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05-05-98170 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas May 5, 1998 - 5:30 P.M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Jim Dailey presiding. The roll was called by City Clerk Robbie Hancock, with the following Directors present: Directors Cazort, Keck, Joyce, Wyrick, Kelly and Adcock - total 6; Absent - Directors Wilson, Hinton, Hodges and Kumpuris - total 4. With a quorum 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 Mayor Dailey, followed by the Pledge of Allegiance. The South University Avenue Business Improvement Plan was presented by Mr. Jim Lawson, Director of Planning and Development. Other speakers were Joe Morgan (Service Chevrolet - 6700 S. University), Bill Schmidt (Landers Auto), John Honea, Troy Laha, Steve Matson (Hampton Inn - Geyer Springs), Jim Limberg (Southwest Hospital - 11401 I -30), Public Works Director Chandra Russell, and Bryan Day, Assistant Director of Parks & Recreation. Some of the conclusions of the study committee are: (1) the corridor (University Avenue from Asher Avenue to Wanda Lane) needs to be renamed - possibly "University Parkway" - complete with a logo and advertised as a new shopping area; (2) the corridor needs a lighting and landscaping plan; (3) a cost sharing mechanism needs to be established; and (4) a Design Overlay District needs to be established. At the request of Directors Adcock and Wyrick, City Manager Cy Carney explained the Enhancement Funding Program and will check to see if this program could be included in the program. Mayor Dailey read a proclamation which proclaimed the week of May 10 -16, 1998, as Historic Preservation Week in the City of Little Rock. (Director Hinton enrolled at 5:40; Director Hodges enrolled at 5:50; Director Kumpuris enrolled at 5:52, and Director Wilson enrolled at 6:10.) (Mayor Dailey was excused at 6:00 P.M. to attend a funeral. Vice Mayor Keck presided until Mayor Dailey returned.) Consideration was then given to the Consent Agenda which consisted of the following: (1) Approval of the Minutes of the Board of Directors regular meeting held November 4, 1997, the special meeting held November 7, 1997, the reconvened meeting held November 11, 1997, the regular meeting held November 18, 1997 and the reconvened meeting held November 25, 1997. (2) The Little Rock Advertising and Promotion Commission Financial Statement for the years ended December 31, 1997 and 1996. (To be received and filed.) (3) A motion to set the date of hearing for May 19, 1998, on the appeal of the Planning Commission's denial of an amendment to the City Land Use Plan in the Crystal Valley District from Single Family to Suburban Office. (The appeal was filed by Daniel Lieblong.) 1 Minutes May 5, 1998 171 (4) Resolution No. 10,256, entitled: A RESOLUTION OF INTENT TO DECLARE MAY 9, 1998 "TENNIS DAY" IN LITTLE ROCK, ARKANSAS. (5) Resolution No. 10,257, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BLAYLOCK, THREET, PHILLIPS, AND ASSOCIATES, INC. IN THE AMOUNT OF $62,370 TO PROVIDE ENGINEERING SERVICES FOR THE RECONSTRUCTION OF MARYLAND STREET FROM BROWN STREET TO CEDAR STREET, AND BROWN STREET FROM W. 11TH STREET TO MARYLAND STREET UTILIZING CDBG SECTION 108 LOAN FUNDS. (6) Resolution No. 10,258, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GARVER AND GARVER P.A. IN THE AMOUNT OF $117,150 TO PROVIDE ENGINEERING SERVICES FOR THE RECONSTRUCTION OF SWAGGERTY BRANCH DRAINAGE FACILITIES FROM WRIGHT AVENUE TO W. ROOSEVELT ROAD UTILIZING CDBG SECTION 108 LOAN FUNDS. (7) Resolution No. 10,259, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GRIMES CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $37,026 TO PROVIDE ENGINEERING SERVICES FOR THE RECONSTRUCTION OF BLACK ROAD FROM CANTRELL ROAD TO PANKEY AVENUE, UTILIZING CDBG SECTION 108 LOAN FUNDS. (8) Resolution No. 10,260, described as: A RESOLUTION TO EXTEND THE MORATORIUM ESTABLISHED IN LITTLE ROCK, ARK. RESOLUTION 10,125 (November 7,. 