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HomeMy WebLinkAbout06-21-94659' Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas June 21, 1994 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Lewellen, Mason, Adcock, Hendrix, Scheibner, Keck and Joyce - total 7; Absent - Directors Priest, Roy, and Sharp - total 3. 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 Keck due to the absence of Director Sharp, followed by the Pledge of Allegiance. Director Adcock presented a plaque to Mrs. Mabel Mitchell upon her retirement after 24 years of service with the East Little Rock Community Complex, now the Nathaniel Hill Community Complex. Mayor Dailey welcomed Boy Scout Troop No. 725, sponsored by Winfield United Methodist Church. (Director Roy enrolled at 6:10 o'clock P.M.) Consideration was then given to the Consent Agenda, which consisted of the following items: (a) Approval of the Minutes of the Board of Directors regular meeting held April 5, 1994. (b) The Firemen's Relief & Pension Fund Financial Statement for the years ended December 31, 1993 and 1992. (c) The Policemen's Pension & Relief Fund Financial Statement for the years ended December 31, 1993 and 1992. (d) The Municipal Judges Retirement Fund Financial Statement for the years ended December 31, 1993 and 1992. (e) The City of Little Rock Comprehensive Annual Financial Report for the fiscal year ended December 31, 1993. (f) A motion to set the date for public hearing on July 5, 1994 at 6:00 P.M. on a proposal to amend the CDBG program plans for FY 1993 and FY 1994. (g) Resolution No. 9,176, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD CONTRACTS FOR THE RENOVATION OF THE HOUSE AT 6008 DENHAM STREET, A CDBG SAV -A -HOME PROJECT; AND FOR THE CONSTRUCTION OF CDBG AFFORDABLE HOMES AT 1113 SOUTH PARK STREET AND 2016 WEST 18TH STREET FOR THE DEPARTMENT OF NEIGHBORHOODS AND PLANNING. (6008 Denham - Mid South Masonry - not to exceed $31,125; 1113 S. Park - John Wright Construction - not to exceed $45,730; 2016 W. 18th - John Wright Construction - not to exceed $45,730.) 1 • • Minutes June 21, 1994 (h) Resolution No. 9,177, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD AN ANNUAL CONTRACT FOR THE PURCHASE OF 9MM HANDGUNS AND ACCESSORIES FOR THE POLICE DEPARTMENT. (Clarksville Gun and Rod - estimated amount of $73,650.) (i) Resolution No. 9,178, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO LEND $110,000 HOME INVESTMENT PARTNERSHIP FUNDS TO GAINES STREET REDEVELOPMENT COMPANY TO ACQUIRE AND REHABILITATE THREE (3) SUBSTANDARD, UNOCCUPIED STRUCTURES IN THE 2300 BLOCK OF SOUTH GAINES STREET. (i) Resolution No. 9,179, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE XEROX CORPORATION TO LEASE A COPIER FOR THE PRINT SHOP FOR THIRTY -SIX (36) MONTHS. ($136,776) (j) Resolution No. 9,180, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT EXTENSION WITH ARKANSAS MUNICIPAL LEAGUE TO PROVIDE ADMINISTRATIVE SERVICES FOR THE CITY'S SELF - INSURED WORKERS' COMPENSATION PROGRAM FOR A SIX (6) MONTH PERIOD EFFECTIVE JULY 1, 1994. (k) Resolution No. 9,181, with the title being: A RESOLUTION SETTING JULY 6, 1994, AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE COMMUNITY'S NEEDS, AS REQUIRED FOR THE RENEWAL OF THE CABLE TELEVISION FRANCHISE WITH COMCAST; AND FOR OTHER PURPOSES. (See Riverside Cable TV or Storer Cable TV.) (1) Resolution No. 9,182, entitled: A RESOLUTION SUPPORTING PASSAGE OF A CRIME BILL BY THE UNITED STATES CONGRESS; OPPOSING THE CURRENT FORMULA USED FOR THE DISTRIBUTION OF LOCAL PARTNERSHIP ACT MONIES; ADVOCATING THE IMPLEMENTATION OF AN EQUITABLE FORMULA FOR DISTRIBUTION OF LOCAL PARTNERSHIP ACT MONIES; AND FOR OTHER PURPOSES. By a motion made by Director Lewellen and seconded by Director Scheibner, which was unanimously adopted, the Consent Agenda was dispensed with as follows: (a) The Minutes of the Board of Directors regular meeting held April 5, 1994, were approved as written and distributed to the Board of Directors; (b, c, d, and e) the Financial Statements of the Firemen's Relief & Pension Fund, the Policemen's Pension & Relief Fund, the Municipal Judges Retirement Fund and the City of Little Rock Comprehensive Annual Financial Report were received and filed; (f) the motion to set the public hearing date on July 5, 1994 on a proposal to amend the CDBG program plans for FY 1993 and 1994 