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HomeMy WebLinkAbout07-09-964 81. Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas July 9, 1996 - 4:00 P.M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the July 2, 1996 regular meeting 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 stated the purpose of the reconvened meeting was to consider a Planned Unit Development titled "The Edge" formerly the Spaghetti Warehouse; an amendment to the River Market Design Overlay District, a contract for the East Markham Streetscape, and appointments to various Boards and Commissions. Introduced first at the request of Director Sharp was Ordinance No. 17,236, entitled: AN ORDINANCE TO AMEND THE LITTLE ROCK, ARKANSAS ORDINANCE NO. 17,068 (THE 1996 BUDGET ORDINANCE); APPROPRIATING FUNDS FOR THE ENVIRONMENTAL QUALITY AND ANTI- LITTER TASK FORCE; AND FOR OTHER PURPOSES. At the July 2, 1996 regular meeting, the Anti -Litter Budget Ordinance was read the second time, having been read the first time on June 18, 1996. The motion to suspend the rules to provide for the third and final reading failed to receive the required two- thirds vote, and the Ordinance was left on the calendar for third reading on July 16, 1996. At this time Director Sharp stated he would like to have the Ordinance considered and moved to suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Hinton and adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Joyce, Wyrick and Mayor Dailey - total 8; Noes - Directors Hodges and Keck - total 2; Absent - Director Wilson - total 1. With the motion being adopted by two- thirds or more of the members of the Board of Directors, the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Joyce, Wyrick and Mayor Dailey - total 8; Noes - Directors Hodges and Keck - total 2; Absent - Director Wilson - total 1. Whereupon, Mayor Dailey announced that the Ordinance had PASSED. At the request of Director Kumpuris, the next presentation was Ordinance No. 17,237, described as: AN ORDINANCE TO REPEAL LITTLE ROCK, ARKANSAS, ORDINANCE NO. 17,235 (JULY 2,1996); DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. (Re: Solid Waste) Director Kumpuris moved to reconsider the Solid Waste Ordinance (Ordinance No. 17,235) which passed July 2, 1996. The motion was seconded by Director Mason, and adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Hodges, Keck, Wyrick and Mayor Dailey - total 7; Noes - Directors Adcock, Hinton, and Joyce - total 3; Absent - Director Wilson - total 1. Director Sharp then moved to repeal Ordinance No. 17,237, and the motion was seconded by Director Keck. City Manager Charles Nickerson expressed concern about repealing the Ordinance because staff needs some mechanism to enforce certain issues (garbage carts setting out for extended periods, carts blocking sidewalks, ADA compliance, hazardous waste materials, etc.). Directors Wyrick, Adcock and Joyce were opposed to repealing the entire 26 page Ordinance and suggested dealing with only the portions related to fines and green monsters (garbage carts). There was a substitute motion by Director Hodges, seconded by Director Wyrick, to repeal those portions dealing with fines and garbage cart regulations. City Attorney Tom Carpenter stated the Ordinance is not yet in effect because it did not have the emergency clause and suggested that if the Board has this level of discomfort with the 1 • Minutes - Reconvened Meeting July 9, 1996 emergency clause and suggested that if the Board has this level of discomfort with the Ordinance, the wise thing is to repeal the Ordinance and let staff look at the sections dealing with fines and garbage carts. The substitute motion and second by Directors Hodges and Wyrick were withdrawn. (Director Wilson enrolled at 4:45 o'clock P.M.) A roll call vote was then taken on the motion to repeal the Solid Waste Ordinance No. 17,235 as follows: Ayes - Directors Sharp, Mason, Kumpuris, Wilson, Hodges, Keck, Wyrick, and Mayor Dailey - total 8; Noes - Directors Adcock, Hinton, and Joyce - total 3. Whereupon, the motion was adopted. Mr. Carpenter then read the hastily written Ordinance to repeal Ordinance No. 17,235. There was a motion by Director Sharp to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Keck and adopted by a voice vote of 9 ayes and 2 noes (Adcock and Wilson), being two- thirds or more of the members of the Board of Directors, and the Ordinance was read the second time. There was a subsequent motion and second by Directors Keck and Wyrick, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted by a voice vote of 8 ayes and 3 noes (Adcock, Wilson, and Joyce), being two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Sharp, Mason, Kumpuris, Hodges, Keck, Wyrick and Mayor Dailey - total 7; Noes - Directors Adcock, Wilson, Hinton, and Joyce - total 4; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 8; Noes - Directors Adcock, Wilson, and Hinton - total 3; Absent - None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Consideration was then given to Ordinance No. 17,238, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PD -I DISTRICT TITLED "THE EDGE" SHORT -FORM PLANNED DEVELOPMENT - INDUSTRIAL (Z -6166) 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; (Z -6166 - "The Edge" PD -I - Located at 1010 East 3rd Street - formerly Spaghetti Warehouse.) and the Ordinance was read the first time. There was a motion by Director Sharp, seconded by Director Adcock, 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. At the request of Mayor Dailey, City Attorney Tom Carpenter explained that the entity was going to sell alcoholic beverages, but the zoning in place would not allow it to operate as a private club. This request bypassed the Planning Commission because the owners are ready to open. Every other action of the board indicated a willingness to permit this and this is the quickest way to get it approved and the Spaghetti Warehouse building back in use as a part of the overall River Market development. The Ordinance was then read the second time. There was a subsequent motion and second by Directors Adcock and Wyrick, 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, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Minutes - Reconvened Meeting July 9, 1996 483 The next presentation was Ordinance No. 17,239, described as: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO AWARD A BID AND EXECUTE A CONTRACT FOR CONSTRUCTION OF THE EAST MARKHAM STREETSCAPE; APPROPRIATING FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Director Kumpuris gave a