03-06-01•3121
Minutes
Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
March 6, 2001
6:OOP.M
The Board of Directors of the City of Little Rock, March 6, 2001, regular meeting, with
Mayor Dailey presiding. City Clerk Nancy Wood called the roll with the following
Directors present: Directors: Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick,
Graves, Adcock and Kumpuris. 10 present. (Director Stewart actually enrolled at 6:10
PM and Director Kumpuris enrolled at 6:05 P.M. The invocation was given by Vice
Mayor Cazort, followed by the Pledge of Allegiance.
The meeting was recorded as follows:
Mayor Dailey asked for a motion to make the following modifications to the agenda:
Modification No. 1 was a withdrawal of Item 22. A resolution to approve water mains
to serve the Kanis and Denny Roads Suburban Water Improvement District No. 349, a
protion of which is located outside the city limits.
Modification No. 2 consisted of the following:
ADDITION:
M -1. PROCLAMATION - To congratulate the Central High Tigers and the Hall
High Warriors on reaching the Class 5 -A State Tournament Finals.
DEFERRALS:
18. ORDINANCE
- Z- 4923 -A - Approving a modification to a Planned Zoning Development titled Summit
Mall - Revised PCD, located at the southwest corner of Shackleford Road and Interstate
430, in the City of Little Rock, Arkansas; and for other purposes. (Planning
Commission: 8 yes, 2 no, 1 abstention.) (Third reading.) (Deferred to April 3, 2001.)
12. ORDINANCE - Z -6973 - Reclassifying property located at David O'Dodd Road,
south of Colonel Glenn Road, in the City of Little Rock, Arkansas, amending the
Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes.
(Planning Commission: 9 yes, 2 absent.) Staff recommends approval. (Deferred to
March 20, 2001.)
MODIFICATIONS:
7. RESOLUTION - To accept an Orientation Manual for the Little Rock Board of
Directors; to direct the City Attorney to draft any necessary ordinances to implement the
manual; and for other purposes. (This was listed on the agenda as a motion, and it
should be a resolution) and (Title language change.)
20. PUBLIC HEARING & ORDINANCE - To accept the voluntary annexation of
27.5 acres to the City of Little Rock, Arkansas, making same a part of the City of Little
Rock, Arkansas; to declare an emergency; and for other purposes. (Title language
_. change.)
24. ORDINANCE - To declare Environmental Systems Engineers & Suppliers a
Professional Service; to amend Little Rock., Rev. Code 2 -243 (a) (2) (1988) to include
this definition; and for other purposes. (Title language change.) (1st reading only)
A motion was made by Director Lichty to add the listed modifications. Vice Mayor
Cazort seconded the motion, and by unanimous voice vote of board members present the
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modifications were added. Director Keck motioned to add Items 20 and 23 to the
grouped items, Vice Mayor Cazort seconded the motion, and by unanimous voice vote of
Board members present, the items were added to the list of grouped items on the agenda.
Mayor Dailey presented proclamations to Little Rock Central High Coach Oliver
Fitzpatick, Hall High School Coach George Cirks, along with Vice Principals Roy Wade,
Hall High School and John Kelley, Little Rock Central High School. The purpose of the
proclamations was to recognize the outstanding basketball season, compiling perspective
records of 22 and 3 and 25 and 4, in the State 5 -A Region, with their final game being
Saturday in Pine Bluff, Arkansas. Mayor Dailey proclaimed March 5 to March 10, 2001
as Hall High Warriors /Central High Tigers Week, and the other Central High Tigers /Hall
High Warriors Week.
The next items for consideration were the consent agenda items, which were read by the
clerk.
1. MOTION - To set the date of Public Hearing for March 20, 2001 on an appeal of the
Planning Commission's decision to approve a Conditional Use Permit for an adult day
care center, located at 7210 Milford Drive, Little Rock, Arkansas. (Planning
Commission: 9 yes, 1 no, 1 absent.) Staff recommends approval of the Conditional Use
Permit.
2. MOTION - To set the date of Public Hearing for March 20, 2001 on an appeal of the
Planning Commissions decision to approve a Conditional Use Permit for a cemetery
located at 3200 Roosevelt Road, Little Rock, Arkansas. (Planning Commission: 10 yes,
1 absent. Staff recommends approval of the Conditional Use Permit.
