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HomeMy WebLinkAbout09-07-93Note: The Board of Directors held a public hearing from 5:00 P.M. to 6:00 P.M. on the proposed salaries for City Directors. Note: The Board of Directors held a public hearing from 6:00 P.M. to 7:00 P.M. regarding water issues. (Also see Minutes of August 3, 1993.) Board of Directors Room Little Rock, Arkansas September 7, 1993 - 7:00 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 in attendance: 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 Director Roy, followed by the Pledge of Allegiance. Director Priest read a Proclamation proclaiming September 2, 1993, as Hampton Nichols Roy Day, and declaring the Mayor and City Directors as honorary godparents of Hampton Nichols Roy, the son of Michelle Nichols Roy and Dr. F. Hampton Roy (City Director Position 2). The Consent Agenda was presented, consisting of the following items: (a) Approval of the Minutes of the Board of Directors regular meeting held July 6, 1993. (Deferred.) (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of July, 1993. (c) The Little Rock Advertising and Promotion Commission Financial Statement for the years ended December 31, 1992 and 1991. (d) Resolution No. 8,980, entitled: A RESOLUTION AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY LAND TO THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION FOR PLACEMENT OF AN OUTER MARKER DEVISE; AND FOR OTHER PURPOSES. (Located at Ironton Cutoff Road & Arch Street Pike.) (e) Resolution No. 8,981, described as: A RESOLUTION TO AUTHORIZE THE MAYOR TO FILE F.C.C. FORM 328 "CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION" WITH THE FEDERAL COMMUNICATIONS COMMISSION ON SEPTEMBER , 1993; REQUIRING THE ADOPTION OF REGULATIONS CONSISTENT WITH F.C.C. REGULATIONS ADOPTED PURSUANT TO 47 U.S.C. SECTION 543(B) WITHIN 120 DAYS OF CERTIFICATION; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 1 405 r- 406 Minutes September 7, 1993 (f) Resolution No. 8,982, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE PORTIONS OF ALAMO CIRCLE, SHADECREST DRIVE, BRISTOL DRIVE, ALHAMBRA DRIVE AND CHENAL PARKWAY IN MONTCLAIR HEIGHTS SUBDIVISION (PART II) AND AUTUMNWOOD SUBDIVISION. (October 19, 1993.) (g) Resolution No. 8,983, entitled: A RESOLUTION SETTING THE DATE FOR HEARING ON A PETITION TO VACATE PUBLIC UTILITY AND DRAINAGE EASEMENTS IN MONTCLAIR HEIGHTS SUBDIVISION (PART II) AND AUTUMNWOOD SUBDIVISION, CITY OF LITTLE ROCK, ARKANSAS. (October 19, 1993.) (h) Resolution No. 8,984, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE RODGERS STREET, HENDERSON STREET, WILSON STREET AND ANGLIN STREET ABUTTING BLOCK 18 OF NEIMEYER GROVE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (PURSUANT TO A.C.A. SEC. 14- 54 -104.) (September 21, 1993.) (i) Resolution No. 8,985, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF TWO SIDE LOADING REFUSE PACKERS FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION. (White GMC - not to exceed $213,918.) (j) Resolution No. 8,986, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A WHEEL LOADER WITH BUCKET j FOR THE DEPARTMENT OF GENERAL SERVICES /FLEET SERVICES DIVISION. (Scott Truck & Tractor - not to exceed $90,350.) (k) Resolution No. 8,987, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE CONTRACTS FOR THE PURCHASE OF RIGHT -OF -WAY AND EASEMENTS FOR THE THIRD STREET BRIDGE REPLACEMENT PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS FOR THE PURCHASE OF PROPERTY; AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH CONDEMNATION PROCEDURES; AND FOR OTHER PURPOSES. (1) Resolution No. 8,988, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE CONTRACTS FOR THE PURCHASE OF RIGHT -OF -WAY AND EASEMENTS FOR THE YOUNG CREEK BRIDGE REPLACEMENT PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS FOR THE PURCHASE OF PROPERTY; AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH CONDEMNATION PROCEDURES; AND FOR OTHER PURPOSES. (m) Resolution No. 81989, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR LABORATORY ANALYSIS OF GROUNDWATER SAMPLES DRAWN FROM MONITORING WELLS AT THE NEW SOLID WASTE FACILITIES. (n) Resolution No. 8,990, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE DEMOLITION OF THE SECOND STREET BRIDGE. 