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09-07-99527 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas September 7, 1999 - 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kelly, and Adcock - total 9; Absent - Director Kumpuris - total 1. 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. (Director Kumpuris enrolled 6:03 o'clock P.M.) Mr. Van Tilberry, Executive Director of Riverfest, made a brief presentation regarding Riverfest and plans for Riverfest 2000. In 1999 Riverfest, sponsored by Southwestern Bell, increased its sponsorship by 25 %, increased revenue by 35 %, and increased attendance by 25 %. The slogan or motto for Riverfest 2000 is "200, 000 People in 2000. " Mr. Frank Riggins, Chairman of the City Beautiful Commission, and City Director Joan Adcock presented the "Polish the Rock Award" to Mr. Jerry Hulsey, who has been instrumental in improving the quality of housing in the City of Little Rock. There was a motion by Director Adcock to add to the Agenda the four items listed on the Agenda Modifications and to delete Items 8 and 14 as listed on the Agenda Modifications. The motion was seconded by Director Hinton and unanimously adopted. (See the approval of the Minutes and Resolutions No. 10,644, 10,645 and 10,638 below.) The following items were deleted: (7) A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES WITH TUF -NUT LOFTS, LLC. FOR THE RENOVATION OF THE TUF -NUT LOFTS, LOCATED AT 423 EAST THIRD STREET, IN THE APPROVED DOWNTOWN TNEP AREA. (Withdrawn as requested by applicant) (14) AN ORDINANCE TO MANDATE THAT PERSONS WHO RENT PROPERTIES FOR RESIDENTIAL USE SHALL HAVE A PERSON WITHIN THE JURISDICTION OF THE CITY OF LITTLE ROCK RESPONSIBLE FOR THE MAINTENANCE OF SUCH UNITS; TO PROHIBIT THE RENTAL OF PROPERTIES FOR RESIDENTIAL USE BY ANY PERSON, CORPORATION, OR ENTITY THAT DOES NOT COMPLY WITH THE PROVISION OF THIS ORDINANCE; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. (Sometimes referred to as the long -arm statute.) (Deferred.) At the time allotted for Citizen Communications, the first speaker was Lt. Col. B. L. Magness (USMC Retired), 6 Sunset Circle. Col. Magness objected to the allocation of $170,000 for the Loft Apartments, stating the project does not meet under- privileged needs. Regarding the Clinton Presidential Library, he said the Board lied to the citizens of Little Rock regarding funds for the Library. The next speaker under Citizen Communications was Ms. Marilyn Brown, who distributed pictures of various locations in the East Side Neighborhood showing overgrown weed lots, abandoned housed, rodents, etc. She said we really need to implement the long -arm statute in order to get the out -of -town owners to do something about these lots. There are 86 weed lots between 11th Street and 2nd Street from Bond Street to Rogers Street. ;NOlt • Minutes September 7, 1999 Mr. Charles Nickerson (former City Manager) was the next speaker during Citizen Communications. He spoke on behalf of Johnny Mitchum and Bill Lawson, his partners in Quapaw Restoration. He addressed the issue of the bus transfer location at 6`h and Center Streets. They have lost two or three restaurant businesses on the bottom floor of the old Draughon Building at 6' and Center Streets because of the bus fumes. The bank holding the notes on their property considers the Draughon Building a non- performing asset and has threatened to pull the notes on that property. In looking at the pictures of the sidewalks at that location, there appears to be some serious ADA violations and problems that could be potential lawsuits. Mr. Nickerson said they need some help and relief. Mayor Dailey asked City Manager Cy Carney to provide the Board of Directors with a report. Mr. Don Darnell, 7007 E. Wakefield Drive, addressed the Board of Directors during Citizen Communications regarding a Board Meeting just before the tax election when Mayor Dailey promised to try to find funding for the Pulaski County jail. He asked Mayor Dailey if he had found that funding. Mayor Dailey said he had not found the funding and did not know when that could be expected. Mrs. Wanda Chism, 8615 Mabelvale Pike, was the next speaker during Citizen Communications. She asked the Board of Directors to put on the agenda the issue of allowing non -human primates (monkeys) in the City of Little Rock. On July 20, 1999, while her husband was a work, six employees of the City came into her home, entered without permission, and took her primate. The animal has been tested for all types of diseases, and has been hand raised. There was no reason for breaking and entering, and taking her pet that