3. MOTION - To set the date of Public Hearing for March 20, 2001 on an appeal of the
Planning Commission's decision on the Land Use for 2501 Bishop Street, Little Rock,
Arkansas.
4. MOTION - To set the date of Public Hearing for March 20, 2001 to authorize
issuance of Industrial Development Revenue Bonds to Dillard's Store Services, Inc.
Project.
5. RESOLUTION NO. 11,011 - Authorizing the Mayor and City Clerk to execute
appropriate documents to grant an easement to Entergy Arkansas, Inc., in Allsopp Park.
6. RESOLUTION NO. 11,016 - Expressing the willingness of the City of Little Rock to
utilize Federal Aid monies for a preliminary study for improvements to Asher Avenue,
University Avenue to Roosevelt Road.
7. RESOLUTION NO. 11,017 - To accept an Orientation Manual for the Little Rock
Board of Directors; to direct the City Attorney to draft any necessary ordinances to
implement the manual; and for other purposes.
8. RESOLUTION NO. 11,018 - Authorizing the City Manager to enter into contract
negotiations with Lewis - Burnett Employment Finders to provide job placement
services to Welfare to Work eligible clients; and for other purposes.
Director Lichty motioned to adopt the consent agenda. Director Keck seconded the
motion and by unanimous voice vote of board members present, the consent agenda was
adopted.
Citizens Communications was the next item on the agenda. The speakers were: Sam
Heard at 4520 Austin, who asked the board to vote no on the proposed Summit Mall
when it comes up for vote.
The other speakers spoke on the issue of keeping Ellen the elephant, or freeing her to a
sanctuary. Mayor Dailey asked Mr. Mike Blakely, the Zoo Director, to lead off the
discussion. Mr. Blakely said the plan for Ellen's management was to get her a
companion, and much of the effort over the last year and a half was direct towards that
goal. He said many improvements have been made, the yard has been expanded, the
building modified, raising the doorway, and this year have modified the interior to allow
-- for another elephant safely that allows separation at night if they needed to, but keep
them together if they would like to. He said they are in negotiations now for a
companion for Ellen, and that should be accomplished in the next three to four weeks.
He stated that this is a program that the American Zoo and Aquarian Association has
been supportive of, and were pleased that the Little Rock Zoo was acquiring another
animal. Mr. George Mallory, the Chair of the Zoo Board of Governors, presented some
facts on Ellen, saying that she was fifty years old and had been at the Little Rock Zoo
since she was four years old, and had resided with another elephant named Ruth, until
1978 when she died, at the age of sixty six. He said Ellen has resided alone for the past
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twenty -two years. He said a group called TAG, or the animal group requested that they
be put on the Board of Governors meeting, which they did. He said they heard their
presentation, which was basically a plea to relocate Ellen to a sanctuary in Tennessee.
