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12-07-04Little Rock Board of Directors Meeting Minutes December 7, 2004 6:00 PM MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham December 7, 2004 • 11 'U The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. City Clerk, Nancy Wood called the roll with the following Directors Present: Hurst, Cazort, Keck, Wyrick, Kumpuris, Graves, Vice Mayor Hinton, and Mayor Dailey. Director Kumpuris was not present at roll call but enrolled at 6:55PM. Director Keck gave the invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications: ADDITIONS: M -1. RESOLUTION NO. 11,869 - Authorizing the City Manager to enter into a contract with Carson and Associates, Inc. for the completion of the Rebsamen Golf Pro Shop re- roofing project. 2004 Bond Project. Synopsis: Authorizing the City Manger to enter into a contract with Carson and Associates, Inc. for the re- roofing of Rebsamen Golf Pro Shop in the amount of 592,250. M -2. RESOLUTION NO. 11,870 - To authorize the Mayor and the 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 of Little Rock, located in Section 16 Township 1 South Range 13 West, Pulaski County, Arkansas; and for other purposes. Synopsis: Unsewered Area 26, Phase 1, vicinity of Alexander Road and Meyer Road, in the City of Little Rock, Arkansas. The purpose of the easement is to permit Little Rock Wastewater Utility to construct and maintain a new sewer line in the referenced area. M -3. RESOLUTION NO. 11,871 - To appoint T.T. Tyler Thompson to CALS Board of Trustees to fill the vacancy of James M. McHaney, Jr., whose term expires on December 31, 2004. The initial term will run for three years. (January 1, 2005 to December 31, 2007). DEFERRAL 13. ORDINANCE - Applicant /Staff Request - Defer to December 21, 2004 - Z- 6973 -B — Reclassifying property located on the southwest corner of Colonel Glenn and David O. Dodd Roads in the City of Little Rock, Arkansas, amending the official zoning map of the City of Little Rock; and for other purposes. (Planning Commission: 9 yes, 0 no, 2 absent). Staff recommends approval. Synopsis: Colonel Glenn Partners, LLC, owner of the 1.08 acre tract at Little Rock Board of Directors Meeting Minutes December 7, 2004 6:00 PM the southwest corner of Colonel Glenn and David O. Dodd Roads is requesting that the zoning be reclassified from R -2 to C -3. 8. RESOLUTION - Deferred to 12/21/04 - To change the number of City of Little Rock Ordinance No. 19,232 (11/01/04) to Ordinance No. 19,232 -A; and for other purposes. Synopsis: This ordinance was to establish and lay off the City of Little Rock Municipal Property's Owners' Multipurpose Improvement District No. 21 (Bella Rosa Project) was given a duplicate number. It was determined that the item should be an ordinance. Director Cazort moved to add Items 1, 2 and 3 to the Consent Agenda, that Item 8 and Item 13 be deferred. Director Adcock seconded the motion. Director Wyrick announced that she needed to recuse on Item M -2, that she lived on Alexander Road. By unanimous voice vote of the Board members present, being two - thirds in number, the modifications were made. PRESENTATIONS: The Medical Mile — Arkansas River Trail (December 7, 2004) CONSENT AGENDA (1 -12) 1. MOTION - To approve minutes from the regular Board of Directors Meeting: September 7, 2004, September 21, 2004 and Reconvened Meeting: September 14, 2004. 2. RESOLUTION 11,872 - Adopting the National Incident Management System for all emergency responses. Synopsis: This resolution will adopt the National system established by the United States Department of Homeland Security for emergency response to all incidents. 3. RESOLUTION 11,873 - Appointing Bernard E. "Bek" Kaiser as a Commissioner of Kanis Municipal Improvement District #10. Synopsis: The vacancy exists by virtue of the resignation of Mr. Michael Loveless, Commissioner 4. RESOLUTION 11,874 - Authorizing the use of eminent domain on the 401h Street Project. (Katherine to Potter Street). 2004 Bond Project. 5. RESOLUTION 11,875 - Authorizing the purchase of complete Fuel Management System to be utilized by the Fleet Services Department. 6. RESOLUTION 11,876 - Authorizing replacement vehicles for various Departments within City government. 7. RESOLUTION 11,877 - To appoint Joyce Elliott to CALS Board of Trustees to fill the vacancy of J. J. Lacey, whose term expires December 31, 2004. The initial appointment term will run for three years, January 1, 2005 to December 31, 2007. 2 Little Rock Board of Directors Meeting Minutes December 7, 2004 6:00 PM 8. RESOLUTION - Deferred to 12/21/04 - To change the number of City of Little Rock Ordinance No. 19,232 (11/01/04) to Ordinance No. 19,232 -A; and for other purposes. Synopsis: This ordinance was to establish and lay off the City of Little Rock Municipal Property's Owners' Multipurpose Improvement District No. 21 (Bella Rosa Project) was given a duplicate number. 9. RESOLUTION 11,878 - Of support for the Arkansas Travelers Organization and support for the continued use and /or redevelopment for Ray Winder Field; and other matters. 