1997) FOR ANOTHER SIX MONTHS; GRANTING CERTAIN AUTHORITY TO THE CITY MANAGER TO DECREASE THE LENGTH AND BREADTH OF THE MORATORIUM; AND FOR OTHER PURPOSES. (Moratorium extended to and includes October 2, 1998 on the issuance of building permits and acceptance of rezoning applications for the area of the Clinton Presidential Library.) (Item 2 on the Addendum) Resolution No. 10,261, with the title being: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUITCLAIM DEED TO THE OWNERS OF 9600 COCHRANE STREET TO CORRECT AN ERROR IN THE LEGAL DESCRIPTION. Upon a motion and second by Directors Adcock and Cazort, respectively, the Consent Agenda was adopted by unanimous voice vote of the Board Members present. At the time allotted for Citizen Communications, the first speaker was Rich Livdahl, Capitol Cab Company, who spoke about a problem with the airport shuttle service. The new taxicab ordinance passed on November 18, 1997 required any airport shuttle service to have schedules, rates, and stop points such as hotels, motels, etc., with origination or destination being the Airport. However the Ordinance was amended on December 18, 1997, which effectively removed those restrictions and that affects cab service at the airport. The Airport Shuttle is now allowed to appear at any point in the City except residences as long as the origination or destination is the Airport. He urged 2 172 Minutes May 5, 1998 the Board to review the Ordinance passed on December 18, 1997 and refer back to the one passed on November 18, 1997. Vice Mayor Keck asked City Manager Cy Carney to provide a report. The next speaker during Citizen Communications was Mr. Michael Waters, who owns an Italian restaurant at 2618 West 12th Street in the Central High Neighborhood, and he wanted to assure the citizens the restaurant is not in an unsafe neighborhood. He named a number of prominent people who visit his restaurant regularly. The last speaker during Citizen Communications was Mrs. Ethel Ambrose, 1514 S. Schiller Street, in the Central High Neighborhood. She referred to an article in the Arkansas Democrat Gazette which said wonderful things about Mr. Waters' restaurant but said it is time for it to move out of its dismal digs. She said the City is working very hard to bring about economic redevelopment in the neighborhood and such articles are detrimental. Mrs. Jennifer Duke had registered to speak during Citizen Communications, but was out of the room. Vice Mayor Keck stated she would be allowed time to speak when she returned. Director Wyrick noted that some people interested in the pipe issue were present and asked if that will be discussed during the meeting. City Manager Cy Carney stated that since the new Ordinance No. 17,716 (passed April 21, 1998) gives authority to the City Manager to make changes, he will do what can be done administratively and will provide a report to the Board. Director Wyrick stated that the applicant on the following zoning issue (Z -6440 - Mr. 011ie Rooker) contributed to her husband's political campaign, but City Attorney Tom Carpenter said since that is not against the Board's by -laws, she does not need to recuse. A public hearing had been scheduled for this time and place by a motion adopted April 21, 1998, on the appeal of the Planning Commission's denial of the application to rezone 8212, 8214, 8300 and 8306 Stagecoach Road from "R -2" Single Family District to "C -3" General Commercial District. The appeal was filed by Mr. Oley Rooker. At 6:28 o'clock P.M. Vice Mayor Keck declared the public hearing open. In the Staff Report, Staff opposed rezoning the entire 1,000 feet of the western tract at 8306 Stagecoach Road and recommended approval of "C -3" for only the southern 300 feet of the western tract at 8306 Stagecoach Road. Mr. Jim Lawson, Director of Planning and Development, stated that Mr. Rooker's request has been changed to exclude the portion of the western tract at 8306 Stagecoach Road, and the Ordinance has been revised to reflect that change. Vice Mayor Keck closed the public hearing, and Ordinance No. 17,718 was introduced, 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; (Z -6440 - To rezone property located at 8212, 8214, 8300 and 8306 Stagecoach Road from "R -2" Single Family District to "C -3" General Commercial District.) and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Wilson, Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Vice Mayor Keck - total 10; Noes - None; Absent - Mayor Dailey - total 1. Therefore, the Ordinance was declared PASSED. r Minutes May 5, 1998 Introduced next was Ordinance No. 17,719, described as: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE OTTER CREEK DISTRICT FROM MULTI - FAMILY TO OFFICE AND PUBLIC INSTITUTIONAL; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Wilson, Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Vice Mayor Keck - total 10; Noes - None; Absent - Mayor Dailey - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,720, 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- 4325 -C - To rezone property located on the east side of the 9400 block of