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HomeMy WebLinkAbout04-04-93Board of Directors Chamber Little Rock, Arkansas May 4, 1993 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Vice Mayor Jesse Mason, Jr. presiding in the absence of Mayor Jim Dailey. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Priest, Roy, Sharp and Adcock - total 4; Absent - Mayor Dailey and Director Lewellen - total 2. With a quorum present, Vice Mayor Mason declared the Board of Directors in session, and the proceedings of the meeting are recorded as follows. The Invocation was given by Director Priest, followed by the Pledge of Allegiance. The Consent Agenda was the first presentation, consisting of the following items: (a) Approval of the Minutes of the previous meeting held April 20, 1993. (Deferred at the request of the City Clerk.) (b) A motion to set the date for a public hearing on May 18, 1993, on the appeal of Zoning Case Z -5383 - Conditional Use Permit for a restaurant at 5510 Kavanaugh Boulevard, which was denied by the Planning Commission. (c) Resolution No. 8,901, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO THE LITTLE ROCK SCHOOL DISTRICT TO PROVIDE BUS SERVICE FOR THE SUMMER PLAYGROUND PROGRAM FOR THE PARKS & RECREATION DEPARTMENT. (Not to exceed $8,000 for the period June 21 - August 5, 1993.) (d) Resolution No. 8,902, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT WITH THE MEHLBURGER FIRM FOR ENGINEERING SERVICES AND INSPECTION SERVICES FOR CONSTRUCTION OF THE NEW CITY LANDFILL. (Located on Ironton Cutoff Road across from present Landfill.) (e) Resolution No. 8,903, described as: A RESOLUTION AUTHORIZING AN ADDENDUM TO THAT CERTAIN AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND THE I -630 TO ARKANSAS STATE HIGHWAY 10 PARKWAY PROPERTY OWNERS IMPROVEMENT DISTRICT NO. 338 OF PULASKI COUNTY, ARKANSAS, DATED AUGUST 5, 1986; AND OTHER PURPOSES. (To reduce annual payments.) (f) Resolution No. 8,904, entitled: A RESOLUTION ACCEPTING A DEDICATION OF LAND BY A. P. GREEN INDUSTRIES, INC. FOR A MUNICIPAL LANDFILL, AND TO ACKNOWLEDGE THE CITY'S APPRECIATION OF THE DEDICATION. (Approximately 109 acres on east side of Ironton Cutoff Road, south of Dixon Road, and north and across from present Landfill - NE corner of the SE 114, SE 114, Section 9, T -1 -S, R- 12 -W.).) (g) Resolution No. 8,905, with the title being: A RESOLUTION APPROVING THE LEASE OF A PORTION OF CITY PROPERTY TO GLACIAL CONCRETE COMPANY; AND FOR OTHER PURPOSES. (Near West 12th and Vogler Streets.) 1 315 316 Minutes May 4, 1993 (h) Resolution No. 81906, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE ALHAMBRA COURT FROM CHENAL PARKWAY TO HERMITAGE ROAD AND PILGRIM ROAD FROM BOWMAN ROAD TO ALHAMBRA COURT IN MONTCLAIR HEIGHTS SUBDIVISION (PART II) OF THE CITY OF LITTLE ROCK, ARKANSAS; AND TO ABANDON ALL EASEMENTS LOCATED WITHIN THOSE PORTIONS OF RIGHT -OF -WAY. (May 18, 1993.) Upon motion by Director Priest, which was seconded by Director Roy and unanimously adopted by the Board Members present, the Consent Agenda was dispensed with as follows: (a) The approval of the Minutes of the Board of Directors Meeting held April 20, 1993, was deferred until May 18, 1993, at the request of City Clerk Robbie Hancock; (b) the motion setting the public hearing date for May 18, 1993, on Zoning Appeal Z- 5383 -C was unanimously adopted; and (c, d, e, f, g and h) Resolutions No. 8,901, 8,902, 8,903, 8,904, 8,905 and 8,906 were read in full and adopted by unanimous voice vote of the Board Members present. (For the benefit of interested parties, Vice Mayor Mason announced that Agenda Items 2, 3, 4, and 12 had been deferred.) At the time allotted for Citizen Communications, Mr. Jesse MacHenry Johnson, Ms. Jeane Moore and Mr. Tom Boston addressed the Board of Directors. The first speaker under Citizen Communications was Mr. Jesse MacHenry Johnson, 1312 West 13th Street, who protested the increase in his water bill. He stated that his water bill increased from $21.00 to $25.19 which was reasonable, but then his last bill was $41.75. A qualified plumber checked his water lines and found nothing wrong. After a brief discussion, Vice Mayor Mason and Director Sharp suggested that Mr. Johnson contact the Little Rock Municipal Water Works regarding his water bill and ask that his water meter be checked. The next speaker was Mrs. D. Jeane Moore, American Federation of State, County and Municipal Employees (AFSCME), 2020 West Third Street. She spoke on behalf