10. RESOLUTION 11,879 - Renewal of taxicab permits for Greater Little Rock Transportation Service, LLC (GLRTS): operating Black and White Cab, Capitol Cab, Veterans Cab and Yellow Cab companies. Synopsis: The Department of Fleet Services is in the process of renewing taxicab operator permits from January 1, 2005 to December 31, 2005. The Company requesting renewal is Greater Little Rock Transportation Service; LLC, (GLRTS); operating Black and White Cab, Capitol Cab, Veterans Cab and Yellow Cab. Greater Little Rock Transportation is requesting 225 permits. 11. RESOLUTION 11,880 - Authorizing the City Manager to enter into a contract with the Trust for Public Land (PTL) to purchase abandoned railroad right -of -way for the Arkansas River Trail; and for other purposes. Synopsis: Little Rock Parks and Recreation has worked for several years to design, build and fund a pedestrian trail between the River market and Pinnacle Mountain State Park. Union Pacific Railroad owns part of the identified route. The resolution authorizes the City Manager to begin acquiring these sections. 12. RESOLUTION 11,881 - To amend Little Rock, Arkansas Resolution No. 11,827 to extend the contract term with Recovery Centers of Arkansas, Inc. from September 30, 2005, to the end of the Calendar Year, 2005. Authorizing a contract extension with Recovery Centers of Arkansas, Inc. for Adolescent Substance Abuse Treatment for the Little Rock community through December 31, 2005. The Consent Agenda, consisting of Items 1 -12 and Item M -1 — M -3, was read. Director Adcock, seconded by Director Hurst made a motion to adopt the consent agenda. By majority voice vote of the Board members present, the Consent Agenda was adopted. Director Wyrick recused on Item 2. CITIZENS COMMUNICATIONS Speaker: Jim Lynch Topic: 2005 City Budget Speaker: Leta Anthony Topic: Racial Cultural Diversity Commission Program Coordinator 3 Little Rock Board of Directors Meeting Minutes December 7, 2004 6:00 PM Speaker: Helen Schaefer Topic: Property Owner Rights/Homelessness Speaker: Glen Schwartz Topic: Marijuana Law Enforcement Speaker: Isador Caldwell Topic: Neighborhood Issues such as traffic, crime, protecting senior citizens. Speaker: Troy Laha Topic: Thanks to city staff, and color guard 489th engineer battalion, police and fire departments for help and participation in the Southwest Little rock Christmas Parade GROUPED ITEMS: Items 13 -14 13. ORDINANCE - Deferred to 12121104 - Z- 6973 -B — Reclassifying property located on the southwest corner of Colonel Glenn and David O. Dodd Roads in the City of Little Rock, Arkansas, amending the official zoning map of the City of Little Rock; and for other purposes. (Planning Commission: 9 yes, Ono, 2 absent). Staff recommends approval. Synopsis: Colonel Glenn Partners, LLC, owner of the 1.08 acre tract at the southwest corner of Colonel Glenn and David O. Dodd Roads is requesting that the zoning be reclassified from R -2 to C -3. 14. ORDINANCE 19,240 - Waiving competitive bids and authorizing the City Manager to enter into a contract with Motorola for the purchase of equipment and services in the amount of $937,357,185, as a sole source provider of equipment for the City's 800 MHZ Radio System; and for other purposes. 2004 Bond Project. Synopsis: The Police Department is requesting approval to waive competitive bidding and award a sole source contract to Motorola, Inc., for radio system improvements in the amount of $8,900,000., plus $457,185., in projected sales taxes for a total cost of $9,357,185. The ordinance was read the first time. Director Adcock, seconded by Director Hurst made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended to provide for the second reading. The ordinance was read the second time. Director Adcock, seconded by Director Cazort made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended to provide for the third reading. The ordinance was read the third time. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinance passed. Little Rock Board of Directors Meeting Minutes December 7, 2004 6:00 PM SEPARATE ITEMS: Items 15 -25 15. ORDINANCE 19,241 - Z -7722 — Approving a planned zoning development and establishing a planned residential district titled Lagniappe Addition Short -Form PD -R located on the northwest corner of Walnut and "I" Streets, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 8 yes, 0 no, 2 absent, I abstention). Staff recommends approval. Synopsis: The applicant proposes the rezoning of the site from R -2 to PDR to allow the development of four single - family lots on this 1.0 acre site. 16. ORDINANCE 19,242 - S -1465 — Granting variances from various Lot Development Standards of Chapter 31 of the Code of Ordinances of the City of Little Rock, Arkansas; providing for variances to allow for the development of a pipe stem lot and to allow a reduced building line for the Lagniappe Addition Preliminary Plat, located on the northwest corner of Walnut and "I" Streets. Planning Commission: 8 yes, 0 no, 1 abstention, 2 absent). Staff recommends approval. Synopsis: The applicant is requesting a variance from the Subdivision