Stagecoach Road from "MF -18" Multi - Family District and "0-2" Office and Institutional District to "O -1" Quiet Office and "OS" Open Space Districts.) and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Wilson, Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Vice Mayor Keck - total 10; Noes - None; Absent - Mayor Dailey - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,721, entitled: AN ORDINANCE DISSOLVING SEWER IMPROVEMENT DISTRICT NO. 145 OF LITTLE ROCK, ARKANSAS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Wilson, Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Vice Mayor Keck - total 10; Noes - None; Absent - Mayor Dailey - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,722, described as: AN ORDINANCE DISSOLVING WATER PIPE LINE IMPROVEMENT DISTRICT NO. 136 OF LITTLE ROCK, ARKANSAS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Wilson, Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Vice Mayor Keck - total 10; Noes - None; Absent - Mayor Dailey - total 1. Therefore, the Ordinance was declared PASSED. 0 173 Minutes May 5, 1998 175 to a question by Director Wyrick, Mr. Lawson said the first step is to get the property rezoned; if approved, the next step would be to get a Conditional Use Permit, which would allow him to do what he is already doing. If the CUP is denied, then Mr. Lawson's recommendation would be that everything be torn down and get it back to what it was originally. There was further discussion regarding "C -1" zoning which would be more restrictive, but does not provide for a Conditional Use Permit. Since the Land Use Plan does show Commercial, the Board might also deny the "C -3" request but say it would entertain some sort of quiet use. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - None; Noes - Directors Wilson, Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Mayor Dailey and Vice Mayor Keck - total 11; Absent - None. Whereupon, Vice Mayor Keck announced that the Ordinance had FAILED. Items 13 through 17 on the Agenda dealt with the River Mountain Neighborhood Action Plan. Mr. Jim Lawson, Director of Planning and Development, gave a brief overview, stating that if the Board approves Item 14 (to remove Candlevood Drive and Rivercrest Drive as collectors on the Master Street Plan), then no action would be taken on Item 15 (to reduce the standards for Candlewood Drive and Rivercrest Drive collectors.) The intent of the Walton Heights residents is that no other street ever connect to the end of Rivercrest Drive. The final action of no connection would be for the last two property owners on Rivercrest Drive to petition the Board for abandonment of public right -of -way and close the street. That would be a separate action and is not on the this Agenda. (See Resolutions No. 10,262 and 10,263, and Ordinance No. 17,724 below.) Item 13 on the Agenda was Resolution No. 10,262, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS IN SUPPORT OF THE RIVER MOUNTAIN NEIGHBORHOOD ACTION PLAN. Ms. Mina Drause, 12480 Rivercrest Drive, spoke in support of the Plan. Following the reading of the Resolution, Director Cazort moved for its adoption. The motion was seconded by Mayor Dailey and the Resolution was unanimously adopted. (Attorney Christopher Barrier made a brief comment that he is in the process of working out an alternative for the intersection of South Ridge and Pleasant Ridge, and he thanked the committee for being flexible about this) Consideration was then given Item 14, being Ordinance No. 17,724, entitled: AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519) TO ELIMINATE THE CONNECTION AND REMOVE CANDLEWOOD DRIVE AND RIVERFEST DRIVE AS COLLECTORS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The Ordinance as written removed Candlewood Drive and Riverfest Drive from the Master Street Plan, but did not remove the connection of those two streets. Explaining that the people in Walton Heights do not want Rivercrest Drive to ever connect, Director Cazort moved to amend the Ordinance to also eliminate the connection itself between Rivercrest Drive and Candlewood Drive from the Master Street Plan. The motion was seconded by Director Adcock and unanimously adopted. Mayor Dailey offered further clarification by stating that if at some point in the future, the City wanted to make that connection and condemn the property and pay for it, that could be done, but this would make it very difficult to ever open the street. Mr. Jim Lawson, Director of Planning and Development, said anything done tonight will not preclude the future development of Candlewood. The rules were suspended to provide for the second and third readings of the Ordinance. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Wilson, Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Mayor Dailey and Vice Mayor Keck - total 11; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. C 174 Minutes May 5, 1998 The next presentation was Ordinance No. 17,723, with the title being: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT OT YAMAHA MOTOR MANUFACTURING FOR THE LEASE PURCHASE OF GOLF CARTS FOR THE PARKS AND RECREATION DEPARTMENT; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Wilson, Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, and Vice Mayor Keck - total 10; Noes - None; Absent - Mayor Dailey - total 1. Therefore, the Ordinance was declared PASSED. Item 12 on the Agenda was a 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 -6467 - To rezone property located at 5301 Mabelvale Pike from "R -2" Single Family District to "C -3" General Commercial District.) and the Ordinance was read the first time. Speaking in opposition to the reclassification, Mrs. Joa Stafford - Humphrey, 5022 West 56th Street, President of the Geyer Springs Neighborhood Association, said the owner has done nothing of what the Planning Staff has told him to do. He built and opened the business in spite of everything without getting a permit or a zoning change. Mr. Don Ridgway, 5112 Primrose Lane, was also opposed, stating there is some confusion as to what type of business he is running - a used car lot, wrecker service, tire service, or service station, and there is oil that appears to be coming from the premises. Director Joyce asked why Staff supports the rezoning. Mr. Jim Lawson, Director of Planning and Development, stated this is a straight rezoning to commercial. Mr. Lawson said he could not recommend against "C -3" when the Plan shows "C -3 ". The applicant will be coming to the Planning Commission for a Conditional Use Permit to do the garage and other things that are not allowed under "C -3" by right, but that is a different issue. When it gets to the Conditional Use Permit, Staff may not support that particular part of it. Director Joyce said she didn't see how the Board could support this when the applicant had done everything that Staff told him not to do. Mr. Lawson stated that even if this rezoning is approved, the applicant still cannot do what he is doing now. (Mayor Dailey re- enrolled at 6:45 o'clock P.M.) Director Adcock noted that the applicant has been in court three times for doing what he is not supposed to be doing at this location, and said she could not support this request. Mr. George Davidson, the applicant, said all that had been said was not true. He removed the underground tanks and asked if he could put in a slab and add two bays and was told he could start the work. He was given some papers to complete and return, but the City had no record of that. He did put up the doors even though he was told not to do so, because people were steeling from him. He capped over old asphalt that was there. At one time he did sell used cars but does not now. He said he keeps the property clean and the grass mowed. Mr. Lawson said Mr. Davidson had been told no every step of the way, but he did these things anyway and that is why we went to court. The rules then were suspended to provide for the second and third readings of the Ordinance. City Attorney Tom Carpenter expressed concern that the focus of the Board's discussion is on this individual's actions as opposed to the propriety of rezoning this area - whether commercial use is appropriate at this location. The question before the Board is not whether this is a good business, but whether this commercial use is an appropriate use. You have a plan that says this is an appropriate place for commercial zoning use. It might be that the Board would like to revisit this in light of the things that have been said, but it cannot be that you are upset with this individual's actions or inactions. Responding 5 176 Minutes May 5, 1998 Item 15 was a proposed Ordinance entitled: "AN ORDINANCE TO AMEND THE MASTER STREET PLAN (15,519) REDUCING THE STANDARDS FOR THE CANDLEWOOD DRIVE COLLECTOR AND RIVERCREST DRIVE COLLECTOR; AND FOR OTHER PURPOSES," which was withdrawn due to the passage of Ordinance No. 17,724 above. The next presentation was Item 16, being Resolution No. 10,263, described as: A RESOLUTION OF THE BOARD OF DIRECTORS IN SUPPORT OF THE RIVER MOUNTAIN NEIGHBORHOOD ACTION PLAN STEERING COMMITTEE'S REQUEST FOR REVIEW OF THE CITY OF LITTLE ROCK'S EXISTING EXCAVATION AND BUFFER ORDINANCES. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Hinton, and the Resolution was unanimously adopted. Introduced next was Item 17, Resolution No. 10,264, with the title being: A RESOLUTION OF THE BOARD OF DIRECTORS IN SUPPORT OF THE RIVER MOUNTAIN NEIGHBORHOOD ACTION PLAN STEERING COMMITTEE'S RECOMMENDATION FOR DEVELOPMENT OF AN ORDINANCE FOR THE PRESERVATION OF UNDISTURBED NATURAL SPACE. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Kelly, and the Resolution was unanimously adopted. (Mr. Winfield Martin stated the developer is working to connect water from the elevated tower in the underground tank in Walton Heights up to the top of Rivercrest Drive and it is important to keep the water line right -of -way open until that is completed.) At 7:35 o'clock P.M. Vice Mayor Keck allowed Mrs. Jennifer Duke, 316 North Palm Street, to address the Board of Directors regarding flooding of her property, since she was out of the room during Citizen Communications. She said when she appeared before the Board on April 21, 1998, to request reimbursement for damages caused by the flooding, she was told the reason her claim for damages was taking three months to process instead of three weeks was because it was being processed and investigated with merit and due consideration. (See Minutes of February 3, 1998, and April 21, 1998.) She then referred to a Memorandum by City Attorney Tom Carpenter, dated April 30, 1998, in which he recommended that her claim be denied. She distributed to the Board copies of Mr. Carpenter's Memorandum, and other documents related to this issue. She responded to certain statements made in the Memorandum, stating they were incorrect. She said the evidence is obvious and again asked the Board for help. Vice Mayor Keck asked the City Manager and City Attorney to review the information submitted by Mrs. Duke and report back to the Board. There was a motion by Director Adcock, seconded by Director Hinton, to instruct the City Manager to pay this claim of $5,185.27. Director Cazort said the best he could tell, the City did not cause this damage and he could not support the motion. Mrs. Duke's property has been put at the top of the list for repairs. Mrs. Duke asked if the City knew the plastic pipe was experimental and installed it anyway, why wouldn't the City be liable? City Manager Cy Carney explained that the plastic pipe referred to was recommended, but the work was never done, rather plastic pipe was tied into a manhole system. He strongly encouraged the Board not to pay this claim. Mrs. Duke again stated the flooding of her property occurred after the drainage work was done. City Attorney Tom Carpenter stated that what makes municipalities liable is for intentional actions. What is being claimed here is that there is a drainage system and when it rained her yard flooded and there was damage. This is no different than many other situations in the City. There is nothing significant on this one. He suggested the Board get a full report and a cost figure before taking a vote on the motion. Director Wyrick referred to the history of drainage problems at 323 N. Palm which is directly across the street from 316 N. Palm, and stated it is obvious that a pipe installed there directed water to Mrs. Duke's house. Mr. Carpenter said that does not constitute the 7 Minutes May 5, 1998 177 type of intentional action that has led to liability of cities. Responding to questions by Director Wyrick, Mrs. Duke said she had lived at 316 N. Palm for 13 months, and flooding has occurred three times, with the first being in January. Mayor Dailey stated he would like to go look at this. Director Adcock withdrew her motion with the understanding that the Directors will be going out to looking at this. Director Hodges suggested the City hire an independent civil engineer to look at this with Mayor Dailey, Director Adcock and Director Cazort, and make a recommendation. Vice Mayor Keck advised Mrs. Duke this issue would be considered again in two weeks. At 7:55 o'clock the Board of Directors recessed to Executive Session to consider appointments to various Boards and Commissions. The Board reconvened at 8:15 o'clock P.M. with Mayor Dailey presiding and all Directors present. Resolution No. 10,265 was then introduced, with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE CITY SAFETY COMMISSION, COMMISSION ON DOMESTIC VIOLENCE, HISTORIC DISTRICT COMMISSION, OAKLAND FRATERNAL CEMETERY BOARD OF TRUSTEES, RACIAL AND CULTURAL DIVERSITY COMMISSION, AND THE SISTER CITIES COMMISSION. (Safety - Linda Factor reappointed and M. C. Peevy appointed; Domestic Violence - Mayor Jim Dailey; Historic District - Judith Gardner and Mark Zoeller appointed, Oakland - Jerome Hamner, Morris Parker, Barbara Rogers and Elizabeth Roper reappointed, Racial & Cultural - Thomas Choi appointed, Sister Cities - Albert Porter reappointed.) Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Hinton, and the Resolution was unanimously adopted. The next presentation was Item 21, being Resolution No. 10,266, described as: A RESOLUTION AUTHORIZING THE SUBMISSION OF THE 1998 ANNUAL ACTION PLAN FOR CDBG, HOME AND ESG ENTITLEMENT GRANT FUNDS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Joyce, and the Resolution was unanimously adopted. Consideration was then given to Resolution No. 10,267, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS WITH 18 ORGANIZATIONS FOR SUMMER YOUTH PROGRAM SERVICES IN AN AMOUNT NOT TO EXCEED A TOTAL OF $300,000; AND FOR OTHER PURPOSES. Following the reading of the Resolution, Director Kelly read a list of the programs included in the Resolution. There were 28 applicants and 18 were funded. He said we are falling short on employment objectives this summer and encouraged businesses interested in hiring these youth to call. City Manager Cy Carney stated it is very important to look at the performance measures and objectives of these organizations. Director Adcock moved for adoption of the Resolution. The motion was seconded by Director Hinton, and the Resolution was unanimously adopted. The next presentation was Resolution No. 10,268, entitled: A RESOLUTION APPROVING THE LANDMARK BUILDING GRANT PROGRAM AND THE NEIGHBORHOOD RESIDENTIAL INCENTIVE GRANT PROGRAM, AS TO THEIR FORMAT, CRITERIA, REVIEW AND ADMINISTRATION. W Minutes May 5, 1998 Following the reading of the Resolution, Director Adcock moved for its adoption. Mrs. Annie Abrams, 1925 Wolfe Street, spoke in support of the Resolution, stating it is important to follow through on historic decisions. The motion was seconded by Director Hinton, and the Resolution was unanimously adopted. (Director Keck recused from discussion on the following Resolution regarding the sale of the YMCA Building for use as a wellness center because his employer was involved. Therefore, he was excused at 8:45 o'clock P.M. See Resolution No. 10,269 below.) Item 24 on the Agenda was Resolution No. 10,269 entitled: A RESOLUTION OF INTENT TO SELL UNDER CERTAIN CONDITIONS TO LANDMARK ASSET SERVICES, INC. THE YMCA BUILDING AND LAND AT 6TH AND BROADWAY FOR USE AS A WELLNESS CENTER. The Resolution as presented was entitled: "A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED TO LANDMARK ASSET SERVICES, INC. FOR THE YMCA BUILDING AND LAND AT 6TH AND BROADWAY FOR USE AS A WELLNESS CENTER" Mr. Tim Polk, Director of Housing and Neighborhood Programs made a brief presentation, explaining that the YMCA building was built in 1928 and is Spanish Revival Architectural Style. The YMCA vacated the building in 1996. At the request of the Broadway Group, the City purchased the building in 1996 and a feasibility study was done. In 1997 one hundred (100) Requests for Proposals were sent out all over the US, but only one proposal was received. The proposal was from Landmark Asset Services Inc. of Winston - Salem, NC. A number of parties were brought together to discuss the project and now staff is bringing this to the Board for approval of an Option to Purchase. Director Hodges asked for an explanation of what we are doing, stating "I assume you want to put some kind of conditions on what 'hoops they will have to jump through' after we sell them the property. Mr. Polk said that could be worked out with the City Attorney and City Manager. There will definitely be a time provision. Director Hodges wanted to make sure Landmark Asset does certain things or we get the property back. Obviously we want to tie that down in some legal form with conditions and we don't want someone to purchase the building and six months later say we are going to tear it down. City Attorney Tom Carpenter said the Board could make this a Resolution of intent to sell to Landmark Asset and staff can come back with the final documents. Section 2 of the Resolution would authorize the development of a contract to sell, which would set forth the conditions. Whereupon, Director Adcock moved to amend the Resolution to a "Resolution of Intent to Sell" as stated by Mr. Carpenter. The motion was