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09-19-95L Southwest Little Rock Community Center 6401 Baseline Road Little Rock, Arkansas September 19, 1995 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Sharp, Mason, Adcock, Hodges, Keck, Joyce and Wyrick - total 7; Absent - Directors Kumpuris, Wilson, and Hinton - total 3. (NOTE: This was the third of four satellite Board meetings to be held quarterly throughout the community to make the meetings more accessible to the citizens.) With a quorum being 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, followed by the Pledge of Allegiance. There was a motion by Director Keck to add to the Agenda a report on domestic violence after the Consent Agenda. The motion was seconded by Director Mason and unanimously adopted. There was a subsequent motion and second by Directors Mason and Adcock, respectively, to add the items on the Addendum (re: Junior Deputy Park and the noise ordinance) to the Agenda, and the motion was unanimously adopted. (See Ordinance No. 16,973 and the proposed ordinance on Page 10.) Mr. Michael Hutchinson, Public an award plaque to Mayor Dailey. Arkansas State Chamber of Commerce Community Development Awards Prograi City of Little Rock received the Neighborhood Alert Center Program. plaque and a $300 cash prize. Relations Manager, presented The award was given by the at the 47th Annual Arkansas n on September 19, 1995. The second place award for its The award consisted of a Mr. Hutchinson also announced that City Manager Charles Nickerson is in Denver, Colorado at the International City Management Association Convention to receive the ICMA Public Safety Program Excellence Award, which the City of Little Rock received for its Police Home Owners Program. (Directors Hinton and Wilson enrolled at 6:10 P.M.) Consideration was then given to the Consent Agenda, which consisted of the following items: (1) Resolution NO. 9,495, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD AN ANNUAL CONTRACT FOR THE PURCHASE OF REMANUFACTURED ALLISON TRANSMISSIONS FOR THE DEPARTMENT OF FLEET SERVICES; AND FOR OTHER PURPOSES. (United Engines - not to exceed $23,000.) (2) Resolution No. 9,496, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LA SHER OIL COMPANY TO PROVIDE FUEL SERVICE TO THE CITY; AND FOR OTHER PURPOSES. 1 Minutes September 19, 1995 X07 Mayor Dailey said this has gone far beyond just dealing with a commissioner. What we are really talking about is dealing with the future and the mission of one of our Commissions. He supported Director Mason's suggestion that all Boards and Commissions be reviewed. He concluded by encouraging the Board to adopt the Resolution. Following the lengthy discussion, the Resolution was read in full. There was a motion by Director Adcock, seconded by Director Joyce, to adopted the Resolution, and the Resolution was adopted by the following voice vote: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Hinton, and Mayor Dailey - total 9; Noes - Director Wilson - total 1; Abstentions - Director Hodges - total 1; Absent - None. Director Hodges asked Assistant City Manager Cy Carney to reschedule the Code of Ethics retreat. At the suggestion of Director Adcock, the Board agreed to discuss the Code of Ethics at the October 24, 1995 work session. Directors Keck and Mason asked to work with Directors Hodges and Sharp on the Code of Ethics. Consideration was then given to Addendum Item 1 being Ordinance No. 16,973, entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARK. ORDINANCE NO. 16,894 TO AUTHORIZE THE DISPENSING OF COMPETITIVE BIDDING FOR CERTAIN CONSTRUCTION WORK AT JUNIOR DEPUTY PARK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Keck, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously 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 second time. There was subsequent motion and second by Directors Keck and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted unanimously by the Board Members present, being 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 then taken on passage of the Ordinance as follows: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. Item 2 on the Addendum was the next presentation, a proposed Ordinance entitled: AN ORDINANCE AMENDING CHAPTER 18 SECTIONS 18- 52(2)(3) OF LITTLE ROCK, ARK. REVISED CODE (1988), DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Re: noises prohibited.) City Attorney Tom Carpenter explained that he had received requests for some changes to make sure that certain things are covered by the noise ordinance. The amendment before the Board expands the language as to what is covered by the noise ordinance to make sure that boom boxes particularly or any other technological changes of an audio nature would be covered by the ordinance. The Police Chief had commented that the hours of the ordinance make it sometimes difficult to enforce. The