was hand raised. Other communities surrounding the City of Little Rock do exempt primates under 25 pounds. Mayor Dailey asked City Manager Cy Carney to provide the Board with a report. Ms. Norma Walker, 4201 Holt Street, was the last speaker during Citizen Communications. She discussed the need for a community center in the John Barrow neighborhood. Consideration was then given to Director Kelly's proposed Ordinance, entitled: AN ORDINANCE TO REQUIRE AN ANALYSES OF PROPOSED ANNEXATIONS; TO COMMISSION A FISCAL IMPACT STUDY OF DEVELOPMENT IN LITTLE ROCK OUTSIDE THE BOUNDARIES OF THE LITTLE ROCK SCHOOL DISTRICT ON THE DISTRICT TAX BASE; TO COMMISSION A DEVELOPMENT STUDY FOR THE LITTLE MAUMELLE DRAINAGE BASIN; TO ESTABLISH A TEMPORARY MORATORIUM ON SOME SANITARY SEWER CONNECTIONS IN THE LITTLE MAUMELLE BASIN; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the third time, having been read the first and second times on August 3, 1999, and August 17, 1999, respectively. There was a lengthy discussion from 6:35 o'clock P.M. to 10:20 o'clock P.M. At the request of City Manager Cy Carney, representatives of Little Rock Municipal Water Works and Little Rock Wastewater Utility were present to make presentations and to answer questions. Mr. Jim Harvey, Executive Director of the Little Rock Municipal Water Works, explained that for many years the Water Works has followed what it thought was the direction of the City Board, that is, growth and to be prepared for growth. We want to have our system out there ready to meet the City's standards and to maintain our Class II fire rating. When an area is developed, the developer pays for all of those facilities and that becomes the property of the City of Little Rock. Responding to a question by Director Lichty, Mr. Harvey stated that for many years the Water Works has had an ongoing two inch replacement policy to replace older mains, which, of course, are in the older parts of the city. New developments are virtually maintenance free for many, many years. Responding to a question by Director Adcock, Mr. Harvey said there is a policy to help developers recoup some of their expenses for installation of water lines out west. Responding to Director Wyrick's question about a proposed rate adjustment, Mr. Harvey said there has not been a rate adjustment since February 1, 1985, and everything we do costs more money except the selling of water. Mayor Dailey asked Mr. Harvey if water fees could be utilized to be 2 Minutes September 7, 1999 529 part of the manner in which the City acquires properties to preserve the Maumelle Basin as a water source. Mr. Harvey responded that fees could be added to the water bill to finance those acquisitions, and his staff is looking into that. Mr. Reggie Corbitt, Manager of Little Rock Wastewater Utility, said that historically those sewer mains above 36 inches in diameter and the treatment plants have been paid for by all the customers. We have been fortunate in the past that considerable portions of those expenses have been covered by US EPA grants, in some cases as much as 75 %. Unfortunately those grants are not available. Mr. Corbitt had exhibits to explain where Wastewater Utility rehabilitation and collection system monies are spent. Developers are required to pay for mains run to their subdivisions and the off site mains to connect to wherever the system exists. If a basin requires a main that is larger than what is required to serve a particular service area, the developer is required to put in the larger size at his expense. Then he is given an agreement that says when additional customers tie on to that main, Wastewater Utility will collect the funds and refund the pro -rata share to the developer. In discussing the possible need for a new treatment plant, Director Kumpuris asked how it would be financed. Mr. Corbitt said assuming the Revolving Loan fund is in existence, the Wastewater Utility would apply for a loan, a determination would be made of what rates would be necessary to repay the loan, and the rate adjustment would have to be there to support the loan. In other words, a rate adjustment (rate increase) would be necessary. A rate increase to fund a $15 million loan would be approximately $1.25 per month on the average residential customer. Responding to a question by Director Hinton, Mr. Corbitt stated that if development continues in the Little Maumelle Basin at the rate it has since 1985 the best projection we have now is that between 2005 and 2010, we would have to have some facilities in place. Director Kelly asked Mr. Corbitt what the life span is on the infrastructure sewer systems