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HomeMy WebLinkAbout11-17-92Board of Directors Chamber Little Rock, Arkansas November 17, 1992 - 6:15 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Sharon Priest presiding. City Clerk Robbie Hancock called the roll with the following Directors in attendance: Directors Roy, Hollingsworth, Lewellen, Shackelford, Dailey and Catlett - total 6; Absent - None. Mayor Priest announced that a quorum was present and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Shackelford. The Consent Agenda was the first presentation, consisting of the following items: (a) Approval of the Minutes of the previous Board of Directors meetings held October 5, 1992, and October 20, 1992. (b) Resolution No. 8,821, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A MID - MOUNTED BOOM MOWER FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION. (Capitol Ford New Holland - not to exceed $31,958.) (c) Resolution No. 8,822, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE RENOVATION OF THE BUILDING AT 1108 S. PARK AS A NEIGHBORHOOD ALERT CENTER. (Phillips Construction Co. - $43,328.) (d) Resolution No. 8,823, described as: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUITCLAIM DEED CONVEYING THE CITY'S INTEREST IN PROPERTY LOCATED AT 1309 WEST 28TH STREET TO ELMER JACKSON. (e) Added to the Consent Agenda at the request of Mayor Priest was Resolution No. 8,824, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF EDS FEDERAL CORPORATION TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 101 E. Capitol Avenue.) By motion from Director Shackelford, seconded by Director Dailey, which was adopted by unanimous voice vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes of the previous meetings held October 6, 1992 and October 20, 1992, were approved as written and distributed to members of the Board of Directors; and (b, c, d and e) Resolutions No. 8,821, 8,822, 8,823 and 8,824 were read in full and adopted by unanimous voice vote of the Board Members present. No one was present to address the Board of Directors at the time allotted for Citizens. Communication. Introduced next was Ordinance No. 16,302, entitled: AN ORDINANCE AMENDING OF THE CITY OF LITTLE ROCK, RIGHT -OF -WAY DEDICATION AND HERITAGE BAPTIST TEMPLE AT DECLARING AN EMERGENCY. 2HAPTER 30 OF THE CODE OF ORDINANCES ARKANSAS, PROVIDING FOR A WAIVER OF STREET IMPROVEMENT REQUIREMENTS FOR 4910 STAGECOACH ROAD (Z- 5544); AND 1 189 190 Minutes November 17,1992 Attorney Stephen Tedder, representing Heritage Baptist Temple, asked the Board of Directors to waive the requirement for right - of -way dedication and street improvements on Stagecoach Road and Colonel Glenn Road. He stated the Church is only replacing one trailer with another, and should not be required to dedicate the right -of -way. The Planning Commission approved the Conditional Use Permit for the trailer, but Staff has requested the dedication of one -third (1/3) mile of street right -of -way. The caretaker and his family live in the trailer and the electricity cannot be hooked up until this issue is resolved. Director Dailey asked if there is some way this issue could be resolved without negating the Board's policy regarding right -of -way dedication and without setting a precedent. Director Shackelford asked City Attorney Tom Carpenter if there is an exception that would not go against the Board's policy. Mr. Carpenter stated the City cannot show any appreciable change in the use of the property and it is the ability to show appreciable change in the use of the property that justifies the City taking right -of -way without compensation. Upon question, Mr. Jim Lawson, Director of the Department of Neighborhoods and Planning, stated that the Public Works Engineering Staff required the right -of -way dedication and the Planning Commission approved the Conditional Use Permit with the understanding that the Board of Directors would resolve the right -of -way issue. After a lengthy discussion, Mr. Carpenter recommended renumbering Section 2 to Section 3 and adding a new Section 2 to read: "This waiver is made in this exceptional circumstance because the particular conditional use does not create any appreciable change in the present use of the property." Director Shackelford then questioned the need for an emergency clause in the Ordinance; therefore, Mr. Carpenter recommended that Section 3 be changed to read as follows: "The ability to have proper heating and plumbing for residential dwellings is used to protect the health, safety and welfare of the citizens of the City of Little Rock. This conditional use permit allows such