Loading...
12-05-95r.' Parkview Arts & Science Magnet High School 2501 John Barrow Road Little Rock, Arkansas December 5, 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 Mason, Adcock, Wilson, Hinton, Hodges, Keck, Joyce and Wyrick - total 8; Absent - Directors Sharp and Kumpuris - total 2. (Note: This was the last 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 Mason, followed by the Pledge of Allegiance. Mayor Dailey announced that Item 12 (re: BFI Landfill) on the Consent Agenda would be removed from the Consent Agenda and considered separately. The Consent Agenda was then presented, consisting of the following items: (1) Resolution No. 9,558, entitled: A RESOLUTION CHANGING THE NAME OF THAT PORTION OF VALLEY DRIVE FROM MABELVALE CUTOFF SOUTH TO YORKWOOD DRIVE TO EXCALIBUR DRIVE. (2) Resolution No. 9,559, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PROVIDE $106,100 IN HOME PROGRAM FUNDS TO LITTLE ROCK COMMUNITY MENTAL HEALTH CENTER FOR RENOVATION OF THE THREE (3) STRUCTURES AT 105 SOUTH BATTERY STREET. (3) Resolution No. 9,560, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PROVIDE $52,000 IN HOME FUNDS TO WOODRUFF COMMUNITY DEVELOPMENT CORPORATION FOR ACQUISITION OF THE LOT AT 2501 WEST 6TH STREET, HOUSE RELOCATION, REHABILITATION, AND SUBSEQUENT SALE OF THE STRUCTURE TO A LOW - INCOME FIRST TIME HOMEBUYER. (4) Resolution No. 9,561, entitled: A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON THE QUESTION OF THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD. (For improvements to the Riverfront Park amphitheater at LaHarpe Blvd. and East Markham Street.) (Public - hearing date - December 19, 1995.) Minutes December 5, 1995 ?93 (Sale of Tract E -3, Area 101 to Waste Management of Arkansas, Inc. for a recycling location.) and there was a full reading of the Resolution. Director Hinton moved for the adoption of the Resolution. The motion was seconded by Director Joyce, and the Resolution was unanimously adopted by the Board Members present. Item 32 on the Agenda was a continuation of the public hearing held on November 21, 1996, regarding a proposed Ordinance establishing a Code of Ethics for City Officials of the City of Little Rock, Arkansas. The first speaker was Ms. Paula Edwards, President of the American Federation of State, County and Municipal Employees (AFSCME) Council 38 and a member of the Little Rock New Party. She said the Ordinance is unfair because it allows City Directors who receive thousands of dollars in political contributions from businesses to vote on items that benefit the owners of these private for - profit companies. But it prohibits directors who are volunteer board members of non- profits from voting on contracts with these non - profits which are organized to improve life in the community. She urged the Board to remove language in the Ordinance defining non - profit organizations as business entities, and suggested that directors should recuse themselves only if they are employed by non - profits or if the contract with the City will create a job for them. She also urged the Board to include language which restricts the time which requires additional disclosure of campaign contributions and which limits the time period in which City Directors may begin collecting campaign contributions. Director Keck asked if there were any sample ethics ordinances available that also deal with the issue of Board Member and Staff relationships, what is considered proper and improper under the City Manager Form of Government. Since the Board has adopted a policy dealing with that issue, should that be part of the Code of Ethics? Director Hodges said he didn't recall anything that addressed that issue. City Attorney Tom Carpenter addressed the concern about the non- profit aspect of the Ordinance, what constitutes a conflict of interest, stating all this is requiring is that a person not vote on an issue that is self - dealing. Director Hodges said he has prepared a Resolution of intent to seek legislation that permits a local government to adopt certain campaign finance reforms for local elections. (See Resolution No. 9,571 below.) At this time the City Board does not have the authority to limit the time period for accepting campaign contributions. Following the lengthy discussion, Director Kumpuris asked that City Attorney Tom Carpenter read into the record the questions in the letter from Bill Bradshaw, Executive Director of the Arkansas Museum of Science and History, and to answer those questions. Mr. Carpenter said there are four concerns raised dealing with Section 5A of the Code. (1) The Museum Board has no decision - making authority over city actions, so why is it being held accountable for actions of the city as a whole; (2) if a Museum Trustee works for a large company, there is no way he or she can be aware of all possible interactions of his or her employer and the City of Little Rock; (3) if a Trustee is aware of discussions between a client or his or her employer and the city (for example, legal and tax issues), disclosure may require the Trustee to break confidentiality requirements of their clients; and (4) the city operations are so vast, keeping up with the city interactions of all family members of the Trustee will be impossible and would add a hardship on the entire family of a Museum Trustee. Mr. Carpenter's response: (1) if a Board Member is voting on a contract in which he would have a direct or indirect financial interest in the award of that contract, then he should abstain; (2) what is required is that the Board Member be aware of interactions between the employer and the Museum Board essentially; (3) two answers: (a) the City doesn't have any confidentiality situations in legal and tax issues, and (b) the issue has been changed in the last draft to disclosing the nature of the involvement and all it does is require abstention (do not 14 294 Minutes December 5, 1995 vote and do not participate in discussion); and (4) basically it says that if you know that your brother is about to get a chunk of change out of the contract, you