was adopted; and (g, h, i, j, k, 1 and m) Resolutions 9,176, 9,177, 9,178, 9,179, 9,180, 9,181 and 9,182 were read in full and unanimously adopted. (Director sharp enrolled at 6:15 o'clock P.M.) At the time allotted for Citizen Communications, state Representative Phil Wyrick, 11101 Alexander Road, was the first speaker. (Before Representative Wyrick spoke, Mayor Dailey asked for a staff report on the Cloverdale drainage problem. Public Works Director Mike Batie stated that the Public Works Engineering crew has video taped the inside of the pipe. It is open and free flowing but 80% or more will need to be replaced. Staff is trying to get a preliminary proposal together to hire an outside engineering firm to do the design, and should have a cost estimate for the budget by the end of the year for a one -to -three 2 Minutes June 21, 1994 year project. Mayor Dailey advised Mr. Wyrick that when the staff report is received, Cloverdale leadership will be notified, and if they want to come to an Agenda Meeting, the Board could go through full dialogue and possibly place it on the Agenda at that time.) Mr. Wyrick then addressed the Board concerning the flooding in Southwest Little Rock around Baseline Road, more specifically in the Cloverdale Area. He said he appreciated the long range plans of the City, but there is a ditch behind the houses on Tulip Road that needs immediate attention. Debris washes down and makes a natural dam, causing the water to eat away at the back yards. The next speaker was Mrs. Lucy Reagan, 7508 Azalea. Mrs. Reagan said that when there is flooding at Chicot & Azalea, she and her neighbor can't flush their toilets for a whole day. She would appreciate something being done to alleviate that situation. Mr. Percy Brown, 6700 Hinkson Road, Vice President of the Cloverdale Neighborhood Association, also spoke on the subject of drainage in the Cloverdale area, stating that a conduit has collapsed in the area, which causes the water to back up. He thanked the City for any assistance and said Cloverdale residents are ready to work side by side with the City to alleviate this flooding situation. Mrs. Annie Abrams, 1925 Wolfe Street, addressed the Board of Directors on the subject of public expectation, trust and accountability from a historic standpoint. Mrs. Abrams urged Board Members to keep a historic record of their individual voting record on issues, because in this day of technology, people don't rely on human memory. You are each and collectively as a body, trying to win a war for this City that has been reinforced by a new creed: "I'M BIG ON LITTLE ROCK." But great generals know when they have to lose a battle to win the war. The best way to lose a war is to weave a trail of contradictions through your votes, particularly on issues that are mortgaged to public trust in the system of participatory democracy. The contradictions you give as a governmental group can be one of hope and commitment to public votes in one setting, and dashing a hope in another setting on the same issue. She cited particularly the half cent tax and the history it is weaving as it relates to issues of race relations, economic development, rehabilitation of housing stock. All of these are tied to a total picture. "You will pay a price if you weave a tapestry of contradictions in public issues. You must be accountable for your actions. I urge you to carefully examine your vote on issues as they reoccur before you and examine how you want history to record you." (Director Priest enrolled at 6:25 o'clock P.M.) The next speaker was Ms. Kathy Stapleton, 5206 N. Shobe Road, Alexander, AR. Ms. Stapleton asked the Board to grant permission for her to tie on to City water. She lives on the west side of Pulaski County in Saline County, and is in the process of opening a day care center, and is in desperate need of sanitary water for these children. She has lived there since 1972 and since then has carried water for her household. City water is just across the street from her. Mayor Dailey said it was doubtful that anything could be done because of the City's water policy, but that she should talk with City Manager Charles Nickerson. Director Roy said there is a committee for a five or six county area that is looking at the current water policy and the issues that are facing the Central Arkansas area and he hopes