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HomeMy WebLinkAbout07-06-93364 Board of Directors Room Little Rock, Arkansas July 6, 1993 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock was present and called the roll with the following Directors present: Directors Priest, Roy, Sharp, Lewellen, Mason and Adcock - total 6; Absent - None. _ With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows: The Invocation was given by Vice Mayor /Director Jesse Mason, Jr., followed by the Pledge of Allegiance. The Consent Agenda was presented, consisting of the following items: (a) Approval of the Minutes of the Board of Directors regular meeting held May 18, 1993, and the reconvened meeting held May 26, 1993. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of May, 1993. (c) Resolution No. 8,943 entitled: A RESOLUTION OF APPRECIATION AND COMMENDATION TO PAUL H. HARVEL, PRESIDENT OF THE GREATER LITTLE ROCK CHAMBER OF COMMERCE. (d) Resolution No. 8,944, described as: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO GRANT A RIGHT -OF -WAY EASEMENT FOR THE PURPOSE OF CONSTRUCTING A SEWER LINE OVER A PORTION OF CERTAIN LAND OWNED BY THE CITY, LOCATED NORTH OF NORMANDY AND CANTRELL ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS. (e) Resolution No. 8,945, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR RENEWAL CONTRACT WITH SOUTHWEST EMPLOYEE ASSISTANCE PROGRAM EFFECTIVE JULY 1, 1993. (f) Resolution No. 8,946, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT TO LAMBERT CONSTRUCTION COMPANY FOR TRENCHING AND CONDUIT INSTALLATION FOR STREET LIGHTS IN FRONT OF THE MACARTHUR PARK AREA. (9th Street from Commerce to McAlmont Streets.) Upon motion by Director Roy, seconded by Director Sharp, which was unanimously adopted by the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes of the Board of Directors regular meeting held May 18, 1993, and the reconvened meeting held May 26, 1993, were approved as written and distributed to the Board of Directors; (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; and (c, d, a and f) Resolutions No. 8,943, 8,944, 8,945, and 8,946 were read in full and adopted by unanimous voice vote of the Board Members present. Police Chief Louie Caudell gave a brief update on the recent drive -by shootings in Little Rock. He stated there have been 17 or 18 in the last month but not all involved injury to a person. 0 1 Minutes July 6, 1993 365 Chief Caudell stated that 19 officers have been reassigned to the districts where the shootings have occurred to work the evening shift for the remainder of the summer months. Following the briefing, there was a lengthy discussion among Board Members. At the time allotted for Citizen Communications, Mr. Don Dorrell, representing the Wakefield Neighborhood Association, read a letter of thanks to Director Sharon Priest and Director Joan Adcock for their work on behalf of Southwest Little Rock and the Wakefield Neighborhood, particularly that related to the application for a crematorium in Southwest Little Rock. Consideration was then given to Ordinance No. 16,441, entitled: AN ORDINANCE AMENDING LITTLE ROCK ORDINANCE NO. 16,437, PROVIDING FOR CREMATORIA TO BE ALLOWED IN CERTAIN ZONING DISTRICTS BY CONDITIONAL USE PERMIT ONLY; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was 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 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. The rules were again suspended and the Ordinance placed on third and final reading by a motion made and seconded by Directors Roy and Sharp, respectively, and 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. The Ordinance was read the third and last time and a roll call vote was taken on the question "Shall the Ordinance Pass" with the response being: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 6 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. The next presentation was Ordinance No. 16,442, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE I -630 DISTRICT FROM LOW DENSITY MULTIFAMILY TO OFFICE; AND FOR OTHER PURPOSES; (In an area south of 12th Street and east of Booker.) and the Ordinance was read the first time. There was 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 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. The rules were again suspended and the Ordinance placed on third and final reading by a motion made and seconded by Directors Roy and Sharp, respectively, and 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. The Ordinance was read the third and last time and a roll call vote was taken on the question "Shall the Ordinance Pass" with the response being: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. 