions was deferred until the reconvened meeting on January 9, 1996. 7 Minutes January 2, 1996 There being no further business to be presented, the Board of Directors recessed at 7:30 o'clock P.M. to reconvene on Tuesday, January 9, 1996 at 4:00 o'clock P.M. to evaluate City Manager Charles Nickerson and City Attorney Tom Carpenter and to consider appointments to various Boards and Commissions. A ZTE ST: City Clerk Robbie Hancock 0 PROVED• ad tj 4yTtkkor J m Dailey :327