2 Minutes September 7, 1993 (o) Resolution No. 8,991, with the title being: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUITCLAIM DEED CONVEYING THE CITY'S INTEREST IN PROPERTY LOCATED AT 609 EAST 17TH STREET TO WORTHEN NATIONAL BANK. (p) Resolution No. 8,992, entitled: A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON THE QUESTION OF THE ISSUANCE OF REFUNDING BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD. (VILLAGE GREEN APARTMENTS PROJECT.) (September 21, 1993.) (q) Resolution No. 8,993, described as: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUITCLAIM DEED CONVEYING THE CITY'S INTEREST IN PROPERTY LOCATED AT 8423 W. 36TH STREET TO STEVE CONE. Upon motion by Director Roy, seconded by Director Priest, which was 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 July 6, 1993, was deferred at the request of City Clerk Robbie Hancock; (b and c) The Comparative Statement of Income Account of the Municipal Water Works for the month of July, 1993, and the Little Rock Advertising and Promotion Commission Financial Statement for the years ended December 31, 1992 and 1991 were received and filed; and (d, e, f, g, h, i, j, k, 1, m, n, o and p) Resolutions No. 8,980, 8,981, 8,982, 8,983, 8,984, 8,985, 8,986, 8,987, 8,988, 8,989, 8,990, 8,991, 8,992, and 8,983 were read in full and unanimously adopted by the Board Members present. The Emergency Clause contained in Section 4 of Resolution No. 8,981 was read and adopted by the following roll call vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. No one was present to speak during the time allotted to Citizens Communication. Since the Board of Directors held a public hearing from 6:00 to 7:00 o'clock P.M. regarding water issues, Director Roy requested that related Agenda Items 13, 14 and 15 be considered at this time. (See Minutes of August 17, 1993.) Introduced first was Item 13 on the Agenda, a proposed Resolution entitled: A RESOLUTION ESTABLISHING A POLICY SUPPORTING QUALITY GROWTH IN THE CITY OF LITTLE ROCK; RESCINDING RESOLUTION NO. 7,893; AND FOR OTHER PURPOSES. Directors Lewellen and Priest were not ready to vote on the Resolution, stating there are too many unanswered questions and other issues to be addressed. Director Priest said there is a policy issue to be determined, whether the City of Little Rock will be a regional supplier or a regional system. Mr. Harold MacIntire, Mayor of Shannon Hills, responded to comments made by Director Priest by pointing out that state and federal governments have mandated regionalism. He said the request from Shannon Hills is somewhat different than Director Roy's proposal in that Shannon Hills had been approved by Little Rock Municipal Water Works some years ago but did not ratify the contract at that time because of difficulties. There was a lengthy discussion among Board Members, during which time Mr. Don Morrow, Manager of Little Rock Municipal Water Works, answered questions by the Board. Director Roy urged the Board to take action because the issue had been on the Agenda for a month and this is a regional issue. The proposed Resolution was then read in full, followed by a motion by Director Roy, seconded by Director Sharp, to adopt the Resolution. The Aye and No Vote taken on adoption of the Resolution is recorded as follows: Ayes - Directors Roy 3 40Y 408 Minutes September 7, 1993 and Sharp and Mayor Dailey - total 3; Noes - Directors Lewellen, Mason, Adcock and Priest - total 4. Whereupon, Mayor Dailey announced that the Resolution had FAILED. Consideration was then given to Agenda Item 14, Resolution No. 8,994, described as: A RESOLUTION DENYING THE REQUEST OF THE CITY OF NORTH LITTLE ROCK FOR APPROVAL TO EXTEND WATER SERVICE TO GRAND PRAIRIE; AND FOR OTHER PURPOSES; and the Resolution was read in full. There was a motion by Director Priest, seconded by Director Lewellen, to adopt the Resolution. The Aye and No Vote taken on adoption of the Resolution is recorded as follows: Ayes - Directors Lewellen, Mason, Adcock and Priest - total 4. Noes - Directors Roy and Sharp and Mayor Dailey - total 