2 366 Minutes July 6, 1993 Introduced next was Ordinance No. 16,443, with the title being: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE GEYER SPRINGS WEST DISTRICT FROM INDUSTRIAL TO COMMERCIAL AND FOR OTHER PURPOSES; (In an area east of Chicot Road between the creek and railroad tracks.) and the Ordinance was read the first time. There was 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 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. The rules were again suspended and the Ordinance placed on third and final reading by a motion made and seconded by Directors Roy and Sharp, respectively, and 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. The Ordinance was read the third and last time and a roll call vote was taken on the question "Shall the Ordinance Pass" with the response being: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Zoning Application Z- 3468 -A, filed by Eugene Pfeifer, on behalf of S. Roger Horchow, Agent, to rezone 1.76 acres.on Chicot Road north of the railroad tracks from 11I -2" Light Industrial District to 11C -3" General Commercial and "OS" Open Space District. The Planning Commission approved the zoning change on June 15, 1993. There was no opposition to the reclassification and Ordinance No. 16,444 was presented, entitled: 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- 3468 -A - To rezone property on Chicot Road north of the railroad tracks from 11I -2" Light Industrial District to 11C -3" General Commercial and "OS" open Space Districts.) and the Ordinance was read the first time. There was 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 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. The rules were again suspended and the Ordinance placed on third and final reading by a motion made and seconded by Directors Roy and Sharp, respectively, and 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. The Ordinance was read the third and last time and a roll call vote was taken on the question "Shall the Ordinance Pass" with the response being: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,445, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN IN THE OTTER CREEK DISTRICT IN THE STAGECOACH - OTTER CREEK ROAD AREA AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Roy, seconded by Director Adcock, to suspend the rules and place the Ordinance on second reading. The motion was 3 Minutes July 6, 1993 367 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. The rules were again suspended and the Ordinance placed on third and final reading by a motion made and seconded by Directors Roy and Sharp, respectively, and 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. The Ordinance was read the third and last time and a roll call vote was taken on the question "Shall the Ordinance Pass" with the response being: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Zoning Application Z -5681 filed by Edward Grubbs on behalf of Lucille Vines, to rezone 1.28 acres on Otter Creek Road at Stagecoach Road (long legal description) from 11R -2" Single- family District to 11C -3" General Commercial District. The application was approved by the Planning Commission on June 15, 1993. No one was present to speak in opposition to the reclassification and Ordinance No. 16,446 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 -5681 - To rezone property at Otter Creek Road and Stagecoach Road from 11R -2" Single- family District to "C -3" General Commercial District.) and the Ordinance was read the first time. There was 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 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. The rules were again suspended and the Ordinance placed on third and final reading by a motion made and seconded by Directors Roy and Sharp, respectively, and 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. The ordinance was read the third and last time and a roll call vote was taken on the question "Shall the Ordinance Pass" with the response being: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,447, entitled: AN ORDINANCE APPROVING REINSTATEMENT OF A PLANNED UNIT DEVELOPMENT AND PROVIDING FOR THE MAINTENANCE OF A "PCD" DISTRICT ENTITLED STORAGE WORLD AMENDED SHORT -FORM PCD (Z- 5111 -A), LOCATED AT 8500 CUNNINGHAM LAKE ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING ORDINANCE NO. 14,474 AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND PROVIDING FOR A VARIANCE FROM THE REQUIREMENT FOR SIDEWALK CONSTRUCTION ON CUNNINGHAM LAKE ROAD; (Z- 5111 -A - Storage World Amended Short -form PCD - 8500 Cunningham Lake Road.) and the Ordinance was read the first time. There was 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 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. H • • Minutes July 6, 1993 The rules were again suspended and the Ordinance placed on third and final reading by a motion made and seconded by Directors Roy and Sharp, respectively, and 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. The Ordinance was read the third and last time and a roll call vote was taken on the question "Shall the Ordinance Pass" with the response