Ordinance to allow the development of pipe stem lots (Lots 3 and 4) and to allow a reduced building line (Lots 1 and 2). The ordinances (Items 15 and 16) were read the first time. Mr. Bill Rector spoke in favor of the development saying it was an infill project rather than sprawl, and urged support of the Board. Greer Sullivan spoke in favor of the development, and said the group had been very responsive to the neighborhood, and especially to her needs, as she was located right next to the development. Kathy Pursell, a member of Lagniappe Developers Group, stated she believed she had met or spoken with each member of the Board multiple times. She stated they (developers) looked at the property several times before making any offers, contacted the City Attorney, Cindy Dawson, who told them there was then and is now, no reason this property could not be developed and they have pursued the development. The property was marketed for development, and the house was priced in such a way that for this neighborhood restoration was not somethingthat could be done for the price you had to pay for the property and the price to boost the infrastructure of the house. The issue is a PRD to replat this property from 6 lots to 4 lots. She stated the original plan did not look like the one presented tonight, she said they have tried hard to work with the neighbors and the Hillcrest Residents Association. They began discussing the plan with the neighbors adjacent to the property as they were the most affected. She stated they met with them several time over a period of weeks and it has turned into months. The first plan was rejected by the neighbors as to dense, and the PRD was revised from 5 homes to 4 homes, agreed to limit the roof heights on the second stories, expanded efforts to meet with all the neighbors to hear their concerns, and the president of the HRA, who stated they would not make a recommendation because they had not had an opportunity to meet. The developer agreed to defer their meeting at the Planning Commission, to give them the opportunity to discuss the 5 Little Rock Board of Directors Meeting Minutes December 7, 2004 6:00 PM issues. Ms. Pursell stated they presented their proposal to the HRA at their next meeting on Oct. 11, 2004, and they voted to oppose the PRD because of the major concern of square footage. She said the developer has made many changes, they have made many concessions, and done everything they know they can possibly do including the last change, two weeks ago, which was to move the drive to the east side of the property. She said they were told after making that change that they would get the support of the HRA, and her understanding is that Tony Woodell, the President of the HRA is here to address that. Ms. Pursell asked the Board for support. Ms. Carol Ramsey, spoke in opposition to the development, saying they have a petition of 800 signatures of Hillcrest residents, in opposition, and 70 e -mail copies that were sent to the Planning Commission that were in opposition. Ms. Ramsey presented the petitions to Mayor Dailey. She said they are concerned about the stress on the streets, encroachment in the neighborhood, and traffic problems, damage to Allsop Park by runoff, and that others have offered to restore and preserve the structure. She stated there have been offers to buy -out the developers at a profit, but they have not accepted. Many people in the neighborhood do not want the old house torn down which was built in 1916. Director Hurst asked Mr. Tony Woodell, President of the Hillcrest Residents Association, to describe their meeting they held last night and the position they had decided to take. Mr. Woodell answered they have in the past taken strong stands against any kind of major development through their neighborhood. The initial discussion that occurred before the Planning Commission revolved around the un- amended version of this plan. When that version was going before the Planning Commission and also coming before the Board of Directors, the NRA said they would oppose it for various reasons. Number one being based on a document that they city and the NRA agreed to in 1997, called the Hillcrest Neighborhood Plan. They took the priorities listed there and dealt with those priorities which include normal size houses on normal size lots, the fact they would be losing trees, and losing green space and the demolition of the house on the property. Since that time, they have worked with the developers and talked to them repeatedly about what the plans were for development and could those plans be altered. The developers worked collectively to develop the plan that is now before the Board. In the negotiations, the thought process was whether or not they could support something that was not in keeping with what that Neighborhood Plan initially stated. The decision was made last night after a long discussion to not oppose the development. There were eight members of the NRA present, and the vote was 7 to 1 in favor of it, and the 1 who did not vote for it went on record as not opposing, but also not supporting