linkage. Therefore, an emergency is declared to exist and this Ordinance shall be in full force and effect from and after the date of its passage." The revised Ordinance was then read the first time. There was a motion and second by Directors Shackelford and Dailey, respectively, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Dailey, seconded by Director Hollingsworth, that the rules be suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and last reading of the Ordinance. The Aye and No Vote taken on passage of the Ordinance resulted as follows: Ayes - Directors Shackelford, Dailey and Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Shackelford, Dailey and Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Consideration was then given to Ordinance No. 16,303, described as: AN ORDINANCE APPROVING MODIFICATIONS TO A PLANNED UNIT DEVELOPMENT AND PROVIDING FOR THE MAINTENANCE OF A PRD DISTRICT ENTITLED CHELSEA SQUARE PRD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ORDINANCE NO. 14,404 AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. 2 Minutes November 17,1992 �C (5 -328 -D - Chelsea Square PRD located at 2111 Hinson Road.) At the request of Mayor Priest, Mr. Jim Lawson, Director of Neighborhoods and Planning, explained Mr. Floyd Fulkerson's request and stated that Staff had discussed the item with residents of Chelsea Square and the residents are now satisfied. Mr. Lawson said he had reassured the attorney for the residents of Chelsea Square that the structure would be built as shown on the drawing for Lot 2. The Ordinance was then read the first time. There was a motion by Director Lewellen, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. There was a subsequent motion by Director Dailey, seconded by Director Hollingsworth, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. An Aye and No Vote was taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Shackelford and Dailey, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 6; Noes - None; Abstentions - Director Catlett - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 8,817, and notice thereof duly published on November 10, 1992 and November 17, 1992, on a petition filed by Ranch Properties, Inc. to vacate and abandon a 10 ft. north -south public utility easement located between Lots 119 and 120 and between Lots 122 and 123 of Ranch Addition to the City of Little Rock, Arkansas. Attached to the petition was a certified copy of the plat of Ranch Addition on file in the Pulaski County Circuit Clerk's Office and a letter from Beach Abstract & Guaranty Company listing the last apparent owners of record to abutting property. Mayor Priest declared the public hearing open and with no one present who wished to speak in opposition to the proposed abandonment, the public hearing was declared closed and Ordinance No. 16,304 was presented, with the title being: AN ORDINANCE VACATING THE NORTH -SOUTH PUBLIC UTILITY EASEMENTS BETWEEN LOTS 119 & 120 AND BETWEEN LOTS 122 & 123 OF THE RANCH ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and after a first reading of the Ordinance, there was a motion by Director Dailey, seconded by Director Lewellen, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made and seconded by Directors Dailey and Hollingsworth, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question, Shall the Ordinance Pass, was submitted to an Aye and No Vote, which received the following response: Ayes - Directors Shackelford, Dailey and Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. 3 192 Minutes November 17, 1992 The next presentation was a proposed Ordinance entitled: AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY FOR THE YEAR 1993; PROVIDING FOR THE PAYMENT THEREOF; and the proposed Ordinance was read the first time and left on the calendar for second reading on December 1, 1992. Consideration was then given to a proposed Ordinance described as: AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF BEGINNING IN 1993; AMENDING SECTION 9 OF ORDINANCE NO. 11,683; AND FOR OTHER PURPOSES; and the proposed Ordinance was read the first time and left on the calendar for second reading on December 1, 1992. Introduced next was a proposed Ordinance with the title being: AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1993; AND PROVIDING FOR THE PAYMENT THEREOF; and the proposed Ordinance was read the first time and left on the calendar for second reading on December 1, 1992. The next presentation was a proposed Ordinance entitled: AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS BY ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE LONG DISTANCE TELECOMMUNICATION