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05-20-97Minutes May 20, 1997 X27 (4) Resolution No. 9,990, described as: A RESOLUTION EXTENDING THE EXISTING INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND GRANT COUNTY, GRANTING THE LITTLE ROCK AMBULANCE AUTHORITY ( "LRAA ") DB /A METROPOLITAN EMERGENCY MEDICAL SERVICES ( "MEMS ") AN EXCLUSIVE FRANCHISE TO PROVIDE AMBULANCE SERVICES TO GRANT COUNTY, ARKANSAS; AND FOR OTHER PURPOSES. (5) Resolution No. 9,991, with the title being: A RESOLUTION EXTENDING THE EXISTING INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND THE CITY OF LONOKE, ARKANSAS, GRANTING THE LITTLE ROCK AMBULANCE AUTHORITY ( "LRAA ") DB /A METROPOLITAN EMERGENCY MEDICAL SERVICES ( "MEMS ") AN EXCLUSIVE FRANCHISE TO PROVIDE AMBULANCE SERVICES TO THE CITY OF LONOKE, ARKANSAS; AND FOR OTHER PURPOSES. (6) Resolution No. 9,992, described as: A RESOLUTION EXTENDING THE EXISTING INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND THE CITY OF SHERIDAN, ARKANSAS, GRANTING THE LITTLE ROCK AMBULANCE AUTHORITY ( "LRAA ") D /B /A METROPOLITAN EMERGENCY MEDICAL SERVICES ( "MEMS ") AN EXCLUSIVE FRANCHISE TO PROVIDE AMBULANCE SERVICES TO THE CITY OF SHERIDAN, ARKANSAS; AND FOR OTHER PURPOSES. (7) Resolution No. 9,993, entitled: A RESOLUTION AMENDING LITTLE ROCK RES. NO. 9,488 AUTHORIZING AN EXTENSION OF THE INTERLOCAL AGREEMENT BETWEEN THE CITIES OF LITTLE ROCK AND MAUMELLE FOR MEMS AMBULANCE SERVICE, TO CLARIFY "AMBULANCE SERVICE "; AND FOR OTHER PURPOSES. (8) Resolution No. 9,994, with the title being: A RESOLUTION AMENDING LITTLE ROCK RES. NO. 9,760 AUTHORIZING AN EXTENSION OF THE INTERLOCAL AGREEMENT BETWEEN THE CITIES OF LITTLE ROCK AND NORTH LITTLE ROCK FOR MEMS AMBULANCE SERVICE, TO CLARIFY "AMBULANCE SERVICE "; AND FOR OTHER PURPOSES. (9) Resolution No. 9,995, described as: A RESOLUTION AMENDING LITTLE ROCK RES. NO. 9,485 AUTHORIZING AN EXTENSION OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND PULASKI COUNTY FOR MEMS AMBULANCE SERVICE, TO CLARIFY "AMBULANCE SERVICE "; AND FOR OTHER PURPOSES. (10) Resolution No. 9,996, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO GENE SUMMERS CONSTRUCTION, INC. FOR CONSTRUCTION OF IMPROVEMENTS TO WEST 26TH STREET FROM ABIGAIL TO JEFFERSON, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $196,900) 2 Minutes May 20, 1997 737 Board of Directors, 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 vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,494, described as: AN ORDINANCE APPROPRIATING FUNDS FOR THE MUNICIPAL COURTS PROBATIONARY SUPERVISION GRANT MATCH. ($39,305 from the 1996 General Fund Carryover Account to the FY 1997 Drug Law Enforcement Program Grant Fund.) The Ordinance was read the first time. Director Adcock questioned the use of interest earnings in Fund 303. City Manager Charles Nickerson said the funds should more appropriately come from the General Fund and the Ordinance will be revised accordingly. There was a motion by Director Adcock, seconded by Director Keck, 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second to suspend the rules to provide for the third and final reading of the Ordinance. The motion was made by Director Cazort, 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, 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 vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Item 30 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE ESTABLISHING STANDARDS AND SPECIFICATIONS FOR RESTORATION OF EXCAVATION AND CUTS IN STREET OR ALLEY RIGHT -OF -WAY; PROVIDING FOR A PERMIT PROCESS AND FEES FOR MAKING EXCAVATION AND CUTS WITHIN THE RIGHT -OF -WAY; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF SAME; AND FOR OTHER PURPOSES, which was removed from the Agenda and deferred to June 3, 1997. Consideration was then given to a proposed Ordinance described as: AN ORDINANCE TO AMEND CHAPTER 14 OF THE LITTLE ROCK CODE TO ADD REGULATIONS OF THE USE OF TOBACCO PRODUCTS BY MINORS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; Ms. Patty McLean, speaking on behalf of the Coalition for Tobacco Free Kids, said that on February 8, 1997, she joined with the Arkansas Health Department in conducting a compliance check using students from the Little Rock School District ranging in ages from 12 to 16 for the purpose of going into various stores in Little Rock to purchase cigarettes and other tobacco products. Those kids made 51 attempts to purchase these products and they were successful 45 percent of the time. The 14 year old student that accompanied Ms. McLean was able to make a purchase six out of seven times. Mr. Ingeman Strigil, a member of the Coalition for Tobacco Free Kids, read a statement