this plan. Director Cazort stated for the eight years he has been on the Board, that to his knowledge or recollection, this is the first time a development that came to the Board and asked for a less intensive use than was authorized, that had opposition. He said he felt it was a good project, it is a good infill development, less intense than is allowed by right, and he would be supporting the development, and made separate motions to suspend the rules and place the ordinances on second and third reading, Director Keck seconded the motions, and by voice vote of the Board members present being two - thirds in number, the rules were suspended to provide for the second and third readings. The ordinances were read the second and third time. By majority voice vote of the Board members present, being two thirds in number, the two ordinances were passed. Director Adcock voted no on Item 15 and Item 16. Directors Pugh and Stewart were absent. on Little Rock Board of Directors Meeting Minutes December 7, 2004 6:00 PM Director Keck requested that if there was no one present to speak on Items 17, 18, and 19 to group those items. Mayor Dailey asked if anyone was present to speak on any of the items. No one was present. Mayor Dailey opened the public hearing on Item 19, and read the ordinance. Mayor Dailey asked if anyone was present to voice opposition or favor. There was none. Mayor Dailey closed the public hearing. 17. ORDINANCE 19,243 - LU- 04- 21 -01— To amend the land use plan (16,222) in the Burlingame Valley Planning District from single family to neighborhood commercial; and for other purposes. (Planning Commission: 9 yes, 0 no, 2 absent). Staff recommends approval. The ordinance was read the first time. 18. ORDINANCE 19,244 - Z -7729 — Reclassifying property located at 18303 Denny Road and 18900/18904 Kanis Road in the City of Little Rock, Arkansas, amending the official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 9 yes, 0 no, 2 absent). Staff recommends approval. Synopsis: John Sewall, owner of the 2.2 acre property at 1830' ) Denny Road and 18900/18904 Kanis Road, is requesting that the zoning be reclassified from R -2 to C -1. 19. PUBLIC HEARING & ORDINANCE 19,245 - G -23 -340 - To abandon a portion of Gaines Street located between West 4th Street and Capitol Avenue; and for other purposes. (Planning Commission: 9 yes, Ono, 2 absent). Staff recommends approval. Synopsis: The United States Government, General Services Administration, requests to abandon the one block section of the 60 foot wide Gaines Street right -of -way between West 4th Street and Capitol Avenue. The ordinances (Items 17, 18, 19) were read the first time. Mayor Dailey asked if there were any issues to be dealt with concerning Item 23. Mr. Carpenter stated as far as he knew this was ready to be acted upon. Mayor Dailey asked for Item 23 to be included in grouped items and asked the Clerk to read it the first time. Item 23 was read the first time. Director Adcock, in separate motions, seconded by Director Cazort, motioned to suspend the rules and place the items (Items 17, 18, 19, and 23) on second and third readings. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended to provide for the second and third readings. The ordinances were read the second and third times. By unanimous voice vote of the Board members present, being two thirds in number, the ordinances were passed. 20. PUBLIC HEARING AND RESOLUTION — Failed - Z -7672 — To rescind the Little Rock Planning Commission's action in denying a special use permit for a day care family home located at 8701 Verbena Drive. (Planning Commission: 4 yes, 6 no, I absent. Staff recommends denial of the special use permit). Director Cazort asked if this was the item that was dealt with just recently. City Manager, Bruce Moore answered that it was. He sated this VA Little Rock Board of Directors Meeting Minutes December 7, 2004 6:00 PM was the item the Board has asked to reconsider. Vice Mayor Hinton had asked that his vote be reconsidered. Director Cazort stated he had forgotten what the basis was for reconsidering, and asked Vice Mayor Hinton if he would explain. Vice Mayor Hinton explained that he had several communications with neighborhood associations and people in the city who had stated that the Board had established a policy and had gone against their own policy, and thought if the Board established that policy, the Board needed to support it. Director Cazort asked if the question was whether or not the business operator was actually residing in this house. Vice Mayor Hinton stated the distance requirement was his concern. Herb Dicker, President Elect of Neighborhood Connections, Secretary of Southwest UPS, and President of the Meadowcliff Neighborhood Association, spoke in opposition to the special use permit. He stated Southwest UPS is against the special use permit, that the ordinance states there should be a 300 foot interval between day care centers. The address involved in this application is 65 feet from another day care. Troy Laha, Vice President of Cloverdale Neighborhood Association, and Vice President