of the Sanitation Department employees regarding the proposal to privatize garbage collection in the City of Little Rock. Since the privatization of garbage collection was not on the Agenda, Mrs. Moore distributed printed material to the Board of Directors and asked to speak when the issue is discussed in depth at the Agenda Meeting on Wednesday, May 12, 1993. Director Sharp requested a brief discussion of the garbage collection privatization issue since Mr. Tom Boston of Browning Ferris Industries (BFI) was present at Director Sharp's invitation. Director Roy said he would also like to hear from Mr. Boston of BFI, in order to be better informed for the discussion on Wednesday. At the request of Director Sharp, Mr. Mike Batie, Director of Public Works, gave a preliminary report on the garbage collection privatization issue. Mr. Batie explained the research his staff was doing and stated he would have an in -depth analysis for the Agenda Meeting on Wednesday, May 12, 1993. Mr. Boston of BFI then spoke briefly regarding the options available to the citizens of Little Rock, stating he believed that BFI could meet the needs of the City of Little Rock and save money on garbage collection. He also recommended that the City look at some public /private partnership arrangement. He stated his company did not want to put City employees out of work and would be willing to evaluate City Sanitation employees since BFI would need additional employees if it received the privatization contract. He stated BFI would also be willing to evaluate and negotiate the purchase of City owned equipment for garbage collection. Vice Mayor Mason asked what would happen to the City of Little Rock if it contracted with a private company and that company decided not to do business in Arkansas. Mr. 2 Minutes May 4, 1993 Boston stated there would be performance bond for the City's protection. In response to a question by Director Sharp, Mr. Boston said his company does own a landfill and could build and operate a landfill for much less than what the City has in mind. At the request of Director Adcock, Personnel Director Britt Rice stated there are 128 employees in the Sanitation Department and she would provide a finalized report as to residence, sex, race, etc. which would be sent to Board Members on Thursday, May 6, 1993. Director Priest asked Staff to provide the Board a complete report by May 26, 1993. A proposed Ordinance entitled: "AN ORDINANCE ESTABLISHING A DESIGN OVERLAY DISTRICT FOR THE CHENAL /FINANCIAL CENTER PARKWAY URBAN CORRIDOR PURSUANT TO THE DESIGN OVERLAY AUTHORITY OF CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND DECLARING AN EMERGENCY" was on the Agenda but was deferred until the next meeting at the suggestion of Director Priest, due to the absence of Mayor Dailey and Director Lewellen. (Note: The Ordinance was read the third time on February 2, 1993 and a motion was adopted to table the Ordinance until an overlay policy decision is made. Five affirmative votes are required to remove the Ordinance from the table.) A proposed Ordinance to rezone property at I -30 and Baseline Road from 11I -2" Light Industrial District to 11C -3" General Commercial District (Z- 3459 -A) was deferred until June 1, 1993, as requested by the applicant, Mr. Joe D. White for Conservative Development Company. A proposed Ordinance entitled "AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE GEYER SPRINGS WEST DISTRICT, LOCATED NORTH OF BASELINE ROAD AND WEST OF DISTRIBUTION DRIVE, FROM OPEN SPACE TO COMMERCIAL AND FOR OTHER PURPOSES" was deferred. (NOTE: Zoning Case Z- 5346 -A - 8524 Baseline Road was deferred; therefore, the Land Use Plan amendment was also deferred.) A proposed Ordinance to rezone 8524 Baseline Road (Z- 5346 -A) from 11R -2" Single - family District to 11C -3" General Commercial District was deferred as requested by the applicant, Virginia Reeves Bean for Reeves Beverage Company. Consideration was then given to Zoning Application Z -5678 and Z -5679 filed by various owners in the Oak Forest and Forest Hills Neighborhoods to reclassify property in the area bounded by Interstate 630 and West 12th Street, Van Buren and Cedar Streets. (The Forest Hills Neighborhood Association had requested that the Planning Department conduct a study of the zoning pattern in the Forest Hills neighborhood.) The Planning Commission approved the reclassifications on April 6, 1993. No opposition to the rezoning was presented, and Ordinance No. 16,412 was