don't need to be voting on it. Mr. Carpenter pointed out that the draft (11- 29 -95) has a Section 6 - ADVISORY OPINIONS and a bracketed Section 6 - OPINIONS ON CONFLICT OF INTEREST. The bracketed Section 6 was prepared to answer the concerns raised last week, and the Board needs to decide which Section 6 to include in the Ordinance. There was a motion by Director Hodges, seconded by Director Adcock, to adopt the Code of Ethics with the bracketed Section 6. The motion was unanimously adopted, and Ordinance No. 17,050 was _- presented, with the title being: AN ORDINANCE ESTABLISHING A CODE OF ETHICS FOR THE CITY OFFICIALS OF THE CITY OF LITTLE ROCK, ARKANSAS (CITY OF LITTLE ROCK CODE OF ETHICS); and the Ordinance was read the first time. The rules were suspended to provide for the second reading of the Ordinance, upon a motion by Director Keck, which was seconded by Director Adcock and unanimously adopted by the Board Members present, being ten 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 adopted unanimously by the Board Members present, being ten 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 - Mason, Kumpuris, Adcock, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 9; Noes - Director Wilson - total 1; Absent - Director Sharp - total 1. Therefore, the Ordinance was declared PASSED. Director Hodges moved to add his proposed Resolution (as referenced above) to the Agenda. The motion was seconded by Director Kumpuris and unanimously adopted. Therefore, Resolution No. 9,571 was presented, with the title being: A RESOLUTION OF INTENT TO SEEK LEGISLATION THAT PERMITS A LOCAL GOVERNMENT TO ADOPT CERTAIN CAMPAIGN FINANCE REFORMS FOR LOCAL ELECTIONS; AND FOR OTHER PURPOSES. Following the reading of the Resolution, there was a motion by Director Hodges, seconded by Director Keck, to adopt the Resolution. The Resolution was adopted unanimously by the Board Members present. The Addendum to the Agenda listed Items 32 -A and 32 -B dealing with the residency requirement for City employees. Consideration was then given to Item 32 -A, which was Resolution No. 9,572, entitled: A RESOLUTION TO REPEAL THE RESIDENCY REQUIREMENT FOR PERSONS SEEKING EMPLOYMENT WITH THE CITY OF LITTLE ROCK, ARKANSAS, AS SET FORTH IN LITTLE ROCK, ARK. RESOLUTION NO. 9,073 (JANUARY 4, 1994); AND FOR OTHER PURPOSES. (See Minutes of March 21, 1995 - pages 2 and 3.) City Manager Charles Nickerson made a staff report, stating he was in favor of the residency requirement and felt the benefits outweighed the disadvantages, but would support a county residency requirement as a compromise. He referred to a report from the Personnel Department (dated November 20, 1995), regarding a number of residency requirement issues. Personnel Director Britt Rice responded to questions by Director Adcock. Mr. Gene Tucker spoke in support of the Resolution, stating that 15 Minutes December 5, 1995 ?95 the residency requirement was not really justified and urged the Board to rescind that requirement. Mr. Stephen W. Taylor, a member of the Little Rock Fraternal Order of Police, was opposed to the residency requirement and to the expanded area residency. Speaking on behalf of the FOP, he urged the Board to give a vote of confidence to all City employees and repeal the residency requirement. He was upset about a comment made by a former Board Member that employees that live in the City care more about the City than employees that are not residents. Mr. Dale Charles was opposed to repealing or expanding the residency requirement. Ms. Mollie Wiseman read a letter from Johnny Pugh, State Chair of ACORN, urging the Board of Directors to keep the residency requirement. Ms. Paula Edwards said she was split on the issue of residency. Mr. Mike Daugherty felt that officers or employees would be a lot more sensitive to the issues if they lived in the City. Mr. John Lewellen urged the Board to give the residency requirement a chance. Mr. John Walker said he had mixed feelings about the residency requirement, but asked the Board to support retention of the residency requirement. Director Keck then spoke in support of the Resolution, saying there are enough incentives to encourage employees to reside within the City, but to mandate that they be residents was wrong. Following the lengthy discussion, there was a motion by Director Keck, seconded by Director Wyrick, to adopt the Resolution. Mayor Dailey said he would vote to repeal the residency requirement, and would support the Pulaski County residency proposal. A roll call vote was taken on adoption of the Resolution as follows: Ayes - Directors Mason, Kumpuris, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 7; Noes - Directors Adcock, Wilson and Hinton - total 3; Absent - Director Sharp - total 1. Whereupon, the Resolution was adopted. Item 33 -B on the Agenda was a Resolution to amend the residency requirement to provide that employees reside within the boundaries of Pulaski County. Since the residency requirement was repealed by Resolution No. 9,572 above, Director Adcock moved to amend the proposed Resolution "to impose residency requirement" and to delete the reference to Resolution No. 9,073 of January 4, 1995. The motion was seconded by Director Hinton. A roll call vote was taken on the motion to amend the proposed Resolution, with the vote recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, and Mayor Dailey - total 6; Noes - Directors Hodges, Keck, Joyce and Wyrick - total 4; Absent - Director Sharp - total 1. Therefore, the proposed Resolution was amended. Director Keck asked that the Board reconvene on Tuesday, December 11, 1995, to consider the Resolution imposing the Pulaski County residency requirement, in order that Board Members could study the impact of the proposed Resolution. (Attorney John Walker interrupted the discussion to inform the Board that as he left the building he was accosted by the police officer that spoke earlier, who confronted him about the comments he made before the Board of Directors. Mr. Walker said as a public citizen he had the right to appear before the Board of Directors and not be accosted by a police officer or anyone else as he started to leave after stating his point of view. Mayor Dailey asked City Manager Charles Nickerson to check into the matter.) Director Keck then moved that Item 33 -B - the Resolution imposing the Pulaski County residency requirement - be deferred until the reconvened meeting on Tuesday, December 12, 1995. The motion was seconded by Director Wilson. The roll call vote on the motion is recorded as follows: Ayes - Directors Mason, Kumpuris, Wilson, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 8; Noes - Directors Adcock and Hinton - total 2; Absent - Director Sharp - total 1. Therefore, the proposed Resolution imposing Pulaski County residency for City employees was deferred until Tuesday, December 12, 1995. 