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HomeMy WebLinkAbout07-07-98214 Note: Little Rock Municipal Traffic Judge Victor Fleming made a presentation on DWI issues from 5:35 to 6:00 P.M. prior to the start of the Board of Directors Meeting. Following the presentation, Director Kumpuris requested a discussion at the next Agenda meeting regarding the starting time for the Board Meetings. City Manager Cy Carney stated his understanding was that presentations are to start at 5:30 P.M. so that the regular meeting could start at 6:00 P.M. Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas July 7, 1998 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Vice Mayor Michael Keck presiding in the absence of Mayor Jim Dailey. City Clerk Robbie Hancock called the roll with the following Directors in attendance: Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly and Adcock - total 8; Absent - Director Wilson and Mayor Dailey- total 2. With a quorum present, Vice Mayor Keck declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Cazort followed by the Pledge of Allegiance. At the request of Director Adcock, Item 13 was removed from the Consent Agenda to be considered immediately after Citizen Communications. (See Resolution No. 10,312 below.) Vice Mayor Keck presented three Blue Ribbon Awards from the U.S. Department of Housing & Urban Development (HUD) to Tim Polk, Director of Housing and Neighborhood Programs, and Sara Moore, Manager of CDBG & Housing Programs. Vice Mayor Keck also presented a plaque to Mr. Tim Polk, Director of Housing and Neighborhood Programs, for his service to the City of Little Rock from December 3, 1990 to July 10, 1998, and to Mr. Bill Bunten, Director of Parks and Recreation, for his service to the City of Little Rock from January 1, 1973 to July 10, 1998. Mr. Polk is moving to Atlanta, Georgia, and Mr. Bunten is moving to Birmingham, England. Consideration was then given to the Consent Agenda which consisted of the following: (1) Approval of the Minutes of the Board of Directors regular meeting held January 6, 1998, the special meeting held January 13, 1998, and the regular meeting held January 20, 1998. (2) Oakland Fraternal Cemetery Audit Report ending December 31, 1997. (To be received and filed.) (3) Resolution No. 10,302, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF WINDSOR DOOR TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 5800 Scott Hamilton Drive) 1 Minutes July 7, 1998 215 (4) Resolution No. 10,303, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO DIAMOND INTERNATIONAL FOR THE PURCHASE OF TWO TWELVE (12) CUBIC YARD DUMP TRUCKS FOR PUBLIC WORKS OPERATIONS. (Not to exceed $118,990.) (5) Resolution No. 10,304, with the title being: A RESOLUTION AUTHORIZING THE EXTENSION OF THE THIRD PARTY WORKERS' COMPENSATION PROGRAM WITH THE ARKANSAS MUNICIPAL LEAGUE FOR A ONE YEAR PERIOD EFFECTIVE JULY 1, 1998. (6) Resolution No. 10,305, entitled: A RESOLUTION TO APPROVE THE EXTENSION OF SEWER SERVICE TO THE LITTLE ROCK POLICE ACADEMY LOCATED AT 9213 ARCH STREET PIKE. (7) Resolution No. 10,306, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AN D AWARD A CONTRACT TO KUSTOM SIGNAL, INC., FOR THE PURCHASE OF ONE HUNDRED TWENTY -FIVE (125) AUDIO/VIDEO UNITS FOR THE POLICE DEPARTMENT'S MARKED VEHICLES. (Not to exceed $649,178.) (8) Resolution No. 10,307, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO INTERFACE COMPUTER COMPANY FOR THE PURCHASE OF SEVENTY -FIVE (75) LAPTOP COMPUTERS, FIVE (5) CD -ROM DRIVERS, AND EIGHT (8) LASERJET PRINTERS FOR THE POLICE DEPARTMENT. (Not to exceed $162,592.) (9) Resolution No. 10,308, with the title being: A RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE DEEDS TRANSFERRING OWNERSHIP OF LOTS 1 AND 2, BLOCK 8, TOWN OF WRIGHTSVILLE, TO THE CITY OF WRIGHTSVILLE IN FEE SIMPLE OWNERSHIP. (10) Resolution No. 10,309, entitled: A RESOLUTION AUTHORIZING THE PURCHASE OF TWO ACRES OF LAND ON THE ARKANSAS RIVER AT 2ND AND BOND STREETS FOR PARK LAND. (11) Resolution No. 10,310, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT WITH FAMILY SERVICE AGENCY FOR DOMESTIC VIOLENCE OUTREACH AND CRISIS INTERVENTION SERVICES FOR A PERIOD OF ONE YEAR EFFECTIVE JULY 1, 1998. 