to have a proposal to present to the Board of Directors in the next few months that may clarify some of the problems like Mrs. Stapleton has. 3 X411? Minutes June 21, 1994 Mr. Robert "Say" McIntosh again addressed the Board of Directors regarding black on black crime. The last speaker under Citizen Communications was Mrs. Kathy Wells, representing the Downtown Neighborhood Association, who read a prepared statement on the subject of housing stock. She said library officials have acquired two houses next to Fletcher Library and are willing to give them to the City for relocation. She urged the Board to acquire the houses and establish them in the downtown neighborhood. Consideration was then given to Ordinance No. 16,696, 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 -5827 - To rezone 6.62 acres on Frazier Pike east of Riddick Street from 11R -2" Single- family District to 11I -2" Light Industrial District.) (NOTE: The Ordinance was read the first time on June 7, 1994 and left on the calendar at the request of Directors Hendrix and Adcock in order that the neighborhood might be notified. Mrs. Wilma Walker, President of the Progressive League in College Station, was not opposed to the rezoning but wanted to know about 11I -2" classification. See discussion on page 7 of the Minutes of June 7, 1994.) Director Hendrix stated a meeting has been set for July 11, 1994 to meet with the College Station Neighborhood, and asked that the Ordinance be deferred. Mr. Wingfield Martin, applicant, objected to the delay, stating that the Planning Commission requires 15 days notice and he gave 33 days written notice to everyone within 200 feet of the property. All requirements have been met. He talked to Mrs. Walker, but was never able to set up a meeting with her. Director Sharp urged the Board to move on with the Ordinance. In response to a question by Director Hendrix, Mr. Jim Lawson, Director of Neighborhoods and Planning, stated the majority of the land is zoned 11I -2" Light Industrial District with some homes in the area. From a design standpoint, if more than one building is placed on the property, there would be a site plan review. The issue before the Board is whether this property will remain 11R -2" Residential District or rezoned to 11I -2" Light Industrial District. The greenstrip and setbacks will be dealt with at the time of development. Director Adcock asked why is there not a transition zone between residential and industrial on this. Mr. Lawson said the majority of the area is industrial and the Land Use Plan shows this as industrial use and it is adjacent to the Port Industrial Park. The Ordinance was then read the second time, having been read the first time on June 7, 1994. There was a motion and second by Directors Keck and Scheibner, respectively, to suspend the rules and place the Ordinance on third and final reading. The motion was adopted by the following two thirds vote of the members of the Board of Directors - elect: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Scheibner, Keck, Joyce and Priest - total 8; Noes - Directors Adcock, Hendrix and Roy - total 3; Absent - None. The third and last reading of the Ordinance ensued, and a roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Scheibner, Keck, Joyce and Priest - total 8; Noes - Directors Adcock, Hendrix and Roy - total 3; Absent - None. Therefore, the Ordinance was declared PASSED. 4 J� � Minutes June 21, 1994 Introduced next was a proposed Ordinance titled: AN ORDINANCE TO AMEND THE CITY OF LITTLE ROCK PLANNING BOUNDARY; AND FOR OTHER PURPOSES; (To remove areas outside Pulaski County.) and the Ordinance was read Director Priest, seconded and place the Ordinance unanimously adopted by the number and two - thirds or Directors - elect, and the At the request of City At may impact the City's cc Ordinance was left on the July 5, 1994. as: the first time. There was a motion by by Director Roy, to suspend the rules on second reading. The motion was Board Members present, being eleven in more of the members of the Board of acond reading of the Ordinance ensued. torney Tom Carpenter, who stated this ztract with the City of Bryant, the ;alendar for third and final reading on The next presentation was Ordinance No. 16,697, described AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED PARKER CADILLAC BODY SHOP SHORT -FORM