being: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,448, with the title being: AN ORDINANCE PROVIDING FOR THE ISSUANCE OF HOTEL AND RESTAURANT GROSS RECEIPT TAX REFUNDING BONDS, SERIES 1993, BY THE CITY OF LITTLE ROCK, ARKANSAS FOR THE PURPOSE OF REFUNDING THE CITY'S OUTSTANDING HOTEL AND RESTAURANT GROSS RECEIPTS TAX BONDS (LITTLE ROCK CONVENTION CENTER REFUNDING), SERIES 1986; AUTHORIZING SALE OF THE SERIES 1993 BONDS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND PREMIUM, IF ANY, AND INTEREST ON THE SERIES 1993 BONDS; AUTHORIZING THE ADOPTION OF A RESOLUTION SUPPLEMENTAL HERETO TO ESTABLISH THE PRINCIPAL MATURITIES AND SINKING FUND REDEMPTIONS, INTEREST RATES, AND REOFFERING PRICES OF THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. There was 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 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. The rules were again suspended and the Ordinance placed on third and final reading by a motion made and seconded by Directors Roy and Sharp, respectively, and 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. The Ordinance was read the third and last time and a roll call vote was taken on the question "Shall the Ordinance Pass" with the response being: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 13 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Introduced next was Ordinance No. 16,449, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "POD" DISTRICT TITLED "MISS SELMA'S SCHOOLS SHORT - FORM POD" (Z -5684) LOCATED AT 7819 "T" 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; (2-5684 - To rezone Lots 1 through 6, Block 18, and Lots 7 through 10, Block 19, Bellevue Addition from "R -2" Single- family District, "R -4" Two- family District and 110-3" General Office District to Planned Office Development.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon motion and second by Directors Sharp and Lewellen, respectively, which 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. The Ordinance was read the second time, followed by a motion made by Director Lewellen and seconded by 5 Minutes July 6, 1993 Director Adcock, 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 third and final reading of the Ordinance ensued. An Aye and No Vote was taken on passage of the Ordinance which resulted as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,450, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE FROM THE REQUIREMENTS ON PAVEMENT WIDTH AND FOR CURB AND GUTTER, SIDEWALKS, AND RIGHT -OF -WAY WIDTH ON CHENAL VALLEY LOOP, AND A VARIANCE FROM THE REQUIREMENT FOR MAXIMUM STREET GRADES FOR RIDGEFIELD COURT AND CHARLESTON LANE IN CHARLESTON HEIGHTS SUBDIVISION (S- 767 -A); Mr. Bill Hastings with Rector Phillips Morse, addressed the Board of Directors on behalf of RPM Realty, owner of Charleston Heights Subdivision, requesting a waiver of the requirement to build a minor arterial street. Following a lengthy discussion, the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by a motion made by Director Roy, seconded by Director Adcock, and 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. Upon second reading of the Ordinance, there was a subsequent motion made and seconded by Directors Roy and Adcock 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. A third and last reading of the Ordinance ensued, followed by an Aye and No Vote taken on passage of the Ordinance, with the results recorded as follows: Ayes - Director Mason, Mayor Dailey, Directors Sharp and Lewellen - total 4; Noes - Directors Adcock, Priest, and Roy - total 3; Absent - None. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place (see Minutes of 6 -1 -93 & 6- 15 -93) and notice thereof duly published on June 22, 1993 and June 29, 1993, on the petition filed by Ellen Yeary for Miss Selma's Schools (Robin & Michael Smith) to vacate and close a portion of "T" Street between Blocks 18 and 19, Bellevue Addition and the remaining 25 foot portions of Glover Street north and south of "T" Street in Bellevue Addition, pursuant to Section 14 -54 -104 of the Arkansas Code Annotated (1987). Attached to the petition was a certified copy of the plat on file in the Pulaski County Circuit Clerk's Office and a letter from Standard Abstract & Title Company listing the last abutting property owners of record. Mayor Dailey declared the public hearing open. There was no one present who wished to speak, therefore, Mayor Dailey declared the public hearing closed and Ordinance No. 16,451 was presented, entitled: AN ORDINANCE VACATING AND CLOSING A PORTION OF "T" STREET BETWEEN BLOCKS 18 AND 19 OF BELLEVUE ADDITION AND THE REMAINING 25 FOOT PORTIONS OF GLOVER STREET NORTH AND SOUTH OF "T" STREET IN BELLEVUE ADDITION OF THE CITY OF LITTLE ROCK, ARKANSAS, PURSUANT TO SECTION 14 -54 -104 OF THE ARKANSAS CODE ANNOTATED (1987); and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon motion by Director Roy, seconded by