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09-23-9725 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas September 23, 1997 - 4:05 P.M. The Board of Directors of the City of Little Rock, Arkansas, reconvened from the September 16, 1997 regular meeting with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors in attendance: Directors Hinton, Hodges, Cazort, Keck, Joyce, Kumpuris, and Kelly, - total 7; Absent - Directors Wilson, Wyrick, and Adcock - total 3. With a quorum being present, Mayor Dailey declared the Board of Directors in session and stated the purpose of the reconvened meeting was to continue the discussion of the proposed Ordinance regarding the Seven Acres Business Park Amended Short- Form POD (Z- 5038 -C) to provide for placement of an Alltel cellular tower on Lot 4. Ordinance No. 17,580 was then introduced, with the title being: AN ORDINANCE APPROVING MODIFICATION OF A PLANNED ZONING DISTRICT AND PROVIDING FOR THE ESTABLISHMENT OF A POD AMENDED LONG -FORM TITLED SEVEN ACRES BUSINESS PARK AMENDED LOT 4 AT NUMBER 5 SEVEN ACRES DRIVE (Z- 5038 -C); AMENDING ORDINANCE NO. 17,118, AND CHAPTER 36, SECTION 36 -176 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. At the request of Mayor Dailey, Assistant City Manager Cy Carney noted the two issues: (1) the alternative site at the Good Earth on Cantrell Road; and (2) new information regarding the existing site. (Director Adcock enrolled at 4:10 o'clock P.M.) Mr. Jim Lawson, Director of Planning and Development, then made a brief presentation, stating that staff had looked at the Good Earth site and interviewed people in the area, and had determined that the Good Earth site will not work. Attorney Steve Rowell, representing Alltel, described the fast growing compact trees (Lombardy Poplars) that will be planted to provide screening at the site. Speaking in opposition to the proposal were Dr. Jerry Thomas (10 Thomas Park) and Mrs. Ruth Bell (League of Women Voters of Pulaski County). Dr. Thomas felt a tower such as Alltel proposes that close to Highway 10 violates the spirit of the overlay plan which preserved Highway 10 as a parkway, and the Highway 10 Corridor needs to be preserved. Mrs. Bell said her primary concern was the trees. She asked for assurance that when the trees die, others will be planted or the tower will be removed. Mr. Mike Gray, representing the Good Earth Garden Center and Nurseries/Landscaping & Lawn Care at 15,601 Cantrell Road, said they were interested in looking at this with Alltel. Mr. Lawson said that staff and the City Attorney had determined that the City could not grant a Conditional Use Permit for that site and Alltel would have to start all over. Following the discussion, Director Keck moved to amend the Ordinance to provide for placement of a 120 ft. tower instead of the 150 ft. tower originally requested, as long as Alltel maintains trees for landscaping, such as Lombardy Poplars, at the site of the tower. The motion was seconded by Director Kumpuris and unanimously adopted. In response to Director Adcock's question regarding a monopoly, Mr. Carpenter said a policy choice for the Board is do you want multiple towers at the same site or do you want to create a situation where some towers at a site can be used by more than one carrier. The Ordinance, as amended, was then read the third and last time, having been read the first time on August 5, 1997, and the second time on August 19, 1997. (Note: See Minutes of September 2, 1997, and September 16, 1997 for discussion) 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, Kumpuris, and Kelly, Adcock, and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Wyrick- total 2. Therefore, the Ordinance was declared PASSED. 1 26 Minutes - Reconvened Meeting September 23, 1997 Mayor Dailey asked Assistant City Manager Cy Carney to come back to the Board with some discussion as to how the Board might retain a consultant to assist in some very technical engineering questions when the City's new ordinance regarding cellular towers is passed. (Director Wyrick enrolled at 4:50 o'clock P.M.) Director Keck moved to add to the Agenda the Resolution to ratify the notice of public hearing for the Parking Deck Bond Issue. The motion was seconded by Director Adcock and unanimously adopted. Therefore, consideration was then given to Resolution No. 10,083, entitled: A RESOLUTION TO RATIFY THE NOTICE AND TO FORMALLY SET SEPTEMBER 30, 1997, AS THE DATE FOR A PUBLIC HEARING ON WHETHER TO ISSUE $3,300,000.00 IN REVENUE BONDS TO PURCHASE THE PARKING DECK AND FACILITIES LOCATED AT SECOND AND MAIN STREETS, LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (To purchase the North Parking Deck at Second and Main Streets from Metrocentre Improvement District No. 1.) Following the reading of the Resolution, Director Adcock moved for the adoption of the Resolution. The motion was seconded by Director Joyce and the