seconded by Director Joyce and unanimously adopted by the Board Members present. The Resolution, as amended, was then read. There was a motion by Director Adcock, seconded ' by Director Joyce, to adopt the Resolution, and the Resolution, as amended, was unanimously adopted. (Director Keck re- enrolled at 8:50 o'clock P.M.) Item 25 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE TO CREATE A COMMUNITY HOUSING ADVISORY BOARD; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Mr. Tim Polk, Director of Housing and Neighborhood Programs, responded to a number of questions by Director Cazort about powers, control and cost. Director Keck questioned why Section 3(A)(3) (landlord representative) had been revised to delete the phrase "who has not been convicted of housing code or rental inspection code violations...." Director Adcock stated that is a negative and none of the other Boards and Commissions have a negative. Director Cazort recommended deleting Section 8 which states that members of the Housing Partnership and Landbank Authority Task Force 9 Minutes May 5, 1998 should be appointed to the Community Housing Advisory Board. Director Keck noted that Section 6 provides for a quorum of five (5) members. He said that number is too small, a quorum should be at least six (6) of the eleven members. Director Keck also suggested the Board look at consolidating some of the 38 Boards and Commissions. Director Adcock then moved to defer the proposed Ordinance for two weeks. The motion was seconded by Director Hodges and unanimously adopted. (Note: The Ordinance had also been deferred from April 21, 1998) Therefore, the proposed Ordinance was deferred to May 19, 1998. Item 26 on the Agenda was a proposed Resolution described as: A RESOLUTION OF INTENT TO GRANT WATER SERVICE TO ALEXANDER, ARKANSAS; TO DIRECT THAT A CONTRACT FOR SUCH SERVICES BE DRAFTED IN ACCORDANCE WITH STATE STATUTE; AND FOR OTHER PURPOSES. (The Resolution had been deferred from April 21, 1998) Director Wyrick asked if the Water Improvement District would share in the proceeds. Director Adcock asked if this will extend water to commercial properties. Mayor Dailey suggested the Resolution be deferred for two weeks to get additional information. Therefore, the proposed Resolution was deferred to May 19, 1998. Item 1 on the Addendum was a proposed Resolution, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE MASTER LEASE AGREEMENTS WITH WIRELESS COMMUNICATIONS COMPANIES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE SITE COMMENCEMENT AGREEMENTS FOR THE PLACEMENT AND OPERATION OF WIRELESS COMMUNICATIONS FACILITIES ON CITY PROPERTY. (Telecorp Holding Corporation.) Following the reading of the Resolution, City Manager Cy Carney and City Attorney Tom Carpenter responded to questions by Mayor Dailey. Director Hodges wanted more information before voting on the Resolution. City Attorney Tom Carpenter stated that time is of the essence. Mr. Grady Wahlquist, Entel Technologies, stated that his firm was hired by Telecorp and started working with staff in August. Time is of the essence because $770 million is at risk with no clients. He said they were at the point of starting construction, and if the City cannot come to an agreement in a timely manner, they would have to go with other options. Director Cazort moved to recess this meeting until May 12, 1998 and consider the proposed Resolution at the reconvened meeting. The motion was seconded by Director Hodges and unanimously adopted. Therefore, the Resolution was deferred until the reconvened meeting on Tuesday, May 12, 1998. At 9:20 o'clock P.M. City Manager Cy Carney gave is Activity and Project Report regarding Robert Wood Johnson Grant Award, Kanis Road Plan for Redevelopment, Stephens School/Community Center Update, and Curran Hall Restoration Update. There being no further business to be presented, the Board of Directors recessed at 9:30 o'clock P.M. to reconvene on at 4:00 o'clock P.M. on Tuesday, May 12, 1998, to consider the Resolution and Master Lease Agreements with Telecorp for wireless communications facilities. ATTEST: City Clerk Robbie Hancock 10 APPROVED: ` f Jor im a 4 Dailey 179 MR' • Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas May 12, 1998 - 4:37 P.M. The Board of Directors of the City of Little Rock, Arkansas, reconvened from the May 5, 1998 regular meeting with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Hinton, Hodges, Keck, Joyce, Kumpuris, Kelly, and Adcock - total 7; Absent - Directors Wilson, Cazort, and Wyrick - total 3. With a