16 296 Minutes December 5, 1995 Consideration was then given to Item 34 which was a Resolution entitled: A RESOLUTION TO ESTABLISH A DEADLINE TO APPLY FOR POSITIONS ON BOARDS AND COMMISSIONS SELECTED BY THE LITTLE ROCK BOARD OF DIRECTORS; AND FOR OTHER PURPOSES. (Requiring that resumes and applications for an appointment to a vacancy on any City board or commission be submitted to the City Clerk by 5:00 P.M. on Wednesday immediately preceding the agenda session for the Board of Directors meeting at which such appointment is to be made. By majority vote before any session to consider appointments, the Board can announce its intent to consider an untimely application.) Director Adcock noted that Barbara Douglas, President of the Coalition of Little Rock Neighborhoods, had to leave the meeting but had provided Board Members with a letter in which she recommended that eight votes rather than a simple majority be required to consider late applicants. In response to Director Adcock's question regarding the deadline, Assistant City Clerk Vanessa Sykes stated that she needed a deadline for accepting resumes and applications in order to get the appointment information compiled and distributed to the Board in a timely manner, preferably two weeks before the scheduled appointment date. The problem with resumes coming in after the appointment packet is distributed is that there is no assurance that every Board Member has copies of the additional resumes when the Board goes into Executive Session to consider appointments. Some resumes are even submitted on the day of the Board Meeting. Following the reading of the Resolution, a roll call vote was taken on adoption of the Resolution as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Joyce and Wyrick - total 7; Noes - Directors Hodges, Keck and Mayor Dailey - total 3; Absent - Director Sharp - total 1. Whereupon, the Resolution was adopted. NOS: Item 34 on the Agenda was listed as a Resolution to establish a deadline to apply for positions on Boards and Commissions, and the Resolution was adopted. However, the next day the City Clerk realized the error on the Agenda, that it was an Ordinance instead of Resolution. City Attorney Tom Carpenter advised the City Clerk to let the record reflect the first reading of the Ordinance and have the second reading at the reconvened meeting on Tuesday, December 12, 1995. (Director Hodges objected to the reference in Mrs. Douglas' letter that Larry Lichty was inappropriately appointed to the Planning Commission [he submitted his resume on the day of the Board Meeting at which the appointment was made]. Director Hodges stated that prior to this action there had been no formal procedure or set guidelines for appointment to the Planning Commission.) At 11:05 o'clock P.M. the Board of Directors recessed to Executive Session to consider appointments to various Boards and Commissions. When the Board of Directors reconvened at 11:30 o'clock P.M., Mayor Dailey presided and all Directors were present except Director Sharp. Consideration was then given to Resolution No. 9,573, entitled: A RESOLUTION AUTHORIZING THE REINSTATEMENT OF PHYLLIS HODGES AND APPOINTING RHONDA ELIZABETH SHARP TO THE RACIAL AND CULTURAL DIVERSITY COMMISSION; and the Resolution was read in full. There was a motion by Director Adcock to adopt the Resolution. The motion was seconded by Director Mason and the Resolution was unanimously adopted. 17 Minutes December 5, 1995 l9 ! The last matter to be considered was Resolution No. 9,574 with the title being: A RESOLUTION APPOINTING MR. F. TAYLOR BROWN TO THE LITTLE ROCK NATIONAL AIRPORT COMMISSION; and the Resolution was read in full. There was a motion by Director Adcock to adopt the Resolution. The motion was seconded by Director Mason and the Resolution was unanimously adopted. ---- There being no further business to be presented, the Board of Directors recessed at 11:33 o'clock P.M. to reconvene on Tuesday, December 12, 1995 at 4:00 P.M. to consider: (1) settlement of a land use issue; (2) Pulaski County residency requirement for City employees, (3) reinstatement of Rebecca Finney to the Board of Adjustment, and (4) the second reading of Item 34 establishing a deadline to apply for positions on Boards and Commissions. ATTEST: APPROVED: ~ Qom., City Clerk Robbie Hancock a or Jim Dailey 18 Minutes December 5, 1995 281 (5) Resolution No. 91562, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $175,000 FROM THE 1995 CAPITAL IMPROVEMENT BOND FUND FOR THE CHILDREN'S ZOO PROJECT; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ARCHITECTURAL, ENGINEERING AND MARKETING SERVICES CONTRACT WITH CLR DESIGN, IN THE AMOUNT OF $155,300 TO PREPARE A MASTER PLAN AND A MARKETING PLAN FOR THE CHILDREN'S ZOO. (6) Resolution No. 91563, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $100,000 FROM THE 1995 CAPITAL IMPROVEMENT BOND FUND FOR THE STAGECOACH SOCCER COMPLEX; AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CARTER - BURGESS IN THE AMOUNT OF $87,380 FOR ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES FOR THE STAGECOACH SOCCER COMPLEX. (7) Resolution No. 9,564, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENGINEERING SERVICES CONTRACT WITH CDI CONSULTANTS, INC. FOR THE PRELIMINARY DESIGN OF THE RECONSTRUCTION OF 