question before the Board is: Do you want to keep the hours as they are or do you want to change that? Eliminating the hours would create some problems, such as War Memorial. Then you would have 10 208 Minutes September 19, 1995 to set up a structure for allowing exceptions and that is where you start implicating the First Amendment and must be careful. He asked for direction from the Board of Directors, and suggested the Ordinance be left on first reading. Mr. J. R. Purifoy, 32 Warren Drive, said there is a problem with the hours. In some neighborhoods, boom boxes go 24 hours a day. The vulgar music coming from boom boxes is embarrassing and takes away from the dignity of the whole city when we have to listen to this type of thing. Director Adcock said she would like to eliminate the hours of 10:30 P.M. to 7:00 A.M. from the noise ordinance and to include some way that War Memorial and other similar functions can go on. Director Hinton said he was trying to have an Ordinance in place to give police authority to issue citations for the loud boom boxes and loud radios that come on in houses during the night and wanted it to be a 24 hour thing. Director Joyce suggested leaving the Ordinance on first reading in order to get all the issues addressed in the Ordinance. Following the lengthy discussion, the Ordinance was read the first time and left on the calendar for second reading on October 3, 1995. At 8:10 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board of Directors reconvened at 8:25 o'clock P.M., Mayor Dailey presided and all Directors were present. At the time allotted for Citizen Communications, the first speaker was Mr. Arthur Goodwin, 6605 Azalea, who spoke to the Board about the problem with the drainage ditch on the north side of Cloverdale Addition. He said that Public Works Department crews have been out four times, but said they couldn't see any problems with the ditch or his house. Mr. Goodwin said his house is disintegrating because the ground underneath is moving toward the ditch. The retaining wall has long since collapsed. A great deal of work has been done on the ditch, but nothing on his side. Mayor Dailey asked the City Manager to provide a written response to the Board and to Mr. Goodwin. The next speaker under Citizen Communications was Mr. Robert "Say" McIntosh, who spoke on a number of issues: crime, loud music, etc. Mr. Troy LaHa, 7 Althea Circle, expressed the need for a traffic light at Oman and Baseline Roads, which would cost approximately $65,000. There are a lot of school children that cross Baseline Road which is a 5 lane street. Director Wyrick stated that she had asked the City Manager to prepare a Resolution to install a signal light at the intersection of Oman Road and Baseline Road, which should be on the next Agenda. Mrs. Anne McCaleb, a member of Pulaski County Quorum Court, stated that there will be a public hearing on October 5, 1995, at 7:00 P.M. at Mills High School on the modified application of Arkansas Medical Waste for incineration of medical waste not only from Arkansas, but from other states. The citizens of southwest Little Rock have been fighting the application since 1990, and need to attend the public hearing. The next speaker at Citizen Communications time was Mr. Roger Lacy, 2411 Scott Street, who spoke on behalf of Mrs. Nellie Leonard and the East of Broadway Neighborhood Association. He said the Association has applied for a CDBG grant for 21st Street to try to make it a model block. He then referred to the miscommunication about the proposed locations for an Alert Center on 21st Street in the 300 block or the 500 block, stating the Association preferred the 300 block. Mayor Dailey asked Assistant City Manager Cy Carney to take a look at the 300 block of East 21st Street and see if there was some reason that was not pursued. 11 Minutes September 19, 1995 0 9 Mrs. Maggie Lee Hawkins, 522 East 23rd Street, also spoke regarding the East of Broadway Alert Center, saying the 500 block of East 21st Street is fine, but there are a lot of properties that could be acquired in the heart of the problem, and we need to go to the heart of the problem. Ms. Phyllis Henderson, 36 Hatfield, Chair of the ACORN County Board, addressed the Board regarding the need for a traffic light at Oman and Baseline Roads. The next speaker was Mr. John Payne, 19 Caylor Lane, who spoke about the drainage problems at Eva Lane and Caylor Lane. Mayor Dailey asked the City Manager to provide a written response to Mr. Payne and the Board. Mr. Clifton Galyean, 17 Caylor Lane, also addressed the Board of Directors about the drainage problems and street conditions in the area of Caylor Lane and Eva Lane. The next speaker under Citizen Communications was Mr. Nolan Purtell, who owns a rental house at 4811 Stagecoach Road. He said he addressed the Board on September 5, 1995, regarding the abuses he