PCD (Z- 3606 -A) , AND LOCATED ON THE SOUTH SIDE OF RAINWOOD ROAD APPROXIMATELY 300 FEET WEST OF MERRILL DRIVE, 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. (Z- 3606 -A - Parker Cadillac Body Shop Short -Form PCD located on the south side of Rainwood Road approximately 300 feet west of Merrill Drive.) Mayor Dailey limited the presentations to allow 15 minutes for support to be presented and 15 minutes for opposition to be presented. The first speaker in support of the PCD was Mr. Dave Parker, part owner of Parker Cadillac, Parker Lexus and Saturn of Greater Little Rock. He asked the Board of Director's permission to build a paint and body repair facility on a piece of property zoned 11C -3" General Commercial District, to service all three dealerships. He showed a two minute video of how things have progressed in the body repair industry. He then reviewed some of the changes to the project which are a direct result of the neighbors concerns, as well as the desired changes requested by the City. The owners (1) will purchase the most sophisticated equipment to meet everyone's emission concerns; (2) will construct an 8 ft. decorative wood -brick fence; (3) will do with less front door parking; (4) will make the front drive smaller than preferred to prevent any unnecessary turn - arounds or unsafe two -way traffic; (5) will provide as much landscaping as necessary to please the neighbors; (6) will make sure the front door is always closed except when receiving a customer; (7) will provide low -level restrictive lighting that limits the amount of light spread at night; (8) have designed the building so that only one customer reception door faces the front; (9) will provide framed wooden gates that will close off the area at night; (10) landscaping will be maintained by a professional lawn service once a week; (11) noise level tests have been performed and noise levels are no greater than those produced by normal street traffic, and the new facility will be much quieter than the present facility; (12) this PCD is for the proposed use only, the Parker Body Shop use; (13) only finished vehicles will be parked at the southeast corner of the lot; (14) flood plain is not a viable point since we are not building in the flood plain; (15) this development will not affect property values. Mr. David Jones of Vogel Realty, representing the property owner, displayed a map of the area, and spoke in support of the PCD, stating the approach the applicant is taking will be much less intense and will be much less intrusive than other uses permitted in "C -4" zoning. Mr. Fred Moseley explained the architecture and 5 663' 1 HE Minutes June 21, 1994 landscaping. Mrs. Brenda Germann, #2 Wickford Lane, treasurer of Birkshire Homeowners Association, spoke in opposition to the PCD and showed a seven minute video. She stated that the majority of the homeowners were opposed to the PCD because of the intense use. Mr. Tom Sullivan, 30 Hampshire Circle in Birkshire Park Townhomes, speaking in opposition to the PCD, said the residents were very concerned about the impact of a body shop on the future of the neighborhood. Some of the neighborhood concerns are emissions, traffic patterns, no traffic lights at intersections, security in the neighborhood, changes in the character of the neighborhood, and the impact of a body shop on property values, etc. He concluded by urging the Board not to permit this kind of zoning change in the neighborhood. Mrs. Ruth Rent, 3 Wickford Lane, also spoke in opposition to the PCD. Mrs. Kent said her condominium is directly across the street from the proposed project, less than 100 feet from the front of where the proposed building will be. Mr. Sullivan responded to questions by the Board of Directors. At the request of Director Adcock, Mr. Jim Lawson, Director of Neighborhoods and Planning, explained why Staff recommended denial. He said a lot of the concerns have already been expressed. The pattern has been set in this area, more importantly, a pattern of mixed light commercial and office use. There is no heavy intense use, such as McDonald's, because of the street and traffic patterns in the area. What the Board has to deal with is what is the proper land use. Mr. Lawson responded to other questions by the Board of Directors. Mr. Parker also responded to questions by the Board. The Ordinance was then read the first time. There was a motion by Director Scheibner, seconded by Director Sharp, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being eleven 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 Adcock, seconded by Director Priest, 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 eleven 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. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Scheibner, Keck and Joyce - total 10; Noes - Director Hendrix - total 1; Absent - None. Therefore, the Ordinance was declared PASSED. At 8:00 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board of Directors reconvened at 8:12 o'clock P.M., Mayor Dailey presided and the following Directors were present: Directors Priest, Roy, Sharp, Mason, Scheibner, Keck and Joyce - total 7; Absent - Directors Lewellen, Adcock and Hendrix - total 3. Consideration was then given to Ordinance No. 16,698, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 16,309 AND 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; (2- 5631 -A - To rezone property in the Central High Neighborhood, described as Lots 8 -11 and 26 -29, Block 42 and Lots 8 and 9, Block 43 of Pasesh's Subdivision, from 11R -3" Single - family District to "C -3" General Commercial District.) and the Ordinance was read the first time. There was a motion by Director Priest, seconded by Director Roy, to suspend the rules and place the Ordinance on second reading. The Ordinance was unanimously adopted by the Board Members present, being eight in N. r> Minutes June 21, 1994 665' 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 Sharp, seconded by Director Priest, 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 eight 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. A roll call vote was taken on passage of the Ordinance with the results recorded as follows: Ayes - Directors Sharp, Mason, Mayor Dailey, Directors Scheibner, Keck, Joyce, Priest and Roy - total 8; Noes - None; Absent - Directors Lewellen, Adcock and Hendrix - total 3. Therefore, the Ordinance was declared PASSED. P.M.) (Directors Adcock and Lewellen enrolled at 8:15 o'clock Introduced next was Resolution No. 9,183, described as: A RESOLUTION TO REJECT ALL BIDS FOR A MUNICIPAL PARKING SERVICE; AND FOR OTHER PURPOSES. (Reject all bids and direct city Manager to develop new criteria for proposals.) (Director Hendrix was enrolled at 8:18 o'clock P.M.) Director Mason referred to a memorandum written by City Manager Charles Nickerson dated June 21, 1994, regarding privatization of parking meters and some points that were raised at the Agenda Meeting, and suggested that the Board of Directors reject all bids and ask the City Manager to restructure the bidding process. He encouraged the companies that participated in the bidding process to do so again. (Note: Allright's basic fee - $205,696, and net to the City - $606,659. Forsythe's basic fee - $958,596, and net to City - $494,351.) Mr. Jeff R. Duncan of Allright Parking and Mr. Hill Forsythe of Forsythe & Associates addressed the Board of Directors regarding the bidding process and their bids. Mr. Duncan said his company did not have anyone on his staff locally that had experience in privatization of parking meters, but did have someone in Seattle that had agreed to come down and set up the operation. He felt like the electronic meters were an unnecessary expense. He suggested the bid be awarded to Allright Parking, as recommended by Staff, then if their services were not satisfactory, the contract be terminated and the parking meter services be rebid. Mr. Forsythe supported the concept of rebidding, because the proposal process changed in the middle or appeared to change from a proposal where you select the most qualified firm then negotiate exclusively, to the concept of a low bid or lowest cost to the City. Therefore, he was concerned about the fairness of the evaluation. He said his firm would provide the greatest return to the City. Director Sharp asked if the bid process did change in mid - stream. City Attorney Tom Carpenter said that it did not. It may have changed in the way it was presented to the Board of Directors. Assistant Public Works Director Chandra Russell explained the proposals were submitted in two packets: (1) qualifications, and (2) proposal. The Committee first looked at the