that are provide by the developer. Mr. Corbitt responded that the accounting life is a fifty year straight line depreciation, but there are those in place that are 100 years old. (There was a brief recess from 7:45 P.M. until 8:05 P.M.). Director Keck made a 20 minute slide presentation, stating although he agreed with Director Kelly and the end result, he thought there is some disagreement on how we get there from where we currently stand. (Copies of his presentation were distributed to Board Members.) He felt the proposed Ordinance is based on three misconceptions: (1) Little Rock has not performed a comprehensive study of annexation. (2) West Little Rock has become a drain on city resources. (3) Due to growth in West Little Rock, other areas of the city have not received the city government's attention and resources. He then proceeded to display 19 studies that have been done by the City since 1977. He presented facts and figures regarding the three issues. In conclusion, he said the Board should establish key indicators that will allow all citizens to gauge the success of our city over time based on what our citizens have told us is a priority; establish a steering committee of citizens to work with the Board to establish a long term vision of our city; define leadership and committee responsibilities, and go to work. Mr. Jim Porter was present to clarify the position of the Pulaski County Quorum Court. He said he presented a Resolution to the Quorum Court that expressed the Quorum Court's support for the proposed Ordinance. The Quorum Court's concern dealt with the comprehensive analysis of cost and benefits of the proposed annexations. The Quorum Court did not address the moratorium issue. It is important than an impact study be done. Mr. Bill Putnam said that almost ten years ago the City said yes to the Master Street Plan presented on this annexation and to Phases I, II, and III. Now they are down to the final phase (referring to the Chenal Yalley - Wildwood Annexation). They have not created any problems. Let them finish the project. Speaking in support of the Ordinance were Ms. Tiffany Tackett (127 Vernon Ave, a member of the Steering Committee of the Little Rock New Party); Mrs. Ethel Ambrose (Coalition of Little Rock Neighborhoods); Mr. Bill Asti (President of Coalition of Little Rock Neighborhoods); Ms. Dee White; Mr. Shawn Porter; Ms. Hattie M. Taylor (3820 Ludwig, a member of the New Party); Mrs. Ruth Bell (League of Women Voters of Pulaski County); Mr. Ralph Demaris (4821 Darrragh Dr.); Ms. Vivian Davis (14521 Woodcreek Dr. speaking on behalf of the Sierra Club); Ms. Nell O'Neal (6513 Cantrell Road); Mr. Walter B. Clancy (2510 Hidden Valley); Mr. Jim Lynch (Co -Chair of the Little Rock New Party); Mr. Darryl Lee (9407 Comstock Road); and Ms. Peggy Wilhelm (26 Montvale Dr. speaking for the Sierra Club of Central Arkansas). Speaking 3 530 Minutes September 7, 1999 in opposition to the Ordinance were Mr. Stuart Mackey (2925 N. Taylor St.); Mr. Jesse Mason (former City Director); Mr. Shelby Woods (Chairman of the Board of the Greater Little Rock Chamber of Commerce); Mr. Bob Shell (President -elect of Fifty For The Future); Mr. Ken Gill (President of Little Rock Realtors Association); Mr. Robert Shultz (5108 Edgewood); Mr. Fred Stancil (President of Greater Little Rock Home Builders Association); Mr. J. Turner Lloyd III (11 Wingate Dr,); and Mr. Haskell Dickinson (6 West Palisades). At 9:37 P.M. Director Cazort made comments, stating there is no reason for a moratorium on annexations to study costs benefits associated with proposed annexations; that can be done on a case by case basis. There are costs involved with fire service. As we bring in new areas we need to put money aside for new fire stations. This Ordinance does not do what I think Paul seeks to do and that is to put a halt to the possibility of a new sewage treatment plant in west Little Rock. Director Cazort said he was willing to discuss the costs and benefits of any future annexation that comes before the Board and to look at it in detail, but he was not willing to put up any artificial barriers to growth that he felt a moratorium places, and he would not support the Ordinance. Director Kumpuris said that FUTURE- Little Rock started with concerns about growth and crime, and Paul Tischler was a part of the FUTURE- Little Rock process. He referred to Mr. Tischler's report and suggested that the City recontract with Mr. Tischler to look at the questions asked by Jim Lynch, Ethel Ambrose, and others. He concluded by stating he would vote against the Ordinance. Mayor Dailey said he had a substitute