3; Whereupon, Mayor Dailey announced that the Resolution was ADOPTED. Introduced next was Agenda Item 15, a proposed Resolution entitled: A RESOLUTION DENYING THE REQUEST OF THE CITY OF SHANNON HILLS FOR WATER SERVICE FROM THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. (See Resolution No. 8,995 below.) and the Resolution was read. (See discussion related to Item 13 above.) There was a motion by Director Priest, seconded by Director Lewellen, to adopt the Resolution. Mayor Dailey stated that the City of Shannon Hills is an isolated area and it would be incomprehensible to deny water to that area. Mr. Harold MacIntire, Mayor of Shannon Hills, pointed out granting water to Shannon Hills will not allow uncontrolled growth because when Shannon Hills first entered into an agreement for water several years ago, Mr. Jim Lawson, Director of Neighborhoods & Planning, made sure that its requirements for planning, zoning and development are the same as the City of Little Rock. Following a lengthy discussion, City Attorney Tom Carpenter stated that if it is the intent of the Board to grant the request of Shannon Hills, then the joint city councils would need to work out a contract that sets the limits, terms, etc. The motion and second to adopt the Resolution were withdrawn by Directors Priest and Lewellen. City Attorney Tom Carpenter suggested that the Board of Directors go on to other items and allow him time to provide new language to grant water service to Shannon Hills. After the Resolution was revised by Mr. Carpenter, Director Adcock moved to amend the Resolution as recommended by City Attorney Tom Carpenter. The motion was seconded by Director Lewellen, and unanimously adopted by the Board Members present. Whereupon, Resolution No. 8,995, as amended, was then presented, with the title being: A RESOLUTION GRANTING THE REQUEST OF THE CITY OF SHANNON HILLS FOR WATER SERVICE FROM THE CITY OF LITTLE ROCK; TO DIRECT THE CITY ATTORNEY TO PREPARE APPROPRIATE CONTRACTS TO ACCOMPLISH THIS GRANT; AND FOR OTHER PURPOSES; and the Resolution was read in full. There was a motion by Director Adcock, seconded by Director Lewellen, to adopt the Resolution, as amended, and the Resolution was adopted unanimously by the Board Members present. (Note: Director Priest said she voted half & half.) The next presentation was Ordinance No. 16,480, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PCD" DISTRICT TITLED "KIRBY'S GRILL AND BAKERY SHORT -FORM PCD" (10,825 HERMITAGE ROAD) (Z- 3361 -A) 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. 4 Minutes September 7, 1993 and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon motion by Director Roy. Director Lewellen seconded the motion which 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 Sharp, seconded by Director Roy, 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 passage of the Ordinance is recorded as follows: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Ordinance No. 16,481 was the next presentation, with the title being: AN ORDINANCE OF INTENT CALLING FOR A REFERENDUM ON THE ANNEXATION OF APPROXIMATELY 6.43 SQUARE MILES AT THE NOVEMBER 16, 1993 SPECIAL ELECTION; AND FOR OTHER PURPOSES. and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon motion by Director Roy. Director Lewellen seconded the motion which 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 Sharp, seconded by Director Roy, 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 passage of the Ordinance is recorded as follows: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,482, described as: AN ORDINANCE ANNEXING TO THE CITY OF LITTLE ROCK, ARKANSAS, CERTAIN LANDS SITUATED IN PULASKI COUNTY, ARKANSAS, WHICH ARE CONTIGUOUS AND ADJACENT TO THE CITY OF LITTLE ROCK; AUTHORIZING AND DIRECTING THE SUBMISSION OF THE QUESTION OF SAID ANNEXATION TO THE QUALIFIED ELECTORS OF THE CITY OF LITTLE ROCK AND THE AREA TO BE ANNEXED AT THE SPECIAL ELECTION TO BE HELD NOVEMBER 16, 1993; DIRECTING THE CITY OFFICIALS TO TAKE ANY AND ALL OTHER ACTION NECESSARY TO ACCOMPLISH SAID ANNEXATION; PROVIDING A SCHEDULE OF SERVICES THAT WILL BE EXTENDED TO THE ANNEXED AREA WITHIN THREE (3) YEARS