lengthy explanation of the River Market Project funding - both public and private, the $1.5 million bond issue, infrastructure funds, economic development funds, the streetscape sidewalks and lighting, etc. Director Adcock was opposed to taking money from the infrastructure or economic development and asked that this Ordinance be postponed until other sources were found. Director Wilson wanted more public input and also asked that the Ordinance be postponed until the next week. Mr. Frank Porbeck, 509 E. Markham Street, speaking on behalf of 12 property owners in the River Market District, read a letter to the Mayor and Board of Directors stating that by unanimous agreement the private property owners within the River Market District offer to the City of Little Rock a contribution amounting to a total of $60.00 per linear foot of street frontage abutting their property to be used for the River Market streetscape improvements. This offer is contingent upon the City appropriating adequate funds for completion of the project as currently defined in the bid documents dated May 19, 1996. This definition includes 12' wide sidewalks with 4' wide planting strips, tree grates, trees, irrigation, ornamental lighting, decorative benches, trash receptacles, street curb and gutter. The donations amount to approximately $200,000. Mr. Presley Melton, 3001 -307 East Markham, spoke in support of the project, stating Arkansas Power & Light Company has committed to bury all of the power to the area at its expense, which will cause each property owner to have to spend from $5,000 to $15,000 to connect to the underground electrical. Mr. Melton encouraged the Board to pass the Ordinance. The property owners are ready to do their part. The next speaker in support of the Ordinance was Mr. Jimmy Moses, who spoke on behalf of the Downtown Partnership, stating the Downtown Partnership is pleased to give a gift of $200,000 and presented Mayor Dailey with a letter guaranteeing the payment of the $200,000 needed to complete the project. Speaking in opposition to the Ordinance was Mrs. Barbara Douglas, president of the Coalition of Little Rock Neighborhoods, who said the Coalition's Five Point Plan included sidewalks, and they have been begging for them since 1990. She said they are still asking for street repairs, street lights and sidewalks in their neighborhoods. She concluded by asking if the neighborhoods would be able to use economic development funds. The Ordinance was then read the first time. There was a motion by Director Keck, seconded by Director Joyce, 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Keck and Joyce, 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, and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - Director Wilson - total 1; 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 Sharp, Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - Director Wilson - total 1; Absent - None. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. (Director Keck was excused at 6:10 o'clock P.M.) CK Minutes - Reconvened Meeting July 9, 1996 Introduced next was Ordinance No. 17,240, with the title being: AN ORDINANCE AMENDING LITTLE ROCK ORDINANCE NO. 17,136 TO ADD DESIGN GUIDELINES TO THE RIVER MARKET DESIGN OVERLAY DISTRICT, TO CODIFY IN CHAPTER 36 OF THE LITTLE ROCK CODE OF ORDINANCES, TO ADD LANGUAGE CONCERNING PURPOSES AND INTENT AND APPLICATION OF DISTRICT REGULATIONS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the third and last time, having been read the first time on June 18, 1996, and the second time on July 2, 1996. (Note: This item was deferred from May 7, 1996, May 14, 1996, May 28, 1996, and June 4, 1996.) Mr. Jim Lawson, Director of Neighborhoods and Planning, responded to questions by Director Sharp, stating that if someone does a total redesign of a building, then the Code would come into effect; but just painting and connecting to electricity would not require complete Code compliance. A roll call vote was then taken on passage of the Ordinance which is recorded as follows: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Mayor Dailey asked Assistant City Manager Cy Carney for an update on the downtown trolleys for the River Market District. Mr. Carney reported that due to Central Arkansas Transit Authority's (CATA) ability to secure federal dollars and its ability to identify two new trolleys for sale, with 80% federal funds and 20% state funds, they are ready to buy two trolleys to put into service in the downtown area. CATA would operate and maintain the trolleys. CATA is asking the Board for a signal that you are willing for CATA to make the purchase with its funds and no City dollars and are willing to cooperate in the joint venture. Mayor Dailey noted the difficulty with the other two trolleys that are being renovated through a joint partnership (with ArkLa) and the problem meeting ADA requirements. The Board generally agreed for CATA to proceed. At 6:20 o'clock P.M., the Board of Directors recessed to Executive Session to consider appointments to various Boards and Commissions. When the Board reconvened at 6:50 o'clock P.M. Mayor Dailey presided with nine Directors present and Director Keck absent. Consideration was then given to Resolution No. 9,744, entitled: A RESOLUTION CONFIRMING THE REAPPOINTMENT OF DELOIS COLE AS A COMMISSIONER ON THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS; and the Resolution was read in full. There was a motion by Director Adcock to adopt the Resolution. The motion was seconded by Director Wyrick and the Resolution was unanimously adopted by the Board Members present. Resolution No. 9,745 was the next presentation, with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE CENTRAL ARKANSAS LIBRARY SYSTEM BOARD OF TRUSTEES AND THE RACIAL AND CULTURAL DIVERSITY COMMISSION. (Library - appoint Judith Faust; Racial & Cultural - appoint Dr. Andrew Kumpuris and reappoint Barbara Douglas, Daniel Coker, Rhonda Sharp, Patricia McGraw, Johnny Mitchum.) 4 Minutes - Reconvened Meeting July 9, 1996 485 Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Wyrick and the Resolution was unanimously adopted by the Board Members present. (Mayor Dailey noted that Director Kumpuris stepped out of the room during the discussion of the appointment of Dr. Andrew Kumpuris.) There being no further business to be considered, the Board of Directors adjourned at 6:51 o'clock P.M. to meet again in regular session on Tuesday, July 16, 1996, at 6:00 o'clock P.M. ATTEST: APPROVEQ: aQjL&;, 9&W-4 at, City Clerk Robbie Hancock Mayor Jim Dailey W