Director Lewellen, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- C1 369 370 Minutes July 6, 1993 elect. Following the second reading of the Ordinance, there was a subsequent motion by Directors Roy and Lewellen, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being 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. The Aye and No Vote taken on the question "Shall the Ordinance Pass" received the following response: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. (Director Adcock was excused at 7:18 o'clock P.M.) Introduced next was Resolution No. 81947, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE PURCHASE OF PROTECTIVE FIRE FIGHTING CLOTHING FOR THE FIRE DEPARTMENT; AN ANNUAL CONTRACT FOR ASPHALTIC MATERIALS FOR THE DEPARTMENT OF PUBLIC WORKS /OPERATIONS DIVISION; AND AN OPTICAL DATA STORAGE SYSTEM FOR THE DEPARTMENT OF FINANCE. (Fire clothing - F & F Supply - not to exceed $47,850; optical data storage system - Technical Resources, Inc. - not to exceed $23,997.00) Before the reading of the Resolution, Mayor Dailey noted that the bid on paint and body work was deleted from the Resolution. The Resolution was then read in full. There was a motion by Director Roy, seconded by Director Priest, that the Resolution be adopted. The Resolution was unanimously adopted by the Board Members present. Consideration was then given to Ordinance No. 16,452, described as: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PESCO INTERNATIONAL FOR THE PURCHASE OF THE COMPUTE -A -MATCH SYSTEM; ($21,690 JTPA funds.) and the Ordinance was read the first time. A motion followed whereby the rules were suspended to allow for the second reading of the Ordinance. The motion was made by Director Roy, seconded by Director Priest, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time. A subsequent motion was 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 Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. (Director Adcock re- enrolled at 7:20 o'clock P.M.) There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp, and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. 7 Minutes July 6, 1993 371 The next presentation was Ordinance No. 16,453, with the title being: AN ORDINANCE TO AMEND ORDINANCE NO. 16,331 (THE 1993 BUDGET ORDINANCE) APPROPRIATING FUNDS FOR FESTIVAL SERVICES AND ELECTION COSTS; AND FOR OTHER PURPOSES; ($35,000 - Police overtime and $23,000 - Parks & Recreation for Rhythm on the River Festival; $25,000 - Finance - special election on July 27, 1993.) and the Ordinance was read the first time. A motion followed whereby the rules were suspended to allow for the second reading of the Ordinance. The motion was made by Director Roy, seconded by Director Priest, and 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. The Ordinance was then read the second time. A subsequent motion was 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 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, after which an Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp, and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,454, entitled: AN ORDINANCE APPROPRIATING $250,000 FROM THE CITY'S EXCESS INTEREST EARNING ACCOUNT OF THE 1988 CAPITAL IMPROVEMENT BOND FUND FOR ADDITIONAL CONSTRUCTION COSTS AT THE SOUTHWEST LITTLE ROCK COMMUNITY COMPLEX; and said Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by motion from Director Priest, seconded by Director Adcock, which was unanimously adopted by Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Adcock, seconded by Director Priest, 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. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp, and Lewellen - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,455, described as: AN ORDINANCE TO AMEND ORDINANCE NO. 16,331 (THE 1993 BUDGET ORDINANCE) AND ORDINANCE NO. 16,410; 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; (A 50 cent reduction after August 1, 1993 for a single residence - $13.75 per month; Commercial - $5.50 per cubic yard but not less than $24.25 per month.) and the Ordinance was read the first time. Following a lengthy discussion, there was a motion by Director Roy, seconded by Director Adcock, to suspend the rules and place the Ordinance on 8 Minutes -mil July 6, 1993 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 by Director Priest, seconded by Director Mason, to further suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon third and final reading of the Ordinance, an Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, and Lewellen - total 6; Noes - Director Sharp - total 1; Absent - None. The Emergency Clause contained in Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Priest, Roy, and Lewellen - total 6; Noes - Director Sharp - total 1; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 8,940, adopted June 15, 1993, on the increase of sewer rates for the Little Rock Wastewater