received from the Rental Inspectors. At that time, Mayor Dailey asked the City Manager to consider this as a study case. Mr. Purtell said the report was given on September 12, 1995, but even though it was his house, he received no contact from the City. The report given by Mr. Jim Lawson, Director of Neighborhoods and Planning, contained slurs and insinuations against him with many inaccuracies and he had no opportunity to respond. By inference, he was treated as a slum lord. He said Mr. Lawson's report hinted that Mr. Purtell's problems were caused because he tried to do the work himself. Mr. Purtell said that was not true; he hired a licensed electrical contractor, a licensed plumber, and a contractor to do all of the other work. He said his complaint about the Rental Inspection Program is that every time the Rental Inspectors come out they find new problems. Mr. Norris Green, College Station CDC and the College Station Progressive League, asked the Board of Directors to help with a land use issue. He said part of College Station is in the City Limits and asked the Board to extend the zoning protection for the areas of College Station that are outside the City Limits since Pulaski County does not have any land use ordinances which would prevent businesses from going in residential areas. The next speaker was Mr. Henry Rambert, 10 Wimberly Drive, who expressed concern for law enforcement. He said the Little Rock Police Department has about 480 officers, with 1 captain, 2 lieutenants, and 5 sergeants that are African - Americans; and 7 captains, 32 lieutenants, and 30 sergeants that are white. He asked the Board to address the issue of promotion of black officers and to do something about these injustices in the Police Department and to investigate the Civil Service Commission and its practices. Mayor Dailey advised Mr. Rambert that the Board does not get into personnel issues. Director Hinton asked for a report on the advancement of Police officers. The last speaker under Citizen Communications was Mrs. Pam Adcock, who also spoke about the need for a traffic light at the intersection of Baseline Road and Oman Road. Director Keck requested Staff to provide a list of other locations that are in need of a traffic signal. Director Adcock asked that the list show how close these locations are to schools. Director Wyrick asked for a copy of the traffic study for Oman Road and Baseline Road that was submitted to the Highway Department. At 9:08 o'clock P.M. the Board of Directors recessed to Executive Session to consider appointments to various Boards and Commissions. 12 j,, 210 Minutes September 19, 1995 When the Board of Directors reconvened from Executive Session at 9:45 o'clock P.M., Mayor Dailey presided and all Directors were present. Resolution No. 9,507 was presented, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE ARKANSAS MUSEUM OF SCIENCE AND HISTORY BOARD OF TRUSTEES, CITY BEAUTIFUL COMMISSION, COMMUNITY POLICING ADVISORY COUNCIL, EDUCATION COMMISSION, AND THE LITTLE ROCK PLANNING COMMISSION; (Museum - Charles Barg, Diane Bray, Rita Harvey, James Hendren, Terri Hollingsworth, Michael R. Mayton, Teresa Osam, Jane Rogers, Joyce Warren appointed; City Beautiful - Judy Brown appointed; Community Policing - Richard Slater and Pat Cross appointed, Education - Patricia Young appointed; Planning - Elizabeth (Sissi) Brandon appointed.) and the Resolution was read in full. There was a motion by Director Adcock, seconded by Director Wyrick, to adopt the Resolution, and the Resolution was unanimously adopted by the Board Members present. There being no further business to be presented, the Board of Directors recessed at 9:50 o'clock P.M. to reconvene on Tuesday, September 26, 1995 at 4:00 o'clock P.M. to consider an appointment to the Airport Commission. ATTEST: City Clerk Robbie Hancock 13 APPROVED: Mayor Jim Dailey Minutes September 19, 1995 (3) Resolution No. 91497, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NATHANIEL SAINE CONSTRUCTION COMPANY TO ROOF THE GRANITE MOUNTAIN RECREATION CENTER; AND FOR OTHER PURPOSES. (Not to exceed $29,780.) (4) Resolution No. 9,498, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LEVY CONCRETE COMPANY TO PROVIDE READY -MIX CONCRETE SERVICES; AND FOR OTHER PURPOSES. (5) Resolution No. 9,499, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DR. MARILYN BAEYANS TO PROVIDE VETERINARY SERVICES TO THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES; (6) Resolution No. 91500, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE PROPERTY, EDP AND BOILER INSURANCE WITH A. J. GALLAGHER; AND FOR OTHER PURPOSES. (7) Resolution No. 9,501, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $53,000 FROM THE 1988 CAPITAL IMPROVEMENT BOND FUND FOR REPAIRS AND EQUIPMENT AT THE WAR MEMORIAL FITNESS CENTER; AND FOR OTHER PURPOSES. (8) Resolution No. 91502, with the title being; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT TO PURCHASE A NEW RS6000 COMPUTER FOR THE OFFICE OF MANAGEMENT SUPPORT. (Encore Technology - not to exceed $24,800.) (9) Resolution No. 9,503, described as: A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH JOYNER -FORD & BURKE TO REPAIR A BRIDGE ON HILARO SPRINGS ROAD; AND FOR OTHER PURPOSES. (A 1995 Capital Improvement Bond Project.) (10) Removed from Consent Agenda - see Ordinance No. 16,962 below. (11) Resolution No. 9,504, entitled: A RESOLUTION SETTING THE DATE FOR PUBLIC HEARING ON OCTOBER 3, 1995, TO CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PEERLESS ENGRAVING COMPANY. Upon a motion by Director Adcock, which was seconded by Director Sharp, and unanimously adopted, the Consent Agenda was dispensed with as follows: (Items 1 - 11) Resolutions No. 9,495, 9,496, 9,497, 9,498, 9,499, 9,500, 9,501, 9,502, 9,503, and 9,504 were read in full and unanimously adopted. Director Keck distributed copies of the document entitled: "Little Rock Commission on Domestic Violence - A Historic First Step, A Call to Action - September 19, 1995, A Report to the City of Little Rock Board of Directors and City Manager Charles Nickerson" and then gave a brief overview. He said no action was required at this meeting; this is a series of recommendations for the City to begin to address the issue of domestic violence in the City of Little Rock. 2 200 Minutes September 19, 1995 (Director Kumpuris was enrolled at 6:20 o'clock.) Introduced next was Ordinance No. 16,962, entitled: AN ORDINANCE TO AUTHORIZE A SOLE SOURCE CONTRACT WITH ST. VINCENT INFIRMARY MEDICAL CENTER TO PROVIDE MEDICAL SERVICES AT THE NATHANIEL W. HILL COMMUNITY COMPLEX; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Adcock, which was seconded by Director Joyce, and 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. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Joyce and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and final reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Items 12 and 13 on the Agenda were Ordinances to amend the Land Use Plan in the Geyer Springs District (Re: 2-6022) and to rezone property on the north side of the 10100 block of Mabelvale West Road (2-6022) which were deferred until October 3, 1995, due to a right -of -way issue. The next presentation was Ordinance No. 16,963, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE _ CHENAL DISTRICT, CHANGING VARIOUS LAND USE CLASSIFICATIONS IN AN AREA WEST OF CHENAL PARKWAY AND NORTH OF KANIS ROAD, AND FOR OTHER MATTERS; (Re: Z -6029) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Adcock, which was seconded by Director Joyce, and 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. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Joyce and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and final reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Zoning Application Z -6019 filed by Marion Scott Foster, agent for Deltic Farm & Timber Company, to rezone 19.35 acres on the southwest corner of Chenal Parkway and proposed LaGrande Drive from 11R -2" Single - family District, 11C -2" Shopping Center District and "MF -24" Multifamily District to 110 -2" Office and Institutional District. The reclassification was approved by the Planning Commission on August 22, 1995. No one spoke in opposition to the rezoning and Ordinance No. 16,964 was presented, with the title being: Minutes September 19, 1995 201 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 -6019 - To rezone 19.35 acres, more or less, located at Chenal Parkway and LaGrande Drive [long legal description] from "R -2" Single- family District, "C -2" Shopping Center District and 'IMF-2411 Multifamily District to 110-2" Office and Institutional District.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Adcock, which was seconded by Director Joyce, and 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. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Joyce and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and final reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,490, adopted September 5, 1995, and notice thereof duly published in the Dailey Record on September 12, 1995, and September 19, 1995, on the petition filed by Attorney Guy Amsler on behalf of Minnesota Mining and Manufacturing Company (3M) to vacate a portion of the plat of Fairview Addition and certain streets therein. Attached to the petition was a certified copy of the plat of Fairview Addition on file in the Pulaski County Circuit Clerk's Office and a letter from Beach Abstract & Guaranty Company listing the last apparent owners of record of abutting property. The street closures and vacating the plat were approved by the Planning Commission on August 8, 1995. Mayor Dailey declared the public hearing opened. No one was present to speak in opposition and Mayor Dailey declared the public hearing closed. Ordinance No. 16,965 was then presented, with the title being: AN ORDINANCE VACATING A PORTION OF THE PLAT OF FAIRVIEW ADDITION TO THE CITY OF LITTLE ROCK AND CLOSING THE RIGHTS -OF -WAY OF CENTRAL AVENUE, OUACHITA AVENUE, PORTIONS OF THE RIGHT -OF -WAY OF FLORENCE AVENUE AND FAIRVIEW AVENUE AND CLOSING PORTIONS OF THE RIGHT -OF -WAY OF CENTER STREET, SPRING STREET, AND ALL OF THE RIGHT -OF -WAY OF BROADWAY STREET AND ARCH STREET IN FAIRVIEW ADDITION, ALL IN THE PLAT OF FAIRVIEW ADDITION TO THE CITY OF LITTLE ROCK; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Adcock, which was seconded by Director Joyce, and 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. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Joyce and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and final reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, 4 202 Minutes September 19, 1995 Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,491, adopted September 5, 1995, and notice thereof duly published in the Dailey Record on September 12, 1995, and September 19, 1995, on the petition filed by Mr. Joe White on behalf of Agape Church to vacate Turtle Creek Drive from the south right -of -way line of St. Charles Blvd. to the north property line of Lot 1, Agape Country Subdivision. Attached to the petition was a certified copy of the plat of Turtle Creek Addition on file in the Pulaski County Circuit Clerk's Office and a letter from Beach Abstract & Guaranty Company listing the last apparent owners of record of abutting property. The street closure was approved by the Planning Commission on August 8, 1995. Mayor Dailey declared the public hearing opened. No one was present to speak in opposition and Mayor Dailey declared the public hearing closed. Ordinance No. 16,966 was then presented, with the title being: AN ORDINANCE VACATING AND CLOSING A PORTION OF TURTLE CREEK DRIVE BETWEEN THE SOUTH RIGHT -OF -WAY LINE OF ST. CHARLES BLVD. AND THE NORTH LINE OF LOT 1, AGAPE COUNTRY SUBDIVISION IN TURTLE CREEK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Adcock, which was seconded by Director Joyce, and 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. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Joyce and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and final reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 9,492, adopted September 5, 1995, and notice thereof duly published in the Dailey Record on September 12, 1995, and September 19, 1995, on the petition filed by Mr. J. William Flowers, Deputy Airport Manager, via Assistant City Attorney Stephen Giles, on behalf of Little Rock National Airport to vacate portions of Bond Street and East Roosevelt Road in Bruce Industrial Acres Addition to the City of Little Rock. Mayor Dailey declared the public hearing opened. No one was present to speak in opposition and Mayor Dailey declared the public hearing closed. Ordinance No. 16,967 was then presented, with the title being: AN ORDINANCE VACATING AND CLOSING PORTIONS OF BOND STREET AND EAST ROOSEVELT ROAD IN BRUCE INDUSTRIAL ACRES ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Closing portions of Bond Street and East Roosevelt Road located west of Little Rock National Airport necessary to reestablish rights -of -way for Bond Street and the Union Pacific Railroad which were relocated to remove obstructions in the safety area of runway 4L.) and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Adcock, which was seconded by Director Joyce, and unanimously adopted by the Board Members present, being 5 Minutes September 19, 1995 203 eleven in number and two - thirds or more of the members of the Board of Directors - elect. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Joyce and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and final reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 16,968, entitled: AN ORDINANCE AUTHORIZING A FRANCHISE TO OTTER CREEK HOME OWNERS ASSOCIATION TO ERECT GATES AT WIMBLEDON LOOP AT BASELINE ROAD TO CLOSE PUBLIC VEHICULAR TRAFFIC DURING CERTAIN NIGHTTIME HOURS; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Adcock, which was seconded by Director Joyce, and 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. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Joyce and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and final reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 16,969, entitled: AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II OF THE LITTLE ROCK CITY CODE, 1988, PERTAINING TO LICENSE AND PRIVILEGE TAXES; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Adcock, which was seconded by Director Joyce, and 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. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Joyce and Adcock, respectively, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by the Board Members present, being eleven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and final reading of the Ordinance ensued. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Joyce, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 8; Noes - Directors Keck, Wyrick and Sharp - total 3; Absent - None. Whereupon, the Ordinance was declared PASSED. Zoning Application Z -6017 to rezone 4.995 acres on the south side of Baseline Road at its intersection with Verbena Drive was the next presentation. The application was filed by Mr. Fred J. Gray of the Hathaway Group, agent for the Wrape Family Charitable Trust, and the reclassification was approved by the Planning Commission on August 22, 1995. At the request of Director 2 204 Minutes September 19, 1995 Adcock, Mr. Gray explained the proposed development, and stated the developer /owner will be Frazier /Page, an Arkansas partnership comprised of Jim Frazier and Glen Page. No one spoke in opposition to the rezoning, and Ordinance No. 16,970 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -6017 - To rezone the south side of the 6800 block of Baseline Road from "R -2" Single- family District to 110 -3" General Office District.) and there was a first reading of the Ordinance. Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Joyce and 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 Keck, seconded by Director Adcock, to again suspend the rules and place the Ordinance on third and final reading, and 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. The Ordinance was then read the third and last time, and a roll call vote was taken on passage of the Ordinance with the results recorded as follows: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Zoning Application Z -6021, filed by Gregory Hopkins, agent for Gerald Martindill, et al, to rezone 5806 South University Avenue from "C -3" General Commercial District to "C -4" Open Display District. The reclassification was approved by the Planning Commission on August 22, 1995. No one spoke in opposition to the rezoning, and Ordinance No. 16,971 was presented, described as: 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 -6021 - To rezone 5806 South University Avenue [Lots 1 and 2, Whitwell Commercial Addition] from "C -3" General Commercial District to "C -4" Open Display District.) and there was a first reading of the Ordinance. Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Joyce and 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 Keck, seconded by Director Adcock, to again suspend the rules and place the Ordinance on third and final reading, and 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. The Ordinance was then read the third and last time, and a roll call vote was taken on passage of the Ordinance with the results recorded as follows: Ayes - Directors Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. 7 Minutes September 19, 1995 X05 Introduced next was Resolution No. 9,505, entitled: A RESOLUTION APPOINTING UNDERWRITERS FOR THE CITY OF LITTLE ROCK, ARKANSAS WASTE DISPOSAL REVENUE BONDS, SERIES 1995 ( "THE BONDS ") ; AND PROVIDING FOR OTHER MATTERS IN CONNECTION WITH THE ISSUANCE OF THE BONDS. (Appointing T. J. Raney /Morgan Keegan as underwriters.) In response to a question by Director Hodges, Attorney Ann Parker with the Mitchell Law Firm stated there is no connection between the 1995 bonds and the 1992/93 bond issue. Finance Director John Pryor responded to a question by Director Sharp, stating the amount of the bond issue is not known at this time because the project itself has not been completely defined, but there will be no rate increase until 1997, in accordance with the Board's previous Resolution. The Resolution was then read in full. There was a motion by Director Adcock to adopt the Resolution. The motion was seconded by Director Sharp and the Resolution was unanimously adopted. The next presentation was a proposed Ordinance, entitled: AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE SECTION 2 -243 (1988) TO CONFORM TO AMENDMENTS OF THE ARKANSAS CODE; TO RECOGNIZE ACCOUNTING SERVICES AS A PROFESSIONAL SERVICE FOR THE CITY OF LITTLE ROCK, ARKANSAS AND ITS VARIOUS BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time and left on the calendar for second reading on October 3, 1995. (City Attorney Tom Carpenter explained the Statute requires that for a professional service to be declared by the Board, it must occur in a public meeting and be read on two different occasions and must be approved by a two - thirds vote of the Board.) Introduced next was a proposed Ordinance entitled: AN ORDINANCE TO REQUIRE THAT THE SELECTION OF PROFESSIONAL SERVICES FOR RATE INCREASES AND BOND ISSUES BE MADE BY THE LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS; SETTING FORTH A PROCEDURE AND FOR OTHER PURPOSES; (Re: Outside agencies, boards or commissions with