AFTER THE DATE THE ANNEXATION BECOMES FINAL; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Director Sharp had questions regarding the funding to provide services to these areas. Mayor Dailey noted that the College Station area had been deleted from the Ordinance and not many people are involved in the other areas, which are areas already surrounded by the City limits or are being annexed to square up the City boundaries and will not have any real cost implications. The rules were suspended and the Ordinance placed on second reading upon motion by Director Roy. Director Lewellen seconded the motion which 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 Sharp, seconded by Director Roy, to again suspend the rules and place the Ordinance 5 me 410 Minutes September 7, 1993 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 passage of the Ordinance is recorded as follows: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 7 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Introduced next was Ordinance No. 16,483, with the title being: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SUPERIOR TECH, INC. FOR THE PURCHASE OF DEBAGGING UNITS FOR THE PUBLIC WORKS DEPARTMENT; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon motion by Director Roy. Director Lewellen seconded the motion which 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 Sharp, seconded by Director Roy, 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 passage of the Ordinance is recorded as follows: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,484, described as: AN ORDINANCE TO AMEND CHAPTER 12 OF THE LITTLE ROCK, ARK. REV. CITY CODE OF ORDINANCES BY PROHIBITING IMPROPER HANDLING OF SMOKING MATERIALS. and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon motion by Director Roy. Director Lewellen seconded the motion which 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 Sharp, seconded by Director Roy, 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 passage of the Ordinance is recorded as follows: -'- Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor C Minutes September 7, 1993 Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. (Director Priest was excused at 8:45 o'clock P.M.) A public hearing had been set for this time and place by Resolution No. 8,970 on the petition filed by Mr. Roger Mears to vacate and close a portion of West Markham Street abutting Lot 1, Block 5, Union Depot Addition and part of Block 4, Worthen's Subdivision of the City of Little Rock, Arkansas and notice thereof was duly published in the Daily Record on August 24, 1993, and August 31, 1993. Attached to the Petition was a certified copy of the plat from the Pulaski County Circuit Clerk's Office and a letter from Standard Abstract and Title Company listing the last apparent owners of record of the abutting property. The street closure was approved by the Planning Commission on July 27, 1993. Mayor Dailey declared the public hearing open. There was no one present who wished to speak on the matter; therefore, Mayor Dailey declared the public hearing closed and Ordinance No. 16,485 was presented, entitled: AN ORDINANCE VACATING AND CLOSING A PORTION OF WEST MARKHAM STREET ABUTTING LOT 1, BLOCK 5, UNION DEPOT ADDITION OF LITTLE ROCK, ARKANSAS. and after the first reading of the Ordinance, 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 six in number and two - thirds or more of the members of the Board of Directors - elect, and a second reading of the Ordinance ensued. There was a subsequent motion by Director Lewellen, seconded by Director Adcock, to again suspended the rules and place the Ordinance on third and final reading. The motion was 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, and there was a third and last reading of the Ordinance, followed by an Aye and No Vote taken on passage of the Ordinance which resulted as follows: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, and Director Adcock - total 6; Noes - None; Absent - Director Priest - total 1. Whereupon, Mayor Dailey declared the Ordinance PASSED. A public hearing had been set for this time and place on the petition filed by