on behalf of Dr. David Bourne, Director of Preventive Health for the Arkansas Department of Health, who urged the Board to vote for the two tobacco ordinances. Dr. Craig Stotts, a scientist in the field of cancer prevention at UAMS, stated that for the last 15 years his research has been focused on tobacco use. He has a project in the City of Little Rock funded by MIH that attempts to help kids quit using spit tobacco. He was supportive of the Mayor's initiatives. Director Cazort stated that he had a number of amendments that 11 738 Minutes May 20, 1997 he would like to make to the two tobacco ordinances before the first reading, but due to the late hour he requested that the Board recess the meeting until Tuesday, May 27, 1997, at which time he would introduce his amendments. Therefore, the Ordinance was left on the calendar for first reading at the reconvened meeting on May 27, 1997. The next presentation was a proposed Ordinance entitled: AN ORDINANCE TO ESTABLISH AN OCCUPATIONAL TAX FOR BUSINESSES THAT SELL TOBACCO PRODUCTS TO ADULTS; TO ESTABLISH PENALTIES FOR VIOLATION OF THE ORDINANCE; AND FOR OTHER PURPOSES. See discussion above which related to both Ordinances regarding tobacco products. At the request of Director Cazort, the Ordinance was left on the calendar for first reading at the reconvened meeting on May 27, 1997. At the time allotted for Citizen Communications, the only speaker was Mr. Muskie Harris, a member of the Central High Property Owners Association, who asked for the Board's support in getting signage on I -630 denoting Central High National Historic Site. There being no further business to be presented, the Board of Directors recessed at 10:45 o'clock P.M. to reconvene at 4:00 P.M. on Tuesday, May 27, 1997, to discuss the two proposed tobacco ordinances. ATTEST: APPROVED: ci. City Clerk Robbie Hancock ayor Jim Dailey 12 Minutes May 20, 1997 729 (11) Resolution No. 9,997, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO LAMBERT CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION OF IMPROVEMENTS TO STANTON ROAD FROM I -30 TO BASELINE ROAD, A 1988 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $61 S, 082) (12) Resolution No. 9,998, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO JOYNER - FORD -BURKE CONSTRUCTION COMPANY FOR CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN CLOVERDALE SUBDIVISION -PHASE II, A 1995 CAPITAL IMPROVEMENT BOND PROJECT. (Not to exceed $2,140,609.) Upon a motion by Director Adcock, which was seconded by Director Cazort and unanimously adopted, the Consent Agenda was dispensed with as follows: (1) The Minutes of July 16, 1996, July 23, 1996, and July 30, 1996 were approved as written and distributed to the Board of Directors; and (2, 4, 5, 6, 7, 8, 9, 10, 11 and 12) Resolutions No. 9,989, 9,990, 9,991, 9,992, 9,993, 9,994, 9,995, 9,996, 9,997, and 9,998 were read in full and unanimously adopted by the Board Members present. (Note: Item 3 was deferred until June 3, 1997.) Item 31 on the Agenda was a proposed Ordinance, entitled: AN ORDINANCE GRANTING A UTILITY FRANCHISE TO ALLTEL; The Ordinance was read the first time and left on the calendar for second reading on June 3, 1997. The next presentation was Ordinance No. 17,480, described as: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (ORDINANCE NO. 16,222) IN THE GEYER SPRINGS EAST PLANNING DISTRICT AT THE INTERSECTION OF STANTON ROAD AND THE INTERSTATE 30 FRONTAGE ROAD; FROM MIXED OFFICE INDUSTRIAL TO COMMERCIAL; (Re: Z -6266 - 8001 I -30.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Cazort, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Cazort, 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 nine in number and two - thirds or more of the members of the Board of Directors, 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 vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent- Directors Wilson and Keck - total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Zoning Application Z -6266 to rezone .33 acres at 80011-30 from "R -2" Single Family District to "C -3" General Commercial District. The application was filed by Mr. Jim Hill on behalf of W. L. Huffstutlar, and approved by the Planning Commission on April 17, 1997. Ordinance No. 17,481 was presented, with the title being: 3 730 Minutes May 20, 1997 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 -6266 - To rezone 8001 Interstate 30 from "R -2" Single Family District to "C -3" General Commercial District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Cazort, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Cazort, 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 nine in number and two- thirds or