Utility, and notice thereof was duly published on June 19, 1993. Mayor Dailey declared the public hearing open. There was no one present to speak in opposition to the proposed Ordinance; therefore, Mayor Dailey declared the public hearing closed and Ordinance No. 16,456 was presented, with the title being: AN ORDINANCE ESTABLISHING A SCHEDULE OF SEWER RATES FOR THE LITTLE ROCK WASTEWATER UTILITY WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 1993, REPEALING ORDINANCE NO. 13,982 (APPROVED FEBRUARY 17, 1981), ORDINANCE NO. 16,018 (APPROVED MARCH 5, 1991), AND ORDINANCE NO. 16,080 (APPROVED AUGUST 6, 1991), AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on June 15, 1993. Director Roy moved to suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Lewellen and 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 third and last reading ensued. Director Priest stated that $2.7 million dollars will be used to put sewers in unsewered areas, and requested that the 20 unsewered areas be reviewed and the hardship areas be prioritized. In response to a question by Director Adcock, Mr. Reggie Corbitt, Manager of Little Rock Wastewater Utility, explained the proposed increase will be 25.3% which is an increase on the average sewer bill (that uses 700 cubic feet of water) of $2.37 a month (from $9.37 to $11.74 per month). At the request of Director Adcock, Mr. Corbitt made a thirty minute slide and video presentation regarding the rate increase and proposed system improvements. Responding to a request by Director Sharp, Mr. John Pryor, Finance Director, explained that the rate increase is necessary to fund major system rehabilitation and major improvements just described by Mr. Corbitt, which is an ongoing commitment of a ten year program to rehabilitate the collection system, and to begin repaying the state revolving loan fund borrowings. Little Rock Wastewater Utility borrowed $13,000,000 from the State Revolving Loan Fund program and the first payment is due October, 1994. The refinancing of the existing sewer revenue bonds will lower the cash flow necessary to service that debt and allow the Wastewater Utility to borrow $4.5 million in new money for capital improvements to the system and make a major investment in sludge handling. The Ordinance was then 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 - Director 01 �Jlil Minutes July 6, 1993 Mason, Mayor Dailey, Directors Adcock, Priest, Roy, Sharp and Lewellen - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 8,940, adopted June 15, 1993, on the offering of up to $28,500,000 Sewer Refunding and Construction Revenue Bonds, Series 1993, and notice of hearing was duly published on June 18, 1993. Mayor Dailey declared the public hearing opened. There was no one present who wished to speak on the issue; therefore, Mayor Dailey declared the public hearing closed, and Resolution No. 8,948 was introduced, entitled: A RESOLUTION AUTHORIZING THE OFFERING OF UP TO $28,500,000 CITY OF LITTLE ROCK, ARKANSAS SEWER REFUNDING AND CONSTRUCTION REVENUE BONDS, SERIES 1993; AUTHORIZING THE REDEMPTION OF CITY OF LITTLE ROCK, ARKANSAS SEWER REVENUE BONDS, DATED FEBRUARY 1, 1966; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH; and the Resolution was read in full. (See Ordinance No. 16,456 above for related discussion.) There was a motion by Director Roy, seconded by Director Priest, to adopt the Resolution, and the Resolution was adopted by unanimous voice vote of the Board Members present. Consideration was then given to a proposed Ordinance, described as: AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REVISED CODE SECTION 32 -301 (1988) TO INCREASE THE PENALTIES FOR OVERTIME PARKING, PARKING IN AN ALLEY, AND FOR FAILURE TO TIMELY PAY SUCH FINES; AND FOR OTHER PURPOSES; (See Minutes of June 1, 1993, and June 15, 1993, for first and second readings of the Ordinance.) Mr. Stephen Chaffin, Director of the Downtown Partnership, and representing -= Metrocentre Improvement District No. 1, stated that a survey had been made of the 141 properties and the feedback received was that the proposed increase in the fine for overtime parking would be an extra burden they don't want, but did request increasing the enforcement. Mayor Dailey asked City Manager Charles Nickerson and City Attorney Tom Carpenter to investigate ways to provide effective enforcement to keep the turnover going on the parking meters. Mr. Joe Fox, owner of Community Bakery at 1200 Main Street, stated he had no argument against increasing the penalty for those that don't pay fines, but recommended reticketing those that have already received a ticket and charge $5.00 per time period. Following the lengthy discussion, Board Members generally agreed to leave the proposed Ordinance on the calendar for third and final reading on July 21, 1993, and to consider amending it to deal with increasing the fine for vehicles ticketed the second and third