ordinance if Director Kelly's Ordinance fails, but he would not support this ordinance as it is before us. Director Kelly made his closing comments, stating that if something good is going to come out of this, it already has by the fact that we have spent almost four hours talking about this subject. He said what he proposed was something that seemed so simple. The fact is that our population has remained stagnant and has not grown. Following the lengthy discussion, a roll call vote was taken on passage of the Ordinance as follows: Ayes — Directors Pugh, Stewart, Wyrick, and Kelly — total 4; Noes — Directors Hinton, Lichty, Cazort, Keck, Kumpuris, Adcock, and Mayor Dailey — total 7. Mayor Dailey announced that the Ordinance had FAILED. Director Adcock moved to reconvene the FUTURE- Little Rock Task Force and ask it to give an update on all the recommendations made in 1993. The motion was seconded by Director Kumpuris. Director Lichty spoke in opposition, stating that we are on the brink of getting some kind of recommendation from the Planning Commission on Smart Growth. Mayor Dailey said the Planning Commission would present the Smart Growth Initiative to the Board of Directors next Tuesday. Therefore, Directors Adcock and Kumpuris withdrew the motion and second. (Director Kumpuris said he would try to get more information from Mr. Tischler on what he can do and what the cost would be.) Mayor Dailey distributed his proposed ordinance just for the Board Members to be aware of it, but not for any action at this time. The title of his proposed ordinance was: "An Ordinance to establish a method of analysis for any proposed annexation; to commission a development study for the Little Maumelle drainage basin; to declare an emergency, and for otherpurposes." At 10:22 o'clock P.M. the Board of Directors recessed to executive session to consider appointments to various Boards and Commissions. The Board reconvened at 10:38 o'clock P.M. with Mayor Dailey presiding and all Directors present. Mayor Dailey announced that no action was taken and the appointments were deferred to September 21, 1999. 4 Minutes September 7, 1999 531 Introduced next was Item 2 on the Agenda, being Ordinance No. 18,095, entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED MCSHANE - LONG -FORM POD (Z- 4663 -B) LOCATED ON THE NORTH SIDE OF KANIS ROAD, APPROXIMATELY 1,000 FEET WEST OF BOWMAN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being 11 in number and two- thirds or more of the members of the Board of Directors. At the request of Director Keck, the applicant explained that this is a planned development on seven acres on Kanis Road. It is a 126 unit independent living facility with an adjoining medical office building for support services. The independent living facility will be three stories and the medical facility will be two stories. There will be a 40 ft. buffered and landscaped area between the POD and the adjacent subdivision. A roll call vote was then taken on passage of the Ordinance as follows: Ayes - Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, and Adcock - total 11; Absent - None. Whereupon, the Ordinance was declared PASSED. At 10:45 o'clock P.M. Director Adcock moved to waive the rules and extend the meeting past 11:00 o'clock P.M. The motion was seconded by Director Hinton and unanimously adopted. There was a lengthy discussion from 10:45 o'clock P.M. to 12:30 o'clock A.M. on the Targeted Neighborhood Enhancement Plan (TNEP) and related Items 3, 4, 5, 6 and M -4. (See Resolutions No. 10, 634, 10,635, 10,636, 10,63 7, and 10, 638 below.) City Manager Cy Carney briefly explained the five related Resolutions. City Attorney Tom Carpenter said the State Statute speaks on the terms of the contract being with the owner /occupant. Some of these are owned by entities, and we understand there will be an individual who owns a part of the entity who will actually be the owner /occupant. The final contract will be between the City and that individual, who will fulfill the terms of living at that location for five years. Speaking in support was Kathy Wells, 2121 Gaines, a tornado victim, and president of the Downtown Neighborhood Association. Other speakers were Nellie Leonard (2307 Cumberland); Howard Hanson (2622 W. 12"' St.); Jerry Hulsey (1200 John Barrow Rd.); Alice Charles (507 East 20" St.); Fred Gray; Sandy Magness (4111 S. Shackleford Rd.); Bob East (President of Downtown Partnership); Christie Godwin (Executive Director of Downtown Partnership); and Senator Bill Walker. Most were opposed to dividing the money, stating the money was designed for three TNEP areas