more of the members of the Board of Directors, 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 vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent- Directors Wilson and Keck - total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Zoning Application Z -6282 to rezone .41 acres at 3914- 3918 -3822 West 12th Street from "R -3" Single Family District to "C -3" General Commercial District. The application was filed by Donna Dayer and approved by the Planning Commission on April 17, 1997. Introduced was Ordinance No. 17,482, 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 -6282 - To rezone 3914, 3918 and 3922 West 12th Street [Lots 7, 8, and 9, Block 14, Forest Hill Addition] from "R -3" Single Family District to "C -3" General Commercial District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Cazort, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Cazort, 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 nine in number and two - thirds or more of the members of the Board of Directors, 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 vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent- Directors Wilson and Keck - total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,483 described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF RIGHT -OF -WAY REQUIREMENT FOR FOREST HILL ADDITION, LOT 7, BLOCK 14 (Z -6282) LOCATED AT 3922 WEST 12TH STREET. 4 ? 31. Minutes May 20, 1997 and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Cazort, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Cazort, 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 nine in number and two- thirds or more of the members of the Board of Directors, 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 vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent- Directors Wilson and Keck - total 2. Whereupon, the Ordinance was declared PASSED. Zoning Application Z -6283 filed by Melanie Gibson on behalf of Southwestern Bell Telephone Company was then presented. The reclassification of 2.7 acres at 11121 West Markham Street from "R -2" Single Family District to "C -3" General Commercial and "OS" Open Space Districts, was approved by the Planning Commission on April 17, 1997. Ordinance No. 17,484 was introduced, 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 -6283 - To rezone property at 11121 West Markham Street from "R -2" Single Family District to "C -3" General Commercial and "OS" Open Space Districts.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Cazort, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Cazort, 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 nine in number and two- thirds or more of the members of the Board of Directors, 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 vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent- Directors Wilson and Keck - total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Zoning Application Z -6284 to rezone property north of Southwest Hospital at I -30 and I -430 from "R -2" Single Family and "C -2" Shopping Center Districts to "C -3" General Commercial District. The application was filed by Patrick McGetrick on behalf of Safecare Company, Inc. and approved by the Planning Commission on April 17, 1997. Ordinance No. 17,485 was introduced, 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 -6284 - To rezone 11.03 acres located north of Southwest Hospital at I -30 and I- 430 [long legal description] from "R -2" Single Family and "C -2" Shopping Center Districts to "C -3" General Commercial District.) and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Cazort, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being 5 732 Minutes May 20, 1997 nine in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Cazort, 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 nine in number and two- thirds or more of the members of the Board of Directors, 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 vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent- Directors Wilson and Keck - total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,486 described as: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF BOUNDARY STREET IN -LIEU CONTRIBUTION FOR IRONWOOD FAMILY FUN PARK (Z -6178) LOCATED AT 9222 STAGECOACH ROAD. and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Cazort, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Adcock and Cazort, 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 nine in number and two- thirds or more of the members of the Board of Directors, 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 vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent- Directors Wilson and