time at the same location. Therefore, the proposed Ordinance was left on the calendar for third and final reading on July 21, 1993. The next presentation was Resolution No. 8,949, with the title being: A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF DIRECTORS TO OPERATE THE MUNICIPAL LANDFILL IN A PRICE COMPETITIVE MANNER AND DIRECTING THE CITY MANAGER TO PURSUE SERVING THE COMMERCIAL FACILITIES WITHIN THE PULASKI COUNTY REGIONAL WASTE MANAGEMENT DISTRICT TO HANDLE THEIR WASTE IN A PRICE COMPETITIVE MANNER; and the Resolution was read in full. A motion was made by Director Lewellen to adopt the Resolution. The motion was seconded by Director Sharp, and the Resolution was adopted by unanimous voice vote of the Board Members present. 10 374 Item 21 on the Agenda was a proposed Ordinance entitled: "AN ORDINANCE RECONFIRMING THE GROUND LEASE AGREEMENT AMONG THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, THE LITTLE ROCK PORT AUTHORITY, AND USF YEAST COMPANY, AS LESSEE, AS AUTHORIZED IN ORDINANCE NO. 16,4261 PASSED MAY 26, 1993." At the request of City Attorney Tom Carpenter, the proposed Ordinance was deferred until July 21, 1993. Introduced next was Resolution No. 8,950, entitled: A RESOLUTION TO THE BOARD OF DIRECTORS OF THE LITTLE ROCK SCHOOL DISTRICT FROM THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, REQUESTING THAT THE SCHOOL DISTRICT PETITION THE UNITED STATES DISTRICT COURT IN LITTLE ROCK SCHOOL DISTRICT V. PULASKI COUNTY SPECIAL SCHOOL DISTRICT TO REVISE THE BOUNDARY LINES OF THE LITTLE ROCK SCHOOL DISTRICT TO INCLUDE ALL LANDS ANNEXED TO THE CITY OF LITTLE ROCK SINCE 1986; AND FOR OTHER PURPOSES. Director Priest explained that this Resolution would request that the school district petition the courts to make the school district boundaries co- terminus with the boundaries of the City of- Little Rock. There is now an inconsistency in the City's water and sewer policy in that one of the conditions for water and sewer service is that the applicant request to be annexed to the Little Rock School District, and since those boundaries are controlled by the Court, there is no way they can become a part of the Little Rock School District. Mr. Jim Lynch, 16 Lenon Drive, spoke in strong support of the Resolution. There was a lengthy discussion among Board Members in which Directors Sharp and Adcock expressed some concerns. Following the discussion, the Resolution was read in full. There was a motion and second by Directors Roy and Mason, respectively, that the Resolution be adopted, and the Resolution was adopted by the following roll call vote: Ayes - Director Mason, Mayor Dailey, Directors Priest, Roy, and Lewellen - total 5; Noes - Director Adcock - -- total 1; Abstentions - Director Sharp - total 1; Absent - None. (Directors Lewellen and Adcock were excused at 9:35 P.M.) The next presentation was Resolution No. 8,951, described as: A RESOLUTION OF INTENT BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, TO PURSUE ADOPTION OF THE STANDARDS OF THE FEDERAL COMMUNICATIONS COMMISSION FOR THE FRANCHISING AND OPERATION OF A CABLE TELEVISION FRANCHISE; TO PURSUE SOME RATE MAKING CERTIFICATION FOR CABLE TELEVISION RATES; DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE STEPS NECESSARY TO FULFILL THIS STATED INTENT; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. Just for clarification, Director Priest explained that the City is asking Storer Cable to abide by the new F.C.C. guidelines for consumer protection as set out in the Cable Reform Act of 1992 to protect the citizens of Little Rock to make sure they are getting the very best in customer services, and to give the City opportunity to look into certification for rate regulation for basic cable. Director Roy moved for the adoption of the Resolution, and the motion was seconded by Director Mason. The Resolution was unanimously adopted by the Board Members present, being five in number. (Directors Adcock and Lewellen were re- enrolled at 9:37.) 11 Y - #,r Minutes July 6, 1993 375 Consideration was then given to Resolution No. 8,952, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH STORER COMMUNICATIONS, INC., CONCERNING THE CITY'S RELEASE OF THE FINE ARTS ACCESS CHANNEL FOR THE BALANCE OF THE CURRENT CABLE TELEVISION FRANCHISE PERIOD, AND FOR OTHER PURPOSES. and there was a full reading of the Resolution. There was a motion by Director Sharp, seconded by Director Priest, to adopt the Resolution, and the Resolution was unanimously adopted by the Board Members present. Introduced next was Resolution No. 8,953, entitled: A RESOLUTION EXPRESSING THE DESIRE OF THE LITTLE ROCK BOARD OF DIRECTORS TO ENGAGE IN JOINT EFFORTS TO RESOLVE ISSUES OF MUTUAL CONCERN WITH ALL GOVERNING BODIES IN PULASKI COUNTY, ARKANSAS; AND FOR OTHER PURPOSES; and the Resolution was read in full. There was a motion by Director Mason, seconded by Director Roy, to adopt the Resolution, and the