and now it is being drained off to other areas. Also, the money was designed for single - family, not multi - family. Director Adcock said the City has a Community Housing Advisory Board that was created out of FUTURE- Little Rock to serve as an advisory board on housing issues to this Board, yet it never hears about these issues until a decision has been made. Mr. Fred Gray, applicant for funds for renovation of the Park Place Apartments at 916 -924 Commerce Street, said his plans are to rehab the building which was burned more than a year ago and to put those units on the market as rental units. (See Resolution No. 10, 638) Mr. East said the Downtown Partnership wants to see all of these projects funded and would be glad to help. Ms. Godwin said the Downtown Partnership is supportive of these programs and would like to have downtown considered as a neighborhood. Director Adcock asked Senator Walker what did the Legislature mean by a targeted neighborhood. Senator Walker said he thought it was to help blighted neighborhoods and to rehab vacant and abandoned structures. He said his impression was that the 20% money was really available for builders or developers as an incentive to go into a blighted neighborhood, invest in the property, and commit someone to live there for five years. Following the lengthy discussion the five Resolutions were introduced. 5 532 Minutes September 7, 1999 Consideration was then given to Item 3 being Resolution No. 10,634, entitled: A RESOLUTION DESIGNATING THE JANUARY 21, 1999, TORNADO AREA AS A DISASTER REBUILD TARGETED NEIGHBORHOOD ENHANCEMENT PLAN (TNEP) AREA. Following the reading of the Resolution, Director Keck moved for its adoption. (See discussion above.) The motion was seconded by Director Cazort and the Resolution was adopted by a voice vote of 10 ayes and 1 no (Director Adcock). Introduced next was Resolution No. 10,635, described as: A RESOLUTION ALLOCATING AVAILABLE TARGETED NEIGHBORHOOD ENHANCEMENT PLAN (TNEP) FUNDS TO SPECIFIED CATEGORIES. Following the reading of the Resolution, Director Keck moved for its adoption. (See discussion preceding Resolution No. 10,634 above.) The motion was seconded by Director Kumpuris, and the Resolution was adopted by the following roll call vote: Ayes — Directors Hinton, Lichty, Cazort, Keck, Wyrick, Kumpuris, Kelly, and Mayor Dailey — total 8; Noes — Directors Pugh, Stewart, and Adcock — total 3. The next presentation was Resolution No. 10,636, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES WITH PHILANDER SMITH COMMUNITY DEVELOPMENT CORPORATION, TO SUPPORT THE CONSTRUCTION OF THREE (3) SINGLE - FAMILY RESIDENCES TO BE LOCATED AT 1200 RINGO, 13TH AND RINGO, AND 1008 WEST 11TH STREET, IN THE PHILANDER SMITH TNEP AREA. Following the reading of the Resolution, Director Adcock moved for its adoption. (See discussion preceding Resolution No. 10,634 above.) The motion was seconded by Director Cazort, and the Resolution was unanimously adopted. Consideration was then given to Item 6, being Resolution No. 10,637, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES WITH THE BLOCK 2 LIMITED PARTNERSHIP FOR THE RENOVATION OF BLOCK 2 LOFTS, LOCATED AT 107 EAST MARKHAM,114 EAST SECOND STREET, AND 101 MAIN STREET, IN THE APPROVED DOWNTOWN TNEP AREA. Mr. Todd Rice, one of the Vanadis Group developers, said that downtown Little Rock has blighted areas. This is about much needed quality affordable units available to everyone. He noted that 86 of the 145 units will be set aside as affordable housing and will stay that way for at least 15 years. He and his partner are not allowed to change the ownership for at least 15 years. Director Adcock was opposed to the use of TNEP funds for this multifamily project. (See discussion preceding Resolution No. 10,634 above) Mr. Rice said due to the shortfall in tax exempt bond financing, the TNEP funding in the present allocation is essential to this development. Senator Walker said this legislation was never intended to deal with multifamily. What we wanted to do was to build home ownership. This is the wrong vehicle. Director Keck asked City Attorney Tom Carpenter about the legality of what is proposed. Mr. Carpenter said the Statute has two provisions. One provision deals strictly with the person who is trying to purchase and rehabilitate what will be a single family residence. The second subdivision that is relevant to this discussion deals with a multifamily residential dwelling in which the owner is one of the residents. What the Board is really voting on is not a grant to a development, but a contract with an individual to live in an area for a period