of Southwest Little Rock United for Progress, stated both organizations are opposed to this childcare family home, and that the land use plan for this area shows it all to be residential, with no commercial in the area at all. He asked the Board to leave the neighborhood purely residential. Mr. Laha said he has a list from Beach Abstract showing all the people who own property within two hundred feet of this property and there are three addresses listed that were not notified. He said he did not think it was a requirement to notify, but the applicant had certified that she had notified them. He asked the Board to disallow the day care family home at this location. Edna Schoemaker, Cloverdale resident, saying Cloverdale was established as a residential neighborhood only and it was their desire to remain that way. They believe that allowing businesses to operate within the neighborhood diminishes the quality of the neighborhood. She asked the Board to deny the special use permit. Ruth Bell, League of Women Voters of Pulaski County, stated she was usually supportive of day care homes; however, the League could not support his particular application because it does not meet the ordinance requirements. The specific requirement, the distance of 300 feet apart, was one of the package of the amendments to the ordinance the Board approved less than a year ago. Ms. Bell asked the Board to support their ordinance and turn down the application. Director Cazort asked Mr. Tony Bozynski, Planning and Development Director, if this day care was within 300 feet of an existing day care. Mr. Bozynski stated it was. There is a licensed day care on Oman Road which is to the east of this location. Director Cazort asked if this day care was open and in operation before this home day care was. Mr. Bozynski answered it was, it was outside the city and came in as a non - conforming use, and was converted to day care. Director Cazort stated he did not remember discussing this part of the application. Director Graves stated she thought the clarification was how long the applicant has had her day care business versus the time the ordinance was amended, and was she grandfathered in, and thought this was where there was disagreement among the Board. She then asked how long the applicant had been in business and what was the date of the ordinance. Mr. Bozynski stated the ordinance was in February of 2004, and the applicant has been in business for over a year, that her business was started sometime in 2003. Director Wyrick asked if Ms. Britton, the applicant, had filed the proper permit request from the city when she went into business over a year ago, and did she have a permit. Mr. Bozynski said no, she received licensing from the state, but was not permitted through the city. Ms. Nikita Britton, applicant, stated she started her day care in May of 2003, before this ordinance was passed. She stated when she came before the Board and Little Rock Board of Directors Meeting Minutes December 7, 2004 6:00 PM was approved for the special use permit; the issue was how long she had been in business, and was she in the business before the ordinance was passed. She said she was aware of the 300 foot requirement, and it was discussed during the hearing before the Board voted. She stated she was already established, and said she did not have a city permit because at the time the city was not requiring a business permit, and that was just started before she started coming to these hearings. She said she did apply for the special use permit, after she received the amount of children that require this permit. She said she did not have ten children that required the special use permit, when she started in business. She said it was her understanding that she was back today because it was an issue of does she live there. She said she has been living there four years, and had been in business 2 years. She asked the Board to keep the vote as it was. She asked why she was here tonight, when the Board had voted for her to receive a special use permit. Director Adcock asked Ms. Britton when she started keeping ten children. Ms. Britton stated it was this year, that she currently has nine children. Mayor Dailey closed the public hearing. The resolution was read. Mayor Dailey asked if there needed to be a motion made. Mr. Carpenter, City Attorney explained that what happened in this particular matter was that the Board had taken a vote, and then there was a motion to reconsider. Ms. Britton stated that during the original vote there was a full staff, and tonight two of the staff is not here, that voted in favor of her application, and asked Mr. Carpenter if this okay, that two of the people that voted were not present that voted on her behalf the last time. Mr. Carpenter stated that is more of a policy question for the Board. Mayor Dailey stated if the Board wishes to put this off or delay it until the reconvened meeting. There was no motion to defer. Mr. Carpenter stated a "yes" vote would allow the special use permit, and a "no" would deny the special use permit. A roll call vote was taken and recorded as follows: Directors: Pugh, absent, Hurst, no, Cazort, yes, Keck, yes, Stewart, absent, Wyrick, no, Kumpuris, no, Graves, yes, Adcock, no, Vice Mayor Hinton, no, Mayor Dailey, no. The vote was 3 yes, 6 no, 2 absent. The resolution failed, and the request denied. 