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HomeMy WebLinkAbout07-06-99484 Board of Directors Room City Hall - 500 W Markham Little Rock, Arkansas July 6, 1999 — 6:10 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Vice Mayor B. J. (Brenda) Wyrick presiding in the absence of Mayor Jim Dailey. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Pugh, Hinton, Lichty, Cazort, Kumpuris, and Kelly - total 6; Absent Directors Keck, Stewart, Adcock, and Mayor Jim Dailey - total 4. With a quorum present, Vice Mayor Wyrick declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Hinton, followed by the Pledge of Allegiance. Director Cazort read a Proclamation, which proclaimed the month of July, 1999, as Zoo Month in the City of Little Rock. Interim Zoo Director Carroll Hargrove accepted the Proclamation. He introduced one staff person and two docents who were present with some of the animals (an African hedgehog, a ferret, and a barn owl). (Directors Adcock and Keck enrolled at 6:14 o'clock P.M.) Director Lichty moved to add to the Consent Agenda the two Resolutions listed on the Agenda Modifications. The motion was seconded by Director Keck and unanimously adopted. (See Resolutions No. 10,591 and 10,592 below. Item M -2 (10, 592) was then removed from the Consent Agenda because citizens were present to speak regarding Stephens School.) Consideration was then given to the Consent Agenda, which consisted of the following: (1) The Oakland— Fraternal Cemetery Audit Report for the period ending December 31, 1998. (To be received and filed.) (2) The Little Rock Wastewater Utility Financial Statement for the period ending December 31, 1998 and 1997. (To be received and filed.) (3) The Little Rock Advertising and Promotion Commission Financial Statement for the years ended December 31, 1998 and 1997. (To be received and filed.) (4) Resolution No. 10,582, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TOWNSHIP BUILDERS FOR 1999 ACCESS RAMPS. (Not to exceed $210,590.) (5) Resolution No. 10,583, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE MAPLE STREET, BETWEEN 17TH AND 18TH STREETS, AND AN ALLEY BETWEEN OAK AND MAPLE STREETS, WITHIN BLOCK 13, BRADDOCK'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (July 20,1999) (6) Resolution No. 10,584, with the title being: A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON JULY 20, 1999 TO CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE OF SEWER REVENUE BONDS. (7) Resolution No. 10,585, entitled: A RESOLUTION AUTHORIZING THE SALE OF 2.1 ACRES OF CITY OWNED PROPERTY AT TAYLOR LOOP AND OAKS BLUFF DRIVE TO JOYLAN & TIMBER, LLC, AND CHENAL WEST DEVELOPERS, INC. Minutes 485 July 6, 1999 (8) Resolution No. 10,586, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD AN ANNUAL CONTRACT TO XPEDX AS THE PRIMARY PROVIDER AND UNISOURCE AS THE SECONDARY PROVIDER FOR THE PURCHASE OF PAPER FOR PRINTING SERVICES. (9) Resolution No. 10,587, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO DIAMOND INTERNATIONAL IN THE AMOUNT OF $94,150 FOR THE PURCHASE OF ONE (1) 25 CUBIC YARD HIGH COMPACTION REFUSE TRUCK FOR THE SOLID WASTE COLLECTION DIVISION. (10) Resolution No. 10,588, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH JAMES TREE SERVICE INC. AND ROGERS & DILLION EXCAVATION INC. FOR REMOVAL OF TREE TRUCKS AND ROOT MASSES FROM 227 RESIDENTIAL PROPERTIES WITHIN THE TORNADO DISASTER AREA. (11) Approval of the Minutes of the Board of Directors regular meeting held February 2, 1999, and the special meeting held February 9, 1999. (12) Resolution No. 10,589, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ROGERS & DILLION EXCAVATION INC. TO DEMOLISH AND COMPACT THE BUILDING DEBRIS OF THE TORNADO DESTROYED CITY OWNED COMMERCIAL BUILDING LOCATED AT 1301 EAST 2ND STREET. (Not to exceed $14,750) (13) Resolution No. 10,590, with the title being: A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON JULY 20, 1999, ON THREE TARGETED NEIGHBORHOOD ENHANCEMENT PLANS (TNEP). (M -1) Resolution No. 10,591, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND ENTER INTO A CONTRACT WITH SKAGGS TELECOMMUNICATIONS SERVICE IN THE AMOUNT OF $146,900 FOR THE PURCHASE OF ONE (1) MOBILE COMMAND /SWAT VEHICLE FOR THE LITTLE ROCK POLICE DEPARTMENT. Upon a motion and second by Directors Adcock and Keck, respectively, the