quorum present, Mayor Dailey declared the Board of Directors in session and stated the purpose of the reconvened meeting was to consider a Resolution regarding a Master Lease Agreement with Telecorp for wireless communications towers, which was deferred from May 5, 1998. Consideration was then given to a proposed Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE MASTER LEASE AGREEMENTS WITH WIRELESS COMMUNICATIONS COMPANIES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE SITE COMMENCEMENT AGREEMENTS FOR THE PLACEMENT AND OPERATION OF WIRELESS COMMUNICATIONS FACILITIES ON CITY PROPERTY. (Telecorp Holding Corporation.) City Manager Cy Carney explained the two models that involve lease sites for cellular towers and recommend approval. Deputy City Attorney Stephen Giles responded to questions by Director Hodges regarding his (Giles) memo as to how he arrived at a price for these leases. Director Hodges felt the City should go back and re- negotiate these leases because he felt the price was too low. Mayor Dailey was concerned that we don't have a comprehensive plan that lays out the plan of action. City Attorney Tom Carpenter stated the Zoning Ordinance does that and explained. Mr. Grady Wahlquist, Entel Technologies, employed by Telecorp to find locations for facilities and negotiate agreements, explained the process they went through to find locations. Mr. Olan Asbury, a communications consultant, said there are two issues: (1) do you want to lease ten (10) sites to Telecorp; and (2) do you want to have an aggressive policy for marketing. The issues you are talking about now are not uncommon with other municipalities. There is not a blanket comprehensive plan. Director Adcock asked Mr. Asbury what his company does. Mr. Asbury explained that he provides three basic services for each client: (1) site identification and analysis; (2) site marketing; and (3) site management. Mayor Dailey stated that Director Cazort was concerned that there may not be enough votes today due to his absence and asked for a show of hands of those that were ready to vote. Directors Adcock and Hodges voted no. Director Kumpuris said we need to figure out the basic principles. He disagreed with the premise that you have to have this overall marketing program. Our direction to staff should be how do you insure these principles. He suggested that Director Hodges and Deputy Attorney Stephen Giles met with Telecorp and come up with a fair price. Mr. Asbury stated the policy decision is the most difficult part. Director Hodges said the market is changing so quickly that he was not sure we are on top of it. Following the very lengthy discussion, Director Kumpuris moved to table the Resolution for one week and that the City Manager and City Attorney come back in a week with a general plan of action. Director Hinton said when the Board gives staff direction, then we are going to have to support them. The motion was seconded by Director Adcock and unanimously adopted. Therefore, the Resolution was again deferred to May 19,1998. 1 Minutes May 12, 1998 City Attorney Tom Carpenter stated that Mr. Thomas Moore, Executive Director of the Little Rock Port Authority, had requested an Ordinance be added to the Agenda because time is of the essence. The Port needs to build a structure for housing certain cargo and requested approval of an Ordinance waiving competitive bids for the construction of the facility. Director Keck moved to add the Ordinance to the Agenda. The motion was seconded by Director Adcock and unanimously adopted. Whereupon, consideration was then given to Ordinance No. 17,725 entitled: AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF COMPETITIVE BIDDING FOR CONSTRUCTION AT THE LITTLE ROCK PORT; AND DECLARING AN EMERGENCY; (Facility for housing cargo - handling and packaging.) and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being eight in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges, Keck, Joyce, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 8; Absent - Directors Wilson, Cazort, and Wyrick - total 3. The Emergency Clause contained in Section 2 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hinton, Hodges, Keck, Joyce, Kumpuris, Kelly, Adcock, and Mayor Dailey - total 8; Absent - Directors Wilson, Cazort, and Wyrick - total 3. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. There being no further business to be presented, the reconvened meeting was adjourned at 6:20 o'clock P.M. ATTEST: 6o0,&,L ".40d, City Clerk Robbie Hancock 2 APPROVEib: ayor Jim Dailey 181 __1`1