Mr. Michael Durham to establish Lanehart Road Water Improvement District No. 142. Notice of hearing was duly published in the Daily Record on August 23, 1993, and August 30, 1993. Attached to the petition was a Certificate from Standard Abstract & Title Company, stating that the signers of the petition are owners of property within the proposed district, and that said signers constitute a majority of the owners of real property within the district and represent a majority in value of the assessed valuation within said district. Mayor Dailey declared the public hearing open. Mr. Michael Durham, attorney for the District, asked the Board of Directors to approve the establishment of the Water Improvement District. Mayor Dailey declared the public hearing closed, and Ordinance No. 16,486, was presented, described as: AN ORDINANCE ESTABLISHING LANEHART ROAD WATER IMPROVEMENT DISTRICT NO. 142; (Appointed Commissioners Tommy LeCroy, Ralph James, Jim Burks.) and after the first reading of the Ordinance, 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 six in number and two - thirds or more of the members of the Board of 7 411 412 Minutes September 7, 1993 Directors - elect, and a second reading of the Ordinance ensued. There was a subsequent motion by Director Lewellen, seconded by Director Adcock, to again suspended the rules and place the Ordinance on third and final reading. The motion was 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, and there was a third and last reading of the Ordinance, followed by an Aye and No Vote taken on passage of the Ordinance which resulted as follows: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, and Director Adcock - total 6; Noes - None; Absent - Director Priest - total 1. Whereupon, Mayor Dailey declared the Ordinance PASSED. Introduced next was Resolution No. 8,996, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A WRECKER FRANCHISE CONTRACT EXTENSION FOR AN ADDITIONAL TWO YEARS (OCTOBER 16, 1993 TO OCTOBER 15, 1995) WITH ROUTH WRECKER SERVICE; Mr. C. N. Pete Tracy, TREK Towing Service, Inc., asked the Board to place the wrecker service contract on public bid. (Director Priest re- enrolled at 8:52 o'clock P.M.) (Director Mason was excused at 9:02 o'clock P.M.) Mr. Nathaniel Hill, Director of the Department of General Services, stated there is no reason not to renew the contract with Routh Wrecker Service for another two years. Mr. Ron Routh, Routh Wrecker Service, asked the Board of Directors to continue the contract for two years. The Resolution was then read in full. There was a motion by Director Roy, seconded by Director Sharp, to adopt the Resolution, and the Resolution was adopted unanimously by the Board Members present. (Director Mason was re- enrolled at 9:07 o'clock P.M.) Consideration was then given to a proposed Ordinance described as: AN ORDINANCE TO ESTABLISH SALARIES FOR THE MAYOR AND MEMBERS OF THE BOARD OF DIRECTORS; AND FOR OTHER PURPOSES; Director Adcock had submitted a proposed Ordinance entitled AN ORDINANCE TO ESTABLISH SALARIES FOR THE MAYOR AND MEMBERS OF THE BOARD OF DIRECTORS; TO ESTABLISH THAT THE MAYOR AND MEMBERS OF THE BOARD OF DIRECTORS SHALL BE ELIGIBLE FOR OTHER CITY BENEFITS; AND FOR OTHER PURPOSES" in which Section 2 provided that "the Mayor and members of the Board of Directors shall be eligible to receive medical, health, dental, and visual insurance benefits, and shall be required to participate in the defined contribution retirement system, and shall be eligible for membership in the PEBSCO deferred compensation plan as available to nonuniform nonunion City personnel." (See Minutes of 8- 17 -93.) Before the Ordinance was read, Director Adcock asked that Section 2 be removed from the proposed Ordinance, that the Ordinance be read the first time only, and that a public hearing be scheduled for 5:00 P.M. on Tuesday, September 21, 1993 on the subject of Board salaries. The Ordinance was then read the first time only and remained on the calendar for second reading on Tuesday, September 21, 1993. The next presentation was Resolution No. 8,997, with the title being: A RESOLUTION CHANGING THE NAME OF THE NEIGHBORHOODS AND