17TH, OAK AND MAPLE STREETS, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (8) Resolution No. 9,565, described as: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), THE CITIES OF LITTLE ROCK AND NORTH LITTLE ROCK, PULASKI COUNTY, AND THE PULASKI COUNTY ENTERPRISE COMMUNITY ALLIANCE. (9) Resolution No. 9,566, with the title being: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF AMERICAN FIBER INDUSTRIES, LLC TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 9501 Frazier Pike.) (10) Resolution No. 9,567, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF ARKANSAS SYSTEMS, INCORPORATED TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (To be located at Chenal Parkway and Systems Drive.) (11) Resolution No. 9,568, described as: A RESOLUTION AMENDING RESOLUTION NO. 9,319, TO CHANGE THE ALLOCATION OF OUR CLUB MONIES FROM HOOVER UNITED METHODIST CHURCH OUR CLUB SITE TO THE WATERSHED OUR CLUB SITE; AND FOR OTHER PURPOSES. Upon a motion by Director Adcock, which was seconded by Director Keck and unanimously adopted, the Consent Agenda was dispensed with as follows: (Items 1 through 11) Resolutions No. 9,558, 9,559, 9,560, 9,561, 9,562, 9,563, 9,564, 9,565, 9,566, 9,567, and 9,568 were read in full and adopted. (Director Kumpuris enrolled at 6:07 o'clock P.M.) Director Joyce presented a Certificate of Appreciation to the Westwood Neighborhood Alert Center Neighbors Make A Difference Clean -Up Committee. 282 Minutes December 5, 1995 Mr. Marvin Owens presented a plaque from the Pankey New Life Center to Mr. Bill Bunten, Director of Parks and Recreation, in appreciation for his assistance in providing tents, tables, and a concession stand for the Pankey Fair Day on October 21, 1995. Mr. Bryan Day gave a report on the very successful City of Little Rock 1996 United Way Campaign and introduced Mr. Leon Matthews, Executive Director of Pulaski County United Way, who spoke briefly to the Board of Directors. He expressed appreciation to the City of Little Rock employees for a 60% increase in contributions. Mr. Day then presented Certificates of Appreciation to the department coordinators that were present: David Lutz - Office of Management Support; Andre Bernard - General Services; Ellen Adcock - Public Works Department; John Hutchison - Police Department; Nancy Norton - Parks and Recreation; and Anthony Bell - Fleet Services. Three departments received special recognition: Finance Department had 93% of its employees participate; Parks & Recreation Department increased contributions by 104% and had a 300% increase in participation; Police Department had the highest contribution and raised over $10,000. John Pryor, Bill Bunten, and David Rowan accepted for the respective departments. At the time allotted for Citj speaker was Ms. Lula Watson, 506 i who addressed the Board of Dire Animal Control Division putting li of letting people adopt them. Sr bull puppies at the Animal Shelter but cannot because the City has ar adoption of pit bull dogs in the Dailey asked Assistant City Manage Director Chandra Russell to visit into changing the Ordinance. zen Communications, the first ennia, North Little Rock, AR, :tors about the Little Rock -tle animals to sleep instead e said there are several pit that she would like to adopt Ordinance that prohibits the City of Little Rock. Mayor r Cy Carney and Public Works with Mrs. Watson and to look The next speaker under Citizen Communications was Mr. Robert "Say" McIntosh. He said the people of Little Rock need to let the Little Rock School District know we want our kids to come first and that parents need to get involved. Mr. Charles Ring, Executive Director of the Arkansas Regional Minority Suppliers Council, spoke on the issue of the discrimination on Valley Drive. He commended the Board of Directors for changing the name of Valley Drive from Mabelvale Cutoff south to Yorkwood Drive. (See Resolution No. 9,558 above.) When he called a major pizza delivery business, he was told that it was corporate policy not to make deliveries on Valley Drive. He encouraged the Board to do the right thing in eliminating redlining, which denies minorities and disadvantaged people the opportunity for jobs, franchising and self empowerment. He volunteered to work with City leaders in making changes. Mayor Dailey suggested he contact the Little Rock Racial and Cultural Diversity Commission. Ms. Paula Edwards, President of the American Federation of State, County and Municipal Employees (AFSCME) Council 38 and a member of the Little Rock New Party, addressed the issue of the non - negotiations taking place with non - uniform employees. She said City Manager Charles Nickerson and Personnel Director Britt Rice emphasize that they want equality and fairness for the police and fire departments, but at the same time they close their minds when it comes to the non - uniformed employees. The status of the AFSCME contract is at a standstill. She said AFSCME was willing to negotiate a new contract but some ground rules would have to be established in case of an impasse, that if an agreement cannot be reached, it would go to FMCS, and then to an arbitrator. However, the City would not agree to the arbitrator. She concluded by asking the Board to assist in resolving this matter in a positive manner. Mayor Dailey asked 3 Minutes December 5, 1995 283 City Manager Charles Nickerson to provide the Board with a status report on this issue at the next Agenda meeting. Mr. Bennie Johnson was the next speaker under Citizen Communications. He spoke on the issue of black on black crime. He also asked the Mayor and Vice Mayor to investigate why Police Chief Lou Caudell "�is not promoting blacks p q an y police officers, stating "we need equality in the Police Department." Mayor Dailey asked the City Manager to provide Mr. Johnson with a copy of a report by Chief Caudell and the City Manager that resulted from the same questions Mr. Johnson asked. Consideration was then given to Item 12, which had been removed from the Consent Agenda to be considered separately, being Resolution No. 9,569, described as