SERVICE, AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 3 OF ORDINANCE NO. 15,706; AND FOR OTHER PURPOSES; and the proposed Ordinance was read the first time and left on the calendar for second reading on December 1, 1992. Consideration was then given to a proposed Ordinance described as: AN ORDINANCE TO AMEND SECTION 28 -46 OF THE 1988 LITTLE ROCK, CITY CODE OF ORDINANCES, PROVIDING FOR A SCHEDULE OF GARBAGE COLLECTION FEES AS SET OUT THEREIN; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the proposed Ordinance was read the first time and left on the calendar for second reading on December 1, 1992. Director Roy questioned Mr. Mike Batie, Director of the Public Works Department, regarding the system for picking up leaves and limbs and requested an update in two weeks. Mayor Priest noted that there has been some confusion over the collection of yard waste and she noted that the City will continue to pick up leaves, but they will have to be composted beginning July 1, 1993, as required by the Department of Pollution Control and Ecology. The next presentation was Ordinance No. 16,305, entitled: AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE ROCK, AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; 4 Minutes November 17, 1992 19'3 Director Shackelford stated that Mr. Leon Adams, 1409 Gaines Street, had requested that the building at 722 West 9th Street be removed from the Ordinance or additional time granted since the building is structurally sound. (Note: Mr. Adams had to leave the Board of Directors Meeting earlier to attend another meeting.) Mr. Jim Lawson, Director of Neighborhoods and Planning, stated that the owner was notified on March 28, 1989 that the building was unsafe and had been notified a total of eight times. Director Shackelford stated she would like to have more information regarding the building at 722 West 9th Street, since this is the first time a commercial building has been included in the condemnation ordinance; therefore, an administrative waiver of sixty (60) days was granted to Mr. Adams for the structure at 722 West 9th Street. The Ordinance was then read the first time, followed by a motion from Director Roy, seconded by Director Lewellen, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. A subsequent motion was made and seconded by Directors Roy and Hollingsworth, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, followed by an Aye and No Vote taken on passage of the Ordinance as follows: Ayes - Directors Dailey and Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 6; Noes - None; Abstentions - Director Shackelford - total 1; Absent - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Dailey and Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 6; Noes - None; Abstentions - Director Shackelford - total 1; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. Introduced next was Ordinance No. 16,306, with the title being: AN ORDINANCE ESTABLISHING A SISTER CITIES COMMISSION FOR THE CITY OF LITTLE ROCK; SPECIFYING THE NUMBER OF MEMBERS AND THE MANNER OF APPOINTMENT; SPECIFYING THE DUTIES OF THE COMMISSION; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time, followed by a motion from Director Roy, seconded by Director Lewellen, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. A subsequent motion was made and seconded by Directors Roy and Hollingsworth, respectively, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, followed by an Aye and No Vote taken on passage of the Ordinance as follows: Ayes - Directors Shackelford, Dailey and Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Shackelford, Dailey and Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. 5 194 Minutes November 17,1992 The last matter to be considered was Ordinance No. 16,307, described as: AN ORDINANCE AMENDING CHAPTER 32 OF THE LITTLE ROCK CODE OF ORDINANCES, PROVIDING FOR AN OFFENSE FOR PARKING IN FRONT OF OR WITHIN FIVE FEET OF A PUBLIC OR PRIVATE DRIVEWAY, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES; and the Ordinance was read the third and last time, having been read the first and second times on October 20, 1992 and November 4, 1992. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Shackelford, Dailey and Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Shackelford, Dailey and Catlett, Mayor Priest, Directors Roy, Hollingsworth and Lewellen - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. There being no further business to be presented, the Board of Directors adjourned at 7:05 o'clock P.M. to meet again in regular session on Tuesday, December 1, 1992, at 6:00 o'clock P.M. ATTEST: APPROVED: City Clerk Robbie Hancock Mayor Sharon Priest C1