He stated that this group felt that the eight hundred acre sanctuary was best for Ellen, and
he said the Zoo Board questioned their board and listened carefully. He said some of the
things they learned about that sanctuary was that sanctuary has seven elephants in it, they
do not have bull elephants, they are all females approximately the age of fifty. He said
when the Zoo board asked about safety and how they maintained safety, (for example,
did they know the procedures to break up an elephant fight), it was determined they did
not know those procedures at that time. Their board thought the Little Rock Zoo could
get positive publicity by relocating Ellen, in that even possible a National Geographic
documentary might result from this. He said the Zoo Board asked about the funding of
that sanctuary and the TAG board did not know for sure, but felt it was well funded. He
said they felt a single elephant was unacceptable and they discouraged the Little Rock
Zoo from acquiring a second elephant. He said when the Zoo Board asked about
introducing Ellen to the other seven elephants at the sanctuary they did not think it would
be problem and thought the other elephants had been introduced to that sanctuary fairly
successfully. He said they posed the question about educating the young people who
visited the Zoo and it was their thought that it could be done with pictures, videos and in
someway creating a positive image about relocating her, regarding her care. They stated
that of the one hundred and eighty eight accredited institutions only eighty -eight had
elephants. He said this particular sanctuary is not accredited, but they have applied for a
membership as a sanctuary. He said that after listening to their presentation and asking
questions, the Zoo Board felt it was better to keep Ellen at the Little Rock Zoo. He said
Ellen had never been in a transport trailer, and felt there was some degree of risk in
transporting her, that introducing her to other elephants in a different environment would
probably be more stressful than in her own environment. He said they have been told
there is a sort of "pecking" order among elephants, and that they sometimes have to fight
for position, and they were concerned about that. He said the vote was 7 yes, 0 no, 1
abstention to keep Ellen here at the Little Rock Zoo, seek a companion for her, and to
continue to improve the elephant exhibit. He said this decision was not made by emotion
alone, it was made with a balance of emotion and intellect. He said there are some areas
of agreement with this group and that was that animal welfare is at the top of the pyramid
when it comes to having a zoo. He said without animal welfare the rest would not fall
into place. Heidi Riddle, P. O. Box 715 Greenbriar, Arkansas, stated she was at the
meeting on behalf of elephants in general, and Ellen is the focus tonight. She said she
and her husband have been concerned about Ellen for many years. She said she and her
husband had been in Arkansas for eleven years, and represents Riddle's Elephant and
Wildlife Sanctuary. She said it was a sanctuary founded by she and her husband Scott,
approximately eleven years ago. She said they take in elephants of both species and both
genders. She said they have eleven elephants, Asians and Africans, both male and
females of both species. She said they are very concerned about elephant welfare and
management. She said Ellen's was one of those cases that get very emotional very
quickly. She stated that they had discussed with the Zoo several times over the last few
years ways to improve Ellen's well being. She said when the issue of her being moved
out came up they had initially thought that this be thought over because her facility is
very small, she is a single elephant, and those are not very good things, however if a zoo
management is going to be progressive and does want to do the right thing for the
animals in their care, they will certainly try to improve all this. She said she and her
husband felt that with the current management, there has been a tremendous
improvement made for Ellen. She said they feel it would not be beneficial to move her at
this time, as she has spent almost fifty years at the same facility, the facility has been
expanded and she currently has some professional staff working with her that has done an
excellent job of working with her on an enrichment basis. She has become a different
animal. She said they see it, and they live with elephants everyday, and personally had
been living with elephants for twenty years and has some basis of knowledge, and
thought it import to look at things in terms of what is best for Ellen, and not what is best
for everyone else, or all the people concerned about her. She said speaking as an
elephant person herself, that it could be very stressful to elephants, they are highly
intelligent, and to be moved to a totally different environment would difficult for her.
She is an animal that has never been moved in her life basically, and is also an animal
that has become somewhat anti- social, so to make her be a part of a group at their age
would probably be fairly difficult. She said it would probably be easier on Ellen to bring
another animal in to her environment and let her develop a relation ship with one
elephant at a time. In the future there would be the possibly to bring in a second animal
or possibly a third, if the Zoo wanted to go that route. She thought it important to
remember Ellen's welfare in all this. Mr. Scott Riddle, P.O. Box 715, Greenbriar,
Arkansas, concurred with his wife, but said stated there is one thing to keep in mind, and
that is Ellen is not an object, she is an animal of great intelligence, and she cannot be