introduced, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -5678 - To rezone various properties (long legal description) from 11R -4" Two - family District to 11R -3" Single- family District in Jensen Addition, Riffel and Rhoten Addition, and Heckler's Subdivision - Various properties in the 800 and 900 blocks of Elm, Lewis and Abigail Streets, and the 4100, 4200, 4300 and 4400 blocks of West 10th Street, 4300 and 4400 blocks of West 9th Street, 4200, 4300 and 4400 blocks of West 8th Street.) t XiD7 (Z -5679 - To rezone various properties (long legal description) from "R -4" Two- family District to 11R -3" Single- family District in Cunningham Addition - 4425 and 4426 West 10th Street, 4420 and 317 318 Minutes May 4, 1993 4424 West 9th Street, 804, 808, 816, 900, 906, 916 Washington Street; 805, 809, 823, 817, 816, 900, 904, 912, 914, 918, 924, 905, 909, 913, 917 Adams Street, 805, 804, 808, 812 Jefferson Street, 808 and 824 Madison Street, 807 and 810 Monroe Street, 4523 Maryland Street.) and the Ordinance was read the first time. There was a motion by Director Priest, seconded by Director Adcock, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. A second reading of the Ordinance followed, with a motion being made by Director Priest, seconded by Director Roy, 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 five 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. The question, Shall the Ordinance Pass, was submitted to an Aye and No Vote, which is recorded as follows: Ayes - Directors Priest, Roy, Sharp, Vice Mayor Mason, and Director Adcock - total 5; Noes - None; Absent - Director Lewellen and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,413, entitled: AN ORDINANCE TO APPROVE A CONTRACT BETWEEN THE DONAGHEY PROJECT FOR URBAN STUDIES AND DESIGN /UALR AND THE CITY OF LITTLE ROCK FOR THE PANKEY COMMUNITY PLAN WITHIN THE CITY; TO WAIVE COMPETITIVE BIDDING; AND FOR OTHER PURPOSES; ($19,500) and the Ordinance was read the first time. There was a motion by Director Priest, seconded by Director Adcock, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. A second reading of the Ordinance followed, with a motion being made by Director Priest, seconded by Director Roy, 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 five 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. The question, Shall the Ordinance Pass, was submitted to an Aye and No Vote, which is recorded as follows: Ayes - Directors Priest, Roy, Sharp, Vice Mayor Mason, and Director Adcock - total 5; Noes - None; Absent - Director Lewellen and Mayor Dailey - total 2. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 16,414, described as: AN ORDINANCE AMENDING CHAPTER 12 OF THE LITTLE ROCK CODE OF ORDINANCES, REPEALING LITTLE ROCK ORDINANCE 16,353, PROVIDING FOR THE ADOPTION BY REFERENCE OF THE ARKANSAS FIRE PREVENTION CODE, VOLUME 1 AND 2, 1992 EDITION, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Priest, seconded by Director Adcock, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. A second reading of the Ordinance followed, with a motion being made by Director Priest, seconded by Director Roy, 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 five 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. The question, Shall the Ordinance Pass, was submitted to an Aye and No Vote, which is 4 Minutes May 4, 1993 319 recorded as follows: Ayes - Directors Priest, Roy, Sharp, Vice Mayor Mason, and Director Adcock - total 5; Noes - None; Absent - Director Lewellen and Mayor Dailey - total 2. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Priest, Roy, Sharp, Vice Mayor Mason, and Director Adcock - total 5; Noes - None; Absent - Director Lewellen and Mayor Dailey - total 2. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. Consideration was then given to Resolution No. 8,907, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DEEDS CONVEYING EXCESS RIGHT -OF -WAY TO ADJACENT LANDOWNER; AND FOR OTHER PURPOSES. (Excess right -of -way at the southeast intersection of Bowman Road and Chenal Parkway to Moses Nosari Real Estate, Inc.) (Director Priest was excused at 7:00.) Mr. Jim Moses, of Moses Nosari Real Estate, responded to questions by Director Sharp regarding the acquisition of the right -of -way and how the City arrived at the cost, etc. The Resolution was read in full. There was a motion and second by Directors Roy and Adcock, respectively, to adopt the Resolution, and the Resolution was adopted by unanimous voice