21. PUBLIC HEARING & ORDINANCE 19,246 - To create a redevelopment district for certain property located in the City of Little Rock, Pulaski County, Arkansas; approving the Project Plan for the district; prescribing other matters relating thereto; and declaring an emergency. Mayor Dailey opened the public hearing. He said he did not have in speaker cards turned in for anyone opposed to the item, but that Baker Kurrus, Little Rock School Board Member was present to comment on the redevelopment district. Mr. Kurrus stated he was speaking for himself, the school district had not taken action on the redevelopment matter. He asked the Board to consider a couple of things that are very critical with respect to this project. He said he has opposed a number of TIF projects in the past because he thought they were not in the best interest of the Little Rock School District, primarily they were TIF projects being used to capture revenues that other wise would go to the city, the library, school districts, police and fire departments. Many TIF districts are formed as development is burgeoning; they are formed in areas with escalating property values and low employment. That is the case in northwest Arkansas right now. He said he opposed those districts for those reasons. He said he is not opposing this district for those reasons, that this district is appreciably different in many ways. It 0 Little Rock Board of Directors Meeting Minutes December 7, 2004 6:00 PM is a public improvement district, these people are good folks, trying to do good things at the Port, and recognized their good will. He said it would be easier to support if the district had a project in mind. This is sort of a "build it and they will come TIF ". They want to take revenues that are going to come their way from increasing property taxes, and plow those revenues into infrastructure improvements, and the expectation would be that in the future there would be additional development which would be good for everyone. The downside is that they are going to spend $24 million of our money, and should be considered and not taken lightly. In the past this would have been a great concern to the school district. There have been two major developments that protect the school districts under today's facts and circumstances. They simply don't protect the city, or at least did not believe that they do. He said the school funding formula has been changed materially and school districts are no longer punished or presumed to collect revenues from properties within a TIF. Under the old school funding formula, it was assumed that districts like Little Rock received revenues through their own taxation for properties in a TIF. The other thing that changed was that now days the base wealth calculation is fixed in Arkansas. Every school district receives as a base foundation funding $5400 per student in their school district. He stated that TIF is being abused, and being abused grandly in other areas of the state. He said in talking with state legislators, did not think TIF will be used in northwest Arkansas along the interstate corridors to allow people to build infrastructure improvements that otherwise developers would pay for. He stated his main concern about this TIF in particular is that it lasts twenty -five years. If the law changes and this TIF comes back and begins to punish the Little Rock School District or punishes the City even worse than imaged, it's something that will need revisited. He stated he had been nominated to sit on the redevelopment board, and was looking forward to that and wanted to be very positive and helpful. Ms. Jane Dickey, representing the Little Rock Port Authority, stated she has worked with the Port authority for several months as they have prepared their project plan and proposal to create a redevelopment district in the Port. She stated they have visited with the Little Rock School Board and other interested parties about the creation of the district as is required by the City's ordinance, adding an additional layer of due diligence and community involvement in connection with the creation of any redevelopment district. Ms. Dickey stated that Mr. Kurrus mentioned that he was going to be the representative of the Little Rock School District on the advisory board, and if the Board had a name for someone from the City of Little Rock to serve on that Board, items 21 and 22 could be grouped, and considered together if the Board wished. Mayor Dailey announced that Director Keck has indicated he would be willing to serve on the committee. There were no objections from any Board member. Ms. Dickey presented a copy of the project plan to each Board member, explaining that Item 21 would create the redevelopment district and approve its project plan. Ms. Dickey overviewed the plan. She said the only reason