Resolution was unanimously adopted by the Board Members present. The next presentation was a proposed Ordinance entitled: AN ORDINANCE TO AMEND SECTION 14 -2 OF THE LITTLE ROCK, ARK. REVISED CODE OF ORDINANCES, CONCERNING THE REGULATION OF SMOKING IN PUBLIC PLACES. Following a brief discussion, there was a motion by Director Roy, seconded by Director Adcock, to table the Ordinance and deal with the smoking issue administratively. The motion was adopted by the following roll call vote: Ayes - Director Mason, Mayor Dailey, Directors Adcock, Roy, Sharp, and Lewellen - total 6; Noes - Director Priest - total 1. Therefore, the Ordinance was TABLED. Introduced next was Resolution No. 8,954, described as: A RESOLUTION OF INTENT CONCERNING THE POSITIONS TO BE ELECTED SHOULD THE CITY REORGANIZE THE MANAGER GOVERNMENT ON JULY 27, 1993; AND FOR OTHER PURPOSES. City Attorney Tom Carpenter presented an overview of the proposed seven wards and the various options concerning the positions to be elected should the reorganization of the City Manager form of government be approved at the special election to be held July 27, 1993. Mr. Carpenter stated that the option before the Board elects the Mayor in 1994, and explained that in the first election for Mayor, any sitting Director could run for Mayor without resigning; thereafter, any Board Member who wished to run for Mayor would have to resign as City Director in order to be a candidate for Mayor. Mr. Jim Lynch spoke briefly, stating the ward boundaries would be established by the Pulaski County Election Commission, and asked who would determine the four wards to be represented in the November, 1993 election. Mr. Carpenter responded that after the ward boundaries are established by the Election Commission, the Board of Directors will select the four wards. The Board of Directors discussed the various options and generally agreed on the option set forth in the proposed Resolution: (a) that in November, 1993, four new City Directors would be elected from wards and that three of those would represent Southwest Little Rock, the East end of Little Rock, and the inner City of Little Rock; (b) in November, 1994, in addition to the reelection of these four wards, two ward representatives and a directly elected Mayor shall be elected; (c) in November, 1996, three at -large positions and one ward position shall be 12 376 Minutes July 6, 1993 elected. There was a motion by Director Adcock, seconded by Director Roy, to adopt the Resolution, and the Resolution was adopted unanimously by the Board Members present. Director Priest referred to the question of compensation for Board Members, and Mayor Dailey encouraged the Board to discuss the issue informally and formally within the next two weeks. At 10:25 o'clock P.M. Mayor Dailey announced that the Board of Directors would recess to executive session in the Board's Conference Room for the purpose of considering appointments and reappointments to various Boards and Commissions. When the Board of Directors reconvened at 10:00 o'clock P.M. from executive session, Mayor Dailey presided and the following Directors were present: Directors Priest, Roy, Sharp, Lewellen, Mason and Adcock - total 6; Absent - None. Resolution No. 8,955 was then presented, with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE CENTRAL ARKANSAS TRANSIT AUTHORITY, HOUSING BOARD OF ADJUSTMENTS AND APPEALS, LITTLE ROCK PORT AUTHORITY, LITTLE ROCK SANITARY SEWER COMMITTEE, AND MOTION PICTURE AND TELEVISION COMMISSION; (CATA - Reappointed Douglas Hardin & Robert Scull, appointed Marsha Allen; Housing Bd. of Adjustment - reappointed Jim Harris, Walter Lloyd, Jr. and Ruthie Wrather; Port Authority - appointed Lee Frazier and Gary Barket; Sewer Committee - reappointed Henry C. Kelley, Jr. and Patrick D. Miller; Motion Picture & TV - reappointed Mark Abernathy, Dena Benafield, Ben Combs, Bob Ginnaven, Maurice Lewis, Judy Stoltz, appointed Bill Williamson and William DeLoney.) with the Resolution being read in its entirety. A motion was made by Director Adcock, seconded by Director Roy, that the Resolution be adopted. The Resolution was adopted unanimously by voice vote of the Board Members present. Mayor Dailey announced that the Board of Directors also discussed the City Manager position and reached a decision to hire Acting City Manager Charles Nickerson as City Manager at $93,000 annually with various benefits to be worked out. There was a motion by Director Adcock that Mr. Charles Nickerson be hired as City Manager at an annual salary of $93,000 with benefits. The motion was seconded by Director Roy, and adopted by unanimous voice vote of the Board Members present. There being no further business to be presented, the Board of Directors adjourned at 11:45 o'clock P.M., to meet again in regular session on Tuesday, July 20, 1993, at 6:00 o'clock P.M. ATTEST: a City Clerk Robbie Hancock APPROVED: M r Jim Dailey 13