vote of the Board Members present. (Director Priest re- enrolled at 7:03 o'clock P.M.) The next presentation was Ordinance No. 16,415, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED "PILGRIM ROAD LONG -FORM PCD ", 11801 CHENAL PARKWAY (Z -5654) 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; (2-5654 - Reclassifying a parcel of land in Montclair Heights Subdivision and Autumn Wood Subdivision [11801 Chenal Parkway] from 11R -2" Single - family District to PCD Planned Commercial District.) and the Ordinance was read the first time, followed by a motion by Director Roy, seconded by Director Adcock, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being five 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 made by Directors Priest and Adcock, 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 five 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. The Aye and No Vote taken on passage of the Ordinance is recorded as follows: Ayes - Directors Priest, Roy, Sharp, Vice Mayor Mason, and Director Adcock - total 5; Noes - None ; Absent - Director Lewellen and Mayor Dailey - total 2. Whereupon, the Ordinance was declared PASSED. 5 320 Minutes May 4, 1993 Introduced next was Resolution No. 8,908, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR A TRIPLE COMBINATION FIRE PUMPER TRUCK AND A TRIPLE DRIVE AXLE TRACTOR FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION; AND THE 1993 RESURFACING PROGRAM FOR THE DEPARTMENT OF PUBLIC WORKS. (3D Manufacturing - triple combination fire pumper truck - not to exceed $198,300; Walt Bennett Ford - triple drive axle tractor - not to exceed $75,861 ;. Cranford Construction - 1993 Street Resurfacing Project - not to exceed $515,424.09.) and the Resolution was read in full. Mr. Nathaniel Hill, Director of General Services /Fleet Services Division, responded to questions by Director Sharp regarding the purchase of a triple combination fire pumper truck, by stating this unit will replace a 27 year old fire truck, explaining that after 20 years, the manufacturer no longer makes parts for the fire truck. Also, it will be one year before the new unit is received and the final decision on the unit being replaced will be determined at that time. A motion was made by Director Roy, seconded by Director Priest, that the Resolution be adopted. The Resolution was adopted by unanimous voice vote of the Board Members present. The next presentation was Resolution No. 8,909, entitled: A RESOLUTION AUTHORIZING THE SALE OF A CITY -OWNED VACANT LOT AT 2501 WEST 12TH STREET. (Vacant lot at 2501 W. 12th Street sold to Windell Gray for $500.00.) and the Resolution was read in full. A motion was made by Director Priest, seconded by Director Roy, to adopt the Resolution and the Resolution was adopted by unanimous voice vote of the Board Members present. The last item on the Agenda was a proposed Ordinance which would allow the City of Little Rock to remove graffiti on private property. However, City Attorney Tom Carpenter advised the Board that his staff had not finalized the Ordinance and asked that it be deferred until May 18, 1993. Therefore, the proposed Ordinance was deferred until May 18, 1993. In the absence of Interim City Manager Charles Nickerson, Assistant City Manager Brenda Donald made follow -up reports to the Board of Directors on issues reported at the April 20, 1993 Board meeting: (1) Board members received a written report in response to a complaint filed by Mrs. Lorene Livingston, 1916 South Schiller Street, regarding a list of abandoned houses in the area. (2) Mr. Jim Lynch spoke regarding the National Home Center rezoning (Z -5646) at Highway 10 and Taylor Loop Road; Mr. Richard Brittain spoke regarding fliers being distributed at the Airport by the Fraternal Order of Police; and Mr. Hugh Earnest addressed the increase in garbage collection fees. All of these were informational and did not require a follow -up. 6 , Minutes May 4, 1993 321 There was a motion by Director Roy, seconded by Director Priest to recess the meeting until 1:30 o'clock P.M. on Wednesday, May 12, 1993, to discuss the appeal of the Chancery Court ruling on Zoning Case Z -5646 - National Home Center PCD at Highway 10 and Taylor Loop Road. The motion was adopted by unanimous voice vote of the Board Members present, and the meeting was recessed at 7:15 o'clock P.M. to reconvene on Wednesday, May 12, 1993, at 1:30 o'clock P.M. ATTEST: 1.� City Clerk Robbie Hancock 7 PPROVED• ice Mayor Jesse P1 on, Jr.