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12-01-98Wei Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas December 1, 1998 - 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 Wilson, Hinton, Cazort, Joyce, Wyrick, Kumpuris, Kelly, and Adcock - total 8; Absent - Directors Hodges and Keck - total 2. (NOTE: Director Wilson was present via telephone and cable television pursuant to Ordinance No. 17,854.) 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 Director Cazort, followed by the Pledge of Allegiance. Mayor Dailey announced that since two people had registered to speak on Item 9 regarding donations of land for use by the Parks & Recreation Department, that Item would be removed from the Consent Agenda, and be considered immediately thereafter. (See Resolution No. 10, 422 after Consent Agenda) Item 24 was deferred until December 15, 1998, since it requires an interlocal agreement between the City and the Little Rock School District for a Revenue Collector. Therefore, no action was taken on the proposed Resolution entitled: "A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE CONTRACT WITH THE LITTLE ROCK SCHOOL DISTRICT FOR A REVENUE COLLECTOR." The 1998 Annual Report and 1999 Budget Proposal of the MacArthur Military History Museum Commission was presented by Mr. Craig Rains, Vice Chair of the Commission. The Commission is dedicated to honoring Arkansans who are serving or have served in the military. The Commission was able to occupy the Arsenal Building in MacArthur Park early in 1998 when the Arkansas Museum of Science and History moved to the Terminal Building on East Markham Street. The Commission is currently searching for an Executive Director /Administrator. The Fire Department Combat Challenge Team presentation was deferred until a later date. Consideration was then given to the Consent Agenda which consisted of the following: (1) The Abstract of Votes of the General Election held November 3, 1998 on the election of Mayor, six (6) City Directors, and Municipal Judge Third Division. (To be received and filed.) (Mayor Jim Dailey, City Directors Johnnie Pugh (Ward 1), Willie Hinton (Ward 2), Larry Lichty (Ward 3), Michael Keck (Ward 5), Genevieve Stewart (Ward 6), and B. J. Wyrick (Ward 7); and Judge David Stewart.) (2) The Little Rock Municipal Water Works 1997 Annual Operations and Financial Report. (To be received and filed.) (3) Resolution No. 10,415, entitled: A RESOLUTION SETTING A DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 126 OF JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (December 15, 1998) (4) Resolution No. 10,416, described as: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS SETTING THE DATE OF HEARING ON THE PETITION TO VACATE, CLOSE, AND ABANDON THE ALLEY SITUATED IN BLOCK 39, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. (December 15, 1998.) Minutes 3 2 9 December 1, 1998 (5) Resolution No. 10,417, with the title being: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A DEED DEDICATING A STRIP OF LAND ON SCOTT STREET BETWEEN SECOND AND THIRD STREETS FOR USE AS A PUBLIC STREET. (6) Resolution No. 10,418, entitled: A RESOLUTION TO ALLOW CONTINUED TIME FOR THE CREATION OF A SOUTH UNIVERSITY AVENUE REDEVELOPMENT DISTRICT FROM INTERSTATE -30 TO ASHER AVENUE; AND FOR OTHER PURPOSES. (7) Resolution No. 10,419, described as: A RESOLUTION AMENDING RESOLUTION NO. 10,277 (MAY 19, 1998) TO INCLUDE COMMUNITY LIVING, INC., IN THE AGREEMENT WITH ARKANSAS ENTERPRISES FOR THE DEVELOPMENTALLY DISABLED (AEDD) TO PROVIDE $136,000 IN HOME FUNDS TO CONSTRUCT TWO STRUCTURES IN THE 2000 BLOCK OF ALDERSGATE ROAD. (8) Resolution No. 10,420, with the title being: A RESOLUTION APPOINTING WRIGHT, LINDSEY, & JENNINGS AS BOND COUNSEL FOR THE PROPOSED CENTRAL LIBRARY SYSTEM CAPITAL IMPROVEMENT REVENUE BOND ISSUE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER. (9) Removed from Consent Agenda and considered separately. (See Resolution No. 10,422 below) (10) Resolution No. 10,421, entitled: A RESOLUTION TO APPROVE THE PURCHASE OF 1000 EAST MARKHAM STREET FOR $1,835,000 COMPRISED OF SEVERAL LOTS IN BLOCK 15 AND 16 OF RUSSELL'S ADDITION TO THE CITY OF LITTLE ROCK FOR THE WILLIAM JEFFERSON CLINTON PRESIDENTIAL PARK; AUTHORIZING THE MAYOR, CITY CLERK, AND CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS; AND FOR OTHER PURPOSES. Upon a motion and second by Directors Hinton and Adcock, respectively, the Consent Agenda was adopted by unanimous voice vote of the Board Members present. (Note: Director Joyce recused on Item 7 -Resolution No. 10, 419.) Introduced next was Item 9 which was removed from the Consent Agenda, being Resolution No. 10,422, described as: A RESOLUTION TO ACCEPT THE DONATION OF PROPERTY FOR USE BY THE PARKS AND RECREATION DEPARTMENT AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS. (NATURE CONSERVANCY DONATION OF 30 ACRES OF WETLAND NEAR THE FOURCHE BOTTOMS AREA.) The Resolution as presented and read included two separate properties: (1) a land swap with Western Hills United Methodist Church for land adjacent to Rock Creek Golf Course; and (2) Nature Conservancy donation of 30 acres of wetland near the Fourche Bottoms area. Mrs. Dee White spoke in opposition to the land adjacent to Rock Creek Golf Course, stating the people need to know what is going on at Rock Creek Park, and this should be put on hold for several reasons. The area is slated to be cleared and bulldozed in the interest of building more of a golf course than what already exists there. Aside from the sensitive environmental aspects of clearing such a large area, the Park is the site of the original Jewish Country Club called Concordia from the time of segregation at the turn of the century. There are buildings on the property that are historically significant and should be preserved. The Commission for Historic Preservation will be touring the property at 10:30 A.M. on Monday, December 7, 1998. She asked the Board to put on hold indefinitely any project to change the face of this valuable property to give the Jewish community time to assess the area. She also referred to the environmental destruction at Rebsamen Park due to the giant tree trunks lying all 330 Minutes December 1, 1998 over the ground and huge excavated pits. Mr. Bob East, a member of the Nature Conservancy, spoke in support of the 30 acres of wetlands being donated to the City's Fourche Creek Wetlands Program by Mr. & Mrs. Butler through Nature Conservancy. Director Adcock then moved to separate the two issues by deleting the Western Hills land swap from the Resolution. The motion was seconded by Director Kelly and unanimously adopted. The Resolution, as amended, was then adopted by a unanimous voice vote of the Board Members present. At the time allotted for Citizen Communications, the first speaker was Mr. Herb Rule, 7201 "M" Street, a member of the "M" Street Neighborhood Association. (Several residents of "M" Street were present.) Mr. Rule filed a petition with Mayor Dailey from the "M" Street Neighborhood Association, asking the Board to include "M" Street as part of the "N" Street Project, stating the Public Works officials have estimated that "M" Street can be curbed, guttered and paved for only $140,000 more by doing it at the same time with the same contractor and engineer, to solve the problem of flooding on "M" Street. "N" Street is presently under construction from Georgia to Florida and Florida Street from "N" to "M" Streets for street and storm drainage improvements. Other speakers were Alma Lancaster - 7200 "M" Street; Tim Lum - 7316 "M" Street; Lillian Freeman 7204 "M" Street; Lena Doyle - 7205 "M" Street; Allen Smith - 7218 "M" Street. Mayor Dailey asked City Manager Cy Carney to provide a report to the Board and to the "M" Street residents. (Director Hodges enrolled at 6:30 o'clock P.M.) The next speaker during Citizen Communications was Christy Dillman with Metro Towing, who addressed the Board regarding the wrecker service rotation list. Mr. Ronald Colby needed Metro Towing to loin with him in order to be big enough to participate in the wrecker service rotation, but he was disqualified. City Attorney Tom Carpenter explained that the bid specification required that certification be in place on the date of the bid. That was not the case and this particular company was disqualified because the license that the State grants is not transferable. Metro Towing was certified but Mr. Colby was not. Mayor Dailey asked City Manager Cy Carney to meet with Mr. Colby and Ms. Dillman and report to the Board. Mrs. Kathy Wells, President of the Downtown Neighborhood Association, was the next speaker during Citizen Communications. She read a prepared statement in which she referred to the November 17, 1998 Resolutions directing City staff to create plans by which Targeted Neighborhood Enhancement Areas would be established in the Central Business District and the Philander Smith College Area. They left out something important - the neighbors. Residents of the Downtown Neighborhood Association want to join this process. She urged the Board to reconsider the limits in those Resolutions. (See Resolutions No. 10,406 and 10, 407.) The last speaker during Citizen Communications was Mr. Searcy Ewell who spoke for the continuation of night bus service. He presented a petition to Mayor Dailey, urging the Board to keep the Central Arkansas Transit Authority (CATA) buses running at night. A public hearing had been scheduled for this time and place by a motion adopted on November 17, 1998, on the appeal of the Planning