follows: A RESOLUTION EXPRESSING THE OPPOSITION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, TO AN APPLICATION FOR A PERMIT TO BFI, INC., TO OPERATE AN EXPANDED SOLID WASTE DISPOSAL FACILITY; AND FOR OTHER PURPOSES. The first speaker was Mr. Tom Boston, representing BFI (Browning Ferris Industries, Inc.), who spoke in opposition to the proposed Resolution and explained some of the issues. He said there is a lack of landfill disposal in the area and the facilities that BFI has been utilizing have asked them to either cut back or completely cease bringing waste to those facilities. He stated that businesses and industries check on disposal capacity when considering moving to an area. He also stated that BFI is willing to give back to the community by providing wildlife areas, similar to the one BFI has in Memphis. In conclusion he stated that BFI has covered all the environmental, technical, and regulatory aspects associated with the facility. The next speaker was Mr. Chuck Nestrud, attorney for BFI, who also spoke against the Resolution. He referred to his letter to the Board dated December 1, 1995, in which he outlined the issues. He asked Board Members to keep an open mind and listen only to the facts. He requested that emotional and legal arguments be supported by facts. Mr. Nestrud referred to the commitments that were made when the BFI property was annexed to the City of Little Rock as part of the Fourche Island Annexation on November 1, 1994 (see Ordinance No. 16, 771) , and the impact of the annexation on the BFI landfill. He said that at that time he was told the landfill would come in as a non - conforming use and no rezoning would be required to allow BFI continuous operation. BFI could expand within the current boundaries and not be in violation of the non - conforming use ordinance. (See Minutes of 11- 1 -94.) He stated that from the time of the annexation, the Public Works Department has expressed some concern over the loss of flood storage capacity as a result of landfill operations that were conducted at the facility prior to BFI acquiring the property (formerly the Worth James Landfill). In response to that concern, BFI designed its expansion to add over 600 acre feet of flood storage capacity to the flood zone in that area. This expansion will not have an adverse effect on the flood storage capacity. He concluded by urging the Board to investigate the facts before voting on the Resolution. Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, spoke in support of the Resolution. She said the City should get in writing exactly what BFI is willing to do, in support of the Fourche Wetlands Park. She concluded by asking the Board to look at the total picture and vote for the Resolution. Also speaking in opposition was Mr. Charles Coleman, representing his father, W. C. Buddy Coleman, who owns 118 acres directly across Mabelvale Pike from the BFI Landfill, and Associated Milk Producers, which owns 9 acres of contiguous property in the same area. He said the last time he was before the Board he set forth 6 areas where BFI had failed to comply with regulations and these were serious violations per PC &E. He urged the Board to vote for the Resolution. Mrs. Joa Humphrey, a resident of southwest Little 0 284 Minutes December 5, 1995 Rock, stated she was very disturbed about the landfill in the middle of the floodway. She stated that she and her neighbors for 23 years have done everything they could do to get rid of the landfill. She appealed to the Board to pass the Resolution. Mr. Hugh Earnest, 212 Kingsrow, also asked the Board to vote for the Resolution and stop the landfill expansion. During a lengthy discussion, Planning Director Jim Lawson, Public Works Director Chandra Russell, and City Attorney Tom Carpenter responded to questions by Director Keck. Responding to Director Keck's question regarding the public comment time before the Department of Pollution Control and Ecology, Director Joyce stated that the public comment time did expire at 4:30 on this date, but following the Agenda meeting, a copy of the Board's intention to oppose the application was sent to PC &E, and if the Resolution is adopted, a copy of it will be forwarded to PC &E. She stated that at the time of the annexation, there was no opposition from the community, because the annexation was the only issue. During the lengthy discussion, the issue of breach of faith was mentioned. Mr. Boston and Mr. Nestrud felt, since BFI had explained their plans for expansion at the time of the annexation and had been working with staff since that time, that the City was not opposed to the expansion. Director Joyce stated the decision will be made by PC &E; this is just an expression of opposition by the Board of Directors. Following the lengthy discussion, the Resolution was read. There was a motion by Director Adcock, seconded by Director Joyce, to adopt the Resolution, and the Resolution was adopted by the following voice vote: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Joyce, Wyrick, and Mayor Dailey - total 9; Noes - None; Abstained - Director Keck - total 1; Absent - Director Sharp - total 1. The next presentation was a proposed Ordinance, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE I -430 DISTRICT, NORTHWEST OF KANIS AND SHACKLEFORD ROADS, CHANGING AN AREA FROM OFFICE TO COMMERCIAL USE, AND FOR OTHER MATTERS. (Re: Z- 3206 -A) There was a staff briefing by Mr. Jim Lawson, Director of Neighborhoods and Planning, who explained the request to amend the Land Use Plan, displayed maps, and stated the concerns of Staff. The LUP shows an office corridor and the move from office to commercial would generate three times more traffic which would have a definite impact on the area. Staff supports the Plan which shows Office use and recommends denial of the request to change the Land Use Plan. Mr. Lawson and Public Works Director Chandra Russell responded to questions by the Board of Directors. Director Kumpuris stated he had been advised by City Attorney Tom Carter that he should acknowledge that David Jones, Robert Vogel