treated as an object. He said Ellen and the new elephant coming in can participate in the
future of all elephants. He said geriatrics in elephants had not really been looked at, and
Ellen is a perfect candidate for that, and if the elephant coming in is approximately the
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same age, these two can participate in the future of all elephants, and stated if you don't
participate in education, research or reproduction of elephants then the zoo shouldn't
have them. He said we cannot afford to put the animals away, and manage them into
extinction, and recommended Ellen stay at the little Rock Zoo, and recommended that a
lot of the groups that are being so negative and just want to dump an animal, thought they
should get behind the zoo, and maybe put their financing and their efforts and work into
making things better there. He said you couldn't just start picking animals out of the zoo
and getting rid of them. Things had to be made for all the animals there, just not the
elephant. He sated he thought the zoo is on the right road. Shelly Seitz, 51 Prospect
Trail, North Little Rock, asked that Ellen be allowed to the elephant sanctuary in
Tennessee. She said the city has an opportunity to change the image of the Little Rock
Zoo, by taking swift compassionate, action to retire Ellen. Paul Davis, 1617 N. Tyler,
thought the issue transcends just the animal groups and has grown far beyond that, and
- had been politicized, and had been following the issue in the paper. He said he had
written Mr. Blakely and received what looked like a form letter response, not answering
directly any of his questions. He wanted to know about the Zoo Master Plan, about time
frames, how much it was going to cost, education programs, etc., and did not receive any
information. He said it seems illogical to buy another elephant and put them in a fairly
small space with an old elephant that is going to die soon, and wanted to know how this
project would be funded. He said he thought the only right thing, as things stand right
now is to let her go. Kenley Hilton, a docent at the Little Rock Zoo, said she had been a
docent for about six years there, and felt Ellen should remain at the Zoo, due to the fact
that she had never been tailored, the sedation factor risk, the journey itself possibly
harming her. She stated that possible third, forth and fifth expert options be sought, and
then make the determination. Mary Ann Lehman, 12407 Coleen Drive, stated she is
also a docent at the zoo and she and her husband volunteer almost five hundred hours a
years, so feels she knows Ellen, and was at the TAG presentation, and it was passionate,
very emotional, certainly out of their element, because their TAG organization was set up
to help homeless dogs and cats and to help with the spay /neuter program, it is such a
large program, its hard to control, and maybe that was why they decide to come and focus
on one animal instead help all other cats and dogs that do need their help. She stated she
would like to see them put their emotion, into their original cause which is a big need,
because Ellen is not a big need, Ellen doesn't need anything, and is having better years
these years than she has had in her life. She said they all love Ellen and she has a lot of
entertainment and a lot fun, and loves the public and they lover her, and made a plea to
keep Ellen at the zoo. Carleen Peterson, 902 McCollum Road, Austin, Arkansas, stated
she and her husband are both docents, and have been for over five years, and volunteer
almost seven hundred hours a year, and they do a lot of education program. She said in
the last few years, particularly, the animals seen better cared for, the keepers are very
concerned, and thought the general public if they would come to the zoo could see the
improvements that have been made. Kerri Daniels, 7607 Illinois, said TAG is here for
all animals, and it wasn't an issue of TAG versus the Zoo. She said she was concerned
that her basic need for space is not being met, and to bring another animal in was
inappropriate, and her basic need for socialization, had not, and is not being met and this
has gone on for many years. She asked that Ellen be allowed to go to the Tennessee
sanctuary, and start over with young animals, to let Ellen retire.
Grouped Items: 9 -17, 20, 23
9. ORDINANCE NO. 18,435 - LU- 01- 10 -01- To amend the Land Use Plan (16,222) in
the Boyle Park Planning District, from Single Family to Office; in the 1900 Block of
John Barrow Road, and for other purposes. (Planning Commission 9 yes, 2 absent.)
Staff recommends approval.
10. ORDINANCE NO. 18,436 - Z- 6888 -A — Reclassifying property located at 1911-
2109 John Barrow Road, in the City of Little Rock, Arkansas amending the Official
Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning
Commission 9 yes, 2 absent.) Staff recommends approval.
11. ORDINANCE NO. 18,437 - Z- 6748 -A — Reclassifying property located at 1210-
1212 S. Bowman Road in the City of Little Rock, Arkansas, amending the Official
Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning
_ Commission 9 yes, 2 absent.) Staff recommends approval.
12. ORDINANCE - Z -6973 - Reclassifying property located at David O'Dodd Road,
south of Colonel Glenn Road, in the City of Little Rock, Arkansas, amending the
Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes.
(Planning Commission 9 yes, 2 absent.) Staff recommends approval. (Deferred to
March 20, 2001.)
13. ORDINANCE NO. 18,438 - LU- 01 -19 -02 — To amend the Land Use Plan in the
Chenal Planning District from Single Family to Commercial and Park Open Space in
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the 19,900 Block of Cantrell Road. (Planning Commission: 9 yes, 2 absent.) Staff
recommends approval.