PLANNING BUILDING AT 723 WEST MARKHAM TO THE ROY G. BEARD, JR. BUILDING; AND FOR OTHER PURPOSES; 0 413 Minutes September 7, 1993 and the Resolution was read in full. There was a motion by Director Priest to adopt the Resolution. The motion was seconded by Director Mason and unanimously adopted by the Board Members present. Therefore, the Resolution was adopted. Introduced next was Ordinance No. 16,487, entitled: AN ORDINANCE TO GRANT TO THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS THE EXCLUSIVE FRANCHISE, RIGHT AND PRIVILEGE TO CONTROL, SUPERVISE AND OTHERWISE EXERCISE JURISDICTION OVER THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC PLACES NOW LAID OUT OR DEDICATED, AND ALL EXTENSIONS THEREOF, AND ADDITIONS THERETO, LYING WITHIN PROJECTS AND PROPERTIES OWNED AND OPERATED BY THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS; FOR AN EMERGENCY AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading by motion from Director Roy and second by Director Sharp. 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. A second reading of the Ordinance followed, with a motion being made by Director Sharp to again suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Mason 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 Ordinance was read the third and last time. The resulting Aye and No Vote taken on the question, Shall the Ordinance Pass, is herein recorded as follows: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call -- vote: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Consideration was then given to Ordinance No. 16,488, described as: AN ORDINANCE AMENDING SECTION 17 -100 OF THE LITTLE ROCK CITY CODE (1988) FOR THE PURPOSE OF REALIGNING THE MEMBERSHIP OF THE ADVERTISING AND PROMOTION COMMISSION IN ORDER TO COMPLY WITH ACT 364 OF 1993; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. At the request of Director Roy, City Attorney Tom Carpenter explained that state statute allows the City of Little Rock to levy an additional one percent (1%) sales tax on hotels, motels and restaurants (for a total of 3 %) but it also has some provisions concerning the alignment of the membership of the Advertising and Promotion Commission. Currently, the membership is made up of three members of the Board of Directors and four members representing the hotel, motel and restaurant industry. The realignment to comply with state statute will provide for four representatives of the industry, two members of the Board of Directors, and one at -large member. Consequently, one of the three members of the Board of Directors will serve only until May 1, 1994, at which time the at -large member will be appointed. The Ordinance was then read the first time. There was a motion by Director Lewellen, seconded by Director Mason, to suspend the rules and place the Ordinance on second reading, and 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. Whereupon, the Ordinance was read the second time, followed by a motion to suspend the rules and place the Ordinance on third and final reading. The motion was made by Director Priest, seconded by Director Mason, and unanimously 9 414 Minutes September 7, 1993 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 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 - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; 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 Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. The next presentation was Ordinance No. 16,489, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF LITTLE ROCK, ARKANSAS, OF NOT TO EXCEED $30,000,000 IN CAPITAL IMPROVEMENT BONDS UNDER AMENDMENT NO. 62 TO THE ARKANSAS CONSTITUTION FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING, AND EQUIPPING IMPROVEMENTS AND ADDITIONS TO THE CITY'S CONVENTION FACILITIES; LEVYING AN ADDITIONAL ONE PERCENT (1 %) TAX ON THE GROSS RECEIPTS OF HOTELS, MOTELS, RESTAURANTS, CAFES, AND CAFETERIAS IN THE CITY; CALLING A SPECIAL ELECTION ON THE QUESTION OF ISSUING SAID BONDS TO BE SECURED BY AND PAYABLE FROM THE PROCEEDS OF SAID TAX; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. (Calling a special election for October 19, 