and Ron Hughes were his friends and he has some dealings on other things with Robert Vogel. Director Mason asked for a legal opinion regarding the fact that Mr. Jones and Mr. Vogel both contributed to his campaign - would it be a conflict of interest for him to vote on this issue? Mr. Carpenter responded that campaign contributions would not constitute a conflict of interest. Mr. David Jones, Vogel -Jones Realty, explained the request for the Land Use Plan amendment and the related zoning reclassification of the 6 acres on the north side of the 11000 block of Kanis Road (Z- 3206 -A). He felt this was a non- controversial issue, and noted that the Planning Commission voted 9 -0 in support of the application. In response to a question by Director Adcock, Mr. Jones said they did not have a specific plan for the property at this time, but it would be marketed for the purposes of a type of retail shopping center much like that at Bowman Curve. Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, spoke in opposition to the two Ordinances, and urged the Board to stick with the Land Use Plan. Mr. Jim Lynch, speaking as an officer of the Coalition of Little Rock Neighborhoods and a member of the New Party, read a prepared k4 Minutes December 5, 1995 285 statement in which he stated this rezoning application is a classic example of what the Coalition of Neighborhoods has been insisting is a chief barrier to a better city for everyone. The Coalition wishes to create quality neighborhoods all across Little Rock and new growth must be balanced with all other competing demands for'}public funds. This' isr another chapter in the continuing story to relocate Little Rock from east -to -west. Mr. Lynch also felt it was a conflict of interest for the two directors to vote on this issue. Ms. Sally Goodfellow, speaking in opposition, asked "where is the vision for the City of Little Rock? because this rezoning is directly tied to that question" and urged the Board to stand behind the Land Use Plan. Director Hodges questioned why the Planning Commission did not make a recommendation regarding the Land Use Plan. The Planning Commission Minutes state, "When asked about a plan amendment, the Commission proposed not to change the Plan. It was the Commission's wish to wait until after the City Board acted, to decide if and how to change the Plan." Director Hodges felt this was a crucial issue and that the Board should support Staff. Following the lengthy discussion, the Ordinance was read the first time. There was a motion by Director Adcock 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 ten 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 Adcock and Mason, respectively, to again suspend the rules and place the Ordinance on third and final reading. Director Keck asked that the Ordinance be held in order that he might have the opportunity to review the Chenal traffic study and its impact on the area. A roll call vote was taken on the suspension of the rules as follows: Ayes - Directors Mason, Adcock, Wilson, Hinton, and Joyce - total 5; Noes - Directors Kumpuris, Hodges, Keck, Wyrick and Mayor Dailey - total 5; Absent - Director Sharp - total 1. The suspension of the rules failed to receive the required two - thirds vote, therefore, the Ordinance was left on the calendar for third and final reading on December 19, 1995. Introduced next was the related proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z- 3206 -A - To rezone 6.002 acres on the north side of 11000 block of Kanis Road from 110-3" General Office District to 11C -2" Shopping Center District.) and the Ordinance was read the first time. (See discussion related to previous item.) There was a motion by Director Adcock 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 ten 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 Adcock and Mason, respectively, to again suspend the rules and place the Ordinance on third and final reading. Director Keck asked that the Ordinance be held in order that he might have the opportunity to review the Chenal traffic study and its impact on the area. A roll call vote was taken on the suspension of the rules as follows: Ayes - Directors Mason, Adcock, Wilson, Hinton, and Joyce - total 5; Noes - Directors Kumpuris, Hodges, Keck, Wyrick and Mayor Dailey - total 5; Absent - Director Sharp - total 1. The suspension of the rules failed to receive the required two - thirds vote, therefore, the Ordinance was left on the calendar for third and final reading on December 19, 1995. 9 286 Minutes December 5, 1995 At 8:50 o'clock P.M. Mayor Dailey declared a ten minute recess. When the Board of Directors reconvened at 9:00 o'clock P.M., Mayor Dailey presided and all Directors were present except Director Sharp. A public hearing had been scheduled for this time and place by Resolution No. 9,556, adopted November 21, 1995, on the issuance of Waste Disposal Revenue Bonds for construction of a waste disposal system for the City of Little Rock. Notice of hearing was duly published in the Arkansas Democrat Gazette on November 23, 1995. Mayor Dailey declared the public hearing open. No one was present who wished to speak on the matter; therefore, Mayor Dailey declared the public hearing closed. Consideration was then given to Ordinance No. 17,036, (Item 29), with the title being: AN ORDINANCE AUTHORIZING THE CONSTRUCTION OF BETTERMENTS AND IMPROVEMENTS TO THE WASTE DISPOSAL SYSTEM OF THE CITY; AUTHORIZING ISSUANCE AND SALE OF WASTE DISPOSAL REVENUE BONDS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. The rules were suspended and the Ordinance placed on second reading upon a motion by Director Mason, which was seconded by Director Hinton and unanimously adopted by the Board Members present, being ten 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 Adcock and Joyce, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. The Emergency Clause contained in Section 41 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. Therefore, the Ordinance, together with the Emergency Section, was then declared PASSED. The next presentation