Consent Agenda was adopted by unanimous voice vote of the Board Members present. At the time allotted for Citizen Communications, the first speaker was Mrs. Kathy Wells (2121 Gaines), President of the Downtown Neighborhood Association. As a follow -up to the tornado recovery, she asked the Board to establish another zone of the Targeted Neighborhood Enhancement Program to fund housing revitalization and that the boundaries be identical with the disaster zone recognized by authorities as damaged in the January 21, 1999 tornado. The next speaker during Citizen Communications was Ms. Dee White (116 S. Brown Street), who expressed her gratitude to City Government for granting the environmental group, Common Ground, a venue and date for Little Rock's first environmental cultural festival, The Concert for Common Ground, on Friday, October 29, 1999, within the River Market Pavilion. They hope to make this an annual event. She said the group has found that the Parks & Recreation Department has begun clearing land in three parks (Boyle Park, Two Rivers Park, and Rock Creek Park and Golf Course) in order to sell the trees to timber companies to generate revenues for the Parks Department. Vice Mayor Wyrick asked City Manager Cy Carney to provide the Board with a report. 486 Minutes July 6, 1999 Rev. Ed Matthews, ( #50 Wingate Drive) a retired United Methodist pastor currently serving as Chairman of the Interfaith Disaster Recovery Team, was the next speaker during Citizen Communications. He reported that 170 people from the Christian Endeavor Group out of Pennsylvania are in Little Rock to assist in the recovery. These youth are trained and experienced. The problem is that they cannot do all of the work expected particularly as it relates to mechanical and plumbing needs. The City requires a master plumber or electrician within the City make the inspections. The group needs master plumbers and master electricians to step forward and volunteer to help make these inspections. Vice Mayor Wyrick announced that the federal assistance for special clean -up will end on July 31, 1999. Public Works Director Chandra Wallar explained that federal assistance for special clean-up in the tornado disaster area will end on Saturday, July 31, 1999. Beginning August 1, 1999, the City will continue picking up materials curb side but will not get federal reimbursement. It will be completely at City cost. Additionally, any materials brought to the Landfill by a private contractor will be charged tipping fees at that time. The City is requesting the assistance of citizens in getting materials to the curb during the month of July so the City will receive federal reimbursement. Director Pugh asked Mr. Carney if the City is trying to get local plumbers and electricians to volunteer to assist in this program. Margi Gant, Director of Housing and Neighborhood Programs, said there have been a number of meetings in the past two weeks regarding this issue. But there has not been the needed response to support the massive volunteer effort that has been planned. The last speaker during Citizen Communications was Ms. Paula Rogers (4804 West 3 Pt Street), President of the Curran- Conway Neighborhood Association in the Oak Forest area. The Association has been working on the Oak Forest Neighborhood Improvement Plan. She said that crime is becoming overwhelming. They don't see as much police support. Good neighbors are leaving because of the crime. The residents would like some support from the City. City Director Michael Keck asked City Manager Cy Carney to provide the Board with a report about what can be done by the Police. Director Hinton said he met with the group about two weeks ago and help is on the way. Consideration was then given to Ordinance No. 18,043, described as: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE 65TH STREET EAST PLANNING DISTRICT FROM SINGLE FAMILY TO PARK/OPEN SPACE AND MIXED COMMERCIAL AND INDUSTRIAL; 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 Director. A roll call vote was taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 18,044, with the title being: AN ORDINANCE APPROVING MODIFICATION TO A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A PLANNED ZONING DEVELOPMENT TITLED SYSCO FOODS REVISED LONG -FORM PD -I (Z- 3792 -B), LOCATED AT 5800 FROZEN ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 17,787 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 nine 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 Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. �1. • Minutes July 6, 1999 Consideration was then given to Ordinance No. 18,045, entitled: AN ORDINANCE REPEALING ORDINANCE NOS. 15,460, 15,801 AND 16,919 AND REVOKING A PLANNED ZONING DISTRICT TITLED MID - AMERICA CENTER SHORT -FORM POD (Z- 4985 -C) LOCATED ON THE NORTH SIDE OF WEST ROOSEVELT ROAD, BETWEEN S. WOLFE AND S. BATTERY STREETS, 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 18,046, described as: AN ORDINANCE REVOKING ORDINANCE NO. 15,820, APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED CARTER SHORT -FORM POD (Z- 5223 -B) LOCATED AT 1400 S. BISHOP STREET 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. Item 18 was the next presentation, being a proposed Ordinance entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT- OFFICE TITLED PINNACLE _ BANK SHORT -FORM PD -O (Z- 5282 -A), LOCATED AT THE NORTHEAST CORNER OF RODNEY PARHAM AND NORTH RODNEY PARHAM ROADS 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 reading 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. Mr. Randy Alexander, 2200 Hidden Valley Drive, who owns the property east of this development, expressed concern about the floodway improvements that will be necessary in order to develop the property. He understood the floodway would have to be moved to the east to make improvements along his property. His concern is that he doesn't know how high the vertical walls of the floodway will be and if there will be some fencing requirements. He wanted to be able to have input as this development evolves. Public Works Director Chandra Wallar noted that the Ordinance has been modified to the reflect that FEMA approval will be required. Therefore, this must be a FEMA approved floodway improvement. Any improvements outside the drainage easement which could be on Mr. Alexander's property would be his decision. There would be nothing that would compel him to donate his land for those improvements. It is very reasonable to expect that he would have opportunity to review the plans and give input and that information will be passed on to the developer and made a condition of the permit. FEMA would not allow the floodplain to be shifted onto Mr. Alexander's land. Mr. Jim Lawson, Director of Planning and Development, said the applicant wanted approval of the concept for the use of this land. They didn't want to go to the expense of hiring an engineer and doing a lot of expensive work only to be turned down by the City after spending thousands of dollars. Section 5 of the proposed Ordinance states "That this Ordinance is conditioned upon obtaining final approval on a letter of Map Revision from the Federal Emergency Management Agency (FEMA). " City Attorney Tom Carpenter suggested amending Section 3 of the proposed Ordinance to read: "That the change in zoning classification contemplated for Pinnacle Bank Short Form PD-0 is conditioned: (a) upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36- 454(d) of the Code of Ordinances; and (b) upon receiving FEMA approval of the technical standards for floodway improvements, " so that you wouldn't 488 Minutes July 6, 1999 have a zoning classification change without FEMA approval. Director Cazort then moved to amend Section 3 of the proposed Ordinance as stated by Mr. Carpenter. The motion was seconded by Director Kumpuris and adopted by a voice vote of 7 ayes, 2 noes (Adcock and Keck), and 2 absent (Stewart and Dailey). Mr. Ross McCain of the Wilcox Group Architects representing Pinnacle Bank, said he had met with Mr. Alexander early on and tried to assure him the Bank is also concerned about the esthetics and the safety of the floodway project. The owner of the Bank is reluctant to spend a lot in fees and time on the design without being assured this will be approved by the City. They do intend to work with the property owners. The Ordinance was then read the second time. At the suggestion of Directors Adcock and Kumpuris, Mr. McCain and Mr. Alexander left the Board Room to discuss the project and report back later in the meeting. About 9:00 P.M. (after Resolution No. 10,596) City Attorney Tom Carpenter reported