Keck - total 2. Whereupon, the Ordinance was declared PASSED. Introduced next Ordinance No. 17,487, with the title being: AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE I -430 DISTRICT, NORTH OF CHENAL PARKWAY BETWEEN BOWMAN AND AUTUMN ROADS FROM OFFICE TO COMMERCIAL AND FOR OTHER MATTERS; and the Ordinance was read the first time. Director Adcock moved to suspend the rules to provide for the second reading of the Ordinance. The motion was seconded by Director Hinton and unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors, and the Ordinance was read the second time. There was a subsequent motion and second by Directors Hinton 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 nine in number and two - thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent- Directors Wilson and Keck - total 2. Whereupon, the Ordinance was declared PASSED. G Minutes May 20, 1997 j 3 ti� Consideration was then given to Ordinance No. 17,488, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT COMMERCIAL TITLED THE SPORTS AUTHORITY LONG -FORM PCD (Z -6278) LOCATED WITH FRONTAGE ON THE NORTH SIDE OF CHENAL PARKWAY AND WEST SIDE OF AUTUMN ROAD, 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. Director Adcock moved to suspend the rules to provide for the second reading of the Ordinance. The motion was seconded by Director Hinton and unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors, and the Ordinance was read the second time. There was a subsequent motion and second by Directors Hinton 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 nine in number and two- thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent- Directors Wilson and Keck - total 2. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on the petition filed by Attorney Hal Kemp on behalf of Bailey Properties LLC, to vacate and abandon a portion of Dailey Street lying between Tracts 3 and 4 in Hillvale Addition. The notice of hearing was duly published in the Daily Record on May 13, 1997 and May 20, 1997. The Planning Commission approved the abandonment on April 3, 1997. Mayor Dailey declared the public hearing open. No one present wished to speak on the issue; therefore, Mayor Dailey declared the public hearing closed, and Ordinance No. 17,489 was introduced, described as: AN ORDINANCE VACATING AND CLOSING A PORTION OF DAILEY STREET LYING BETWEEN TRACTS 3 AND 4 IN HILLVALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. Following the reading of the Ordinance, Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Hinton and unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Hinton 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 nine in number and two- thirds or more of the members of the Board of Directors, 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 Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Keck - total 2. Therefore, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on the petition filed -- by Robert Brown on behalf of The Development Group, et al. to abandon a portion of the right -of -way of Chenal Parkway and Bristol Drive in Montclair Heights Subdivision Part II, pursuant to Arkansas Code Annotated Section 14 -54 -104. The notice of hearing was duly published in the Daily Record on May 13, 1997 and May 20, 1997. The Planning Commission approved the abandonment on April 3, 1997. Mayor Dailey declared the public hearing open. No one present wished to speak on the issue; therefore, Mayor Dailey declared the public hearing closed and Ordinance No. 17,490 was presented, with the title being: 7 734 Minutes May 20, 1997 AN ORDINANCE VACATING AND CLOSING A PORTION OF CHENAL PARKWAY RIGHT -OF -WAY AND BRISTOL DRIVE BETWEEN CHENAL PARKWAY AND AUTUMN ROAD, PARTIALLY LOCATED IN MONTCLAIR HEIGHTS SUBDIVISION (PART II), AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, PURSUANT TO THE ARKANSAS CODE ANNOTATED SECTION 14 -54 -104 (MICHIE 1987). Following the reading of the Ordinance, Director Adcock moved to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Hinton and unanimously adopted by the Board Members present, being nine in number and two - thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. There was a subsequent motion and second by Directors Hinton 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 nine in number and two- thirds or more of the members of the Board of Directors, 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 Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Keck - total 2. Therefore, the Ordinance was declared PASSED. Item 25 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE ACCEPTING THE PROJECT LIST AND APPROPRIATING CDBG FUNDS FOR THE 1997 INFRASTRUCTURE