of time to try to make that area come to life; someone who owns an equity stake in that complex and is going to live there and make it work. Director Adcock suggested directing the City Manager to find $350,000 somewhere for the Loft Apartments instead of using TNEP funds. Director Hinton said we have led these guys astray and somehow we have to make it up. City Manager Cy Carney said staff had acted in good faith and recommended moving forward. Director Lichty asked Mr. Rice if the $288,000 is critical and essential to this project and if it is not received, the project will not go forward. Mr. Rice said that is correct. Following the reading of the Resolution, Director Keck moved for its adoption. The motion was seconded by Director Kelly, and the Resolution was adopted by the following roll call vote: Ayes — Directors Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, and Mayor Dailey — total 9; Noes — Directors Pugh and Adcock — total 2. 6 M Minutes 533 September 7, 1999 M -1 on the Agenda Modifications was then introduced, being Resolution No. 10,638, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES WITH ARTIST PLACE, LLC., FOR THE RENOVATION OF THE PARK PLACE APARTMENTS, LOCATED AT 916 -924 COMMERCE STREET, IN THE APPROVED DOWNTOWN TNEP AREA. Following the reading of the Resolution, Director Cazort moved for its adoption. (See discussion preceding Resolution No. 10,634 above) The motion was seconded by Director Keck, and the Resolution was adopted by the following roll call vote: Ayes — Directors Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, and Mayor Dailey — total 10; Noes — Director Adcock — total 1. Item 15 on the Agenda was a discussion of the BFI Landfill (Browning -Ferris Industries located on the old Worth James Airport property on Mabelvale Pike). There was a lengthy discussion from 12:34 o'clock A.M. to 1:15 o'clock A.M. In response to Director Adcock's question regarding a statement made in his recent memo to the Board that the City Staff has been "developing" with BFI, City Attorney Tom Carpenter stated that when the City undertook the Fourche Creek Project, it agreed that it would undertake certain responsibilities with the Corps of Engineers for flood plain management. When this project came up, the Corps of Engineers was involved with a particular type of federal permit, and the City had involvement with what would be the mitigation measures dealing with this. The Corps asked for comments and from 1993 the City Staff was involved in those comments to try to assure that there would be reasonable mitigation efforts for the areas in the flood plain. There were several meetings and finally a plan was developed that the City found acceptable. Mr. Chuck Nestrud, attorney for BFI, stated that two years ago he addressed the Board when it was considering whether to appeal a decision by the Department of Environmental Quality to issue a solid waste permit to BFI for its expansion. The Board of Directors voted 9 -3 against the appeal of that permit. (See Minutes of July 1, 1997.) He gave a history of why that vote was made that night. The Public Works staff told the Board that the City had a liability associated with inadequate flood storage capacity in southwest Little Rock. The Public Works Department estimated that liability at up to $144 million. BFI proposed, as part of its expansion back in the permitting process, that it would eliminate that problem. Plans were drawn up; they were reviewed and approved by the City and the Corps of Engineers. The approved plans were incorporated in the permit that was ultimately issued by the State of Arkansas. This Board recognized that the expansion permit offered significant benefits to the City of Little Rock and the residents of southwest Little Rock. The Board also recognized that it would not receive those benefits if the expansion did not go forward. The Board voted then not to appeal that permit. Over the last two years, BFI has been meeting all of its commitments to the City. It has created all of the flood storage capacity that it promised. The City has issued grading permits for this work over the last two years. BFI was asked to assist with the tornado recovery efforts last winter and it provided roll -offs and transportation to the community. It has often helped the Geyer Springs Elementary School. BFI recently applied for the next in a series of grading permits for its expansion project. This is the same expansion that was permitted over two years ago and was before this Board two years ago. This is nothing more than the second phase of an expansion that was permitted two years ago. The