Commission's approval of a Conditional Use Permit for Denton Manufactured Home at 9205 Susie Lane (Z- 6568). The appeal was filed by Mr. Jeff Jenkins, who asked that the Board of Directors rescind the Planning Commission's approval of the Conditional Use Permit. Mayor Dailey declared the public hearing open at 6:48 o'clock P.M. The first speaker was Mr. Mike Kumpuris, president of Westwood Neighborhood Association, who stated that residents do not want a manufactured house adjacent to their neighborhood, much less in the neighborhood. He asked the Board to deny the request for a manufactured house in the neighborhood. Mr. Bruce Wilson, speaking on behalf of his mother, Ruth Wilson, spoke in support of the manufactured housing. Ms. Madeline Denton, 4825 Stagecoach Road, also spoke in support of the manufactured housing. She said she had originally planned to build a home on the property, but her company transferred her to Conway. She then decided to put a modular home on the property. Mr. Jenkins has a manufactured home on his property, so she didn't understand why he opposed her proposal. Mr. Jim Lawson, Director of Planning and Development, explained the request for the manufactured home and the reason for Staff s support. He stated the request is to put a manufactured home at the end of Susie Lane; the applicant would actually have to extend the street to get to the house. Mr. Jeff Jenkins, who filed the appeal, lives in a manufactured home across the street. Staff looked at the area, taking into consideration that there is a manufactured home across the street, and this manufactured home will be in a wooded area, about 1,000 feet from the Westwood area. The concern of the neighborhood is that this is just the first step to becoming a trailer park. Staff does not Minutes 331 December 1, 1998 believe that one manufactured home in the woods there would have a detrimental impact. In response to a question by Mayor Dailey regarding legal implications, City Attorney Tom Carpenter said that denying the use of a manufactured home in an area that is otherwise deemed appropriate under the City's zoning laws simply because it is a manufactured home is the type of thing that could lead to a successful fair housing act complaint against the City because federal law prohibits that type of discrimination. However, if there is a neighborhood plan being developed and the Board is concerned about seeing the ultimate result of that plan, and there are some concerns about altering that plan, then the Board in its discretion could refuse this request for a Conditional Use Permit. Mayor Dailey declared the public hearing closed at 6:58 o'clock P.M. and Resolution No. 10,423 was presented, with the title being: A RESOLUTION RESCINDING THE LITTLE ROCK PLANNING COMMISSION'S ACTION IN APPROVING A CONDITIONAL USE PERMIT FOR A MULTI - SECTIONAL MANUFACTURED HOME TO BE LOCATED AT 9205 SUSIE LANE (Z- 6568). Following the reading of the Resolution, Director Cazort moved for its adoption. The motion was seconded by Director Joyce, and the Resolution was adopted by the following roll call vote: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges, and Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Introduced next was Ordinance No. 17,878, 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- 4463 -A - To rezone property located at 8100 West Markham Street from "C -1" Neighborhood Commercial 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,879, described as: AN ORDINANCE RECLASSIFYING PROPERTY 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 -6567 - To rezone property located at 4705 South University Avenue from "C -3" General Commercial District to "C -4" Open Display 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Whereupon, the Ordinance was declared PASSED. Item 14 on the Agenda was a proposed Ordinance, entitled: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE ELLIS MOUNTAIN DISTRICT FROM MULTI - FAMILY TO SUBURBAN OFFICE; AND FOR OTHER PURPOSES; (Re: Z -6576 - NE /NW corners of Kanis and Point West.) and the Ordinance was read the first time. The Ordinance was left on the calendar for second reading on December 15, 1998, as requested by Director Keck who was absent. 