INVESTMENT PROGRAM; and the Ordinance was read the second time, having been read the first time on May 6, 1997. The proposed Ordinance was left on the calendar for third and final reading on June 3, 1997, following the public hearing scheduled for that date. (Director Keck enrolled at 7:00 o'clock P.M.) The next presentation was Ordinance No. 17,491, described as: AN ORDINANCE APPROPRIATING $294,375 FROM THE 1996 GENERAL FUND CARRYOVER ACCOUNT TO THE SPECIAL PROJECTS FUND FOR THE U.S. DEPARTMENT OF JUSTICE (COPS MORE 96) AS MATCHING FUNDS TO PURCHASE LAPTOP COMPUTERS FOR THE LITTLE ROCK POLICE DEPARTMENT. City Manager Charles Nickerson responded to questions from the Board regarding the appropriation of carryover funds. Chief Caudell stated the grant would enable the Police Department to equip all marked vehicles with laptop computers. Following the first reading of the Ordinance, Director Cazort moved to suspend the rules to provide for the second reading of the Ordinance. Director Hodges seconded the motion, which 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, and the Ordinance was read the second time. There was a subsequent motion and second by Directors Adcock and Hinton, respectively, 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 ten in number and two - thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Minutes May 20, 1997 735 Introduced next was Ordinance No. 17,492, with the title being: AN ORDINANCE TO AMEND ORDINANCE NO. 17,336 (THE 1997 BUDGET ORDINANCE); TRANSFERRING FUNDS FROM THE STREET FUND FOR INFRASTRUCTURE; AND REAPPROPRIATING FUNDS FROM THE 1996 GENERAL FUND CARRYOVER TO THE GENERAL FUND BALANCE; ($500,000) City Manager Charles Nickerson responded to questions from the Board regarding the transfer of carryover funds and the $500,000 for infrastructure. Following the first reading of the Ordinance, Director Hinton moved to suspend the rules to provide for the second reading of the Ordinance. Director Keck seconded the motion, which 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, and the Ordinance was read the second time. There was a subsequent motion and second by Directors Adcock and Hinton, respectively, 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 ten in number and two - thirds or more of the members of the Board of Directors, and the third and last reading of the Ordinance ensued. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was a proposed Ordinance, described as: AN ORDINANCE ACCEPTING THE ANNEXATION OF LAND TO THE CITY OF LITTLE ROCK, ARKANSAS, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED AS A PORTION OF SECTIONS 15, 16, 17, 22 AND 23, T -2 -N, R -24 -W, PULASKI COUNTY, ARKANSAS. (Chenal Valley Annexation - Duquesne Community - 717 acres located south and west of the intersection of Chenal Parkway and Hwy. 10.) (Before the discussion began, Director Cazort stated that on the previous Tuesday he did participate in a golf tournament at Chenal Country Club, along with several City Department Heads, hosted by Deltic Farm and Timber as a thank you to the City of Little Rock for its services over the past several years. The tournament had been rescheduled from an earlier date and it was strictly a coincidence that the tournament occurred during the time the annexation issue was before the Board of Directors. He did not feel there was conflict of interest and he would not recuse from the annexation discussion) Mr. Jim Lawson, Director of Planning and Development, made the staff presentation, stating that staff began working with the Chenal area (Deltic Farm & Timber) many years ago in the development of a land use plan. At that time, the City Board felt it would be better to have that area as a part of the City of Little Rock rather than a community outside the City or becoming a new town like Maumelle New Town. Over the years the City has annexed part of the Chenal Valley area and this 712 acre annexation is a continuation of what has been worked on for many years. The developer will build all the streets, drainage, water and sewer services, so there will be no maintenance cost to the City for 12 or 15 years. Mr. Lawson distributed copies of letters dated May 20, 1997, from the Little Rock School District and the Pulaski County Special School District regarding the annexation and responded to questions by the Board. Public Works Director Chandra Russell responded to questions regarding the increased traffic on Chenal Parkway resulting from the development of this area. Deltic will be responsible for enhancing the capacity at certain stages of the development. Director Hodges wanted to be sure that we have a provision available so that the taxpayer doesn't