the redevelopment district is proposed for twenty -five years is that the Port does not have a large new industry to go into the Port, and suddenly and predictably increase the assessed value of property in the district so this would be a "pay as you go" approach to the project improvements, hoping that as it completes the improvements and has the TIF in place so that if a prospect does arrive, it can move rapidly to create the financing that will provide the rest of the planned improvements. She stated there is an agreement with the county and school district that of the increment, only 90% will go into the districts fund, and 10% will go back to the City, the school district, and the county for the purposes for which it is already dedicated. Ms. Dickey introduced 10 Little Rock Board of Directors Meeting Minutes December 7, 2004 6:00 PM Mr. Paul Latture, Director of the Little Rock Port Authority. Mayor Dailey declared the public hearing closed. The ordinances (Items 21 and 22) were read the first time. Director Adcock made the motion to suspend the rules and place the ordinance on second reading, Director Keck seconded the motion. Director Cazort asked if Item 22 needed to be amended to add Director Keck's name where it was appropriate. Mr. Carpenter, City Attorney, answered that it needed to be amended. Director Cazort made the motion, seconded by Director Adcock to add Director Keck as a member to the advisory Board. Mayor Dailey stated there is a motion on the floor to suspend the rules. Director Cazort indicated he would make the motion after the rules were suspended. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended to provide for the second reading. Director Cazort restated the motion to amend Item 22, to include Director Keck as the City's representative on the advisory board. Vice Mayor Hinton seconded the motion, and by unanimous voice vote Item 22 was amended as stated. Mr. Carpentered announced that he was not sure if the Board has the final copy of the ordinance. He stated that Baker Kurrus' name had been added today on the development board, so the one that would be signed will have all the names added. By unanimous voice vote of the Board members present, being two- thirds in number the Ordinance (Item 22) was amended. The ordinances (Items 21 & 22) were read the second time, as amended. Director Adcock, seconded by Director Cazort, made the motion to place the ordinances on third reading. By unanimous voice vote of the Board members present, being two - thirds in number, the rules were suspended and the ordinances (Items 21 & 22) were read the third time as amended. By unanimous voice vote of the Board members present, the ordinances and emergency clause were passed. 22. ORDINANCE 19,247 - To create a redevelopment district advisory Board for the Port of Little Rock Redevelopment District No. 2 of the City of Little Rock Pulaski County, Arkansas, appointing the initial members of the Advisory Board, and prescribing other matters relating thereto. OTHER BUSINESS 23. ORDINANCE 19,248 - Levying additional franchise fees to be paid by local access providers for the year 2005; and providing for the payment thereof. (Deferred from October 18, 2004) 24. RESOLUTION - Deferred to 12/21/04 - Boards & Commission Appointments - Synopsis: Appointments to the Children Youth and Families Commission. Director Adcock indicated that the Board was not ready to act on the appointment at tonight's meeting. 25. DISCUSSION - Budget Work Session: 4:30 PM — 5:30 PM (December 7, 2004. The Budget work session took place from 4:30 PM to 5:45 PM prior to the Board of Directors Meeting of Dec. 7, 2004. Mr. Moore, City Manager, handed out a copy of the 2004 Budget that included the numbers the Board had been briefed on in the Budget Work Session. 11 Little Rock Board of Directors Meeting Minutes December 7, 2004 6:00 PM Mr. Moore asked the City Attorney to brief the Board on action that the City has taken in regards to a problem place in the community. Mr. Carpenter stated that a homicide occurred the other night that began at the Palace Nightclub on Wright Avenue. He stated there have been conversations with this group once before and they had attempted to do some things to keep this type of things from occurring, but it didn't, and the information the City Attorney's Office has received is that a young lady was propositioned as a prostitute inside the bar, an argument ensure about that later in the evening, and one person was killed and two people were injured and it all basically started inside the bar. Under the City's Criminal Abatement Program, the City has moved to get an injunction to close the place down. Action was filed this afternoon and it's presently before Judge Fox. A motion was made by Director Adcock, seconded by Vice Mayor Hinton to recess the meeting to December 14, 2004 for the purpose of consideration of the 2004 City of Little Rock Budget. By unanimous voice vote of the Board members present, being two - thirds in number, the meeting recessed at 8:20 PM ATTEST: City Clerk, ney Wood 12 APPROVED: A"6'Vq 64&4 1)!� or, Jim Dailey