2 216 Minutes July 7, 1998 (12) Resolution No. 10,311, with the title being: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF LEISURE ARTS, INCORPORATED TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at $5701 Ranch Drive.) Upon a motion and second by Directors Adcock and Hinton, respectively, the Consent Agenda was adopted by unanimous voice vote. At the time allotted for Citizen Communications, the only speaker was Mr. Troy Laha, 7 Althea Circle, who addressed the Board of Directors regarding City wide zoning problems: (1) 18- wheeler tractor trailer rigs parking on parking lots of vacant buildings and some on the side of the streets; (2) garage sales that are conducted on parking lots of closed buildings and the unsold merchandise being left behind; (3) vehicles parked in yards of residential single family homes. He concluded by asking that code officers work on weekends to do something about these issues. Consideration was then given to Item 13 which had been removed from the Consent Agenda, being Resolution No. 10,312, entitled: A RESOLUTION OF SUPPORT FOR THE CITY OF LITTLE ROCK DEPARTMENT OF PARKS AND RECREATION'S "CHAIN OF PARKS" PLAN. Director Adcock stated that a plan usually has a dollar amount and asked what the cost is. City Manager Cy Carney stated there is no dollar amount at this time. She asked if the City Police respond to calls at Pinnacle Park, Maumelle Park, or Two Rivers Park. Mr. Carney said the City does not. Director Adcock referred to a letter from Mr. Joe Selz regarding Two Rivers Park, saying that people are congregating there and drinking, and there is a lot of loud noise. The sign at the entrance says this is a Little Rock Park and people think they should register complaints with the City of Little Rock. Therefore, she would like to have the sign changed. Mr. Carney said he would check into the situation because these are City and County owned parcels. She also requested that the neighborhood groups that were involved in plans for Two Rivers Park be involved in any dialogue between the City and the County in development of the Chain of Parks. Mr. Bill Bunten, Director of Parks and Recreation, also spoke briefly about those involved in the conceptual Plan and agreed they should be involved in the final Plan. The Resolution was then read. Director Cazort moved for adoption of the Resolution. The motion was seconded by Director Hinton, and the Resolution was unanimously adopted. City Manager Cy Carney asked that Items 17 and 18 be deferred because staff and One Source have almost reached an agreement. Therefore, Items 17 and 18 were deferred until July 21, 1998, and no action was taken on the following: (17) AN ORDINANCE AMENDING ORDINANCE NO. 17,008 ESTABLISHING ONE SOURCE HOME CENTER AMENDED LONG -FORM PCD (Z- 4933 -D) AND AMENDING ORDINANCE NO. 15,990 MECHANICS LUMBER COMPANY LONG -FORM PCD, AND PROVIDING FOR THE RECLASSIFICATION OF PROPERTY LOCATED AT 15701 CHENAL PARKWAY IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (18) AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF BOUNDARY STREET IMPROVEMENTS FOR KANIS ROAD FOR ONE SOURCE COMMERCIAL SUBDIVISION LOCATED AT 15701 CHENAL PARKWAY. 3 ti 217 Minutes i July 7, 1998 A public hearing had been scheduled for this time and place by a motion adopted June 16, 1998, on the appeal of the Planning Commission's approval of a Conditional Use Permit for a manufactured home at 3521 Longcoy Street. The Zoning Appeal (Z- 6474 -A) was filed by May Harden. Vice Mayor Keck declared the public hearing open at 6:40 o'clock P.M. Mr. Tony Bozynski, Assistant Director of Planning and Development, made the staff presentation, stating that the property owner directly to the north of the property objected to the manufactured home and filed the appeal. Mr. Bozynski stated that 114 Neighborhood Associations were notified of this meeting as requested by the Board of Directors. At the request of Director Cazort, Mr. Bozynski explained the definition of mobile home and manufactured home. Responding to a question by Director Wyrick, Mr. Bozynski stated the John Barrow Neighborhood Action Plan did show Residential for this location. Mr. Chuck Givens, Building Codes Manager, responded to questions by the Board, stating that HUD has an inspector at the manufacturing plant to inspect the manufactured homes. Mrs. May Harden expressed