14. ORDINANCE NO. 18,439 - Z -6977 — Reclassifying property located on the south
side of the 19,900 Block of Cantrell Road, in the City of Little Rock, Arkansas,
amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other
purposes. (Planning Commission 9 yes, 2 absent.) Staff recommends approval.
15. ORDINANCE NO. 18,440 - Z -6966, Z -6967, Z -6968, Reclassifying property
located in the City of Little Rock, Arkansas, (Asher Avenue corridor) amending the
Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes.
(Planning Commission: 10 yes, 1 absent.) Staff recommends approval.
16. ORDINANCE NO. 18,441 - Amending Chapter 31 of the Code of Ordinances of the
City of Little Rock, Arkansas, providing for a waiver of right -of -way and street
improvements for American Heart Association located at southwest corner of Izard
and West Second Street.
17. ORDINANCE NO. 18,442 - Z -6969 - Reclassifying property located at 6700 S.
University Avenue, in the City of Little Rock, Arkansas, amending the Official Zoning
Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission
9 yes, 2 absent.) Staff recommends approval.
20. PUBLIC HEARING & ORDINANCE NO. 18,443 - To accept voluntary
annexation of 27.5 acres to the City of Little Rock, Arkansas, making same a part of the
City of Little Rock, Arkansas; to declare an emergency; and for other purposes. (Planning
Commission 9 yes, 2 absent). Staff recommends approval. Mayor Dailey opened and
closed the Public Hearing, and the item was read with the grouped items.
23. ORDINANCE — 18,445 - To allow Animal Services shelter fees to be established
by the City Manager or his designee.
The Grouped Item Ordinances were read the first time. The rules were suspended to
provide for the second and third readings of the Ordinances by unanimous vote of the
Board members present, being ten in number and two - thirds or more of the members of
the Board of Directors. By unanimous voice vote of board members present, the
ordinances and emergency clause were adopted.
24. ORDINANCE - To declare Environmental Systems Engineers & Suppliers a
Professional Service; to amend Little Rock., Rev. Code 2 -243 (a) (2) (1988) to include
this definition; and for other purposes. (I" Reading only.) The ordinance was read the
first time.
18. ORDINANCE NO. Z- 4923 -A — Approving a modification to a Planned Zoning
Development titled Summit Mall — Revised PCD, located at the southwest corner of
Shackleford Road and Interstate 430, in the City of Little Rock, Arkansas; and for other
purposes. (Planning Commission: 8 yes, 2 no, 1 abstention.) (Third reading.) (Deferred
to April 3, 2001.)
21. ORDINANCE NO. 18,444 - Appropriating $500,000 to construct two pedestrian
walkways across Main and 7th Streets in the downtown area; to authorize the City
Manager to enter into an operating agreement with the Donaghey Foundation for
maintenance of these walkways; to declare an emergency; and for other purposes. There
was brief discussion. The Ordinance was read the first time. The rules were suspended
to provide for the second and third readings of the Ordinance by unanimous vote of the
Board members present, being ten in number and two - thirds or more of the members of
the Board of Directors. By unanimous voice vote of the board members present, the
ordinance and emergency clause was adopted.
22. RESOLUTION - To approve water mains to serve the Kanis and Denny Roads
Suburban Water Improvement District No. 349, a portion of which is located outside
the city limits. (Withdrawn by applicant.)
19. PUBLIC HEARING & RESOLUTION -6974 - To rescind the Planning
Commission's action in approving a Conditional Use Permit for City of Faith Prison
Ministries Community Correctional Facility located at 1401 South Garfield Street.
Staff recommends denial of the resolution. There was a lengthy discussion lasting
approximately four hours. David Savage 1618 S. Garfield Street, Ralph White, 913 S.