that some language was suggested that gave both parties some comfort, but there was one other item they wished to discuss between themselves and will try to work out in the next two weeks. Therefore, the proposed Ordinance was left on the calendar for third and final reading on July 20,1999. The next presentation was Ordinance No. 18,047, with the title being: AN ORDINANCE APPROVING MODIFICATION TO A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A PLANNED ZONING DEVELOPMENT TITLED BRYANT REVISED SHORT - FORM PCD (Z- 5505 -H), LOCATED AT THE SOUTHWEST CORNER OF COLONEL GLENN ROAD AND ROCKY LANE, 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 nine 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 Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 18,048, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR DEFERRAL OF MASTER STREET PLAN REQUIREMENTS FOR RIGHT - OF -WAY DEDICATION AND BOUNDARY STREET IMPROVEMENTS, FOR BRYANT REVISED PCD (Z- 5505 -H), LOCATED AT 3606 ROCKY LANE; 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 18,049, described as: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED L. T. CARE MINISTRIES SHORT -FORM POD (Z -6669) LOCATED AT 2615 WEST 15TH STREET 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. 489 Minutes July 6, 1999 The next presentation was Ordinance No. 18,050, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR DEFERRAL OF MASTER STREET PLAN REQUIREMENT FOR RADIAL DEDICATION OF RIGHT -OF -WAY FOR 2615 WEST 15TH 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 18,051, entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT INDUSTRIAL TITLED GRUBBS SHORT -FORM PD -I (Z -6671) LOCATED ON THE SOUTH SIDE OF BASELINE ROAD, APPROXIMATELY 1,000 FEET EAST OF INTERSTATE 430 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 18,052, 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 MASTER STREET PLAN REQUIREMENT FOR CURB RADIUS IMPROVEMENT, FOR GOSPEL TEMPLE BAPTIST CHURCH (Z- 4985 -D), LOCATED ON NORTH SIDE OF ROOSEVELT ROAD, BETWEEN BATTERY AND WOLFE STREETS; 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 18,053, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR WAIVER OF MASTER STREET PLAN REQUIREMENT FOR RIGHT -OF- WAY DEDICATION AND BOUNDARY STREET IMPROVEMENTS, FOR LEWIS STREET CHURCH OF CHRIST (Z- 5931 -A), LOCATED AT 2716 SOUTH LEWIS 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. 490 Minutes July 6, 1999 Consideration was then given to Ordinance No. 18,054, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR MODIFICATION OF VARIOUS PROCEDURES, DEFINITIONS, DESIGN STANDARDS, AND FOR OTHER PURPOSES; (Subdivision Code.) 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 18,055, with the title being: AN ORDINANCE APPROVING AMENDED MASTER STREET PLAN FOR THE CITY OF LITTLE ROCK, ARKANSAS, INCLUDING REVISED DESIGN STANDARDS, RELATED MATTERS, AND REPEALING ORDINANCE 15519; 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 18,056, entitled: AN ORDINANCE DISSOLVING SEWER IMPROVEMENT DISTRICT NO. 143 OF LITTLE ROCK, ARKANSAS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 18,057, described as: AN ORDINANCE TO WAIVE COMPETITIVE BIDS AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A SOLE SOURCE CONTRACT WITH MOTOROLA IN THE AMOUNT OF $22,600 FOR Y2K UPGRADES TO THE CITY'S RADIO SYSTEM; 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. Item 28 on the Agenda was listed as a proposed Ordinance described as: AN ORDINANCE AUTHORIZING THE USE OF EMINENT DOMAIN TO ACQUIRE RIGHT -OF -WAY FOR STREET IMPROVEMENT PROJECT ON FAIR PARK BOULEVARD FROM ASHER AVENUE TO 30TH STREET; and the Ordinance was read the first time. Public Works Director Chandra Wallar stated this is right -of -way for the widening of Fair Park Boulevard from Asher Avenue to 30" Street, a City project that is being handled by the Arkansas Highway and Transportation Department (AHTD). AHTD handled the right -of -way acquisitions, but was unsuccessful in acquiring three parcels and initiated condemnation proceedings in court. AHTD is now requesting the City substitute as council in those proceedings. AHTD 491 Minutes July 6, 1999 cannot acquire land through condemnation in its name that will be used on a City project. If the City does not do this, the project will not go forward. Director Adcock