concerns that manufactured homes will bring down the value of homes already there. Three or four trees will have to be cut down in order to place the manufactured home on the property. Mrs. Beverly Nelson and Mrs. Joa Stafford Humphrey, 5022 W. 56th Street, and president of the Geyer Springs Neighborhood Association, also spoke in opposition to the manufactured home. City Attorney Tom Carpenter issued a caution to the Board, stating we know there are some problems under the Fair Housing Act about discrimination against manufactured housing. There is nothing wrong if a neighborhood has gone together and put together a comprehensive plan for the neighborhood, and the Board approved that plan and concluded that a rezoning inconsistent with that plan is not appropriate, but it is not appropriate to be worried about the plumbing or the wiring which are federally approved regulations and guidelines, nor the overall concern about manufactured housing. Mr. Oley Rooker, president of the Crystal Valley Property Owners Association, said stick built houses evaluate, but manufactured houses deteriorate. Ms. Deborah Wilson, owner of 3521 Longcoy, said if she wanted to live in a manufactured home, she should be able to do so. Mr. Sandy Becker, President of Westbrook Neighborhood Association, which is 13 blocks from this location, said the Association is opposed to manufactured homes in this residential area. Mr. Jim Kester, President of the West Baseline Neighborhood Association, said his association was also opposed to manufactured homes. Mrs. Betty Snyder, President of the John Barrow Neighborhood Association, asked the Board to be consistent in all neighborhoods of Little Rock. She asked the Board to look at the issues and weight the results. In response to a question by Director Kumpuris, Mrs. Snyder said the John Barrow Neighborhood Plan wants this property zoned as residential, but the Association has overwhelmingly said no manufactured housing in the area. Mr. Troy Laha, Chairperson of the Southwest Little Rock United for Progress and Vice President of Cloverdale Neighborhood Association, said he would like to see an in -depth study on how our ordinances could be worked out on these manufactured homes and maybe increase the regulations. Ms. Kathryn Veasley, 3505 Longcoy, also spoke in opposition to the manufactured home. Vice Mayor Keck closed the public hearing at 7:30 o'clock P.M., and Resolution No. 10,313 was presented, 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 3521 LONGCOY STREET (Z- 6474 -A). Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Cazort and the Resolution was adopted by a voice vote of 8 ayes and 1 no (Director Kelly) with two absent (Director Wilson and Mayor Dailey). (Director Kumpuris again noted that the Board had overturned the Planning Commission's unanimous approval, without having a member of the Planning Commission present to explain the thinking of the Mnni g Commission. City Manager Cy Carney stated that the concerns of the Board of Directors had been relayed to the Planning Commission, and a video of the Planning Commission action was available for Board viewing. Also, the Minutes of the Planning Commission meeting are in the Agenda 4 218 Minutes July 7, 1998 Notebooks. However, the Planning Commission members do not wish to attend the Board of Directors meetings.) Item 15 on the Agenda was a proposed Ordinance "To rezone 3521 Longcoy from "C -3" General Commercial District to "11-3" Single Family District." The applicant Deborah Wilson stated she did not wish to proceed with the rezoning request, due to the action taken on Item 14 above. Therefore, Director Adcock moved to withdraw the proposed Ordinance at the request of the applicant. The motion was seconded by Director Cazort, and unanimously adopted. Therefore, the proposed Ordinance was withdrawn. Consideration was then given to Ordinance No. 17,758, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE BOYLE PARK DISTRICT FROM SINGLE FAMILY TO MIXED OFFICE COMMERCIAL, AND FOR OTHER MATTERS; and the Ordinance was read the second time, having been read the first time on June 16, 1998. The rules were suspended to provide for the third and last reading of the Ordinance upon unanimous vote of the Board Members present, being nine in number and two thirds or more of the members of the Board of Directors. Mrs. Betty Snyder spoke in support of the Ordinance and asked the Board to approve it. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,759, described as: AN ORDINANCE REPEALING ORDINANCE NO. 15,004 AND REVOKING A PLANNED ZONING DISTRICT TITLED HUNTERS RIDGE LONG -FORM PRD (Z -4523) ABOUT 11700 CANTRELL ROAD, 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,760, with the title being: AN ORDINANCE REPEALING ORDINANCE NO. 16,491 AND REVOKING A PLANNED ZONING DISTRICT TITLED BUIE SHORT -FORM PCD (Z -5703) AT 4801 SHACKLEFORD ROAD, 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,761, entitled: AN ORDINANCE REPEALING ORDINANCE NO. 16,782 AND REVOKING A PLANNED ZONING DISTRICT TITLED KREMER SHORT - FORM PD -R (Z -5873) SOUTHEAST CORNER OF MARKHAM AT PARK STREET, AND FOR OTHER PURPOSES; 6 � Minutes July 7, 1998 219 and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,762, described as: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED INDUSTRIAL DISTRICT TITLED REYNA/GLADDEN LONG -FORM PID (Z- 4874 -A) LOCATED ON THE WEST SIDE OF SHACKLEFORD ROAD, APPROXIMATELY 1/2 MILE NORTH OF STAGECOACH 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,763, 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 INDUSTRIAL STREET IMPROVEMENTS FOR THE REYNA/GLADDEN SUBDIVISION; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,764, entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A REVISED PLANNED OFFICE DISTRICT FOR LOTS 1 AND 2 OF THE SEVEN ACRES BUSINESS PARK LONG -FORM POD (Z- 5038 -C) LOCATED ON THE SOUTH SIDE OF CANTRELL ROAD, 200 FEET EAST OF BELLA ROSA 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 nine in number and two - thirds or more of the members of the Board of Directors. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. 6 220 Minutes July 7, 1998 Introduced next was Ordinance No. 17,765, described as: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED GREY ROCK SHORT -FORM PCD (Z- 6199 -A) LOCATED AT THE NORTHEAST CORNER OF CHENAL PARKWAY AND GAMBLE 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,766, 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 BOUNDARY STREET IMPROVEMENTS FOR GRAYROCK SUBDIVISION LOCATED AT THE NORTHEAST CORNER OF CHENAL PARKWAY AND GAMBLE ROAD; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. In response to Director Adcock's question, Public Works Director Chandra Wallar stated the reason for the waiver instead of a deferral is because of the future abandonment of Gamble Road which will be utilized as a part of the park at that location. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,767, entitled: AN ORDINANCE TO AMEND THE PARK SYSTEM MASTER PLAN (ORDINANCE 14,517)9 MODIFYING A PROPOSED PARK AT THE NORTHEAST CORNER OF CHENAL PARKWAY AND GAMBLE ROAD, AND FOR OTHER MATTERS; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,768, described as: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED EGBOSIMBA SHORT -FORM PCD (Z- 6239 -A) LOCATED IN THE 3700 BLOCK OF ASHER 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; 7 Minutes July 7, 1998 221 and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,769, 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 RIGHT -OF -WAY DEDICATION REQUIREMENTS FOR EGBOSIMBA GROCERY LOCATED AT 3700 ASHER AVENUE; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. Responding to a question by Vice Mayor Keck, Public Works Director Chandra Wallar responded that on Oak Street, commercial standards would require 30 feet of right -of -way, but the applicant has a relatively small lot and the additional right - of -way would create problems for him having parking and landscaping within the setback, so staff agreed to get a 25 foot right -of -way from him and a five foot utility easement. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. Item 30 on the Agenda was a related proposed Ordinance, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF STREET IMPROVEMENT REQUIREMENTS FOR EGBOSIMBA GROCERY LOCATED AT 3700 ASHER AVENUE. Public Works Director Chandra Wallar said staff recommends denial of the deferral because there is currently a CDBG project underway on Oak Street which would be immediately adjacent to these improvements and staff feels the improvements can be done less expensively now. In addition it will help the continuity of the pavement system there, so staff would like to see the improvements done at this time concurrent with the Oak Street Project or an in lieu contribution, so the City can add that to the contract that is currently underway. Mr. Troy Laha, engineer for the project, said the Planning Commission gave the applicant a two year deferral, even though the applicant wanted a 100% waiver. There was a lengthy discussion regarding the improvements and the in lieu contribution. 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 nine in number and two- thirds or more of the members of the Board of Directors. Director Hodges said it doesn't make sense to approve this when it will later have to be redone. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - None; Noes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Absent - Director Wilson and Mayor Dailey - total 2. Whereupon, Vice Mayor Keck announced that the Ordinance had FAILED. At 8:05 o'clock P.M. Vice Mayor Keck declared a ten minute recess. The Board of Directors reconvened at 8:25 with Vice Mayor Keck presiding and 8 Directors present. (Director Wilson and Mayor Dailey were absent.) 8 222 Minutes July 7, 1998 Item 31 on the Agenda was a proposed Ordinance described as: "AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED BOWMAN OFFICE PARK SHORT FORM POD (Z- 6480), LOCATED ON THE WEST SIDE OF BOWMAN ROAD APPROXIMATELY 600 FEET SOUTH OF KANIS ROAD." Director Adcock had requested that the Ordinance be deferred until July 21, 1998, as noted on the Agenda Modifications; therefore, no action was taken. Consideration was then given to Ordinance No. 17,770, entitled: AN ORDINANCE PROVIDING FOR A CONDITIONAL WAIVER OF BOUNDARY STREET IMPROVEMENTS IN ACCORDANCE WITH PROVISIONS OF CHAPTER 31 OF THE CODE OF ORDINANCES FOR BERG SUBDIVISION LOCATED AT 5524 PINNACLE VALLEY ROAD; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,771, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR DEFERRAL OF SIDEWALK REQUIREMENTS FOR THE CITY OF LITTLE ROCK GARAGE LOCATED AT 201 S. McKINLEY STREET; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,772, 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 DRIVEWAY SPACING PROVISIONS FOR COULSON OIL LOCATED AT 10,101 INTERSTATE 30; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,773, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF PAVEMENT WIDTH STANDARDS FOR VEHICULAR ACCESS EASEMENTS FOR VILLAGE OF WELLINGTON, PHASE VII (S-1042- J); 9 Minutes July 7, 1998 223 and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,774, described as: AN ORDINANCE TO AMEND CHAPTER 36 OF THE LITTLE ROCK, ARKANSAS REVISED CODE TO MODIFY LANGUAGE WITHIN SECTION 36 -201 FOR PURPOSES OF DELETING WIRELESS COMMUNICATION FACILITIES FROM REGULATION UNDER THAT SECTION, 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 nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,775, with the title being: AN ORDINANCE APPROPRIATING $198,494 FROM THE 1997 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS TO BE PAID TO PULASKI COUNTY PURSUANT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND PULASKI COUNTY; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,776, entitled: AN ORDINANCE APPROPRIATING FUNDS TO COVER EXPENSES FOR THE CITY IMPOUND FACILITY IMPROVEMENTS; ($305,881 - To be located in the Old Sanitation Building at the City Material Yard at 3313 J. E. Davis Drive.) and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,777, described as: AN ORDINANCE AMENDING CHAPTER 8 OF THE LITTLE ROCK CODE OF ORDINANCES, PROVIDING FOR THE ADOPTION BY REFERENCE OF THE 1997 ARKANSAS MECHANICAL CODE WITH ARKANSAS AMENDMENTS AND 1997 REVISIONS, AND FOR OTHER PURPOSES; 10 224 Minutes July 7, 1998 and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was then taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 9; Noes - None; Absent - Director Wilson and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. Item 38 on the Agenda was a proposed Resolution described as: A RESOLUTION TO AMEND RESOLUTION NO. 9,413 (JUNE 6, 1995) TO AUTHORIZE THE MAYOR, CITY MANAGER, AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE RESIDENTIAL RECYCLABLE MATERIALS