4 r` l 332 Minutes December 1, 1998 Item 15 on the Agenda was a proposed Ordinance, described as: AN ORDINANCE RECLASSIFYING PROPERTY 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 -6576 - To rezone properties located at the northwest and northeast corners of Kanis Road and Point West Drive from "MF -18" Multi- family District to "0-1" Quiet Office District, with height limitation.) and the Ordinance was read the first time. The Ordinance was left on the calendar for second reading on December 15, 1998, as requested by Director Keck who was absent. Consideration was then given to Ordinance No. 17,880, entitled: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE I -430 DISTRICT FROM MULTI FAMILY TO MIXED OFFICE COMMERCIAL; AND FOR OTHER PURPOSES; (Labette Drive) 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,881, described as: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE 65TH STREET WEST DISTRICT FROM SUBURBAN OFFICE TO MIXED USE; AND FOR OTHER PURPOSES; (Colonel Glenn and I -430) 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled for this time and place on the petition to establish the Chenal Valley Municipal Property Owners Multi- purpose Improvement District No. 7, located at Northfield Drive and Hwy. 10. Mayor Dailey declared the public hearing open at 7:05 o'clock P.M. No one was present who wished to speak on the issue. Mayor Dailey declared the public hearing closed and Ordinance No. 17,882 was introduced, described as: AN ORDINANCE ESTABLISHING THE CHENAL VALLEY MUNICIPAL PROPERTY OWNERS MULTI - PURPOSE IMPROVEMENT DISTRICT NO. 7 OF LITTLE ROCK, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Located at Northfield Drive and Highway 10.) 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes - None; Absent - Director Keck - 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Minutes December 1, 1998 Consideration was then given to Ordinance No. 17,883, entitled: AN ORDINANCE WAIVING COMPETITIVE BIDDING; AUTHORIZING THE CITY MANAGER TO ENTER INTO SOLE SOURCE CONTRACTS WITH ARKANSAS INSTITUTE FOR SOCIAL JUSTICE AND LOCAL UNION 100, FIRST UNITED METHODIST CHURCH - CHILD DEVELOPMENT CENTER, UNITED WAY OF PULASKI COUNTY, THE UNIVERSITY OF ARKANSAS AT LITTLE ROCK, PULASKI TECHNICAL COLLEGE, AND THE UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES /ARKANSAS CENTER FOR ADDICTIONS (AR CARE) TO PROVIDE WELFARE -TO -WORK SERVICES IN 1999, TO PULASKI COUNTY RESIDENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. At the request of Director Adcock, City Manager Cy Carney made a brief presentation, stating that several months ago the City was afforded the opportunity to apply to the Federal Department of Labor for a competitive grant to use for the Welfare -to -Work Program. We invited a number of groups that are known service providers to participate as primary partners along with other groups to help the City package the application. There was no formal selection process. It is critical to the success of the Welfare -to- Work Program that the City move forward with all deliberate speed and we need to start immediately to provide these services. Mr. Rick Colclasure, Director of Community Programs, responded to questions by Director Joyce. City Attorney Tom Carpenter noted that Arkansas Institute for Social Justice is the correct name for the entity listed as Arkansas ACORN. The Ordinance was then 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. The Emergency Clause contained in Section 4 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Item 20 on the Agenda was a proposed Ordinance described as: AN ORDINANCE AMENDING IN PART ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING A FRANCHISE FEE TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY FOR THE YEAR 1999; PROVIDING FOR THE PAYMENT THEREOF; and the Ordinance was read the first time. The rules were suspended to provide for the second reading 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. The Ordinance was left on the calendar for third and final reading on December 15, 1998. Item 21 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ENTERGY (FORMERLY ARKANSAS POWER AND LIGHT COMPANY) AND THE METHOD OF PAYMENT THEREOF BEGINNING 1999; AMENDING SECTION 9 OF ORDINANCE NO. 11683, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second reading 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. The Ordinance was left on the calendar for third and final reading on December 15, 1998. Item 22 on the Agenda was a proposed Ordinance described as: AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1999; AND PROVIDING FOR THE PAYMENT THEREOF; 333 334 Minutes December 1, 1998 and the Ordinance was read the first time. The rules were suspended to provide for the second reading of the Ordinance by a vote of 8 ayes, 1 absent (Director Keck), and 2 recused (Directors Wyrick and Wilson), being two - thirds or more of the members of the Board of Directors. The Ordinance was left on the calendar for third and final reading on December 15, 1998. Item 23 on the Agenda was a proposed Ordinance entitled: AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS BY ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE LONG DISTANCE TELECOMMUNICATION SERVICE, AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK, ARKANSAS FOR THE YEAR 1999; AMENDING