authority to issue bonds or make rate increases.) and the Ordinance was read the second time, having been read the first time on September 5, 1995. Director Hodges questioned City Attorney Tom Carpenter about how the committee is selected. Mr. Carpenter responded that under the Statute, the City Manager would be responsible for selecting the committee. If a Commission indicates a desire for a bond issue a Resolution would be adopted within that Commission (outside agencies - Water, Sewer, Airport, Port Authority and Advertising and Promotion), the City Manager would be notified, and he would then appoint a committee of five or seven members to set as a selection committee. A RFQ would be published, and when the response was received, the committee would make the selection. The City Manager would chair the underwriter selection committee and the City Attorney would chair the bond counsel selection committee. The Finance Director would serve on both selection committees. Director Kumpuris asked that representatives of the outside agencies attend the next meeting to make a statement regarding the selection of professional services. In response to a question by Director Mason, Mr. Carpenter responded that only certain boards and commissions have statutory authority to request bond issues. The proposed Ordinance remained on the calendar for third and final reading on October 3, 1995. 8 101 Re, Minutes September 19, 1995 Consideration was then given to Ordinance No. 16,972, with the title being: AN ORDINANCE TO DESIGNATE AN AMERICANS WITH DISABILITIES ACT CONSULTANT AS A PROFESSIONAL SERVICE, PURSUANT TO AUTHORITY GRANTED IN ACT 429 OF 1995; and the Ordinance was read the second time, with the first reading having occurred on September 5, 1995. There was a motion by Director Adcock, seconded by Director Sharp, to suspend the rules and place the Ordinance on third and final reading, and 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. 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 Keck, Joyce, Wyrick, Sharp, Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The next presentation was Resolution No. 9,506, described as: A RESOLUTION DIRECTING CITY STAFF TO PREPARE A REPORT FOR THE BOARD OF DIRECTORS OF THE ISSUES THAT NEED TO BE REVIEWED AND DISCUSSED IF THE CITY WISHES TO MAINTAIN THE CURRENT STRUCTURE OF THE LITTLE ROCK NATIONAL AIRPORT COMMISSION, WISHES TO ABOLISH THE COMMISSION, OR WISHES TO RECONSTITUTE THE COMMISSION; AND FOR OTHER PURPOSES. Director Hodges made a statement that he would abstain from discussing or voting on matters pertaining to Airport Commissioner Perlesta "Les" Hollingsworth, since he and Mr. Hollingsworth, in their capacities as attorneys, represent opposing litigants in a pending court case. (See Minutes of 8- 15 -95, 9 -5 -95 and 9- 12 -95.) In an effort to avoid even the appearance of a conflict of interest, Director Hodges decided to abstain from voting on the abolishment of the Airport Commission. City Attorney Tom Carpenter gave a brief overview of the Resolution. Director Keck asked that all options of privatization of the Airport operation be explored. There was a general agreement to add a phrase to Section 1(h) "and to explore all options including privatization of Airport operations." Mr. Carpenter asked that the record ref lect that the Board is quite aware that there are outstanding bond issues that have made contractual obligations to bond holders, that the City is always going to remain responsible for the Airport and its efficient management in order to assure that the bonds are repaid. Privatization takes that responsibility away from the City and essentially gives it to another entity. That is not your intention in looking at what is involved. The record should reflect that the Board of Directors would never do anything that would jeopardize the integrity of the bond issue. Director Adcock asked if the City Manager or City Attorney could be appointed to the Airport Commission as an interim appointment to fill the vacancy created by the resignation of Mr. Gaston Gibson. Mr. Carpenter responded that the vacancy created by the resignation of Mr. Gibson requires a aeronautical license. Mr. John Flake has an aeronautical rating but it is not current. So he really did not know the answer to that question. Director Wilson felt the appointment should be made from those that have applied. Mr. Robert "Say" McIntosh made a brief statement. Mr. Macy Butler, 5007 West 30th Street, spoke against the issue, saying don't lose sight of the priorities. Director Keck asked that Airport Manager Deborah Ledwell be given the opportunity to address the Board on this issue. Mrs. Ledwell read a prepared statement and responded to questions. Director Keck requested a copy of the Minutes of the Airport Commission meeting when they are available. Directors Sharp and Mason commended Mrs. Ledwell. 9