was Ordinance No. 17,037, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE OTTER CREEK DISTRICT, CHANGING AN AREA EAST OF I -430, EITHER SIDE OF BASELINE ROAD FROM MIXED OFFICE WAREHOUSE TO MIXED OFFICE INDUSTRIAL AND FOR OTHER MATTERS; 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 ten 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 Adcock and Wilson, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last 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 7 Minutes December 5, 1995 287 Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, and Mayor Dailey - total 9; Noes - None; Abstentions - Director Wyrick - total 1; Absent - Director Sharp - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,038, 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- 5228 -A - To rezone 11409 Baseline Road from "R -2" Single Family District to "I -2" Light Industrial 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 ten 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 Adcock and Wilson, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last 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 Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, and Mayor Dailey - total 9; Noes - None; Abstentions - Director Wyrick - total 1; Absent - Director Sharp - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,039, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE CHENAL DISTRICT, NORTH OF CHENAL PARKWAY AND EAST OF KIRK ROAD, FROM MULTIFAMILY, SUBURBAN OFFICE AND NEIGHBORHOOD COMMERCIAL TO SINGLE FAMILY NEIGHBORHOOD COMMERCIAL AND SUBURBAN OFFICE AND FOR OTHER MATTERS; (Re: Z- 5991 -A.) 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 ten 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 Adcock and Wilson, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last 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 Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,040, with the title being: AN ORDINANCE RECLASSIFYING PROPERTIES 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; 8 1 r•• Minutes December 5, 1995 (2- 5991 -A - To rezone 45 acres in Wellington Village, located west of Villages of Wellington, from various classifications to 110-1" Quiet Office, 110-2" Office and Institutional, "C -1" Neighborhood Commercial, 'IMF-1811 Multifamily, and "R -2" Single - family 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 ten 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 Adcock and Wilson, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last 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 Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,041, entitled: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE GEYER SPRINGS WEST DISTRICT, CHANGING AN AREA FROM SINGLE FAMILY TO MIXED USE AND FOR OTHER MATTERS; (Re: Z- 5715 -B) 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 ten 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 Adcock and Wilson, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last 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 Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,042, with the title being: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED DEVELOPMENT - OFFICE DISTRICT TITLED DIAN HICKS SHORT -FORM PD -O (Z- 5715 -B) , AND LOCATED AT 6420 MABELVALE CUT -OFF, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; 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 ten 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 Adcock and Wilson, 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 ten in number and 4 Minutes December 5, 1995 289 { two - thirds or more of the members of the Board of Directors - elect, and the third and last 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 Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor _Dailey - total 10; Noes — None; Absent - Director Sharp - total'1. Whereupon, the `Ordinance was declared PASSED. The next presentation was Ordinance No. 17,043, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE RODNEY PARHAM DISTRICT, CHANGING AN AREA WEST OF GREEN MOUNTAIN ROAD AND SOUTH OF ETHAN ALLAN, FROM SINGLE FAMILY TO MULTIFAMILY USE AND FOR OTHER MATTERS; (RE: Z- 6059.) 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 ten 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 Adcock and Wilson, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last 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 Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,044, entitled: AN ORDINANCE APPROVING A PLANNED DEVELOPMENT AND ESTABLISHING A PLANNED DEVELOPMENT - RESIDENTIAL DISTRICT TITLED CHARNLEY ADDITION SHORT -FORM PD -R (Z- 6059), AND LOCATED ON THE WEST SIDE OF GREEN MOUNTAIN DRIVE, APPROXIMATELY ONE - QUARTER MILE NORTH OF MARA LYNN ROAD, IMMEDIATELY SOUTH OF THE ETHAN ALLEN DRIVE INTERSECTION, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; 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 ten 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 Adcock and Wilson, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last 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 Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. Whereupon, the Ordinance was declared PASSED. 