SECTION 3 OF ORDINANCE NO. 15,706; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second reading of the Ordinance by a vote of 8 ayes, 1 absent (Director Keck), and 2 recused (Directors Wyrick and Wilson), being two- thirds or more of the members of the Board of Directors. The Ordinance was left on the calendar for third and final reading on December 15,1998. Introduced next was Item 25, being a proposed Ordinance entitled: AN ORDINANCE CREATING THE CITY OF LITTLE ROCK, ARKANSAS EDUCATION FACILITIES BOARD (PULASKI ACADEMY) PURSUANT TO THE PROVISIONS OF ARKANSAS CODE OF 1987 ANNOTATED, TITLE 14, CHAPTER 137, SUBCHAPTER 1, AND PRESCRIBING OTHER MATTERS RELATING THERETO. Responding to Director Adcock's question regarding other cities that have done this type of financing, City Manager Cy Carney stated that Searcy, Clarksville, and Batesville have formed similar public facilities boards to issue tax exempt bonds for debt related to educational projects which were colleges. The City of Little Rock has formed similar boards for hospital facilities and residential housing facilities. Mr. Walter McSpadden of Wright, Lindsey & Jennings Law Firm, bond counsel for Pulaski Academy, explained that the Ordinance would create a public facilities board for the purpose of issuing tax exempt revenue bonds to finance construction of an early childhood education center on Denny Road for Pulaski Academy. This particular board is limited to Pulaski Academy. Mr. McSpadden asked that the Ordinance be read the first time only, but that the accompanying Resolution be adopted setting a public hearing for December 15, 1999. (See Resolution No. 10,424 below) Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, expressed concern about using public power for the furtherance of a private educational facility. Mrs. Kathy Wells, 2121 Gaines Street, spoke in opposition to the Ordinance, stating this is the wrong thing to do because it sends the wrong message. The City government should be supporting public schools, not private schools. Mr. Baker Kurrus, a member of the Little Rock School Board, said he was speaking for himself and not the School Board, and expressed opposition to the proposed Ordinance. He said it sends a terrible message. The City Board should be supporting public education. Mr. Ed Stanfield also spoke in opposition, stating this would be setting a precedent that would be hard to live with. Mr. Jim Lynch expressed opposition, stating we have a 41 year old struggle that we are carrying on in this City. It is important that we get full confidence in our system of public education. The adoption of this policy will send a terrible message to the African- American community. Mr. Arch McIntosh, head master of Pulaski Academy, spoke in support of the Ordinance. He emphasized that the citizens of Little Rock will not be paying off these bonds. The parents of the students at Pulaski Academy will be paying off the bonds through tuition. Mayor Dailey asked City Attorney Tom Carpenter under what terms is this available to private schools. Director Cazort wanted to know how this tool can be used by other industries, not just schools. Director Kumpuris asked if the entity forfeits on the bonds, who pays. Is there any encumbrance on the City? Mr. Carpenter said the City has no responsibility, the bonds are secured by the structures that are built. He will provide a written response to the various questions. Following the discussion, the Ordinance was read the first time and left on the calendar for second reading on December 15, 1998, as requested by Mr. McSpadden. (See Resolution No. 10,424 below) 335 Minutes December 1, 1998 Consideration was then given to Resolution No. 10,424 described as: A RESOLUTION TO SET A PUBLIC HEARING ON WHETHER TO ADOPT A RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS EDUCATION FACILITIES BOARD (PULASKI ACADEMY). (December 15,1998.) Following the reading of the Resolution, Director Cazort moved for its adoption. The motion was seconded by Director Kumpuris and the Resolution was adopted by a roll call vote as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Adcock, Wilson, Hinton, Hodges, and Mayor Dailey - total 9; Noes - Director Kelly - total 1; Absent - Director Keck - total 1. At 7:55 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of Directors reconvened at 8:15 o'clock P.M. with Mayor Dailey presiding and nine Directors present. (Director Keck was absent.) Item 27 on the Agenda was a proposed Ordinance entitled: "AN ORDINANCE CONCERNING THE EXCESS FALSE ALARMS IN THE CITY OF LITTLE ROCK, PROVIDING FOR DEFINITIONS AND PENALTIES FOR ENFORCEMENT AGAINST ALARM USERS CAUSING EXCESS RESPONSE TO FALSE ALARMS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The second reading of the Ordinance