asked if staff had visited with the property owners. Mrs. Wallar said that AHTD preferred that the City and State both not be involved in the acquisition. If this is approved, City staff will then meet with the owners of the three properties. Director Adcock was opposed to taking the property without notifying the property owners. Responding to questions by Director Cazort, Mrs. Wallar said this is a 1997 Transportation Improvement Project, funded with a match of 80% federal dollars and 20% city dollars. Any delay in the project will increase the costs. City Attorney Tom Carpenter said there is a secondary problem in that cities can do through eminent domain and use their properties in ways that the State Highway Department cannot. There are greater restrictions on the State Highway Department. If the State doesn't acquire the property and the City doesn't have the property, that will kill the project because we can't build a street on private property. Responding to Director Adcock's statement that she could not support this without the property owners being present to respond or being notified, Mr. Carpenter said it is not that the property owners have not been notified of a potential taking, they just have not been notified that the taking would occur by the City as opposed to the State. Director Cazort moved to suspend the rules to provide for the second reading of the Ordinance and the motion was seconded by Director Keck. The motion failed to received the required eight votes by a vote of 7 ayes , 2 noes ( Wyrick and Adcock) and 2 absent. Mrs. Wallar then asked the Board to consider this issue at its reconvened meeting on Tuesday, July 13, 1999, since this is such a time sensitive issue. Mr. Carpenter said that since that would be a continuation of this same meeting, it would be necessary for someone that voted against the suspension, to move to reconsider the vote on suspension of the rules. Therefore, Vice Mayor Wyrick moved to reconsider the motion to suspended the rules at the reconvened meeting on July 13, 1999. The motion was seconded by Director Keck and unanimously adopted. Whereupon, the proposed Ordinance was left on the calendar for Tuesday, July 13, 1999, to reconsider the vote to suspend the rules for the second reading of the Ordinance. (Note: Later in the meeting it was discovered this was listed as an Ordinance on the Agenda in error; it should have been listed as a Resolution) Item 29 on the Agenda was a proposed Resolution, entitled: A RESOLUTION AUTHORIZING THE USE OF EMINENT DOMAIN TO ACQUIRE RIGHT -OF -WAY FOR STREET IMPROVEMENT PROJECT AT MARKHAM & MISSISSIPPI INTERSECTION. (Note: The Resolution was deferred on April 20, 1999; it was read on May 4, 1999, followed by a lengthy discussion with the vote being deferred to May 18, 1999, June 1, 1999, June 15, 1999 and July 6, 1999) Following the reading of the Resolution, Public Works Director Chandra Wallar explained that Staff has met several times with the involved property owners. Two property owners have signed documents and three have not. Of those three, one has agreed to sign when the adjacent property owner signs. Financial offers have been made to everyone. One owner has refused to accept the City's offer, and the two appraisals are far apart. Director Keck said there seems to be some confusion about the alignment of the driveway and what property will be taken at one location. A lengthy discussion ensued. Responding to a question by Director Cazort, Mrs. Wallar said if the City decides not to take any of the Oldham's property at the northwest corner, the project would not go forward. Director Kumpuris expressed concern about the City's proposal to move the retaining wall back approximately five feet and its proximity to the house. Mr. Bob Robinson, attorney for the Oldham's, reviewed the traffic flow figures at that location and said he didn't see a public safety issue, but rather a public convenience issue of a few seconds and questioned whether or not this project should be carried out. The City is asking the Oldham's to sacrifice their home. He asked the Board to stop this project. He felt his figures demonstrated there is really not a need for this project. Director Lichty said he was troubled about this project. A memo dated July 1, 1999, identified five of the most hazardous