10 290 Minutes December 5, 1995 Item 24 on the Agenda was a proposed Ordinance providing for a waiver from the requirement to dedicate additional right -of -way for a right turn lane on Chenal Parkway and other issues concerning the 1990 approval for One Source Home Center Amended Long Form PCD, located at 15707 Chenal Parkway. At the request of City Attorney Tom Carpenter, the Ordinance was deferred until December 19, 1995. Consideration was then given to Ordinance No. 17,045, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL FROM THE REQUIREMENT TO PROVIDE ON -SITE STORMWATER DETENTION, FOR ARKANSAS SYSTEMS CORPORATE OFFICE PARK (Z- 6015), LOCATED ON THE EAST SIDE OF CHENAL PARKWAY, APPROXIMATELY ONE -HALF MILE NORTH OF THE WEST KANIS ROAD INTERSECTION, 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 ten 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 Adcock and Wilson, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last 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 Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,046, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OR ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A VARIANCE FROM THE REQUIREMENT THAT THE INTERNAL PRIVATE DRIVE MEET PUBLIC COLLECTOR STREET DESIGN STANDARDS AND HAVE SIDEWALKS ALONG BOTH SIDES OF THE DRIVE, FOR ARKANSAS SYSTEMS CORPORATE OFFICE PARK (Z- 6015), LOCATED ON THE EAST SIDE OF CHENAL PARKWAY, APPROXIMATELY ONE -HALF MILE NORTH OF THE WEST KANIS ROAD INTERSECTION, 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 ten 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 Adcock and Wilson, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last 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 Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. Whereupon, the Ordinance was declared PASSED. 11 Minutes December 5, 1995 X91 Introduced next was Ordinance No. 17,047, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF STREET IMPROVEMENTS TO WEST LOOP /OUTERLOOP AND LAWSON ROAD FOR THE CRYSTAL HILL BAPTIST CHURCH LOCATED AT, 18824 CRYSTAL VALLEY ROAD (Z- 6053); 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 ten 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 Adcock and Wilson, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last 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 Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,048, with the title being: AN ORDINANCE APPOINTING A SUBSTITUTE COMMISSIONER OF MABELVALE- ALEXANDER SEWER IMPROVEMENT DISTRICT NO. 142 OF LITTLE ROCK, ARKANSAS; AND OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; (Appointing Ronald R. Pierce to replace Everett Rowland.) 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 ten 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 Adcock and Wilson, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last 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 Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Keck, Joyce, Wyrick, and Mayor Dailey - total 10; Noes - None; Absent - Director Sharp - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. The next presentation was Ordinance No. 17,049, with the title being: AN ORDINANCE AMENDING THE MASTER STREET PLAN OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A DEFERRAL OF STREET IMPROVEMENTS TO NAPA VALLEY ROAD FOR THE AGAPE CHURCH LOCATED AT 701 NAPA VALLEY ROAD (Z- 3789 -F); 12 292 Minutes December 5, 1995 (Z- 3789 -F - Allowing construction of an additional parking lot to be located on Agape Church property at 701 Napa Valley Road; and deferral of one -half of minor arterial street improvements along east side of Napa Valley Road for a distance of 580 ft. adjacent to site. Improvements deferred until such time as traffic safety demands, not to exceed three years from date of issuance of building permit for the additional parking lot.) Mayor Dailey referred to a letter from Pastor Happy Caldwell of Agape Church requesting a full waiver of the street improvements, rather than the one year deferral, because the street improvements would require the church to tear out the entire front of the church property, gates, etc. (Note: The Ordinance as presented was for a 12 month deferral.) Mr. Jim Bowers of Agape Church, said the Church complied with the Master Street Plan in 1983 by widening the street to four lanes, but now the City is asking them to build a fifth lane for a turn lane. This would require them to tear out the gates and move the entrances back. He felt this was premature and should be dealt with at some future expansion. He said the estimated cost for widening the street would be $25,000 and had no idea of the cost to remove the gates. Mr. Tim Daters, Consulting Engineer, said the one year deferral was not enough time. Public Works Director Chandra Russell then explained the parking situation, the traffic problems, and the need for the turn lane. She noted that the Planning Commission voted to deny the waiver and had a split decision of 5 -5 on the deferral. Mrs. Russell was agreeable to a time extension. Staff doesn't want to create a financial hardship, but from a safety standpoint, the turn lane is extremely warranted. According to Public Works studies, there is 11 ft. between the back of the curb and the edge of the sidewalk, which would accommodate the additional pavement without having to relocate the gates. She then responded to questions by the Board. Following the discussion, there was a motion by Director Hodges, seconded by Director Hinton, to amend the Ordinance to provide for a three year deferral unless warranted sooner for -- safety reasons. The motion was adopted by a voice vote of 9 ayes and 1 no (Director Keck). The Ordinance, as amended, was then read the first time. There was a motion by Director Adcock, seconded by Director Wilson, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being ten in number and 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 and second by Directors Adcock and Joyce, 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 ten in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Mason, Kumpuris, Adcock, Wilson, Hinton, Hodges, Joyce, Wyrick, and Mayor Dailey - total 9; Noes - Director Keck - total 1; Absent - Director Sharp - total 1. Therefore, the Ordinance was declared PASSED. Item 30 on the Agenda was a proposed Resolution entitled: "A RESOLUTION TO STATE THE INTENT OF THE BOARD OF DIRECTORS TO ASSURE THAT ANY FUNDS EXPENDED BY THE YOUTH TASK FORCE BE FOR PROJECTS AVAILABLE TO ALL INTERESTED PERSONS REGARDLESS OF RACE, COLOR, CREED, NATIONAL ORIGIN, OR ECONOMIC CIRCUMSTANCES; AND FOR OTHER PURPOSES" which was deferred until the next meeting due to the absence of Director Sharp, who proposed the Resolution. Item 31 was Resolution No. 9,570, with the title being: A RESOLUTION AUTHORIZING THE SALE OF CERTAIN PROPERTY LOCATED IN THE LITTLE ROCK PORT INDUSTRIAL PARK; AND FOR OTHER PURPOSES. 13