was deferred to December 15, 1998, as requested by City Attorney Tom Carpenter. Item 28 on the Agenda was a proposed Ordinance described as: AN ORDINANCE TO GRANT A FRANCHISE TO APARTMENT MEDIAWORKS OF ARKANSAS, L.L.C. AS A CABLE SYSTEM PROVIDER WITHIN THE CITY OF LITTLE ROCK, ARKANSAS; PERMITTING USE OF CITY RIGHTS -OF -WAY AND AIRSPACE; AND FOR OTHER PURPOSES. Mr. Bryan Rader, President of Apartment Mediaworks of Arkansas, stated the purpose of the franchise was to service two apartment communities in Little Rock which are Shadow Lake Apartments and Bowman Heights, because there are public rights -of -way within the apartment communities. The other apartment communities they service do not have public rights -of -way, so no franchise is required. The Ordinance was then read the first time. The rules were suspended to provide for second reading of the Ordinance upon a motion and second by Directors Adcock and Joyce, respectively, which 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. Following the second reading of the Ordinance, City Manager Cy Carney raised the issue of the five percent (5 %) franchise fee required by the City since this involves public rights -of -way. He also asked if the applicant would consider voluntarily paying the five percent (5 %) franchise fee on the other apartment communities, even though no public right -of -way is involved. Mr. Rader said the franchise fees are passed on to the consumer. He also said throughout the southeast where his company operates in no case do they pay a franchise fee on private property when there is no public right -of -way involved. The Federal Communications Commission does not require them to do so. City Attorney Tom Carpenter said the gross receipts should be defined to include all customers of Apartment Mediaworks, and the City could legitimately require the payment of 5% of gross revenue for use of any of the City's public streets. Director Kumpuris moved to defer the Ordinance for two weeks to resolve the issue of the five percent (5 %) franchise fee. The motion was seconded by Director Adcock and unanimously adopted. Therefore, the proposed Ordinance was left on the calendar for third and final reading on December 15, 1998. The next presentation was Ordinance No. 17,884, described as: AN ORDINANCE TO CLARIFY THAT A BOW IS A WEAPON; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. City Attorney Tom Carpenter said he received a call from Ms. Sylvia Horton, in response to a newspaper comment that the City had not received a complaint about deer in yards, stating that a deer had crashed through her yard and a window in her house because it was trying to get food in her back yard. Mr. John Spraggins, 819 Robinwood, spoke in support of the Ordinance, which deals with the discharge of lethal weapons, specifically cross bows and other high - powered bows, within the City limits. He stressed that this is not a hunting issue, it is a public safety issue. Bows have devastating killing powers and threaten the safety of both children and adults in their own back yards. A representative group of residents in Robinwood, Foxcroft, and River Ridge were present in support of the Ordinance. He concluded by urging the Board to vote for the ordinance. Mr. Ernie 336 Minutes December 1, 1998 Decker, 3401 Ridge Pass Court, said he is a bow hunter, and his main concern was that this would make it illegal for him to shoot a bow in his own back yard. He expressed opposition to the way the Ordinance is written. The Arkansas Game & Fish Commission is getting complaints about the over - population of deer and damage to yards. Mr. Carpenter said he had looked at language that would allow a person to shoot a bow on his own property within the City limits for purposes of target shooting provided that the target is placed in such a way and with such screening that no arrows will actually leave the property. Director Kumpuris moved to amend the Ordinance as stated by Mr. Carpenter for practice purposes. The motion was seconded by Director Hodges and unanimously adopted. Mr. Keith de Noble, speaking in opposition, expressed another concern. The language of the proposed ordinance describes an emergency. We do not have an emergency. An emergency constitutes an imminent threat to human life. He is an outdoor writer and photographer, a nationally certified archery instructor, and a bow hunter education instructor and has been a bow hunter for 29 years. To his knowledge in 29 years there has been one incident involving two hunters where there has been an injury because of a bow and arrow. Also to his knowledge there has been no injury to child, family, friend or government official by a bow hunter discharging their weapon. He urged the Board to not rush the Ordinance and to work