qualifications, then evaluated the proposals of those that met the qualifications. Director Mason questioned why the lowest bidder (the City of Little Rock) was not recommended. Ms. Russell stated the City's bid was $200 less than Allright, which was not enough to justify hiring additional staff, or reassigning police cadets to parking meters when crime is a top priority. City Manager Charles Nickerson said it was his decision to withdraw the City's bid, and urged the Board to consider the disparity in cost and revenue. Forsythe's bid is $752,900 higher and provides $112,300 less revenue than Allright's low bid. Ms. Russell then explained charts showing revenues and costs. Director Adcock referred to a letter from Judge Bill Watt which stated that on August 17, 1993, 7 OR Minutes June 21, 1994 an Ordinance ( #15,475) was passed that changed the revenue structure of parking fines, but to date that change has not been implemented, and asked if that was true. City Manager Charles Nickerson said he was puzzled as to why Judge Watt had not brought that to his attention sooner. Mr. Nickerson said he had talked to Chief Caudell, who was not aware of the change, but will implement it as soon as possible. Ms. Scotty Shively, 400 W. Capitol, addressed the Board regarding the difference between the low bid situation and the request for proposals. She referred to Little Rock City Code Section 2 -242 and 2 -243. In response to a statement by Director Sharp that the Board should be a part of setting the criteria, Director Priest cautioned the Board about getting involved in daily administration, stating that is in direct violation of what the Directors were elected to do, which is to set policy. She concluded by stating she did not believe the process was flawed and she could not support rejecting the bids. Following the lengthy discussion, the Resolution was read in full. There was a motion by Director Mason, seconded by Director Scheibner, to adopt the Resolution, and the Resolution was adopted by the following roll call vote: Ayes - Directors Sharp, Mason, Adcock, Hendrix, Scheibner, Keck, Joyce and Roy - total 8; Noes - Director Lewellen, Mayor Dailey, and Director Priest - total 3. The next presentation was Resolution No. 9,184, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT TO PROVIDE YARDWASTE PROCESSING AND COMPOSTING SERVICES TO THE CITY FOR SEVEN YEARS WITH INTERSTATE LANDSCAPING, INC. AND AMERICAN COMPOSTING, INC. (Approximately $351,000 annually.) The Resolution was read in full. Director Sharp said he could not support spending $300,000 a year for the next seven years for composting. He requested additional information and asked that the Resolution be deferred. City Manager Charles Nickerson stated that staff has provided the Board with information all along. The City is under a mandate to deal with yardwaste, and this is a part of the Pulaski County Regional Solid Waste Management District. Mr. Nickerson explained the rationale for privatization of yardwaste and composting, stating the City would have to buy the equipment for composting and he had concerns with the City's ability to market the compost. In response to a question by Director Sharp, Finance Director John Pryor stated there was money in the Bond issue for composting equipment, but the money has not been spent. It can be used for any other capital equipment needs for the entire solid waste system, but it cannot be used for service contracts. The 1994 Budget includes funds for staff and equipment for composting, which can be reallocated to the contract account. City Attorney Tom Carpenter advised the Board that there are two provisions in the contract that still need to be negotiated: (1) the contract does not deal with liability for environmental matters and environmental law violations, and (2) the indemnity clause needs to be reworked. (Director Priest was excused at 9:20 o'clock P.M.) There was a motion by Director Mason, seconded by Director Scheibner, to adopt the Resolution, and the Resolution was unanimously adopted by the Board Members present. Introduced next was Resolution No. 9,185 entitled: A RESOLUTION SUPPORTING THE CONCEPT OF THE CONSTRUCTION OF A COMMUNITY SCHOOL BY THE LITTLE ROCK SCHOOL DISTRICT, TO EXPLORE THE POSSIBILITIES OF COOPERATING WITH THE SCHOOL DISTRICT IN PLACING CITY PROGRAMS WITHIN THE SCHOOL; AND FOR OTHER PURPOSES; (On the site of the old Stephens School.) 