intersections in Little Rock, but this is not one of them. Perhaps this $340,000 could be better spent on another project. A roll call vote was then taken on adoption of the Resolution as follows: Ayes — None; Noes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly Adcock, and Vice Mayor Wyrick — total 9; Absent — Director Stewart and Mayor Dailey — total 2. Therefore, the Resolution FAILED. Item M -2 on the Agenda Modifications was the next presentation, being Resolution No. 10,592, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT CONTRACT WITH BALDWIN SHELL AND THE LITTLE ROCK SCHOOL DISTRICT AS A JOINT VENTURE FOR THE CONSTRUCTION OF THE STEPHENS SCHOOL /COMMUNITY CENTER. 492 Minutes July 6, 1999 Mrs. Mazolla Johnson, 1622 South Martin Street, President of the Stephens Area Faith Neighborhood Association, asked the Board to postpone accepting the newly revised and severely scaled back plan for the Stephens Community Center. We want to explore more reasonable alternatives. The community wants a center that is usable and functional. Director Hinton disagreed with Mrs. Johnson, stating that to have something would be better than nothing. He assured Mrs. Johnson that he would do everything he could to assure this thing was done. Director Adcock referred to the Southwest Community Center which was scaled down but the City has added to it over the last five years. She also reminded Mrs. Johnson of the Lee School Project, which is a real a commitment of the Board of Directors to Mrs. Johnson's community. Director Keck then moved for adoption of the Resolution. The motion was seconded by Director Lichty and the Resolution was unanimously adopted. At 8:25 o'clock P.M. the Board of Directors recessed to executive session to consider appointments to various Boards and Commissions. The Board reconvened at 8:55 o'clock P.M. with Vice Mayor Wyrick presiding and eight Directors present. (Director Stewart and Mayor Dailey were absent) Consideration was then given to Resolution No. 10,593, with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO ARKANSAS ARTS CENTER BOARD OF TRUSTEES, CENTRAL ARKANSAS TRANSIT AUTHORITY, EDUCATION COMMISSION, HISTORIC DISTRICT COMMISSION, HOUSING BOARD OF ADJUSTMENTS AND APPEALS, LITTLE ROCK PORT AUTHORITY, RACIAL AND CULTURAL DIVERSITY COMMISSION, AND LITTLE ROCK SANITARY SEWER COMMITTEE. (Arts Center — reappointed Greg Barnes, Letty McAdams, Alonzo Williams, Monty Scott and appointed Thomas Wright, Charles Cook, Jr., Mark Lee, CATA — Sherry Walker; Education — Mike Pierce, Historic District — John Greer, Jr.; Housing Bd. of Adjustment — Sharlett Craig; Port — Larry Alman; Racial & Cultural — Willa Black Sanders and Lydia Specht; Sewer — Patrick Miller.) Following the reading of the Resolution, Director Cazort moved for its adoption. The motion was seconded by Director Keck, and the Resolution was unanimously adopted. Introduced next was Resolution No. 10,594, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE AMERICANS WITH DISABILITIES ACT CITIZEN'S GRIEVANCE COMMITTEE. (Michael Triplett, Barry Vuletich, Cindy Alberding, Thomas Eans, Ron Woods.) Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Cazort, and the Resolution was unanimously adopted. The next presentation was Resolution No. 10,595, described as: A RESOLUTION REAPPOINTING DR. CHUCK MASON TO THE LITTLE ROCK AMBULANCE AUTHORITY BOARD OF DIRECTORS. Following the reading of the Resolution, Director Kumpuris moved for its adoption. The motion was seconded by Director Cazort, and the Resolution was unanimously adopted. Consideration was then given to Resolution No. 10,596, with the title being: A RESOLUTION TO ALLOW CONTINUED TIME FOR THE CREATION OF THE KANIS ROAD DESIGN OVERLAY DISTRICT STANDARDS; AND FOR OTHER PURPOSES. (Ninety (90) days or no later than September 30, 1999.) Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Cazort, and the Resolution was unanimously adopted. (City Attorney Tom Carpenter cautioned the Board that this is, in effect, a moratorium that has been extended twice now and the freedom to keep extending that diminishes each time.) i4 Minutes 493 July 6, 1999 The next presentation was Ordinance No. 18,058, with the title being: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO. 17,978 (APRIL 13, 1999), TO EXTEND LIMIT ON EXCAVATION PERMITS, THE PRESERVATION OF TREES, AND THE LIMIT ON DEVELOPMENT ON KANIS ROAD UNTIL SEPTEMBER 30,1999; DECLARING AN EMERGENCY; AN 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 taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 10,574, adopted June 15, 1999, on the proposed amendments to the CDBG Consolidated Plan and Section 108 Loan. Vice Mayor Wyrick declared the public hearing open at 9:05 o'clock P.M. Public Works Director Chandra Wallar explained that the Madison Heights Project was completed using 1998 revenue bond funds due to required time frames for construction. Therefore, it is necessary to amend the Section 108 loan to delete the Madison Heights Project and add other eligible infrastructure projects. Those selected by the Consolidated Planning Committee are 11' Street (Park to Jones); West 31" Street (Arch to State); Plateau Ditch — Phase I; South Martin Street (W. 23`d to W. 17) for a total of $700,000. Vice Mayor Wyrick declared the public hearing closed at 9:07 and Resolution No. 10,597 was presented with the title being: A RESOLUTION AMENDING THE CDBG SECTION 108 LOAN TO INCLUDE FOUR (4) ELIGIBLE INFRASTRUCTURE PROJECTS TO REPLACE THE MADISON HEIGHTS PROJECT. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Keck, and the Resolution was unanimously adopted by the Board Members present. Introduced next was Ordinance No. 18,059, entitled: AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH L.E.G. ENTERPRISE FOR LAGRANGE /ARKANSAS SYSTEMS DRIVE AND CHENAL PARKWAY INTERSECTION IMPROVEMENTS; 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 taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Hinton, Lichty, Cazort, Keck, Kumpuris, Kelly, Adcock, Pugh, and Vice Mayor Wyrick — total 9; Noes — None; Absent — Director Stewart and Mayor Dailey — total 2. Whereupon, the Ordinance was declared PASSED. Item 36 on the Agenda was a proposed Ordinance described as: AN ORDINANCE TO AMEND ORDINANCE NO. 17,904 CONCERNING THE EXCESS FALSE ALARMS IN THE CITY OF LITTLE ROCK, PROVIDING DEFINITIONS AND PENALTIES FOR ENFORCEMENT AGAINST ALARM USERS CAUSING EXCESS RESPONSE TO FALSE ALARMS, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES; City Attorney Tom Carpenter explained that the false alarm Ordinance is being amended to make it more effective. The alarm industry has not seen this draft; therefore, he asked that the Ordinance be read twice only at this meeting. The Ordinance was then read the first time. The rules were suspended to provide for the second reading 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. The Ordinance was read the second time and left on the calendar for third and final reading on July 20, 1999. 10 494 Minutes July 6, 1999 At 9:15 P.M. City Manager Cy Carney gave his Activity and Project Report which consisted of the announcement that emergency repairs estimated at $12,000 are being made to the north side of the City Hall Building over the back door; he is in discussion with Harvest Foods regarding rebuilding the store at 17"' and Main which was destroyed by the January 21, 1999 tornado. The plan is to relocate the downtown Police fueling location from City Hall to 17"' and Main in connection with the Harvest Foods proposed fuel station. Director Lichty had questions regarding the preparation of the Agenda. He suggested that deferred items be elevated to the first of the succeeding Agenda. He also questioned under what circumstances are items removed from the Agenda without the authority of the Board. Director Hinton requested that an item be on the next Agenda regarding trash being dumped in the streets. Director Adcock said that the airport limousine service is asking people if they want to use its services. She was told that the limousine service would pick up at residences and also deliver to residences. She understood that the limousine service was not to do that and asked for an investigation. She also wanted to know how the limousine service got a booth inside the airport near the baggage claim location. There being no further business to be presented, the Board of Directors recessed at 9:20 o'clock P.M. to reconvene on Tuesday, July 13, 1999, at 4:00 o'clock P.M. to conduct a public hearing on the issuance of Airport Revenue Bonds. ATTEST: City Clerk Robbie Hancock 11 APPROVED: Vice Mayor B. J. (Brenda) Wyrick