COLLECTION AND PROCESSING AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC; AND FOR OTHER PURPOSES. (To revise the list of recyclable materials to include all plastic jugs, jars, and bottles.) Following the reading of the Resolution, City Manager Cy Carney stated that Staff has not reached an agreement with Waste Management regarding a change in contract terms for the company to discontinue the wastepaper program (junk mail and magazines) and to add the additional item of plastic in its expanded definition (all plastic jugs, jars, and bottles) or actually to do both. There would be an additional fee if the company adds plastic and continues the wastepaper program. The Company is agreeable to add the plastic without a fee if the wastepaper is discontinued. But without that trade they have not given the City a satisfactory response related to additional cost to simply do the one item only. Public Works Director Chandra Wallar said Waste Management has concerns about the problems that would be created in the existing MRF (Materials Recovery Facility). Both sides did try to discuss that, but were not able to come to an exact dollar amount. Responding to a question by Director Cazort, Mrs. Wallar said the City does not plan to include textiles, because there are a number of charitable organizations who utilize those materials for their own funding mechanisms. Staff would release Waste Management from the requirement for junk mail for two reasons: (1) the amount of junk mail and the fact that it is very difficult or almost impossible to market at this time; and (2) the fact that so many of our customers have requested the ability to recycle Downey bottles and shampoo bottles, etc. Director Kumpuris was concerned about educating the public if we change the rules on junk mail. Changing the rules just confuses the people. Mr. George Wheatley, Community Relations Director, Waste Management, Inc. (also father of Aaron Wheatly, the new Miss Arkansas) said Waste Management wants to work with the City of Little Rock. The City wants to add something and Waste Management wants to remove something that is not recyclable. He then responded to questions by the Board. He said Waste Management took advantage of a one time opportunity to get rid of the 26 truck loads of junk mail that had accumulated for six months by transferring it to Atlanta to a company that agreed to pay the freight to receive the material. Another three or four truck loads have accumulated since then. During the lengthy discussion, he said glass really has no value, but Waste Management can get rid of it. Waste Management is committed to educating the citizens. Director Kumpuris felt like this is a good deal for Waste Management but a bad deal for the City. If the junk mail goes into the Landfill, then it will fill up sooner and the City will soon have to build another landfill. Following the lengthy discussion, Director Cazort moved to defer the Resolution for two weeks. The motion was seconded by Director Kumpuris. Mr. Fred Penning, Division Manager of Waste Management in Little Rock, spoke briefly about the costs associated with handling junk mail. A voice vote was taken on the motion to defer and the motion was unanimously adopted. Therefore, the proposed Resolution was deferred until July 21, 1998. 11 Minutes 225 July 7, 1998 Item 45 on the Agenda was a proposed Ordinance described as: AN ORDINANCE TO PLACE AN ISSUE BEFORE THE VOTERS IN THE 1998 GENERAL ELECTION IN THE CITY OF LITTLE ROCK, ARKANSAS, ON THE QUESTION OF WHETHER TO DECLARE ALL BILLBOARDS IN THE CITY TO BE ILLEGAL; TO CAUSE THE REMOVAL OF ALL BILLBOARDS IN THE CITY NOT SUBJECT TO THE PROVISIONS OF THE ARKANSAS HIGHWAY BEAUTIFICATION ACT WITHIN THREE (3) YEARS OF THE EFFECTIVE DATE OF THE ORDINANCE; TO CAUSE ALL BILLBOARDS LOCATED ON STREETS AND HIGHWAYS IN THE CITY SUBJECT TO THE PROVISIONS OF THE ARKANSAS HIGHWAY BEAUTIFICATION ACT TO BE REDUCED IN SIGN AREA TO A MAXIMUM SEVENTY -TWO (72) SQUARE FEET WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THE ORDINANCE; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY. City Attorney Tom Carpenter gave a lengthy response to the list of questions that were asked at the Agenda meeting, and also gave a brief overview of the billboard litigation, stating