8 Minutes June 21, 1994 and there wa motion and se to adopt the responded to specific has possibilities a job center enrolled at ! adopted. a full reading of the Resolution. There was a -ond by Directors Mason and Scheibner, respectively, Resolution. Assistant City Manager Brenda Donald questions by the Board, stating that nothing been worked out with the School District, but some are an alert center, a youth initiative program, or that would involve JTPA. (Director Priest was 1:33 o'clock P.M.) The Resolution was unanimously (Director Roy left the Board of Directors dais to speak as a citizen and owner of Kramer School, when consideration was given to Agenda Item #8.) Appearing on the Agenda as Item No. 8 was a proposed Ordinance entitled: "AN ORDINANCE CONDEMNING CERTAIN STRUCTURES IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;" which included structures at 715 Sherman (Kramer School), 615 East Capitol, 1416 Commerce, 815 S. Rock, 315 East 11th, and 1410 Commerce (front & read structure) . Director Adcock moved to consider each structure separately and distributed copies of the six proposed Ordinances. The motion was seconded by Director Priest. Following a brief discussion, there was a substitute motion by Director Keck, seconded by Director Joyce, to combine the structures at 1410 and 1416 Commerce Street in one Ordinance, since they have already received a Certificate of Appropriateness from the Historic District Commission. The motion was unanimously adopted. The vote was then taken on Director Adcock's motion to consider the structures in separate Ordinances, as amended by combining 1410 Commerce and 1416 Commerce in one Ordinance, and the motion was unanimously adopted. Therefore, no action was taken on the Ordinance as it appeared on the Agenda, and five (5) separate Ordinances were considered. Ordinance No. 16,699 was introduced, with the title being: AN ORDINANCE CONDEMNING 1416 COMMERCE AND 1410 COMMERCE (FRONT AND REAR STRUCTURES) IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;" Mr. James Allen, co -owner of the front and rear structures at 1410 Commerce, asked the Board of Directors to allow staff to work with him to rehabilitate the rear structure, which will cost approximately $2,000. He gave a brief history of events occurring since he purchased the property in 1991. The front structure was closed in a drug bust, then burned just before it was to be removed from the drug bust list, and he is trying to get an insurance settlement on that structure. He said the City can demolish the front structure and place a lien on his property which will be more valuable if he is allowed to rehab the rear structure. Mr. Jim Lawson, Director of Neighborhoods and Planning, stated that staff has no problem with Mr. Allen rehabilitating the property if he signs an affidavit stating he will repair the rear structure to meet all code requirements. Mr. Lawson recommended that the structure be condemned and a 120 day administrative waiver be granted, so that if Mr. Allen signs the affidavit within that time period, the rear structure will not be demolished. Mr. Allen agreed to sign the affidavit. Mrs. Kathy Wells, President of the Coalition of Little Rock Neighborhoods, read a prepared statement on the general policy question of demolition versus rehabilitation. She referred to Item (i) in the Consent Agenda (see Resolution No. 9,178) approving the loan of city funds to rehabilitate other condemned E 667' <7 AWIXOP Minutes June 21, 1994 houses, restoring them to usefulness. She said the Coalition of Little Rock Neighborhoods urged the Board of Directors to reject the proposed demolitions and instead move to secure the buildings and work for their rehabilitation. The Ordinance was then 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 ten in number (and one present but not voting), and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance followed by a subsequent motion to again suspend the rules and place the Ordinance on third and final reading. The motion was made by Director Keck, seconded by Director Adcock, and unanimously adopted by the Board Members present being ten in number (and one present but not voting) , and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce and Priest - total 10; Noes - None; Present