Public Works Department has stated that it has no objection to the technical merits of the grading permit and is prepared to issue the permit. So what is the controversy. The City annexed this landfill in 1994, but the landfill has been in existence since 1979. When the City took this landfill into the city, it knew that the landfill would be expanded. BFI has expended nearly $2 million to improve the flood storage capacity in southwest Little Rock. BFI has expended another $2 million preparing for this next phase of the expansion. There is no legal basis to oppose the grading permit. Mr. Nestrud concluded by urging the Board to allow staff to carry out its function and issue the grading permit. Those speaking against the BFI expansion were Mr. Norm Floyd, (President of West Baseline Neighborhood Association); D. G. Durham (Geyer Springs Neighborhood Association); Wilandra Dean (President of the Geyer Springs Neighborhood Association); Ms. Pat Gee (8409 Dowan Dr.); and Troy Laha (Chairperson of Southwest Little Rock United for Progress). Mr. Floyd said the expansion of the dump would not be as necessary if Garland, Clark, and Hot Spring counties were not bringing garbage to BFI. Mr. Durham read a prepared statement which was distributed to Board Members. He felt BFI had not fulfilled its commitment regarding the wildlife habitat and wetland mitigation plan and concluded by asking the Board to study this issue thoroughly and come to the conclusion this landfill should not continue within the city limits of Little Rock. Director Adcock said she wished Mr. Carpenter would find a way to retire BFI six years early. City Manager Cy Carney said there have been a number of questions about compliance with the mitigation plans, both City and State. He felt the first obligation would be to check with the State to be sure this facility is absolutely in compliance. Based on the legal opinion of our City f' 534 Minutes September 7, 1999 Attorney and if the mitigation plans are in order, there is no reason for the City to withhold the issuance of the permit. Mr. Carpenter said BFI could have enjoined the City to demand that we issue the permit before now. It is to their credit that they have not done so. The City can't wait too long on this issue. In conclusion, Mayor Dailey read a letter from the League of Women Voters of Pulaski County, expressing opposition to the BFI landfill expansion and asking the City to refuse the permit for the following reasons: expansion of landfill into the Fourche wetlands is contrary to the spirit and intent of federal wetlands legislation; the proposed pumping and water storage system is subject to a high risk of human and mechanical failure; the proposed pumping and water storage system, once in place, must remain in operation indefinitely; landfill expansion would further intrude into the site of the proposed Fourche Wetlands Park, depriving citizens of central Arkansas use of the Wetlands for educational and recreational purposes. There was a brief discussion at 1:15 o'clock A.M. regarding appointments to the Planning Commission. The Board generally agreed that it would conduct interviews of the applicants for appointment to the Planning Commission. Director Kelly moved to extend the deadline for submitting applications for appointment to the Planning Commission to September 17, 1999. Director Stewart seconded the motion. Director Lichty objected because the deadline has already been published in the newspaper. There are three positions available and two of those are reappointments. There are adequate applications for selection of one person. Mr. Jim Lynch, Little Rock New Party, objected stating he didn't think Mr. Putnam and Mr. Berry are eligible for reappointment. He also said the traditional deadline for filing applications for the Planning Commission was mid - October, and it is quite out of the ordinary to have the August 31 deadline. A roll call vote was then taken on the motion to extend the deadline to September 17 as follows: Ayes — Directors Pugh, Hinton, Stewart, and Kelly — total 4; Noes — Directors Lichty, Cazort, Keck, Wyrick, Kumpuris, Adcock, and Mayor Dailey — total 7. Whereupon, the motion FAILED. The Board then generally agreed to conduct the interviews at the Agenda Meeting on September 28, 1999. The next presentation was Item 8 on the Agenda, being Resolution No. 10,639, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR THE PURCHASE OF TWO (2) HOUSES ON BARBER STREET FOR FLOOD CONTROL PURPOSES. (2725 and 2724 Barber Street.) Following the reading of the Resolution, Director Cazort moved for its adoption. The motion was