that billboard litigation cases are lengthy and time consuming. Director Kelly spoke in support of his Ordinance, speaking about why the removal of billboards is good for the City of Little Rock. He outlined his major points and went over the history of billboards. He concluded by stating this Ordinance is straightforward and to the point; it is legally defensible; it doesn't cost the taxpayers any more money; and it is the right thing to do. The first speaker in support of the Ordinance was Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, stating this is a part of making the City of Little Rock more beautiful and more livable. Mr. Barry Haas spoke in support of the Ordinance and thanked Director Kelly for trying to move the billboard issue from the table of the Board of Directors to the voters. Ms. Dottie Funk, representing the City Beautiful Commission, spoke in support of the Ordinance and urged the Board to let the people decide. Ms. Charlotte Wallace said we've had a billboard empire in Little Rock for the past thirty years and it has done serious harm to the City. Reducing the size of billboards is a stroke of genius, yet keeping them in place is a workable program. She urged the Board to let the public decide. Mr. Jim Lynch, representing the Coalition of Little Rock Neighborhoods, said the Coalition strongly endorses the Ordinance to let the voters decide. State Senator Bill Walker also urged the Board to let the people decide. Mr. Ron Lamar, Vice President of Donrey Outdoor Advertising, said his company has taken down thirty-one (3 1) billboards with an overall net loss of 15.7% of inventory. Donrey also removed over 15% of the billboards on scenic corridors by taking down nine of them without any compensation. No one has ever offered Donrey any compensation for removing billboards. Mr. John Schlereth, President of Baird, Inc., said his company currently leases Donrey 60 outdoor advertising locations in central Arkansas and 48 of those locations are within the city limits of Little Rock. He said there are three recognized methods to determine value. One is the income approach, one is comparable sales approach, and one is the cost of reproduction new less depreciation approach. Since Director Kelly's ordinance denies the opportunity to relocate in the same market, that leaves only two methods. The fact is these signs are bought and sold by using formulas based on revenue streams. Let's have these structures valued based on fair market value and then the Board or the voters can make a prudent decision to both buy them and compensate the landowners, or get on with other issues facing the city. Director Kelly responded by saying this is not going to put the billboard industry out of business, it is going to make Little Rock a billboard free community. It provides a fair and reasonable time for them to recoup their money. Vice Mayor Keck said if we put this before the voters, we need to close the loopholes. There is too much vagueness. There is not enough information as to the cost and where the money is going to come from. Director Cazort said he could not vote to refer the ordinance in its present form to the voters, because it does not tell the voters that passage of this ordinance creates a priority that will entail an expenditure of potentially vast sums of money and, equally important, it does not tell voters that that vast sum of money is going to have to be acquired either through a tax increase or cutting back city services. The Ordinance was then read the first time. There was a motion by Director Cazort, 12 226 Minutes July 7, 1998 seconded by Director Hodges, to suspend the rules and place the Ordinance on second reading. The motion failed to receive the required eight votes (Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Hodges, and Vice Mayor Keck - total 6; Noes - Directors Kelly, Adcock, and Hinton - total 3; Absent - Director Wilson and Mayor Dailey - total 2). Whereupon, the Ordinance was left on the calendar for second reading on July 21, 1998. The next presentation was Resolution No. 10,314, with the title being: A RESOLUTION TO PERMIT THE CITY TO DEED THE NATHANIEL W. HILL COMMUNITY COMPLEX TO THE US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT TO BE USED AS ADDITIONAL SECURITY FOR