but not voting - Director Roy - total 1; Absent - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck, Joyce and Priest - total 10; Noes - None; Present but not voting - Director Roy - total 1; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Consideration was then given to a proposed Ordinance entitled: AN ORDINANCE CONDEMNING 815 SOUTH ROCK IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. There was a motion by Director Lewellen, seconded by Director Hendrix, to table the Ordinance. The motion was adopted by the following roll call vote: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Hendrix, Scheibner and Priest - total 7; Noes - Directors Adcock, Keck and Joyce - total 3; Present and not voting - Director Roy - total 1; Absent - None. Therefore, the Ordinance was TABLED. Introduced next was a proposed Ordinance with the title being: AN ORDINANCE CONDEMNING 315 EAST 11TH IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. There was a motion by Director Lewellen, seconded by Director Sharp, to table the Ordinance. The motion was adopted by the following roll call vote: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck Joyce and Priest - total 10; Noes - None; Present and not voting - Director Roy - total 1; Absent - None. Therefore, the Ordinance was TABLED. 10 a' i Minutes June 21, 1994 The next presentation was a proposed Ordinance described as: AN ORDINANCE CONDEMNING 715 SHERMAN IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. (Kramer School) There was a motion by Director Lewellen, seconded by Director Hendrix, to table the Ordinance. The motion was adopted by the following roll call vote: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Joyce and Priest - total 9; Noes - Director Keck - total 1; Present and not voting - Director Roy - total 1; Absent - None. Therefore, the Ordinance was TABLED. Consideration was then given to a proposed Ordinance entitled: AN ORDINANCE CONDEMNING 615 EAST CAPITOL IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; PROVIDING FOR SUMMARY ABATEMENT PROCEDURES; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. There was a motion by Director Lewellen, seconded by Director Hendrix, to table the Ordinance. The motion was adopted by the following roll call vote: Ayes - Directors Sharp, Lewellen, Mason, Mayor Dailey, Directors Adcock, Hendrix, Scheibner, Keck Joyce and Priest - total 10; Noes - None; Present and not voting - Director Roy - total 1; Absent - None. Therefore, the Ordinance was TABLED. Appearing on the Agenda as Item No. 9 was a proposed Ordinance entitled: "AN ORDINANCE TO ESTABLISH MINIMUM MAINTENANCE REQUIREMENTS FOR BUILDINGS AND STRUCTURES WITHIN AN OFFICIALLY DESIGNATED HISTORIC DISTRICT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES," which had been tabled on March 30, 1994. Director Adcock requested that the Ordinance be deferred until July 5, 1994, to give the Committee time to review the draft Ordinance she had received from the City Attorney. Mayor Dailey advised those in attendance for this item that it would be placed first on the Agenda for the July 5, 1994 meeting, but it will require adoption of a motion to bring it to the table for consideration. (Director Roy returned to the Board of Directors dais at 10:23 o'clock P.M.) Director Roy introduced Mr. Dave Wilkins who owns the hotel property (located on Ferry Street) across the street from the rear of Kramer School. Mr. Wilkins came from Monticello, Arkansas, and had been waiting over four hours to present letters from individuals from Delta and other businesses that found Kramer School objectionable, but due to the legislative action taken by the Board of Directors, he was not given the opportunity to address the Board. The last item on the Agenda was entitled: "AN ORDINANCE ESTABLISHING CULTURAL DIVERSITY COMMISSION FOR THE SPECIFYING THE NUMBER OF MEMBERS AND THE SPECIFYING THE DUTIES OF THE COMMISSION; I which was deferred. 11 a proposed Ordinance A RACE RELATIONS AND CITY OF LITTLE ROCK; MANNER OF APPOINTMENT; ,ND FOR OTHER PURPOSES," e e 670 Minutes June 21, 1994 There being no further business to be presented, the Board of Directors adjourned at 10:25 o'clock P.M. to meet again in regular session on Tuesday, July 5, 1994, at 6:00 o'clock P.M. ATTEST: ` Aata ci, City Clerk Robbie Hancock 12 IL APPROVED: ayor Jim Dailey �y