have to pick up the tab for any ramifications of large scale development with the 712 acres. Mr. Jack McCray, General Manager of the Real Estate Division of Deltic Timber Corporation, gave a brief overview, stating that Deltic is Pulaski County's largest property owner. Deltic owns two tracts comprising approximately 31,000 acres. The Chenal development is part of the 7,000 acre tract. Deltic started serious planning of the 7,000 acre tract in 0 736 Minutes May 20, 1997 1985 and desired to be part of the City of Little Rock. The land development map was filed with the City of Little Rock in 1987. There were 15 other property owners that joined with Deltic to form the I -630 to Arkansas State Highway 10 Parkway Property Owners Improvement District No. 338 of Pulaski County in June, 1986 to construct what is now Chenal Parkway and floated an $8.2 million bond project. That infrastructure construction was completed in 1989 and the Parkway was dedicated in 1990. The initial annexation was in 1989 and the second annexation (North Slope) was in 1991. Deltic will be happy for either school district to serve the area. Mr. McCray then responded to questions by the Board. In response to question by Directors Kumpuris and Hodges regarding the sewage treatment needs, Mr. Tim Daters, of White - Daters Engineers, working with Deltic, said that guidelines have been set up to reimburse Little Rock Wastewater Utility for any costs that might be incurred - whether to pump the sewage or build a separate facility, etc. At 8:30 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board reconvened at 8:55 o'clock with Mayor Dailey presiding and nine Directors present (Director Wilson was absent). Speaking in opposition to the annexation were: Mr. Baker Kurrus, Mrs. Ethel Ambrose (President of the Coalition of Little Rock Neighborhoods), Mr. Jim Lynch, Mr. Rohn Muse, Mr. Grainger Ledbetter (Incoming President of LRCTA), Ms. Sherry Curry (Hillcrest Residents Association), and Mrs. Kathy Wells (President of the Downtown Neighborhood Association). Mr. Lynch and Mr. Muse read lengthy prepared statements and both urged the Board of Directors to return the matter to the Planning Commission for further in -depth discussions. Mr. Kurrus, Mrs. Ambrose, and Mr. Ledbetter were concerned about the impact of the annexation on the Little Rock School District. Ms. Curry read a Resolution of the Hillcrest Residents Association Board urging the City Board to deny the annexation or send it back to the Planning Commission for an impact study. Mayor Dailey wanted to have a meeting with Little Rock and Pulaski County school district officials regarding the proposed annexation. Mrs. Wells referred to the Metroplan 2020 Study and urged the Board to take a look at the big picture. During the lengthy Board discussion, Director Kelly read a statement from the Infrastructure Task Force regarding growth and annexation, and then moved to send the annexation back to the Planning Commission for a long in -depth analysis. Director Kumpuris felt it would be unfair to send the Deltic annexation back to the Planning Commission. Following the lengthy discussion, Director Kelly made a substitute motion that "from this day forward all annexations before the City of Little Rock must first go through the Little Rock Planning Commission, which will conduct an in -depth analysis of all the fiscal and service impacts and make recommendations to the City Board of Directors and will include input from the school districts and from the desegration committee." The motion was seconded by Director Hodges and unanimously adopted. The Ordinance was then read the first time and left on the calendar for second reading on June 3,1997. Consideration was then given to Ordinance No. 17,493, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR THE LITTLE ROCK PORT SLACKWATER HARBOR CONSTRUCTION; ($79,464.88 from the Economic Development Fund.) and the Ordinance was read the first time. In response to a question by Director Adcock, Mr. Tom Moore, Executive Director of the Little Rock Port Authority, said the funds will be used to calculate what would be the best industries to use the slackwater harbour and what would be the engineering plan to best satisfy those industries. His goal is to get the slackwater harbour going. There was a motion by Director Adcock, seconded by Director Keck, 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, and the second reading of the Ordinance ensued. There was a subsequent motion and second to suspend the rules to provide for the third and final reading of the Ordinance. The motion was made by Director Cazort, 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 10