seconded by Director Kumpuris and the Resolution was unanimously adopted. Consideration was then given to Resolution No. 10,640, entitled: A RESOLUTION CONFIRMING THE SALE OF LIBRARY REFUNDING AND IMPROVEMENT BONDS AUTHORIZED PURSUANT TO ORDINANCE NO. 18,085 OF THE ORDINANCES OF THE CITY OF LITTLE ROCK, APPOINTING A TRUSTEE; DESIGNATING BONDS AS BANK QUALIFIED; AND PRESCRIBING OTHER MATTERS RELATING THERETO. Following the reading of the Resolution, Director Cazort moved for its adoption. The motion was seconded by Director Keck, and the Resolution was adopted by the following voice vote: Ayes — Directors Kelly, Adcock, Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, and Mayor Dailey — total 11; Noes - None; Absent — None. Introduced next was Resolution No. 10,641, described as: A RESOLUTION TO AMEND RESOLUTION NO. 10,619 (AUGUST 3, 1999) AUTHORIZING THE CITY MANAGER TO REQUEST FEDERAL FUNDING ASSISTANCE FOR REBSAMEN PARKWAY RECREATIONAL BIKEWAY TO ADD ADDITIONAL LANGUAGE. Following the reading of the Resolution, Director Cazort moved for its adoption. The motion was seconded by Director Kumpuris and the Resolution was unanimously adopted. Minutes September 7, 1999 The next presentation was Resolution No. 10,642, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RIVER CITY HYDRAULICS, INC. FOR THE PURCHASE OF TWO HIGH DUMP REGENERATIVE AIR SWEEPERS FOR THE PUBLIC WORKS DEPARTMENT. (In the amount of $251,752.20.) Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Cazort and the Resolution was unanimously adopted. Consideration was then given to Resolution No. 10,643, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE MEHLBURGER FIRM, INC. FOR ENGINEERING SERVICES REQUIRED FOR EXPANSION OF THE LITTLE ROCK LANDFILL. (In the amount of $143,285.) Following the reading of the Resolution, Director Cazort moved for its adoption. The motion was seconded by Director Keck and the Resolution was unanimously adopted. Item 13 on the Agenda was a proposed Ordinance described as: AN ORDINANCE TO AMEND LITTLE ROCK REVISED CODE SECTION 2- 243(A)(2) (1988) TO ADD REAL ESTATE MARKETING SERVICES AS A PROFESSIONAL SERVICE; and the Ordinance was read the first time. The Ordinance was left on the calendar for second reading on September 21, 1999. Item M -1 on the Agenda Modifications was approval of the Minutes of the Board of Directors regular meeting held April 20, 1999, the reconvened meeting held April 27, 1999, and the regular meetings held May 4, 1999, and May 18, 1999. Upon a motion and second by Directors Lichty and Keck, respectively, the Minutes were unanimously approved. Item M -2 on the Agenda Modifications was Resolution No. 10,644, described as: A RESOLUTION TO EXTEND THE TIME PERIOD DURING WHICH EXTENDED HOURS FOR CONSTRUCTION WORK IS PERMITTED IN THE AREAS DECLARED TO BE DISASTER AREAS IN LITTLE ROCK RESOLUTION 10,607; AND FOR OTHER PURPOSES. (Extended to period between 6 A.M. and 8 P.M. weekdays and Saturdays until January 1, 2000) Following the reading of the Resolution, Director Lichty moved for its adoption. The motion was seconded by Director Keck, and the Resolution was adopted unanimously. The last item to be considered was Resolution No. 10,645, with the title being: A RESOLUTION AUTHORIZING THE SALE OF A 50 FOOT WIDE STRIP OF LAND OWNED BY THE CITY OF LITTLE ROCK FOR THE USE AND BENEFIT OF THE LITTLE ROCK MUNICIPAL WATER WORKS, TO THE SHACKLEFORD FAMILY LIMITED PARTNERSHIP, FOR $40,000; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED; AND FOR OTHER PURPOSES. (Across from Kroger on Chenal Parkway east of Kirk Road.) Following the reading of the Resolution, Director Lichty moved for its adoption. The motion was seconded by Director Keck, and the Resolution was adopted unanimously. (Mr. Eddie Martin, representing the Shackleford Family Limited Partnership, was present to answer any questions) The funds for the sale of the right -of -way will go to Little Rock Municipal Water Works, because this is an easement. There was a motion by Director Lichty, seconded by Director Adcock, directing the City Manager not to accept any multifamily applications for TNEP funds for the remainder of this year and designate that all remaining dollars be spent on single family housing. The motion was unanimously adopted. (See Senator Walker's comments related to Resolution No. 10, 63 7) 535 536 Minutes September 7, 1999 There being no further business to be presented, the Board of Directors adjourned at 1:30 o'clock A.M. to meet again in regular session on Tuesday, September 21, 1999, at 6:00 o'clock P.M. ATTEST: City Clerk Robbie Hancock 10 APPROVED:: U�x 2ayvor Jim Dailey