with bow hunters to draft a compromise. Mr. Marcus Kilburn, representing the Arkansas Game and Fish Commission, spoke against the Ordinance. He addressed the public safety issue, stating that deer over population can be a huge problem. Statistics show that the white tail deer is probably the most dangerous animal in North America because more people are killed by deer auto collisions than any other animal. He asked the Board not to pass the Ordinance tonight and give Arkansas Game & Fish Commission the opportunity to work with staff and residents to come up with some alternative that would be acceptable to folks. Director Kumpuris said we are not talking about wild life management; we are talking about hunting in the city limits. Director Cazort said what we are talking about is making it illegal to discharge a crossbow. Mr. Neil Deininger, 816 Ouachita Circle, a bow hunter, stated the City has a growing deer population, and the bow is a viable tool for deer management. Four years ago the hot topic was coyotes in Little Rock and bow hunters did more to control coyotes than anything the City could do. The same residents complaining about deer hunting today are the same ones that complained about the coyotes four years ago. It is dangerous for children to be in the woods and rugged ravines with coyotes and running deer. Bow hunters are not to be feared; there is no evidence that they are causing any harm or risk to the children. He didn't feel the Ordinance would be enforceable. He said the real answer to the problem is for the residents to take time to post the property. Mr. Gary Ingle, 1818 River Heights, a bow hunter, said his concern was that the City is telling him he can't go into the woods on his property and shoot his bow. Mr. Day Lay, 2908 Crouchwood, a bow hunter, said there needs to be an alternative to controlled hunting. He did applaud amending the ordinance to allow practicing bow shooting in the back yard. Mr. Gerald Dodson expressed concern about safety at the War Memorial Park archery range. There needs to be proper back stops because there have been cases of arrows going across the freeway. Mr. Doug Thompson said there are a lot of options to be considered rather than do or don't. Mr. Ross Spurloff, Pulaski County Wildlife Officer, said the City's ordinance prohibiting shooting a gun within the City limits is unenforceable because the Officer has to see the person shooting the gun. The bow ordinance will also be unenforceable if it is written the same way. Mr. Kilburn said that the Arkansas Game & Fish Commission is the only one that can constitutionally regulate hunting. Following comments by Board members, the Ordinance, as amended, 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. Director Adcock moved to defer the Ordinance for two weeks to give opportunity for further study. The motion was seconded by Director Wilson. The motion to defer failed by the following voice vote: Ayes - Directors Wilson and Adcock - total 2; Noes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Hinton, Hodges, and Mayor Dailey - total 8; Absent - Director Keck - total 1. Following the third reading of the Ordinance, a roll call vote was taken on the question, Shall the Ordinance Pass, as follows: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton, Hodges, and Mayor Dailey - total 9; Noes - Director Wilson - total 1; Absent - Director Keck - 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, Hodges and Mayor Dailey - total 10; Noes - None; Absent - Director Keck - total 1. Whereupon, the Ordinance, as amended, together with the Emergency Clause, was declared PASSED. Mayor Dailey was excused at 9:20 o'clock P.M. and Director Adcock presided in the absence of Vice Mayor Keck. 9 Minutes December 1, 1998 337 Introduced next was Ordinance No. 17,885, with the title being: AN ORDINANCE TO REPEAL CERTAIN SECTIONS OF CHAPTER 32 OF THE LITTLE ROCK CITY CODE, REVISED 1998, WHICH HAVE PARALLEL STATE STATUTES MAKING SUCH CONDUCT UNLAWFUL; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (To repeal all traffic offenses defined by ordinance if there is a parallel state statute that makes the conduct illegal.) 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 nine 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 Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, and Hodges - total 9; Noes - None; Absent - Director Keck and Mayor Dailey - total 2. The Emergency Clause contained in Section 57 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Cazort, Joyce, Wyrick, Kumpuris, Kelly, Adcock, Wilson, Hinton, and Hodges - total 9; Noes - None; Absent - Director Keck and Mayor Dailey - total 2. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. Item 32 on the Agenda was a proposed Resolution described as: A RESOLUTION TO REPEAL LITTLE ROCK, ARK. RESOLUTION NO. 6,983 (APRIL 5, 1983) DIRECTING THE CITY MANAGER TO DEPOSIT FUNDS FOR THE REMOVAL OF OFF - PREMISE SIGNS. Following the reading of the Resolution, in response to a question by Director Joyce, City Manager Cy Carney explained this Resolution is a companion to the following budget ordinance. It will allow the funds that have been accumulating in the billboard removal account to be used as part of the 1999 Budget. Director Kelly spoke in opposition to the Resolution, stating this is a repeal of a long standing policy of the Board to remove billboards from the scenic corridors. By removing the financial basis for removing the billboards we are in fact reversing our policy on removing billboards. Director Kelly said several months ago he offered an Ordinance to reasonably do away with billboards; however, the Mayor offered a Resolution that suggested that some study and research needed to be done to further explore ways in which we could remove billboards in the City or what the legal ramifications would be. Director Kelly said he had seen nothing on that proposal. This Resolution would send the message that we have changed our minds about removing billboards. Director Kumpuris said this money was dedicated to a special purpose and he did not feel it could be used for the budget. During the discussion, Director Cazort moved to postpone the Resolution until after the budget discussion, and Director Wilson seconded the motion. A roll call vote was taken on the motion as follows: Ayes - Directors Cazort, Adcock, and Wilson - total 3; Noes - Directors Joyce, Wyrick, Kumpuris, Kelly, Hinton and Hodges - total 6; Absent - Directors Keck and Mayor Dailey - total 2. Whereupon, the motion to postpone FAILED. A roll call vote was then taken on adoption of the Resolution as follows: Ayes - Directors Cazort and Wilson - total 2; Noes - Directors Joyce, Wyrick, Kumpuris, Kelly, Adcock, Hinton and Hodges - total 7; Absent - Director Keck and Mayor Dailey - total 2. Therefore, the Resolution FAILED. The last presentation was a proposed Ordinance entitled: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1999, AND ENDING DECEMBER 31, 1999, APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; AND DECLARING AN EMERGENCY. City Manager Cy Carney briefly responded to comments he had received from Board Members on three specific projects that have raised concern. First, regarding the $200,000 allocation to the Neighborhood Resource Center, he asked to pull that money out of the budget until he has the specific dollar amount related to the improvements. Second, remove the $150,000 from the budget related to the Arkansas Baptist College, because it is contingent upon City Board approval of a contract arrangement between the college and HUD, and that has not been finalized and presented to the Board. That money will be set aside as undesignated match. Three, the $50,000 appropriation related to Central High Visitors Center and Museum should be designated as a one time only 10 338 Minutes December 1, 1998 appropriation for a specific use; however, the specifics have not been made known yet. Mr. Carney said he would need additional time to look carefully at the general budget for a decrease in the operating budget since the billboard funds would not be available due to the failure of the preceding proposed Resolution. Director Cazort asked Mr. Carney to discuss with Central Arkansas Transit Authority whether or not an increase in bus fare for night service is appropriate, what it would generate, and to reduce the City's appropriation to CATA by the like amount. Director Kumpuris moved to reconvene the meeting on December 8, 1998 to consider the Budget Ordinance, and that Board Members provide Mr. Carney with suggestions of where cuts could be made. The motion was seconded by Director Hodges. (Director Wilson signed off at 9:50 o'clock P.M.) Director Kelly felt it was important that the Board set down at the table and discuss the budget before any formal action. The general agreement was that the Board would have a budget work session before the Agenda Meeting on Tuesday, December 8, 1998. The motion to reconvene on Tuesday, December 8, 1998, was unanimously adopted. Therefore, the proposed budget ordinance was deferred to the reconvened meeting on December 8, 1998. City Manager Cy Carney noted that the Board would also need to consider the sale of the Wallace Building at the reconvened meeting on December 8, 1998. There being no further business to be presented, the Board of Directors recessed at 9:55 o'clock P.M. to reconvene on Tuesday, December 8, 1998, to consider the 1999 Budget and the sale of the Wallace Building. ATTEST: City Clerk Robbie Hancock 11 ROVE: (Tayor Jim Dailey