A CDBG SECTION 108 LOAN IN THE AMOUNT OF $1,800,000 TO RENOVATE LEE SCHOOL AT 12TH AND PINE STREETS AS THE NEIGHBORHOOD RESOURCE CENTER; AND FOR OTHER PURPOSES. Following the reading of the Resolution, Director Adcock expressed concerns about handing over the title to City owned property. Responding to her question about using Lee School as collateral, City Attorney Tom Carpenter stated that Lee School had no value in its present situation. Director Hinton said the City had worked hard a long time to get this resource center and he felt the project outweighs what the City would be going through with the Nathaniel Hill Complex. This is an outstanding project and it merits the City doing the loan or using the Nathaniel Hill Complex as collateral. In response to Director Joyce's question, City Attorney Tom Carpenter said if the CDBG money is cut off and the City defaults, HUD will give the City opportunity to make arrangements. What the City is actually doing by this Resolution is approving a custodial agreement and deed to the federal government to be held in escrow. Under HUD guidelines, before they can sell it on public market, they will have to offer the City of Little Rock the chance to buy it back. Director Cazort moved for adoption of the Resolution. The motion was seconded by Director Hodges, and the Resolution was unanimously adopted. Item 39 on the Agenda was a proposed Ordinance described as: AN ORDINANCE AUTHORIZING THE CITY ATTORNEY AND DIRECTOR OF FINANCE TO PROCESS CHECKS, ORDERS, OR DRAFTS PURSUANT TO THE ARKANSAS HOT CHECK LAW, PROVIDING FOR AN EMERGENCY CLAUSE; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on June 16, 1998. The Ordinance was left on the calendar for third and final reading on July 21, 1998. (Director Kumpuris recused on the following Comcast issue because a member of his family has an interest in the building that houses Comcast; therefore he was excused at 10:40 o'clock P.M.) Item 42 on the Agenda was Ordinance No. 17,778, entitled: AN ORDINANCE TO SET THE TERMS AND CONDITIONS FOR COMCAST CABLEVISION OF LITTLE ROCK, INC., TO USE AND OCCUPY CITY RIGHTS -OF -WAY FOR A CABLE TELEVISION FRANCHISE; TO APPROVE AN AGREEMENT THAT SETS FORTH THESE TERMS AND CONDITIONS; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on June 16, 1998. The rules were suspended to provide for the third and final reading of the Ordinance by unanimous vote of the Board Members present, being eight in number and tow - thirds or more of the members of the Board of Directors. Director Hinton commented that he was pleased that Comcast was committed to doing everything possible to make sure that every aspect of safety is adhered to for employees and homeowners /residents. (See discussion in Minutes of June 16, 1998.) A roll call vote 13 Minutes 227 July 7, 1998 was then taken on passage of the Ordinance as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kelly, Adcock, Hinton and Hodges - total 7; Noes - Vice Mayor Keck - total 1; Absent - Directors Wilson and Kumpuris and Mayor Dailey - total 3. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,779. entitled: AN ORDINANCE TO AMEND CHAPTER 8 OF THE LITTLE ROCK, ARK., REV. CODE (1988) TO CREATE A CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS; TO ELIMINATE THE BOARD OF BUILDING CODE APPEALS; TO ELIMINATE THE BOARD OF ELECTRICAL CODE APPEALS; TO ESTABLISH AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. and the Ordinance was read the third and final time, with the first and second readings having occurred on June 16, 1998. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kelly, Adcock, Hinton, Hodges, and Vice Mayor Keck - total 8; Noes - None; Absent - Directors Wilson and Kumpuris, and Mayor Dailey - total 3. Whereupon, the Ordinance was declared PASSED. The Board was scheduled to make appointments to various Boards and Commissions; however, at the suggestion of Director Joyce, the Board agreed to reconvene on Tuesday to consider appointments. There being no further business to be presented, the Board of Directors recessed at 10:48 o'clock P.M. to reconvene at 4:00 o'clock P.M. on Tuesday, July 14, 1998, to consider appointments to various Boards and Commissions. ATTEST: APPROVED: ' ItItA City Clerk Robbie Hancock Vice Mayor Michael Keck 14 ter,