Resolution was unanimously adopted. There was a motion by Director Hodges to place on the Agenda a resolution commending the actions of Mayor Woodrow Wilson Mann during the 1957 Central High School Crisis, as requested by Mayor Dailey. (See Council Record A -6, pages 154 -158) The motion was seconded by Director Keck, and unanimously adopted. Whereupon, consideration was then given to Resolution No. 10,084, with the title being: A RESOLUTION TO COMMEND THE ACTIONS OF MAYOR WOODROW WILSON MANN FOR ASSURING THAT CITY RESOURCES WOULD BE USED TO PROTECT THE SAFETY OF STUDENTS INTEGRATING LITTLE ROCK CENTRAL HIGH SCHOOL DURING THE 1957 CRISIS; AND FOR OTHER PURPOSES. Mayor Dailey read the following prepared statement regarding the actions of Mayor Mann: "Today, I want to pause for a moment and ask the Board to join me in paying special recognition to Mayor Woodrow Wilson Mann, who served as Mayor of our city from January 1, 1956 to November 11, 1957. While his tenure was short, the responsibility he carried out was awesome. "As you have probably read in the front pages being reproduced by the Arkansas Democrat - Gazette, Mayor Mann was indeed a voice of reason during a time in our city when reason was too often being overruled by emotion. "In the days leading up the events of September 25, Mayor Mann spoke strongly about obeying the law. He reached out to the clergy in the city and asked them to pray for nonviolence and reconciliation. He spoke out publicly against Governor Faubus, which at the time, was more politically and publicly courageous than those of us sitting here could ever imagine. "While Mayor Mann was not perfect, none of us are. But at a critical time when it came to a real show of character and judgment, Mayor Mann was an American who loved his country and who put the law of the land at the top of his priority list. "Largely because of his unpopular stand on integration, he left office and left Little Rock a broken man, personally and financially. Today, he is 81 years old - living in Houston near his son. About a year ago, he suffered a stroke and has complications from that stroke. "Sometimes we learn from history. Sometimes we don't. The new picture in today's paper of Elizabeth and Hazel gives me great hope that we can all learn from our past and that we can 0a Minutes - Reconvened Meeting September 23, 1997 come together - even when we have experienced the most difficult of disagreements and made mistakes that we deeply regret. It's a good lesson for us all. "Today, I would like you to join me in passing a resolution commending the leadership of Mayor Woodrow Wilson Mann. I have invited Mayor Mann's family to be my guest on September 25, and I hope they will come. 7 also request that we take Mayor Mann's photo from its place in our Board Room and through Friday, October 1, that it be placed in the Rotunda of City Hall. When people come in our building and ask, "Who is that man ?" we can proudly say, "That man is Mayor Mann. And, in 1957, he stood tall. " In the statement, Mayor Dailey asked that Mayor Mann's picture be moved from the Board of Directors Room to the rotunda of City Hall to be on display through Friday, October 10, 1997, in connection with the celebration of the fortieth (40th) anniversary of the Central High School crisis, when nine (9) black students integrated the school. Following Mayor Dailey's statement and the reading of the Resolution, Director Keck moved to adopt the Resolution. The motion was seconded by Director Adcock and the Resolution was unanimously adopted. At 5:00 o'clock P.M. Director Keck moved to recess to executive session to discuss the ranking of five recruitment firms to search for a replacement for City Manager Charles Nickerson, whose resignation is effective November 1, 1997. The motion was seconded by Director Hodges and adopted. Whereupon, the Board of Directors recessed to executive session at 5:00 o'clock P.M. The Board of Directors reconvened from executive session at 5:50 o'clock P.M. with Mayor Jim Dailey presiding and nine (9) Directors present (Director Wilson absent). Mayor Dailey announced that the Board had selected three (3) firms to be interviewed by the Board of Directors on Tuesday, September 30, 1997, at approximately 4:30 o'clock P.M. The firms selected were: Executive Recruiting Agency, Little Rock, Arkansas; the Oldani Group, Bellevue, Washington; and W. G. Shurgar & Associates, Little Rock, Arkansas. There being no further business to be presented, the reconvened meeting was recessed at 5:55 o'clock P.M. with the Board of Directors to meet again in reconvened session on Tuesday, September 30, 1997 at 4:00 o'clock P.M. to consider an Ordinance authorizing the issuance of Capital Improvement Revenue Bonds to fund the acquisition of parking facilities at Second and Main Streets (Metrocentre North Parking Deck) . ATTEST: City Clerk Robbie Hancock APPROVED: ayor Jim Dailey 27 w