1993.) Ms. Jane Dickey, bond attorney for the Advertising and Promotion Commission, explained the proposal to levy an additional one cent sales tax for hotels, motels and restaurants and to set the date for a special election on October 19, 1993, on the question of issuing bonds for the purpose of acquiring, constructing, and equipping improvements and additions to the convention facilities. (The City now levies and collects a tax of two percent [2 %] pursuant to Ordinance No. 12,353 of May 4, 1970 and Ordinance No. 13,527 of November 7, 1978 - referred to as the "hamburger tax. ") Mr. wally Allen, Chairman of the Advertising & Promotion Commission, answered questions by Board Members. The Ordinance was then read the first time. There was a motion by Director Priest, seconded by Director Mason, 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 there was a second reading of the Ordinance. There was a subsequent motion by Director Lewellen, seconded by Director Sharp, to again suspend the rules and place the Ordinance on third and final 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. The Ordinance was read the third and last time, followed by an Aye and No Vote taken on passage of the Ordinance, with the results recorded as follows: Ayes - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - 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 - Directors Roy, Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock and Priest - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Dr. Dean Kumpuris, a member of the Future - Little Rock Steering Committee, made a brief report to the Board of Directors regarding the Convention Center expansion, the use of the Wallace Building for the Museum of Science and History, and the Future- 10 Minutes September 7, 1993 Little Rock budget recommendations for the one -half cent operating sales tax and the one cent sales tax for capital items. (Note: A special election has been set for December 14, 1993 on the proposed one half cent sales tax and one cent sales tax issues.) Introduced next was Resolution No. 8,988, with the title being: A RESOLUTION OF SUPPORT FOR EFFORTS TO RELOCATE A MEDICAL WASTE INCINERATOR ON DIXON ROAD TO AN AREA THAT WOULD OTHERWISE COMPLY WITH THE CITY'S MEDICAL WASTE FACILITY SITING ORDINANCE; DIRECTING THE CITY ATTORNEY TO COOPERATE WITH EFFORTS TO OPPOSE THE LOCATION OF THIS FACILITY; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. Director Priest moved for the adoption of the Resolution. Director Sharp seconded the motion which was unanimously adopted by the Board Members present. Whereupon, the Resolution was adopted. Consideration was then given to Resolution No. 8,999, entitled: A RESOLUTION ESTABLISHING A POLICY SUPPORTING REGIONAL COOPERATION AND REGIONAL ECONOMIC DEVELOPMENT EFFORTS; CONVENING A METROPOLITAN ECONOMIC DEVELOPMENT CONFERENCE; AND FOR OTHER PURPOSES; (Re: Quality Growth.) and the Resolution was read in full. There was a motion by Director Lewellen, seconded by Director Mason, to adopt the Resolution, and the Resolution was adopted by unanimous voice vote of the Board Members present. , The last presentation was Resolution No. 9,000, described as: A RESOLUTION AUTHORIZING THE CITY TO PLACE FOUR RESOURCE OFFICERS IN THE LITTLE ROCK SCHOOL DISTRICT; TO ACCEPT FUNDS FROM THE LITTLE ROCK SCHOOL DISTRICT TO PAY ONE -HALF OF THE SALARY EXPENSE OF THESE OFFICERS; TO DIRECT THE FINANCE DIRECTOR & TREASURER TO PLACE THESE PAYMENTS INTO THE APPROPRIATE ACCOUNT FOR THE POLICE BUDGET; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. There was a motion and second by Directors Lewellen and Adcock, respectively, to adopt the Resolution, and the Resolution was unanimously adopted by the Board Members present. Mayor Dailey announced that the Board of Directors would defer making appointments to fill vacancies on the various Boards and Commissions until September 21, 1993. There being no further business to be presented, the Board of Directors adjourned at 9:55 o'clock P.M. to meet again in regular session on Tuesday, September 21, 1993, at 6:00 o'clock P.M. ATTEST: ta e. CITY CLERK ROBBIE HANCOCK 11 APPROVED: YOR JIM DAILEY 415 �_1