Hughes Street, Jody Williams, 1607 Charlotte Street, and Sandra Brown, 915 S. Arthur
Street, were opposed to the Planning Commission's Action in granting a Conditional Use
Permit to the applicant citing reasons of fear that crime resulting from this halfway house
would infect their area, that they were never given notice in 1997 of what was going to be
built at this site, fear that some of the residents might escape and clause harm to someone
in the neighborhood. Fear that they constantly feel the need to look over their shoulder in
their own neighborhoods. Captain W. W. Williams, of the Little Rock Police
Department presented a crime analysis of the area, and reported that there had been no
increased crime in the area due to the halfway house being located there. The board asked
Ms. Terry Parker Williams, the applicant, questions concerning security, how
notification is made when a prisoner escapes or does not return to the facility, how many
prisoners are housed at the facility, what a typical day is like at the facility, what are the
criteria the facility has to meet to keep their contract with the Bureau of Prisons. How it
is determined which prisoners would be allowed to come to the halfway house, what kind
of prisoners are at the halfway house, and other related questions. Ms. Williams told the
board they have a 97 bed facility, that no one living at the halfway house has caused
trouble in the neighborhood since the facility was built in 1997. Ms. Williams stated that
they have a staff of 25 and 15 of those were security. She stated that they do not take
felons convicted of violent crimes, sexual assault or crimes against children, that most of
the prisoners received there were white collar and drug offenders. Ms. Williams told the
board that the Bureau of Prisons gave the halfway house a glowing review when it made
a recent surprise inspection. Ms. Williams emphasized that any time the criteria laid
down by the Bureau of Prisons is not complied with, they were subject to lose their
contract. Following the discussion, Director Hinton made the motion to take a vote on
the resolution. Director Stewart seconded the motion. A roll call vote was taken, and
recorded as follows: Directors: Lichty, Cazort, Keck„ Stewart, Wyrick, Kumpuris,
Graves, Adcock, Mayor Daily voted to reaffirm the Planning Commissions Decision to
grant the Conditional Use Permit. Directors Hinton and Stewart voted for the resolution
to rescind the Planning Commissions decision. The resolution failed.
25. REPORT - City Managers Activity Report. No report at this meeting.
The meeting was recessed for the purpose of executive session to consider appointments
and reappointments to various a oards and commissions.
26. RESOLUTION NO. 11,19 - To make appointments to various boards and
commissions. Mayor Dailey announced the recommendations were: Nichole Sheffield,
At large Position, Commission on Domestic Violence, Del Berry (For profit
Corporation), Community Housing Advisory Board, Gerry Nash, (Real Estate Business
Commission), Community Housing Advisory Board, Dr. Katherine Mitchell, School
Board Representative, Education Commission, Kenneth Richardson (New Futures
Representative), Education Commission, Glenn Davis, MacArthur Military History
Museum Commission, Rick Comer, MacArthur Military History Museum Commission,
C.C. (Chip) Culpepper, MacArthur Military History Museum Commission, Ron Fuller,
MacArthur Military History Museum Commission, James Rice, MacArthur Military
History Museum Commission, General Robert Hope, MacArthur Military History
Museum Commission, Lt. Col. Bill Hoffman, MacArthur Military History Museum
Commission, Mary Bray Simmons, MacArthur Military History Commission, Curtis
Sykes, MacArthur Military History Commission, William "Bill" Terry, MacArthur
Military History Commission, L. T. Williams, MacArthur Military Museum
Commission, Thomas Brannon, reinstatement, Racial and Cultural diversity
Commission, Armand Delaurell, Racial and Cultural Diversity Commission, Will
Parker, Racial and Cultural Diversity Commission, Willa Black Sanders, Racial and
Cultural Diversity Commission, Eric Walker, Racial and Cultural, Donita Alexander,
Sister Cities Commission. Vice Mayor Cazort motioned to adopt the resolution making
the listed recommended appointments, Director Keck seconded the motion and by
unanimous voice vote of board members present the resolution was adopted.
Mayor Dailey announced that the board had received the information requested from City
Attorney Tom Carpenter, and finished his evaluation while in executive session. Mayor
Dailey announced that Mr. Carpenter had satisfactorily answered the questions that had
been requested at the February 20, 2001 Board of Directors meeting, The board agreed to
a 4% salary increase, retro to January 1St, commensurate with the increases of City
employees in general, which is in the range of 4 %.
Director Keck made a motion to adjourn, Vice Mayor Cazort seconded the motion, and
by unanimous voice vote of board members present, the meeting was adjourned at 11:30
PM.
ATTEST:
Nncy � AZ114 11 10 .11�
W94d, City Clerk
APPROVE:
�An Dailey, Mayor
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